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Agenda 09-08-21 The City of wr Boynton Beach y City Commission Agenda Wednesday, September 8, 2021 , 5:30 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Woodrow L. Hay (District 11) Commissioner Justin Katz (District 1) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. -to- die,,C0 www.boy nton-beach.org Page 1 of 973 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes& Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit- Three (3) Minutes. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment prior to the meeting: You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us by Noon on September 8, 2021 or calling (561) 742-6006 and leaving a message on the public comment hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item number(s) for your comments. Comments received by the deadline will be included in the meeting minutes for the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. Page 2 of 973 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 973 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call Invocation by Pastor Duane Roberts, Calvary Chapel Pledge of Allegiance to the Flag led by Vice Mayor Hay Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. B. Conduct a Public Hearing to adopt the Final Special Assessment Resolution for the FY 2021-2022 to fund the costs of annual canal aquatic maintenance services for the Lake Eden Four Canals and Lake Shore Haven Canal. C. Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2021-2022 Fire Assessment. D. Conduct First Public Budget Hearing for FY 2021/2022 Proposed Millage and Tentative Annual Operating Budget. Proposed Resolution No. R21-104- Adopt the proposed millage rate for the General Fund for Fiscal Year 2021-2022. Proposed Resolution No. R21-105- Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2021-2022. 3. Announcements, Community And Special Events And Presentations A. Proposed Resolution No. R21-106- Recognizing September 13-17, 2021 as Florida Civics Week and encouraging all City residents to honor civic engagement by participating in educational activities and community service. B. Proclaim the week of September 17-23, 2021 as Constitution Week. Marjorie Ferrer of the Daughters of the American Revolution will accept the proclamation. C. Proclaim the month of September as Hunger Action Month. Sari Vatske, Executive Vice President of Feeding South Florida, will accept the Proclamation. D. Proclaim the month of September 2021 as National Library Card Sign-Up Month. Madison Kjosa, Library Marketing & Outreach Manager, will accept the proclamation on behalf of the Boynton Beach City Library. E. Announcement by Kacy Young, Recreation & Parks Director for the 9/11 Remembrance Memorial Ceremony being held at Centennial Park Amphitheater on Saturday, September 11th , at 10:00 am. F. The Second Public Budget Hearing to adopt the FY 2021/22 Budget will be held during the City Commission Meeting on Tuesday, September 21, 2021 at 5:30 p.m. in the City Commission Chambers. 4. Public Audience Page 4 of 973 Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. B. Consider rescheduling the November 16, 2021 City Commission Meeting to Monday, November 15, 2021 due to the Commission attending the National League of Cities City Summit. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Legal Expenses - July 2021 - information at the request of the City Commission. No action required. B. Proposed Resolution No. 21-107- Approve and authorize the Mayor to sign an Assignment, Assumption and Consent to the Ground Lease between the City of Boynton Beach and FH Quantum, LLC to allow for the assignment of the lease to 3301 Quantum Owner, LLC, a Delaware limited liability company, the new building owner. C. Accept third quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY20/21. D. Approve an $18,000 increase to CK's Lockshop for specialized Medco keys, locks, and hardware as a sole source vendor from$34,000 to $52,000. E. Proposed Resolution No. R21-108-Amend the FY 2020-21 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Fleet Fund (501) for approved FY 2020-2021 Fleet purchases. F. Approve a $19,000 increase to RDK Truck Sales for original equipment manufacturer approved service and repair on GS product vehicles and equipment as a sole source vendor from $30,000 to $49,000. G. Proposed Resolution No. R21-109 - Approve and Authorize the Mayor to sign Subrecipient Agreements for the Community Development Block Grant- Corona Virus Cares Act. Allocations 1 & 3; as adopted in resolution R21-092, for the FY 2019 CDBG Consolidated/One Year Action Plan Amendment. H. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for September 8, 2021 - "Request for Extensions and/or Piggybacks." I. Proposed Resolution No. R21-110 -Approve minor changes to an agreement with The Florida International University Board of Trustees on behalf of its Metropolitan Center for the purpose of Economic Development Plan services. J. Approve minutes from the Special City Commission meeting on August 10, 2021 and regular City Commission meeting on August 17, 2021. 7. Consent Bids And Purchases Over$100,000 A. Proposed Resolution No. R21-111 -Approve and authorize the City Manager to sign a letter of Agreement (LOA) with the Agency for Health Care Administration (ANCA) for the State Fiscal Year 21-22 Public Emergency Medical Transportation - Managed Care Option Program. Page 5 of 973 B. Award task order F-16-2021 Utilities Equipment Canopies, based off Bid No. 018-2511-18/IT for Minor Construction Services, and authorize the City Manager to issue a Purchase Order to RPM Contractors, Inc. as the lowest responsive, responsible bidder in the not to exceed amount of $186,380.00. C. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for September 8, 2021 - "Request for Extensions and/or Piggybacks Over $100,000." D. Proposed Resolution No. R21-112- Authorize the City Manager to sign an Agreement utilizing the City of Bradenton, Florida RFQ #18-07 with Nue Urban Concepts LLC. for professional services for the implementation of a Complete Streets Mobility Plan with an estimated expenditure not to exceed $125,125. The City of Bradenton's procurement process satisfies the City's competitive bid requirements. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. City Manager's Report A. Update the City Commission on the Boynton Beach American Rescue Plan Act (ARPA) Community Engagement Plan by John Durgan, Economic Development Manger. B. Update on Election Polling Places for the March 2022 election. C. Development Department staff will provide a brief update to the City Commission on community outreach initiatives for Building Division services. D. Authorize the use of ARPA funds (up to $60,000) to partner with Pathways to Prosperity and the Center for Health Promotions, LLC to hold a vaccination event at the Ezell Hester Center on Saturday, September 18, 2021 in conjunction with the Boynton Beach Bulldogs Football event. 10. Unfinished Business A. Proposed Resolution No. R21-113 - Approve and authorize the Mayor to sign an Interlocal Agreement with the CRA for use of ARPA funds (up to $500,000) for participation in a public auction of 35 Cherry Hill lots owned by the Palm Beach County Housing Authority. B. Proposed Resolution No. R21-114 - Approve and authorize a second addendum to the Franchise Agreement with FLSC, LLC., for a textile recycling program and designate an allocation and use of funds policy for this contract. 11. New Business A. Proposed Resolution No. R21-115- Review, Select, Award and Authorize the City Manager to sign an agreement, subject to City Attorney approval, with the awarded University for the purpose of updating the geographic boundaries of City Commission Voting Districts in the City of Boynton Beach. B. Proposed Resolution No. R21-116- Approve the consolidation of the Planning and Zoning applications and incorporating a Developer's Agreement requirement. 12. Legal A. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: Page 6 of 973 RONALD RYAN, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a local municipality, Defendant — Palm Beach County Circuit Court Case Number: 502016C A007514-XXXX-M B B. Proposed Resolution No. R21-117- Approve requested modification to Development Order related to Riverwalk Plaza Project File MSMP 16-002 and subsequent amendments thereto. 13. Future Agenda Items A. Staff will prepare options for the Commission's consideration for handling Letter's of Intent on City owned properties- September 21, 2021 B. Staff report to the City Commission on use of ARPA funds for premium pay. - September 21, 2021. C. Discuss holding a Commission workshop in November 2021 to update the City Commission on public input and identified needs, and establish priorities for use of the ARPA funds. - September 21, 2021 D. PBC Supervisor of Elections Wendy Link to provide information on polling place safety precautions due to COVID-19 and the ballot format for the March 2022 election. - October 5, 2021 E. The PBC School District and the Education Foundation of PBC will provide an update to the City Commission on the Digital Inclusion Program - October 5, 2021. F. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections- October, 2021 G. Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - TBD H. Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question in August 2022 - TBD I. Discuss letter of intent from Alan Sperling, LLC to purchase Leisureville parcel - TBD 14. Adjournment Notice lfaperson decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting,He/She will need a record ofthe proceedings and,for such purpose,He/She may need to ensure that a verbatimrecord ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.(ES.286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service,program,or activity conducted by the city.Please contact the City Clerks office,(561)742- 6060 or(TTY)1-800-955-8771,at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication ofthe agenda on the city's web site.Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office ofthe City Clerk Page 7 of 973 1.A. Opening Items 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Call to Order- Mayor Steven B. Grant Roll Call Invocation by Pastor Duane Roberts, Calvary Chapel Pledge of Allegiance to the Flag led by Vice Mayor Hay Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 8 of 973 2.A. Other 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Informational items by the Members of the City Commission. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 9 of 973 2.B. Other 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Conduct a Public Hearing to adopt the Final Special Assessment Resolution for the FY 2021-2022 to fund the costs of annual canal aquatic maintenance services for the Lake Eden Four Canals and Lake Shore Haven Canal. Explanation of Request: On July 13, 2021, the City Commission adopted Resolution No. R21-077 to initiate the process for developing the Canal Maintenance Services Special Assessment Roll for all Assessed Properties that would receive Canal Maintenance Services located within the Lake Shore Haven and Lake Eden subdivisions of the City and directed the imposition of a Canal Maintenance Services Special Assessment for the Fiscal Year beginning October 1, 2021. On July 19, 2021 the Notice was included on the City website, Public Notices section. On July 29, 2021 the City had a Notice to Property Owner mailed to affected property owners by certified mail as required by statute. On August 19, 2021 a "Notice of Hearing to Impose and Provide for Collection of Canal Maintenance Services Special Assessment" was published in the Palm Beach Post. All notices provided the time, date and place of this Hearing that the Commission would consider the adoption of the Final Assessment Resolution. The proposed canal aquatic management special assessment will be levied on a limited number of waterfront properties that will receive special benefits from the canal aquatic management services to be provided by the City and funded by the special assessment. See attached map of properties along Lake Shore Haven & Lake Eden. For the initial year, the projected cost per linear footage of waterfront treated by site is as follows: Number of Waterfront Price per Administrative cost Canal Properties Linear lineal foot of yearly per each Footage canal treated property Lake Shore Haven 37 3,997 $ 0.50 $20.66 Lake Eden Four Canals 66 6,243 $1.054 $20.66 The administrative cost per property is the same for both canal sites. Due to the nature of the property boundaries on the northern-most canal (between Mission Hill Road and SW 33rd Place) the City found discrepancies in the previously calculated waterfront linear footage assessment for the seven (7) properties below: 1. 930 Mission Hill Road 2. 922 Mission Hill Road 3. 916 Mission Hill Road 4. 910 Mission Hill Road 5. 902 Mission Hill Road Page 10 of 973 6. 820 Mission Hill Road 7. 720 Mission Hill Road Additionally, all the calculations for the Lake Eden Four Canals were reviewed and an additional discrepancy was found for the property located at: 8. 932 SW 34th Avenue The revised spreadsheet with calculations for the Lake Eden Four Canals Assessment reflects a waterfront ownership decrease of 394 linear feet for the eight (8) properties at a cost difference of-$497.70. The assessment for the remaining waterfront properties at Lake Shore Haven and Lake Eden Four Canals remains unchanged. How will this affect city programs or services? The special assessment will address existing algae and aquatic weed overgrowth issues resulting in an improved level of service to the neighborhoods to reduce waterway clogging with vegetation and decaying algae and provide improved storm water drainage and vessel movement. Fiscal Impact: For the initial year the net Canal Maintenance Services Special Assessment for each site is: • Lake Shore Haven $2,756.40 • Lake Eden Four Canals $7,441.90 Alternatives: 1. Approve the proposed assessment. 2. Not proceed with the proposed special assessment to fund the costs of annual aquatic management for the private canals located within the Lake Shore Haven and Lake Eden subdivisions and continue the existing Stormwater Division maintenance operations to respond only to emergency relief in these neighborhoods. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 11 of 973 Type Description D Resolution Final Resolution D Location Map Map D Attachment Proof of Publication D Attachment Lake Eden our Canals Cals D Attachment Lake Shore Haven Cales Page 12 of 973 I RESOLUTION R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 RELATING TO THE PROVISION OF CANAL MAINTENANCE 5 SERVICES, IN THE CITY OF BOYNTON BEACH, FLORIDA; 6 APPROVING THE ASSESSED COSTS AND ASSESSMENT RATES FOR 7 CANAL MAINTENANCE SERVICES FOR THE FISCAL YEAR 8 BEGINNING ON OCTOBER 1, 2021; IMPOSING CANAL 9 MAINTENANCE SERVICES SPECIAL ASSESSMENTS AGAINST 10 ASSESSED PROPERTY LOCATED WITHIN THE CITY OF BOYNTON 11 BEACH FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2021; 12 PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; 13 AND PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, enacted 16 Ordinance No. 21-011, on April 20, 2021, which authorized the imposition of a Canal 17 Maintenance Services Special Assessment, pursuant to the procedures set forth therein ("the 18 Ordinance") for the provision of Canal Maintenance Services for properties that receive Canal 19 Maintenance Services within the City, and provided for findings of special benefit and the 20 method of apportionment of a Canal Maintenance Services Special Assessment; and, 21 WHEREAS, the imposition of Canal Maintenance Services Special Assessments for 22 Canal Maintenance Services for each Fiscal Year is an equitable and efficient method of 23 allocating and apportioning Canal Maintenance Services Assessed Costs among parcels of 24 Assessed Property; and, 25 WHEREAS, the City Commission desires to impose Canal Maintenance Services 26 Special Assessments within the City for the Fiscal Year beginning on October 1, 2021; and, 27 WHEREAS, the City Commission, on July 13, 2021, adopted Resolution No. 21-077 28 (the "Initial Assessment Resolution"), referencing the Canal Maintenance Services to be 29 provided to Assessed Property, describing the method of apportioning the Canal Maintenance {00463619.1 306-9905552} Page 13 of 973 30 Services Assessed Costs to compute the Canal Maintenance Services Special Assessments for 31 Canal Maintenance Services against Assessed Property, estimating a rates of assessment, and 32 directing the preparation of the Assessment Roll and provision of the notice to the affected 33 landowners; and, 34 WHEREAS, in order to impose the Canal Maintenance Services Special Assessment for 35 the initial year of the special assessment, the Fiscal Year beginning October 1, 2021, the 36 Ordinance requires the City Commission to adopt a Final Assessment Resolution during its 37 budget adoption process, which establishes the rate of assessment and approves the Assessment 38 Roll for the upcoming Fiscal Year, with such amendments as the City Commission deems 39 appropriate, after hearing comments and objections of all interested parties; and 40 WHEREAS, the updated Assessment Roll has heretofore been made available for 41 inspection by the public, as required by the Ordinance and the Initial Assessment Resolution; and 42 WHEREAS, notice of a public hearing has been published and mailed, which provided 43 notice to all interested persons of an opportunity to be heard. An affidavit regarding the notice of 44 mailing is attached hereto as Appendix "A" and the proof of publication is attached hereto as 45 Appendix "B"; and, 46 WHEREAS, the City received concerns on the proposed assessment for some properties, 47 and made corrections to the Assessment Roll in response to such; and, 48 WHEREAS, a public hearing was held on September 8, 2021, and comments and 49 objections of all interested parties have been heard and considered. 50 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 51 CITY OF BOYNTON BEACH, FLORIDA: t00463619.1 306-9905552) Page 2 of 9 Page 14 of 973 52 SECTION 1. The aforementioned "WHEREAS" clauses are hereby ratified as true and 53 correct and incorporated herein. 54 SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the provisions of 55 the Ordinance, the Initial Assessment Resolution, sections 166.021 and 166.041, Florida 56 Statutes, and other applicable provisions of law. 57 SECTION 3. DEFINITIONS AND INTERPRETATION. This Resolution constitutes 58 the Final Assessment Resolution as defined in the Ordinance. All capitalized terms in this 59 Resolution shall have the meanings defined in the Ordinance and the Initial Assessment 60 Resolution. 61 SECTION 4. IMPOSITION OF CANAL MAINTENANCE SERVICES SPECIAL 62 ASSESSMENT. 63 64 (A) The parcels of Assessed Property described in the Assessment Roll, as updated 65 and which is hereby approved, are hereby found to be specially benefitted by the provision of the 66 Canal Maintenance Services described in the Initial Assessment Resolution, in the amount of the 67 Canal Maintenance Services Special Assessments set forth in the Assessment Roll, as amended, 68 a copy of which was present or available for inspection at the above-referenced public hearing 69 and is incorporated herein by reference. It is hereby ascertained, determined, and declared that 70 each parcel of Assessed Property within the City will be specifically benefitted by the City's 71 provision of Canal Maintenance Services, facilities and programs in an amount not less than the 72 Canal Maintenance Services Special Assessments of such parcel, computed in the manner set 73 forth in the Initial Assessment Resolution, and as reflected in the amended Assessment Roll. 74 Adoption of this Final Assessment Resolution constitutes a legislative determination that all 75 assessed parcels derive a special benefit, as set forth in the Ordinance and the Initial Assessment t00463619.1 306-9905552) Page 3 of 9 Page 15 of 973 76 Resolution, from the Canal Maintenance Services to be provided, and a legislative determination 77 that the Canal Maintenance Services Special Assessments are fairly and reasonably apportioned 78 among the properties that receive the special benefit as set forth in the Initial Assessment 79 Resolution. 80 (B) The method of computing the Canal Maintenance Services Special Assessments 81 described in the Initial Assessment Resolution, as modified, amended, and supplemented herein, 82 is hereby approved. 83 (C) For the Fiscal Year beginning October 1, 2021, the estimated Canal Maintenance 84 Services Assessed Costs are as follows: 85 (1) Lake Shore Haven Canal. For the Lake Shore Haven Canal, including 86 Canal Maintenance Services and administrative costs allocated to the Properties in the 87 service area, to be assessed for the Fiscal Year commencing October 1, 2021, is 88 $2,756.40. The estimated Canal Maintenance Services Special Assessments to be 89 assessed and apportioned among benefitted parcels for the Lake Shore Haven Canal is 90 $0.50 per lineal foot, plus $20.66 per Property 91 (2) Lake Eden Four Canals. For the Lake Eden Four Canals, the estimated 92 Canal Maintenance Services Assessed Costs for the Lake Eden Four Canals, including 93 Canal Maintenance Services and administrative costs allocated to the Properties in the 94 service area, to be assessed for the Fiscal Year commencing October 1, 2021, is 95 $7,441.90. The estimated Canal Maintenance Services Special Assessments to be 96 assessed and apportioned among benefitted parcels for the Lake Eden Four Canals is 97 $1.054 per lineal foot, plus $20.66 per Property. t00463619.1 306-9905552) Page 4 Of 9 Page 16 of 973 98 These assessment rates are hereby approved. Except as otherwise provided herein, the Canal 99 Maintenance Services Special Assessments for Canal Maintenance Services in the amounts set 100 forth in the Assessment Roll, as amended and herein approved, are hereby levied and imposed on 101 all parcels of Assessed Property described in the Assessment Roll. 102 (D) The Canal Maintenance Services Special Assessments shall constitute a lien upon 103 the Assessed Property so assessed equal in rank and dignity with the liens of all state, county, 104 district or municipal taxes and other non-ad valorem Assessment. Except as otherwise provided 105 by law, such lien shall be superior in dignity to all other liens, titles, and claims, until paid. 106 (E) The Assessment Roll, as amended and as described herein, together with the 107 correction of any errors or omissions as provided for in the Ordinance, is approved. 108 (f) The Canal Services Special Assessments shall be collected as authorized in the 109 Initial Assessment Resolution through mailed invoices sent to the owners of real property on 110 which the Canal Maintenance Special Assessments are levied. 111 SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The 112 Initial Assessment Resolution adopted Julyl3, 2021, except as may be amended herein, is hereby 113 confirmed. 114 SECTION 6. EFFECT ON ADOPTION OF RESOLUTION. The adoption of this 115 Final Assessment Resolution shall be the final adjudication of the issues presented (including, 116 but not limited to, the determination of special benefit and fair apportionment to the Assessed 117 Property, the method of apportionment and assessments, the rate of assessments, the Assessment 118 Roll and the levy and lien of the Canal Maintenance Services Special Assessments), unless 119 proper steps shall be initiated in a court of competent jurisdiction to secure relief within twenty 120 (20) calendar days from the date of this Final Assessment Resolution. t00463619.1 306-9905552) Page 5 of 9 Page 17 of 973 121 SECTION 7. SEVERABILITY. If any clause, section or other part of this Resolution 122 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such 123 unconstitutional or invalid part shall be considered as eliminated and in no way affecting the 124 validity of the other provisions of this Resolution. 125 SECTION 8. CONFLICTS. That all prior Resolutions or parts of resolutions in conflict 126 herewith, are hereby repealed to the extent of such conflict. 127 SECTION 9. EFFECTIVE DATE. This Final Assessment Resolution shall take effect 128 immediately upon its passage and adoption. 129 PASSED AND ADOPTED this 8th day of September, 2021. 130 CITY OF BOYNTON BEACH, FLORIDA 131 YES NO 132 133 Mayor— Steven B. Grant 134 135 Vice Mayor—Woodrow L. Hay 136 137 Commissioner—Justin Katz 138 139 Commissioner—Christina L. Romelus 140 141 Commissioner—Ty Penserga 142 143 VOTE 144 ATTEST: 145 146 147 Crystal Gibson, MMC 148 City Clerk 149 150 151 (Corporate Seal) 152 153 154 t00463619.1 306-9905552) Page 6 Of 9 Page 18 of 973 APPENDIX A AFFIDAVIT OF MAILING {00463619.1 306-9905552} Page 19 of 973 AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Crystal Gibson, who, after being duly sworn,deposes and says: 1. 1, Crystal Gibson, as City Clerk of the City of Boynton Beach,Florida("City"),pursuant to the authority and direction received from the City Commission,timely directed the preparation of the Assessment Roll and the preparation and mailing of notices in accordance with the Canal Maintenance Services Special Assessment Ordinance in conformance with the Initial Assessment Resolution adopted by the City Commission on Julyl3, 2021 (the "Initial Assessment Resolution"). The Initial Assessment Resolution directed and authorized notice by U.S.Postal Certified Mail to all affected owners pursuant to the Ordinance. FURTHER AFFIANT SAYETH NOT. Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of , 2021 by Crystal Gibson, City Clerk, City of Boynton Beach, Florida. She is personally known to me or has produced as identification and did take an oath. Printed Name: Notary Public, State of Florida My Commission Expires: Commission No.: t00463619.1 306-9905552} Page 20 of 973 APPENDIX B PROOF OF PUBLICATION {00463619.1 306-9905552} Page 21 of 973 `, .. 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The hearing will be held at 5:30 p.m.,on September 8,2021,in City of Boynton Beach Commission Chambers, 100 East Ocean Avenue, City of Boynton Beach, Florida, 33435 for the purpose of receiving public comment on the proposed assessments.All affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act,persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Clerk of the City at (561) 530-5880, at least seven days prior to the date of the hearing. The assessment for each parcel that receives Canal Maintenance Services from the City will be based upon the total lineal foot along a canal receiving Canal Maintenance Services from the City, plus administrative costs associated with the assessment on a per Property basis. The annual assessment for the Lake Shore Haven Canal is$0.50 per lineal foot for canal maintenance costs, plus$20.66 per Property for administrative costs. The annual assessment for the Lake Eden Four Canals is $1.05 per lineal foot, plus $20.66 per Property for administrative costs. Copies of the Assessment Ordinance, the Initial Assessment Resolution and the Canal Maintenance Services Special Assessment Roll are available for inspection at the City Clerk's Office, Boynton Beach City Hall, 100 East Ocean Avenue, Boynton Beach, Florida,33435. The assessments will be collected by the City. Failure to pay the assessments may cause a lien to be recorded against the property, which may result in a loss of title. If you have any questions, please contact the Utility Department at (561) 742-6400, Monday through Friday between 8:00 a.m. and 5:00 P.M. Page 23 of 973 CITY CLERK CITY OF BOYNTON BEACH. w�009�a -0 I -Utility Department Private nal-Aquatic Maintenance Lake r, Eden Er Canals 16-Aug-21 No. PCN Property Owner Address Linear Revised Yearly Revised Footage Footage Cost Yearly Cost Canal north of 33rd Place 1 08434605010100010 Hutton Jerry R 936 Mission Hill RD 84 98 $� �1n09".n14 2 08434605010100020 Hogan Brian&Compton Angela M 930 Mission Hill RD 88 71 � 104 93 $ 95.45 3 08434605010100030 Delray Investment Group LLC 922 Mission Hill RD 88 0 fi n"na' O.O0 4 08434605010100040 Buehman Joan 916 Mission Hill RD 88 0 fin"na' 0.00 5 08434605010100050 Hoofnagle Brian&Rodger 910 Mission Hill RD 88 0 fin"na' 0.00 6 08434605010100060 Hoofnagle Brian 902 Mission Hill RD 88 29 $-nn""Qn-3' $ 51.21 7 08434605010100070 Kinsloe Kevin T 820 Mission Hill RD 88 0a 0.00 8 08434605010100080 Yonke Wayne C 814 Mission Hill RD 80 100 $ 104.93 9 08434605010100090 Gallagher Lee A 808 Mission Hill RD 85 100 $ 110.19 10 08434605010100100 Kaye Brett 720 Mission Hill RD 48& 100 $ 131.26 $ 125.99 11 08434605010100110 Cameron Byron 712 Mission Hill RD 75 No change $ 99.66 12 08434605060000012 Garolsky Jessica&Greenberg Yaad 701 SW 33RD PL 18 No change $ 39.62 13 08434605060000022 Mileto Edward Jr&Aitchison Sarah G 751 SW 33RD PL 100 No change $ 125.99 14 08434605060000032 Dunn Richard S&Dunn Irene H 801 SW 33RD PL 100 No changel $ 125.99 15 08434605060000041 Hendricks James P&Hendricks Michelle M 821 SW 33RD PL 100 No change $ 125.99 16 08434605060000051 Gerleman Axel&Gerleman Gustaf 831 SW 33RD PL 100 No change $ 125.99 17 08434605060000060 Cook David W&Cook Renee 901 SW 33RD PL 100 No change $ 125.99 18 08434605060000070 Wilsher William F&Wilsher Kathy H 921 SW 33RD PL 100 No change $ 125.99 19 08434605060000080 Borlie Ruth H 931 SW 33RD PL 100 No change $ 125.99 20 08434605060000092 Sikorcin Ramona A,Ramona A Sikorcin Tr Titl 941 SW 33RD PL 161 No change $ 190.25 Hldr,Sikorcin Ramona A Tr Canal north of 34th Ave. 21 08434605060000100 Cralle Raymond 942 SW 33RD PL 83 No change $ 108.09 22 08434605060000110 Goldman Caitlin M 932 SW 33RD PL 105 No change $ 131.26 Bernstein Verne Est Trust&Bernstein Richard 23 08434605060000120 922 SW 33RD PL 100 No change $ 125.99 S Tr 24 08434605060000130 Finn John F,Finn Kimberly M&Finn Michael A 902 SW 33RD PL 100 No change $ 125.99 Grasso Julie L Grasso Michael B&Grasso Julie 25 08434605060000140 L Tr Grasso Michael B Tr Michael B Grasso Et Al 832 SW 33RD PL 100 No change $ 125.99 Tr Titl HIdrs 26 08434605060000150 Walter Jerilyn&Dubartell Thomas 822 SW 33RD PL 100 No change $ 125.99 27 08434605060000160 Yarbrough Dennis 802 SW 33RD PL 100 No change $ 125.99 28 08434605060000170 Martin Cory&Martin Erin 752 SW 33RD PL 100 No change $ 125.99 29 08434605060000180 702SW33 Boynton LLC. 702 SW 33RD PL 25 No change $ 46.99 30 08434605060000190 Piercey Lynn A 701 SW 34TH AVE 25 No change $ 46.99 31 08434605060000200 Holdren Carol A Carol A Holdren Tr Titl Hldr 751 SW 34TH AVE 100 No change $ 125.99 Holdren Carol A Tr 32 08434605060000210 Zloczover Virginia T 801 SW 34TH AVE 100 No change $ 125.99 33 08434605060000220 Luckman Eric H&Luckman Joanne K 821 SW 34TH AVE 100 No change $ 125.99 34 08434605060000230 Rezakhani Saleh 831 SW 34TH AVE 100 No change $ 125.99 35 08434605060000240 Rynd Alan S 901 SW 34TH AVE 100 No change $ 125.99 36 08434605060000250 Catronio Brock&Catronio Ashley S 921 SW 34TH AVE 100 No change $ 125.99 37 08434605060000260 Aronson Michael J 931 SW 34TH AVE 188 No changel $ 218.69 Page 24 of 973 Canal north of 35th Ave. 38 08434605060000270 Willens Mark A&Willens Wendy R 932 SW 34TH AVE 383 100 x- 5.47 $ 125.99 39 08434605060000280 Steffes John&Steffes Marie 922 SW 34TH AVE 100 No change $ 125.99 40 08434605060000290 Mickelsen Robert&Mickelsen Pauline 902 SW 34TH AVE 100 No change $ 125.99 41 08434605060000300 Goldman Isaiah 832 SW 34TH AVE 100 No change $ 125.99 Arscott Carolyn Arscott Jeffrey&Arscott 42 08434605060000310 Carolyn Tr Arscott Jeffrey Tr Jeffrey Arscott Et 822 SW 34TH AVE 100 No change $ 125.99 Al Tr Titl Hldrs 43 08434605060000320 Kerl Douglas S&Kerl Kristen T 802 SW 34TH AVE 100 No change $ 125.99 44 08434605060000330 Marshall Jayna&Marshall Robert 752 SW 34TH AVE 100 No change $ 125.99 45 08434605060000340 Steiger Ted&Markee April 702 SW 34TH AVE 20 48 $ 41.73 46 08434605060000350 Daly Brandon A 701 SW 35TH AVE 20 No change $ 41.73 47 08434605060000360 Lowe Benno P Ii 751 SW 35TH AVE 100 No change $ 125.99 48 08434605060000370 Bernet Price M 801 SW 35TH AVE 100 No change $ 125.99 49 08434605060000380 Darsch Joseph F&Darsch Diane B 821 SW 35TH AVE 100 No change $ 125.99 50 08434605060000390 Slade Kenneth A&Slade Deborah A 831 SW 35TH AVE 100 No change $ 125.99 Kostantinidis Jessica H&Kostantinidis Andrew 51 08434605060000400 A 901 SW 35TH AVE 100 No change $ 125.99 52 08434605060000410 Flack Charles E&Flack Allison Sue 921 SW 35TH AVE 209 No changel $ 240.81 Canal north of 36th Ave. 53 08434605060000420 Dunton Bradley J&Dunton Lynne V 922 SW 35TH AVE 145 No change $ 173.39 54 08434605060000430 Urquhart A Bruce&Urquhart Sabine S 902 SW 35TH AVE 100 No change $ 125.99 55 08434605060000440 Von Keil Patricia A 832 SW 35TH AVE 100 No change $ 125.99 56 08434605060000450 Sachel Marilyn Marilyn Sachel Tr Titl Hldr 822 SW 35TH AVE 100 No change $ 125.99 Sachel Marilyn Tr 57 08434605060000460 Sadler William TJr&Sadler Debinique T 802 SW 35TH AVE 100 No change $ 125.99 58 08434605060000470 Broring Eduardo 752 SW 35TH AVE 100 No change $ 125.99 59 08434605060000480 Korpeck Chad&Korpeck Jaclyn 702 SW 35TH AVE 30 No change $ 52.26 60 08434605060000490 Baraldi Luis F&Baraldi Alina 701 SW 36TH AVE 70 No change $ 94.39 61 08434605060000500 Pollich Gary&Pollich Maryann 751 SW 36TH AVE 100 No change $ 125.99 62 08434605060000510 Cesarone Donald&Cesarone Lauren 801 SW 36TH AVE 100 No change $ 125.99 Warren Joann Warren Mark G&Mark Warren 63 08434605060000520 821 SW 36TH AVE 100 No change $ 125.99 Tr Titl Hldr Warren Mark G Tr 64 08434605060000530 Mckenna Patricia A Mckenna Patricia A Tr 831 SW 36TH AVE 100 No change $ 125.99 Patricia Mckenna Tr Titl Hldr 65 08434605060000540 Cook Ross L&Cook Susan T 901 SW 36TH AVE 137 No change $ 164.97 Brand Jeffrey S&Brand Jennifer L Brand 66 08434605060000550 Jeffrey S Tr Brand Jennifer L Tr Jeffrey S Brand 921 SW 36TH AVE 89 No change $ 114.41 Et Al Tr Titl Hldrs South side of canal Total 6243 -394 $ 7,939.6 $ Price per linear foot of canal treated$1.054 Revised Total $7,441.90 Administrative cost of$20.66/yearly per each property Page 25 of 973 CITY OF BOYNTONCUtility Department Private Canal d Aquatic Maintenance Lake Share Haven Canal X 16-Aug-21 No. PCN Property Owner Address Linear Yearly Footage Cost 1 08434605070020010 Vismor Dan Charlaes&Jacqueline Ruth 3724 DIANE DR 154.0 $ 97.41 Digregorio John J Jr&Rosenberg 2 08434605070020020 3718 DIANE DR 94.0 $ 67.51 Stephen G 3 08434605070020030 Bolt Charles M 3712 DIANE DR 94.0 $ 67.51 4 08434605070020040 Sergio Mark 3708 DIANE DR 94.0 $ 67.51 5 08434605070020050 Gomez Fernando&Judith 3704 DIANE DR 94.0 $ 67.51 6 08434605070020060 Mackey Frederick H&Nancy S 3624 DIANE DR 94.0 $ 67.51 7 08434605070020070 Hager Anita B&James H 3618 DIANE DR 94.0 $ 67.51 8 08434605070020080 Smith Bryant& Hirsch Jorge&Veronica 3612 DIANE DR 94.0 $ 67.51 9 08434605070020090 Whetstone Harold O&Laurie L 3608 DIANE DR 94.0 $ 67.51 10 08434605070020100 Foelster Michael S&Lopera Jessica 3604 DIANE DR 94.0 $ 67.51 11 08434605070020110 Shortley Elizabeth F&William F III 3524 DIANE DR 94.0 $ 67.51 12 08434605070020120 Hirsch Jorge E& Edit A 3518 DIANE DR 94.0 $ 67.51 13 08434605070020130 Condry Helen 3512 DIANE DR 94.0 $ 67.51 14 08434605070020140 Barbalaco Annunziata&Giuseppe& 3508 DIANE DR 94.0 $ 67.51 Fishman Gary L&Linda R, Fisherman 15 08434605070020150 Gary L,Fisherman Linda R TR,Gary L 3504 DIANE DR 94.0 $ 67.51 16 08434605070020160 Seversen Shannen M 3424 DIANE DR 94.0 $ 67.51 17 08434605070020170 Weiser Mcveigh Elissa R 3418 DIANE DR 94.0 $ 67.51 18 08434605070020180 Herrero Carlos E&Sarah B 3412 DIANE DR 94.0 $ 67.51 19 08434605070020190 Blais Stefanie 3408 DIANE DR 94.0 $ 67.51 Green Adam&Green Carole&Green 20 08434605070020200 3402 DIANE DR 152.5 $ 96.66 Richard 21 08434605040030010 Lago Bridget&Christopher& 3405 S LAKE DR 78.4 $ 59.73 22 08434605040030020 Sussman Bryan S&Tracy L 3415 S LAKE DR 120.0 $ 80.46 23 08434605040030030 Cunningham Linda A&William A Jr& 3425 S LAKE DR 120.0 $ 80.46 24 08434605040030040 De Fabrique Janick&Jean P 3505 S LAKE DR 120.0 $ 80.46 25 08434605040030050 Ackerman Christopher&Cristina 3515 S LAKE DR 120.0 $ 80.46 26 08434605040030060 Henry Kerry Nicola&Stephen Wayne 3525 S LAKE DR 120.0 $ 80.46 27 08434605040030070 Dunnavan Charles C 3535 S LAKE DR 120.0 $ 80.46 28 08434605040030080 Petronelli Danna T 3545 S LAKE DR 120.0 $ 80.46 29 08434605040030090 James Ciara C&Kevin K& 3555 S LAKE DR 120.0 $ 80.46 30 08434605040030100 Chinn Stacey R&Grant Michael L 3565 S LAKE DR 120.0 $ 80.46 31 08434605040030110 Hendrickson Joyce 3605 S LAKE DR 120.0 $ 80.46 32 08434605040030120 Beidleman Mark 3615 S LAKE DR 120.0 $ 80.46 33 08434605040030130 Philosophos Jason A&Kandace K 3625 S LAKE DR 120.0 $ 80.46 34 08434605040030140 Marlo Lesley 3705 S LAKE DR 120.0 $ 80.46 35 08434605040030150 Main Baillie Greg&Maria C 3715 S LAKE DR 120.0 $ 80.46 36 08434605040030160 White Joplin Myrna 3725 S LAKE DR 120.0 $ 80.46 37 08434605040030170 jPeterson Cammie D&Eric D 3735 S LAKE DR 120.0 $ 80.46 East side of canal Total 3996.9 $ 2,756.4 Price per linear foot of canal treated$0.50 Administrative cost of$20.66/year per each property Page 26 of 973 2.C. Other 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2021-2022 Fire Assessment. Explanation of Request: On July 13, 2021, the City Commission adopted Resolution No. R21-076 to continue the Fire Assessment Program for FY 2021-2022. On August 18, 2021, the City published a "Notice of Hearing to Impose and Provide for Collection of Fire Rescue Special Assessments" in the Palm Beach Post. In addition, the City had a statutorily required Notice to Property Owner mailed to affected property owners by first class mail and the Palm Beach County Property Appraiser's Office mailed TRIM notices informing all property owners of the assessment via their proposed property tax bill. All notices provided the time, date and place of this Hearing and notice that the Commission would consider the adoption of the Final Assessment Resolution. The proposed Assessment for residential property owners is $120.00 annually per dwelling unit. This remains unchanged from the previous year. The City Commission recognizes that the Assessment may create a hardship on certain residential property owners in the City. Therefore, the Final Rate Resolution allows property owners to request H.E.L.P. (Hardship Extension Loan Program)for a total or partial waiver through an application review process. A copy of the application and criteria is attached. Notice of the Hardship Extension Loan Program (H.E.L.P.) will also be available on the City's website once approved by the Commission. I n addition, the Resolution provides for a Mobile Home Park Vacancy Adjustment whereby an adjustment is made if there is an absence of structures on unoccupied spaces within a Mobile Home Park as compared to other residential properties. How will this affect city programs or services? The Fire Assessment provides only partial funding to the total Fire Department in order to maintain its excellent response time. It does not provide funding for EMS services. Only Fire Rescue services are allowed under Florida Statutes. Fiscal Impact: For Fiscal Year 2021-22, the estimated gross Fire Rescue Assessed cost is $8,242,487 reduced to a net realized assessment of$7,175,936 after excluding tax exempt properties. The net realized Fire Assessment of$8,242,487 would equal an increase to the ad valorem property tax rate of 1.4600 mils to raise the same amount of revenue for Fire Rescue services. The Fire Rescue Assessments to be assessed and apportioned among benefitted property parcels is as follows: Proposed FY 21/22: Property Use Category Rate Per Dwelling Page 27 of 973 Unit Residential $120.00 Non-Residential Property Use Rate Per Square Foot Categories (*) Commercial $0.27 1 ndustrial/Warehouse $0.06 I nstitutional $0.30 Nursing Home $0.30 (*)There is a maximum of 77,001 square foot cap on non-residential buildings. Current FY 19/20: Property Use Category Rate Per Dwelling Unit Residential $120.00 Non-Residential Property Use Rate Per Square Foot Categories (*) Commercial $0.27 1 ndustrial/Warehouse $0.06 I nstitutional $0.30 Nursing Home $0.30 (*)There is a maximum of 77,001 square foot cap on non-residential buildings. The above rates for FY 21/22 only assess approximately 59% of the eligible Fire Rescue costs after excluding EMS costs of the Fire Department. If they were assessed at 100% of the eligible costs, the rates would be $202.00 per dwelling unit and approximately twice the square footage rates for commercial property. Alternatives: 1. Approve the proposed assessment levels ($120.00 per dwelling unit, etc.) 2. Approve an alternate assessment level with proportional adjustments to the Fire Department non-EMS budget (the assessment rates may be lowed, but not increased, from the proposed rates). 3. Not approve the Fire Assessment with proportional consequences to above Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 28 of 973 Type Description D Resolution Resolution adopting Final Fire Assessment for FY 21/22 D Attachment Hardship Application D Attachment Proof of Publication D Attachment Aff ida\At of Mailing Page 29 of 973 1 2 3 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 10 11 12 ANNUAL FIRE RESCUE ASSESSMENT RESOLUTION 13 14 15 16 17 18 ADOPTED SEPTEMBER 8, 2021 19 20 21 100463013.1 306-00053701 Page 30 of 973 22 RESOLUTION NO. R21- 23 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 24 RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, 25 FACILITIES, AND PROGRAMS IN THE CITY OF BOYNTON BEACH, 26 FLORIDA; IMPOSING FIRE RESCUE ASSESSMENTS AGAINST 27 ASSESSED PROPERTY LOCATED WITHIN THE CITY FOR THE 28 FISCAL YEAR BEGINNING OCTOBER 1, 2021; APPROVING THE RATE 29 OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; 30 CONFIRMING AND CONTINUING A PROCEDURE FOR HARDSHIP 31 WAIVERS OR DEFERRALS OF ALL OR PART OF THE CITY'S FIRE 32 RESCUE SPECIAL ASSESSMENT INCLUDING APPLICATION AND 33 REVIEW BY THE CITY'S FINANCE DIRECTOR OR DESIGNEE, AND 34 ELIGIBILITY CRITERIA FOR SUCH WAIVERS; PROVIDING FOR 35 CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN 36 EFFECTIVE DATE. 37 38 WHEREAS, the City Commission of Boynton Beach, Florida (the "City Commission"), 39 has enacted Ordinance No. 08-017 (the "Ordinance"), which authorizes the imposition of Fire 40 Rescue Assessments each Fiscal Year for the fire rescue services, facilities, and programs against 41 Assessed Property located within the City; and 42 WHEREAS,the imposition of a Fire Rescue Assessment for fire rescue services,facilities, 43 and programs each fiscal year is an equitable and efficient method of allocating and apportioning 44 the Fire Rescue Assessed Cost among parcels of Assessed Property; and 45 WHEREAS,the City Commission desires to continue a Fire Rescue Assessment program 46 and impose a Fire Rescue Assessment in the City using the procedures provided by the Ordinance, 47 including the tax bill collection method, for the Fiscal Year beginning on October 1, 2021; and 48 WHEREAS,the City Commission, on July 1, 2008, adopted Resolution No. R08-067 (the 49 "Initial Assessment Resolution"); and 50 WHEREAS, the City Commission adopted Resolution No. R21-076 (the "Preliminary 51 Assessment Resolution") on July 13, 2021, which set forth the preliminary assessment rates for 52 Fiscal Year 2021-22, and which contains and references a brief and general description of the fire 100463013.1 306-00053701 Page 31 of 973 53 rescue services, facilities, and programs to be provided to Assessed Property; describes the method 54 of apportioning the Fire Rescue Assessed Cost to compute the Fire Rescue Assessment for fire 55 rescue services, facilities, and programs against Assessed Property; confirmed the rates of 56 assessment; and directs the updating and preparation of the Assessment Roll and provision of the 57 notice required by the Ordinance; and 58 WHEREAS, in order to impose Fire Rescue Assessments for the Fiscal Year beginning 59 October 1, 2021,the Ordinance requires the City Commission to adopt an Annual Rate Assessment 60 Resolution, which confirms and establishes the rates of assessment, and approves the Assessment 61 Roll for the upcoming Fiscal Year, with such amendments as the City Commission deems 62 appropriate, after hearing comments and objections of all interested parties; and 63 WHEREAS, the Assessment Roll has heretofore been made available for inspection by 64 the public, as required by the Ordinance; and 65 WHEREAS, notice of a public hearing has been published and mailed, as required by the 66 terms of the Ordinance. An Affidavit of Mailing is attached hereto as Appendix A and the Proof 67 of Publication is attached hereto as Appendix B; and 68 WHEREAS, the City Commission recognizes that the special assessment may work a 69 hardship on certain residential property owners in the City, and desires to continue to provide a 70 means whereby affected property owners may request a total or partial waiver of the special 71 assessment for hardship; and 72 WHEREAS, a public hearing was held on September 8, 2021, and comments and 73 objections of all interested persons have been heard and considered as required by the terms of the 74 Ordinance. 75 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 76 CITY OF BOYNTON BEACH, FLORIDA THAT: 100463013.1 306-00053701 Page 32 of 973 77 78 SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance No. 08- 79 017; Resolution No. R08-076; Resolution No. R21-076; Article VIII, Section 2, Florida 80 Constitution; Sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of 81 law. 82 SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes 83 the Annual Rate Resolution as defined in the Ordinance. All capitalized words and terms not 84 otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial Assessment 85 Resolution and the Preliminary Assessment Resolution. 86 SECTION 3. IMPOSITION OF FIRE RESCUE ASSESSMENTS. 87 (A) The parcels of Assessed Property described in the Assessment Roll,which is hereby 88 approved, are hereby found to be specially benefited by the provision of the fire rescue services, 89 facilities, and programs described or referenced in the Preliminary Assessment Resolution, in the 90 amount of the Fire Rescue Assessment set forth in the Assessment Roll,a copy of which was present 91 or available for inspection at the above referenced public hearing and is incorporated herein by 92 reference. It is hereby ascertained, determined, and declared that each parcel of Assessed Property 93 within the City will be specially benefited by the City's provision of fire rescue services, facilities, 94 and programs in an amount not less than the Fire Rescue Assessment for such parcel, computed in 95 the manner set forth in the Preliminary Assessment Resolution. Adoption of this Annual Rate 96 Resolution constitutes a legislative determination that all parcels assessed derive a special benefit 97 in a manner consistent with the legislative declarations, determinations and findings as set forth in 98 the Ordinance, the Preliminary Assessment Resolution, and this Annual Rate Resolution from the 99 fire rescue services, facilities, or programs to be provided and a legislative determination that the 100463013.1 306-00053701 Page 33 of 973 100 Fire Rescue Assessments are fairly and reasonably apportioned among the properties that receive 101 the special benefit as set forth in the Preliminary Assessment Resolution. 102 (B) The method for computing Fire Rescue Assessments described and referenced in 103 the Preliminary Assessment Resolution is hereby approved. The Parcel Apportionment 104 methodology described in Appendix F of the Preliminary Assessment Resolution, and adopted in 105 Section 7 of the Preliminary Assessment Resolution, is hereby approved. 106 (C) For the Fiscal Year beginning October 1, 2021, the estimated net Fire Rescue 107 Assessed Cost to be assessed is $8,242,487.00. The Fire Rescue Assessments to be assessed and 108 apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel 109 Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year 110 commencing October 1, 2021, are hereby confirmed and established as follows: Property Use Category Rate Per Dwelling Unit Residential $120.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.27 Industrial/warehouse $0.06 Institutional $0.30 Nursing Home $0.30 111 112 (D) The above rates of assessment are hereby approved. Fire Rescue Assessments for 113 fire rescue services, facilities, and programs in the amounts set forth in the Assessment Roll, as 114 herein approved, are hereby levied and imposed on all parcels of Assessed Property described in 115 such Assessment Roll for the Fiscal Year beginning October 1, 2021. 116 (E) As authorized in Section 2.14 of the Ordinance, no Fire Rescue Assessment shall 117 be imposed upon a parcel of Government Property, except as provided in the Preliminary 118 Assessment Resolution, or upon Institutional Use buildings on a parcel of Institutional Property 119 whose building use is wholly exempt from taxation under Florida law. 100463013.1 306-00053701 Page 34 of 973 120 (F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any 121 reduction or exemption from payment of the Fire Rescue Assessments required by law or authorized 122 by the City Commission shall be supplemented by any legally available funds, or combination of 123 such funds, and shall not be paid for by proceeds or funds derived from the Fire Rescue 124 Assessments. 125 (G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue Assessments 126 are also levied and imposed against all property for which a Building Permit is issued after adoption 127 of this Annual Rate Resolution based upon the rates of assessment approved herein. 128 (H) Fire Rescue Assessments shall constitute a lien upon the Assessed Property so 129 assessed equal in rank and dignity with the liens of all state, county, district, or municipal taxes and 130 other non-ad valorem assessments. Except as otherwise provided by law,such lien shall be superior 131 in dignity to all other liens, titles and claims, until paid. 132 (1) The Assessment Roll, as herein approved, shall be delivered to the Tax Collector 133 for collection using the tax bill collection method in the manner prescribed by the Ordinance. The 134 Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non- 135 Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix C. 136 (J) No Emergency Medical Services shall be funded from the Fire Rescue Assessment 137 revenues. 138 SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT 139 RESOLUTION. The Preliminary Assessment Resolution, as may be amended herein, is hereby 140 confirmed. 141 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this 142 Annual Rate Resolution shall be the final adjudication of the issues presented (including, but not 100463013.1 306-00053701 Page 35 of 973 143 limited to,the determination of special benefit and fair apportionment to the Assessed Property,the 144 method of apportionment and assessment,the rate of assessment, the Assessment Roll and the levy 145 and lien of the Fire Rescue Assessments), unless proper steps shall be initiated in a court of 146 competent jurisdiction to secure relief within 20 days from the date of this Annual Rate Resolution. 147 SECTION 6. HARDSHIP WAIVERS OR DEFERRALS. 148 (A) The City Commission of the City of Boynton Beach, Florida hereby continues its 149 program for qualified individuals who need financial assistance to pay all or part of the Fire Rescue 150 Assessment levied on their property or who seek deferral of payment of all or part of the Fire Rescue 151 Assessment on their property. 152 (B) The City's program for financial assistance shall be commonly referred to as 153 H.E.L.P., Hardship Extension Loan Program. The following types of financial assistance are 154 available, based upon need: 155 1. Relief from all payments of an annual Fire Rescue Assessment. 156 2. Relief from a portion of payments of an annual Fire Rescue Assessment. 157 158 3. Deferral of payments of an annual Fire Rescue Assessment. 159 4. Deferral of a portion of payments of an annual Fire Rescue Assessment. 160 161 (C) The following individuals are eligible for financial assistance. 162 1. Residential Property Owners who meet 2021 HHS Poverty Guidelines. 163 164 2. Residential property owners that are exempt from ad valorem taxation 165 pursuant to the following Florida Statutes are eligible to apply for a 166 Hardship Waiver or Deferral: 167 168 a. Section 196.081, Florida Statutes (totally disabled veterans and 169 surviving spouses of veterans); 170 171 b. Section 196.081, Florida Statutes (surviving spouses of first 172 responders who died in the line of duty); 100463013.1 306-00053701 Page 36 of 973 173 C. Section 196.091, Florida Statutes (disabled veterans confined to 174 wheelchairs); 175 176 d. Section 196.101, Florida Statutes (totally and permanently disabled 177 persons); 178 179 e. Section 196.102, Florida Statutes (totally and permanently disabled 180 first responders). 181 182 3. Residential Property Owners that qualify for the additional homestead 183 exemption for persons 65 and over authorized pursuant to Section 196.075, 184 Florida Statutes are also eligible to apply for the Hardship Waiver. 185 186 4. Residential Property Owners that are qualified under the Florida Homestead 187 Property Tax Deferral Act, Section 197.242, et al., Florida Statutes. 188 189 (D) Eligible Residential Property Owners may submit an application for a Hardship 190 Waiver or Deferral, on a form prepared by the City,with the Finance Department. The Application 191 shall include the following: 192 1. Documentation demonstrating eligibility for the Hardship Waiver or 193 Deferral through one of the criteria from exemptions listed in Section C 194 above; 195 196 2. A copy of the Tax Bill for the subject property; 197 3. Description of the facts and circumstances of the hardship. 198 (E) All Applications for the Hardship Waiver or Deferral must be received by the City's 199 Finance Department on or before October 18, 2021. 200 (F) Once received, all applications shall be reviewed by the City's Finance Director, or 201 his or her designee ("Reviewing Official"). The Reviewing Official shall review the facts and 202 circumstances to determine whether a hardship exists to warrant a partial or total waiver of the 203 special assessment levied upon the applicant's real property or a deferral of payment of such. The 204 decision of the Reviewing Official is final. 100463013.1 306-00053701 Page 37 of 973 205 (G) The Reviewing Official shall render a written decision and provide such to the 206 applicant. 207 (H) If a partial or total waiver or deferral is granted by the Reviewing Official, the 208 Finance Director shall ensure appropriate documentation is provided to the Tax Collector as to the 209 revised amount of the assessment as to the applicant. 210 (I) An applicant may apply for a Hardship Waiver as to one property only. 211 (J) An applicant must apply for the Hardship Waiver on an annual basis. 212 (K) A deferral may be granted for no longer than the end of the then current fiscal year. 213 (L) When financial assistance is granted pursuant to the H.E.L.P.program, any shortfall 214 in the expected Fire Rescue Assessment proceeds due to any reduction or exemption from payment 215 of the Fire Rescue Assessments authorized by this Section shall be supplemented by any legally 216 available funds,or combination of such funds,and shall not be paid for by proceeds or funds derived 217 from the Fire Rescue Assessments. 218 SECTION 7. MOBILE HOME VACANCY ADJUSTMENT. As authorized in 219 Section 5(L)of the Preliminary Rate Resolution,there shall be a Mobile Home Vacancy Adjustment 220 procedure for Mobile Home and Recreational Vehicle Park Property, using the procedures 221 established in Resolution R11-089. Any shortfall in the expected Fire Rescue Assessment proceeds 222 due to any adjustment for vacancy shall be supplemented by any legally available funds and shall 223 not be paid for by proceeds or funds derived from Fire Rescue Assessments. Failure of the Owner 224 to timely provide the information to the City will result in no Vacancy Adjustment for the special 225 assessment. 226 SECTION 8. CONFLICTS. All resolutions or parts of resolutions in conflict herewith 227 are hereby repealed to the extent of such conflict. 100463013.1 306-00053701 Page 38 of 973 228 SECTION 9. SEVERABILITY. If any clause, section, other part or application of this 229 resolution is held by any Court of competent jurisdiction to be unconstitutional or invalid, in part 230 or application, it shall not affect the validity of the remaining portions or applications of this 231 Resolution. 232 SECTION 10.EFFECTIVE DATE. This Resolution shall become effective immediately 233 upon its passage and adoption. 234 PASSED AND ADOPTED this 8th day of September, 2021. 235 236 237 CITY OF BOYNTON BEACH, FLORIDA 238 YES NO 239 Mayor— Steven B. Grant 240 241 Vice Mayor—Woodrow L. Hay 242 243 Commissioner—Justin Katz 244 245 Commissioner— Christina L. Romelus 246 247 Commissioner— Ty Penserga 248 249 VOTE 250 ATTEST: 251 252 253 Crystal Gibson, MMC 254 City Clerk 255 256 257 (Corporate Seal) 258 259 260 100463013.1 306-00053701 Page 39 of 973 APPENDIX A AFFIDAVIT OF MAILING 100463013.1 306-00053701 Page 40 of 973 APPENDIX B PROOF OF PUBLICATION 100463013.1 306-00053701 Page 41 of 973 APPENDIX C FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Mayor of the City of Boynton Beach, or authorized agent of the City of Boynton Beach, Florida (the "City"); as such, I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for fire rescue services (the "Non-Ad Valorem Assessment Roll") for the City is properly assessed so far as I have been able to ascertain; and that all required extensions on the above-described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that,in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the Palm Beach County Tax Collector by September 15, 2021. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Palm Beach County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll, this day of , 2021. CITY OF BOYNTON BEACH, FLORIDA BY: TITLE: [To be delivered to Palm Beach County Tax Collector by September 15] 100463013.1 306-00053701 Page 42 of 973 City of Boynton Beach, Florida Fire Assessment Application for Determination of Eligibility for H.E.L.P. FISCAL YEAR 2021-2022 APPLICATION DEADLINE OCTOBER 15, 2021 NAME: (LAST) (FIRST) TELEPHONE # ADDRESS: (STREET) (CITY) (STATE) (ZIP) FOR EACH PERSON WHO RESIDES WITH YOU AT THE ABOVE ADDRESS, LIST THEIR NAME, AGE AND RELATIONSHIP TO YOU BELOW OR ON AN ATTACHED SHEET, IF NEEDED: (NAME) (AGE) (RELATIONSHIP) (NAME) (AGE) (RELATIONSHIP) I CERTIFY THAT I AM A RESIDENTIAL PROPERTY OWNER AND I MEET ONE (1) OF THE CRITERIA CHECKED IN THE BOX BELOW FOR WHICH I AM REQUESTING ELIGIBILITY FOR H.E.L.P. (Provide a copy of your 2020 Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments) (PLEASE CHECK THE APPROPRIATE BOX FOR WHICH YOU ARE REQUESTING ELIGIBILITY FOR H.E.L.P.) ❑ I qualify for the additional homestead exemption for persons 65 and over as noted on the attached Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments authorized pursuant to Florida Statutes Section 196.075. ❑ I qualify for the Florida Homestead Property Tax Deferral Act as noted on the attached Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments authorized pursuant to Section 197.242, et al., Florida Statutes ❑ I am a totally disabled veteran or the surviving spouse of a totally disabled veteran AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.081. (Provide copy of disability letter from the government or a physician) ❑ I am a surviving spouse of first responder who died in the line of duty AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.081. (Provide copy of disability letter from the government or a physician) ❑ I am a disabled veteran confined to a wheelchair AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.091. (Provide copy of disability letter from the government or a physician) ❑ I am permanently and totally disabled AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.101. (Provide copy of disability letter from the government or a physician) ❑ I am permanently and totally disabled first responder AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.102. (Provide copy of disability letter from the government or a physician) ❑ I meet the U.S. Department of Health & Human Services (HHS) Poverty Guidelines listed on Page 2 of this Application. (Provide a copy of your last two (2) years (2018 & 2019) Federal Income Tax Returns -AGI) OR IF YOU DID NOT FILE INCOME TAXES FOR THE PAST(2) YEARS (Provide a copy of your last three (3) months bank and investment statements for all accounts) NOTE: The City may require additional information to determine eligibility. (Please complete and sign Page 2 of this Application) Page 43 of 973 Fire Assessment Application for Determination of Eligibility for H.E.L.P. Page 2 Please explain the financial hardship that makes it difficult or impossible for you to pay this year's Fire Assessment Amount as levied on the attached Notice from Palm Beach County. Under penalty of perjury, I hereby swear or affirm that the information I am submitting is true, complete and correct in order to determine my eligibility for H.E.L.P. Applicant's signature Date DETERMINING IF YOU MEET HHS POVERTY GUIDELINES 2021 HHS Poverty Guidelines PLEASE NOTE WHAT INCOME TO INCLUDE Size of Poverty Income used to calculate if you meet poverty Family Unit Guideline level status includes the following sources: 1 $ 12,880 2 $ 17,420 Wages, unemployment compensation, Social 3 $ 21,960 Security, Supplemental Social Security 4 $ 26,500 Income, public assistance, veterans' 5 $ 31,040 payments, survivor benefits, pension or 6 $ 35,580 retirement income, interest, dividends, rents, 7 $ 40,120 royalties, income from estates, trust, 8 1 $ 44,660 1 educational assistance, alimony, child support, For each additional person, add 1 $ 4,540 assistance from outside the household, and Source: Federal Register, Vol. 85, No. 12, other miscellaneous sources. January 13, 2021, pp. 3060-3061 CITY REVIEW PROCESS: ➢ Applicant submits application to City of Boynton Beach, Financial Services Department, P.O. Box 310, Boynton Beach FL 33425-0310 delivered no later than October 15, 2021 ➢ The Hardship Waiver will be reviewed by the City's Finance Director or his or her designee (Reviewing Official). ➢ Once the Reviewing Official makes a determination, the applicant will be notified in writing of the Reviewing Official's decision. The decision of the Reviewing Official is final. PLEASE SIGN AND RETURN THIS COMPLETED APPLICATION, ALONG WITH YOUR 2021 TAX NOTICE FROM PALM BEACH COUNTY AND THE REQUIRED DOCUMENTATION FOR THE BOX CHECKED ON PAGE 1 OF THIS APPLICATION TO: City of Boynton Beach Financial Services Department P.O. Box 310 Boynton Beach, FL 33425-0310 (561) 742-6310 Page 44 of 973 rrill e Palm Beach Past Palm Beach Daily Nets I 1 PROOF OF PUBLICATION STATE OF FLORIDA PUBLIC NOTICE Before the undersigned authority, personally appeared Teal Pontarelli, who on oath, says that he/she is a Legal Advertising Representative of The Palm Beach Post, a daily and Sunday newspaper, published in West Palm Beach and distributed in Palm Beach County, Martin County, and St. Lucie County, Florida; that the attached copy of advertising for a P-Main Legal ROP was published in said newspaper on: first date of Publication 08/18/2021 and last date of Publication 08/18/2021. Affiant further says that the said The Palm Beach Post is a newspaper published in West Palm Beach, in said Palm Beach County, Florida and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. BOYNTON BEACH; CITY OF PO BOX 310 BOYNTON BEACH, FL 33425 Invoice/Order Number: 0000651129 Ad Cost: $1,575.00 Paid: $0.00 Balance Due: $1,575.00 y Signed (Legal Advertising Agent) Sworn or affirmed to, and subscribed before me,this 18th day of August, 2021 in Testimony whereof, I have hereunto set my hand and affixed my official seal,the day and year aforesaid. APRIL J.CONWAY Signed �t 1. _LFA`IL S( . �.i _ �i­` - :Commissi�xi#HH08S28i is t :Expires May 2,2025 �n pec Borxd Tin TFWf��1 Y1&Y'd Vwwnr�019 i1 Please see Ad on following page(s). Page 1 of 3 Page 45 of 973 BOYNTON BEACH,CITY OF PO BOX 310 BOYNTON BEACH,FL 33425 Invoice/Order Number: 0000651129 Ad Cost: $1,575.00 Paid: $0.00 Balance Due: $1,575.00 NOTICE E E R1 i TO IMP(031SEANS' F"'ROVIDE FOR COLLECTION ECTI OF FIRE RESCUE SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Boynton Beach will conduct a public hearing to consider the imposition of annual fire rescue special assessments for the provision of fire rescue services within the municipal boundaries of the City of Boynton Beach. The hearing will be held at 5:30 p.m., on September 08, 2021 , at the City Commission Chambers, 100 E Ocean Ave, Boynton Beach, Florida 33435, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a. right to appear at the hearing and to file written objections with the City Commission sion + it lin 20 days of this notice. If a person decides to appeal any decision made by the City Commission with respect to any, matter considered at the hearing, such person will need al record of the proceedings and may creed to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal Is to be made. In accordance with the Americans with Disabilities pct, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office at (561) 742-6060, at least three days prier to the date of the hearing. The assessment for each parcel of property will be based upon each parcel's classification and the total number of billing units attributed to that }carol. The proposed fire rescue assessment schedule for Fiscal Year 2021-20322 is as follows: Prope Us.e Category bate Per Dwelling 1...1nit Residential $120.00 Non-Residential ntial F"r ►pet bate tri a Rate Per Square Feat Commercial $0..27 Ind a sari aV"Wareh louse $0.0 Institutional $4.30 Nursing Home $0.30 Copies of the Fire Rescue Assessment Ordinance,, the Initial Assessment Resolution, the Preliminary Rate Resolution, and the Preliminary Assessment loll are available for inspection at the City Clerk's Office in City Hall, located at 100 E Ocean Ave, Boynton Beach, Florida., 33435. The fire rescue non-ad valorem assessment will be collected on the ad valorem tax bill to be mailed in November 2021 . Failure to pay the assessments will cause a tax certificate to be issued against the property, which may result in a loss of title. If you have any questions, please contact the Finance Department at (561) 742-+6310, Mondays through Friday between 8:00 a.m. and 5:00 p.m. Page 2 of 3 Page 46 of 973 , ewe a„, �f_♦_t�cam. y, r �ei•K,rY.w� �.Y: �. R YI `k'F R Al a r ! w AW may .m� ti • Legend . ..' y r a`„_„� _ ” 1195 V... p CITY COMMISSION S5►ION CITY OF EBOYNTON BEACH, FLORIDA Page 3 of 3 Page 47 of 973 AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and Tammy Peters, who, after being duly sworn, depose and say: 1 Lori LaVerriere, as City Manager of the City of Boynton Beach, Florida ("City"), pursuant to the authority and direction received from the City Commission, timely directed the preparation of the Assessment Roll and the preparation, mailing, and publication of notices in accordance with Sections 2.03, 2.04, and 2.05 of Ordinance No. 08-071, the Fire Rescue Assessment Ordinance (the "Assessment Ordinance") in conformance with the Preliminary Rate Resolution adopted by the City Commission on July 13, 2021 (the "Preliminary Rate Resolution") , 2. In accordance with the Assessment Ordinance and Chapter 92-264, Laws of Florida, as amended by Chapter 2003-348, Laws of Florida (collectively, the "Special Act"), Ms. LaVerriere timely provided all necessary information for notification of the Fire Rescue Assessment to the Property Appraiser of Palm Beach County to be included as part of the notice of proposed property taxes under section 200.069, Florida Statutes, the truth-in-millage notification. The information provided to the Property Appraiser to be included on the truth-in-millage notification included the following: the Fire Rescue Assessment rate expressed in dollars and cents per billing unit, the associated Fire Rescue Assessment amount, and the purpose of the Fire Rescue Assessment, 3. Because the assessment was being levied against newly affected property owners for the first time for Fiscal Year 2021-22, additional notice by first class mail to the Owner of each newly affected parcel of Assessed Property was also required by the Assessment Ordinance and the Special Act. Page 48 of 973 4. Tammy Peters is the Office Manager for GSG. GSG has caused the additional mailed notices required by Section 2.05 of the Assessment Ordinance to be prepared in conformance with the Preliminary Rate Resolution. An exemplary form of such notice is attached hereto. GSG has caused such individual notices for each affected property owner to be prepared and each notice included the following information: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the City expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. 5. On or before August 18, 2021, GSG caused the mailing of the above- referenced notices in accordance with Sections 2.05 of the Assessment Ordinance and the Preliminary Rate Resolution by First Class Mail to each affected owner, at the addresses then shown on the real property assessment tax roll database maintained by the Palm Beach County Property Appraiser for the purpose of the collection of ad valorem taxes. FURTHER AFFIANTS SAYETH NOT. 4 Li LaVverriere, affi nt m Y v rs. Pe�� , ffiant Page 49 of 973 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Affidavit of Mailing was sworn to and subscribed before me, by means of o physical presence or o online notarization, this _ day of 1 2021 by Lori LaVerriere, City Manager, City of Boynton Beach, Florida. She is personally known to me or has produced as identification and did take an oath. Printed Name: Notary Public, State of Florida At Large My Commission Expires: Commission No.: STATE OF FLORIDA COUNTY OF LEON The foregoing Affidavit of Mailing was sworn to and subscribed before me, by means ofphysical presence or o online notarization, this "1'41- day of A 2021 by Tammy Peter vl_� ment Services Group, to � m Inc., a Florida corporation. e is—IN--Zonally known to m or has produced as identification and did take(a�a Prted Name: Notary Public, State of Florida At Large My Commission Expires: Commission No.: SANDRA KWAILI(ER Commission#HH 035425 UP%November 14,2024 86'&d Thr TWy F*WWWO 8000]&MS-7410 Page 50 of 973 Qty ofBoynton Bean P,V. Box 310 CITY OF BOYNTON BEACH, FLORIDA Boynton Beach, FL33423-O310 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE NON-AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 18, 2021 B0UFFQRDKEV|N PanmfTox#: 00434605180800850 85LANCASTER RD Sequence#: BOF-0089 B0YNT0NBEACH FL33420'8431 Legal: CARRIAGE POINTE TOVVMH0ME3 PUD LT05 �^^^°NOTICE ToPROPERTY OWNER^*°°° As required bySection 1073832. Florida Statutes, andCdy Ordinance No. 00-017notice is given bythe City ofBoynton Baeuhdmm1an annual assessment for fire rescue services using the taxbi||uo||ectionmethod. mmybe|evi*donyourp,opartyforthefieca|year0otohor 1. 2021 -September 3O. 202%. The City i d a fire rescue specialasnessmentminuo2U01punuuanttoOrdinanceNo 01'54. ma amended,which Ordinance sunset on September 30,2008. The City then adopted Ordinance No. 08-017 to provide for reenactment of the fire rescue special assessment within the City commencing with the 2QQO'2OOAfiscal year. The purpose ofthis assessment|nhofund fire rescue services benefiting improved property located within the City nfBoynton Beach. The total annual fire rescue assessment revenue tobecollected within the City of Boynton Beach is estimated to be$8,205,584. The annual fire rescue assessment is based on the classification of each parcel nfproperty and number ofbilling units contained therein. Fiscal Year 21'22 Category Type and Number ofBilling Units Assessment Residential Building 1 Dwelling Unit $120.00 Total Assessment $120.00 The maximum annual fire rescue services assessment that can be imposed without further notice for the above parcel for Fiscal Year 2021-22and future fiscal years is$120.00. Apublic hearing will be held at 5:30 p.m. on September 8,2021, at City Hall Commission Chambers, 100 East Ocean Avenue, Boynton Beach, Florida for the purpose ofreceiving public comment nnthe proposed assessments. You and all other affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. |fyou decide to appeal any decision made bythe City Commission with respect toany matter considered otthe hearing, you will need arecord ufthe proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. |naccordance with the Americans with Disabilities Act, persons needing special accommodation oraninterpreter to participate in this proceeding should contact the City Clerk's office at(561)742-6060, at least three days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action a1the above hearing(including the method of apportionment, the rate of assessment and the imposition of assessments),such action shall bethe final adjudication ofthe issues presented. Copies of the Fire Rescue Assessment Ordinance,the Initial Assessment Resolution,the Preliminary Rate Resolution, and the preliminary assessment roll are available for inspection at the City Clerk's office, located at 3301 Quantum Boulevard, Boynton Beach, Florida, 33426. Pursuant to Chapter 92-264, Laws of Florida, as amended by Chapter 2003-348, Laws of Florida, a special act relating to the County, notice of the fire rescue assessment imposed by the City shall also be included by the Property Appraiser as part of the notice of proposed property taxes under Section 200.069, Florida Statutes,the truth-in-millage notification. Both the fire rescue non-ad valorem assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected onthe advalorem tax bill mailed inNovember, Failure to pay the assessments will cause a tax certificate to be issued against the property which may result ineloss oftitle. [fthere isomistake onthis notice, itwill becorrected. If you have any questions regarding your fire rescue service assessment, please contact the Finance Department at(561)742-6310, Monday through Friday between 8:00 a.m. and 5:0Op.m. °°°°°TM|S IS NOTA B|LL°°^°° Page 51 Of 973 2.D. Other 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Conduct First Public Budget Hearing for FY 2021/2022 Proposed Millage and Tentative Annual Operating B udget. Proposed Resolution No. R21-104-Adopt the proposed millage rate for the General Fund for Fiscal Year 2021-2022. Proposed Resolution No. R21-105-Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2021-2022. Explanation of Request: Staff will provide a budget overview presentation. As a result of the Budget Workshops held on July 12-13, 2021 the City Commission approved a proposed millage rate of 7.89 mills and a proposed General Fund budget of$102,396,693. The proposed FY 21/22 General Fund Budget of$102,396,693 is an increase of 4.8% or $4,711,264 over the final adopted FY 20/21 General Fund Budget of$97,685,429. Based on changes to the state shared revenue projections and direction from the Commission during the July budget workshops, the following changes have been incorporated into the proposed budget: 1) Decreased General Fund from$102,468,888 to $102,396,693. The City's State Shared Revenue Projections provided by the State were received in August and created a projected increase of$413,800. Those increases were $348,000 in Sales Tax and $65,800 in State Shared Revenues. At the workshop, ARPA Revenue Losses were identified to fill the gap in the amount of$350,000. The decision to reduce the millage rate from 7.9 to 7.89 resulted in a decrease of ($54,485). Wage increases were increased from 2% to 3% increasing expenditures in the amount of$187,609. The net difference in revenues and expenditures are being supported through increasing Fund Balance in the amount of$793,510. 2) Increased Traffic Safety Fund from$2,594,353 to $2,598,935 due to wage increases from 2% to 3%. 3) Increased Community Improvement Fund from$335,536 to $339,800 due to wage increases from 2% to 3%. 4) Increased Building fund from$3,382,977 to $3,397,351 due to wage increases from 2% to 3%. 5) Increased Public Art fund from$302,373 to $303,689 due towage increases from 2% to 3% 6) Increased Public Service Tax Debt Fund from$10,275,894 to $11,625,894 due to the ARPA Revenue losses being transferred to General fund in the amount of$350,000 and the transfer to General fund of $1,000,000 previously only accounted for in the General Fund Revenue. 7) Increase in Utility Fund from$54,697,153 to $54,884,450 due to a departmental reorganization in the amount of$100,000 and a 2% to 3% wage increase of$87,297. Page 52 of 973 8) Increase in the Solid Waste Fund from$11,771,835 to $11,788,142 due to the 2% to 3% wage increase. 9) Increase in the Fleet Fund from$9,853,415 to $9,863,114 due to the 2% to 3% wage increase. 10) Increase in the Materials and Distribution Fund from$518,803 to $521,501 due to the 2% to 3% wage increase. 11) Increase in the Risk Fund from$6,353,995 to $6,358,453 due to the 2% to 3% wage increase. 12) Increase in the Boynton Beach Memorial Fund from$548,033 to $548,495 due to the 2% to 3% wage increase. How will this affect city programs or services? The annual budget provides appropriations to provide City services. Fiscal Impact: Budgeted. Adoption of the millage rate and budget allows for appropriations to provide City services. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Resolution Resolution approving Proposed Millage for FY 21/22 Resolution Resolution adopting tentative Budget for FY 21/22 Attachment Budget Presentation Page 53 of 973 I RESOLUTION R21 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 4 ADOPTING A PROPOSED MILLAGE RATE FOR THE CITY'S 5 GENERAL OPERATING FUND FOR THE FISCAL YEAR 6 BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 7 2022, ANNOUNCING THE PERCENT, IF ANY, THE PROPOSED 8 MILLAGE RATE EXCEEDS THE ROLLED-BACK RATE; 9 ANNOUNCING THE DATE, TIME AND PLACE OF THE SECOND 10 AND FINAL PUBLIC HEARING ON THE BUDGET AND MILLAGE 11 RATE; PROVIDING FOR SEVERABILITY, CONFLICTS AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, a tentative budget has been prepared estimating expenditures and 15 revenues of the City of Boynton Beach, Florida, for the ensuing year, with detailed 16 information, including revenues to be derived from sources other than ad valorem levy, and 17 the administrative staff of the City has made recommendations as to the amount necessary 18 to be appropriated for the ensuing year; and 19 WHEREAS, the City Commission has conducted a public hearing regarding the 20 proposed millage necessary to be levied to carry on the government of the City for the fiscal 21 year 2021-2022 and has also discussed the tentative budget; and 22 WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as 23 outlined in Florida Statutes Section 200.065. 24 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON BEACH, FLORIDA THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The proposed Millage Rate for the 2021-2022 Fiscal Year shall be 30 7.8900 for the General Fund. S:\CA\RESO\Budget\2021 -2022 Budget\Proposed Millage-Reso September 8 2021.Docx Page 54 of 973 31 Section 3. A copy of the tentative budget shall be published in one issue of a 32 newspaper published in Palm Beach County, Florida, and at the same time the public will be 33 notified of a public hearing to be held on the 21st day of September, 2021, at 5:30 P.M. for 34 the purpose of hearing suggestions, agreements, objections or criticisms of the tentative 35 budget and millage. This meeting is for the purpose of setting a final tax levy and final budget. 36 Section 4. The proposed millage rate is 3.32 % above the computed rolled back 37 rate of 7.6362. 38 Section 5. If any clause, section, or other part of this Resolution shall be held by 39 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 40 invalid part shall be considered as eliminated and shall in no way affect the validity of the 41 other provisions of this Resolution. 42 Section 6. This Resolution shall become effective immediately upon passage. 43 PASSED AND ADOPTED this 8th day of September, 2021. 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 Mayor— Steven B. Grant 47 48 Vice Mayor—Woodrow L. Hay 49 50 Commissioner—Justin Katz 51 52 Commissioner—Christina L. Romelus 53 54 Commissioner—Ty Penserga 55 56 VOTE 57 ATTEST: 58 59 60 Crystal Gibson, MMC 61 City Clerk 62 63 (Corporate Seal) S:\CA\RESO\Budget\2021 -2022 Budget\Proposed Millage-Reso September 8 2021.Docx Page 55 of 973 I RESOLUTION R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 ADOPTING A TENTATIVE BUDGET FOR THE FISCAL YEAR 5 BEGINNING OCTOBER 1, 2021, AND ENDING SEPTEMBER 30, 6 2022; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN 7 EFFECTIVE DATE. 8 9 WHEREAS, a tentative budget has been prepared by the City Manager estimating 10 expenditures, transfers, and revenues of the City of Boynton Beach for the ensuing year, with 11 detailed information, including revenues to be derived from sources other than the ad 12 valorem tax levy, and she has made recommendations as to the amount necessary to be 13 appropriated for the ensuing year; and 14 WHEREAS, the City Commission has conducted a public hearing regarding the 15 proposed millage necessary to be levied to carry on the government of the City for the fiscal 16 year 2021-2022 and has also discussed the tentative budget. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH, FLORIDA: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 Section 2. That the tentative budget of the City of Boynton Beach, Florida, for the 23 fiscal year beginning October 1, 2021 and ending September 30, 2022, a copy of which is 24 attached hereto, is hereby adopted and the appropriations set out therein are hereby made 25 to maintain and carry on the government of the City of Boynton Beach, Florida. 26 Section 3. There is hereby appropriated the sum of $102,396,693 to the General 27 Fund for the payment of operating expenditures, transfers to other funds, and necessary 28 capital outlays for the City Government pursuant to the terms of the above budget. 29 Section 4. That there is hereby appropriated the sum of$2.598.935 to the Traffic 30 Safety Special Revenue Fund for the payment of operating expenditures, transfers to other 31 funds, and necessary capital outlays. 32 1 S:ACA\RESO\Budget\2021-2022 Budget\Tentative Budget-Reso-September 8 2021.Docx Page 56 of 973 33 Section 5. That there is hereby appropriated the sum of$1.301.150 to the Local 34 Option Gas Tax Special Revenue Fund for the payment of operating expenditures,transfers 35 to other funds, and necessary capital outlays. 36 Section 6. That there is hereby appropriated the sum of $339,800 to the 37 Community Improvements Special Revenue Fund for the payment of operating 38 expenditures, transfers to other funds, and necessary capital outlays. 39 Section 7. That there is hereby appropriated the sum of $3,397,351 to the Building 40 Special Revenue Fund for the payment of operating expenditures, transfers to other funds, 41 and necessary capital outlays. 42 Section 8. That there is hereby appropriated the sum of $303,689 to the Public 43 Arts Special Revenue Fund for the payment of operating expenditures, transfers to other 44 funds, and necessary capital outlays. 45 Section 9. That there is hereby appropriated the sum of $742,998 to the 46 Recreation Program Special Revenue Fund for the payment of operating expenditures, 47 transfers to other funds, and necessary capital outlays. 48 Section 10. That there is hereby appropriated the sum of$11,625,894 to the Public 49 Service Tax Debt Service Fund for the purpose of payment operating expenditures, 50 transfers to other funds, and the principal and interest due on the public service tax bonds 51 of the City not subject to statutory exemptions and for redeeming such bonds as they mature. 52 Section 11. That there is hereby appropriated the sum of $3.842.327 to the 53 General Capital Improvement Capital Projects Fund for the payment of transfers to other 54 funds and capital outlays pursuant to the terms of the above budget. 55 Section 12. That there is hereby appropriated the sum of $6.944.623 to the Local 56 Government Surtax Capital Projects Fund for the payment of transfers to other funds and 57 capital outlays pursuant to the terms of the above budget. 58 Section 13. That there is hereby appropriated the sum of $66,067 to the Parks & 59 Recreation Facilities Trust Fund for the payment of transfers to other funds and capital 60 outlays pursuant to the terms of the above budget. 61 Section 14. That there is hereby appropriated the sum of$54.884.450 to the Water 2 S:ACA\RESO\Budget\2021-2022 Budget\Tentative Budget-Reso-September 8 2021.Docx Page 57 of 973 62 and Sewer Utility Enterprise Fund for operating expenditures, debt service, transfers to 63 other funds, and necessary capital outlay. 64 Section 15. That there is hereby appropriated the sum of$31,207,947 to the Water 65 and Sewer Utility Capital Improvement Enterprise Fund for the payment of capital outlays 66 pursuant to the terms of the above budget. 67 Section 16. That there is hereby appropriated the sum of $2.250.175 to the Golf 68 Course Enterprise Fund for operating expenditures, transfer to other funds, and necessary 69 capital outlays. 70 Section 17. That there is hereby appropriated the sum of $204,200 to the Golf 71 Course CIP Fund for the payment of capital outlays pursuant to the terms of the above 72 budget. 73 Section 18. That there is hereby appropriated the sum of $11.788.142 to the Solid 74 Waste Enterprise Fund for the payment of operating expenditures, transfers to other funds 75 and necessary capital outlays. 76 Section 19. That there is hereby appropriated the sum of$9.863.114 to the Fleet 77 Maintenance Internal Service Fund for the payment of operating expenditures, transfers to 78 other funds, and necessary capital outlays. 79 Section 20. That there is hereby appropriated the sum of $521,501 to the 80 Materials& Distribution Internal Service Fund for the payment of operating expenditures, 81 transfers to other funds, and necessary capital outlays. 82 Section 21. That there is hereby appropriated the sum of $6,358,453 83 to the Self-Insurance Internal Service Fund for the payment of operating expenditures, 84 transfers to other funds, and necessary capital outlays. 85 Section 22. That there is hereby appropriated the sum of $548,495 the Cemetery 86 Special Revenue Fund for the payment of operating expenditures, transfers to other funds, 87 and necessary capital outlays. 88 Section 23. A copy of the tentative budget summary shall be published in one issue 89 of a newspaper published in Palm Beach County and at the same time the public will be 90 notified of a public hearing to be held on the 21st day of September. 2021, at 5:30 P.M. for 3 S:ACA\RESO\Budget\2021-2022 Budget\Tentative Budget-Reso-September 8 2021.Docx Page 58 of 973 91 the purpose of hearing suggestions, agreements, objections or criticisms of the final budget 92 and millage. This meeting is for the purpose of setting a final ad valorem tax levy and final 93 budget. 94 Section 24. All delinquent taxes collected during the ensuing fiscal year as 95 proceeds from levies of operation millage of prior years are hereby specifically appropriated 96 for the use of the General Fund. 97 Section 25. If any clause, section or other part of this Resolution shall be held by 98 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 99 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 100 remaining portions of this Resolution. 101 Section 26. All Resolutions or parts of Resolutions in conflict herewith are hereby 102 repealed to the extent of such conflict. 103 Section 27. This Resolution shall become effective immediately upon passage. 104 105 PASSED AND ADOPTED this 8th day of September, 2021. 106 CITY OF BOYNTON BEACH, FLORIDA 107 YES NO 108 109 Mayor— Steven B. Grant 110 III Vice Mayor—Woodrow L. Hay 112 113 Commissioner—Justin Katz 114 115 Commissioner—Christina L. Romelus 116 117 Commissioner—Ty Penserga 118 119 VOTE 120 ATTEST: 121 122 123 Crystal Gibson, MMC 124 City Clerk 125 (Corporate Seal) 4 S:ACA\RESO\Budget\2021-2022 Budget\Tentative Budget-Reso-September 8 2021.Docx Page 59 of 973 \ U0 04 rtib t C7 CY) 0 Apt i C4 AML m C4 CN At At ti ® wULM iy O \ N W ;z PIZJ 0 LU _ 4- 0 00 W04 • • f • 0 O.&TE4 P> ri ft • CL PIZ • 00 • I' W 0 %1 t m • • • (� ti O 1 �f f O ® 4M • r • • m mCL M� i V t It ON Oi0 O -F0 ON (Y) O O rn 16.4O O c� N O (C) bA � Lr) � lf) O 16.4 u 16.4 LL4-0 V 4 4-0o '+ v, o W nn11 w w W ^ 0 ON Lr) 16.4 � c� Iz 16.4 nz 16.4 1 w V u � � V '� N � O L` � � r-L4 " 4-0 o 4'0 %j � 16.4 16.4 W4 16.4 Wo .� 16.4 L.L lAk a� • u4-0 • u N w n1 16.4 16.44-0O 0 4-0 16.4 O u et � 16.4 ;34-0•' 'u ~ .� OO4-0 •� o � O 16.4 O � O O 16.4 L )Ln c� O --+ Cn Oo 4- 4-0 Ilk 16.4 4-0 W �+ ,.� ; o `4-+ 1:� c . 4 O L.L � 00 w a Zo w O O '~ O -al, b16.4A X --+ --+ 4-0 4 . 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Announcements, Community and Special Events and Presentations 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Proposed Resolution No. R21-106- Recognizing September 13-17, 2021 as Florida Civics Week and encouraging all City residents to honor civic engagement by participating in educational activities and community service. Explanation of Request: Florida Civics Week recognizes the significant role played by municipal government in our lives and spreads the word to all Floridians that their voice can be heard to have an impact at the local level. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: Not recognize the week of September 13-17, 2021 as"Florida Civics Week." Strategic Plan: Building Wealth in the Community Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type Description D Resolution Resolution recognizing Florida Civics Week Page 76 of 973 1 RESOLUTION NO. R21- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 RECOGNIZING THE WEEK OF SEPTEMBER 13, 2021 TO 6 SEPTEMBER 17, 2021, AS "FLORIDA CIVICS WEEK" AND 7 ENCOURAGING ALL CITY RESIDENTS TO HONOR CIVIC 8 ENGAGEMENT BY PARTICIPATING IN EDUCATIONAL 9 ACTIVITIES AND COMMUNITY SERVICE; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, municipal government is the government closest to the people and the one with the 13 most direct daily impact upon its residents; and 14 WHEREAS, municipal government provides services and programs that enhance the 15 quality of life for residents, making their city their home; and 16 WHEREAS, municipal government is administered for - and by - its citizens, and is 17 dependent upon public commitment to, and understanding of, its many responsibilities, 18 including direct participation in the democratic process; and 19 WHEREAS, municipal government officials and employees share the responsibility to pass 20 along the understanding of the services provided by their municipalities and their benefits;and 21 WHEREAS, representative government is dependent on the exercise of the privileges and 22 responsibilities of its citizens; and 23 WHEREAS, civic and political participation remains the medium in which citizens engage 24 in free,diverse, and positive political dialogue that guides our Nation toward common interests, 25 consensus, and good governance; 26 WHEREAS, it is in the public interest for our Nation's leaders to foster civic discourse, 27 education,and participation in Federal, State, and local affairs; 28 WHEREAS, the advent of revolutionary Internet technology offers new mechanisms for 29 empowering our citizens, and fostering greater civic engagement, than at any time in our history; 30 and 31 WHEREAS,the use of new technologies can bring people together in civic forums, educate 32 citizenson their roles and responsibilities, and promote citizen participation in the political 33 process through volunteerism, voting, and the elevation of diverse voices in public discourse;and S:\CA\RESO\Agreements\Recognizing Florida Civics Week-Reso.docx Page 77 of 973 34 WHEREAS, Florida Civics Week is a very important time to recognize the significant role 35 played by municipal government in our lives, and to spread the word to all Floridians that they 36 can shape and influence this level of government. 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 38 BOYNTON BEACH, FLORIDA, THAT: 39 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 40 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 41 Section 2. The City Commission encourages all city officials, city employees, and citizens 42 toparticipate in events that recognize and celebrate Florida Civics Week. 43 Section 3. A copy of this resolution will be provided to Florida Governor Ron DeSantis, 44 the Florida Cabinet, and the Florida League of Cities, Inc. 45 Section 4. This Resolution shall become effective immediately upon passage. 46 47 PASSED AND ADOPTED this 8th day of September, 2021 48 49 CITY OF BOYNTON BEACH, FLORIDA 50 YES NO 51 Mayor— Steven B. Grant 52 53 Vice Mayor—Woodrow L. Hay 54 55 Commissioner—Justin Katz 56 57 Commissioner— Christina L. Romelus 58 59 Commissioner—Ty Penserga 60 61 VOTE 62 ATTEST: 63 64 65 Crystal Gibson, MMC 66 City Clerk 67 68 69 (Corporate Seal) S:\CA\RESO\Agreements\Recognizing Florida Civics Week-Reso.docx Page 78 of 973 3.B. Announcements, Community and Special Events and Presentations 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Proclaim the week of September 17-23, 2021 as Constitution Week. Marjorie Ferrer of the Daughters of the American Revolution will accept the proclamation. Explanation of Request: September 17, 2021 marks the two hundred and thirty-fourth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention. Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17-23 as Constitution Week. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Proclamation Proclamation Constitution Week Page 79 of 973 Nr Proclamation WHEREAS, September 17, 2021,marks the two hundred and thirty-fourth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention;and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary;and to the patriotic celebrations which will commemorate the occasion;and WHEREAS,it is important that all citizens fully understand the provisions, principles, and meaning of the Constitution so they can support,preserve,and defend it;and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the week of September 17 h through 23'Two Thousand Twenty as: constitution M_'�_'k. AND ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF,I have hereunto set my band and caused the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach,Florida,this 8,h day September,Two Thousand and Twenty-One. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.C. Announcements, Community and Special Events and Presentations 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Proclaim the month of September as Hunger Action Month. Sari Vatske, Executive Vice President of Feeding South Florida, will accept the Proclamation. Explanation of Request: As part of a nationwide initiative created by Feeding America®, Hunger Action Month takes place throughout September and is designed to raise awareness about the issue of hunger in America. Feeding America food banks, across the country including Feeding South Florida, will host several events throughout the month of September to bring awareness and attention to encourage involvement in efforts to end hunger in their local community. How will this affect city programs or services? This will have no affect on City programs or services. Fiscal Impact: N/A Alternatives: Not proclaim September as Hunger Action Month. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type Description Proclamation Proclamation-Hunger Action Month Page 81 of 973 ' .. f.. Proclamation WHEREAS, September is Hunger Action Month, an initiative created by Feeding America to help raise awareness about the issue of hunger in the United States and in local communities; and WHEREAS, hunger is an issue of critical concern to the City of Boynton Beach, it is therefore important we take action to break the cycle of hunger and poverty and address the root causes of hunger; and WHEREAS, the City of Boynton Beach is therefore committed to working with Feeding South Florida, the leading domestic hunger relief organization serving Palm Beach, Brow ard, Miami-Dade, and Monroe Counties,serving 250/o of the state's food insecure population; and WHEREAS, during this past year, over one million individuals in South Florida — over 300,000 of whom are children — relied on more than 154 million pounds of food provided by Feeding South Florida's direct-service programs and its network of 500+ community partners; and WHEREAS, Feeding America food banks across the country including Feeding South Florida, will host several events throughout September to raise awareness about the issue of hunger and inspire action toward ending in their local community; NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of September Two Thousand Twenty-One as: flunggn �Ction Month IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 81h day of September Two Thousand Twenty-One. Steven B. Grant,Mayor ATTEST: Crystal Gibson, MMC City Clerk 3.D. Announcements, Community and Special Events and Presentations 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Proclaim the month of September 2021 as National Library Card Sign- Up Month. Madison Kjosa, Library Marketing & Outreach Manager, will accept the proclamation on behalf of the Boynton Beach City Library. Explanation of Request: Library Card Sign-up Month is observed nationwide throughout the month of September to remind parents, caregivers and students that signing up for a library card is the first step on the path to academic achievement and lifelong learning. How will this affect city programs or services? Observing National Library Card Sign-Up Month will help raise public awareness of the many different resources and services that a Boynton Beach City Library card opens the door to using, including technology, free internet, job searching and unemployment assistance, homework help, small business resources, research guidance, and much more. The Library is a place where all residents are welcome to learn, grow and pursue their dreams and passions. Fiscal Impact: None. Alternatives: None. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type Description Proclamation Proclamation National Library Card Sign Up Page 83 of 973 Proelamation WHEREAS,libraries and librarians play a crucial role in the lifelong education and development of children;and WHEREAS,libraries offer a variety of programs to stimulate an interest in reading and learning. Library resources serve students of all ages,from early literacy to STEAM programs to research databases;and WHEREAS,signing up for a library card is the first step on the path towards academic achievement and lifelong learning.A library card gives students the tools that foster success in the classroom and beyond;and WHEREAS,librarians create welcoming and inclusive spaces for people of all backgrounds to learn together and engage with one another.A library card empowers all people to pursue their dreams and explore new passions and interests;and WHEREAS, libraries are constantly transforming and expanding services to meet the evolving needs of their communities; NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of September,Two Thousand and Twenty-One as: National ><ibrarg Card §ign-up Month and encourage all residents to sign up for their own Boynton Beach City Library card. IN WITNESS WHEREOF,I have hereunto set my band and caused the Seal of the City of Boynton Beach,Florida, to be affixed at Boynton Beach,Florida,the 8,h day of September,Two Thousand and Twenty-One. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.E. Announcements, Community and Special Events and Presentations 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Announcement by Kacy Young, Recreation & Parks Director for the 9/11 Remembrance Memorial Ceremony being held at Centennial Park Amphitheater on Saturday, September 11th , at 10:00 am. Explanation of Request: The Boynton Beach Veterans Task Force will host a 9/11 Remembrance Memorial Ceremony on September 11th, at Centennial Park Amphitheater starting at 10:00am. How will this affect city programs or services? No affect on City programs or services Fiscal Impact: Expenses will be utilized from remaining Special Events budget. Alternatives: Not to make the announcement Strategic Plan: Culturally Distinct Downtown Strategic Plan Application: Hosting special events at Centennial Park Amphitheater provides an opportunity for residents and non-residents to visit Downtown Boynton. Climate Action Application: No Climate Action Application Is this a grant? Grant Amount: Attachments: Page 85 of 973 3.F. Announcements, Community and Special Events and Presentations 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: The Second Public Budget Hearing to adopt the FY 2021/22 Budget will be held during the City Commission Meeting on Tuesday, September 21, 2021 at 5:30 p.m. in the City Commission Chambers. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 86 of 973 5.A. Administrative 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: The attached list contains the names of those who have applied for term openings and vacancies on the various advisory boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep city advisory boards full and operating as effectively as possible. Fiscal Impact: Alternatives: Allow vacancies to remain unfilled Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Attachment Appointments and Applicants for 09-08-2021 D Attachment Dr. Hayden-Adeyemo, Stephanie D Attachment Fischer, Kevin D Attachment Patterson, Frando Page 87 of 973 Appointments and Applicants for September 8, 2021 Affordable Housing Advisory Committee Mayor Grant Residential home building 3 yr term Vice Mayor Hay Banking/mortgage industry 3 yr term I Katz Affordable home building 3 yr term III Romelus Advocate for low-income persons 3 yr term IV Penserga For-profit provider of affordable housing 3 yr term Mayor Grant Not-for-profit provider of affordable housing 3 yr term I Katz Serving on the local planning agency 3 yr term III Romelus Represents employers within the City of 3 yr term Boynton Beach IV Penserga Represents essential services personnel 3 yr term Applicants: Dr. Stephanie Hayden-Adeyemo Advocate for low-income persons (1St preference) Represents essential services personnel (2nd preference) Kevin Fischer Serving on the local planning agency Building Board of Adjustments and Appeals Vice Mayor Hay Reg 2 yr term to 3/23 IV Penserga Reg 2 yr term to 3/23 Mayor Grant Alt 1 yr term to 3/22 1 Katz Alt 1 yr term to 3/22 Applicants: None Education and Youth Advisory Board IV Penserga Student 1 yr term to 3/22 (Voting) Mayor Grant Student 1 yr term to 3/23 (Non-Voting) Applicants: None Historic Resources Preservation Board III Romelus Reg 2 yr term to 3/22 IV Penserga Alt 1 yr term to 3/22 Applicants: None Library Board Vice Mayor Hay Alt 1 yr term to 3/22 Applicants: None C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\9EE2B358-1BBB-40E9-A481-9C4FF981496B\Boynton Beach.29172.1.Appointments_for_09-08- 21.docx Page 88 of 973 Appointments and Applicants for September 8, 2021 Recreation and Parks I Katz Reg 2 yr term to 3/22 Vice Mayor Hay Alt 1 yr term to 3/22 III Romelus Alt 1 yr term to 3/23 Applicant: Frando Patterson Senior Advisory Board Mayor Grant Reg 2 yr Term 3/23 Applicants: None C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\9EE2B358-1BBB-40E9-A481-9C4FF981496B\Boynton Beach.29172.1.Appointments_for_09-08- 21.docx Page 89 of 973 Stanzione, Tammy From: City Clerk Sent: Wednesday, August 25, 2021 10:57 AM To: Stanzione, Tammy Subject: FW:Advisory Board Appointment application From: nomadinc2world <noreply@123formbuilder.io> Sent: Wednesday, August 25, 20211:18 AM To: City Clerk<CityClerk@bbfl.us> Subject:Advisory Board Appointment application Today's date 08/25/2021 Name Dr. Stephanie Hayden-Adeyemo Phone number 561-945-1329 Address 2181 SW 15th Ave N102 BOYNTON BEACH BOYNTON BEACH BOYNTON BEACH United States Email nomadinc2world@gmail.com Current occupation or, if Teacher retired, prior occupation Education Howard University Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business Yes within City limits? If"yes", name of business: The Learning NoMad LLC Are you currently serving on a Yes City board? Have you served on a City Yes board in the past? If"yes", which board(s)and EDUCATION YOUTH ADVISORY when? LIBRARY Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Affordable Housing Advisory Committee t Page 90 of 973 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications As noted per application submitted before--Afforsbefore--Affordable Housing Committee as an advocate for low income resident and an essential services worker Professional Memberships See already submitted application Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 172.58.129.191 (United States)at 2021-08-25 00:17:42 on Chrome 69.0.3497.100 Entry ID:481 Referrer:https://www.boynton-beach.orR/boards-and-committees Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment-application 2 Page 91 of 973 Stanzione, Tammy From: City Clerk Sent: Thursday, August 26, 2021 9:17 AM To: Stanzione, Tammy Subject: FW:Advisory Board Appointment application From: kfischer185<noreply@123formbuilder.io> Sent: Wednesday, August 25, 20214:59 PM To: City Clerk<CityClerk@bbfl.us> Subject:Advisory Board Appointment application Today's date 08/25/2021 Name Kevin Fischer Phone number 404-502-7897 Address 1 Lawrence Lake Drive Boynton Beach Florida 33436 United States Email kfischer185@gmail.com Current occupation or, if Deputy Planning Director, Palm Beach County retired, prior occupation Education Masters Degree in Urban and Regional Planning; Bachelor of Science in Business Administration Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a Yes City board? Have you served on a City Yes board in the past? If"yes", which board(s)and Planning and Development Board (June 2015 to December 2018; April 2021 to when? present) Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Affordable Housing Advisory Committee i Page 92 of 973 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I currently serve on the Boynton Beach Planning and Development Board. In my role as the Palm Beach County Deputy Planning Director 1 am involved with the County\'s workforce housing program as well as other housing programs. Professional Memberships American Institute of Certified Planners (AICP) Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 99.114.224.51(United States)at 2021-08-25 15:58:41 on Chrome 86.0.4240.111 Entry ID:482 Referrer:https://www.boynton-beach.orRZ Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment-application 2 Page 93 of 973 Stanzione, Tammy From: pamfran <noreply@123formbuilder.io> Sent: Tuesday, August 17, 2021 12:01 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: FLP_Resume.docx Today's date 08/17/2021 Name Frando Patterson Phone number Address Email pamfran@bellsouth.net Current occupation or, if retired, prior Director Of Testing and Evaluation occupation Education Master Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City No limits? If"yes", name of business: Are you currently serving on a City Yes board? Have you served on a No City board in the past? If"yes",which board(s)and when? Have you ever been No convicted of a crime? If"yes",when and where? Advisory Board Recreation & Parks Board If appointed by the Yes City Commission to i Page 94 of 973 serve as Board Chair or Vice Chair are you willing to serve in this capacity? Personal I am a retired veteran Qualifications Professional Member of the Florida Association of Collage Test Administrators and National College Testing Memberships Association Kappa Alpha Psi Fraternity Feel free to attach/upload an https:/Zform.123formbuiIder.com/­­`upload did php?fileid=e61c71966f29deb4b24baaefc4317b19 extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 131.91.7.200(United States)at 2021-08-17 11:01:06 on Chrome 92.0.4515.131 Entry ID:479 Referrer:https://www.boynton-beach.org/ Form Host: htt s: form 123formbuilder com/583214/advisory-board-appointment-application 2 Page 95 of 973 Frando L Patterson 604 NW 25" AVE Boynton Beach, FL 33426 615-596-21.43 pamfran*bellsouth.net Objective: Dependable and hardworking individual who is seeking a permanent position(s) where my skills, abilities, and experience will benefit the organizations goals and objectives. Education: Golden Gate University San Francisco, CA Master of Science Human Resources Educational emphasis Personnel Management June 1991 Tennessee State University Nashville, TN Master of Education Curriculum and Instruction Educational emphasis Business Education Completed 33 hour toward teaching certification Tennessee State University Nashville, TN Bachelor of Business Admin Educational emphasis Marketing May1983 CCAF Maxwell AFB Associated Degree Education and Training Management Work History: Florida Atlantic University Boca Raton, FL Testing and Evaluation Director Dec 2007 to the Present Responsibilities- Department management includes employee relations (personnel policies, employment, staff development and security issues), academic and professional test administration, record keeping and scheduling for pencil and paper tests, computer-based tests, and internet- based tests (national, state, local, university, correspondent and PROMETRIC APIC Lab), providing academic support including make-up exams, processing scantrons, scanning exams and processing Student Perception of Teaching forms. Accountable for preparing the operating and auxiliary budgets (Testing and Test Prep) and managing all authorized funds. Represent the department or the university at various functions or committees, as needed. Tennessee State University Nashville, TN Testing Supervisor Jan 1993 to Nov 2007 Responsibilities- Supervise and administer computer-based and standardize test, including but not limited to GRE, MAT, CASTLEWORLD, CLEP, PSI, GED Page 96 of 973 ACCUPLACER , MCAT and Praxis series test. Supervise and train graduate assistants and contractual test proctors. Advise university personnel, students, and the public on testing requirements Military History: Air Force Reserve Marietta, GA 94th Wing Training Manager Jan 2013 to June 2015 45th Aerospace Evacuation Squadron June 2015 to Jan 2017 Responsibilities- Wing Training Manager is the OPR for training programs for units serviced by the host Manpower and Personnel Flight (FSM) regardless of the functional area. The Base Training Manager will ensure programs are in place to manage upgrade, qualification, in-garrison, and ancillary training. Implement and manage training programs, policies, and procedures as directed by higher headquarter. Review and coordinate wing and unit-level training publications, supplements, and operating instructions, and provide recommendations to the appropriate OPRs. Develops, delivers, and evaluates E&T Tennessee Air National Guard Nashville, TN Training Manager 118" AES July 1991 to Jan 2013 Responsibilities- Advise the Unit Commander on all training issues Develops, delivers, and evaluates education and training programs Apply instructional system development process for job standards Advise Air National Guard 4N0 CFM on training issues Advise members of school dates using TEAM Award members skill level using Milpds Advise ANG Readiness Center concerning training issues Super-User for the ANG Medical Communities for AFTR Senior Instructor for the Express Train Class (Class for newly appointed) UTM and units that are 12 months out from a HSI) Instructor for Supervisor Involvement Course ANG Field Rep for AFTR United State Air Force July1987 to July 1991 Computer Skills: Microsoft Words, PowerPoint, Excel, Banner and Access Organization: Member ATP-NCTA ORP Standard workgroup Reference: Available on Request Page 97 of 973 5.B. Administrative 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Consider rescheduling the November 16, 2021 City Commission Meeting to Monday, November 15, 2021 due to the Commission attending the National League of Cities City Summit. Explanation of Request: The majority of the City Commission will be attending the National League of Cities City Summit November 18-20, 2021 in Salt Lake City, Utah. Staff recommends rescheduling the November 16, 2021 City Commission Meeting to Monday, November 15, 2021, to allow the Commission sufficient travel time. How will this affect city programs or services? Fiscal Impact: Alternatives: Cancel the November 16, 2021 meeting. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 98 of 973 6.A. Consent Agenda 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Legal Expenses- July 2021 - information at the request of the City Commission. No action required. Explanation of Request: Outside Counsel invoices submitted through Risk Management are also attached. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Attachment Goren Cherof Risk Litigation July 2021 Invoices Attachment Goren Cherof July 2021 Invoices Attachment Outside Counsel Geraci July 2021 Page 99 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905190 Boynton Beach FL 33435 STATEMENT NO: 36992 Attn: Lynn Swanson adv. Readon, Jayden, Estate of(police chase) Billing Category: 18-RLO Claim#001470-000396-AB-01 HOURS 07/06/2021 GB Telephone conference call with Chief Katz regarding deposition. Prepared for Chief Katz's deposition by reviewing case file and documents relevant to his deposition. 1.20 07/07/2021 GB Telephone conference call with Chief Katz regarding deposition testimony. Telephone conference call with attorney Kaufer regarding deposition of Chief Katz. Prepared for and attended Chief Katz's deposition. 3.40 07/21/2021 GB Email with court reporter regarding Chief Katz's deposition transcript. 0.10 07/29/2021 GB Emails with attorney for Officer Sohn regarding depositions. 0.10 FOR CURRENT SERVICES RENDERED 4.80 984.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 4.80 $205.00 $984.00 TOTAL CURRENT WORK 984.00 BALANCE DUE $984.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 100 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905216 Boynton Beach FL 33435 STATEMENT NO: 36993 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18- RLO Claim#001470000410EP HOURS 07/06/2021 GB Reviewed case file in preparation for closed door session. Attended closed door session. 3.00 JAC Prepare for, review pleadings, attend closed door session, follow up research for discussion with Gal Betesh guarding case overview issues 2.30 07/08/2021 GB Emails with City IT department regarding archived emails. Reviewed documents response to Plaintiff's Request for Production and added to timeline in preparation for trial. Filed Supplemental Responses to Request for Production. 2.60 07/12/2021 GB Began drafting Mediation Statement. Reviewed file in preparation for drafting mediation statement. 2.80 07/13/2021 GB Finalized mediation statement and began drafting mediation report to tristar and city. 3.50 07/14/2021 GB Legal research regarding whistleblower claim. Meeting with JAC regarding legal research. Continued drafting tristar report for mediation. 2.90 JAC Discuss motion for summary judgment with Gal Betesh; research regarding same 1.20 07/15/2021 GB Legal research regarding Plaintiff's whistleblower claim and legislative history of"local official". Continued drafting tristar report for mediation. Email with mediator regarding mediation. 2.80 07/16/2021 MDC Confer with Jim Cherof and Gal Betesh, review cases and authority on elements and burden of proof for each element. 0.40 JAC Conference with Gal Betesh regarding motion for summary judgment and analysis of supporting caselaw; Follow up research 1.20 GB Drafted tristar report. Worked on Motion for Summary Judgment, legal research and meetings with JAC and MDC regarding emails qualify as disclosures under case law. 3.70 07/19/2021 GB Finalized pre mediation report and emailed to Tristar and City. 0.90 07/20/2021 GB Email to City regarding mediation. Reviewed Plaintiff's mediation summary to mediator and outline opening statement for mediation. Attended Page 101 of 973 Page: 2 CITY OF BOYNTON BEACH 08/03/2021 ACCOUNT NO: 306-9905216 STATEMENT NO: 36993 adv. Ryan, Ronald (whistleblower PD) HOURS mediation. 3.40 JAC Review mediation with Gal Betesh; follow up research regarding attorney fees and coverage issues 1.20 07/21/2021 GB Meeting with JAC regarding whistleblower claim and liability. 0.50 07/22/2021 GB Trial preparation by analyzing exposure to the City by conducting legal research and reviewing insurance policy with BRIT and agreement with Tristar in preparation for conference call with tristar to provide update. Emails with Tristar regarding conference call. 2.50 JAC Research and prepare for updating Commission regarding case issues and settlement proposals; review coverage issues with Gal Betesh and follow up with Julie Oldbury 1.30 07/23/2021 GB Reviewed red light camera videos in preparation for trial. 1.80 07/29/2021 JAC Telephone conference with tri-star representatives; follow up regarding case status and post mediation 1.20 GB Participated in and prepared for telephone conference call with JAC, City and Tristar regarding case. Emails with tristar regarding follow up call and additional information to analyze case. Research regarding judge and jurisdiction. 2.70 FOR CURRENT SERVICES RENDERED 41.90 8,589.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 8.40 $205.00 $1,722.00 MICHAEL D. CIRULLO 0.40 205.00 82.00 GAL BETESH 33.10 205.00 6,785.50 07/20/2021 Mayans Mediation &Arbitration - Invoice 2069 562.50 07/22/2021 Prestige Reporting Service - Invoice 105291 540.00 Depo 1,102.50 TOTAL ADVANCES THRU 07/31/2021 1,102.50 TOTAL CURRENT WORK 9,692.00 BALANCE DUE $9,692.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 102 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905347 Boynton Beach FL 33435 STATEMENT NO: 36994 Attn: Lynn Swanson adv. Benitez, Antonio (Park Injuries) Billing Category: 18- RLO Claim#0014700000452GB HOURS 07/06/2021 GB Telephone conference call with City regarding claim and discovery. 0.20 07/09/2021 GB Telephone conference call with City regarding discovery responses. Began drafting responses to Plaintiff's first set of discovery. Legal research regarding maximum amount of interrogatories allowed. 4.00 07/12/2021 GB Finalized discovery responses. Email to City regarding review and signing interrogatories. 0.70 07/20/2021 MDC Confer with Gal Betesh on Dismissal, sovereign immunity notice requirement and deadlines to correct, review associated cases. 0.30 GB Meeting with MDC regarding Motion to Dismiss hearing. Legal research regarding dismissal with prejudice for failure to send statutory required notice within 3 years. 1.20 07/21/2021 GB Drafted memorandum of law in support for Motion to Dismiss. Emails with the Judge regarding upcoming hearing on Motion to Dismiss and relevant case law. 2.30 07/23/2021 JAC Review amended complaint and case file 0.80 GB Prepared for and attended Motion to Dismiss hearing. Emails with opposing counsel regarding proposed order on City's Motion to Dismiss Plaintiff's Revised Amended Complaint. Drafted and submitted Order to Judge for signature. Legal research for possible affirmative defenses and began drafting initial tristar report. 3.20 FOR CURRENT SERVICES RENDERED 12.70 2,603.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $205.00 $164.00 MICHAEL D. CIRULLO 0.30 205.00 61.50 GAL BETESH 11.60 205.00 2,378.00 Page 103 of 973 Page: 2 CITY OF BOYNTON BEACH 08/03/2021 ACCOUNT NO: 306-9905347 STATEMENT NO: 36994 adv. Benitez, Antonio (Park Injuries) 07/23/2021 Prestige Reporting Service - Invoice 105304 115.00 Depo 115.00 TOTAL ADVANCES THRU 07/31/2021 115.00 TOTAL CURRENT WORK 2,718.50 BALANCE DUE $2,718.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 104 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905360 Boynton Beach FL 33435 STATEMENT NO: 36995 Attn: Lynn Swanson adv. Cain, Courtney Billing Category: 18- RLO Claim#001470001005EP HOURS 07/09/2021 GB Email and telephone conference call with opposing counsel regarding City's Motion to Compel. 0.40 07/12/2021 GB Emails with opposing counsel regarding City's Motion to Compel and upcoming hearing. Reviewed Judge's instruction regarding canceling hearing upon agreed order. Edits to proposed agreed order granting City's Motion. 0.60 07/22/2021 JAC Review discovery and status of pleadings; discuss with assistant City Attorney, discuss with Manager 0.70 FOR CURRENT SERVICES RENDERED 1.70 348.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.70 $205.00 $143.50 GAL BETESH 1.00 205.00 205.00 TOTAL CURRENT WORK 348.50 BALANCE DUE $348.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 105 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905369 Boynton Beach FL 33435 STATEMENT NO: 36996 Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18- RLO Claim#19754303 06/18/2021 Compass Investigations - Invoice 2021004515 40.00 Depo 40.00 TOTAL ADVANCES THRU 07/31/2021 40.00 TOTAL CURRENT WORK 40.00 BALANCE DUE $40.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 106 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905421 Boynton Beach FL 33435 STATEMENT NO: 36997 Attn: Lynn Swanson adv. McFadden, Patrick (K9 Injuries) Billing Category: 18- RLO Claim#19779868 HOURS 07/06/2021 GB Reviewed Plaintiffs response in opposition to City's Motion for Summary Judgment and Plaitniffs Statement of Material Facts in Opposition to City's Statement of Material Facts and conducted legal research and record research regarding all claims made therein in preparation to file a reply thereto. 2.00 07/08/2021 GB Continued working on Reply to Plaintiffs Statement of Material Facts in Opposition to City's Statement of Material Facts in Support of Motion for Summary Judgment. 1.00 07/09/2021 GB Continued legal research and drafting Reply to Motion for Summary Judgment and to Statement of Material Facts. 2.00 07/12/2021 GB Finalized Reply in to Plaintiffs Response in Opposition to City's Motion for Summary Judgment and Reply to Plaintiffs Statement of Material Facts. 3.60 FOR CURRENT SERVICES RENDERED 8.60 1,763.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 8.60 $205.00 $1,763.00 05/12/2021 U. S. Legal Support, Inc. - 120613677 291.80 05/17/2021 U. S. Legal Support, Inc. - Invoice 120615334 412.10 05/17/2021 U. S. Legal Support, Inc. - 120615501 332.80 05/24/2021 U. S. Legal Support, Inc. - Invoice 120618616 547.00 05/24/2021 U. S. Legal Support, Inc. - Invoice 120618606 155.00 05/26/2021 U. S. Legal Support, Inc. - Invoice 120619571 155.00 06/15/2021 U. S. Legal Support, Inc. - Invoice 120627154 155.00 06/30/2021 Prestige Reporting Service - Invoice 105088 540.00 Depo 2,588.70 TOTAL ADVANCES THRU 07/31/2021 2,588.70 Page 107 of 973 Page: 2 CITY OF BOYNTON BEACH 08/03/2021 ACCOUNT NO: 306-9905421 STATEMENT NO: 36997 adv. McFadden, Patrick (K9 Injuries) TOTAL CURRENT WORK 4,351.70 BALANCE DUE $4,351.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 108 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905423 Boynton Beach FL 33435 STATEMENT NO: 36998 Attn: Lynn Swanson adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit Billing Category: 18- RLO Claim#19780873 HOURS 07/07/2021 GB Email to opposing counsel conferring in good faith regarding relief sought in City's Motion Seeking Entry of a Judgment. 0.10 07/09/2021 GB Email to opposing counsel following up on good faith conference. 0.10 07/12/2021 GB Email to opposing counsel regarding attempt to confer in good faith regarding relief sought in MOtion Seeking Entry of Judgment. 0.10 07/28/2021 MDC Review Court filings and status of Appeal. 0.20 FOR CURRENT SERVICES RENDERED 0.50 102.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.20 $205.00 $41.00 GAL BETESH 0.30 205.00 61.50 TOTAL CURRENT WORK 102.50 BALANCE DUE $102.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 109 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905459 Boynton Beach FL 33435 STATEMENT NO: 36999 Attn: Lynn Swanson adv. Cantrell, Wanda (Trip and Fall) Billing Category: 18- RLO Claim#20805293 HOURS 07/06/2021 GB Telephone conference call with City regarding claim status and additional information needed from claimant to assess liability. 0.20 07/27/2021 GB Telephone conference call with email with City regarding claim, tristar's finding and recommendation and strategy moving forward. 0.40 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 110 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905480 Boynton Beach FL 33435 STATEMENT NO: 37000 Attn: Lynn Swanson adv. Bible Church of God (Property Damage/Fiber Optic Cable) Billing Category: 18- RLO Claim#19792048 HOURS 07/07/2021 GB Telephone conference call with City regarding Bible Church of God insurance policy. Reviewed file in preparation of drafting bad faith claim against Bible Church of God's insurance company. 0.30 07/08/2021 GB Finalized bad faith claim against Bible Church of God's insurance company and submitted claim. Email to City copy of claim for records. 1.60 07/09/2021 GB Telephone conference call with City regarding documents supporting damages requested by Lisa Cohen and invoices supporting City's Purchase Orders. Email to Lisa Cohen attaching documents and requesting insurance policy. 0.60 07/29/2021 GB Emails and telephone conference call with Lisa Cohen regarding claim. Emails with City regarding update from Lisa Cohen. 0.70 07/30/2021 DS Reviewed and revised capacity general release. 0.50 FOR CURRENT SERVICES RENDERED 3.70 758.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DANIELLE SCHWABE 0.50 $205.00 $102.50 GAL BETESH 3.20 205.00 656.00 TOTAL CURRENT WORK 758.50 BALANCE DUE $758.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 111 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905498 Boynton Beach FL 33435 STATEMENT NO: 37001 Attn: Lynn Swanson adv. Clemons, Latosha (Personal Injury Injury from a Public Art Mural and It's Unveiling) Billing Category: 18- RLO Claim#20820231 HOURS 07/08/2021 JAC Review case management order and related pleadings 0.40 07/13/2021 GB Reviewed proposed agreed case management plan. Email to opposing counsel regarding proposed plan. 0.20 07/15/2021 GB Emails with City regarding discovery, Emails with opposing counsel regarding discovery. Legal research regarding filing discovery requests. Reviewed and began working on responses to Plaintiffs discovery requests. 1.60 07/20/2021 GB Emails with the City regarding documents needed in response to Plaintiffs First Request for Production. Began reviewing Art Commission agenda and minutes from relevant time period. Telephone conference call with City regarding interrogatories. 1.90 07/28/2021 GB Reviewed emails and documents from City in response to Plaintiff's First Request for Production. 1.60 FOR CURRENT SERVICES RENDERED 5.70 1,168.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.40 $205.00 $82.00 GAL BETESH 5.30 205.00 1,086.50 TOTAL CURRENT WORK 1,168.50 BALANCE DUE $1,168.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 112 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905553 Boynton Beach FL 33435 STATEMENT NO: 37002 Attn: Lynn Swanson adv. Miley, Cynthia and McCormick, LaToya (MVA COBB Utility Vehicle#2150 jumped curb and hit parked car of Cynthia Billing Category: 18- RLO Claim#21844057 HOURS 07/06/2021 GB Emails with City regarding claim and conversations with claimant's attorney. Telephone conference call with claimant's attorney regarding claim and inspection of vehicle involved. 0.60 07/14/2021 GB Telephone conference call with attorney Troy Fleming on behalf of claimant K Mandi. Email to City regarding conversation with attorney Fleming. Legal research regarding risk management exemption in response to attorney Fleming's public records request. 1.40 07/15/2021 GB Telephone conference call with City regarding public records request and risk management exemption to public records request. Emails with Troy Flemings (requestor) regarding overbroad request. Emails to City Clerk regarding request. 0.60 07/21/2021 GB Legal research and meeting with BJS Regarding public records request and vehicle owner's manual. 1.30 FOR CURRENT SERVICES RENDERED 3.90 799.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 3.90 $205.00 $799.50 TOTAL CURRENT WORK 799.50 BALANCE DUE $799.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 113 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905578 Boynton Beach FL 33435 STATEMENT NO: 37003 Attn: Lynn Swanson adv. Dauss, Scott (bicycling accident) Billing Category: 18- RLO Claim#21855921 HOURS 07/22/2021 GB Reviewed case file and update from City. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 114 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-0005370 Boynton Beach FL 33435 STATEMENT NO: 37005 Attn: Lynn Swanson Special Fire Assessment HOURS 07/01/2021 MDC Continue preparing and revising Preliminary Resolution. 0.90 07/05/2021 MDC Continue preparing and revising preliminary resolution. 0.70 07/06/2021 MDC Follow up on status of resolution. 0.20 JAC Continue prop regarding annual fire assessment implementation resolution; Update caselaw research regarding assessment challenges 1.70 07/07/2021 MDC Follow up on City review of resolution. 0.20 JAC Review status of annual fire assessment renewal and related resolution and underline assessment ordinance; prep for budget workshop hearing regarding same 1.50 07/08/2021 JAC Review draft sent original connecting ordinance for discussion with City Manager, Finance Director, and possible presentation of commission meeting 1.80 07/15/2021 MDC Review form of published notice, telephone conference call with Lynn Swanson concerning comments on notice. 0.20 FOR CURRENT SERVICES RENDERED 7.20 1,476.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 5.00 $205.00 $1,025.00 MICHAEL D. CIRULLO 2.20 205.00 451.00 Photocopies 16.10 TOTAL EXPENSES THRU 07/31/2021 16.10 TOTAL CURRENT WORK 1,492.10 BALANCE DUE $1,492.10 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 115 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-0603180 Boynton Beach FL 33435 STATEMENT NO: 37006 Attn: Lynn Swanson LABOR- General HOURS 07/01/2021 SHB Receive and review correspondence re: employee resignation; follow up with Oldbury. Telephone conference with Oldbury. 0.60 07/08/2021 SHB Various correspondence and telephone conference with Oldbury re: employee leave and disability matters. 0.50 07/09/2021 SHB Receive and review employee complaint. Review correspondence re: leave matters and follow up with Oldbury. 1.00 07/14/2021 SHB Receive and review documents re: employee leave matters; discuss with Oldbury. 0.90 07/15/2021 SHB Follow up with Goodrich and Oldbury re: veterans preference matters. 0.10 07/20/2021 SHB Review statute and legislative history re: veterans preference matters. Review sample job description. Attend meeting with LL, JO, and DG re: veteran's preference requirements. 1.50 07/21/2021 SHB Telephone conference with Oldbury re: summer camp matters. 0.10 FOR CURRENT SERVICES RENDERED 4.70 963.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 4.70 $205.00 $963.50 TOTAL CURRENT WORK 963.50 BALANCE DUE $963.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 116 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-0806020 Boynton Beach FL 33435 STATEMENT NO: 37007 Attn: Lynn Swanson Red Light Cameras HOURS 07/30/2021 SHB Review and approve NOls. 0.50 FOR CURRENT SERVICES RENDERED 0.50 102.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.50 $205.00 $102.50 TOTAL CURRENT WORK 102.50 BALANCE DUE $102.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 117 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-0900350 Boynton Beach FL 33435 STATEMENT NO: 37008 Attn: Lynn Swanson adv. Norelus, Iglad (HSBC Bank) HOURS 07/22/2021 SHB Receive and review suggestion of bankruptcy. Follow up with City re: pending liens and enforcement action. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 118 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9001821 Boynton Beach FL 33435 STATEMENT NO: 37009 Attn: Lynn Swanson General Matters HOURS 07/01/2021 SMS Review and research related to HB 403 questions posed by staff. 0.40 BJS Draft follow up correspondence re: Colunga, draft follow up correspondence re: Mobile Food Vendors 0.30 JAC Telephone conference with Ben and Williamson regarding PBC fire Station number 40 water agreement; follow up call with Joseph Paterniti regarding Ocean Ridge infrastructure ownership issues; miscellaneous research regarding same;Review monument ordinance; 4.00 SHB Review status of Governor's approval or veto of bills from legislative session; update spreadsheet. Review memo re: SB 912 and discuss with QEM. Review and revise various legislative memos. Follow up with HR re: public records and subpoena matters. 1.00 07/02/2021 BJS Telephone call with Saleica Brown re: Mobile Food Vendors and follow up legal research, legal research and follow up re: Fuel Retailer Preemption, telephone call with Mike Rumpf and draft follow up correspondence. 2.50 JAC Review documents; follow up research; review and prepare issuer's counsel opinion letter; review correspondence; call to LL 3.00 SHB Review and revise memos re: police-related legislation arising from 2021 legislative session. 0.60 07/06/2021 SMS Review of Grant Agreement for FAU; Correspondences related to HB 403 and question posed by staff. 1.20 BJS Follow up re: State v. Colunga, Follow up re: Mobile Food Vendors 0.30 JAC Office of ministration issues; prep for, attend, follow up silly commission meeting; research regarding legislative action concerning home-based businesses; 5.50 07/07/2021 HN Email to JAC regarding sign ordinance. 0.10 BJS Research re: Fire Inspections/Mobile Food VEndors and draft follow up correspondence to Saleica Brown 0.90 JAC Conference call with Danielle Swabe and Mike Cirullo regarding palmar and bamboo sewer service connections; follow up research and re-draft code section; preparation for budget hearings; review sign code draft;Research regarding ARPA premium paint issue; review textile collection franchise termination provision; discussed same with Finance director; 3.80 SHB Review and revise legislative memoranda (912, 735, 663, 401). 0.30 SMS Review and draft of proposed response to staff related to Legislation Memorandums; Additional correspondences and review with risk department related to public entity indemnification and insurance requirements. 1.80 Page 119 of 973 Page: 2 CITY OF BOYNTON BEACH 08/03/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 37009 General Matters HOURS 07/08/2021 QEM Review and evaluation of Urban Youth Impact request for facility use. 1.00 SMS Correspondence with FAU's attorney and review related to indemnification language and public entities; Correspondences with risk management related to indemnification and insurance language for public entities. 0.80 JAC Review status of sewer connections; review and revise code sections regarding mandatory connection and discontinuation of service; legal research regarding same; review art advisory board agenda; check on status of canal special assessment resolutions and back up materials 4.90 07/09/2021 QEM Begin work on preparation of facility use agreement for Urban Youth Impact. 0.80 SHB Review and revise various legislative memoranda re: code, land use, and permitting matters. 0.30 JAC Finalize opinion letter for utility bond refinancing; correspond with Mark Raymond; review pending department assignments; research regarding mobility ordinance draft; review annual ship; Discuss Police Department compliance and investigation methodology with LL and with Shana Bridgeman; review school district policing agreement; 6.00 07/12/2021 QEM Finalize draft agreement for Urban Youth Impact; transmit to Mr. Young for review. 1.80 QEM Begin review of JJKane LOA matter. 0.40 SMS Calls, correspondences and revisions to Grant Agreement with Tech Runway; Review of Final Public Storage Easement. 1.20 JAC On site preparation for budget workshop meetings; review miscellaneous pending departmental issues; attend budget workshop meeting; telephone conference regarding mobility with staff and consultants; miscellaneous follow up research regarding miscible mobility fear issues; 14.50 07/13/2021 GB Telephone conference call with City Clerk regarding public records request. Reviewed Gregory Mola file to for confidentiality or protective order regarding dr. roush's deposition transcript for public records request. 0.30 HN Email to Adam Temple regarding the sign code ordinance. Review of JAC comments on sign ordinance. Edits to ordinance. Reviewed every section reference in ordinance and checked to make sure it did not change based on language added. Discussion with Adam Temple regarding pending matters and sign code ordinance. 3.80 QEM Finalize review of JJKane LOA; preparation of revised correspondence to implement the Agreement and transmit to staff for use. 1.80 JAC Prepare for and attend day two city commission budget workshop; follow up notations and preparation regarding assessments and departmental budget; review pending agenda items submitted by staff; review utility department communications regarding contracts; follow up review for utility bond refunding; finalize opinion as issuer's counsel; listen to CRA meeting regarding downtown projects 8.70 SMS Review revised Public Storage Easements; Calls and correspondences with staff and review of FAU Tech Runway Program Agenda items; Review correspondence related to HB 401 questions posed by staff; Review of scope of work provided by Tech Runway for Grant Agreement. 1.70 SHB Laurore code violations: Follow up with HN and Temple re: status of pending code case and magistrate hearing. 0.30 07/14/2021 SMS Review of HB 401 related to question posed by staff; Call with staff to discuss Lease and Grant Agreement Resolutions. 0.70 Page 120 of 973 Page: 3 CITY OF BOYNTON BEACH 08/03/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 37009 General Matters HOURS HN Phone conference with Mike Rumpf and Adam Temple to go through comments on ordinance. 1.30 JAC Commission budget workshop meeting follow up; preparation regarding assessments; agenda item review; review contract with Florida Department of Health, amendment number two; follow up with Lynn Swanson regarding supervisor of elections related resolutions for agenda; follow up regarding monument policy ordinance/review transcript and listen to audio of commission meeting regarding same; research regarding mobility/transportation conferences and staff meetings; continue notation of parks ordinance revisions;Telephone conference with Christy Goddeau regarding Ocean Ridge utility infrastructure ownership issue; review documents regarding same 6.70 SHB Review and revise additional legislative memoranda. Finalize and send memo re: SB 922. 0.50 07/15/2021 QEM Review and evaluation of email and comments from Mr. Young re: Urban Youth Impact Agreement. 0.80 SMS Calls, correspondences, and revisions related to Lease and Grant Agreement with Tech Runway; Review of Agenda item for Grant Agreement with Tech Runway; Correspondences with Risk Department related to Indemnification Language. 1.20 JAC Continue agenda review and preparation; 3.40 07/16/2021 HN Review of sign ordinance and edits based on JAC comments and discussion with Mike Rumpf. Edits to ordinance. Email to Mike Rumpf cc Adam Temple and Lynn Swanson with most recent draft. 0.70 JAC On-site review of pending matters in assignments with Lynn Swanson; general office administration issues; call with Clerk regarding authority of Mayor to sign documents; follow up regarding canal maintenance assessment 2.80 SMS Review of HB 401 and response to staff based on posed questions; Correspondences related to agenda item for FAU Lease and Grant Agreement. 0.40 07/19/2021 HN Email exchange with Lori LaVerriere re: 504 NW 12th Ave. Left voice message for Adam Temple. Phone discussion with Tanya Guim. Review of Mike Rumpf's question relating to expanding obscenity definition in the sign ordinance. Research on westlaw relating to the 1 st amendment and language on signs. Review of recent Wilton Manor ordinance adding language relating to obscene language on signs. Email response to Mike Rumpf. 1.20 JAC On-site staff meeting; attend leadership team meeting by zoom; office administration issues including final review and final destruction issues; research regarding premium pay and American rescue plan;Review Saint Mark response to land swap issue; review treasury.com compliance and reporting guidance documents; review status of Ho injunction case;Review correspondence from Mark Broderick regarding fire station 40 water service agreement 5.50 07/20/2021 GB Emails with City regarding subpoena Regarding Former Employee: Yaeger, Jason. Left voicemail and sent email to attorney who issued subpoena (Micheal Dyer). 0.30 HN Review of email from Mike Rumpf regarding sign ordinance. Edit to ordinance. 0.20 Page 121 of 973 Page: 4 CITY OF BOYNTON BEACH 08/03/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 37009 General Matters HOURS SMS Review Bill of Sale and Easement for School Board Project and related correspondences. 0.50 JAC Review Leisureville LOI and follow up review of previous land sale issues;Per for, attend commission meeting, and follow up on meeting raised issues 4.50 JAC City commission meeting follow up with Lynn Swanson and assistant City Attorneys; Review ground lease transfer and assignment request; file research regarding same; research regarding Palm Beach Gardens litigation with county concerning mobility fees; online research regarding municipal mobility plan and fee process; 4.00 07/21/2021 SMS Review of Franchise Agreements based on questions posed for right of way; Review First Amendment and Amended and Restated ILA with the County on Microwave System from Tower on City property. 1.90 GB Telephone conference call with City regarding fall at senior center. 0.30 JAC Document review and follow up regarding utility bond series 2021A; City commission meeting follow up with Lynn Swanson and assistant City Attorney's; review public records request; review cyber security issue; review chapter 13 bankruptcy impact foreclosures with HN & KE; Update review of procedures for COVID-19 vaccination and facemask issues as a result of increase in exposures; 3.80 07/22/2021 SHB Review and revise Morris & McDaniel consultant agreement and follow up with City. 0.70 HN Researching of westlaw and review of other municipal codes and ordinances of expansion on obscene signs. 0.80 GB Telephone conference call with attorney that issued the subpoena regarding Yaeger. Email to City regarding extension and deposition. Email to attorney summarizing the conversation. 0.30 SMS Correspondences and review related to Franchise Agreements. 0.60 07/23/2021 SMS Correspondences and review of Microwave Radio Agreement and related insurance provisions. 0.70 JAC Review and approve pending staff items for city commission meeting; review PPR regarding town square and respond to City Clark; call from attorney regarding hiring conflict of interest letter; review temporary employment agreement; Follow up with attorneys and staff regarding inclusion of construction cost billing on utility bills; notate utility code for discussion of amendments; notate parks and recreation provisions of code for discussion with KY 4.80 SHB Revise and send updated memo re: HB 7051. 0.30 07/26/2021 HN Left voice message for Mike Rumpf regarding sign code ordinance. 0.10 DS Reviewed Scope of Services for Solar PV Feasibility Assessment and related Alliance for Sustainable Energy LLC documents. Drafted Addendum to SLT Technical Support Services. 1.80 JAC Preparation regarding city commission agenda items; review City Attorney budget issues; review records regarding do use of grant funds and formation of committee; review unclaimed property disposition issue with Brian Sherman; follow up with Clark regarding mobility public meeting issue; 3.50 SMS Correspondence and review related to Water Line Easement and indemnification issues and review of revised language. 0.40 SHB Review and revise additional legislative memoranda arising from 2021 legislative session. 0.30 Page 122 of 973 Page: 5 CITY OF BOYNTON BEACH 08/03/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 37009 General Matters HOURS 07/27/2021 HN Email exchange with Mike Rumpf regarding sign ordinance. 0.10 QEM Review and respond to staff re: NREL Technical Services Agreement. 1.90 SMS Review and call related to Hold Harmless Agreement with School Board and related language; Correspondences related to ILA with Delray Beach and Signatures. 1.30 QEM Review of update from staff re: facility use agreement at City park facilities. 0.20 JAC Review, modified, research and approve agenda items; review axon agreement; review in preparation regarding affordable housing committee and reinstatement to qualify for state funding; follow up regarding re-implementation of masking; Review governors orders and CDC guidelines; discuss with LL; review assistance City Attorney assignments on non-litigation matters and follow up email reviews 5.20 SHB Receive, review, and revise agreement for PD training with Fair and Impartial Policing LLC. Discuss HR training matters with JAC. Discuss PRR matters with JAC and Gibson. 2.00 07/28/2021 QEM Review and edit Urban Youth Impact- Facility Use Agreement based on additional comments from staff; transmit revised document to Mr. Young. 0.60 DJD Address assignment of Ground Lease with Quentin Morgan. 0.80 JAC Conference call regarding CDC guidelines, mandatory mask policy, enforcement policy, follow up research regarding same; review employment letter EK; follow up regarding quantum ground lease; review employment letter Rumpf; Continue review of city commission meeting agenda items; 5.20 SHB Receive and review updated CDC guidelines for fully vaccinated people. Transmit update to City for review. Meeting with LL and leadership team re: masking policy for facilities, employees, and patrons. Telephone conference with Laverriere re: letter to employees. 1.50 SMS Correspondences on execution of ILA with Delray Beach. 0.20 07/29/2021 SHB Various correspondence and discussion with City and JAC re: mask mandate and enforcement. Review information re: Governor's response to mask mandates. Receive and review inquiry re chronic nuisance matters; research re: trespass enforcement. Follow up with Cafaro. 2.50 07/30/2021 JAC Attend conference regarding mobility fee ordinance and program; follow up research regarding same; review final commission meeting agenda and prepare for meeting 5.50 SHB Review and revise Axon agreement. 2.00 FOR CURRENT SERVICES RENDERED 158.00 18,385.92 TOTAL CURRENT WORK 18,385.92 BALANCE DUE $18,385.92 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 123 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9304150 Boynton Beach FL 33435 STATEMENT NO: 37010 Attn: Lynn Swanson Bankruptcy HOURS 07/23/2021 KLE Email from and to Lynn Swanson re: bank of ny mellon trust. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KERRY L. EZROL 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 124 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9904950 Boynton Beach FL 33435 STATEMENT NO: 37011 Attn: Lynn Swanson Litigation Miscellaneous HOURS 07/22/2021 BJS Follow up re: FUnds in Evidence and research 0.50 JAC Review status of all pending toward defense cases in foreclosure cases; audit pleadings and discuss issues with assistance CityAttorneys; review forfeited property issues; review disposition of evidence issue 3.00 07/23/2021 BJS Telephone call with Greg Cafaro re: Funds in Evidence 0.40 07/26/2021 BJS Legal research re: Return of Evidence, telephone cal with JAC and follow up 1.20 07/29/2021 BJS Draft correspondence update with additional legal research re: Disposition of Property 1.30 07/30/2021 BJS Review and revise update correspondence to JGH with legal research re:: Disposal of Property 0.60 FOR CURRENT SERVICES RENDERED 7.00 1,435.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 3.00 $205.00 $615.00 BRIAN J. SHERMAN 4.00 205.00 820.00 TOTAL CURRENT WORK 1,435.00 BALANCE DUE $1,435.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 125 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905248 Boynton Beach FL 33435 STATEMENT NO: 37012 Attn: Lynn Swanson Purchase of Parry Village Utility System HOURS 07/16/2021 PE Looked up 69 cases on the clerk website, sorted and organized subpoenas for 8/10/2021 hearing. 5.00 07/19/2021 PE Updated tracking log, updated SHB calendar, looked up notices on clerks website. 2.60 07/25/2021 PE Sort organized and prepared notices for 8/10/2021 hearing. 4.00 07/30/2021 PE Sort organized and prepared 30 notices for 8/10/2021 hearing, converted to PDF/A for SHB approval. 6.50 FOR CURRENT SERVICES RENDERED 18.10 2,262.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL PATRICIA EUGENE 18.10 $125.00 $2,262.50 TOTAL CURRENT WORK 2,262.50 BALANCE DUE $2,262.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 126 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905263 Boynton Beach FL 33435 STATEMENT NO: 37013 Attn: Lynn Swanson Town Square Development HOURS 07/02/2021 DJD Review final completion certificates. 0.60 07/15/2021 JAC Review media coverage of project; miscellaneous calls and follow up regarding same; prepare for conference with commissioner 2.30 07/16/2021 JAC Conference with CityManager and city commissioner regarding project status and media coverage; Follow up regarding same 2.00 FOR CURRENT SERVICES RENDERED 4.90 1,004.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 4.30 $205.00 $881.50 D.J. DOODY 0.60 205.00 123.00 Photocopies 20.30 TOTAL EXPENSES THRU 07/31/2021 20.30 TOTAL CURRENT WORK 1,024.80 BALANCE DUE $1,024.80 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 127 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905279 Boynton Beach FL 33435 STATEMENT NO: 37014 Attn: Lynn Swanson adv. Po Ying Sem, Trustee of the Po Ying Sem Trust (Stanley, Edmund) HOURS 07/22/2021 SHB Receive and review Amended Final Judgment of Foreclosure; calendar sale date. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 128 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905322 Boynton Beach FL 33435 STATEMENT NO: 37015 Attn: Lynn Swanson adv. The Bank of NY Mellon Trust Co., et., al. (Naurelus, Iglad, et., al.) HOURS 07/21/2021 SHB Receive and review Notice of Sale. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 129 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905357 Boynton Beach FL 33435 STATEMENT NO: 37016 Attn: Lynn Swanson adv. Cain, Courtney (Labor) HOURS 07/27/2021 GB Prepared for and attended pre-deposition meeting with City witnesses. 4.00 FOR CURRENT SERVICES RENDERED 4.00 820.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 4.00 $205.00 $820.00 TOTAL CURRENT WORK 820.00 BALANCE DUE $820.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 130 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905401 Boynton Beach FL 33435 STATEMENT NO: 37017 Attn: Lynn Swanson adv. 534 NW 5th, LLC (Complaint to Quiet Title) HOURS 07/14/2021 SHB Receive and review correspondence from counsel re: lien reduction and lien release matters. Follow up with City re: status of release and update opposing counsel. 0.60 07/26/2021 SHB Follow up re: recording of lien release and contact opposing counsel re: dismissal of City form pending action. 0.30 FOR CURRENT SERVICES RENDERED 0.90 184.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.90 $205.00 $184.50 TOTAL CURRENT WORK 184.50 BALANCE DUE $184.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 131 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905420 Boynton Beach FL 33435 STATEMENT NO: 37018 Attn: Lynn Swanson V. Goldberg, Howard (Risk Protection Order) HOURS 07/14/2021 SHB Review file and follow up with Gorfido re: extension of RPO. 0.30 07/22/2021 SHB Prepare affidavit and motion to extend RPO and send to Gorfido for completion. 0.70 07/23/2021 SHB Follow up with JA re: hearing on motion to extend. 0.10 07/27/2021 SHB Various correspondence with JA re: hearing matters. Review 15th Circuit order re: in-person hearings. Prepare and file Motion to Attend by Zoom. 1.50 07/28/2021 SHB Hearing prep. Follow up with JA re: order setting hearing. Receive and review Order granting motion to appear by Zoom. Prepare Notice of Hearing. Assemble service package for and transmit to Gorfido. 1.50 FOR CURRENT SERVICES RENDERED 4.10 840.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 4.10 $205.00 $840.50 TOTAL CURRENT WORK 840.50 BALANCE DUE $840.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 132 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905430 Boynton Beach FL 33435 STATEMENT NO: 37019 Attn: Lynn Swanson Sale to FH Quantum, LLC - Portion of Water Management Tract"I" HOURS 07/28/2021 RLL Review request from Gavin Loughlin to assign Ground Lease dated December 6, 2019; review request from City to amend and assign Ground Lease dated November 6, 2019 and request further information from client. 0.60 07/29/2021 RLL Monitor emails on amendment to Ground Lease; telephone call to Lynn Swanson to discuss changes to be make to Andrew Mack's cover sheet for agenda. 0.40 FOR CURRENT SERVICES RENDERED 1.00 125.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RACHEL L LEACH 1.00 $125.00 $125.00 TOTAL CURRENT WORK 125.00 BALANCE DUE $125.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 133 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905432 Boynton Beach FL 33435 STATEMENT NO: 37020 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) HOURS 07/07/2021 HN Preparation for hearing on City's Motion for Summary Judgment on Monday. 1.00 07/08/2021 SHB Discuss case matters with HN. Follow up re: status of expiration of chronic nuisance agreement. 0.70 HN Discussions with Tanya Guim regarding nuisance abatement agreement. Discussions with SHB regarding defendant's motion in opposition to motion for summary judgment. Research related to mitigation and unrelated liens impacting foreclosure. Drafting reply. Meeting with MDC to discuss reply. Email exchanges with JA and Daniel Rose. Edits to Reply. Research relating to new federal summary judgment standard. Research related to requirements for alleging due process and bad faith. 7.20 MDC Meet with Heather Needelman, review Response to City's Motion for Summary Judgment and discuss Reply. 0.50 07/09/2021 MDC Review replay to response to City's Motion for Summary Judgment. 0.20 HN Revisions to Reply. Email to JAC with draft reply with exhibits. Discussion with JAC. Review of case law regarding what bad faith is in the context of affirmative defenses. Further preparation for hearing on Monday. 2.50 07/12/2021 HN Preparation and review of all pleadings in case and drafted statement to the court. Attendance of hearing on City's Motion for Summary Judgement and Default Final Judgment. Drafted final judgment. Email exchange with JAC. Email to Lori LaVerriere cc Adam Temple, Tanya Guim, Vestiguerne Pierre and Lynn Swanson. Phone discussion with JAC. Email to Daniel Rose with draft judgment. Review of email from Adam Temple, Tanya Guim and Lori. 4.90 JAC Review order on motion for summary judgment; discuss same with CityManager; discuss with Heather 0.80 07/13/2021 HN Drafted Notice of Sale. Edits to final judgment. Phone call to JA. 0.80 07/14/2021 HN Review of corrected judgment. Email to Lori cc Adam, Vestiguerne, Tanya,JAC and Lynn with the judgment and next steps as to the foreclosure sale. Research and review of Palm Beach County court and clerk procedure relating to foreclosure sales. Edits to Notice of sale. 1.50 07/19/2021 JAC Review possible bankruptcy filing by defendant and evaluate affect on foreclosure and foreclosure sale; follow up research 0.60 07/20/2021 MDC Review e-mail regarding potential bankruptcy, research and review cases regarding affect of bankruptcy on deadline to file appeal, confer with Page 134 of 973 Page: 2 CITY OF BOYNTON BEACH 08/03/2021 ACCOUNT NO: 306-9905432 STATEMENT NO: 37020 Laurore, Iva and Renan (Code/Foreclosure) HOURS Heather Needelman on potential requests for relief from a bankruptcy automatic stay. 0.80 HN Review of email from JAC re Harry Ross' phone call yesterday re: filing for bankruptcy. Review of case law emailed from MDC re: petition for bankruptcy voids a notice of appeal. Research relating to impacts on code lien by petitioning for bankruptcy. Reviewing history and related cases re: appeal being voided due to petition for bankruptcy. 2.50 KLE Conference with Heather Needelman re: impacts of bankruptcy on foreclosure. 0.30 07/21/2021 HN Email exchanges with KLE regarding bankruptcy impacts on judgment. Review of impacts of bankruptcy on judgment lien. Discussion with KLE to discuss impacts bankruptcy will have on the City's interest in the Judgment. Research as to when the merger occurs, is it when the judgment is entered or when the property is sold. Review of bankruptcy code as it relates to secured liens, unsecured liens, and judgement liens. 3.20 KLE Research, Conference with Heather Needelman re: impacts of bankruptcy on foreclosure. 1.10 07/22/2021 HN Review of the bankruptcy code and further review of of bankruptcy cases relating to in rem foreclosures and what is deemed a secured claim and an unsecured claim in the context of foreclosure judgment liens. Research relating to whether a final judgment of foreclosure can be recorded as a judgment lien against non-homestead property. Discussion with JAC. Email exchanges with KLE. Email to JAC cc KLE. 3.50 KLE Follow up conference with Heather Needelman, review additional research. 0.70 07/23/2021 HN Review of final judgment to be certified by the clerk of courts. Left a message for Lori LaVerriere. Review of email from the Palm Beach County Daily Business Review informing of date of publishing. 0.20 07/26/2021 HN Phone Discussion with Lori regarding possible outcomes of the bankruptcy on the City's interest. Email to JAC. Phone discussion with attorney Harry Ross. 0.40 07/28/2021 HN Review and edits of Adam Temple affidavit of City's address for recording judgment lien. Review of Section 55.10, Florida Statutes. Spoke with Ann from the Palm Beach County Clerk's office regarding our request for a certified copy of the final judgment. Review of the court docket. 0.30 FOR CURRENT SERVICES RENDERED 33.70 6,908.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.40 $205.00 $287.00 KERRY L. EZROL 2.10 205.00 430.50 MICHAEL D. CIRULLO 1.50 205.00 307.50 HEATHER NEEDELMAN 28.00 205.00 5,740.00 SHANA H. BRIDGEMAN 0.70 205.00 143.50 07/23/2021 Clerk of Court Palm Beach County- Certified copies of Final Judgment 6.00 Filing fee 6.00 Page 135 of 973 Page: 3 CITY OF BOYNTON BEACH 08/03/2021 ACCOUNT NO: 306-9905432 STATEMENT NO: 37020 Laurore, Iva and Renan (Code/Foreclosure) TOTAL ADVANCES THRU 07/31/2021 6.00 TOTAL CURRENT WORK 6,914.50 BALANCE DUE $6,914.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 136 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905433 Boynton Beach FL 33435 STATEMENT NO: 37021 Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) HOURS 07/13/2021 HN Drafting Vestiguerne Affidavit and Motion for Summary Judgment. Review of current status of liens provided by Tanya Guim. 1.20 07/15/2021 HN Edits to Affidavit for Vestiguerne Pierre. Edits to Motion for Summary Judgment. westlaw research as to what constitutes fraud. Request to get certified copies of liens. 3.30 07/16/2021 HN Phone discussion with Tanya Guim as to the notice of violation and hearing with proof of service, questions as to breakdowns of amounts owed, requests for other documents in preparation for filing motion for summary judgment. Review of draft affidavit for Vestiguerne Pierre and Motion for Summary Judgment. Review of certified copies of liens. 0.50 HN Further research as to what constitutes fraud and fraudulent liens. Edits to Motion for Summary Judgment addressing Wing Ho's affirmative defense of fraud. 1.20 07/19/2021 HN Review of City's Motions to Strike, review of Judge's order on City's Motion to Strike, edits to Motion for Summary Judgment. Review of documents sent by Tanya Guim. Response email to Tanya. 1.40 07/21/2021 HN Research relating to whether the legal description is controlling as to identification of property in the complaint. 2.40 07/22/2021 HN Edits of motion for summary judgment and research relating to claims of fraudulent liens and notices. 2.20 07/23/2021 HN Edits to motion for summary judgment. Research related to color of law affirmative defense. 0.80 07/28/2021 HN Edits to motion for summary judgment. Research as to elements of fabrication or if that is deemed the same as fraud. 1.20 07/30/2021 HN Edits to Vestiguerne Pierre's affidavit, review of notices of code and nuisance, email to Lynn Swanson with requests to have the clerk's office certify notices of violation and hearing for the 1 code case and 1 nusiance abatement case. Edits to Motion for Summary Judgment. Review of documents sent from Tanya Guim. Email exchange with Tanya Guim. 1.90 FOR CURRENT SERVICES RENDERED 16.10 3,300.50 Page 137 of 973 Page: 2 CITY OF BOYNTON BEACH 08/03/2021 ACCOUNT NO: 306-9905433 STATEMENT NO: 37021 v. Ho, Benjamin and Karen (Code/Foreclosure) RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 16.10 $205.00 $3,300.50 06/15/2021 Federal Express - Invoice 7-411-25367 17.17 Fed Ex 17.17 TOTAL ADVANCES THRU 07/31/2021 17.17 TOTAL CURRENT WORK 3,317.67 BALANCE DUE $3,317.67 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 138 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905475 Boynton Beach FL 33435 STATEMENT NO: 37022 Attn: Lynn Swanson Landfill Closure HOURS 07/23/2021 JAC Conference call regarding status of settlement with State; miscellaneous follow up rules review 0.80 FOR CURRENT SERVICES RENDERED 0.80 164.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $205.00 $164.00 TOTAL CURRENT WORK 164.00 BALANCE DUE $164.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 139 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905495 Boynton Beach FL 33435 STATEMENT NO: 37023 Attn: Lynn Swanson Bamboo/Palmer Special Assessment HOURS 07/06/2021 DS Reviewed code of ordinances. Revised draft letter to three outstanding properties. Discussed case law with MDC. 1.80 MDC Review status of response to letters, review City Code relating to water and sewer connection matters. 0.30 07/07/2021 MDC Review draft letter, associated materials, attend conference call. 0.20 DS Reviewed draft bamboo fed highway letter. Reviewed correspondence with 806 and 816 bamboo. Discussed next steps with M.D.C. and J.A.C. 0.90 07/19/2021 DS Drafted email re: status of communication with Bamboo/Fed Highway properties. 0.60 07/22/2021 DS Discussed next steps for 806 and 816 Bamboo and 3705 N Federal Hwy with Utility Department and JAC. Drafted email to Department re: charging accounts. 0.40 FOR CURRENT SERVICES RENDERED 4.20 861.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.50 $205.00 $102.50 DANIELLE SCHWABE 3.70 205.00 758.50 TOTAL CURRENT WORK 861.00 BALANCE DUE $861.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 140 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905512 Boynton Beach FL 33435 STATEMENT NO: 37024 Attn: Lynn Swanson adv. Sterling Village Condominium (Duperault, Don) HOURS 07/13/2021 SHB Coordinate Motion for Summary Judgment hearing date with opposing counsel. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 141 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905515 Boynton Beach FL 33435 STATEMENT NO: 37025 Attn: Lynn Swanson adv. DLJ Mortgage Capital (Prows, Maria) HOURS 07/13/2021 SHB Receive and review Certificate of Sale. Prepare claim notice. 0.30 07/20/2021 SHB Finalize and file Statement of Claim. 0.20 07/22/2021 SHB Receive and review suggestion of bankruptcy. Follow up with City re: pending liens and enforcement action. 0.20 FOR CURRENT SERVICES RENDERED 0.70 143.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.70 $205.00 $143.50 TOTAL CURRENT WORK 143.50 BALANCE DUE $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 142 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905525 Boynton Beach FL 33435 STATEMENT NO: 37026 Attn: Lynn Swanson v. JKM BTS CAPITAL, LLC (Declaratory Action) HOURS 07/07/2021 GB Emails and telephone conference call with Jones Foster regarding mediation meeting and supplementing responses to discovery. 0.40 07/08/2021 GB Meeting with City, JAC and Jones Foster regarding second mediation. Telephone conference calls and emails with mediator regarding second mediation. 1.30 07/13/2021 GB Reviewed and put together all exhibits listed in City's exhibit list and JKM's exhibit list in preparation for trial. Email to attorney O'Connor regarding exhibits. 3.50 07/14/2021 GB Town Square meeting with JAC and City. Continued reviewing and pulling exhibits from Defendant's exhibit list in preparation for trial. Email to attorney O'Connor re:: JKM's exhibit list. 2.40 07/16/2021 GB Emails with attorney O'Connor regarding deposition of Speciality Engineering. Emails and telephone conference calls with Speciality Engineering regarding deposition. Emails with opposing counsel regarding Speciality Engineering's deposition. Telephone conference call with City regarding Speciality Engineering's deposition. Prepared for Speciality Engineering's deposition. 1.60 07/19/2021 GB Telephone conference call with attorney O'Connor regarding supplementing exhibit list and discovery. Left voicemail and sent email to Josh Horning from Kimmly Horn regarding JKM's deposition request. Telephone conference call with City regarding depositions. Emails with attorney O'Connor regarding trial, discovery and supplementing exhibit list. Began drafting supplemental exhibit list and reviewing discovery for documents to be added to list.Attended meeting with Mayor regarding case update. 3.80 JAC Prepare for, conference with Mayor, and follow up regarding site plan submittal and settlement options 2.40 07/20/2021 GB Email to attorney OConnor regarding depositions. 0.10 JAC Site plan and mediation review conferences with Commissioners JK, CR, and TP 4.50 07/21/2021 GB Telephone conference call with Speciality Engineering regarding confirming that documents responsive to their subpoena will be produced tomorrow. Email to attorney O'Connor regarding Josh Horning's deposition. 0.30 07/22/2021 GB Telephone conference call with City regarding gas reliability letter and email Page 143 of 973 Page: 2 CITY OF BOYNTON BEACH 08/03/2021 ACCOUNT NO: 306-9905525 STATEMENT NO: 37026 v. JKM BTS CAPITAL, LLC (Declaratory Action) HOURS to attorney O'Connor regarding update. Reviewed JKM's Motion for Protective Order and trial Exhibit List and mail to attorney O'Connor regarding argument against JKM's Motion. Reviewed file and drafted supplemental Exhibit List. 4.00 07/26/2021 GB Telephone conference call with attorney O'Connor and non party witness David Bower regarding as builts. 0.40 JAC Follow up regarding records and discuss same with LL; emails with TB regarding mediation 1.20 07/27/2021 GB Telephone conference call and emails with City regarding Gas Reliability Letter. Telephone conference call and emails with JAC regarding gas reliability letter. Reviewed documents produced by FPU in response to Subpoena Duces Tecum. Telephone conference call with attorney O'Connor regarding FPU's production. Telephone conference call with JAC, Tom Baird and Joanne O'Connor regarding mediation. Edits to draft Stipulation for Settlement and email to co counsel regarding stipulation. 2.60 07/28/2021 JAC Review and revise draft settlement agreement related to mediation; follow up with LL regarding same 1.50 GB Reviewed all discovery responses and casefile and drafted supplemental trial Exhibit List. Email to David Bower regard progress as builts. 1.70 07/29/2021 JAC Prepare for, conference with Vice mayor and follow up re: mediation and town square options; Pull documents for use at mediation; review calendars regarding informational presentations 3.40 GB Continued reviewing all documents exchanged by parties and drafting Supplemental Exhibit List. Email to attorney O'Connor supplemental exhibit list. 3.10 07/30/2021 JAC Prepare for day two of Mediation 1.20 GB Emails with Joanne O'Connor regarding supplemental exhibit list and Haskell. 0.20 FOR CURRENT SERVICES RENDERED 39.60 8,118.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 14.20 $205.00 $2,911.00 GAL BETESH 25.40 205.00 5,207.00 TOTAL CURRENT WORK 8,118.00 BALANCE DUE $8,118.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 144 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905526 Boynton Beach FL 33435 STATEMENT NO: 37027 Attn: Lynn Swanson adv. US Bank (Colwell, Lucille) HOURS 07/22/2021 SHB Receive and review suggestion of bankruptcy. Follow up with City re: pending liens and enforcement action. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 145 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905528 Boynton Beach FL 33435 STATEMENT NO: 37028 Attn: Lynn Swanson Sara Sims Park Plat-examination of title to approve Plat HOURS 07/02/2021 MDC Prepare letters to descendents of sliver parcel. 0.20 07/07/2021 MDC Review and revise letters to heirs. 0.20 07/14/2021 MDC Telephone conference call with Evelyn Andrews; confer with Jim Cherof; coordinate response to her request for documents. 0.40 FOR CURRENT SERVICES RENDERED 0.80 164.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.80 $205.00 $164.00 Photocopies 7.00 TOTAL EXPENSES THRU 07/31/2021 7.00 TOTAL CURRENT WORK 171.00 BALANCE DUE $171.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 146 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905534 Boynton Beach FL 33435 STATEMENT NO: 37029 Attn: Lynn Swanson adv. Boynton Leisureville Community (Schmidt, Arthur) HOURS 07/23/2021 SHB Receive and review Motion to Schedule Hearing. Prepare and file updated statement of claim. 0.60 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 147 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905542 Boynton Beach FL 33435 STATEMENT NO: 37030 Attn: Lynn Swanson PBA Captains Unit Formation 2021 HOURS 07/02/2021 JAC Continue transcript review, notation for proposed recommended order, follow up with Julie O regarding comments 2.00 SHB Discuss case matters and post-hearing documents with JAC. 0.30 07/07/2021 JAC Preparation, transcript review, and draft city brief section 1.30 SHB Review pleadings and begin drafting post-hearing documents. 1.50 07/09/2021 SHB Research and drafting - post-hearing documents. 1.00 JAC Continue review of transcript and prep notations for preparation of closing brief; discussed same with Shana Bridgeman 1.80 07/12/2021 SHB Review transcript, research, and continue drafting post-hearing documents. 6.00 07/13/2021 JAC Review transcript and first draft of the proposed recommended order 2.00 SHB Research, drafting, and revision: Proposed Recommended Order. 3.00 07/14/2021 SHB Follow up re: filing of transcript into record. Continue drafting proposed recommended order. 1.50 07/15/2021 JAC Review draft proposed recommended order with Shana Bridgeman 1.50 SHB Prepare and file Notice of Filing Transcripts. Research, drafting, and revision: proposed recommended order. 3.00 07/16/2021 JAC Review and finalize cities proposed recommended order 1.50 SHB Discuss proposed recommended order with JAC. Revise, finalize, and file Proposed Recommended order. Receive and review proposed recommended order filed by PBA. 3.00 07/19/2021 JAC Forward and discuss briefs with CityManager; miscellaneous file research regarding unions brief issues 0.70 FOR CURRENT SERVICES RENDERED 30.10 6,170.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 10.80 $205.00 $2,214.00 SHANA H. BRIDGEMAN 19.30 205.00 3,956.50 Page 148 of 973 Page: 2 CITY OF BOYNTON BEACH 08/03/2021 ACCOUNT NO: 306-9905542 STATEMENT NO: 37030 PBA Captains Unit Formation 2021 Photocopies 8.40 TOTAL EXPENSES THRU 07/31/2021 8.40 TOTAL CURRENT WORK 6,178.90 BALANCE DUE $6,178.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 149 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905552 Boynton Beach FL 33435 STATEMENT NO: 37031 Attn: Lynn Swanson Canal Maintenance Special Assessment HOURS 07/01/2021 MDC Review map for publication, provide comments; follow up on status of assessment figures. 0.30 MDC Review updated map and information from utility department for assessment resolution. 0.20 07/02/2021 MDC Review revised Assessed Cost calculations and updated map of Assessed Properties. 0.20 07/06/2021 MDC Review updated materials on assessment rates and costs, revise resolution, telephone call with Jim Cherof,telephone call with Utility Department, send draft resolution to City for review (along with proposed appendices; telephone call with Joe Peterniti on revisions to resolution, make resolutions and forward to City. 1.60 JAC Continue review of staff information and documents related to calculation of assessment costs; research regarding administrative charges; discussed assessment with it MC 1.20 07/07/2021 JAC Preparation regarding resolution and details of canal assessment 1.00 07/20/2021 MDC Review published notice per City request. 0.20 FOR CURRENT SERVICES RENDERED 4.70 963.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 2.20 $205.00 $451.00 MICHAEL D. CIRULLO 2.50 205.00 512.50 Photocopies 23.45 TOTAL EXPENSES THRU 07/31/2021 23.45 TOTAL CURRENT WORK 986.95 BALANCE DUE $986.95 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 150 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905560 Boynton Beach FL 33435 STATEMENT NO: 37032 Attn: Lynn Swanson City of Boynton Beach, Beneficiary of the Estate of Bernard Winiker HOURS 07/12/2021 SMS Correspondences related to execution of consent to sale of property 0.20 07/13/2021 SMS Correspondences related to estate and execution of Consent. 0.20 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 151 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905567 Boynton Beach FL 33435 STATEMENT NO: 37033 Attn: Lynn Swanson adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) HOURS 07/07/2021 HN Review of court's paperless order to show cause. Discussion with GB. Email to MDC cc JAC and GB. 0.30 07/13/2021 HN Email exchanges with JAC regarding status of case and demolition. Discussion with Adam Temple as to status of case. Phone call discussion with John Kuntzman. Follow up email to JAC. 0.40 07/14/2021 GB Reviewed Plaintiffs Motion Showing Cause and Response to City's Motion to Dismiss. Telephone conference call with HN regarding Plaintiffs' Motion and Reply thereto. 0.50 HN Review of Plaintiffs' Response to City's Motion to Dismiss. Drafting Reply to Plaintiff's response. Research related to local rule 7.1, excusable neglect, and pleading facts not a part of the complaint. 3.10 07/15/2021 HN Drafted reply to Response to order to show cause. Legal research relating to including exhibit if plaintiff mentioned it in pleading and pleading facts outside the 4 corners of complaint. Email to GB for review. Email to JAC cc MDC and GB with draft reply. 3.90 GB Reviewed and edits to Plaintiffs Reply to City's Motion to Dismiss. 0.60 07/19/2021 HN Email to JAC cc MDC and GB regarding draft reply to Karen and Wing Ho's response to City's Motion to Dismiss Petition. Review of MDC edits and edits to Reply. 0.80 MDC Review materials, City's draft Reply to Plaintiffs Response to Order to Show Cause, provide comments and confer with Heather Needelman; review revised response. 0.70 07/20/2021 HN Review of Reply in final form before filing. Review of email to Karen and Wing Ho including City's reply. 0.30 07/21/2021 HN Email exchange with Lynn Swanson regarding demolition of subject property. Phone discussion with Lynn. Review of email from John Kuntzman and subsequent conversation with John. 0.40 FOR CURRENT SERVICES RENDERED 11.00 2,255.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.70 $205.00 $143.50 HEATHER NEEDELMAN 9.20 205.00 1,886.00 GAL BETESH 1.10 205.00 225.50 Page 152 of 973 Page: 2 CITY OF BOYNTON BEACH 08/03/2021 ACCOUNT NO: 306-9905567 STATEMENT NO: 37033 adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) 06/11/2021 Federal Express - Invoice 7-411-25367 20.38 Fed Ex 20.38 TOTAL ADVANCES THRU 07/31/2021 20.38 TOTAL CURRENT WORK 2,275.38 BALANCE DUE $2,275.38 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 153 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905569 Boynton Beach FL 33435 STATEMENT NO: 37034 Attn: Lynn Swanson adv. Deutsche Bank (Garza, Ruth) HOURS 07/01/2021 SHB Prepare and file Answer to Complaint. 0.80 FOR CURRENT SERVICES RENDERED 0.80 164.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.80 $205.00 $164.00 TOTAL CURRENT WORK 164.00 BALANCE DUE $164.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 154 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905571 Boynton Beach FL 33435 STATEMENT NO: 37035 Attn: Lynn Swanson adv. Newrez LLC (Norfus, Ricky 2021) HOURS 07/02/2021 SHB Receive and review Complaint; open new file. 0.60 07/13/2021 SHB Prepare and file Answer to Complaint. 0.80 FOR CURRENT SERVICES RENDERED 1.40 287.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.40 $205.00 $287.00 TOTAL CURRENT WORK 287.00 BALANCE DUE $287.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 155 of 973 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905572 Boynton Beach FL 33435 STATEMENT NO: 37036 Attn: Lynn Swanson adv. Webb, Jesse Rufus, Jr. (Forfeiture of$8,425) HOURS 07/02/2021 BJS Telephone call with Chief Snow and Tom D'Andrea re: Forfeiture and follow up 0.40 07/09/2021 BJS Review and revise Petition for Forfeiture, review City records and police reports, legal research and telephone call with Tom D'Andrea 4.50 07/12/2021 BJS Review reports provided, follow up re: Petition and filings fees, draft update correspondence to City staff 0.40 07/13/2021 BJS Telephone calls with Tom D'Andrea and follow up with staff re: reports, review correspondence re: Identifiable Currency 0.50 07/14/2021 BJS Review and final forfeiture complaint, draft and revise verified affidavit, follow up with the State Attorney's Office re: Lab Reports, telephone calls with Tom D'Andrea 2.00 07/19/2021 BJS Review and revise draft Motion for Probable Cause and request for Adversarial Preliminary hearing, follow up re: filings 2.50 07/21/2021 BJS Review draft orders re: Adversarial Preliminary Hearing and Motion for Probable Cause, follow up with the Court and staff re: hearing, telephone call with Webb, and follow up legal research 1.50 07/26/2021 BJS Review letter to Judge and follow up with Chief Snow 0.30 07/30/2021 BJS Draft follow up correspondence to City staff re: Case Status 0.50 FOR CURRENT SERVICES RENDERED 12.60 2,583.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SHERMAN 12.60 $205.00 $2,583.00 Photocopies 72.80 TOTAL EXPENSES THRU 07/31/2021 72.80 Page 156 of 973 Page: 2 CITY OF BOYNTON BEACH 08/03/2021 ACCOUNT NO: 306-9905572 STATEMENT NO: 37036 adv. Webb, Jesse Rufus, Jr. (Forfeiture of$8,425) 07/21/2021 Clerk of the Court- E-Filing - 130668750- Balance Due 16.00 Efiling 16.00 TOTAL ADVANCES THRU 07/31/2021 16.00 TOTAL CURRENT WORK 2,671.80 BALANCE DUE $2,671.80 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 157 of 973 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach August 17, 2021 Attn: claims@bbfl.us Bill No. 59594 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Geraci v. Zeller 19132 Adj: Julie Oldbury BILL FOR FEES AND COSTS THROUGH 07/31/21 PROFESSIONAL SERVICES Date Services Attorney Hours 07/12/21 Correspondence to Plaintiffs' counsel Eiss re: issues with LHR 0.30 depositions of Plaintiffs Sanford and Meredith Geraci and attempting to resolve same. 07/12/21 Receipt and review of email response from Plaintiffs' counsel LHR 0.30 Eiss re: acknowledging issues with depositions of Sanford and Meredith Geraci, his issues and position concerning same, and attempting to resolve same. 07/12/21 Preparation of second email to Plaintiffs' counsel Eiss re: LHR 0.20 continued attempts to resolve issues with depositions of Sanford and Meredith Geraci. 07/12/21 Receipt and review of second e-mail from Plaintiffs' counsel LHR 0.20 Eiss re: continued attempts to resolve issues with depositions of Sanford and Meredith Geraci. 07/13/21 Receipt and review of e-mail from Plaintiffs' counsel Eiss re: LHR 0.20 depositions of Plaintiffs Sanford Geraci and Meredith Geraci. 07/14/21 Preparation of e-mail to Plaintiffs counsel Eiss re: deposition of LHR 0.20 Meredith Geraci. 07/14/21 Receipt and review of email response from Plaintiffs' counsel LHR 0.20 Eiss re: depositions of Plaintiffs Sanford & Meredith Geraci. 07/15/21 Extensive telephone conference with Certified Foot and Ankle RKD 0.40 Specialists re: status of medical records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 07/16/21 Extensive telephone conference with Certified Foot and Ankle RKD 0.40 Specialists re: status of medical records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 07/26/21 Preparation of Defendant's Notice of Cancellation of Video LHR 0.20 Depositions of Sanford and Meredith Geraci. Page 158 of 973 Client: City of Boynton Beach August 17, 2021 Matter: 19132 - Geraci v. Zeller Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 07/26/21 Receipt and review of e-mail from Plaintiffs' counsel Eiss re: LHR 0.20 depositions of Plaintiffs Sanford & Meredith Geraci. 07/26/21 Preparation of Third Re-Notice of Taking Videotaped LHR 0.20 Deposition of Plaintiff Sanford Geraci. 07/26/21 Preparation of Second Re-Notice of Taking Videotaped LHR 0.20 Deposition of Plaintiff Meredith Geraci. 07/26/21 Preparation of e-mail to Capt. Matt Zeller re: cancellation of LHR 0.20 upcoming depositions of Plaintiffs Sanford and Meredith Geraci pursuant to his unavailability and Re-Notices of Taking Depositions of Plaintiffs. 07/26/21 Receipt and review of e-mail from insured Capt. Zeller re: LHR 0.20 upcoming depositions of Plaintiffs Sanford and Meredith Geraci and confirmation of his attendance at same here at our office. 07/26/21 Preparation of e-mail to Certified Foot and Ankle Specialists re: LHR 0.20 status of medical records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 07/29/21 Preparation of e-mail to Certified Foot and Ankle Specialists re: LHR 0.20 status of medical records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 07/29/21 Receipt and review of email response from Certified Foot and LHR 0.20 Ankle Specialists re: status of medical records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 07/30/21 Receipt and review of medical records from Certified Foot and LHR 0.50 Ankle Specialists pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 3.90 185.00 721.50 RKD Rebecca K. Davis, Paralegal 0.80 110.00 88.00 Total Professional Services 4.70 $809.50 DISBURSEMENTS Date Description Amount 07/23/21 Facsimile Fax to 305-468-4197. 12.00 Total Disbursements $12.00 Page 159 of 973 Client: City of Boynton Beach August 17, 2021 Matter: 19132 - Geraci v. Zeller Page 3 CURRENT BILL TOTAL AMOUNT DUE $ 821.50 Balance Forward: 1,397.50 Payments &Adjustments: -0.00 Total Due: $ 2,219.00 Page 160 of 973 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 59594 Bill Date: August 17, 2021 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 19132 Matter Name: Geraci v. Zeller Total Professional Services 809.50 Total Disbursements 12.00 CURRENT BILL TOTAL AMOUNT DUE $ 821.50 Balance Forward: 1,397.50 Payments &Adjustments: -0.00 Total Due: $ 2,219.00 Past Due Balance 1,397.50 TOTAL AMOUNT DUE $2,219.00 Page 161 of 973 6.B. Consent Agenda 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Proposed Resolution No. 21-107- Approve and authorize the Mayor to sign an Assignment, Assumption and Consent to the Ground Lease between the City of Boynton Beach and FH Quantum, LLC to allow for the assignment of the lease to 3301 Quantum Owner, LLC, a Delaware limited liability company, the new building owner. Explanation of Request: On October 15, 2019 the City Commission approved resolution#R19-115, a ground lease agreement between the City of Boynton Beach and FH Quantum LLC to construct a parking lot for the Quantum Eco Park and to provide non exclusive use of a portion of the parking for the building located at 3301 Quantum Boulevard. Per Article 9 of the Ground Lease Agreement, Subletting and Assignment, the lessee may not sublease, assign or transfer the lease, or any part of the premises, or any interest in the lease without the prior, express, and written consent of the City. Accordingly, FH Quantum, LLC is requesting approval from the City of Boynton Beach to assign their interest in the ground lease to 3301 Quantum Owner, LLC, a Delaware limited liability company, the new building owner. How will this affect city programs or services? There will be no affect to city programs or services as part of the lease assignment. Fiscal Impact: None Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 162 of 973 Type Description D Resolution Resolution approving Assignment, Assumption and Consent to Ground Lease. Assignment, Assumption and Consent to the D Attachment ground lease between the City of Boynton each and FH Quantum, LLC D Agreement Resolution R19-115 (Ground Lease) Page 163 of 973 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN 5 ASSIGNMENT, ASSUMPTION AND CONSENT TO THE GROUND LEASE 6 BETWEEN THE CITY OF BOYNTON BEACH AND FH QUANTUM, LLC TO 7 ALLOW FOR THE ASSIGNMENT OF THE LEASE TO 3301 QUANTUM 8 OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY, THE NEW 9 BUILDING OWNER;AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, on October 15, 2019 the City Commission approved resolution #R19-115, a 12 ground lease agreement between the City of Boynton Beach and FH Quantum LLC to construct a 13 parking lot for the Quantum Eco Park and to provide non-exclusive use of a portion of the parking for 14 the building located at 3301 Quantum Boulevard; and 15 WHEREAS, pursuant to Article 9 of the Ground Lease Agreement,Subletting and Assignment, 16 the lessee may not sublease, assign or transfer the lease, or any part of the premises, or any interest in 17 the lease without the prior, express, and written consent of the City; and 18 WHEREAS, accordingly, FH Quantum, LLC is requesting approval from the City of 19 Boynton Beach to assign their interest in the ground lease to 3301 Quantum Owner, LLC, a 20 Delaware limited liability company, the new building owner; and 21 WHEREAS, the City Commission has determined that it is in the best interests of the 22 residents of the City to approve and authorize the Mayor to sign an Assignment, Assumption 23 and Consent to the Ground Lease between the City of Boynton Beach and FH Quantum, LLC 24 to allow for the assignment of the lease to 3301 Quantum Owner, LLC, a Delaware limited 25 liability company, the new building owner. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 27 BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESOAAgreements\Assigmient and Consent of Ground Lease Agreement with FH Quanhmi-Reso.docx Page 164 of 973 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Commission does hereby approve and authorize the Mayor 32 to sign an Assignment, Assumption and Consent to the Ground Lease between the City of 33 Boynton Beach and FH Quantum, LLC to allow for the assignment of the lease to 3301 34 Quantum Owner, LLC, a Delaware limited liability company, the new building owner, a copy 35 of the Assignment, Assumption and Consent is attached hereto as Exhibit "A". 36 Section 3. This Resolution shall become effective immediately upon passage. 37 38 PASSED AND ADOPTED this 8th day of September, 2021. 39 CITY OF BOYNTON BEACH, FLORIDA 40 YES NO 41 42 Mayor— Steven B. Grant 43 44 Vice Mayor—Woodrow L. Hay 45 46 Commissioner—Justin Katz 47 48 Commissioner— Christina L. Romelus 49 50 Commissioner—Ty Penserga 51 52 VOTE 53 ATTEST: 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 (Corporate Seal) S:ACA\RESOAAgreements\Assigmient and Consent of Ground Lease Agreement with FH Quanhmi-Reso.docx Page 165 of 973 ASSIGNMENT,ASSUMPTION AND CONSENT OF GROUND LEASE AGREEMENT THIS ASSIGNMENT, ASSUMPTION AND CONSENT OF GROUND LEASE AGREEMENT ("Agreement"), is made and entered into this day of September, 2021, by and between the CITY OF BOYNTON BEACH, FLORIDA, a public body corporate and politic of the State of Florida(hereinafter the "CITY"),FH QUANTUM LLC,a Florida limited liability company(hereinafter the "ASSIGNOR")and 3301 QUANTUM OWNER,LLC, a Delaware limited liability company(hereinafter the "ASSIGNEE"). WITNESSETH: WHEREAS, on December 6, 2019, the CITY entered into a Ground Lease Agreement with ASSIGNOR, a copy of which is attached hereto and incorporated herein as Exhibit "A" (the "Original Agreement"); and WHEREAS,on September 8,2021,the City Commission of CITY approved the requested assignment of the Original Agreement from ASSIGNOR TO ASSIGNEE; and WHEREAS,ASSIGNORhas transferred substantially all of its assets to ASSIGNEE,and has assigned among other items,the Original Agreement; and WHEREAS, ASSIGNEE requested the CITY to approve the assignment of the Original Agreement to ASSIGNEE; and WHEREAS,on September 8,2021,the City Commission of CITY approved the requested assignment to ASSIGNEE subject to ASSIGNEE entering into this Agreement agreeing to assume all of the duties, responsibilities,and obligations of the ASSIGNOR set forth in the Original Agreement. NOW,THEREFORE,for and in consideration of the sum of the mutual covenants and other good and valuable consideration,the receipt of which are hereby acknowledged,the parties hereto agree as follows: Section 1. Recitals and Exhibits. The foregoing recitations are true and correct and are hereby incorporated herein by this reference.All exhibits to this Agreement are hereby deemed a part hereof. Section 2. Incorporation of Original Agreement and Conflicts. The Original Agreement shall remain in full force and effect except as specifically amended hereinbelow. In case of a perceived conflict between the terms of the Original Agreement and this Agreement,the terms of this Agreement shall govern. Section 3. Assignment. The CITY hereby consents to the Assignment of the Original Agreement from ASSIGNOR to ASSIGNEE,subject to the terms and conditions of the Original Agreement,as amended by this Agreement. Section 4. ASSIGNEE's Assumption of Duties and Obligations. ASSIGNEE hereby represents to CITY and hereby agrees to abide by and assume all of the terms and conditions,including but not limited to responsibilities,duties,and obligations imposed upon the ASSIGNOR in the Original Agreement. Section 5. Article 10 NOTICES of the Original Agreement is amended, in part, as to ASSIGNEE, as follows. {00461589.2306-9905430} Page I of 3 Page 166 of 973 AS TO ASSIGNEE: Jill A.Matarese,John L.Fridlington and Kevin J. Corrigan Title: Authorized Persons 3301 Quantum Owner,LLC 68 S. Service Road, 5-120 Melville,NY 11747 Email: With copy to: Bernard Lee,Esq. Cozen O'Connor Law Firm One Liberty Place 1650 Market Street Suite 2800 Philadelphia,PA 19103 Email: Blee@cozen.com IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF BOYNTON BEACH,FLORIDA ATTEST: BY: STEVEN B. GRANT,MAYOR CRYSTAL GIBSON CITY CLERK APPROVED AS TO FORM. JAMES A. CHEROF CITY ATTORNEY (Space intentionally blank) {00461589.2306-9905430} Page 2 of 3 Page 167 of 973 ASSIGNOR FH QUANTUM LLC, a Florida limited liability company By: FOX RE HOLDINGS,LLC, a Florida limited liability company,its Manager WITNESSES: BY: Joshua W. Schrager,Manager Print Name Print Name ASSIGNEE 3301 QUANTUM OWNER, LLC, a Delaware limited liability company WITNESSES: BY: Authorized Person Print Name Print Name {00461589.2306-9905430} Page 3 of 3 Page 168 of 973 RESOLUTION NO. R19-115 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN A NON-EXCLUSIVE GROUND LEASE WITH FH QUANTUM, LLC., TO CONSTRUCT A PARKING LOT FOR QUANTUM ECO PARK TO SERVE THE PARKING REQUIREMENTS FOR A 60 ACRE PARK.; AND PROVIDING AN EFFECTIVE DATE. 1 11 WHEREAS, the owners of 3301 Quantum Blvd approached the City to construct a 1 parking lot on City property to serve the proposed Quantum Eco Park to facilitate additional 1 . growth of the tenant located in 3301 Quantum Blvd.; and 1� WHEREAS, the Quantum Park Overlay Development District (QPODD) has been 1 planning a park development project for both the City property and the QPODD property and 1 the QPODD has approved a budget to set aside funds to develop this park which will include 1 passive hiking trails, shelters, canoe and kayak launching points and restoration of the sand } 1 pine environmental community and associated infrastructure including parking and restrooms; 1 and 2D!! WHEREAS, this Ground Lease Agreement will provide the required parking for the 211 new eco-park utilizing private funds and the developer will use 75% of the spaces during the 21 business day to allow an expansion of the medical industry business located at 3301 Quantum 23 Blvd., while the remaining spaces will be available for park patrons during the business day 24 and all spaces will be available for weekend visitors which is the peak visitor time frame for 25 this type of park; and 23 WHEREAS,the City Commission has determined that it is in the best interests of the 2 residents of the City to approve and authorize the Mayor to sign Ground Lease Agreement 23 with FIl Quantum LLC, to construct a parking lot for Quantum Eco Park to serve the parking C Tsersi5tanzione F'AppData LocafMicrosoft\W indowsv]NetCache.IEr8RGLJJDilGround_Lease_Agreement_with_FH,Quantum-_Reso docx Page 169 of 9 3 I 2 requirements for a 60 acre park. t 3 _ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 321 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as I 331 being true and correct and are hereby made a specific part of this Resolution upon adoption 34 hereof. 35 Section 2. The City Commission does hereby approve and authorize the Mayor to 3 sign a Ground Lease Agreement with FH Quantum LLC, to construct a parking lot for 37 Quantum Eco Park to serve the parking requirements for a 60 acre park, a copy of the Ground 3 Lease Agreement is attached hereto as Exhibit"A". 3 Section 3. This Resolution shall become effective immediately upon passage. 4 4 PASSED AND ADOPTED this \5 day of��2019. 4 CITY OF BOYNTON BEACH, FLORIDA 4 YES NO 4 45 Mayor—Steven B. Grant 4 4 Vice Mayor— Justin Katz 4 4 Commissioner—Mack McCray 5 5 v Commissioner—Christina L. Romelus 5 5 Commissioner—Ty Penserga ti- 5 5 VOTE ' 5 ATTEST: 6 City Clerk 6 6 (Corporate Seal) tk C UsersS1anzioneTVAppDa1a Local N4icrosof[Mindows[NeiCecheAIE�8 RGLJJDLAGround_Lease__Agreement_with_Fli_Quamum-_Res.docs Page 170 of 9 3 F � GROUND LEASE AGREEMENT This Ground Lease Agreement("Lease"or"Agreement")is made and executed as of the 6 day of P"c-C`t mPAgg-- 2019, by and between City of Boynton Beach, Florida, a public body corporate and politic of the State of Florida(hereinafter the"City"or"Lessor"}and FH Quantum LLC,a limited liability company established under the laws of the State of Florida (hereinafter"FH Quantum"or"Lessee"). RECITALS: WHEREAS,Lessor is the owner of the Premises(as defined herein below);and WHEREAS, the Lessor desires to lease the Premises to the Lessee and the Lessee desires to let the Premises from the Lessor so that it can build a parking lot and have a non-exclusive right to use the parking as further defined below;and WHEREAS, this Lease shall allow for following: (i) the leasing to FH Quantum of the Park Side Lot; and (ii) facilitating the approvals, permitting, construction and proper development of the Park Side Lot, all in accordance with all applicable statutes, ordinances, codes,rules and other governmental regulations, NOW THEREFORE,in consideration of the rents and other payments hereinafter agreed to be paid and the mutual covenants and agreements hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged by both parties hereto,the Lessor and Lessee agree as follows: ARTICLE 1 DEMISE,DESCRIPTION,AND USE OF PREMISES 1.1 Lessor hereby conveys a non-exclusive leasehold interest to Lessee, and Lessor Ieases to Lessee, for the purpose of constructing and occupying on a non-exclusive basis a parking lot of not more than one hundred thin 130 y ( ) parking spaces of which a number of i parking spaces shall be available to the City as contemplated by Section 5.2 herein,in and on the premises situated in the City of Boynton Beach, County of Palm Beach, State of Florida, and more particularly described in Exhibit "A" attached to and made a part of this Lease (the j "Premises"). 1.2 As used in this Lease, the term "Premises" refers to the real property above described and to any improvements constructed thereon by Lessee which are located on the property from time to time during the term of this Lease, ' ARTICLE 2 DEFINITIONS 2.1 Lease Date. The Lease Date of this Lease shall be the date of the last party to 003314e7.1 306-9MS430) 1 Page 171 of 973 execute the Agreement. 2.2 Use. The Ffl Quantum Use shall be a non-exclusive use of the parking area for not more than 130 parking spaces, constructed at the cost and expense of Lessee within the Premises, as further described herein, subject to the limited right of the general public as further described herein. 2.3 DueDilikence Period. The Due Diligence Period shall be a period commencing on the Lease Date and ending thirty(30)days thereafter. 2.4 De ITt -_ Io trent_Drawings. Design Development Drawings shall be those drawings, applications, information and other materials, whether electronic, paper, or otherwise necessary or appropriate to obtaining all approvals, permits, or other permissions necessary or appropriate to obtaining the FH Quantum Use on the Premises. ARTICLE 3 TERM The term (the "Term") of this Lease shall be for a period of thirty (30) years, commencing on the date that Lessor takes possession of the Premises as set forth in Article 6 (the"Commencement Date"). Lessee shall be entitled to extend the Term for two (2)additional periods of thirty (30) years (a `Renewal Term"). A Renewal Term shall be automatic unless Lessee delivers written notice to the contrary to the City prior to the expiration of any Term. ARTICLE 4 RENT 4.1 Commencing on the Commencement Date,as rental for the lease of the Premises, FH Quantum shall pay to the City, at the City's address set forth in this Lease, or at such other place as the City may from time to time designate in writing, rent in the amount of Ten Dollars ($10,00) per year (the "rent'), payable in advance on the first day of each calendar year j occurring from and after the Lease Date,and continuing during the Term,and the Renewal Tenn (if applicable) of this Lease, until the expiration or termination of this Lease pursuant to the I terms hereof. if the Commencement Date shall occur on a date other than the first day of a calendar year, then FH Quantum shall pay rent for such fractional calendar year on a per diem basis(calculated on the basis of a three hundred sixty-live 365 day Yew)payable an or before the Commencement Date. ( ) 4.2 FH Quantum shall not be required to pay any security deposit under this Lease, nor shall FH Quantum have any other monetary obligations, other than the obligation of FH Quantum to pay rent as set forth in this Lease. Notwithstanding the aforementioned provision,in the event the Premises or any portion thereof is assessed for ad valorem real property taxes or subject to any special assessment during the Term or the Renewal Term (if applicable), FH Quantum shall be responsible to pay the real propmty tax or special assessment within thirty(30) days of F14 Quantum's receipt of the tax bill or special assessment statement. The City (00331407.1 MM-99034301 2 Page 172 of 973 authorizes FH Quantum to contest any assessment of real estate taxes on behalf of the City,with respect to which contest: (i) the City will cooperate and execute and deliver any documents requested by FH Quantum as may be reasonably required by FH Quantum in respect of processing and implementing any such contest; and (ii)FH Quantum shall realize the economic benefits of any'such contest, which results in a reduction in assessment and/or taxes (whether or not FH Quantum has already paid any tax which is subsequently reduced). ARTICLE 5 WARRANTIES OF TITLE ANDtLVIET POSSESSION 5.1 Lessor covenants that Lessor is seized of the Premises in fee simple and has full right to make and enter into this Lease and that Lessee shall have quiet and peaceable possession of the Premises during the term of this Lease, subject only to: (a) those matters described in Exhibit "B"; and (b) the limitation as to non-exclusive parking spaces as set forth in this Article 5. Lessee acknowledges that neither of the aforesaid matters interfere with or otherwise limit the FH Quantum Use, 5.2 The City intends to develop a public park (the "Public Park") on certain real property located in close proximity to the Premises. Upon completion of the Public Park by the City, Lessee shall make available the parking spaces within the Premises for use by the general public on the following basis: (a) between the weekday hours of 7 AM to 6 PM, ten percent (10%) of the parking spaces shall be available for the use by the general public and ninety percent (90%)of the parking spaces shall be exclusive to the Lessee; and (b) at all other times ninety percent (90%) of the parking spaces shall be available for the use by the general public and ten percent(100K)of the parking spaces shall be exclusive to the Lessee. For the purposes of determining the exclusivity above, the following shall apply: (x) the parking by the general public shall be limited to those individuals parking vehicles for their use of the Public Park; and (y) the term "workday" shall mean every Monday through Friday of each week of the year except for those holidays nationally designated as U.S. Federal holidays on the calendar recognized by the United States Congress annually, ARTICLE 6 DELIVERY OF POSSESSION 6.1 FH Quantum may, commencing as of the Lease Date through the date that is thirty (30) days following the Lease Date (the "Due Diligence Period"),personally or through others, undertake at its sole expense such inspections, tests and investigations of the Premises (including, by way of example only and not by way of limitation, title, survey, borings and physical samplings,engineering studies, environmental audits,determination of utility locations, soil tests,etc.)as FH Quantum deems necessary or advisable in FH Quantum's sole and absolute discretion to determine the suitability of the Premises for the FH Quantum Use as hereinafter defined (the"Due Diligence"or"Inspections"). If,prior to the expiration of the thirty(30) day Due Diligence Period, FH Quantum determines that it is not satisfied with the Premises for any reason or no reason whatsoever in FH Quantum's sole and absolute discretion,then FH Quantum may, upon written notice to the City, terminate this Lease at any time prior to the expiration of the Inspection Period. Anything herein to the contrary notwithstanding, FH Quantum. may (00331487.)306.940%30) 3 Page 173 of 973 forego all or any portion of the Due Diligence Period and declare that the Commencement Date has commenced. The failure of FH Quantum to provide written notice to the City prior to the expiration of the thirty(30)day Due Diligence Period of its intent to terminate the subject Lease, shall constitute a formal acceptance of the Premises by FH Quantum for its intended use. 6.2 Lessee shall secure such evidence of title as is satisfactory to Lessee and, at the expense of Lessee, cause an examination of such evidence of title to be performed prior to the end of the Due Diligence Period. It is understood and agreed that should such evidence of title or its examination reveal defects or deficiencies in the title to the Property that would render leasehold title to the Property uninsurable by a responsible title company at regular rates, or impede or limit the FH Quantum Use,then in such event,Lessee shall notify City of such defects or deficiencies, and City shall have the option of curing same and closing of this transaction shall be postponed until such deficiencies or defects are cured, but in no event shall closing be postponed for more than thirty(30)days.In the event City elects not to attempt to cure such title defects or deficiencies,or is unable to cure such title defects or deficiencies,then it shall notify Lessee within ten(10) days after receipt of notice of such defect or deficiencies. In such event, Lessee shall have the option of either accepting the leasehold title as it then is and commencing rent, or, in the alternative, Lessee shall have the option of declaring this Agreement canceled by written notice to City, and each party shall be relieved of any further obligations hereunder. 6.3 Attached hereto as Exlriblt "C" is the survey of the Premises (the "Survey"). Within ten (10) days after the Lease Date, FH Quantum may cause the Survey to be updated at FH Quantum's sole cost and expense. The Survey shall be certified to the City and FH Quantum. If the Survey shows an encroachment or if the-Survey shows a defect which would affect the FH Quantum Use, then within Due Diligence Period, FH Quantum may terminate this Lease as set forth in this Article 6, 6.4 FH Quantum shall submit to the City Design Development Drawings for the FH Quantum Use on the Premises prior to the end of the Due Diligence Period. The Design Development Drawings shall include but not be limited to a graphic depiction of the 130 space parking lot, ingress/egress, open space and other improvements normal and customary for a surface parking lot. The Design Development Drawings shall include a "pad" for public toilet facilities. Anything herein to the contrary notwithstanding, any cost and expense for the installation of public toilet facilities on the pad shall be the obligation and responsibility of the City,including,but not limited to,the cost of any utilities to service such public toilet facilities. 6.5 Upon submission to the City of the Design Development Drawings,the City shall commence a review of all information provided therein. Such Design Development Drawings shall be reviewed and processed by the City pursuant to those ordinances relating to expedited permitting, namely Ordinance No. 19-025 and those ordinances relating to administrative approval of a site plan, names Ordinance No. 19-034, The City has reviewed proposed Design Development Drawings prior to the Lease Date and based upon such review, has concluded that both ordinances would apply and the FH Quantum Use is feasible. J00331491.3 M-99054301 4 Page 174 of 973 6.6 Lessor promises to deliver possession of the Premises to Lessee on the later of thirty (30) days after the end of the Due Diligence Period or one (1) day after approval of the Design Development Drawings,such date being the Commencement Date of the Lease. 6.7 The parties acknowledge that the submission by FH Quantum of the Design Development Drawings and approval of the Development Drawings by the City constitute a Condition Precedent to the Commencement Date of Lease. 6.8 At such times as City and FH Quantum may mutually agree prior to Commencement Date, City shall provide to FH Quantum or to its employees, agents, and contractors, (i) reasonable access to the Premises and to the books,records, and personnel of City relating thereto for the purpose of making any surveys, inspections, or investigations permitted by this Lease; and(ii)such information regarding the Premises as FH Quantum or its employees, agents, and contractors may reasonably request. Further, the City shall provide access to the Premises commensurate to the completion of,and which will allow for,the matters set forth in Article 7 to be carried out and completed in accordance with the terns hereof. ARTICLE 7 CONSTRUCTION 7.1 After the end of the Due Diligence Period,City grants the right to FH Quantum to remove fill from such areas as designated by the Premises in the event the City has not already done so, Such fill removed shall be at FH Quantum's cost and expense. Pursuant to those ordinances relating to expedited permitting, namely Ordinance No. 19-025,the City shall review the permits necessary to allow for removal and relocation of the fill with all reasonable speed so as to allow such removal and relocation to occur timely. 7.2 After the end of the Due Diligence Period, FH Quantum shall remove such vegetation, including trees, which are required to be saved in accordance with approved mitigation requirements as disclosed in the Design Development Drawings. Such removal of vegetation, including trees, shall be at the sole cost and expense of FH Quantum. Pursuant to those ordinances relating to expedited permitting, namely Ordinance No. 19-025, the City shall review the permits necessary to allow for the removal and relocation of the vegetation,including trees,with all possible speed so as to allow such removal and relocation to occur timely. 7.3 After the end of the Due Diligence Period,FH Quantum shall submit a grubbing and foundation permit for the Premises pursuant to the Design Development Drawings. Pursuant to those ordinances relating to expedited permitting namely Ordinance No. 19-025,the City shall review the permits necessary to allow for the grubbing and construction of the foundation on the Premises with all reasonable speed so as to allow such grubbing and foundation construction to 1 occur immediately upon closing. i 7.4 After the Commencement Date, FH Quantum shall construct the improvements on the Premises pursuant to the approved Design Development Drawings except as to public toilet facilities as described in Article 6, The construction shall be completed by the later of: (a) i (003314873 3069905430) 5 i Page 175 of 973 one(1)year after final approval of the Design Development Drawings by the City or(b)two(2) years subsequent to the Commencement Date, In connection with the design and construction of the Park Side Lot, FH Quantum shall be responsible for all supervision and construction. The parties agree that no utility facilities are necessary to allow for the FH Quantum Use except irrigation for landscaping and the City has no knowledge of any utility easements or utility improvements within the Premises. Accordingly, except for irrigation for landscaping,any cost and expenses for the installation of utilities, such as but not limited to sewer,potable water and Iighting,shall be the obligation of the City. 7,5 In the event that FH Quantum does not complete the improvements described in Section 8.4 on the Park Side Lot by the later of(a) one year after final approval of the Design Development Drawing by the City or(b)two years after the commencement date. Commencing on the first day of the 25'month subsequent to the Commencement Date,FH Quantum shall pay to the City on the first day of each month, as an extension fee, the sum of Two Thousand ($2,000.00) Dollars per month until the improvements described in Section 8.4 herein are complete or forty-eight (48) months subsequent to the Commencement Date, whichever shall occur first. The failure to complete the improvements as required in Section 8.4 on or before forty-eight(48)months from the Commencement Date,shall constitute an event of default., 7.6 FH Quantum shall be given the right for obtaining any and all required permits and licenses which may be required for such signs on the Park Side Lot after the Commencement Date,so long as all signs shall be in full compliance with all city codes and ordinances, 73 The City hereby grants such temporary rights to FH Quantum to go on the Premises and carry out such portions of Article 8 as are applicable after the end of the Due Diligence Period and up to and through the Commencement Date. ARTICLE 8 (ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST Lessee may encumber by mortgage, or other instrument, its leasehold interest and estate in the Premises, together with all buildings and improvements owned or placed by Lessee on the Premises, as security for any indebtedness of Lessee. ARTICLE 9 SUBLETTING AND ASSIGNMENT Lessee may not sublease,assign or transfer this Lease,or any part of the Premises,or any interest in this Lease without the prior,express,and written consent of Lessor, ARTICLE 10 NOTICES (8033(4873 306-OM54301 6 Page 176 of 973 In order for a notice to a party to be effective under this Lease, notice must be(i) personally delivered with receipt thereof, (ii) sent via US. first-class mail with receipt thereof, or(iii)via e-mail to the addresses listed below with request for electronic receipt from receiving party, Notice shall be effective upon delivery,mailing or email so long as receipt is requested, The addresses for notice shall remain as set forth herein unless and until changed by providing notice of such change in accordance with the provisions of this Article 10. FH Quantum: _ Managing Member FH Quantum LLC Address: c/o Joshua W,Schrager 200 South Park Road,Suite 425 Hollywood,FL 33021 Email: josh@benbase.com with a copy to: Michael S.Weiner,Esq. Sachs Sax Caplan,PL 6111 Broken Sound parkway NW,Suite 200 Boca Raton,FL 33487 Email: mweiner@ssclawfirm,com i For the City: Lori LaVerriere City Manager i City of Boynton Beach 100 E. Boynton Beach Blvd. P.O.Box 310 Boynton Beach,FL 33425-0310 Email: LaVerriereL@bbfl.us with a copy to: James Cherof,Esq. City Attorney's Office City of Boynton Beach 100 E.Boynton Beach Blvd, P.O.Box 310 ; Boynton Beach,FL 33425-0310 Email: o� heraf�7a�c_ityattv.com ARTICLE 11 UTILITIES Lessee shall fully and promptly pay all water, gas, heat, light,power, telephone service, 10331481.3 304.9905430 7 Page 177 of 973 and other public utilities of every kind furnished to the Premises throughout the term of this Lease, and all other costs and expenses of every kind whatsoever of or in connection with the use,operation,and maintenance of the Premises and all activities conducted on the Premises, and Lessor shall have no responsibility of any kind for any such utilities. ARTICLE 12 REPAIRS AND DESTRUCTION OF IMPROVEMENTS 12,1 Lessor shall not be obligated to make any repairs, replacements, or renewals of any kind,nature,or description,whatsoever to the Premises or any buildings or improvements on the Premises unless attributable to the negligence of Lessor or any of its employees, agents, representatives or invitees, 12.2 In case of damage to or destruction of any such improvement, Lessee shall, at its own expense,promptly repair and restore same to a condition as good or better than that which existed prior to the damage or destruction. ARTICLE 13 MAINTENANCE AND APPEARANCE OF PREMISES Lessee, at its expense, shall maintain the parking area, landscaping, and all other parts of the Premises visible from the surrounding streets in a condition consistent with the surrounding area. Lessee shall also pay all fees due any owners' or similar association within which the Premises may be located. ARTICLE 14 INDEMNIFICATION TO LESSOR Lessor shall not be liable for any loss,injury,death,or damage to persons or property that at any time may be suffered or sustained by Lessee or by any person whosoever may at any time be using or occupying or visiting the Premises or be in, on, or about the Premises, whether the loss,injury, death,or damage shall be caused by or in any way result from or arise out of any act, omission,or negligence of Lessee or of any occupant,subtenant,visitor,or user of any portion of the Premises,or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than the matters or things above set forth. Lessee shall indemnify Lessor against any and all claims, liability, loss, or damage whatsoever on account of any'such loss, injury, death, or damage. Lessee waives all claims against Lessor for damages to the building and improvements that are now on or hereafter placed or built on the Premises or about the Premises, and or injuries to persons or property in or about the Premises, from any cause arising at any tinge. The two preceding sentences shall not apply to loss,injury,death,or damage to persons or property arising by reason of the negligence or misconduct of Lessor,its agents,or employees. ARTICLE 15 (M531487.3 306-99054301 8 Page 178 of 973 ATTORNEY FEES If any action at law or in equity shall be brought to recover any rent under this Lease, or for or on account of any breach of or to enforce or interpret any of the covenants, terms, or conditions of this Lease, or for the recovery of the possession of the Premises, the prevailing party shall be entitled to recover from the other party all costs associated therewith and a reasonable attorney fee,the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. ARTICLE 16 RE-DELIVERY OF PREMISES Lessee shall pay the rent and all other sums required to be paid by Lessee under this Lease in the amounts, at the times, and in the manner provided in this Lease, and shall keep and perform all the terms and conditions on its part to be kept and performed. At the expiration or earlier termination of this Lease, Lessee shall peaceably and quietly quit and surrender to Lessor the Premises in good order and condition subject to ordinary wear and tear and to the other provisions of this Lease. ARTICLE 17 REMEDIES CUMC)LATTVE All remedies conferred on Lessor and Lessee in this Lease shall be deemed cumulative and no one exclusive of the other,or of any other remedy conferred by law ARTICLE 18 INSURANCE (a) Lessee shall furnish an "All Risk Builder's Risk Completed Value Form" for the full completed insurable value of the FH Quantum, LLC in form satisfactory to any mortgage lien holder secured against the Leased Premises. (b) Lessee shall also obtain and maintain comprehensive general liability insurance policy(ies) insuring against the risk of loss resulting from accidents or occurrences on or about or in connection with the development, construction,and operation of the FH Quantum, LLC or in connection with,or related to this Lease,in the amounts set forth on Exhibit" it. Such insurance policies shall be issued by companies acceptable to the Lessor and provide coverage in amounts acceptable to the Lessor. Certificates evidencing such insurance coverage shall be delivered to Lessor within five(5)days of the Lessor's request,along with evidence that the insurance premiums have been paid current to date. All insurance policies required to be maintained by the Lessee shall require the insurer to give the Lessor thirty(30)days prior written notice of any change in the policies and/or the insurer's intentions to cancel such policy or policies(without a disclaimer of liability for failure to give such notice). (c) Prior to commencement of construction, the Lessee shall furnish a certificate to the Lessor from an insurance company(ies) naming the Lessor as an additional insured under insurance policy(ies) obtained by the Lessee as required by this Lease and MOB1e97d 306-"O )U) 9 Page 179 of 973 have at law or equity, shall have the right to terminate the Lease and reenter the property and may remove all persons and property from the Premises subject to any applicable state regulation, and without limitation to the above remedy, specific reference is made to Section 8.5. Should Lessor elect to re-enter,as provided in this Lease,or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law,Lessor may terminate this Lease and accelerate all payments of rent, additional rent,or any other monies due from Lessee for the remainder of the lease term to become immediately due. No re-entry or taking possession of the Premises by Lessor shall be construed as an election on the part of Lessor to terminate this Lease unless a written notice of such intention is given to Lessee or unless the termination of this Lease is decreed by a court of competent jurisdiction, Notwithstanding any re-letting without termination, Lessor may recover from Lessee all damages incurred by reason of the breach, including the costs of recovering the Premises, ARTICLE 21 EFFECT OF EMINENT DOMAIN In the event of a total or partial taking of the Premises by eminent domain, then in any such condemnation proceedings, Lessee shall be free to make claim against the condemning or taking authority for the amount of any damage done to them, respectively, as a result of the condemning or taking. ARTICLE 22 DISPOSITION OF IMPROVEMENTS ON TERMINATION OF LEASE On termination of this Lease for any cause, Lessor shall become the owner of any improvements located on the Premises, ARTICLE 23 ANTI-TERRORISM REPRESENTATION AND WARRANTY 23.1 Lessee represents and warrants that they nor the officers and directors controlling Lessor and Lessee,respectively,are acting, directly or indirectly, for or on behalf of any person, group, entity, or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity, or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism; and that they are not engaged in this transaction directly or indirectly on behalf of,or facilitating this transaction directly or indirectly on behalf of, any such person,group,entity or nation. 23.2 Lessee represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133,Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work,may not submit bids on leases Of real property to City, may not be awarded or perform work as a contractor, supplier, (00331497.3 306,9905430) I 1 Page 180 of 973 subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of certain limits,all as provided in Section 287.017,Florida Statutes, ARTICLE 24 WAIVER Lessor and Lessee agree that each requirement, duty, and obligation set forth herein was bargained for at arms-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Lease, and that each is,therefore, a material term.hereof.A failure by either party to enforce any provision of this Lease shall not be deemed a waiver of such provision or modification of this Lease, A waiver of any breach of a provision of this Lease shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Lease. ARTICLE 25 EFFECT OF LESSEE'S HOLDING OVER Any holding over after the expiration of the term of this Lease, with the consent of Lessor, shall be construed to be a tenancy from month-to month, at the same monthly rental as required to be paid by Lessee for the period immediately prior to the expiration of the term of this Lease and shalt otherwise be on the terms and conditions specified in this Lease, so far as applicable. ARTICLE 26 PARTIES BOUND The benefits and obligations of the covenants herein shall inure to and bind the respective heirs, personal representatives, successors, and assigns (where assignment is permitted) of the parties hereto. Whenever used, the singular number shall include the plural,the plural shall include the singular, and the use of any gender shall include all genders. ARTICLE 27 TIME OF THE ESSENCE Time is of the essence for this Lease, and of each and every covenant, term, condition, and provision of this Lease. J ARTICLE 28 GOVERNING LAW This Agreement shall be interpreters and construed in accordance with and governed by the laws of the State of Florida. All parties acknowledge and accept that jurisdiction of any controversies or legal problems arising out of this Lease, and any action involving the enforcement or interpretation of any rights and/or hereunder, shall be exclusively in the state courts for the Judicial Circuit in Palm Beach, Florida, and venue for litigation arising out of this (0033{487.3 306-99054301 12 Page 181 of 973 Agreement shall be exclusively in such state courts. BY ENTERING INTO THIS AGREEMENT, LESSEE AND LESSOR HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. ARTICLE 29 ENTIRE AGREEMENT This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written, ARTICLE 34 MODIFICATION OF AGREEMENT No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the City and Lessee or others delegated authority to or otherwise authorized to execute same on their behalf. ARTICLE 31 DISCLAIMERS EXCEPT AS EXPRESSLY SET FORTH HEREIN, LESSEE IS LEASING THE PREMISES "AS IS"AND "WHERE IS," AND WITH ALL FAULTS. CITY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PREMISES WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, CTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CITY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS,REPRESENTATIONS,OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT CITY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. ARTICLE 32 MISCELLANEOUS (043314873 306.9405430) 13 Page 182 of 973 32.1 FH Quantum and City hereby represent and warrant that each has not dealt with a real estate broker pursuant to the transaction herein. 32.2 This Agreement shall not be effective or binding upon any of the parties hereto until it is approved and executed by the person or persons with authority to approve and sign this Agreement on behalf of each party. 32.3 Neither Lessor nor Lessee intends to directly or substantially benefit a third party by this Lease. Therefore, the parties agree that there are no third party beneficiaries to this Lease and that no third party shall be entitled to assert a right or claim against either of them based upon this lease. 32.4 In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid,the remaining provisions shall continue to be effective, 32.5 Each party agrees that it will without further consideration execute and deliver such other documents and take such other action, as may be reasonably requested by the other party to consummate more effectively the purposes or subject matter of this Lease. Without limiting the generality of the foregoing, either party shall, if requested by the other party, execute acknowledgments of receipt with respect to any materials delivered by either of the parties to the other party with respect to the Premises. 32.6 Each party and its counsel have participated fully in the review and revision of this Lease and acknowledge that the preparation of this Lease has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. The language in this Lease shall be interpreted as to its fair meaning and not strictly for or against any party, 32.7 Radon is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time, Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your City public health unit, l 32.8 Each individual executing this Lease on behalf of a party hereto does hereby 1 represent and warrant that he or she is,on the date he or she signs this Lease,duly authorized by 1 all necessary and appropriate action to execute this Lease on behalf of such party. i 32.9 This Agreement maybe executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one agreement, Electronic signatures shall be deemed originals. I [SIGNATURES APPEAR ON IMMEDIATELY FOLLOWING G PAGE] )00331497,3 306-9905430) 14 Page 183 of 973 IN WITNESS WHEREOF, the parties hereto have made and executed this Ground Lease on the respective dates: City, through its Board of City Commissioners, signing by and through its City Manager, authorized to execute same by Board action on the day of and FH Quantum, signing by an J, througl its ('Y f �t � duly authorized to execute same, J 'tummy L. S Mayor-Steven Grant --- - WITNESS-PRINT NAME Dat-�-`-,-�--'-�---_..__._._._..........___ ' tY at ager-Lori LaVi� ere WITNESS-PRINT NAME Date: ATTEST, r Approved as to fo pnd legal sufficiency. t' •stat Gibson r // City Clerk G t Cit Attorney l- I / Date: Date: DEVELOPER: i FH Quantum LLC ' WITNBSSE$ u f ; Prin -- Print N _ .�� —.._... - � Title:, Print Narne:__L�r _.�,tJ4. 1+• �_. G Day of L-,2019 too:,lay,a to�rau3v,; 15 Page 184 of 973 EXHIBIT"A" (Legal Description) (00331487.7 306.9905430) 16 Page 185 of 973 EXHIBITV "A„ — DESCRIPTION: A PORTION OF LOT 93, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 60 AT PAGE 29 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 93; THENCE, ALONG THE WEST LINE OF SAID LOT 93 AND THE EAST LINE OF TRACT "B" (QUANTUM BOULEVARD) OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO, 2 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57 AT PAGE 184 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, NORTH 40'09'21" WEST, A DISTANCE OF 400,00 FEET; THENCE, DEPARTING SAID WEST LINE OF LOT 93 AND EAST LINE OF TRACT "B", NORTH 49'50'39" EAST, A DISTANCE OF 420.00 FEET; THENCE SOUTH 89'24'17" EAST, A DISTANCE OF 390,81 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF SAID LOT 93; THENCE, ALONG SAID EAST LINE OF LOT 93, SOUTH 001543" WEST, A DISTANCE OF 303.02 FEET; THENCE, DEPARTING SAID EAST LINE OF LOT 93, NORTH 89'24'17" WEST, A DISTANCE OF 129.70 FEET TO THE NORTH CORNER OF LOT 32 OF SAID QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO, 3 AND A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID LOT 93; THENCE, ALONG SAID SOUTH LINE OF LOT 93, SOUTH 49'5D'39" WEST, A DISTANCE OF 420.00 FEET TO THE POINT OF BEGINNING, CONTAINING 246,863 SQUARE FEET OR 5.6672 ACRES, MORE OR LESS, SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. LEGEND/ABBREVIATIONS L - CENTERLINE PG. - PAGE FPL - FLORIDA POWER & LIGHT COMPANY POB - POINT OF BEGINNING U.E. - UTILITY EASEMENT e - LICENSED BUSINESS QC - QUANTUM COMMUNICATIONS, INC, PLAT BOOK SB - SOUTHERN BELL NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH A SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO A GRID BEARING OF N49'50'39"E ALONG SOUTH LINE OF SECTION 15, TOWNSHIP 46 SOUTH, RANGE 42 EAST, RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EASI` ZONE, NORTH AMERICAN DATUM OF 1983 (1990 ADJUSTMENT). 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENTS OF RECORD AND DOES NOT CONSTITUTE A BOUNDARY SURVEY AS SUCH. 6. RECORDING INFORMATION SHOWN HEREON IS OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON SEPTEMBER 9, 2019. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET J FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTE 472.027. - I CAULFIELD & WHEELER, INC. FREGISTEREDLAND SHEET 1 OF 2 CIVIL ENGINEERING - LAND SURVEYINGDATE 09 09 19 7900 GLADES ROAD - SUITE 100DRAWN BY DL5 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 P. LEY F.B./ PG. NONE QUANTUM PARK AT 80YNTdht BEACH, DPORTION dF B 8, P'I.O. PLAT NO 3 5005 SCALE NONESKETCH OF DESCRIPTION lbAJOS NO. 8678 EP2 Page 186 of 973 EXHTBff"B" (Title Exceptions) 100331487.3 306-99054301 17 Page 187 of 973 EXMB IT B 1 Restrictions, dedications and,easements set forth on Quantum Park at Boynton Beach, P,I.D, plat No, 2 recorded to Pint Book 57 Pane 184 , as affected by Assignment of Reservations to quantum Community Development District recorded March 9, Assignment of Reservations, Rest1994 in O fic al Rec rds ook 815 Pae 324 and the rictlons,Dedications and Easement Rights to Quantum park Overlay Dependent District recorded July 29, 2op8 In Offlctai Records Book 22781 Paoe 1704 . 2.. Matters set forth In Ordlhance No. 84-51 4f.the.City of,Doynton Beach,as evidenced by the,Notice of Adoj titin of'Developmeni Order recorded May 2, 1985 together with the Notices In Official Records gook 4534, Pit e 1 28 , of Modification of Adopted Development Order recorded in Official It ce ords Bony.49 , rape 19, Official Records _Book 5090. Paque and Official Records gook 5584 Pan _ , and the Notices of Amendment to Quantum Park DRi Development Order recorded IICIn Official R-ds E3o 9679, q e 532 , official Records Baok 100777 Page Official Records Book 1.1837 Pa 1925, Ofticlaf Records ook 03fg7zf pare�St3B2 a�ffir3Ja18RE@°1831 ook iZ8$$ Paoe 614 , Official Records ook 18382. Paoe 472,Official Records Book 183821 pace idGS arid Ofiicfa__l Petards gook 21363�e 7o5,. 3 Terms,covenants,conditions, restrictions and easements created by and set forth in the Declaration of Protective Covenants of Quantum park at Boynton Beach recorded Octoberl5, 1987 in Offlcial-Records Book 5450. Pa a sip ; as amended In Official Records Book 699 Page. 218,and as thed Assignment of Rights Of Declarant,Appo)ntment and Approval recorded in Official Records haFfecteby ook y t1jo i Page 61 and the Amendment to Assignment of Rights of Declarant,Appointment and and recorded In OffiGla't Records f -Ok 10582 Pa a 1256 ; including, but not 1(mfted to or assessments and liens for liquidated damages; but omitting oily covenaprovisions t vior restrictionnfor private ed on charges color, religion, sex, handicap,familial status or national origin unless and only to the extent that said covenants: (a)is exempt under Chapter 42,Section 3607 of the United States Code; or(b) relates to handicap, but does not discriminate against handicapped persons. H Matters set forth in the Notice of Establishment of the Quantum Park Overlay Dependent District recorded March 6, 2006 in Official Records Boo k_2001a. PBae 7. .g,Matter set forth In the Notice of Environmental Resource Or Surface Water Management Permit recorded in Official Records$ook 74323 Pae 1592. 6•Matters set forth In the Interlocal Agreement for Transfer, Acceptance and Cooperation between Quantum Community Development District and Quanturn Park Overlay Dependant District recorded in Official Reco__ rds gook 27293. A-e 71_z i 1, I� I i i Page 188 of 973 EXHIBIT"C" (Survey) i i e s C 18 Page 189 of 973 EXHIBIT "�" 5894'17"E 390.$1' lu-1 LOT 93 10' U_E. (P.B, 60, PG•QUANTUM PARK AT BOYNTON BEACH, P,I.D. PLAT Nb 3(P,B, 60, PAGE 29) A PORTION OF LOT 93 QUANTUM PARK AT BOYNTON w I dor '4 BEACH, P,LD. PLAT NO 3 CL 9 (P.B. 60, PAGE 29) I N89.24'1l7"W I 129,70' I LOT 93 I I o � c� \ \SAL �G\ 1 p� LOT 32 SA \� J` v� �a� \\\�✓��� QUANTUM PARAT BOYNT BEACH, P.I.DKPLAT NO 3ON (P.O. 60, PAGE 29) LOT 33 �- fr 0 50 100 NORTH OR�IN IF'E:ET)LE SHEET 2 OF 2 CAULFIELD & WHEELER, INC. DATE 09J09/19 CIVIL ENGINEERING — LAND SURVEYING 7900 GLADES ROAD — SUITE 100 DRAWS BY DLS BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 F.B./ PG, NONE QUANTUM PARK AT BOYNTON BEACH, PJ.b. PEAT Nd 3 SCALE 1"=100' PORTION OF LOT 93 SKETCH OF DESCRIPTION JOB NO. $673 EP2 Page 190 of 973 6.C. Consent Agenda 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Accept third quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY20/21. Explanation of Request: Per the City's Management Agreement with the Schoolhouse Children's Museum, the Executive Director shall submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a regularly scheduled Commission meeting. Report covers April 1, 2021 through June 30, 2021. How will this affect city programs or services? None Fiscal Impact: Alternatives: Do not accept the report. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Attachment Schoolhouse Museum 3Q Report Y20-21 Page 191 of 973 A& Schoolhouse Quarterly Report FY '20/'21 3rd Quarter General Operations The Museum continued to operate at reduced capacity due to the pandemic, however, there has been a steady increase in both admissions and membership sales during the third quarter of '20/'21 when compared to the previous quarter. Operational format continued to be two play sessions and an hour and a half closure in between for cleaning and sanitizing. Reservations continue to be required. The Museum's mask policy was relaxed slightly over the summer to include adults and children 6 and up, at no time did we cease to require masks. While there was push back from some guests, most appreciated that our priority was, and continues to be, the safety and wellbeing of the children and families that come through our doors. Revenue As summer is typically our busiest time of year, we realized healthy visitation despite operating at 65% capacity due to COVID-19. Third Quarter gross revenue from operations, excluding a restricted grant received for an exhibit replacement, was 3.65% less that the same time period "pre-pandemic," which we consider to be a very positive sign of future business to come. Excluding the City's support, income from operations (excluding the aforementioned grant) for FY '20/ 21— Q3 was $127,372.69 vs. the third quarters of FY '19/'20 at $71,563.25 and in FY '18/'19 at $132,198.44 Expenses Overall Expenses for the third quarter of '20/'21 were on par with the same period for the "pre- pandemic" year of '18/'19. Expenses for FY '20/'21— Q3 were $131,519.38 vs. $134,156.12 in FY '18/'19— Q3. Programming Live programming continues and participation was strong. Requests for Outreach programs has steadily increased. With the increased infection rate, it is unclear as to what programming activities will look like going forward. Respectfully submitted, S 0-;w Executive Director Page 192 of 973 6.D. Consent Agenda 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Approve an $18,000 increase to CK's Lockshop for specialized Medco keys, locks, and hardware as a sole source vendor from$34,000 to $52,000. Explanation of Request: CK's Lockshop provides all specialized Medco keys, locks, and hardware for all the City buildings (Sole Source justification letter is attached). Staff requests an increase in the amount of$18,000 (blanket PO#210070) increasing the $34,000 budget to $52,000. The increase is to cover the pending invoices and expenses that are forthcoming for keys and locks at various City facilities. How will this affect city programs or services? N/A Fiscal Impact: There are funds in the Facilities Building Supplies Account (no. 001-2511-519-52-24) available to cover the requested increase. Alternatives: N/A Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: CK's Lockshop Start Date: End Date: Page 193 of 973 Contract Value: Minority Owned Contractor?: No Extension Available?: Extension Explanation: Attachments: Type Description D Sole Source Letter Attachment 1 ® CK's Loc kshop® Sole Source Form Wth Letters Page 194 of 973 .0 Purchasing Division SolelSfngie Source Justification Form This form shall be raompleted and approved prior to all sole source purchases Sole Source Definition-Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity,service,or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or; c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition-A procurement decision whereby purchases are directed to one source because of standardization,warranty, or other factors,even though other competitive sources may be avallable. ME I'M ii Requestor Department Public Works Division Facilities Point of Contact Call Mootr Phone Number 561-742-8223 Vendor' Company Name CK's Lockshop Address 301 SE 4t'St,Boynton Beach, FL 33435 _ ........ Phone Number 581-732-9418 Point of Contact and Title Rhonda Loyd What other vendors were contacted? (List company name, contact, and phone number and explain why they were not suitable) Product or Service Product(Service Name Medeco Security Locks Manufacturer Medsoo Locksmith Make/Model# Price Did you negotiate the terms or prices with the vendor? El Yes X No Why is this prig considered to be fair and reasonable?Comparison performed using the State of Florida Managed Services website to compare rates on what they have on file for Consultants. 1 Page 195 of 973 I I Purchasing Division SoislSii Source Justification Form Will this purchase obligate the City to a particular vendor in the future?(Either in terms of maintenance, sery yes- nr ra_il urhas for compatibflity reasons)®Yes ❑ No Rso�le This choose any that apply): X Sole provider of a licensed or patented good or service X Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ❑Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑Single Source of factory-authorized warranty service ❑ Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function(please detail below or reference an attachment). ❑ The vendorldistributor is the owner of used equipment that would represent a best-value purchase for the CRY and Is advantaneous to the City._(Please provide lnf+ormation on current market prices,availability,etc.) What necessary features does this vendor provide which are not available from other vendors? Please be I spell The system/bittings must be supported by the originating locksmith, it maintains the integrity of the system. Please see the two(2)attached letters from CK's Lockshop and Medeco which describe the justification for sole source. _. .. Attach documentation to substantiate this sole source claim Including but not limited to, vendor quotes, product manuals,sole source letters,and pafents or copyrights. ,, ... .. _. ,.,. 777,77, „f , My department`s recommendation for a sole source purchase is based upon an objective review of the produeVservice required and appears to be in the best Interest of the City, I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities,flavors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials,or firms been a deciding influence on my request to sole source this purchase when there are other known sur kers that exist 7, rtmsnt Director �igoatu� Date 2.Purchasing Manager/Finance Director Based on the information provided in Sections A and B and the attached supporting documents, I recommend ❑/do not recommend ®this being certified as a sole source. Required®!not redullill ❑tili�ea iverUsed for a period of 7 business days before award, Signature - Date 2 Page 196 of 973 Greco-Arencibia, Adrianna From: Robert Stephens <robert@cksecurity.com> Sent: Thursday, August 27, 2020 10:56 AM To: Greco-Arencibia,Adrianna Subject: Sole Source Letter Hello Adrianna, CK's Lockshop and Security Center is the sole source provider to the City of Boynton Beach for the Medeco and Keymark high security locks and keys. Thank you, Robert Stephens Robert Stephens � Owner CK's Lockshop&Security Center 301 S.E.4th Street i Boynton Beach, FL 33435 Ckshop & `kF (561)732-9418 Security Cor Providing Peace of Mind Since 9960. Locations in:Boynton Beach,, Delray Beach. •Keys •Locks •Safes •Decorative 1 Commercial Hardware •Access Control Systems •Card&Key Fobs • Medeco High Security Locks •Alarms/Monitoring •Surveillance Camera Systems 1 Page 197 of 973 ASSA ABLOY,the global leader Mod= in door opening solutions IL January 28, 2021 To Whom it May Concern, This letter is to confirm that the LS3 and Medeco X4 systems in place for the City of Boynton Beach is of a proprietary nature. All system/biins generate by a Medeco locksmith in the LS3 and Medeco X4 Service Center programs must be supported by the originating locksmith. This is a contractual obligation between Medeco Security Locks and the Service Centers to assure the highest level of key control and this key control is what maintains the integrity of the system. As the systems for the City of Boynton Beach were created by CK's Lockshop& Security Center located at 301 S.E. 4P1i Street, Boynton Beach, FL 33435,the sole source for additional product for that key system(s) is CK's Lockshop& Security Center and must be purchased exclusively from CK's Lockshop & Security Center. If at any time a Medeco dealer does not fulfill its contractual obligation to support a customer and/or end user to its satisfaction, that customer and/or end user has the right to contact Medeco Security Locks for mediation. If you have any questions, please call me at 5401380-1649. Sincerely, RhonL a Loyd Legal Administrator Medeco,a division of ASSA ABLOY High Security Group INC Page 198 of 9--�- 6.E. Consent Agenda 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Proposed Resolution No. R21-108-Amend the FY 2020-21 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Fleet Fund (501)for approved FY 2020-2021 Fleet purchases. Explanation of Request: The FY 2020-21 Vehicle Purchase Budget was adopted in September of 2020 for $5,205,345, with the Fleet Fund total budget being $9,661,545. In January 2021, Commission adjusted the adopted Vehicle Purchase Budget to $6,342,758 to reflect outstanding FY19-20 purchase order encumbrances (Fleet Fund Budget= 10,799,384). Four (4) replacement vehicles (approved in the FY 20-21 Fleet Replacement budget) have not been purchased. To complete this previously approved purchase, Staff requests that the vehicle purchases be amended from$6,342,758 to $6,502,655 (Fleet Fund Budget= $10,799,384 to $10,959,291). How will this affect city programs or services? The City would continue to follow good and appropriate budgeting practices. Fiscal Impact: See Exhibit A for a summary of the fiscal impact. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 199 of 973 Type Description D Resolution Resolution approving Fleet and Budget Amendment D Attachment Attachment 1 ® Fleet and Adjustment Exhibit Page 200 of 973 I RESOLUTION R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING WHICH WILL ADJUST BUDGETED APPROPRIATIONS AND 5 REVENUE SOURCES AND PROVIDE SPENDING AUTHORITY FOR THE 6 FLEET FUND (501) FOR APPROVED FY 2020-2021 FLEET PURCHASES; 7 AND PROVIDING FOR AN EFFECTIVE DATE. 8 9 10 11 WHEREAS, the FY 2020-21 Vehicle Purchase Budget was adopted in September of 12 2020 for $5,205,345, with the Fleet Fund total budget being $9,661,545; and 13 WHEREAS, in January 2021, Commission adjusted the adopted Vehicle Purchase 14 Budget to $6,342,758 to reflect outstanding FY19-20 purchase order encumbrances (Fleet 15 Fund Budget = 10,799,384); and 16 WHEREAS, four (4) replacement vehicles (approved in the FY 20-21 Fleet Replacement 17 budget) have not been purchased; and 18 WHEREAS, accordingly to complete this previously approved purchase, staff is 19 requesting that the vehicle purchases be amended from $6,342,758 to $6,502,655 (Fleet Fund 20 Budget =$10,799,384 to $10,959,291). 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. Hereby amending the FY 2020-21 budget as noted on Exhibit "A" 27 attached hereto, which will adjust budgeted appropriations and revenue sources and provide 28 spending authority for the Fleet Fund (501) for approved FY 2020-2021 Fleet purchases. 1 S:ACA\RESO\Budget\2020-2021 Budget\FY20-21 Fleet Budget Amendment Resolution-(September 8,2021).Docx Page 201 of 973 29 Section 3. This Resolution shall become effective immediately upon passage. 30 PASSED AND ADOPTED this 8th day of September, 2021. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 YES NO 34 35 Mayor— Steven B. Grant 36 37 Vice Mayor—Woodrow L. Hay 38 39 Commissioner—Justin Katz 40 41 Commissioner—Christina L. Romelus 42 43 Commissioner—Ty Penserga 44 45 46 VOTE 47 ATTEST: 48 49 50 51 Crystal Gibson, MMC 52 City Clerk 53 54 55 (Corporate Seal) 2 S:ACA\RESO\Budget\2020-2021 Budget\FY20-21 Fleet Budget Amendment Resolution-(September 8,2021).Docx Page 202 of 973 CITY OF BOYNTON BEACH Exhibit A EXPENDITURE&REVENUE AMENDMENTS BUDGET YEAR 2020-21 2020/21 CITY MANAGER 2020/21 ADOPTED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET Fleet Fund(501) 501-0000-389.92-00 Net Assets Appropriation 1,863,953 159,907 2,023,860 Adopted Fund Total Revenues 10,799,384 159,907 10,959,291 501-2516-519.64-33 Fleet Fund-Vehicle Purchases 6,342,758 159,907 6,502,665 Adopted Fund Total Expenses 10,799,384 159,907 10,959,291 Page 203 of 973 6.F. Consent Agenda 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Approve a $19,000 increase to RDK Truck Sales for original equipment manufacturer approved service and repair on GS product vehicles and equipment as a sole source vendor from$30,000 to $49,000. Explanation of Request: RDK provides all OEM parts/equipment and repairs the City's Automated Side Loader solid waste vehicles (Sole Source justification letter is attached). Staff requests an increase in the amount of$19,000 (blanket PO#210395) increasing the $30,000 budget to $49,000. The increase is to cover the unexpected repair cost to vehicle 1976 which is a solid waste (garbage) truck. How will this affect city programs or services? N/A Fiscal Impact: Funded from the Vehicle Maintenance- Garage Acct (No. 501-2516-519.46-30) Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: RDK Truck Sales Start Date: End Date: Page 204 of 973 Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Type Description D Other Agenda Backup® RDK Truck Sales® COI exp 2®22-22.p f D Sole Source Letter Attachment 1 -RDK Truck Sales® Sole Source Form Wth Letter Page 205 of 973 O 0 DATE( AC COO CERTIFICATE OF LIABILITY INSURANCE MMIDDMlYY)llk.� r 6/2212021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT YOUZOOm Insurance Services, Inc. PN ONE FAX 6900 College Blvd. •888-240-8803 Ale.No):877-835-1833 Ste. 1000 anoaESS. AMSer%(iceCenterQarrowheadgrp.com Overland Park,KS 66211 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Allied World Specialty Insurance Company 16624 INSURED RDKASSE-01 INSURER B:Starstone National Insurance Company 25496 RDK Assets, Inc, INSURER C: 3214 E Adamo Drive Tampa,FL 33605 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:1199474898 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR r--..._ %D SBR POLICY EFf POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER M/D UM1TS A JCOMMERCIAL GENERAL LIABILITY Y 6203201500 212212021 2/22/2022 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS MADEOCCUR PREMISES Ea occu erica S 1,000,000 MED EXP(My one parson) $5.000 PERSONAL&ADV INJURY S1,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S3,000.000 POLICY J JECT I�LOC PRODUCTS-COMPIOP AGG $1,000,000 OTHER: $ A ,AUTOMOBtLE LIABILITY 6203201500 2122/2021 2/2212022 COMBINED SINGLE LIMIT $1,000,000 _ Me accident I X�ANY AUTO BODILY INJURY(Per person) $ OWNED — ;SCHEOULED AUTOS ONLY I AUTOS BODILY INJURY(Per accident) $ _ i HIRED NON-OWNED ( PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Per acddent S B UMBRELLA LIAR X OCCUR D77088210AL1 2122/2021 212212022 EACH OCCURRENCE $5,000,000 1 X EXCESS UAB CLAIMS-MADE AGGREGATE $5,000,000 DED ! 1 RETENTION$ ProplComp Op $5.000,000 WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN PER ERS ANYPROPRIETORIPARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICERiMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Garagekeepers 6203201500 212212021 2/2212022 Limit m $750,000 Physical Damage Llt $2,400,000 Garage Dealer liability UmiY See Dese Of Ops I i I I DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) Garagekeepers Includes On-Hook Coverage: Garage Dealers Liability coverage is provided On an"Any Auto"basis. Garage Dealer Liability-Each Accident Limit$1,000,000;Aggregate of$3,000,000 applies to the Garage Liability. The City of Boynton Beach,its officers,employees,and agents are included as Additional Insured with respect to General Liability policy where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Boynton Beach P.O.Box 310 AUTHORIZED REPRESENTATIVE Baynton Beach,FL 33425-0310 Y oo1nr *w&S jr me ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Page 206 of 973 I, ff 7 a Purchasing Division Sole/Single Source Justification Form This form shall be conplefed and approved prior io all sole source purchases Sole Source Definition-Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity,service,or construction, or, b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or, c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Deflnition -A procurement decision whereby purchases are directed to one source because of standardization,warranty, or other factors,even though other competitive sources may be available. Requestor ._ — -- Department Public Works Division Fleet Maintenance Point of Contact Bill Darty Phone Number 561-742-6215 Vendor Company Name RDK Truck Sales — Address 3214 Adamo Dr,Tampa, FL 33605 Phone Number 813&735-8789 _ - Point of Contact and Title Janie Hemminger,VP of Operations What other vendors were contacted? (List company name, contact, and phone number and explain why they were not suitable) Product or Service Produc0ervice Name OEM GS Product vehicles and equipment Manufacturer GSP Marketing Inc, G-S Products Make/Model# Prir,'c; I Did you negotiate the tem':or prices with the vendor?❑Yes X No Why is this price considered to be fair and reasonable?Comparison performed using the State of Florida Managed Services website to compare rates on what they have on file for Consultants. 1 Page 207 of 973 Purchasing Division SolelSin Ie Source Justification Foam Will this purchase obligate the City to a particular vendor In the future?(Either in terms of maintenance, sendc:es�ot re-purchase for compatibility reasons)®Yes ❑No . r This Is a sole source because(choose any that apply): - X Sole provider of a licensed or patented good or service X Single Source provider of items compatible with existing equipment, inventory, systems, programs, or ' services. ❑ Single Source provider of goods and services for which the city has established a standard.(new standards require the competitive solicitation process) X Single Source offactM-authorized warranty service ❑ Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best value purchase for the I City and is advantageous to the City.(Please provide information on current market prices,availability,etc.) , What necessary features does this vendor provide which are not available from other vendors?Please be specific. RDK Truck Sales in Tampa is the sole source repair shop facility in the state of Florida for j repairslwarranty on the equipmentivehicles. Please attached letter from Manufacturer GSP Marketing Linc. which describes the fustification for sole source Attach documentation to substantiate this sole source claim including but not limited to:vendor quotes, product manuals,sole source letters,and patents or copyrights. My departrnenrs recommendation for a sole source purchase is based upon an objective review of the producUservice required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities,favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials,or firms been a deciding influence on my request to sole source this purchase when there are other } knowm suppliers that exist 1.D partment Director 4 d Date 2.Purchasing Manager/Flnance Director Based on the information provided in Sections A and B and the atisched supporting documents, I recommend ❑I do not recommend ® this being certified as a sole source. Required®1 not requi Ej,to.be advertised for a period of 7 business days before award. I Signature Date 2 Page 208 of 973 GSP r, Inclo 322 Lavensville Road Somerset.PA 15501 Phone 814-445-5866 is Fax 814.943-4866 www.g4products.com August 27, 2020 City of Boynton Beach 222 NE 91' Ave Boynton Beach, FL 33435 To Whom It May Concern: RDK Track Sales in Tampa is the sole source repair shop facility in the state of Florida. If you have any questions about this please give me a call at 814-445-5866. Sincerely Janie Hemminger VP of Operations --Page 209-aI-x_;7-3 6.G. Consent Agenda 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Proposed Resolution No. R21-109-Approve and Authorize the Mayor to sign Subrecipient Agreements for the Community Development Block Grant- Corona Virus Cares Act. Allocations 1 & 3; as adopted in resolution R21-092, for the FY 2019 CDBG Consolidated/One Year Action Plan Amendment. Explanation of Request: The City of Boynton Beach was allocated a combined total of$911,184 by the U.S. Department of Housing and Urban Development through the Community Development Block Grant- Coronavirus (CDBG-CV) Cares Act., Allocations 1 & 3. As Adopted on August 3, 2021, by Resolution R21-092, funds will be used for the following eligible activities: Emergency Rental Assistance $370,645 Public Services/Food Distribution $358,303 Planning and Administration $182,236 How will this affect city programs or services? Local nonprofit service providers of CDBG-CV eligible services and programs to low and low-moderate income residents of the City of Boynton Beach have submitted grant applications requesting funds to assist in the delivery of their services. As the result of approval, they have provided budgets and scopes of services and are contracting with the City of Boynton Beach to be reimbursed. Fiscal Impact: Non-budgeted The City will reimburse the following agencies for services provided. Feeding South Florida $358,303 Boynton Beach Faith Based CDC $370,645 Total Sub Recipient Funding $728,948 Alternatives: N/A Strategic Plan: Building Wealth in the Community Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Yes G rant Amount: 911,184 Page 210 of 973 Attachments: Type Description D Resolution Resolution approving Subrecipient Agreements- CAR ACT D Addendum FY 2019®Amendment® CDBG CV 1 and 3- R21-092 D Addendum Feeding South Florida Complete CDBG-CV Application D Addendum Feeding South Florida CDBG-CV Subrecipient Agreement D Addendum Boynton each Faith-Based CDC ® CDBG-CV Complete Application ® Revised D Addendum Boynton each Faith-Based CDC CDBG-CV Subrecipient Agreement Page 211 of 973 I RESOLUTION R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN 5 SUBRECIPIENT AGREEMENTS FOR THE COMMUNITY 6 DEVELOPMENT BLOCK GRANT - CORONA VIRUS CARES ACT 7 ALLOCATIONS 1 & 3; AS ADOPTED IN RESOLUTION R21-092, 8 FOR THE FY 2019 CDBG CONSOLIDATED/ONE YEAR ACTION 9 PLAN AMENDMENT;AND PROVIDING AN EFFECTIVE DATE. 10 I i WHEREAS, The City of Boynton Beach was allocated a combined total of$911,184 by the U.S. 12 Department of Housing and Urban Development through the Community Development Block Grant - 13 Coronavirus (CDBG-CV) Cares Act., Allocations 1 &3; and 14 WHEREAS, As Adopted on August 3, 2021, by Resolution R21-092, funds will be used 15 for the following eligible activities: Emergency Rental Assistance $370,645, Public 16 Services/Food Distribution $358,303, and Planning and Administration $182,236; and 17 WHEREAS, City Staff is recommending to Approve and Authorize the Mayor to sign 18 Subrecipient Agreements for the Community Development Block Grant - Corona Virus Cares 19 Act Allocations 1 & 3; as adopted in Resolution R21-092, for the FY 2019 CDBG 20 Consolidated/One Year Action Plan Amendment. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 27 approve and authorize the Mayor to sign Subrecipient Agreements for the Community S:ACA\RESO\Agreements\Grants\CDBG-SubRecipient Agreements CARES ACT -Reso.docx 1 Page 212 of 973 28 Development Block Grant - Corona Virus Cares Act Allocations 1 & 3; as adopted in Resolution 29 R21-092, for the FY 2019 CDBG Consolidated/One Year Action Plan Amendment. 30 Section 3. This Resolution will become effective immediately upon passage. 31 PASSED AND ADOPTED this 8th day of September, 2021. 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 YES NO 35 36 Mayor— Steven B. Grant 37 38 Vice Mayor—Woodrow L. Hay 39 40 Commissioner—Justin Katz 41 42 Commissioner— Christina L. Romelus 43 44 Commissioner—Ty Penserga 45 46 47 VOTE 48 49 ATTEST: 50 51 52 53 Crystal Gibson, MMC 54 City Clerk 55 56 57 58 (Corporate Seal) 59 S:ACA\RESO\Agreements\Grants\CDBG-SubRecipient Agreements CARES ACT -Reso.docx 2 Page 213 of 973 I RESOLUTION R21-092 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, RESCINDING RESOLUTION R20-059 AND 5 APPROVING FIRST AMENDMENT TO THE CDBG ANNUAL 6 ACTION PLAN FY 2019/2020 FOR CDBG CARES ACT 7 ALLOCATIONS 1 AND 3; AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 11 WHEREAS, the City of Boynton Beach has been allocated a combined total of 12 $911,184 in additional CDBG funds under the CARES Act to provide citizens with 13 supplemental funds for the prevention of, preparation for, and response to coronavirus impacts; 14 and 15 WHEREAS, The City is required to amend its current Consolidated Plan and Annual 16 Action Plan to receive these funds and must follow the federal regulations of 24 CFR Part 17 91.05(c)(2) regarding citizen participation and all applicable waivers and flexibilities made 18 available under the CARES Act; and 19 WHEREAS, the City's Financial Services Department, through the Community 20 Improvement Division, manages the CDBG Program and will administer these additional 21 resources; and 22 WHEREAS, the City is proposing to re-allocate these funds to eligible activities which 23 directly respond to Coronavirus and in order to do so the original Resolution must be rescinded 24 and the amendment to the Action Plan adopted; and 25 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 26 interest of the citizens and residents of the City to rescind Resolution R20-059 and approve the 27 First Amendment to the CDBG Annual Action Plan FY 2019 for CDBG Cares Act allocations 28 1 and 3. S:1CA\RES0\Approve First Amendment to CDBG One Year Action Plan 2019 Cares Act Allocations-Reso.docx 1 Page 214 of 973 29 NOW, THEREFORE_., BE IT RESOLVED BY THE CITY COMMISSION OF 3o THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. 34 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 35 rescind Resolution R20-059; and 36 Section 3. The City Commission hereby approves the First Amendment to the 37 CDBG Annual Action Plan FY 2019 for CDBG Cares Act allocations 1 and 3. 38 Section 4. This Resolution will become effective immediately upon passage. 39 PASSED AND ADOPTED this 3rd day of August, 2021. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor—Steven B. Grant 45 46 Vice Mayor— Woodrow L. Hay 47 48 Commissioner—Justin Katz 49 50 Commissioner—Christina L. Romelus 51 52 Commissioner—Ty Penserga 53 54 VOTE 55 ATTEST: 56 57 58 �1 59 Tammy Stanz' ne 60 Deputy City Jerk � 61 62 63 64 (Corporate Seal) SXA\RESO\Approve First Amendment to CDBG One Year Action Plan 2019 Cares Act Allocations-Reso.docx 2 Page 215 of 973 R21-092 Notice to the Public From the Department of Development/Community Improvement Division Community Development Block Grant(CDBG)Program Coronavirus Aid,Relief and Economic Security Act(CARES Act)Amendment The City of Boynton Beach has been allocated a combined total of$911,184 in additional CDBG funds under the CARES Act to provide citizens with supplemental funds to prevent,prepare for,and respond to coronavirus. The City's Development Department, through the Community Improvement Division, manages the CDBG Program and will administer these additional resources. The City of Boynton Beach was awarded two rounds of funding from HUD in the following amounts: • CDBG-CV Round 1-$351,815 • CDBG-CV Round 3-$559,369 The City is required to amend its current Consolidated Plan and FY 2019 Annual Action Plan to receive these funds and must follow the federal regulations of 24 CFR Part 91.05(c)(2) regarding citizen participation and all applicable waivers and flexibilities made available under the CARES Act. The purpose of this Notice is to fulfill those requirements. Citizens will have a 5-day public review and comment period starting on July 14,2021 and ending on July 18,2021 and may provide comments to the following: Community Improvement Division Attn:R.J. Ramirez,Grants Manager 101 E.Ocean Avenue Boynton Beach, FL 33425 Email• r�riir cs�lbbf.LIS, eloggsed Uses of CDBG CARES Act Funds: The objective of these funds is to assist low and moderate-income individuals and families impacted by the coronavirus. The City is proposing to allocate these funds to the following eligible activities which directly respond to Coronavirus: • Emergency Rental Assistance $370,645 • Public Services/Food Distribution $358,303 • Planning and Administration $182,236 Activities and Implementing Partners: Boynton Beach Faith Based Community Development - will provide intake/application services and coordinate a rental assistance program and ensure the eligibility of all households participating in the program. Payments will be made directly to landlords on behalf of the approved households. The city will award$370,645 under a sub-recipient agreement for these purposes. Approximately 70 households will receive a grant of up to three months of rental assistance. Feeding South Florida—assistance will be provided to this organization to address the increased need for food distribution through locations within Boynton Beach. The city will be providing funding in the amount of$358,303 for increased costs for food distributed to households impacted by coronavirus. More than 3,000 persons/households received food items. Page 216 of 973 7/16/2021 CDBG Program and CARES Act Amendment I City of Boynton Beach CDBG PROGRAM AND CARES ACT AMENDMENT HOME(/) / CDBG (/CDBG) / CDBG PROGRAM AND CARES ACT AMENDMENT Notice to the Public From the Department of Development/Community Improvement Division Community Development Block Grant (CDBG) Program Coronavirus Aid, Relief and Economic Security Act (CARES Act) Amendment The City of Boynton Beach has been allocated a combined total of$911,184 in additional CDBG funds under the CARES Act to provide citizens with supplemental funds to prevent, prepare for, and respond to coronavirus. The City's Development Department, through the Community Improvement Division, manages the CDBG Program and will administer these additional resources. The City of Boynton Beach was awarded two rounds of funding from HUD in the following amounts: • CDBG-CV Round 1 - $351,815 • CDBG-CV Round 3 - $559,369 The City is required to amend its current Consolidated Plan and FY 2019 Annual Action Plan to receive these funds and must follow the federal regulations of 24 CFR Part 91.05(c)(2) regarding citizen participation and all applicable waivers and flexibilities made available under the CARES Act. The purpose of this Notice is to fulfill those requirements. Citizens will have a 5-day public review and comment period starting on July 14, 2021 and ending on July 18, 2021 and may provide comments to the following: Community Improvement Division Attn: R.J. Ramirez, Community Improvement Program Manager 100 E. Ocean Avenue Boynton Beach, FL 33435 Email: ramirezr@bbfl.us (mailto:ramirezr@a bbfl.us) https://www,boynton-beach.org/cdbgMbg-program-and-cares-act-amendffmn# Page 217 0Yb73 7/16/2021 CDBG Program and CARES Act Amendment(City of Boynton Beach Proposed Uses of CDBG CARES Act Funds: The objective of these funds is to assist low and moderate-income individuals and families impacted by the coronavirus. The City is proposing to allocate these funds to the following eligible activities which directly respond to Coronavirus: • Emergency Rental Assistance: $370,645 • Public Services/Food Distribution: $358,303 • Planning and Administration : $182,236 Activities and implementing Partners: Boynton Beach Faith Based Community Development - will provide intake/application services and coordinate a rental assistance program and ensure the eligibility of all households participating in the program. Payments will be made directly to landlords on behalf of the approved households. The city will award $370,645 under a sub-recipient agreement for these purposes. Approximately 70 households will receive a grant of up to three months of rental assistance. Feeding South Florida - assistance will be provided to this organization to address the increased need for food distribution through locations within Boynton Beach. The city will be providing funding in the amount of $358,303 for increased costs for food distributed to households impacted by coronavirus. More than 3,000 persons/households received food items. f City Hall: 100 E. Ocean Ave. Boynton Beach, FL 33435 Phone: 561-742-6000 Contact City_( contact). httpsJlwww.boyntDn-boach.org/od bgfcdbg-program-and-cares-act-amendrmnt Page 218 ^73 7/16/2021 CDBG Program and CARES Act Amendment I City of Boynton Beach SITEMAP(/sitemap) PRIVACY POLICY(/privacy-policy) ADA NOTICE(/ada-notice) 02019 All Rights Reserved httpsJ/www.boyntor-boach.oM/cdbg/cdbg-program-and-cares-act-amndment 3/3 Page 219 of 973 OMB Number.4040-0004 Expiration Date:12!31/2022 Application for Federal Assistance SF-424 '1.Type of Submission: "2,Type of Application: •N Revision,select appropriate letter(s): Ej Preapplication Z New ®Application [-1 Continuation 'other(Specify): E]Changed/Corrected Application E]Revision _ _.,., —1 •3.Date Received: 4.Applicant Identifier. _ 5a,Federal Entity identifier. 5b.Federal Award Identifier, f r State Use Only: 6.Date Received by State: 7.State Application Identifier 8.APPLICANT INFORMATION: Legal Name: City of Boynton Beach b.EmployedTaxpayer Identification Number(EINMN): *a UEI: 59 6000282 072247133000 -._. .. .._..... �W. d.Address: •Street!: 100 East Ocean Avenue Street2: - 'City: [Boynton Beach County/Parish: Palm Beach •State: FL Florida Province: I •Country: USA: UNITED STATES •Zip/Postal Code: F3 3435-0310 ? e.Organizational Unit: Department Name: Division Name: CDevelopment Community Improvement f.Name and contact information of person to be contacted on matters involving this application: Prefix: Mr First Name: RJ Middle Name: I I 'Last Name: !Ramirez I. SUM)C i Title: ':Community Improvement Program Manager Organizational Affiliation: 'Telephone Number. 561-742-6359 Fax Number. `Email: 1ramirezr@bbf1.us Page 220 of 973 Application for Federal Assistance SF-424 *9.Type of Applicant 1:Select Applicant Type: C City or Township Government Type of Applicant 2:Select Applicant Type: Type of Applicant 3:Select Applicant Type: *Other(specify): 10.Name of Federal Agency: United States Department of Rousing and Urban Development 11.Catalog of Federal Domestic Assistance Number 14.2.1 CFDA Title: % CDBG u 12.Funding Opportunity Number: a-2o-Mc-12-004s *Title: Community Development Block Grant CARES Act. 13.Competition IdentMcation Number. a w—---------- Title: -kTitle: 14.Areas Affected by Project(Cities,Counties,States,etc.): Add AttacFnent �, t� - *15.Descriptive Tile of Applicants Project: Emergency Rental Assistance and Public Services/Food Distribution Attach supporting documents as specified in agency instructions. AddA#t9dtmehtsw a Cj_ Page 221 of 973 Application for Federal Assistance SF-424 16.Congressional Districts Of: *a.Applicant 2 3 7 *b.ProgramlProject Attach an additional list of Program/Project Congressional Districts if needed. AddActirnt , + 17.Proposed Project: 'a.Start Date 08/03/2021 'b.End Data: 08/03/2022 18,Estimated Funding •a.Federal (V _. 351,815.00 *b.Applicant *c.State iw 'd.Local IwWdWW ywu iw M - iNW, M 'e.Other MWM *f. Program Income 0.00 *g.TOTAL F 351,815.00 *19.Is Application Subject to Review By State Under Executive Order 12372 Process? a.This application was made available to the State under the Executive Order 12372 Process for review on µ,...,..( b.Program Is subject to E.O.12372 but has not been selected by the State for review. � ® c.Program Is not covered by E.O.12372. '20,Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation In attschment) El Yes ®No R"Yes",provide explanation and attach 21.*By signing this application,I certify(1)to the statements contained In the list of certifications**and(2)that the statements herein are true, complete and accurate to the best of my knowledge. i also provide the required assurances'* and agree to comply with any resulting terms if 1 accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001) ®**IAGREE -The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefuc Mrs. *First Name f Lori Middle Name 'Last Name LaVerriere Suffix `Title: City Manages _ _ ,l *Telephone Number: 561-742-6010 Fax Number. i .Email: 1La.VerriereL@bbf1.us *Signature of Authorized Representative: 'Date Signed; PROVED AS TO FORM: Pa a . �2, of 973 CITY ATTORNEY ASSURANCES-CONSTRUCTION PROGRAMS OMB Number:4040-0009 Expiration Date:02128/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0042),Washington,DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency_Further,certain Federal assistance awarding agencies may require applicants to certify to additional assurances.If such is the case,you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional,managerial and financial capability of 1970(42 U.S.C.§§47284763)relating to prescribed (including funds sufficient to pay the non-Federal share standards of merit systems for programs funded of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration(5 C.F.R.900,Subpart F). 2. Will give the awarding agency,the Comptroller General 9. Nil comply with the Lead-Based Paint Poisoning of the United States and,if appropriate,the State, Prevention Act(42 U.S.C.§§4801 et seq.)which the right to examine all records,books,papers,or prohibits the use of lead-based paint in construction or documents related to the assistance;and will establish rehabilitation of residence structures. a proper accounting system in accordance with generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non- directives. discrimination.These include but are not limited to:(a) Title VI of the Civil Rights Act of 1964(P.L.88-352) 3. Will not dispose of,modify the use of,or change the which prohibits discrimination on the basis of race, terms of the real property title or other interest in the color or national origin; (b)Title IX of the Education site and facilities without permission and instructions Amendments of 1972,as amended(20 U.S.C.§§1681 from the awarding agency.Will record the Federal 1683,and 1685-1686),which prohibits discrimination awarding agency directives and will include a covenant on the basis of sex;(c)Section 504 of the in the title of real property acquired in whole or in part Rehabilitation Act of 1973,as amended(29)U.S.C. with Federal assistance funds to assure non- §794),which prohibits discrimination on the basis of discrimination during the useful life of the project. handicaps;(d)the Age Discrimination Act of 1975,as 4. Will comply with the requirements of the assistance amended(42 U.S.C.§§6101-6107),which prohibits awarding agency with regard to the drafting,review and discrimination on the basis of age;(e)the Drug Abuse approval of construction plans and specifications. Office and Treatment Act of 1972(P.L.92-255),as amended relating to nondiscrimination on the basis of 5. Will provide and maintain competent and adequate drug abuse;(f)the Comprehensive Alcohol Abuse and engineering supervision at the construction site to Alcoholism Prevention,Treatment and Rehabilitation ensure that the complete work conforms with the Act of 1970(P.L.91-616),as amended,relating to approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or progressive reports and such other information as may be alcoholism;(g)§§523 and 527 of the Public Health required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 ee 3),as amended,relating to confidentiality of alcohol 6. Will initiate and complete the work within the applicable and drug abuse patient records;(h)Title VIII of the time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968(42 U.S.C.§§3601 at seq.),as amended,relating to nondiscrimination in the sale, 7. Will establish safeguards to prohibit employees from rental or financing of housing;(i)any other using their positions for a purpose that constitutes or nondiscrimination provisions in the specific statue(s) presents the appearance personal or organizational under which application for Federal assistance is being conflict of interest,or personal gain. made;and 0)the requirements of any other nondiscrimination statue(s)which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97) Prescribed by OMB Circular A-102 Page 223 of 973 11. Will comply,or has already complied,with the Federal actions to State(Clean Air)implementation requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of Assistance and Real Property Acquisition Policies Act of 1955, as amended(42 U.S.C.§§7401 et seq.);(g) 1970(P.L,91-646)which provide for fair and equitable protection of underground sources of drinking water treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974,as acquired as a result of Federal and federally-assisted amended(P.L.93523);and,(h)protection of programs.These requirements apply to all interests in real endangered species under the Endangered Species property acquired for project purposes regardless of Act of 1973,as amended(P.L.93-205). Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act(5 U.S.C. 16. Will comply with the Wild and Scenic Rivers Act of §§1501-1508 and 7324-7328)which limit the political 1968(16 U.S.C.§§1271 et seq.)related to protecting components or potential components of the national activities of employees whose principal employment wild and scenic rivers system. activities are funded in whole or in part with Federal funds. 13. Will comply,as applicable,with the provisions of the Davis- 17. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act with Section 106 of the National Historic Preservation Act of 1966,as amended(16 U.S.C.§470), EO 11593 (40 U.S.C.sande and 18 U.S.C.§874),and the Contract (identification and protection of historic properties),and Work Hours and Safety Standards Act(40 U.S.C.§x327- the Archaeological and Historic Preservation Act of 333)regarding labor standards for federally-assisted 1974 ch U.S.C.al and i et is Pr. construction subagreements. 14. Will comply with flood insurance purchase requirements of 18. Will cause to be performed the required financial and Section 102(x)of the Flood Disaster Protection Act of 1973 compliance audits in accordance with the Single Audit (P1,93-234)which requires recipients in a special flood Act Amendments of 1996 and OMB Circular No.A-133,"Audits of States, Local Governments,and Non-Profit hazard area to participate in the program and to purchase Organizations." flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other Federal laws,executive orders, regulations,and policies 15. Will comply with environmental standards which may be governing this program. prescribed pursuant to the following:(a)institution of environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g)of Environmental Policy Act of 1969(P.L.91- the Trafficking Victims Protection Act(NPA)of 2000,as 190)and Executive Order(EO)11514;(b)notification amended(22 U.S.C.7104)which prohibits grant award of violating facilities pursuant to EO 11738;(c) recipients or a sub-recipient from(1)Engaging in severe protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time evaluation of flood hazards in floodplains in accordance that the award is in effect(2)Procuring a commercial with EO 11988;(e)assurance of project consistency sex act during the period of time that the award is in with the approved State management program effect or(3)Using forced labor in the performance of the developed under the Coastal Zone Management Act of award or subawards under the award. 1972(16 U.S.C.§§1451 et seq.);(f)conformity of ----------- SIGNATURE z,n.SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE y City Manager APPLICANT ORGANIZATION DATE SUBMITTED City of Boynton Beach SF-424D(Rev.7-97)Back APPROVED AS TO FORM: CITY ATTORNEY Page 224 of 973 Specific Community Development BIock Grant Certifications The Entitlement Community certifies that: Citizen Participation --It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Pian--Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program(i.e., the development of viable urban communities,by providing decent housing and expanding economic opportunities,primarily for persons of low and moderate income)and requirements of 24 CFR Parts 91 and 570. Following a Plan --It is following a current consolidated plan that has been approved by HUD. Use of Funds--It has complied with the following criteria: 1.Maximum Feasible Priority.With respect to activities expected to be assisted with CDBG funds,it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low-and moderate-income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community,and other financial resources are not available(see Optional CDBG Certification). 2.4yerat Benefit,The aggregate use of CDBG funds,including Section 108 guaranteed loans, during program year(s) FY 2019 [a period specified by the grantee 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. 3. 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. In addition,in the case of properties owned and occupied by moderate-income(not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force—It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. Page 225 of 973 Compliance with Anti-discrimination laws--The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d)and the Fair Housing Act(42 U.S.C. 3601-3619)and implementing regulations. Lead-Based Paint--Its activities concerning lead-based paint will comply with the requirements of 24 GFR Part 35, Subparts A,B,J,K and R. Compliance with Laws --It will comply with applicable laws. Signature of Authorized Official Date City Manage Title APPRIN&D Aa TO FORM ,W= ._: .__.. CITY ATTORNEY Page 226 of 973 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing--The jurisdiction will affirmatively further fair housing. Uniform Relocation Act and Anti-displacement and Relocation Plan--It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended,(42 U.S.C.4601-4655)and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti-displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs. Anti-Lobbying--To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of it,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal, amendment,or modification of any Federal contract,grant,loan,or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement, it will complete and submit Standard Farm-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction--The consolidated plan is authorized under State and local law(as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan--The housing activities to be undertaken with Community Development Block Grant,HOME,Emergency Solutions Grant,and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction's consolidated plan. Section 3 --It will comply with section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701u)and implementing regulations at 24 CFR Part 135. Signature of Authorized Official Date City Manager Title NIPROVED AS TO F"o : CITY ATTORNEY Page 227 of 973 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION: Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,I.T.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Page 228 of 973 OMB Number:4040-0004 Expiration Date:12/3112022 Application for Federal Assistance SF-424 1.Type of Submission: '2.Type of Application: `If Revision,select appropriate letter(s): F]Preappiication ®New ®Application F-1 Continuation 'Other(Specify): Changed/Corrected Application Revision •3.Date Received: 4.Applicant Identifier. ba.Federal Entity Identifier: 5b.Federal Award identifier. State Use Only: B.Date Received by State. 7.State Application Identifier. ^L B.APPLICANT INFORMATION: 'a.Legal Name; City of Boynton Beach b.Employer/Taxpayer Identification Number(EINMN): 'c.LJ El: 59-6000282 072249133000 d.Address: 'Streetl' 100 East Ocean Avenue Stneet2: v �� 'City: Boynton Beach County/Parish: palm Beach `State: [FL Flora da Province: ... 'Country: USA: UNITED STATES 'Zip 1 Postal Code: 33435-0310 e.Organizational Unit: Department Name: Division Name: Development [Community Improvement f.Name and contact Information of person to be contacted on matters involving this application: Prefix: Mr 'First Name: RJ Middle Name: Last Name: ��- Suffix: Title: 1community improvement Program tanager Organizational Affiliation: 'Telephone Number 561 742 6359 ( Fax Number: `Email: ramarezr@bbfl us Page 229 of 973 Application for Federal Assistance SF-424 *9.Type of Applicant 1:Select Applicant Type: C: City or Township Government Type of Applicant 2:Select Applicant Type: Type of Applicant 3:Select Applicant Type: Other(specify): A *10.Name of Federal Agency: ,U tin tin edWBtates Department of Housing and Urban Development 1 11.Catalog of Federal Domestic Assistance Number: 114.216 CFDA Title: CDBG *12.Funding Opportunity Number: �B-20-14C-12-0043 N 'Title: lCommunity Development Block Grant CARES Act. 13.Competition Identification Number: 11 i 14.Areas Affected by Project(Cities,Counties,States,.. etc.): ,,,,. d Add *15.Descriptive Title of Applicant's Project: Emergency Rental Assistance and Public Services/Food DistributionN Attach supporting documents as specified In agency Instructions. pg Add Altachmen :i Yom,x ' ,l a. 1 Page 230 of 973 Application for Federal Assistance SF-424 16.Congressional Districts Of: a.Applicant E= 'b.ProgramlPrgect Attach an additional list of Program/Project Congressional Districts if needed. ii I AddAitachrrioit arf ? i" $ xyn 17.Proposed Project: "a.StartDate: 1,08/0 08 � "b.End Date: 103/2022 18.Estimated Funding{S): 'a.Federal 911,189.00', *b.Applicant "c.State d.Local "e.Other •f. Program income 0.001 •g.TOTAL 911 189 00j •19.Is Application Subject to Review By State Under Executive Order 12372 Process? a.This application was made available to the State trader the Executive Order 12372 Process for review on b.Program is subject to E.O.12372 but has not been selected by the State for review. ® c.Program is not covered by E.O.12372. '20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,'provide explanation in attachment) Yes ®No If"Yes",provide explanation and attach TWo", V95'ted. " swrawaas' 21."By signing this application,I certify(1)to the statements contained in the list of certifications-and(2)that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances— and agree to comply with any resulting terms If i accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may subject me to eNrrdnal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001) ®"'I AGREE —The list of certifications and assurances,or an Internet site where you may obtain this list, is stained in the announcement or agency specific Instructions. Authorized Representative: Prefix: w.. Mrs. "First Name: Leri Middle Name: ! E Last Name iLaVerriere suffix `Title: City Manager `Telephone Number. k561-742-6010 Fax Number: `Email: ILaVerriereL@bbfl.us 'Signature of Authorized Representative: `Date Signed: APPROVED AS TO FORM: I RNEYof 973 ASSURANCES-CONSTRUCTION PROGRAMS OMB Number:4040-0009 Expiration Date_0212812022 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0042),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program.If you have questions, please contact the Awarding Agency. Further,certain Federal assistance awarding agencies may require applicants to certify to additional assurances.If such is the case,you will be notified. As the duly authorized representative of the applicant,I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional,managerial and financial capability of 1970(42 U.S.C.§§4728-4763)relating to prescribed (including funds sufficient to pay the non-Federal share standards of merit systems for programs funded of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration(5 C.F.R.900,Subpart F). 2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning of the United States and, if appropriate,the State, Prevention Act(42 U.S.C.§§4801 et seq.)which the right to examine all records,books,papers,or prohibits the use of lead-based paint in construction or documents related to the assistance;and will establish rehabilitation of residence structures. a proper accounting system in accordance with generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non. directives. discrimination.These include but are not limited to:(a) Title VI of the Civil Rights Act of 1964(P.L.88-352) 3. Will not dispose of,modify the use of,or change the which prohibits discrimination on the basis of race, terms of the real property tiffs or other interest in the color or national origin;(b)Idle IX of the Education site and facilities without permission and instructions Amendments of 1972,as amended(20 U.S.C.§§1681 from the awarding agency.Will record the Federal 1683,and 1685-1686),which prohibits discrimination awarding agency directives and will include a covenant on the basis of sex;(c)Section 504 of the in the title of real property acquired in whole or in part Rehabilitation Act of 1973,as amended(29)U.S.C. with Federal assistance funds to assure non- §794),which prohibits discrimination on the basis of discrimination during the useful life of the project. handicaps;(d)the Age Discrimination Act of 1975,as 4. Will comply with the requirements of the assistance amended(42 U.S.C.§§6101-6107),which prohibits awarding agency with regard to the drafting,review and discrimination on the basis of age;(e)the Drug Abuse approval of construction plans and specifications. Office and Treatment Act of 1972(P.L.92-255),as amended relating to nondiscrimination on the basis of S. Will provide and maintain competent and adequate drug abuse;(f)the Comprehensive Alcohol Abuse and engineering supervision at the construction site to Alcoholism Prevention,Treatment and Rehabilitation ensure that the complete work conforms with the Act of 1970(P.L.91-616),as amended,relating to approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or progressive reports and such other information as may be alcoholism;(g)§§523 and 527 of the Public Health required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 as 6. Will initiate and complete the work within the livable 3),as amended,relating to confidentiality of alcohol P PP and drug abuse patient records;(h)Title VIII of the time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968(42 U.S.G.§§3601 et seq.),as amended,relating to nondiscrimination in the sale, 7. Will establish safeguards to prohibit employees fromamended, or financing of housing;(i)any other using their positions far a purpose that constitutes or nondiscrimination provisions in the specific statue(s) presents the appearance personal or organizational under which application for Federal assistance is being conflict of interest,or personal gain. made;and 0)the requirements of any other nondiscrimination statue(s)which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97) Prescribed by OMB Circular A-102 Page 232 of 973 11. Will comply,or has already complied,with the Federal actions to State(Clean Air)implementation requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of Assistance and Real Property Acquisition Policies Act of 1955,as amended(42 U.S.C.§§7401 et seq.);(g) 1970(P.L.91-646)which provide for fair and equitable protection of underground sources of drinking water treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974,as acquired as a result of Federal and federally-assisted amended(P.L.93-523);and,(h) protection of programs.These requirements apply to all interests in real endangered species under the Endangered Species property acquired for project purposes regardless of Act of 1973,as amended(P.L.93-205). Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act(5 U.S.C. 16. Will comply with the Wild and Scenic Rivers Act of §§1501-1508 and 7324-7328)which limit the political 1968(16 U.S.C.§§1271 at seq.) related to protecting components or potential components of the national activities of employees whose principal employment wild and scenic rivers system. activities are funded in whole or in part with Federal funds. 13. Will comply,as applicable,with the provisions of the Davis- 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act Act of 1966,as amended(16 U.S.C.§470), EO 11593 (40 U.S.C.§276c and 18 U.S.C.§874),and the Contract (identification and protection of historic properties),and Work Hours and Safety Standards Act(40 U.S.C.§§327- the Archaeological and Historic Preservation Act of 333)regarding labor standards for federally-assisted 1974(16 U.S.C.§§469a-1 at seq). construction subagreements. 14. Will comply with flood insurance purchase requirements of 18. Will cause to be performed the required financial and Section 102(a)of the Flood Disaster Protection Act of 1973 compliance audits in accordance with the Single Audit (P.L.93-234)which requires recipients in a special flood Act Amendments of 1996 and OMB Circular No.A-133, "Audits of States,Local Governments,and Non-Profit hazard area to participate in the program and to purchase Organizations." flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other 15. Will comply with environmental standards which may be Federal laws,executive orders, regulations,and policies prescribed pursuant to the following:(a)institution of governing this program. environmental quality control measures under the National 20. Will comply with the requirements of Section 106(8)of Environmental Policy Act of 1969(P.L.91- the Trafficking Victims Protection Act(TVPA)of 2000,as 190)and Executive Order(EO)11514;(b)notification amended(22 U.S.C.7104)which prohibits grant award of violating facilities pursuant to EO 11738;(c) recipients or a sub-recipient from(1)Engaging in severe protection of wetlands pursuant to EO 11990;(d) forms of trafficking in persons during the period of time evaluation of flood hazards in floodplains in accordance that the award is in effect(2)Procuring a commercial with EO 11988;(e)assurance of project consistency sex act during the period of time that the award is in with the approved State management program effect or(3)Using forced labor in the performance of the developed under the Coastal Zone Management Act of award or subawards under the award. 1972(16 U.S.C.§§1451 et seq.);(f)conformity of SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE - City Manager ._ i APPLICANT ORGANIZATION DATE SUBMITTED 1 City of Boynton Beach SF-424D(Rev.7-97)Back APPROVED AS TO FORM. CITY RNE` Page 233 of 973 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing--The jurisdiction will affirmatively further fair housing. Uniform Relocation Act and Anti-displacement and Relocation Plan--It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended,(42 U.S.C. 4601-4655)and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti-displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs. Anti-Lobbying--To the best of the jurisdiction's knowledge and belief, 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of it,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract, grant, loan,or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction--The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan--The housing activities to be undertaken with Community Development Block Grant,HOME,Emergency Solutions Grant,and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction's consolidated plan. Section 3--It will comply with section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701u)and implementing regulations at 24 CFR Part 135. Signature of Authorized Official Date City Manager Title APPROVED AS TO FORM: CITY ATTORNEY Page 234 of 973 Specific Community Development Block Grant Certifications The Entitlement Community certifies that: Citizen Participation--It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan--Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program(i.e.,the development of viable urban communities,by providing decent housing and expanding economic opportunities,primarily for persons of low and moderate income)and requirements of 24 CFR Parts 91 and 570. Following a Pian--It is following a current consolidated plan that has been approved by HUD. Use of Funds--It has complied with the following criteria: 1.Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds,it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low-and moderate-income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available(see Optional CDBG Certification). 2. Overall Benefit.The aggregate use of CDBG funds,including Section 108 guaranteed loans, during program year(s) FY 2019 [a period specified by the grantee 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. 3 Special As, essments. 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. In addition,in the case of properties owned and occupied by moderate-income(not low-income) families,an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force--It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. Page 235 of 973 Compliance with Anti-discrimination laws--The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964(42 U.S.C.2004d)and the Fair Housing Act(42 U.S.C.3601-3619)and implementing regulations. Lead-Based Paint--Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35,Subparts A,B,3,K and R. Compliance with Laws--It will comply with applicable laws. Signature of Authorized Official Date City Manager Title APPROVED AS TO FOR CITY ATTORNEY Page 236 of 973 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION: Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Page 237 of 973 s, n ,t COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING APPLICATION CDBG-CV FOR INFORMATION OR QUESTIONS, PLEASE CONTACT: CITY OF BOYNTON DEPARTMENT OF DEVELOPMENT COMMUNITY IMPROVEMENT DIVISION 100 East Ocean Avenue Boynton Beach, FL 33435 Telephone: 561-742-6359 RJ Ramirez Community Improvement Program Manager Email: ramirezr@bbfl.us Page 238 of 973 Agency Name: Feeding South Florida Project: Feeding Boynton Beach APPLICATION Submit: X Application is signed and dated. By Director, and Board Chairperson X 501(c) (3) Determination Letter X Board Member list. X Copy of latest audit. X All funding sources for this project identified. ADDITIONAL ATTACHMENTS X Attachment 1 Agency Articles of Incorporation and Agency By-laws X Attachment 2 Copies of current license(s) needed to operate (if applicable to the funded activity) X Attachment 3 Oasis Documentation/Information to determine Low-Moderate- Income clientele/Number of clients served X Attachment 4 Detailed budget showing unfunded pounds, total pounds and other funding sources CDBG-CV Funding Application Page 239 of 973 CDBG-CV Funding Request A. GENERAL INFORMATION 1. Name of Applicant: Feeding South Florida _X_ Non-profit Neighborhood Association For-Profit CHDO (Provide copy of your IRS ruling providing tax exempt status under Section 501(c)(3)of the 1986 IRS Code if you area non-profit) 2. Name of Project: Feeding Boynton Beach 3. Area or Location of Project: City of Boynton Beach 4. Contact Person/Title: Francisco Velez (Preferably Pres./Director) Email Address: pvelez@feedingsouthflorida.org Additional Contact Person/Title: Sari Vatske, Executive Vice President (Preferably Person responsible for preparing reports) Alternate Email Address: svatske@feedingsouthflorida.org Mailing Address/Zip: 4925 Park Ridge Blvd, Boynton Beach 33426 Telephone: 954.518.1839 Fax: 5. Grant Request Activity Area: X Public Service Homeless Prevention Services Public Facility Other Public Safety/Crime Prevention Economic Development Senior Services Youth Programs 6. CDBG-CV: (a) Total CDBG-CV Funds Requested $358,303 (b) Total Unduplicated Clients Served Minimum 3,045 (Explain how determined?) Using Oasis Case Management Software, FSF and its partner agencies conduct intake on household demographics including the number of people served. (c) Average Cost Per Client: Each pound of food distributed cost FSF an average of .11 cents. Because of the variable amount of food provided to each client and frequency of use (duplicates), it's hard to determine the exact cost per unique (unduplicated) client. CDBG-CV Funding Application Page 240 of 973 7. Could this project occur without these funds? X Yes No Note:This is a reimbursed project that already occurred. Due to the 200% increased need because of the COVID-19 pandemic, Feeding South Florida expended emergency resources that require replenishment for future operations. 8. Will this project continue after our funding ends? X Yes _ No Feeding South Florida's mission is to provide immediate access to nutritious food and we will therefore continue our mission.The frequency of distributions and amount of food will vary based on funding levels. B. PROPOSED PROJECT: Project Description: Concisely describe your project. This description will be used in future publications should your application be approved. Limit to four sentences. Throughout the COVID-19 pandemic, Feeding South Florida (FSF) coordinated national, state and local resources and stakeholders to support 800 community partners, including the City of Boynton Beach (the City), eight nonprofit partner agencies located within the City and direct service to City families. In the City alone, FSF distributed 4,446,495 pounds of food, 3,055,664 of which were not covered by other funding sources;this output represents more than double the amount in the prior year's distribution. Through weekly drive-thru distributions in partnership with the City, and via direct deliveries to nonprofits and households, FSF supported a minimum of 3,045 unique low-moderate income (LMI) households from March 2020— May 2021. C. PROJECT SUMMARY Provide a detailed description of the proposed project/activity to be funded, including a plan of action explaining in detail how the agency (and who, specifically) will implement the activity: i.e. intake procedures, required documentation, etc. Describe how this activity relates to the overall organizational structure. Be very specific how the CDBG-CV funds are proposed to be used. (Attach additional sheets if necessary) FSF distributed 4,446,495 pounds of food to the City of Boynton Beach via drive-thru distributions, its network of 8 nonprofit partners in the City, and directly to residents of the City via home delivery programs—this represents an increase of more than double the pounds distributed the year prior.The food distributed included fresh produce, protein, dairy and shelf-stable items. Food insecurity is an early indicator that a household is sliding into poverty and potentially homelessness. Our clients often survive on limited budgets and are confronted with choices between paying for food and paying for other essentials.These dilemmas put households in the position of choosing between competing necessities. As told by the most recent US Census Household Pulse Survey (week 30—data collection period between May 12- 24, 2021), here's where families in the South Florida metro-area struggled in the previous seven days: 15.8 percent expected loss in employment income; 7.4 percent experienced housing insecurity; 12 percent experienced food scarcity; 26 percent faced the likelihood of foreclosure or eviction; 31.3 percent had difficulty paying for usual household expenses. Across all indicators, except for the imminent likelihood of eviction or foreclosure which is still stunningly high at 26 percent, South Florida is seeing rates higher than the national average. While the aggressive roll-out of the vaccine gives us hope for the future, South Florida families are struggling and will continue to face challenges for many months and years to come. CDBG-CV Funding Application Page 241 of 973 Throughout the pandemic, FSF coordinated with Feeding America, Feeding Florida,government agencies, school districts, county governments and community partners to deploy food resources; supported the sourcing and distribution costs of food distributed through 800 community partners; and worked with community stakeholders to recruit volunteers to support our distributions. Perhaps most memorable from this period have been our drive-thru community distributions hosted in partnership with municipalities like the City of Boynton Beach. In addition to these highly visible events, we also continued to distribute food through our network of nonprofit partners, eight of which are located in Boynton Beach. Our programming is targeted at communities that present the following indicators: • High food insecurity rate (data is provided to Feeding South Florida by Feeding America) • Percentage of the population at or below 185 percent of the Federal Poverty Level • Percentage of households who are eligible for governmental benefits such as Free/Reduced Price Lunch, Medicaid,TCA, and SNAP • The existence of food deserts as identified by the USDA To ensure we are targeting our efforts effectively, Feeding South Florida and its partner agencies use Oasis Insight for client data management.This web-based client intake and reporting database allows us to simplify and expand the way we track distributions, client activity and report on programs.To capture data at our COVID drive-thru distributions we began using a voucher system where, prior to entering the "drive-thru"the clients are given a voucher.The voucher requests relevant household data and at the end a volunteer collects the voucher, and the data is entered into our client tracking system by volunteers. According to data generated by Oasis, 99.1 percent of our clients in Boynton Beach are considered LMI, 92 percent of whom reported under$20,000 income. Explain how this program fits with your mission. As a food bank, FSF is a central source and clearinghouse for rescued food. We are focused on the logistics of food procurement and its equitable, safe redistribution to the members of our community who are food insecure—meaning they don't know from where they will get their next meal. Simply put, food distribution is our mission.The funds requested are in direct support of our mission. How will it impact your current operation? The COVID-19 pandemic presented FSF, and the South Florida community, with unique challenges that required us to continuously adapt to changing circumstances while seeing a sharp increase in demand for our services.The economic impact of the pandemic was devastating for our region which relies heavily on tourism and hospitality for employment; nearly 40 percent of those seeking our services did so for the first time. The pandemic shifted our food distribution model from typically distributing food through other nonprofits, to a direct-service model that ensured maximum health safety in the form of drive-thrus. With nearly 40 percent of our nonprofit network closed at any given time due to health scares and lack of volunteer support, and the inability of our network to handle the increased amount of perishable items, FSF created 40 weekly drive-thru distributions in partnership with municipalities, including the City of Boynton Beach.The increase in pounds from 70 million in 2019 to 176 million in 2020 required an increased investment in warehouse space, fleet, personnel and equipment. Although FSF was fortunate to receive the in-kind support of many wonderful logistics partners, and CDBG-CV Funding Application Page 242 of 973 financial support from many generous donors, FSF had to dip into its emergency funding to immediately respond. From multiple hurricanes in 2017, to the government shutdown in 2018 and the pandemic in 2020, FSF must be prepared at any moment to respond to families who need us most. How does this program relate to the Consolidated Plan Priority? FSF's food distribution falls in the Supportive Services/Social Services category of the Consolidated Plan. Hunger is a symptom of a larger systemic breakdown and does not exist in isolation. For example, those experiencing housing challenges often experience hunger and have an overall household food budget shortfall. When LMI households are faced with difficult tradeoffs like paying for rent or paying for utilities, food is oftentimes sacrificed and unhealthy copying mechanisms are employed, which lead to health complications and income loss or interference with school performance. That's why in addition to food distribution, FSF aims to break the cycle of hunger and poverty with workforce training programs and assistance with enrolling LMI individuals in benefits assistance programs. However, providing immediate access to nutritious food is the first step toward ensuring a household's needs are met. Does this program serve a targeted neighborhood,who is the targeted population (at least 70%of the City's CDBG-CV funds must directly benefit our low and moderate-income citizens)? Yes. Over 90 percent of those served by Feeding South Florida are classified as LMI. During the pandemic, we saw the need for our services more than double. In fact, approximately 40 percent of those who relied on our services did so for the first time. While their household income might have been higher than the federal poverty level, a complete loss of income immediately created an LMI crisis. Will Program Income be generated from this activity? Revenue was not generated from food distributions. No organization and no person in need ever pays for food assistance. Where will the Program take place? FSF's food distribution program provides food for all of Boynton Beach. In addition to providing support for families directly from our Community Caring Center Choice Pantry at our Feeding Palm Beach County facility off Park Ridge Blvd, FSF provided weekly drive-thru distributions at the Boynton Beach Mall and continues the distributions at the Ezell Hester Center.These drive-thru distributions served anywhere from 500 people to as many as 4,000 in one distribution. FSF also provides home delivery for eligible individuals. Are you working with other organizations in a cooperative effort on the program? Collaboration is essential to FSF's mission;we partner with over 300 nonprofit partner agencies, eight of which are in Boynton Beach. In addition to supporting our network of nonprofit partners, FSF also works with municipalities, school districts, law enforcement, and coordinates support from farmers, retail stores, manufacturers, and distributors, as well as nearly 50,000 volunteers annually. CDBG-CV Funding Application Page 243 of 973 D. Goals/Objectives/Activity Measures: Goal: Ensure the food security of City individuals. Objective#1— Provide immediate access to nutritious food via drive-thru food distributions, increased food availability to nonprofit partner agencies and home delivery of meals to City residents. Goal: Connect LMI individuals with the necessary resources to reduce overall food budget shortfall. Objective#1— Provide immediate access to nutritious food to ensure people didn't go without food because of paying other bills like rent and utilities. Objective#2—Screen for SNAP and other benefit program eligibility and enroll eligible individuals in those assistance programs. E. PROJECT BUDGET Please list applicant's anticipated expenditures, detailing requested funds and applicant's matching funds. Please place C=Cash, S=Sweat Equity, O=Other Grants, D=Donations beside each amount under"Applicant's Match" to denote the type of match being used. Line Item CDBGFunds Applicant's Other Project Total Project Requested Match Funds Budget PROGRAM: Food Program Other TOTALS CDBG-CV Funding Application Page 244 of 973 F. APPLICANT INFORMATION: (Provide a brief description of each) Mission Statement Feeding South Florida's mission is to end hunger in South Florida by providing immediate access to nutritious food, lead hunger and poverty advocacy efforts and transform lives through innovative programming and education. Capacity of Organization As the second largest food bank in the United States, FSF serves 25 percent of the state's food insecure population, serving Palm Beach, Broward, Miami-Dade and Monroe Counties. In response to the COVID- 19 pandemic, from March 2020— February 2021, FSF distributed over 183 million pounds of food, an increase from 70 million pounds in the same time just one year prior. This increase demonstrates FSF's ability to scale as much as necessary to meet an increased need. With nearly 100,000 sq. ft. of warehouse space; 26 tractor/trailers and box trucks that are all refrigerated, have lift gates and electric pallet jacks; 90 employees; and access to a state and national network of food banks and food donors, FSF is well positioned to address and meet any needs of the community. Annual Budget $15,986,000 Reporting Capabilities(include sample copy of form(s) used to capture client demographics,services provided,etc.) FSF uses Oasis Insights, a case management software that captures client information. Providing these demographics and detailed information is not required to receive food but for those clients served directly by FSF, this information is captured. While our network of partner agencies are required to use this software as well, many only capture the demographic data of the head of household and additional family member information may not be captured. However, overall household need is reported. Do financial statements break down income and expenses by programs to follow revenue and disbursements? Is an Audit performed annually? While financial statements do not break down income and expenses by program, FSF's multiple software platforms do allow us to track revenue and expenses by program and county, if requested, ensuring donor restrictions and intent are upheld. For example, the budget prepared for the City of Boynton Beach for this application is for City activity only and accounts for other revenue streams. FSF is audited annually by independent auditors as well as Feeding America and USDA. Governing Body Profile(Does Board membership reflect the community as regards ethnicity,gender and representative of the population served? Is Board Orientation conducted for new members? How often does the Board meet? Include Board Member list) FSF's Board of Directors (and staff) is a diverse group of individuals, including both men and women who identify as Black/African American, Hispanic/LatinX, White/Caucasian and represent several religions. As a member of the Feeding America network, FSF is required to meet the highest of standards and has policies in place that govern conflict of interest, diversity, engagement and other requirements for board excellence, including the Better Business Bureau's Wise Giving Alliance and BoardSource standards. CDBG-CV Funding Application Page 245 of 973 FSF has a Board Development Committee that's led by our Secretary and conducts a formal recruitment, orientation and annual evaluation process for all board members. Although FSF's by-laws call for four annual meetings, the Board meets more frequently as necessary in times of crisis (they met almost monthly during COVID) and has monthly committee meetings.The Board has the following four committees: executive, fundraising, finance, and board development. G. Conflict of Interest Federal law(24 CFR 570.611) prohibits persons who exercise or who have exercised any functions or responsibilities with respect to the above grant...or who are in a position to participate in a decision making process or to gain inside information with regard to such activities, may obtain a financial interest or benefit from an assisted activity...either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 1. Is there any member of the applicant's staff, member of the applicant's Board of Directors, or office who currently is or has/have been within one year of the date of this application a City employee, or a member of the City Commission? Yes _X_ No If yes, please list names: 2. Is there any member of the applicant's staff, member(s) of the Board of Directors, or officer(s) who are business partners or immediate family of a City employee, or a member of the City Commission? Yes _X_ No If yes, please list names: 3. Will the funds requested by the applicant be used to pay the salaries of any of the applicant's staff or award a subcontract to any individual who is or has been within one year of the date of this application a City employee, or a member of the City Commission? Yes X_ No If yes, please list names: CDBG-CV Funding Application Page 246 of 973 The applicant certifies to the best of his/her knowledge and belief that the data in this application is true and correct and that the filing of the application has been duly authorized by the governing body of the applicant (if applicable) and that the applicant will comply with all the requirements of this grant if the application is approved. Name: Harris Siskind Signature: Title: Immediate Past Chair Date: 7.16.21 Name:_ Francisco Velez Signature: Title: President & CEO Date: 7.16.21 CDBG-CV Funding Application Page 247 of 973 O O 16 14 O N N m V I 1 16 O m pp O n V N N N roO W16 D ml o m lr� - ry N — m ------------------ O N N N m m - O O O O O O O O O O O O o N o u o6 16 16 c5 o6 lr� o _ m N N .-+ N N N 1. 16 mN v _ o gK Wl N N n w _ m z N V O m x v LL w z a N r N 1. � _ o m 16 16 o6 4 o6 16 c5 4 F 'L m V V O V N N _ mm Nmm N m N N 4 N m N M F O mm mw N N O d N Z Z ad W W _ < O Q N ww W W K C7 W p Z ad wzo U w N d N Q Z Z W K Z W m O N W y W Nj W O Z O W O 0 m Z U, Q O Z z O W F Z J w ❑ a z > > O W y O w W w Z a 0 0 w Q w a W Q w w J ❑ Z ❑ m m Z o w LL w W LL o. O z U Q Q r Z O 2 2 •• n y 0 < O Y w LL a 0 0 0 w � Z r U yam { 7�j Department of the Treasury IRS1111 Revenue Service P . O . Box 2508 In reply refer to : 0248162362 Cincinnati OH 45201 Oct . 19, 2015 LTR 4168C 0 59-2097520 000000 00 00013885 BODC: TE FEEDING SOUTH FLORIDA INC PACO VELEZ 2501 SW 32ND TER ` = PEMBROKE PARK FL 33023 002718 Employer Identification Number : 59-2097520 Person to Contact : Mr . McQueen Toll Free Telephone Number : 1-877-829--5500 Dear Taxpayer : This is in response to your Oct . 07, 2015, request for information regarding your tax-exempt status . Our records indicate that you were recognized as exempt under section 501 (c) (3) of the Internal Revenue Code in a determination letter issued in July 1981 . Our records also indicate that you are not a private foundation within the meaning of section 509(a) of the Code because you are described in section(s) 509(x) ( 1) and 170 (b) ( 1) (A) (vi) . Donors may deduct contributions to you as provided in section 170 of the Code . Bequests , legacies , devises , transfers , or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055 , 2106 , and 2522 of the Code . Please refer to our website www. irs . gov/eo for information regarding filing requirements . Specifically, section 6033(j ) of the Code provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of the filing due date of the third return for organizations required to file . We will publish a list of organizations whose tax-exempt status was revoked under section 6033(j ) of the Code on our website beginning in early 2011 . Page 249 of 973 ��r�! T�[�j Department of the Treasury K IRS Internal Revenue Service P.O. Box 2508 9 Cincinnati OH 45201 r r 002718.605723.110489.26184 1 AT 0.416 530 y MAIFEEDING SOUTH FLORIDA INC % PACO VELEZ 2501 SW 32ND TER PEMBROKE PARK FL 33023 002718 s CUT OUT AND RETURN THE VOUCHER AT THE BOTTOM OF THIS PAGE IF YOU ARE MAKING A PAYMENT, EVEN IF YOU ALSO HAVE AN INQUIRY. The IRS address must appear in the window. Use for payments 0248162362 Letter Number : LTR4168C BODCD-TE Letter Date : 2015- 10- 19 Tax Period : 000000 I III)I IIII VIII II I IIIIIIII I I I III III *592097520* FEEDING SOUTH FLORIDA INC INTERNAL REVENUE SERVICE % PACO VELEZ P.O. Box 2508 2501 SW 32ND TER Cincinnati OH 45201 PEMBROKE PARK FL 33023 592097520 LN FEED 00 2 000000 670 00000000000 Page 250 of 973 State of Florida Department of State I certify from the records of this office that FEEDING SOUTH FLORIDA, INC. is a corporation organized under the laws of the State of Florida, filed on February 17, 1981. The document number of this corporation is 756490. 1 further certify that said corporation has paid all fees due this office through December 31, 2021, that its most recent annual report/uniform business report was filed on February 9, 2021, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Ninth day of February, 2021 Secretary of State Tracking Number: 0210345020CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication Page 2bl of 973 F E E D I �N G " SOUTH FLORIDA BOARD OF DIRECTORS 12021 Chris Mellgren (Chair) Henry Del Campo Surfside Coffee Company, Chief Wells Fargo, Senior Vice President Executive Officer 333 SE 2nd Avenue, 22nd Floor 888 Biscayne Boulevard, Suite 505 Miami, FL 33131 Miami, FL 33132 Ignacio Felix Harris Siskind (Immediate Past McKinsey&Company, Partner Chair) 78 SW 7" St. #1000 McDermott Will & Emery Miami, FL 33130 33 Avenue of the Americas Suite 4500 Benny J.Gonzalez Miami, Florida 33131 PNC Bank, Senior Vice President, Group Manager- Miami Scott Parker(Treasurer) 1 Alhambra Plaza, Floor PH Ryder, Former CFO Coral Gables, FL 33134 Plantation, FL frankonal@yahoo.com William (Bill) Fletcher Carrier/United Technologies, Senior Julie Dodd (Secretary) Director of Supply Chain Ultimate Software, Former COO 13995 Pasteur Boulevard Weston, FL Palm Beach Gardens, FL 33418 Julie.A.Dodd@gmail.com Robert McCabe Jose Alonso Oppenheimer, Branch Manager, Iberia Bank, Senior Vice President, Senior Director- Investments Managing Director 11780 U. S. Highway 1, Suite N101 18841 NE 29th Avenue North Palm Beach, FL 33408 Aventura, FL 33180 Kelly Murphy Michael Block Events on the Loose Witty Toys, CEO Creative Curator Miami Beach, FL 33139 1310 South Powerline Road Mblock3@gmail.com Deerfield Beach, FL 33442 Carolyn Bolton Leslie Nixon SurfCT, Chief Strategy Officer Miami Dolphins, Senior Director, Weston, FL 33323 Community Affairs 347 Don Shula Dr, Section 142 Miami Gardens, FL 33056 Page 252 of 973 Max Piet Piet Consulting Services President&CEO West Palm Beach, FL 33405 David Prevost Wawa Director of Store Operations 2201 W. Sample Road Pompano Beach, FL 33073 Steve Stowe HEAT Charitable Fund Vice President/Executive Director 601 Biscayne Blvd. Miami, FL 33132 Greg Zalkin Creative State, CEO 156 NW 73rd Street Miami, FL 33150 Page 253 of 973 AMENDED AND RESTATED BYLAWS OF FEEDING SOUTH FLORIDA, INC. a Florida Not for Profit Corporation DM US 158255292-2.099749.0647 Page 254 of 973 AMENDED AND RESTATED BYLAWS OF FEEDING SOUTH FLORIDA, INC. a Florida Not for Profit Corporation ARTICLE I NAME AND PURPOSE Section 1.1 Name. The name of the corporation is Feeding South Florida, Inc. (the "Corporation"). Section 1.2 Purposes. The purposes of the Corporation are those stated in its Articles of Incorporation. ARTICLE II OFFICES Section 2.1 Registered Office. The location of the registered office of the Corporation shall be at 2501 S.W. 32"d Terrace, Pembroke Park, Florida, 33023-7707, which location may be changed from time to time by the Board of Directors. Section 2.2 Other Offices. The Corporation may also have offices or branches at such other places,both within and without the State of Florida, as the Board of Directors may from time to time determine or as the business of the Corporation may require. ARTICLE III MEMBERSHIP The Corporation will not have members. ARTICLE IV DIRECTORS Section 4.1 Responsibilities of the Board. All power and authority regarding the property,affairs and management of the Corporation shall be vested in and controlled by the Board of Directors. The Board of Directors shall establish policies and directives governing the business of the Corporation, and may delegate to the Chair of the Corporation or to a Committee of the Corporation, subject to the provisions of these Amended and Restated Bylaws ("Bylaws"), authority and responsibility to ensure that the policies and directives are implemented by the Board of Directors, Committees, and Officers. The Board of Directors shall have no authority to take any action contrary to, or inconsistent with, the Articles of Incorporation, these Bylaws or the provisions of the Florida Not For Profit Corporation Act, as amended(the "Act"). Each Director shall contribute to the Corporation least$2,500 annually and shall cause to be contributed by others funding, goods or services having a value (as determined by the Board) of minimum $25,000 annually. DM US 158255292-2.099749.0647 Page 255 of 973 Section 4.2 Number And Qualifications. The Board of Directors shall be composed of no less than three(3)Directors. Membership on the Board of Directors shall be nondiscriminatory with regard to age,race, gender, sexual orientation, religion, ethnicity or creed. Section 4.3 Nominations. Nominations to the Board of Directors shall be made in accordance with the policies and procedures developed and implemented by the Board of Directors. Section 4.4 Election. The Directors shall be elected at the annual meeting of the Board of Directors by a majority vote of Directors present at such meeting; provided, however, that the election of incumbent Directors serving a third or later three-year term shall require a supermajority vote in accordance with Section 4.5 of these Bylaws. Section 4.5 Term. Directors shall be elected for such term as determined by the Board of Directors,which term shall be the same for each Director or applicable class of Director.Absent such determination, each Director shall be elected for a three-year term. No Director shall be elected for more than two three-year terms; provided, however, that the Board of Directors can waive the foregoing term limit and elect an incumbent Director for up to two (2) additional three- year terms after the conclusion of such Director's then expiring term based on the following two requirements being satisfied. First, the Board Development Committee shall determine by approval of at least 2/3rds of the members of such committee (not including the Director seeking such an additional term) that the Director seeking such additional term, for each year that the Director has served as a Director of the Corporation, (i) has attended 85% of the meetings of the Board of Directors (either personally or via telephone), (ii) has made the individual financial contribution to the Corporation required of Directors, (iii) has participated in at least one Committee of the Board of Directors, and (iv) has otherwise been an active and contributing Director of the Corporation through additional personal financial contributions, personal time commitment, recruitment of other Directors to the Corporation and/or dissemination of information concerning the Corporation to community leaders, local corporations and philanthropists. Second, after approval by the Board Development Committee of an additional term as a Director based on the foregoing requirements, the entire Board of Directors shall approved the additional term for the Director by a vote of at least 2/3rds of the members of the entire Board of Directors (not including the Director seeking an additional term). Newly elected Directors shall assume office, and terms of Directors that are expiring shall expire, as of the date of the annual meeting of the Board of Directors or at any other time as designated by the Board. Directors that are appointed to fill a vacancy shall take office immediately and hold office for the unexpired portion of the term of the vacating Director. Unless removed in accordance with the provisions of these Bylaws, each Director shall hold office for the term for which she or he is elected or appointed and until her or his successor shall have been duly elected or appointed. Section 4.6 Vacancies. A vacancy shall be declared in any seat on the Board of Directors upon the death,resignation, or removal of the occupant thereof, or upon the disability of any occupant rendering him or her permanently incapable of participating in the management and affairs of the Corporation. Vacancies on the Board may be filled at any time, as they arise, at a duly called meeting of the Board of Directors by the affirmative vote of a majority of the Directors present at such meeting. 2 DM US 158255292-2.099749.0647 Page 256 of 973 Section 4.7 Resignation. A Director may resign by written notice to the Corporation. The resignation is effective upon its delivery to the Corporation or a subsequent time as set forth in the notice of resignation. If a resignation is made effective at a later date,the Board of Directors may fill the pending vacancy before the effective date if the Board of Directors provides that the successor does not take office until the effective date. Section 4.8 Removal. Any Director may be removed at any time,with or without cause, by a majority vote of the total number of Directors at a duly called meeting of the Board of Directors. Removal of a Director shall result in a vacancy of the removed Director's board seat. A proposed removal of a Director at a meeting shall require a separate vote for each Director whose removal is sought. Where removal is sought by written consent, a separate consent is required for each Director to be removed. If removal is effected at a meeting, any vacancies created shall be filled by the Directors eligible to vote for the removal. Any Director who is removed from the Board is not eligible to stand for reelection until the next annual meeting at which Directors are elected. Any Director removed from office shall turn over to the Board within 72 hours any and all records of the Corporation in his or her possession. If a Director who is removed does not relinquish his or her office or turn over records as required under this section, the circuit court in the county where the Corporation's principal office is located may summarily order the Director to relinquish his or her office and turn over corporate records upon application of any Director. Section 4.9 Absence of Director. Any Director unable to attend a meeting shall inform the President or Chair in advance of the meeting, stating the reason for his or her absence. The President or Chair shall have the power in his or her sole and absolute discretion to excuse such absence. If a Director has two or more consecutive unexcused absences,the Director's resignation shall be deemed to have been tendered and accepted. Section 4.10 Chair. The Chair shall provide the leadership required to ensure the adequate performance of duties assigned to the Board of Directors, Officers and any Committees established by the Board. The Chair shall preside at all meetings of the Board of Directors. The Chair shall be an ex-officio voting member of all standing and special Committees. In general,the Chair shall perform all duties incident to the office of Chair and have such other powers and duties as may from time to time be prescribed pursuant to resolutions duly adopted by the Board of Directors. The Chair shall chair the Executive Committee. The Chair shall appoint Chairpersons and members of all Board Committees, and the Chair shall have the authority to appoint Directors to undertake specific tasks as needed. Section 4.11 Absence of Chair, Vacancy. In the absence of the Chair or in the event of the Chair's inability or refusal to act,the Treasurer shall perform the duties of the Chair, and when so acting shall have all the power of and be subject to all of the restrictions upon the Chair. In the event of a vacancy of the office of Chair,the Treasurer shall become acting Chair until the vacancy is filled by action of the Board of Directors. The Treasurer shall communicate with the Chair and the Directors and shall assist the Chair in performing his or her duties, as requested by the Chair. ARTICLE V MEETINGS OF THE BOARD OF DIRECTORS Section 5.1 Place of Meetings. Meetings of the Board of Directors may be held either within or without the State of Florida. 3 DM US 158255292-2.099749.0647 Page 257 of 973 Section 5.2 Regular Meetings. Regular meetings of the Board of Directors may be held at such time and at such place as shall from time to time be determined by the Chair or the vote of the Board of Directors. Any notice given of a regular meeting need not specify the business to be transacted or the purpose of the meeting. Section 5.3 Special Meetings. Special meetings of the Board of Directors may be called by the Chair and shall be called by the Secretary on the written request of any two Directors. The person authorized to call special meetings of the Board of Directors may fix any place, either within or without the State of Florida, as the place for holding any special meeting of the Board of Directors called by her or him. Written notice of any special meeting shall be given to all Directors at least 48 hours prior to such special meeting. Notice of any special meeting need not specify the business to be transacted or the purpose of the meeting. Section 5.4 Annual Meetin4s.The annual meeting of the Board of Directors will be held at such time and place as designated by a majority of the Board of Directors. Section 5.5 Attendance as Waiver of Notice. Attendance of a Director at any meeting shall constitute a waiver of notice of such meeting, except where a Director attends for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened. Section 5.6 Quorum of Directors: Majority Vote. At all meetings of the Board of Directors, the presence (whether in person or by electronic medium that allows immediate, contemporaneous exchange) of a majority of Directors then in office shall constitute a quorum for the transaction of business, and the act of the majority of the Directors present (whether in person, by telephone, or by proxy) at any meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by the Act, the Articles of Incorporation or these Bylaws.If a quorum is not present at any meeting of Directors,the Directors present in person may adjourn the meeting from time to time, without notice other than announcement at the meeting,until a quorum is present. Section 5.7 Action Without a Meeting. Any action required to be taken at a meeting of Directors, or any action which may be taken at a meeting of the Directors or any Committee, may be taken without a meeting if consent in writing (including electronic media), setting forth the action to be taken, shall have been signed by all of the Directors or Committee members. Such consent shall have the same force and effect as a unanimous vote at a meeting. Section 5.8 Electronic Presences at a Meeting. Subject to the provisions of the Act and these Bylaws concerning notice of meetings and unless otherwise restricted by the Articles of Incorporation or these Bylaws,members of the Board of Directors,or members of any Committee, may participate in and hold a meeting of such Board of Directors or Committee by any means that provides immediate, contemporaneous verbal exchange by which all Directors participating may hear each other simultaneously during the meeting,and such participation shall constitute presence in person at such meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened. 4 DM US 158255292-2.099749.0647 Page 258 of 973 Section 5.9 Compensation. Directors as such shall not receive any compensation for their services as Directors,but no Director shall be precluded from serving the Corporation in any other capacity and receiving compensation therefore and Directors may, by resolution, authorize reimbursement of expenses incurred in the performance of their duties. ARTICLE VI NOTICES Section 6.1 Delivery of Notices. Whenever, under the provisions of the Act or of the Articles of Incorporation or of these Bylaws,written notice is required to be given to any Director or Committee member, such notice shall be given in writing by personal delivery,facsimile, email, overnight delivery service or by mail (registered, certified or other first class mail) addressed to such Director or Committee member at his or her address as it appears on the records of the Corporation,with postage thereon prepaid. Such notice shall be deemed to be given upon the date emailed, upon confirmation of receipt, if sent by personal delivery or facsimile, one day after delivery to a recognized overnight delivery service,or three days after the notice shall be deposited in a post office or official depository under the exclusive care and custody of the United States postal service. Section 6.2 Waiver of Notice. Whenever any notice is required to be given under the provisions of the Act or of the Articles of Incorporation or these Bylaws, a waiver thereof in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. Neither the business to be transacted at,nor the purpose of, any regular or special meeting of the Directors or a committee need be specified in any written waiver of notice. ARTICLE VII OFFICERS Section 7.1 Elective Officers. Elective Officers of the Corporation shall be elected each year by the Board of Directors at the annual meeting of the Board of Directors. Any such election shall be held by open voting unless a Director moves to have such election held by ballot and two other Directors second such motion,in which case the election shall be held by ballot. A majority of the votes cast shall carry the election. The Board of Directors may elect such additional officers or assistant officers as it may from time to time determine. Section 7.2 Term of Officers. Each elective officer shall take office immediately upon his or her election and shall serve for a term of one year and until his or her successor is duly elected and qualified. Section 7.3 Vacancy; Removal; and Resignation. Any Officer elected or appointed may be removed, with or without cause, by the persons authorized to elect or appoint such Officer whenever in their judgment the best interests of the Corporation will be served thereby. A vacancy occurring in any office of the Corporation by death, resignation, removal or otherwise shall be filled by the Board of Directors. An Officer may resign by written notice to the Corporation. The resignation is effective upon its delivery to the Corporation or a subsequent time as set forth in the notice of resignation. If a resignation is made effective at a later date and the Corporation accepts the future effective date, the Board of Directors may fill the pending vacancy before the effective 5 DM US 158255292-2.099749.0647 Page 259 of 973 date if the Board of Directors provides that the successor does not take office until the effective date of the pending vacancy. Section 7.4 Vacancy in Officer Position. Vacancies in any office may be filled for the balance of the term thereof by the Directors at any regular or special meeting. Section 7.5 Chief Executive Officer. The CEO shall report to the Board of Directors on operations and all matters material to the business of the Corporation, and shall perform such other duties as are necessarily incident to the office or as may be prescribed by the Board of Directors. The CEO shall participate in the active management of the affairs of the Corporation, and shall be responsible for overseeing the implementation and operation of the Corporation's charitable and educational programs. The CEO is an ex-officio,non-voting member of the Board. Section 7.6 Treasurer. The Treasurer shall be responsible for: monitoring the control, receipt, and custody of all assets of the Corporation; monitoring disbursements as authorized by the Board of Directors; and reporting receipt, use and disbursements of all assets of the Corporation. The Treasurer shall exercise the powers and perform such other duties usually incident to the office of Treasurer. Section 7.7 Secretary. The Secretary shall be responsible for seeing that notices are issued for all meetings of the Board of Directors, and shall see that the minutes of such meetings are kept. The Secretary shall be responsible for the custody of corporate books, records and files, and shall exercise the powers of the office of Secretary. The Secretary shall be responsible for authenticating records of the Corporation. Section 7.8 Other Officers. To the extent the powers and duties of any Officers are not provided in these Bylaws or from time to time by resolution or other directive of the Board of Directors,the Officers shall have all powers and shall discharge the duties customarily and usually held and performed by like officers of corporations similar in organization and business purposes to the Corporation. ARTICLE VIII COMMITTEES OF THE BOARD OF DIRECTORS Section 8.1 Committees. (a) The Board of Directors, by resolution adopted by a majority of the full Board, may designate from among its members an Executive Committee and one or more other committees (a "Committee") each of which, to the extent provided in such shall have and may exercise all the authority of the Board,except that no such Committee shall have the authority to fill vacancies on the Board or any Committee thereof or adopt, amend, or repeal these Bylaws. (b) The meeting, notice and waiver of notice, and quorum and voting requirements of the Board of Directors shall apply to Committees and their members. (c) Each Committee must have two or more Directors who serve at the pleasure of the Board. The Board,by resolution adopted in accordance with Section 8.0(a)hereof, may designate one or more Directors as alternate members of any such Committee who may act in the place instead of any absent member or members at any meeting of such Committee. 6 DM US 158255292-2.099749.0647 Page 260 of 973 (d) Neither the designation of any such Committee, the delegation thereto of authority,nor action by such Committee pursuant to such authority shall alone constitute compliance by any Director who is not a member of the Committee in question with his or her responsibility to act in good faith, in a manner he or she reasonably believes to be in the best interests of the Corporation, and with such care as an ordinarily prudent person in a like position would use under similar circumstances. Section 8.2 Advisory Committees. The Board of Directors may, from time to time, create honorary and/or advisory Committees to support and promote the activities of the Corporation. Such Committees shall have such purposes, powers and procedures as shall be determined from time to time by the Board of Directors. Section 8.3 Vacancies. Vacancies in the membership of any Committee may be filled by appointments made in the same manner as provided in the case of the original appointments. Section 8.4 Reports. Each Committee shall report findings and recommendations to the Board of Directors as required to keep the Board of Directors reasonably informed of such Committee's findings and recommendations. ARTICLE IX DUTIES OF DIRECTORS AND OFFICERS Section 9.1 Duty of Directors and Officers. Directors and Officers shall discharge the duties of their respective positions in good faith and with that degree of diligence, care, and skill which ordinarily prudent persons would exercise under similar circumstances in like positions. In the administration of the powers to make and retain investments, to appropriate appreciation, and to delegate investment management of institutional funds, as provided by law, the Board of Directors shall consider among other relevant considerations the long and short-term needs of the Corporation in carrying out its purposes, its present and anticipated financial requirements, expected total return on its investments, price level trends and general economic conditions. In discharging their duties,Directors and Officers,when acting in good faith,may rely upon financial statements of the Corporation represented to them to be correct by the Chair, or the Officer of the Corporation having charge of its books of accounts, or stated in a written report by a certified public accountant or firm fairly to reflect the financial condition of the Corporation. Section 9.2 Conflict of Interest. Directors and Officers serve the Corporation in a fiduciary capacity and as such owe a duty of loyalty to the purposes of the Corporation. Any possible conflict between the interests of the Corporation and the personal or business interests of a Director, an Officer, or member of their families, shall be disclosed to the Board and made a record through an annual procedure and also when the interest becomes a matter of Board action. Any Director having a duality of interest or a possible conflict of interest on any matter shall not vote or use personal influence on the matter. The minutes of the meeting shall reflect that a disclosure was made and the abstention from voting. This conflict of interest policy shall not be construed as preventing a Director or Officer from stating his position in the matter or from answering pertinent questions since his knowledge may be of great assistance to the voting Directors. 7 DM US 158255292-2.099749.0647 Page 261 of 973 ARTICLE X INDEMNIFICATION AND EXCULPATION Section 10.1 Indemnification. The Corporation, to the fullest extent authorized or permitted by the provisions of the Act, shall indemnify against liability, and advance expenses to, any person, and his or her heirs, executors, administrators and legal representatives,who is or was a party to any proceeding by reason of the fact that such person is or was a Director or Officer of the Corporation or is or was serving as a director or officer of another corporation, partnership, joint venture, trust or other enterprise at the request of the Corporation. Officers and Directors who are so entitled to be indemnified shall be paid their expenses in advance of a final disposition of the proceeding to the maximum extent authorized or permitted by the provisions of the Act. Section 10.2 Insurance. The Corporation shall have the power to purchase and maintain insurance to indemnify the Corporation and its Directors and Officers whether or not the Corporation would have the power to indemnify its Directors and Officers against such liability. Section 10.3 Private Foundations and Other Limitations.In no case shall the Corporation indemnify, reimburse, or insure any person for any taxes imposed on such person under chapter 42 of the Code. Furthermore, (a)if at any time the Corporation is a private foundation within the meaning of section 509(a) of the Code,then during such time no payment shall be made under this Article if such payment would constitute an act of self-dealing or taxable expenditure as defined in section 4941(d) or section 4945(d), respectively, of the Code and (b) if at any time the Corporation is not a private foundation within the meaning of section 509 of the Code,then during such time no payment shall be made under this Article if such payment would constitute an excess benefit transaction as defined in section 4958 of the Code. Section 10.4 Exculpation. A Director shall not be personally liable to the Corporation or any person for monetary damages for failure to perform his or her duties as a Director,unless such failure to perform constitutes(a)a violation of the criminal law,unless the Director had reasonable cause to believe his or her conduct was lawful or had no reasonable cause to believe his or her conduct was unlawful (b) a transaction from which the Director derived an improper personal benefit, directly or indirectly, or(c) recklessness or an act or omission that was committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property. If the Act hereafter is amended to authorize the further elimination or limitation of the liability of directors, then the liability of Directors of this Corporation shall be eliminated or limited to the full extent authorized by such amendment. Section 10.5 Amendment or Repeal. Any repeal or modification of the foregoing provisions of this Article shall not adversely affect any right or protection hereunder of any person in respect of any act or omission occurring prior to the time of such repeal or modification. The rights provided hereunder shall inure to the benefit of any indemnified person and such person's heirs, executors and administrators. Section 10.6 Severability. If any part of this Article shall be found in any action, suit, or proceeding to be invalid or ineffective, the validity and the effectiveness of the remaining parts shall not be affected. 8 DM US 158255292-2.099749.0647 Page 262 of 973 ARTICLE XI GENERAL PROVISIONS Section 11.1 Contracts. The Board of Directors may authorize any Officer or Officers, agent or agents of the Corporation, in addition to the Officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, provided that such contract or instrument is in alignment with the mission and direction of the organization, and is not in violation of the Articles of Incorporation,these Bylaws or applicable law. Such authority may be general or confined to specific instances. Section 11.2 Contributions. Contributions,bequests and gifts to the Corporation shall be accepted or collected only as authorized by the Board of Directors. Guidelines for accepting contributions shall be established by the Board of Directors. Section 11.3 Checks and Drafts. All checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Corporation shall be signed by such Officer or Officers, agent or agents of the Corporation and in such manner as shall from time to time be determined by resolution of the Board of Directors. The Board Chair shall countersign all authorizations for payments of bills, except the payment of normal, routine, and recurring bills in an amount not exceeding $25,000. Section 11.4 Deposits. All funds of the Corporation shall be deposited from time to time to the credit of the Corporation in such banks, trust companies, or other depositories as the Board of Directors may select. Section 11.5 Financial Report. A summary report of the financial operations of the Corporation-shall be made available to the public annually,in such form as the Board of Directors shall provide. Within 60 days following the end of the fiscal or calendar year or annually on such date as is otherwise provided by the Board,the Executive Committee shall provide to each Director a complete financial report of actual receipts and expenditures for the previous 12 months. The report shall show the amounts of receipts by accounts and receipt classifications and shall show the amounts of expenses by accounts and expense classifications. Section 11.6 Fiscal Year. The fiscal year of the Corporation shall be fixed from time to time by resolution of the Board of Directors,but shall begin on July 1 st and end June 30th , if not otherwise fixed by the Board of Directors. Section 11.7 Seal. The Board of Directors may provide for a corporate seal in such form as it prescribes. The corporate seal shall have inscribed thereon the name of the Corporation and the words "Corporate Seal, Florida." The seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. Except as otherwise provided by law, the failure to affix the seal of the Corporation to a document shall not affect the validity thereof. Section 11.8 Books and Records. The Corporation shall keep correct and complete books and records of account, shall keep minutes of the proceedings of its Board of Directors and Committees having any authority of the Board of Directors. Section 11.9 Nondiscrimination Policy. The Corporation shall, in the conduct of its business,programs and activities, admit program participants of any race, color,religion,national 9 DM US 158255292-2.099749.0647 Page 263 of 973 origin, disability, gender, sexual orientation, age and ethnic origin to all the rights, privileges, programs, and activities generally accorded or made available to participants in the Corporation's programs. The Corporation shall not discriminate on the foregoing basis in administration of its educational policies, admission policies, and other Corporation-administered programs. Section 11.10 Confidentiality. Except as required by applicable law, legal process or agreements to which the Corporation is a party, each Director and Officer and his or her respective agents shall keep secret and confidential,and agrees to keep secret and confidential,all information acquired relating to the following (all such information being hereinafter referred to as "Confidential Business Information"): (a) the financial condition and other information relating to the business of the Corporation,including without limitation,its rates for services,its operations and contracts, and its business plans and arrangements; (b) the systems,products,plans, services, marketing sales, administration and management procedures, trade relations or practices, techniques and practices heretofore or hereafter acquired, developed and/or used by the Corporation; and (c) the Corporation's providers, clients, customers, donors, suppliers, vendors, lenders, independent contractors and payers and the provisions and terms of any agreements or proposed agreements between the Corporation and any of such individual or entities;provided that Confidential Business Information shall not include information already publically available. No Director or Officer shall at any time disclose Confidential Business Information to any person, firm, corporation, association or other entity, or use the same in any manner other than in connection with the business and affairs of the Corporation. Directors and Officers shall under no circumstances use Confidential Business Information in any way reasonably perceived as detrimental to the Corporation. Section 11.11 Bylaws Govern. These Bylaws shall govern the internal affairs of the Corporation,but only to the extent they are consistent with law and the Articles of Incorporation. ARTICLE XII AMENDMENTS Section 12.1 These Bylaws may be amended or repealed,or new Bylaws may be adopted, at a duly called meeting of the Board of Directors - by the affirmative vote of two-thirds of the Directors present at such meeting. 10 DM US 158255292-2.099749.0647 Page 264 of 973 DiviSION of CONSUMER SERVICES a THE RHODES BuzLQ zvc (850)410-3800 2005 APALACHEE PARKWAY TALLAHASSEE, FLORIDA 32399-65cra FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER NICOLE"NIKKI" FRIED April 21, 2021 Refer To: CH22 FEEDING SOUTH FLORIDA, INC. 2501 SW 32ND TER PEMBROKE PINES, FL 33023-7707 RE: FEEDING SOUTH FLORIDA,INC. REGISTRATION#: CH22 EXPIRATION DATE: April 14, 2022 Dear Sir or Madam: The above-named organization/sponsor has complied with the registration requirements of Chapter 496, Florida Statutes, the Solicitation of Contributions Act. A COPY OF THIS LETTER SHOULD BE RETAINED FOR YOUR RECORDS. Every charitable organization or sponsor which is required to register under s. 496.405 must conspicuously display the registration number issued by the Department and in capital letters the following statement on every printed solicitation,written confirmation,receipt, or reminder of a contribution: "A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE (800-435- 7352) WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE." The Solicitation of Contributions Act requires an annual renewal statement to be filed on or before the date of expiration of the previous registration. The Department will send a renewal package approximately 30 days prior to the date of expiration as shown above. Thank you for your cooperation. If we may be of further assistance, please contact the Solicitation of Contributions section. Sincerely, Deborah Mallon Regulatory Consultant 850-410-3707 Fax: 850-410-3804 E-mail: deborah.mallon@fdacs.gov Page 265 of 973 Feeding South Florida, Inc. Financial Statements For the Year Ended June 30, 2020 Keef e M-ClCullough CPA'sTrusted Advisors Feeding South Florida, Inc. Financial Statements For the Year Ended June 30, 2020 Table of Contents Independent Auditor's Report 1-2 Financial Statements Statement of Financial Position 3 Statement of Activities 4 Statement of Functional Expenses 5 Statement of Cash Flows 6 Notes to Financial Statements 7-18 Page 267 of 973 Keefe 5(D" WcCutlough CPA's+Trusted Advisors INDEPENDENT AUDITOR'S REPORT To the Board of Directors Feeding South Florida, Inc. Report on the Financial Statements We have audited the accompanying financial statements of Feeding South Florida, Inc., (a nonprofit organization) (the "Organization"), which comprise the statement of financial position as of June 30, 2020, and the related statements of activities, functional expenses, and cash flows for the year then ended, and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.com 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 ;, �r��, � "roup 2 Accouinffing frrmm s I South Florida Business Journal "roup 400 Accouintfing frrmm s fin the V .S.I INSIDE Public Accounting ��� 1 -T90268 bf 973 Feeding South Florida, Inc. Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Organization as of June 30, 2020, and the changes in its net assets and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated January 18, 2021, on our consideration of the Organization's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters.The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Organization's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Organization's internal control over financial reporting and compliance. KEEFE McCULLOUGH Fort Lauderdale, Florida January 18, 2021 2 Page 269 of 973 FINANCIAL STATEMENTS Keef e WcCuhugh CPA'sTrusted vi or Feeding South Florida, Inc. Statement of Financial Position June 30, 2020 Without Donor With Donor Restrictions Restrictions Total Assets: Current Assets: Cash and cash equivalents $ 13,238,446 $ 3,188,625 $ 16,427,071 Grant and contract receivables 5,136,083 - 5,136,083 Other receivables 110,130 - 110,130 Prepaids 168,460 - 168,460 Food inventory 8,005,655 - 8,005,655 Total current assets 26,658,774 3,188,625 29,847,399 Noncurrent Assets: Long-term investments 11,089 880,986 892,075 Property and equipment, net 5,816,588 - 5,816,588 Deposits 69,349 - 69,349 Total assets $ 32,555,800 $ 4,069,611 $ 36,625,411 Liabilities: Current Liabilities: Accounts payable $ 1,597,410 $ - $ 1,597,410 Accrued expenses 257,331 - 257,331 Refundable advance - Paycheck Protection Program 688,757 - 688,757 Agency deposits and deferred revenue 82,261 - 82,261 Current portion of debt 91,232 - 91,232 Total current liabilities 2,716,991 - 2,716,991 Long-Term Liabilities: Long-term debt, net of current portion 2,002,829 - 2,002,829 Total liabilities 4,719,820 - 4,719,820 Net Assets: Without donor restrictions: Undesignated 15,513,222 - 15,513,222 Board designated 12,322,758 - 12,322,758 With donor restrictions: Purpose and time restrictions - 4,069,611 4,069,611 Total net assets 27,835,980 4,069,611 31,905,591 Total liabilities and net assets $ 32,555,800 $ 4,069,611 $ 36,625,411 The accompanying notes to financial statements are an integral part of these statements. 3 Page 271 of 973 Feeding South Florida, Inc. Statement of Activities For the Year Ended June 30, 2020 Without Donor With Donor Restrictions Restrictions Total Change in Net Assets: Public Support: Contributed food $ 129,254,731 $ - $ 129,254,731 Contributions 15,074,896 3,077,204 18,152,100 Grants: Federal government grants 80,866,304 - 80,866,304 State government grants 956,755 - 956,755 Other local agencies 630,640 - 630,640 Total public support 226,783,326 3,077,204 229,860,530 Revenues: Shared maintenance and other program revenue 360,824 - 360,824 Investment income, net 77,534 - 77,534 Transfer from nonprofit entity 90,867 - 90,867 Other income 333,652 - 333,652 Total revenue 862,877 - 862,877 Net assets released from restrictions 230,552 (230,552) - Total public support, revenue and net assets released from restrictions 227,876,755 2,846,652 230,723,407 Operating Expenses: Program services: Food distribution 207,298,828 - 207,298,828 Supporting services: Administrative 797,125 - 797,125 Development 778,818 - 778,818 Total supporting services 1,575,943 - 1,575,943 Total expenses 208,874,771 - 208,874,771 Change in net assets 19,001,984 2,846,652 21,848,636 Net Assets,July 1, 2019 8,833,996 1,222,959 10,056,955 Net Assets,lune 30, 2020 $ 27,835,980 $ 4,069,611 $ 31,905,591 The accompanying notes to financial statements are an integral part of these statements. 4 Page 272 of 973 Feeding South Florida, Inc. Statement of Functional Expenses For the Year Ended June 30, 2020 Program Services Supporting Services Food Total Total Distribution Administrative Development Supporting Expenses Personnel Costs: Salaries $ 2,759,010 $ 464,266 $ 265,609 $ 729,875 $ 3,488,885 Payroll taxes and employee benefits 501,163 70,804 42,278 113,082 614,245 Total personnel costs 3,260,173 535,070 307,887 842,957 4,103,130 Other Expenses: Contributed food activity 198,205,435 - - - 198,205,435 Purchased food activity 1,198,057 - - - 1,198,057 Rent, including$47,355 in-kind contributions 1,008,681 129,313 16,170 145,483 1,154,164 Auto and truck expense 725,150 - - - 725,150 Professional fees, including $ 68,349 in-kind contributions 409,697 35,406 81,592 116,998 526,695 Insurance 301,537 26,059 18,612 441671 346,208 Transportation and storage 321,612 - - - 321,612 Fundraising - - 303,648 303,648 303,648 Gas and oil 283,431 - - - 283,431 Temporary labor 266,598 - - - 266,598 Repairs and maintenance 211,394 - - - 211,394 Utilities 177,938 15,378 10,983 26,361 204,299 Warehouse expense 183,057 - - - 183,057 Interest expense and bank fees 148,880 12,866 9,190 22,056 170,936 Equipment lease and rental 99,238 - - - 99,238 Supplies 54,044 4,671 3,336 8,007 62,051 Telephone 50,317 4,348 3,106 7,454 57,771 Employee recruiting and other 49,990 4,320 3,086 7,406 57,396 Dues, including Feeding America 44,151 3,816 2,725 6,541 50,692 Taxes 16,482 1,424 1,017 2,441 18,923 Bad debt expense 15,428 1,333 952 2,285 17,713 Travel 5,847 505 361 866 6,713 Total expenses before provision for depreciation 207,037,137 774,509 762,665 1,537,174 208,574,311 Provision for depreciation 261,691 22,616 16,153 38,769 300,460 Total expenses $ 207,298,828 $ 797,125 $ 778,818 $ 1,575,943 $ 208,874,771 The accompanying notes to financial statements are an integral part of these statements. 5 Page 273 of 973 Feeding South Florida, Inc. Statement of Cash Flows For the Year Ended June 30, 2020 Cash Flows from Operating Activities: Change in net assets $ 21,848,636 Adjustments to reconcile change in net assets to net cash provided by operating activities: Provision for depreciation 300,460 Net realized/unrealized gain on investments (72,046) Bad debt expense 17,713 Donated stock (48,087) Changes in assets and liabilities: (Increase) decrease in assets: Grant and contract receivables (3,601,068) Other receivables (51,427) Prepaids (27,291) Food inventory (5,673,234) Deposits 8,000 Increase (decrease) in liabilities: Accounts payable 1,539,966 Accrued expenses (52,759) Refundable advance - Payroll Protection Program 688,757 Agency deposits and deferred revenue (97,438) Net cash provided by operating activities 14,780,182 Cash Flows From Investing Activities: Sale of investments 651,616 Purchases of property and equipment (1,884,077) Purchase of investments (433,704) Net cash used in investing activities (1,666,165) Cash Flows from Financing Activities: Payments on debt (86,691) Net cash used in financing activities (86,691) Net increase in cash and cash equivalents 13,027,326 Cash and Cash Equivalents, July 1, 2019 3,399,745 Cash and Cash Equivalents, lune 30, 2020 $ 16,427,071 The accompanying notes to financial statements are an integral part of these statements. 6 Page 274 of 973 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 1- Organization and Operations Feeding South Florida, Inc. (the "Organization") is a not-for-profit organization whose mission is to end hunger in South Florida by providing immediate access to nutritious food, leading hunger and poverty advocacy efforts, and transforming lives through innovative programming and education. The Organization is a member of Feeding America, a nationwide food bank network. As a regional food bank, the Organization rescues and distributes surplus food that would otherwise go to waste. All food is distributed to either end users directly or to charitable organizations that qualify for tax exempt status under the regulations of the Internal Revenue Code. During the year ended June 30, 2020, in response to the COVID-19 pandemic, the Organization launched drive-thru distributions of food in Palm Beach, Broward, and Miami-Dade Counties to meet the increased demand in the community for food assistance. In addition to the restricted contributions for COVID-19 relief described in Note 11, the Organization received approximately $ 10,844,000 of contributions related to providing COVID-19 relief, of which approximately $ 4,159,000 was spent during the year, approximately $ 1,322,000 is included in restricted funds as of June 30, 2020, and approximately$ 5,363,000 is included in board-designated unrestricted funds as of June 30, 2020. Note 2- Summary of Significant Accounting Policies Basis of presentation: The financial statement presentation follows the recommendation of the Financial Accounting Standards Board in its Accounting Standards Update (FASB ASU) 2016-14, Not- for-Profit Entities (Topic 958): Presentation of Financial Statements for Not-for-Profit Entities. Under FASB ASU 2016-14,the Organization is required to report information regarding its financial position and activities according to two classes of net assets: net assets without donor restrictions and net assets with donor restrictions. Basis of accounting:The financial statements have been prepared on the accrual basis of accounting in accordance with accounting principles generally accepted in the United States of America ("U.S. GAAP"). Net assets: Net assets and revenues are classified based on the existence or absence of donor or grantor-imposed restrictions.Accordingly, net assets and changes therein are classified and reported as follows: • Net Assets without Donor Restrictions - Net assets available for use in general operations and not subject to donor (or certain grantor) restrictions. • Net Assets with Donor Restrictions - Net assets subject to donor (or certain grantor) imposed restrictions. Some restrictions are temporary in nature, such as those that will be met by the passage of time or other events specified by the donor or grantor. Other restrictions are perpetual in nature, where the donor or grantor stipulates that resources be maintained in perpetuity. 7 Page 275 of 973 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 2- Summary of Significant Accounting Policies (continued) Generally, contributions restricted by donors are reported as increases in net assets without donor restrictions if the restrictions expire (that is, when a stipulated time restriction ends or purpose restriction is accomplished) in the reporting period in which the revenue is recognized. All other donor-restricted contributions are reported as increases in net assets with donor restrictions, depending on the nature of the restrictions. When a restriction expires, net assets with donor restrictions are reclassified to net assets without donor restrictions and reported in the statement of activities as net assets released from restrictions. Non-cash contributions are recorded at their estimated fair value on the date received. All contributions are considered available for general use, unless specifically restricted by the donor or subject to other legal restrictions. Cash and cash equivalents:The Organization considers all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents. Investments: Investment purchases are recorded at cost, or if donated, at fair value on the date of donation. Thereafter, investments are reported at their fair values in the statements of financial position. Net investment income is reported in the statements of activities and consists of interest and dividend income, realized and unrealized capital gains and losses, less investment expenses. Grant,contract,and other receivables:Grant and contract receivables consist principally of amounts due from federal, state, and local governmental agencies and other not-for-profit organizations under contractual agreements. Other receivables consist of shared maintenance fees receivable, receivables from the acquisition of a not-for-profit entity (Note 19), and event sponsorships. Based on management's assessment, the Organization provides for estimated uncollectible amounts through a charge to expense and a credit to a valuation allowance.As of June 30, 2020, management considers all the receivables to be collectible within the current accounting period, so an allowance for doubtful accounts has not been recorded. Food inventory: Food inventory is for distribution to qualified organizations only and is not available for resale.The Organization receives contributed food, which is recorded as public support, and food commodities under federal government grants. Both contributed food and grant food is recorded based on the estimated wholesale value of the distributable food received by the Organization. Management has based this estimate on the results of a product valuation survey calculating the average wholesale value per pound of food received nationally by Feeding America. For the year ended June 30, 2020, the average wholesale value for contributed food and United States Department of Agriculture donated food was $ 1.74 and $ 1.49, respectively. Purchased food inventory is stated at the lower cost or market using the first in, first out method. Property and equipment: Purchased property and equipment, including leasehold improvements, are recorded at cost. It is the Organization's policy to capitalize all such fixed assets purchased or received by donation that cost $ 2,500 or more individually. Property and equipment is depreciated using the straight-line method over the following estimated useful lives: Furniture and equipment 5-7 years Warehouses and improvements 5-39 years Automotive equipment 5 years Maintenance and repairs to property and equipment are charged to expense when incurred. 8 Page 276 of 973 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 2- Summary of Significant Accounting Policies (continued) Revenue recognition:Shared maintenance, produce handling and purchased food program revenue is recognized when the related food is distributed. The Organization recognizes contributions when cash, securities, other assets, an unconditional promise to give, or a notification of a beneficial interest is received. Conditional promises to give, that is, those with a measurable performance or other barrier and a right of return, are not recognized until the conditions on which they depend have been substantially met or explicitly waived. Assets received before the barrier is overcome are accounted for as refundable allowances. The Organization receives various grants from federal, state, and local government agencies for program and supporting service expenses.These grants are generally on a cost reimbursement basis, including recoverable overhead. Revenues from grants are deemed earned and recognized in the statement of activities when expenditures are incurred for the purposes specified.Amounts received prior to incurring qualifying expenditures are reported as refundable advances in the statement of financial position. Functional expenses:The costs of providing the various programs and supporting services have been summarized on a functional basis in the statement of activities.The statement of functional expenses presents the natural classification detail of expenses by functions. Expenses that can be directly identified with a program or supporting service are charged accordingly. The financial statements report certain categories of expenses that are attributable to more than one program or supporting function. Therefore, expenses require allocation on a reasonable basis that is consistently applied. The expenses, including personnel costs, professional fees, rent and others, are allocated based on estimates of time and effort and square footage as determined by management. Fundraising activities: The Organization's financial statements follow the guidelines prescribed by Financial Accounting Standards Board in its Accounting Standards Codification (ASC) No. 958-720-20, Costs of Joint Activities. This ASC establishes criteria for accounting and reporting of joint costs for certain entities that solicit contributions. Operating leases: Rental expense is recognized on a straight-line basis. Use of estimates: The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the reporting period. Actual results could differ from those estimates. Concentrations of credit risk: Financial instruments, which potentially subject the Organization to concentrations of credit risk, consist primarily of cash and cash equivalents, investments, and receivables.Although cash balances may at times exceed federally insured limits during the year,the Organization has not experienced any losses and does not believe it is exposed to significant risk associated with its cash and cash equivalents. At June 30, 2020, the Organization had approximately $ 16 million held in excess of the FDIC limits. Cash is maintained, with what management believes to be high quality financial institutions, to limit its risk. 9 Page 277 of 973 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 2- Summary of Significant Accounting Policies (continued) Investments are held in a brokerage account protected by the Securities Investor Protection Corporation ("SIPC") in the event of broker failure, subject to applicable limits. The SIPC does not protect against market losses on investments. Investments are overseen by an investment company whose performance is monitored by management. Credit risk with respect to accounts receivable is limited due to the number and credit worthiness of the entities and individuals who comprise the contributor/customer base. Accounts receivable are stated at the amount management expects to collect from outstanding balances. The Organization establishes an allowance for doubtful accounts based upon factors surrounding the credit risk of specific donors/customers, historical trends, and other information. Date of management review: Subsequent events have been evaluated through January 18, 2021, which is the date the financial statements were available to be issued. Note 3- Liquidity and Availability of Financial Assets Financial assets available for general expenditures, that is, without donor or other restrictions limiting their use, within one year of the statement of financial position date ending June 30, 2020, comprise the following: Financial Assets: Cash and cash equivalents $ 16,427,071 Grant and contract receivables 5,136,083 Other receivables 110,130 Investments 892,075 Financial assets, at year-end 22,565,359 Less: those unavailable for general expenditures within one year, due to: Restriction by donor with purpose restrictions (3,188,625) Perpetual restrictions by donor (880,986) Board designations (Note 10) (12,322,758) (16,392,369) Financial assets available to meet cash needs for general expenditures within one year $ 6,172,990 As part of its liquidity plan, the Organization invests cash exceeding daily requirements in money market funds.As a member of Feeding America,the Organization aims to maintain available financial assets sufficient to meet six months of operating reserves in cash and cash equivalents, which is approximately $4,000,000. The Organization also has $ 5,362,758, $ 2,000,000 and $ 960,000 in board-designated reserve funds to continue providing food assistance under its for COVID-19 relief, for debt reduction, and for staffing increases, respectively. 10 Page 278 of 973 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 4- Investments The Organization's investments at June 30, 2020 are comprised of the following: Equities $ 536,279 United States treasury bills, bonds and notes 167,536 Corporate bonds 144,492 Money market funds 30,792 United States agency obligations 12,976 $ 892,075 Investment income in the statement of activities for the year ended June 30, 2020 consists of the following: Net realized and unrealized gains $ 72,046 Interest and dividend income 20,497 Investment fees (15,009) $ 77,534 Note 5- Fair Value Measurement In accordance with the Financial Accounting Standards Board in its Accounting Standards Codification (ASC) No. 820, Fair Value Measurements and Disclosures, the Organization defined and established a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level 1 measurements) and the lowest priority to measurements involving significant unobservable inputs (Level 3 measurements). The three levels of the fair value hierarchy are as follows: • Level 1 inputs are quoted prices(unadjusted) in active markets for identical investments that the Organization has the ability to access at the measurement date. • Level 2 inputs are inputs other than quoted prices included with Level 1 that are observable for the investments, either directly or indirectly. (e.g. quoted prices in active markets for similar securities, securities valuations based on commonly quoted benchmarks, interest rates and yield curves, and/or securities indices.) • Level 3 inputs are unobservable inputs for the investments. (e.g. information about assumptions, including risk, market participants would use in pricing a security.) 11 Page 279 of 973 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 5- Fair Value Measurement (continued) The level in the fair value hierarchy within which a fair measurement in its entirety falls is based on the lowest level input that is significant to the fair value measurement in its entirety. The inputs or methodology used for valuing securities are not necessarily an indication of the risk associated with investing in those securities. The equity securities are classified within Level 1 because they have readily determinable fair values based on daily redemption values. The United States Treasury bills, bonds and notes, United States agency obligations and corporate bonds are valued by the custodians of the securities using pricing models based on credit quality, time to maturity, stated interest rates and market-rate assumptions, and are classified within Level 2. The following table represents the investments as held by the Organization at June 30, 2020: Fair Value Measurements Using: Quoted rices in Active Significant Other Significant Fair Value at Markets for Observable Unobservable June 30, Identical Assets Inputs Inputs Investment Type 2020 (Level 1) (Level 2) (Level 3) Equities $ 536,279 $ 536,279 - United States treasury bills, - bonds and notes 167,536 - 167,536 - Corporate bonds 144,492 - 144,492 - United States agency obligations 12,976 - 12,976 - 861,283 $ 536,279 $ 325,004 $ - Investments measured at amortized cost: Money market funds 30,792 Total $ 892,075 Note 6- Property and Equipment The following is a schedule of property and equipment at June 30, 2020: Warehouse and improvements $ 5,127,000 Furniture and equipment 509,981 Automotive equipment 771,222 6,408,203 Less accumulated depreciation 1,051,615 5,356,588 Land 460,000 Total $ 5,816,588 Note 7- Endowments The Organization has endowed funds established for the support of the Organizational mission. As required by generally accepted accounting principles(GAAP), net assets associated with endowment funds, including funds designated to function as endowments are classified and reported based on the existence or absence of donor-imposed restrictions. 12 Page 280 of 973 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 7- Endowments (continued) Interpretation of relevant law: The Board of Directors interprets the State of Florida's Uniform Prudent Management of Institutional Funds Act (FUPMIFA) as requiring the preservation of the fair value of the original gift as of the gift date of the donor-restricted endowment funds absent explicit donor stipulations to the contrary. As a result of this interpretation, the Organization classifies as retains in perpetuity (a) the original value of gifts donated to the permanent endowment, (b) the original value of subsequent gifts to the permanent endowment, and (c) accumulations to the permanent endowment made in accordance with the direction of the applicable donor gift instrument at the time the accumulation is added to the fund. Investment policies:The goal of the investment program for the endowment is to provide an annual level of support for the current programs of the Organization consistent with the preservation of purchasing power over time. Assets held shall be diversified to control the risk of loss resulting from the over-concentration of funds in a specific maturity, issue or type-class of securities. Spending policies: The Organization's policy is to only spend the income generated from the endowed funds. Endowments as of June 30, 2020 consist of $ 892,075 for the Bachelor Endowment Fund. The principal amount of the Endowment Fund is held in perpetuity, with the income earned on those investments available for general operations. Changes in endowment net assets for the fiscal year ended June 30, 2020 are as follows: Without Donor With Donor Restriction Restriction Total Endowment net assets, at beginning of year $ 108,868 $ 880,986 $ 989,854 Investment income, net of fees 77,534 - 77,534 Contributions 48,087 - 48,087 Transfer to operating account (223,400) - (223,400) Endowment net assets, at end of year $ 11,089 $ 880,986 $ 892,075 Note 8- Refundable Advance- Paycheck Protection Program Through a financial institution, the Organization received $ 688,757 from the U.S. Small Business Administration as part of the Paycheck Protection Program ("PPP"), which is designed to provide direct incentive for small businesses and nonprofit organizations to keep their employees on the payroll. The Organization has elected to account for the PPP funds in accordance with FASB's ASC 958-605, Not-for-Profit Entities — Revenue Recognition. Under this method, the PPP funds were recorded as a refundable advance in the statement of financial position when they were received in May 2020. The Organization's management deemed the related conditions substantially met subsequent to June 30, 2020. Therefore, the full loan of$ 688,757 remains as a refundable advance as of June 30, 2020. It is expected that the Organization will meet the related conditions and apply for full forgiveness by the end of the calendar year 2020, in accordance with the terms of this program. 13 Page 281 of 973 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 9- Debt Debt at June 30, 2020 is as follows: Mortgage note payable to a bank, due in monthly installments of $ 15,915 including interest at a fixed rate of 4.79%through January 2026, with a balloon payment of approximately $ 1,525,000 due February 2026. This obligation is collateralized by all property and equipment currently owned and subsequently acquired. $ 2,094,061 Less current portion 91,232 $ 2,002,829 Estimated future debt principal payments in the aggregate are approximately as follows: Year Ending June 30, 2021 $ 91,200 2022 95,800 2023 100,500 2024 105,300 2025 110,700 Thereafter 1,590,600 $ 2,094,100 The mortgage note payable contains certain restrictive covenants, including, but not limited to, a minimum debt coverage ratio of no less than 1.15 to 1.00. At June 30, 2020, the Organization was in compliance with the minimum debt coverage ratio. Note 10- Board Designated Net Assets As of June 30, 2020, Board designated net assets consisted of the following: Designated for COVID-19 relief $ 5,362,758 Designated for operating reserves 4,000,000 Designated for debt reduction 2,000,000 Designated for staffing increases 960,000 $ 12,322,758 14 Page 282 of 973 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 11- Net Assets with Donor Restrictions As of June 30, 2020, net assets with donor restrictions consisted of: Subject to expenditure for specified purpose: COVID-19 relief $ 1,322,482 Technology 700,000 Other program support 493,622 Mobile farmacy 462,658 Miami-Dade programs 209,863 3,188,625 Endowments: Required to be held in perpetuity by donor for specified purpose: General operations 880,986 Total $ 4,069,611 Net assets were released from donor restrictions by incurring expenses satisfying the restricted purpose or by occurrence of the passage of time or other events specified by the donors as follows for the year ended June 30, 2020: Satisfaction of purpose restrictions: Other program support $ 131,933 School pantry program 40,000 Capacity building 33,872 Food purchase 24,747 Total $ 230,552 Note 12- Donated Goods, Services and Facilities The Organization receives donated goods and services, paying for most services requiring specific expertise. A number of volunteers have donated substantial amounts of their time in certain of the Organization's program service areas. Because of the difficulty in determining the number of hours for such services, those items are not disclosed in the accompanying financial statements. However, when the value of donated services requires specific expertise, they are reflected in the financial statements as revenue and expenses at estimated fair value. Donated goods are also recorded at their estimated fair value. For the year ended June 30, 2020, the Organization recorded $ 129,254,731 in donated goods, consisting principally of food which is included in inventory or contributed food activity expense. For the year ended June 30, 2020, the Organization recorded $ 68,349 in donated professional services, which consisted of legal and architectural services, and are included in professional fees expense on the accompanying statement of functional expenses. Of this total, approximately$45,000 consists of legal services donated by a law firm which employs the Organization's Board Chair. For the year ended June 30, 2020 the Organization recorded $47,355 of donated warehouse space, which is included in rent on the accompanying statement of functional expenses. 15 Page 283 of 973 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 13- Shared Maintenance A shared maintenance fee of no more than $ 0.19 per pound, may be assessed on certain items that helps offset the costs of solicitation, transportation, warehousing and distribution of food. This fee is not a charge for food and it is not paid by the end user. No person in need of assistance pays for food. The Organization does not charge fees on USDA, produce, or bakery items. As of March 2020, all shared maintenance fees have been suspended during the COVID-19 pandemic. Total shared maintenance for the year ended June 30, 2020 was$ 360,824. Note 14- Grants and Contracts Funding agreements for services to be provided are entered into on an annual basis. The release of funds is subject to monies being made available by various federal, state, local and other grantor agencies. Certain agreements may be terminated by either party with thirty days written notice. Changes in governmental appropriations could have a material adverse effect on the Organization's ability to continue to provide its services at the same level. Program expenditures made by the Organization are subject to additional audit by grantor agencies. As a result of such audits, the grantor may require that amounts be returned. In certain instances, the grantor may increase its grant of funds to the Organization to offset amounts which would otherwise be repayable based on audits. As of June 30, 2020, no amounts were owed back to grantor agencies. Note 15- Leases The Organization previously entered into a facility lease for warehouse and office space in Pembroke Park, Florida. The term of this lease agreement commenced in May 2013 and was renewed in April 2018, extending the lease through May 2023. Under the terms of the renewal agreement, monthly rent payments ranging from approximately $40,000 to $ 46,400 are due. The Organization is also responsible for its pro-rata share of certain operating expenses. In addition, the agreement also provides for one additional optional five-year renewal term. The Organization also entered into short-term temporary lease agreementsfor additional warehouse space and storage space for prepared meals to provide additional programs due to COVID-19. Rent expense is recognized on a straight-line basis. The difference between the base rent payments made and the amount of rent expense recognized is included in accrued expenses and totaled $ 81,563 at June 30, 2020. Rent expense, including its pro-rata share of operating expenses, in connection with these agreements totaled $ 1,106,809 for the year ended June 30, 2020. The Organization leases several vehicles that expire at various times through January 2026. The agreements contain monthly base payments of approximately$ 36,600 through August 2021 and at a lesser amount through January 2026.The Organization is also responsible for mileage fees at rates ranging from $ .025 to $ .085 per mile. During the year ended June 30, 2020, the total expense associated with these leases was $472,546. The Organization also leases various pieces of warehouse and office equipment with a total monthly payment aggregating approximately$ 3,800 through April 2021 and at a lesser value thereafter until January 2024. During the year ended June 30, 2020, the total equipment rental expense associated with these leases and other short-term equipment rentals was$ 99,238. 16 Page 284 of 973 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 15- Leases (continued) The following is a schedule of approximate future minimum lease payments, excluding common area maintenance and mileage charges: Year Ending June 30, 2021 $ 997,200 2022 966,500 2023 914,200 2024 370,700 2025 313,300 $ 3,561,900 Note 16- Income Taxes The Organization is a non-profit corporation, qualified under Section 501(c)(3) of the Internal Revenue Code and is therefore exempt from corporate income taxation on income related to its exempt function. No provision for income taxes has been made in the accompanying financial statements. Note 17- Employee Benefit Plan The Organization offers its employees a 401(k) profit-sharing plan (the "Plan") that covers all eligible employees. Employees may contribute to the Plan, pursuant to a salary reduction agreement, a percentage of their annual compensation subject to certain limitations. The Plan provides for employer matching contributions of 50% of each participant's contribution up to 6% of their gross salary. The Organization contributed $ 24,954 for the year ended June 30, 2020. Note 18- Supplemental Cash Flow Information Supplemental Disclosure of Cash Flow Information: Cash received during the year for- Interest and dividend income $ 88,732 Cash paid during the year for- Interest $ 100,228 17 Page 285 of 973 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 19- Acquisition of: Community Caring Center of Palm Beach County On March 31, 2020, the Organization acquired certain assets of the Community Caring Center of Palm Beach County, Inc. ("CCC"). The Organization believes this will allow Feeding South Florida to serve the needs of food-insecure individuals in Palm Beach County more efficiently.As a result of this transaction, the Organization obtained cash and vehicles from CCC, totaling approximately$ 91,000, and continues CCUs meal-delivery and food distribution programs in Palm Beach County. The amount received is reported as transfer from a not-for-profit entity in the accompanying statement of activities. Note 20- Subsequent Events On March 11, 2020, the World Health Organization designated the COVID-19 outbreak a pandemic. This pandemic has caused disruption in the global economies and markets. COVID-19 and fear of further spread has caused quarantines, cancellation of events, and overall reduction in business and economic activity. Management and the Board of Directors continue to evaluate and monitor the potential adverse effect that this event may have on the Organization's financial position,operations, and cash flows.The full impact of COVID-19 is unknown at this time and cannot be readily estimated as these events are still developing. 18 Page 286 of 973 Feeding South Florida, Inc. Compliance Section For the Year Ended June 30, 2020 Keef e M-Kullough CPA'sTrusted Advisors Feeding South Florida, Inc. Compliance Section For the Year Ended June 30, 2020 Table of Contents Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 1-2 Independent Auditor's Report on Compliance for Each Major Federal Program and State Project and on Internal Control Over Compliance Required by the Uniform Guidance and Chapter 10.650, Rules of the Florida Auditor General 3-5 Schedule of Expenditures of Federal Awards and State Financial Assistance 6-7 Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance 8 Schedule of Findings and Questioned Costs 9-11 Summary Schedule of Prior Audit Findings 12 Corrective Action Plan 13-14 Page 288 of 973 Keefe 5(D" WcCutlough CPA's+Trusted Advisors INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Directors Feeding South Florida, Inc. We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of Feeding South Florida, Inc. (a nonprofit organization) (the "Organization"), which comprise the statement of financial position as of June 30, 2020, and the related statements of activities,functional expenses,and cash flows for the year then ended, and the related notes to the financial statements, and have issued our report thereon dated January 18, 2021. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the Organization's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Organization's internal control. Accordingly, we do not express an opinion on the effectiveness of the Organization's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. We did, however, identify a deficiency in internal control, described in the accompanying Schedule of Findings and Questioned Costs under Section C as item 2020-01 that we consider to be a significant deficiency. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.com 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 "roup 25 Accuuinffing Rrrmm s I South Florida Business Journal "roup 400 Accountfing Rrrmm s fin the U.S.I INSIDE Public Accounting �� � 1,� 1 -T90299 bf 973 Feeding South Florida, Inc. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Organization's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Organization's Response to Findings The Organization's response to the finding identified in our audit is described in the accompanying Schedule of Findings and Questioned Costs under Sections C. The Organization's response was not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the response. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Organization's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Organization's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. k/4 M&�o KEEFE McCULLOUGH Fort Lauderdale, Florida January 18, 2021 2 Page 290 of 973 Keefe 5(D" WcCutlough CPA's+Trusted Advisors INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM AND STATE PROJECT AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE AND CHAPTER 10.650, RULES OF THE FLORIDA AUDITOR GENERAL To the Board of Directors Feeding South Florida, Inc. Report on Compliance for Each Major Federal Program and State Project We have audited Feeding South Florida, Inc.'s (a nonprofit organization) (the "Organization") compliance with the types of compliance requirements described in the OMB Compliance Supplement and the compliance requirements described in the Department of Financial Services' State Projects Compliance Supplement that could have a direct and material effect on each of the Organization's major federal programs and state projects for the year ended June 30, 2020. The Organization's major federal programs and state projects are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. Management's Responsibility Management is responsible for compliance with the federal statutes and state statutes, regulations, and the terms and conditions of its federal awards and state financial assistance applicable to its federal programs and state projects, respectively. Auditor's Responsibility Our responsibility is to express an opinion on compliance for each of the Organization's major federal programs and state projects based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance); and Chapter 10.650, Rules of the Florida Auditor General. Those standards, the Uniform Guidance, and Chapter 10.650, Rules of the Florida Auditor General, require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program and/or state project occurred. An audit includes examining, on a test basis, evidence about the Organization's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program and state project. However, our audit does not provide a legal determination of the Organization's compliance. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.com 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 "roup 25 Accouinffing Rrrmm s I South Florida Business Journal "roup 400 Accouintfing Rrrmm s fin the U.S.I INSIDE Public Accounting �� � 1,� 3 BEPdW2g U973 Feeding South Florida, Inc. Opinion on Each Major Federal Program and State Project In our opinion, the Organization complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs and state projects for the year ended June 30, 2020. Other Matters The results of our auditing procedures disclosed an instance of noncompliance which is required to be reported in accordance with the Uniform Guidance and which is described in the accompanying Schedule of Findings and Questioned Costs as item 2020-01. Our opinion on each major federal program and/or state project is not modified with respect to this matter. The Organization's response to the noncompliance finding identified in our audit is described in the accompanying Schedule of Findings and Questioned Costs. The Organization's response was not subject to the auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response. Report on Internal Control over Compliance Management of the Organization is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the Organization's internal control over compliance with the types of requirements that could have a direct and material effect on each majorfederal program and state project to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each majorfederal program and state project and to test and report on internal control over compliance in accordance with the Uniform Guidance and Chapter 10.650, Rules of the Florida Auditor General, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the Organization's internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program and/or state project on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program and/or state project will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program and/or state project that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, we did identify a deficiency in internal control over compliance, as described in the accompanying Schedule of Findings and Questioned Costs under Section C as item 2020-01 that we consider to be a significant deficiency. The Organization's response to the internal control over compliance finding identified in our audit is described in the accompanying Schedule of Findings and Questioned Costs under Section C. The Organization's response was not subjected to the auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response. 4 Page 292 of 973 Feeding South Florida, Inc. Report on Schedule of Expenditures of Federal Awards and State Financial Assistance Required by the Uniform Guidance and Chapter 10.650, Rules of the Florida Auditor General We have audited the financial statements of Feeding South Florida, Inc. as of and for the year ended June 30, 2020, and have issued our report thereon dated January 18, 2021, which contained an unmodified opinion on those financial statements. Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole.The accompanying schedule of expenditures of federal awards and state financial assistance is presented for purposes of additional analysis as required by the Uniform Guidance and Chapter 10.650, Rules of the Florida Auditor General, and is not a required part the financial statements. Such information is the responsibility of management and was derived from and related directly to the underlying accounting and other records used to prepare the financial statements.The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards and state financial assistance is fairly stated in all material respects in relation to the financial statements as a whole. Purpose of this Report The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance and Chapter 10.650, Rules of the Florida Auditor General. Accordingly, this report is not suitable for any other purpose. t�+ W KEEFE McCULLOUGH Fort Lauderdale, Florida January 18, 2021 5 Page 293 of 973 Ln O1 +. Ln a Ln a1 a1 Q N O i H N i/? 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Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance June 30, 2020 Note 1- Basis of Presentation The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance (collectively referred to as the "Schedule") includes the federal and state award activity of Feeding South Florida, Inc. (the "Organization") under programs of the federal and state governments for the year ended June 30, 2020. The information in this Schedule is presented in accordance with the requirements of the Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements of Federal Awards, (Uniform Guidance) and Chapter 10.650, Rules of the Auditor General. Because the Schedule presents only a selected portion of the operations of the Organization, it is not intended to and does not present the financial position, change in net assets, or cash flows of the Organization. Note 2- Summary of Significant Accounting Policies Expenditures reported on the Schedule are reported on the accrual basis of accounting. Such expenditures are recognized following the cost principles contained in the Uniform Guidance and Chapter 10.650, Rules of the Auditor General, wherein certain types of expenditures are not allowable or are limited as to reimbursement. Note 3- Indirect Cost Rate The Organization did not elect to use the 10% de minimis indirect cost rate allowed under the Uniform Guidance. Note 4- Contingency The grant and contract revenue amounts received are subject to audit and adjustment. If any expenditures or expenses are disallowed by the grantor agencies as a result of such an audit, any claim for reimbursement to the grantor/contract agencies would become a liability of the Organization. In the opinion of management, all grant and contract expenditures are in compliance with the terms of the agreements and applicable federal and state laws and other applicable regulations. Note 5— Food Distribution Nonmonetary assistance for food commodities received from the United States Department of Agriculture ("USDA") are reported in the Schedule based on a cost study conducted for Feeding America. For the year ended June 30, 2020 donated government food was valued at $ 1.49 per pound. At June 30, 2020 the Organization had food commodities totaling approximately$ 5,064,000 in inventory. 8 Page 296 of 973 Feeding South Florida, Inc. Schedule of Findings and Questioned Costs For the Year Ended June 30, 2020 A. Summary of Auditor's Results 1. The auditor's report expresses an unmodified opinion on the financial statements of Feeding South Florida, Inc. 2. No material weaknesses relating to the audit of the financial statements are reported in the Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards. 3. No instances of noncompliance material to the financial statements of Feeding South Florida, Inc. were disclosed during the audit. 4. A significant deficiency in compliance and internal control over compliance relating to the audit of the major federal award programs is reported in the Independent Auditor's Report on Compliance for Each Major Federal Program and State Project and on Internal Control Over Compliance Required by the Uniform Guidance and Chapter 10.650, Rules of the Florida Auditor General. 5. The auditor's report on compliance for each of the major federal award programs and state projects for Feeding South Florida, Inc., expresses an unmodified opinion. 6. An audit finding relative to the major federal award programs for Feeding South Florida, Inc., is reported in Part C of this schedule.There are no audit findings relative to the major state project for Feeding South Florida, Inc. reported in Part C of this schedule. 7. The programs tested as major programs were as follows: Federal Program CFDA No. United States Department of Agriculture - Coronavirus Pandemic 19 Program 21.019 Trade Mitigation Program 10.178 State Project CSFA No. State of Florida Department of Agriculture and Consumer Services- Support for Food Banks 42.019 8. The threshold for distinguishing Type A and B for federal programs was $ 2,425,989 and $ 606,497, respectively. The threshold for distinguishing Type A and Type B for state projects was$ 287,027. 9. Feeding South Florida, Inc. was determined to be a low-risk auditee pursuant to the Uniform Guidance. B. Findings- Financial Statement Audit Finding number 2020-01 discussed in Section C is applicable under this section. 9 Page 297 of 973 Feeding South Florida, Inc. Schedule of Findings and Questioned Costs For the Year Ended June 30, 2020 C. Findings and Questioned Costs- Major Federal Programs and Major State Project United States Department of Agriculture-Trade Mitigation Program —CFDA 10.178 and Coronavirus Pandemic 19 Program —CFDA 21.019. Significant Deficiency 2020-01: Inventory Reconciliation Process: Condition and Criteria: During the year, the Organization received a large increase in donated food and donated governmental food commodities to meet an increase in demand for food assistance in the community due to COVID-19. Due to staffing shortages and social distancing requirements during the early stages of the Pandemic, the Organization temporarily suspended monthly reconciliations of inventory counts to the general ledger. In addition, there was an increase in the amount of time between inventory receipts and distributions and when they were posted to the Organization's inventory management system. Cause:The Organization's inventory adjustments were not posted timely and monthly reconciliations of inventory to the general ledger were not performed due to staffing shortages during the COVID- 19 Pandemic. Effect:There is a risk that donated food losses of governmental food commodities may not be timely reported to the Food Nutrition service and restitution may not be made for losses. Recommendation: We recommend that the Organization perform a monthly reconciliation of its book inventory to the inventory summary, receipt summary and distribution summary reports provided by Primarius. We noted in the Organization's TEFAP corrective action plan that the Organization will conduct quarterly, full inventory counts. We recommend that the quarterly inventory counts be reconciled to the book inventory and the quarterly reconciliations be signed off by the Finance Director and CEO. In addition, we recommend that inventory be tracked by federal program in order for management to accurately reconcile federal expenditures by program and that management continue to improve inventory related policies and procedures. Management's Response: The Organization has a schedule of monthly inventory counts and inventory reconciliation. The pandemic forced the Organization to receive and distribute food at a never-before-seen level to ensure families who were left jobless had food on their tables. The Organization has increased its warehouse team to handle the volume that more than tripled over last year's and continue with scheduled monthly inventory counts and reconciliation. D. Other Issues 1. A separate management letter was not issued. 2. A schedule of prior audit findings is required in accordance with the Uniform Guidance(see page 12). 3. A corrective action plan is required in accordance with the Uniform Guidance (see page 13-14). 10 Page 298 of 973 Feeding South Florida, Inc. Schedule of Findings and Questioned Costs For the Year Ended June 30, 2020 E. Internal Control Comments and Recommendations 2017-01: Improve Inventory Reconciliation Process We recommend that the Organization perform a monthly reconciliation of its book inventory to the inventory summary, receipt summary and distribution summary reports provided by Primarius. We noted in the Organization's TEFAP corrective action plan that the Organization will conduct quarterly, full inventory counts. We recommend that the quarterly inventory counts be reconciled to the book inventory and the quarterly reconciliations be signed off by the Finance Director and CEO. In addition, we recommend that inventory be tracked by Federal program in order for management to accurately reconcile federal expenditures by program and that management continue to improve inventory related policies and procedures. 2020 update/status:This recommendation has been reported as significant deficiency 2020-01. Current Year Internal Control Comments and Responses See Section C above. 11 Page 299 of 973 Feeding South Florida, Inc. Summary Schedule of Prior Audit Findings For the Year Ended June 30, 2020 Department of Agriculture Finding 2019-01:Time and Effort Reporting Condition:This finding was a significant deficiency stating that the Organization should improve support for time and effort reporting for costs charged to federal awards. Recommendation:The auditor recommended the Organization develop written policies for recording and allocating expenses in the general ledger. Current Status:The recommendation was adopted in 2020. No similar findings were noted in the 2020 audit. 12 Page 300 of 973 FEEDING SOUTH FLORIDA, INC. 2501 S.W 32ND TERRACE PEMBROKE PARK, FL 33023 CORRECTIVE ACTION PLAN January 18, 2021 U.S. Department of Agriculture Feeding South Florida Inc. respectfully submits the following corrective action plan for the year ended June 30, 2020. Keefe McCullough 6550 N. Federal Highway, 4th Floor Fort Lauderdale, FI 33308 Audit Period: June 30, 2020 The finding from the June 30, 2020 schedule of findings and questioned costs is discussed below.The finding is numbered consistent with the number assigned in the schedule. FINDINGS - FEDERAL SINGLE AUDIT Finding number 2020-01 discussed below is applicable under this section. FINDINGS AND QUESTIONED COSTS - MAJOR FEDERAL AWARDS PROGRAM AUDITS 2020-01: Trade Mitigation Program —CFDA 10.178 and Coronavirus Pandemic 19 Program—CFDA 21.019; Inventory Reconciliation Process Condition and Criteria: During the year, the Organization received a large increase in donated food and donated governmental food commodities to meet an increase in demand for food assistance in the community due to COVID-19. Due to staffing shortages and social distancing requirements during the early stages of the Pandemic, the Organization temporarily suspended monthly reconciliations of inventory counts to the general ledger. In addition, there was an increase in the amount of time between inventory receipts and distributions and when they were posted to the Organization's inventory management system. Cause: The Organization's inventory adjustments were not posted timely and monthly reconciliations of inventory to the general ledger were not performed due to staffing shortages during the COVID-19 Pandemic. Effect: There is a risk that donated food losses of governmental food commodities may not be timely reported and restitution may not be made for losses. 13 Page 301 of 973 Feeding South Florida -2- January 18, 2021 Recommendation: We recommend that the Organization perform a monthly reconciliation of its book inventory to the inventory summary, receipt summary and distribution summary reports provided by Primarius. We noted in the Organization's TEFAP corrective action plan that the Organization will conduct quarterly, full inventory counts. We recommend that the quarterly inventory counts be reconciled to the book inventory and the quarterly reconciliations be signed off by the Finance Director and CEO. In addition, we recommend that inventory be tracked by federal program in order for management to accurately reconcile federal expenditures by program and that management continue to improve inventory related policies and procedures. Management's Response: The Organization has a schedule of monthly inventory counts and inventory reconciliation. The pandemic forced the Organization to receive and distribute food at a never-before-seen level to ensure families who were left jobless had food on their tables. The Organization has increased its warehouse team to handle the volume that more than tripled over last year's and continue with scheduled monthly inventory counts and reconciliation. If the U.S. Department of Agriculture has questions regarding this plan, please call Paco Velez at 954-518- 1818 or email at pvelez@feedingsouthflorida.org. Sincerely yours, Paco Velez CEO & President 14 Page 302 of 973 FEEDING ' SOUTH FLORIDA } pg 6 S f P uphecy �.i � It t SOL 71 �y� lY}416I2 p9n. y INSIGHT y �e S DATA IS CRITICALT ENDING HUNGER Oasis Insight is a leading client intake and reporting solution for Feeding America food banks and Instantly produce both network their partner agencies. and agency reports. Manage SNAP, TCA, TEFAP %. and other program applications. Oasis Insight provides local and regional insights about the people we serve and allows us to tailor services and interventions Add accountability between to at-risk populations. It confirms LMI status partner agencies and food banks. and program eligibility. fin It helps us tell a data-driven story to bust Broadcast system-wide WW 1%04' myths, foster empathy, and drive social alerts and bulletins. 04r change. Capture assistance It assists in forecasting distribution require- records in real-time. ments by better understanding the total number of unduplicated individuals served, ` thereby reducing food waste. , Conduct intake at the point of distribution. Technology allows us to eliminate paper, including sign in sheets and can reduce the Conduct food staff/volunteer time at food distributions. insecurity surveys - t COMMUNITY DEVELOPMENT BLOCK GRANT- CORONA VIRUS CARES ACT AGREEMENT between CITY OF BOYNTON BEACH and FEEDING SOUTH FLORIDA THIS AGREEMENT entered into this day of 20_ is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as"CITY,"and Feeding South Florida hereinafter referred to as"the SUBRECIPIENT," having its principal office at 4925 Park Ridge Blvd., Boynton Beach, FL 33426 and its Federal Tax Identification Number as 59-2097520. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block (CDBG) Program in the City, for allocations 1 & 3 of the Corona Virus CARES Act Funds, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG' means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements 1.6 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Department of H U D. 1.7 "24 CFR Part 570" refers to the Section of the Code of Federal Regulations pertaining to the U. S. Department of HUD. Page 304 of 973 1.8 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.9 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.10 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non-consumable nature, with a value of$500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Three Hundred and Fifty-Eight Thousand Three Hundred and Three Dollars and 00/100 ($358,303.00). The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Three Hundred and Fifty-Eight Thousand Three Hundred and Three Dollars and 00/100 ($358,303.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal Community Development Block Program - allocations 1 & 3 of the Corona Virus CARES Act. Funds. These funding is contingent upon approval and funding by HUD. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that have not been approved and funded by HUD. 3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments at least once per quarter or unless there is a mutual agreement otherwise. Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. Page 305 of 973 3.3 Prior to receipt of Community Development Block Program - allocations 1 & 3 of the Corona Virus CARES Act. Funds (through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures being involved. 3.4 Release of funds is subject to the approval of the Director of Financial Services and Community Improvement Manager. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from March 1, 2020 to August 31, 2022. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. Page 306 of 973 ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend Community Development Block Program - allocations 1 & 3 of the Corona Virus CARES Act. funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part Z. and the Federal Accountability and Transparency Act. As set forth at 2 CFR Part 170. 9.2 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, Page 307 of 973 color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. 9.3 Other Program Requirements: The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.4 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.5 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.6 Audits: Nonprofit organizations that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit"reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. Page 308 of 973 The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.7 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A-110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 9.8 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.9 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. Page 309 of 973 b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2)with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.10 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.11 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of$25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Page 310 of 973 Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.13 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.14 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute Page 311 of 973 discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.15 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.17 Indemnification: SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. 9.18 Public Records: SUBRECIPIENT shall complywith all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. Page 312 of 973 C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.19 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. Page 313 of 973 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of 20_ WITNESSES: By: Print Title Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this_ day of 20_, by Personally Known _ OR Produced Identification_Type of Identification Produced Seal NOTARY PUBLIC Signature Print ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: City Clerk Mayor Approved as to form: City Attorney Page 314 of 973 • IfIN COMMUNITY DEVELOPMENT BLOCK GRANT (CDRG) FUNDING APPLICATION CDRG-CV FOR INFORMATION OR QUESTIONS, PLEASE CONTACT: CITY OF BOYNTON DEPARTMENT OF DEVELOPMENT COMMUNITY IMPROVEMENT DIVISION 100 East Ocean Avenue Boynton Beach, FL 33435 Telephone: 561-742-6359 RJ Ramirez Community Improvement Program Manager Email: .ramirezr@bbfl.us Agency Name:Boynton Beach Faith Based Community Development Cam Page 315 of 973 Project: Emer encV Rental Assistance APPLICATION Submit: X Application is signed and dated. By Director, and Board Chairperson K 501(c) (3) Determination Letter X Board Member list. X Copy of latest audit. X All funding sources for this project identified. ADDITIONAL ATTACHMENTS X Attachment 1 Agency Articles of Incorporation and Agency By-laws Attachment 2 Copies of current license(s) needed to operate (if applicable to the funded activity) CDBG-CV Funding Request i Page 316 of 973 A. GENERAL INFORMATION 1. Name of Applicant: Boynton Beach Faith Based Community Development Corp X Non-profit Neighborhood Association For-Profit CHDO (Provide copy of your IRS ruling providing tax exempt status under Section 501(c)(3)of the 1986 IRS Code if you are a non- profit) 2. Name of Project: Rental Assistance Program 3. Area or Location of Project: City of Boynton Beach 4. Contact Person/Title: Keturah Joseph/Executive Director (Preferably Pres./Director) Email Address: kwbbfbcdc@yahoo.com OR kioseph@boyntonbeachcdc.org Additional Contact Person/Title: Sherry Johnson (Preferably Person responsible for preparing reports) Alternate Email Address:.slohnson@boyntonbeachcdc.org Mailing Address/Zip: PO Box 337, Boynton Beach, FL 33425 Telephone: 561-752-0303 Fax: 561-244-5046 5. Grant Request Activity Area: X Public Service Homeless Prevention Services Public Facility Other Public Safety/Crime Prevention Economic Development Senior Services Youth Programs 6. CDBG-CV: (a) Total CDBG-CV Funds Requested $370,000 (b) Total Unduplicated Clients Served 70 (Explain how determined?) Up to 3 months of rental assistance provided per individual/household, based on an average rent of$1,500/per month. Maximum per individual/household =$4,500 Calculation: $370,000- 15% (admin) =$314,500/$4,500 = 69.888 households (c) Average Cost Per Client$4,500 (3 months' rent @ $1,500 per month) 7. Could this project occur without these funds? —Yes X No This Rental Assistance project is being undertaken to spend the City's CDBG-CV,allocation of funds to provide rental assistance to individuals and families impacted by the Coronavirus to prevent, prepare for, or respond to the Coronavirus. Boynton Beach CDC does provide a financial aid program on a much smaller scale to homeless or at-risk of becoming homeless individuals and families and will continue to do so on a funds availability basis- 2 Page 317 of 973 8. Will this project continue after our funding ends? X Yes_ No Continuation of the project is based on funding availability. Once the CDBG-CV funds are expended the project will end unless the City provides additional funds to continue the project. However, the CDC will continue to solicit funding from various foundations and request "CDBG" funding from the City through regular CDBG funds,to continue to offer rental assistance to Boynton Beach residents after COVID-19 funds end. Presently, Boynton Beach CDC provides housing for at-risk individuals and will continue to do so. B. PROPOSED PROJECT: Project Description: Concisely describe your project. This description will be used in future publications should your application be approved. Limit to four sentences. Tenants residing within the city limits of Boynton Beach may apply for up to 3 months of rental assistance if they have been affected, directly or indirectly, by COVID -19, are determined to be 80% of Area Median Income (AMI), and are at-risk of being homeless. Rental assistance will be paid directly to the landlord and will be applied towards arrears first, and then towards any future rental payments, if it is determined that the extra months are needed to ensure housing stability, and if funds are available. Priority will be given to applicants that are 50% or below of Area Median Income, unemployed for 90 days or more, and have received either a past due notice or an eviction notice. C. PROJECT SUMMARY Provide a detailed description of the proposed project/activity to be funded, including a plan of action explaining in detail how the agency (and who, specifically) will implement the activity: i.e. intake procedures, required documentation, etc. Describe how this activity relates to the overall organizational structure. Be very specific how the CDBG-CV funds are proposed to be used. (Attach additional sheets if necessary) Boynton Beach is a qualified Community-Based Development Organization (CBDO) involved and engaged in the Heart of Boynton (HOB) redevelopment activities and is an affordable-housing leader in the City of Boynton Beach. One of the CDC's primary assignments is to address slum and blight and improve the housing stock in the HOB. We create, sustain, and promote access to affordable housing for low and moderate-income individuals and families, the vast majority with household incomes below eighty percent of the area median income. The proposed project is a continuation of our housing efforts and is an eligible activity as specified in 24 CFR570.204(a) - Special Activities by a Community Based Development Organization. This last year the CDC has made an intentional effort to expand its social service department to better link public and private partners together to address the COVID Crisis and fill the gaps in the financial needs of our homeless and at-risk of homelessness populations. As part of PBC's Continuum of Care, we can access the county's Client Management of Information System (CMIS) database to ensure there is no duplication of services for all federal,county, and local program funding sources. BBFBCDC 3 Page 318 of 973 staff members are skilled at networking among local service providers and can provide outreach to the target population and assess the needs specific to each client. if we do not have the resources necessary for assistance, program staff makes appropriate referrals. What resources we do have are leveraged with other partners to assist clients in the pandemic REBOUND and reach sustainability. Our executive director is an experienced HUD Certified Credit Counselor and Housing Counselor who will be approving all requests for rental assistance on behalf of the City of Boynton Beach (See resume, Keturah Joseph). This project is designed for + Renters whose ability to pay their rent has been negatively impacted by COVID-19. For example by job loss or loss of income incurred as a result of the COVID-19 pandemic. • Renter households that receive a monthly federal subsidy (e.g., a Housing Choice Voucher, Public Housing, or Project-Based Rental Assistance) may receive assistance for the tenant- owed portion of rent or utilities that is not subsidized. • At least 70%of the City's CDBG-CV funds must directly benefit our low and moderate-income citizens, or those that are 80% of Area Median Income (see table attached) priority will be given to those that are 50% • Affected, directly or indirectly, by COVID-19, and • At-risk of being homeless due to COVID-19. Financial Crisis directly related examples: • Documentation showing loss of income, loss of self-employment, reduction in hours, or COVID related medical expenses • For loss of employment, priority is given to unemployment for 90 or more days by at least one household member • Has qualified for unemployment • Increase in expenses due to COVID-19 • Responsible for caring for children/grandchildren at home, or • Caring for or being a high-risk individual. At-Risk of homelessness or housing instability examples: • Eviction notice • Past due rent notice Must provide proof of Income for all adult household members ages 18 to determine household eligibility. Examples can include: • Total household income for 2020 (Tax Returns- IRS Form 1040 ) • Wage statement, Paycheck stubs, Unemployment, Pension, Retirement, Social Security • Determination letter from local, state, or federal government assistance program • Total household income for the two months prior to the submission of the application COVID-19 Financial Hardship Must provide written statement signed by the applicant describing financial hardship due to COVID- 19 (loss of income, laid off, loss of self-employment income, reduction in hours, etc.) 4 Page 319 of 973 Applications can be submitted directly from individuals or by other social service providers on behalf of their clients. If the CDCs financial assistance is inadequate and does not"cure" applicants' housing issue, and additional financial support is required, our trained staff will assist applicants in accessing other resources to achieve economic stabilization. Once an application is received, it will be checked by staff for completeness.The client will be notified should staff require additional documentation to substantiate and provide adequate proof that the hardship is COVID-19 related. Once the processor feels that the application meets all the necessary guidelines, it will be forwarded to the executive director for consideration and to decide either denial or approval.The director will then process it for payment by preparing a check request to the finance department for payment directly to the landlord. Applications will not be approved and processed for payment until ALL proof of income and documentation requested has been provided. Landlords will be required to provide the following: • Business Address • Tax ID Number (EIN, SSN, ITIN, or ATIN) • Foreign Vendor—Applicable W08 Form • W-9 Form • Foreign Tax 1D • Legal Business Name • DUNS Number—Optional (to indicate that they are doing business with a Government Agency) • Contact information (name, address, email, phone, and fax for EACH of the business functions identified below: o Accounting Department, and o Property Manager Payments will be mailed directly to the landlord according to the address on record. However, property managers are eligible recipients. Boynton Beach CDC will submit monthly invoices to the City of Boynton Beach requesting reimbursement for payments made to landlords on behalf of residents using CDBG-CV funds. BBFBCDC will provide proof of payment with both front and back of checks and any additional documentation required by the City. According to our policies and procedures for retention,the CDC will hold backup documentation for monitoring purposes and audit for the appropriate period required by law. An independent CPA performs an annual audit to determine the proper use of funds and will be submitted to the city upon request. Explain how this program fits with your mission. Our Mission Statement is to develop sustainable communities through services and resources that include home ownership opportunities, real estate development, financial education, and youth development resulting in the spiritual and economic transformation of people. One of the CDC's primary assignments is to create safe, decent, affordable housing opportunities for low and moderate-income individuals/families and prevent homelessness. This is particularly crucial currently 5 Page 320 of 973 given the economic impact of the COVID -19 pandemic and the desperate need for assistance. Through this program, individuals will regain financial stability and will be empowered to live independently in the communities of Boynton Beach where they will both live and work. How will it impact your current operation? For the past year, we have been implementing a program in the Heart of Boynton (HOB) precisely as described in the project. Unfortunately, our funding was limited, and regrettably, we could assist everyone that requested help. The CDBG-CV funding will allow us to assist more residents (70 additional households) and fund the salaries of two staff persons to facilitate the administrative function of the project. How does this program relate to the Consolidated Plan Priority? It will address the following "Priorities": 1. Homeless prevention 2. Prevent, prepare for, or respond to the Coronavirus Does this program serve a targeted neighborhood,who is the targeted population (at least 70%of the City's CDBG-CV funds must directly benefit our low and moderate income citizens)? The CDBG-CV funds do not have to serve a Low or Median Income (LMI) area/neighborhood. Typically, public service projects use the LMI Limited Clientele CDBG Objective. The project is not targeting a "specific" neighborhood. It will be implemented city-wide. However, the project's target population is households with incomes at or below 80 percent of AMI. Priority will be given to families with incomes at or below 50 percent of AMI. Because this project is a public service activity, at least 70% of the funds will directly benefit low and moderate-income households. Will Program Income be generated from this activity? No program income will be generated. The only fee the CDC will earn is the fifteen percent(15%) "Activity Delivery Costs" detailed in this request to adrninister/implement the project. Where will the Program take place? The program will be implemented city-wide with emphasis on the Heart of Boynton (HOB) and other low-income areas because the need may be greatest in those areas. Our office is located in the HOB at 2191 N. Seacrest Blvd. Boynton Beach, FL 33435. It is the administrative headquarters where files are kept, where staff meets individually with clients and is the drop-off location for requested documents. Due to Covid-19 this last year and a half, staff have primarily utilized virtual technology for face-to-face meetings with clients. Are you working with other organizations in a cooperative effort on the program? We have had to formalize Roles and Responsibilities with the following Government &Agency Partners to provide additional emergency services: • PBC 211 Crisis Line 6 Page 321 of 973 • Florida Power and Light Assist • PBC's Client Information Management Systems (CMTS) • PBC's SAMIS Portal System to respond to NOFA's and Invoice for Services Renderer • Department of Children & Families—completed all required training to provide services to clients. • Homeless and Housing Association Membership was required to obtain CMIS access. We use Dropbox, Zoom, & QuickBooks to assist in data maintenance, and detailed financial accountability in compliance reports to funders. Copies of staff certifications and user agreements have been submitted to obtain licenses required from PBC, DCF and FPL and are attached. D. Goals/Objectives/Activity Measures: Goal: Homeless Prevention using CDBG-CV Funds. Objective#1— Provide rental and utility assistance to a minimum of seventy (70) eligible Boynton Beach households/residents who have experienced a reduction of household income, incurred significant costs, or experienced financial hardship due to COVID-19. Objective #2 - Provide housing counseling to households suffering negative financial impact from the COVID-19 pandemic to assist in stabilizing their housing situations to prevent loss of residence or eviction. Objective#3- Create a community awareness outreach program via social media,flyers, other social service organizations, and community groups to advertise funding availability, the criteria for applications, and solicit applications from residents at risk of homelessness. Goal: Identify additional resources to ensure household financial stabilization for residents who need more help. Objective#1—Assist residents with employment applications and registration with Employ Florida, provide job placement assistance and referrals to PBC Career Source, the Women's Circle, provide referrals for training and placements to Boca Helping Hands, Feeding South Florida Culinary training, etc. Objective#2— Identify resources for financial benefit programs such as SNAP, other rent and utility assistance programs, unemployment, etc., and assist with completing applications if needed. 7 Page 322 of 973 Objective##3— Provide online application assistance for families to obtain rent and utility assistance through PSC's OSSCARS, ERA, foundation, and donor assistance to prevent evictions and foreclosures, work with Tenant/Landlord negotiations, referrals to legal aid, and when necessary work to assist with relocations, and Emergency Housing Vouchers through HHA, offer Housing Counseling Services regarding documentation required for financial assistance, crisis budgeting, credit repair and counseling, and referrals. E. ACTIVITY DELIVERY COSTS Please list applicant's anticipated expenditures, detailing requested funds and applicant's matching funds. Please place C=Cash, S=Sweat Equity, O=Other Grants, D=Donations beside each amount under "Applicant's Match" to denote the type of match being used. Line Item CD G Funds plicadt' a Prod 1', 4 z K010 cl IVl atc Fri d y ADMINISTRATION: Personnel ( 1.5 ) $45,500 $21,500 (0) $67,000 Payroll Taxes 3,481 1,645 (0) 5,126 Employee Benefits 1,519 3,132 (0) 4,651 Office Supplies Copy Supplies Postage Telephone Professional Services 5,000 5,000 (C) 10,000 Vehicle Fuel/Mileage Other (Insurance, etc.) PROGRAM: Rental Assistance Prog. 314,500 314,500 Other TOTALS $370,000 $31,277 $410,277 F. APPLICANT INFORMATION: (Provide a brief description of each) Capacity of Organization The capacity of the organization has been demonstrated over the last 20 years as a premier affordable housing developer. S Page 323 of 973 James Horne has been certified by NeighborWorks as a Housing Counselor for more than 12 years. Gloria Goolsby has a BS in Community and Human Services, and a certification as a Behavioral Health Case Manager. Sherry Johnson was the Executive Director of the former Community Caring Center, her background was in Secondary Education as a Math Teacher, credentials in accounting, State Certified as a building contractor, and 20 years as a Social Service provider. Resumes of all staff indicate extraordinary level of education and experiences and credentials in the field of housing and social services. The Executive Director's professional profile consists of: + Over 26 years of management experience within diverse environments • Seasoned affordable housing professional. • Over 25 years of experience in developing, planning, implementing, and directing housing and community development programs. • Over 21 years of real estate sales experience • In-depth knowledge of federal regulations of CDBG, HOME, NSP and State (SHIP) housing programs She can effectively and positively deal with government officials as well as private clients and consultants and has demonstrated sound knowledge of mortgage lending criteria and experience in credit analysis, and underwriting. Past Experience Both the Executive Director, Keturah Joseph, and the Social Service Director,Sherry Johnson, have had over 20 years of experience each with Housing and Urban Development, CDBG Funding through the City of Boynton Beach and Palm Beach County, FEMA's Emergency Food and Shelter Program, and have cleared the compliance review process. Ms. Johnson's LRO received FEMA funding, LRO# 168600-042, since 2009 until 2020. Mission Statement The mission of the Boynton Beach Faith-Based CDC, Inc. is to promote economic revitalization of the community through homeownership, develop and sustain partnerships for efficient use of resources, improved and increase the delivery of social services in the community to children and families by creating a healthy community through nutrition education, social services, and economic development programs. Annual Budget- see attachment for Agency's Annual Budget$720,233 Reporting Capabilities (include sample copy of form(s) used to capture client demographics, services provided, etc.) Do financial statements break down income and expenses by programs to follow revenue and disbursements? Is an Audit performed annually? 9 Page 324 of 973 The Boynton Beach Faith Based CDC, Inc. will administer the requested funds efficiently and effectively. Because BBFBCDC has been in existence for more than 20 years and is a part of a collaborative effort within the Heart of Boynton area, our outreach, intake, and assessment methods are conducted professionally and compassionately. Each fiscal year, a budget committee and the Executive Director prepare a projected budget and recommend it to the Board of Directors for final approval. An experienced Executive Director and Administrative Assistant handle the day-to-day activities of the finance department that an experienced Board Treasurer oversees. The accounting system is computerized using the non-profit QuickBooks Pro software. An accountant writes checks bi-weekly. All check requests are approved by the Department head and reviewed by the Executive Director for approval and then given to the accountant. In addition,the accountant files all required payroll reports, Quarterly 941 Tax returns, and payments timely. A CPA provides an annual audit and an annual report to the Board of Directors, making any recommendation necessary to improve the fiscal accountability of the organization. Regarding the CDBG funds,the Administrative Assistant will prepare for the City of Boynton Beach copies of checks and invoices for reimbursement on a Monthly/Quarterly basis along with required reports documenting numbers of beneficiaries, and the Executive Director will oversee their submissions. Copies of Financial Check Requests and Reporting Forms used are attached. Governing Body Profile (Does Board membership reflect the community as regards ethnicity, gender and representative of the population served? Is Board Orientation conducted for new members? How often does the Board meet? Include Board Member list) Board Members—All Board Members are residents, community activists, and business leaders. They are African American,3 men and 5 women.They meet once a month.Any new board members would receive an orientation when joining the organization. See Board Member List attachment. Housing Counseling Services Housing Counseling Services an interrelated service-will also be provided to tenant households suffering negative financial impact from the COVID-19 pandemic. It will be provided as a complimentary service and is intended to assist in stabilizing tenant housing situations to prevent loss of residence to eviction. For those in need of the service, staff will provide the following: Financial counseling and assistance with budgeting to bridge financial crisis. Credit counseling to mitigate the negative impact on credit score. Negotiating with landlords on tenants'behalf—Tenant/Landlord counseling. • Referrals to community resources to meet basic needs. • Credit building. Participation is voluntary and will be provided for up to three(3)months and shall be conducted one- on-one or in group format either in-person,remotely via telephone, or via video conferencing software. Each client will receive assistance in creating a written crisis budgeting plan based on their specific household income and expenses. The plan will include guidance on reducing expenses to help them better afford and manage their existing debt. In addition,participants will receive a Certificate of Completion, including the agency's name and the counseling date(s). 10 Page 325 of 973 G. Conflict of Interest Federal law (24 CFR 570.611) prohibits persons who exercise or who have exercised any functions or responsibilities with respect to the above grant...or who are in a position to participate in a decision making process or to gain inside information with regard to such activities, may obtain a financial interest or benefit from an assisted activity...either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 1. Is there any member of the applicant's staff, member of the applicant's Board of Directors,or office who currently is or has/have been within one year of the date of this application a City employee, or a member of the City Commission? Yes X No If yes, please list names: 2. Is there any member of the applicant's staff, member(s) of the Board of Directors, or officer(s)who are business partners or immediate family of a City employee, or a member of the City Commission? Yes X No If yes, please list names: 3. Will the funds requested by the applicant be used to pay the salaries of any of the applicant's staff or award a subcontract to any individual who is or has been within one year of the date of this application a City employee, or a member of the City Commission? Yes X No If yes, please list names: 11 Page 326 of 973 The applicant certifies to the best of his/her knowledge and belief that the data in this application is true and correct and that the filing of the application has been duly authorized by the governing body.of the applicant(if applicable).and that the applicant will comply with all the requirements of this grant if the application is approved. Name: �dt� Signatur Title: 'f� r�S� Dater Name:: Signature. Title: Date: CDBG Funding Application Page 327 of 973 BOYNTON BEACH COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE PROGRAM GUIDELINES Boynton Beach CDC Emergency Rental Assistance Program (ERA) is aimed at stabilizing rental households by helping income-eligible renters within the city limits of Boynton Beach who are past due in rents and/or have suffered loss of income or reduced wages directly or indirectly caused by the COVID-19 pandemic. The program is made possible with approximately $370,000 in Federal CDBG-CV funding from the City of Boynton Beach to prevent, prepare for and respond to the Coronavirus pandemic. Assistance may be provided for unpaid overdue rent(arrears), late fees, and unpaid utility bills. Rental assistance that covers more than one month must be consecutive. Intermittent emergency rental assistance for the same family is not permitted. The CDBG-CV funded emergency payments cannot have a gap in funding. Payments will be made to the provider (landlord and utility companies)on behalf of the individual family and not directlyto an individual or family. Who is Eligible for Assistance? Rental Assistance is only available for households that have been impacted by COVID-19 either directly or indirectly. An "eligible household" is defined as a renter household in which at least one or more individuals meets the following criteria: • Must be a resident of the City of Boynton Beach, and obligated to pay rent on a residential dwelling located in the City of Boynton Beach; • One or more individuals qualifies for unemployment benefits or experienced a reduction in household income, incurred significant costs, or experienced other financial hardship due, directly or indirectly to COVID-19; • One or more individuals within the household demonstrate a risk of experiencing homelessness or housing instability; and • The total household's income (2020) does not exceed 80 percent of the Area Median Income (AMI). *** NOTE: As per federal regulation, this program prioritizes assistance to households with income less than 50%of the area median income and to households with one or more members that have been unemployed for at least 90 days. Priority Applicants Eligible households will be prioritized in the following order: • Households in active eviction status and at risk of homelessness • Households with income at or below 50 percent of the Area Median Income (AMI) • Households with an adult member who has been unemployed for more than 90 days. Page 328 of 973 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE - PROGRAM GUIDELINES Applications that meet eligibility criteria but do not receive prioritization will be processed in the order they are received, once current, prioritized applications have been reviewed. 2021 Income Category Chart 50% Area :11I edian Median Income Income 1 $30,000 $47,950 2 $34,250 $54,800 3 $38,550 $61,650 4 $42,800 68,500 5 $46,250 $74,000 6 $49,650 $79,500 7 $53,100 $84,950 8 $56,500 $90,450 Assistance The funding under this program will be used to make direct payments to landlords and/or utility providers on behalf of qualifying tenants. The payments: • Will cover an eligible tenant's documented past-due or future rent only for the period beginning March 13, 2020, to present and/or can cover three months' rent based on funds availability. • Cannot exceed 3 months of assistance based on the household's need to include past-due rent, future rent and utilities) with a cap of$4,500 per household if needed. • Utilities paid through this program include water and sewer, power and gas. • Other housing-related expenses include (on a case-by-case basis) relocation expenses and rental fees of displaced households and reasonable accrued late fees. • The program cannot duplicate assistance and will not help with rent or utility expenses that have been paid or will be paid/reimbursed by another program. • An applicant/household may only apply for assistance for months that have not already been paid by another source of funding. • If an eligible household receives a monthly federal subsidy (Housing Choice Voucher, Public Housing, or Project Based Rental Assistance) and the tenant's rent is adjusted according to changes in income, the household may receive assistance for the tenant's portion of the rent expense. • Assistance request will be processed on a first-come, first-ready, first-serve basis, with the exception of the noted priority, and based on funding availability. 2 Page 329 of 973 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE - PROGRAM GUIDELINES Eligible Expenses • Past-due rent and utilities. • Current and future rent and utilities. • Late fees. • Security and utility deposits, application fees, and screening fees (relocation expenses). Selection Criteria To qualify for the program, applicants must meet all of the following requirements: • Be a City of Boynton Beach resident (all property folios in the City of Boynton Beach begin with 08). • Have a household total income (2020) that does not exceed 80 percent of the Area Median Income (AMI). • Must be a U.S. citizen, permanent resident or granted legal status. • Must experience hardship due to loss or reduction of income related to COVID-19. • Must not have liquid assets or other sources of capital that can be used for rent. • Must not have received assistance from any other agency providing the same assistance for the same period. • The applicant or an adult member of the household must be experiencing housing instability that is related to COVID-19. • Must not have received assistance from any other agency providing the same assistance unless able to demonstrate continuous hardship. Required Documentation Applicants who meet the eligibility criteria above must provide the following documentation: 1) Completed application with copies of all of the required documentation as indicated on the application. Submission of an application does not guarantee the applicant will receive assistance. 2) A written statement signed by the applicant(s) describing financial hardship due to COVID-19 (loss of income, laid off, reduced hours, furloughed) Proof of COVID- 19 hardship). 3) Documentation showing: loss or reduction of income due to COVID-19, COVID related unemployment, or proof of hardship. 4) If self-employed, profit and loss statement and three (3) most recent bank statements are required. 5) Driver's license or photo identification card, and/or Passport, Resident/Green Card, Naturalization Certificate and social security cards for all persons over 8 years old residing in the household. 6) Birth certificates (with parent(s) or applicant's name listed), Passport, Resident/Green card, Naturalization Certificate, and Social Security cards for each current resident under 18 years old residing in the household. 7) Notice of collecting Social Security Numbers (if applicable). 8) Copy of eviction notice, notice to vacate, or eviction case information. 3 Page 330 of 973 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE - PROGRAM GUIDELINES 9) Signed Lease Agreement with not less than one-year term. 10) Past due rent notice. 11) Documentation evidencing unsafe living conditions (if applicable). 12) Evidence of risk of homelessness (if applicable). 13) Income documentation for all household members- must provide one or more of the following: 14) 2020 Tax return (IRS Form 1040) (if applicable). a) 2020 Tax Return b) Wage statement, Paycheck stubs, Pension, Retirement, Social Security, Child/Spousal Support. c) Determination letter from local, state, or federal government assistance program. d) Self-Certification of Annual Income (if applicable). e) Bank statements for three months prior to date of application that show wage payments (if applicable). f) Unemployment Statement (if applicable). g) Bank statements for three months prior to date of application that show wage payments (if applicable). h) Unemployed applicant's affidavit (if applicable). i) SNAP, TANF or Medicaid statement—approval letter dated within 60 days (2 months of application date. NOTE: Paystubs dated within 60 days (2 months) of date of application Each source of income will require associated documentation for verification For Utilities: • Current or past due utility bill or invoice from utility provider(s) that includes applicant name, tenant address, amount due, due date, utility provider name and address. • If applying for utility assistance only (not rent), applicant must also provide a current, signed lease agreement. Level of Assistance Eligible applicants/households will receive assistance for the following: • Past-due rent (rent arrears for up to 3 months of assistance with a cap of $4,500 per household. • Utility arrears plus current month utility expense if applicant provides current utility bill. • Applicants will be required to provide documentation to support their eligibility for assistance. • Assistance that covers more than one month must be consecutive. Applications will be accepted until funds are depleted. Incomplete applications will not be accepted. Payment Method 4 Page 331 of 973 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE - PROGRAM GUIDELINES • Rental assistance payments will be made directly to landlord. Utility payments will be made directly to utility providers. No Duplication of Benefits • Assistance provided for an eligible household may not duplicate any other assistance, including federal, state, and local assistance provided for the same costs. • An eligible household that occupies a federally subsidized residential or mixed-use property may receive assistance, provided that funds are not applied to costs that have been or will be reimbursed under any other federal assistance. • If an eligible household receives a monthly federal subsidy (e.g., a Housing Choice Voucher, Public Housing, or Project-Based Rental Assistance) and the tenant rent is adjusted according to changes in income,the renter household may receive assistance for the tenant-owed portion of rent or utilities that is not subsidized. Landlord Information Program preference is for the payment to be directed toward the landlord. However, property managers are all eligible recipients. An eligible landlords and tenant must satisfy the following criteria to be eligible to receive a COVID-19 Relief payment from the landlord: • Executed lease (signed by tenant and landlord) • Ledger or rent statement documenting past-due amounts and signed by landlord • Late Notice or Eviction Notice from landlord (if applicable) • Contact Information for landlord (Name, Phone Number, Email) • Landlord completed W-9 Utility Assistance Documentation Needed • Most recent utility bill showing past-due amounts (address must match) Current lease (Name, Phone Number, Email Address) Prior Assistance Verification • Applicants are required to provide information about any rent or utility payments previously received from a local, state, federal or non-profit program to cover the same months as those in the application for assistance. • Acceptable documents include award letters and/or copies of payments received for any prior rental/utility assistance. Approval Process Applications can be submitted directly from individuals or by other social service providers on behalf of their clients. When an application is received, staff will review it for completeness. The applicant will be notified should staff require additional information documentation to substantiate and provide adequate proof that the hardship is COVID-19 related. Once the processor feels that the application meets all the necessary guidelines, it will be forwarded to the directorfor consideration.The director will review each application to certify eligibility and grants 5 Page 332 of 973 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE - PROGRAM GUIDELINES approval or denial. If approval is granted the director will then process it for payment by preparing a check request to the CPA for payment to the landlord and/or utility company. Payments will be mailed directly to the utility company and landlord. However, property managers are eligible recipients. Landlords will be required to provide the following: • Business Address • Tax ID Number (EIN, SSN, ITIN, or ATIN) • W-9 Form • Legal Business Name • DUNS Number — Optional (to indicate that they are doing business with a Government Agency) • Contact information (name, address, email, phone, and fax for landlord and property manager If the CDCs financial assistance is inadequate and does not "cure" the applicants' housing issue and additional financial support is required, our trained staff will assist applicants in accessing other resources to achieve economic stabilization. Housing Counseling Services Housing Counseling Services will be provided to tenant households suffering negative financial impact from the COVID-19 pandemic. Housing counseling services are intended to assist in stabilization of tenant housing situations to prevent loss of residence and eviction. For those in need of the service, staff will provide the following: • Financial counseling and assistance with budgeting to bridge financial crisis. • Credit counseling to mitigate negative impact on credit score. • Assistance to tenant, as needed, by negotiating with landlord — Tenant/Landlord counseling. • Referrals to community resources to meet basic needs. • Credit building. Service Parameters: • Housing counseling services will be provided for up to three (3) months and shall be conducted one-on-one or in group sessions with client households, and maybe offered in-person, or remotely via telephone or via video conferencing software. • Counseling services shall be provided in no less than one (1) counseling session that is no less than two (2) hours in length. • Each client will be provided a written crisis budgeting plan, based on their specific household income and expenses. At a minimum, the plan should include guidance on how to reduce expenses, which would help them better afford and manage their existing debt. • Clients will receive a Certificate of Completion, including the name of the agency, client, and the date(s) the counseling services were provided. 6 Page 333 of 973 � o 0 J O O w Q a! QC R a 0 m 'c m 0 N a! R C7 U � 4 c of � 0,O O R y 'O W O LL CD CD Q O O O _ O M C') a U 0 V � 00 a T O O O ". O O O EC N oc O R a! 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Bax 10515 William Washington Riviera Beach, Florida 33419 Codified Public Accountant Phone: (661)703-5187 E-mail:billw h# co stmt EPENDE AUDITOR'S REPORT To the Beard of Directors Boynton Beach Faith Based Community Development Corp Report on the Financial Statements I have audited the accompanying financial statements of Boynton Beach Faith Based Community Development Corp("CDC")(a nonprofit organization),which comprise the statement of financial position as of December 31,2019,and the related statements of activities,functional expenses and cash flows for the year then ended,and the related nates to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America;this includes the design,implementation,and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement,whether due to fraud or error. Auditor's Responsibility My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States.Those standards require that I plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements.The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements,whether due to fraud or error.In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, I express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my audit opinion. 1 Page 340 of 973 Opinion In my opinion,the financial statements referred to above present fairly, in all material respects,the financial position of CDC as of December 31, 2019, and the changes in its net assets and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards,I have also issued my report dated August 31,2020,on my consideration of CDC's internal control over financial reporting and on my tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of my testing of internal control over financial reporting and compliance and the results of that testing,and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering CDC's internal control over financial reporting and compliance. Wdftam WaAAburtom of West Palm Beach, FL August 31,2020 2 Page 341 of 973 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION STATEMENT OF FINANCIAL POSITION DECEMBER 31, 2019 Without Donor ASSETS Restrictions Cash 293,027 Real estate held for sale 574,306 Grant receivable 28,553 Advances 25,104 Mortgage receivable 389,738 Real estate held for rental 849,156 Deposits 2,500 Total Assets $ 2,1621384 LIABILITIES Note payable $ 533,392 Accrued liabilities 2,550 Total liabilities 535,942 NET ASSETS Unrestricted 1,625,442 Total net assets 11626,442 Total Liabilities and Net Assets $ 21162,384 See accompanying notes to financial statements. Page 342 of 973 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION STATEMENT OF ACTIVITIES FOR THE YEAR ENDED DECEMBER 31, 2019 Without REVENUES AND CONTRIBUTIONS Donor Restrictions Grants 116,066 Rental income 103,393 Donations 90,000 Net realized gain on real estate 32,828 Program income 6,808 Total 3491095 TOTAL REVENUES AND CONTRIBUTIONS 349,095 Expenses Program Services 281,624 Supporting Services 129,136 Total Expenses 410,760 Change in Net Assets (61,665) Net Assets, Beginning of Year 1,688,107 Net Assets, End of Year $ 1,6261442 See accompanying notes to the financial statements. Page 343 of 973 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 20119 Without Donor OPERATING ACTIVITIES: Restrictions Change in Net Assets (61,665) Adjustment to Reconcile Increase in Net Assets to Net Cash Provided by ( Used in ) Operating Activities: Changes in Operating Assets and Liabilities: Real Estate Heid for Sale 346,970 Grant Receivables 10,524 Real Estate Held for Rental (849,156) Advances (25,104) Other (2,500) Accrued Expenses �2 fid Net Cash Provided by ( Used in Operating Activities (583,607) FINANCING ACTIVITIES: Note payable 391,392 Note payable payments (76,000) Net Cash Provided in (Used in ) Financing Activities 3151392 Increase ( Decrease ) in Cash (268,2.15) Cash at Beginning of Year 561,242 Cash at End of Year $ 293 027 . X Interest Paid $ 20,594 See accompanying notes to financial statements. Page 344 of 973 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED DECEMBER 31, 2019 PROGRAM SERVICES AUPP9ONG S98VICES Neighborhood Development Fund- Management Total and Stabilization raising &General expenses Salaries and Benefits $ 24,951 $ 99,806 $ 124,757 Professional Fees 28,400 7,100 35,500 Maintenance 24,366 24,366 Utilities 13,387 1,487 14,874 Consulting 29,297 7,324 36,621 Property Taxes 7,095 7,095 HOA Fees 6,404 6,404 Office Expense 3,434 858 4,292 Insurance 20,144 2,238 22,382 Internet 2,024 2,024 Interest 20,594 20,594 Travel 2,016 2,016 Program Expenses 47,540 47,540 Other 25,134 6,283 31,417 Depreciation 30,878 30,878 Total $ 281,624 $ - 129,136 $ 410,760 See accompanying notes to financial statements. 6 Page 345 of 973 OYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2019 NOTE 1 -SUMMARY OF SIGNIFICANT ACCOUNTING ACTIVITIES Nature of Activities Boynton Beach Faith Based Community Development Corporation(„the CDC`)is a nonprofit corporation organized to provide community service, youth programs, and improve the economic conditions of the Boynton Beach,Florida neighborhood through facilitating home ownership for moderate and low income families. The Corporation also provides social services to the neighborhood. Basis of Accounting The Financial Statements of the CDC have been prepared on the accrual basis of accounting and accordingly reflect all significant receivables, payables,and other liabilities. !Ise of Estimates The preparation of financial statements in conformity with generally accepted accounting principles include the use of estimates that affect the financial statements.Accordingly,actual results could differ from those estimates. Functional Classi r ' n_ofExpenses In the accompanying Statement of Activities,expenses have been reported by their functional classification, a method of grouping expenses according to the purpose for which they were incurred. The primary functional classifications are program services and supporting activities. Program services are the activities that result in services being provided to members that fulfill the purposes or mission for which the CDC exists. Supporting activities are all activities of an organization other than program services and are included in the financial ments as management and general expenses.,and are allocated based on time spent. grants Resources from Government grants are recorded as revenue when the related costs are incurred. All other grants, unless restricted are recorded as revenue when the grant is received. The CDC is dependent on continued financial assistance by federal and local government agencies.Contributions whose restrictions are met in the same reporting period is reported as unrestricted contributions. Concentration of Credit Tusk Financial instruments that subject the CDC to concentrations of credit risk include cash. While the CDC attempts to limit its financial exposure, its deposit balances may at times exceed federally insured limits.The CDC has not experienced any losses on such balances. 7 Page 346 of 973 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2019 NOTE I -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(Cont'd.) Contributed LServices *�_ The CDC does not recognize any support, revenue or expense from services contributed by volunteers, because they do not meet the criteria for measurement. Availability and Liquidity: Financial assets of cash $293,027, grant receivables $28,553 , financial assets available of$321,580 to meet expenses over next twelve months. incomgIaxStatus itatns The CDC is exempt from federal income tax as an organization described in Section 501 (c)(3) of the Internal Revenue Code. CDC believes it is no longer subject to examinations of returns for tax years ended December 31,2016.There are no examinations for any tax periods currently in progress. Contributions Contributions received are recorded as net assets without donor restrictions or net assets with donor restrictions depending on the existence and/or nature of any donor restrictions. Contributions that is restricted by the donor is reported as an increase in net assets without donor restrictions if the restriction expires in the reporting period in which the contribution is recognized,All other donor-restricted support is reported as an increase in net assets with donor restrictions, depending on the nature of the restriction. When a restriction expires(that is, when a stipulated time restriction ends or purpose restriction is accomplished), net assets with donor restrictions are reclassified to net assets without donor restrictions and reported in the Statement of Activities as net assets released from restrictions. The CDC has cash of$293,027, real estate held for sale or rental$1,423,462,and mortgage receivable of$389,738 at December 31,2019,which are recorded as net assets without donor restrictions, however,those assets must be used in compliance with the grant agreements. Real Estate Held for Sale The CDC has purchased and renovated certain properties held for sale to eligible home buyers. These properties are valued at lower of cost or fair market value. Fair market value is based on recent market sale prices. Pro pe ML4&d Eguip ent _ m__ Property and equipment are stated at cost less accumulated depreciation. Depreciation is being provided by use of the straight-line method over the estimated useful lives of the related assets as follows: Office equipment, 5 years life, 8 Page 347 of 973 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2019 NOTE 1 -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(Cont'd.) fair"Value Measurernnts The following fair value hierarchy measure fair value. Level l- unadjusted quoted prices. Level 2- Observable inputs. Level 3- significant unobservable inputs which are supported by tittle or no market activity.Level 2 include real estate held for sale. hair value is the price CDC would receive to sell an asset in an orderly transaction between participants at measurement date. The carrying value of all other assets and liabilities approximate fair value due to their short maturity. NOTE 2 -PROPERTY AND EQUIPMENT At December 31,2019,Property and Equipment consisted of the following.Office equipment,$18,349 less accumulated depreciation of$18,349. NOTE --MORTGAGE RECEIVABLE The CDC purchased real estate that will be renovated and sold to eligible home buyers as part of the neighborhood stabilization and improvement program. Proceeds from the homes that were sold during the year ended December 31,2019 are recorded in the financial statements.Net proceed from any sale must be used in compliance with the grant agreement. The CDC provided second mortgage financing which is an interest free deferred payment loan and the loan will be paid upon the sale of the property if sold short of the term of fifteen years from the closing date of the first mortgage or upon mortgagor's default. Mortgage receivable will be forgiven if the homeowner remains in the home the required period. NOTE: 4-LEASE OBLIGATION The CDC uses offices provided by the City of Boynton Beach in the neighborhood in which it operates,for a nominal fee of$12 per year.The market value of this space is not included in the financial statements. NOTE 5—Program Income Program income includes gross sales of real estate of$32,828,and rental income from real estate not sold of $103,393. The net gain on sale of real estate is reported in the statement of activities.The CDC is required to use program income in compliance with grant rules and regulations. 9 Page 348 of 973 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 20119 NOTE 6 ..CONTINGENCIES AND SUBSEQUENT EVENTS The Corporation receives financial assistance from federal,state,municipal and other kcal non-governmental agencies in the form of grants. The disbursement of funds received under this program generally requires compliance with the terms and conditions specified in the grant agreements and are subject to audit by the grantor agencies. Any disallowed claims resulting from audits could become a liability of the CDC. The date to which events occurring after December 31,2019,the date of the most recent statement of financial position,have been evaluated for possible adjustment to the financial statements is August,31,2020,which is the date the financial statements were available to be issued. Grants from governmental agencies totaled 33% of total revenue at December 31, 2019. As a result off COVID -19, economic uncertainties have risen though such potential impact is unknown at this time. Note 7-LINE OF CREDIT CDC obtained a revolving, line of credit to develop residential single family homes in low and moderate income communities in Boynton Beach, Florida. The terms are as follows: maximum principal amount of loan 51,000,000,interest rate of five and one quarter percent,maturity date of two years from the date of loan closing, security property of first mortgages on residential parcels and the improvements located thereon at scattered sites within the project, and repayment terms commencing on the last day of the month following the loan closing date, monthly payments of interest are due and payable on the last day of each month, with the principal balance of the l , if not sooner paid, together with any unpaid interest and fees, due and payable in full on the maturity date. Borrowings are outstanding at December 31,2019,of$533,392, Note 8—NEW ACCOUNTING]PRONOUNCEMENT On August 18,2016, FASB issued ASIC 2016-14,Not-for-Profit Entities(Topic 958)—Presentation of Financial Statements of Not-for-Profit Entities. The update addresses the complexity and understandability of net asset classification,deficiencies in information about liquidity and availability of resources,and the lack of consistency in the type of information provided about expenses and investment return. NOTE 9 ESTATE HELD FOR RENTAL At December 31, 2019, certain real estate held for sale was converted for rental property as part of its affordable homes program. The properties are depreciated over 27 Years, and accumulated depreciation of $30,878 10 Page 349 of 973 WWWW P O. Box 1015 William Washington Riviera Beach, Florida 33419 Ceriffled Public Accountant Phone: (561)703-5197 E-mail:billwashjr0comeastnet INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GO VERMVENTA VDITING STANDARDS To the Board of Directors Boynton Beach Faith Based Community Development Corporation Boynton Beach, Florida I have audited in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of Boynton Beach Faith Based Community Development Corporation("CDC")(a nonprofit organization),which comprise the statement of financial position as of December 31, 2019, and the related statements of activities, functional expenses and cash flows for the year then ended,and the related notes to the financial statements,and have issued my report thereon dated August 31, 2020. Internal Control over Financial Reporting In planning and performing my audit of the financial statements, I considered CDCs internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing my opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of CDC's internal control. Accordingly, I do not express an opinion on the effectiveness of the Organization's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions,to prevent,or detect and correct,, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness,yet important enough to merit attention by those charged with governance. My consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during my audit I did not identify any deficiencies in internal control that I consider to be material weaknesses.However,material weaknesses may exist that have not been identified. II Page 350 of 973 Compliance and Other Matters As part of obtaining reasonable assurance about whether CDCs financial statements are free from material misstatement,I performed tests of its compliance with certain provisions of laves,regulations,contracts,and grant agreements,noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of my audit,and accordingly,I do not express such an opinion.The results of my tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of my testing of internal control and compliance and the results of that testing,and not to provide an opinion on the effectiveness of the CDC's internal control or on compliance.This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the CMC's internal control and compliance. Accordingly, this communication i not suitable for any other purpose. WLULwn Watsltingaton, W La CFW` West Palm Beach, FL August 31, 2020 12 Page 351 of 973 INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. 0, BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: 65-0971509 DLN: 11053073775004 BOYNTON BEACH FAITH BASED COMMUNITY Contact Person: DEV CORP SANDRA MAK ID4 95023 PO BOX 337 Contact Telephone Number: BOYNTON BEACH, FL 33425-0000 (877) 829-5500 Public Charity Status: 170 (b) (1) (A) (vi) Dear Applicant: Our letter dated October 2000, stated you would be exempt from Federal income tax under section 501 (c) (3) of the Internal Revenue Code, and you would be treated as a public charity, rather than as a private foundation, during an advance ruling period. Based on the information you submitted, you are classified as a public charity under the Code section listed in the heading of this letter. Since your exempt status was not under consideration, you continue to be classified as i an organization exempt from Federal income tax under section 501 (c) (3) of the Code. Publication 557, Tax-Exempt Status for Your Organization, provides detailed information about your rights and responsibilities as an exempt organization. You may request a copy by calling the toll-free number for forms, (800) 829-3676. Information is also available on our Internet Web Site at www,irs.gov. i If you have general questions about exempt organizations, please call our toll-free number shown in the heading between 8:00 a.m. - 6:30 p.m. Eastern time. Please keep this letter in your permanent records. Sincerely yours, Lois G. Lerner Director, Exempt Organizations Rulings and Agreements Letter 1050 (DO/CG) Page 352 of 973 dbr/! �$�C Department or the`1'reasuly RS I11iernr1l Revi'llue ScE-Vice P:, O . Box 2508 In reply refer to : 0248574153 Cincinnati OH 45201 Apr . 13, 2011 LTR 4168C EO 65-0971509 000000 00 00017038 BODC : TE BOYNTON BEACH FAITH BASED COMMUNITY DEV CORP Y. COURTNEY C CAIN r PD BOX 337 BOYNTON BEACH FL 33425-0337 105420 Employer Identification Number : 65-0971509 Person to Contact : MS . JOCKERS Toll. Free Telephone plumber : 1-877-829-5500 Dear TAXPAYER : This is in response to your Apr . 04 , 2011 , request for information regarding your tax-exempt status . Our records indicate that you were recognized as exempt under section 501 (c) (3) of the Internal Revenue Code in a determination letter issued in OCTOBER 2000 . Our records also indicate that you are not a private foundation within the meaning of section 509 (a) of the Code because you are described in section (s) 509 (a) ( 1) and 170 (b) ( 1) (A) (vi) . Donors may deduct contributions to you as provided in section 170 of the Code . Bequests , legacies , devises , transfers , or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they ::beet the applicable provisions of sections 2055 , 2106 , and 2522 of the Code . Please refer to our website www. irs . gov/eo for information regarding filing requirements . Specifically, section 6033(3 ) of the Code provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of the filing due date of the third return for organizations required to file . We will publish a list of organizations whose tax-exempt status was revoked under section 6033 (,7 ) of the Code on our website beginning in early 2011 . Page 353 of 973 0248576153 Apr . 13, 2011 LTR 4168C EO 65-0971509 000000 00 00017039 BOY14TON BEACH FAITH BASET] COMMUNITY DEV CORP COURTNEY C CAIN PO BOX 337 BOYNTON BEACH EL 33425-0337 If you have any questions , please call us at the telephone number shown in the heading of this letter . Sincerely yours , S. A . Martin , Operations Manager Accounts Management Operations Page 354 of 973 �UQ�i! M �Y�/��f�•• •�MM�r� �•� t� •*iM�M�••�p M�p� pU i••Yq AVL IQs .. __ (�11riH.HS9Ifljl � �C 4 S ' 4m • ' , 04 S WWI Rc ©` 0� 0 MA ©IlE s ems. 44 , v S S L C. L �b #� SQA i - r • • �OC� ps oil - .fir y •. •- • i •� ��• ,' • � '� SOC •M.M i. ,p. © Up � ,RQ • p . pMUMcYM.• •wow a 6 X D v D TFSEPH ME SFJ GO AUG 24 PM 3: 17 LOCAL INITIATIVES SUPPORT CORP. LAKES ®LV® S7B 1aQt3 rt4LL�1r�.;� i:.� Tlr z` �-0 WA -1 555 PALM BEACH LAK � FL 334.01 2323' Vt T PALM BEACW Office Use Only CORPORATION NAME(S) & DOCUMENT NUMBER(S),(if known): Y. {3]ontiment } Cozporatian Warne) i 2. (Corporation ame) 3. (Document Y} (Corparakion Isame) 3 4. ocument N) Corporation Name) ® Walk in Pick up time ❑ Certified Copy Mail out Will wait ❑ Photocopy ® Certificate of Status E 1 AMENDMENTS NEW FILL - ❑ Profit ❑ Amendment ® Not for Profit ❑ Resignation of R.A., officer/Director ® Limited Liability ❑ Change of Registered Agent ❑ Dornestication 4 ❑ Dissolution/Withdra«ral L3 Other L] Merger I� J 1 REGISTRATION/ UALIF'ICA.TION OTHER FILINGS - Q Annual Report ® Foreign i ❑ Fictitious Name ® Limited Partnership ® Reinstatement Q Trademark ❑ Other Examiner's Initials CR2031(7/M Page 356 of 973 1 � 1 TRANSMITTAL LETTER Department of State Division of Corporations � C"P. O.Box 6327 Tallahassee,FL 32314 ^� :? tQ �3 py l SUBJECT., BoyNTQN_. BEACH FAIT'$ BASED COMMUNITY DBVELOPMENT CORP. -.... (Proposed c9rp r eo at name-must include suffix) 91300030 r s.1 9-----0 -12/21/99-01007-017 *****87.50 *****87.50 k 'f Enclosed is an original and one(1)copy of the articles of incorporation and a check for: - ❑ $70.00 ❑ $78.75 ❑$78.75 w $87.50 - Filing Fee Filing Fee& Filing Fee Filing Fee, Certificate of &Certified Copy Certified Copy Status &Certificate ADDMONAL COPY REQUIRED FROM: _ 1tji 1 1i .'war- - - Name(Printed or typed) 428 NW 3rd A'V'M. — - Address City,State&Zip — -5.6..1—8�?-{]�,�it, -- -• .. _. . _ . Daytime Telephone number NOW: Please provide the original and one copy of the articles. U - milli �� V ,L ,i S a r A s ARTICLES of INCORPORATION OF BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION We, the undersigned natural persons of the age of eighteen (1 S) years or more, at the State of Florida, acting as:Incorporators of a least two (2) of whom are citizens of Corp under the Florida Non-Profiit Corporation .Act, do hereby adopt the following Articles of Incorporation for such corporation: 1. Name: The name of the corporation is Boynton Beach Faith Based �mnnity Development Corporation. 2. Non-Profit Corporation. The corporation is a non profit-corporation. - 01 -V 0- on is said to have perpetual existence. 3. Duration: The corporati . N N corporation is organized is to: 4. Purposes: The purpose for which Promote the financial revitalization of the community through business and real estate ownership, provision of services, home ownership and improvement, unification of residents,resistance to gentrification. Develop and sustain partnerships with various groups and agencies in the Boynton Beach Target Neighborhood in order to ensure that development is streamlined and resources are put to the most efficient use. • Increase homeownership opportunities in Boynton Beach. Reduce the number of vacant lots in the neighborhood and thereby reduce spot blight and crime. Improve and increase the delivery of social services to the neighborhood. The Boynton Beach Target Neighborhood is that geographical area located in the City of Boynton Beach, Florida, that is delineated by NE & NW dth Avenues to the South, NE & NW 13th Avenues to the North, interstate 95 to the West and the FEC - Railroad to the East. The foregoing statement of purposes shall be construed as a statement of both purpose and powers, and the purpose and powers stated in each clause shall, except where otherwise expressed, be in no way limited or restricted by any reference to or inference from the terms or provisions of any other clauses, but shall be regarded as independent purposes and powers. Notwithstanding any other provisions of these Articles of Incorporation, the corporation shall not conduct or carry on any activities not permitted to be conducted or carried on by an organization exempt from taxation under Section 501 (c) (3) of the Yntemal Revenue Code and its regulations as they now exist or as they may be hereafter be amended, or by an organization, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code and Regulations as they now exist or as they may hereafter be amended. This corporation is organized pursuant to the Florida Non-Profit Corporation .Act, and does not contemplate pecuniary gain or profit to the members thereof and is organized for non-profit purposes. 5. Registered Office: The initial registered office of the company shall be 428 NW 3`1 Avenue in Boynton Beach, FL 33435 in the County of Palm Beach. 6. Registered Agent: The registered agent of the company shall be Willie Ward. - 7. Limitation of powers: No part of the net earnings of the corporation shall inure to the benefit of or be distributed to its members, trustees, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article 4 hereof. No part of the activities of the corporation shall be to participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these Articles, the corporation shall not carry on any other activities not permitted to be carried on (1) by a corporation exempt from Federal Income Tax under Section 501 (c) (3) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law); or (2) by a corporation, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law). 8. Dissolution: Upon the dissolution of the corporation, the Board of Trustees shall, after paying or making provisions for the payment of all the liabilities and obligations of the corporation, dispose of any and all of the assets of the corporation exclusively 3 for charitable, educational, or scientific purposes as shall at the time qualify as an i exempt organization or organizations under Section 501 (c) (3) of the Internal Revenue Service of 1954 (or the corresponding provision of any future United States Internal Revenue Law) as the Board of Trustees shall determine. Any such assets not so disposed of shall disposed of by the Court having jurisdiction in the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization, as said Court shall determine, which are organized and operated exclusively for such purpose. 2 Board of Trustees: The number of trustees constituting the organizing Board of Trustees of the corporation is seven (7), and they shall serve in this capacity only until a full. Board of"Trustees has been installed in accordance with the by-laws. The names and addresses of the persons who are to serve as the organizing trustees are: lyame• Address: . . Courtney Cain 1900 NE 2nd Lane, Boynton Beach, FL 33435 Victor Marshall 380 NW 13 Avenue Boynton Beach, FL Samuel Kendrick 181 NE 19`h Avenue Boynton Beach, FL 33435 Jeanette Cain 1900 NE 2° Lane, Boynton Beach, FL 33435 i Elizabeth Jenkins 711 NW Is' Street Boynton Beach, FL 33435 Debra Marshall 380 NW 13 Avenue Boynton Beach, FL Willie Ward 428 NW 3"d Avenue Boynton Beach, FL 33435 1.0• By-Laws: The by-laws of the corporation shall be adopted by its Board of Trustees. The power to alter, amend or repeal the by-laws or to adopt new by-laws shall be vested in the Board of Trustees. 11. Incorporators: The names and addresses of each incorporator is: Name: ..Addrew . i Courtney Cain 1900 NE Td Lane, Boynton Beach, FL 33435 Victor Marshall 380 Nom' 13 Avenue Boynton Beach, FL — 3 .Samuel Kendrick 181 NE 19"' Avenue Boynton Beach, FL 33435 - Elizabeth Jenkins 711 NW I't Street Boynton Beach, FL 33435 _ Willie Ward 428 NW 3rd Avenue Boynton Beach, FL 33435 12.PrinciEpal Place of Business; The principal place of business of the corporation - shall be 428 NW 3d Avenue, Boynton Beach, FL 33435 in the County of Paha Beach. IN WITNESS WEE REOF, we the undersigned incorporators have hereto set our hands on this 15`h day of December 1999. Courtney Cain )AP4, AA0 actor Marshall VV Willie Ward 4=uge l Ken rick .- Eliz eth Jenkins l STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE me, the undersigned authority, personally appeared before me Courtney Cain, Victor Marshall, Willie Ward, Samuel Kendrick and Elizabeth Jenkins on December 15,1999, who are personally known by me, and who subscribed j the above Articles of Incorporation, and they did freely and voluntarily acknowledge before me according to law that they made and subscribed the same for the uses and purposes therein mentioned. 4 IN WITNESS WBEREOF,Z HAVE HEREUNTO SET MY HAND AND OFFIML SEAL at Boynton Beach in the State of Florida on this 15th day of December, 1999 Chris Plummer Notary Public LiyW- AIssIM#CCW788IXPMEs State of Florida My commission expifes: I lZe-0l Having been named as registered agent and to accept service of process for the above stated corporation at the place designated in these articles, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with all statutes relating to the proper and complete performance of my duties, and am familiar with and accept the obligations of my position as registered agent. Registered Agent: Willie Ward Date -_ j i I I I �I i I 5 Page 362 of 973 ARTICLES OF AMENDMENT F I to 00 AUG 24 Pik 3: 17 ARTICLES OF INCORPORATION.----_. ,. 6 CA i v;�LLAr �:'�:;5EE,1~L 0 R 1D A of Boynton Beach Faith Based Community Development Co oir rp ation-------------- " _ Pursuant to the provisions of section 517.1006, Florida Statutes, the undersigned Florida nonprofit corporation: adopts the following articles of amendment to its articles of incorporation. i FIRST: Amendment(s) adapted: (INDICATE ARTICLE NUMBER(S)BEING AMENDED, ADDED OR DELETED) i See Attached. 3 SECOND: The date of adoption of the amendment(s)was: THIRD: Adoption of Amendment(CHECK ONE) The amendment(s) was(were) adopted by the members and the number of votes cast for the amendment was sufficient for approval. i There are no members or members entitled to vote on the amendment. The amendment(s)was(Nvere) adopted by the board of directors. Bo ton Beach Faith Based Community Develoment Corporation T_ Corporation Name - Signature of Chairman,Vice Chairman,President or other officer Courtney Cain -. Typed or printed name 3_d o - Title Date i I Page 363 of 973 AMENDMENT TO ARTICLES OF INCOUPOR.ATION ---.- Boynton Beach Faith Based Community Development Corporation [X] Article 7 - Said corporation is organized exclusively for charitable, educational, religious or scientific purposes, within the meaning of section 501(c) (3) of the internal Revenue Code (or corresponding section of any future federal tax code.) No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to its trustees, directors, officers or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of Sectiori 501 (c) (3) purposes. No substantial part the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these articles, the Boynton Beach Faith Based Community Development Corporation shall not carry on any other activities not permitted to be carried on(a) by a corporation exempt from federal income tax under Section 501(c) (3) of the Internal Revenue Code (or corresponding section of any future federal tax code) or (b) by a corporation, contributions to which are deductible under Section 170 (c) (2) of the Internal j Revenue Code (or corresponding section of any future federal code). T I i I I I Page 364 of 973 v v y V y V LL N N 00 00 i N i W N N W Z C fy0 fy0 N C Q N Q a N v � � 0 v z ° z 5.~ 0=0 007 w w u C0 c c LL LL N cW G � a v v v v v U v W N N N Z N N C N Z LL LL O O a V O a w a m O C LU 0 z OO O O O O O N O a N Z Z Z } Z Z } Z W co p W } I- `J 0 LL O O z ON N N N N N N N LIQ } LL O O O ON O O O O Z H co F- m m N m m m m N X N N N N LLr) loo r, C } W W C Y �U LL 0O z LU W m 2 O (0 (0 (0 (0 (0 (0 (0 (0 m Wc O > > > > > > > > S C W W m m rn Lr) rn �o 00 r, � F 0 J ~ Q � LL 0 v m y v o Z O v v v V a v v v o O O F- (n -(3 -(3 -(3 > 'y V y z O f0 f0} f0 0f0 0f0 0 Nf0 v7 Q O O O O m w o V N m 0 o t > O y O C N L ._ 0 U f0 L E _0 C +L-+ 00 -se L 0 W > m w O w 0 u ( O 0 O 7 i C O N 7 N E O v m m > w (D — N m U L U m N } O Y 2 _ Q Keturah T. Joseph 846 Gazetta Way,West Palm Beach,FL 33413 Home Phone: (561)228-1143 Cell: (561)309-8084 Email:kjosephl6Agmail.com Professional Profile ■ Over 26 years of management experience within diverse environments ■ Seasoned affordable housing professional ■ Over 23 years of experience in developing, planning, implementing and directing housing and community development programs ■ Over 21 years of real estate sales experience ■ In-depth knowledge of federal regulations of CDBG, HOME, NSP and State (SHIP) housing programs ■ Able to effectively and positively deal with government officials as well as private clients and consultants ■ Sound knowledge of mortgage lending criteria and experience in credit analysis, and underwriting ■ Responsible for development and monitoring over$12 million annual budget ■ Solution-focused and results driven with prove ability to meet programmatic and budgetary requirements ■ Strong leadership, organizational and communication skills PROFESSIONAL EXPERIENCE 2008 -Present Executive Director Boynton Beach, FL Boynton Beach Faith Based Community Development Corp Position entails managing every aspect of the operations of two non-profit community development organizations. Provide project planning and real estate development assistance with a primary focus on community redevelopment in low and moderate income neighborhoods. Developed, launched and manage the City of Boynton's NSP program that involves property analysis and acquisition, rehabilitation and resale. Oversees the agency's first-time home buyers program. Licensed Real Estate Sales Agent West Palm Beach, FL 20 +years of real estate sales and development experience, including contract negotiations. Interact with sellers, lending professionals, attorneys and appraisers to negotiate real estate sales. Facilitate total sales process from inception to closing providing continual follow up to all parties to ensure timely closings. 1999 -2008 Manager Palm Beach County Department of Housing & Community Dev. West Palm Beach, FL Managed the County's Affordable Housing programs that assisted over 200 families annually. Responsibilities included development, coordination and implementation of all affordable housing programs and policies.Administered State $10 million SHIP, and Federal HOME $3 million housing program funding. Served as resource person to for-profit and non-profit housing developers, public housing authorities and other non-profit organizations. Reviewed all funding requests, recommended funding approval or denial. Served as compliance manager ensuring conformity with state, federal and county regulations. Acted as liaison with auditors, monitors and other regulatory agencies. Supervised staff of 15. Page 366 of 973 Keturah T. Joseph Professional Experience Page Two 1998-1999 Program Manager Lake Worth, FL Lake Worth Community Development Corporation Developed, directed and managed the agency's affordable housing program. Provided technical assistance to applicants, conducted homebuyers workshops, reviewed clients' application to determine program eligibility credit worthiness. Identified, evaluated, negotiated and recommend vacant land for purchase. Worked with lending agencies to secure public and private mortgage funding for applicants. 1997-1998 Residential Lending Consultant West Palm Beach, FL Community Financing Consortium Developed relationships with clients, housing officials, real estate professionals and community partners to cultivate new business opportunities and maintain productive relationships. Reviewed clients' financial documents, budget and credit to determine credit worthiness. Negotiated, originated and structured loans. Interacted with community partners to induce and increase productivity. 1995-1998 Area Director South Bay, FL Centro Campesino Farmworker Center, Inc. Managed the day to day operation of the Glades area office. Duties included site acquisition, construction supervision and management, contract negotiation and financing of the agency's affordable housing program in a tri-city area. Created special partnerships with financial institutions, community development corporations and government agencies to provide reduced cost mortgage loans and subordinate debt and equity to non-traditional home buyers. Ensured compliance with grant program funding. Supervised all housing program staff. 1990-1995 Program Director Belle Glade, FL NOAH Development Corporation Managed every aspect of the organization that included all management decisions, program development and implementation, developed operational budget and overall operations. Managed staff of 21. EDUCATION Pursuing dual MBA and MPA degrees at Nova South Eastern University, Ft Lauderdale, Florida Bachelor of Business Administration Florida Atlantic University, Boca Raton Florida Gold Coast School of Real Estate, Licensed Real Estate Agent References furnished upon request Page 367 of 973 BOCA BUILDER'S OF BREVARD CONSULTANTS,INC. NONPROFIT CONSULTANTS 8844 A MARGE COURT BOYNTON BEACH,FLORIDA 33444 (561)386-4261 SHERRYCCC@AOL.COM BIO-DATA SHERRY JOHNSON,EXECUTIVE DIRECTOR EDUCATIONAL BACKGROUND WESTERN MICHIGAN UNIVERSITY SECONDARY EDUCATION-MAJOR IN MATH AND HISTORY EARLY CHILDHOOD DEVELOPMENT IN LITERATURE AND PHYSICAL EDUCATION BROWARD COMMUNITY COLLEGE PRINCIPALS OF ACCOUNTING I&II PRINCIPALS OF BANKING CASH MANAGEMENT STATE OF FLORIDA CERTIFIED BUILDING CONTRACTOR HOUSING AND URBAN DEVELOPMENT CERTIFIED HUD HOUSING COUNSELOR NATIONAL CENTER FOR NEIGHBORHOOD DEVELOPMENT CERTIFICATE IN LEADERSHIP DEVELOPMENT FOR NOT-FOR-PROFIT COMMUNITY DEVELOPMENT CORPORATIONS EMPLOYMENT HISTORY 1998-CURRENT EXECUTIVE DIRECTOR -COMMUNITY CARING CENTER OF BOYNTON BEACH,INC. 2001-2003 PROPERTY ACQUISITION SPECIALIST TO THE CITY OF BOYNTON BEACH 2001-2002 PROPERTY ACQUISITION SPECIALIST TO WEST PALM BEACH HOUSING AUTHORITY 1992- 1997 AFFORDABLE HOUSING CONSULTANT PROVIDING TRAINING AND TECHNICAL ASSISTANCE TO THE FOLLOWING: 1974-1991 CONSTRUCTION INDUSTRY CONSULTANT FOR LOCAL INITIATIVES SUPPORT CORPORATION, (°LISW"), A 501(C)(3) NATIONAL ORGANIZATION ESTABLISHED TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE ON A LOCAL BASIS TO COMMUNITY,AS WELL AS,FAITH BASED ORGANIZATION,PROVIDING TECHNICAL ASSISTANT TO NORTHWOOD COMMUNITY DEVELOPMENT CORPORATION AND NORTHWEST RIVIERA BEACH COMMUNITY REDEVELOPMENT CORPORATION. BOARD DEVELOPMENT AND PRE-QUALIFICATION TRAINING FOR NON-PROFIT,COMMUNITY BASED CORPORATIONS SUPERVISION OF AMERICORPS VOLUNTEER EDUCATIONAL PROGRAMS FOR I ST TIME HOME BUYERS FAMILY BUDGETING HOME MAINTENANCE&REPAIR PRE&POST PURCHASE COUNSELING HURRICANE PREPAREDNESS HOMESTEAD EXEMPTION Page 368 of 973 BOCA BUILDING OF BREVARD,CONSULTANTS,INC. TECHNICAL ASSISTANCE TO NEIGHBORHOOD ASSOCIATION BOARD TRAINING AND EMPOWERMENT GRANT WRITING FEDERAL GRANTS-COMMUNITY DEVELOPMENT BLOCK GRANTS,(CDBG) STATE OF FLORIDA GRANTS, HOME, SHIP, HAP, DEPARTMENT OF COMMUNITY AFFAIRS PLANNING AND ADMINISTRATIVE GRANTS,FLORIDA HOUSING FINANCE AGENCY PALM BEACH COUNTY GRANTS-COMMISSION ON AFFORDABLE HOUSING INSTITUTIONAL GRANTS-FEDERAL HOME LOAN BANK OF ATLANTA,COMMUNITY INITIATIVE CHASE MANHATTAN COMPETITIVE,VARIOUS LENDERS IN PALM BEACH COUNTY,MAXWELL AWARD OF EXCELLENCE,GREAT WESTERN COMPETITIVE GRANTS FOUNDATION GRANTS-LATTNER FOUNDATION,MCARTHUR FOUNDATION COMMUNITY FOUNDATION OF PB&MARTIN COUNTIES,DODGE FOUNDATION,B.ANKATL.ANTIC FOUNDATION,FANNIEMAE FOUNDATION CONSULTANT TO THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA"), A QUASI- GOVERNMENTAL AGENCY ESTABLISHED BY THE STATE OF FLORIDA, WORKING IN CONJUNCTION WITH THE CITY OF DELRAY TO PROMOTE ECONOMIC DEVELOPMENT IN BOTH COMMERCIAL .AND RESIDENTIAL MARKETS,PROVIDING TECHNICAL ASSISTANCE IN THE FOLLOWING AREAS: ESTABLISHING GUIDELINES,POLICY AND PROCEDURES,WRITING AND ADMINISTRATION OF AFFORDABLE HOUSING PROGRAMS CONSISTING OF THE CRA 2ND MORTGAGE PROGRAMS, AND THE DELRAY BEACH RENAISSANCE PROGRAM COMMERCIAL AND RESIDENTIAL LAND ACQUISITION AND ASSEMBLAGE FOR REDEVELOPMENT IN AREAS TARGETED FOR REVITALIZATION,INCLUDING REQUEST FOR PROPOSAL,AND REQUEST FOR QUALIFICATION ACCOUNTABILITY FOR ECONOMIC IMPACT REGARDING RESIDENTIAL DEVELOPMENT GRANT WRITING CONSULTANT TO THE CENTER FOR TECHNOLOGY, ENTERPRISE & DEVELOPMENT, INC. , (THE "TED CENTER"),A 501(C)(3)NOT-FOR-PROFIT,COMMUNITY DEVELOPMENT CORPORATION ESTABLISHED TO PROVIDE"AFFORDABLE HOUSING"TO FIRST TIME HOME BUYERS AND CREATE A"BUSINESS INCUBATOR"FOR SOCIALLY AND ECONOMICALLY DISADVANTAGED SMALL BUSINESSES. ADMINISTRATION,FISCAL ACCOUNTABILITY PERTAINING TO THE ESTABLISHMENT OF POLICIES AND PROCEDURES FOR CASH MANAGEMENT,AUDIT REQUIREMENT,BUDGET PREPARATION,ETC. PROGRAM DEVELOPMENT FOR IN-FILL HOUSING PROGRAM-INCLUDING ESTABLISHMENT OF ALL EDUCATIONAL PROGRAMS,STANDARDIZATION OF SPECIFICATIONS PERTAINING TO AFFORDABLE HOUSING, BUILDING QUALIFICATIONS AND SELECTIONS. CREATION OF A"NEIGHBORHOOD ASSOCIATION"FOR THE EMPOWERMENT OF CITIZENRY,CREATING .ARTICLES OF INCORPORATION,BY-LAWS,BOARD DEVELOPMENT&TRAINING INCLUDING PARTICIPATION, FOR EDUCATIONAL PURPOSES,IN VARIOUS TO`VN MEETINGS,PLANNING&ZONING MEETINGS,CDBG REVIEW PROCESS AND IN-PUT,COMMISSION MEETINGS,CRIME WATCH AND COMMUNITY POLICING ACTIVITIES. 2 Page 369 of 973 BOCA BUILDING OF BREVARD,CONSULTANTS,INC. GRANT WRITING FOR ADMINISTRATION AND PROJECT SPECIFIC FUNDING FUND RAISING INCLUDING GALA'S,SPONSORSHIPS FOR COMMUNITY ACTIVITIES,ETC. PRESENTATIONS TO CIVIC,INSTITUTIONAL,AND GOVERNMENTAL ORGANIZATIONS REGARDING PROGRAMS&PROJECTS 1985-1992 BUILDING CONTRACTOR PROVIDING RESIDENTIAL CONSTRUCTION FOR DEVELOPERS IN FRENCHMAN'S CREEK,ST.ANDREW'S COUNTRY CLUB,BOCA GROVE,AND WELLINGTON'S EQUESTRIAN CLUB. ACCOMPLISHMENTS SINCE JULY OF 1993 PROVIDED 210 SINGLE FAMILY HOMES UNDER THE PALM BEACH COUNTY'S "RESTORING OUR NEIGHBORHOOD", HARDSHIP "A" AND "B," AND H.O.M.E. PROGRAMS, THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY'S "SECOND MORTGAGE PROGRAM," THE BROWARD COUNTY MINORITY BUSINESS COUNCIL'S PROGRAM,AND THE DELRAY BEACH RENAISSANCE PROGRAM. SUCCESSFUL GRANT WRITING FROM THE FLORIDA HOUSING FINANCE AGENCY, COMMISSION ON AFFORDABLE HOUSING,AS WELL AS,MANY FOUNDATIONS AND LENDING INSTITUTIONS. SERVED AS CONSTRUCTION CHAIR IN THE FORMING OF THE BOCA/DELRAY HABITAT FOR HUMANITY AFFILIATE AND COORDINATED THREE CONSTRUCTION PROJECTS IN DELRAY BEACH. STATISTICAL ANALYSIS ON THE MORTALILTY RATE OF ALS PATIENTS UNDER TREATMENT WITH LOCAL REASEARCH FIRM,PUBLISHED IN THE AMERICAN MEDICAL SOCIETY'S JOURNAL,JAMA. WROTE AND PUBLISHED A DOCUMENT ON THE "MCGHEE CONCEPT" ENTITLED "A COMPREHENSIVE APPROACH TO COMMUNITY REVITALIZATION" WHICH CAPTURED THE VISION OF THE LATE SAMUEL D. MCGHEE, EXECUTIVE DIRECTOR OF THE T.E.D. CENTER, INC. OBTAINED UNITED NATIONS ACCREDITATION FOR HABITAT II AND PRESENTED CONCEPT AT THE FOLLOWING FORUMS: THE 112ND NATIONAL CONFERENCE ON URBAN ISSUES" HELD AT NEW YORK STATE COLLEGE IN BUFFALO,NEW YORK THE 1113TH ANNUAL PAN-AFRICAN CONFERENCE " HELD AT THE NORTHERN KENTUCKY UNIVERSITY THE"MIAMI FORUM"HELD BY THE MARTIN LUTHER KING CENTER IN MIAMI,FLORIDA THE 112ND NATIONAL CONFERENCE ON URBAN ISSUES" HELD BY FLORIDA INTERNATIONAL UNIVERSITY THE UNITED NATIONS"HABITAT II,SECOND CONFERENCE ON HUMAN SETTLEMENTS"HELD IN ISTANBUL IN.TUNE, 1996 MEMBERSHIP AND SERVICE ON THE FOLLOWING: CITY OF BOYNTON BEACH AFFORDABLE HOUSING STEERING COMMITTEE MEMBER OF PALM BEACH COUNTY FOOD ALLIANCE PALM BEACH COUNTY AFFORDABLE HOUSING COLLABORATIVE,A UNITED WAY PROJECT FORMERLY MEMBER OF -FLORIDA HOUSING FINANCE AGENCY PALM BEACH COUNTY WEED AND SEED PROGRAM PALM BEACH COUNTY'S LONG TERM RECOVERY COMMITTEE CITY OF DELRAY BEACH'S AFFORDABLE HOUSING ADVISORY BOARD 3 Page 370 of 973 GLORIA GOOLSBY (518) 779-5409 Boynton Beach, FL 33435 SUMMARY OF QUALIFICATIONS 15+years in Human Resource,Administration &Management arenas, earning title "student of learning everything possible." • Dedicated in leading cross-functional teams. • Proven ability to lead cross-functional teams effectively. • More than 20 years of human services experience. • Expert at independent living and facilitation. • Over 15 years of supervisory experience. • Top-notch technical skills in computer software applications. •Adept at client relations and diverse group interaction. • Effective in grant writing, contract management and protocol. PROFESSIONAL EXPERIENCE Boynton Beach CDC—Boynton Beach, FL Pres. Project Director Responsible for community outreach and coordination of program/event activities. Providing case management services to supportive housing residents. Develop timelines for the completion of certain milestones for various projects. Maintaining client database and reporting documents for ongoing activities. Conducting assessments for individuals and their families for entitlements such as food stamps, health insurance and housing to ensure basic needs are being met. Coordinating with community partners for resources and/or community outreach activities. Jerome Golden Center for Behavioral Health—West Palm Beach, FL 2010-2019 Individual Case Manager Responsible for managing a caseload of 40 clients living with severe MH/SA/HIV&AIDS and other issues. Performing thorough assessment of needs to build resiliency, facilitate recovery and achieve reintegration into the community. Administer psychosocial assessments and create service plans with clients to determine progress toward established goals. Advocate and monitor clients residing in supportive housing to ensure successful long-term resiliency in community settings. Responsible for mandated reporting for abuse of clients and their family members as applicable. Maintain certified electronic records and reports in TIER database. Coordinate and advocate on behalf of clients and agencies as needed.Appointed to client Quality Assurance Team. Capital District African American Coalition on AIDS(CDAACA)—Albany, NY 2007-2009 Program Coordinator Supervised workflow and quality control of program coordinators, interns and volunteers. Coordinated and facilitated trainings to educate the community at large and peers at risk or living with HIV and AIDS. Managed cases, performed assessments, identified interests and motivated peers to act on them.Organized and directed program activities and projects. Maintained records and created progress reports. Made qualitative and quantitative budget analysis in the administration of contracts. Developed improved methods and policies for program and finance departments. Nutrition Consortium of New York State-Albany, NY 2003-2007 Contract Coordinator Supervised and managed contracts for 22 community-based organizations within 25 counties,who receive funding for outreach of the federal food stamp, summer food and school breakfast and lunch programs. Coordinated and negotiated the successful development and implementation of budgets,work and outreach plans. Provided technical assistance,training and development to provider agencies and their staff. Conducted audits, review and resolve of budget modification and contract amendments to ensure compliance with related regulations. Created work plan grid to measure annual progress of each organizations' outreach activities that was implemented and increased overall productivity by 42%. Developed presentations, marketing strategies, and monitored outreach activities of the program within each agency.Processed and performed contract closeout actions. EDUCATION CERTIFICATIONS State University of New York at Empire State College-Albany, NY • Behavioral Health Case Manager, Certified • Bachelor of Science,Community and Human Services • CPR • Associate in Science, Interdisciplinary Studies • Notary PROFESSIONAL DEVELOPMENT Ongoing professional development trainings: • SSI/SSDI Outreach,Access &Recovery(SOAR) • Security Awareness • Civil Rights • HIV/AIDS Education and Outreach • Domestic Violence • Homelessness(COC) • Service Delivery for the Deaf or Hard of Hearing • HIPAA • Suicide Risk Assessment • Mental Health/Dual Diagnosed • Customer Service • Substance Abuse References supplied upon request. Page 371 of 973 Boynton Beach Faith Based Community Dei. Coro. Application for Rental Assistanco Today's Date: 1 1 Are you homeless? ❑Yes ❑No. How may we help you? Please give a brief description of the service(s)you are requesting: smit Hers I } Last Name First Name Date of Birth Phone No. Home Address City State Zip Code Employer Name Occupation Phone No. Email Address ( ) Emergency Contact Relationship Contact Phone No. Please check one or more of the appropriate boxes to indicate your response for statistical purposes only. Race: ❑African American or Black ❑White ❑American Indian or Alaskan ❑Naative Hawaiian/Pacific Islander []Other Ethnicity: ❑Hispanic Origin Gender: ❑Male ❑Female ❑Other Citizenship: U.S.Citizen? ❑Yes ❑No. K no,Birthplace Green Card# Received Date:_I I Expiration Date:_!1 Veteran? ❑Yes ❑No Marital Status: ❑Marded ❑Single 0 Divorced ❑Separated ❑Widowed MONTHLY INCOME: $ Income Type: ❑Unemployment ❑Employment ❑Disabled/Physical Health ❑Disabled/Mental Health Benefits ❑SSI l SSA$ ❑Unemployment$ ❑Child Support$ ❑Alimony$ Received: ❑Food Stamps$ ❑DCF Cash$ ❑WIC$ ❑Other$ Health Insurance: ❑Medicaid ❑Medicare ❑None ❑Other If unemployed,what was your position in your last job? How long? Other Family Members Relationship DOB Gender School Attending SELF ELIGIBLE EXPENSES: Past-Due Rent • Current and future rent and utilities Late Fees • Relocation expenses: Security and utility deposits,application fees and screening fees INFORMED CONSENT: By signing this application,I agree to take part in the programs,activities and/or services provided Boynton Beach CDC. I also understand and agree that all information,conversations,records,test results,and any other materials related to my participation is confidential and will not be released to any other organization or individua€without my permission,EXCEPT 9 it contains evidence of current or potential child abuse or neglect;contains evidence of potential harm to others,or me;andlor required as evidence in a court case. Signature Team Member Signature 2191 N Seacrest Blvd.—Boynton Beach,FL 33435 Page 372 of 973 Boynton Beach Faith Based Community Dei. Corp. Application for Rental Assistance Documentation List The following documents are acceptable for each Resident app in for assistance Application Must have all required documents attached. Financial Hardship written statement signed by the applicant(s)describing financial hardship due to .Letter COVID-19 (e.g. loss of income, laid off, reduced work hours, furloughed, proof of COVID-19 hardship, unemployment) Iricome`. Employment(3 months of bank statements that show wage payments), Unemployment, Social Security(award letter), alimony, rental income, child or spousal support,etc. Self-Employment Profit and Loss Statement and three (3)bank statements. Identification Driver License, State issued ID, Passport, Green Card, Naturalization Certificate, Birth Certificate and Social Security Card. Housing Notice of Eviction, Notice to Vacate or Case Information; Notice of Past-Due Rent, Lease Agreement(not less than one-year term), Proof of Unsafe Living Conditions. State.Benerits Approval letter(within 60 days of application date)for SNAP, TANF and Medicaid. lJtilres Current and past-due bill or invoice, along with signed lease. NOTE: All past-due payments will be made directly to the landlord and utility vendor. REV_JUU021 Renal A�m ApplxaAoado Page 373 of 973 BOYNTON BEACH CDC No EMERGENCY RENTAL ASSISTANCE PROGRAM DOCUMENTATION OF FINANCIAL HARDSHIP This form may be completed by one or more individuals within the household in order to demonstrate the household has experienced a reduction in household income, incurred significant costs,or experienced other financial hardship due, directly or indirectly,to COVID-19. Documentation that one or more individuals within the household has qualified for unemployment benefits may be submitted in lieu of this form. First Name Last Name MI Street Address Apt No. city State Zip Check the box(es)that applies to your circumstances: ❑ I hereby certify that one or more individuals within my household have experienced a reduction in household income. Describe the reduction in household income experienced (be specific): ❑ I hereby certify that one or more individuals within my household incurred significant costs. Describe the significant costs incurred (be specific): ❑ I hereby certify that one or more individuals within my household experienced other financial hardship due, directly or indirectly,to COVID-19. Describe the financial hardship experienced (be specific): Page 374 of 973 Under penalty of perjury, I attest that the information presented in this written attestation is true and accurate to the best of my knowledge. I further understand that providing false representations constitutes an act of fraud. False, misleading,or incomplete information may result in my obligation to repay any funds received through the Emergency Rental Assistance Program and/or other penalties or remedies available under applicable law. Signature Date False Claim Statement.warning: U.S.Code,Title 31,Section 3729,False Claims,provides a civil penalty of not less than$5,000 and not more than $10,000, plus 3 times the amount of damages for any person who knowingly presents, or causes to be presented,a false or fraudulent claim;or who knowingly makes,or caused to be used,a false record or statement;or conspires to defraud the Government by getting a false or fraudulent claim allowed or paid. 2 Page 375 of 973 2191 N. Seacrest Boulevard Post Office Box 337 Boynton Beach,FL 33425 ` Phone: 561-752-0303 Fax: 561-244-5046 https:llwww.boyntonbeachcdc.org! EMERGENCY RENTAL ASSISTANCE(ERA) PROGRAM Certification of Income--Self Verification(Earned Income but No Documentation) This form is to be used if the Household has income but can't provide documents or other traditionaImeans of showing income.This form can be uploaded to the"I have other income documents"section of the application. Name of Applicant: Name of Employee(if different from Applicant): Name of Employer: Address of Employer: Employer's phone: Employer's email: Start date: Total Income for the past 12 months: Are you still employed? ❑Yes ❑ No If no,end date: I earned income in the past 12 months from this employer, but cannot document it because: ❑The business closed due to COVID-19 ❑ My pay was received in cash ❑ The records of my payment were lost or destroyed ❑ Other reason: ❑ 1 affirm that the income information presented above is true and accurate to the best of my knowledge. ❑ I understand that providing false representations constitutes an act of fraud. False, misleading, or incomplete information may result in the denial of my Household's application, the repayment of any funds received through the Boynton Beach CDC ERA program,or other remedies available under law. Signature of Applicant: Date: Page 376 of 973 BOYNTON REACH CDC EMERGENCY RENTAL.ASSISTANCE PROGRAM WRITTEN ATTESTATION OF INCOME Each household member 1S years or odder, who cannot provide supporting documentation for their income due to extenuating circumstances related to the pandemic, disabilities, lack of technological access or if the income was received in cash must complete this form. Household Member's Name: Property Address: Within the last 12 months,did you receive income from any of the following sources? ❑ Yes []No Wages,salaries,tips,bonus,commissions,etc. Amount of Income over the Last 60 Days$ ❑Yes 7-1 No Severance pay Amount of Income over the Last 60 Days$ ❑ Yes ❑No Net income from the operation of a business or profession Amount of Income over the Last 60 Days$ ❑Yes El No Income from self-employment, including direct sales consulting(i.e. Mary Kay, Tupperware),Uber/Lyft services,and online sales Amount of Income over the Last 60 Days$ If you answered yes to any of the questions above, please provide: Name of Employer/Former Employer Name of Contact Person to Verify Employment Phone Number of Contact Person ❑ Yes ❑No Worker's compensation Amount of Income over the Last 60 Days$ ❑ Yes ❑No Interest/dividends from assets,including bank accounts Amount of Income over the Last 60 Days$ Page 377 of 973 ❑ Yes ❑No Unemployment benefits Amount of Income over the Last 60 Days$ ❑ Yes ❑No Social Security or Supplemental Security Income(SSI) Amount of Income over the Last 60 Days$ ❑ Yes ❑No Annuities, pensions,and retirement funds (i.e. IRA,401K) Amount of Income over the Last 60 Days$ ❑ Yes ❑No Insurance policies,disability,death benefits,or similar types of periodic receipts Amount of Income over the Last 60 Days$ ❑ Yes ❑No Alimony or child support Amount of Income over the Last 60 Days$ ❑ Yes :]No Regular contributions or gifts received from organizations or other persons not residing in the dwelling(including online donations such as GoFundMe or through a local bank) Amount of Income overthe Last 60 Days$ D Yes [:]No Temporary Assistance for Needy Families(TANF) Amount of Income over the Last 60 Days$ ❑Yes ❑No All regular pay,special pay,and allowances of a member of the Armed Forces,except the special pay to a family member serving in the Armed Forces who is exposed to hostile fire (e.g., in the past,special pay included Operation Desert Storm) Amount of Income over the Last 60 Days$ ❑ Yes ❑No Any other source (if yes,explain source and last two months income amount) Under penalty of perjury, I certify that the information presented in this certification is true and accurate to the best of my knowledge and that I am unable to provide any documentation of the income listed above. I further understand that providing false representations constitutes an act of fraud. False, misleading, or incomplete information may result in the repayment of any funds received through the Hall County Emergency Rental Assistance Program and other remedies available under applicable law. I also give the Hall County Emergency Rental Assistance Program and its partners permission to obtain a copy of any tax returns from the Internal Revenue Service and to verify income and other information provided herein from other State agencies. Signature of Household Member Printed fume of Household Member Date Page 378 of 973 2191 N. Seacrest Boulevard Post office Box 337 a 'y'"'' Boynton Beach,FL 33625 Y. Phone: 561-752-0303 Fax: 561-244-5046 httns:llwww.boynton beachcdc.org! Affidavit of COVID-19 Impact Please complete this form if you have not started receiving unemployment anytime from March 13, 2020-today or if you cannot show a loss of income due to the COVID-19 pandemic. Applicant's Name: Application Number: In the box below, please describe your significant incurred costs or financial hardship because of the COVID-19 pandemic: By signing below, i swear or affirm that the answers are true and reflect my current finances and status regarding COVID-19. I understand that a material misstatement fraudulently or negligently made in this affidavit or any other statement made by me(us) in connection with an application for assistance may constitute a federal violation punishable by a fine and/or denial of my(our) application for assistance. I authorize Boynton Beach CDC to obtain records of information pertaining to my financial or employment status from any source in order to verify the information provided by me. Signature of Applicant Date Print Name of Applicant Page 379 of 973 "'' EMERGENCY RENTAL ASSISTANCE PROGRAM RISK OF HOUSING INSTABILITY FORM This form may be completed by one or more individuals within the household in order to demonstrate the household is at risk of experiencing homelessness or housing instability.A copy of a past due utility or rent notice or eviction notice may be submitted in lieu of this form_ First Name Last Name Mi Street Address Apt No. City State Zip Check the box(es)that applies to your circumstances: ❑ I hereby certify that my household is experiencing unsafe or unhealthy living conditions. Describe the unsafe or unhealthy living conditions(be specific): ❑ I hereby certify that there is other evidence that my household is at risk of housing instability. Describe the other evidence of risk(be specific); Under penalty of perjury, I attest that the information presented in this written attestation is true and accurate to the best of my knowledge. I further understand that providing false representations constitutes an act of fraud. False, misleading,or incomplete information may result in my obligation to repay any funds received through the Emergency Rental Assistance Program and/or other penalties or remedies available under applicable law. Signature Date False Claim Statement. Warning: U.S. code, Title 31, Section 3729, False claims, provides a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages for any person who knowingly presents, or causes to be presented,a false or fraudulent claim;or who knowingly makes,or caused to be used,a false record or statement; or conspires to defraud the Government by getting a false or fraudulent claim allowed or paid_ Page 380 of 973 a EMERGENCY RENTAL ASSISTANCE PROGRAM SELF-CERTIFICATION OF RISK OF HOMELESSNESS OR HOUSING INSTABILITY Boynton Beach CDC Emergency Rental Assistance Program requires that since March 13, 2020, at leastone member of the household can demonstrate a risk of experiencing homelessness or housing instability. A member of my household has experienced a risk of experiencing homelessness or housing instability; however, is unable to document the risk. (The hardship does not need to exist as of the date of the application as long as it existed for any period of time since March 13, 2020. For example, if one member of your household faced a risk or eviction or lived in an overcrowded situation between March 13, 2020 and August 1, 2020, your household would be eligible for Boynton Beach CDC Emergency Rental Assistance Program assistance under this eligibility criteria.) The hardship includes (check all that apply): ❑ Risk of eviction ❑ Living in an overcrowded residence (number of household members is greater than the number of total rooms), which can increase the risk of exposure to COVID-1.9 ❑ Monthly rent and utilities are more than the household can afford ❑ The household struggles to purchase essential goods or services and pay rent or utilities, such as food, prescription drugs, childcare, transportation, or equipment needed for remote work or school ❑ The household is relying on credit cards, payday lenders, or other high-cost debt products, or depleting savings, to pay for rent or utilities, rather than wages or other income ❑ One or more household members have experienced homelessness Other—Please Explain: Under penalty of penury, I certify that the information presented in this certification is true and accurate to the best of my knowledge. I further understand that providing false representations constitutes an act of fraud. False, misleading, or incomplete information may result in the repayment of any funds received through the and other remedies available under applicable law. Signature of Applicant/ Printed Name of Applicant Date Page 381 of 973 ACTIVITY DELIVERY COSTBUDGET- REVISED Please list applicant's anticipated expenditures, detailing requested funds and applicant's matching funds. Please place C=Cash,S=Sweat Equity,O=Other Grants, D=Donations beside each amount under "Applicant's Match"to denote the type of match being used. Line Item CDBG Funds Applicant's Other Project Total Project Requested Match Funds Budget ADMINISTRATION: V Personnel (# 1.5 ) $45,597 $21,500 (0) $67,097 Payroll Taxes $ 3,481 $ 1,645 (0) $ 5,126 Employee Benefits $ 1,519 $ 3,132 (0) $ 4,651 ' Office Supplies E ,a Copy Supplies Postage _Telephone Professional Services $5,000 $ 5,000 (C) 1 $10,000 Vehicle Fuel/Mileage Other (Insurance, etc.) IPROGRAM: _ Rental Assistance Prog. $315,048 $315,048 Other $370,645 $31,277 $401,922 TOTALS ....... _........__......_. .......1-.- _....................................... CDBG-CV Funding Application Page 382 of 973 Boynton Beach Faith-Based Community Development Corporation, Inc. Emergency Rental Assistance Scope of Services: Boynton Beach Faith Based-CDC will provide the following services to the City of Boynton Beach related to the administration of the CDBG-CV Funds for Emergency Rental Assistance 1. Provide,for approval by the City of Boynton Beach, Forms and Guidelines for Application. 2. Provide emergency rental assistance to not less that seventy(70) eligible city of Boynton Beach residents 3. Determine applicant's COVID-19 eligibility, either directly or indirectly for program participation 4. Verify applicant's household income and confirm/determine program eligibility 5. Make available to city residents an Application Form and list of required documents necessary to submit an application for consideration. 6. Provide verifications necessary regarding income, employment, and rental balances 7. Provide landlord verification and all required documentation 8. Determine raking and prioritization according to income eligibility and completeness of application. 9. Provide Housing Counseling Services to applicants as needed—see attached Housing Counseling Services schedule in the approved guidelines. 10. Assist applicants,when necessary, with access to additional resources available online or by referrals to support household stabilization. 11. Process applications on a first-come, first qualified, first-served basis with priorities as established in Guidelines. 12. Process request for payment to CPA for rental assistance according to Guidelines, not to exceed $4,500 per household with payments directly to Landlord or Landlord's designee according to lease agreement and ownership verified through PBC Property Appraisers Office 13. Provide bi-monthly or monthly invoices with proof of payment and supporting documentation to the City of Boynton Beach for reimbursement. 14. Maintain all backup documentation for monitoring purposes. 2191 N Seacrest Blvd Post Office Box 337 Boynton Beach, FL 33425 Phone: 561-752-0303 Fax: 561-244-5046 www.boyntonbeachodo.org&www.heartofboyntonassistance.org Page 383 of 973 BOYNTON BEACH COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE PROGRAM GUIDELINES Boynton Beach CDC Emergency Rental Assistance Program (ERA) is aimed at stabilizing rental households by helping income-eligible renters within the city limits of Boynton Beach who are past due in rents and/or have suffered loss of income or reduced wages directly or indirectly caused by the COVID-19 pandemic. The program is made possible with approximately $370,645 in Federal CDBG-CV funding from the City of Boynton Beach to prevent, prepare for and respond to the Coronavirus pandemic. Assistance may be provided for unpaid overdue rent (arrears), and late fees. Rental assistance that covers more than one month must be consecutive. Intermittent emergency rental assistance for the same family is not permitted. The CDBG-CV funded emergency payments cannot have a gap in funding. Payments will be made to the landlord on behalf of the individual family and not directly to an individual or family. Who is Eligible for Assistance? Rental Assistance is only available for households that have been impacted by COVID-19 either directly or indirectly. An "eligible household" is defined as a renter household in which at least one or more individuals meets the following criteria: • Must be a resident of the City of Boynton Beach, and obligated to pay rent on a residential dwelling located within the city limits of Boynton Beach; • One or more individuals qualifies for unemployment benefits or experienced a reduction in household income, incurred significant costs, or experienced other financial hardship due, directly or indirectly to COVID-19; • One or more individuals within the household demonstrate a risk of experiencing homelessness or housing instability; and • The total household's income does not exceed 80 percent of the Area Median Income (AMI). *** NOTE: As per federal regulation, this program prioritizes assistance to households with income less than 50%of the area median income and to households with one or more members that have been unemployed for at least 90 days. Priority Applicants Eligible households will be prioritized in the following order: • Households in active eviction status and at risk of homelessness • Households with income at or below 50 percent of the Area Median Income (AMI) • Households with an adult member who has been unemployed for more than 90 days. Applications that meet eligibility criteria but do not receive prioritization will be processed in the order they are received, once current, prioritized applications have been reviewed. Page 384 of 973 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE- PROGRAM GUIDELINES 2021 Income Category Chart 0% Area RAT, edian Median Income Income 1 $30,000 $47,950 2 $34,250 $54,800 3 $38,550 $61,650 4 $42,800 68,500 5 $46,250 $74,000 6 $49,650 $79,500 7 $53,100 $84,950 8 $56,500 $90,450 Assistance The funding under this program will be used to make direct payments to landlords on behalf of qualifying tenants.The payments: • Will cover an eligible tenant's documented past-due or future rent only for the period beginning March 13, 2020, to present and/or can cover three months' rent based on funds availability. • Cannot exceed 3 months of assistance based on the household's need to include past-due rent and future rent with a cap of$4,500 per household if needed. • Other housing-related expenses include (on a case-by-case basis) relocation expenses and rental fees of displaced households and reasonable accrued late fees. • The program cannot duplicate assistance and will not help with rent that have been paid or will be paid/reimbursed by another program. • An applicant/household may only apply for assistance for months that have not already been paid by another source of funding. • If an eligible household receives a monthly federal subsidy (Housing Choice Voucher, Public Housing, Section Voucher or Project Based Rental Assistance) and the tenant's rent is adjusted according to changes in income,the household may receive assistance for the tenant's portion of the rent expense. • Assistance request will be processed on a first-come, first-ready, first-serve basis, with the exception of the noted priority, and based on funding availability. 2 Page 385 of 973 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE- PROGRAM GUIDELINES Eligible Expenses • Past-due rent. • Current and future rent. • Late fees. • Security deposits, application fees, and screening fees. • Receipts for any attorney fees and/or court costs that have accrued (if applicable) Selection Criteria To qualify for the program, applicants must meet all of the following requirements: • Be a City of Boynton Beach resident (all property control number in the City of Boynton Beach begin with 08). • Have a household total income that does not exceed 80 percent of the Area Median Income (AMI). • Must be a U.S. citizen, permanent resident or granted legal status. • Must experience hardship due to loss or reduction of income related to COVID-19. • Must not have liquid assets or other sources of capital that can be used for rent. • Must not have received assistance from any other agency providing the same assistance for the same period. • The applicant or an adult member of the household must be experiencing housing instability that is related to COVID-19. Required Documentation Applicants who meet the eligibility criteria above must provide the following documentation: 1) Completed application with copies of all of the required documentation as indicated on the application. Submission of an application does not guarantee the applicant will receive assistance. 2) Proof of Boynton Beach residency 3) A written statement signed by the applicant(s) describing financial hardship due to COVID-19 (loss of income, laid off, reduced hours, furloughed) Proof of COVID- 19 hardship). 4) Proof that loss/reduction of income is COVID-19 related (i.e. underemployment or fewer hours due to COVID-19 reflected in paystubs, correspondence from employer showing COVID related reduction in hours, income, layoff, self or household member diagnosed with COVID-19 resulting in reduced hours or loss of income) 5) If self-employed, profit and loss statement and three (3) most recent bank statements are required. 6) Driver's license or photo identification card, and/or Passport, Resident/Green Card, Naturalization Certificate and social security card(s) for applicant(s). 7) Proof of income for all persons 18 years old and older residing in the household. 3 Page 386 of 973 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE- PROGRAM GUIDELINES 8) Birth certificates, Passport, Resident/Green card, Naturalization Certificate, and Social Security cards for all household members. 9) Notice of collecting Social Security Numbers (if applicable). 10)Copy of eviction notice, notice to vacate, or eviction case information. 11)Signed current lease (12 months), lease addendum, or a one year month-to-month agreement. 12) Past due rent notice. 13) Documentation evidencing unsafe living conditions (if applicable). 14) Evidence of risk of homelessness (if applicable). 15) Income documentation for all household members - must provide one or more of the following: a) 2020 Tax Return b) Wage statement, Paycheck stubs, Pension, Retirement, Social Security, Child/Spousal Support. c) Determination letter from local, state, or federal government assistance program. d) Self-Certification of Annual Income (if applicable). e) Bank statements for three months prior to date of application that show wage payments (if applicable). f) Unemployment Statement or print out of Unemployment benefit payments (if applicable). g) Bank statements for three months prior to date of application that show wage payments (if applicable). h) Unemployed applicant's affidavit (if applicable). i) SNAP, TANF or Medicaid statement, and recertification/renewal application if required and due within 60 days of expiration. NOTE: Paystubs must be dated within 60 days (2 months) of application date Each source of income will require associated documentation for verification. Level of Assistance Eligible applicants/households will receive assistance for the following: • Past-due rent - rent arrears-or future rent for up to 3 months of assistance with a cap of $4,500 per household. • Applicants will be required to provide documentation to support their eligibility for assistance. • Assistance that covers more than one month must be consecutive. Applications will be accepted until funds are depleted. Incomplete applications will not be accepted and will be returned to applicant. 4 Page 387 of 973 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE- PROGRAM GUIDELINES Payment Method • Rental assistance payments will be made directly to landlord or landlord's designee as stipulated in lease agreement. No Duplication of Benefits • Assistance provided to an eligible household may not duplicate any other assistance, including federal, state, and local assistance provided for the same costs. • An eligible household that occupies a federally subsidized residential or mixed-use property may receive assistance, provided that funds are not applied to costs that have been or will be reimbursed under any other federal assistance. • If an eligible household receives a monthly federal subsidy (e.g., a Housing Choice Voucher, Public Housing, or Project-Based Rental Assistance) and the tenant rent is adjusted according to changes in income, the renter household may receive assistance for the tenant-owed portion of rent that is not subsidized. Landlord Information Program preference is for the payment to be directed toward the landlord. However, property managers if designated in the lease agreement are eligible recipients. An eligible landlords and tenant must satisfythe following criteria to be eligible to receive a COVID-19 Relief payment from the landlord: • Executed lease (signed by tenant and landlord) • Ledger or rent statement documenting past-due amounts, late fees and amount owed and signed by the landlord • Late Notice or Eviction Notice from landlord (if applicable) • Contact Information for landlord (Name, Phone Number, Email) • Proof of property ownership • Receipts for any attorney fees and/or court costs that have accrued (if applicable) • Landlord/property manager valid e-mail address • Landlord completed W-9 Prior Assistance Verification • Applicants are required to provide information about any rental assistance previously received from a local, state, federal or non-profit program • Acceptable documents include award letters and/or copies of payments received for any prior rental assistance. Approval Process Applications can be submitted directly from individuals or by other social service providers on behalf of their clients. When an application is received, staff will review it for completeness. Should staff require additional information/documentation to substantiate and provide adequate proof that the hardship is COVID-19 related, the applicant will be notified. Once the processor feels that the application meets all the necessary guidelines, it will be forwarded to the director for consideration. The director will review each application to certify eligibility and grants 5 Page 388 of 973 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE- PROGRAM GUIDELINES approval or denial. If approval is granted, the director will then process it for payment by preparing a check request to the CPA for payment to the landlord. Payments will be mailed directly to the landlord. However, property managers are eligible recipients. Landlords will be required to provide the following: • Business Address • Tax ID Number (EIN, SSN, ITIN, or ATIN) • W-9 Form • Legal Business Name • DUNS Number—Optional (to indicate that they are doing business with a Government Agency) • Contact information (name, address, email, phone, and fax for landlord and property manager If the CDCs financial assistance is inadequate and does not "cure" the applicants' housing issue and additional financial support is required, our trained staff will assist applicants in accessing other resources to achieve economic stabilization. Other Housing Services Housing Counseling Services will be provided to tenant households suffering negative financial impact from the COVID-19 pandemic on an as needed basis. Housing counseling services are intended to assist in stabilization of tenant housing situations to prevent loss of residence to eviction. For those in need of the service, staff will provide the following: • Financial counseling and assistance with budgeting to bridge financial crisis. • Credit counseling to mitigate negative impact on credit score. • Assistance to tenant, as needed, by negotiating with landlord — Tenant/Landlord counseling. • Referrals to community resources to meet other basic needs. • Credit building. Service Parameters: • Housing counseling services will be provided for up to three (3) months and shall be conducted one-on-one or in group sessions with client households, and maybe offered in-person, or remotely via telephone or via video conferencing software. • Counseling services shall be provided in no less than one (1) counseling session that is no less than two (2) hours in length. • Each client will be provided a written crisis budgeting plan, based on their specific household income and expenses. At a minimum, the plan should include guidance on how to reduce expenses, and help manage existing debt. • Clients will receive a Certificate of Completion, including the name of the agency, client, and the date(s) the counseling services were provided. 6 Page 389 of 973 COMMUNITY DEVELOPMENT BLOCK GRANT- CORONA VIRUS CARES ACT AGREEMENT between CITY OF BOYNTON BEACH and BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION THIS AGREEMENT entered into this day of , 20_ is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION hereinafter referred to as "the SUBRECIPIENT," having its principal office at 2191 North Seacrest Boulevard, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65-0971509. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block (CDBG) Program in the City, for allocations 1 & 3 of the Corona Virus CARES Act Funds, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG' means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements 1.6 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Department of H U D. 1.7 "24 CFR Part 570" refers to the Section of the Code of Federal Regulations pertaining to the U. S. Department of HUD. Page 390 of 973 1.8 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.9 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.10 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non-consumable nature, with a value of$500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Three Hundred and Seventy Thousand Six Hundred and Forty-Five Dollars and 00/100 ($370,645.00). The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Three Hundred and Seventy Thousand Six Hundred and Forty-Five Dollars and 00/100 ($370,645.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal Community Development Block Program - allocations 1 & 3 of the Corona Virus CARES Act. Funds. These funding is contingent upon approval and funding by HUD. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that have not been approved and funded by HUD. 3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments at least once per quarter or unless there is a mutual agreement otherwise. Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. Page 391 of 973 3.3 Prior to receipt of Community Development Block Program - allocations 1 & 3 of the Corona Virus CARES Act. Funds (through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures being involved. 3.4 Release of funds is subject to the approval of the Director of Financial Services and Community Improvement Manager. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from March 1, 2020 to August 31, 2022. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. Page 392 of 973 ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend Community Development Block Program - allocations 1 & 3 of the Corona Virus CARES Act. funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part Z. and the Federal Accountability and Transparency Act. As set forth at 2 CFR Part 170. 9.2 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, Page 393 of 973 color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. 9.3 Other Program Requirements: The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.4 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.5 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.6 Audits: Nonprofit organizations that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit"reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. Page 394 of 973 The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.7 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A-110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 9.8 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.9 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. Page 395 of 973 b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2)with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.10 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.11 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of$25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Page 396 of 973 Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.13 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.14 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute Page 397 of 973 discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.15 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.17 Indemnification: SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. 9.18 Public Records: SUBRECIPIENT shall complywith all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. Page 398 of 973 C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.19 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. Page 399 of 973 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of 20_ WITNESSES: By: Print Title Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this_ day of 20_, by Personally Known _ OR Produced Identification_Type of Identification Produced Seal NOTARY PUBLIC Signature Print ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: City Clerk Mayor Approved as to form: City Attorney Page 400 of 973 6.H. Consent Agenda 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for September 8, 2021 - "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). DESCRIPTION SOLICITATION VENDORS OF NUMBER RENEWAL TERM AMOUNT SOLICITATION Jacobs Hydrogeological RFQ No. 023- September 10, Task Order as Needed (Any Item over Engineering Consulting 2021 - September $35K will be brought back to Group Services 2821-18/IT g 2022 Commission) How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 401 of 973 Grant Amount: Attachments: Type Description D Attachment Bid Extensions and Piggy-Backs under $100,000 D Attachment Renewal Interest Letter ® Jacobs Engineering Group® 2021-2022 Page 402 of 973 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS September 7, 2021 REQUESTING DEPARTMENT. Utilities DEPARTMENT CONTACT: Christopher Roschek TERM: September 10, 2021 to September 9, 2022 SOURCE FOR PURCHASE: 023-2821-1/IT ACCOUNT NUMBER: 401-2811-536-31-90 VENDOR(S): JACOBS ENGINEERING GROUP ANNUAL ESTIMATED EXPENDITURE: Task Orders as Needed within budget parameters (Any Items over$35K will be brought back to Commission) DESCRIPTION: On July 17, 2018 City Commission authorized the City Manager to sign an agreement as a result of RFQ 023- 2821-18/IT for Hydrogeological Consulting Services. The original term of the contract to perform Hydrogeological Consulting Services by way of individual task orders was for two years through September 9, 2020. Utilities has a need for a certified Hydrogeologists for support in the areas of Aquifer Storage and Recovery Wells; Deep Injection Wells, Landfill and Ground Water Monitoring. The contract allows an option of three (3) one-year renewals. September 10, 2021 through September 9, 2022 is the second one-year renewal. The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 19 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 August 9, 2021 JACOBS ENGINEERING GROUP Attn: Mario Loaiza 550 W. Cypress Creek Road Fort Lauderdale, Florida 33309 VIA EMAIL TRANSMITTAL TO: Mario.Loaiza(a_iacobs.com RFQ.: Hydrogeological Consulting Services RFQ No.: 023-2821-18/IT CURRENT BID TERM: SEPTEMBER 10, 2020— SEPTEMBER 9, 2021 Dear Mr. Loaiza: The current bid term for"HYDROGEOLOGICAL CONSULTING SERVICES" expires September 9, 2021. The agreement documents allow for three (3)additional one (1)year extensions.The City of Boynton Beach would like to extend the agreement for its 2nd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to pratttp_bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 404 of 973 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 19 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 August 9, 2021 RFQ.: Hydrogeological Consulting Services RFQ No.: 023-2821-18/IT Agreement between the City of Boynton Beach and JACOBS ENGINEERING GROUP. AGREEMENT RENEWAL TERM: SEPTEMBER 10, 2021— SEPTEMBER 9, 2022 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) JACOBS ENGINEERING GROUP INC NAME OF COMPANY 6IGNATURE Sirpa H. Hall, P.E Manager of Projects NAME OF REPRESENTATIVE TITLE (please print) 08/10/2021 954-299-8577 DATE (AREA CODE)TELEPHONE NUMBER Sirpa.Hall(a_iacobs.com E-MAIL America's Gateway to the Gulf Stream Page 405 of 973 6.1. Consent Agenda 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Proposed Resolution No. R21-110 -Approve minor changes to an agreement with The Florida International University Board of Trustees on behalf of its Metropolitan Center for the purpose of Economic Development Plan services. Explanation of Request: On August 3, 2021 the City Commission approved Resolution R21-093 approving an agreement with the Metropolitan Center, Florida International University for economic development research and planning, public policy analysis and development, economic analysis, fiscal analysis and industry, labor force and commercial real estate trends analyses. The contract amount is$75,000. During FI U's processing of the agreement the City was notified that the name on the agreement should read The Florida International University Board of Trustees. Further, FIU has requested some additional changes to the City's standard contract language. These minor changes have been reviewed and approved by City Attorney and Risk Management. Based on these updates the City is being requested to execute a new agreement in the name of The Florida International University Board of Trustees on behalf of its Metropolitan Center. How will this affect city programs or services? There is no affect to City programs or services. Fiscal Impact: There is no additional fiscal impact. Alternatives: Strategic Plan: Building Wealth in the Community Strategic Plan Application: This project will support the City's vision of developing a local economy that grows jobs and businesses and advances opportunities for entrepreneurship and equity. Climate Action Application: Is this a grant? Grant Amount: Contracts Page 406 of 973 Vendor Name: The Florida International University Board of Trustees on behalf of its Metropolitan Center Start Date: 8/11/2021 End Date: 8/10/2022 Contract Value: Minority Owned Contractor?: Extension Available?: Yes Extension Explanation: Attachments: Type Description D Resolution Resolution approving changes to Agreement Wth F I U for Economic Development Plan D Agreement Professional Services Agreement for Economic Development Plan D Agreement Professional Services Agreement for Economic Development Plan Page 407 of 973 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING CHANGES TO AN AGREEMENT WITH THE FLORIDA 5 INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES ON BEHALF OF 6 ITS METROPOLITAN CENTER FOR THE PURPOSE OF ECONOMIC 7 DEVELOPMENT PLAN SERVICES. RFP NO. 021-2419-21 IN THE 8 AMOUNT OF $75,000.00;AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, on August 3, 2021 the City Commission approved,via Resolution R21- 11 093, an agreement with the Metropolitan Center, Florida International University for 12 economic development research and planning, public policy analysis and development, 13 economic analysis, fiscal analysis and industry, labor force and commercial real estate 14 trends analyses; and 15 WHEREAS, During FIU's processing of the agreement the City was notified that 16 the name on the agreement required a change and FIU requested some additional 17 changes to the City's standard contract language; and 18 WHEREAS, the City Commission of the City of Boynton Beach upon 19 recommendation of staff, deems it to be in the best interest of the citizens and residents 20 to approve changes to an agreement with The Florida International University Board of 21 Trustees on behalf of its Metropolitan Center for the purpose of Economic Development 22 Plan services. RFP No. 021-2419-21 in the amount of $75,000.00. 23 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 24 OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 26 as being true and correct and are hereby made a specific part of this Resolution upon 27 adoption. S:\CA\RESO\Agreements\Approve Changes to Agreement for Economic Development Plan Services-Reso.docx Page 408 of 973 28 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 29 approves changes to an agreement with The Florida International University Board of 30 Trustees on behalf of its Metropolitan Center for the purpose of Economic Development 31 Plan services. RFP No. 021-2419-21 in the amount of $75,000.00. A copy of the 32 Agreement is attached hereto and incorporated herein as Exhibit "A". 33 Section 3. That this Resolution shall become effective immediately. 34 PASSED AND ADOPTED this 8th day of September, 2021. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor—Woodrow L. Hay 42 43 Commissioner—Justin Katz 44 45 Commissioner— Christina L. Romelus 46 47 Commissioner—Ty Penserga 48 49 VOTE 50 ATTEST: 51 52 53 Crystal Gibson, MMC 54 City Clerk 55 56 57 (Corporate Seal) S:\CA\RESO\Agreements\Approve Changes to Agreement for Economic Development Plan Services-Reso.docx Page 409 of 973 PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT PLAN THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY", and The Florida International University Board of Trustees on behalf of its Metropolitan Center, hereinafter referred to as "CONSULTANT" or "Professional", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive contract to perform professional planning services, and WHEREAS, THE CITY issued a REQUEST FOR PROPOSALS FOR ECONOMIC DEVELOPMENT PLAN, RFP No. 021-2419-21; and WHEREAS, RFP No. 021-2419-21 defined Scope of Services for Economic Development Plan; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in RFP No. 021-2419-21; and WHEREAS, the City Commission on August 3, 2021, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the REQUEST FOR PROPOSALS; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform ECONOMIC DEVELOPMENT PLAN services outlined in RFP No. 021-2419-21 and incorporated herein: Sections "RESPONSIBILITIES". RESPONSIBILITIES A. Offer policy recommendations and strategies that will maximize our economic assets and overcome any challenges that currently impede the City's competitiveness in attracting, retaining, and developing high-growth industries. B. Offer policies and strategies that will stimulate (re)development and strengthen commercial centers and corridors. C. Identify current and potential economic assets, placemaking locations, and real estate that have the best opportunity to become economic engines and catalysts for the City. D. Offer strategies and policy recommendations that will help the City attract and retain retail companies, diversify the City's retail sector and lower commercial vacancy rates. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN E. Develop a strategic economic development action plan that includes specific policy recommendations and implementation strategies to attract high-growth industries, strengthen and diversify the City's retail market, support small businesses, and capitalize on opportunities and assets, including economic generators and catalysts that exist in the City and region. The CITY's Representative during the performance of this Contract shall be John Durgan, Economic Development Manager telephone (561) 742-6014. The CONSULTANT'S Representative during the performance of the Contract shall be Maria Ilcheva, Assistant Director of Planning and Operations telephone (954) 438-8652. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial term of one (1) year, commencing on August 11, 2021. The City reserves the right to renew the contract for three (3) additional one (1) year periods, under the same terms, conditions. The Services to be performed during the initial one (1) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the Consultant. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY's discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY tothe CONSULTANT by way of a purchase order and delivered to CONSULTANT. CONSULTANT shall perform all services and provide all work products required pursuant to this Agreement within the time period set forth in the purchase order. ARTICLE 4 - PAYMENT 4.1 PAYMENT. The Professional shall be paid by the City for completed work and for services rendered under this agreement as follows: A. Payment for the work provided by the Professional shall be made promptly on all invoices submitted to the City properly and in accordance with "PRICE PROPOSAL". B. The Professional may submit invoices to the City during the progress of the contract term. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Professional in the amount approved. C. Final payment of any balance due to the Professional of the total price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN D. The payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. E. The Professional's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications, and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the property of the CONSULTANT provided that CONSULTANT hereby grants to CITY a non-exclusive royalty-free license to the foregoing materials for CITY's governmental purposes. Any useof the documents for purposes otherthan as originally intended bythis Agreement,withoutthe written consent of CONSULTANT, shall be at the CITY's sole risk and without liabilityto CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding upon written notice to CONSULTANT. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. In submitting its response to the RFP, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this Service Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, and regulations that are applicable to the services to be rendered under this Agreement. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN ARTICLE 9 - INDEMNIFICATION 9.1 CONSULTANT shall indemnify and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own employees, or damage to property occasioned by a negligent act, omission of the CONSULTANT provided that CONSULTANT's indemnification is only to extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of that statute whereby CONSULTANT shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of$200,000, or any claim or judgment or portions thereof, which, when totaled with all other claims orjudgments paid by the CONSULTANT arising out of the same incident or occurrence, exceeds the sum of $300,000. Nothing herein shall be deemed to indemnify CITY from any liability or claim arising out of the negligent performance or failure of performance or by the willful misconduct of CITY or as a result of the negligence or failure of performance or by the willful misconduct of any third party. Further, nothing contained herein shall be construed or interpreted as: i) denying CONSULTANT any remedy or defense available under the laws of the State of Florida; ii) the consent of CONSULTANT to be sued; or iii) a waiver of sovereign immunity of CONSULTANT beyond the waiver described herein and provided in §768.28, Florida Statutes.. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect , or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 Pursuant to Fla. Stat. Section 1001.72, CONSULTANT, a public instrumentality of the State of Florida, maintains insurance coverage under the State of Florida Risk Management Trust Fund, established pursuant to Chapter 284, Florida Statutes, and administered by the State of Florida, Department of Financial Services — Division of Risk Management as follows: automobile liability insurance, general liability insurance and employer's liability insurance, each with limits of liability of not less than US $200,000.00 for each person and US $300,000.00 for each occurrence. CONSULTANT also maintains workers' compensation insurance with limits of liability as required by law. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN ARTICLE 11 - INDEPENDENT CONSULTANT 11.1 CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent uponor resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the fullamount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14- DISCRIMINATION PROHIBITED 14.1 The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 - ASSIGNMENT 15.1 The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN ARTICLE 16 - NON-WAIVER 16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17— TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to the termination date, including services reasonably related to termination and non-cancelable commitments entered into by CONSULTANT in furtherance of this Agreement prior to the termination. ARTICLE 18 - DISPUTES 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19— UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from the performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing the continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: City of Boynton Beach Attn: Lori LaVerriere, City Manager 100 E. Ocean Avenue Boynton Beach, FL 33435 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN Notices to CONSULTANT shall be sent to the following address: Consultant: Metropolitan Center, Florida International University ADDRESS: 1930 SW 145 Ave, 339 CITY/STATE/ZIP: Miramar, FL 33027 Attn: Maria Ilcheva Tel: 954-438-8652 Fax: Email: milcheva@fiu.edu ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the RFP and any addenda and/or attachments, representsthe entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY and CONSULTANT are political subdivisions of the State of Florida and enjoy sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be amended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to ensure CITY and CONSULTANT of the limitation from liability provided to the State of Florida's subdivisions by law including without limitation, any successor statute thereof. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY's and CONSULTANT's liability for costs and attorney's fees, however, shall not alter or waive CITY's or CONSULTANT's entitlement to sovereign immunity or extend CITY's or CONSULTANT's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. A. Claims, disputes, or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. Neither the CITY nor CONSULTANT consents to mediation or arbitration for any matter connected to this Agreement. B. Reserved RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN ARTICLE 23— PUBLIC RECORDS 23.1 Sealed documents received by the CITY in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY announces intent to award sooner, in accordance with Florida Statutes 119.07. The City and CONSULTANT are a public agency and a public instrumentality, respectively, subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY or maintains the records as required by Florida law ; and D. Upon completion of the contract, Consultant shall retain all public records in CONSULTANT'S possession in accordance with Florida law. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6061 GIBSONC@BBFL.US ARTICLE 24—SCRUTINIZED COMPANIES 287.135 and 215.473 24.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycottof Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONSULTANT been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to the CONSULTANT of the CITY's determination concerning the false certification. CONSULTANT shall have five(5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONSULTANT shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the CONSULTANT does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. ARTICLE 25— E-VERIFY 25.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described hereinbelow. 25.1.1 Definitions for this Section: "Contractor' means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor' includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 25.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. The contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub- contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. The contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile or electronic signature shall constitute an original signature forall purposes. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12021. CITY OF BOYNTON BEACH THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES City Manager Signature/ Name Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Witness RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT PLAN THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY", and The Florida International University Board of Trustees on behalf of its Metropolitan Center, hereinafter referred to as "CONSULTANT" or "Professional", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive contract to perform professional planning services, and WHEREAS, THE CITY issued a REQUEST FOR PROPOSALS FOR ECONOMIC DEVELOPMENT PLAN, RFP No. 021-2419-21; and WHEREAS, RFP No. 021-2419-21 defined Scope of Services for Economic Development Plan; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in RFP No. 021-2419-21; and WHEREAS, the City Commission on August 3, 2021, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the REQUEST FOR PROPOSALS; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform ECONOMIC DEVELOPMENT PLAN services outlined in RFP No. 021-2419-21 and incorporated herein: Sections "RESPONSIBILITIES". RESPONSIBILITIES A. Offer policy recommendations and strategies that will maximize our economic assets and overcome any challenges that currently impede the City's competitiveness in attracting, retaining, and developing high-growth industries. B. Offer policies and strategies that will stimulate (re)development and strengthen commercial centers and corridors. C. Identify current and potential economic assets, placemaking locations, and real estate that have the best opportunity to become economic engines and catalysts for the City. D. Offer strategies and policy recommendations that will help the City attract and retain retail companies, diversify the City's retail sector and lower commercial vacancy rates. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN E. Develop a strategic economic development action plan that includes specific policy recommendations and implementation strategies to attract high-growth industries, strengthen and diversify the City's retail market, support small businesses, and capitalize on opportunities and assets, including economic generators and catalysts that exist in the City and region. The CITY's Representative during the performance of this Contract shall be John Durgan, Economic Development Manager telephone (561) 742-6014. The CONSULTANT'S Representative during the performance of the Contract shall be Maria Ilcheva, Assistant Director of Planning and Operations telephone (954) 438-8652. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial term of one (1) year, commencing on August 11, 2021. The City reserves the right to renew the contract for three (3) additional one (1) year periods, under the same terms, conditions. The Services to be performed during the initial one (1) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the Consultant. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY's discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY tothe CONSULTANT by way of a purchase order and delivered to CONSULTANT. CONSULTANT shall perform all services and provide all work products required pursuant to this Agreement within the time period set forth in the purchase order. ARTICLE 4 - PAYMENT 4.1 PAYMENT. The Professional shall be paid by the City for completed work and for services rendered under this agreement as follows: A. Payment for the work provided by the Professional shall be made promptly on all invoices submitted to the City properly and in accordance with "PRICE PROPOSAL". B. The Professional may submit invoices to the City during the progress of the contract term. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Professional in the amount approved. C. Final payment of any balance due to the Professional of the total price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN D. The payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. E. The Professional's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications, and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the property of the CONSULTANT provided that CONSULTANT hereby grants to CITY a non-exclusive royalty-free license to the foregoing materials for CITY's governmental purposes. Any useof the documents for purposes otherthan as originally intended bythis Agreement,withoutthe written consent of CONSULTANT, shall be at the CITY's sole risk and without liabilityto CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding upon written notice to CONSULTANT. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. In submitting its response to the RFP, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this Service Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, and regulations that are applicable to the services to be rendered under this Agreement. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN ARTICLE 9 - INDEMNIFICATION 9.1 CONSULTANT shall indemnify and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own employees, or damage to property occasioned by a negligent act, omission of the CONSULTANT provided that CONSULTANT's indemnification is only to extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of that statute whereby CONSULTANT shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of$200,000, or any claim or judgment or portions thereof, which, when totaled with all other claims orjudgments paid by the CONSULTANT arising out of the same incident or occurrence, exceeds the sum of $300,000. Nothing herein shall be deemed to indemnify CITY from any liability or claim arising out of the negligent performance or failure of performance or by the willful misconduct of CITY or as a result of the negligence or failure of performance or by the willful misconduct of any third party. Further, nothing contained herein shall be construed or interpreted as: i) denying CONSULTANT any remedy or defense available under the laws of the State of Florida; ii) the consent of CONSULTANT to be sued; or iii) a waiver of sovereign immunity of CONSULTANT beyond the waiver described herein and provided in §768.28, Florida Statutes.. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect , or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 Pursuant to Fla. Stat. Section 1001.72, CONSULTANT, a public instrumentality of the State of Florida, maintains insurance coverage under the State of Florida Risk Management Trust Fund, established pursuant to Chapter 284, Florida Statutes, and administered by the State of Florida, Department of Financial Services — Division of Risk Management as follows: automobile liability insurance, general liability insurance and employer's liability insurance, each with limits of liability of not less than US $200,000.00 for each person and US $300,000.00 for each occurrence. CONSULTANT also maintains workers' compensation insurance with limits of liability as required by law. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN ARTICLE 11 - INDEPENDENT CONSULTANT 11.1 CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent uponor resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the fullamount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14- DISCRIMINATION PROHIBITED 14.1 The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 - ASSIGNMENT 15.1 The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN ARTICLE 16 - NON-WAIVER 16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17— TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to the termination date, including services reasonably related to termination and non-cancelable commitments entered into by CONSULTANT in furtherance of this Agreement prior to the termination. ARTICLE 18 - DISPUTES 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19— UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from the performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing the continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: City of Boynton Beach Attn: Lori LaVerriere, City Manager 100 E. Ocean Avenue Boynton Beach, FL 33435 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN Notices to CONSULTANT shall be sent to the following address: Consultant: Metropolitan Center, Florida International University ADDRESS: 1930 SW 145 Ave, 339 CITY/STATE/ZIP: Miramar, FL 33027 Attn: Maria Ilcheva Tel: 954-438-8652 Fax: Email: milcheva@fiu.edu ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the RFP and any addenda and/or attachments, representsthe entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY and CONSULTANT are political subdivisions of the State of Florida and enjoy sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be amended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to ensure CITY and CONSULTANT of the limitation from liability provided to the State of Florida's subdivisions by law including without limitation, any successor statute thereof. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY's and CONSULTANT's liability for costs and attorney's fees, however, shall not alter or waive CITY's or CONSULTANT's entitlement to sovereign immunity or extend CITY's or CONSULTANT's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. A. Claims, disputes, or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. Neither the CITY nor CONSULTANT consents to mediation or arbitration for any matter connected to this Agreement. B. Reserved RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN ARTICLE 23— PUBLIC RECORDS 23.1 Sealed documents received by the CITY in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY announces intent to award sooner, in accordance with Florida Statutes 119.07. The City and CONSULTANT are a public agency and a public instrumentality, respectively, subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY or maintains the records as required by Florida law ; and D. Upon completion of the contract, Consultant shall retain all public records in CONSULTANT'S possession in accordance with Florida law. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6061 GIBSONC@BBFL.US ARTICLE 24—SCRUTINIZED COMPANIES 287.135 and 215.473 24.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycottof Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONSULTANT been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to the CONSULTANT of the CITY's determination concerning the false certification. CONSULTANT shall have five(5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONSULTANT shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the CONSULTANT does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. ARTICLE 25— E-VERIFY 25.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described hereinbelow. 25.1.1 Definitions for this Section: "Contractor' means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor' includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 25.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. The contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub- contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. The contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile or electronic signature shall constitute an original signature forall purposes. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12021. CITY OF BOYNTON BEACH THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES City Manager Signature/ Name Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Witness RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 6.J. Consent Agenda 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Approve minutes from the Special City Commission meeting on August 10, 2021 and regular City Commission meeting on August 17, 2021. Explanation of Request: The City Commission met on August 10, 2021 and August 17, 2021 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Alternatives: Approve, amend and approve, or do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Minutes 08-10-2021 SM Minutes Minutes 08-17-2021 Minutes Page 432 of 973 Minutes of the Special City Commission Meeting Held Online via the GoToWebinar Platform And In-person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, August 10, 2021, at 5:00 p.m. Present: Steven B. Grant, Mayor Lori LaVerriere, City Manager Woodrow L. Hay, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Crystal Gibson, City Clerk Christina Romelus, Commissioner Ty Penserga, Commissioner 1. Agenda Items A. Call to Order - Mayor Steven B. Grant Mayor Grant called the Special City Commission Meeting to order at 5:00 p.m. Roll Call City Clerk Gibson called the roll. A quorum was present. Invocation Mayor Grant gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Penserga Commissioner Penserga led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Vice Mayor Hay moved to approve the agenda. Commissioner Katz seconded the motion. The motion passed unanimously. Page 433 of 973 Special Meeting Minutes City Commission Boynton Beach, Florida August 10, 2021 B. Informational items by the Members of the City Commission. There were no disclosures made by any of the Commission members. Mayor Grant requested a motion to remove items C and D from the Table. Motion Commissioner Romelus so moved. Commissioner Penserga seconded the motion. The motion passed unanimously. C. Proposed Ordinance No. 21-024 - First Reading. Amending the City's candidate qualifying dates to be from Noon on the second Tuesday in November to Noon on the fourth Tuesday in November. (Tabled from the July 20, 2021 City Commission Meeting.) City Attorney Cherof read Ordinance No. 21-024 by title only on First Reading. Motion Commissioner Romelus moved to approve. Vice Mayor Hay seconded the motion. Commissioner Penserga noted he was a candidate and asked if he had to recuse himself. City Attorney Cherof responded he did not No one from the public wished to speak on this item. Vote City Clerk Gibson called the roll. The motion passed 5-0 Proposed Resolution No. R21-088 - Designating the PBC Supervisor of Elections as the City's canvassing board for municipal elections. (Tabled from the July 20, 2021 City Commission Meeting.) Mayor Grant read proposed Resolution No. 21-088. Commissioner Romelus asked if this Resolution was temporary. City Attorney Cherof responded it is both. The Commission could revisit it at any time as it is in Resolution format. It designates the Palm Beach County Supervisor of Elections as the Canvassing Board. The Canvassing Board has been designated by Resolution in the past and members serving as the Canvassing Board have been the Supervisor of Elections, the City Clerk and City Attorney. City Clerk Gibson explained the recommendation is to have the County Supervisor of Elections serve as the Canvassing Board because it has been a duplication of duties and this makes for a smoother election. In addition to ensuring the logic and accuracy of the election equipment, the Canvassing Board ensures the 2 Page 434 of 973 Special Meeting Minutes City Commission Boynton Beach, Florida August 10, 2021 equipment works well and the ballots make sense. If there are confusing ballots, issues or inconsistencies, the Board compares signatures and checks other issues to ensure the vote is valid. The City Clerk is still the qualifying officer. Candidates have to see the City Clerk and she accepts their reports. Mayor Grant asked if the polling locations would not be held in schools. City Clerk Gibson responded they would not be held in schools if that is the will of the Commission. There is an additional cost to move polling locations, but the City can move them, as long as notice is provided to the Supervisor of Elections at least 90-days to notify the residents and issue new voter registration cards. Mayor Grant commented it would be safer for the teachers and students during the day if there are alternate locations. The City does not have to decide today. Commissioner Romelus also noted they must be mindful of COVID. If they can make that change, she would support it. She said the City cannot require masks for polling locations and the COVID virus and other communicable diseases is a good reason not to use schools. City Clerk Gibson explained that she will bring a proclamation of the voting locations to the City Commission for approval. Motion Vice Mayor Hay moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. D. Approve request for Attorney - Client session to discuss pending litigation regarding the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKMBTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50-2020CA012780-XXXX-MB City Attorney Cherof, explained the request is per F.S. 286.011 subsection 8. He requested the session for the above case. It is a declaratory judgement action. Present will be City Attorney Cherof, Assistant City Attorney Gal Betesh, Special Litigation Counsel Tom Baird and Joanne O'Connor, City Manager Lori LaVerriere, the City Commission, and a court reporter. The request was for 90 minutes requesting a session before the August 17th City Commission meeting at 4 p.m. The Commission will convene in public, and then recess for the special session. There was consensus to meet. 2. Adjourn John McNally, ITS Director, read a statement on how the public could access the video and audio of the meeting. Mayor Grant closed the meeting at 5:10 p.m. (Continued on next page) 3 Page 435 of 973 Special Meeting Minutes City Commission Boynton Beach, Florida August 10, 2021 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor—Woodrow L. Hay Commissioner— Justin Katz Commissioner— Christina Romelus Commissioner—Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk Catherine Cherry Minutes Specialist 4 Page 436 of 973 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, August 17, 2021, at 4:00 P.M. Present: Mayor Steven B. Grant Lori LaVerriere, City Manager Vice Mayor Woodrow L. Hay James Cherof, City Attorney Commissioner Justin Katz Crystal Gibson, City Clerk Commissioner Christina L. Romelus 1. Openings A. Call to Order — Mayor Steven B. Grant Mayor Grant called the meeting to order at 4:00 p.m. B. Roll Call City Clerk Gibson called the roll. A quorum was present. Closed-door session on Tuesday, August 17, 2021 , beginning at 4:00 p.m., for a private attorney-client session to discuss pending litigation case of: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant— Palm Beach County Circuit Court Case Number: 50-2020CA012780-XXXX-MB Jim Cherof, City Attorney, announced those attending the closed-door session included the City Commissioners, City Manager Lori LaVerriere, City Attorney James Cherof, Assistant City Attorney Gal Betesh, and a court reporter. The session was anticipated to last about 45 minutes. Attorney Bridgeman noted should a Commissioner who was not currently present arrive during the close-door session, it will be reflected when the meeting reconvened. The meeting recessed at 4:02 p.m. Mayor Grant reconvened the meeting at 5:57 p.m. Invocation by Pastor Amalie Ash, First Presbyterian Church The Invocation was given by Pastor Amalie Ash of First Presbyterian Church. Pledge of Allegiance to the Flag led by Mayor Grant Mayor Grant led the Pledge of Allegiance to the Flag. Page 437 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 Agenda Approval: 1. Additions, Deletions, Corrections Proclamation for Women's Equality Day was added to the agenda as Item 3E. Lori LaVerriere, City Manager, requested to have Item 6E removed from the agenda. A correction was made: Item 6J was moved to Item 7D. 2. Adoption Motion Commissioner Katz moved to approve the agenda as amended. Commissioner Romelus seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Katz disclosed that he spoke to the representative from the firm that wants to purchase the property that the City owns next to Leisureville. Commissioner Romelus disclosed that she attended the Florida League of Cities Annual Conference in Orlando. It was a great opportunity to continue to learn and benefit from information to bring back to the City. In addition, she thanked the City, the City Manager, the Mayor and the Fire and Police Departments for their support for the individuals that were affected by the 7.2 earthquake in Haiti. Unfortunately, her family was affected as well. Three individuals from her family passed away and she is still waiting to hear from others. Fire Station 1 is a drop off location for medical supplies and a temporary shelter. Commissioner Penserga disclosed he attended the Florida League of Cities Annual Conference in Orlando. He also sends his condolences to Commissioner Romelus' family and to our Haitian neighbors and friends. Vice Mayor Hay disclosed that he attended the Florida League of Cities Annual Conference in Orlando. He stated that his church has already reached out to send supplies and goods in those in need in Haiti. Mayor Grant disclosed that on August 4th, he attended the YMCA student showcase and spoke with the teachers from Congress Middle School. He also attended the Police Department's one-year anniversary of the police station barbeque. On August 10th, he attended Michael Simon's, Director of Boynton Beach CRA, Celebration of Service. Mr. Simon was with the CRA for 13 years. He attended the Florida League of Cities Annual Conference in Orlando and spoke with vendors there. He spoke with Blue Duck regarding 2 Page 438 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 a bike sharing program. On August 13th, he attended the opening session of Florida League of Cities Annual Conference and the Understanding and Fostering Racial Equity. On August 14th, he attended the VJ Day (Victory of Japan) at the Tom Kaiser USN Veterans Memorial Park. 3. Announcements, Community and Special Events and Presentations A. Proposed Resolution No. R21-100 - Reaffirming the City of Boynton Beach's support ofCompany D, 2nd Battalion, 327th Infantry Regiment of the 101 st Airborne Division Air Assault, a.k.a. "DELTA DEMONS". 1 SGT Dustin Bell will attend our meeting virtually so we may introduce him and his unit to the CityCommission and formally welcome them back to Boynton Beach! 1SGT Dustin Bell, gave a brief history on the DELTA DEMONS. He stated that he will be in Boynton Beach for the September 11th weekend with the Color Guard. He looks forward to rekindling their relationship with the City. Mayor Grant stated that the City is here for the DELTA DEMONS and he looks forward to seeing 1 SGT Bell in two weeks. 1 SGT Bell commented let him know what he can bring with him in two weekends to help out with the Haiti mission. He will try to bring medical supplies and shelter items. Motion Commissioner Romelus moved to approve Proposed Resolution No. R21-100. Commissioner Penserga seconded the motion. The motion passed unanimously. B. Recognition of Jeff and Chris Hardin with Straticon Construction for the adaptive reuse and renovation of the Boynton Beach Arts & Cultural Center. City Manager LaVerriere, presented Jeff and Chris Hardin of Straticon with a thank you gift from the City for going above and beyond while renovating the Old High School. Jeff Hardin thanked the City for the gift. To be part of renovating the Old High School really means a lot and will be part of the Straticon legacy. Commissioner Romelus stated that renovating the Old High School was the unifying issue that brought the Commission together. The building is phenomenal. Straticon took a building that was trash and made it into the jewel it is today. City Manager LaVerriere commented that the building has won two awards already for the historic preservation effort. 3 Page 439 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 Vice Mayor Hay stated job well done and back in 2007 he was the deciding vote to renovate the Old High School. They made the dream a reality and he thanked them. Mayor Hay commented that he remembers being at the old City Hall and the vote was three to two in favor of tearing down the building. One of the reasons he ran for Mayor was preserving the old high school. C. The City Commission Meeting originally scheduled for Tuesday, September 7, 2021 will be heldon Wednesday, September 8, 2021 at 5:30 p.m. Budget Hearings to adopt the FY 2021/22 Budget Hearings will be held during the City Commission Meetings on Wednesday, September 8, 2021 at 5:30 p.m. and Tuesday, September21 , 2021 at 5:30 p.m. in the City Commission Chambers. Mayor Grant announced the Budget Hearing dates and times. D. Announcement by Chelsea Sanabia, Marketing & Events Coordinator, regarding the 2021 "1 Havea Dream" event. Chelsea Sanabia, Marketing and Events Coordinator, announced the "I Have a Dream" event. The event will be held on Saturday August 28th from 12 p.m. to 4 p.m. at Centennial Park and Amphitheater in Downtown Boynton. Student art work will be displayed for two weeks at the Arts and Cultural Center. The opening reception will be on Friday, August 27 from 5:30 p.m. to 6:30 p.m. The event will also include music and performances, children's activities, food vendors, Johnson and Johnson Covid 19 vaccines. This is a free community event. Parking is available in Town Square at the parking lot east of the Schoolhouse Children's Museum. In addition, free transportation will be available from Sara Sims Park. Dozens of volunteers are needed. Please visit www.Boynton-beach.org/dream for more information. E. Proclaim August as Women's Equality Day. Angela Cruz, of the Women's League of Voters will be accepting the proclamation. Angela Cruz accepted the proclamation on behalf of the Women's League of Voters. She thanked the City for recognizing the 101 years of women's right to vote. She gave special recognition to Commissioner Romelus, the City Manager and the City Clerk for their service. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair,this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Ernest Mignoli, 710 NE 7th Street, stated he is concerned with the 40-year recertification of building safety. The recertification of building safety is needed in Boynton Beach. He 4 Page 440 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 currently lives in a building that is 42 years old and is located on the Intracoastal. The building constantly floods, and there are issues with the roof and walls. He requested that the City help with the building where he lives. There are 28 units and they need some help. City Manager LaVerriere stated that Mr. Temple, Director of Development, has spoken with the HOA, and the building has been cited. The City's Building Official has requested a structural report. Mr. Temple told her that the there is no imminent danger, but there are things that need to addressed and fixed. She asked Mr. Mignoli if he was aware that the City has looked at the building and that the Association has been in touch with the City's building official. Mr. Mignoli replied yes, the City did put up notices and the Association has torn them down. The Association is refusing to let the residents know what the citations were for. City Manager LaVerriere stated that City citations are public records and the City can share that information with him as it certainly is not private or confidential. She asked that Mr. Mignoli contact her tomorrow and she will get that information for him. 5. Administrative A. Approve the request of Vice Mayor Hay to distribute $1 ,450.00 of his Community Support Funds to the Boynton Beach Bulldogs football team. Mayor Grant requested a copy of the game schedule. City Manager LaVerriere stated Mr. Young should have the schedule available for him. They are playing the biggest game of the season this week. Vice Mayor Hay stated that the Bulldogs will be playing Delray Beach; he believes either Thursday or Saturday. City Manager LaVerriere commented that she will get the schedule out to the Commission first thing in the morning. Commissioner Penserga inquired if the vaccination bus will be on site during the game. City Manager LaVerriere replied that it will be at the "I Have a Dream" Event, she will reach out to them in the morning, yet she has a feeling it is too short notice for something that is in high demand. Motion Commissioner Katz moved to approve Vice Mayor Hay's request. Commissioner Romelus seconded the motion. The motion passed unanimously. 5 Page 441 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 B. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Motion Vice Mayor Hay nominated London Nelson as a member to the Affordable Housing Advisory Committee. Commissioner Penserga seconded the motion. The motion passed unanimously. Commissioner Romelus inquired if the positions on the board need to be filled before activating. City Manager LaVerriere stated the board will be activated once there are enough members for a quorum. Commissioner Romelus requested a list of the positions that are available for the Affordable Housing Advisory Committee. Mara Frederiksen, Director of Finance, stated that staff is reaching out to previous members of the board that was in effect in 2011. Marketing is also working on a campaign. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for August 17, 2021 - "Request for Extensions and/or Piggybacks." B. Accept the written report to the Commission for purchases over $10,000 for the month of July 2021 . C. Proposed Resolution No. R21-101 -Approve and authorize City Manager to sign an agreement with Track Star International, Inc. for the purchase of Track Star AVLS Shared Hosted Services and GPS Devices for the Police Department via sole source purchase in the amount of $43,045. D. Proposed Resolution No. R21-102 -Approve and authorize the City Manager to sign a Master Services Purchase Agreement with AXON Enterprise, Inc., for the purchase of equipment and services for the Axon Interview 6 Page 442 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 software system in the amount of $70,851.39 which will be broken down into two phases. Phase 1: $32,731.00 Phase 2: $38,120.39 E. Proposed Resolution No. R21-103 -Approve and authorize the City Manager to sign an Interlocal Agreement for an EMS Grant to Boynton Beach Fire Rescue in an amount not to exceed $20,279.74 to reimburse the City for its purchase of Twenty-six (26) Microsoft Surface Tablets. Item was removed from the agenda. F. Authorize the Finance Department to reduce the allowance for uncollectible accounts and the account receivable accounts for Utility and Residential Solid Waste by $92,545.58. This amountconsists of unpaid utility and solid waste billings, miscellaneous charges (late fees, penalties, service adjustments), taxes and other adjustments, that have been in collections from FY 17/18 and FY 18/19. Vice Mayor Hay pulled item. G. Authorize the Finance Department to reduce the allowance for uncollectible accounts and theaccount receivable accounts for Solid Waste Roll-offs and Commercial accounts by $44,687.03.The amount includes unpaid roll-off, special pickups, and compactors that have been in collectionsfrom FY 15/16 and FY 16/17. Vice Mayor Hay pulled item Vice Mayor Hay stated that he pulled these items to have them explained so that the general public understands what is happening and that the dollars are not totally lost. Ms. Frederiksen, commented that both of these items are write-offs of accounts that are already sitting in uncollectable balances. There is no effect on the financial statement. If the residents or users of these write-offs come back to the City and use these services they would have to pay the outstanding debt. She would like to commend staff for working diligently on reducing the write-off amounts. Vice Mayor Hay stated that the success of this program is phenomenal. City Manager LaVerriere commented the new process has been in place for a couple of years and has really help the City and the residents. Commissioner Romelus inquired if the City helped those who suffered financial difficulties during the pandemic. Ms. Frederiksen stated the City has, there are different options for them during that time period. Customer Relations worked with customers in setting up payment plans. Shut offs were discontinued for a certain amount of time. City Manager LaVerriere commented if the City could not help a resident, they were 7 Page 443 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 directed to the County. The City will be able to continue to help with ARPA money. Motion Vice Mayor Hay moved to approve Items 6F and 6G. Commissioner Penserga seconded the motion. The motion passed unanimously. H. Approve Award of Bid No. 089-2821-21 for "Discrete Analyzer and Maintenance" to SealAnalytical Inc. as the lowest responsive and responsible bidder in the amount of $35,760.00. I. Approve Amendment No. 1 to Task Order UT-2A-02 with Jacobs (formerly CH2M Hill Engineers) in the amount of $44,676 in accordance with RFQ No. 047-2821-17/TP, General Consulting Services Contract, Scope Category A awarded by City Commission on September 7, 2018 foradditional tasks associated with Pilot Testing and Improvements to Pre-Treatment and NF Membrane Skids at the West Water Treatment Plant. J. Approve a change to Task Order UT-1 E-03 with Gentile Glas Holloway O'Mahoney and Associates, Inc. in the amount of $144,374.50 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to design a pedestrian crossing of Federal Highway from the Senior Center to the Historic Woman's Club of Boynton Beach (HWCBB) and to design the Senior Center parking lot. Item was moved to Consent Bids and purchases over$100,000 as item 7D. K. Approve Task Order UT-2E-05 with Alexis Knight Architects in the amount of $58,423 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to prepare design drawings for landscaping, roadway, and lighting improvements on West Ocean Avenue from NW 3rd Street to S. Seacrest Boulevard. L. Approve minutes from the City Commission Budget Workshop on July 13, 2021 and the City Commission meeting on August 3, 2021 . Motion Commissioner Penserga moved to approve the remainder of the Consent Agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. Consent Bids And Purchases Over $100,000 A. Approve award of Annual Supply of Pipe Fittings and Accessories Bid # 8 Page 444 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 084-1412-21 to all three (3) of the following companies; Core and Main, Ferguson Enterprises and Fortiline Inc. with an estimated annual expenditure of $220,000. B. Approve utilizing City of Boca Raton, Florida Bid No. 2021-014 with Waterfield Florida Staffing,LLC d/b/a Staffing Connection for School Crossing Guard Service, and issuing a Purchase Order for an estimated annual cost of $368,064. The City of Boca Raton's procurement process satisfied the City's competitive bid requirements. Commissioner Penserga pulled item. Commissioner Penserga asked where the crossing guards are located. Michael Gregory, Police Chief, stated the Police Department works with the School Board regarding the locations. There is a requirement that there is a crosswalk and a traffic light for the guards to work with safely. It has been determined in the past just to set up at any location. The last location was set up at Rolling Green Elementary School. The Police Department coordinates closely with the school district and the school principal once the school district does their part the Police Department requests additional funding. Commissioner Penserga stated that residents have told him that there are no crosswalks and the kids are crossing the street. As he receives these concerns from the parents, he will forward them to Chief Gregory. Vice Mayor Hay stated that he is concerned that the City may run out of funds to pay for the crossing guards because the school board dictates where the guards are needed. He feels that the City should have some input since they pay the bill. Chief Gregory stated that since the Police Department has been funding the crossing guards there has been little increase in the pricing. City Manager LaVerriere stated that the City has the final say on where to place a guard. Commissioner Penserga asked if the contract allows the flexibility of hiring the additional crossing guards if needed. Chief Gregory stated that they can increase the number of crossing guards as long as it does not exceed the purchase order. If it does, it will be brought back to the Commission for approval to increase the purchase order. Mayor Grant asked if the City has student counts, so that the City does not have a crossing guards with no students crossing the street. Chief Gregory replied that the Police Department monitors the crossing locations at random and does site inspections. The Police Department does not have the numbers for the expected number of students who cross a certain street. 9 Page 445 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 Mayor Grant requested a map of the crossing guards' locations. Motion Commissioner Penserga moved to approve the Item 7B. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. Approve utilizing the Palm Beach County, FL Term Contract# 21044 with Sulphuric Acid Trading Company, Inc, (SATCO) of Tampa FL for the purchase of sulfuric acid for a total estimated expenditure of $325,000.00. The Palm Beach County contract satisfies the City's purchasing requirements. D. Approve a change to Task Order UT-1 E-03 with Gentile Glas Holloway O'Mahoney and Associates, Inc. in the amount of $144,374.50 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to design a pedestrian crossing of Federal Highway from the Senior Center to the Historic Woman's Club of Boynton Beach (HWCBB) and to design the Senior Center parking lot. Mayor Grant pulled this item. Mayor Grant inquired if the number of parking spaces is 83. Gary Dunmyer, Interim Director of Engineering, stated that the total that he has is 79. Currently there are 19 parking spaces in front of the Woman's Club. Mayor Grant asked if the FDOT has given the City written approval. Mr. Dunmyer replied that the consultants did a drawing that the FDOT would approve. They did receive the approval, it is not in writing. Mayor Grant stated his concern is that the City spends all this money and then FDOT changes their mind. He suggested that FDOT be informed that this project has been approved and that the City is moving forward. What are the safety features that are going to be installed at the crossing? Mr. Dunmyer stated that there will be beacons that are pedestrian activated and stop traffic and then the pedestrians can cross. Mayor Grant inquired if the lights will be flashing or solid red. Mr. Dunmyer stated that it will be a solid red light. Motion Vice Mayor Hay moved to approve Item 7D. Commissioner Penserga seconded the 10 Page 446 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 21-024 - Second Reading. Amending the City's candidate qualifying dates to be from Noon on the second Tuesday in November to Noon on the fourth Tuesday in November. City Attorney Cherof read Proposed Ordinance No. 21-024 by title only on Second Reading. Motion Commissioner Romelus moved to approve Ordinance No. 21-024 on Second Reading. Vice Mayor Hay seconded the motion. Mayor Grant inquired if the City Clerk will be providing an updated list of polling locations. City Clerk Gibson stated that she will be supplying the Commission with the polling locations for their approval. Commissioner Katz inquired will the City be able to maintain the number of locations with the changes. Mayor Grant suggested looking at the turnout numbers for the 2020 municipal election prior to moving voting locations. City Clerk Gibson stated the Supervisor of Elections (SOE) is available to come speak before the Commission to explain the precautionary procedures they have in place due to Covid. Mayor Grant requested the SOE be at a City event with practice ballots so residents learn how to fill out a ballot. City Clerk Gibson stated that she is arranging for the SOE for the October 5t" Commission Meeting. She will ask the SOE to bring information regarding practice ballots and how to fill them out. Vote City Clerk Gibson called the roll. The vote was 5-0. 11 Page 447 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 9. City Manager's Report A. Consider use of ARPA funds (up to $500,000) for participation in a public auction of 35 CherryHill lots owned by the Palm Beach County Housing Authority. Further, consider adoption of an ILA with the BBCRA to provide this funding to assist with the acquisition of said properties. City Manager LaVerriere stated that the City has been working with the Housing Authority to move forward with disposing the vacant lots in Cherry Hill. The Housing Authority has received approval from HUD (Housing and Urban Development) to dispose of the land. The disposal method chosen was to place the land up for auction. The CRA and the City will be participating in the auction. The CRA had an appraisal done on the land. It is worth approximately $900,000. The CRA has already designated $500,000 of their budget towards the purchase of the land. The City would like to utilize some of the ARPA funds to purchase as many of the vacant lots as possible. Commissioner Katz stated that he supports the use of ARPA funds to purchase the vacant lots. Thuy Shutt, Interim Executive Director CRA, stated that she has been in contact with the Housing Authority on a regular basis and received some clarification on their package. She is still waiting for some of the final requirements for registration. The CRA has requested a special meeting for the Interlocal Agreement (ILA). This is a good opportunity for the CRA and the City to move forward and develop the vacant lots. Vice Mayor Hay commented that he supports the ILA and the development of the vacant lots. City Manager LaVerriere commented that the auction is on September 14th and the CRA is requesting a special meeting 15 minutes prior to the City Commission Meeting on September 8th to approve the ILA. Mayor Grant inquired when the auction would end. Ms. Shutt replied that it will start on September 14th at 10 a.m. and end on September 15th at 10 a.m. Mayor Grant requested information on the bidding process. It is his understanding that within the 24-hour period they can be out bid. Ms. Shutt stated she asked about the maximum amount of? time for each lot. The representative from Fisher Auction did indicate that there is a five-minute increment for each lot. Mayor Grant asked for clarification on the five-minute increments. Ms. Shutt replied that when the bidding starts, lot one will have five-minutes, then they 12 Page 448 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 will start bidding on lot two for five-minutes. There will be five-minute increments for each lot. Vice Mayor Hay asked who will be conducting the auction. City Manager LaVerriere responded that the Housing Authority has hired an auctioneer company Lamar Fisher that will be conducting the online auction. Commissioner Romelus thanked Candace Walls, Executive Assistant, for her hard work and participation to make this happen. She also thanked those who work behind the scenes. Motion Vice Mayor moved to approve the use of $500,000 of ARPA funds to purchase the vacant lots in the Cherry Hill area. Commissioner Penserga seconded the motion. The motion passed unanimously. B. Discuss activation of the Historic Woman's Club of Boynton Beach. Kathryn Matos, Assistant City Manager, stated that CRA transferred the Woman's Club over to the City earlier this year. The City has spent several months working on a construction plan that will start October 1 st for the next three fiscal years. The construction plan for the first year includes installing Wi-Fi, security improvements, replacing the restrooms and the elevator. Then in the following two years, construction of crosswalks and the HVAC replacement will occur. The building is open and is being rented regularly without a marketing plan in place. Staff has worked with a consultant the last couple of months to do an analysis of the building and they also brought in event planning vendors, caterers and event rental companies as a focus group to provide feedback on the building - what would enhance it and what would make it useful. The feedback on the building was incredible. It is the best kept secret and they are excited about using the building. Based on the consultant's recommendations, staff recommends that the building be used primarily for event rentals and occasional City programming. The ideas are endless from weddings to business meetings. The estimated cost of keeping the building open, not including personnel to staff the building, is $70,000 a year. A conservative estimate for revenue would be approximately $120,000 a year. In Fiscal Year 2022-2023 they will be hiring a consultant to assist with business development and marketing of the space. Currently, the City is receiving calls all the time and the building is booked without doing business development and marketing of the space. Mayor Grant inquired if staff reached out to tourism or museum vendors as well as the Discover the Palm Beaches for their input on what the building could be used for. Ms. Matos stated no. Mayor Grant asked if the consultant reached out to any museums or museum operators 13 Page 449 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 to determine if this could work. Ms. Matos stated no. Mayor Grant commented that staff only looked at one aspect of this facility and he disagreed with the way staff took this. This is the only public Addison Mizner building and he wants it to be open to the public. The Historical Society stated that this building should be used: it is not meant just for weekends it is meant for everyday use. Ms. Matos stated it is not just for weddings but that is one of many ideas. It would be used for City programming. So, there would be City orchestrated events that would be open to the public. The idea that on the weekends it would be revenue generating to maintain it as a community asset and available to the community as well. Mayor Grant stated the cost is still less then the Children's Museum. He would like to hear from the Surfing Museum and if they are still interested in the space and what they would propose. Ms. Matos commented that staff is working with the Surfing Museum and have a couple locations and staff is waiting to see what happens with the LOIs (Letters of Interest) that have been submitted on couple different locations. The City is doing what they can to help the Surfing Museum find a location in the City. The feedback from most of the vendors was that sharing the space would take away value of an event venue. Mayor Grant maintained that he would like to hear from the Surfing Museum. They have attended several meetings and they have unanimous approval from the Parks and Recreation Board to use the building. Tom Warnke, 2780 Worcester Road, Executive Director of the Surfing Florida Museum, commented that based on the information provided by City staff, it is clear that they believe the Woman's Club building will make money for the City if the building is left as is after the improvements. Although this is a disappointment to the Board of Trustees, they are hopeful that this dream can still come true somewhere in Boynton Beach. He thanked the City and the CRA for the support that they are able to provide. Mayor Grant questioned if they did not want the space anymore. Mr. Warnke stated he is not saying that. City staff and he have had a couple of meetings. At those meetings, it was obvious that if the city rents out the building for events three or four times a week, especially weddings and if they want to have a rehearsal dinner on Friday evening, if we have a big display upstairs, especially, that would have to be moved back and forth too many times, it would not be feasible. So, he is convinced of that. The activation survey that was done, they asked the event planners whether our exhibit downstairs in the east room would be a detriment to leasing the building for weddings and so forth, so, that was the question that was asked. Whether or not we could still have a 14 Page 450 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 presence in the building and not interfere with events would be a question. But, in the survey that was conducted, it was not asked whether or not the Surfing Museum would be an enhancement to bring in events that would not necessarily be interested in a blank slate. So, he is not here to protest the staff recommendation. He is here to hope that they can provide, or that the City can help provide a location, permanent location, for the museum. Also, if the Woman's Club is utilized for weddings and special events over the next couple of years and it does not work out, like has already happened in the past, then we are going to be standing by, hopefully, to still relocate in the City. They want to be a good neighbor and not protest the results of what has already happened. City Manager LaVerriere stated for clarification that she is looking at the survey and it asked "how do you feel about an on-site themed attraction in the east room would effect rental." When people want to rent the building, they want the entire building. The City has worked with Mr. Warnke and have identified other locations for the Surfing Museum. The Museum's concept and collection is impressive the City wants to help them find a home here. Vice Mayor Hay stated he supports the City Manager. The City needs to maintain these buildings and we have a revenue on the conservative side of$120,000 and it cost$70,000 to maintain and it makes sense. The City does need to find another place for the Surfing Museum. Mayor Grant feels that if the question was how do you feel about a beach theme attraction the response would have been different. City Manager LaVerriere commented that she believes that was part of the conversation and the response was "we want a vanilla shell where they can create anything they want". There will be a Halloween wedding there in October. Mayor Grant stated these are people who make money buy selling decor. There is a bias. He asked if the City is paying for the ice machine, microwave, food warmers and the ovens? City Manager LaVerriere commented that the City will have to, the $250,000 that was allocated from the CRA for the three years will be spent on the larger projects. Mayor Grant inquired how long will the site not be usable because of the elevator. City Manager LaVerriere responded that the construction on the elevator and the bathrooms start in April. The building will be shut down for about six months. Mayor Grant stated that he is in favor of the Surfing Museum so people can come here and learn about Boynton Beach. The City does have other catering halls. He would like a motion from the Commission on his request. 15 Page 451 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 Commissioner Romelus stated that she agrees with the Mayor the Surfing Museum would add to the City. She feels that there are other locations in the City were the Surfing Museum would work. If she was a getting at the Woman's Club she would not want to see surf boards, she would want to see beautiful decors. A blank shell would make it easier for anyone having an event there. The highest and best use for the Woman's Club would be to allow individual events create what they want for decor and then return it to the way they found it. Motion Commissioner Romelus moved to approve using the Historical Woman's Club as an event space as presented by staff. Vice Mayor Hay seconded the motion. Motion passed 4-1 (Mayor Grant dissenting.) 10. Unfinished Business A. Monthly update on the Town Square Project by JKM Developers attached. Mayor Grant asked if staff has received a revised site plan. City Attorney Cherof stated that it is his understanding that it is a major modification and it will be brought to the Commission once processed. B. Receive update and status of funding efforts by Lutheran Services of Florida (Head Start) to relocate from the existing location at 909 NE 3rd Street and discuss terms for purchase and saleagreement and new lease agreement. Andrew Mack, Assistant City Manager-Public Services, stated this item is a continuation from the July 6t" meeting. Staff has continued discussion with Lutheran Services regarding the Head Start location. Staff and representatives from Lutheran Services are here to answer any questions the Commission might have. Commissioner Katz commented that the Commission should direct staff to assist with the relocation of Head Start. Vice Mayor Hay stated that he is in favor in moving ahead with assisting Lutheran Services. Mayor Grant inquired if Lutheran Services has received written confirmation from HUD regarding the modular units. Julian Serrano, Executive Director of Head Start at Lutheran Services Florida, replied that they have not received information regarding the modular units, they did receive information on funding for the program. 16 Page 452 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 Mayor Grant asked if services still can be provided at the current location. Mr. Serrano replied that proposal was submitted last year and they have received of an award of$950,000 for this purpose. Mayor Grant inquired it the money was for the programming or for the modular units. Mr. Serrano responded the funding is for the modular units, we do have the money to provide services. They are also requested from the federal government that $458,000 from this year to carry over to use for the modular units. They have received permission to use $96,000 for land. Mayor Grant stated that he has spoken with HUD representatives out of Atlanta and Jacksonville, and doing some math, even if we sold the property for $1 M. If daycare is at $10,000 a year, that would only provide 100 families with daycare for one year, which is not necessarily a good service. The fact that the Lutheran Services of Florida is able to provide pre-daycare for multiple years, decades, and hopefully perpetuity is what he is very excited about. Although he was sad to hear that it is only meant for people under the poverty line and that people who are above the poverty limit are not allowed to go to Head Start. He asked if that was correct? Mr. Serrano replied that it is not completely correct, it is a percentage. Mayor Grant stated that the federal government does not want to mix incomes, which he does not think is correct, if you have space to teach kids, you should be able to teach them, regardless of their parents' income. Commissioner Romelus commented that she is happy that the City has partnered with Head Start. She is excited that they are able to accept the land that the City is going to convey to them for their new location. C. Discussion only of draft Ordinance No. 21-020 - Discussion of Ordinance creating Monument Policy for the City. (Tabled from the June 15, 2021 City Commission Meeting) Motion Vice Mayor Hay moved to remove Ordinance No. 21-020 from the table for discussion only. Commissioner Katz seconded the motion. City Attorney Cherof explained that this is back before the Commission not as an ordinance for first reading, but as a draft of the ordinance that the Commission saw back in June. He feels that there is more information needed from the Commission regarding goals and objectives. The Commission should be mindful of societal goals and objectives 17 Page 453 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 and that points of view change over time. Commissioner Katz stated he has come to the position that he does not want to support any version of this for a couple of reasons. Some of it stems from our conversation last time. He fears that whoever would be deciding what monuments were permissible would open a can of worms. The Commission received an e-mail, from someone who wanted the City to celebrate a white history month and a heterosexual love month. He is sure they have their motives. His belief is that it is some weird attempt to call that equality, an equal treatment under the law, but he worries that logic under a set of rules that would not allow the Commission to say maybe you have an alternative motive and would allow monuments of conflicting or otherwise offensive views to be put in our parks. Allowing people to turn our public spaces into parks for these people, or this group. This has stemmed from one resident requesting a monument and it snowballed into a monument policy discussion. During the five years he has been a Commissioner he has not had a single resident ask about monument policies. He has spoken with some of the residents and they are concerned this would make public spaces co-op by different groups for different purposes. It takes away from the nature of a public space. Mayor Grant stated that he was recently in Washington, DC. The aspect of the monuments there gives you reverence and pride to be an American looking at Ulysses S Grant in front of the Capitol building, the Washington Monument. The Jefferson Memorial, the Lincoln Memorial, those are things that add culture and history to ourselves, as a country. He is not going to rule out the ability for the City to honor and to remember the cultural aspect of Boynton Beach. It is our former high school athlete, Lamar Jackson, winning the Heisman Trophy, winning the MVP, Jessica Ramsay, going to the Olympics and making it to the Finals in Shotput. There are the aspects of the history of Boynton Beach and the State of Florida that he feels something that we should move forward with. Based upon what Commissioner Katz is saying, is that he would not want to have the Veterans Park there because the monuments are there to honor the military. Commissioner Katz remarked that he definitely did not say that. Mayor Grant stated so you are ok with some monuments. Commissioner Katz commented that he thinks that this City Commission currently has the right to vote and erect monuments, dedicate parks, make crosswalks commemorating groups of individuals, we want to recognize. He does not support turning it over to a formal process whereby anyone could recommend anything. Mayor Grant clarified that Commissioner Katz is the position that if a resident wants a monument built to come to the Commission directly for approval and have staff go through the direction of the Commission. He is not saying no monuments you are saying no to this procedure. Commissioner Katz agreed and believes that is what the current policy is. 18 Page 454 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 Mayor Grant asked if that is the current policy that the City Commission is able to approve an idea of a monument and have the City plan with the organization or individual. City Attorney Cherof replied that structure currently exists. Mayor Grant inquired if the Commission agreed with that policy. Vice Mayor Hay stated the policy is fine the way it is. Commissioner Penserga requested clarification on what was being agreed upon. Mayor Grant replied that the current policy is for individuals to propose an idea of a monument in a location and bring it to the Commission to move forward with the plan is something that is open to everyone and it should not be the formal policy that is outlined in Section Six the review process, where there is a monuments administrator that conducts the review. Before anything that the City does, the City Commission should be able to review it and have a public discussion on it before there is an application or any sort of planning by the City. It is open to the public to give us ideas of what they would like. Commissioner Penserga commented do we want to have monuments or statues, in general? What he is hearing is a confusing for him because part of what he is hearing is that, we do not need this policy that is been brave enough, because right now, anybody could come to us and make the proposal and let us be the deciding body. You are suggesting, there is no need for a separate policy. We have a system in place. Anybody can just come, make a presentation. We decide right here, amongst the five of us. Mayor Grant stated that the idea would be something that the Commission would approve and then the plan of the monument, the funding of the monument, and then the implementation or the three other aspects. The City Commission does notjust necessarily approve an idea of a monument. There are all the other aspects of it being able to withstand a hurricane as all of our other sculptures. Commissioner Penserga stated that he wants to specify a couple of things. One, he likes the idea of having a written policy. We need to shape it in the way that we would like, but he wants to make sure that there is a clear process. If you do not like the process that is described there, then we can change it. There are some good things in this proposal, such as getting community feedback. The other point that he wanted to make more broadly is that we really need is to think big picture, the last time we discussed this he gave some very specific feedback, and we all went line by line. We should probably hear from what other cities are doing, because this situation has been figured out. We do not need to re-invent the wheel. There have been controversial situations, but, by and large, people have put together safeguards and best practices for them. He would like to ask staff to survey what major cities are doing and how they handle, their statues and 19 Page 455 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 monuments policy. He asked City Attorney Cherof when you put together this draft did you take a look at what major cities were doing? City Attorney Cherof replied yes, that is what most of this language derives from. He said he probably read 30 or 40 different municipal policies, as well as some federal regulations regarding monument's procedures for doing it. What the Commission is reading is not something he thought of when he woke up in the middle of the night; he stayed up until the middle of the night. Commissioner Penserga stated it would be most helpful if we began with big picture questions. Do we need a separate policy, or do we not, maybe that is the first part of this conversation? Mayor Grant commented based upon what Commissioner Katz said in regards to not turning down ideas and allowing people to come to the public comments an audience and saying, this is the idea that he has: That is something we already have built-in into our meetings. This Commission, based upon our own rules, we require the consensus of the Commission to put items on the agenda that is the first step. If the Commission wants to have a more than a three-minute discussion on an item, there is a consensus of three or more. We can have that discussion and then move forward with the steps of planning funding and implementing that monument because maybe it is City initiated. Commissioner Penserga stated that he is very much in favor of what the City Attorney has put together. Yes, we need to tweak it and make all those changes. What he interpreted from reading the draft ordinance are protections in place. He thinks those are good things. We want to make sure that the monument' send a message of inclusion and its education, and it does not favor one religion or another. By having that kind of policy, it prevents those difficult situations that Commissioner Katz was concerned about. He thinks some version of this ordinance is a good thing, and it alleviates some of our worries. He supports having a draft ordinance. But if the Commission is comfortable with anybody just coming here, that is okay with him as well. Mayor Grant inquired if Commissioner Katz, agreed with the review process as he kind of have proposed with the language that is already there? Commissioner Katz replied that he sees merit on both sides. He thought that was what was interesting about this whole monument policy that it is 100% subjective. There might be best practices, or some examples of what has worked. There is no right and wrong way to do this. If you remember, when the individual came in to propose a monument that spawned all this, his initial position was wait a minute. We need to have some, some rules. That is what moved this forward. As he thought more about it, it is one individual who came in, and we can review their proposal based on its substance and decide what to do. If we create a formal process, he feels it will invite people to submit more and open the door to the controversy that he fears. His base position is, if someone wants us to consider something that they come in, they submit something, we deliberate over it as a 20 Page 456 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 board, as we have in the past. He does not want to invite people to start claiming places in the City as their own. Because once we let we might deem no good causes in. It opens the door for that argument of how did you let this group do it but not this viewpoint? He thinks that the Commission has total control over it. If we make a policy, we are defining rules that people could exploit or abuse in the name of equality are what some people have proposed some ridiculous ideas under. We could always decide on a case-by-case basis, if we want to have community input. We have control over that, or a future Commission has control. What we decide in this policy will take control away from future Commissions. Commissioner Romelus stated she was definitely leaning towards Commissioner Penserga in terms of wanting to have something that is outlined, that is clear, and that people can follow. She thinks Commissioner Katz makes a very strong point and that the fact that we would outline it and spotlight, invites the opportunity for somebody to find a loophole. She thinks that is probably the part that the Commission wants to avoid. In essence, the only reason we went down, this whole rabbit hole was for somebody who brought forward an idea and we were to deliberate. In trying to decide, we were trying a blanket resolution, to the request that he made in terms of, okay, how do we address requests like this in the future. She thinks we may be trying to solve a problem that does not necessarily exist. Whereas, in the five, nearly six years that she has been a Commissioner that was the only time she ever had a request for a monument with the exception of course of, of the Veterans Park. She thinks it may be a little heavy handed to try to pass this ordinance with just one request that came before the Board. By passing this ordinance again, it opens the door and invites many others to propose many things that then can get lost. The point she is trying to make is we should just leave well enough alone. Commissioner Penserga commented he respects his colleagues and their point of view, but he just wanted to say that he respectfully disagree by having these guidelines. It talks about what kind of things people could submit, and how you would handle it, and who would pay for it, and what kind of materials, and what the review process is. He does not think that it is going to invite a flood of people coming in left and right. What these guidelines do, or what this proposed ordinance would do, is essentially create a filter, to prevent exactly the worry, that has been expressed here, without these filters, without these guidelines, without these parameters, anybody could come here and present anything, and it can be an entirely political decision, who's friends with whom, and who likes what. He thought that this process essentially pretty much guided that. It looked for specifications and made sure that the message was always inclusive and non- controversial. Yes, it is true that one individual did bring forward an idea for a monument. He does not think that is a negative for trying to be proactive and having a policy in place again, that filters and prevents those controversial situations. It is very clear here about what kinds of statues, monuments are possible. Should it become controversial then they must be changed. Mayor Grant inquired if there was a policy on naming producer. 21 Page 457 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 City Manager LaVerriere responded that there is an ordinance for a naming rights procedure. The Commission has to consider the name then send it to an advisory board, typically the Recreations and Parks Board. The Board makes recommendations and brings it back to the Commission. Mayor Grant suggested having the monument ordinance be similar to the naming rights ordinance. Vice Mayor Hay commented what the City Attorney has put together covers as many cases as we can think of right now. It is possible that in the future the ordinance may need to be changed. Commissioner Romelus stated the problem right now is that we do not know what the future holds. She thinks that the Commission is over correcting for a problem that does not necessarily exist. Vice Mayor Hay stated that Commissioner Romelus is right. There is no wrong or right. The Commission needs to decide on what will fit overall. He is in favor of just leaving it alone. There was a consensus to have the naming rights ordinance reviewed so that the monument ordinance would be similar. City Attorney Cherof stated he will circulate the naming rights guidelines to the Commission. In the interim, the Commission should use bullet points between lines 86 and 94 when deciding to move an item forward to the Commission. Mildred Hay, 427 NW 5t" Avenue, stated that she goes to public parks for relaxing, enjoyment and entertainment. She does not go to the parks to recognize anything. In fact, she goes to the park to get away from everything. Monuments do not belong in the parks. Everything does not have to be symbolized or recognized. A park is to recognize relaxation. Some things do not have to change, this is not broken. But it will be broken if the City starts putting monuments in the parks that have nothing to do with recreation. Mayor Grant inquired if there has been any progress in having Vice Mayor Hay's sister's name added to the plaque at Heritage Park. City Manager LaVerriere replied no and there is room on the plaque to do that. She will get with Assistant City Manager Mack to have that done. She believes there were two names to be added. Mayor Grant stated that he recommended former Vice Mayor and Commissioner Mack McCray be the second name to be added. 22 Page 458 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 City Manager LaVerriere asked if the Commission voted on that. Mayor Grant replied he does not think they voted on it, staff never got back to the Commission. City Manager LaVerriere stated that it can be done and the Commission was informed of that. There is room for six to seven names on the existing plaque. 11. New Business A. Per Mayor Grant's request, staff has prepared some preliminary information for a discussion byCity Commission on timeline, Commission Workshop and issuing of a Parks and Recreation bond referendum for the March 2022 election. Mara Frederiksen, Director of Finance, explained the layout of the preliminary schedule. September 1St is only two weeks away and it does lay out your workshop on what parks would be including, what funding is needed and it would have to be marketed to have resident buy-in. December 1St is the deadline to have the referendum to the Supervisor of Elections. City Manager LaVerriere stated that it is a very aggressive schedule but it is possible. Commissioner Penserga stated this a good idea. What investments are being made and what is the vision. He is concerned that there is only one public input meeting. He would like to have multiple meetings so there is plenty of opportunity for the public to be heard. Vice Mayor Hay commented to have a bond referendum is a huge undertaking. The City has 29 parks already. He asked why does the City need another park? The City has to maintain those parks. He is not ready to expedite. Mayor Grant commented that this also has to do with the urban tree canopy. This is something the residents should vote on to have excess funding for Parks and Recreation. The 29 parks have not received the same amount of funding during the last few years. This would help move the Eco Park forward. There is the ability to remove vacant land in the City and add value to our residents. The main point is giving this to the residents and letting them vote on it. If the March timeline does not work, he is okay with November. This does not need to be rushed. However, he would like to start it for the residents to vote on. Vice Mayor Hay inquired who is asking for another park. Mayor Grant replied this would make all the parks better. It is not trying to add another park. There is a complete redesign of Pence Park that needs funding. Vice Mayor Hay asked if a cost analysis has been done. Mayor Grant responded that the City has the funding to maintain the park as is. The 23 Page 459 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 City does not have the funding to do a complete redesign. Vice Mayor Hay stated he agrees to discussing this, but not now. Commissioner Katz commented that the timeline of this is a concern. The timeline is tight and the public input opportunity is reduced. He asked if this could be added to the August or November ballot, or if it had to be on the March municipal election. City Manager LaVerriere replied that she thinks the City would have to pay for a special election. Mayor Grant inquired about paying for the special election and if the City would have to pay $100,000. City Manager LaVerriere replied that if it is not a scheduled election that the Supervisor of Elections is running, the City would have to pay for a special election. Commissioner Romelus commented the Commission wants to add it to an existing election and not pay for a special election. Commissioner Katz stated he would like to extend the timeline and have it on the November election. More time would benefit the community. More exposure on this would not hurt. Commissioner Romelus stated the City definitely needs this to improve the parks. The only way to do this right is to get as much public input as possible and to educate the public on why they need to tax themselves to improve the parks. A good marketing campaign would be crucial. She suggested the August election so that it would not get lost on the November ballot. Mayor Grant stated that there are parks in the City that do not get the same amount of attention. These parks are still being maintained at the same cost even though they are not top tier parks. Commissioner Romelus requested from staff a list of improvements and wish list of what needs to be done and a dollar amount. This would help with the bonding as well. Mayor Grant stated that he would like the bond to be from $10M to $20M. Commissioner Penserga recommended that the City hold some public input workshops. He wants the public to be part of this from as early on as possible. The public may have ideas that the Commission and staff will not think of. Mayor Grant asked Ms. Frederiksen if the interest rates are as low as they can be. Ms. Frederiksen responded yes, they are decent. Mayor Grant stated that is the only issue with waiting is that interest rates can increase. 24 Page 460 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 Commissioner Katz stated that the decision between August and November is a decision between making sure that it is prominent on the ballot as Commissioner Romulus said, where there is not going to be 30 constitutional amendments and pages of questions. If it is in August there is prominence on the ballot. The reason for considering November is the turnout is always at its highest Commissioner Romelus asked if the referendum needs to pass with two-thirds majority. Mayor Grant replied it needs to pass with 50% plus one. Commissioner Romelus commented that regardless of the turn out in either August or November, it is still 50%. To that point Commissioner Katz it would not matter what the turnout was as long as they vote is over 50%. Commissioner Katz stated he understands that, just that more people would be voting in November. Jay Glover, PFM Financial Advisors, commented that the Commission is on point with the discussions being had and he does not have any additional input. It is the Commission's discretion as to when to hold the referendum. Mr. Glover pointed out that it would be 90 to 180 days following the referendum it was approve before you are able to issue the bonds and to keep this in mind. City Manager LaVerriere stated that this is not something where staff's going to drive around and look at the parks and make a list. It is going to be hiring a consultant, she would recommend working with Recreation and Parks Board, doing potentially your public input, looking at your master plan. Cost estimating, it is probably an easy $100K contract with a consultant to get this information prepared. It is not something that staff can pull of in the next 30 days. Mayor Grant commented that February would be the time to hire a consultant for the pricing. They will have two to three months to provide pricing and the City will have two to three months to inform the public. City Manager LaVerriere stated that she will meet with the City Clerk backing up from August what the timeline would look like. Mayor Grant commented if it needs to go to November, it can. Or if we find the public does not want this extra tax, then the City can pull the plug before spending the money on a consultant. There was a consensus to move the referendum to August. 12. Legal — None 25 Page 461 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 13. Future Agenda Items A. Select University to conduct Redistricting Study per Charter requirements after each Census - September 8, 2021. B. Approve and authorize an amendment to Franchise Agreement with FLSC, LLC., for the textile recycling program and designate a procedure for use of revenues generated from said contract. - September 8, 2021 C. Staff will present the Communication and Outreach plans for the ARPA funding - September 8,2021 D. The Building Department will present its Outreach Forum Series and Video Initiatives - September8,2021 E. Presentation by Boynton Beach Rugby, Inc. - September 21, 2021 F. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - October, 2021 G. Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - TBD 14. Adjournment There being no further business Mayor Grant adjourned the meeting at 8:51 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor—Woodrow L. Hay Commissioner— Justin Katz Commissioner— Christina L. Romelus 26 Page 462 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 27 Page 463 of 973 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 Commissioner— Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk Tammy Stanzione Deputy City Clerk 28 Page 464 of 973 7.A. Consent Bids and Purchases Over $100,000 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Proposed Resolution No. R21-111 -Approve and authorize the City Manager to sign a letter of Agreement (LOA) with the Agency for Health Care Administration (ANCA)for the State Fiscal Year 21-22 Public Emergency Medical Transportation - Managed Care Option Program. Explanation of Request: This agreement allows the Fire Rescue Department to participate in this program, enabling the City of Boynton Beach to receive additional funding for qualifying medical transports by the Fire Rescue Department. Background information: 1. We have participated in this program for the last five years. 2. The Managed Care Option (MCO) portion of the program started 2 years ago and requires providers to fund 38.97% of the entire funding pool, while the State funds the remaining 61.03%. 3. This funding will result in BBFRD receiving approximately $299.443.70 How will this affect city programs or services? By entering into this agreement, the City will be able to receive additional funding. Fiscal Impact: Non-budgeted participation in this program is estimated to provide an additional $299,443.70 Alternatives: Not sign the LOA and be removed from the program thus eliminating the additional funding. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Continue to provide the highest level of emergency response services to the community. Climate Action Application: N/A Is this a grant? No Grant Amount: Contracts Vendor Name: Public Consulting Group Page 465 of 973 Start Date: 8/20/2019 End Date: 8/19/2022 Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Type Description D Resolution Resolution approving Letter of Agreement for PEMT Funding D Agreement BBFR 21-22 Letter of Agreement D Contract Vendor Contract D Addendum Vendor Contract Addendum D Other PEMT21-22 Projections Page 466 of 973 1 RESOLUTION NO. R21- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO SIGN A LETTER OF AGREEMENT WITH THE 7 AGENCY FOR HEALTH CARE ADMINISTRATION FOR THE 8 STATE FISCAL YEAR 2021-22 FOR THE PUBLIC EMERGENCY 9 MEDICAL TRANSPORTATION (PEMT) MANAGED CARE 10 OPTION (MCO) PROGRAM; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 14 WHEREAS, the Boynton Beach Fire Rescue has participated in the PEMT program 15 for the past five (5)years; and 16 WHEREAS, the Managed Care Option portion of the program started two years ago 17 and requires providers to fund a portion (38.97%) of the entire funding pool while the State 18 funds the remainder; and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 20 recommendation of staff, deems it to be in the best interests of the City residents to approve 21 and authorize the City Manager to sign a Letter of Agreement with The Agency for Health 22 Care Administration (AHCA) to participate in the PEMT MCO Program for the State Fiscal 23 Year 2021-22. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission hereby approves and authorizes the City 30 Manager to sign a Letter of Agreement with The Agency for Health Care Administration 31 (AHCA)to participate in the PEMT MCO Program for the State Fiscal Year 2021-22, a copy S:\CA\RESO\Agreements\LOA with AHCA FY 21-22-Reso.docx Page 467 of 973 32 of the Letter of Agreement is attached hereto as Exhibit"A." 33 Section 3. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this 8th day of September, 2021 35 CITY OF BOYNTON BEACH, FLORIDA 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice Mayor—Woodrow L. Hay 41 42 Commissioner—Justin Katz 43 44 Commissioner—Christina L. Romelus 45 46 Commissioner—Ty Penserga 47 48 VOTE 49 ATTEST: 50 51 52 Crystal Gibson, MMC 53 City Clerk 54 55 56 (Corporate Seal) S:\CA\RESO\Agreements\LOA with AHCA FY 21-22-Reso.docx Page 468 of 973 Public Emergency Medical Transportation Letter of Agreement THIS LETTER OF AGREEMENT(LOA) is made and entered into in duplicate on the day of 2021, by and between Boynton Beach on behalf of Boynton Beach Fire Rescue,and the State of Florida, Agency for Health Care Administration (the "Agency"), for good and valuable consideration, the receipt and sufficiency of which is acknowledged. DEFINITIONS "Intergovernmental Transfers (IGTs)" means transfers of funds from a non-Medicaid governmental entity (e.g., counties, hospital taxing districts, providers operated by state or local government) to the Medicaid agency. IGTs must be compliant with 42 CFR Part 433 Subpart B. "Medicaid" means the medical assistance program authorized by Title XIX of the Social Security Act, 42 US.C. §§ 1396 et seq., and regulations thereunder, as administered in Florida by the Agency. "Public Emergency Medical Transportation (PEMT)," pursuant to the General Appropriation Act, Laws of Florida 2021-111, is the program that provides supplemental payments for eligible Public Emergency Medical Transportation (PEMT)entities that meet specified requirements and provide emergency medical transportation services to Medicaid beneficiaries. A. GENERAL PROVISIONS 1. Per Senate Bill 2500, the General Appropriations Act of State Fiscal Year 2021-2022, passed by the 2021 Florida Legislature, the Boynton Beach and the Agency agree that the Boynton Beach will remit IGT funds to the Agency in an amount not to exceed the total of$191,206.30. The Boynton Beach and the Agency have agreed that these IGT funds will"only be used for the PEMT program. 2. The Boynton Beach will return the signed LOA to the Agency. 3. The Boynton Beach will pay IGT funds to the Agency in an amount not to exceed the total of$191,206.30. The Boynton Beach will transfer payments to the Agency in the following manner: a. Per Florida Statute 409.908, annual payments for the months of July 2021 through June 2022 are due to the Agency no later than October 31, 2021 unless an alternative plan is specifically approved by the agency. b. The Agency will bill the Boynton Beach when payment is due. 4. The Boynton Beach and the Agency agree that the Agency will maintain necessary records and supporting documentation applicable to health services covered by this LOA in accordance with public records laws and established retention schedules. a. AUDITS AND RECORDS i. Boynton Beach agrees to maintain books, records, and documents (including Boynton Beach_Boynton Beach Fire Rescue—PEMT LOA_SFY 2021-22 Page 469 of 973 electronic storage media) pertinent to performance under this LOA in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided. ii. Boynton Beach agrees to assure that these records shall be subject at all reasonable times to inspection, review, or audit by state personnel and other personnel duly authorized by the Agency, as well as by federal personnel. iii. Boynton Beach agrees to comply with public record laws as outlined in section 119.0701, Florida Statutes. b. RETENTION OF RECORDS i. The Boynton Beach agrees to retain all financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to performance under this LOA for a period of six (6) years after termination of this LOA, or if an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings. ii. Persons duly authorized by the Agency and federal auditors shall have full access to and the right to examine any of said records and documents. iii. The rights of access in this section must not be limited to the required retention period but shall last as long as the records are retained. c. MONITORING i. Boynton Beach agrees to permit persons duly authorized by the Agency to inspect any records, papers, and documents of the Boynton Beach which are relevant to this LOA. d. ASSIGNMENT AND SUBCONTRACTS i. The Boynton Beach agrees to neither assign the responsibility of this LOA to another party nor subcontract for any of the work contemplated under this LOA without prior written approval of the Agency. No such approval by the Agency of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the Agency in addition to the total dollar amount agreed upon in this LOA. All such assignments or subcontracts shall be subject to the conditions of this LOA and to any conditions of approval that the Agency shall deem necessary. 5. This LOA may only be amended upon written agreement signed by both parties. The Boynton Beach and the Agency agree that any modifications to this LOA shall be in the same form, namely the exchange of signed copies of a revised LOA. 6. Boynton Beach confirms that there are no pre-arranged agreements (contractual or otherwise) between the respective counties, taxing districts, and/or the providers to re- direct any portion of these aforementioned supplemental payments in order to satisfy non- Medicaid, non-uninsured, and non-underinsured activities. Boynton Beach_Boynton Beach Fire Rescue_PEMT LOA_SFY 2021-22 Page 470 of 973 7. Boynton Beach agrees the following provision shall be included in any agreements between Boynton Beach and local providers where IGT funding is provided pursuant to this LOA. Funding provided in this agreement shall be prioritized so that designated IGT funding shall first be used to fund the Medicaid program and used secondarily for other purposes. 8. This LOA covers the period of July 1, 2021 through June 30, 2022 and shall be terminated June 30, 2022. 9. This LOA may be executed in multiple counterparts, each of which shall constitute an original, and each of which shall be fully binding on any party signing at least one counterpart. PEMT Local Intergovernmental Transfers , Program /Amount State Fiscal Year 2021-2022 Minimum Fee Schedule/MCO IGTs $191,206.30 Total Funding $191,206.30 IN WITNESS WHEREOF, the parties have caused this page Letter of Agreement to be executed by their undersigned officials as duly authorized. Boynton Beach STATE OF FLORIDA,AGENCY FOR HEALTH CARE ADMINISTRATION SIGNED SIGNED BY: BY: NAME: NAME: TITLE: TITLE: DATE: DATE: Boynton Beach_Boynton Beach Fire Rescue_PEMT LOA_SFY 2021-22 Page 471 of 973 R2019 , 1068 CONTRACT, FLORIDA CERTIFIED PUBLIC EXPENDITURE PROGRAM FOR EMERGENCY MEDICAL TRANSPORTATION (PEMT) (Contract No. 19-0201SS) This Contract No. 19-020/SS is made as of this day of AUG 2 0 205 2019, by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY, and Public Consulting Group, Inc., 816 Congress Avenue, Suite 1110, Austin, TX 78701, a corporation authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR. In consideration of the mutual promises contained herein, the COUNTY and the CONTRACTOR agree as follows-, ARTICLE 1 - SERVICES The CONTRACTOR's responsibility under this Contract is to assist the Fire Rescue Department comply with the Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) program requirements in accordance with Exhibit A, Scope of Work/Services, and Exhibit B, CONTRACTOR's proposal dated June 18, 2019, both of which are attached hereto and incorporated herein. The COUNTY's representative/liaison during the performance of this Contract shall be Reginald K. Duren, Fire Rescue Administrator, telephone number (561) 616-7001 or designee. The CONTRACTOR's representative/liaison during the performance of this Contract shall be Marc Staubley, Health Practice Area Director, telephone number (512) 407-9680. ARTICLE 2 - ORDER OF PRECEDENCE Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: (1) the provisions of the Contract, including Exhibit A, (2) the provisions of RFP No. 19-020/SS and all Amendments thereto, which are incorporated into and made a part of this Contract; (3) Exhibit B, CONTRACTOR's proposal dated June 18, 2019; and (4) all other documents, if any, cited herein or incorporated herein by reference. ARTICLE 3 - SCHEDULE The CONTRACTOR shall commence services on August 20, 2019, and complete all services by August 19, 2022, with one (1) two (2) year option for renewal at the sole discretion of the COUNTY. Reports and other items shall be delivered and/or completed in accordance with Exhibit A. 1 Page 472 of 973 ARTICLE 4 - PAYMENTS TO CONTRACTOR A. The total amount to be paid by the COUNTY under this Contract for all services and materials shall not exceed 6% of revenues received as a result of the Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) Program for Emergency Medical Services and Medicaid Managed Care Supplemental Payment. The CONTRACTOR will bill the COUNTY on an "as needed basis" when PEMT Program payments are received by the COUNTY. B. CONTRACTOR shall send ALL ORIGINAL invoices to: PALM BEACH COUNTY FINANCE DEPT., P.O. BOX 4036, WEST PALM BEACH, FL 334024036, with a copy to the COUNTY's representative. Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the COUNTY's representative, indicating that services have been rendered in conformity with the Contract. Approved invoices will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following approval by the COUNTY's representative. Invoices submitted on carbon paper shall not be accepted. In order for the COUNTY to make payment, the CONTRACTOR must ensure that the following information included on Appendix B, Business Information, of Exhibit B, CONTRACTOR's proposal, must be exactly the same as it appears on the invoice and in the COUNTY's Vendor Self Service System, which can be accessed at hiftpLI�V�s C�0- al�rrl_ a..I/ �c y s beac[i.fi.tislwlgpApjL/vssp,/AltSelfService: Vendor's Legal Name, Vendor's Address, and Vendors TIN/FEIN Number. C. Final Invoice: In order for both parties herein to close their books and records, the CONTRACTOR will clearly state "final invoice" on the CONTRACTOR's final/last billing to the COUNTY. This shall constitute CONTRACTOR's certification that all services have been properly performed and all charges and costs have been invoiced to the COUNTY. Any further charges, if not properly included on this final invoice, are waived by the CONTRACTOR. D. In order to do business with Palm Beach County, CONTRACTORS are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department's Vendor Self Service (VSS) System, which can be accessed at [it o, �-/Ibcv�ssco,pa beach.fl.us/wgt���/V�`vss"�S /A,�ItSelfService. If CONTRACTOR intends to use sub- consultants, CONTRACTOR must also ensure that all sub-consultants are registered as consultants in VSS. All subcontractor agreements must include a contractual provision requiring that the sub-consultant register in VSS. COUNTY will not finalize a contract award until the COUNTY has verified that the CONSULTANT and all of its sub-consultants are registered in VSS. 2 Page 473 of 973 ARTICLE 6- PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAILAUDIT REQUIREMENTS Pursuant to Palm Beach County Code, Section 2-421 - 2-440, as amended, Palm Beach County's Office of Inspector General is authorized to review past, present and proposed COUNTY contracts, transactions, accounts, and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the COUNTY, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2421 —2-440, and punished pursuant to Section 125.69, F.S., in the same manner as a second degree misdemeanor. ARTICLE 6 - PERFORMANCE BOND The CONTRACTOR shall furnish, to the COUNTY, a Performance Bond or Clean Irrevocable Letter of Credit (Letter of Credit) in the amount of Five Hundred Thousand Dollars and no cents ($500,000), prior to commencement of work, and shall keep the same in full force and effect during the entire term of this Contract. The CONTRACTOR shall furnish a Performance Bond in a form and format satisfactory to the COUNTY as security for the faithful performance of the Contract, resulting from the award of RFP No. 19-020/SS and for the payment of all costs incurred by the COUNTY to obtain a replacement contract, in the event the CONTRACTOR fails to perform as required under the Contract. The term "COST" as used herein shall include all fees, costs, and expenses arising out of the CONTRACTOR's failure to perform the Contract whether direct, indirect, actual, consequential, or incidental, and shall include attomey's fees and costs, expert witness fees and expenses, and all time incurred by Palm Beach County Fire Rescue Department or the COUNTY's staff. In addition, the Performance Bond shall fully comply with the COUNTY's requirements and format as set forth in Palm Beach County PPM#CW-F-056, the terms of which are incorporated herein by reference. The Performance Bond is to ensure the faithful performance of all the requirements of the Contract RFP No. 19-020/SS, and to save, defend, indemnify, and hold harmless the COUNTY from any and all damages, costs,fees, and expenses either directly or indirectly arising out of any failure to perform the Contract. The Bond shall be issued by a company authorized to do business in the State of Florida and having a currently valid certificate of authority and bonding capacity, as issued by the United States Department of Treasury under 31.U.S.C., sections 9304 through 9308. The CONTRACTOR shall verify with the COUNTY, prior to execution of the Contract, the acceptability of the surety provided thereunder. The attorney-in-fact who signs the Bond must file, with the Bond, a certificate and effective dated copy of power of attorney. The CONTRACTOR must furnish the executed Bond prior to the COUNTY's approval of Contract. 3 Page 474 of 973 A cashes check or Letter of Credit, from a financial institution with a rating deemed acceptable by the COUNTY, may be provided in lieu of the Performance Bond provided that the form, format, and terms of coverage are acceptable to the COUNTY. The terms of coverage of a Letter of Credit shall be substantially the same as that required of the Performance Bond, and the Letter of Credit shall be issued by an institution that offers security similar to that of a bonding company. In addition, the Letter of Credit shall fully comply with the COUNTY's requirements set forth in Palm Beach County PPM #CW-F- 055; and, the face of the Letter of Credit shall be in the format described in PPM #CW-F- 055, the terms of which are incorporated herein by reference. In the event of any conflict between the terms of the RFP and PPM #CW-F-055, the latter shall control. ARTICLE'S' -TRUTH-IN-NEGOTIATION CERTIFICATEMOST FAVORED CUSTOMER Signature of this Contract by the CONTRACTOR shall also constitute the execution of a truth-in-negotiation certificate certifying that the wage rates, over-head charges, and other costs used to determine the compensation provided for in this Contract are accurate, complete, and current as of the date of the Contract and no higher than those charged the CONTRACTOR's most favored customer for the same or substantially similar service. The said rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the rates and costs were increased due to inaccurate, incomplete, or noncurrent wage rates or due to inaccurate representation(s) of fees paid to outside contractors, The COUNTY shall exercise its rights under this Article 7 within three (3) years following final payment. Furthermore, the CONTRACTOR warrants that the price(s) shall not exceed the CONTRACTOR's price(s) extended to its most favored customer for the same or similar goods or services in similar quantities, or the current market price, whichever is lower. In the event the CONTRACTOR offers more favorable pricing to one of its customer(s), the CONTRACTOR shall extend to the COUNTY the same pricing or the then current market price, whichever is lower. ARTICLE 8 - TERMINATION A. This Contract may be terminated by the CONTRACTOR upon sixty (60) days prior written notice to the COUNTY in the event of substantial failure by the COUNTY to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. B. This Contract may also be terminated, in whole or in part, by the COUNTY, with cause upon five (5) business days written notice to the CONTRACTOR or without cause upon ten (10) business days written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for services rendered to the COUNTY's satisfaction through the date of termination. 4 Page 475 of 973 C. After receipt of a Termination Notice, except as otherwise directed by the COUNTY, in writing, the CONTRACTOR shall- 1. Stop work on the date and to the extent specified. Z Terminate and settle all orders and subcontracts relating to the performance of the terminated work, 3. Transfer all work in process, completed work, and other materials related to the terminated work to the COUNTY. 4. Continue and complete all parts of the work that have not been terminated. ARTICLE 9 - PERSONNEL The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the COUNTY. All of the services required hereinunder shall be performed by the CONTRACTOR, or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. Any changes or substitutions in the CONTRACTOR's key personnel, as may be listed in Exhibit B, attached hereto and incorporated herein, must be made known to the COUNTY's representative and written approval must be granted by the COUNTY's representative before said change or substitution can become effective. The CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. All of the CONTRACTOR's personnel (and all subcontractors) will comply with all COUNTY requirements governing conduct, safety, and security while on COUNTY premises. ARTICLE 10 - CRIMINAL HISTORY RECORDS CHECK The CONTRACTOR, CONTRACTOR's employees, subcontractors of CONTRACTOR and employees of subcontractors shall comply with Palm Beach County Code, Section 2- 371 — 2-377, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), for unescorted access to critical facilities ("Critical Facilities") or criminal justice information facilities ("CJI Facilities") as identified in Resolution R-2003-1274, as amended, The CONTRACTOR is solely responsible for understanding the financial, schedule, and/or staffing implications of this Ordinance. Further, the CONTRACTOR 5 Page 476 of 973 acknowledges that its Contract price includes any and all direct or indirect costs associated with compliance with this Ordinance, except for the applicable FIDLEIFBI fees that shall be paid by the COUNTY. This Contract may include sites and/or buildings which have been designated as either "critical facilities" or"criminal justice information facilities" pursuant to the Ordinance and Resolution R-2003-1274, as amended. COUNTY staff representing the COUNTY department will contact the CONTRACTOR(s) and provide specific instructions for meeting the requirements of this Ordinance. Individuals passing the background check will be issued a badge. The CONTRACTOR shall make every effort to collect the badges of its employees and its subcontractors' employees upon conclusion of the contract and return them to the COUNTY. If the CONTRACTOR or its subcontractor(s) terminates an employee who has been issued a badge, the CONTRACTOR must notify the COUNTY within two (2) hours. At the time of termination, the CONTRACTOR shall retrieve the badge and shall return it to the COUNTY in a timely manner. The COUNTY reserves the right to suspend the CONTRACTOR if the CONTRACTOR: 1) does not comply with the requirements of County Code Section 2-371 - 2-377, as amended; 2) does not contact the COUNTY regarding a terminated CONTRACTOR employee or subcontractor employee within the stated time; or 3) fails to make a good faith effort in attempting to comply with the badge retrieval policy. ARTICLE 11 - SUBCONTRACTING The COUNTY reserves the right to accept the use of a subcontractor, or to reject the selection of a particular subcontractor, and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Contract. The CONTRACTOR is encouraged to seek additional small business enterprises (SBEs) for participation in subcontracting opportunities. If the CONTRACTOR uses any subcontractors on this project, the following provisions of this Article shall apply: A. If the CONTRACTOR uses subcontractors, CONTRACTOR must ensure that all subcontractors are registered as vendors in the COUNTY's Vendor Self Service System. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in the COUNTY's Vendor Self Service System. B, If a subcontractor fails to perform or make progress, as required by this Contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONTRACTOR shall promptly do so, subject to acceptance of the new subcontractor by the COUNTY. 6 Page 477 of 973 ARTICLE 12 - EQUAL BUSINESS OPPORTUNITY PROGRAM COMPLIANCE - PENALTIES It is the policy of the Board of County Commissioners that all segments of its business population including, but not limited to, small, local, minority and women owned businesses, have an equitable opportunity to participate in the COUNTY's procurement process, prime contract and subcontract opportunities. In pursuance of that policy, the Board of County Commissioners adopted an Equal Business Opportunity (EBO) Ordinance which is codified in Sections 2-80.20 through 2-80.30 (as may be amended) of the Palm Beach County Code. The EBO Ordinance sets forth the COUNTY's requirements for the EBO program, and is incorporated herein and made part of this Contract. Non-compliance with the EBO Ordinance must be corrected within fifteen (15) days of notice of non-compliance. Failure to comply with the EBO Ordinance may result in any of the following penaltie& • Suspension of Contract; • Withholding of funds-, • Termination of the Contract based upon a material breach of contract pertaining to the EBO Program compliance; • Suspension or debarment of CONTRACTOR from eligibility for providing goods or services to the COUNTY for a period not to exceed three (3) years; and • Liquidated damages equal to the difference in dollar value of S/M/WBE participation as committed to in the Contract, and the dollar value of S/MNVBE participation as actually achieved, if applicable. CONTRACTOR shall report all subcontractor payment information on EBO Schedules 3(A) and 4, or as otherwise required by EBO, and, when the EBO portal is available, input subcontractor payment information directly into the COUNTY'S contract management system. CONTRACTOR shall pay subcontractors undisputed amounts within ten (10) days after COUNTY pays the CONTRACTOR. In the event of a disputed invoice, the CONTRACTOR shall send the subcontractor(s) and County a written notice of the dispute within five (5) days after receipt of the subject invoice. CONTRACTOR must notify the Office of EBO of changes in S/M/WBE utilization and get prior approval for any substitutions. The CONTRACTOR agrees to pay its subconsultants in compliance with the Florida Prompt Payment Act, In the event CONTRACTOR fails to comply with payments(s) to its subconsultants in accordance with the Florida Prompt Payment Act, CONTRACTOR shall be subject to any and all penalties and sanctions available under the terms of the EBO Program, its contract with the COUNTY, or any other applicable law. Failure to comply with this Article 12 is a material breach of this Contract. 7 Page 478 of 973 ARTICLE 13 - FEDERAL AND STATE TAX The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The COUNTY will provide an exemption certificate submitted by the CONTRACTOR. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the COUNTY, nor is the CONTRACTOR authorized to use the COUNTY's Tax Exemption Number in securing such materials. The CONTRACTOR shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this Contract. ARTICLE 14 - AVAILABILITY OF FUNDS The COUNTY's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Board of County Commissioners for subsequent fiscal years. ARTICLE 15 - INSURANCE REQUIREMENTS Prior to execution of this Contract, the CONTRACTOR shall provide evidence of the following minimum required insurance coverage and limits (such as through a Certificate of Insurance) to COUNTY, c/o Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415, Attention: Sandy Shea. The CONTRACTOR shall maintain at its sole expense, in full force and effect, at all times during the term of this Contract, insurance coverage and limits (including endorsements) as described herein. Failure to maintain the required insurance shall be considered default of the Contract. The requirements contained herein, as well as COUNTY's review or acceptance of insurance maintained by CONTRACTOR, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CONTRACTOR under the Contract. CONTRACTOR agrees to notify the COUNTY at least ten (110) days prior to cancellation, non-renewal or material change to the required insurance coverage. Where applicable, coverage shall apply on a primary basis. A. Commercial General Liability: CONTRACTOR shall maintain Commercial "General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement(s) excluding Contractual Liability or Cross Liability. B. Workers' Compensation Insurance & Employer's Liabilit : CONTRACTOR shall maintain Workers' Compensation & Employer's Liability in accordance with Florida Statute Chapter 440. C. Professional Liability: CONTRACTOR shall maintain Professional Liability, or equivalent Errors & Omissions Liability, at a limit of liability not less than $1,000,000 Per Occurrence. When a self-insured retention (SIR) or deductible 8 Page 479 of 973 exceeds $10,000, COUNTY reserves the right, but not the obligation, to review and request a copy of CONTRACTOR's most recent annual report or audited financial statement. For policies written on a"Claims-Made" basis, CONTRACTOR warrants the Retroactive Date equals or preceded the effective date of this Contract. In the event the policy is canceled, non-renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a Supplement Extended Reporting Period (SERP) during the life of this Contract, CONTRACTOR shall purchase a SERP with a minimum reporting period not less than three (3) years. The requirement to purchase a SERP shall not relieve the CONTRACTOR of the obligation to provide replacement coverage. The Certificate of Insurance providing evidence of the purchase of this coverage shall clearly indicate whether coverage is provided on an "occurrence" or "claims —made"form. If coverage is provided on a "claims—made"form the Certificate of Insurance must also clearly indicate the "retroactive date" of coverage. D. Additional Insured Clause: Except as to Business Auto, Workers' Compensation and Employers Liability (and Professional Liability, when applicable) the Certificate(s) of Insurance shall clearly confirm that coverage required by the Contract has been endorsed to include Palm Beach County as an Additional Insured. E. Waiver of Subrogation: CONTRACTOR hereby waives any and all rights of Subrogation against the COUNTY, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy which includes a condition to the policy specifically prohibiting such an endorsement or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. F. Certificates of Insurance: Prior to each subsequent renewal of this Contract, within forty-eight (48) hours of a request by COUNTY, and subsequently, prior to expiration of any of the required coverage throughout the terms of this Agreement, the CONTRACTOR shall deliver to the COUNTY a signed Certificate(s) of Insurance evidencing that all types and amounts of insurance coverage required by this Contract have been obtained and are in full force and effect. Said Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) days' endeavor to notify due to cancellation (10 days' for nonpayment of premium) or non-renewal of coverage. The Certificate Holder shall read: 9 Page 480 of 973 Palm Beach County Board of County Commissioners c/o Purchasing Department 50 South Military Trail, Suite 110 West Palm Beach, FL 33415 G, Umbrella or Excess Liabill : If necessary, CONTRACTOR may satisfy the minimum liability limits required above for Commercial General Liability and Business Auto Liability under the Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability policy: however, the Annual Aggregate limit shall not be less than the highest "Each Occurrence" limit for either Commercial General Liability or Business Auto Liability. CONTRACTOR agrees to endorse COUNTY as an "Additional Insured" on the Umbrella or Excess Liability policy, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a pure/true "Follow-Form" basis. H. Right to Revise or Reject- COUNTY, by and through its Risk Management Department in cooperation with the contracting/monitoring department, reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the term of this Contract. COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. ARTICLE 16 - INDEMNIFICATION CONTRACTOR shall protect, defend, reimburse, indemnify and hold COUNTY, its agents, employees and elected officials harmless from and against any and all claims, liability, loss, expense, cost, damages, or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during and as a result of their performance of the terms of this Contract or due to the acts or omissions of CONTRACTOR. ARTICLE 17 - SUCCESSORS AND ASSIGNS The COUNTY and the CONTRACTOR each binds itself and its partners, successors, executors, administrators and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the COUNTY nor the CONTRACTOR shall assign, sublet, convey, or transfer its interest in this Contract, without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the COUNTY, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the COUNTY and the CONTRACTOR. 10 Page 481 of 973 ARTICLE 18 - REMEDIES This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in a court of competent jurisdiction located in Palm Beach County, Florida, No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof, No provision of this Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Contract, including but not limited to any citizen or employees of the COUNTY and/or CONTRACTOR. ARTICLE 19 - CONFLICT OF INTEREST The CONTRACTOR represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided for in Chapter 112, Part I11, F.S. and the Palm Beach County Code of Ethics. The CONTRACTOR further represents that no person having any conflict of interest shall be employed for said performance or services. The CONTRACTOR shall promptly notify the COUNTY's representative, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence, or appear to influence, the CONTRACTOR's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONTRACTOR may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the CONTRACTOR. The COUNTY agrees to notify the CONTRACTOR of its opinion by certified mail within thirty (30) days of receipt of notification by the CONTRACTOR. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONTRACTOR, the COUNTY shall so state in the notification and the CONTRACTOR shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the CONTRACTOR under the terms of this Contract. ARTICLE 20 — PERFORMANCE DURING EMERGENCIES / EXCUSABLE DELAYS The CONTRACTOR shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the CONTRACTOR, or its subcontractor(s), and without their fault or negligence. Such causes include, but are not limited to: acts of God; force majeure-, natural or public health 11 Page 482 of 973 emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Upon the CONTRACTOR's request, the COUNTY shall consider the facts and extent of any failure to perform the work, and, if the CONTRACTOR's failure to perform was without it or its subcontractors' fault or negligence, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly, subject to the COUNTY's rights to change, terminate, or stop any or all of the work at any time. Notwithstanding anything in the foregoing to the contrary, the CONTRACTOR agrees and promises that, immediately preceding, during and after a public emergency, disaster, hurricane, flood, or act of God, the COUNTY shall be given "first priority"for all goods and services under this Contract. CONTRACTOR agrees to provide all goods and services to the COUNTY immediately preceding, during and after a public emergency, disaster, hurricane, flood, or act of God, at the terms, conditions, and prices as provided in this Contract on a "first priority" basis. CONTRACTOR shall furnish a 24-hour phone number tothe COUNTY. Failure to provide the goods or services to the COUNTY on a first priority basis immediately preceding, during and after a public emergency, disaster, hurricane, flood, or act of God, shall constitute breach of Contract and subject the CONTRACTOR to sanctions from doing further business with the COUNTY. ARTICLE 21 - ARREARS The CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract. ARTICLE 22 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS The CONTRACTOR shall deliver to the COUNTY's representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the COUNTY under this Contract. The CONTRACTOR agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings or data relating to this Contract which have been created as a part of the CONTRACTOR's services or authorized by the COUNTY as a reimbursable expense, whether generated directly by the CONTRACTOR or by or in conjunction or consultation with any other party whether or not a party to this Contract, whether or not in privity of contract with the COUNTY or CONTRACTOR, and wherever located shall be the property of the COUNTY. To the extent allowed by Chapter 119, F.&, all written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the COUNTY, or at its expense, will be kept confidential by the 12 Page 483 of 973 CONTRACTOR and will not be disclosed to any other party, directly or indirectly, without the COUNTY's priorwritten consent, unless required by a lawful court order. All drawings, maps, sketches, programs, data bases, reports and other data developed or purchased under this Contract for the COUNTY, or at the COUNTY's expense, shall be and remain the COUNTY's property and may be reproduced and reused at the discretion of the COUNTY. All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation of the transactions contemplated hereby. ARTICLE 23 - INDEPENDENT CONTRACTOR RELATIONSHIP The CONTRACTOR is, and shall be, in the performance of all work, services, and activities under this Contract, an Independent Contractor and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR's sole direction, supervision, and control, The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONTRACTOR's relationship, and the relationship of its employees, to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. The CONTRACTOR does not have the power or authority to bind the COUNTY in any promise, agreement, or representation other than specifically provided for in this Contract. ARTICLE 24 - CONTINGENT FEE The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract. ARTICLE 26 — PUBLIC RECORDS,ACCESS AND AUDITS The COUNTY shall have the right to request and review CONTRACTOR's books and records to verify CONTRACTOR's compliance with this Contract, adherence to the EEO Program and its proposal. The COUNTY shall have the right to interview subcontractors and workers at the work site to determine Contract compliance. The CONTRACTOR shall maintain records related to all charges, expenses, and costs incurred in estimating and performing the work for at least four (4) years after completion or termination of the Contract. CONTRACTOR shall retain all books and records pertaining to this Contract, 13 Page 484 of 973 including, but not limited to, subcontractor payment records, for four(4) years after project completion date, The COUNTY and the Palm Beach County Inspector General shall have access to such records as required in this Article for the purpose of inspection or audit during normal business hours, in Palm Beach County at any reasonable time during the four (4) years, Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the CONTRACTOR: (I) provides a service; and (h) acts on behalf of the COUNTY as provided under Section 119.011(2), F.S., the CONTRACTOR shall comply with the requirements of Section 119.0701, F.S., as it may be amended from time to time. The CONTRACTOR is specifically required to: A. Keep and maintain public records required by the COUNTY to perform services as provided under this Contract. B. Upon request from the COUNTY's Custodian of Public Records (COUNTY's Custodian) or COUNTY's representative/liaison, on behalf of the COUNTY's Custodian, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. The CONTRACTOR further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. C. Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract, if the CONTRACTOR does not transfer the records to the public agency. Nothing contained herein shall prevent the disclosure of or the provision of records to the COUNTY. D, Upon completion of the Contract, the CONTRACTOR shall transfer, at no cost to the COUNTY, all public records in possession of the CONTRACTOR unless notified by COUNTY's representative/liaison, on behalf of the COUNTY's Custodian, to keep and maintain public records required by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the Contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically by the CONTRACTOR must be provided to COUNTY, upon request of the COUNTY's Custodian or the COUNTY's representative/liaison, on behalf of the COUNTY's Custodian, in a format that is compatible with the information technology systems of COUNTY, at no cost to COUNTY, 14 Page 485 of 973 CONTRACTOR acknowledges that it has familiarized itself with the requirements of Chapter 119, F. S., and other requirements of state law applicable to public records not specifically set forth herein. Failure of the CONTRACTOR to comply with the requirements of this Article, Chapter 119, F.S. and other applicable requirements of state law, shall be a material breach of this Contract. COUNTY shall have the right to exercise any and all remedies available to it for breach of contract, including but not limited to, the right to terminate for cause. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 33401, BY E-MAIL AT 'RECORDS REQU EST(&-P BCGOV.ORG OR BY TELEPHONE AT 661-356-6680. ARTICLE 26 — NON-DISCRIMINATION A. Employer Non-Discrimination The COUNTY is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R-2017-1770, as may be amended, the CONTRACTOR warrants and represents that throughout the term of the Contract, including any renewals thereof, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered default of the Contract, B. Commercial Non-Discrimination As a condition of entering into this Contract, the CONTRACTOR represents and warrants that it will comply with the COUNTY'S Commercial Nondiscrimination Policy as described in Resolution 2017-1770, as amended. As part of such compliance, the CONTRACTOR shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the CONTRACTOR retaliate against any person for reporting instances of such discrimination. The CONTRACTOR shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that 15 Page 486 of 973 have occurred or are occurring in the COUNTY's relevant marketplace in Palm Beach County, The CONTRACTOR understands and agrees that a material violation of this clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification or debarment of the company from participating in COUNTY contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party. CONTRACTOR shall include this language in its subcontracts. ARTICLE 27 - AUTHORITY TO PRACTICE The CONTRACTOR hereby represents and warrants that it has, and will continue to maintain, all licenses and approvals required to conduct its business; and, that it will, at all times, conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request. ARTICLE 28 - SEVERABILITY If any term or provision of this Contract or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 29 - PUBLIC ENTITY CRIMES As provided in F.S. 287.132-133, by entering into this Contract 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 thirty-six (36) months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). ARTICLE 30 - SCRUTINIZED COMPANIES A. As provided in F.S. 287.135, by entering into this Contract 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 Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, pursuant to F.S. 215.4725. If the COUNTY determines, using credible information available to the public, that a false certification has been submitted by CONTRACTOR, this Contract may be terminated and a civil penalty equal to the greater of$2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract renewal. 16 Page 487 of 973 B. When contract value is greater than $1 million: As provided in F.S. 287,135, by entering into this Contract or performing any work in furtherance hereof, the CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473 or is engaged in business operations in Cuba or Syria. If the COUNTY determines, using credible information available to the public, that a false certification has been submitted by CONTRACTOR, this Contract may be terminated and a civil penalty equal to the greater of$2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287,135. Said certification must also be submitted at the time of Contract renewal. ARTICLE 31 - MODIFICATIONS OF WORK The COUNTY reserves the right to make changes in Scope of Work, including alterations, reductions therein, or additions thereto. Upon receipt by the CONTRACTOR of the COUNTY's notification of a contemplated change, the CONTRACTOR shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change-, (2) notify the COUNTY of any estimated change in the completion date- and (3) advise the COUNTY if the contemplated change shall affect the CONTRACTOR's ability to meet the completion dates or schedules of this Contract. If the COUNTY so instructs, in writing, the CONTRACTOR shall suspend work on that portion of the Scope of Work affected by a contemplated change, pending the COUNTY's decision to proceed with the change. If the COUNTY elects to make the change, the COUNTY shall initiate a Contract Amendment, and the CONTRACTOR shall not commence work on any such change until such written amendment is signed by the CONTRACTOR and approved and executed on behalf of Palm Beach County. ARTICLE 32 - NOTICE All notices required in this Contract shall be sent by certified mail (return receipt requested), hand delivered, or sent by other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to; Kathleen M. Scarlett, Director Purchasing, Palm Beach County 50 South Military Trail, Suite 110 West Palm Beach, FL 33415 17 Page 488 of 973 With a copy to: Reginald K. Duren, Fire Rescue Administrator Palm Beach County Fire Rescue 405 Pike Road West Palm Beach, FL 33411 If sent to the CONTRACTOR, notices shall be addressed to: Marc Staubley, Health Practice Area Director Public Consulting Group, Inc. 816 Congress Avenue, Suite 1110 Austin, TX 78701 ARTICLE 33 - ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms, and conditions contained in the Contract may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto in accordance with Article 31 - Modifications of Work. ARTICLE 34— REGULATIONS; LICENSING REQUIREMENTS The CONTRACTOR shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. CONTRACTOR is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered. THE REST OF THIS PAGE LEFT BLANK INTENTIONALLY 18 Page 489 of 973 Execution of this Contract by the Director of Purchasing Is Not Legally Binding or in Effect until Approved by the Palm Beach County Board of County Commissioners. IN WITNESS WHEREOF, the Director of Purchasing of Palm Beach County, Florida, on behalf of the COUNTY, and the CONTRACTOR have executed this Contract on the day and year above written. 2 0" 19 1 068' AUG 2 0 201% PALM BEACH COUNTY, FLORIDA FOR ITS BOARD OF COUNTY COMMISSIONERS BY KATHLEEN M. SCARLETT DIRECTOR OF PURCHASING 111AI A I/ Luy Thleen M. Scarlett, Director WITNESSES: CONTRACTOR: —t6w,"— Public Consultiln Group, Inc. Signature Company Nam VL Name (type or print) Signature Marc Staubley SigrWure V Typed Name MkTR4 EX)N�O)OrZAEA)T7146- Health Practice Area Director Name (type or print) Title APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: tbouhfy AttorMy/ 19 Page 490 of 973 EXHIBIT A SCOPE OF WORKISERVICES Contract No. 19-020/SS 1. Palm Beach County Fire Rescue (COUNTY) provides countywide emergency medical transportation, some of which will qualify for the PEMT Program for Medicaid. The COUNTY must comply with both U.S. Department of Health and Human Services under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act, and regulations promulgated thereunder (HIPAA Regulations), all as have been and may be amended from time to time and as such, CONTRACTOR shall comply. A. CONTRACTOR activities shall comply with the HIPAA Privacy Rule, the HIPAA Security Rule, and the Business Associate Agreement (BAA), attached hereto as Attachment A of this Scope of Work/Services. B. CONTRACTOR shall consider all data provided as confidential information. CONTRACTOR shall not release any confidential information without prior written consent from the COUNTY, C. CONTRACTOR shall inform the COUNTY, according to HIPAA guidelines, of any breach of confidential information. This includes unintentional data breaches such as mailing to unintended recipients. D. The CONTRACTOR shall be required to execute as written, the BAA, see Attachment A to this Scope of Work/Services. 2. The COUNTY provides emergency medical transports to approximately six hundred (600) Medicaid patients each month and requires a CONTRACTOR to complete the required paperwork for the COUNTY to participate in the PEMT Program. The CONTRACTOR shall complete the required cost reports with ten (10) schedules to the Agency for Health Care Administration (ANCA), attached hereto as Attachment B to this Scope of Work/Services, as required for the COUNTY to participate in the Public Emergency Medical Transportation (PEMT) Program. 3. The PEMT program provides for supplemental payments for allowable costs that are in excess of other Medicaid revenue received for emergency medical transportation services to Medicaid eligible recipients, 4. The CONTRACTOR shall be familiar with the PEMT Program in the State of Florida and all the rules, regulations and requirements associated with PEMT. 20 Page 491 of 973 5. The CONTRACTOR shall have the knowledge, skills, and ability to fully complete the required cost reports with ten (10) schedules to the Agency for Health Care Administration (AHCA), see Attachment B of this CONTRACT, within the time frame prescribed in Attachment A. 6. The CONTRACTOR shall have knowledge of the data and cost reporting principles specified in Chapter 401, Florida Statutes. 7. The CONTRACTOR shall have knowledge and experience in the completion of all ten (10) schedules, Attachment B to this Scope of Work/Services, as required by the PEMT Program. 8, The COUNTY will provide the CONTRACTOR with all of the required data needed to complete the schedules, however, the CONTRACTOR is responsible for accurate completion of the schedules. 9. CONTRACTOR shall be able to accept from the COUNTY, v i a electronic submission, all information using a secure connection in accordance with the Health Insurance Portability and Accountability Act (HIPAA). 10. If the completed cost report is rejected by AHCA, CONTRACTOR shall work with the COUNTY to make the necessary corrections and/or modifications and resubmit the report before the required filing deadline, which is typically end of November. 11, CONTRACTOR agrees to receive compensation for PEMT services on a contingency fee basis. This compensation will be based on payments received by the COUNTY under the PEMT Program. 12. The CONTRACTOR shall respond to, and represent COUNTY on any AHCA or CMS audit, review and communication regarding any PEMT cost report prepared by the CONTRACTOR and delivered to AHCA on behalf of the COUNTY. 13. If, as a result of an audit by ACHA, a refund is required by the COUNTY, the CONTRACTOR agrees to return the portion of the compensation fee that was paid on the amount being refunded. 21 Page 492 of 973 Attachment A Business Associate Agreement o EXHIBIT A, Scope of Work/Services Contract No. 19-020/SS (4 pages) 22 Page 493 of 973 Attachment A |o RFP No. 19-0205S Business Associate Agreement Between Covered Entity and Business Associate This Business Associate Agreement ("Agreement") between Palm Beach County, hereinafter referred to as ''Covered Entity," and Public Consulting Group, Inc., hereinafter referred to as "Business Associate," is executed to ensure that Business Associate will appropriately safeguard protected health information ("PHI") that is created, received, maintained, or transmitted on behalf o{ the Covered Entity in compliance with the applicable provisions of Public Law 104-291 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F —Adrniniotrmtive Simplification, Sections 261, etseq, as amended and any related regulations /"H|PAA''\^ and with Public Law 111'5ofFebruary 17, 2009, known aathe American Recovery and Reinvestment Act of2OO9, Title XII, Subtitle O — Privacy, Sections 13400, et seg., the Health Information Technology for Economic and Clinical Health Act, asamended and any related regulations (the ''H|TECHAct"\. A. General Provisions 2. Meaning of Terms. The terms used inthis Agreement shall have the same meaning as those terms defined in H|PAA. 2. Regulatory References. Any reference in this Agreement to a regulatory section means the section currently ineffect orasamended. 3^ Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with M|PAA. B. Obligations mfBusiness Associate Business Associate agrees that itwill: 1. Not use or further disclose PHI other than as permitted or required bythis Agreement oraSrequired b«law; 2. Use appropriate safeguards and comply, where applicable, with the H|PAA5ecVrity Rule with respect to electronic protected health information ("e-PHI")and implement appropriate physical, technical and administrative safeguards to prevent use or disclosure ofPHI other than asprovided for bythis Agreement; 3. Report |nwriting tVthe Covered Entity any use or disclosure of PHI not provided for bythis Agreement of which Business Associate becomes aware, including any security incident (as defined in the H|PAA Security Rule) and any breach ofunsecured PHI (as defined in the H|PAA Breach Notification Rule) within three (S) business days of I Page 494Of973 Attachment AtQ Exhibit A, Scope OfWork/Services Contract No. 19-020/SS business days of Business Associate's discovery of the security incident or breach. Business Associate will comply with all applicable provisions ofthe H|PAABreach Notification Regulations found at 45 CFR §164.400 etseq. when making breach notification Lothe Covered Entity. The Covered Entity shall have sole control over the timing and method of breach notification to affected individual(s), the Department ofHealth and Human Services, and, ifapplicable, the media. Business Associate agrees that, ifrequested bythe Covered Entity todoso, itwill provide breach notification to affected individuals of any breach of unsecured PHI discovered byBusiness Associate. |frequested bythe Covered Entity tomake breach notification to affected individuals, Business Associate shall comply with all applicable provisions nfthe H|PA\Breach Notification Regulations found at4SCFR §164.4UOetseq, and any direction from the Covered Entity; 4. In accordance with 45 [FR §I64.502(e)(1)(U) and §164.308(b)(2), ensure that any subcontractors that create, namakm, maintain, or transmit PHI on behalf ofBusiness Associate agree to the same restrictions, conditions, and requirements that apply to Business Associate with respect to such information by requiring such subcontractors to sign an agreement with Business Associate that contains, at a minimum,the same provisions as this Agreement; S. Make PHI inadesignated record set available tuthe Covered Entity and tnan individual who has e right of access in a manner that satisfies the Covered Entity's obligations to provide access to PHI in accordance with 45 CFR §164.524 within 80 days nfarequest; 6. Make any arnendonant(s) tnPHI inudesignated record set osdirected buthe Covered Entity, or take other measures necessary to satisfy the Covered Entity's obligations under 45CFR§164.S26; 7. Maintain and make available information required to provide an accounting of disclosures to the Covered Entity or an individual who has a right to an accounting within 6Odays and asnecessary tosatisfy the Covered Entity's obligations under 45 CFR §164,528; O. To the extent that Business Associate is to carry out any of the Covered Entity's obligations under the HIPAA Privacy Rule, Business Associate shall comply with the requirements of the Privacy Rule that apply to the Covered Entity when it carries out that obligation, 9. Make its internal practices, books,and records relating to the use and disclosure of PHI received from,nrcreated orreceived b«Business Associate mnbehalf ofthe Covered Entity,available to the Secretary of the Department of Health and Human Services for Z Page 495Of973 Attachment Ak) Exhibit A, Scope DfWD[k/Se[Vices Contract No. 19-020/SS purposes of determining Business Associate's and the Covered Entity'scompliance with H|P/W\and the H|TECH Act; 10. Restrict the use or disclosure of PHI if the Covered Entity notifies Business Associate ofany restriction onthe use ordisclosure ofPHI that the Covered Entity has agreed too/ isrequired toabide byunder 4SCFR §164.5Z2; and 11. If the Covered Entity is subject to the Red Flags Rule (found at 16 CFR §681.1 et seq.), Business Associate agrees toassist the Covered Entity incomplying with its Red Flags Rule obligations by: (a) implementing policies and procedures to detect relevant Red Flags (as defined under 16C.F.R. §68l.2); (b)taking all steps necessary to comply with the policies and procedures of the Covered Entity's Identity Theft Prevention Program(if the Covered Entity is required to have a Program); (c) ensuring that any agent or third party who performs services on its behalf in connection with covered accounts of the Covered Entity agrees to implement reasonable policies and procedures designed to detect, prevent, and mitigate the risk ofidentity theft; and (d) alerting the Covered Entity ofany Red Flag incident (as defined bythe Red Flag Rules) ofwhich it becomes aware,the steps ithas taken to mitigate any potential harm that may have occurred, and provide a report to the Covered Entity ofany threat ofidentity theft osaresult nfthe incident. 12. If Palm Beach County is the Covered Entity, then Business Associate shall protect, defend, reimburse, indemnify and hold harmless the Covered Entity, its agents, employees and elected officers from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorneys fees and costs, whether at trial or appellate levels or otherwise, arising as a result of n breach of unsecured PHI caused byany act oromission ofBusiness Associate or arising from any other violation of HIPAA or the HITECH Act caused by any act or omission ufBusiness Associate. C. Permitted Uses and Disclosures byBusiness Associate The specific uses and disclosures of PHI that may be made by Business Associate on behalf of the Covered Entity include any uses or disclosures of PHI permitted by HIPAA that are necessary to perform the services that Business Associate has been engaged to perform on behalf o{the Covered Entity. D. Termination 1. The Covered Entity may terminate this Agreement if the Covered Entity determines that Business Associate has violated amaterial term ofthe Agreement. 3 Page 496Of973 Attachment A to RFP No. 19-020/SS violation, as applicable, and, if such steps are unsuccessful,terminate the Agreement if feasible. 3. Upon termination of this Agreement for any reason, Business Associate shall return to the Covered Entity all PHI received from the Covered Entity,or created,maintained, or received by Business Associate on behalf of the Covered Entity that Business Associate still maintains in any form. To the extent permitted by law, Business Associate shall retain no copies of the PHI. If return is Infeasible, the protections of this Agreement will extend to such PHI. Agreed to this day of 20_0 WITNESS: COVERED ENTITY PALM BEACH COUNTY, FLORIDA,BY ITS i A BOARD OF COUNTY COMMISSIONERS YAJA A . 11. I'LAet� By:-- SignatuIgnature Nancy Bolton, County HIPAA Privacy Officer/Assistant County Administrator, Through Verdenia C.Baker.County Administrator .AAflir 7*J,d A) ?5 Name and Title Name APPROVED AS TO FORM AND APPROVED AS TO TERMS LEGAL SUFFICIENCY A AND CONDITIONS By:_ WIT kS'5�" BUSINESS ASSOCputting o ky\TE Public Cop " 0 , p,I c By: Signature Signature C-AI6770A- d.1 I't?d ve Name Name an Title APPROVED AS TO FORM AND APPROVED AS TO TERMS LEGAL SU F1 I CY AND CONDITIONS By: By: 4 Page 497 of 973 Attachment B Emergency Medical Transportation Integrated Disclosure and Medicaid Cost Report to EXHIBIT A, Scope of Work/Services Contract No. 19-0201SS (22 pages) 7 Page 498 of 973 < u C NN< < dab c 0 w U av L) O C5 tis O cp (n n- CL 0 ( 0 n CL p 0) z�.: (1) 0 aL r_ 2 0 Z6 0 m .2 > CP cu n (0 A 4) 0 E CL > r_ 0 0 Ir IL (D V5 o- 8 -0 r 0 E 0 r- -41 0 0 = 0 CL Im 0 0 -E CU r- T) - 0 U- LO "V) 0 P FA 'E co V: 0 ce (D E j 0 a) (D t3l 0 c E E -0 0 is e c ca cu J_- 2 -;� CL w 0 t 0-0 0) LL - D UL< 4) 1 0 (D v) r- w -00 '0 ID E 70' cR!L < -0 E 0 0 co U) E w 6 Q 0 t e fa :3 E CU 0 LU U- '0 d) CL ru CL E 0 w sow0 0 q Z 0 LL E2 o. 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C: 0 13)0 g z co ID (U m m 0 0 0 -6 0 0 E > > J7 e- fi 'M '0 - 2 a ams m 0 cn Z) 0 CO I-- LO LO w w r m - 0 0 0 EM — -0 (n Q) _0 _0 -0 0 -0 (U m Lr) c 0 E (D 0) w U- 0 0 0) F V CE 9 8L (Yi 0 0 0 0 0 a- c M 0) 87 9) n- 160 '.v '0 L) C: V) 'a 0 ft.! - - ar- .6 0 CL w 0 aj -r- CU W 0 a 0 (U El0 IV '5 > > E r CL 2 2 2 (u ID ) E (D Hi E Cr E wa CD 0 d) d) z :3 3i c= Cq CU m LL w F4 C,4 N < Page 499 of 973 u 0 CD q) ra z ru O ro Li3 Lc) rdJ u -cz I-- 93 O Q) LL -ID 0 Z _Q) rz 03 Zq qu (n Q) Q) CL O U) O -Cl 2 E 2 db LL det 0 Q- tcu ru Q Z3 W OE T-1 (a z N rq_ 0w �� 01 O 03 CO 0 0- (D o..! 0 V) cu er a) 0 0 Page 500 of 973 State of Florida-Agency for Health Care Administration AHCA Emergency Medical Transportation Cost Report PROVIDER.COST REPORT REINI URSMENT QUESTIONNAIRE YES NO NA A. Provider Organization and Operation 1. Describe the type of organization providing the service (include if nonprofit, public, private, etc.): 2. Were any of the emergency transportation services subcontracted to another entity? If yes, describe the type of organization (include if nonprofit, public, private, etc.): 3, The provider lias: a. Changed oxvnership. If"yes", stibmit name and address of new o%Ngi.er, date of change; copy of sales agreement, or any similar agreement affecting change of ownership. b. Terminated participation. If"yes", list date of termination, olid reason (Voluntary/Involuntary). AHCA Fonn 5000-0035, ,incorporated by reference in Rule 59G-6.035,F.A,C,Provider Questionnaire page 3 o 22 Page 501 of 973 State of Florida-Agency For Health Care Administration AHCA Emergency Medical Transportation Cost Report 4 Q 4 if"yes" attach a list of the individuals, the organizations involved, and description of the transactions, PROVIDER COST"REPORT 3 REIMBURSEMENT QUESTIONNAIRE YES NO N,/FA= B Financial Data and Reports 1, During this cost reporting period, the financial statements are prepared by Certified Public Accountants Or Public Accountants (submit complete copy or indicate available date) and are: a. Audited-, b. Compiled, and C, Reviewed, AHCA Form 5000-0035,_,incorporated by reference in Role 59(3-6,035,FAC,Provider Questionnaire Page 4 of 22 Page 502 of 973 State of Florida-Agency For Health Care Administration AHCA Emergency Medical Transportation Cost Report "q i described financial statements, attach a copy of the financial statements prepared 1,i ion and a description of the changes in accounting policies and practices if not mentioned in those statements. 2. Cost report total expenses and total revenues differ from those on the filed financial statement. If"Yes", submit reconciliation. C, Emer�ericv Transport Data Provider records only were used to complete the cost report? if yes, attach detailed documentation of the system used to support the data reported on the cost report. If th.c.-detall documentation was previously supplied, submit only necessary updated documentation 1. Provider use a specific system to report claimed Medicaid emergency transports? If yes, upon request,provide the Med I cal d recipient details of the emergency transports (such as driver manifest, call operator logs, etc.). AHCA Form 5000-0035,_incorporated by reference in Rule 59G-6.035,F.A.C.Provider Questionnaire Page 5 of 22 Page 503 of 973 State of Florida Adekcy Fos Health Carr AdnriniA€alioll AHCA Fawfg ncy Med-1 Tra,,pottalion Cost Report SCHEDULE f-TOTAL EXPENSE Fire DepartmentIAgency Name 0 Fiscal'Year EndedJanuary 0,1900 National Provider identiricaiion: 0 1 2 3 4 General Line No. Cost Center Ledger Total Expense MTS Expense NON-MTS Expense Administration&General Account Number i"€Si i.2.t'c;'S Fr S 1 <.<;!r e=F 5 ,..r t;.:3E I Capital Related 1.00 Depreciation-Buildings and Improvements $ 2.00 Depreciation-Leasehold Improvements 3.00 Depreciation-Equipment 4.00 Depreciation and Amortization-aher 5.00 Leases and Rentals 6.00 Property Taxes __.______ 7.00 Property Insurance 800 Interest-Property,Plant,and Equipment 900 Other-(specify) - 10.00 Other-(Specify) Total Capital Related(Lines 1.00 thru 10.00) $--- $ - $ - Salaries 11.00 Administrative Chief $ $ $ 12.00 Chief 13.00 Non-MTS Salaries 1400 MTS MTS salaries - - 15.00 Other-(Specify) 16.00 Other-(Specify) 17.00 Other-(Specify) - _.._ .... 18-00 Other-(Specify) Subtotal Salaries(Lines 11.001hru 18.00) $ - $ - $ Fringe Benefits __ 19.00 Administrative Chief - _.. ._. .-'_ . .__.. $ -$ 20.00 Chief 21.00 Non-MTS Salaries 22-00 MTS Salaries ® 23.00 Other (Specify) 24.00 Other-(Specify) 25.00 Other-(Specify) i 26.00 Other-(Specify) - - - Subtotal Fringe Benefits(Lines 19,00 thru 20.00) $..._ $ Total Salaries&Fringe Benefits $ $ $ -Total Capital Related,Salaries,.and Fringe Benefits $_ - _- - $ Administrative and General 27.00 Administrative $ $ $ 28.00 Legal 29.00 Accounting 30.00 Advertising 31.00 Consulting Expenses - 32.00 'Contracted Labor 33.00 Interest-Other - 34.00 Training .-._._ _._._....___... 35,00 General Insurance 3600 supplies 37.00 Bad Debt - 38.00 Plant Operations and Maintenance - 39.00 housekeeping 40.00 utilities 41.00 Medical Supplies _....__.__.._.__ 4200 'Minor Medical Equipment - 43.00 Minor Equipment 4400 Fines and Penalties 45.00 Fleet Maintenance ____ --.............. _ 46.00 Communications - 47,00 Recruit Academy 4$,00 Dispatch Service 49.00 Logistics _. .._. 50.00 Postage - 51.00 Dues and Subscriptions AVKA Fom SOOO0035in[aipafalgd it;(efeiel-in We 59CA035,V.AL- SOt-7©Ia1 YxPen Page Cur 27. Page 504 of 973 AICA I imip­v Medit.i I Tiinspnilatiou Fo!il Re poi 1 5200 pit er-Capital Related Costs 53 DO I Contracted§f!y!ces-MTS 54_00 lContracted MK A tonna 50W W15. b, In Me$'1(,6045,f Ac I.tAl.p­,,, Np 7 f 22 Page 505 of 973 SLIT—f R.I ida Afe IV I.,11-It I,I,—Ad-nnl I A.. Al ICA ii mer&enxy INI'di"'I Tvanspartatfan C.'I I 0-0 Other-(Specify) 50.00 Other-(Specify) 57.00 Other-(Specify) Total Administrative&General $ Total Fire Di-strict/Agency $ $ $ - Affl,F.,m 4 ffl 0035, by,,k,— mNdd 5%6.035,FAC. SOI Rtal Ekp-,i Vale 9 or 27 Page 506 of 973 Siete of Florida-Agency For Health Care Ad minktrat6an PICA F±gipgg¢nty Medial Fra nspa3nasmo Cost Repos SCHEDULE 2-MEDICAL TRANSPORTATION SERVICES(MTS)EXPENSE Fire Department 1 Agency Name0 Fiscal Year Ended' January 0,1900 National Provider Identification, 0 f 2 3 4 5 General Ledger Allocated Direct Total Line No. Cost Center .Account lV1T$Expense Service Cost Reclassifications Tota[Adjustments Talal NITS Experise Number FrGF'h'5, 3"e .II ram h1,C:,oi2 Capital Related - 1.00 Depreciation-Buildings and Improvements $ $ $ $ $ 2.00 Depreciation-Leasehold Improvements ----- &00 Depreciation-Equipment ._ 4.00 Depreciation and Amortization-Other 5 00 Leases and Rentals 6.00 Property Taxes 7.00 Property Insurance 8 t10 Interest-Property,Plant,and Equipment _... 300 'Other-(Specify) _ -10.00 Other-(Specify) -_ Total Capital Related(tines 1.00 thru 10.00) $.--- $ $. . . . $ $ Salaries _...._. _..... - 11.00 Administrative Chief $ $ $ - S $ 12.00 Chief ..Nm_ 13.00 Nan-MTS Salaries I_....._.__ 14.00 MTS Salaries 15.00 Other-(Specify) 16.00 Other-(Specify) - - - 17.00 Other-(Specify) 18.00 Other-(Specify) .subtotal Salaries(L-ones 11,00 thru 18,00) $ - $ - $ - $ $ - Fringe Benefits 19.00 Administrative Chief $ $ $ $ $ 20.00 Chief 21.00 Non-MTS Salaries - 22.00 MTS Salaries 23.00 Other-(Specify) 24.00 Other_(Specify) - 25.00 Other-(Specify) 26.00 Other-(Specify) - Subtotal Fringe Benefits(Lines 19.00 thru 26.00)- $ - - - $ --- ---- $ _ - $ - Total Salaries&Fringe Benefits $ - $ - $ - $ - $ Total Caprtal Related,Salaries and Fringe benefits $ - $ - $ $ _-- - $ Administrative and General 27.00 Administrative $ $ $ $ 28.00 Legal 29-09 Accounting - 30.00 Advertising 31.00 Consulting Expenses 32.00 Contracted Labor 33-00 Interest-Other - 34.E Training 35.00 General Insurance 3600 'Supplies -. __...... __ 37,00 Bad Debt - 38.00 Plant Operations and Maintenance 39.00 Housekeeping -_,..._ 40-00 Utilities 41.00 Medical Supplies 42.00 Minor Medical Lquipment 43.00 Minor Equipment 44-00 Fines and Penalties 45.00 Fleet Maintenance - -..._e... _.._ 46.00 Communications 47.00 Recruit Academy 48-00 Dispatch Service 49.00 Logistics 50.00 Postage 51-00 Dues and Subscriptions Ali[A Farm 54W CU35, iacu,porated tryrelmeoxe in aide ssG.e.o35.F.AC. kh.2-M1Pr4 F%7E+SSC Np7p{22 Page 507 of 973 Slalc«I Fla,iila Aa,"roe 11-llh Care Ad,dn M-o, AMA k nter5'en[y M ed,al It.napox9aiiuis k tpcp- 52 40 Other-Capital Related Costs 3 00(Contracted Services-MTS 54 00 Contracted Services-NITS Billing �_ ..... _... _._ AIKA form VtO W35. pao atetl t­fesen[e in NO,59CL315,f.A,f. SI,2-MiS[aPense P3gp a00l PP Page 508 of 973 SIa1e of r&,�ida-Agency For 11-11h Car,Adminlsfeat'xzn AICA [:niciganry M.edral 4,1 nsno+1ut-,Cost Repan 55.00 Other-(Specify) 56.00 ether-(Specify) 57.00 Other-(Specify) Total Administrative$C�neraf $ - $ Tota!Fire District/Agency $ -- $ $ _ $ $ Alit AfamS MW35 iIn<alpola 1 ed t,1efe i eli vi Me 59G G-035.L.A,£. 5,h2MIS reponse Page ll.of 22 Page 509 of 973 SId�C el A,­iv r I Adm krisrralion A HI A 011 rfiedli SCHEDULE 3-NON-MTS EXPENSE Fire Depar.ent I Agency N.— 0 Fiscal Year Ended, January 0,1900 National Provider Identification a 2 3 4 Generat Lim No. Coat Cirri Lodger NON-MTS Expense Aflocatiid Direct To"'ions Totar AdjusAments Total NON-MTS Expense. A�owt seReclassifications Sisificat Number Capital Related _i.'ff brpre_c'iatio_n-_Buildings and improvements $ 2,00 Depreciation-Leasehold Improvements 3.00 Depreciation-Equipment- 400 Depreciation and Amortization-Other 5�0_0 Leases and Rentals 600 Property Taxes 700 Property Insurance— - -------------- 8.00 Interest-Property,Plant,and Equipment 900 Other-(Specify) 1000 Other-(Speedy) Told Cstiolni,i Related(Lines 1.00 in-1 irr 00) $ Salaries 1100 Administrative Chief $ S 12.00 Chief 13.00 Non-MTS Salaries 1 14.00 15.00 Other-(Specify) 1600 Other-(Specry) 00 Other- (Specify) 1800 Other-(Speedy) Subtotal Selanes(Lines 11.00 thru 113.00) $ Fringe Benefits 16160-1 Administrative Chief $ 20-00 Chief 21.00 Non-MTS Salaries 22.00 MTS Salaries 23.00 Other-(Specify') 24.00Other-(Speedy) 2�_YO_bth_6� r 26,00 Other-(Specify) Subtotal Fringe Benefits(Lines 19.00 thru 26M) Total Sed.i—&Fringe Benefits Thal Capital Fiel'ailed,-S,W­,a_r_1�_,,a_nd_F"ring—ei-e—ne —fits $ $ $ Administrative and General Vbij Ad-m—Inistrative $ $ ---------- 28.00 Legal 200 AocounPi� - 30.00 Advertising ................... 31-Oil Consulting Expenses 32,100-Contracted Labor 33,00 Interest-Other % 34,00 Training 35.00 General Insurance 36.00,Supplies 3700'Bad Debt 38,00 Plant Operations and Maintenance 3900 Housekeeping 4000 Utilities 41,00 Medical Supplies -02-00 Minor Medicaltquipm­ent­ ............... 43,00 Minor Equipment .. ........... 44.00 Fines and Penalties .-4566-_Fleet Maintenance 46.00 Communications 47,00 Recruit Academy 48.00 Dispatch Service 49.00 Logistics 50,00 Postage 51.00 Dues and Subscriptions 5200 Other-Capital Related Costs 5300 Contracted Services-MTS 54.00 Contracted Services'-MTS Billing - - Other-Other-(Specify) 5600 Other-(Specify) 57._0_0_ Other'-(Specify) T.t.fAd,Wh&t,.i&General Sd,3 U.,MTS bis— P,,,12 0122. Page 510 of 973 M,I,a6 ,dd, A&—For Hnal tlt C a,ArErrriarOraliun ARCA I neer Wd,caM—p,,t,li,,,C,A R,p,,I Total Fire Disfrict I Agency $ Page 511 of 973 State of Florida-Aaenry Lot Health Care Adniniotalipn AICA (move Into Wi(al Tranynma Hon Cost Repan[ SCHEDULE 4-ALLOCATION OF CAPITAL RELATED AND SALARIES&BENEFITS(CRSS)EXPENSE Fire Department/Agency Name: 0 Fiscal Year Ended: January 0,1900 N ational Provider Identifitatian 4 1 2 - S 4 5 6 General Tata) Ledgsete he er ExpenTotal Adjustments Net Expense to be NGN-NITS Line Na. Cost Center ReclassTcations MTs Allocation Account Apportioned JA) tBJ Apportioned AOocatio-n Number Capital Related 1:00 Depreciation-Buildings and Improvements $ $ $ $ $ 2.00 Depreciation-Leasehold Improvements 3.00 De••precoflon-Equipment 4.00 Depreciation andArnortization-Other 5.00 Leases and Rentals 6.00 Property Taxes 7.00 Property Insurance - 8.00 Interest-Property,Plant,and Equipment. ........_. — ..._.__ 9 O(F Other-(Spec fy) _ 10.0(} Other-(Specity) - Total Capital Related(Lines 1.00 tnru 10.00) $ $ $ $ $ $ Ca"Ital Related Allacatian Siatlstlos for direct Service Cost Altocatian Descdp lion Square Ft Factor MTS Square Footage 0.00% Non-MTS Square Footage 000% Total Square Feet to be Apportioned 0.00% 1 2 9 4 5 5.. Expense to be Tpiat Total Adjustments Net Expense to be MTs Allocation NON-MTS Line No. Cast Center Account Apportioned Reclassifications Apportioned Allocation Number i oels 6,.. ,.,.. Salaries 11.00 Administrative Chief -- .._._-. _�. 1200. Chief 1300 Non-MTS Salties 14.00 MTS Salaries. - - - - ..._1500 Other-(Specify) - 18.00 Other-(Specify) 17.00 Other-(Specify) 1800 Other.(Specify) .Subtotal Salaries fLines 11.00 thru 111.001 $ $ _ $ _ $ _ $ _ $ Fringe Benefits 19.00..Administrative Chief $ $ $ e $ _ $ - $ 29.00 Chief __ 21.00 -We n-MT_SS afartes 22.00 MTS Salaries 23.00 Other-(Specify) _.__._...._. 24.D0 Other-(Specify) 25.00 Other-(Specify) 26.00 Other-(Specify) _... Subtotal Fringe Benefits(Lines 19.401hru?0.401 $ . $ _ $ _ $ _ $ -- $ Total salaries&Fringe Benefits $ $. $ _ $ $ Sataries/Benefits Allocation Statistics for Direct Service Cost Allocation Description Total tlrs Factor Hours Logged for MTS Duty Hours Lagged for NON-MTS Dirty Total Hours to be Apportioned 0.00% AkKA.Lurm}SQOn-W35,_„ _,intmpdra[ed try relerenre nr Pule S9C G.415,rA.r. W,q.CRS pogo 14 of 22 Page 512 of 973 3[3te of f lar M1a-PfEancV f nr fYalrh Core Ar�rrinPslle+ion Allth Eri�eiNM%y RM q'�tpl li3nx7or t.`lion Eos?Nxpp+l AW A ltrrnr WNYO+r34. L,,l"",wr Nale.59th 035 .kc kl.n_cm Naps kS o1'22 Page 513 of 973 State aI11,,id a Agenot Fo,heal Or(ate Ad,iiisijatio,i AKA Emergency YAedl[af I I SCHEDULE 5-ALLOCATION OF ADMINISTRATION&GENERAL Fire Department i Agency Name: 0 Fiscal Year Ended January 0,1900 National Provider Identification: 0 1 2 3 4 Genesel Ledger Expense to be Total Net Expense to be NON-MTS Lim ..NCost Center A"ount Apportioned R ImIsificruitans Total Adlustments MTS Allo-alion Apportioned Allocation Number Administrative and General 27.00 Administrative 28_00 Legal 29.00 Accounting 30.00 Advertising 31.00 Consulting Expenses 32,00 Contracted Labor 33,00 Interest-Other 3400 Training 35_0d-GeneralInsurance 3600 Supplies 37.00 Bad Debt 3800 Plant Operations and Maintenance 3900 Housekeeping 40.00 Utilities 41.00 Medical Supplies 42.00 Minor Medical Equipment 4300 Minor Equipment 4400 Fines and Penalties 4500 Fleet Maintenance 46.00 Communications 47.00 Recruit Academy 48.00 Dispatch Service 49.00 Logistics 50.00 Postage 0-0 Dues and Subscriptions 5100 Other-Capital Related Costs 53.00 Contracted Services-MTS 54.00 Contracted Services-MTS Billing 5600 Other-(Specify) 56.00 Other-(Specify) 57,00 Other-(Specify) Total Admini'sUative s General Selection of Allocation Statistic Any variation olilhe allocation statistic must be approved prior to implem entallon and documentation Must be readily available for review. Allocation Statistics for Admilrdstraficin atild Genii Ex se Description accumufaled Bpemse Factor Accumulated Cost of MTS Services(from Sch 2,Cal 5) 000% Accumulated Cost of NON.MTS Services(from Sch 3,Col 5) 3 0.00% Total Accumulated C"of MTS and NON-MTS Services S O.oO% Aiii(A 1—KW,X)35,_Inca P11111d by reference in P111 DU G 035,[,AC. $005 AG Page 16 1122 Page 514 of 973 ANCA M-6-1 T.-,p—fl—t..atii Rp,0 SCHEDULE 6-RECLASSIFICATION OF EXPENSES Fire Depaorent/Agency: 0 Fiscal Year Ended: January 0,1900 Nahonal Provider identification 0 INCREASE DECREASE Line EXPLANATION OF ENTRY Schedule Amount Number Code Cost Center Line Shdl Number nt Cost Center Schedule Amount 1 2 3 4 5 6 7 8 2 4 5 6. 7. ——------------------------------ ...... 9 10 11. 12 13 14. 15 17 18 19- 20. 21 22. 23- 24. 25. 26. ...................--—----------...................------- 27. 28- 29 30 33, 34, 35. 3& 37. 38. - 39- 40 41 42. 43- 44. 45- 46, 1 47 48 49. 51. 52. 3 54. 55 57, 56. 59, 60. Total Red assificatirt ns(Col.4&7 rnust equal} AW A fo,,,,5O9Q 0035, 3 S,FA C. 6- Nage 170122 i...�p,-,d by f--i,R,k 59G-6A Page 515 of 973 State ofFlorida-Agency For Health Care Administration AHCA Emergency Medical Transportation Cost Report SCHEDULE 7-ADJUSTMENTS TO EXPENSES Fife Department I Agency 0 Fiscal Year Ended January 0,1900 National Provider Identifil 0 Basis for Adjustment(A Amount Increase Cost Center Schedule CPR Line No. Description or B) I(Decrease) 4 5 2. 4. 7. 8 9. 11. 12. 13. 14. 15. 16. 17. 18. ................... 19. 20. 21 22. 23. .m..._............ ... 24. 25, 26. 27. 28. ............ .................. 29. 30. Tota I AHCA Form 50000035, incorporated ll reference in Rule 59G,6,035,F.A.C. Sch 7-Adptments Page IS.122 Page 516 of 973 Man,of Ili,id,.Agency For lkahli ra,e Arinhlig,a l ion ARCA rnlergen Mediral Tr.11",tation(I Renwi SCHEDULE 6-REVENUE/FUNDING SOURCES Fire Department/Agency: 4 Fiscal Year Ended' January 4,1949 National Provider Identifoadorr 4 A t. 2. 3 4 5 B CRIT I Qtr 2 W3 gtr 4 July i through October 1 through January 1 through April 1 through MEDICAID FEE F6R.SERVICE(FFS)REVENUE FROM TRANSPORTS Total September34 December 91 Minch 31 June 34 1.'Medicaid Fee for Service $ 2. Medicaid Fee for Service Other-(Specify) 3, Medicaid Fee for Service Other-(Specify)" 4 Medicaid Fee for Service Other-(Specity)" 5.Medicaid Fee for Service Other-(Specify)" 6 Medicaid Fee for Service Other-(Specify)' Total Medicaid FFS Revenue from Transports o Sch 9,Line 13 $ - $ - $ B t 2 3 _ 4 5 6. Qtr i Qtr 2-: Qtr 3 Qtr 4 OTHER MEDICAID REVENUE FROM TRANSPORTS July1 through October 1 through January1 through. April through Total September 34 December 31 March 31. June 34 7. Medicaid Managed Care - 8. Medicaid Managed Cate Other-(Specify) 9. Medicaid Managed Care Other-(Speedy) 10_.Medicaid Managed Care Other-(Specify)'" 11,Medicaid Managed Care Other-(Specify) - _.12 Medicaid Managed Care Other-(Specify) Total Other Revenue from Medicaid Managed Care Transports $ - $ - $ - $ $ - [b] t'. 1 2 3 4 OTHER REVENUE I FUNDING SOURCES MTS NON-MTS Total 13. - $ - 14 15. 16. 17. - 18. 19. 20. 21 22. 23 24. 25 26. 27 26. 29. 30 _.. - . 31. 32 33. 34. 3S. 37. 38. 39. 4(3. Total Other Revenue $ $ $ lc] GRAND TOTAL(a+b+c] Note: ' Line I through 5-Enter payments for FFS ti-ansports received from Medicaid.(i.e.Share of Cost,Other Heath Care,Deductibles,etc,) " Lines 7 through 12-Enter Medicaid Managed Care revenue from transports Medicaid Managed Care.Medicaid Managed Care other,Other Heath Care,Deductibles,etc. Lines 13 through 44-Enter other Revenues received and list the funding sources not identified on lines I through 12. AI CA Farm KW J incnrpn ,rdb r¢ip ncc in R0,59C4075,F.A,(.. 4d'a-RN i— Page loot?I Page 517 of 973 AFcA In... SCHEDULE 9-FINAL SETTLEMENT CALCULATION Fire Department fAg—y 0 Fiscal Year Ended: January 0,1900 N ainonal Provide,Id-tifin.fi.. 0 Average Orastper EW Service 1,Cost of MTS Service,tiron.Sch 2) 2,Indirect Cost Factor Based on i Services?{please use drop-d—i select Yes or NO) No 3,if no,please enterthe total cost to be used forcalculating the Indirect Cost 4,Indirect Cost Factor Parceritage(please see notes below) 5 Administrinuon&General Allocation from Son 5 &Administration&General to be included 7,Grand Total of NITS Expense(Sum lines 1 thru 4) 8,Number of MTS transports FI-Msdic.ld Other Managed[are Pec for Service Qtr I July 1 through S.ptesinni 30 Qtr 2 October 1 through December 31 Qtr 3 January 1 through March 31 Qtr 4 Al I through June 30 9.Average Cost per i Transports(Line 7/1 iij AverageCotitper EMT Sesvlce Qu,I Cm 2 cit,3 Qtr 4 Totals July 1 through 011 through January I through April I through September 30 December 31 Mardi 31 )one 30 10.Total No.of Medicaid Fee for Service HAT Transports 0 0 a 0 0 11.Total Cost of Medicaid EMT Transports(Line 9 x Line 10) $ - 12.1 Total Medicaid Revenue from Transports ti Sch 8) 13 Net Cost of Transports 14 Non Federal Share Reduction 15 Net Federal Participation Amount(FIVIAP-6130 (A) if the percentage-based indirect cost factor is elected,review SPA 15-024,Section C,Paragraph T.h.and submit supporting documentation with the cog report submii (3) in most rases,when an Indirect Cost Factor is being applied,there should be no Administration&General cost allocated. AIKAI— X-0035_ I....1,d by,dr,....m i S%b Dn',r.A.0 Pa8,�0 rl 22 Page 518 of 973 State of Florida-Agency For Health Care Admiristra€ion AHCA Emergerxy Medical Transportation Cost Report SCHEDULE 10 -NOTES Fire I)epartment/Agency. 0 Fiscal Year Ended: January 0,1900 National Provider Identification: 0 Please identify all contracting arrangements noted on Schedules 1,2,and 3. Sch Line Contract Arrangements Amount Please identify the statistical basis for allocation on Schedules 4 and 5. Sch Line Allocation Basis Amount If any schedules were left blank,please explain why. Sch Explanation AHCA Form 5000-0035, incorporated by reference in Rule 59G-6.035,F.A.C. Sch 10-Nates Page 21 of 22 Page 519 of 973 State of Florida-Agency For Health Care Administration ARCA Emergency Medical Transportation Cost Report ANCA Form 5000-0035, ,incorporated by reference in Rule 59G-6.035,F.A.C. Sch 10-Notes Page 22 of 22. Page 520 of 973 EXHIBIT B CONTRACTOR'S PROPOSAL DATED JUNE 18, 2019 Contract No. 19-020/SS (Consisting of 145 pages) 50 Page 521 of 973 PCG fmaM Public Focus. Proven Results.' Palm Beach County Board of County Commissioners and Fire Rescue Florida 'Certified Public Exper-iditure Program for m rgri y Medical _.r r-irC C r-i ( _ ) Copy ................................................................................................................................................................... June 18, 2019 Sandy Shea Palm Beach Coun#y Board Of County Commissioners Purchasing Der)ar;men; 0 Sou;h Mili;ary frail, Sui#e 110 Wes, Palm Beach, Florida 33115 � t �- as � ,�,. �_4 ,� ,e a•_ e�` �� ��` �� - k a Public Consulting Group, Inc. is an Affirmative Action/Equal Opportunity Employer. Page 522 of 973 Letter of Transmittal i�l�i Il �I PUBLIC CONSULTING C ROLIP Page 523 of 973 N,: Fil PUBLIC CONSULTING - - - GROUP - Public Focus. Proven esults.T" June 18, 2019 Sandy Shea, Senior Buyer Palm Beach County Board of County Commissioners Purchasing Department 50 South Military Trail, Suite 110 West Palm Beach, FL 33415 Dear Ms. Shea: Public Consulting Group, Inc. (PCG) is pleased to present a response to Palm Beach County, Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT), RFP No.19-020/SS. PCG has developed a proven methodology to provide the most comprehensive set of consulting and cost reporting services for the PEMT program. Through our experience with the PEMT program, we have developed internal processes to accurately and efficiently complete and analyze the data included in the PEMT cost report. In addition, our strong and well-developed relationship with the Agency for Health Care Administration (AHCA) allows us to represent our client's interests and have a healthy dialogue regarding the current and future intricacies of the PEMT program in the State of Florida. Due to our prior experience, we are the most qualified team to provide the services outlined in the Request for Proposal (RFP). PCG will perform all work as outlined in the RFP. As an overview of our response,we have called out some important highlights to reinforce why we are best positioned to partner with Palm Beach County. We are Leaders in National EMS Revenueei rs n ro r s PCG currently works nationwide with multiple state Medicaid agencies and EMS providers, including Texas, Massachusetts, Oklahoma, Kansas, Washington, District of Columbia and Florida, to develop, implement and/or administer EMS revenue enhancement initiatives. Within the state of Florida, PCG has worked with over 45 providers since the program's inception in 2016, including Palm Beach County, as well as built a strong relationship with AHCA. Last year alone PCG submitted over$27 million in reimbursement settlements for our Florida providers. All of our experience and knowledge with EMS revenue reimbursements has propelled us to become the leader nationally in this field. We Have the Most Florida PEMT ProgramExperience Since the inception of the FL PEMT program in 2016, we have worked with over 45 fire departments and ambulance services providers within the state to identify reimbursable costs and assemble cost reports. Our Florida experience allows us to better understand specific challenges faced by providers in meeting stringent state and federal program regulations. 148 State Street, 10"'Floor,Boston,Massachusetts 02109 1 Telephone: (617)426-2026 I www.publicconsultingroup.com Page 524 of 973 Ms. Sandy Shea June 18. 2O1Q Page We have developed ac|ose relationship with AHCA by serving as liaison for our participating providers during implementation of the proQrem, cost report submission and compliance reviews. In preparation for FY16 cost report submission, PCG organized and facilitated a PEMT summit for EMS providers to gain awareness and ask AHCAquestions about the program.With extensive experience inraising programmatic issues and responding hocompliance review inquiries, we will meet and exceed the County's need for competent and reliable voice with the administering agency of the PEMT. PCG will work with /\HCA on behalf of Palm Beach to ensure a successful experience and get expedited resolution when issues or questions arise. Our Web-Based Cost Reporting Tool to Facilitate Compliance PCG is the only vendor that uses a web-based cost reporting tool in addition to the hands-on analysis from a team of cost reporting experts. While serving as the hub for data collection, our proprietary system also implements real-time validation checks for quality assurance and accuracy. Before a000t report can be certified, the system requires a response or edit on any validation check that is triggered. Any significant fluctuations in data would require confirmation from the County. This additional measure of compliance is an important component in our plan to prepare the most conservative and highly compliant cost reports for Palm Beach County. We Provide Unmatched Value-Added Services Our coot report preparation and cost settlement support will a||ovv Palm Beach County to generate maximum allowable revenue while mitigating audit risk.Through a full-service delivery model, we offer cost reporting expertise that optimizes revenue and reduces the administrative burden on EMS providers. We will provide full support to the County throughout AHCA's compliance review process, drafting letters and providing supporting documentation to meetAH[)A'o requirements and expedite settlement payments. Comprehensive reviews will be conducted of all cost settlement files, performing detailed analysis of billing reports to ensure that all a||nvveb|e charges and payments are included in the calculation of the final settlement. One of the system's more beneficial data validation components is the ability to conduct year- to-yearoompariooneofcootreportdata /e.g.. oignificanttvendainbiUingandfinoncia| do1e>. Our Team Draws on Subject Matter Expertise PCG is comprised of financial and programmatic subject matter experts, particularly with a focus on EMS reimbursement programs. The experienced professionals from our revenue enhancement teem have worked with thousands of state and local governmental entities and have successfully recovered hundreds of millions of do||em for clients. We have extensive experience with Centers for Medicare and Medicaid Services (CK88) cost reporting requirements and provide clients with unmatched cost reporting services. PCG will draw on a host of cost reporting experts from around the country and the County can rest assured that the project teem for this engagement will be readily accessible. Your dedicated project team will maintain close contact with the County's officials throughout the life cycle ofthis important engagement. Summary Outlined in this proposal is the background, experience and qualifications of nsaourceo, as well as the approach to PEMT services that PCG will undertake to assist the County in realizing revenue as part of this opportunity. Ql6Congress Ave,Suite lll0,Austin,I}LITelephone: (6l2)4Q7'9680 Page 525 Of 973 Ms. Sandy Shea June 18, 2019 Page 3 The principal contact to answer questions or provide additional information for this proposal will be James Dachas and can be reached as follows: James Dachas Public Consulting Group, Inc. 99918 th St., Suite 1425 Denver, CO 80202 idachos@r)caus.com 512-287-4675 We appreciate the opportunity to assist Palm Beach County again and look forward to your review of our proposal. Sind y, Marc Staubley Public Consulting 41nc.816 Congress Ave, Austin, TX 78701 stuble @ c us.co 816 Congress Ave,Suite 1110,Austin,TX Telephone: (S 12)407-9680 Page 526 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS TABLE OF CONTENTS Letter of Transmittal 1. Experience/Qualification /Background / References Information.......................................................2 2. Project Approach / Understanding Information. .................................................................................11 3. Key Personnel and Operations Information.......................................................................................22 4. Business Location / Local Preference ...............................................................................................45 5. Commercial Non-Discrimination........................................................................................................46 6. Financial/ Business Stability.............................................................................................................47 7. Price Proposal Information —AppendixA........................................................................................124 8. Business Information —Appendix B.................................................................................................126 9. Amendments to the RFP.................................................................................................................127 10. Additional Information...................................................................................................................129 Public Consulting Group, Inc. Page 1 Page 527 of 973 1 . Experience / Qualification / Background / References Information Fiii PUBLIC CONSULTING C ROLIP Page 528 of 973 June 18. 2O10 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEK8T) RFP#10'O2O/88 SECTION 3'1: ExpeKience/Qualification/Backgmound/References Information 3.1.1 Each proposer shall submit a detailed statement of their experience, qualifications, and background for providing PEMT reporting services to eligible PEMT entities within the State of Florida Public Consulting Group, Inc. (PCG) brings an unmatched familiarity with the Florida Public Emergency Medical Transportation (PEK8T), an established relationship with Florida's Agency for Health Cane Administration (4HCA), and the experience nfbeing the national leader in Emergency Medical Service (EK88) revenue maximization projects. We dnovv on each of these strengths to continuously deepen and update our experience with the Florida program, with cost reporting trends and with best practices nationally. Our Experience with the Program is Evidenced Through our Successful Florida Engagements We are the leader among vendors assisting Florida's EK88 providers in program implementation and preparation of cost reports. Since the implementation of this program in 2016' with PCG supporting Florida's PEK8T pnngnom' EK88 providers working with us have realized more than $62 million in additional revenues. We have worked with 48 Florida EK88 providers to implement the PEK8T program. In working with some of the state's largest fine departments. stand-alone EK88 providers, along with smaller cities, and hospital and health districts, we have realized the unique challenges and requirements that providers toms throughout program implementation. From our firsthand experience, we can develop a customized approach to meet each client's distinct needs. We are Intimately Familiar with EMS Cost Reporting ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- Pub|icCnnsu|UngGnnup. |nc. Page 2 Page 529 Of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS PCG has the most qualified subject matter experts (SMEs) in Medicaid cost reporting. Our staff have designed and built cost reporting programs for several state Medicaid agencies, and they manage the development and submission of hundreds of annual federal cost reports for public service providers. The project team working with Palm Beach County has prior experience working in Florida on the PEMT program and directly with the County in previous years. Florida is Strengthened by PCG's Nationwide Medicaid Expertise PCG has deep roots in PEMT and includes an established, nationwide consulting firm with 61 offices and a presence in all 50 states. PCG has experience working with various Medicaid provider settings, including hospitals, school districts, public health agencies, behavioral healthcare agencies and ambulance service providers. The PCG team that will serve the County has many staff with healthcare regulatory expertise, proficiency in financial management, as well as strong technical and operational skills. We have successfully recovered hundreds of millions of dollars for our clients. PCG professionals are experts in OMB Supercircular (2 CFR Part 200) and Medicare/Medicaid principles of reimbursement and CMS cost reporting requirements. Our Relationship with AHCA Keeps our Qualifications and Experience Current and Relevant PCG has cultivated a relationship with the Florida Agency for Healthcare Administration (ANCA), the state agency overseeing PEMT, and the specific requirements and procedures of the program. This relationship is continuously strengthened through our work on behalf of our Florida provider clients. Since program inception in October 2016, we have helped more than 48 Florida entities file for more than $62 million in claims. In addition to managing the Fee-for-Service Certified Public Expenditure project, we are helping support the Florida Medicaid agency in the development of a Managed Care Organization (MCO) reimbursement process. Public Consulting Group, Inc. Page 3 Page 530 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS PCG has been working with Florida Fire Chiefs Association (FFCA), AHCA, and the participating providers to include MCO transports in the PEMT reimbursement program. PCG has been working closely with the FFCA and the State Medicaid agency to achieve Centers for Medicaid and Medicare (CMS) approval for an MCO supplemental payment program. The County will need to prepare to participate in the program, and PCG can assist the County through initiation and operations of the MCO program. PCG is Engaged Throughout the Entire Cost Reporting Process By working with more than 30 Florida clients to file their reports in the inaugural round, we played an integral role to appropriately interpret Federal CMS regulations, translate our client's working data (as regulated by Florida statutes, chapter 401) into the AHCA template, and monitor updated guidance as it became available. In addition to using our knowledge to the maximum benefit of the County, we will act as a liaison to AHCA throughout any ongoing program updates, cost report submission, and payment processes. Responses will be expeditiously drafted to address questions that arise during AHCA desk reviews, and we will work with AHCA to accelerate supplemental payments to the County. Public Consulting Group, Inc. Page 4 Page 531 of 973 June 18. 2O10 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEK8T) RFP#10'O2O/88 3.1.2 Each proposer should submit a minimum of three (3) references demonstrating the successful provision of PEMT reporting services to PEMT agencies within the State of Florida within the past(3)year(s). Each reference should include the following: a. Name of client company, contact names, addresses, email address, telephonelfax numbers, dollar amount of contracts and dates of service. b. Scope of Work, types of services performed and number of full-time staff provided Reference Orange County Fire and Rescue Department Orange County Florida EMS Continuing Public Expenditure Program Alex Morales 6590 Amory Ct Winter Park, FL 32792 (407) 836-9015 Dollar The current dollar amount of the contract is based off a contingency fee of 9% of the Amount of incremental revenues generated through the Emergency Medical Services CPE cost Contract reporting process. Date of June 2016 to present day. Service Types of The types of services that Public Consulting Group has performed have involved cost Services report compilation, data analysis based on provider reported data, legislative support, Performed and ongoing audit and compliance support. Full Time We currently have three full time employees working on this project. Employees Public Consulting Group, Inc. Page Page 532Of973 June 18. 2O10 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEK8T) RFP#10'O2O/88 • Drafting application materials and responding to requests for additional information necessary for the provider to gain approval to participate in the Ambulance Supplemental Payment Programs. • Preparing a fiscal impact study and presenting results to city/department/state stakeholders to demonstrate benefits of a Continuing Public Expenditure ("CPE") Program, Medicaid Managed Care supplemental payment, and uninsured CPE (if applicable) program to the provider. • Identifying eligible costs and developing appropriate cost allocation methodologies to report only allowable costs for providing emergency medical services to Medicaid and, as applicable, uninsured populations. • Preparing the annual Medicaid cost report for EMS on behalf of provider. • Conducting analysis of the provider's financial and billing data to prepare and submit annual cost reports, the mechanism for providers to receive additional revenue under Ambulance Supplemental Payment Programs. • Providing comprehensive desk review support, including but not limited to conducting Scope of reviews of all cost settlement files, performing detailed analysis of billing reports Work generated by Medicaid agencies to ensure that all allowable charges and payments are encompassed in the calculation of the final settlement, and drafting letters and providing supporting documentation to meet Medicaid requirements and expedite • Performing relevant analysis to determine a viable Medicaid managed care supplemental payment methodology. • Executing Medicaid managed care supplemental payment calculations in adherence with the approved methodology. • Determining enhanced supplemental payments realized by provider, as necessary. • Conducting comparative analysis to identify significant trends in billing and financial • Providing charge master review to ensure that the provider is optimizing charges to drive revenue generation. • Meeting with the Florida Agency for Health Care Administration (AHCA) and County to further develop the supplemental payments program for both Medicaid managed care and uninsured patient transports. Public Consulting Group, Inc. Page Page 533Of973 June 18. 2O10 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEK8T) RFP#10'O2O/88 Reference City of Sunrise Fire and Rescue Department City of Sunrise Florida CPE Public Emergency Medical Transport Program Christopher Shannon 10440 W Oakland Park Blvd Sunrise, FL 33351 (954) 746-3412 Dollar The current dollar amount of the contract is based off a contingency fee of 9% of the Amount of incremental revenues generated through the Emergency Medical Services CPE cost Contract reporting process. Date of October 2016 to present day. Service Types of The types of services that Public Consulting Group has performed have involved cost Services report compilation, data analysis based on provider reported data, legislative support, Performed and ongoing audit and compliance support. Number ofm Full Time We currently have three full time employees working on this project. Employees Public Consulting Group, Inc. Page Page 534Of973 June 18. 2O10 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEK8T) RFP#10'O2O/88 • Drafting application materials and responding to requests for additional information necessary for the provider to gain approval to participate in the Public Emergency Medical Transport Programs. • Preparing a fiscal impact study and presenting results to department/state stakeholders to demonstrate benefits of a Certified Public Expenditures ("CPE") Program and the proposed Medicaid Managed Care Transport Revenue Program. • Identifying eligible costs and developing appropriate cost allocation methodologies to report only allowable costs for providing emergency medical services to Medicaid and, as applicable, uninsured populations. • Preparing the annual Medicaid cost report for Public Emergency Medical Transport Program on behalf of provider. • Conducting analysis of the provider's financial and billing data to prepare and submit annual cost reports, the mechanism for providers to receive additional revenue under Public Emergency Medical Transport Programs. • Providing comprehensive desk review support, including but not limited to conducting reviews of all cost settlement files, performing detailed analysis of billing reports generated by Medicaid agencies to ensure that all allowable charges and payments Scope of are encompassed in the calculation of the final settlement, and drafting letters and Work providing supporting documentation to meet Medicaid requirements and expedite • Performing relevant analysis to determine a viable Medicaid Managed Care Transport Revenue supplemental payment methodology. • Executing Medicaid Managed Care Transport Revenue supplemental payment calculations in adherence with the approved methodology. • Determining enhanced supplemental payments realized by provider, as necessary. • Conducting comparative analysis to identify significant trends in billing and financial • Providing charge master review to ensure that the provider is optimizing charges to drive revenue generation. • Meeting with the Florida Agency for Health Care Administration (AHCA) and Client to further develop the supplemental payments program for both Medicaid Managed Care Transport Revenue. • At the request of the Client: Respond to, and represent Client on any AHCA or CIVIS audit, review or communication regarding any Public Emergency Medical Transport Program cost report prepared and delivered to AHCA on behalf of the Client. Public Consulting Group, Inc. Page Page 535Of973 June 18. 2O10 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEK8T) RFP#10'O2O/88 Reference City of Plantation Fire Rescue Department City of Plantation Florida EMS Continuing Public Expenditure Program Joel Gordon 400 NW 73rd Avenue Plantation, FL 33317 (954) 797-2150 Dollar The current dollar amount of the contract is based off a contingency fee of 15% of the Amount of incremental revenues generated through the Emergency Medical Services CPE cost Contract reporting process. Date of February 2017 until present day. Service Types of The types of services that Public Consulting Group has performed have involved cost Services report compilation, data analysis based on provider reported data, legislative support, Performed and ongoing audit and compliance support. Full Time We currently have three full time employees working on this project. Employees Public Consulting Group, Inc. Page Page 536Of973 June 18. 2O10 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEK8T) RFP#10'O2O/88 • Drafting application materials and responding to requests for additional information necessary for the provider to gain approval to participate in the Ambulance Supplemental Payment Programs. • Preparing a fiscal impact study and presenting results to city/department/state stakeholders to demonstrate benefits of a Continuing Public Expenditure ("CPE") Program, Medicaid Managed Care supplemental payment, and uninsured CPE (if applicable) program to the provider. • Identifying eligible costs and developing appropriate cost allocation methodologies to report only allowable costs for providing emergency medical services to Medicaid and, as applicable, uninsured populations. • Preparing the annual Medicaid cost report for EMS on behalf of provider. • Conducting analysis of the provider's financial and billing data to prepare and submit annual cost reports, the mechanism for providers to receive additional revenue under Ambulance Supplemental Payment Programs. • Providing comprehensive desk review support, including but not limited to conducting Scope of reviews of all cost settlement files, performing detailed analysis of billing reports Work generated by Medicaid agencies to ensure that all allowable charges and payments are encompassed in the calculation of the final settlement, and drafting letters and providing supporting documentation to meet Medicaid requirements and expedite • Performing relevant analysis to determine a viable Medicaid managed care supplemental payment methodology. • Executing Medicaid managed care supplemental payment calculations in adherence with the approved methodology. • Determining enhanced supplemental payments realized by provider, as necessary. • Conducting comparative analysis to identify significant trends in billing and financial • Providing charge master review to ensure that the provider is optimizing charges to drive revenue generation. • Meeting with the Florida Agency for Health Care Administration (AHCA) and County to further develop the supplemental payments program for both Medicaid managed care and uninsured patient transports. Public Consulting Group, Inc. Page 10 Page 537Of973 2. Project Approach / Understanding Information Fiii PUBLIC CONSULTING C ROLIP Page 538 of 973 June 18. 2O10 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEK8T) RFP#10'O2O/88 SECTION 3'2: Project Approach/Understanding Information The proposer shall provide a detailed narrative description of its approach and methodology for implementing the PEMT program in the State of Florida and all the rules, regulations and requirements associated with the program including, but not limited to, the following: 3.2.1 Overview of the project tasks to be perfonned 3.2.2 County resources which will be required to conduct the study 3�2.3 Timefine for performing the required services from start to completion 3.2.1Overview ofthe Project TmskstobeF»erfonmed We have a complete understanding of the requirements outlined in the request for proposal. Our approach to this work is described below. This approach is based not only on our successful implementation with ntherPEK8T projects, but also on our process improvement analysis nfour past PEK8Twork. Phase 1: Project Kickoff and Implementation In this preliminary phase. PCG will work with the County to establish the County contacts that will be involved in the cost reporting process. Once the contacts are idenUfied, we will schedule a project kickoff meeting with the appropriate individuals to discuss project expectations and specific roles and responsibilities. We will also work with the County to fnnn a communication plan to establish protocols and timeframe for future status meetings based nnthe County's preferences. Last|y, we will provide a data request tnthe County to begin the process of completing the cost report. The items request will include, but not belimited to: w Provider-specific identifier numbers; w Computer Aided Dispatch (CAO) Data; w Capital Usage; ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- Pub|icCnnsu|UngGnnup. |nc. Page 11 Page 539 Of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS • Expenditures for the provider; • Employee data; • Indirect Cost Rate Proposal (if applicable); • Provider revenue received; • Depreciation detail; and • Billing data. The purpose of collecting these data is to determine the allowable costs that exceed other Medicaid revenue the eligible PEMT entity receives for providing EMT services to Medicaid recipients. These data will be used to provide the content for the Medicaid cost report. Phase 2: Cost Report Preparation This phase will focus on the preparation of the annual cost report as well as any necessary supporting documentation to allow the County to receive supplemental payments. During this phase, we document processes and identify strengths, weaknesses and mitigating controls, proactively offering recommendations for strengthening compliance, especially in relation to Chapter 401 of the Florida Statutes. We will leverage our knowledge of state and federal Medicaid billing and reimbursement requirements to make recommendations to the County as the team learns about your data. Additionally, our staff constantly reviews regulations and legislation at both the state and federal levels to ensure its claiming practices are current. Our legal and regulatory staff reviews the Office of Inspector General (OIG), CMS, and other audits throughout the nation, some of which result in policy modifications. We will review if any of these reforms could impact the County and make suggestions to enhance procedures, thus proactively addressing the concerns outlined in other audits. Public Consulting Group, Inc. Page 12 Page 540 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS The cost report preparation phase of the process involves managing the PEMT pre-cost report submittal process for the County. This includes: • Collecting provider information securely via electronic submission; • Uploading data into our web-based cost reporting tool; • Reviewing all submitted data to determine eligible costs for reimbursement under the PEMT program; and • Gaining County sign off during pre-determined status meetings per the communication plan established in the kickoff meeting. These items are further outlined below: Collect Provider Inforrrn tir;n The first step of this process is collecting provider information per the data request discussed in the kickoff meeting. The transmission, collection and storage of this data in an electronic format has increased the focus and importance of creating appropriate protection and controls for data that is sensitive and/or protected. As a hosted solution provider, we acknowledge and accept that it is incumbent on every service provider to enable proper protection and control for the management and safe-keeping of our data, and particularly for the data that we are entrusted to store on behalf of our clients. PCG will take necessary steps to: • Assure appropriate protections and controls are developed and followed; • Apply appropriate standards; and • Comply with pertinent regulations governing the access to protected data such as the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH)Act. Public Consulting Group, Inc. Page 13 Page 541 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS We recognize that having a robust security program is critical in minimizing the impact of threats inherent in today's computing environments. We are committed to maintaining a healthy process of periodic audit and review of our program to assure that we are accomplishing our and the County's goals and objectives in protecting sensitive data, and to assure that the plan evolves to address an ever-changing environment and threat landscape overtime. Once the requested data are uploaded, we will identify the need for additional data and communicate with the County to ensure a timely completion of the Medicaid cost report. When all required data are submitted by the County, we will provide the County a data summary for approval at a pre-determined status meeting. y . Review Provider Information Our web-based cost reporting tool is an invaluable resource in ,E performing data validation in real-time, as data are collected. tE I(6- , t``'� Immediately upon entry, our team will be able to identify variances and discuss their acceptance with the County. We can change the allowable variance limits to be aligned with updated guidance from AHCA or County preferences. The web-based tool also allows the team to give the County feedback on how their expenses compare to other providers for benchmarking purposes. The paragraphs below describe this process and further benefits of using this tool. Public Consulting Group, Inc. Page 14 Page 542 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS INN Benchmark data Create an audit trail Validate data in real t r e � z � Figure 3.2.1:PCG's Web-Based Cost Reporting Tool. Once all data are received from the County, we will input the data into our online tool. As mentioned above, our proprietary system will perform real-time validation checks for quality assurance and accuracy. No other vendor in the country utilizes a web-based reporting tool to compile, review, and audit all data components included in the cost report prior to cost report submission. An automated compliance process is essential to ensure the accuracy of all reported financial information. The information collected from this system will be used to satisfy the reporting requirements for all components of the PEMT program. y« 1 PCG will communicate with the County throughout the data review tff , process with status updates and will clarify any questions regarding the data during status meetings. The cost reporting work will focus on compliance and audit risk minimization, ensuring that all included costs meet OMB SuperCircular (2 CFR Part 200) requirements and are sufficiently accounted for in auditable financials. After the data are reviewed, we will provide the County with a decision summary for sign off before beginning cost report preparation. During this phase, we will draw on our access to and history with other Florida providers, as Public Consulting Group, Inc. Page 15 Page 543 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS well as our established relationship with AHCA, to provide guidance on necessary determinations such as allowable and shared costs. Our tool combined with our book of Florida clients allows us to provide the County with blinded benchmark data. The County may have an interest in seeing how their cost per transport compares to departments of similar size or with a comparable call volume. In addition, PCG already has multiple years of Palm Beach County's data, allowing us to provide year over year trend analysis and immediate verification of any variances. With a user-friendly interface, data input and cost settlement calculations are streamlined. We implement year-to-year comparisons of billing and expenditures data and identify any areas in which significant changes occur. Because all data are collected in this system, an audit trail is created as the cost report is completed. In addition to the data trail created in the system, the system captures and stores: • Supporting documentation (including a crosswalk to external files); • A crosswalk through allowable cost determination; and • Notes for any variances identified. Because this is created as the cost report is completed, questions from AHCA or an audit request will not be a cause for concern. We will have the information ready to respond to additional requests without requiring surplus information from the County. PCG looks forward to using the web-based tool, as well as the vast cost report experience mentioned above, to assist the County in the successful completion of the Medicaid Cost Report. Phase 3: Cost Report Submission and Desk Review We accept the full administrative burden of cost report preparation and will ensure that County staff is closely involved in the cost report review process before submission to AHCA. We will work towards Public Consulting Group, Inc. Page 16 Page 544 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS establishing protocols and processes that the County can easily replicate in generating the information that will ultimately result in the transfer of funds from AHCA. Prepare Cost Report Submission Package We will complete all ten (10) schedules outlined in the Emergency Medicaid Transportation Integrated Disclosure and Medicaid Cost Report in compliance with the format provided by AHCA. This includes using the web-based tool described above to complete the required schedule. We will demonstrate the web-based tool to the County at their request and provide a preliminary cost report with anticipated settlement results. Review Cost Report to Identify and Address Auditis We will review the cost report and identify all outstanding potential audit risks with the County. We will suggest potential remedies to reduce audit risk and update the cost report accordingly as needed. During this stage, we will anticipate any possible question of the costs reported by finalizing notes addressing potential questions or clarifications on the cost report. In addition, we will provide the County with supporting documentation linking the reported data to the documentation delivered during the data collection process. Submit o lee Cost Report Package to AHCA We will supply the County with a cost report submission package that includes the completed cost report, supporting documentation of financials, and any additional documentation requested by AHCA. In addition, we will provide the County with an in-depth final report review before submission. This ensures all stakeholders and the individual certifying the report sign off on the cost report before submission. After the report is approved by the County, we will provide instructions for submission. Address Feedback of AHCA Reviewof Cost Report AHCA's questions and findings will be addressed during the desk review process. This includes drafting responses, providing supporting documentation and conducting comprehensive billing reconciliations should there be questions regarding the billing data. Leveraging a close working relationship with ACHA, we will be Public Consulting Group, Inc. Page 17 Page 545 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS able to assist the County in swiftly resolving any issues that may arise during ACHA's review of the cost report. We will also be responsible for providing supporting documentation, drafting responses, and undertaking financial accountability during a potential federal audit. We build and maintain a strong collection of supporting files that is well-organized and readily accessible in the event of an audit. We will work closely with the County to help maintain the highest levels of compliance and program integrity while maximizing the County's revenue to the greatest extent possible. Ongoing in-depth assessment will be performed, and we will work with County staff to provide status updates and written reports for internal stakeholders. Phase 4: Ongoing Support We will continue to provide ongoing support to the County after the completion of the cost report and subsequent reviews. These ongoing tasks include: • Continuing to provide policy updates from AHCA and Centers for Medicaid and Medicare Services (CMS) regarding any updates or changes to the program; • Communicating any updates from AHCA relating the date of anticipated reimbursement from the PEMT program; and • Providing audit support in the event of an audit by the state, CMS, or the Office of Inspector General (OIG). We will also provide the County with additional services aimed at increasing ambulance service revenues. In addition, we can provide charge master review services to ensure that the department is optimizing charges to drive revenue generation. We understand the political complexities associated with increasing charges and provide the necessary support and analysis to present to stakeholders. Public Consulting Group, Inc. Page 18 Page 546 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS 3.2.2 County Resources Needed to Conduct the Study The primary utilization of county resources throughout this project will be centered on gathering the required data items needed to complete the ACHA PEMT cost report. If awarded this contract, our first course of action will be to establish a point of contact with Palm Beach County. This individual will be responsible for handling the day-to-day correspondence between PCG and Palm Beach County in addition to making sure required data related deliverables are met on schedule. We expect that, as in previous cost report cycles, the fiscal manager at Palm Beach County will be the point person for data gathering. Since the requested data items for the cost report have not materially changed since the program's inception,the turnaround for data should be manageable for the county. Once the data items have been uploaded onto PCG's proprietary web-based cost reporting tool, our project team will begin reviewing the information provided. During this cost report preparation process, we expect to schedule check-in calls with the Palm Beach County Fire Rescue fiscal manager and finance director on as needed basis to ensure that data categorizations are made correctly. After validating all of Palm Beach County Fire Rescue's data, PCG will input this information into the Emergency Medicaid Transportation Integrated Disclosure and Medicaid Cost Report. To close out the cost reporting cycle, we will schedule an in-person close out meeting with Palm Beach County stakeholders a few weeks before the November deadline to review the annual submission and point out any outliers. 3.2.3 Timeline for Performing the Required Services The Florida PEMT Cost Reporting process is cyclical in nature. Figure 3.2.3 below outlines the four overarching milestones of each cost report cycle over the project's three-year span. Public Consulting Group, Inc. Page 19 Page 547 of 973 June 18. 2O10 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEK8T) RFP#10'O2O/88 Date ^ �°�-*�gumu �����mx-�pu�m m�e���r-uxa�h Mm�h-April 8aog ` Pbame Ongoing Support F/omme 3.23:Proposed Project Timeline Project Kickoff and Implementation After the conclusion of the Florida fiscal year. PCG will reach out to Palm Beach County Fine Rescue to determine who the county contacts will be for the cost reporting process. Then an in-person project kickoff meeting will bescheduled tnoutline project expectations, specific roles, and responsibilities. For the first year of this cnntnoct, this process will occur at the end of August; hnvvever, in year two and three of this project, the expectation is that the kickoff could occur between July and August. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- Pub|ic Consulting Group, Inc. Page 20 Page 548 Of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS Cost Report Preparation The expectation is that each year the county provides the requested PEMT data by early September. Once PCG is in receipt of these data, we will review and validate all the information from Palm Beach County. After all the data have been quality controlled and we have signed off from the county, PCG will fill out the ACHA cost report template. This period of the cost reporting process will last until the end of November. Cost Report Submission and Desk Review PCG will submit the completed cost report to ACHA by November 30th of that year. At this point, ACHA will conduct their desk review of the submitted report. PCG will respond to any of ACHA's questions about the county's submission. This desk review process typically lasts until the early spring of the following year. ACHA Payments Distributed PEMT cost settlement payments have traditionally been distributed to participating providers by April. PCG will assist Palm Beach County with the completion of their Certified Public Expenditure form which is required to receive payment. Ongoing Support Throughout the lifetime of this contract, PCG will monitor Florida-specific and national legislation and trends as they relate to PEMT programs. Furthermore, PCG will assist Palm Beach County in any interaction required by ACHA during the cost reporting process itself and for any future requests related to a completed cost report. Public Consulting Group, Inc. Page 21 Page 549 of 973 3. Key Personnel and Operations Information Fiii PUBLIC CONSULTING C ROLIP Page 550 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS SECTION 3.3: Key Personnel and Operations Information 3.3,1 An Organizational'Chart identifying the structure of firm. Public Consulting Group, Inc. (PCG) is a government management and operations consulting firm headquartered at 148 State Street, in Boston, Massachusetts. Established in 1986, PCG has been serving primarily public-sector clients nationally and globally for 33 years. The firm has extensive experience in all 50 states, clients in six Canadian provinces, and a growing practice in the European Union. Currently, PCG has domestic contracts across five practice areas in all 50 states. Please see Figure 3.3.1.a for a geographical representation of all the states in which PCG does business. Today, with more than 2,000 professionals in over 50 offices around the U.S., Canada, England, and Poland, our firm is committed to providing proven solutions and outstanding customer service to our clients. PUBLIC CONSULTING GROUP,INC. CCBRPORATE CURREW7 CONTRACTS n ? CANADA EoSTON it r, POLAND i ®PCG Corporate Contracts c PCG corporate Headquarters PCG Office UNITED KINGDOM Figure 3.3.1.a Public Consulting Group, Inc. Page 22 Page 551 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS PCG PCG Health helps state and municipal health agencies to respond optimally to reform initiatives, restructure service delivery systems to Niblic Focuis. ProverKesujts, "" best respond to regulatory change, maximize program revenue, and achieve regulatory compliance. The practice area uses industry best practices to help organizations deliver quality services with constrained resources, offering expertise in strategy and finance, revenue cycle management, and payer support services. PCG Health is a recognized leader in health care reform and health benefits exchange consulting, a leading provider of revenue enhancement, rate setting, and cost settlement services, and a leading provider of health care expense management services. Please see Figure 3.3.1.b below for PCG's organizational structure. William 5.Mosakowski r Mark Kmetz Michael Marotta Genera) Counsel Daniel Heaney,CFO Debra Clark Corp.Dir Operations information . .. Vice President Edward Forth,00 Services Tony Brown Richard Maguire Pnncipai ResourcesHuman Diane Santora Marketing :. CPtRr:J Affairs Practice Area DirectorsStephen Skinner Principal I Public Partriershi Consulting John Shaughnessy Staubley Kathleen Fallon Mitchell Dobbins pros+cleric,pt�htPe � Grant Eclair 7rvcr' e Area Director Practice Area Director Practice Area director ( Practice Area Director Partnerships,LLC � ' 4 Figure 3.3.1.b Public Consulting Group, Inc. Page 23 Page 552 of 973 June 18. 2O10 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEK8T) RFP#10'O2O/88 3.3.2 A list of key personnel assigned to the project, along with complete resume detailing their experience, education, expertise, qualifications and knowledge of the project Public Consulting Group, Inc. (PCG)'s PEK8Tteam includes a qualified and experienced staff nfsubject matter experts. All members of the PCG team have direct experience with EK88 Medicaid reimbursement generally and the Florida PEMT program specifically. No other vendor offers a more knowledgeable team with as much cost reporting and Medicaid experience. We will bring these resources tnthe full benefit of the Palm Beach County PEK8Tcost reporting services. K8c Joseph McManus and K8c LukeTaffuh. who worked closely nnthe Palm Beach County PEK8Tcnst report last year, bring an unparalleled familiarity with both the data and the particulars of Palm Beach County operations. Below is our team organization chart, as well as all resumes with our team member's relevant experience, education, expertise, qualifications and knowledge of the PEMT program. Fngageme6t Manager James Dachos Project Manager Alissa Narode Project Team Support Staff Joseph McManus Cooper Levine Team Lead Luke Taffuri Trish Alturn Data Lead In the following pages, we have provided detailed staff resumes for all key staff identified in our project organizational chart. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- Pub|icCnnsu|UngGnnup. |nc. Page 24 Page 553Of973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS JAMES DACHOS ASSOCIATE MANAGER AT PUBLIC CONSULTING GROUP, INC. James Dachos, an Associate Manager at PCG, will be serving as the Engagement Manager on this project. Mr. Dachos currently serves as the program manager for EMS Cost Recovery and Compliance initiatives for five states including Texas, Florida, Washington, Colorado, and Oklahoma. As the program manager, Mr. Dachos is directly responsible for the development, design, implementation, cost reporting, and ongoing administration of EMS reimbursement programs. He currently oversees ambulance supplemental payment services for over 50 clients across the state of Texas, more than 40 ambulance providers in Florida, and over 60 providers in the state of WA. Mr. Dachos also oversees the project team dedicated to providing statewide EMS consulting, cost collection, and auditing service on behalf of the state of Colorado. Mr. Dachos has worked closely with state Medicaid departments in the design, development, and gain federal approval for cost-based EMS and school-based services (SBS) programs. He has worked with CMS on behalf of numerous states responding to requests for information pertaining to the State Plan Amendment and other related program components. He has also led comprehensive SBS and Local Health Jurisdiction (LHJ) assessments on behalf of state health departments. Mr. Dachos is responsible for the annual cost reporting process for over 1,000 school districts across the states of Wisconsin, Kansas, Arizona, Colorado, Georgia, and North Carolina, including the collection and desk review of all submitted cost reports and the analysis of district actual costs. He also has led training efforts for school district staff on cost reporting procedures and PCG's web-based cost reporting and Medicaid reconciliation system. RELEVANT PROJECT EXPERIENCE Miami-Dade Fire Rescue, Orange County Fire Rescue Department, Hillsborough County Fire Rescue, Tampa Fire Rescue, Palm Beach County Fire Rescue (among approximately 45 active clients), State of Florida Ground Emergency Medical Transport Program (May 2016 - Present): Program Manager Mr. Dachos: Contracted with 45 departments across the state of Florida to administer consulting services around program design, implementation, cost reporting, and compliance for the Ground Emergency Medical Transportation (GEMT) program. Mr. Dachos leads a team of 20 staff to facilitate the compilation of the annual cost report and provide audit support. Mr. Dachos and his team developed a web-based cost reporting solution to facilitate cost reporting analysis and help ensure compliance. Houston Fire Department, Dallas Fire-Rescue Department, MedStar(Tarrant County), Montgomery County Hospital District, Galveston County Health District, and Garland Fire Department(among approximately 50 active clients), State of Texas Ambulance Supplemental Payment Program (August 2012 - Present): Program Manager Mr. Dachos: Contracted by multiple providers throughout the state of Texas to provide consulting services to design, gain approval for, and implement the Ambulance Supplemental Payment Program (ASPP). Manage the preparation of annual cost reports and provide comprehensive support throughout the State's desk reviews. PCG prepared and submitted the Federal Fiscal Year 2011 through 2016 cost reports for PCG's providers, which has generated significant revenue for the programs. Public Consulting Group, Inc. Page 25 Page 554 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS State of Washington—Approximately 60 public EMS providers Ground Emergency Medical Transport Program (May 2016 - Present): Program Manager Mr. Dachos: Contracted with 60 departments across the state of Washington to administer consulting services around program design, implementation, cost reporting, and compliance for the Ground Emergency Medical Transportation (GEMT) program. Oklahoma Ambulance Association (OKAMA), State of Oklahoma EMS Cost Recovery Program (March 2014 - Present): Program Manager Mr. Dachos: Contracted with OKAMA to establish the most appropriate and effective EMS Cost Recovery Program for the Oklahoma EMS provider community. Responsible for designing, gaining state and federal approval, designing, and administering the program for all eligible participating EMS departments across the state of OK. Colorado Department of Health Care Policy and Financing, State of Colorado EMS Supplemental Reimbursement Initiative (December 2016— Present): Program Manager Mr. Dachos: Contracted to design cost-based reimbursement program for public ambulance providers across the state of Colorado. Gained federal approval and currently in the process of implementing program on implementing program on behalf of HCPF. Developed web-based cost report portal with pre- payment audit controls. School Health Services: School Based Cost Reporting and Cost Settlement (October 2010 — Present): Project Manager Mr. Dachos: Serves as program manager responsible for client management, execution of contract deliverables, subject matter expertise, and the supervision of the processing of school-based cost reports under Medicaid State Plan. Enforces program compliance and revenue maximization. Executes annual audits of school districts to ensure program compliance. Overseas training efforts for school districts on cost reporting and cost settlement procedures. Arizona Health Care Cost Containment System, State of Arizona School Based Health Services: Claiming Program Design and Implementation (October 2010 — Present): Project Manager Mr. Dachos: Assisted the state in designing and implementing a cost-based reimbursement methodology for the school-based health services program. Developed the SPA document outlining the new methodology and all accompanying documents including the cost report and cost reporting guide. Prepared responses to CMS' Requests for Additional Information pertaining to the SPA and other related documents. Conducted financial trainings to assist the LEAs in completing the annual cost report. Serves as project manager. Department of Community Health, State of Georgia Children's Intervention School Services (October 2010— Present): Project Manager Mr. Dachos: Oversees team dedicated to Medicaid state-wide cost reporting and cost settlement operations. Serves as project manager responsible for client management, execution of contract deliverables, subject matter expertise, and the supervision of the processing of school-based cost reports under Medicaid State Plans. Assisted the state in developing and executing audit plan for quarterly Local Education Agency monitoring. Enforces program compliance and revenue maximization. Overseas training efforts for 145 school districts on cost reporting procedures for web-based Medicaid cost reporting and claiming system. Public Consulting Group, Inc. Page 26 Page 555 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS Kansas Department of Health and Environment, State of Kansas School Based Services Cost Reporting / Reconciliation Initiative (October 2010 — Present): Project Manager Mr. Dachos: Oversees team dedicated to Medicaid state-wide cost reporting and cost settlement operations. Serves as project manager responsible for client management, execution of contract deliverables, subject matter expertise, and the supervision of the processing of school-based cost reports under Medicaid State Plans. Enforces program compliance and revenue maximization. Developed and executed audit plan for annual school district monitoring. Overseas training efforts for school district staff on cost reporting procedures for web-based Medicaid cost reporting and claiming system. Department of Health Services, State of Wisconsin School Based Services Cost Reporting / Reconciliation Initiative (October 2010 — Present): Project Manager Mr. Dachos: Prepared responses to CMS' requests pertaining to School Based Services program methodology approval. Oversees team dedicated to Medicaid state-wide cost reporting and cost settlement operations. Serves as project manager responsible for client management, execution of contract deliverables, subject matter expertise, and the supervision of the processing of school-based cost reports under Medicaid State Plan. Enforces program compliance and revenue maximization. Developed and executed audit plan for annual school district monitoring. Overseas training efforts for over 400 school districts on cost reporting procedures for web-based Medicaid cost reporting and claiming system. Department of Social Services, State of Missouri School Based Services Cost Reporting Initiative (December 2015— Present): Project Manager Mr. Dachos: Project lead responsible for identifying how the State of Missouri can maximize school-based Medicaid funding streams, while maintaining the utmost level of compliance. Team is contracted to review Missouri's current school district transportation reimbursement methodology and providing recommendations on how Missouri could maximize federal reimbursement. Additionally, is reviewing school-based clinic models around the country as an approach to maximize federal funding streams. Health Care Authority, State of Washington Financial Audit of Local Health Jurisdiction Medicaid Administrative Claiming (September 2013 — March 2014): Project Manager Mr. Dachos:Conducted a multi-faceted analysis of the Medicaid Administrative Claiming (MAC) program for the State's Local Health Jurisdictions (LHJs). The audit focused on five key review areas: MAC invoice, Certified Public Expenditures, funding offset, indirect cost rate, and Federally Qualified Health Center encounter rate. Analysis and recommendations were derived from a comprehensive data analysis, on-site interviews with LHJ staff, and an examination of pertinent federal and state regulations. Findings and recommendations pertaining to each of the key review areas were presented in the final report. PROFESSIONAL BACKGROUND Public Consulting Group, Boston, MA December 2006 - Present Watson Wyatt Worldwide, Newton, MA September,2004—May 2006 Public Consulting Group, Inc. Page 27 Page 556 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS EDUCATION Clark University, Worcester, MA Master of Business Administration, 2011 Bates College, Lewiston, MA Bachelor's Degree, Sociology, 2004 Public Consulting Group, Inc. Page 28 Page 557 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS ALISSA NARODE SENIOR CONSULTANT AT PUBLIC CONSULTING GROUP, INC. Alissa Narode is a Senior Consultant based in the Albany, New York office and will serve as the Project Manager on this engagement. Since joining PCG, Ms. Narode has supported and led several key initiatives. Ms. Narode is the Project Manager of the Florida Public Emergency Medical Transportation Program and previous team lead on the Washington Ground Emergency Medical Transportation programs where she works with multiple EMS providers in completing Medicaid cost reports. For the State of Illinois, Ms. Narode has conducted independent rate studies on Community Care Programs. For the New York State Department of Health School Supportive Health Services Program, Ms. Narode serves as the project manager and assists in reviewing completed Medicaid cost reports to identify possible reporting errors and works closely with Local Education Agencies (LEAs) to ensure that finalized reports are completed accurately and in compliance with all reporting requirements. On behalf of the Wisconsin Department of Health Services, Ms. Narode works together with county-based health service providers to ensure the accuracy and completeness of annual Medicaid cost reports, including conducting trainings and completing comprehensive desk reviews on completed cost reports. In addition, Ms. Narode served as the project manager for the Wisconsin Federally Qualified Health Center (FQHC) Prospective Payment System (PPS) rate setting project. Ms. Narode joined PCG with broad policy and healthcare experience including more than three years with the New York State Assembly Ways and Means Committee where she served as the Principal Health Budget Analyst. In her role with the New York State Assembly, Ms. Narode acquired extensive knowledge of the state budgeting process, health and public policy, working with data sets and completing research. RELEVANT PROJECT EXPERIENCE Collier County EMS BOCC, Fort Lauderdale Fire Rescue, Hallandale Beach Fire Rescue, Hollywood Fire Rescue, North Lauderdale Fire Rescue, Osceola County EMS, Pompano Beach Fire Rescue, and Polk County EMS, State of Florida FL EMS Public Emergency Medical Transportation (PEMT) Program (January 2017 — Present): Team Lead and Project Support Project: Prepare Medicaid cost reports on behalf of eight governmental EMS providers. Obtain data from the facilities to properly analyze charges, revenue, and expenditures. Complete a thorough review of all expenditures to ensure that all allowable costs were captured and reported in the cost reports. Provide comprehensive audit support to providers. Ms. Narode: Reviews completed reports for accuracy and reasonability to determine Medicaid allowable costs. Facilitates ongoing support between the EMS providers and the State of Florida's Agency for Health Care Administration (ACHA). Benton County Fire Protection District#2, Benton County Fire Protection District#4, Grant County First District#8, Kittitas Valley Fire Rescue, State of Washington WA EMS Ground Emergency Medical Transportation (GEMT) Program (February 2018 — June 2018): Team Lead and Project Support Project: Prepare Medicaid cost reports on behalf of four governmental EMS providers. Obtain data from the facilities to properly analyze charges, revenue, and expenditures. Complete a thorough review of all expenditures to ensure that all allowable costs were captured and reported in the cost reports. Provide comprehensive audit support to providers. Public Consulting Group, Inc. Page 29 Page 558 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS Ms. Narode: Reviews completed reports for accuracy and reasonability to determine Medicaid allowable costs. Facilitates ongoing support between the EMS providers and the Washington State Health Care Authority (HCA). Department on Aging, State of Illinois Rate Study for the Community Care Program (January 2018— Present): Team Lead Project: Conducting independent rate studies on four Community Care Programs as part of complying with the renewal of their Medicaid Home and Community-Based Services (HCBS) waiver program including Emergency Home Response Services (EHRS), Adult Day, Adult Day Transportation, and In- Home Care Services. Ms. Narode: Lead team in reviewing how In-Home Care and EHRS services are currently administered, determined if the current rates are adequate, efficient, cost effective, and allow for services to be delivered by an array of providers. In addition, Ms. Narode compared current rates to other state's rates and to rates paid by other public or private payors for services and provided recommendations to change current reimbursement rates as appropriate. Department of Health, State of New York School Supportive Health Services Program (SSHSP) (May 2015— Present): Project Manager Project: Implemented a cost-based reimbursement methodology for the school-based health services program known as SSHSP. Conducted financial trainings to assist the Local Education Agencies (LEAs) in completing an annual cost report. Provided support to school districts and counties in the completion of the fiscal year 2014 and 2015 Medicaid cost reports to identify the Medicaid allowable and non-allowable costs for school-based health services. Ms. Narode: Reviews completed reports for accuracy and reasonability. Provides support to LEAs throughout the preparation and review of cost reports. Conducts in person and WebEx trainings to LEAs on how to complete cost reports. Department of Health Services, State of Wisconsin Wisconsin Medicaid Cost Reporting (WIMCR) (May 2015— Present): WIMCR Support Project: Collaborated with Wisconsin DHS to implement a WIMCR reporting methodology which consolidates twelve Medicaid reimbursable programs into a single web based financial report. Supported county-based providers in cost report completion within a web-based cost reporting tool. Drafted State Plan Amendment (SPA) language and supported the state in obtaining CMS program approval. Ms. Narode: Developed guidance documents for counties to aid in the completion of WIMCR reports. Provided support to DHS in ongoing State Plan Amendment (SPA) discussions with the federal Centers for Medicare and Medicaid Services (CMS). Works closely with county providers to assist in annual Medicaid cost report completion, including conducting in person trainings. Department of Health, State of New York 1115 Medicaid Waiver Compliance (January 2016— Present): Project Support Project:Assist the Department of Health in calculating final Medicaid payments under the 1115 Waiver to ensure that programs saved the federal government Medicaid dollars under the waiver program. Obtain data from the Department to calculate final payments. Provide support to the Department during CMS discussions. Public Consulting Group, Inc. Page 30 Page 559 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS Department of Health Services, State of Wisconsin Federally Qualified Health Center (FQHC) Prospective Payment System (PPS) Rate Setting (October 2015—July 2017): Project Manager Project: Public Consulting Group (PCG) has been charged with transitioning the FQHC reasonable cost reimbursement system (alternative payment methodology) to a prospective payment system (PPS) reimbursement methodology for non-tribal FQHCs. To date, PCG has developed rates for non-tribal FQHCs and developed scope change policy. Additionally, PCG determined which individual PPS rate reimbursement policy considerations would be the best fit for the Department and presented recommendations to FQHC stakeholders. Lastly, PCG also analyzed multiple years of claims data to determine shifts in services and intensity and developed data profiles of each FQHC with future, current and historical cost information. Ms. Narode: Completed site visits of all non-tribal FQHCs in Wisconsin to discuss their organization, address their concerns and review compiled data. Conducted and presented extensive research relating to policy options, national best practices and state and federal requirements. Provided policy recommendations to the Department of Health Services and worked collaboratively to establish a policy direction. Created an enhanced cost report for FQHCs to complete to establish new PPS rates. Reviewed cost reports and completed desk reviews for accuracy, completeness and to mitigate audit risk. Department of Health Care Policy and Financing, State of Colorado Pay for Performance Application Review (July 2016—Present): Project Analysis and Support Project: PCG was contracted to review, evaluate and validate Pay-For-Performance (P4P) applications and supporting documentation submitted by Colorado nursing facilities to determine whether each facility is eligible for additional reimbursement. The P4P application provides evidence of the facility's performance in establishing measures designed to improve quality of life and quality of care for residents and measures designed to improve facility management. Ms. Narode: Reviews completed reports for accuracy and reasonability. Completed on-site visits of nursing facilities. Assisted in making changes and improvements to the P4P application and process for future years. Department of Health and Human Services, State of Michigan Lakeshore Regional Entity (LRE) Program Audit (September 2015 — November 2015): Project Reporting, Analysis and Support Project: Partnered with Beacon Health Options to conduct a comprehensive review of the Lakeshore Regional Entity Prepaid Inpatient Health Plan (LRE PIHP), with a focus on managed care function review, risk management strategy review, and review of conflict of interest policies. The audit was completed over an eight-week period from Friday, September 11, 2015 to Friday, November 6, 2015. Ms. Narode: Participated in meetings with a variety of stakeholders including LRE staff, board members, providers and patients. Drafted four bi-weekly status reports to familiarize the MDHHS Project Manager with the activities performed. Drafted several components of the final report including the conflict of interest subsection. Public Consulting Group, Inc. Page 31 Page 560 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS Department of Health, State of New York Capital Restructuring Financing Program (CRFP) (June 2015 — September 2015): Application Review Team Lead Project: Under the CRFP program, healthcare providers will be awarded up to $1.2 billion over a seven- year period to support capital projects that increase access to health services. The grant program is run in coordination with the Delivery System Reform Incentives Payment Program (DSRIP). Ms. Narode: Ms. Narode served as an application review team lead for the Capital Restructuring Financing Program (CRFP). In this role, Ms. Narode lead a team of Department of Health staff in reviewing CRFP funding applications; coordinated project timelines to ensure that all reviews are completed within the required timeframe; completed additional reviews of CRFP applications and compared completed application reviews for all team members to identify any discrepancies. Additionally, Ms. Narode lead team meetings to resolve inconsistencies in reviewer scores and develops summary reports for each reviewed CRFP application. PROFESSIONAL BACKGROUND Public Consulting Group, Albany, NY May 2015— Present New York State Assembly, Albany, NY January 2012— May 2015 EDUCATION State University of New York at Binghamton, Binghamton, NY Master of Public Administration, Health Policy Concentration, 2010 State University of New York at Cortland, Cortland, NY Bachelor of Science, Athletic Training, 2006 Public Consulting Group, Inc. Page 32 Page 561 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS JOSEPH MCMANUS CONSULTANT AT PUBLIC CONSULTING GROUP, INC. Joseph McManus is a Consultant based in the Albany, New York office and will serve as the Team Lead on this engagement. Since joining PCG, Mr. McManus has supported several key initiatives. Mr. McManus is a team lead on the Florida Public Emergency Medical Transportation Program where he works with multiple EMS providers in completing Medicaid cost reports. For the State of Illinois, Mr. McManus has conducted independent rate studies on Community Care Programs. On behalf of the Wisconsin Department of Health Services, Mr. McManus works together with county-based health service providers to ensure the accuracy and completeness of annual Medicaid cost reports. In addition, Mr. McManus provided support on the Wisconsin Federally Qualified Health Center (FQHC) Prospective Payment System (PPS) rate setting project. For the New York State Department of Health School Supportive Health Services Program, Mr. McManus reviews completed Medicaid cost reports to identify possible reporting errors and works closely with Local Education Agencies (LEAs) to ensure that finalized reports are completed accurately and in compliance with all reporting requirements. Mr. McManus joined PCG with broad policy and grant experience including two years with the Division of Homeland Security and Emergency Services (DHSES) where he served as Criminal Justice Program Representative. In his role with DHSES, Mr. McManus acquired experience with federal grants program management. Mr. McManus also spent nearly two years with the New York State Assembly Ways and Means Committee where he served as a Public Protection Budget Analyst. In his role with the New York State Assembly, Mr. McManus acquired extensive knowledge of the state budgeting process, public policy, working with data sets and completing research. RELEVANT PROJECT EXPERIENCE Broward Sheriffs Fire Rescue, Coral Springs Fire Department, Hamilton County, City of Hialeah Fire Department, Palm Beach County Fire Rescue, Sunrise Fire Rescue, City of Tamarac, City of West Palm Beach, State of Florida Public Emergency Medical Transportation (PEMT) Program (March 2017 — Present): Team Lead and Data Support Project: Prepare Medicaid cost reports on behalf of seven governmental EMS providers. Obtain data from the facilities to properly analyze charges, revenue, and expenditures. Complete a thorough review of all expenditures to ensure that all allowable costs were captured and reported in the cost reports. Provide comprehensive audit support to providers Mr. McManus: Reviews completed reports for accuracy and reasonability to determine Medicaid allowable costs. Facilitates ongoing support between the EMS providers and the State of Florida's Agency for Health Care Administration (ACHA). Cowlitz County Fire District #5, Grays Harbor Fire District #2, City of Hoquiam, Klickitat County Emergency Services District #1, Lewis County Fire District #2, Pacific County Fire District #1, Skamania, State of Washington WA EMS Ground Emergency Medical Transportation (GEMT) Program (February 2018 — Present): Team Lead and Project Support Project: Prepare Medicaid cost reports on behalf of four governmental EMS providers. Obtain data from the facilities to properly analyze charges, revenue, and expenditures. Complete a thorough review of all expenditures to ensure that all allowable costs were captured and reported in the cost reports. Provide comprehensive audit support to providers. Public Consulting Group, Inc. Page 33 Page 562 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS Mr. McManus: Reviews completed reports for accuracy and reasonability to determine Medicaid allowable costs. Facilitates ongoing support between the EMS providers and the Washington State Health Care Authority (HCA). Department on Aging, State of Illinois Rate Study for the Community Care Program (January 2018— Present): Project Support Project: Conducting independent rate studies on four Community Care Programs as part of complying with the renewal of their Medicaid Home and Community-Based Services (HCBS) waiver program including Emergency Home Response Services (EHRS), Adult Day, Adult Day Transportation, and In- Home Care Services. Mr. McManus:Supported team in reviewing how EHRS services are currently administered, determined if the current rates are adequate, efficient, cost effective, and allow for services to be delivered by an array of providers. In addition, Mr. McManus compared current rates to other state's rates and to rates paid by other public or private payors for services and provided recommendations to change current reimbursement rates as appropriate. Department of Health Services, State of Wisconsin Wisconsin Medicaid Cost Reporting (WIMCR) (March 2017— Present): Team Lead Project: Collaborated with Wisconsin DHS to implement a WIMCR reporting methodology which consolidates twelve Medicaid reimbursable programs into a single web based financial report. Supported county-based providers in cost report completion within a web-based cost reporting tool. Drafted State Plan Amendment (SPA) language and supported the state in obtaining CMS program approval. Mr. McManus: Developed guidance documents for counties to aid in the completion of WIMCR reports. Worked closely with county providers to assist in annual Medicaid cost report completion, including conducting in person trainings. Department of Health, State of New York School Supportive Health Services Program (SSHSP) (March 2017— Present): SSHSP Support Project: Implemented a cost-based reimbursement methodology for the school-based health services program known as SSHSP. Conducted financial trainings to assist the Local Education Agencies (LEAs) in completing an annual cost report. Provided support to school districts and counties in the completion of the fiscal year 2016 and 2017 Medicaid cost reports to identify the Medicaid allowable and non-allowable costs for school-based health services. Mr. McManus: Reviews completed reports for accuracy and reasonability. Provides support to LEAs throughout the preparation and review of cost reports. Conducts in trainings for LEAs on how to complete cost reports. Department of Health Services, State of Wisconsin Federally Qualified Health Center(FQHC) Prospective Payment System (PPS) Rate Setting (March 2017 —July 2017): FQHC Support Project: Public Consulting Group (PCG) has been charged with transitioning the FQHC reasonable cost reimbursement system (alternative payment methodology) to a prospective payment system (PPS) reimbursement methodology for non-tribal FQHCs. To date, PCG has developed rates for non-tribal FQHCs and developed scope change policy. Additionally, PCG determined which individual PPS rate reimbursement policy considerations would be the best fit for the Department and presented recommendations to FQHC stakeholders. Lastly, PCG also analyzed multiple years of claims data to Public Consulting Group, Inc. Page 34 Page 563 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS determine shifts in services and intensity and developed data profiles of each FQHC with future, current and historical cost information. Mr. McManus: Assisted in research for PCG's proposed Scope Change process for FQHCs moving forward. PROFESSIONAL BACKGROUND Public Consulting Group, Albany, NY March 2017— Present NYS Division of Homeland Security and Emergency Services, Albany, NYAugust 2014— March 2017 New York State Assembly, Albany, NY September 2011 —August 2014 EDUCATION State University of New York at Albany,Albany, NY Master of Criminal Justice, 2011 State University of New York at Geneseo, Geneseo, NY Bachelor of Arts, Political Science, 2007 Public Consulting Group, Inc. Page 35 Page 564 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS TRICIA ALTUM LEAD BUSINESS OPERATIONS ANALYST AT PUBLIC CONSULTING GROUP, INC. Ms. Altum will serve as the Data Lead on this engagement. In her career, Ms. Altum has developed and refined processes, visualizations, models and tools for calculations central to projects across the Health practice area. In addition to her work on specific calculations, she has supported business operations on the project or product line level by implementing file management, QC and documentation standards and developing and training project teams on templates and tools for data transformation, reporting and QC. Recently, Ms. Altum stood up and now leads the Data Management and Operations Team (DMOT) at PCG. The purpose of the DMOT is to provide operational support tasks and data management under a centralized team of data professionals for a broad portfolio of projects. Currently the DMOT supports cost reporting activities in the emergency medical services and school-based health services product lines for ten states. She also has extensive experience in projects dealing with Medicaid upper payment limits (especially for physician services and ambulance services), behavioral health rate setting, DSH calculations and Medicaid and Medicare hospital cost reporting, and fiscal impact of rate or methodology changes for a variety of Medicaid and other state-funded programs. She has championed and evangelized the use of data visualization tools for internal analyses and client reporting. RELEVANT PROJECT EXPERIENCE Multiple Clients in the States of Texas, Florida, Washington, Oregon, Missouri and Oklahoma EMS Cost Reporting (December 2016 to Present): Lead Operations Analyst Projects: Worked with local fire and EMS providers and state agencies in completing cost reports to determine supplemental payments up to the cost of providing ambulance services. Contracted with individual EMS providers to assist in completing the cost report Ms. Altum: Leads a team of operations support staff who process and categorize provider data into approved state templates, generate both Excel and Tableau cost reports, communicate with consulting staff and track cost report completion. Created and continues to develop tools used in these operations, including centralized processing of billing data, Tableau visualizations of cost report data and automated categorization of data. Worked with development staff to create centralized SQL database of EMS cost reporting data. Created and delivered trainings for team members and clients on program specifics, tools and cost report completion. Additional States: Worked with the Massachusetts EMS team to develop Tableau visualizations for statewide cost reporting data. Multiple Clients in the States of Kansas, Wisconsin,Arizona, Georgia and Colorado School Based Services Cost Reporting (August 2016 to Present): Lead Operations Analyst Projects: Assisted local school districts in multiple states in completing cost reports to determine supplemental payments up to the cost of providing services. Provided and maintained a website for cost reporting submissions and provided desk review, technical support and training, and reporting services to the states and to local districts. Ms. Altum: Leads a team of operations support staff who field provider communications, perform desk and monitoring reviews, and generate cost settlement documents for annual cost reports. Worked to bring together Education and Health Practice Area development teams to set up a direct connection to cost reporting data. Developed and supported Tableau-based visualizations for internal analyses and client reporting. Additional States: Worked with North Carolina SBS Staff to develop automate tools for completion and validation of cost reports. Public Consulting Group, Inc. Page 36 Page 565 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS Department of Assistive and Rehabilitative Services, State of Texas Comprehensive Rehabilitation Services (CRS) Program Redesign (April 2014 — June 2016): Operations Analyst Project: Directed an effort to assist the agency in redesigning and implementing service arrays for the traumatic brain injury and spinal cord injury programs including the development and implementation of a rate setting methodology and contracting approach. Ms. Altum: Carried out an initial utilization review applying a graphical analysis of utilization patterns to help develop expectations for a new tiered rate system. Created and demonstrated a model for adjusting current rates by provider type using Bureau of Labor statistics data and Relative Value Units. Prepared a report on the feasibility of Utilization Review mechanisms for the DARS program, including an initial Utilization Review Department of Health Services, State of Arkansas Rate Setting Effort(September 13—August 2014): Operations Analyst Project: Working as a subcontractor to HSAG, assisted the AR DHS in consolidating 4 mental health programs with disparate fee schedules into a single unified fee structure based on a survey of peer states, including financial and impact modelling and modeling various state-specific adjustments. Ms. Altum: Review, coordinated and consolidated fee schedules; Developed financial impact and rate setting models, including state specific adjustments; Wrote the report and delivered recommendations, including visual data analysis presentations using Tableau. Department of Mental Health, District of Columbia Rate Analysis Survey (February 2012—February 2013): Operations Analyst Project: Conducted a cost survey, performed in-depth analysis, reported all findings, and made rate- setting suggestions for DC DMH. Ms. Altum: Served as point of contact for survey respondents. Performed data analysis and modeling of rates based on survey results. Department of Health Services, State of Wisconsin Department of Medical Assistance, State of North Carolina Physician Upper Payment Limit (December 2012 — Present): Operations Analyst/Senior Operations Analyst Projects: Administered revenue maximization to the upper payment limit for physician practice plans. Performed Average Commercial Rate calculations, processed quarterly supplemental payments and annual reconciliations, and provided audit support. Ms. Altum: Researched and contributed to the development of new calculation methodologies to maximize revenues and improve accuracy and defensibility. Contributed to the development of new databases incorporating improved methodologies. Performed annual ACR calculations, quarterly calculation and annual reconciliations. Developed QC processes and report formats. Updated documentation and file management. PROFESSIONAL BACKGROUND Program of Academic Exchange, Port Chester, NY August 2009—August 2010 EDUCATION Middlebury College, Middlebury, VT Bachelor of Arts in Chinese Literature and Language, 2005 CERTIFICATIONS/PUBLICATIONS/SPECIAL SKILLS • Microsoft Office Suite (Word, Access, Excel, PowerPoint, Outlook) • Tableau Visual Analytics Public Consulting Group, Inc. Page 37 Page 566 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS LUKE TAFFURI BUSINESS ANALYST AT PUBLIC CONSULTING GROUP, INC. Luke Taffuri, a Business Analyst in our Austin, Texas office, is engaged in numerous projects throughout the country that support EMS providers in revenue maximization, cost reporting, and analytics. Mr. Taffuri supports providers through multiple states including Texas, Florida, and Washington in the cost report compilation and data analysis. Mr. Taffuri will serve as Support Staff on this engagement. RELEVANT PROJECT EXPERIENCE Florida EMS Providers, State of Florida Florida EMS PEMT Program (July 2017— Present): Cost Report Compilation and Data Analysis Project:Work with fire departments and ambulance providers to design, gain approval for, and implement the Public Emergency Medical Transportation (PEMT) Program, a federally approved program that provides additional reimbursement for governmental providers that serve Medicaid and Uninsured patients. Mr. Taffuri: Manage client interactions and data collection. Prepare the annual cost reports, data analysis, and provide comprehensive support throughout the State's desk reviews. Texas EMS Providers, State of Texas Texas EMS ASPP Program (October 2017—Present): Cost Report Compilation and Data Analysis Project:Work with fire departments and ambulance providers to design, gain approval for, and implement the Ambulance Supplemental Payment Program (ASPP), a federally approved program that provides additional reimbursement for governmental providers that serve Medicaid and Uninsured patients. Mr. Taffuri: Compile detailed documents to conduct data analysis and generate intuitive visualizations. Manage the preparation of annual cost reports and provide comprehensive support throughout the State's desk reviews. Washington EMS Providers, State of Washington Washington EMS Supplemental Payment Program (January 2018 — Present): Cost Report Compilation and Data Analysis Project:Work with fire departments and ambulance providers to design, gain approval for, and implement the EMS Supplemental Payment Program, a federally approved program that provides additional reimbursement for governmental providers that serve Medicaid and Uninsured patients. Mr. Taffuri: Manage client interactions and data collection. Prepare the annual cost reports, data analysis, and provide comprehensive support throughout the State's desk reviews. PROFESSIONAL BACKGROUND Public Consulting Group, Austin, TX July 2017— Present EDUCATION University of San Diego, San Diego, CA Bachelor of Accountancy, Bachelor of Finance, 2017 Public Consulting Group, Inc. Page 38 Page 567 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS COOPER LEVINE BUSINESS ANALYST AT PUBLIC CONSULTING GROUP, INC. Cooper Levine is a Business Analyst based in the Albany, New York office and will serve as Support Staff on this engagement. Since joining PCG, Mr. Levine has supported several key initiatives. Mr. Levine serves as a team lead and data support analyst on the Florida Public Emergency Medical Transportation Program project where he works with various data from clients and ensures all data is reported accurately to each client's cost report. For the New York State Department of Health School Supportive Health Services Program, Mr. Levine reviews completed Medicaid cost reports to identify possible reporting errors and works closely with Local Education Agencies (LEAs) to ensure that finalized reports are completed accurately and in compliance with all reporting requirements. For the State of Illinois, Mr. Levine has conducted independent rate studies on Community Care Programs for Home and Community- Based Services (HCBS) services. On behalf of the Wisconsin Department of Health Services, Mr. Levine works with county-based health service providers to ensure the accuracy and completeness of annual Medicaid cost reports. For the New York State Department of Financial Services, Mr. Levine processed Medical Indemnity Fund (MIF) claims and performed outreach to providers to ensure funds were accurately disbursed. Mr. Levine joined PCG after acquiring his bachelor's degree in Health Care Management from Ithaca College. In addition, Mr. Levine worked as a DSRIP program intern at SUNY Upstate Medical University where he acquired Medicaid specific data entry and analysis experience. RELEVANT PROJECT EXPERIENCE City of Oakland Park Fire Rescue Department, Key West Fire Department and Riviera Beach Fire Rescue Department, State of Florida FL EMS Public Emergency Medical Transportation (PEMT) Program (July 2017 — Present): Team Lead and Project Support Project: Prepare Medicaid cost reports on behalf of three governmental EMS providers. Obtain data from the facilities to properly analyze charges, revenue, and expenditures. Complete a thorough review of all expenditures to ensure that all allowable costs were captured and reported in the cost reports. Provide comprehensive audit support to providers. Mr. Levine: Reviews completed reports for accuracy and reasonability to determine Medicaid allowable costs. Facilitates ongoing support between the EMS providers and the State of Florida's Agency for Health Care Administration (ACHA). Department of Health, State of New York School Supportive Health Services Program (SSHSP) (July 2017—Present): SSHSP Support Project: Implemented a cost-based reimbursement methodology for the school-based health services program known as SSHSP. Conducted financial trainings to assist the Local Education Agencies (LEAs) in completing an annual cost report. Provided support to school districts and counties in the completion of the fiscal year 2016-17 Medicaid cost report to identify the Medicaid allowable and non-allowable costs for school-based health services. Mr. Levine: Reviews completed reports for accuracy and reasonability. Provides support to LEAs throughout the preparation and review of cost reports. Conducts WebEx trainings to LEAs on how to complete cost reports. Public Consulting Group, Inc. Page 39 Page 568 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS Department on Aging, State of Illinois Rate Study for the Community Care Program (January 2018— Present): Project Support Project: Conducting independent rate studies on four Community Care Programs as part of complying with the renewal of their Medicaid Home and Community-Based Services (HCBS) waiver program including Emergency Home Response Services (EHRS), Adult Day, Adult Day Transportation, and In- Home Care Services. Mr. Levine:Supported team in reviewing how In-Home and EHRS services are currently administered, determined if the current rates are adequate, efficient, cost effective, and allow for services to be delivered by an array of providers. In addition, Mr. Levine compared current rates to other state's rates and to rates paid by other public or private payors for services and provided recommendations to change current reimbursement rates as appropriate. Department of Health Services, State of Wisconsin Wisconsin Medicaid Cost Reporting (WIMCR) (July 2017— Present): WIMCR Support Project: Collaborated with Wisconsin DHS to implement a WIMCR reporting methodology which consolidates twelve Medicaid reimbursable programs into a single web based financial report. Supported county-based providers in cost report completion within a web-based cost reporting tool. Drafted State Plan Amendment (SPA) language and supported the state in obtaining CMS program approval. Mr. Levine: Assisted in the development in guidance documents for counties to aid in the completion of WIMCR reports. Worked closely with county providers to assist in annual Medicaid cost report completion. Department of Health Care Policy and Financing, State of Colorado Pay for Performance Application Review (March 2018— Present): Project Analysis and Support Project: PCG was contracted to review, evaluate and validate Pay-For-Performance (P4P) applications and supporting documentation submitted by Colorado nursing facilities to determine whether each facility is eligible for additional reimbursement. The NP application provides evidence of the facility's performance in establishing measures designed to improve quality of life and quality of care for residents and measures designed to improve facility management. Mr. Levine: Reviews completed reports for accuracy and reasonability. Assisted in making changes and improvements to the NP application and process for future years. Benton County Fire Protection District #2, Benton County Fire Protection District #4, City of Lynnwood Fire Department, Grant County First District #8, Kittitas Valley Fire Rescue, Snohomish County Fire District#7 and South Snohomish County Fire & Rescue, State of Washington WA EMS Ground Emergency Medical Transportation (GEMT) Program (February 2018 — August 2018): Project Support Project: Prepare Medicaid cost reports on behalf of seven governmental EMS providers. Obtain data from the facilities to properly analyze charges, revenue, and expenditures. Complete a thorough review of all expenditures to ensure that all allowable costs were captured and reported in the cost reports. Provide comprehensive audit support to providers. Mr. Levine: Reviewed completed reports for accuracy and reasonability to determine Medicaid allowable costs. Facilitated ongoing support between the EMS providers and the Washington State Health Care Authority (HCA). Public Consulting Group, Inc. Page 40 Page 569 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS Department of Financial Services, State of New York The New York State Medical Indemnity Fund (MIF) (November 2017—January 2018) Project: Oversee the MIF enrollment process and provide technical and case management support to enrollees and families. Processes claims on behalf of provider participating in the NY MIF, additionally serving as the Third-Party Administrator for the MIF. Mr. Levine: Supported the MIF claims processing efforts. Reviewed submitted claims for accuracy and completeness and processed claims that met specific criteria. Performed outreach calls to MIF providers requesting supporting documentation required to process claims and disburse funding. PROFESSIONAL BACKGROUND Public Consulting Group, Albany, NY July 2017—Present EDUCATION Ithaca College, Ithaca, NY Bachelor of Science, Health Care Management, 2017 Public Consulting Group, Inc. Page 41 Page 570 of 973 June 18. 2O10 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEK8T) RFP#10'O2O/88 3.3.3 A description of the role of each staff member who will be responsible for handling and monitoring the Contract James Dachos, Associate Manager Mr. Dachos has worked with EMS and Medicaid reimbursement for 13 years. He worked in Florida with the PEMT program as Program Manager since the start of the program in 2016. Within Florida he manages 48 contracts with departments across Florida to consult on program design, implementation, cost reporting, and compliance for PEMT. Other EMS reimbursement related work includes Texas Health and Human Services Cnmmissinn, where he worked to develop the very first EK88 supplemental reimbursement program in the cnuntry, and oversees cost reporting operation for over 45 EK88 providers in the state; the Oklahoman Ambulance Association (]hAK8A). EK88 Cost Recovery Pnngnom, where he designed and administered the most appropriate, effective EK88 Cost Recovery Program for providers across the state. In addiUnn, he manages our cost recovery work in Washington, which spans over 65 clients, and oversaw their successful implementation of the program in 2018. For this project Mr. Dachos will serve as the Engagement Manager overseeing the PEK8Tprogram inPalm Beach County. Alissa 0ammde, Senior Consultant Ms. Nannde has worked with EK88 and Medicaid reimbursement for over four years. She has worked in Florida on the PEK8T program since 2017. She has worked as aTeam Lead where she prepared the Medicaid cost report on the behalf nfnumerous providers. Ms. Nannde is now transitioning to the nn|e of Project Manager for Florida EK88 where she will manage the deve|npment, design, imp|ementatinn, cost nepnrting, and ongoing administration of the PEK8T program in Florida. Ms. Nannde will be the Project Manager for Palm Beach County's PEMT program, utilizing her prior experience working with AHCA and the PEMT program to maximize Palm Beach County's reimbursement opportunity. Joe McManus, Consultant Mr. McManus has worked with EK88 and Medicaid reimbursement for over two years. He has worked in Florida as a Team Lead since 2017. Mr. McManus works with multiple providers, including Palm Beach ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- Pub|icCnnsu|UngGnnup. |nc. Page 42 Page 571Of973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS County last year, to prepare the annual cost reports, performs data analysis, and provide comprehensive support throughout the State's desk reviews. Mr. McManus will serve as the Team Lead on this engagement, he will utilize his prior experience with completing PEMT cost reports, to compile data and complete the cost report for Palm Beach County. Trish Altum, Lead Business OperationsAnalyst Ms. Altum has worked with Medicaid and EMS reimbursement for over seven years. Currently, she, develops and supports Tableau-based visualization for internal analysis and cost reporting for Texas, Florida, Massachusetts EMS Cost Reporting. As well delivers training to staff in using Tableau-based analytic tools and developing ad hoc visualizations. In addition, she works with individual EMS providers to assist in the completion of cost reports, supports team members through data processing/file transformation, project management, planning, organization, and general data analysis. Ms. Altum will serve as the Data Lead on this project. Providing Palm Beach County with year over year analyses and state-wide data comparisons. Luke Taffuri, Business Analyst Mr. Taffuri has worked with EMS reimbursement and the PEMT program for two years. He works in Florida with fire departments and ambulance providers to assist in the preparation of the annual cost reports, perform data analysis, and provide comprehensive support throughout the State's desk reviews. Mr. Taffuri will utilize his prior experience working on the PEMT Program and serve as Support Staff to assist the Team Lead to compile data and complete the cost report for Palm Beach County. Cooper Levine, Business Analyst Mr. Levine has worked with EMS reimbursement and the PEMT program for two years. He works in Florida with fire departments and ambulance providers to assist in the preparation of the annual cost reports, perform data analysis, and provide comprehensive support throughout the State's desk reviews. Mr. Levine Public Consulting Group, Inc. Page 43 Page 572 of 973 June 18. 2O10 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEK8T) RFP#10'O2O/88 will utilize his prior experience working on the PEMT Program to serve as Support Staff tnassist the Team Lead tncompile data and complete the cost report for Palm Beach County. 3.3.4 Identification of projects of similar nature in which each staff member has been involved. The proposed project team has unmatched knowledge and understanding of the FL PEK8T Program. Each member included on this engagement has multiple years of experience working with FL EK88 providers. PCG's focus on EK88 reimbursement programs spans beyond the State of Florida, with project team members having experience in Ok|ahnma. Texas. and Washington. Our project team will provide Palm Beach County the highest quality cost report preparation and cost settlement support services possible. Please see Figure 3.3.4 be|nvv for a list of the proposed project team's EK88 cost reporting experience in Florida and other states. EMS Cost Reporting Experience Figure 3.3.4/ Ewegrmember of/pCG'sproject team has Florida EMS cost reporting experience. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- Pub|icCnnsu|UngGnnup. |nc. Page 44 Page 573Of973 4. Business Location / Local Preference Fiii PUBLIC CONSULTING C ROLIP Page 574 of 973 June 18. 2O10 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEK8T) RFP#10'O2O/88 SECTION 3A Business Location/Local Preference 3.4 Proposer shall submit at the time of proposal submission the attached "Certification of Business Location" (Appendix D) (the "Certification) together with a valid Business Tax Receipt issued by the Palm Beach County Tax Collector, unless the proposer is exempt from the Business Tax Receipt requirement by law, which will be used to verify that the proposer had a permanent place of business prior to the issuance of this Notice of SolicitationlRequest for Proposal. Public Consulting Group, Inc. (PCG) acknowledges this section as a requirement of the RFP. PCG will not submit a completed Appendix D as our firm does not meet the requirements set forth in the "Certification of Business Location"form. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- Pub|icCnnsu|UngGnnup. |nc. Page 45 Page 575Of973 5. Commercial Non- Discrimination Fiii PUBLIC CONSULTING C ROLIP Page 576 of 973 June 18. 2O10 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEK8T) RFP#10'O2O/88 SECTION 3'5: Commercial Non-DiscKi00i nation 3.5 As a condition of submitting a proposal to the County, the proposer agrees to comply with the County's Commercial Non-discrimination Policy as described in Resolution 2017- 1770 as amended. Public Consulting Group, Inc. (PCG) has indicated our agreement to Palm Beach County's Non- Discrimination Policy by checking the box provided on the Phms Proposal Information-Appendix A of our response. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- Pub|icCnnsu|UngGnnup. |nc. Page 46 Page 577Of973 6. Financial / Business Stability i�l�i Il �I PUBLIC CONSULTING C ROLIP Page 578 of 973 PUBLIC CONSULTING GROUP, AND SUBSIDIARIES TOGETHEIZ WITH TNDR NDENTAUDI°TOR' Rk'il'ORT" JUNE,"30,2018 AND 2017 Str}\ 4)J ss s)nl>}\i�irtt s {p1 C)GC i - f j�iltcir9i���}is,?c{�tSii1`�t1�411�s'�tcNiyi+t± i�(� t}�j�{41�t��f��y}s(�}ra�s�id��fs��i�j�lii{j1�C1��ar\i ti l{ l( .... ACCOUNTING - TAX . ADVISORY Page 579 of 973 PUBLIC CONSULTING GROUP,INC. AND SUBSIDIARIES CONSOLIDATED FINANCIAL STATEMENTS JUNE 30,2018 AND 2017 Table of Contents Independent auditor's report 1 - 2 Consolidated financial statements: Balance sheets Statements of income Statements of comprehensive income 5 Statements of changes in shareholders' e i Statements of cash os - Notes to consolidated financial state inents 9 -24 Page 580 of 973 DGIC ACCOUNTING-TAX°ADVISORY Independent Auditor's RMort To the Board of Directors and Shareholders Public Consulting o ,Inc. and Subsidiaries We have audited the accompanying consolidated financial statements of Public Consulting Group, Inc. and its Subsidiaries, which comprise the consolidated balance sheets as of June 30, 2018 and 2017, and the related consolidated statements of income, comprehensive income, changes i shareholders' equity, and cash flows for the years then ended, and the related notes to the consolidated financial statements. Management's s si fort the Consolidated Financialto a is Management is responsible for the preparation and fair presentation of these consolidated financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of consolidated financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these consolidated financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the consolidated financial statements are free from aterial misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the consolidated financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the consolidated financial statements,whether due to fraud or error. In makingthose risk assessments, the auditor considers internal control relevant to the company's preparation and fair presentation of the consolidated financial statements in order to design audit procedures that are appropriate i the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the company's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements. 155 Federal Street Suite 200, Boston, MA 0211G? �1?3,. ., CCACCID .Com We believe that the it evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion,the consolidated financial statements referred to above present fairly,in all material respects,the financial position of Public Consulting Group,Inc. and its Subsidiaries as of June 30, 2018 and 2017, and the results oft eir operations and their cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America. Boston,Massachusetts September 28, 2018 Page 5282 of 973 GROUP,PUBLIC CONSULTING INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS June 30, 2018 2017 ASSETS Current assets: Cash and cash equivalents $ 33,765,000 $ 40,842,000 Cash-client funds under management 215,734,000 65,549,000 Accounts receivable,trade,net 134,364,000 102,530,000 Program funds receivable,net 20,948,000 9,515,000 Prepaid expenses and other current assets 9,114,000 7,343,000 Current portion of notes receivable,shareholders 1,043,000 541,000 Total current assets 414,968,000 226,320,000 Equipment and improvements,net 4,529,000 5,657,000 Investments in affiliates 1,552,000 1,657,000 Notes receivable,shareholders,net of current portion 2,531,000 3,004,000 Other assets 2118(),0011 1,911,000 Intangible assets,net 17,081,000 20,390,000 Goodwill,net 12;165,000 10,080,000 $,: 455,006,000 $ 269,019,000 LIABILITIES SHAREHOLDERS' EQUITY Current liabilities: Line of credit $ 18,000,000 $ - Current portion of long-tern debt 7,544,000 4,454,000 Accounts payable 17,475,000 14,231,000 Accounts payable-client funds under management 214,984,000 65,097,000 Current portion of accrued expenses 65,102,000 47,283,000 Current portion of deferred revenue 8,864,000 8,664,000 Total current liabilities 331,969,000 139,729,000 Long-term debt,net of current portion 36,355,000 42,500,000 Other long-term liabilities 4,524,000 8,077,000 Deferred revenue,net of current portion 441,000 299,000 Deferred rent 1,869,000 1,878,000 Deferred income taxes 1,510,000 - Total liabilities 376,668,000 192,483,000 Shareholders' equity: Common stock 24,792,000 21,485,000 Stock subscriptions receivable (2,219,000) (2,283,000) Additional paid-in capital 1,784,000 1,637,000 Retained earnings 35,986,000 41,251,000 Accumulated other comprehensive loss (351,000) (148,000) Non-controlling interests 18,346,000 14,594;000 Total shareholders'equity 78,338,000 76,536,000 $ 455,006,000 $ 269,019,000 The accompanying notes are an integral part of the consolidated financial statements. Page 3583 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES CONSOLIDATED S OF INCOME ort e years ended e 30, 2018 2017 Revenue 459,187,000 $ 380,627,000 Operating expenses: Advertising and business promotion 1,762,000 1,385,000 Amortization 8,302,000 6,912,000 Bad debts and allowances 614,000 537,000 Business services 1,933,000 1,496,000 Contract and temporary labor 69,871,000 55,098,000 Denied claims and allowances 1,400,000 3,424,000 Depreciation 3,114,000 3,642,000 Donations 699,000 353,000 Employee related expenses 4,240,000 4,375,000 Information technology and communications 19,101,000 17,681,000 Insurance 1,872,000 2,134,000 Office expense 8,473,000 7,386,000 Other employee benefits 15,873,000 12,001,000 Other expenses 2,912,000 2,585,000 Payroll taxes 16,596,000 13,038,000 Professional fees 5,612,000 4,800,000 Rent expense 13,554,000 12,572,000 Retirement plans 7,213,000 4,693,000 Salaries 236,243,000 192,021,000 Travel 14,592,000 14,099,000 433,976,000 360,232,000 Income from operations 25,211,000 20,395,000 Other income(expense): Interest expense (1,570,00 ) (1,127,000) Equity in losses of affiliates (551,000) (261,000) Other income, net 751,000 1,162,000 (1,370, 00) (226,000) Income before income tax provision 23,841,000 20,169,000 Income tax provision 1,484,000 365,000 Net income 22,357,000 19,804,000 Net income attributable to non-controlling interests 3,752,000 2,101,000 Net income attributable to Public Consulting Group,Inc. and Subsidiaries $ 18,605,000 $ 17,703,000 The accompanying notes are an integral part of the consolidated financial statemenP,age �84 of 973 PUBLIC CONSULTING GROUP,INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME ort the years ended June 30, 2018 2017 Net income 22,357,000 19,804,000 Foreign currency transi s a s, t of deferredincome tax expense of $6,000 and $0, respectively (203,000) 669,000 Comprehensive income 22,154,000 $ 20,473,000 The accompanying notes are an integral part of the consolidated financial stateeage X585 of 973 C) E CD C) CD C) � CD c, CD CD C) CD CD O CD OCD CD CD CD C) CD C) CD CD CD O C) O CD CD CD CD CD C) C:) CD C) O CD C) O O. CD O CD CD CD O CD CD CD O r-- 0' 00 01 ON r-- t- m t-: 06 t- It 00 00 rn C) m Cf) t® (01, m wl m O n et 't 0T — N � 00 kn C N N m m Okrt, C,4 06 00 r— ZI, 71 4EA bo CD O C) C) CD O C) C) O CD C) O CD a) C) C) C) C-4 �6 T Cls�F It C4 rli 06 C) c) C) C) � CD C) 0 C:) C) CDa CD c) CD CD CD C) C) O O CD C) C) CD C) O CD CD CD CD (= C) CD CD C) CD CD O C6 CD C) C) C) C) CD CD O C) CD CD Cl C) I'D N N kn I'D 01 00 0T ON r- t- 6 m- art.. 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AND SUBSIDIARIES CONSOLIDATED NTS OF CASH FLOWS art the years ended e 3 , 2018 2017 Cash flows from operating activities: Net income $ 22,357,000 $ 19,804,000 Adjustments to reconcile net income to net cash provided by operating activities: Amortization and depreciation 11,416,000 10,554,000 Bad debts and allowances 614,000 537,000 Denied claims and allowances 1,400,000 3,424,000 Equity in losses of affiliates 551,000 261,000 Loss on disposal of equipment and improvements - 36,000 Deferred rent (8,000) 143,000 Deferred income taxes 1,510,000 Stock-based compensation expense 1,207,000 1,185,000 Changes in operating assets and liabilities: Client funds under management, net (298,000) (244,000) Accounts receivable, trade, net (31,696,000) (4,074,000) Program funds receivable, net (12,833,000) (2,509,000) Prepaid expenses and other current assets (1,891,000) 423,000 Other assets (170,000) 140,000 Accounts payable and accrued expenses 15,530,000 9,615,000 Deferred revenue 906,000 4,086,000 Total adjustments (13,762,00 ) 23,577,000 Net cash provided by operating activities 8,595,000 43,381,000 Cash flows from investing activities: Payments for business acquisitions (6,832,000) (1,333,000) Advances to shareholders under notes receivable (491,000) (868,000) Repayments from shareholders under notes receivable 462,000 215,000 Acquisition of equipment and improvements (1,763,000) (3,518,000) Investments in affiliates; , (388,000) (373,000) Proceeds from sales of equipment and improvements - 600,000 Acquisition of intangible assets (19,000) (389,000) Net cash used in investing activities (9,031,000) (5,666,000) (Continued) The accompanying notes are an integral part of the consolidated financial statemenNge 987 of 973 GROUP,PUBLIC CONSULTING INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CAS (CONTINUED) For t the years ended e 30, 2018 2017 Cash flows from financing activities: Advances (repayments) on line of credit $ 18,000,000 $ (10,000,000) Repayments of long-term debt (3,150,000) (2,577,000) Proceeds from issuance of common stock 1,448,000 1,576,000 Repayments of stock subscriptions receivable 639,000 446,000 Distributions to shareholders (7,879,000) (10,842,000) Distributions to non-controlling interests (1,643,000) Repurchase of common stock (15,997,000) (14,942,000) Proceeds from exercise of common stock options 230,000 236,000 Net cash used in financing activities (6,709,000) (37,746,000) Net decrease in cash and cash equivalents (7,145,000) (31,000) Acquired cash cash equivalents 411,000 16,000 Effect of foreigncurrency o cash and cash equivalents (343,000) 669,000 Cash and cash equivalents, beginning 40,842,00040,188,000 Cash and cash equivalents,e i 33,765,000 $ 40,842,000 Supplemental disclosure of cash flow information, Cash paidfor: Interest expense $ 1,49 ,000 $ 594,000 Income taxes 129,000 $ 896,000 The accompanying notes are an integral part of the consolidated financial statemen�age 88 of 973 ICC S , INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note I - Basis of Presentation and Description of Business Basis of Presentation The accompanying consolidated financial statements include the accounts of Public Consulting Group, Inc. ("PCG") and its wholly-owned and majority-owned subsidiaries (collectively, the "Company"). All significant intercompany accounts and transactions have been eliminated. Non- controlling interest represents the non-controlling members' share of equity in PC 's majority- owned subsidiaries. Certain subsidiaries operate principally in countries outside of the United States. Certain subsidiaries are organized as limited liability companies and will continue in perpetuity until they are dissolved and their affairs are wound up in accordance with the operating agreements. The members have no further obligation to contribute additional amounts of capital. In addition, the members' liability for any debts is limited. Description of the Business PCG and certain subsidiaries provide strategic, management and process consulting, administrative support services, and technology solutions to governmental agencies and commercial enterprises worldwide. Public Partnerships LLC ("PPL"), a majority-owned subsidiary, is a financial management service organization that assists state, county, and local public agencies and their agents implement a consumer-directed service model. Subsequent Events The Company has evaluated subsequent events through September 28, 2018, the date the consolidated financial statements were approved and authorized for issuance by management, and determined that, except as disclosed herein, there have been no subsequent events that would require recognition in, or disclosure in the notes to, the consolidated financial statements. Note 2 - Summary of Significant Accounting Policies Use of Estimates The preparation of consolidated financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities, as well as the disclosure of contingent assets and liabilities at the date of the consolidated financial statements, and the reported amounts of revenues and expenses during the reporting period. Significant estimates and assumptions are used for, but not limited to, the allowance for doubtful accounts for accounts receivable, the allowance for claims established for the program funds receivable, the valuation of assets acquired and liabilities assumed in business combinations, revenue recognition for services under fixed-price and performance-based contracts, and revenue recognition under contracts with multiple deliverables. Future events cannot be predicted with certainty. The accounting estimates will change as events occur, experience is acquired and information is obtained. Actual results could differ from those estimates. Page r-89 of 973 V PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Cash and Cash Equivalents The Company considers all highly liquid investments purchased with original maturities oft ee months or less or financial instruments readily convertible to cash without significant penalty,such as certificates of deposit, to be cash equivalents. The Company maintains its cash and cash equivalents with major financial institutions. Accounts at each banking institution are insured by the Federal Deposit Insurance Corporation ("FDIC") up to $250,000 per depositor, per insured bank, for each ownership category. As of June 30, 2018 amounts on deposit that are in excess of FDIC coverage amounted to approximately $30,100,000. Additionally, cash held in foreign countries, which is not insured, amounted to approximately $4,300,000 at June 30, 2018. The Company has not experienced any losses in such accounts and does not believe it is exposed to any significant credit risk. Client Funds Under Management The Company's contracts with state, county, and local public agenc'ics(collectively referred to as "Public Agency") may require the age et , nt of, collection from'and disbursement of, Public Agency funds to third parties. Upon entering into a contract the Company establishes a separate noninterest-bearing account("Service Accounts") ata major financial institution to manage these funds. At certain times, including as of June 30, 201$, .the balances were in excess of federally insured limits. The Company has not experienced any losses from the Service Accounts and does not believe it is exposed to any significant credit risk.Amounts due to third parties are a component of accounts payable- client funds under management on the consolidated balance sheets. Accounts Receivable, Trade The Company carries its accounts receivable, trade at the amount invoiced or expected to be invoiced less an allowance for doubtful accounts. The Company routinely assesses the financial strength of its customers and an allowance for doubtful accounts is established based on a detailed review of the accounts receivable and management's expectation of collecting less than full payment on the amount invoiced. Accounts receivable are written off after it is evident that the collection effort has little or no chance of success. Recoveries of previously written off accounts receivable are recorded in the period received. The Company does not charge interest or require collateral on accounts receivable. Program Funds Receivable To meet its contractual commitments, the Company advances funds to the Service Accounts for disbursement to third parties before receiving designated funds from the appropriate Public Agency. These amounts are reported as program funds receivable on the Company's consolidated balance sheets. Under certain circumstances the Company may not be reimbursed fully for all program funds receivable as a result of denied reimbursements ("Denied Claims"). The Company establishes an allowance for the Denied Claims it estimates will not be resolved in its favor. The allowance is estimated based on a detailed review of the specific programs, the individual claims at issue, and the availability of additional information to satisfy the denial. Based upon the Company's experience, the outcome of its efforts to satisfy certain claim denials cannot be predicted with certainty. As a result, revisions to the allowance may be required and are recorded in the period determined. r-a Page 11ff 0 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Equipment and Improvements Equipment and improvements are stated at historical cost. Major additions and improvements are capitalized, while maintenance and repairs are charged to expense as incurred. Depreciation is calculated using the straight-line method over estimated useful lives of three to seven years. Leasehold improvements are amortized on a straight-line basis over the shorter of the term of the lease or the useful life of the asset. When equipment and improvements are retired, abandoned, or otherwise disposed,the related costs and accumulated depreciation are removed from the accounts, and any gain or loss is reflected in the consolidated statements of income. The Company capitalizes eligible costs associated with software developed or obtained for internal use. Significant costs associated with the development of software for internal use are capitalized if the software is expected to have a useful life beyond one year and are amortized over the software's estimated useful life. Costs associated with preliminary stage software development, maintenance, or upgrades and enhancements that do not result in additional functionality are expensed as incurred. The Company evaluates the recoverability of its long-lived assets, other than intangible assets and goodwill, whenever events or changes in circumstances indicate that the carrying amount of the assets may not be recoverable. Recoverability of these assets is measured by comparison of their carrying amount to the future undiscounted cash flows the assets are expected to generate over their remaining economic lives. If such assets are considered to beimpaired, the impairment to be recognized in earnings equals the amount by which the carrying value exceeds their fair value determined by either a quoted market price, if any, or a value determined by utilizing a discounted cash flow technique. If such assets are not impaired, but their useful lives have decreased, the remaining net book value is recovered over the revised useful life. The Company has not recognized any impairment charges to date on long-lived assets. Intangible Assets The Company's intangible assets consist of identifiable assets with finite lives that have been acquired through business,acquisitions. Acquired software technology, customer contracts and trademarks are amortized on a straight-line basis over their estimated useful lives. Non-compete and employment agreements are amortized on a straight-line basis over the life of the contract. Amortizable intangible assets are monitored for impairment as a result of a significant change in the utility of the asset or in the operating environment. If the asset is determined to beimpaired it is written down to its estimated fair value. No impairment loss was recognized during the years ended June 30, 2018 and 2017. Page 591 of 973 11 ICC GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Goodwill Goodwill represents the excess of consideration transferred over the fair value of the net tangible and identified intangible assets acquired in connection with a business acquisition. Goodwill is amortized on a straight-line basis over ten years. Management evaluates goodwill for impairment when circumstances suggest that a triggering event may have occurred and the carrying value may not be recoverable. Management first assesses qualitative factors to determine whether existence of events or circumstances leads to a conclusion that it is more likely than not that the fair value of a goodwill is less than its carrying amount for determining whether it is necessary to perform the two-step impairment test. The first step of the impairment test involves comparing the fair value of the Company with the aggregate carrying value, including goodwill. If the carrying amount exceeds its fair value, management performs the second step of the impairment test to determine the amount of impairment loss which involves comparing the implied fair value of the goodwill with the carrying value. Management assessed the qualitative factors impacting goodwill and determined that the qualitative impairment test was not necessary at June 30, 2018 and 2017. Deferred Rent For leases that contain predetermined fixed escalations of minimum rent,the Company recognizes the related rent expense on a straight-line basis from the date they take possession of the property to the end of the initial lease term. The Company records any difference between the straight-line rent amounts and amounts payable as a deferred rent liability. Revenue Recognition The Company's revenue is derived primarily from providing services under contracts with various pricing arrangements. The Company recognizes revenue under contracts when services have been rendered, the fee is fixed or determinable, collectability of the fee is reasonably assured and sufficient contractual documentation has been obtained. The types of contractual arrangements under which services are provided and the method of revenue recognition for each include: Fixed-Price Contracts The Company's fixed-price contracts consist primarily of contracts to provide implementation, hosting, support, and maintenance for use of the Company's software. Revenue is generally recognized when earned, as services are provided. Depending on the nature of the underlying deliverable, the Company may recognize revenue based on costs incurred using estimates of total expected contract revenue and costs to be incurred or on a straight-line basis unless evidence suggests that the revenue earned or obligations are fulfilled in a different pattern. Performance-Based Contracts The Company recognizes revenue on performance-based contracts when earned, which generally occurs when services have been provided or milestones achieved. For certain performance-based contracts, this may result in revenue being recognized in irregular increments. Time and Materials Revenue is recognized as services are rendered. Page12 592 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Revenue Recognition (Continued) For contracts that have multiple deliverables, the Company evaluates these deliverables at the inception of each contract and as each item is delivered. As part of this evaluation, the Company considers whether the delivered item has value to a customer on a standalone basis. In situations where the delivered item has standalone value to the customer,the revenue is recognized when the item is delivered. In situations where the delivered item does not have standalone value to the customer,the deliverables are accounted for as a single unit of accounting and the revenue relating to these deliverables is recognized over the duration of the estimated expected customer relationship, which management has generally determined to be the term of the related contract. The Company is subject to the risk of potential cost overruns on its fixed-price and performance- based contracts. When a loss on a contract is first anticipated, the entire amount of the estimated loss is recognized. Under certain contracts, costs related to set-up and implementation may be incurred in periods prior to recognizing revenue. These costs are typically expensed in the period incurred. Unbilled services represent revenues recognized by the Company for services performed but not yet billed.Deferred revenue represents amounts billed or collected in advance of services rendered and is classified as current or long-term based on the Company's estimate of when the requisite services will be provided. Revenue also includes reimbursable expenses, as defined in the contracts. Advertising and Business Promotion The Company expenses its non-direct response advertising and business promotion costs as incurred. Income Taxes For federal and state income tax purposes, PCG and its subsidiaries organized in the United States have elected under the Internal Revenue Code, with the consent of the shareholders, to be treated as an S Corporation and the shareholders include their pro rata share of the income or loss in their individual income tax returns. For its subsidiaries organized outside of the United States, PCG has made elections to disregard these entities as separate legal entities for income tax purposes. Income tax expense is provided for foreign and state income taxes since income taxes are imposed by foreign jurisdictions and certain states. Page 59313 of 973 ICC NSU , INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Income Taxes (Continued) PPL and certain wholly-owned and majority-owned subsidiaries are considered to be partnerships for federal and state income tax purposes. Accordingly, no provision or benefit for income taxes is included in the consolidated financial statements since the taxable income or loss is reported by the members on their individual income tax returns. Income tax expense is provided for local income taxes since certain localities impose income taxes on unincorporated businesses. Deferred income taxes are recorded for the estimated future income tax consequences attributable to the effects of cumulative temporary differences between financial statement and income tax reporting. The principal differences relate to the cash method of accounting, the recovery of equipment and improvements through depreciation and the amortization of goodwill. At June 30, 2018 the Company recorded a deferred income tax liability of$1,510,000. At June 30, 2017, the effect of deferred income taxes was not material, and consequently was not recorded in the consolidated financial statements. The Company files income tax returns in jurisdictions worldwide. The Company's income tax returns are subject to examination by various taxing authorities. Because the application of tax laws and regulations to many types of transactions is susceptible to varying interpretations, amounts reported could be changed at a later date upon final determination by taxing authorities. The Company is no longer subject to examinations by tax authorities for years prior to 2014. On December 22, 2017, H.R.1, originally known as the Tax Cuts and Jobs Act of 2017 (the"Act") was signed into law. Management does not expect the Act to have a financial impact on the Company since the tax effects of the Company's activities are passed through to the shareholders. Foreign Currency The assets and liabilities of the Company's foreign subsidiaries are translated into U.S. dollars at year-end exchange rates or at exchange rates prevailing when the asset or liability was acquired. Revenues and expenses are translated at the weighted-average exchange rate prevailing during the year. The current effect of these translation adjustments is reported as a component of comprehensive income as reported on the consolidated statements of comprehensive income. The cumulative effect is reported as accumulated other comprehensive loss on the consolidated balance sheets and consolidated statements of changes in shareholders' equity. Revenues from outside of the United States were $14,886,000 and $9,517,000 during the years ended June 30, 2018 and 2017, respectively. Combined net assets of the Company's foreign subsidiaries consisted of the following as of June 30: 2018 2017 Total assets $ 10,101,000 $ 8,912,000 Total liabilities (6,881,000) (4,815,000) Net assets S 3,220,000 $ 4,097.000 Page 15494 of 973 ICC NSU , INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Fair Value of Financial Instruments The Company's financial instruments include cash and cash equivalents, client funds under management, accounts receivable, program funds receivable, notes receivable, accounts payable, accrued liabilities, line of credit, and long-term debt. The carrying values of cash and cash equivalents, client funds under management, accounts receivable,program funds receivable, notes receivable, accounts payable, accrued liabilities, and line of credit approximate their respective fair values due to the short-term maturity of these instruments. Management has determined that the difference between the fair value and the respective carrying value of the Company's accrued liabilities and long-term debt is not significant to the consolidated financial statements. Re classifications Certain amounts in the prior year consolidated financial statements have been reclassified to conform to the current year presentation. These reclassifications had no impact on previously reported net income or shareholders' equity. to 3 -Business Acquisitions During the year ended June 30, 2018 the Company completed the purchase ofthree separate businesses through the acquisition of all their outstanding stock or substantially all of their assets and the assdoof certain liabilities.The businesses,all of which are based in the United States, provide consulting or technology solutions to clients in the human services or health sectors. During the year ended June 30, 2017 the Company completed the purchase of four separate businesses through the acquisition of all of their outstanding stock or substantially all of their assets and the assumption of certain liabilities. The businesses,two of which are based in Poland,provide consulting or technology solutions to clients in the education or health sectors. The Company acquired the businesses for the following consideration: 2018 2017 Cash paid at closing $ 6,832,000 $ 983,000 Contingent consideration 1,145,000 350,000 Total S 7.977.000 j1,333.000 M The Company accounted for these transactions under the purchase method of accounting. Under the purchase method, the excess of the purchase price over the net identifiable tangible and finite- lived intangible assets is allocated to goodwill. In these transactions,the significant assets acquired by the Company were intangible assets with finite lives which are principally related to software technology and customer contracts and relationships. The results of operations have been included in the consolidated statements of income from the acquisition dates.All of the goodwill is expected to be deductible for income tax purposes. Costs to effect the business acquisition such as legal, accounting, due diligence and other closing costs were expensed as incurred and are included in professional fees on the consolidated statements of income. Page15 5 5 of 973 ICC GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 3 - Business Acquisitions ( e ) The fair value of the assets acquired and liabilities assumed at the acquisition dates are as follows: 2018 2017 Cash S 411,000 $ 16,000 Accounts receivable 839,000 40,000 Prepaid expenses 6,000 - Equipment and improvements 50,000 Intangible assets 3�,694,000 1,5,1,1,.,000 Total identifiable assets acquired , 1_,567,000 1,567 --,0Q0 Accounts payable 374,000 49,000 Accrued expenses - — 186,000 Total liabilities assumed 374,,000 235,000 Net identifiable assets acquired 4,626,000 1,332,000 Goodwill 3,35 1,000 1.000 Net assets acquired 5--7, 0 1 333000 Note 4 - Accounts Receivable, 'Fra de,Net Accounts receivable, trade, net consists of tile followirig at June 30: 2018 2017 Billed $ 133,325,000 $ 98,054,000 th-ibilled 5,883,000 136,173,000 103,937,000 Less allowance for doubtful accounts 1,809,000 1.407.000 SA341aficm102,530 000 Note 5 - Program Funds Receivable, Net Program funds receivable, net consists of the following at June 30: 2018 2017 Funds transferred to Service Accounts $ 28,348,000 $ 15,515,000 Less allowance 7,400,000 6,000,000 S 20.948.000 $ 9.515.000 r-a Page 156,96 r(f 6 of 973 ICC GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 6 - Notes Receivable, Shareholders Notes receivable, shareholders consists of the following at June 30: 2018 2017 Promissory notes, in connection with payroll taxes owed on grants of restricted common stock ("Restricted Stock"), bearing interest at the 30-day LIBOR rate plus a margin, as defined in the agreements (3.23% at June 30, 2018) with principal and interest payments due at various times through December 31, 2023. Interest is due on the last day of each calendar quarter commencing upon execution of the promissory note. Quarterly principal payments commence approximately three years from the execution date and are payable over two to five years from the date of the first payment. The notes are secured by the related shares of common stock. $ 3,574,000 $ 3,545,000 Less current portion --1,3043,000 541,000 S 2.531" 3.004.000 Note 7- Equipment and Improvements, Net Equipment and improvements, net consist of the following at June 30: 2018 2017 Computers and equipment $ 19,949,000 $ 21,520,000 Furniture and fixtures 3,505,000 3,773,000 Leasehold improvements 4,504,000 3,943,000 Vehicles146 00 162.000 ,LO 28,104,000 29,398,000 Less accumulated depreciation 23,575, 23,741,000 S 4.522.000 5.657.000 During the year ended June 30, 2018 the Company abandoned, retired, and disposed of fully depreciated equipment and improvements with a cost basis of$3,056,000 . During the year ended June 30, 2017 the Company abandoned, retired, and disposed of equipment and improvements from foreign subsidiaries with a cost basis of $1,810,000 and accumulated depreciation of $1,719,000. Page 17 597 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 8 - Investments in Affiliates Investments in affiliates represent PCG Capital Partners, LLC's 49%, non-controlling investment in LobbyGuard Solutions, LLC, as well as PCG Australia PTY LTD's 50% non-controlling investment in Integra Choice and Control PTY LTD. The Company uses the equity method of accounting for these investments and evaluates the investments for impairment on an annual basis. The Company has not recognized any impairment charges to date on its investments in affiliates. to 9 - Intangible Assets,Net Intangible assets, net consist of the following at June 30: 2018 2017 Accumulated Carrying Accumulated Carrying Cost Amortization Amount Cost Amortization Amount Software technology 20,099,000 $ 10,062,000 $ 10,037,000 20,016,000 $ 6,652,000 $ 13,364,000 Customer contracts and relationships 11,246,000 6,875,000 4,371,000 7,675,000 4,741,000 2,934,000 Other intangible assets with finite lives 6,533,000 _-3,86 2,673,00t1 6.485,000 2.393.000 4.092.000 Total intangible assets S 37,878,000 L2&,Z2ZMS 17,Q81 j M "386 000 $ 20.329" $=j4,L7!LM Amortization for intangible assets with finite lives for the next four years ending June 30 is expected to be as follows: 2019 $ 6,610,000 2020 5,434,000 2021 3,038,000 2022 __._19_99,_000 17,081.000 Note 10 - Goodwill, Net Goodwill, net consists of the following at June 30: 2018 2017 Goodwill $ 14,551,000 $ 11,200,000 Less accumulated amortization 2,386,,000 1,120,000 S 12P165,000 $ 10,080,000 Page 1x98 of 973 ICC GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 11 - Line of Credit The Company has a credit facility with a bank which consists of a $35,000,000 revolving line of credit and a $50,000,000 term loan facility (see Note 12). Advances under the revolving line of credit bear interest at the 30-day LIBOR rate plus a margin, as defined in the agreement(3.23% at June 30, 2018). The credit facility is collateralized by substantially all the assets of the Company and includes certain administrative and financial covenants common to such agreements. The revolving line of credit was set to mature on December 1, 2018 (see Note 12). The bank also issues letters of credit on behalf of the Company in connection with certain financial agreements. The letters of credit are subject to the overall credit limit. Letters of credit outstanding amounted to $100,000 and $101,000 at June 30, 2018 and 2017, respectively. The letter of credit expired on September 18, 2018 and was not renewed. Note 12 - Long-Term Debt Long-term debt consists of the following at June 30: 2018 2017 The Company has a$50,000,000 term loan facility(see Note 11) which is payable in quarterly principal installments escalating from $625,000 to $1,875,000 through December 1, '2020 at which time all outstanding principal (approximately $26,875,000) and any accrued and unpaid interest are due. Payments of interest at the 30-day LIBOR rate plus a margin, as defined in the agreement (3.23% at June 30, 2018) are due quarterly through maturity. Subsequent to year-end the term loan facility was amended and restated. See below. $ 43,750,000 46,875,000 Obligations under the Polish capital lease agreements were payable in monthly installments of approximately $1,700 including interest at approximately 1.60% through June 2018. The obligation was secured by the related equipment. 39,000 Obligation under a master capital lease agreement was payable in monthly installments of$7,000 including interest at 2.90% through April 2018, at which time the lease was renegotiated. Under the terms of the new lease agreement, monthly installment payments of$4,000 including interest at 5.81% are due through October, 2021. The obligation is secured by the related equipment. 149,000 40,000 43,899,000 46,954,000 Less current portion 7,544,000 4,454,000 S 36,355,000 $ 42,500 0-00 Page 19 599 of 973 ICC GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIALS Note 12 - Long-Term Debt (Continued) Subsequent to year-end, the credit facility was amended and restated to increase the amount available under the revolving line of credit to $50,000,000 and the term loan facility to $60,000,000, including a swing line note with a sublimit of$10,000,000. The proceeds received from the new term loan were used to repay the remaining outstanding balances on the previous term loan facility and line of credit. The maturity date of both the revolving line of credit and the term loan facility was extended to July 18, 2023. At the Company's discretion, interest on the revolving line of credit and term loan facility is charged at either the Prime Rate plus a margin or at the 30-day LIBOR rate plus a margin. Interest on the swing line note is charged at the Prime Rate plus a margin. The amended term loan facility is payable in escalating quarterly principal installments ranging from $750,000 to $1,875,000, plus interest, beginning September 30, 2018 through March 31, 2023 with a final principal payment of$36,375,000 due on July 18, 2023. Note 13 - Incentive Compensation Plan During the year ended June 30, 2012, PPL established a long-term incentive plan ("LTIP") for certain employees based on PPL's performance. Awards under the LTIP are granted by the Board of Directors at their discretion. Generally, anemployee will have' no right to receive payment for all or any part of their award until(i)the fifth anniversary of the award, (ii) separation from service as a result of death or disability, or (iii) a change in control. Notwithstanding the preceding provisions, the awards generally vest over a four-year period unless otherwise determined by the Board of Directors. Once entitled to receive payment, the amount is paid equally over twelve quarterly installments. The aggregate liability at June 30,2018 and 2017 for awards granted and expected to be paid under the LTIP amounted to $6,100,000 and $9,000,000, respectively. Payments of awards under the LTIP commenced with the quarter ending December 31, 2016. The balance of the LTIP award liability is reported as a component of other long-term liabilities on the consolidated balance sheets. During the year ended June 30, 2018, PPL established a performance appreciation rights share plan ("Share Plan") for certain employees based on PPL's performance. Awards under the Share Plan are granted by the Board of Directors at their discretion. Generally, an employee will have no right to receive payment for all or any part of their award until(i)the fifth anniversary of the award, (ii) separation from service as a result of death or disability, or (iii) a change in control. Notwithstanding the preceding provisions,the awards generally vest over a four-year period unless otherwise determined by the Board of Directors. Once entitled to receive payment, the amount is paid equally over twelve quarterly installments. The aggregate liability at June 30, 2018 for awards granted and expected to be paid under the Share Plan is not material and consequently, has not been recorded in the consolidated financial statements. PagegO of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 14 - Shareholders' Equity Common oc At June 30, 2018, the Company has authorized 3,000,000 shares of common stock with no par value of which 250,000 are reserved for issuance upon the exercise of stock options under the Company's 2014 Stock Incentive Plan.At June 30,2018 and 2017,the aggregate number of shares of common stock issued and outstanding are 1,882,110 and 1,945,112, respectively. During the years ended June 30, 2018 and 2017, the Company issued 13,242 and 14,206 shares of common stock, respectively, to certain shareholders. The shares of common stock were issued i exchange for a combination of cash proceeds and stock subscriptions receivable (see Note 15). In accordance with the shareholders' agreement as amended July 1, 2014, the Company begins repurchasing shares of common stock from a shareholder during the calendar year quarter the shareholder turns age 60. Under certain circumstances, the Company may elect to defer its obligation to repurchase the shares of common stock or change the commencement date of the repurchase. The shares of common stock are repurchased ratably over a five-year or ten-year period depending on the number of shares owned by the shareholder othe date the shareholder reaches age 60. The value of the shares is determined under a formula defined in the shareholders' agreement and is recalculated for each year the common stock is being repurchased. The Company repurchased 90,729 and 96,923 shares of common stock from shareholders during the years ended June 30, 2018 and 2017, respectively. The Company is expecting to repurchase approximately 100,000 to 105,000 shares of common stock from shareholders during the year ended June 30, 2019. The Company has not determined whether it will exercise its right to defer the repurchase of any of these shares. The Company also repurchased 2,654 and 2,618 shares of common stock from shareholders during the years ended June 30, 2018 and 2017, respectively, in exchange for a cashless exercise of nonqualified stock options. Subsequent to June 30,2018,the Company issued 18,207 shares of common stock,including 6,423 shares of Restricted Stock, and granted 9,660 nonqualified stock options to certain shareholders of the Company. Restricted Stock During the years ended June 30, 2018 and 2017, the Company issued 7,856 and 8,025 shares of Restricted Stock, respectively, which vest over a five-year period from the grant date. All Restricted Stock which has not yet vested in accordance with the forfeiture rights are to be immediately forfeited to the Company upon a shareholder's termination of employment, if such an event occurs. As of June 30, 2018 and 2017, non-vested shares of Restricted Stock amounted to 24,875 and 26,559, respectively. The fair value of the Restricted Stock on the grant date is amortized as compensation expense on a straight-line basis over the lapsing forfeiture period. Compensation expense related to the grant of the Restricted Stock was$1,046,000 and$1,060,000, respectively, for the years ended June 30, 2018 and 2017. Page2Q01 of 973 IC CONSULTING GROUP, INC. AND SUBSIDIARIES CONSOLIDATEDNOTES TO STATEMENTS Note 14 - Shareholders' i (Continued) Stock tions On November 13, 2014, the Company established the 2014 Stock Incentive Plan (the "Plan") which superseded the 2004 Stock Plan. Under the terms of the Plan, incentive stock options ("ISOs") may be granted to officers and employees and nonqualified stock options and Restricted Stock may be granted to directors, consultants, officers and employees of the Company. The exercise price of ISOs cannot be less than the fair market value of the Company's common stock on the date of grant. The options vest over a period determined by the Board of Directors,generally five years, and expire no more than seven years from the date of grant. As of June 30, 2018 and 2017, the Company has not granted any ISOs under the Plan. Nonqualified stock option activity under the Plan during the year ended June 30, 2018 is as follows: tions Outstanding at June 30, 2017 33,416 Granted 8,302 Forfeited - Exercised (9,283) Outstanding at June 30, 2018 32.435 Options exercisable at June 30, 2018 6A16 Options vested or expected to vest at June 30, 2018 Compensation expense related to nonqualified stock options was $161,000 and $125,000 for the years ended June 30, 2018 and 2017, respectively. Note 15 - Stock Subscriptions Receivable In connection with the issuance of common stock to certain shareholders (see Note 14), the Company enters into stock subscription notes receivable ("Stock Notes") with the shareholders. The Stock Notes bear interest at the 30-day LIBOR rate plus a margin, as defined in the Stock Notes (3.23% at June 30, 2018). Principal and interest payments are due on the last day of each calendar quarter commencing with the quarter subsequent to the execution of the agreement. The Stock Notes mature at various times through June 30, 2022. Future minimum payments for total stock subscriptions receivable under various notes for the years ending June 30 are as follows: 2019 934,000 2020 577,000 2021 478,000 2022 230,000 $ 2,2 1=9 Page2602 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 16 - Commitments and Contingencies Lease Commitments The Company conducts its operations from offices in various locations throughout the United States, Canada, Poland, and the United Kingdom. The Company leases its facilities under non- cancellable operating leases, including leases with entities owned by certain shareholders of the Company, which expire at various times through 2027, not including any terms that can be extended at the Company's option. In addition to base rents, a majority of the leases require the reimbursement for operating expenses and real estate taxes. Amounts paid to related parties for rent amounted to$270,000 and$286,000 for the years ended June 30,2018 and 2017,respectively. Future minimum annual base rents under the non-cancellable lease agreements for the years ending June 30 are as follows: Third Related Parties Parties 2019 11,516,000 $ 230,000 2020 10,242,000 236,000 2021 8,535,000 242,000 2022 6,403,000 248,000 2023 4,479,000 254,000 Thereafter 10, 129000 292,000 $ 51.604-,000 S 1,502,000 Performance Bonds The Company, as a condition for entering into some of its contracts, had outstanding surety bonds as of June 30, 2018 and 2017. Management believes that the probability of default is remote. Contingencies From time to time, the Company may be involved in legal actions arising in the ordinary course of business. Each of these matters is subject to various uncertainties, and it is possible that some of these matters may be resolved unfavorably. The Company establishes accruals for losses that management deems to be probable and subject to reasonable estimate. The Company expenses legal costs, net of any insurance recovery, as incurred. Some of the Company's contracts contain provisions that may require payment of liquidated damages. The Company establishes accruals for liquidated damages that management deems to be probable and subject to reasonable estimate. Liquidated damages that are not probable but reasonably possible, or probable but cannot be estimated, if determinable and material would be disclosed. Liquidated damages considered remote are not disclosed. Page23 603 of 973 PUBLIC CONSULTING GROUP,INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS to 17 -Retirement Plans The Company sponsors a 401(k)Profit Sharing Plan("Retirement Plan")which covers all eligible U.S. employees. Company contributions to the Retirement Plan are at the discretion of the Board of Directors, but may not exceed the maximum allowable deduction permitted under the Internal Revenue Code at the time of the contribution. Canadian employees are covered under a Registered Retirement Savings Plan ("RRSP") and a Deferred Profit Sharing Plan ("DPSP"). Employer contributions to the DPSP are at the discretion of the or of Directors, but may not exceed a maximum of$8,000 as defined in the agreement. Employees in the UK are covered under a defined contribution plan(the"UK P1an7)for all eligible employeesas defined by the plan document. The employer is required to make a pension contribution equal to 2% of the participant's eligible compensation. The UK Plan has an auto escalation clause, as mandated by the government, stating that employer contributions will automatically increase to meet federally mandated mininiums during fiscal year ended June 30, 2019. Page26T 4 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES �k 44 CONSOLIDATED FINANCIAL STAEA"ll T ' JUNE 30,2017 AND 2016.- ah TOGETHER WITH INDEPENDENT A U [�C 'Al.,I1 :�'{.:�1i"" �t4r n 0 y cc;c } ACCOUNTING • TAX • ADVISORY 0gp ' "T" Page 605 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES CONSOLIDATED FINANCIAL STATEMENTS JUNE 30,2017 AND 2016 Table of Contents Independent auditors' report 1 - 2 Consolidated financial statements: Balance sheets 3 Statements of income 0 4 Statements of comprehensive income} 5 Statements of changes in shareholders equity Statements of cash flows a, 7 - 8 �� ��e % Notes to consolidated financial statellvts i 9 - 24 N *x IP Page 606 of 973 LMC ACCCl.dNV"MG-TAX*ADV ISO RY Independent Auditors' &nort To the Board of Directors and Shareholders Public Consulting s s We have audited the accompanying consolidated financial statcr7 f ,�bli Consulting Group, Inc. and its Subsidiaries, which comprise the consolidated b)a41 Q- ce w Wets as of June 30, 2017 and 2016, and the related consolidated statements of tricot-ne Pc6l .e enslve income, changes i shareholders' equity, and cash flows for the years th 9ded, id the related notes to the consolidated financial statements. Management's s ort the Consolida(6 al Statements Management is responsible for the preparation Ytr K.,sentatioji of these consolidated financial statements i accordance with accounting 1 .b ac's�l 1 , accepted i the United States o America;this includes the design, i1111 er11 tjor, Id maintenance of internal control relevant to the preparation and fair presentation l" Isol' ated financial statements that are free from material misstatement, whether due to r Wtd�o` o „ Auditors' Responsibility ` Our responsibility is to e:xpresI I'Au � n o these consolidated financial statements based o our audits. e conducted our au, ls` accordajicc with auditing standards generally accepted i the v United States o Arnerit a '110s%, ,sty fitlards require that we plan and perform the audit to obtain reasonable assurance alio whet the consolidated financial statements are free from aterial misstatement. An audit involves 1 o13 ing procedures to obtain audit evidence about the a o is and disclosures i the c.N o 1c atc l financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the consolidated financial statements,whether due to fraud or error. In makingthose risk assessments, the auditors consider internal control relevant to the company's preparation and fair presentation of the consolidated financial statements in order to design audit procedures that are appropriate i the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the company's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements. oicI0:crA o781 age 150 �'resu�3e��ti�.l 1•N::y.:�ait�= y1C), L'�'c�k:u.iu�u. �1>t�"'1�?¢::�D ir31.`��:S,,r,:.. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion,the consolidated financial statements referred to above present fairly,in all material respects,the financial position of Public Consulting Group, Inc. and its Subsidiaries as of June 30, 2017 and 2016, and the results of their operations and their cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America. Emphasis of Matter a As discussed in Note 2 to the consolidated financial statements th %9, ajiv adopted anew accounting alternative effective July 1, 2016 which permits th4 mg, to amortize goodwill Y prospectively. Our opinion is not modified with respect to ilhi;�Ina I AF September 28, 2017 Page 608 of 973 2- PUBLIC CONSULTING GROUP,INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS June 30, 2017 2016 ASSETS Current assets: Cash and cash equivalents 40,842,220 40,188,348 Cash-client funds under management 65,548,938 66,612,996 Accounts receivable,trade, net 102,530,172 98,952,749 Program funds receivable, net 9,515,139 10,430,311 Prepaid expenses and other current assets 7,342,505 7,765,598 Current portion of notes receivable, shareholders 540,875 309,800 Total current assets 226, � r 849 224,259,802 Equipment a improvements, et 0 6,405,656 Investment in affiliates , 1,544,254 Notes receivable,shareholders, e of At current oio 04,49'1 2,582,750 Other assets 1,911,098 2,051,212 Intangible assets, net 20,390,454 24,293,460 Goodwill,net 10,080,342 11,198,924 269,020,030 , 272,336,058 LIABILITIES AND SH 1.1 j11ERS' EQUITY Current liabilities: Line of credit $ - 10,000,000 Current portion of long-term debt 4,454,364 3,204,868 Accounts payable 14,231,124 11,100,542 Accounts payable-client funds anagenle rt 65,096,977 66,404,737 Current portion of accrued expense k 7, 2,77 39,232,523 Current portion of deferred r, u 8,664,244 4,748,707 Total current liabili 139,729,487 134,691,377 Long-term debt, net of eu �ent pr tion 42,500,000 46,326,745 Other long-term liar' kflk s 8,076,955 9,407,486 Deferred revenue, n of ear ent portion299,071 128,397 Deferred ret 1,877,702 1,734,982 Total liabilities 192, 3,215 192,288,987 Shareholders' equity: Common stock 21,484,448 18,118,788 Stock subscriptions receivable (2,283,131) (2,108,900) Additional paid-in capital 1,637,840 1,392,208 Retained earnings 41,251,853 49,325,702 Accumulated other comprehensive loss (147,909) (816,604) Non-controlling interests 14,593,714 14,135,877 Total shareholders'equity 76,536,815 80,047,071 269,020,030 $ 272,336,058 The accompanying notes are an integral part of the consolidated financial statements. Page �09 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES CONSOLIDATED ort the years ended 2016 Revenue 379,790,201 $ 338,339,474 Operating expenses: Advertising and business promotion 1,384,687 1,087,557 Amortization 12,1 5,593,519 Bad debts and allowances, net 536,857 (592,963) Business services 1,495,880 1,266,312 Contract and temporary labor 55,098,248 42,015,123 Denied claims and allowances, net ' 4,000 (900,000) Depreciation 6 i9 3,826,109 Donations 389,406 Employee related expenses ,427 3,607,437 Impairment loss - 4,612,976 Information technology and communications18,87015,871,818 Insurance 2,134,256 2,309,622 Office expense 6,553,530 6,615,488 Other employee benefits 12,003,421 11,340,959 Other expenses 2,547,290 2,984,382 Payroll taxes 13,038,504 12,054,852 Professional fees 4,795,259 3,180,008 Rent expense 12,571,684 11,772,460 Retirement plans 4,692,561 3,258,668 Salaries 192,020,766 172,822,990 Travel 14,609,946 13,297,716 359,394,000 316,414,439 Income from operations 21,925,035 Other income(e a se): Interest expense (1,127,098) (843,730) Equity i (loss)can 1 s rtes (260,766) 3,903 Other income,net 1,198,605 842,246 Loss on disposal o tai i -III. and improvements (35,847) (38,364) (225,106) (35,945) Income before income taxes 20,171,095 21,889,090 Income taxes 365,411 831,115 Net income 5,6 21,057,975 Net income attributable to non-controlling interests 2,100,888 2,487,203 Net income attributable to Public Consulting Group,Inc. and Subsidiaries 17,7 ,796 18,570,772 The accompanying notes are an integral part of the consolidated financial statements. Page VO of 973 PUBLIC CONSULTING INC. AND SUBSIDIARIES GROUP, CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME For the years ended June 30, 2017 2016 Net come $ 19,805,684 $ 21,057,975 Foreign currency transi s a is 668,695 (816,604) Comprehensive i c e $ 20,474,37920,241,371 The accompanying notes are an integral part of the consolidated financial statements, Page 11 of 973 `ry Ql) a 00 00 T �O "T V) — CA CA w r— CA m aro "It un un Qn CA An WD Q Q r- t- t- to cl 00 00 CA CA 00 — aw r'.' "o 09, n % wo T cl AD, v! ol c" &I c! to Q! Q TO 0; o; QD 4n t- V, qD WD t- r- 4n V) On CA Un MD 00 41 to o CD oo an on WD on At -- Q, At t- At 00 At 00 on q) CD on oo v! p" c! CA 00 q cy v! Tr vt al -1 CA 0) ol 4n 00 00 r- �6S Gn of v- 00 At CD t- 4n 00 r! oo 1�o ol en t- a? cl en o 00 00 rn AT &CA GS 6s un CD CA N CA r- rl- CA m o un — W) C> C) r- oll tl- W) 00 00 N CA CA CD A A n R A P� 1'o r! '=� cl! 'Zo 4O rra Ol r- un 40 "0 CD un N V) It vo AD C� Iq m -1 C! CD CA oo Ql W- At ol c! 04 a) r! 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AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CASH FLOWS ort a years ended June 30, 2017 2016 Cash flows from operating activities: Net income $ 19,805,684 $ 21,057,975 Adjustments to reconcile net income to net cash provided by operating activities: Amortization and depreciation 10,553,775 9,419,628 Bad debts and allowances 536,857 (592,963) Denied claims and allowances 3,424,000 (900,000) Impairment loss - 4,612,976 Equity in loss(earnings)of affiliates 76 (3,903) Loss on disposal of equipment and improvements and intangible assets 3} 47 38,364 Deferred rent 42,720 401,759 Stock compensation expense ,185,289 1,035,164 Changes in operating assets and liabilities: Client funds under management, net (243,702) 50,541 Accounts receivable,trade, net (4,074,462) (1,711,857) Program funds receivable, net (2,508,828) (518,601) Prepaid expenses and other current assets 423,298 (674,342) Other assets 140,114 343,957 Accounts payable and accrued expei s 9,614,746 (21,334,806) Deferred revenue 4,086,211 (1,289,367) Total adjustments 23,576,631 (11,123,450) Net cash provided by operatin ac ific, 43,382,315 9,934,525 Cash flows from investing activities. Payments for business acquisi (1,332,693) (20,858,941) Advances to shareholders 6 - receivable (867,506) (1,521,500) Repayments from sliarelt (less Lit er notes receivable 214,690 123,650 Acquisition of equipaiL., it mietneiits (3,517,985) (2,310,502) Investment in affil 1 i I s (373,229) - Proceeds from:sales `cqtii crit and improvements 600,000 28,603 Acquisition of intanid sets (388,895) (80,959) Net cash used in investing activities (5,665,618) (24,619,649) (Continued) The accompanying notes are an integral part of the consolidated financial statements. Page 913 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CASH FLOWS (CONTINUED) ort the years ended2016 Cash flows from financing activities: (Repayments)advances on line of credit, net (10,000,000) 10,000,000 Repayments of long-term debt (2,577,249) (2,258,681) Proceeds from long-term debt 28,750,000 Proceeds from issuance of common stock 1,575,679 1,688,115 Repayments of stock subscriptions receivable 445,769 336,750 Distributions to shareholders (10,842,257) (9,100,812) Distributions to non-controlling interests ( 43,!151 (1,234,816) Repurchase of common stock (1.4, (16,267,858) Proceeds from exercise of common stock optionsV11*0423 246,006 Net cash( se in) provided by financingactivities ( 747,173) 12,158,704 Net decrease in cash and cash equivalents (3 , 7 ) (2,526,420) Acquired cash cash equivalents 5, 3 1,253,194 Effect of foreigncurrency on cash cash eq ' al- s 668,695 (816,604) Cash and cash equivalents, e i i 42,278,178 Cash and cash equivalents,e i $ 40,842,220 $ 40,188,348 Supplemental disc os e of cash fl' v i 'inal.ion: Cash paidfor: Interest expense 1,102,077 594,181 Income taxes 371,186 $ 895,876 Non-cash iscls re: During the year ended June 30, 2016,the Company acquired equipment through a capital lease in the amount of$73,944. The accompanying notes are an integral part of the consolidated financial statements. Page F4 of 973 PUBLIC CONSULTING GROUP,INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 1 -Basis of Presentation and Description of Business Basis of Presentation The accompanying consolidated financial statements include the accounts of Public Consulting Group, Inc. ("PCG") and its wholly-owned and majority-owned subsidiaries (collectively, the "Company"). All significant intercompany accounts and transactions have been eliminated. Non- controlling interest represents the non-controlling members' share of equity in PC 's majority- owned subsidiaries. Certain subsidiaries operate principally in countries outside of the United States. Certain subsidiaries are organized as limited liability companies and will continue in perpetuity until they are dissolved and their affairs are wound up in accordance the( erating agreements. The members have no further obligation to contribute additiona Lill 'capital. In addition, the members' liability for any debts is limited. Description of the Business The Company provides strategic, management and I)v e onsn ting, administrative support services, and technology solutions to governiiientaAl -,enc ., and commercial enterprises worldwide. Public Partnerships, LLC ("PPL"), a -owned subsidiary, is a financial management service organization that assists sta , �nty, ind local public agencies and their agents implement a consumer directed service de Subsequent Events The Company has evaluated subseqLiei evert. through September 28, 2017, the date the consolidated financial statements were, )r , d authorized for issuance by management,and determined that, except as disel S, d wr t re have been no subsequent events that would require recognition in, or isclosrrrr t notes to, the consolidated financial statements. Note 2 - Summary of Significant i Ping Policies Use of Estimates The preparation of const idate'' financial statements in conformity with accounting principles generally accepted in the -- itec tortes of America requires management to make estimates and assumptions that afl' ne......... I rted amounts of assets and liabilities, as well as the disclosure of contingent assets at liabi lies at the date of the consolidated financial statements, and the reported amounts of r s and expenses during the reporting period. Significant estimates and assumptions are used for, but not limited to, the allowance for doubtful accounts for accounts receivable,the allowance for claims established for the program funds receivable,the valuation of assets acquired and liabilities assumed in business combinations,revenue recognition for services under fixed-price and performance-based contracts, and revenue recognition under contracts with multiple deliverables. Future events cannot be predicted with certainty. The accounting estimates will change as events occur, experience is acquired and information is obtained. Actual results could differ from those estimates. Page W 5 of 973 PUBLIC CONSULTING GROUP,INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Cash and Cash Equivalents The Company considers all highly liquid investments purchased with original maturities oft ee months or less or financial instruments readily convertible to cash without significant penalty such as certificates of deposit, to be cash equivalents. The Company maintains its cash and cash equivalents with major financial institutions. Accounts at each banking institution are insured by the Federal Deposit Insurance Corporation ("FDIC") up to $250,000 per depositor, per insured bank, for each ownership category. As of June 30, 2017 amounts on deposit that are in excess of FDIC coverage amounted to approximately $37,800,000. Additionally, cash held in foreign countries, which is not insured, amounted to approximately $3,90(),000 at June 30, 2017. The Company has not experienced any losses in such accounts and doe a t be cve it is exposed to any significant credit risk. Client Funds Under Management The Company's contracts with state, county, and local pul age (collectively referred to as "Public Agency") may require the management of, coil, R , 'roin, and disbursement of, Public Agency funds to third parties. Upon entering into a c , •act t1i , "oinpany establishes a separate noninterest-bearing account ("Service Accounts") a nancial institution to manage these funds. At certain times, including as of June 30, 11 t e alaiices were in excess of federally insured limits. The Company has not experieric- ai 10 , s from the Service Accounts and does not believe it is exposed to any significant credi An unts due to third parties are a component of accounts payable - client funds under ina i the consolidated balance sheets. Accounts Receivable, Trade The Company carries its accounts r ei °ade at the amount invoiced or expected to be invoiced less an allowance for dopa I I c.ou ts. The Company routinely assesses the financial strength of its customers and an a ' e for doubtful accounts is established based on a detailed review of the accounts receivable awageincjit's expectation of collecting less than full payment on the amount invoi znts receivable are written off after it is evident that the collection effort has little e of success. Recoveries of previously written off accounts receivable are recorded i the 1,x ',od received. The Company does not charge interest or require collateral on accounts rec able. Program Funds Rc : ,ival)l /Management of Public Agency Funds To meet its contractu , initments, the Company advances funds to the Service Accounts for disbursement to third parties before receiving designated funds from the appropriate Public Agency. These amounts are reported as program funds receivable on the Company's consolidated balance sheets. Under certain circumstances the Company may not be reimbursed fully for all program funds receivable as a result of denied reimbursements ("Denied Claims"). The Company establishes an allowance for the Denied Claims it estimates will not be resolved in its favor. The allowance is estimated based on a detailed review of the specific programs, the individual claims at issue, and the availability of additional information to satisfy the denial. Based upon the Company's experience, the outcome of its efforts to satisfy certain claim denials cannot be predicted with certainty. As a result, revisions to the allowance may be required and are recorded in the period determined. Page,%16 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Equipment and Improvements Equipment and improvements are stated at historical cost. Major additions and improvements are capitalized, while maintenance and repairs are charged to expense as incurred. Depreciation is calculated using the straight-line method over estimated useful lives of three to seven years. Leasehold improvements are amortized on a straight-line basis over the shorter of the term of the lease or the useful life of the asset. When equipment and improvements are retired, abandoned, or otherwise disposed,the related costs and accumulated depreciation are removed from the accounts, and any gain or loss is reflected in the consolidated statements of income. The Company capitalizes eligible costs associated with software dcve,- ed o abtained for internal use. Significant costs associated with the development of softwa r in, al use are capitalized if the software is expected to have a useful life beyond one y re amortized over the software's estimated useful life. Costs associated with prelii ' ar tage software development, maintenance, or upgrades and enhancements that do no este dditional functionality are expensed as incurred. The Company evaluates the recoverability of its lon �c pts,other than intangible assets and goodwill, whenever events or changes in circlAnis It in i ate that the carrying amount of the assets may not be recoverable. Recoverability 0'' le ts; is measured by comparison of their carrying amount to the future undiscounted w, re assets are expected to generate over their remaining economic lives. If such asse- .c creel to beimpaired,the impairment to be recognized in earnings equals the aMOL11 'y w -la the carrying value exceeds their fair value determined by either a quoted ret r* yeti av )r a value determined by utilizing a discounted cash flow technique. If such asset ll aired, but their useful lives have decreased, the remaining net book value is reco re ove the revised useful life. The Company has not recognized any impairment char ate, on long-lived assets. Intangible Assets The Company's int girl risist of identifiable assets with finite lives that have been acquired through btisines acc1ni ions. Acquired software technology, customer contracts and trademarks are amortized a s' igfit-line basis over their estimated useful lives. Non-compete and employment apgr ,, ent's , e amortized on a straight-line basis over the life of the contract. Amortizable intangi ,e asse- are monitored for impairment as a result of a significant change in the utility of the asset « is operating environment. If the asset is determined to beimpaired it is written down to its estimated fair value. No impairment loss was recognized during the year ended June 30, 2017. During the year ended June 30,2016,the Company determined that a segment of its education and international reporting units would not produce the revenue, profitability, and cash flows originally forecasted and that the customer contracts, software and trademarks from these segments were impaired. The remaining net book value of$1,417,073 (cost basis of$7,913,500 and accumulated amortization of$6,496,427) was charged to impairment expense during the year ended June 30, 2016. PageA17 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Goodwill Effective July 1,2016,the Company adopted on the prospective basis a new accounting alternative which permits the Company to amortize goodwill on a straight-line basis and to apply a simplified impairment model to goodwill. Management has determined the estimated useful life of its goodwill to be ten years. Goodwill represents the excess of consideration transferred over the fair value of the net tangible and identified intangible assets acquired in connection with a business acquisition. Under the simplified method, the Company evaluates goodwill for impairment when a triggering event occurs that indicates the fair value of the Company may be 1eni .ts ca rmijig value. When a triggering event occurs,the Company has the option to first assess Aja iv li clors to determine whether the quantitative impairment test is necessary. If that ilei{ i- "' , smietit indicates that it is more likely than not that goodwill is impaired, the C-ii-mall st perforin the quantitative test to compare the Company's fair value with its carryi 1 11 11 tWincluding goodwill. If the qualitative assessment indicates that it is not likely that odwi i- inipaired, her testing is unnecessary. The goodwill impairment loss, if any, re-r e be excess of the carrying amount of the Company over its fair value. Management ass -d the lrsalitative factors impacting its goodwill and determined that the quantitative jnip,j was not necessary as of June 30, 2017. During the year ended June 30,2016,the C0111 , etc ned that a segment of its education and international reporting units would not prodL , , e tic,profitability,and cash flows originally forecasted and that goodwill from (ties se its would not be recoverable. Management determined that the fair value of the sen s odwill was less than its carrying amount and recorded an impairment loss of$3,19 e air year ended June 30, 2016, (I W., Goodwill, net consists of the 141low 1 June 30, 2017: Cost $ 11,200,235 Less accumulated a 1 11 1.119.893 $ 10,080,342 Deferred Rent For leases that contai .e ermined fixed escalations of minimum rent,the Company recognizes the related rent expense on a straight-line basis from the date they take possession of the property to the end of the initial lease term. The Company records any difference between the straight-line rent amounts and amounts payable as a deferred rent liability. Page1T8 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Revenue Recognition The Company's revenue is derived primarily from providing services under contracts with various pricing arrangements. The Company recognizes revenue under contracts when services have been rendered, the fee is fixed or determinable, collectability of the fee is reasonably assured and sufficient contractual documentation has been obtained. The types of contractual arrangements under which services are provided and the method of revenue recognition for each include: Fixed-Price Contracts The Company's fixed-price contracts consist primarily of contracts to provide implementation, hosting, support, and maintenance for use of Coi Gln ='s software. Revenue is generally recognized when earned, as services ar J( ependingonthe nature of the underlying deliverable, the Company may recon 'nue based on costs incurred using estimates of total expected contract revell1 11 ' )sts to be incurred or on a straight-line basis unless evidence suggests that the -,ven I'med or obligations are fulfilled in a different pattern. Performance-Based Contracts The Company recognizes revenue on perlort ' i ase contracts when earned, which generally occurs when services have been ov* c, , milestones achieved. For certain performance-based contracts, this may re I r enUe, being recognized in irregular increments. Time and Materials Revenue is recognized as service I 1c d. For contracts that have multiple -e -abler, the Company evaluates these deliverables at the inception of each contract and as ea to is delivered. As part of this evaluation, the Company considers whether the deliver value to a customer on a standalone basis. In situations where the delivered item b, , le value to the customer,the revenue is recognized when the item is delivered. In sit ,tions iere the delivered item does not have standalone value to the customer,the del]veribles -e ac =Linted for as a single unit of accounting and the revenue relating to these deliverab] is r c nized over the duration of the estimated expected customer relationship, which i n�,ioei i ent has generally determined to be the term of the related contract. The Company is subject to the risk of potential cost overruns on its fixed-price and performance- based contracts. When a loss on a contract is first anticipated, the entire amount of the estimated loss is recognized. Under certain contracts, costs related to set-up and implementation may be incurred in periods prior to recognizing revenue. These costs are typically expensed in the period incurred. Unbilled services represent revenues recognized by the Company for services performed but not yet billed. Deferred revenue represents amounts billed or collected in advance of services rendered and is classified as current or long-term based on the Company's estimate of when the requisite services will be provided. Page819 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Advertising and Business Promotion The Company expenses its non-direct response advertising and business promotion costs as incurred. Income Taxes For federal and state income tax purposes, PCG and its subsidiaries organized in the United States have elected under the Internal Revenue Code, with the consent of the shareholders, to be treated as an S Corporation and the shareholders include their pro rata share of the income or loss in their individual income tax returns. For its subsidiaries organized OLVI.S-ide of the United States, PCG has made elections to disregard these entities as separate legal elitial for oirle tax purposes. No provision for federal income taxes is included in the consolid, � In I statements. Income tax expense is provided for foreign and state income taxes Dille 'i p taxes are imposed by foreign jurisdictions and certain states. Certain wholly-owned and majority-owned subsidiari orlsidered to be partnerships for federal and state income tax purposes. Accordingly, i rovis . i or benefit for income taxes is included in the consolidated financial state rne ts si gable: income or loss is reported by the members on their individual income tax r, Lff y. Borne tares are provided for since certain localities impose local income taxes on un i lie °a i .,lie"Sas. Deferred income taxes exist for the estirriat Ri come tax consequences attributable to the cumulative temporary differences betwe ' finai 'al and income tax reporting. The principal differences relate to the cash meth d Of c 11 the recovery of equipment and improvements through depreciation and the alrior1 i 'on dwill, At June 30, 2017 and 2016, the effect of deferred income taxes is not rnatei n al cori equently has not been recorded in the consolidated financial statements. The Company files inco e U. n jurisdictions worldwide. The Company's income tax returns are subject to exal I various taxing authorities. Because the application of tax laws and regulations to pany )es of transactions is susceptible to varying interpretations, amounts reported could b ,iaii d at a later date upon final determination by taxing authorities. The Company is no ger, 1 A to examinations by tax authorities for years prior to 2013. Foreign Currency The assets and liabilities of the Company's foreign subsidiaries are translated into U.S. dollars at year-end exchange rates or at exchange rates prevailing when the asset or liability was acquired. Revenues and expenses are translated at the weighted-average exchange rate prevailing during the year. The current effect of these translation adjustments is reported as a component of comprehensive income as reported on the consolidated statements of comprehensive income. The cumulative effect is reported as accumulated other comprehensive loss on the consolidated balance sheets and consolidated statements of changes in shareholders' equity. PageA20 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significantcc ces (Continued) Foreign c (Continued) Revenues from outside of the United States were $9,517,100 and $8,668,438 during the years ended June 30, 2017 and 2016, respectively. Combined foreign net assets of the Company's international subsidiaries as of June 30 were: 2017 2016 Total assets $ 8,912,216 $ 10,848,858 Total liabilities ( , 1 ) (4,348,095) 36x 5,00 7Q Fair Value of Financials a is The Company's financial instruments include cash and ca' .° �qc alerIts, accounts receivable, program funds receivable, notes receivable, accounts pfay° , e, C ' X d liabilities, line of credit, d long-term debt. The carrying values of cash anc cqt i alews, accounts receivable, program s receivable,notes receivable,accounts px; i ble,a °ued liabilities,and line of credit approximate their respective fair values due to the sho rjn maturity of these instruments, Management has determined that the difference he is it value and the respective carrying value of the Company's accrued liabilities and to -t III ht is not significant to the consolidated financial statements. Reclassifications Certain o is in the prior year coi ~ li -d = iiancial statements have been reclassified to conform to the current year l)resct t 'o3i. e reclassifications had no impact on previously reported net income. Note -Business Acquisitions During the year ended Ju IW7 the Company completed the purchase of four separate businesses through the ac Lisitio )f al l of their outstanding stock or substantially all of their assets and the assumption of cert ' l lal i ties. The businesses,two of which are based in Poland,provide consulting or techno so L -ns to clients in the education or health sectors. During the year eiid 30, 2016 the Company completed the purchase of four separate businesses through the acquisition of all of their outstanding stock or substantially all of their assets and the assumption of certain liabilities. The businesses,two of which are based in Poland and one of which is based in the United Kingdom, provide consulting or technology solutions to clients i the education or health sectors. The Company acquired the businesses for the following consideration: 2017 2016 Cash paid at closing $ 982,693 $ 20,043,821 Contingent consideration350000 1.352.420 Total $ 1,332. 3 21.-396 '241 396241 Page1621 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 3 - Business Acquisitions (Continued) The Company accounted for these transactions under the purchase method of accounting. Under the purchase method,the excess of the purchase price over the net identifiable tangible and finite- lived intangible assets is allocated to goodwill. In these transactions,the significant assets acquired by the Company were intangible assets with finite lives which are principally related to software technology and customer contracts and relationships. The results of operations have been included in the consolidated statements of income from the acquisition dates.All of the goodwill is expected to be deductible for income tax purposes. Costs to effect the business acquisition such as legal, accounting, due diligence and other closing costs were expensed as incurred and included in professional fees on the consolidated statements of income. The fair value of the assets acquired and liabilities assumed at III- L,!isl 4dates are as follows: 2017 2016 Cash 15,653 $ 1,253,194 Accounts receivable 39,818 1,007,915 Prepaid expenses 205 407,569 Equipment and improvements - 170,073 Other assets - 208,849 Intangible assets 1,511,266 21,598,163 Total identifiable assets ac i fired 1,566,942 24,645,763 Accounts payable 48,806 829,321 Accrued expenses 186,754 1542,087 Total liabilities assu 1 235,560 3,371,408 Net identill, R, acquired 1,331,382 21,274,355 Goodwill 1,311 121,886 Neta I ets ac tired S 1,332,693 Note 4 -Accounts Receivable, Trade, Net Accounts receivable, trade, net consists of the following at June 30: 2017 2016 Billed $ 98,053,489 $ 96,890,743 Unbilled _ 518833215 3,158.364 103,936,704 100,049,107 Less allowance for doubtful accounts 1.406.532 1,096358 S102.530.172 &2,8952-749 Page.16226 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 5 -Program Funds Receivable,Net Program funds receivable, net consists of the following at June 30; 2017 2016 Funds transferred to Service Accounts 15,515,139 $ 13,006,311 Less allowance 6.0 1576A0 ® 10.430.311 Note 6 -Notes Receivable, Shareholders Notes receivable, shareholders consists of the following at June 3 2017 2016 o Promissory notes, in connection with payroll taxes -d d o grants of restricted common stock("Restricted Stock"", be g. interest at the 30-day LIBOR rate plus a inargin, s tne( In the agreements (2.29% at June 30, 2017) will pr* ci and interest payments due at various times tbroue,.., " ,e -.er 31, 2023. Interest is due on the last day of ea , , quarter commencing upon execution of the proin' kry I C. Quarterly principal payments commence approx) t tIt ti years from the execution date and are payable o I- to ve years from the date of the first payment. The no a- sec ed by the related shares of common stock. $ 3,545,366 2,892,550 Less current portion 540,L875 309.800 S 3,004,4212.582.750 Note 7 - Equipment I Weinents, Net Equipment and ijnj,.)ro s, net consist of the following at June 30: 2017 2016 Computers and equipment $ 21,519,993 $ 21,596,389 Furniture and fixtures 3,772,863 3,580,935 Leasehold improvements 3,942,799 2,834,640 Vehicles 11, 152,050 29,397,455 28,164,014 Less accumulated depreciation 23 ,740376 21,758,358 5, 6.405.656 Page.623 of 973 17 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS to 7-Equipment and Improvements, Net (Continued) The Company abandoned,retired, and disposed of equipment and improvements with a cost basis of$1,809,654 and accumulated depreciation of$1,718,856 during the year ended June 30, 2017. The Company abandoned, retired, and disposed of equipment and improvements with a cost basis of$364,120 and accumulated depreciation of$297,781 during the year ended June 30, 2016. Note 8 - Investment in Affiliates Investment in affiliates represent PCG Capital Partners, LLC's 49%, non-controlling investment in LobbyGuard Solutions, LLC, as well as PCG Australia PTY LTD's 50% non-controlling investment in Integra Choice and Control PTY LTD. The Compan"N sest, equity method of accounting for these investments and evaluates the investments x a i Fit on an annual basis. The Company has not recognized any impairment charges to da iiivest niejit in affiliate, Equity in(loss) earnings of affiliates and the change in invest � it i ,ffi li ates amounted to a loss of$260,766 and earnings of$3,903 for the year ended Ju NC0111i4qatid 2016, respectively. nq e I f- , Note 9 - Intangible Assets, Net ?14 Intangible assets, net consist of the following at Jt e A 2017 A 2016 cc lac Accumulated Carrying Cost Amortizil ' I RO Rt Cost Amortization Amount Software technology $ 20,016,224 $ 6,6w 4 x364,483 $ 18,809,457 $ 3,530,068 $ 15,279,389 Customer contracts and relationships 7,674,716 905 2,933,811 7,668,209 3,174,146 4,494,063 Other intangible assets C with finite lives 6,485,0 '925 92,16 5.795.431j 275423, 4.520.008 _ Total intangible assets LI&27LW- $_jjZ2&R 24,2K" The Company wrote $ of intangible assets with accumulated amortization of$8,014 during the year ej E June 0, 2017. The Company wrote off$628 of intangible assets with no accumulated aiiiortizi, 6'. rijig the year ended June 30, 2016. Amortization for intangible assets with finite lives for the next five years ending June 30 and thereafter is expected to be as follows: 2018 $ 6,200,569 2019 5,356,680 2020 4,179,230 2021 2,251,083 2022 1,884,367 Thereafter 518.525 20.390.454 PagelV4 of 973 PUBLIC CONSULTING GROUP,INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 10 -Line of Credit The Company has a credit facility with a bank which consists of a revolving line of credit and a term loan facility (see Note 11). During the year ended June 30, 2016, the credit facility was amended and restated to increase the revolving line of credit from$15,000,000 to$35,000,000 and the to loan facility from $25,000,000 to $50,000,000. The credit facility is collateralized by substantially all the assets of the Company and includes certain administrative and financial covenants common to such agreements. Advances under the revolving line of credit are due on demand and bear interest at the 30-day LIBOR rate plus a margin, as defined in the agreement (2.29% at June 30, 2017). The revolving line of credit matures on December 1, 2018, at which time all oi ndi principal and any accrued and unpaid interest are due. The bank also issues letters of credit on behalf of the Comps co - ection with certain financial agreements. The letters of credit are subject to the overall c :it It titters of credit outstanding amounted to $100,126 and$100,880 at June 30, 2017 at respectively. Note 11 -Long-Term Debt Long-term debt consists of the following at Rin O: 2017 2016 The Company has a$50,000,000 to I `see Note 10) which is payable in quarterly princi it I ]its escalating from $625,000 to $1,875,000 coni -ti g of March 31, 2016 through December 1, 2020 at time all outstanding principal (approximately $26,875, 1 id any accrued and unpaid interest are due. Pa interest at the 30-day LIBOR rate plus a inargill l in the agreement (2.29% at June 30, 2017) are due uarter througli maturity. $ 46,875,000 49,375,000 Obligations under 11 s c a I lease agreements payable in monthly installment. of app xiinately $1,700 including interest at approximately 1.6 1 otigh June 2018. The obligation is secured by the related equipment. 38,830 58,601 Obligation under master capital lease agreement payable in monthly installments of approximately $7,000 including interest at 2.90%through April 2018. The obligation is secured by the related equipment. 40534 98,012 46,954,364 49,531,613 Less current portion3,64 3,204868 S 42,500,000 $ 46.326.745 Pagel$25 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 11 - - (Continued) Principal payments due on long-term debt through a rity for the years ending June 30 are as follows: 2018 $ 4,454,364 2019 6,250,000 2020 7,500,000 2021 28,750,000 46.954.364 Note 12 - Incentive Compensation During the year ended June 30, 2012, PPL established a lcaa r ten incentive plan ("LTIP") for certain employees based on PPL's performance. Awards n er l P are granted by the Board of Directors at their discretion. Generally, an employee Svc no right to receive payment for all or any part of their award until(i)the fifth annIVea{sa f the and (ii)separation from service as a result of death or disability, or (iii) a change in c, cal. Notwithstanding the preceding provisions, the awards generally vest over a lour- e Of inless otherwise determined by the Board of Directors. Once entitled to receive la in at, amount is paid equally over twelve quarterly installments. The aggregate liability at June 3 ,2017 an, •awards granted and expected to be paid under the LTIP amounted to $8,999,604 and ' 64 respectively. Payments of awards under the LTIP commenced with the quarter ear n- �e ea. 31, 2016. At June 30, 2017, current portion of accrued expenses includes $3,05 , 0 fo TIP award payments to be made within the next twelve months. The balance of t e award liability is reported as a component of accrued expenses, net of current portion. Note 13 - Shareholders' E Common Stock At June 30, 2017, tli - s ar11 has authorized 3,000,000 shares o common stock with o par value o which 250 ,00 ars ®eserved for issuance upon the exercise of stock options under the Company's 2014 to the Plan.AtJune 30,2017 and 2016,the aggregate number of shares of common stock issued _ outstanding are 1,945,112 and 2,012,334, respectively. During the years ended June 3 , 2017 and 2016,the Company issued 14,206 and 15,338 shares of common stock, respectively, to certain shareholders. The shares of common stock were issued i exchange for a combination of cash proceeds and stock subscriptions receivable (see Note 1 ). PageW6of 973 PUBLIC CONSULTING GROUP,INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note - Shareholders' Equity (Continued) Commonc (Continued) In accordance with the shareholders' agreement as amended July 1, 2014, the Company begins repurchasing shares of common stock from shareholder during the calendar year quarter the shareholder turns age 60. Under certain circumstances, the Company may elect to defer its obligation to repurchase the shares of common stock or change the commencement date of the repurchase. The shares of common stock are repurchased ratably over a five-year or ten-year period depending on the number of shares owned by the shareholder on the date the shareholder reaches age 6 . The value of the shares is determined under a formula defined in the shareholders' agreement and is recalculated for each year the common stock is beilig repurchased. The Company repurchased urchased 96,923 and 105,693 shares o cz�nuno ck 1 shareholders during p the years ended June 30, 2017 and 2016, respectively. The Conn :xpecting to repurchase approximately 105,000 to 110,000 shares of common stoc - in zareholders during the year ended June 3 , 2018. The Company has not determined w the[, 1 exercise its right to defer the repurchase of any of these shares. The Company also repurchased 2,618 and 7,123 slier 3 'non stock from shareholders during the years ended June 30, 2017 and 2016, respe, i in exchange for a cashless exercise o nonqualified stock options. Subsequent to June 3 ,2017,the Company t, shares of common stock,including 7,856 shares of Restricted Stock,and granted 8," jion a]ified stock options to certain shareholders of the Company. Restricted c During the years ended June 3 , d 2016, the Company issued 8,025 and 8,817 shares o Restricted Stock, respectively, w i t over a five-year period from the grant date. All Restricted Stock which has ted in accordance with the forfeiture rights are to be immediately forfeited to [l 7 y upon a shareholder's termination of employment, i such an event occurs. As Of A e 30, )17 and 2016, non-vested shares of Restricted Stock amounted to 26,559 and 35,006, re, ' ok, Y. The fair value of the Restricted Stock on the grant date is amortized as coilipc b a aon c. .en se on a straight-line basis over the lapsing forfeiture period. Compensation expej e rela- d to the grant of the Restricted Stock was $1,059,720 and $939,657, respectively, for they, ded June 3 , 2017 and 2016. Stock Options On November 13, 2014, the Company established the 2014 Stock Incentive Plan (the "Plan") which superseded the 2004 Stock Plan. Under the terms of the Plan, incentive stock options ("ISOs") may be granted to officers and employees and nonqualified stock options and Restricted Stock may be granted to directors, consultants, officers and employees of the Company. The exercise price of ISOs cannot be less than the fair market value of the Company's common stock on the date of grant. The options vest over a period determined by the Board of Directors,generally five years, and expire no more than seven years from the date of grant. As of June 3 , 2017 and 2016, the Company has not granted any ISOs under the Plan. Page26127 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 13 - s' Equity (Continued) Stock s ) Nonqualified stock option activity under the Plan during the year ended June 30, 2017 is as follows: Options Outstanding at June 3 , 2016 32,980 Granted 10,518 Forfeited Exercised X182} Outstanding at June 3 , 2017 .—RA-101 Options exercisable at June 30, 2017 9,820 Options vested or expected to vest at June 3 33.416 Compensation expense related to nonqualified d :ip ns was $125,569 and $95,507, for the years ended June 30, 2017 and 2016, res ectiv Note 14 - Stock SubscriptionsReceivala I connection with the issuance o III ocFk to certain shareholders (see Note 1 ), the Company enters into stock subsea 01 otes receivable ("Stock Notes") with the shareholders. The Stock Notes bear interest at I c, - .=day LIBOR rate plus a margin, as defined in the Stock Notes (2.29% at June 30, 2017). 1)r J 'and interest payments are due on the last day of each calendar quarter coniineircing rarte r subsequent to the execution of the agreement. The Stock Notes mature at vari irougli June 30, 2021.. Future minimum paymen for tal stock subscriptions receivable under various notes for the years ending June 30 re as o ows. 2018 $ 761,F3 1 2019 707.000 2020 534,5013 2021 280,500 2.283.131 Page2628 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 15 - Commitments and Contingencies Lease Commitments The Company conducts its operations from offices in various locations throughout the United States, Canada, Poland, and the United Kingdom. The Company leases its facilities under non- cancellable operating leases, including leases with entities owned by certain shareholders of the Company, which expire at various times through 2027, not including any terms that can be extended at the Company's option. In addition to base rents, a majority of the leases require the reimbursement for operating expenses and real estate taxes. Amounts paid to related parties for rent amounted to $286,372 and $2,514,951 for the years ended June 30, 2017 and 2016, respectively. Future minimum annual base rents under the non-cancellable leas ) ,eell s for the years ending June 30 are as follows: Third Related Parties Parties 2018 $ 9,895,194 $ 224,622 2019 9,432,658 230,241 2020 7,899,901 235,971 2021 6,286,015 241,810 2022 4,323,896 247,759 Thereafter 11,004,260 545,751 $ 48,841,924 $ 1.726.154 Performance Bonds The Company, as a condition for cii ' i nto some of its contracts, had outstanding surety bonds as of June 30, 2016 and 2017. 'ent believes that the probability of default is remote. Contingencies From time to time, the C pan nay be involved in legal actions arising in the ordinary course of business. Each o E'e i X , rs is subject to various uncertainties, and it is possible that some of these matters ma. -)e res ved unfavorably. The Company establishes accruals for losses that management deems t , I � -obable and subject to reasonable estimate. The Company expenses legal costs,net of any insurance recovery, as incurred. Some of the Company's contracts contain provisions that may require payment of liquidated damages. The Company establishes accruals for liquidated damages that management deems to be probable and subject to reasonable estimate. Liquidated damages that are not probable but reasonably possible, or probable but cannot be estimated, if determinable and material would be disclosed. Liquidated damages considered remote are not disclosed. Page229 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 16 - Retirement Plans The Company sponsors a 401(k)Profit Sharing Plan("Retirement Plan")which covers all eligible U.S. employees. Company contributions to the Retirement Plan are at the discretion of the Board of Directors, but may not exceed the maximum allowable deduction permitted under the Internal Revenue Code at the time of the contribution. Canadian employees are covered under a Registered Retirement Savings Plan ("RRSP") and a Deferred Profit Sharing Plan ("DPSP"). Employer contributions to the DPSP are at the discretion of the Board of Directors, but may not exceed a maximum of$8,000 as defined in the agreement. Employees in the UK are covered under a defined contribution plan(the"UK Plan")for all eligible employees as defined by the plan document. The employer is --ired 10 make a pension contribution equal to 1% of the participant's eligible coinpens, IK Plan has an auto escalation clause, as mandated by the government, stating th byer contributions will automatically increase to meet federally mandated minimal , Ti- fiscal years ended June 30, 2018 and June 30, 2019. PagefflO of 973 E Pull !6 CONSULTING GROUP, . 16- ND SUBSIDIARIES CON �D ;-,IANCIAL,STATEMENTS 10 016 AND 2015 TOG FI I J E R �1 1 I ��1'�,I)ENI)I",-N"I'AUDITORS' REPORT s�R ifr0 �F �k �5 t Of (10;V1 k, OF t i Page 631 of 973 PUBLIC CONSULTING INC. AND SUBSIDIARIES GROUP, CONSOLIDATED FINANCIAL STATEMENTS JUNE 30, 2016 AND 2015 Table of Contents Independent auditors' report 1 - 2 Consolidated €iriwi' tc,i ex ts; Balance ry et trrter �c fp Statements of con��eh�� C iconic 5 Statements of changes i a1ehol -S!, Y., lily 6 F` f �ry Statements of cash ows � 7 - 8 s, � , Notes to consolidated financial sttie � 9 - 24 { IN41 'o op t A Page 632 of 973 CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS ADVISORS Professional Excellence On A Personal Level- Independent Auditors' eport To the Board of Directors and Shareholders Public1Inc. a ries } We have ate ted the ' .cost-ipanyiflg consolidated financial statements of Public Consulting Group, Inc. A is t bsi Ill ries, which comprise the consolidated balance sheets as of June 30, 2016 and 2015, x" cla h x led consolidated statements of income, comprehensive income, changes in sharchold ` " equ a[ cl cash flows for the years then ended, and the related notes to the consolidated linat) OT Management's Responsibi ty fo 1'e j 1klated Financial Statements Management is responsible for t-' - p), ratimi and fair presentation of these consolidated financial statements in accordance i e, nciples generally accepted in the United sr States of America; this includes the Mgt, inipl t t4ation, and maintenance of internal control relevant to the preparation and fair l-lresen c lidated financial statements that are free from aterial misstatement, whether due to 11 Auditors' Responsibility L � Our responsibility is to express an opinion on these consolir Cl 11 , ilei l,statements based o our audits. We conducted our audits in accordance with acid rnn l nth, genera ly accepted i the United States of America. Those standards require that pl, 11 erforiii the audit to obtain reasonable assurance about whether the consolidated 1a 111X,a F�" i ,�,1�ts are free from material misstatement. � An audit involves performing procedures to obtain audit evidence a ���i e amounts and disclosures in the consolidated financial statements. The procedures selelecl depend on the auditors' judgment, including the assessment of the risks of material misstatement of the consolidated financial statements, whether due to fraud or error. In makingthose risk assessments, the auditors consider internal control relevant to the company's preparation and fair presentation of the consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the company's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion Ino opinion, the consolidated financial statements referred to above present fairly, in all material respects, the financial position of Public Consulting Group, Inc. and its Subsidiaries as of June 30, 2016 and 2015, and the results of their operations and their cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America. September 20 AP"", Off' -vo N 65 "g- Page T4 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS June 30, 2016 2015 ASSETS Current assets: Cash and cash equivalents $ 40,395,519 $ 42,278,178 Cash-client funds under management 66,405,825 40,436,458 Accounts receivable,trade, net 98,952,749 95,898,814 Program funds receivable, net 10,430,311 9,011,710 Prepaid expenses and other current assets 7,765,598 6,683,687 Current portion ol'noteq receivable, shareholders 309,800 236,250 Total c I , a - S 224,259,802 194,545,097 Equipment. i 11)1,ov eats, net 6,405,656 7,743,585 Investment i ffiliate 1,544,254 1,540,351 Notes receivab e net of current portion 2,582,750 1,258,450 Other assets 2,051,212 2,186,320 Intangible assets,net 24,293,460 9,625,558 Goodwill 11,198,924 14,272,941 $ 272,336,058 $ 231,172,302 LIABULl"I'l Is A-1 I)ERS' EQUITY Current liabilities: Line of credit $ 10,000,000 $ - Current portion of long-term debt 3,204,868 2,868,338 Accounts payable 11,100,542 15,247,391 Accounts payable-client funds under management 1,404,737 40,436,458 Current portion of accrued expenses - - 23 51,119,814 Current portion of deferred revenue 70* 6,135,982 Total current liabilities 9 7 115,807,983 Long-term debt,net of current portion 6 , 4- 20,098,012 Deferred revenue, net of currei 1 30,489 Accrued expenses,net of current portion 9,40 10,799,444 Deferred rent 1,734,98 1,333,223 Total liabilities 192,288,987 148,069,151 Shareholders' equity: Common stock 18,118,788 15,292,385 Stock subscriptions receivable (2,108,900) (2,045,650) Retained earnings 49,325,702 55,806,294 Additional paid-in capital 1,392,208 1,166,632 Accumulated other comprehensive loss (816,604) -- Non-controlling Non-controlling interests 14,135,877 12,883,490 Total shareholders'equity 80,047,071 83,103,151 $ 272,336,058 $ 231,172,302 The accompanying notes are an integral part of the consolidated financial statements. Page P5 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF INCOME For the years ended June 30, 2016 2015 Revenue $ 338,339,474 $ 341,479,939 Operating expenses: Advertising and business promotion 1,109,118 531,485 Amortization 5,593,519 2,786,546 Bad debts and allowances (334,163) 379,540 Business services 1,266,312 975,493 Contract and temporary labor 41,993,562 56,383,485 Deniedclainis- - lowaiices (900,000) (1,603,523) I)epreclati, 3,826,109 3,930,180 Donations 389,406 311,739 Employee ate expenses 3,607,437 2,659,397 Impairrment 4,612,976 4,713,960 Information techno and ninituiicatiojis 15,871,818 14,680,191 Insurance 2,309,622 2,149,161 Office expense 6,615,488 6,245,393 Other employee benefits 11,340,959 9,777,370 Other expenses 2,984,382 1,401,126 Payroll taxes 12,054,852 11,111,210 Professional fees 2,921,208 12,470,671 Rent expense 11,772,460 9,974,574 Retirement plans 3,258,668 3,280,734 Salaries 172,822,990 166,127,324 Travel 13,297,716 13,111,197 ,414,439 321,397,253 Income from operations 20,082,686 Other income(expense): Interest expense 73 (380,825) Equity in earnings of affiliate Other income,net 84 1,165,853 Loss on disposal of equipment and improvements and intangible assets (38,364) (14,260) (35,945) 770,768 Income before income taxes 21,889,090 20,853,454 Income taxes 831,115 426,278 Net income 21,057,975 20,427,176 Net income attributable to non-controlling interests 2,487,203 4,025,763 Net income attributable to Public Consulting Group,Inc. and Subsidiaries 18,570,772 $ 16,401,413 The accompanying notes are an integral part of the consolidated financial statemen 0-age 36 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME ort the years ended June 30, 2016 2015 Net income $ 21,057,975 $ 20,427,176 Foreign currency tra sl ti adjustment (816,604) - Comprehensive income $ 20,241,371 20,427,176 The accompanying notes are an integral part of the consolidated financial statements. Page F7 of 973 G0 t- . 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AND S CONSOLIDATED STATEMENTS OF CASH FLOWS For the years ended June 30, 2016 2015 Cash flows from operating activities: Net income 21,057,975 20,427,176 Adjustments to reconcile net income to net cash provided by operating activities: Depreciation and amortization 9,419,628 6,716,726 Bad debts and allowances (334,163) 379,540 Denied claims and allowances (900,000) (1,603,523) laa {a �aacr 4,612,976 4,713,960 Loss on po s:al of uipment and i provemei and intangible assets 38,364 14,260 Equity 111 so ` "Bate (3,903) Deferred rent 401,759 162,620 Stock conipej sat n ex se 1,035,164 894,738 Changes in of crattt se abilities: Client funds under i agen (1,088) Accounts receivable, tra (1,711, 57) (17,417,638) Program funds receivable: (518,601) 2,112,547 Prepaid expenses and other carr a (674,342) (796,270) Other assets 343,957 (580,757) Accounts payable and accrued expo (21,334,806) 11,921,745 Deferred revenue (1,289,.367) 2,583,207 Total adjustments _4&(10,916,279,) 9,101,155 Net cash provided y operating activities X1,141,696 29,528,331 Cash flows from investing activities: Payments for business acquisitions 85 ) (219,018) Contingent consideration payments on acquisitions (250,000) Advances to shareholders under notes receivable (1,52 (590,000) Repayments from shareholders under notes receivable 12 , 71,900 Acquisition of equipment and improvements (2,310,50 - (2,631,917) Proceeds from sales of equipment and improvements 28,603 Acquisition of intangible assets (80,959) (135,661) Net cash used in investing activities (24,619,649) (3,754,696) (Continued) The accompanying notes are an integral part of the consolidated financial statements. Page P9 of 973 PUBLIC CONSULTING GROUP,INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CASH FLOWS (CONTINUED) ort the years ended 2015 Cash flows from ci activities: Advances on line of credit $ 10,000,000 $ Repayments of long-ter debt (2,258,681) (991,744) Proceeds from long-term debt 28,750,000 - Proceeds from issuance of common stock 1,688,115 2,244,647 Repayments of stock subscriptions receivable 336,750 239,850 Distributions to shareholders (9,100,812) (5,815,934) Distributions itrolling interests (1,234,816) (1,694,479) Reln.yrclmse commoi too (16,267,858) (11,224,335) Proceeds rr i ex er-cisc f common stock options 246,006 375,092 Net cas lc(, used i ) financing activities 12,158,704 (16,866,903) Net(decrease) ijrc.rew 'I oil c 'I ° tl cash equivalents (2,31 , ) 8,906,732 Acquired cash cash eq algin 1,253,1 - Effect f foreign currency o casli c-, eq iv is (816,604) - Cash and cash equivalents, i i 2,27 , 7 33,371,446 Cash and cash equivalents, i $ 40,395,519 $ 42,278,178 t Supplemental isclos of cash o information Cash paidfor: Interest expense $ 4 380,952 Income taxes 895, 669.619 Non-cash disclosure: During the year ended June 30, 2016, the Company acquired equipment through a capital lease i thea of of$73,944. The accompanying notes are an integral part of the consolidated financial statement . age 40 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note I -Basis of Presentation and Description of Business Basis of Presentation The accompanying consolidated financial statements include the accounts of Public Consulting Group, Inc. ("PCG") and its wholly-owned and majority-owned subsidiaries (collectively, the "Company"). All significant intercompany accounts and transactions have been eliminated. Non- controlling interest represents the non-controlling members' share of equity in PCG's majority- owned subsidiaries. Certain subsidiaries operate principally in countries outside of the United States. Certain subsidiar'- organized as limited liability companies and will continue in perpetuity until they iir ssol and their affairs are wound up in accordance with the operating agreements. ' e inemb,, have no further obligation to contribute additional amounts of capital. In addition, I nicinbers liability for any debts is limited. Description of the B riess The Company 1,,)j-ovi 's str i- matiageniem. and process consulting, administrative support services, and teclitio W to governmental agencies and commercial enterprises worldwide. Public ParWer s, I a majority-owned subsidiary, is a financial management service )manizatio at _t: Its, county, and local public agencies and their agents implement a co s er d ct- ' erv' iiiodcl. Subsequent Events The Company has evaluated subs:quem evert irough September 20, 2016, the date the consolidated financial statements were ali horized for issuance by management, and determined that, except as disclosed lierell t av been no subsequent events that would require recognition in, or disclosure in the notes U. lie s fated financial statements. Note 2 - Summary of Significant Accounting Policies Use of Estimates The preparation of consolidated financial statements in coiiio it, ill -ousitilig principles .1-ii, 11 ire ates and generally accepted in the United States of America requires ina0 �ke e ' assumptions that affect the reported amounts of assets and liabilities, w t) isclosure of contingent assets and liabilities at the date of the consolidated finat sty ei,its, and the reported amounts of revenues and expenses during the reporting period. " fficant estimates and assumptions are used for, but not limited to, the allowance for doubtful accounts for accounts receivable, the allowance for claims established for the program funds receivable, the valuation of assets acquired and liabilities assumed in business combinations, revenue recognition for services under fixed-price and performance-based contracts, and revenue recognition under contracts with multiple deliverables. Future events cannot be predicted with certainty. The accounting estimates will change as events occur, experience is acquired and information is obtained. Actual results could differ from those estimates. Page R41 of 973 9' PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Cash and Cash Equivalents The Company considers all highly liquid investments purchased with original maturities oft ee months or less or financial instruments readily convertible to cash without significant penalty such as certificates of deposit, to be cash equivalents. The Company maintains its cash and cash equivalents with major financial institutions. Accounts at each banking institution are insured by the Federal Deposit Insurance Corporation ("FDIC") up to $250,000 per depositor, per insured bank, for each ownership category. As of June 30, 2016 amounts on deposit that are in excess of FDIC coverage amounted to approximately $40,700,000. Additionally, cash held in foreign countries, �.vliicli ` t insured, amounted to approximately $2,200,000 at June 30, 2016. The Company has . exp, I niced any losses in such accounts and does not believe it is exposed to any sigilifica credit ris Client Funds nient The Company's conti, 's wi state, county, and local public agencies (collectively referred to as "Public Agency") ii)" requ' , tl .management of, collection from, and disbursement of, Public Agency funds to third ntering into a contract the Company establishes a separate noninterest-bearing accoun ervi A ,c -is") ata major financial institution to manage these funds. At certain times, illClUdill ' Of e , 2016, the balances were in excess of federally insured limits. The Company 14. rao er - ced any losses from the Service Accounts and does not believe it is exposed to any gill 11 "..edit risk, Amounts due to third parties are a component of accounts payable - cli s 0 1 aianageia°aent on the consolidated balance sheets. Accounts Receivable, Trade The Company carries its accounts receivable, tr e, a c , iount invoiced or expected to be invoiced less an allowance for doubtful accounts. I _a . --otitii'lely assesses the financial strength of its customers and an allowance for do-u ac- il, established based on a detailed review of the accounts receivable and management' 5 p, nof collecting less than full payment on the amount invoiced. Accounts receivable � re ''tel a.after it is evident that the collection effort has little or no chance of success. 1ec r` of - Iously written off accounts receivable are recorded in the period received. The a es -It cb -ge interest or require collateral on accounts receivable. Program Funds Receivable /Management of Public Agency Funds At times, the Company advances funds to the Service Accounts for disbUrseniclit to third parties before receiving designated funds from the appropriate Public Agency. These amounts are reported as program funds receivable on the Company's consolidated balance sheets. Under certain circumstances the Company may not be reimbursed fully.for all program funds receivable as a result of denied reimbursements ("Denied Claims"). The Company'establishes an allowance for the Denied Claims it estimates will not be resolved in its favor. The allowance is estimated based on a detailed review of the specific programs, the individual claims at issue, and the availability of additional information to satisfy the denial. Based upon the Company's experience, the outcome of its efforts to satisfy certain claim denials cannot be predicted with certainty. As a result, revisions to the allowance may be required and are recorded in the period determined. The Company has not experienced any material losses from these advances to the Service Accounts and does not believe it is exposed to any significant credit risk. Page 642 of 973 10 PUBLIC CONSULTING GROUP,INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Equipment and Improvements Equipment and improvements are stated at historical cost. Major additions and improvements are capitalized, while maintenance and repairs are charged to expense as incurred. Depreciation is calculated using the straight-line method over estimated useful lives oft ee to seven years. Leasehold improvements are amortized on a straight-line basis over the shorter of the to of the lease or the useful life of the asset. When equipment and improvements are retired, abandoned, or otherwise disposed, the related costs and accumulated depreciation are removed from the accounts, and any gain or loss is reflected in the consolidated statements of income. The Conaprrriy pita s eligible costs associated with software developed or obtained for internal use i accorcta with accounting principles generally accepted in the United States of America. Si ificant co.is associated with the development of software for internal use are capitalized i `W% .., expected to have a useful life beyond one year and are amortized over the software's irriat useful life. Costs associated with preliminary stage software development, rnairitc iice. gi-ades and enhancements that do not result in additional , functionality are expen, i The Company evaluates the rec ab'_ .6 ' s long-lived assets, other than intangible assets and goodwill, whenever events c es circurnstarices indicate that the carrying amount of the assets may not be recoverable. ecrr ab' ' of these assets is measured by comparison of their carrying amount to the future tri C flows the assets are expected to generate over their remaining economic lives. If su assn: -c considered to beimpaired,the impairment to be recognized in earnings equals the at . 1 the carrying value exceeds their fair value determined by either a quoted market .ri, ii or a value determined by utilizing a discounted cash flow technique. If such assets v 1n ired, but their useful lives have decreased, the remaining net book value is recover e 'sed useful life. The Company has not recognized any impairment charges to date onI cA -live ss Intangible Assets The Company's intangible assets consist of identifiable asset �it [ii 'ves that have been acquired through business acquisitions. Acquired software tech. o -list er C'ntracts and trademarks are amortized on a straight-line basis over their estimate i se I es 11-compete and employment agreements are amortized on a straight-line basis ov F i " "the contract. Amortizable intangible assets are monitored for impairment as a result of 1, ificailt change in the utility of the asset or in the operating environment. If the asset is detennided to beimpaired it is written down to its estimated fair value. During the year ended June 30, 2016, the Company determined that a segment of its education and international reporting units would not produce the revenue, profitability, and cash flows originally forecasted and that the customer contracts, software and trademarks from these segments were impaired. The remaining net book value of$1,417,073 (cost basis of$7,913,500 and accumulated amortization of$6,496,427)was charged to impairment expense. Page11 643 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Intangible Assets (Continued) During the year ended June 30, 2015, the Company determined that a segment of its education reporting unit would not produce the revenue, profitability, and cash flows originally forecasted and that the customer lists and domain name from this segment were impaired. The remaining net book value of $651,667 (cost basis of $1,700,000 and accumulated amortization of $1,048,333) was charged to impairment expense. Goodwill Goodwill represents the excess of consideration transferred over the fair value of the net tangible and identified i , , , assets acquired in connection with a business acquisition. Management evaluates go, ill for i pairinew when circumstances suggest that the carrying value may not be recoverali Mailag, I eti I first assesses qualitative factors to determine whether the existence of events or -Airristanices leads to a conclusion that it is more likely than not that the fair value of a reporting , t "I . ill is less than its carrying amount for determining whether it is necessary to perform e two ,eli impairment test. The first step of the impairment test involves comparing the fair Ue It plica plc reporting unit with the aggregate carrying value, including goodwill. l amount of its reporting unit exceeds its fair value, management performs the cojid e e impairment test to determine the amount of impairment loss which involves p- i iplied fair value of the affected reporting unit's goodwill with the carrying V�d Ll During the year ended June 30, 201611, e termined that a segment of its education and international reporting units would j pro the revenue, profitability, and cash flows originally forecasted and that goodwill ", 7 tl --- - egirietits would not be recoverable. Management determined that the fair value o li aye:, 's-goodwill was less than its carrying amount and recorded animpairment loss of $ 19_ 1 , -f the year ended June 30, 2016. During the year ended June 30, 2015, the Compa titer that a segment of its education reporting unit would not produce the revenue, profit-albli V and rsh ws originally forecasted and that goodwill from this segment would not be reco erabi, ' 'anic t determined that the * , Itt and recorded an fair value of the segment's goodwill was less than its irr oil impairment loss of$4,062,293 for the year ended June 30, 201-5 Deferred Rent For leases that contain predetermined fixed escalations of niiiii fit I e Company recognizes the related rent expense on a straight-line basis from the date ,e, , e possession of the property to the end of the initial lease term. The Company records wi- ift"orence between the straight-line rent amounts and amounts payable as a deferred rent liability. Page 12644 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Revenue Recognition The Company's revenue is derived primarily from providing services under contracts with various pricing arrangements. The Company recognizes revenue under contracts when services have been rendered, the fee is fixed or determinable, collectability of the fee is reasonably assured and sufficient contractual documentation has been obtained. The types of contractual arrangements under which services are provided and the method of revenue recognition for each include: Fixed-l'ricc Clawacts The Con y -ed-price contracts consist primarily of contracts to provide inipleinei dote, hos ug, support, and maintenance for use of the Company's software. Revenue generally recognized when earned, as services are provided. Depending on the nature ' ti - 'ng deliverable, the Company may recognize revenue based on costs incurred osi estid tes of total expected contract revenue and costs to be incurred or on a straight-li has' nl °s evidence suggests that the revenue earned or obligations are fulfilled in a dif Performance-Based Contract, The Company recognizes r- en in &orniance-based contracts when earned, which generally occurs when service, av- e -ovided or milestones achieved. For certain performance-based contracts, this a SLI I CWTILlo being recognized in irregular increments. Time and Materials Revenue is recognized as services are rendere e For contracts that have multiple deliverables, the Con My ny e i hese deliverables at the inception of each contract and as each item is delivered. As 0 1 ev#uation, the Company considers whether the delivered item has value to a CLIStOtTle car [an tine basis. In situations where the delivered item has standalone value to the costorner, to en . is recognized when the item is delivered. In situations where the delivered item doe k IC sIdal it value to 'li the customer, the deliverables are accounted for as a single unit of , OU ',I � e revenue relating to these deliverables is recognized over the duration of the est). C led customer relationship, which management has generally determined to be the term o *t --elated contract. The Company is subject to the risk of potential cost overruns on its fixed-price and performance- based contracts. When a loss on a contract is first anticipated, the entire amount of the estimated loss is recognized. 'Under certain contracts, costs related to set-up and implementation may be incurred in periods prior to recognizing revenue. These costs are typically expensed in the period incurred. Unbilled services represent revenues recognized by the Company for services performed but not yet billed. Deferred revenue represents amounts billed or collected in advance of services rendered and is classified as current or long-term based on the Company's estimate of when the requisite services will be provided. Page R45 of 973 0 , PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Advertising and Business Promotion The Company expenses its non-direct response advertising and business promotion costs as incurred. Income Taxes For federal and state income tax purposes, PCG and its subsidiaries organized in the United States have elected under the Internal Revenue Code, with the consent of the shareholders, to be treated as an S Corporation and the shareholders include their pro rata share of the income or loss itheir iiidiv](Chla rare tax returns. For its subsidiaries organized outside oft e United States, n *� PCG has ina - ecti - to disregard these entities as separate legal entities for income tax purposes. N, provisio for federal income taxes is included in the consolidated financial statements. I orae tax 5xpeiise is provided for foreign and state income taxes since income taxes are imp ns and certain states. Certain who wned subsidiaries are considered to be partnerships for federal and state iaccz Accordingly, no provision or benefit for income taxes is included in the s since the taxable income or loss is reported by the members on their rils. Income taxes are provided for since certain localities on unincorporated l trs a rip local income taxes. Deferred income taxes exist for the es a 11' 1 come tax consequences attributable to the cumulative temporary differences betwe- fma al and income tax reporting. The principal differences relate to the cash rnefliod ' c, ; " the recovery of equipment and improvements through depreciation and the arra Jo of goodwill. At June 30, 2016 and 2015, the effect of deferred income taxes is not in , ria,.. id - iisequently has not been recorded in the consolidated financial statements. The Company files income tax returns in jurisdictions wort de e (#mpany's income tax returns are subject to examination by the various taxing aLl 01" N. atise the application of tax laws and regulations to any types of transactions is suse i 0 ng interpretations, amounts reported could be changed at a later date upon final deter 11 b, txin i , titihonties. The Company is no longer subject to examinations by tax authorities ye, ri 2012. Foreign Currency The assets and liabilities of the Company's foreign subsidiaries are translate , into U.S. dollars at year-end exchange rates or at exchange rates prevailing when the asset or liability was acquired. Revenues and expenses are translated at the weighted-average exchange rate prevailing during the year. The current effect of these translation adjustments is reported as a component of comprehensive income as reported on the consolidated statements of comprehensive income. The cumulative effect is reported as accumulated other co prehensive loss on the consolidated balance sheets and consolidated statements of changes in shareholders' equity. Prior to July 1, 2015, the functional currency of the Company's foreign subsidiaries was the U.S. dollar. Foreign currency transaction gains and losses were included in other income, net as incurred and were typically not material to the consolidated financial statements. Page14 646 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of SignificantAccounting Policies Foreign Currency (Continued) Revenues from outside of the United States were $8,668,438 and $1,808,407 during the years ended June 30, 2016 and 2015, respectively. Combined foreign net assets of the Company's international subsidiaries as of June 30 were: 2016 2015 Total assets $ 10,848,858 $ 5,516,911 Total lialb)il" " : , ) — 1 673,2„12) 6.500,763 3,843,699 Fair Value tt aa M xumen s The Company' in'a hi, -u-etas include cash and cash equivalents, accounts receivable, program funs recei Iale. tt s eccivable, accounts payable, accrued liabilities, line of credit, and long-term debt. r "aloes of cash and cash equivalents, accounts receivable, program funds receivable, es re ivab - accounts payable, accrued liabilities, and line o credit approximate their respe• te,s due to the short-termmaturity o these instruments. Management has ,cte le, W t the difference between the fair value and the respective carrying value of the .61n y'� accruetl liabilities and long-term debt is not significant to the consolidated financi i Reclassifications Certain amounts i the prior year coo-isolida cd iE statements have been reclassified to conform to the current year presentation. These Tyclc )res had no impact on previously reported net income. Note 3 - Business Acquisitions During the year ended June 30, 2016 the Company coral let tl tir ,e, of four separate businesses through the acquisition of all of their outstanding sto bst, Tally all of their assets and the assumption of certain liabilities. The businesses, two o hc.” t° d in Poland and one of which is based in the United Kingdom, provide consulting o 111, y solutions to clients in the education or health sectors. The Company acquired the btisit es 1'or°the following consideration: Cash paid at closing 20,043,821 Contingent consideration 1.352,420 Total ° 21.32=6 L1 Page 647 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 3 -Business Acquisitions (Continued) The Company accounted for these transactions under the purchase method of accounting. Under the purchase method, the excess of the purchase price over the net identifiable tangible and finite-lived intangible assets is allocated to goodwill. In these transactions, the significant assets acquired by the Company were intangible assets with finite lives which are principally related to software technology and customer contracts and relationships. The results of operations have been included in the consolidated statements of income from the acquisition dates. All of the goodwill is expected to be deductible for income tax purposes. Costs to effect the business acquisition such as legal, accounting, due diligence and other closing costs were expensed as incurred and iiicl p professional fees on the consolidated statements of income. The fair val of the ets acquired and liabilities assumed at the acquisition dates are as follows: Cash $ 1,253,194 AccoLi -s rec a , -,, trade 1,007,915 Prepaid A 407,569 Equipment , -nnpr _q e 170,073 Other assets 208,849 Intangible assets 21,598,163 Total identifiable asset- 24,645,763 Accounts payable 829,321 Accrued expenses 2,542,087 Total liabilities assumed 3,371,408 Net identifiable assets acquired 27#355 Goodwill I Net assets acquired During the year ended June 30, 2015, the Company recorded a jueasLlreine eriod adjustment in the amount of $250,000 for one of its previous acquisitions. The measure new period adjustment increased goodwill and contingent consideration. Page 616 8 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 4 -Accounts Receivable, Trade,Net Accounts receivable, trade, net consists of the following at June 30: 2016 2015 Billed $ 96,890,743 $ 93,292,680 Unbilled 3,158,364 _4,163,084 100,049,107 97,455,764 Less allowance for doubtful accounts 1,096,358 1,556,950 $9819 $ 95 898,814 Note 5 -Pro -a in Fu n I Receivable,Net Program funds rcceive, ne onsists of the following at June 30: 2016 2015 Funds transferred to 'c- ts+ $ 13,006,311 $ 12,487,710 Less allowance 2,576,000 1476,000 S 10.4agJ11 9,011,710 to 6 -Notes Receivable, Shareholders Notes receivable, shareholders consists of the Poll in JU 30: , -016 2015 Promissory notes, in connection with payroll taxes owed )n grants of restricted common stock("Restricted Stock"), be:: interest at the 30-day LIBOR rate plus a margin, as defined in the agreements (1.93% at June 30, 2016) with principal and interest payments due at various times through June 30, 2021. Interest is due on the last day of each calendar quarter commencing upon execution of the promissory note. Quarterly principal payments commence approximately three years from the execution date and are payable over two to five years from the date of the first payment. The notes are secured by the related shares of common stock. $ 2,892,550 $ 1,494,700 Less current portion 309,800 236,250 S 2,5&,750 S 1,258,450 Page17 R49 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 7- Equipmenta rove a s, Net Equipment and improvements, net consist of the following at June 30: 2016 2015 Computers and equipment $ 21,596,389 $ 20,038,185 Furniture and fixtures 3,580,935 3,362,842 Leasehold improvements 2,572,588 Vehicles 152.050 - 28,164,014 25,973,615 Less a. lula depreciation 21,758,358 18,230,030 S 6,405.656 7.743.585 Computers and equip ht in odee, internally developed software in theamount o $818,640 as of June 3 , 2016 and 20 The Company abandoned, ired, d d' seal of equipment and improvements with a cost basis o $364,120 accuniul, d- �ia =an o $297,781 during the year ended June 30, 2016. The Company abandonel, re ` disposed of equipment improvements with cost basis o $174,070 and aceuxlnu ed ,r,*, ion of$159,810 during the year ended June 30, 2015. Note 8 -Investment in Affiliate Investment in affiliate represents PCG Capital 1 : ner , %, non-controlling investment in LobbyGuard Solutions, LLC. The Company tis t nnetbod of accounting for this investment and evaluates the investment for Mil airmei ji an `in anis. The Company has not recognized any impairment charges to date on its invest t i Glia Equity in earnings of affiliate and the change in the investment in affiliate wei $w f lie year ended June 30, 2016. Note 9 - Intangible Assets, Net Intangible assets, net consist of the following at June 30: 2016 2015 Accumulated rryi Accumulated Carrying Cost Amortization Amount Cost Amortization Amount Software technology $ 18,809,457 3,530,068 $ 15,279,389 $ 8,822,791 5,041,704 $ 3,781,087 Customer contracts and relationships 7,668,209 3,174,146 4,494, 63 9,269,019 3,618,809 5,650,210 Other intangible assets with finite lives 5,795,431 1,275,423 , _ 4,520,008 416,293 222.032 194.261 Total intangible assets 73 097 $ 7,979,637 $ 93,460 18.508.103 8182,545 $—I.625558 Page 16850 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 9 -Intangible Assets, Net( ) The Company wrote off$628 of intangible assets with no accumulated amortization during the year ended June 30, 2016. The Company wrote off fully amortized intangible assets of $1,347,390 during the year ended June 3 , 2015. Amortization for intangible assets with finite lives for the next five years ending June 30 is expected to be as follows: 2017 5,281,550 20 5,261,044 4,644,583 (720 3,736,480 X021 2,786,448 Note 10 -Line of Cr t The Company has a c• h a bankwhich consists of a revolving line of credit and a term loan facility (see Not ). Q q �ear ended June 30, 2016, the credit facility was amended and restated to increass e i- vi line of credit from $15,000,000 to $35,000,000 and the tenn loan facility from 25 „00 _10 $50,000,000. The credit facility is collateralized by substantially all the assets of d Co 17 - cl includes certain administrative and financial covenants common to such agreetnent, Advances under the revolving line of crec eiii nd and bear interest at the 30-day LIBOR rate plus a margin, as defined in the a Ire, ( 6% at June 30, 2016). The revolving line of credit matures on December 1, 2018. The bank also issues letters of credit on behalf of t Cori iy ' oniiection with certain financial agreements. The letters of credit are subject to the J ra it trait, Letters of credit outstanding amounted to $100,880 and $104,078 at June 3 , .0 ` inti i `5, respectively. Note 11 -Long-Term Long-term debt consists of the following at June 3 : 2016 2015 The Company has a $50,000,000 term loan facility (see Note 1 ) which is payable in quarterly principal installments escalating from $625,000 to $1,875,000 commencing on March 31, 2016 through December 1, 2020 at which time all outstanding principal (approximately $26,875,000) and any accrued and unpaid interest are due. Payments of interest at the 30-day LIBOR rate plus a margin, as defined in the agreement (1.96% at June 3 , 2016) are due quarterly through maturity. Prior to thea ended and restated credit facility, the term loan was payable in quarterly principal installments escalating from $312,500 to $937,500. $ 49,375,000 $ 22,812,500 Page 1651 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 11 - - (Continued) 2016 2015 Obligations under Polish capital lease agreements payable i monthly installments of approximately $1,700 including interest at approximately 1.60% through June 2018. The obligation is secured y the related equipment. $ 58,601 $ - Obligation under master capital lease agreement payable i monthly installments of approximately $7,000 including interest at 2.90% - )1i Aril 2018. The obligation is secured y the related Opine 98,012 153,850 49,531,613 22,966,350 Less current rtion 3,204,868 2,868,338 20.098,012 Principal payments d U 0 debt through maturity for the years ending June 30 are as follows: 2017 3,204,868 2018 3,826,745 2019 6,250,000 2020 7,500,000 2021 28,750,000 49.531.613 Note - Incentive Compensation During the year ended June 30, 2012, PPL established k g-t in, 7tive plan ("LTIP") for certain employees based o 's performance. Awards urs t w-e granted by the Board of Directors at their discretion. Generally, an employee 11 ve right to receive payment for all or any part of their award until (i) the fifth aim crs � ,l' t awax-d, (ii) separation from service as a result of death or disability, or l r ell, e in control. Notwithstanding the preceding provisions, the awards generally vest mer or.tr°-year period unless otherwise determined by the Board of Directors. Once entitled to r .ceive payment, the amount is paid equally over twelve quarterly installments. The aggregate liability at June 3 , 2016 and 2015 for awards granted and expected to be paid under the LTIP amounted to $8,103,641 and $6,574,211, respectively. Payments of award under the LTIP will commence with the-quarter ending December 31, 2016. At June 30, 2016, current portion of accrued expenses includes $1,224,416 for LTIP award payments to be made within the next twelve months. The balance of the LTIP award liability is reported as accrued expenses, net of current portion. Page20652of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note - Shareholders' Equity Common Stock At June 30, 2016, the Company has authorized 3,000,000 shares of common stock with no par value of which 250,000 are reserved for issuance upon the exercise of stock options under the Company's 2014 Stock Plan. At June 30, 2016 and 2015, the aggregate number of shares o common stock issued and outstanding are 2,012,334 and 2,080,057, respectively. During the years ended June 3 , 2016 and 2015, the Company issued 15,338 and 24,385 shares of common stock, respectively, to certain shareholders. The shares of common stock were issued in exchange for a inaatioji of cash proceeds and stock subscriptions receivable (see Note 14), I accorrlaaaac ith the archolders' agreement as amended July 1, 2014, the Company begins repurcliaas a g fares of e aimaioaa stock from a shareholder during the calendar year quarter the shareholder tt Ter certain circumstances, the Company may elect to defer its obligation to wl)tarclat the nares of common stock or change the commencement date of the repurchaseof a ra n stock are repurchased ratably over a five-year or ten-year period depending on f i ares owned y the shareholder on the date the shareholder reaches age 60. The va of t _.11 is determined under a formuladefined in the shareholders' agreement and i ec at for each year the common stock is being repurchased. The Company repurchased 105,6931 'es of common stock from shareholders during the years ended June 30, 2016 a 01 respectively. The Company is expecting to repurchase approximately 105,000 to 135,. r- snnion stock from shareholders during the year ended June 30, 2017. The Company as to aimed whether it will exercise its right to defer the repurchase of any of these shares. The Company also repurchased 7,123 and 8,120 shag of c ii tock from shareholders during the years ended June 30, 2016 and 2015, respectively ex ge ra cashless exercise of nonqualifiedstock options. Subsequent to June 30, 2016, the Company issued 22,231 share, o " in stoc s, including 8,025 shares of RestrictedStock, and granted 10,518 nongtjaalifae sto lit' to certain shareholders of the Company. Additional - Capital Prior to 2015, amounts that represented additional paid-in capital were included in accrued expenses, net of current portion. Beginning July 1, 2014, these amounts have been reclassified as additional paid-in capital. Page26153 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Nate 13 - Shareholders' Equity (Continued) Restricted During the years ended June 30, 2016 and 2015, the Company issued 8,817 and 13,272 shares o Restricted Stock, respectively, which vest over a five-year period from the grant date. All Restricted Stock which has not yet vested in accordance with the forfeiture rights are to be immediately forfeited to the Company upon a shareholder's termination of employment, i such an event occurs. As of June 3 , 2016 and 2015, non-vested shares of Restricted Stock amounted to 28,586 and 29,871, respectively. The fair value of the Restricted Stock on the grant date is amortized as compensation expense on a straight-line basis over the lapsing forfeiture period. Compensation e ,= PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 14 =Stock Subscriptions Receivable In connection with the issuance of common stock to certain shareholders (see Note 13), the Company enters into stock subscription notes receivable ("Stock Notes") with the shareholders. The Stock Notes bear interest at the 30-day LIBOR rate plus a margin, as defined in the Stock Notes (1.96% at June 3 , 2016). Principal and interest payments are due on the last day of each calendar quarter commencing with the quarter subsequent to the execution of the agreement. The Stock Notes mature at various times to ece er 31, 2020. Future minimum payments for total stock subscriptions receivable under various notes for the years ending Juii g -e as follows: 2017 653,900 2018 553,000 2019 583,000 2020 286,500 2021 32,500 2.108,(00 Note 15 - Commitments and Cott gen s Lease Commitments The Company conducts its operations fro e rioris locations throughout the United States, Canada, Poland, the United K ig g c mpany leases its facilities under non- cancellable operating leases, including leases wit eni, o ied by certain shareholders of the Company, which expire at various ti es tlii-o g Ijuding any terms that can be extended at the Company's option. In addition to base s, j ~i of the leases require the reimbursement for operating expenses and real estate taxes. got nfl to related parties for rent amounted to $2,514,951 and $2,285,497 for the yell.. e d .I i e 30, 2016 and 2015, respectively. Future minimum annual base rents under the non-cancellable leas g its the years ending June 30 are as follows: T[IiI°c elated Parties Parties 2017 7,538,059 2,397,477 2018 7,051,193 2,444,622 2019 6,330,275 2,491,866 2020 4,759,580 2,539,221 2021 2,556,264 2,586,685 Thereafter 738.970 793,510 28,974.341 $ 1325303 Page655 of 973 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 15 - Commitments and Contingencies (Continued) Contingencies From time to time, the Company may be involved in legal actions arising in the ordinary course of business. Each of these matters is subject to various uncertainties, and it is possible that some of these matters may be resolved unfavorably. The Company establishes accruals for losses that management deems to be probable and subject to reasonable estimate. The Company expenses legal costs, net of any insurance recovery, as incurred. Some of the Company's contracts contain provisions that may require payment of liquidated damages. The C , q - , establishes accruals for liquidated damages that management deems to be probable a stibie , o reasonable estimate. Liquidated damages that are not probable but reasonably p hale, or bale but cannot be estimated, if determinable and material would be disclosed. Li idated datbages considered remote are not disclosed. Note 16 - 14etimillell ails The Company sponso " I -I -ofit Sharing Plan ("Retirement Plan") which covers all eligible U.S. employees. pari n r- ons to the Retirement Plan are at the discretion of the Board of Directors, but may C maximum allowable deduction permitted under the Internal Revenue Code at e o- he contribution. Canadian employees are covered under a Registered Retirement S it] ) "R SP"') and a Deferred Profit Sharing Plan ("DPSP"). Employer contributions to F 'the discretion of the Board of Directors, but may not exceed a maximum of$8,000 s defi in the agreement. Page 656 of 973 24 7. Price Proposal Information - Appendix A Fiii PUBLIC CONSULTING C ROLIP Page 657 of 973 APPENDIX A PRICE PROPOSAL PAGES RFP NO. 19-020/SS Page 1 of 2 The following pricing is submitted as the all-inclusive pricing to provide the Fire Rescue Department with services relating to the of revenues received as a result of the Florida Certified Public Expenditure Program for Emergency Medical Transportation Program (PEMT) in accordance with the Requirements/Scope of Work/Services set forth in this RFP document. CONTRACTOR agrees to provide the services detailed in Section 4, Scope of Work/Services, on a contingency fee basis based on payments received by the County under the PEIVIT Program for ACHA cost reports completed by Contractor. RATE 6.00 % of revenues received under the PEIVIT Program The Proposer certifies by signature below the following: a. This pricing is current, accurate complete, and is presented as the Total Pricing, including "out-of-pocket" expenses (if any), for the performance of this Contract in accordance with the Requirements/Scope of Work/Services of this F . b. This Proposal is current, accurate, complete, and is presented to the County for the performance of this Contract in accordance with all the requirements as stated in this RFP. C. The Proposal is submitted without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Proposal for the same materials, services, and supplies and is, in all respects, fair and without collusion or fraud. d. The financial stability to fully perform the terms and conditions as specified herein. The County reserves the right to request financial information from the proposer at any time during the solicitation process and in any form deemed necessary by the County. e. Commercial Non-Discrim ii Certification: Check the box(es), as applicable, as required by Section 3.5 COMMERCIAL NON-DISC RIMI NATION : WProposer hereby certifies that the information in Section 3.5 is true and correct e best of the Proposer's knowledge. PProposer has attached to its proposal any legal/administrative proceeding inormation. 72 Page 658 of 973 APPENDIX A PRICE PROPOSAL PAGES RFP NO. 19-020/SS Page 2 of 2 OR o4Proposer certifies that there are no legal/administrative proceedings required e disclosed. Note: Failure to certify and submit the required information, if applicable, shall deem your proposal non-responsive. IMPORTANT: FAILURE TO SUBMIT THESE PAGES, INCLUDING ALL REQUIRED INFORMATION AND SIGNATURES, WILL BE CAUSE FOR "IMMEDIATE REJECTION" OF THE ENTIRE PROPOSAL RESPONSE. NAME (PRINT): Marc Staubley TITLE: Health Practice Area Director COMPANY: Public Consulting Group, Inc. ADDRESS: 816 Congress Ave, Suite 1110 CITYISTATE/ZIP: Austin, TX 78701 TELEPHONE NO. (512) 407- 80, ext 4 4�62 SIGNATURE: 73 Page 659 of 973 8. Business Information - Appendix B i�l�i Il �I PUBLIC CONSULTING C ROLIP Page 660 of 973 APPENDIX B BUSINESS INFORMATION RFP NO. 19-020/SS Full Legal Name of Entity: Public Consulting Group, Inc (Exactly as it is to appear on the Contract/Agreement) Entity Address: 816 Congress Ave,Suite 1110,Austin,TX 78701 Telephone Number: ( 512 )407-9680 - Fax Number: 512 407-9249 Form of Entity: 17-71 1./ 1 Corporation Limited Liability Company Partnership, General Partnership, Limited Joint Venture Sole Proprietorship Federal I.D. Number,04-2942913 (1) If Proposer is a subsidiary, state name of parent company. Caution: All information provided herein must be as to Proposer (subsidiary) and not as to parent company. (2) Is Entity registered to do business in the State of Florida? Yes Yj No If yes to the above, as of what date? 06111/1993 If not presently registered with the Division of Corporations to do business in the State of Florida as either a Florida or foreign corporation, Proposer acknowledges, by signing below, that if it is the Awarde 'twill r gi ter with the State of Florida prior to the effective date of the contrasal -e chC unty. SIGNATURE: NAME (PRINT): MarcStaubley TITLE: Health Practice Area Director COMPANY: Public Consulting Group,Inc. 74 Page 661 of 973 9. Amendments to the RFP i�l�i Il �I PUBLIC CONSULTING C ROLIP Page 662 of 973 AMENDMENTNO. 1 DATED: June 10, 2018 Palm Beach County Purchasing Department 50 South Military Trail, Suite 110, West Palm each, FIL 33415 RFP No. 19-020/SS Title: Florida Certified PubliG Expenditure Program for Emergency Medical Transportation (PEMT) Request for Proposal Due Date: June 18, 2019 This Amendment is issued to provide additional information and clarification to the RFP document: A. Questions received from Public Consulting Group and Fire-Rescue's responses: .1. True/False: The vendor is expected to prepare annual cost reports on behalf of the County to obtain federal reimbursement? A.1 True, Section 4, Scope of Services 4.5, Attachment B is the Emergency Medical Transportation Integrated Disclosure and Medicaid Cost Report, The fillable form is provided as a separate attachment on the Purchasing Department's website: httpA;//�bcvs��p_qtp .copal fI, -Lys w ba D/V5Sp/AltSeIfSerV1ce _ gL_t 1) Q.2. True/False: The vendor is expected to utilize a web-based system to conduct comprehensive pre-cost report submission compliance reviews? A.2. Neither True nor False, The vendor just needs to provide the Emergency Medical Transportation Integrated Disclosure and Medicaid Cost Report, filled out as required by ACHA so the County receives its full revenue potential. 2.3. True/False: The vendor is expected to assist the County with a pre-payment and post- payment state compliance review process? A. , True. The County does expect the vendor to assist the County with the pre-payment and post-payment, State compliance review process. Section 4, Scope of Work, 4.12 and 4.13 applies, Q,4. True/False: The vendor is expected to provide support to the County in the event of a federal audit to justify and demonstrate reasonableness of Medicaid reimbursement? AA, True. The County expects support at any audit level, Federal and/or State, on any ACA or Centers for Medicare and Medicaid Services (CMS), Section 4, Scope of Work, 4.12 applies. Q-5. True/False:The County is seeking to partner with a vendor who can demonstrate Medicaid related experience in the state of Florida? 1 Page 663 of 973 AMENDMENT NO. 1 to RFP No. 19-020/SS Page 2 of 2 A 5 True. The County is seeking a vendor that is familiar with the PEMT Program in the State of Florida. Section 4, Scope 4.3 and 4.4 applies. 0.6 True/False: The County is seeking to partner with a vendor who has experience compiling cost reports on behalf of EMS providers? A.6 True. The County is seeking a vendor who has experience compiling the Emergency Medical Transportation Integrated Disclosure and Medicaid Cost Report. Section 4, Scope 4.3, 4.4, 4.5, 4.6 and 43 apply. Q.7. True/False: The County is seeking to partner with a vendor who offers a proven web- based EMS cost reporting solution? A.7. Neither True nor False. The vendor just needs to provide the Emergency Medical Transportation Integrated Disclosure and Medicaid Cost Report filled out as required by ACHA so the County receives its full revenue potential. Q. . Is the vendor expected to have worked with the Florida Fire Chiefs Association (FFCA) and the Agency for Health Care Administration(A CA) in the development and continued implementation of the Florida Managed Care reimbursement program? A.& The County prefers that the vendor has worked with FFCA, but it is mandatory that the vendor has worked with AHCA and needs to provide the Emergency Medical Transportation Integrated Disclosure and Medicaid Cost Report filled out, as required by ACHA, so the County receives its full revenue potential. All changes addressed in this Amendment No. I shall be incorporated into RFP No. 19-020/SS and the final contract. All other terms and conditions of the RFP remain the same and unchanged, NOTE: Please acknowledge receipt of this Amendment No. 1 by signing below and returning this page with your Proposal Response. Each Amendment to the RFP shall be signed by an authorized agent and submitted with the proposal or the proposal all be deemed non-responsive. Pf L nn l, y ea PagePhas ng Manager ACKNOWLEDGMENT: COMPANY NAME SIGNATURE DATE 2 Page 664 of 973 10. Additional Information i�l�i Il �I PUBLIC CONSULTING C ROLIP Page 665 of 973 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP#19-020/SS SECTION 3.10: Additional Information 3.10 Information considered by the proposer to be pertinent to this project and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Proposers are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials.Appendices should be relevant and brief. Public Consulting Group, Inc. (PCG) does not have any additional information to be considered. ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Public Consulting Group, Inc. Page 129 Page 666 of 973 FIRST AMENDMENT TO CONTRACT FOR FLORIDA CERTIFIED PUBLIC EXPENDITURE PROGRAM FOR EMERGENCY MEDICAL TRANSPORTATION (PEMT) (Contract No. 19-020/SS) THIS FIRST AMENDMENT, dated _ WW2020, to Contract No. 19-020/SS, dated August 20, 2019, is made by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the "COUNTY", and Public Consulting Group, Inc., located at 816 Congress Avenue, Suite 1110, Austin TX 78701, a corporation authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WITNESSETH: WHEREAS, the parties have entered into that certain Contract dated August 19, 2019, hereinafter referred to as the "Contrast", whereby the CONTRACTOR has agreed to assist the Fire Rescue Department comply with the Florida Certified Public Expenditure Program for Emergency Medical Transport (PEMT) program; and WHEREAS, the parties desire to modify ARTICLE 4 - PAYMENTS TO CONTRACTOR, paragraph A, to clearly delineate the percentage amount to be paid to the CONTRACTOR for the various PEMT program revenues received by the COUNTY; and WHEREAS, the COUNTY desires to add ARTICLE 35 - E-VERIFY- EMPLOYMENT ELIGIBILTY in order to comply with F.S. 448.09; and WHEREAS, the parties desire to modify EXHIBIT A to distinguish the various supplemental payment options relating to the PEMT program. NOW THEREFORE, in consideration of the mutual covenants and agreements expressed herein, the COUNTY and the CONTRACTOR agree as follows: 1. ARTICLE 4 - PAYMENTS TO CONTRACTOR, paragraph A, is hereby amended to read as follows: "A. The total amount to be paid by the COUNTY under this Contract for all services and materials shall not exceed the following percentages of revenues received that are directly related to the following portions of the Supplemental Payment Program of the PEMT Program: (1)shall not exceed six percent (6%)for the Florida Certified Public Expenditures (CPE) portion; and (2) shall not exceed three percent(3%)for the Medicaid Managed Care 1 Page 667 of 973 (MCO) portion. The CONTRACTOR will bill the COUNTY on an "as needed basis" when PEMT Program payments are received by the COUNTY." 2. ARTICLE 35 - E-VERIFY — EMPLOYMENT ELEGIBILITY is hereby added to the Contract: "ARTICLE 35 - E-VERIFY — EMPLOYMENT ELEGIBILITY CONTRACTOR warrants and represents that it is in compliance with section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, CONTRACTOR shall: (1) register with and use the E- Verify System (E-Verify.gov), to electronically verify the employment eligibility of all newly hired workers; and (2) verify that all of the CONTRACTOR's subcontractors performing the duties and obligations of this Contract are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. CONTRACTOR shall obtain from each of its subcontractors an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in section 448.095(1)(k), Florida Statutes, as may be amended. CONTRACTOR shall maintain a copy of any such affidavit from a subcontractor for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Contract which requires a longer retention period. COUNTY shall terminate this Contract if it has a good faith belief that CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If COUNTY has a good faith belief that CONTRACTOR's subcontractor has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, COUNTY shall notify CONTRACTOR to terminate its contract with the subcontractor and CONTRACTOR shall immediately terminate its contract with the subcontractor. If COUNTY terminates this Contract pursuant to the above, CONTRACTOR shall be barred from being awarded a future contract by COUNTY for a period of one (1) year from the date on which this Contract was terminated. In the event of such contract termination, CONTRACTOR shall also be liable for any additional costs incurred by COUNTY as a result of the termination." 3. EXHIBIT A, Scope of Work/Services, is hereby revised and replaced by the Revised Scope of Work/Services attached hereto as Attachment No. 1 , retaining the Attachments A and B. 2 Page 668 of 973 4. All other provisions of said Contract, dated August 20, 2019, are hereby confirmed and, except as provided herein, are not otherwise altered or amended and shall remain in full force and effect. 5. In accordance with Palm Beach County Code Chapter 2, Article Ill, Section 2.51, as amended, this FIRST AMENDMENT shall not take effect until executed by the CONTRACTOR and COUNTY. THE REST OF THIS PAGE IS LEFT BLANK INTENTIONALLY 3 Page 669 of 973 IN WITNESS WHEREOF, the Director of Purchasing of Palm Beach County, Florida, on behalf of the COUNTY, and the CONTRACTOR have executed this First Amendment to the Contract on the day and year above written. PALM BEACH COUNTY, FLORIDA FOR ITS BOARD OF COUNTY COMMISSIONERS BY KATHLEEN M. SCARLETT DIRECTOR OF PURCHASING Kathleen M. Scarl tt, irector WI NESSE CONTRACTOR; Public Consulting Group, Inc. S nature Company Na 10i r- 1 (A. I re, BY: Name (type or print) Signature ( v. F tiv Marc Staubley Signature) Typed Name V\o'C Health Practice Area Director Name (type or print) Title APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY �w County Attorney 4 Page 670 of 973 Attachment No. 1 to First Amendment to Contract No. 19-020/SS EXHIBIT A REVISED SCOPE OF WORK/SERVICES Contract No 19-020/SS Palm Beach County Fire Rescue (COUNTY) provides countywide emergency medical transportation, some of which will qualify for the Public Emergency Medical Transport(PEMT) Program for Medicaid. The COUNTY must comply with both U.S. Department of Health and Human Services under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act, and regulations promulgated thereunder (HIPAA Regulations), all as have been and may be amended from time to time and as such, CONTRACTOR shall comply. A. CONTRACTOR activities shall comply with the HIPAA Privacy Rule, the HIPAA Security Rule, and the Business Associate Agreement (BAA), attached hereto as Attachment A of the Scope of Work/Services. B. CONTRACTOR shall consider all data provided as confidential information. CONTRACTOR shall not release any confidential information without prior written consent from the COUNTY. C. CONTRACTOR shall inform COUNTY, according to HIPAA guidelines, of any breach of confidential information. This includes unintentional data breaches such as mailing to unintended recipients. D. The CONTRACTOR shall be required to execute as written, the BAA, see Attachment A to this Scope of Work/Services. 2. The COUNTY provides emergency medical transports to approximately six hundred (600) Medicaid patients each month and requires a CONTRACTOR to complete the required paperwork for the COUNTY to participate in the PEMT Program. The CONTRACTOR shall complete the required cost reports with ten (10) schedules to the Agency for Health Care Administration {ARCA), attached hereto as Attachment B to this Scope of Work/Services, as required for the COUNTY to participate in the Certified Public Expenditures (CPE) portion of the PEMT Program. 3. The PEMT Program provides for supplemental payments for allowable costs that are in excess of other Medicaid revenue received for emergency medical transportation services to Medicaid eligible recipients. 4. The CONTRACTOR shall be familiar with the PEMT Program in the State of Florida and all the rules, regulations and requirements associated with PEMT. 5. The CONTRACTOR shall have the knowledge, skills, ability and experience to fully complete the required CPE cost reports with ten (10) schedules to AHCA, 5 Page 671 of 973 Attachment No. 1 to First Amendment to Contract No. 19-020/SS see Attachment B of the CONTRACT, within the time frame prescribed herein and as required by the PEMT Program. 6. The CONTRACTOR shall have knowledge of the data and cost reporting principles specified in Chapter 401, Florida Statutes. 7. The COUNTY will provide the CONTRACTOR with all of the required data needed to complete the CPE cost report schedules; however, the CONTRACTOR is responsible for the accurate completion of the schedules. 8. CONTRACTOR shall be able to accept from the COUNTY, via electronic submission, all information using a secure connection in accordance with HIPAA. 9. If the completed CPE cost report is rejected by AHCA, CONTRACTOR shall work with the COUNTY to make the necessary corrections and/or modifications and resubmit the report before the required filing deadline, which is typically end of November. 10. CONTRACTOR agrees to receive compensation for PEMT services on a contingency fee basis. This compensation will be based on payments received by the COUNTY under the PEMT Program. 11. The CONTRACTOR shall respond to, and represent COUNTY on any AHCA or Centers for Medicare and Medicaid Services (CMS) audit, review and communication regarding any PEMT Program covered by this Contract, including any cost reports prepared by the CONTRACTOR and delivered to AHCA on behalf of the COUNTY. 12. If, as a result of an audit by ACHA, a refund is required by the COUNTY, the CONTRACTOR agrees to return the portion of the compensation fee that was paid on the amount being refunded. 6 Page 672 of 973 a� (Y) ti rn N m �No 4— m 3' �Y,m�m"r'm�°r'mm�,m�voNm`.-'o mmm�u�v���voomu�$�N$�Nu��v���Y,NN�NomaNmm�Nmmu�m�v��NmY,����m°r'N�mm� zLL z $ M$ m$ v N o$ i �2 �2ASN a u N C m$�vNou���nro�`r .2m 2 oNNMor�v--Nim.-rvmmv m�nmovm�nvN<omm<ooM<o v�nvro.-�no�voNvmNmNm`r°oo� nr i� n.-v�m�H --�nrrN�nm o�nrmom�n<o r.-�nvm Nin Jnr--m—mm -m--.------om<o E m$$puri u`�i�2m�2 V Nv m �2mW 2°2roiN23 V o m o m m m 22 mrri i V M 2 roi 2 v 2 m�2umim Q a M f6 � GJ U - � rc H W IL N O N U LL To Elo o Q N c m E ern m w m ? wwl o N E m m ,o', „ oo - - ' aava."c�z" o �N`o m"�000��"`o�000-Oo °a`o����a���v30 ��mo� 2vomm mci mii ou 'o'o mo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _m m w-JE -_=G, Y °'U r " ¢m" m`civvvvvvvv0000 viivvvvci ci ci cion s."��i�ii -- ����� z°z°o"oo o`o`o"a"a" a°a�n�n�n�n���3333r 7.B. Consent Bids and Purchases Over $100,000 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Award task order F-16-2021 Utilities Equipment Canopies, based off Bid No. 018-2511-18/ITfor Minor Construction Services, and authorize the City Manager to issue a Purchase Order to RPM Contractors, Inc. as the lowest responsive, responsible bidder in the not to exceed amount of$186,380.00. Explanation of Request: On July 14, 2021, Facilities Management issued a task order#F-16-2021 for "Utilities Equipment Canopies" with a Mandatory Site Inspection held on July 15, 2021 to review the project with the Minor Construction Services pool of vendors. The scope of the work is for the Installation of (2) two pre-manufactured steel buildings to house Portable Generators that are used at multiple lift stations as back up power. These structures will protect the Generators from the elements and sun damage. On July 27, 2021, Procurement Services received quotes from the Minor Construction Services pool of vendors. After reviewing the (4) submittals, staff is recommending the project be awarded to RPM Contractors, Inc. as the lowest, responsive, responsible bidder. Homrich Corp Anzco, Inc. I.Q. Construction, Inc. RPM General Contractors, Inc. $237,800.00 $219,000.00 No Bid $186,380.00 How will this affect city programs or services? There is presently no housing structure for the Generators which leaves them exposed to the elements and sun. The new structures will protect and increase the longevity of generator's usage. Fiscal Impact: Budgeted Funding is in CI P Account#403-5000-533-65-02 Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Page 674 of 973 Is this a grant? Grant Amount: Attachments: Type Description D Addendum Backup Paperwork D Addendum Backup Paperwork Page 675 of 973 CITY OF BOYNTON BEACH 000+" i Date: 19-Aug-21 Requesting Department: Utilities Contact Person: Howard Kerr Explanation for Purchase: The City of Boynton Beach Utilities will need these Canopies to Generators from the elements and the sun. The selected vendor for task# F-16-2021-Utilities Canopies is RPM Contractors, Inc., RFQ No. 028-2511-20/RW based of Bid 018-2511-18/IT. Recommended Vendor RPM General Contractors Dollar Amount of Purchase $186,380.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: Bid 018-2511-18/IT NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Account#403-5000-533-65-02 Project# SWR102 Approvals: Department Head Date 9//11)711 Purchasing Agent Date Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 676 of 973 REQUEST FOR REQUISITION H.T.E.ENTRY DATE: 08/11/2021 H.T.E.REQUISITION# 79414 _. - - Administrative Associate- M. Czecholinski Michelle Czecholinski ... ......... . ........... -- Procurement Asst: Interim Utilities Director- Carisse LeJuene City Manager(non budgeted ca ital and/or$5000+): REASON FOR PURCHASE: Utilities/Field Operations will need these Utilities Canopies to protect the Generators from the elements and the sun. The selected vendor for task#F-16-2021-Utilities Equipment Canopies is RPM General Contractors, Inc., RFQ No. 028-2511- 20/RW based off of Bid 018-2511-18/IT„ VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: RPM General Contractors, Inc. Admin. (x) Date: 08/11/2021 ASAP (X ) Address: 690 NE 26th Ct. Engineering ( ) Date Needed: 08/25/2021 Confirm. ( ) Boynton Beach, FL 33435 Cust. Rel. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): Kristen McTeague Water Qual. ( ) Quotes/Verbal O E.Admin. 40 ( ) (over$500)._ _ Email: kristen@rpmgc.com Pumping O Quotes/Written O E. WTP 41 (X ) (over $2000) Vendor Number: 18418 -- —PW Treat. ----- O Bid Docs. (x) W.WTP 42 __ ..... Meter Serv. ( ) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR: -Tremaine Johnson- Field Sewage O Insurance ( ) Special Instructions: Operations Manager Requirements: _. APPROVED ` V Strmwtr. O Project Number: SWR102 __ .. . __ _ Quan. Unit Price Description & Part Number Fund Dept Basic Elem Ob-I Amount 1 LS $186,380.00 Contractor to install (2)two pre- 403 5000 535 65 04 $186,380.00 manufactured steel buildings from Federal Steel Systems. Contractor to form foundations and install (2)two pre-manufactured steel I E buildings as specified in the attached j files. c All concrete forming, testing, and soil density testing, and weld inspections is the responsibility of the contractor to obtain through and outside engineering and inspection testing company. The contractor is responsible for calling locates prior to any digging for foundations. Page 677 of 973 ......._. Contractor is responsible for repairing j all asphalt disturbed by the construction of these two structures. Contractor is responsible for any paint touch-up of the steel buildings during the construction. ....._.. _ .._.-..a..... _..m.� _�� T ........ . ....... .. . f I.. .w ... .._. _ Page 678 of 973 Utilities Equipment Canopies DUE DATE:July 26,2021 DUE TIME:S:OOpm RFQ NO.028-2511-20/RW TASK.#F-16-2021 VENDORS Business Name:Homrich Corp '.Business Name:Anzco,Inc ..Business Name:I.O.Constructions,Inc. Business Name:RPM General Contractors,Inc. Scope:Utilities Equipment Canopies $237,800.00 $219,000.00 No Bid $186,380.00 COMMENTS: Opened and tabulated by:Kristeena Pinto 7/27/2021 Page 679 of 973 Nrow O�rt tri r + Zr OO 3 m(D H- iO H + W H (n PV F-+ 4' H z + H` + Sd z x N Q (D H- H tri tri H 'u u,ro#I-Hrt W �+0 (D H- H Onmwnroynwit rtyrt�ommn + t7 10 ,o H(DnjFlM y mnMOrrM0F1O'OG(D(DNGFtOrtO + tri y 0 Ft + (Dm H (.0 GJWC0H-(DFlamWF-(D(D0(DZ W O H Nw HG O W3rtrtG 0•rt0 10 'O rt + rt(D y + n m orMrrn z on n3 O'FinwFiFinw00H-nw�;Ft� :d H + mw Lo(-I + 00(DwrtF19) OGGGGOrtww p r+ H 0 y 'rbnN G n (n0 xt7 n0rt0rtGl-CrtmWGrtO0trn ro n H z0ow0 0 0 3HmrtFt rtOrt• mH- wrroq F3 0t)0" 3 o Oyrto(D010 Ft P. nGtr Ft0MOH•O H y z tYrtHaH- 3 0 U .4(DFSmH-Fsww 911--wMO�wF1H,R7 O H A)Fi 1 (D Lei (n (D • m G n (D r G rt N n a Z O W mwortm z w NH- rt rt H-am artrtH-y + z +C (Dort]• y (n mW m Gm 0 (D rt G 0 0 0 a o�n o En � y 0 tr Ft as Ft G G hh F'h Ft W Q H G Ft tr Ft P. W (D O H-(D h•h m H + t=1 G OKH•m o + nrH•(D (D(DWH- FLOHFI Hao z rhmrrr-10 a ymrh tyHm acgm Ga9(D n"m + W H rh` H-G K + ci H= 'd H- (D H-m m�3 Ft y + y r (D• O + ,h7 Z H-O VO G Ft (D rt H-G• rt o�Dl i OHm rt t=i(7)GG "CGW(D F(0'GW (D"5t-' + "G y(D (n` W to m m H-(D m- (D O r + H n tri G'n Mcl, I m H- rt H-H-0 G " Hj G pri H t I W• 4(D rt R,y + rro+=i tr O�tr O O W n(D rt G(D— + r 3 H-` G �dH + OgaH' (DNh0 00(D traaN + H H a H-m rt r 0 G(D (D m w 0 rt m G w(D— y z 7Uld(D 0' 3;d hn M H- G rt H-rt H-rt" + �C o145Hm n (nHH-M OrhOtr aFt0H- H+H-wy + HK)(D(D (no + Go GOZH w00 a0H-z + 3 M O n o t=i z 'd QW Ft m Fi G(D H-n m W H-G O � d zrtrtm zm y rt a G rt ` G m(n NO (DG tiiy Mrtw Fi FtwrW ro h m0H- rt i H n ul• n a(D x1 + tri 0 0'0 G(D rr O 'ti F(m w m w(D M z F' w K H r (D l< WO H-Ft (D G G(D tri H GSW z + co rtw0 0rrrta 0aH' + + O(Drt 010 H-H-Gn rt0t3' m �O00 z ro Ow OFtmw H- mmH-m OO H-aH tri Pd G H- 0 H-• H 00 O m G`C (DOm 10 O LO G H Gtr H- ammo H m Ft 0 0 + rtrt OW H- rt H (D rtrtn] y rn H W n rh G rtwnwmy i H-rhh W tri r-rr w W (D H. a H-r9 n + m 0 0 H (n 00 rt r m G (D rh H m y + (n xi(n ro Ft 9 y (n rt G 0'r r rr G H- q q tri y C3 H n H-0 (D O H-rt m (D b �u O O Os m n G 0' H- a N M 0 (n y C) z n G + (D w W K rt t7 + tri OC� G rr O "C H- W z m H o 'LS rt (D G G rt y (n Fi + 13u Pd z z + F' C H tri tri Oo 1 ,o t3l r ro b x y + w + 0 d y y F-I trl o + 7, 0 H y-J rn C) + y W Mro H C] H + + H W rd y DC7 W ro o y --M H O z xi Z + o ,C 1310 O PO M O H� 'Ti M PC q r L]Cb Z H nN0 0 + q d 3 � tj W rt ;tl (o + OS 0 H Ft H ro (n r 3 y U tri o H r C z 3 o m y i G] H o W 3 H yO 0 �' z a uwi 0 o 0 ��1 W N rz r 00 i to H -4 P y r H Ft r C) r r O z z m OS OO y t1i m m W Lo w d H w OO + n 0 0 o nH y y 0 o tai O x a o o (n z M t=i 0 0 o y0 (n m + i H + z + n , , d , rsi + r H , + c d W H H O F4 Ou Oo a, t7 ry w w7� ro F3 F3 0 0 0 i y M tri , + y W N H + + H H Page 680 of 973 2021-F-16-2021 Utilities Equipment Canopies(124 E Woolbright Road,Boynton Beach FL,FL 33435) RFQ NO. 028-2511-20/RW PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES-BID FORM ITEM DESCRIPTION QTY UNIT Grand Total Supply all labor,material,tools,equipment,hardware,supplies,manpower,and supervision per the following scope,(Job Site to picked up and clean for the duration of the project).Perform all work in a professional and courteous manner.Protect any city property for the duration of the project.Contractor is responsible for maintaining a safe and secure work area.ALL PRODUCTSPECS SHALL 13E SUBMITTED FOR, JAPPROVAL. DUMPSTER:Contractor is responsible for all fees,delivery and pick-up. THE AREA WILL BE OPERATIONAL DURING CONSTRUCTION.Keep work area safe during construction. CONTRACTOR SHALL ADHERE TO ALL CITY OF BOYNTON BEACH CONSTRUCTION TIMES AND NOISE ORDINANCES. The City will pay for and submit any permit paperwork.The contractor will be responsible for"Change of Contractor"paperwork and once received will be responsible for ordering and passing all inspections. 1 LS $186,380 SCOPE OF WORK Contractor to install(2)two premanufactured steel buildings from Federal Steel Systems,7505 East Harvard Avenur,Denver CO 80231.Contact Ben Eagle at Office:720-475-1354 Ext 319,FAX:303-632-6478,' Cell:720-355-3219.Ben.Eagle@federalsteelsystems.com. Contractor to form foundations and install(2)two premanufactured steel buildings as specified in the attached files. All concrete forming,testing,and soil density testing,and weld inspections is the responsibility of the contractor to obtain through and outside engineering and inspection testing company. The contractor is responsible for calling locates prior to any digging for foundations. Contractor is responsible for repairing all asphalt disturbed by the construction of these two structures. Contractor is responsible for any paint touch-up of the steel buildings during construction. Project schedule 30 Total Days I-Lead time for material*Lead time its about 4-5 months for steel structure fabrication days 2 III days 3****current steel structure pricing is only good through July 30,2021 days 4, days, 5 days' 6 days' 7 days. 8 days: 9 days 10 days'' ONE HUNDRED EIGHTY SIX THOUSAND THREE HUNDRED EIGHTY Grand Total Bid Price(in words) DOLLARS AND NO CENTS Name of Firm Submitting Bid Proposal RPM General Contractors,Inc. Name of Person Submitting Bid Proposal Robert P.McTeague,Jr. R.&,-t P.x,r-t-;J, (SIGNATURE) Date: 7/26/2021 Page 681 of 973 o �ti I �t gill N �N � ry 7 Ami ! 8 � 1f � N E E � gmI E M Q w {p h e0 W N H M M w N rmtl w N N N N N m a h v w m w w m tf wcc to a w M Nw QN N N M N N M �Q h N N E N d � Z G Q S ® F Q a 1 ® F d y a w V �E z z v ® W oa g Q ® E W $ ® S a vv e�g{ n : a a. Z w Q LL ® G U Z PwAL v ED I❑ .j-�-N _....._� �o �w w e� 6e� m ® M I� I� ..t� ..iP �P f� `^ i ry �w �ea + _. _.. eC ( n _ _�� . 1 Page 82 -f 973 2021-F-16-2022 Utilities Equipment Canopies(124 E Woolbright Road,Boynton Beach FL,Fl.33435) RFQ NO. 029-2511-20/RW PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES-BID FORM ITEM DESCRIPTION QTY UNIT Grand Total ] Supply all labor,material,tools,equipment,hardware,supplies,manpower,and supervision per the following scope,(Job Site to picked up and clean for the duration of the project).Perform all work in a professional and courteous manner.Protect any city property for the duration of the project.Contractor is responsible for maintaining a safe and secure work area.ALL PRODUCrSPECS SHALL BE SUBMITTED FOR APPROVAL. DUMPSTER:Contractor is responsible for all fees,delivery and pick-up. THE AREA WILL BE OPERATIONAL DURING CONSTRUCTION.Keep work area safe during construction. CONTRACTOR SHALL ADHERE TO ALL CITY OF BOYNTON BEACH CONSTRUCTION TIMES AND NOISE ORDINANCES. The City will pay for and submit any permit paperwork.The contractor will be responsible for"Change of Contractor"paperwork and once received will be responsible for ordering and passing all inspections. SCOPE OF WORK I LS Contractor to install(2)two premanufactured steel buildings from Federal Steel Systems,7505 East Harvard Avenur,Denver CO 80231.Contact Ben Eagle at Office:720-475-1354 Ext 319,FAX:303-632-6478, Ce11:720-355,3219.Ben.Eagle@federalsteelsystems.com. Contractor to form foundations and install(2)two premanufactured steel buildings as specified in the attached files. All concrete forming,testing,and soil density testing,and weld inspections is the responsibility of the contractor to obtain through and outside engineering and inspection testing company. The contractor is responsible for calling locates prior to any digging for foundations. Contractor is responsible for repairing all asphalt disturbed by the construction of these two structures. Contractor is responsible for any paint touch-up of the steel buildings during construction. Project schedule Total Days tea4,tIM0 for material A443"7%J S 7713 d a-ys 2 b4l;fs gale 7410 days days 4 daVs S days 6 days days 9 days 0 day's 10 #ays, Grand Total Bid Price(in words) -7Z- A4..,o c4o me" 7*" 'D9"-"j AWO 011/to a— Name of Firm Submitting Bid Proposal Anew =4�L Name of Person Submitting Bid Proposal URE) Date: Page 683 of 973 2021-F-16-2021 1.4lllPies Equi€ate€tI Canopies(124 E Vi'malbright Road,Boynten Beach Fig 11,33435) 11.1 l N0, 028-2 511-211f1"M PRE-QUALIFICATION 1.,IFICA'1"111 OFCONTRACYORS FOR MLNO11 x'12? S`t`RUC I IO F36WR 11-8.. 131€)I,ORM 7177,7 D 3"111tce ION k1 ls'tapph all labor,a ih,,ri al 1saa4talus tne,ar?,hard+saa:c,saapphc%,r t sagresc r, ar al sup 'as a per rtes 1c>8lowing sr,ape (Jerre�etc u)frac,§ d up sand lc.aa fear t8ts, sal'Jar c ruic project).:Perform all vvcol est a pr to ,ia Baal and cou.,dcazss s a.W ne,.Prulcc.t=aa,cats pro wrt,"fret the duration off the 1,rra5:ce-Contractor tv r slarsasalbre Por maaza t airtatrp, onf: uses secure work ava t ad als3ir�?`E'1i £c t is actrsr€ raeajacar€alrtc tlnr sa91 fk€.;,,efic l:ta.s,easel laicF:-acts. --��.,. .»'' t ttt tt a t as a rtt"• t a s a fta w € "ltlllINIG CON 3 d 32�C7C 11LcP1 �c gs vr€rt �a sett during rt ec,este°Sc#a:r,c t Cl=I RAC"°[t R c 1 t C[t ADII'[--,R fts Al.€ C f l 4'd.lP 13e.3Y`i°T'teat BrAC'11 C{.),,1,3TI?l C TON°strep,:;,SNI) IN RMSE t 7TSl'c f. _ (a illo C ate .€S'pa srrr tind rubmitaky peraaata palmmyoik, tate a ta€atr ae,essr aeill ac ga ltrrt alote isgr,,changc or {'on actor"pap roofic,and once r,s«ceased will ho re sta;-satsalrlc f€cr ordegind wid p esssti 0 hispeclu3nas. I wj� ,Coniacttr to arrattll(2)two lrvm anuhr eared mccl buildings rt,x=ta FcdcW Mel Systema 1505 Fa,l trues srd „sr ar l oin,,a(,',o 802S t Cara aci get,r arpl"..at()tl"sce 720-475-1351 wait 319,s AX, 303-633.647&C,.#3:72s8 355 13a 2119 Ben swat 1e ca fc 6car a(tea 1 y,eR as.cccr:. €ontractrr tv Rv,,c foundations and irs,saall(2)two premanufactured steel buildings as,sjxcificd cat tim attached files r llv aacret i r t€ate Ca.l"r t, rs l soil d ets'st €z 0aa eased weld.brave tint r is t1re etofa€t,atssltt5 of the s.e.;tafict oT to 1'to flab through and miLsidc asst tr abate ind irssps c teem tv dng conlpasas. S 1 a.t,aatciaaa ter as r"slxmsiblc sctr Caning,lea.ata+pder to ntas digging 6jr fiau adatioras, a.;""nwaclor as:evlrarnsilrle for rep airfilg W!asphalt dirunbcd fl,,the con,,trWiarst orthese area Met.chtre', i sC',.ntm-,l sr is rc,asm€asi1c16,fear anegrans„„louch-:'u ofthe steel bufldinas dtsrinta conyucuon. ane lcc se ladecfa a I 5 ._ _... j ratl laaeacl ra:ax4sa at . rs ... Grand total Bid Pace tm raordsl ' t t az t} Vo e � S (STC�Nr"l`1L}3I 1 a Page 684 of 973 The City of Boynton Beach Finance/Procurement Services 100 East Ocean Avenue Boynton Beach,Florida 33435 Telephone No:(561)742-6310 FAX.(561)742-6316 July 27, 2021 RPM General Contractors, Inc. VIA E-MAIL: i to n-,c.c of q prat ,c rtz RE: Task Order No. F-16-2021 —Utilities Equipment Canopies Good Afternoon, Your firm has been awarded the task order for'IF-16-2021 —Utilities Equipment Canopies" The Project Managers for this Task Order are Gail Mootz, Project Supervisor, Telephone: (561) 742-6223 and e-mail: :tt r p-1 , Kevin Ramsey, Senior Project Manager, Telephone: (561) 742-6986 and e-mail: ramsevrcIbbfl.us and Carl Frumenti, Project Manager, Telephone: (561) 742-6238 and a-mail: ti tt «� tl -Lis. And Howard Kerr, Utilities Administration, Telephone(561) 742-6497 and email eTr ,`�t bbfI.us. We would like to thank you for responding to this Task Order and we look forward to working with you on this project. Sincerely, /teisteewa pita Kristeena Pinto Purchasing Manager Enclosure: Tabulation Sheet America's Gateway to the Gulf Stream Page 685 of 973 Czecholinski, From: Johnson, Tremainm Sent: Wednesday,August 11'2U21714AM To: [zechm|inski' MichmUm Cc: Mingo, Brandon; Ramsey, Kevin FW: Steel Buildings East Water Plant Attachments: Award Letter- RPM General Contractors, |nc..dmc;Tabulation Sheetpdf Good Morning Michelle, Can you please initiate a requisition for the attached award letter as soon as possible?The account number is 403-5000- 535-65-04 SVVRl02 Thanks Trenlaine ]ohnson h8anaBer, Field 0peraflomm BoyntonBeach U1i|i6es City of ffioynton Beach �24E� VVooVbr{�h� Rd� | BoyntonBeach, Florida 38435 / . � 58l-7A3-6476 ED John�onTr@ http://wwvv,boymtmn-beach,org/ ' America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Mingo, Brandon Sent:Wednesday,August 11, 2O217:1DAM To:Johnson,Trenoaine<]ohnsonTr@bbfl.us> Subject: Fwd: Steel Buildings East Water Plant Get Outlook for Android 1 Page 686 Of 973 Brandon Mingo Crew Supervisor Senior Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd. I Boynton Beach, Florida 33435 561-742-6433 MingoB@bbfl.ust http://www.boynton-beach.org/ Arnerica's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Ramsey, Kevin<Rar seyIg > Sent:Thursday,July 29, 20219:05:24 AM To: Mingo, Brandon<Mi: oB la,f rvu:> Cc: Pinto, Kristeena<Pir tri t Iff w >; Mootz,Gail<F ootz �i,f us>; Mack,Andrew< rks#, �a fl. s> Subject:Steel Buildings East Water Plant Brandon, Attached is the award letter to RPM and the bid tabulation sheets. Finance will need your project number and an account#to generate a Purchase Order. Kevin Kevin Ramsey Senior Project Manager Public Works, Engineering Flailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 100 E Ocean Ave I Boynton Beach, Florida 33435 561-742-6936 , i RamseyK@bbfl.us Iboynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 2 Page 687 of 973 CITY OF BOYNTON BEACH 000+" i Date: 19-Aug-21 Requesting Department: Utilities Contact Person: Howard Kerr Explanation for Purchase: The City of Boynton Beach Utilities will need these Canopies to Generators from the elements and the sun. The selected vendor for task# F-16-2021-Utilities Canopies is RPM Contractors, Inc., RFQ No. 028-2511-20/RW based of Bid 018-2511-18/IT. Recommended Vendor RPM General Contractors Dollar Amount of Purchase $186,380.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: Bid 018-2511-18/IT NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Account#403-5000-533-65-02 Project# SWR102 Approvals: Department Head Date 9//11)711 Purchasing Agent Date Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 688 of 973 REQUEST FOR REQUISITION H.T.E.ENTRY DATE: 08/11/2021 H.T.E.REQUISITION# 79414 _. - - Administrative Associate- M. Czecholinski Michelle Czecholinski ... ......... . ........... -- Procurement Asst: Interim Utilities Director- Carisse LeJuene City Manager(non budgeted ca ital and/or$5000+): REASON FOR PURCHASE: Utilities/Field Operations will need these Utilities Canopies to protect the Generators from the elements and the sun. The selected vendor for task#F-16-2021-Utilities Equipment Canopies is RPM General Contractors, Inc., RFQ No. 028-2511- 20/RW based off of Bid 018-2511-18/IT„ VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: RPM General Contractors, Inc. Admin. (x) Date: 08/11/2021 ASAP (X ) Address: 690 NE 26th Ct. Engineering ( ) Date Needed: 08/25/2021 Confirm. ( ) Boynton Beach, FL 33435 Cust. Rel. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): Kristen McTeague Water Qual. ( ) Quotes/Verbal O E.Admin. 40 ( ) (over$500)._ _ Email: kristen@rpmgc.com Pumping O Quotes/Written O E. WTP 41 (X ) (over $2000) Vendor Number: 18418 -- —PW Treat. ----- O Bid Docs. (x) W.WTP 42 __ ..... Meter Serv. ( ) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR: -Tremaine Johnson- Field Sewage O Insurance ( ) Special Instructions: Operations Manager Requirements: _. APPROVED ` V Strmwtr. O Project Number: SWR102 __ .. . __ _ Quan. Unit Price Description & Part Number Fund Dept Basic Elem Ob-I Amount 1 LS $186,380.00 Contractor to install (2)two pre- 403 5000 535 65 04 $186,380.00 manufactured steel buildings from Federal Steel Systems. Contractor to form foundations and install (2)two pre-manufactured steel I E buildings as specified in the attached j files. c All concrete forming, testing, and soil density testing, and weld inspections is the responsibility of the contractor to obtain through and outside engineering and inspection testing company. The contractor is responsible for calling locates prior to any digging for foundations. Page 689 of 973 ......._. Contractor is responsible for repairing j all asphalt disturbed by the construction of these two structures. Contractor is responsible for any paint touch-up of the steel buildings during the construction. ....._.. _ .._.-..a..... _..m.� _�� T ........ . ....... .. . f I.. .w ... .._. _ Page 690 of 973 Utilities Equipment Canopies DUE DATE:July 26,2021 DUE TIME:S:OOpm RFQ NO.028-2511-20/RW TASK.#F-16-2021 VENDORS Business Name:Homrich Corp '.Business Name:Anzco,Inc ..Business Name:I.O.Constructions,Inc. Business Name:RPM General Contractors,Inc. Scope:Utilities Equipment Canopies $237,800.00 $219,000.00 No Bid $186,380.00 COMMENTS: Opened and tabulated by:Kristeena Pinto 7/27/2021 Page 691 of 973 Nrow O�rt tri r + Zr OO 3 m(D H- iO H + W H (n PV F-+ 4' H z + H` + Sd z x N Q (D H- H tri tri H 'u u,ro#I-Hrt W �+0 (D H- H 0nmwnroynwit rtyrt�ommn + t7 10 ,o H(DnjFlM y mnMOrrM0F1O'OG(D(DNGFtOrtO + tri y 0 Ft + (Dm H (.0 GJWC0H-(DFlamWF-(D(D0(DZ W O H Nw HG O W3rtrtG 0•rt0 10 'O rt + rt(D y + n m orMrrn z on n3 O'FinwFiFinw00H-nw�;Ft� :d H + mw Lo(-I + 00(DwrtF19) OGGGGOrtww p r+ H 0 y 'rbnN G n (n0 xt7 n0rt0rtGl-CrtmWGrtO0trn ro n H z0ow0 0 0 3HmrtFt rtOrt• mH- wrroq F3 0t)0" 3 o Oyrto(D010 Ft P. nGtr Ft0MOH•O H y z tYrtHaH- 3 0 U .4(DFSmH-Fsww 911--wMO�wF1H,R7 O H A)Fi 1 (D Lei (n (D • m G n (D r G rt N n a Z O W mwortm z w NH- rt rt H-am artrtH-y + z +C (Dort]• y (n mW m Gm 0 (D rt G 0 0 0 a o�n o En � y 0 tr Ft as Ft G G hh F'h Ft W Q H G Ft tr Ft P. 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DUMPSTER:Contractor is responsible for all fees,delivery and pick-up. THE AREA WILL BE OPERATIONAL DURING CONSTRUCTION.Keep work area safe during construction. CONTRACTOR SHALL ADHERE TO ALL CITY OF BOYNTON BEACH CONSTRUCTION TIMES AND NOISE ORDINANCES. The City will pay for and submit any permit paperwork.The contractor will be responsible for"Change of Contractor"paperwork and once received will be responsible for ordering and passing all inspections. 1 LS $186,380 SCOPE OF WORK Contractor to install(2)two premanufactured steel buildings from Federal Steel Systems,7505 East Harvard Avenur,Denver CO 80231.Contact Ben Eagle at Office:720-475-1354 Ext 319,FAX:303-632-6478,' Cell:720-355-3219.Ben.Eagle@federalsteelsystems.com. Contractor to form foundations and install(2)two premanufactured steel buildings as specified in the attached files. All concrete forming,testing,and soil density testing,and weld inspections is the responsibility of the contractor to obtain through and outside engineering and inspection testing company. The contractor is responsible for calling locates prior to any digging for foundations. Contractor is responsible for repairing all asphalt disturbed by the construction of these two structures. Contractor is responsible for any paint touch-up of the steel buildings during construction. Project schedule 30 Total Days I-Lead time for material*Lead time its about 4-5 months for steel structure fabrication days 2 III days 3****current steel structure pricing is only good through July 30,2021 days 4, days, 5 days' 6 days' 7 days. 8 days: 9 days 10 days'' ONE HUNDRED EIGHTY SIX THOUSAND THREE HUNDRED EIGHTY Grand Total Bid Price(in words) DOLLARS AND NO CENTS Name of Firm Submitting Bid Proposal RPM General Contractors,Inc. Name of Person Submitting Bid Proposal Robert P.McTeague,Jr. R.&,-t P.x,r-t-;J, (SIGNATURE) Date: 7/26/2021 Page 693 of 973 o �ti I �t gill N �N � ry 7 Ami ! 8 � 1f � N E E � gmI E M Q w {p h e0 W N H M M w N rmtl w N N N N N m a h v w m w w m tf wcc to a w M Nw QN N N M N N M �Q h N N E N d � Z G Q S ® F Q a 1 ® F d y a w V �E z z v ® W oa g Q ® E W $ ® S a vv e�g{ n : a a. Z w Q LL ® G U Z PwAL v ED I❑ .j-�-N _....._� �o �w w e� 6e� m ® M I� I� ..t� ..iP �P f� `^ i ry �w �ea + _. _.. eC ( n _ _�� . 1 Page 94 -f 973 2021-F-16-2022 Utilities Equipment Canopies(124 E Woolbright Road,Boynton Beach FL,Fl.33435) RFQ NO. 029-2511-20/RW PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES-BID FORM ITEM DESCRIPTION QTY UNIT Grand Total ] Supply all labor,material,tools,equipment,hardware,supplies,manpower,and supervision per the following scope,(Job Site to picked up and clean for the duration of the project).Perform all work in a professional and courteous manner.Protect any city property for the duration of the project.Contractor is responsible for maintaining a safe and secure work area.ALL PRODUCrSPECS SHALL BE SUBMITTED FOR APPROVAL. DUMPSTER:Contractor is responsible for all fees,delivery and pick-up. THE AREA WILL BE OPERATIONAL DURING CONSTRUCTION.Keep work area safe during construction. CONTRACTOR SHALL ADHERE TO ALL CITY OF BOYNTON BEACH CONSTRUCTION TIMES AND NOISE ORDINANCES. The City will pay for and submit any permit paperwork.The contractor will be responsible for"Change of Contractor"paperwork and once received will be responsible for ordering and passing all inspections. SCOPE OF WORK I LS Contractor to install(2)two premanufactured steel buildings from Federal Steel Systems,7505 East Harvard Avenur,Denver CO 80231.Contact Ben Eagle at Office:720-475-1354 Ext 319,FAX:303-632-6478, Ce11:720-355,3219.Ben.Eagle@federalsteelsystems.com. Contractor to form foundations and install(2)two premanufactured steel buildings as specified in the attached files. All concrete forming,testing,and soil density testing,and weld inspections is the responsibility of the contractor to obtain through and outside engineering and inspection testing company. The contractor is responsible for calling locates prior to any digging for foundations. Contractor is responsible for repairing all asphalt disturbed by the construction of these two structures. Contractor is responsible for any paint touch-up of the steel buildings during construction. Project schedule Total Days tea4,tIM0 for material A443"7%J S 7713 d a-ys 2 b4l;fs gale 7410 days days 4 daVs S days 6 days days 9 days 0 day's 10 #ays, Grand Total Bid Price(in words) -7Z- A4..,o c4o me" 7*" 'D9"-"j AWO 011/to a— Name of Firm Submitting Bid Proposal Anew =4�L Name of Person Submitting Bid Proposal URE) Date: Page 695 of 973 2021-F-16-2021 1.4lllPies Equi€ate€tI Canopies(124 E Vi'malbright Road,Boynten Beach Fig 11,33435) 11.1 l N0, 028-2 511-211f1"M PRE-QUALIFICATION 1.,IFICA'1"111 OFCONTRACYORS FOR MLNO11 x'12? S`t`RUC I IO F36WR 11-8.. 131€)I,ORM 7177,7 D 3"111tce ION k1 ls'tapph all labor,a ih,,ri al 1saa4talus tne,ar?,hard+saa:c,saapphc%,r t sagresc r, ar al sup 'as a per rtes 1c>8lowing sr,ape (Jerre�etc u)frac,§ d up sand lc.aa fear t8ts, sal'Jar c ruic project).:Perform all vvcol est a pr to ,ia Baal and cou.,dcazss s a.W ne,.Prulcc.t=aa,cats pro wrt,"fret the duration off the 1,rra5:ce-Contractor tv r slarsasalbre Por maaza t airtatrp, onf: uses secure work ava t ad als3ir�?`E'1i £c t is actrsr€ raeajacar€alrtc tlnr sa91 fk€.;,,efic l:ta.s,easel laicF:-acts. --��.,. .»'' t ttt tt a t as a rtt"• t a s a fta w € "ltlllINIG CON 3 d 32�C7C 11LcP1 �c gs vr€rt �a sett during rt ec,este°Sc#a:r,c t Cl=I RAC"°[t R c 1 t C[t ADII'[--,R fts Al.€ C f l 4'd.lP 13e.3Y`i°T'teat BrAC'11 C{.),,1,3TI?l C TON°strep,:;,SNI) IN RMSE t 7TSl'c f. _ (a illo C ate .€S'pa srrr tind rubmitaky peraaata palmmyoik, tate a ta€atr ae,essr aeill ac ga ltrrt alote isgr,,changc or {'on actor"pap roofic,and once r,s«ceased will ho re sta;-satsalrlc f€cr ordegind wid p esssti 0 hispeclu3nas. I wj� ,Coniacttr to arrattll(2)two lrvm anuhr eared mccl buildings rt,x=ta FcdcW Mel Systema 1505 Fa,l trues srd „sr ar l oin,,a(,',o 802S t Cara aci get,r arpl"..at()tl"sce 720-475-1351 wait 319,s AX, 303-633.647&C,.#3:72s8 355 13a 2119 Ben swat 1e ca fc 6car a(tea 1 y,eR as.cccr:. €ontractrr tv Rv,,c foundations and irs,saall(2)two premanufactured steel buildings as,sjxcificd cat tim attached files r llv aacret i r t€ate Ca.l"r t, rs l soil d ets'st €z 0aa eased weld.brave tint r is t1re etofa€t,atssltt5 of the s.e.;tafict oT to 1'to flab through and miLsidc asst tr abate ind irssps c teem tv dng conlpasas. S 1 a.t,aatciaaa ter as r"slxmsiblc sctr Caning,lea.ata+pder to ntas digging 6jr fiau adatioras, a.;""nwaclor as:evlrarnsilrle for rep airfilg W!asphalt dirunbcd fl,,the con,,trWiarst orthese area Met.chtre', i sC',.ntm-,l sr is rc,asm€asi1c16,fear anegrans„„louch-:'u ofthe steel bufldinas dtsrinta conyucuon. ane lcc se ladecfa a I 5 ._ _... j ratl laaeacl ra:ax4sa at . rs ... Grand total Bid Pace tm raordsl ' t t az t} Vo e � S (STC�Nr"l`1L}3I 1 a Page 696 of 973 The City of Boynton Beach Finance/Procurement Services 100 East Ocean Avenue Boynton Beach,Florida 33435 Telephone No:(561)742-6310 FAX.(561)742-6316 July 27, 2021 RPM General Contractors, Inc. VIA E-MAIL: i to n-,c.c of q prat ,c rtz RE: Task Order No. F-16-2021 —Utilities Equipment Canopies Good Afternoon, Your firm has been awarded the task order for'IF-16-2021 —Utilities Equipment Canopies" The Project Managers for this Task Order are Gail Mootz, Project Supervisor, Telephone: (561) 742-6223 and e-mail: :tt r p-1 , Kevin Ramsey, Senior Project Manager, Telephone: (561) 742-6986 and e-mail: ramsevrcIbbfl.us and Carl Frumenti, Project Manager, Telephone: (561) 742-6238 and a-mail: ti tt «� tl -Lis. And Howard Kerr, Utilities Administration, Telephone(561) 742-6497 and email eTr ,`�t bbfI.us. We would like to thank you for responding to this Task Order and we look forward to working with you on this project. Sincerely, /teisteewa pita Kristeena Pinto Purchasing Manager Enclosure: Tabulation Sheet America's Gateway to the Gulf Stream Page 697 of 973 Czecholinski, From: Johnson, Tremainm Sent: Wednesday,August 11'2U21714AM To: [zechm|inski' MichmUm Cc: Mingo, Brandon; Ramsey, Kevin FW: Steel Buildings East Water Plant Attachments: Award Letter- RPM General Contractors, |nc..dmc;Tabulation Sheetpdf Good Morning Michelle, Can you please initiate a requisition for the attached award letter as soon as possible?The account number is 403-5000- 535-65-04 SVVRl02 Thanks Trenlaine ]ohnson h8anaBer, Field 0peraflomm BoyntonBeach U1i|i6es City of ffioynton Beach �24E� VVooVbr{�h� Rd� | BoyntonBeach, Florida 38435 / . � 58l-7A3-6476 ED John�onTr@ http://wwvv,boymtmn-beach,org/ ' America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Mingo, Brandon Sent:Wednesday,August 11, 2O217:1DAM To:Johnson,Trenoaine<]ohnsonTr@bbfl.us> Subject: Fwd: Steel Buildings East Water Plant Get Outlook for Android 1 Page 698 Of 973 Brandon Mingo Crew Supervisor Senior Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd. I Boynton Beach, Florida 33435 561-742-6433 MingoB@bbfl.ust http://www.boynton-beach.org/ Arnerica's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Ramsey, Kevin<Rar seyIg > Sent:Thursday,July 29, 20219:05:24 AM To: Mingo, Brandon<Mi: oB la,f rvu:> Cc: Pinto, Kristeena<Pir tri t Iff w >; Mootz,Gail<F ootz �i,f us>; Mack,Andrew< rks#, �a fl. s> Subject:Steel Buildings East Water Plant Brandon, Attached is the award letter to RPM and the bid tabulation sheets. Finance will need your project number and an account#to generate a Purchase Order. Kevin Kevin Ramsey Senior Project Manager Public Works, Engineering Flailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 100 E Ocean Ave I Boynton Beach, Florida 33435 561-742-6936 , i RamseyK@bbfl.us Iboynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 2 Page 699 of 973 7.C. Consent Bids and Purchases Over $100,000 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in the written report for September 8, 2021 - "Request for Extensions and/or Piggybacks Over $100,000." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). DESCR IPTION OF 9 VENDORS * LI ITATI S cITATIO hI Id tlN BER hlES AJ.T AMOUNT iw�wne&zon,g iaan sr<aple��„ I,L.andiseaping SerNrke�s w sESUrn dl AAhuat Exp hdilurd % Uill sties,including,lift Sopteftiba&2021:- k Wkw Marlin1rsv"4mer+Ue Inc. Did No,M X82R.'b R dba Cava Lanvisea !, rar�s asara{�e ca�r8ss and epcem 9.2022w ,ermftt plant sihes MAW , p� E ars ewnEstiffised Anfla i E. .hurt kSv.4mnu4t7 a kAaniu Se s"7b 2011 1 Sageas Netwwo0k,.Int- a REFRY Mo..03 4411i1,�if#S> a mamagmw STOWIR with Sept*m 14,24$2 I SllaQr How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 700 of 973 Grant Amount: Attachments: Type Description D Attachment Bid Extensions and Piggy-Backs over $100,000 D Attachment Renewal Interest Letter - Vincent& Sons Landscaping ® 2021-2022 D Attachment Renewal Interest Letter ® Cayce Landscaping - 2021-2022 D Attachment Renewal Interest Letter ® Sages Nehivork, Inc.. - 2021-2022 Page 701 of 973 is CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 SEPTEMBER 7, 2021 REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Angela Prymas TERM: September 6, 2021 to September 5, 2022 SOURCE FOR PURCHASE: Bid No. 034-2821-18/IT ACCOUNT NUMBER: 401-2824-536.46-98;401-2816-536.46-98 and 401-2811-536.46-98 VENDOR(S): VINCENT& SONS LANDSCAPING; BLUE MARLIN INVESTMENTS, INC dba CAYCO LANDSCAPING ANNUAL ESTIMATED EXPENDITURE: $260,000 • Water Treatment— $100,000 per year, account: 401-2811-536.46-98 • Lift Stations —$100,000 per year, account: 401-2816-536.46-98 • Stormwater—$60,000 per year, account: 401-2824-536.46-98 DESCRIPTION: At the Commission meeting of September 6, 2018, City Commission awarded the bid for Landscape Maintenance Services for Utility Sites to Cayco Landscaping and Vincent and Sons Landscaping. This bid was for an initial term of two (2) years, September 6, 2018 to September 5, 2020 with the option for three (3) one- year additional renewals. The Utilities Department has been very satisfied with the performance of the two landscape companies and requests to extend the bid term for its 2nd one-year renewal with the same terms, conditions and pricing. Renewal term September 5, 2021 — September 6, 2022. REQUESTING DEPARTMENT: Development DEPARTMENT CONTACT: Adam Temple TERM: September 15, 2021 to September 14, 2022 SOURCE FOR PURCHASE: RFP No. 034-2410-19/EM ACCOUNT NUMBER: 130-2411-524.46-91 VENDOR(S): SAGE NETWORKS, INC. ANNUAL ESTIMATED EXPENDITURE: $110,000 DESCRIPTION: At the Commission meeting of September 15, 2020, City Commission awarded the RFP for Electronic Plan Submittal and Markup Management System with Mobile Inspection Software to enhance efficiencies and streamline the permitting processes. The contract initial term was for one (1) year, September 15, 2020 to September 14, 2021 with the option for four (4) one-year renewals exercised separately. The Development Department entered into a contract with Sages Network, Inc. to implement the software in Phases over a period of five (5) years. Therefore, Development requests to extend the bid term for its 1st one-year renewal with the same terms, conditions and pricing. Renewal term September 15, 2021 —September 14, 2022. The City of Boynton Beach FinanceJProcurement Services 100 E Ocean Avenue Boynton Beach,FL 33435 P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 August 4, 2021 BID: LANDSCAPING MAINTENANCE SERVICES FOR UTILITY SITES(WATER TREATMENT PLANT SITES,WATER STORAGE TANK&WELL SITES) BID No,: 034-2821-18/IT Agreement between the City of Boynton Beach and VINCENT AND SONS LANDSCAPING,INC. AGREEMENT RENEWAL TERM: SEPTEMBER 6, 2021—SEPTEMBER 5, 2022 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) VINCENT AND SONS LANDSCAPING, INC. NAME OF COMPANY SIGNATURE David Vincent President NAME OF REPRESENTATIVE TITLE (please print) August 9, 2021 561-888-1340 or 877-809-1714 DATE (AREA CODE)TELEPHONE NUMBER VincentdavidO-vandslandsacpinq com E-MAIL Page 703 of 973 The City of Boynton Beach Firialcelp.rawremearserwre.s 100 E. Qrecr.17 Avenue igoy aton Beach, F�,334,35 P.. '. &X319 Bain tray 4ac1,a-7aa 3342 - 2 Tefeplwe Nn-,,(551J 742-52310 August 4@ 2Q:;1 Blue Marli-n troves rets.„ ire. t a o. Landscaping I:t David Gonzalez, President Pompano 80arh, Florid.33 VIA EMAIL Tf ! SISI At,Tom ta„ LANDSCAPING MAINTENANCE 'RV10EFS FOR UTIL "Y SITES (WATER, TR TMF;N T PLANTS SITS&WATER STORAGE TANK AND YWELLSITES) BID No—� No.0 4-2821-Mff CJI_. EFT BID TER. ® PT ®:E. $, 20— `fP7`9 BERS, , f` Deer Mr. r e n The, current bidterm term ' C� o PE MAJI ANGESERVICE-5- FOR. UTILITY I �E ' e�x it SeMmber 6, d}21. The ag;reomA r,t documents allow for three(3)addstionall one(1)y&ar oxter iors.The oil of Baynton Beach have,been wiry happy with Cayco Landscapingser0cces andwould lik-e to extend the a0ree . nt EeDr Hs.2116 renewal for art additmnal oneyew periW, with the same berms, wncfltIons,, and pming. Pllem,sa rridicate your response,or th flpwjng page and return it to, Prqcurement, Setivicas vi em il~ to at vvur earliest oonverflence. If you, should Itava any quem ; please do not he�,8itate to ocnmct Tarwyn Pruett, CGntnact AdrninislYabrat 561)742-630a. inceret , Iron Frederiksen Direr of Fina.ml ria tp :r '.t Gatmimy to tieGu,�fSt-ream Page 704 of 973 The City of Boynton Beach .100 L OC an Av Soya an 8eac m, YLX,3435 Pw , Box-310 rxoyofor)Beach, Ftofi '33422-[3.x:0 Tefephimp Na-- X42°1531,9 BID, L : XPi AINTE NCE. SERVICES FOR UTILI E Y SrfE TEFF TREATMENT PLANTS SITES&WATER STS •-GE TANK AND WELL, SITES) BID o 034-2821-4:911T r ment between=the C.0 of Boyntoni E a ui and CAYCO L N - Pl!N W AGREEMENT RENEWAL TERM: SEP USER 6, 2021—SEPTEMBER . 2,022 A .I Mgr-00 yew the xis, ng agreement under t o u me t rps, conditions, and pfi6ng for ars aha I i i I or -year term. No, I do riot wish to renew the bid for die,foi,,bwing r a ra(,s P CJa.YCO LANDSCAPING NAME OF ( hQMP NY :$IURAT Ul E:E OF I E .E EWF TIVE TI E (please ME), ;. i E 22: 2 E)ATE (ARE I QDE)TELEPH E f� BEF Lz!!!�� `j to : M C4 Wd E A rrwfirns Gn t.-Lvqy w M c-Gutf 5tmam Page 705 of 973 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach,FL 33435 P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 August 18, 2021 Sages Networks, Inc. Attn: Harish Krishna, President 50 Hurt Plaza SE, Suite 1446 Atlanta, GA 30303 VIA EMAIL TRANSMITTAL TO: hkrishna(cbsagesnetworks.com; payvangarCa2saaesnetworks.com RFP.: ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARE RFP No.: No.034-2410-19IEM CURRENT BID TERM: SEPTEMBER 15, 2021—SEPTEMBER 14, 2022 Dear Mr. Krishna: The current bid term for "ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARE" expires September 14, 2021. The agreement documents allow for four(4)additional one(1)year extensions. The City of Boynton Beach would like to extend the agreement for its 1 st renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to pratttO.bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at(561) 742-6308. Sincerely, %tyhk&iaaG Mara Frederiksen Director of Financial Services tp Page 706 of 973 America's Gateway to the Gulf Stream I Ile Cifti Of Boynton Beach Finance/Procurement Services 100 E Ocean Avenue Boynton Beach,FL 33435 P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 August 18,2021 RFP;ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARE RFP No.:034-2410-191EM Agreement between the City of Boynton Beach and SAGES NETWORKS, INC. AGREEMENT RENEWAL TERM: SEPTEMBER 15, 2021—SEPTEMBER 14, 2022 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) SAGES NETWORKS, INC. l-9/V4 NAMENAME OF COMPANY StINATURE i- . P/�A 1514 tr-tz/5 �A /j fu-73 ID cqv r NAME OF REPRESENTATIVE TITLE (please print) c12- 2. 2-1 DATE (AREA CODE)TELEPHONE NUMBER E-MAIL America's Gateway to the Gulf Stream Page 707 of 973 7.D. Consent Bids and Purchases Over $100,000 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Proposed Resolution No. R21-112- Authorize the City Manager to sign an Agreement utilizing the City of Bradenton, Florida RFQ#18-07 with Nue Urban Concepts LLC. for professional services for the implementation of a Complete Streets Mobility Plan with an estimated expenditure not to exceed $125,125. The City of Bradenton's procurement process satisfies the City's competitive bid requirements. Explanation of Request: Agreement Term—August 3, 2021 to July 19, 2023 The City's Development Department is requesting to utilize the City of Bradenton's Contract, RFQ #18-07, with Nue Urban Concepts LLC. for professional services for the full implementation of a Complete Streets Mobility Plan. This is a task based contract and the scope of work will consist of sixteen (16) tasks and up to 715 hours, including the following deliverables: Mobility Fee Ordinance; Comprehensive Plan Amendment; Land Development Regulation Update; Service Charge Study; Administration Procedures; and Mobility Access / Site Impact Requirements. If approved, the consultant has proposed a schedule that would complete all of the necessary work by March 2022. The City of Bradenton recently approved the first of two, one-year extensions for the initial agreement extending the contract to July 19, 2022. How will this affect city programs or services? These services will provide the necessary updates to the existing regulations and plans as well as the necessary ordinance in order to implement a Complete Streets Mobility Plan. Fiscal Impact: The deliverables, if adopted by the City Commission, will enable the City to begin collecting Mobility Fees in lieu of participation in the County's existing road impact fee structure. Alternatives: None recommended Strategic Plan: High Performing Organization Strategic Plan Application: Subject work specifically advances Priority #3, Project 3.3, Complete Streets Climate Action Application: N/A Is this a grant? Page 708 of 973 Grant Amount: Attachments: Type Description D Resolution Resolution approving Agreement with Nue Urban Concepts for mobility plan D Agreement Attachment#1 ® Piggyback Contract D Attachment Attachment#2 - Fee Proposal Page 709 of 973 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AN AGREEMENT UTILIZING THE 6 CITY OF BRADENTON, FLORIDA RFQ #18-07 WITH NUE 7 URBAN CONCEPTS LLC. FOR PROFESSIONAL SERVICES 8 FOR THE IMPLEMENTATION OF A COMPLETE STREETS 9 MOBILITY PLAN WITH AN ESTIMATED EXPENDITURE OF 10 $125,125.00; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the City's Development Department is requesting to utilize the City 14 of Bradenton's Contract, RFQ 418-07, with Nue Urban Concepts LLC. for professional 15 services for the implementation of a Complete Streets Mobility Plan; and 16 WHEREAS, these services will provide the necessary updates to the existing 17 regulations and plans as well as the necessary ordinance in order to implement a Complete 18 Streets Mobility Plan; and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems 20 it to be in the best interest of the citizens and residents to approve and authorize the City 21 Manager to sign an Agreement utilizing the City of Bradenton, Florida RFQ 418-07 with 22 Nue Urban Concepts LLC. for professional services for the implementation of a Complete 23 Streets Mobility Plan with an estimated expenditure of$125,125.00. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission approves and authorizes the City Manager to 31 sign an Agreement utilizing the City of Bradenton, Florida RFQ 418-07 with Nue Urban S:ACA\RESO\Agreements\Agreement With Nue Urban Concepts For Mobility Plan -Reso.Docx Page 710 of 973 32 Concepts LLC. for professional services for the implementation of a Complete Streets 33 Mobility Plan with an estimated expenditure of$125,125.00, a copy of the Agreement is 34 attached hereto as Exhibit"A". 35 Section 3. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 9th day of September, 2021. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor—Woodrow L. Hay 44 45 Commissioner—Justin Katz 46 47 Commissioner—Christina L. Romelus 48 49 Commissioner—Ty Penserga 50 51 52 VOTE 53 ATTEST: 54 55 56 57 Crystal Gibson, MMC 58 City Clerk 59 60 61 (Corporate Seal) S:ACA\RESO\Agreements\Agreement With Nue Urban Concepts For Mobility Plan -Reso.Docx Page 711 of 973 AGREEMENT FOR PURCHASING PROFESSIONAL SERVICES FOR THE IMPLEAMENTATION OF MOBILITY FEE This Agreement is made as of this day of , 2021 by and between Nue Urban Concepts LLC with a principal address 1201 6th Ave West, Suite 100, Bradenton Fl 34205 and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, in order to maintain Professional Services for the impleamentation of Mobility fee to the public, the City's Finance Department is requesting the City enter into an Agreement Nue Urban Concepts LLC to perform Land Development Regulations update:MobilitX Fee Ordinance and Comprehensive Plan; and WHEREAS, Nue Urban Concepts LLC has agreed to allow the City to piggy-back the City of Bradenton, Florida Agreement pursuant to Contract No. RFQ #18-07 to provide Land Development Regulations update;Mobility Fee Ordinance and Comprehensive Plan in the amount of$125,125 based on Contract No. RFQ#18-07 for a 2year term commencing September 8, 2021; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and Nue Urban Concepts LLC. agree that Nue Urban Concepts LLC shall provide Professional Services for the impleamentation of a Mobility fee in the amount of $125,125 based Land Development Regulations update: Mobility Fee Ordinance and Comprehensive Plan Contract No RFQ#18-07 for a 2year term commencing September 8, 2021, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: A. All references to the City of Bradenton, Florida Contract No. RFQ #18-07 shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: Page 1 S:APlanning\SHARED\WP\SPECPROJ\CompleteStreets&Mobility\Piggyback Agenda Items\PiggybackContract.docx Page 712 of 973 City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS Page 2 S:APlanning\SHARED\WP\SPECPROJ\CompleteStreets&Mobility\Piggyback Agenda Items\Piggyback Contract.docx Page 713 of 973 RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Section 1. In the event that the City of Bradenton, Florida is amended, or terminated, Nue Urban Concepts,LLC shall notify the City within ten(10)days. In the event the City of Bradenton, Florida is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 2. Nue Urban Concepts, LLC agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida Page 3 S:APlanning\SHARED\WP\SPECPROJ\CompleteStreets&Mobility\Piggyback Agenda Items\Piggyback Contract.docx Page 714 of 973 which contains a tern or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 3. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 4. In all other aspects, the terms and conditions of the City of Bradenton, Florida are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Lori LaVerriere, City Manager City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney WITNESSES: Nue Urban Concepts, LLC 4fp+r,"FOvA INy+alA, BY: Print N e: Jonathan B.Paul Title: Principal ATTEST: 4 SECRETARY Page 4 S:U3lanning\SHARED\wP\SPECPROJ\CoiiipleteStreets&Mobility\PiggybackAgendaltems\PiggybackContract.doex Page 715 of 973 EXHIBIT A AGREEMENT BETWEEN CITY OF BRADENTON, FLORIDA AND NUE URBAN CONCEPTS, LLC Page 5 S:APlanning\SHARED\WP\SPECPROJ\CompleteStreets&Mobility\Piggyback Agenda Items\Piggyback Contract.docx Page 716 Of 973 City of Bradenton, Florida bradetn Professional Services Agreement RFQ#18-07 Planning Services This CONTINUING SERVICES CONTRACT (the"Contract"), is made this 19`h day of July 2018,between the CITY OF BRADENTON(hereafter referred to as"CITY"or"CLIENT")a municipal corporation of the State of Florida located at 101 Old Main Street,Bradenton,Florida 34205, and NUE URBAN CONCEPTS, LLC (herein after referred to as"CONSULTANT"), with a principal office located at 1201 Sixth Avenue West, Suite 100, Bradenton,Florida 32405. WHEREAS,the CITY desires to obtain Planning services from CONSULTANT for assigned projects in Bradenton,Florida(herein after referred to as "Continuing Services Projects") and issued RFQ 18-07 pursuant to Section 287.055 of Florida Statutes,to find qualified professionals to fulfill the need for these services; and WHEREAS,the Term of Contract is three(3)years after CITY approves the Contract, and CITY may, at its option, at a regular or special City Council meeting,renew this Contract at the end of the Term for an additional renewal term of up to two(2) one-year extensions; and WHEREAS,the CITY retains CONSULTANT to perform the services described herein on an "as needed"basis, as designated, authorized, and assigned by the CITY, and the CITY agrees to compensate CONSULTANT for such services in accordance with this Contract;and WHEREAS, it is the primary intent of this Contract to ensure that CONSULTANT is available to provide professional services, in accordance with mutually agreed upon conditions, and the CITY has complied with all requirements of the Consultants Competitive Negotiation Act, in selection of CONSULTANT for this Contract; and Page 717 of 973 NOW,THEREFORE,the CITY and CONSULTANT,for and in consideration of the provisions,mutual promises,covenants and conditions hereinafter set forth or recited,agree as follows: 1. Recitals. The recitals in the WHEREAS clauses are incorporated by reference and made a part of this Contract. 2. Request for Qualifications. Request for Qualifications (RFQ) 18-07 and the CONSULTANT's response thereto are incorporated into this Contract by reference. In the event of any conflict between the relevant documents, any such conflict shall be resolved by first looking to this contract, second, looking to the CONSULTANT's response, and third, looking to the RFQ. 3. Scope of Services. 3.1 The CONSULTANT's services consist of those services performed by the CONSULTANT, CONSULTANT's employees, and CONSULTANT's Sub- Consultants as enumerated and described in Exhibit A — Scope of Services in connection with this Continuing Service Contract. 3.2 The CONSULTANT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work.Upon request of the CITY, the CONSULTANT shall submit within 48 hours for the CITY's approval, a proposal for the performance of the CONSULTANT's services. The proposal shall contain a description of scope of proposed service, schedule upon which services will be provided,and all fees for services as described in Article 5. Time limits established by this proposal as approved by the CITY shall not,except for reasonable cause,be exceeded by the CONSULTANT or CITY. 3.3 The CONSULTANT shall use the Project Team as designated from among the individuals listed on Exhibit B, Key Employees. The CONSULTANT shall not remove or replace any members of the Project Team,except upon written notice to and approval by the CITY based upon good cause shown. CITY's approval of such requests for team changes shall not be unreasonably withheld. 3.4 All services rendered by the CONSULTANT shall be conducted under the responsible charge of persons properly licensed and certified in accordance with Florida Statutes and other applicable rules and regulations. Proof of Certification for each individual professional providing service shall be provided by the CONSULTANT to the CITY prior to services being rendered. 3.5 It is understood and agreed that the CONSULTANT's services under this Contract do not include participation,whatsoever, in any litigation except litigation stemming Page 718 of 973 from the CONSULTANT's negligence or breach of this Contract. Should such services be required,a supplemental agreement may be negotiated between the CITY and the CONSULTANT describing the services desired and providing a basis for compensation to the CONSULTANT. 4. Time of Completion. CONSULTANT shall commence Basic Services upon receipt of a written notice signed by the OWNER's Representative. CONSULTANT shall include in its proposal a schedule for the Scope of Work defined by CITY. The schedule will be agreed upon on a project by project basis. CONSULTANT shall complete work in accordance with the schedule, it being understood that time is of the essence in this Contract. CONSULTANT shall accelerate performance of Basic Services and Additional Services in the manner directed by CITY, in the event CITY in its sole discretion, determines that such acceleration is necessary to maintain the Schedule. 5. Fees.The CITY agrees to pay to CONSULTANT for Basic Services,as set forth in Exhibit A, a fee based upon an approved written proposal for each Work Order to be completed under the Contract. 5.1 The method of compensation will be established by the CITY based on the scope of each Work Order from the following options. a. For Work Orders where the scope can be reasonably defined and has a specific schedule,compensation shall be a Lump Sum for each task calculated based on the estimated hours to be worked by the CONSULTANT for each of the tasks or subtasks multiplied by the standard hourly rates as agreed to in Exhibit C. Based on this calculation,a Lump Sum fee for each task will then be agreed to by the CITY and CONSULTANT prior to authorization of the Work Order. The total of the Lump Sum fees for all tasks in a Work Order shall be the total and complete amount payable to the CONSULTANT for performance of the Work Order and shall include the cost of all labor, overhead, profit, direct project expenses and expenses of any nature associated with completion of the Work Order tasks. b. For indeterminate Work Orders, where the scope and/or schedule cannot be reasonably defined,compensation shall be on a"time&materials"basis with a preliminary, "not to exceed" budget agreed to by the CONSULTANT and CITY. Compensation shall be made for actual work performed in accordance with the schedule of rates included as Exhibit C. 5.2 Reimbursable expenses shall include only the actual and necessary costs and expenses reasonably and properly incurred by the CONSULTANT in connection with the services rendered under this Contract. Reimbursable expenses shall include the costs of any subconsultants utilized for the completion of authorized Page 719 of 973 services. The costs and expenses shall be invoiced by the CONSULTANT at their actual cost with no markup allowed. CONSULTANT shall provide any documentation required by the CITY related to said costs and expenses. 5.3 The CONSULTANT shall not exceed the approved Work Order cost without prior written approval from the CITY. Any increases in the actual work tasks or the level of effort for each work task shall be considered additional services for which the CONSULTANT will be entitled to additional compensation, using the methods defined in this Section of the Contract, and as mutually agreed to by the CITY and CONSULTANT. 5.4 The CONSULTANT shall submit invoices for services provided and fees earned on a monthly basis. Such invoicing shall be supported by a Progress Report showing the actual tasks performed and their relationship to the percentage of fee claimed. All progress reports and invoices shall be mailed to the attention of the CITY's Director of Public Works, 1411 91h St. W.,Bradenton,Florida 34205. 5.5 Monthly invoices shall be paid by the CITY in accordance with Florida Statute 218.74. Resolution of improper payment requests or disputes between the CITY and the CONSULTANT will be resolved in accordance with Statute 287.76. 6.0 Ownership of Documents. All drawings,computations,details,design calculations and other documents and plans that result from the CONSULTANT's services under this Contract are to become the property of the CITY. Documents prepared by the CONSULTANT pursuant to this Contract are not intended nor represented to be suitable for reuse by the CITY or others on extensions of a Project or on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from the CONSULTANT shall be at the CITY's sole risk and without liability to the CONSULTANT. Further,any and all liability arising out of changes made to the CONSULTANT's deliverables to the CITY made under this Contract by the CITY or persons other than the CONSULTANT is waived as against the CONSULTANT and the CITY assumes full responsibility for such changes unless the CITY has given the CONSULTANT prior notice and has received form the CONSULTANT written consent for such changes. 7.0 Insurance. The CONSULTANT shall procure and maintain at the CONSULTANT's own expense,for the entire term of this Contract,the following insurance coverage. Within 10 days following the approval of this Contract, the CONSULTANT shall furnish the CITY a certificate or certificates of insurance in a form satisfactory to the CITY showing that CONSULTANT complies with the requirements of this paragraph. All certificates shall specify the policy shall not be cancelled without providing written notice to the CITY at least 30 days prior to any cancellation. The CITY shall be named as an additional insured on each policy as appropriate. Page 720 of 973 7.1 Worker's Compensation—Unless otherwise allowed by Florida law, and approved by the CITY, CONSULTANT shall provide Worker's Compensation for all employees, with minimum limits statutory for Worker's Compensation and $1,000,000 for Employer's Liability. 7.2 Commercial General Liability—the limits are to be applicable only to work performed under this Contract and shall be those that would be provided with the attachment of the Amendment of Limits of Insurance(Designated Project or Premises)endorsement (ISO form CG 25 03) to a Commercial General Liability Policy with the following minimum limits: • Products/Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $500,000 • Each Occurrence $500,000 7.3 Comprehensive Automobile Liability — The CONSULTANT shall provide coverage for Each Occurrence Bodily Injury and Property Damage Liability Combined of not less than $1,000,000. Annual Aggregate (if applicable) Three (3) Times the Each Occurrence Limit. 7.4 Professional Liability Insurance—Professional Liability Insurance(including coverage for the Schedule of Fees and Services to be performed under this Contract), for protection from negligent acts, errors, and omissions of CONSULTANT from or in connection with the performance of CONSULTANT's services.CONSULTANT must maintain a comprehensive liability policy, including errors and omissions coverage, issued to CONSULTANT as the insured. Said policy shall be issued and underwritten by a licensed insurer, authorized as such in the State of Florida. Said policy shall provide coverage for the acts or omissions of CONSULTANT in a minimum amount of$1,000,000.00 per claim. Said comprehensive professional liability policy shall be underwritten by an insurer who,in the most current edition of Best's Key Rating Guide, has(1)a rating classification of "A" or better, and(2) a financial size category rating of Class IV or higher. 7.5 Certificates of Insurance and Copies of Policies—Certificates of Insurance in triplicate evidencing the insurance coverage specified in the above paragraphs shall be filed with the CITY's Purchasing Manager before operations are begun. The required certificates of insurance shall name the types of policy,policy number,date of expiration,amount of coverage,companies affording coverage,and shall refer specifically to the proposal number, project title, and location of project. Insurance shall remain in force for a minimum of one(1)year after completion and acceptance of the project by the CITY, in the amounts and types as stated herein, including coverage for all products and services completed under this Contract. Page 721 of 973 8.0 Protection of Resident Workers. The CITY supports the Federal Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification and non-discrimination. The CONSULTANT is held responsible to establish appropriate procedures and controls so no service under this Contract will be performed by any worker who is not legally eligible to perform such services. The CITY shall have the right to immediately terminate this Contract if the CITY determines that the CONSULTANT has failed to perform satisfactorily with respect to its employment. 9.0 Termination,Suspension,Disputes,or Abandonment. This Contract may be terminated by either party for failure of the other party to substantially perform their obligations under this Contract. The CITY shall have the sole right and option to suspend or terminate this Contract without cause, provided that 30 days' prior notice is given to the CONSULTANT. 9.1 In the event of termination, the CITY shall pay the CONSULTNAT for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses, and the CITY shall have no further obligation to CONSULTANT for payment to CONSULTANT of the remainder of its fees, unless and until Continuing Services Projects are resumed by the CITY. 10.0 Term. The term of this Contract is for a period of three(3)years, commencing on the date of execution of this Contract. The CITY reserves the right, upon written request from the CONSULTANT,to extend this Contract up to two(2)times,with each extension for a period of one (1)year. Such extensions shall be subject to the same terms and conditions, as stated herein. 11.0 Subconsultants. Any proposed subconsultants; the CONSULTANT wishes to utilize as part of its services for any Work Order shall be submitted to the CITY for approval prior to CONSULTANT entering into a subconsultant agreement. Such approval by the CITY shall not be unreasonably withheld. CITY shall not be liable to CONSULTANT in any manner whatsoever arising out of the CITY's objection to a proposed subconsultant. 11.1 CONSULTANT shall coordinate the services and work product of any subconsultants and remain fully responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, specifications, and other services furnished by the CONSULTANT or its subconsultants, and CONSULTANT shall review and approve of any designs, drawings, specifications, shop drawings, submittals, or other services produced or furnished by any subconsultants prior to submittal to the CITY. CONSULTANT shall correct or revise any subconsultant errors or deficiencies in the designs, drawings, specifications or other services produced pursuant to this Contract and shall provide CITY with such corrections or revisions at its sole expense. 11.2 Any subconsultant agreement shall reflect the terms of this Contract and require the subconsultant, to the extent of the services to be performed by the subconsultant, to assume toward CONSULTANT all the obligations which CONSULTANT by this Page 722 of 973 Contract assumes toward the CITY,it being understood that nothing herein shall in any way relieve CONSULTANT from any of its duties under this Contract. 11.3 CONSULTANT shall cooperate at all times with CITY,and cooperate and coordinate with, and incorporate the work product of, any separate consultant, in any fashion appropriate or necessary to facilitate the design and construction of Continuing Services Projects within the project's budget and schedule. In the event CITY so elects and upon written mutual consent(which consent shall not be unreasonably withheld), as evidenced by a Work Order under this Contract, CONSULTANT shall accept any assignment of any agreement or contract CITY may have with any separate consultant. IN WITNESS WHEREOF,the parties hereto accepted,made,and executed this Agreement upon the terms and conditions above stated,this 190'day of July,2018. CONSULTANT CITY NUE Urban Concepts,LLC City of Bradenton 1201 Sixth Avenue West,Suite 100 1411 9'h Street West Bradenton,FL 34205 Bradenton,F Joida 342 By: 6 Jo than B. Paul,AICP v c 0�A Wayne Poston Principal,NUE Urban Concepts, Mayor,City of Bradenton 41 Witness for CONSULTANT: C®RInr, Witness or CITY: (7) y: Z y: CkA AQ B 6ro0mqn%ns-orvie Sharon Beauchamp City Clerk/Treasurer Appr ed a orm: By:;�M Xli,�l William Lisch Attachments City Attorney Exhibit A--Scope of Services Exhibit B—Key Personnel Exhibit C- Standard Hourly Rate Schedule Page 723 of 973 EXHIBIT A SCOPE OF SERVICES Page 724 of 973 TYPICAL SCOPES OF SERVICES The scope of the professional services to be provided under this Contract will vary based on the specific needs of the CITY that arise over the duration of the Contract. It is anticipated that the CONSULTANT will be available to provide such services,as required, to all CITY departments including Public Works&Utilities,Planning& Community Development and City Clerk and Treasurer. The CONSULTANT will take assignments on a project-by-project basis pursuant to the terms of this Contract. It is stipulated herein that the CONSULTANT is not guaranteed work assignments under the Contract. Any assignments issued under this Contract shall be in accordance with the stipulations for continuing services contracts outlined in Chapter 287.055 of the Florida Statutes, also known as the"Consultant's Competitive Negotiation Act",or CCNA. The general scope of work to be provided to accomplish the CITY's objective includes a broad range of professional planning services related to miscellaneous projects as may be designated by the CITY. The types of assignments that may be required during the duration of this Contract include but are not necessarily limited to the following general planning services: • Land Development Code(land use regulations) update(zoning and subdivision regulations) • Affordable housing policy/strategies • Comprehensive planning policy/data and analysis • Design Guidelines • Multimodal transportation policies/mobility fee study and implementation • Historic Preservation Documentation (structures,sites,or districts),Ordinance Update Page 725 of 973 EXHIBIT B KEY PERSONNEL Page 726 of 973 NUE URBAN CONCEPTS PERSONNEL Jonathan B.Paul,AICP Principal NUE Urban Concepts,LLC jbpaul@nueurbanconcepts.com Page 727 of 973 EXHIBIT C STANDARD HOURLY RATES SCHEDULE Page 728 of 973 NUE URBAN CONCEPTS RATES SCHEDULE Principal/Planner $175 per hour Page 729 of 973 UEU -1 CERTIFICATEI FDATE(MMIDD/YWY) 47/17/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER 352-338-0552 COIrNAMEacr Eileen Beckley Darr Schackow Insurance Agency PHONE 352-338-0552 FAC 352-376-5741 5200-B Newbeg Road A/C,No,Eat; alc,N® Gainesville,FL 32607 E-MAIL ec er arrsc ac ow'nsurance.co John Darr IV INSURERS AFFORDING COVERAGE MAIC# INSURER A:Lloyds of London INSURED Nue Urban Concepts LLC INSURER B:Owners Insurance Company 32700 2579 SW 87th Drive Gainesville,FL 32608 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL UBR NDD-mmpOLICV NUMBER POLICY EFF POLICY EXPLTR 80M) fMMIDD[ffYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE $ CLAIMS-MADE I OCCUR y PSG02461063 01/01/2018 01/01/2019 DAMAGETOR�QCr�ED $ 250,000 . .... MED EXP(Any one arson $ 5,000 ......._.... PERSONAL 8 ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 X POLICY..........1 YeLPT LOC PRODUCTS-COMPtt)PAGG S 1,000,000 OTHER: B AUTOMOBILE LIABILITY COlaccl d.DISINGLE LIMIT S 1,000,000 X ANY AUTO 51-177-847-00 04/25/2018 10/25/2018 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS ONLY PPeoscadantDAMAGE $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE S DED I I RETENTION$ WORKERS COMPENSATION I PER OTH• AND EMPLOYERS'LIABILITY YIN A UTE ER ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N I A (Mantlatory to NH) E L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E DISEASE-POLICY LIMIT $ A Professional PSG02461053 01/01/2018 01/01/2019 Ea.Occ. 1,000,000 Liability Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION CITYBRA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bradenton ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing Department 1300 6th Street West AUTHORIZED REPRESENTATIVE Bradenton,FL 34205 ACORD 25(2016/03) d 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 730 of 973 Farm W-9 Request for Taxpayer Give Form to the (Rev.December 2014) requester.Do not Department of the Treasury Identification Number and Certification send to the IRS. Internal Revenue Service 1 Name(as shown an your income tax return).Name Is required on this line;do not leave this line blank. Jonathan B.Paul 2 Business name/disregarded entity name,If different from above calm NUE Urban Concepts,LLC M 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to certain entities,not individuals:see 0 R1 individuaysole proprietor or El C Corporation El S Corporation El Partnership E]Trust/estate Instructions on page 3): single-member ULC Exempt payee code(if any) WO ❑Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)11- 0 Exemption from FATCA reporting 2 Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for the tax classification of the single-member owner. code(if any) ILOther(see instructions)► OMfin t.--t-1W-d.0.1d.th.U S,f 9 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) Ck 2579 SW 87th Drive U) 6 City,state,and ZIP code u) Gainesville,FL 32600 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other - - entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. or Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. Certification FN 3 1 6 1 a 1 7 F[5FL Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. 1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sigh_� Signature of Here U.S.person 11- Date ll� -7111116 General Instructionv -Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at wwwJrs.gov1Av9. Use Form W-9 only If you are a U.S.person(including a resident alien),to Purpose of For provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What Is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer Identification number(ATIN),or employer 1.Certify that the TIN you are giving Is correct(or you are wafting for a number identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns Include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or •Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding If you are a U.S.exempt payee.If •Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the •Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(If any)Indicating that you are brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on •Form 1099-S(proceeds from real estate transactions) page 2 for further information. •Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9(Rev.12-2014) Page 731 of 973 VWme JEFF ATWATER CHIEF FINANICAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS'COMPENSATION **CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS'COMPENSATION LAW NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law. EFFECTIVE DATE: 4/26/2017 EXPIRATION DATE: 4/26/2019 PERSON: PAUL JONATHAN B FEIN: 453687255 BUSINESS NAME AND ADDRESS: NUE URBAN CONCEPTS, LLC 2579 SW 87TH DRIVE , GAINESVILLE FL 32608 SCOPE OF BUSINESS ORT : Architectural or Engineering Architectural or Engineering Firm4ncluding Salespersons& Firm-Clerical Drivers IMPORTANT:Pursuant to Chapter 440.05(14),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter.Pursuant to Chapter 440.05(12),F.S.,Certificates of election to be exempt...apply only within the scope of the business or trade listed on the notice of election to be exempt.Pursuant to Chapter 440.05(13),F.S.,Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The departrnent shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 QUESTIONS?(850)413-1609 Page 732 of 973 NOTE: Anyone wishing to view supporting documents for agenda items, please contact Tamara Melton, Deputy Clerk: 941-932-9463 or Cityclerk@cityofbradenton.com. City of Bradenton, Florida .„ City Council Agenda Memorandum Agenda Item: Agenda Date: Nue Urban Concepts February 24, 2021 Planning Services Extension Originated by: Carl Callahan on behalf of Proclamation New Business Planning & Community Development im Presentation Business by Appt. Authorized by: • Consent CRA Business Carl Callahan Business/Advertising/Hearings Unfinished Business This item is Quasi-Judicial ❑ This item requires a public hearing Explanation: Nue Urban Concepts is currently under contract to provide planning services that include Land Development Code, Mobility Plan and Mobility Fees, as well as the proposed Micromobility Ordinance. The current contract is set to expire July 18, 2021. The projects are in various stages of completion, with the Mobility Plan and the Micromobility ordinance ready to go to a Council workshop and then on to final approval. This contract extension is requested in order to allow the new Planning Director to be intimately involved in the finalization of the Land Development Code. This process could extend beyond the term of the current contract. In an abundance of caution the recommendation is to exercise the first of two 1-year extensions provided for in the original RFQ 18-07. Financial Impact: Fees as currently budgeted and contracted. Attorney Review/Recommendation: n/a Requested action to be taken by Council: Approve the one-year extension of the contract with Nue Urban Concepts Recommended Motion: Same. Attachments: Planning Services Extension from Nue Urban Concepts/Jonathan Paul, AICP Page 733 of 9 3 �. 1281 G"Avenue West, Suite 188 Bradenton, FF 34285 NUE URBAN CONCEPTS nueurbanconcepts9gmail.com www.nueurbanconcepts.com LAND USE • MOBILITY• PARKING • FEES 3521G3-BG14(c) 833-NUH484(o) February 161h, 2021 Mr. Marshall McCrary Planning&Zoning Manager City of Bradenton 101 Old Main Street Bradenton, FL 32405 RE: CITY OF BRADENTON PROFESSIONAL SERVICES AGREEMENT RFQ#18-07 PLANNING SERVICES EXTENSION Dear Mr. McCrary: NUE Urban Concepts has been a consultant providing planning services to the City consistent with the Scope of Services established in RFQ #18-07. The contract was entered into on July 191h, 2018 for a three (3) year term set to expire on July 181h, 2021. NUE Urban Concepts has submitted a draft update to the Unified Land Development Code,a Mobility Plan and Mobility Fee, and a Micromobility Ordinance. The Covid-19 Pandemic has resulted in unique and unforeseen delays in the review of submitted documents and in holding timely workshops. As operating parameters for Covid-19 have taken hold,work products are flowing and being finalized for public workshop and hearings. However, with hearing and reviews still impacted, it is possible that ongoing efforts could extend further. In addition, NUE Urban Concepts is submitting a Scope of Services for issuance of an RFP for a Micromobility Provider.The City will also require a conversion of its road impact fee ordinance to a mobility fee ordinance and updates to the Comprehensive Plan to implement the Mobility Plan and Mobility Fee. The City may also wish to consider updates to its Park and Law Enforcement Impact Fees to ensure they are consistent with statutory requirements to reflect the most recent and localized data. With the potential for possible delays due to the Covid-19 Pandemic and to provide adequate time to finalize the current task and any additional services the City may require,per Section 10 of the existing contract between the City and NUE Urban Concepts, a formal request is required to extend the contract for another year until July 19th, 2022. NUE Urban Concepts formally request that the City consider exercising one of its two (2) one-year extensions under RFQ 18-07 and extend the current contract to July 19th, 2022 to ensure all existing services and any future services can be provided to the City without delay. Sincerely, 6�- 141 Jonathan B. Paul,AICP Principal Page 734 of 973 City of Bradenton,Florida art bradettnton Me r,i,9"(6)C "') Professional Services Agreement RFQ#18-07 Planning Services This Exercise of First Option to Renew,effective as of February 23rd,2021,to the Continuing Services Contract for Planning Services, dated July 19s', 2018, between THE CITY OF BRADENTON(hereafter referred to as"CITY"or CLIENT')a municipal corporation of the State of Florida located at 101 Old Main Street,Bradenton,Florida,34205,and NUE URBAN CONCEPTS, LLC (herein after referred to as "CONSULTANT") with a principal office located at 1201 Sixth Avenue West, Suite 100,Bradenton,Florida, 32405. This is the first of two(2) one-year extensions provided for in the initial Agreement and shall extend the Agreement for Planning Services ONE(1)additional year effective July 19`h, 2021, through July 19`h,2022.All other terms of the Agreement remain in full force and effect. CONSULTANT O� B R q b CITY NUE Urban Concepts, LLC � "� "R7r L City of Bradenton R 1201 Sixth Avenue West, Suite 1201 U O 1411 9m Street West 0 Bradenton,FL 33713 Bradenton,Florida 34205 ��dRiD�- B . B . VAnsithan R. Paid, ATCP rt'�'1i 'Y'a1t�ilian HCl 6" Principal,NUE Urban Concepts, LLC Cit)-Manager,City of Bradenton VA&y,Oe, Witness for CONSULTANT: Witnes, for CITY: By: I*vWrrvi I&r►1ds B W aml po^l Re yol ds Sharon Beauchamp Approved as o City Clerk/Treasurer B Scott E.Rudacille City Attorney Page 735 of 973 City of Bradenton Request for Qualifications (RFQ) To Provide Miscellaneous Professional Services REQ No. 18-07JM 5�"^'�N�UF{s':Y'$kefi\tp4� ` �AY3A\ 1`itM�kn �F a d e n o March 2018 Page 736 of 973 TABLE OF CONTENTS Title Page Request for Qualifications 3 Section A - Information to Proposers 5 Section B - Legal Terms and Conditions 7 Section C - Negotiation of Agreement 10 Section D - Form of Submittal/Evaluation and Selection Process 11 Drug Free Workplace Certification 14 Submittal Signature Form 15 Public Entity Crimes Statement 16 Typical Scopes of Services 18 2 1 P a g e Page 737 of 973 City of Bradenton Department of Public Works and Utilities REQUEST FOR QUALIFICATIONS Miscellaneous Professional Services RFQ No. 18-07JM March 2018 The City of Bradenton Department of Public Works and Utilities,in conformance with the Consultant's Competitive Negotiation Act(CCNA),Florida Statutes Section 287.055,et seq.,and the policies and procedures of the City of Bradenton,is soliciting Statements of Qualifications(SOQ)from professional firms qualified to provide design and consulting services in the following areas: • Architectural Services • FDOT-qualified(LAP Certified)Construction Engineering and Inspection • Drainage/Stormwater Services • Environmental Testing Services • Facilities Engineering Services,to include: o Mechanical,Electrical and Plumbing(MEP)Engineering o Structural Engineering • Geotechnical Engineering Services • Hydrogeological Services • Land Surveying Services • Landscape Architectural Services • Marine/Coastal Engineering • Planning • Transportation/Traffic Engineering The City intends to enter into contracts for continuing services in each service area listed above,with the respondent(s)who submit qualifications judged by the City to be most advantageous to the City. The City anticipates awarding up to three(3)contracts in each service area to the respondent(s)chosen,but reserves the right to award in any fashion it decides,in its sole determination,is in the best interest of the City. All contracts awarded under this RFQ shall be"continuing contracts"as defined in Florida Statutes 287.055(2)(g)and shall be subject to the limitations and restrictions described therein.All contracts shall be awarded for an initial period of three(3) years,with a potential for up to two(2) 1-year extensions. A committee of City staff members will evaluate respondent's submittals against evaluation criteria. If deemed necessary,a short list of firms may be invited to make presentations for final evaluation. To facilitate effective evaluation by the committee,responses shall be limited to no more than 50 pages. Forms required by this RFQ, Appendix documentation,sectional dividers,and front and back covers will not be counted toward the page total. Qualified firms or individuals desiring to provide professional services to the City of Bradenton in one or more of these areas of specialty should submit one(1)original and three(3)copies of their SOQ in a sealed opaque envelope or box,and reference RFQ No.18-07JM and the words"STATEMENT OF QUALIFICATIONS"must be clearly indicated on the outside of the envelope or box. SOQs must be physically received by the City prior to 2:00 p.m. (prevailing local time)on April 19,2018 at the exact address below. No submittals will be accepted after the time and date set for receipt. City of Bradenton Department of Public Works&Utilities 1411 9111 St.West Bradenton,FL 34205 Attention: Jim McLellan,P.E.,Director Public Works&Utilities 3 1 P a g Page 738 of 973 SOQs submitted via facsimile or e-mail WILL NOT BE ACCEPTED. The City,through written inquiries directed to Jim McLellan,will receive questions regarding this RFQ. The deadline for receipt of written questions is 5:00 p.m.,April 06,2018. All expenses for preparing and submitting responses are the sole responsibility of the submitting party and the City is not obligated to any parry to reimburse such expenses. The City retains the right to accept and/or reject any or all SOQs and to waive technicalities,irregularities,and informalities,and retains the right to cancel or conclude this procurement at any time without selecting a firm to provide the solicited services,without any liability to any respondents,or any other person or entity,and is under no obligation to make an award relating to this RFQ to any person or entity. The City has prepared an RFQ package that details the SOQ submittal requirements and the selection criteria that will be employed. Copies of the RFQ package can be obtained by contacting the City via telephone at 941-708- 6300,or via email to jim.mclellank),ciiyofbradenton.com. 41 Page Page 739 of 973 SECTION A - INFORMATION TO PROPOSERS A.01 GENERAL INFORMATION The City of Bradenton,located in Manatee County Florida is soliciting Statements of Qualifications(SOQ)from professional firms qualified to provide design and consulting services in the following areas under continuing services contracts conforming to the stipulations outlined with Chapter 287.055 of the Florida Statutes,also known as the"Consultant's Competitive Negotiation Act",or CCNA: • Architectural Services • FDOT-qualified(LAP Ceritified)Construction Engineering and Inspection,FDOT-qualified • Drainage/Stormwater Services • Environmental Testing Services • Facilities Engineering Services,to include: o Mechanical,Electrical and Plumbing(MEP)Engineering o Structural Engineering • Geotechnical Engineering Services • Hydrogeological Services • Land Surveying Services • Landscape Architectural Services • Marine/Coastal Engineering • Planning • Transportation/Traffic Engineering The City intends to enter into contracts for continuing services in each service area listed above,with the respondent(s)who submit qualifications judged by the City to be most advantageous to the City. The City anticipates awarding up to three(3)contracts in each service area to the respondent(s)chosen,but reserves the right to award in any fashion it decides,in its sole determination,is in the best interest of the City. All contracts awarded under this RFQ shall be"continuing contracts"as defined in Florida Statutes 287.055(2)(g)and shall be subject to the limitations and restrictions described therein.All contracts shall be awarded for an initial period of three(3) years,with a potential for up to two(2) 1-year extensions. The selected individuals or firms should be able to demonstrate exceptional experience in dealing with municipal public projects,preferably projects within the City of Bradenton with secondary preference for projects within Manatee County,including but not limited to all aspects of miscellaneous professional services in the designated area of expertise. The scope of the professional services under each of these services will vary based on the specific needs of the City that arise over the duration of the contract. It is anticipated that the selected consultant(s)in each service area will be available to provide such services,as required,to all City departments including Public Works&Utilities, Planning&Community Development and City Clerk and Treasurer. The selected firm(s)will take assignments on a project-by-project basis pursuant to the terms of a written agreement with the City. The City intends for each continuing services agreement to stipulate that no firm is guaranteed work assignments under the contract. Work assignments will be negotiated with the firm deemed by the City to be most qualified from the list of available firms to perform the specific task associated with each work order. Individual work orders will be negotiated as City's needs arise. A.02 SUBMISSION REQUIREMENTS Proposers must comply with the following requirements to be considered for selection under this RFQ: a. SUBMISSION DEADLINE 5 1 P a g Page 740 of 973 All submittals in response to this RFQ must be submitted by 2:00 pm(prevailing time),April 19,2018 to the delivery addressed noted herein. One signed original and three(3)copies of a firm's SOQ shall be submitted in a sealed opaque envelope or box,and reference RFQ No.18-07JM and the words "STATEMENT OF QUALIFICATIONS" must be clearly indicated on the outside of the envelope or box. It shall be the sole responsibility of the proposer to have their submittal delivered to the City of Bradenton for receipt on or before the submission deadline. If a submittal is sent by U.S.Mail,the proposer shall be solely responsible for its timely delivery to the City. Proposals delayed by mail or by freight companies will not be considered. SOQs received after the submission deadline will not be opened. Electronic submittals via facsimile or via email will not be accepted or considered. b. SUBMISSION DELIVERY ADDRESS All submittals in response to this RFQ shall be delivered to the following address: City of Bradenton Department of Public Works&Utilities 1411 91h St.West Bradenton,FL 34205 Attention: Jim McLellan,P.E.,Director Public Works&Utilities c. CLARIFICATION&ADDENDA The City,through written inquiries directed to Jim McLellan,will receive questions regarding this RFQ. The deadline for receipt of written questions is 5:00 p.m.,April 06,2018.If any addenda are issued to this RFQ,the City will notify all prospective proposers who have obtained copies of the RFQ via email. However,it shall be the responsibility of each proposer,prior to submitting their SOQ,to contact the City Engineering Division at 941-708-6300 to determine if addenda were issued and to make such addenda a part of the submittal. d. LEGAL NAME SOQs shall clearly indicate the legal name,address and telephone number of the proposer(company,firm, partnership,or individual). SOQs shall be signed above the typed or printed name and title of the signer. e. SOQ EXPENSES All expenses associated with the preparation and submittal of any SOQ in response to this RFQ are the sole responsibility of the proposer. f. DISCLOSURE Upon receipt,submissions become"Public Records"and shall be subject to public disclosure consistent with Chapter 119,Florida Statutes. Solicitation submissions become subject to disclosure thirty(30)days after the opening or if a notice of intent to award decision is made earlier than this time as provided by Florida Statutes § 119.071 (1 )(b).No announcement or review of the submissions shall be conducted at the public solicitation opening.Based on the above,the City will receive submissions at the time and date stated and will make public at the opening the names of the business entities of all that submitted a response and any amount(if applicable and required)presented as a total offer without any verification of the mathematics or the completeness of the response. If the City rejects all submissions and concurrently notices its intent to reissue the solicitation,the rejected submissions are exempt from public disclosure until such time as the City provides notice of an intended decision concerning the reissued solicitation or until the City withdraws the reissued solicitation.A solicitation is not exempt for longer than twelve(12)months after the initial notice rejecting all submissions. 6 1 P a g Page 741 of 973 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY OF BRADENTON CUSTODIAN OF PUBLIC RECORDS AT: Phone: (941)932-9400 Email: cityclerk@cityofbradenton.com Mailing Address: 101 Old Main Street — Bradenton, FL 34205 Pursuant to Florida Statutes 119.0701,to the extent CONTRACTOR is performing services on behalf of the CITY, contractor must: a. Keep and maintain public records required by public agency to perform the service. b. Upon request from the public agency's custodian of public records,provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes,Chapter 119,or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d. Upon completion of the contract,transfer,at no cost,to the public agency all public records in possession of contractor or keep and maintain public records required by the public agency to perform the service.If the contractor transfers all public records to the public agency upon completion of the contract,the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the contractor keeps and maintains public records upon completion of the contract,the contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the public agency,upon request from public agency's custodian of public records,in a format that is compatible with the information technology systems of the public agency. SECTION B: LEGAL TERMS AND CONDITIONS B.01 RESERVED RIGHTS The City reserves the right to accept or reject any/and or all submittals,to waive irregularities and technicalities,and to request resubmission. Any sole response received by the first submission date may or may not be rejected by the City,depending on available competition and timely needs of the City. The City reserves the right to award the contract to a responsible proposer submitting a responsive SOQ,with a resulting negotiated agreement which is most advantageous and in the best interests of the City. The City shall be the sole judge of the RFQ,and the resulting negotiated agreement that is in its best interests and its decision shall be final. Also,the City reserves the right to make such investigation as it deems necessary to determine the ability of any proposer to perform the anticipated services under this contract. Information the City deems necessary to make this determination shall be provided by the proposer. 7 1 P a g Page 742 of 973 B.02 APPLICABLE LAWS The proposer must be authorized to transact business in the State of Florida. All applicable laws and regulations of the State of Florida and ordinances and regulations of the city of Bradenton will apply to any resulting agreement. Any involvement with any City of Bradenton procurement shall be in accordance with City of Bradenton Purchasing Code Ordinance 2-237 as amended. Any actual or prospective proposer who is aggrieved in connection with the solicitation or award of a contract may protest to the city of Bradenton as required in Section 2-237 of the Procurement code. A protest with respect to this RFQ shall be submitted in writing prior to the scheduled opening date of this RFQ,unless the aggrieved person did not know and could not have been reasonably expected to have knowledge of the facts giving rise to such protest prior to the scheduled opening date of this RFQ. Any protest shall be submitted within five calendar days after such aggrieved person knows or could have been reasonably expected to know the facts given rise thereto. B.03 CODE OF ETHICS With respect to this RFQ,if any proposer violates or is a parry to a violation of the Code of Ethics,in the State of Florida per Florida Statutes,chapter 112,Part III,Code of Ethics for Public Officers and Employees, such proposer may be disqualified from performing work resulting from this RFQ or from furnishing the goods and services for which the RFQ is submitted and shall be further disqualified from submitting any future proposals for work or for goods and services for the City of Bradenton. B.04 COLLUSION By offering a submission to this RFQ the proposer certifies the proposer has not divulged to,discussed or compared his response with any other proposers and has not colluded with any other proposer or parties to this RFQ whatsoever. Also,the proposer certifies,and in the case of a joint proposal,each party thereto certifies,as to their own organization that in connection with this RFQ: • Any price and/or data submitted have been arrived at independently,without consultation,communication or agreement,for the purpose of restricting competition as to any matter relating to such prices and/or cost data,with any other proposer or with any competitor; • Any price and/or cost data quoted for this RFQ have not been knowingly disclosed by the proposer prior to the scheduled opening directly or indirectly to any other proposer or any competitor; • No attempt has been made or will be made by the proposer to induce any other person,or firm to submit or not to submit a proposal for the purpose of restricting competition; • The only person or persons interested in this proposal as principals is/are named therein and that no person other than therein mentioned has any interest in this RFQ or in the contract potentially to be entered into; and • No person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission,percentage,brokerage,or contingent fee,except bona fide employees or established commercial agencies maintained by the propose of doing business. B.05 AMERICANS WITH DISABILITIES ACT The City of Bradenton,Florida does not discriminate upon the basis of any individual's disability status. This non- discrimination policy involves every aspect of the City's functions including one's access to,participation, employment or treatment in its programs or activities. Anyone requiring reasonable accommodation for the public meetings specified herein(i.e.Information Conference or Proposal Opening),should contact the person named on the first page of this document at least 24-hours in advance of the activity. 8 1 P a g Page 743 of 973 B.06 EQUAL OPPORTUNITY CLAUSE The City of Bradenton,Florida,in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat.252)and the regulations of the Department of Commerce(15 CFR Part 8)issued pursuant to such Act,hereby notifies that it will affirmatively ensure all vendors that in any contract entered into pursuant to this RFQ,minority business enterprises will be afforded full opportunity to submit quotes in response to this invitation and will not be discriminated against on the grounds of race color or national origin in consideration of an award. B.07 PUBLIC ENTITY CRIMES In accordance with Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two (as of 7/1/89 is $25,000)for a period of 36 months from the date of being placed on the convicted vendor list. B.08 LOBBYING After the issuance of any Request for Qualifications,prospective bidders,proposers or any agent,representative or person acting at the request of such bidder or proposer shall not contact, communicate with or discuss any matter relating in any way to the Request for Proposals with any officer, agent or employee of the City of Bradenton other than the Purchasing Manager or as directed in the Request for Proposal. This prohibition begins with the issuance of any Request for Proposals, and ends upon execution of the final agreement or when the invitation or request has been canceled. B.09 INSURANCE The Consultant will not commence work under a contract until they have obtained all insurance under this section and such insurance coverage as might be required by the City. The Consultant shall obtain, at their expense, the following minimum amounts of insurance(inclusive of any amounts provided by an umbrella or excess policy): a. Workers'Compensation/Employers'Liability: Part One - There shall be no maximum limit (other than as limited by the applicable statute) for liability imposed by Florida Worker's Compensation Act or any other coverage required by the contract documents which are customarily insured under Part One of the standard Worker's Compensation Policy. Part Two - The minimum amount of coverage for the coverage required by the contract documents which are customarily insured under Part Two of the standard Workers'Compensation Policy shall be: $1.000.000 (Each Accident) $1.000.000 (Disease-Policy Limit) $500.000 (Disease-Each Employee) b. Commercial General Liability: The limits are to be applicable only to work performed under this contract and shall be those that would be provided with the attachment of the Amendment of Limits of Insurance (Designated Project or Premises) endorsement(ISO Form CG 25 03)to a Commercial General Liability Policy with the following minimum limits. 9 1 P a g Page 744 of 973 Products/Completed Operations Aggregate $1.000.000 Personal and Advertising Injury $500.000 Each Occurrence $500.000 Fire Damage(any one fire) $Nil Medical Expense(any one person) $Nil c. Business Auto Policy: Each Occurrence Bodily Injury and Property Damage Liability Combined; $1.000.000. Annual Aggregate (If Applicable)Three Times the Each Occurrence Limit. d. Professional Liability Insurance: Professional liability insurance for protection from negligent acts, errors, and omissions of Consultant from or in connection with the performance of Consultant's services. Consultant must maintain a comprehensive liability policy, including errors and omissions coverage, issued to Consultant as the insured. Said policy shall be issued and underwritten by a licensed insurer, licensed as such in the State of Florida. Said policy shall provide coverage for the acts or omissions of Consultant in a minimum amount of$1,000,000 per claim. Said comprehensive professional liability policy shall be underwritten by an insurer who, in the most current edition of Best's Key Rating guide has (1) a rating classification of"A" or better, and (2) a financial size category rating of Class IV or higher. e. Certificates of Insurance and Copies of Policies: Certificates of Insurance in triplicate evidencing the insurance coverage specified in the above paragraphs shall be filed with the Purchasing Manager before operations are begun. The required certificates of insurance shall name the types of policy,policy number,date of expiration,amount of coverage,companies affording coverage, and also shall refer specifically to the proposal number, project title and location of project. Insurance shall remain in force at least one year after completion and acceptance of the project by the City, in the amounts and types as stated herein, including coverage for all products and services completed under this contract. SECTION C: NEGOTIATION OF THE AGREEMENT C.01 GENERAL: The following general terms and conditions apply to the SOQs submitted for consideration and the subsequent negotiations: a. The SOQ will serve as a basis for selection of the consultant(s). b. Upon submission, all SOQs become the property of the City which has the right to use any or all ideas presented in any proposal submitted in response to this Request for Qualifications whether or not the SOQ is accepted. c. All products and papers produced in the course of this solicitation become the property of the City upon termination or completion of the solicitation. C.02 AGREEMENT The selected consultant in each service area shall be required to negotiate a formal continuing services agreement,in a form acceptable to the City of Bradenton. 101 P a g Page 745 of 973 The Selection Committee will make the determination as to the most qualified submitter for consideration of award and execution. City staff shall determine if award of the agreement is to be: considered; rejected and direct further negotiations;rejected and terminate negotiations;or accepted. SECTION D: FORM OF SUBMITTAL EVALUATION AND SELECTION PROCESS This section identifies the specific information which must be included with each response to this RFQ,and the format required for the submittals. D.01 MINIMUM QUALIFICATIONS Interested firms must be experienced in providing consulting services in the service areas of the nature described herein. While the use of sub-consultants may ultimately be required for completion of a specific assignment,it is the City's intent to select a consultant in each service area based solely on the qualifications of the lead consultant. To that end, SOQ submittals should contain no sub-consultants. Any information submitted related to sub- consultants will not be considered. To be considered for selection in any or all of the service areas,the firm or individual must be a licensed professional in accordance with Florida State law and be familiar with all applicable federal, State of Florida, Manatee County,and City of Bradenton codes,regulations,and laws. Please provide a copy of all applicable licenses held by firms or individuals proposed to perform work. D.02 SUBMITTAL FORMAT/EVALUATION CRITERIA To facilitate effective evaluation by the committee, SOQs shall be limited to no more than 50 pages(front and back of each sheet shall constitute 2 pages). Forms required by this RFQ,Appendix documentation,sectional dividers, and front and back covers will not be counted toward the page total. a. SOO Package: All SOQs submitted must be organized and presented in the following format. • Cover Letter clearly indicating service area(s)for which submitter wishes to be considered (2 page limit) • Qualifications and Experience of respondent in providing professional services in the applicable service area. • Experience of proposed contract manager and team in providing professional services in the applicable service area to municipal clients under continuing services contracts • Respondent's approach to providing requested services under continuing services contract • Respondent's project experience with or in the City of Bradenton and Manatee County • Documentation of respondent's past performance in complying with project budgets and schedules • Location of respondent's proposed office of record for performance of project assignments • Minimum of five(5)Client References with contact names,telephone numbers and email addresses. • Evidence of required Licenses/Certifications and Certificates of Insurance • Public Entity Crimes Statement • Drug Free Workplace Certification D.03 EVALUATION CRITERIA/SCORING Pursuant to with the Consultant's Competitive Negotiation Act(CCNA),Florida Statutes Section 287.055,et seq., and the policies and procedures of the City of Bradenton,the City is soliciting SOQs for evaluation and ranking for determination and selection of a consultant to provide professional services. The City will convene a selection 111 P a g Page 746 of 973 committee comprised of three(3)or more City staff members each of whom will independently evaluate and rank the submittals in comparison to each of the selection criteria outline herein. The successful proposers will be selected based upon the total cumulative scores of the selection committee. If following review of the submittals, the review committee deems it necessary,a short list of firms may be invited to make presentations for final evaluation,with the selection of the successful firm being based on the committee's ranking of the presentations. In any event,all proposers will be notified of the final results within 48hours of completion of the selection process. The selection committee will evaluate each SOQ using the following criteria and relative weights for evaluation of submittals: Criteria Points Allotted Overall qualifications of respondent in providing professional services in service area 25 Experience of proposed Contract Manager and team 25 Proposed approach to providing requested services under continuing contract 10 Past performance in complying with project budgets and schedules 15 Project Experience with or in Manatee County 5 Project Experience with or in City of Bradenton 10 Location of proposed office of record 5 Client references 5 TOTAL 100 a. Overall Qualifications Provide information to demonstrate the Consultant's relevant experience and qualifications in providing professional services under continuing contracts in the service area for which Consultant wishes to be considered. Provide project examples that demonstrate the Consultant's capabilities to address a range of projects and services applicable to the service area of consideration. This should include,as may be applicable,studies,reports,permitting,design,cost estimation,funding assistance,and construction administration. b. Experience of Proposed Contract Manager and Team Provide information to demonstrate the relevant experience and qualifications of the proposed Contract Manager in overseeing continuing contracts,and the proposed team of professionals anticipated to provide services to the City. Also provide information to demonstrate the current workload of the Contract Manager and their expected level of availability over the initial three(3)-year period of the Contract that will be executed. c. Proposed Approach Provide a detailed description of the Consultant's general approach providing services under a continuing contract. This should include a"cradle-to-grave" summary for a task assignment issued under the proposed continuing contract with the City and should include any"lessons learned"by Consultant under current or previous continuing contracts with municipalities. d. Past Performance Complying with Project Budgets and Schedules Provide evidence to demonstrate the Consultant's ability to prepare realistic project budgets and schedules for projects and their performance in complying with such established budgets and schedules. e. Project Experience with or in Manatee County Provide project examples that demonstrate the Consultant's experience providing professional services in the area of consideration to any department within Manatee County and/or projects completed within the Manatee County that will demonstrate familiarity with the demographics,history,climate,geography, industry,and commerce of the County. 121 P a g Page 747 of 973 L Project Experience with or in City of Bradenton Provide project examples that demonstrate the Consultant's experience providing professional services in the area of consideration to any department within the City of Bradenton and/or projects completed within the City of Bradenton that will demonstrate familiarity with the procedures,ordinances and standards of the City. g. Client Reference Provide at least five(5)client references for continuing contracts providing professional services in the applicable service area to municipalities in Florida. Additional consideration will be given to those references located in southwest Florida. Include the name of a contact person,along with their pertinent contact information(telephone and email address),who can speak to the Consultants performance and budget/schedule adherence. 131 P a g Page 748 of 973 DRUG-FREE WORKPLACE CEWFIFICATION Section 287.087,Florida Statues, effective January 1, 1991, specifies that preference must be,given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace. This requirement effects all public,entities of the State and is as follows: IDENTICAL TIE BIDS -Preference shall be given to business with drug-free workplace programs, Whenever two or more bids which are equal with respect to price,quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drugfree workplace program. In order to have a drug-free workplace program,a business shall: 1) Publish a statement notifying employees that.the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-flee workplace, any available drug counseling, rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations, 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4) In the statement specified in subsection(1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurrence in the workplace no later than five(5)days after such C011ViCtiOD, 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation programif such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this scotion. AS 'fl PERSON AUTHORIZED TO SIGN THE,STATEMENT,I CERTIFY THAT THIS FIRM COMPLIES FULLY WITH TIIE ABOVE REQUIREMENTS. VENDOR'S SIGNATURE DATE 141 P a g e Page 749 of 973 SUBMITTAL SIGNATURE FORM RFQ# 18-07JM Firm Name Mailing Address: Telephone Number City, State,Zip Code The undersigned attests to his (her, their) authority to submit this Statement of Qualifications and to bind the firm herein named to perform as per agreement. If the firm is selected by the City,the undersigned certifies that he/she will negotiate in good faith to establish an agreement to provide professional services for the City of Bradenton Aquifer Storage and Recovery Program according to the requirements of this RFQ#18-07JM Signature Witness Signature Name and Title Name and Title Date: Date: Address of any branch office proposed to service City of Bradenton other than above Name and Title of Firm's Representative for the City of Bradenton ( ) Fax No. " Telephone Number of Firm's Representative for City of Bradenton 151 P a g Page 750 of 973 CITY OF BRADENTON,FLORIDA SWORN STATEMENT UNDER F.S. SECTION 287.133(3)(A), ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHEROFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Qualifications, Proposal or Contract for 2. This sworn statement is submitted by (entity) whose business address is and(if applicable) Federal Employer Identification Number(FEIN) is ( If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social Security Number: 3. My name is and my relationship to the entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(a)(g). Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that"convicted" or "conviction" as defined in paragraph 287.133(a)(b), Florida Statutes, means finding of guilt or a conviction of a public entity crime with or without an adjudication of guilt, in any federal or state trial court of records relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives,partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The City of Bradenton, Florida ownership by one of shares constituting a controlling income among persons when not for fair interest in another person, or a pooling of equipment or income among persons when not for fair market value under a length agreement, shall be a prima facie case that one person controls another person. A person who was knowingly convicted of a public entity crime, in Florida during the preceding thirty six (36) months shall be considered an affiliate. 161 Page Page 751 of 973 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of the state or of the United States with the legal power to enter into a binding contract for provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives,partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies) C1 Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. C1 The entity submitting this sworn statement, or one or more of the officers, directors, executives,partners, shareholders, employees, members, or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. (Please attach a copy of the final order.) C1 The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) C1 The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by, or pending with, the Department of General Services.) Signature Date: STATE OF FLORIDA COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature at the space provided above on this day of 201 , and is personally known to me, or has provided as identification. Notary Public My Commission expires: 17 1 P a g e Page 752 of 973 TYPICAL SCOPES OF SERVICES The scope of the professional services to be provided under this Contract will vary based on the specific needs of the CITY that arise over the duration of the Contract. It is anticipated that the CONSULTANT will be available to provide such services,as required,to all CITY departments including Public Works&Utilities,Planning& Community Development and City Clerk and Treasurer. The CONSULTANT will take assignments on a project- by-project basis pursuant to the terms of this Contract. It is stipulated herein that the CONSULTANT is not guaranteed work assignments under the Contract. Any assignments issued under this Contract shall be in accordance with the stipulations for continuing services contracts outlined in Chapter 287.055 of the Florida Statutes, also known as the"Consultant's Competitive Negotiation Act", or CCNA. To aide professionals in responding to this RFQ,the City has prepared a general scope of services envisioned for each of the various areas of service for which this RFQ has been issued. ARCHITECTURAL SERVICES CONTRACT The general scope of work to be provided to accomplish the CITY's objective includes a broad range of professional architectural services related to design,permitting and construction management of miscellaneous projects as may be designated by the CITY. The types of assignments that may be required during the duration of this Contract include but are not necessarily limited to the following: • Feasibility studies • Master planning • Graphic design • Interior design • Building Information Modeling(BIM) • Architectural engineering and design • Project permitting services • Development of construction cost opinions • Development of construction plans and specifications • Professional services during construction o Construction administration services o Construction observation services o Preparation of project Record Drawings • Alternative project delivery methodologies(design-build,etc.) • Sustainable(LEED) design • Value engineering FDOT-Qualified(LAP Certified)CONSTRUCION ENGINEERING AND INSPECTION SERVICES CONTRACT The general scope of work to be provided to accomplish the CITY's objective includes a broad range of professional construction engineering and inspection services related specifically to projects completed in conjunction with FDOT funded projects involving City-infrastructure,as may be designated by the CITY. The types of assignments that may be required during the duration of this Contract include but are not necessarily limited to the following: • Attend Pre-construction meetings with Contractors • Provide Resident Compliance Officer • Schedule and attend monthly progress meetings • Maintain the required level of surveillance of Contractor activities with qualified personnel • Interpret plans and specifications on behalf of City 181 P a g Page 753 of 973 • Analyze problems that arise on projects and proposals submitted by Contractors and devise solutions • Verify with Contractors field measures for pay requisitions • Monitor Contractors and subcontractors compliance with contract documents • Contractors schedules analysis and verification • Contractors as-built reviews and verification • Construction progress documentation via digital photography • Assistance with FDOT reporting and project closeout DRAINAGE/STORMWATER ENGINEERING SERVICES CONTRACT The general scope of work to be provided to accomplish the CITY's objective includes a broad range of professional drainage/stormwater engineering services related to miscellaneous drainage or stormwater improvements projects,as may be designated by the CITY. The types of assignments that may be required during the duration of this Contract include but are not necessarily limited to the following: • Feasibility studies • Master planning • Stormwater modeling • Stormwater system design • Project permitting services • Development of construction cost opinions • Development of construction plans and specifications • Professional services during construction o Construction administration services o Construction observation services o Preparation of project Record Drawings • Alternative project delivery methodologies(design-build,etc.) ENVIRONMENTAL TESTING SERVICES CONTRACT The general scope of work to be provided to accomplish the CITY's objective includes a broad range of professional environmental testing services related to miscellaneous projects as may be designated by the CITY. The types of assignments that may be required during the duration of this Contract include but are not necessarily limited to the following: • Phase I Environmental Site Assessments • Phase II/III Environmental Investigations • Site Characterization/Soil and Groundwater Studies and Remediation • Visible Emissions Testing • Remedial Action Planning • Risk Assessments • Brownsf"ield Investigations and Redevelopment • Underground and Above Ground Storage Tank Management • Asbestos Testing,Abatement Design,and Abatement Management • Hazardous Waste Determinations • Radon Testing • Indoor Air Quality • Mold Assessments • Lead-Based Paint Testing and Consulting FACILITIES MEP/STRUCTURAL ENGINEERING SERVICES CONTRACT 19 P a g e Page 754 of 973 The general scope of work to be provided to accomplish the CITY's objective includes a broad range of professional MEP and structural engineering services related to miscellaneous projects as may be designated by the CITY. The types of assignments that may be required during the duration of this Contract include but are not necessarily limited to the following: • HVAC system evaluations and renovation designs • Electrical system evaluations and renovation designs • Electrical engineering • Fire protection system evaluation and design • Life safety evaluations • Lighting evaluations and design • Mechanical engineering • Emergency generator evaluations • Security system evaluation and design • Lightning protection system evaluation and design • Arc Flash assessments and remediation design • Facilities plumbing system evaluation and renovation design • Solar energy facilities assessment and design • Structural design and analysis • Structural calculations • Building inspections • Building damage assessment • Building renovation and restoration • Structural engineer of record services • Threshold inspection • Wind and lateral stability analysis • Foundation design • Code compliance reviews • Evaluation of existing roofing systems and reroof design GEOTECHNICAL ENGINEERING SERVICES CONTRACT The general scope of work to be provided to accomplish the CITY's objective includes a broad range of professional geotechnical engineering services related to miscellaneous projects as may be designated by the CITY. The types of assignments that may be required during the duration of this Contract include but are not necessarily limited to the following: • Soil mapping and classification • Subsurface explorations/geophysical surveys • Soil and materials testing services • Settlement analyses • Sinkhole evaluations o Risk assessments o Remediation Design • Geotechnical evaluation/design recommendations o Shallow and deep foundations o Pile foundations o Retaining walls o Slabs on grade o Roadways and bridges o Dams 20Page Page 755 of 973 o Utility pipelines ■ Open cut excavations ■ Horizontal directional drills ■ Jack and bore crossings o Stormwater Ponds HYDROGEOLOGICAL SERVICES CONTRACT The general scope of work to be provided to accomplish the CITY's objective includes a broad range of professional hydrogeological services related to miscellaneous projects related to the City's existing Aquifer Storage and Recovery well program,as may be designated by the CITY. The types of assignments that may be required during the duration of this Contract include but are not necessarily limited to the following: • Feasibility Studies • Potable Water ASR Systems • Reclaimed Water Injection Wells • Integrated Water Supply Planning,Permitting and Design • Operational Assistance,Troubleshooting,and Optimization of ASR/Injection Well Systems • Permitting and Design of Water Supply Wells in the Southern Water Use Caution Area • Assistance with Regulatory/Funding Agencies • Development of construction cost opinions • Development of construction plans and specifications • Professional services during construction o Construction administration services o Construction observation services o Preparation of project Record Drawings • Alternative project delivery methodologies (design-build,etc.) LANDSCAPE ARCHITECTURAL SERVICES CONTRACT The general scope of work to be provided to accomplish the CITY's objective includes a broad range of professional landscape architectural services related to miscellaneous projects as may be designated by the CITY. The types of assignments that may be required during the duration of this Contract include but are not necessarily limited to the following: • Landscape master planning • Urban design • Sustainable site design • Parks and playground planning and design • Streetscape design • Courtyard design • Landscape graphic designs/3D sketches • Bikeways,greenways and multi-use trails planning and design • Landscape architecture design for project enhancement • Land use and comprehensive planning assistance • Plantings for mitigation purposes • Plantings and landforms for screening/buffering of projects from residential areas • Unit paver design,permeable pavers,decorative concrete pavements LAND SURVEYING SERVICES CONTRACT 21 P a g e Page 756 of 973 The general scope of work to be provided to accomplish the CITY's objective includes a broad range of professional land surveying services related to miscellaneous projects as may be designated by the CITY. The types of assignments that may be required during the duration of this Contract include but are not necessarily limited to the following: • Topographic surveys • Boundary surveys • Horizontal and vertical control surveys o Geodetic control/leveling o Aerial photography/LIDAR control • Elevation certificates • Platting for subdivisions and condominium complexes • Right-of-way surveys • Mean high water surveys • Subsurface utility location surveys • Hydrographic/Bathymetric surveys • Construction stakeout • Jurisdictional surveys • Special purpose surveys • Ground penetrating radar surveys • Legal descriptions • Easement preparation • Earthwork surveys and volume calculations MARINE-COASTAL ENGINEERING SERIVCES CONTRACT The general scope of work to be provided to accomplish the CITY's objective includes a broad range of professional marine-coastal engineering services related to miscellaneous projects as may be designated by the CITY. The types of assignments that may be required during the duration of this Contract include but are not necessarily limited to the following: • Coastal engineering analysis • Marine/Coastal structure permitting • Marine/coastal structures inspection and evaluation • Shoreline protection/mitigation planning and design • Commercial pier and dock planning and design • Marina planning and design • Boardwalk planning and design • Local,State,and Federal Dredge Design and Permitting • Beach Nourishment Permitting and Monitoring • Dredge Materials Disposal and Consulting Services • Coastal Construction Contract Administration • Shorefront Protection Design,including seawalls,bulkheads,and soft solutions PLANNING SERVICES CONTRACT The general scope of work to be provided to accomplish the CITY's objective includes a broad range of professional planning services related to miscellaneous projects as may be designated by the CITY. The types of assignments that may be required during the duration of this Contract include but are not necessarily limited to the following general planning services: 22 1 P a g e Page 757 of 973 • Land Development Code/regulations update(zoning and subdivision regulations) • Affordable housing policy/strategies • Comprehensive planning policy/data and analysis • Design Guidelines • Multimodal transportation policies/mobility fee study and implementation TRANSPORATION-TRAFFIC ENGINEERING SERVICES CONTRACT The general scope of work to be provided to accomplish the CITY's objective includes a broad range of professional transportation-traffic engineering services related to miscellaneous projects as may be designated by the CITY. The types of assignments that may be required during the duration of this Contract include but are not necessarily limited to the following: • Traffic analysis and planning • Transportation planning • Regional master planning • Computer modeling of traffic/trip generation data • Traffic impact analysis • Roadway engineering • Pavement evaluations • Signalization design • Corridor studies • Traffic calming plans • Parking needs analysis • Intersection analysis • Site distance analysis • Circulation analysis • Traffic control plans • Geometric design • Site design for traffic flow 23 P a g e Page 758 of 973 !" "1 "111111116 2579 SW 87th Drive, Suite 101 fb,,� Gainesville, FL 32608 NIDE URBAN CONCEPTS 352-363-0614 LAND USE • MOBILITY• PARKING • FEES www.nuBurbanconcBpts.com nueurbancon ceptsggmail.com August 9th, 2021 Amanda Radigan,AICP Principal Planner City of Boynton Beach Development, Planning&Zoning 100 E. Ocean Avenue Boynton Beach, FL 33435 RE: SCOPE OF SERVICE FOR MOBILITY PLAN &FEE IMPLEMENTATION NUE Urban Concepts (NUC) is pleased to submit our proposal to provide a scope of service to assist the City of Boynton Beach with Mobility Plan and Mobility Fee Implementation. I. ABBREVIATED PROJECT DESCRIPTION The City of Boynton Beach has commenced with the development of a Mobility Plan and a Mobility Fee. The CLIENT is requesting that NUC assist with implementation of the City's Mobility Plan and Mobility Fee based upon the Complete Streets Mobility Plan and Mobility Fee Technical Report. II. SCOPE OF SERVICES Task 1: Administrative Coordination: NUC will coordination with multiple City departments and divisions including building permit, budgeting, finance, planning,public works, and the City Attorney and/ or outside legal counsel to coordinate development of a Mobility Fee Ordinance. Task 2: Develop Mobility Fee Ordinance: NUC will prepare a legally and statutorily compliant Mobility Fee Ordinance that the legal basis to enact a Mobility Fee and allows the City to begin to assess new development for its transportation mobility impact. The Ordinance will address legislative findings, definitions, collection and expenditure of fees, offsets for redevelopment of existing uses, credits for prior mitigation payments,special studies, auditing,fund accounts, annual reports, challenges and updates. www.nueurbanconcepts.com Page 759 of 973 NUE URBAN CONCEPTS Task 3: Comprehensive Plan Update: NUE Urban Concepts will prepare updates to goals, objectives and policies in the City's Comprehensive Plan to reflect adoption of a Mobility Plan and Mobility Fee. The update will address potentially conflicting policies, transportation concurrency exception area policies, preparation for potential expansion of the mobility fee and plan city wide, the integration of the mobility plan into the comprehensive plan, updates to level and quality of service standards, along with other legal and statutory requirements related to mobility planning. Task 4: Prepare Report on Proposed Amendments: NUE Urban Concepts will prepare a written report describing the reason for each proposed amendment and to the extent required, how the amendment relates to statutory or legal requirements. The report will also include the basis and the rationale behind the request to amend the comprehensive plan. Task 5: Response to Agency Comments: NUE Urban Concepts will prepare responses to comments from DEO and other agencies that may comment or object to the proposed amendment. NUE Urban will also prepare updates amendments as necessary to address comments. Task 6: Land Development Regulations (LDR) Update: NUE Urban Concepts will prepare updates to requirements and standards in the City's Land Development Regulations to reflect adoption of a Mobility Plan and Mobility Fee. The update will address potentially conflicting transportation concurrency requirements within the mobility fee assessment area and needed updates for areas outside of the mobility fee assessment area. The updates will implement and integrate level and quality of service standards, along with other legal and statutory requirements related to mobility planning. The LDRs will also implement mobility strategies established in the Comprehensive Plan. Task 7: Prepare Summary of LDR Update: NUE Urban Concepts will prepare a written summary describing the reason for the proposed updates and to the extent required, how the amendment relates to statutory or legal requirements and consistency with the comprehensive plan. www.nueurbanconcepts.com 2 Page 760 of 973 NUE URBAN CONCEPTS Task 8: Response to LDR Comments: NUE Urban Concepts will prepare responses to comments from outside parties that may comment or object to the proposed updates. NUE Urban will also prepare amendments to the Land Development Regulations as necessary to address comments. Task 9: Building Permit Integration: NUE Urban Concepts will assist the City with integration of the mobility fee into the City's building permit process and assisting intake staff with the collection and determination of mobility fees. Task 10: Finance and Accounting Coordination: NUE Urban Concepts will assist the City with establishment of the appropriate funding accounts and address statutory requirements. NUC will assist the finance and accounting department with the tracking of collections and expenditures and the annual certification and reporting requirements of Florida Statute Section 163.31801. Task 11: Service Charge Study: NUE Urban Concepts will develop a service charge study to meet statutory requirements that service charges levied do not exceed the cost to administer and implement the Mobility Fee. The study will evaluate all departments involved in the process, their time and cost related to Mobility Fees and prepare a proposed service assessment. Task 12: Administration Procedures: NUE Urban Concepts will assist the City with development of common administrative procedures to address request for interpretations, credits, off-sets, and special studies. The procedures will also address initial assessments and request for reassessments. Task 13: Establish Mobility Access / Site Impact Study Criteria: NUE Urban Concepts will work with the City to establish threshold requirements for when mobility access/site impact studies are required by new development,as well as any applicable tiers which shall address the extent of an area to be evaluated. The threshold requirements will address studies required for comprehensive plan amendments, request for rezoning, special use permits and exemptions, as well as development plan / order review of final engineering plans. Development outside the mobility fee assessment will still be subject to existing transportation concurrency requirements. www.nueurbanconcepts.com 3 Page 761 of 973 NUE URBAN CONCEPTS Task 14: Prepare Mobility Access / Site Impact Study Requirements: NUE Urban Concepts will prepare requirements for new development and redevelopment to evaluate site access. The requirements will address access for people walking, bicycling, accessing transit and driving. The requirements will address driveway and multimodal connections to adjacent streets as well and cross-access to adjacent parcels. In addition, the requirements will establish criteria to evaluate gaps in the existing multimodal network around the development, as well as adjacent major intersections and mid-block crossings.The mobility access/site impact study requirements may also become requirements for developments required to conduct traffic impact analysis for transportation concurrency. Task 15: Response to Mobility Access / Site Impact Study Comments: NUE Urban Concepts will prepare responses to comments from the development community and outside parties that may comment on the proposed updates. NUE Urban will also prepare amendments,as necessary to address comments. Task 16: Meetings and Presentations: NUE Urban Concepts will participate and present at up to five (5) public hearings and or workshops. NUE Urban Concepts will participate in up to fifteen (15) one-hour virtual conference call meetings with City Staff to discuss implementation and prepare for public hearings. Additional in person meetings will require a scope amendment or separate scope. Deliverables: (1) Mobility Fee Ordinance (2) Comprehensive Plan Amendment (3) Land Development Regulation Update (4) Service Charge Study (5) Administration Procedures (6) Mobility Access / Site Impact Requirements www.nueurbanconcepts.com 4 Page 762 of 973 NUE URBAN CONCEPTS III. FEE HOURS NUE Urban Concepts will invoice hours worked, cost, and percent of task completed as part of a monthly invoice. NUE Urban Concepts hourly rate is $175 per hour. The scope is proposed to require up to 715 hours with a cost not to exceed $125,125. The following are the hours estimates and cost per task: Task Hours Projected Cost Task 1:Administrative Coordination 20 $3,500 Task 2: Development of Implementing Ordinance 100 $17,500 Task 3: Comprehensive Plan Amendments 60 $10,500 Task 4: Comprehensive Plan Amendment Narrative 25 $4,375 Task 5: Response to Agency Comments 20 $3,500 Task 6: Land Development Regulation Update 50 $8,750 Task 7: Summary of LDR Update 15 $2,625 Task 8: Response to LDR Comments 10 $1,750 Task 9: Building Permit Integration 10 $1,750 Task 10: Finance and Accounting Coordination 10 $1,750 Task 11: Service Charge Study 60 $10,500 Task 12:Administration Procedures 40 $7,000 Task 13: Establish Mobility Access/ Site Impact Study Criteria 25 $4,375 Task 14: Prepare Mobility Access/Site Impact Study Requirements 70 $12,250 Task 15: Response to Mobility Access/ Site Impact Study Comments 20 $3,500 Task 16: Meetings &Presentations 180 $31,500 Total 715 $125,125 IV. SCHEDULE (1) Mobility Fee Ordinance Submittal - October 2021 (2) Mobility Fee Ordinance Adoption - December 2021 (3) Comprehensive Plan Amendment Submittal- December 2021 (4) Comprehensive Plan Amendment Adoption - March 2022 (5) Land Development Regulation Submittal-January 2022 (6) Land Development Regulation Adoption - March 2022 (7) Service Charge Study- March 2022 (8) Administrative Procedures - March 2022 (9) Mobility Access / Site Impact Requirements - March 2022 www.nueurbanconcepts.com 5 Page 763 of 973 9.A. City Manager's Report 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Update the City Commission on the Boynton Beach American Rescue Plan Act(ARPA) Community Engagement Plan by John Durgan, Economic Development Manger. Explanation of Request: The City has developed an American Rescue Plan Act(ARPA) Community Engagement Plan that seeks to inform the community on the ARPA purpose and available uses. The City's ARPA Community Engagement Plan also seeks the community's input and priority recommendations for your consideration within the ARPA Framework. The U.S. Treasury Department has stressed the importance for government units to assess and identify the greatest needs and to provide services either directly or through existing evidence-based programs. The City's ARPA Community Engagement Plan seeks to maximize community participation through various communication strategies. How will this affect city programs or services? The City's ARPA Community Engagement Plan seeks to present the community's input and priority recommendations for the Commission's consideration within the ARPA Framework. Fiscal Impact: To be determined as programs/initiatives are identified and approved by the Commission. Alternatives: N/A Strategic Plan: Building Wealth in the Community Strategic Plan Application: The ARPA funds can be used to respond to the acute pandemic response needs, fill revenue shortfalls, and support the communities and populations hardest hit by the COVI D-19 public crisis. Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 764 of 973 Type Description Attachment ARPA Communication Plan Presentation Page 765 of 973 Q � c� a� (C) rl- (C) Q) 09 % tDz LL 0 UZ0 V � Q w W U � N Q O U _0 v cn > ® U ® � v ® V) 4J Q N _0 4- O U cvj N 0 (Y) v ld rn th N o LL QC ® ® v � ca LL }° C: ti Q cn O 0) +J Z3 Q v E a -0 Li a) i N t]A v 4-1 ca °cn > �cn O i cn u U U Ln = v :34 ca CL >. Q Qc U J Q)Q 11 + _ }' u u ° n U ca ca Q ® J L J O cn cn N L a) `r f6 - O Z3 M i +' ::3 UU cn O N � O U 4-J d Z3 N L1 U cn f6 O Q 3 Q cn r- O v C: U O L1 N hr) f6 i ld cn cn 41 41 _ Q i U °> M x ® ® O c6 f6 r-I 4- _ cn O"rlvQ c6 O -0 c c6 U >S ; N vU }° ® O ® E .a taw f6 N i c6 i Q C: O ® >S cn Ql O 4-J cn U U O r-I > p (L U +J f6 (-Y) bA Q _ Q ® N > Q f6 U cJ) Q Q Of a_ ® CO00 Q v +J C O V) v _0 ca O co ca ti E rn o ® co m v a� 0) _0 a , O +J cn L C O v N Ln > E O -0 Q N O _0 a) vi .N v ® Q v E v' ca � 0 a, :3Q U Q w U N ® � O v E M N :3L L O - a N E L v N E E o - Q ® o M ® v vi ) N U U +J m ?> Ln ® •C: ® °1 O '} o v v Q ° ®u bA Q Q U Q v L �' _0 Q. Q v 04J O N 41 c° 'n Q O Q) C: Q Q 0 r. t. .J t 6 71 'CL Cl ? 10 o ;:moi _ as Doy _ - UALI — Ll t J, L 5 tL' 4 - } L 4 LL 1 ._ �, 0 i nn a� 5 t " �q L w ' � - y I 1 q,�} III'I t�a EC] rla i rA, `-M m to L TJj o n c - c^ 'J1 ,„ f� i' y LIA in U is sL - '. tF+ ""� �. 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Z3 f6 f6 +J N W N O U O Q U N 2 _0 O O � ' � O U N - f6 °® 41 L!IJ 0 M WE a ti 7 - rn o (Y) E COo 10ti y a 0 Ca + -t� i� r od n; 12 +�s -0 n - CL1 CO Y � v � 4 Q C7 6 a w -� co RI'r+q o '° 0 < < - j J V m0- - _ 4 v w as ...a m t- m c ca u C51 0 N ry CTJ M © u p ry O sid cnCL NX T - 9 �iy t 7 tlJ N tl�J - Vl In V) Q _ V i t ry - 0. - U CC CC 9 C.3 cy CY (Y) ti rn 4- 0 ti ti a� c� a V 1 O V 1 9.B. City Manager's Report 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Update on Election Polling Places for the March 2022 election. Explanation of Request: The City Commission has requested that staff look into moving polling places that are currently in schools to other locations for the City's March 2022 election. The City has a total of 25 polling locations for 50,905 registered voters: 7 are at schools, 8 are at community clubhouses, 5 are at churches/temples, and 5 are at City owned/operated facilities. The 7 schools are assigned to 14 precincts where there are 15,130 registered voters, nearly 30% of the City's total registered voters. Per Florida Statute 101.71, only "Public, tax-supported buildings shall be made available for use as polling places upon the request of the Supervisor of Elections." This means that public schools, libraries, municipal parks and recreation facilities, etc. do not have the option to decline to let the City use their facilities, while privately owned facilities like churches and neighborhood clubhouses can and do opt out. Additionally, many polling locations that are in community clubhouses would not agree to allow the use of their facilities if they were assigned to more than just their own resident voters. The schools are accustomed to being polling locations used by the Palm Beach County Supervisor of Elections (SOE) for every election, and have procedures in place for the separation and safety of voters and students. If the City chooses to assign locations other than the locations assigned by the SOE for countywide elections, the City must notify SOE at least 80 days prior to the scheduled election. The SOE will notify the voters of the temporary change in their assigned polling location by mailing updated voter cards to all affected voters, but the costs associated with such a mailing (and a second subsequent mailing after the election to notify the affected voters of the return to their regularly assigned polling location) will be billed to the City. The estimated costs are as follows: Postage for mailing new voter registration cards $16,643 Printing of voter registration cards $4,539 Pay for SOE staff to prepare a data file for mailing, newspaper advertisement for location change & $4,000 printing signage to place at schools on election day Total Estimate: $25,182 Historically, polling place closures and consolidations have resulted in a decrease in voter participation among the relocated voters. Due to this, along with the increase in unbudgeted costs, staff does not recommend changing the polling places from the locations assigned by the PBC Supervisor of Elections for countywide elections. How will this affect city programs or services? Fiscal Impact: Alternatives: Page 775 of 973 Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Attachment Map-Boynton each Polling Locations D Attachment Boynton each Precincts, Polling Locations and Registered Voters Page 776 of 973 ! - �P1irlStx NPi W,{, >` t ,>, p �8u�a�pf • (LS xG�'�� � �r• a��."ti. ? � �'. r a 3 _. `�"`��� ,r{"-I � �s" `.I'^ W�+�a �f Y '� C.v'�S�4,'.,, '�'�3�� f t�':���r*1nm �. a 1 l �'i t xs ! s i 4➢,p i g n,..�s �! 5sc a f!'i= }. s .�. ,. !. dx��� : 3 ��i tx� ) x i 5 : '�:. a✓ 0 1 f (,� r.:. LIZ, Q' r 'Y3* a 'v't a r rr��., ��r ,+�, }n.❑r � t �,�� q� {� V""' q,� `" k��"{�r a� ;r1 ,,r�y,� ��� r. � fie, � .. I�,' � I ,'',x. � .: s �-,A ❑ Lel ! ' * �k k9 h ���i,`'" r, f� s:, ��{�i� ��'�'� � '�� ��' 21 '?ri �'. �, > 51r ` fi. �f�)1� ��-ra t; �:��,a. (`r}4ti:�w`� �_$ °r ���l d7',(1�� %�`+,* _ FS�, 1)` i IY..ax���er}r�•.t 'd � r� f f�� r - � I.t. 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City Manager's Report 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Development Department staff will provide a brief update to the City Commission on community outreach initiatives for Building Division services. Explanation of Request: The Development Department will briefly present information on current community outreach initiatives. Staff is creating educational workshops, videos and brochures intended to create a knowledge library to assist customers with the various services offered through the Building Services Division. How will this affect city programs or services? The outreach initiatives will provide information to the public in order to increase customer satisfaction and operational efficiency. Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Building Wealth in the Community Strategic Plan Application: The outreach efforts advance the implementation of the city's new application submittal and review platform (Plan Item No. 4.16.2). Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type Description Attachment Presentation Attachment Building in Boynton Flyer Page 780 of 973 O r. _ 00 t — I- (2) 0) co OEM n 1 3 ` g� Ak { r C1IUUUP) no Ln m Cl- 0 `p 00 m m c� ry 00 n -0 - L- to Co- l�J un c: 0 un 0 Ln u O u ` 0 — U f, u lJ ui no _ N -0rn un O ®tlJ C1J N � � N `— tlJ c/1 = N N to .0 v O v (0 N I) 0 " O O O � l.J co s O � N o_ Ln LJ Ln V) O f0 L O V) N +� no U lJ E ro +� ru :) c V E X Q O Ln 0 Ln 4-JU co- (U F- -0 > unQ Q a Ln A) 0 nof0 }' N Ln �O O 0= Z Ln rB F-- O c 1 _ 1 q fr v ri f— � a t 1 1 � � g a a r �l«• l�f,Sy ��St � ��� ter•,'„ 1y. ti irN � t S it Sr f is S. 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City Manager's Report 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Authorize the use of ARPA funds (up to $60,000) to partner with Pathways to Prosperity and the Center for Health Promotions, LLC to hold a vaccination event at the Ezell Hester Center on Saturday, September 18, 2021 in conjunction with the Boynton Beach Bulldogs Football event. Explanation of Request: Pathways to Prosperity has partnered with the Center for Health Promotions, LLC to provide education to their clients and the community regarding COVID-19. P2P inquired if the City would be interested in co- hosting a vaccination event with the assistance of Community Health Promotions, LLC (CHP). CHP runs a Covid-19 Strike Force that conducts free vaccination events in underserved communities. The program is led by Dr. Dwight Reynolds, MD from Coral Springs, FL. Dr. Reynold's team travels throughout the country providing education and vaccinations to communities that have low vaccination rates. The proposed vaccination event would take place from 8am to 6pm on Saturday in the Hester Center gymnasium. City staff and P2P have developed a marketing plan to notify the community of the event. Staff is recommending the use of$50,000 to purchase 500 ($100) gift cards to incentivize the public to get vaccinated. The gift cards would be distributed to the first 500 participants. The follow up vaccine event will be held on Saturday, October 16th at the Hester Center. In an effort to encourage participants to return for their second vaccination, participant's are eligible for a one time drawing of$500 on that day. All costs (including staffing) related to the administering of the vaccine will be assumed by CHP Strike Force. In addition to providing the site and gift cards, the City will cover the costs of renting additional tables/chairs, providing water/Gatorade to participants and the printing of marketing materials for both events. P2P will provide staff support for the event. The event is open to the general public. All three vaccines will be made available and pre-registration is encouraged. How will this affect city programs or services? Provide opportunity for the community to get vaccinated. Fiscal Impact: Use of ARPA funds. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Page 793 of 973 Is this a grant? Grant Amount: Attachments: Page 794 of 973 10.A. Unfinished Business 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Proposed Resolution No. R21-113 - Approve and authorize the Mayor to sign an I nterlocal Agreement with the CRA for use of ARPA funds (up to $500,000) for participation in a public auction of 35 Cherry Hill lots owned by the Palm Beach County Housing Authority. Explanation of Request: The CRA has budgeted $500,000 to participate in the auction with the intent to purchase as many lots as possible for future redevelopment and infill affordable housing. The CRA had the properties appraised and the value is$900,000+. The I LA will use ARPA funds to augment the funds the CRA has to assist with the acquisition of these properties through the public auction process, which is scheduled to take place on September 14 & 15, 2021. The I LA will provide ARPA funds up to $500,000 to the CRA to do the bidding at the auction should they be needed. Depending on the number of bidders and the degree of competition, all funds may not be needed. The CRA funds will be used first, then the ARPA funds would be used, if necessary. The City's ARPA Funds which are not used, will be returned to the City. How will this affect city programs or services? Provide additional properties for the development of much needed affordable housing in the City. Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 795 of 973 Type Description D Resolution Resolution approving ILA with CRA for funding of Cherry Hill Properties D I nterlocal Agreement I LA with C RA for funding of Cherry Hill Properties Page 796 of 973 I RESOLUTION NO. R21- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN 4 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH 5 AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT 6 AGENCY FOR USE OF ARPA FUNDS (UP TO $500,000) FOR 7 PARTICIPATION IN A PUBLIC AUCTION OF 35 CHERRY HILL LOTS 8 OWNED BY THE PALM BEACH COUNTY HOUSING AUTHORITY;AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, on September 8, 2021 the Boynton Beach CRA approved the Interlocal 12 Agreement between the City of Boynton Beach and the CRA to provide funding to the CRA to 13 assist in the acquisition of certain lots located in the Cherry Hill neighborhood which are 14 currently owned by the Palm Beach County Housing Authority; and 15 WHEREAS, the purpose of this Interlocal Agreement is to establish an agreement 16 between the Parties in order for Boynton Beach to provide funding to the CRA; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 18 recommendation of staff, deems it to be in the best interests of the City residents to approve 19 and authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 20 Redevelopment Agency to provide funding for use of ARPA funds (up to $500,000) for 21 participation in a public auction of 35 Cherry Hill lots owned by the Palm Beach County Housing 22 Authority. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\ILA With CRA For Funding For Cherry Hill Properties-Reso.Docx Page 797 of 973 25 Section 1. Each Whereas clause set forth above is true and correct and 26 incorporated herein by this reference. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 28 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 29 Beach and the Boynton Beach Community Redevelopment Agency for use of ARPA funds (up 30 to $500,000)for participation in a public auction of 35 Cherry Hill lots owned by the Palm Beach 31 County Housing Authority, a copy of said Interlocal Agreement is attached hereto as Exhibit 32 "A". 33 Section 3. That this Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this 8th day of September, 2021. 35 CITY OF BOYNTON BEACH, FLORIDA 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice Mayor—Woodrow L. Hay 41 42 Commissioner—Justin Katz 43 44 Commissioner— Christina L. Romelus 45 46 Commissioner—Ty Penserga 47 48 VOTE 49 ATTEST: 50 51 52 53 Crystal Gibson, MMC 54 City Clerk 55 56 (Corporate Seal) S:\CA\RESO\Agreements\ILA With CRA For Funding For Cherry Hill Properties-Reso.Docx Page 798 of 973 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (Public Auction of Palm Beach County Housing Authority Cherry Hill Lots) THIS AGREEMENT ("Agreement" or "Interlocal Agreement"), is made and entered into , 20217 by and between the City of Boynton Beach, a Florida municipal corporation (hereinafter "Boynton Beach"), and the Boynton Beach Community Redevelopment Agency, a public agency duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter "CRA") collectively referred to as the "Parties" or individually referred to as a "Party". WITNESSETH: WHEREAS, the Parties are authorized pursuant to the Florida Interlocal Cooperation Act of 1969 as set forth in Section 163.01, et seq., Florida Statutes (hereinafter the "Act") to make efficient use of their respective powers, resources, authority and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby provide the facilities and efforts identified herein in the manner that will best utilize existing resources, powers and authority available to each of them; and WHEREAS, it is the purpose of the Act to provide a means by which the Parties may exercise their respective powers, privileges and authority which they may separately, but which pursuant to this Interlocal Agreement and the Act they may exercise collectively; and WHEREAS, the Parties agree to enter this Interlocal Agreement for Boynton Beach to provide funding to the CRA to acquire certain lots via public auction located in the Cherry Hill neighborhood and currently owned by the Palm Beach County Housing Authority; and NOW, THEREFORE, the Parties express their mutual understandings and commitments as follows- Section 1. STATEMENT OF PURPOSE The purpose of this Interlocal Agreement is to establish an agreement between the Parties in order for Boynton Beach to provide funding to the CRA to assist in the acquisition of certain lots located in the Cherry Hill neighborhood, and currently owned by the Palm Beach County Housing Authority ("PBCHA Lots"), as set forth in Exhibit "A", attached hereto and incorporated herein. Section 2. OBLIGATIONS OF THE PARTIES 100464169.2 306-9001821} Page 799 of 973 2.1 Boynton Beach shall provide American Rescue Plan Act funds in an amount not to exceed $500,000.00 ("City Funds") to the CRA to assist in acquisition of the PBCHA Lots being auctioned. The City Funds shall be wire transferred to the CRA's account no later than September 13, 2021, to be coordinated by the CRA's and Boynton Beach's Finance Departments. 2.2 The CRA is authorized and shall utilize the City Funds solely for the purpose of bidding on the PBCHA Lots at the September 14- 15, 2021 auction. 2.3 The CRA shall utilize the City Funds only after exhausting the CRA's $500,000.00 in budgeted funds for the purpose of bidding on the PBCHA Lots. 2.4 PBCHA Lots acquired in the auction by the CRA, shall be owned by the CRA, and shall be deed restricted and built as affordable housing in compliance with the applicable federal guidelines. 2.5 If any of the City Funds remain unused after the September 14-15, 2021 auction, the CRA shall return the remaining funds to Boynton Beach via wire transfer. Section 3. PUBLIC RECORDS The Parties are public agencies subject to Chapter 119, Fla. Stat. The Parties shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, the Parties agrees to- 3.1 Keep and maintain all records that ordinarily and necessarily would be required by the Parties. 3.2 Provide the public with access to public records on the same terms and conditions that the Parties would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. 3.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. 3.4 Meet all requirements for retaining public records and transfer, at no cost, to the Parties all records in possession of the Parties at the termination of this Agreement and destroy any public 100464169.2 306-9001821} Page 800 of 973 records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Parties in a format that is compatible with the information technology systems of the Parties. All records shall be transferred to the Parties prior to final payment being made to the Parties. 3.5 If either Party does not comply with this section, the non- breaching Party shall enforce the Agreement provisions in accordance with this Agreement and may unilaterally cancel this Agreement in accordance with state law. Section 4. REMEDIES Both Parties shall have any and all remedies as permitted by law. The Parties agree, however, to provide for positive dialogue and communications if disputes or disagreements arise as to the application or interpretation of the Interlocal Agreement provisions. Section 5. EFFECTIVE DATE, DURATION AND TERMINATION 5.1 This Interlocal Agreement shall become effective upon being executed by both Parties and shall automatically terminate upon completion of the action items set forth in Section 2 above. Section 6. GOVERNING LAW/ VENUE /WAIVER OF JURY TRIAL This Agreement shall be governed by the laws of the State of Florida. Any legal action to enforce the Agreement will be filed in Palm Beach County. In any litigation brought to enforce the terms of this Interlocal Agreement, the Parties shall bear their own costs and attorney's fees incurred in connection therewith. BY ENTERING INTO THIS AGREEMENT, THE PARTIES EXPRESSLY WAIVE ANY RIGHT THE PARTIES MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION OR ANY CLAIM RELATED TO THIS AGREEMENT. Section 7. LIABILITY AND INDEMNITY 7.1. Each Party shall be liable for its own actions and negligence and, to the extent permitted by law, the Parties and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other. Nothing herein shall constitute, or be construed as, a waiver of sovereign immunity beyond the limits set forth in Florida Statute, Section 768.28, or of any defense available to the Parties as set forth in Florida Statutes, Section 768.28 or any other provisions of Florida law. 100464169.2 306-9001821} Page 801 of 973 7.2 This section shall survive the termination or expiration of this Agreement. Section 8. AMENDMENT OF THIS AGREEMENT Amendments to this Interlocal Agreement shall be made by written consent of both Parties. Section 9. SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Interlocal Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity or enforceability of any other portion or provision of the Interlocal Agreement. Any void or voidable provision shall be deemed severed from the Interlocal Agreement and the balance of the Interlocal Agreement shall be construed and enforced as if the Interlocal Agreement did not contain the particular portion or provision held to be void. The Parties further agree to reform the Interlocal Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Interlocal Agreement from being held void should a provision which is of the essence of the Interlocal Agreement be determined to be void by a court of competent jurisdiction. Section 10. NOTICES 10.1 Any notice given pursuant to the terms of this Agreement shall be in writing and done by Email or Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Email or Return Receipt. All notices shall be addressed to the following- As to Boynton Beach- Attn: City Manager City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33425 As to CRA: Attn: Interim Executive Director Boynton Beach CRA 100 East Ocean Avenue 4t" Floor Boynton Beach, FL 33435 10.2 Notices shall be effective when delivered to the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any Party by written notice to the other Party. Facsimile and email are 100464169.2 306-9001821} Page 802 of 973 acceptable notice effective when received, however, facsimiles and emails received (i.e. printed) after 5.00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Section 11: FILING A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 12: FORCE MAJEURE Any Party delayed by a Force Majeure Event, as defined herein, in performing under this Interlocal Agreement shall use reasonable efforts to remedy the cause or causes of such Force Majeure Event. A delay due to a Force Majeure Event shall serve to toll the time to perform under this Agreement. "Force Majeure Event" shall mean any act of God, fire, flood, earthquake, explosion, hurricane, riot, sabotage, terrorist attack, windstorm, failure of utility service, or labor dispute. Section 13: CONSTRUCTION No Party shall be considered the author of this Interlocal Agreement since the Parties hereto have participated in negotiations and drafting and redrafting of this document to arrive at a final agreement. Thus, the terms of this Agreement shall not be strictly construed against one Party as opposed to the other Party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 14: NO THIRD PARTY BENEFICIARY No provision of this Interlocal Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of any Party. Section 15: NON-DISCRIMINATION The Parties shall not discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, or gender identity and expression in the performance of this Agreement. Section 16: ASSIGNMENT 100464169.2 306-9001821} Page 803 of 973 The Parties may not assign this Agreement in whole or in part, without prior written consent of the other, which may be granted or withheld at the such Parties' absolute discretion. Section 17: COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. [This Space is Intentionally Blank; Signature Page to Follow] 100464169.2 306-9001821} Page 804 of 973 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date and year first written above. ATTEST: CITY OF BOYNTON BEACH By- By- Name- Steven B. Grant Title- Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By- City Attorney ATTEST: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By- By- Name- Steven B. Grant Title- Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY- By- General UFFICIENCY-By- General Counsel 100464169.2 306-9001821} Page 805 of 973 i EXHIBIT "All PROPERTY INVENTORY Auction Addresses Parcel Control Numbers Lot Size/SF 2020 PBC Zoning Legal Description Lot# Market Value 1 419 NW 12th Avenue 08-43-45-21-14-000-4250 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS LT425 2 417 NW 12th Avenue 08-43-45-21-14-000-4240 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS LT 424 3 415 NW 12th Avenue 08-43-45-21-14-000-4230 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS LT 423 4 413 NW 12th Avenue 08-43-45-21-14-000-4220 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS, BOYNTON LT 422 5 411 NW 12th Avenue 08-43-45-21-14-000-4210 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS LT 421 6 409 NW 12th Avenue 08-43-45-21-14-000-4200 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS LT 420 7 407 NW 12t h Avenue 08-43-45-21-14-000-4190 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS LT 419 8 405 NW 12th Avenue 08-43-45-21-14-000-4180 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS LT 418 9 403 NW 12th Avenue 08-43-45-21-14-000-4170 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS LT 417 10 NW 12th Avenue 08-43-45-21-14-000-4160 3,276.00 $15,000.00 R-2 Duplex CHERRY HILLS LT 416 11 402 NW 13th Avenue 08-43-45-21-14-000-4880 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 488 (LESS PAR IN OR4361P1202) 12 404 NW 13th Avenue 08-43-45-21-14-000-4870 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS, BOYNTON LT 487 13 406 NW 13th Avenue 08-43-45-21-14-000-4860 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 486 14 408 NW 13th Avenue 08-43-45-21-14-000-4850 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 485 15 410 NW 13th Avenue 08-43-45-21-14-000-4840 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 484 800.331 .6620 FISHER AUCTION COMPANY www.Fi h rau i n.corn 4 age 806 of X73 i PROPERTY INVENTORY Auction Addresses Parcel Control Numbers Lot Size/SF 2020 PBC Zoning Legal Description Lot# Market Value 16 412 NW 13th Avenue 08-43-45-21-14-000-4830 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 483 17 414 NW 13th Avenue 08-43-45-21-14-000-4820 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 482 18 404 NW 12th Avenue 08-43-45-21-14-000-4140 2,548.26 $15,000.00 R-2 Duplex CHERRY HILLS LT 414 19 406 NW 12th Avenue 08-43-45-21-14-000-4130 2,548.26 $15,000.00 R-2 Duplex CHERRY HILLS LT 413 20 408 NW 12th Avenue 08-43-45-21-14-000-4120 2,548.26 $15,000.00 R-2 Duplex CHERRY HILLS LT 412 21 410 NW 12th Avenue 08-43-45-21-14-000-4100 5,158.79 $30,000.00 R-2 Duplex CHERRY HILLS LTS 410 &411 22 412 NW 12th Avenue 08-43-45-21-14-000-4080 5,083.45 $30,000.00 R-2 Duplex CHERRY HILLS LT 408 &409 23 421-423 NW 13th Ave- 08-43-45-21-14-000-5470 5,662.80 $30,000.00 R-2 Duplex CHERRY HILLS LTS 547 nue & 548 24 425 NW 13th Avenue 08-43-45-21-14-000-5490 2,949.01 $15,000.00 R-2 Duplex CHERRY HILLS LT 549 25 427 NW 13th Avenue 08-43-45-21-14-000-5500 2,949.01 $15,000.00 R-2 Duplex CHERRY HILLS LT 550 26 429 NW 13th Avenue 08-43-45-21-14-000-5510 2,949.01 $15,000.00 R-2 Duplex CHERRY HILLS LT 551 27 431 NW 13th Avenue 08-43-45-21-14-000-5520 2,949.01 $15,000.00 R-2 Duplex CHERRY HILLS LT 552 28 430 NW 13t h Avenue 08-43-45- 21-14-000-4740 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 474 29 432 NW 13th Avenue 08-43-45-21-14-000-4730 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 473 30 434 NW 13th Avenue 08-43-45-21-14-000-4720 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 472 800.331 .6620 FISHER AUCTION COMPANY www.Fi h rau i nmcom 4 age 807 of X73 i PROPERTY INVENTORY Auction Addresses Parcel Control Numbers Lot Size/SF 2020 PBC Zoning Legal Description Lot# Market Value 31 436 NW 13th Avenue 08-43-45-21-14-000-4710 2,548.26 $15,000.00 R-2 Duplex CHERRY HILLS LT 471 (LESS TRGLR PAR IN 32 502-508 NW 13th Ave- 08-43-45-21-14-000-4670 101890 $51,000.00 R-2 Duplex CHERRY HILLS LTS 467 nue TO 469 & LT 470 (LESS TRGLR PAR IN OR4361131202) INC 33 507-509 NW 12th Ave- 08-43-45-21-14-000-4360 10,454.40 $30,000.00 R-2 Duplex CHERRY HILLS LTS 436 nue TO 439 INC 34 515 NW 12th Avenue 08-43-45-21-14-000-4400 5,214.13 $30,000.00 R-2 Duplex CHERRY HILLS LTS 440 &441 35 517 NW 12th Avenue 08-43-45-21-14-000-4420 5,214.13 $30,000.00 R-2 Duplex CHERRY HILLS LTS 442 &443 36 530-530 1/2 NW 12th 08-43-45-21-14-000-3821 3,920.40 $30,000.00 R-2 Duplex CHERRY HILLS E 1/2 Avenue OF LT 382 & LT 383 37 532-532 1/2 NW 12th 08-43-45-21-14-000-3811 3,920.40 $30,000.00 R-2 Duplex CHERRY HILLS LT 381 Avenue &W 1/2 OF LT 382 38 534-534 1/2 NW 12th 08-43-45-21-14-000-3791 3,920.40 $30,000.00 R-2 Duplex CHERRY HILLS E 1/2 Avenue OF LT 379 & LT 380 39 536-536 1/2 NW 12th 08-43-45-21-14-000-3780 3,920.40 $30,577.00 R-2 Duplex CHERRY HILLS LT 378 Avenue &W 1/2 OF LT 379 `` 800as HER AUCTION COMPANY www.Fi h rau i nmcom 4 age 808 of §73 a 1 PROPERTY PHOTOGRAPHS I� } i41,• ,� \r 14 r t r t\\\ "d}S}i "-1Y )1 til{) .i pp'm ` Yis.l� fi i{,j pt it Sr t Sratlt ' t t ', { ,., r EON --- 'y�st S\�' � A \ r 1•"(� 174). 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Unfinished Business 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Proposed Resolution No. R21-114-Approve and authorize a second addendum to the Franchise Agreement with FLSC, LLC., for a textile recycling program and designate an allocation and use of funds policy for this contract. Explanation of Request: On July 17, 2018 the City Commission authorized the City Manager to enter into a Franchise Agreement with FLSC, LLC, d/ b/ a Florida Textile Recycling Programs of Davie, Florida for a Textile Recycling Franchise, RFP No. 009-1210-18/IT, for an initial three (3) year term. The original Franchise Agreement was negotiated as a revenue generating agreement whereby FLSC, LLC., was to pay to the City a fixed monthly fee of$2,000.00 per bin (up to 50 bins), or $100,000.00 annually, whichever was greater for the exclusive right to implement a Textile Recycling Program for City-wide Franchise Program. At the June 2, 2020 City Commission meeting a proposal was made by the franchisee to modify the Franchise Agreement. The addendum to the agreement modified the franchise revenue from from 50 bins to the allowance of no more than 15 bins. In addition, FLSC, LLC. is only required to pay for bin locations that are on a property the month before. At the August 3rd, 2021 Commission Meeting the amended agreement was brought back to the City Commission under the same terms as $166.67 per bin per month or $2,000 annually per bin per location currently only having 10 bins. The item was tabled and staff was directed to renegotiate the renewal terms with the vendor. As a result, the vendor has agreed only to "make every attempt" in the last two years of the contract to install up to 20 bins. The attached addendum maintains the current franchise agreement at a rate of$175.11 per bin per month ($21,012.60 annually with CPI adjustment) (up to 15 bins) from the contract period August 7, 2021 through August 6, 2022. Thereafter, for the remaining term of the contract, FLSC, LLC, would "make every attempt" to increase the number of bins to 20, resulting in a potential annual revenue of$42,025.29. Additionally, the City Commission had requested designating a portion of these funds to be used towards specific projects. Funds collected last year were $20,000.00 for the bins in addition to the back payment amount of$31,667.69. At the August 3rd, 2021 Commission meeting, $1,800.00 of these funds were designated to Roots and Wings (Non-Profit Org.). Should the Commission desire to utilize a portion of these revenues as an additional source to their "Community Support Funds", a percentage should be identified. Allocation of these funds shall follow the same procedure as the Community Support Fund Policy (see attached) adopted by the Commission. How will this affect city programs or services? Reallocation of general revenue source to Community Support Funds. Fiscal Impact: Anticipated annual revenue of$21,012.65 (10 bins) up to $42,205.29 (20 bins). Page 810 of 973 Alternatives: Not approve renewed contract (therefore cancel) or renegotiate with vendor. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Resolution Resolution to Approve Second Addendum to Textile Franchise Agreement D Addendum Second Addendum to Textile Franchise Agreement D Attachment Renewal Letter D Attachment Community Support and Policy Page 811 of 973 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 5 SECOND AMENDMENT TO THE FRANCHISE AGREEMENT WITH FLSC, 6 LLC., FOR A TEXTILE RECYCLING PROGRAM AND DESIGNATE THE USE 7 OF FUNDS POLICY FOR THIS REVENUE GENERATING CONTRACT;AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, On July 17, 2018 the City Commission authorized the City Manager to 12 enter into a Franchise Agreement with FLSC, LLC, d/b/a Florida Textile Recycling Programs 13 of Davie, Florida for a Textile Recycling Franchise, RFP No. 009- 1210- 18/IT, for an initial 14 three (3) year term; and 15 WHEREAS, At the June 2, 2020 City Commission meeting a proposal was made 16 by the franchisee to modify the Franchise Agreement. The addendum to the agreement 17 modified the franchise revenue from from 50 bins to the allowance of no more than 15 18 bins. In addition, FLSC, LLC. is only required to pay for bin locations that are on a property 19 the month before; and 20 WHEREAS, The attached addendum puts into place the current franchise 21 agreement at a rate of$175.11 per bin per month ($2,101.26 annually with CPI adjustment) 22 (up to 15 bins) from the contract period August 7, 2021 through August 6, 2022. The 23 additional contract years from August 7, 2022 through August 6, 2024 would make every 24 attempt to increase the amount of bins that could be put out to at least 20 bins but no 25 more than 50, resulting in approximate revenue increase of $42,025.29 annually plus CPI, 26 whichever is greater; and 27 WHEREAS, this is a revenue generating contract and the City Commission has 28 requested designating a portion of these funds to be used towards specific projects; and 29 WHEREAS, allocation of funds from this revenue generating contract would follow 30 the same policy as the Community Support Funds and would have to be approved by 31 Commission before being expended. 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 33 OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Second Addendum To Textile Franchise Agreement -Reso.Docx Page 812 of 973 34 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption 37 hereof. 38 Section 2. The City Commission approves and authorizes the City Manager to sign 39 a Second Addendum to Franchise Agreement with FLSC, LLC., for a textile recycling program 40 and designate the use of funds policy for this revenue generating contract, a copy of the 41 Second Addendum is attached hereto as Exhibit "A". 42 Section 3. This Resolution shall become effective immediately upon passage. 43 PASSED AND ADOPTED this 8th day of September, 2021. 44 CITY OF BOYNTON BEACH, FLORIDA 45 46 YES NO 47 48 Mayor— Steven B. Grant 49 50 Vice Mayor—Woodrow L. Hay 51 52 Commissioner—Justin Katz 53 54 Commissioner— Christina L. Romelus 55 56 Commissioner—Ty Penserga 57 58 59 VOTE 60 ATTEST: 61 62 63 64 Crystal Gibson, MMC 65 City Clerk 66 67 68 (Corporate Seal) S:\CA\RESO\Agreements\Second Addendum To Textile Franchise Agreement -Reso.Docx Page 813 of 973 SECOND ADDENDUM TO FRANCHISE AGREEMENT This Second Addendum ("Addendum") to the Franchise Agreement ("Agreement") between the City Of Boynton Beach, Florida and FLSC, LLC for textile recycling and collection is entered into this 8thth day of September, 2021. WHEREAS, the CITY issued a Request for Proposals for the operation of a Textile Recycling and Collection Franchise; and WHEREAS, the CONTRACTOR, in response to the RFP (009-1210-18/IT), submitted a proposal which was relied upon by the CITY in selecting the CONTRACTOR to operate the Textile Recycling and Collection Franchise; and WHEREAS,the CONTRACTOR encountered operational challenges which resulted in an inability to make timely franchise fee payments; and WHEREAS, Contractor has proposed new terms and conditions of the Agreement which the City is amenable to as hereinafter set forth and shown as amendment to specific section of the Agreement. NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, CITY and CONTRACTOR agree to the amendments of the Agreement as follows. H. Collection Bin shall mean any metal receptacle, with a defined capacity equal to a maximum of 800 pounds designed or intended to be manually dumped into a loader- packer type collection truck. All such Containers must be clearly marked in a manner that identifies it as a Textile Recycling receptacle (a/k/a collection receptacle) so as to prohibit their use for the disposal of other solid waste, medical waste, hazardous waste or foreign objects. The receptacle shall display the CITY logo and CONTRACTOR information, including the name, telephone number, and physical address of the business. CONTRACTOR shall put the following statement on each collection receptacle: "This is not a charity. Textile recycling collections made here support a for- profit business and are not tax deductible." In addition, these containers shall include a notification system that will help limit the number of container pickups. The quantity, style and color(s) of the Textile Recycling Collection Receptacles shall be approved by the City Manager or his/her designated representative(s). K. Contract Year shall begin on A u g u s t 6, 2 0 2 1 at 12:00 a.m., EST, through August 7th, 2022 at 11:59p.m., EST. Each subsequent year shall begin on August 6th. and end on August 7th. The Agreement ends August 5, 2024 with an option to renew for an additional 3 year term. 100379799.2 306-90015211 1 Page 814 of 973 3.2 COLLECTION BIN LOCATIONS Upon contract execution, CONTRACTOR must make every attempt to erect, in the second year of the contract, at least 20 collection bins, but no more than 50 collection bins, in consideration for the annualized Franchise Fee with the annualized CPI Increase. Year one of the contract will remain at the annualized Franchise Fee with the CPI Increase ("$2101.26 per bin location per year ($175.11 per bin location per month)"), at no more than 15 bin locations, on approved CITY or private properties. Contractor will only pay for bin locations that are on a property the month before. The City Manager or his/her designated representative(s)must approve of all proposed containers prior to placement. The day bin trucks shall be utilized at a maximum of 4 high volume locations and may be in operation from 9:OOAM-5:OOPM daily. These trucks must be attended and removed daily.No overnight parking is permitted. The City Manager or his/her designated representative(s) reserves the right to deny the CONTRACTOR's collection bins access to certain public lands inside the CITY where it is in the best interest of the general public to do so due to conditions of such areas, including aesthetics, streets and traffic flow. The CONTRACTOR shall use best efforts to not interrupt the quality of life for any residents. No collection of any Textile Recycling Collection Bin may be undertaken before 7:OOA.M. or after 7:OOP.M. on any week day and no collection may occur on any Saturday, Sunday or Holiday. CONTRACTOR may seek exemption for collection regulations found herein from the City Manager or his/her designee if it can be shown that no deleterious impact upon Boynton Beach residents will occur. Prior to its placement of a Textile Recycling Collection Bin on a CITY-OWNED property, CONTRACTOR shall request and receive the written approval of the CITY for any Public Property location placement; Prior to the placement of any Textile Recycling Collection Bin on privately-owned property, the CONTRACTOR shall submit written authorization from the Private Property Owner permitting said placement that shall be submitted to the CITY prior to the approval of any private property location. SECTION 4: FRANCHISE AGREEMENT TERMS 4.1 FRANCHISE FEES The Franchise Fees I Payments shall be paid as follows: CONTRACTOR will pay annually to the CITY $2,101.26 per bin location (with CPI adjustment) as Guaranteed Annual Revenue. The Guaranteed Annual Revenue will be paid on a prorated basis with a $175.11 per bin location per month payment due the first day of each month during the Term of this Agreement. Commencing A u g u s t 7, 2 0 2 1 through August 6, 2022. For subsequent renewal years August 7, 2022- August 6, 2024 the guaranteed revenue stated above, 100379799.2 306-90015211 2 Page 815 of 973 will be adjusted in accordance with the Consumer Price Index- All Urban Consumers' (Series IDCUURA320SAO and CUUSA320SAO) for Miami-Fort Lauderdale as published by the US Department of Labor, Bureau of Labor Statistics, or successor agency. The vendor will make every attempt to increase from fifteen (15) bins to at minimum twenty (20) (no more than 50) in years two through four of this current addendum. If the agreement is terminated the parties agree that any payments due, will be prorated to the actual termination date. SECTION 18: PRIOR AGREEMENTS SUPERSEDED This Addendum, together with the Agreement represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Addendum and the Agreement that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement,whether oral or written. All other terms and conditions set forth in the Agreement. exceUt as modified in this Addendum,will remain in full force and effect for the term of the Agreement IN WITNESS WHEREOF, the parties have caused these presents to be executed and attested to by their duly authorized officers or representatives and their official seals to be affixed hereon, the day and year first above written. CITY OF BOYNTON BEACH, FLORIDA Attest: By: Crystal Gibson, MMC, City Clerk Lori LaVerriere, City Manager day of 2021 Approved as to form and legality by Office of the CITY Attorney By: James A. Cherof, CITY Attorney 100379799.2 306-90015211 3 Page 816 of 973 CONTRACTOR WITNESSES: FLSC, LLC By: Signature Print Name and Title Print Name and Title day of 2021 day of 2021 Signature Print Name and Title day of 2021 STATE OF FLORIDA COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,personally appeared by means of❑physical presence or ❑ online notarization, as , of FLSC, LLC., an organization authorized to do business in the State of Florida, and acknowledged executed the foregoing Contract as the proper official of FLSC, LLC., for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. He/she is personally known to me, or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of , 2021. NOTARY PUBLIC My Commission Expires 100379799.2 306-90015211 A Page 817 of 973 The City of Boynton Beach FinancelProcurement Services 100,E Ocean Avenue, Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach,Horido 33425-0310 Telephone No:(5611742-6310 August 26, 2021 Marc Douglas, Managing Member FLSC, LLC. d/b/a FLORIDA Textile Recycling Programs 3911 SW 47th Avenue Suite 903 Davie, Florida 33314 VIA EMAIL TRANSMITTAL TC marc textj leprog rams.cors RPF., TEXTILE RECYCLING AND COLLECTION PROGRAM RFP No.: 009-1210-18/IT CURRENT AGREEMENT TERM: AUGUST 7, 2018-AUGUST 6, 2021 Dear Mr. Douglas' The current agreement term for'TEXTILE RECYCLING AND COLLECTION PROGRAM" expires August 6, 2021. The agreement documents allow for one(1)additional three(3)year extension.The City of Boynton Beach would like to extend the agreement renewal for the additional three-year period with the attached terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to prattt9, b,bf1.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at(561)742-6308, Sincerely, lykjL IN 1111111119-- &Mao Mara Frederiksen Director of Financial Services tp America's Gateway to the GUVStrearn Page 818 of 973 The City o Boynton Beach FnoncelProcurernent Services 100 L Ocean Avenue „ Boynton Bench, FL 33435 ` P.U. Box 31 Boynton Beach, Florida 3.3425-031€7 Telephone Alo:°X551}742-5310 August 261h, 2021 RFP,: TEXTILE RECYCLING AND COLLECTION PROGRAM RFP No., 033-231 .18tIT Agreement between the City of Boynton Reach and FLSC, LLC a Florida limited liability company, dlbla Florida Textile Recycling Programs. AGREEMENT RENEWAL TERM; AUGUST 7, 2021 AUGUST 6, 2+ 24 Yes, I agree to renew the existing agreement under the second addendum conditions, and pricing for an additional three-year terra, No, I de net wish to renew the bid for the following reason(s) FLSC, LLC 1 D3.A. rLORIDA TEXTILE RECYCLING PROGRAMS NAME OF COMPANY All NAME OF REPRESENTATIVE TITLt- (please print) DATE, (AREA CODE)TELEPHONE NUMBER �,�'re %�_ I�f� �Xoy 7 r id E-MAIL America's Gateway to the Gulf stream Page 819 of 973 R15-055 CITY OF BOYNTON BEACH COMMUNITY SUPPORT FUNDS POLICY PURPOSE: The purpose of the Community Support Funds (CSF) is to provide a source of discretionary funding to support projects, programs and activities in the City which are accessible and beneficial to the citizens of the City. Due to the broad and diverse nature of programs or projects that may be eligible for funding from the Community Support Funds, no specific list of eligible projects, programs, or activities is appropriate. SCOPE: This policy recognizes that there is a specific line item in the City Commission portion of the City's annual budget. Each year, in the annual budget adoption process, the City Commission shall consider an appropriation for Community Support Funds. The Commission is not required to appropriate Community Support Funds but when it does, the amount appropriated, if any, shall be available for distribution by the Mayor and City Commissioners in equal amounts only for qualified programs or projects. By way of example: If the Commission budgets $10,000, the Mayor and each Commissioner may request distributions up to $2,000 for the year that the funds are appropriated. CRITERIA FOR ELIGIBILITY: Eligibility for funding shall be conditioned on a finding by the City Commission that: 1. Public funds should not be used to improve private property unless there is a clear public need, purpose and benefit; and 2. The recipient/payee will use 100% of the funds to provide services within the City; and 3. The public purpose is beneficial to the entire community served by such donation and to the City as a whole; and 4. Proper safeguards shall be implemented by the City administration to assure that the funds will be used for the stated purpose, such as: a. Prior to receiving any funds, the recipient must complete a W-9 Request for Taxpayer Identification Number Form in order to be added to the City's vendor list. b. Within 60 days of receipt of funds, the recipient must provide the Finance Director appropriate backup documentation demonstrating the funds were used for the stated purpose approved by the Commission. c. Should the recipient fail to submit the appropriate documentation within the allotted time, the City Commission may deem the recipient ineligible for any future funding. The findings of the City Commission as to each of these required elements shall be inferred from the Commission's approval or disapproval of the requested distribution without the need for separate findings. PROCEDURE FOR CONSIDERATION OF EXPENDITURES: The procedures for C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\OE7CE165-B3B9-48F7-8C08-BF91FC08DBBC\Boynton Beach.28052.1.Community_Support_Funs_Policy.2015_(002).doc Page 820 of 973 R15-055 expenditures from the Community Support Funds are as follows: 1. The Mayor or any member of the City Commission shall make a request to the City Clerk for the expenditure of funds. The requesting member of the City Commission must have a written request from the entity seeking funds. The written request must contain a narrative explanation indicating how the funds will be used and an affirmative acknowledgement that the requestor understands and will comply with the above listed conditions for eligibility and use. The written request will be forwarded to the City Commission along with Exhibit "A" (see Step 2). 2. The City Clerk shall complete a Community Support Fund Request Form (form attached as Exhibit "A") and confirm the funds are available with the Finance Director. 3. If the appropriate funds are available, the City Clerk will schedule the matter to be considered by the City Commission at the next scheduled City Commission meeting under New Business. 4. The City Commission shall act on the request for expenditure by approving or disapproving the agenda item. A majority vote is required for approval of the expenditure. DISCRETIONARY NATURE OF COMMISSION ACTION: The decision of the City Commission to approve or disapprove a requested distribution of Community Support Funds is discretionary and is not subject to appeal, review or challenge. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\OE7CE165-B3B9-48F7-8C08-BF91FC08DBBC\Boynton Beach.28052.1.Community_Support_Funs_Policy.2015_(002).doc Page 821 of 973 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQ UES T FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: Requested by Mayor/Commissioner: Amount Requested: $ Recipient/Payee: Description of project, program, or activity to be funded: Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $ The balance of funds available for the requesting Member of the Commission is Accordingly: Li There are funds available as requested Li There are insufficient funds available as requested Dated: By: City Clerk Part III-Eligibility Evaluation Li Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit Li The recipient/payee provides services within the City Li The public purpose is beneficial to the entire community served by such donation Dated: By: C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\OE7CE165-B3B9-48F7-8C08-BF91FC08DBBC\Boynton Beach.28052.1.Community_Support_Funs_Policy.2015_(002).doc Page 822 of 973 R15-055 Requesting Member of the City Commission C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\OE7CE165-B3B9-48F7-8CO8-BF91FC08DBBC\Boynton Beach.28052.1.Community_Support_Funs_Policy.2015_(002).doc Page 823 of 973 11.A. New Business 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Proposed Resolution No. R21-115- Review, Select, Award and Authorize the City Manager to sign an agreement, subject to City Attorney approval, with the awarded University for the purpose of updating the geographic boundaries of City Commission Voting Districts in the City of Boynton Beach. Explanation of Request: On July 23, 2021, the Request for Quote for the 2020 Redistricting of Geographic Voting Boundaries was sent to three (3) nonprofit public universities, Florida Atlantic University, Florida International University, and the University of West Florida. On August 4, 2021, Procurement Services opened the two (2) quotes received and Procurement Services reviewed and forwarded to the Assistant City Manager for review. Florida Atlantic University Board of Directors $27,500.00 The Florida International University Board of Trustees $46,591.00 On August 10, 2021, Procurement Services contacted additional Universities to obtain more quotes for review and consideration (UF, FGCU, UCF, FSU, and USF). The quote deadline was a)dended to August 23, 2021. No additional quotes were received as procurement staff was informed by the Universities that each University primarily works only within their particular geographic boundaries for services such as this. The two responding Universities are within our geographic boundary and are qualified to perform this service for the City. Article I of the City Charter, Section 3(g), which sets out the time frame for designating geographic boundaries, i.e., "Geographic boundaries for each voting district shall be designated, prepared and identified, commencing ninety (90) days after the 2020 Census report is published, and every ten (10) years thereafter, by contract to the City of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida." The two (2) received quotes have been attached for review and selection by the City Commission. It is anticipated the Census will be released on September 16, 2021. How will this affect city programs or services? Fiscal Impact: This project will be funded out the FY 20/21 Budget. Alternatives: This is a requirement of the City Charter. Strategic Plan: Page 824 of 973 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Resolution Resolution approving award to University for Redistricting boundaries D Attachment Request for Quote D Tab Sheets Tabulation D Quotes Quote® F1 U D Quotes Quote® FAU Page 825 of 973 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AWARD AND AUTHORIZING THE CITY MANAGER 5 TO SIGN AN AGREEMENT, SUBJECT TO CITY ATTORNEY 6 APPROVAL, WITH THE AWARDED UNIVERSITY FOR THE 7 PURPOSE OF UPDATING THE GEOGRAPHIC BOUNDARIES OF 8 CITY COMMISSION VOTING DISTRICTS IN THE CITY OF 9 BOYNTON BEACH;AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the City of Boynton Beach Charter Article I , Section 3(g), sets out the time 12 frame for designating geographic boundaries, i.e.., "Geographic boundaries for each voting 13 district shall be designated, prepared and identified, commencing ninety (90) days after the 14 2020 Census report is published, and every ten (10) years thereafter, by contract to the City of 15 Boynton Beach with a four (4) year college or university or educational research institution 16 located within the State of Florida to be selected by the City Commission of the City of Boynton 17 Beach, Florida." And 18 WHEREAS, on July 23, 2021, a Request for Quote for the 2020 Redistricting of 19 Geographic Voting Boundaries was sent to three (3) nonprofit public universities, Florida 20 Atlantic University, Florida International University, and the University of West Florida; and 21 WHEREAS, on August 4, 2021, Procurement Services received and opened two (2) 22 quotes,they were reviewed by Purchasing Service and forwarded to the Assistant City Manager 23 for review; and 24 WHEREAS, pursuant to the City Charter Article I, Section 3(g), at the September 8, 2021 25 City Commission meeting, the Commission awarded the geographic boundary contract to 26 University; and 27 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 28 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 29 approve an award and authorize the City Manager to sign an agreement, subject to City 30 Attorney approval, with University for the purpose of 31 updating the geographic boundaries of City Commission Voting Districts in the City of Boynton 32 Beach. 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 34 BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Award Agreement with University for Geographic Boundaries-Reso.docx -1 - Page 826 of 973 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption. 37 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 38 approves an award and authorize the City Manager to sign an agreement, subject to City 39 Attorney approval, with University for the purpose of 40 updating the geographic boundaries of City Commission Voting Districts in the City of Boynton 41 Beach. A copy of the Agreement is attached hereto and incorporated herein as Exhibit "A". 42 Section 3. That this Resolution shall become effective immediately. 43 PASSED AND ADOPTED this 8th day of September, 2021. 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 47 Mayor— Steven B. Grant 48 49 Vice Mayor—Woodrow L. Hay 50 51 Commissioner—Justin Katz 52 53 Commissioner— Christina L. Romelus 54 55 Commissioner—Ty Penserga 56 57 VOTE 58 ATTEST: 59 60 61 Crystal Gibson, MMC 62 City Clerk 63 64 65 (Corporate Seal) S:\CA\RESO\Agreements\Award Agreement with University for Geographic Boundaries-Reso.docx -2- Page 827 of 973 The City of Boynton Beach FINANCE/PROCUREMENT SERVI CES 100 East Ocean Avenue P.O. Box 310 Boynton Beach, Florida 33435-0310 561-742-6310 c REQUEST FOR QUOTATION FOR THE 2020 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES QUOTE No. 099-2410-21 QUOTES MUST BE RECEIVED ON OR BEFORE: August 04, 2021 no later than 5:00 P.M. The Quote number listed above must appear on all quotations and related correspondence. This is not an order. This inquiry implies no obligation on our part. The City of Boynton Beach is requesting quotations with professional consultant services for the 2020 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES. Please see the attached "Specifications" page and the "Schedule of Pricing" page. Special Note: You may email your response to this solicitation to Kristeena Pinto, Purchasing Manager, PintoK(a_bbfl.us; or mail to the City of Boynton Beach, Finance/Procurement Division, 100 East Ocean Avenue., Boynton Beach, FL 33435. Any questions relative to any item(s) or portion of this request should be directed to Kristeena Pinto at (561) 742-6322; Monday through Friday, 8:00 A.M. to 5:00 P.M. Quotes received after the assigned date and time will not be considered. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that a quote can be considered. If no award has been made, the City reserves the right to consider quotes that have been determined by the City to be received late due to mishandling by the City after receipt of the quote. The purpose and intent of this "Request for Quotation" is based on Article I of the City Charter, Section 3(g), which sets out the time frame for designating geographic boundaries, i.e., "Geographic boundaries for each voting district shall be designated, prepared and identified, commencing ninety (90) days after the 2020 Census report is published, and every ten (10) years thereafter, by contract to the City of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida." Page 828 of 973 SPECIFICATIONS FOR QUOTE No. 099-2410-21 The purpose and intent of this "Request for Quotation" is to seek competitive quotes for the 2020 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES. The selected university consultant will assist the City of Boynton Beach in preparing redistricting options for the City of Boynton Beach City Commission. The scope of work involves a series of tasks set to begin in August 2021 and end in January 2022. Narrative Description of Tasks 1. Establishing the Redistricting Criteria It is understood that the City of Boynton Beach Commission has agreed to use the following criteria to guide the redistricting process: a) To the extent practical with existing precinct boundaries, achieve population equality among the districts. b) Adhere to Section 2 of the Voting Rights Act of 1965, as amended and interpreted through case law. c) Follow major natural and manmade boundaries. d) Maintain the integrity of communities of interest, including municipal boundaries. e) Ensure compactness and contiguous districts. f) Preserve the core of the existing voter districts. g) Evaluate possible shift to Palm Beach County Election Precincts to achieve continuity and coherence of City Commission Districts. 2. Data Collection Will acquire both the geographic and attribute information to support the redistricting analysis. The required redistricting data have three (3) main elements: geographic, demographic, and voting registration/election data. a) Demographic Profiling Information 1) 2020 U.S. Census Population Data (Public Law 94-171 Redistricting Data, Universe: Total Population). Source: U.S. Census Bureau 2) 2020 U.S. Census Population Data for Racial/Ethnic Background (Public Law 94-171 Redistricting Data, Universe: Population of two or more races). Source: U.S. Census Bureau b) Voter Registration and Election Information In cooperation with the Palm Beach County, Supervisor of Elections, the City of Boynton Beach Department of Development, and the selected university consultant will obtain the most current Voter Registration information (gender, party affiliation, and racial composition) as well as election information from two previous elections as provided by the Palm Beach County Board of Elections Commission to analyze voter turnout. It is imperative that the voter registration and election information be provided at the precinct level (requiring that the dataset include the individual precinct number as well as the demographic information). 1) Current voter Registration Data at the Precinct-Level: Information would include total registered voters, gender, racial and/or ethnic composition, and party affiliation. Source: Florida Legislature, Florida Redistricting Page 829 of 973 Election Data Set (FREDS) or Palm Beach County Board of Elections. Format: dBase. 2) Previous election information would include a total number of registered voters by precinct who turned out for two elections as well as demographic information about the voter such as gender, racial composition, and party affiliation. Source: FREDS or Palm Beach County Board of Elections. Format: dBase. Estimated Timeframe: August- September 2021 3. Data Integration to Generate Existing District Map and Support Maps The university consultant will integrate both the demographic and voting information with GIS maps of the City of Boynton Beach. The map layers will include precinct boundaries, census block query boundaries, roads and streets, and other geographic information. At a minimum, the following maps will be developed using this information: a) Map depicting Total Population Totals and Percentages by Existing Districts. b) Map depicting Racial Ethnic Composition Totals and Percentages by Existing Districts. c) Map depicting Racial/Ethnic Composition Totals and Percentages at Census Block Group Level. d) Map depicting Number of Registered Voters in each Existing District e) Map depicting Party Affiliation by Voting Precinct f) Map depicting Voting Turnout for past elections. The above-referenced maps will be provided in digital format to the City as shapefiles or in a geodatabase (Esri ArcGIS) and PDF format for dissemination. The maps will be produced in both 11" X 17" and 36" X 44" media format for presentation purposes. Estimated Timeframe: August- September 2021 4. Meet With City Commissioners The university consultant will meet with each Commissioner to identify and discuss concerns regarding the redistricting process. The format and schedule of the meetings will be based upon the following: a) Pre-Planning Meeting: b) Draft Review of Options Meeting: c) Final Review of Options Meeting: 5. Prepare and Present the Redistricting Option Maps to the City Commission The university consultant will prepare and present several redistricting options to the Boynton Beach City Commission for review and comments. Each Commissioner will be provided with a redistricting packet containing the following items: a) Map overlay of Proposed District Boundaries, Major Roadways, and voting Precincts within the Districts. b) Racial/Ethnic Composition totals and Percentages by Proposed Districts. c) Table depicting voter-related information, such as the number of registered voters per district, racial/ethnic composition of registered voters, total registered voters, and party affiliation assigned to each proposed option will be provided only for redistricting options. Page 830 of 973 d) In addition, the university consultant will contact the Palm Beach County Elections Supervisor's Office to ascertain if that agency is receptive to shifting or realigning election precincts to better balance City Commission Districts. Estimated Timeframe: September- October 2021 6. Review Process of Maps Submitted by Outside Parties Redistricting proposals will be provided in either PDF and ArcGIS(shapefiles or geodatabase) format that includes the following fields: a) Census Block Number b) Proposed District Number Assigned to that Census Block c) Population Total for that Census Block 7. Review Recommendations for Revisions and Modify Approved Changes to the Redistricting Option Maps The university consultant will revise the redistricting options following input from City of Boynton Beach officials. Estimated Timeframe: November- January 2022 8. Presentation of the Final Version of the Redistricting Option Map(s) Based upon the comments and recommendations received from the Boynton Beach City Commissioners, the university consultant will present the final version of the Redistricting Options for final approval by the Commission. PDF format for dissemination to the public and other interested parties. The university consultant will provide the ArcGIS files to Boynton Beach GIS for its use in disseminating information to the public Estimated Timeframe: November 2021 9. Submittal of Redistricting Map Approved by the City and Narrative Information Regarding District Boundaries a) The university consultant will provide the approved redistricting option to the City Engineer and the City will develop the legal narratives of each district boundary. b) In the event that an outside party's map is approved, the university consultant will develop the map in ArcGIS format. c) It is the responsibility of the outside party to provide the boundary narratives to the City Engineer. Estimated Timeframe: January 2022 Page 831 of 973 INVOICING All materials and data files developed for the City under this agreement shall become the sole property of the City and shall be available to the City. Invoice for initial payment shall be sent to the Finance Director at City Hall for service rendered through the point of submission of boundary configurations to the appropriate city office or staff. Invoice for final payment shall be sent to the Finance Director at City Hall upon completion of the project. Completion shall be defined to mean the time when a Final Report has been made to the City Commission. Consultant will enter into Agreement with the City after Commission approval. A "Draft Agreement" is attached to this Request for Quote. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Page 832 of 973 CITY OF BOYNTON BEACH REQUEST FOR QUOTATION QUOTE No. 099-2410-21 SCHEDULE OF PRICING To All Proposers: The undersigned proposes to deliver the service in accordance with the specifications for the TOTAL amount of: UNIVERSITY NAME DATE REPRESENTATIVE (please print) TITLE SIGNATURE TELEPHONE NO. FAX NO. EMAIL ADDRESS Page 833 of 973 Draft Contract Subject to modification and final approval by City Attorney PROFESSIONAL SERVICES AGREEMENT FOR THE 2020 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY', and , hereinafter referred to as "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, THE CITY issued a REQUEST FOR QUOTES FOR THE 2020 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES, QUOTE No. 099-2410-21; and WHEREAS, QUOTE No. 099-2410-21 defined Scope of Services for the 2020 Redistricting of Geographic Voting Boundaries; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in QUOTE No. 099-2410-21; and WHEREAS, the City Commission on , 2021, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the REQUEST FOR QUOTE; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform the 2020 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES services outlined in QUOTE No. 099-2410-21 and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. CONSULTANT'S RESPONSIBILITIES a. Establishing the Redistricting Criteria b. Data Collection and Integration Generate Existing District Map and Support Maps c. Meet with City Commissioners d. Prepare and Present the Redistricting Option Maps to the City Commission e. Review Recommendations, Revisions and Modify Maps f. Presentation of the Final Version Page 834 of 973 The CITY's Representative during the performance of this Contract shall be telephone The CONSULTANT'S Representative during the performance of the Contract shall be telephone ARTICLE 2 - TERM 2.1 This Agreement shall be for a period of five (5) months, commencing on the date the Agreement is executed by the City. The Services to be performed will be governed by this Agreement, and that there is no guarantee of future work being be given to the Consultant. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Agreement shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of a purchase order and delivered to CONSULTANT. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the purchase order. ARTICLE 4 - PAYMENT 4.1 PAYMENT. The Professional shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Professional shall be made promptly on all invoices submitted to the City properly and in accordance with "PRICE PROPOSAL". b. The Professional may submit invoices to the City during the progress of the contract term. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Professional in the amount approved. c. Final payment of any balance due the Professional of the total price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Professional's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this agreement Page 835 of 973 shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawing and specifications for information, reference and use in connection with CONSULTANT's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for TREE PLANTING SERVICES. In submitting its response to the RFP, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION 9.1 CONSULTANT shall indemnify and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own employees, or damage to property occasioned by a negligent act, omission of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies Page 836 of 973 of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per occurrence ARTICLE 11 - INDEPENDENT CONSULTANT 11.1 CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. Page 837 of 973 ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13— TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 -ASSIGNMENT 15.1 The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON-WAIVER 16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. Page 838 of 973 ARTICLE 17— TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. ARTICLE 18 - DISPUTES 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19— UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address- City of Boynton Beach Attn: Lori LaVerriere, City Manager 100 E. Ocean Avenue Boynton Beach, FL 33435 Notices to CONSULTANT shall be sent to the following address: Consultant: ADDRESS CITY/STATE/ZIP Attn: Tel: Page 839 of 973 Fax- Email- ARTICLE ax:Email:ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the QUOTE and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ARTICLE 23— PUBLIC RECORDS 23.1 Sealed documents received by the CITY in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT shall: A. Keep and maintain public records required by the CITY to perform the service; Page 840 of 973 B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY; and D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost to the CITY, all public records in CONSULTANT'S possession. All records stored electronically by CONSULTANT must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6061 GIBSONC@BBFL.US ARTICLE 24— SCRUTINIZED COMPANIES 287.135 and 215.473 24.1 By submission of this Quote, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONSULTANT been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to CONSULTANT of the CITY's determination concerning the false certification. CONSULTANT shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONSULTANT shall have ninety (90) days following receipt of the Page 841 of 973 notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONSULTANT does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. ARTICLE 25— E-VERIFY 25.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub- consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's EVerify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as Page 842 of 973 amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 843 of 973 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12021. CITY OF BOYNTON BEACH CONSULTANT City Manager Signature/ Name Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Witness Page 844 of 973 o � o � i C) Z C) ti (A O LO m Cb o C) O (6 C � �a ti ` N Q 69. 'i O W Q Z O i y � O Z O L G � r O i le G 69. U a I.L N V N 0LOLO W co 'n O V U C LL Q a O m 0 0 a� o Z N o Y p oN N CO) tm U_ o cc c LL to E U "O N +O� N_ o o) N Q Q L6 o N N VJ Z C a Q � O O p Z N O 0UJ N m W N WWO CL a� O CL N 0 0 a in > OU 0 The City of Boynton Beach FI NANCE/PROCUREMENTSERVI CES 100 East Ocean Avenue P.O.Box 310 Boynton Beach,Florida 33435-0310 561-742-6310 REQUEST FOR QUOTATION FOR THE 2020 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES QUOTE No. 099-2410-21 QUOTES MUST BE RECEIVED ON OR BEFORE: August 04, 2021 no later than 5:00 P.M. The Quote number listed above must appear on all quotations and related correspondence. This is not an order. This inquiry implies no obligation on our part. The City of Boynton Beach is requesting quotations with professional consultant services for the 2020 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES. Please see the attached "Specifications" page and the "Schedule of Pricing" page. Special Note: You may email your response to this solicitation to Kristeena Pinto, Purchasing Manager, PintoKp_bbfl.us; or mail to the City of Boynton Beach, Finance/Procurement Division, 100 East Ocean Avenue., Boynton Beach, FL 33435. Any questions relative to any item(s) or portion of this request should be directed to Kristeena Pinto at (561) 742-6322; Monday through Friday, 8:00 A.M. to 5:00 P.M. Quotes received after the assigned date and time will not be considered. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that a quote can be considered. If no award has been made, the City reserves the right to consider quotes that have been determined by the City to be received late due to mishandling by the City after receipt of the quote. The purpose and intent of this "Request for Quotation" is based on Article I of the City Charter, Section 3(g), which sets out the time frame for designating geographic boundaries, i.e., "Geographic boundaries for each voting district shall be designated, prepared and identified, commencing ninety (90) days after the 2020 Census report is published, and every ten (10) years thereafter, by contract to the City of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida." Page 846 of 973 SPECIFICATIONS FOR QUOTE No. 099-2410-21 The purpose and intent of this "Request for Quotation" is to seek competitive quotes for the 2020 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES. The selected university consultant will assist the City of Boynton Beach in preparing redistricting options for the City of Boynton Beach City Commission. The scope of work involves a series of tasks set to begin in August 2021 and end in January 2022. Narrative Description of Tasks 1. Establishing the Redistricting Criteria It is understood that the City of Boynton Beach Commission has agreed to use the following criteria to guide the redistricting process: a) To the extent practical with existing precinct boundaries, achieve population equality among the districts. b) Adhere to Section 2 of the Voting Rights Act of 1965, as amended and interpreted through case law. c) Follow major natural and manmade boundaries. d) Maintain the integrity of communities of interest, including municipal boundaries. e) Ensure compactness and contiguous districts. f) Preserve the core of the existing voter districts. g) Evaluate possible shift to Palm Beach County Election Precincts to achieve continuity and coherence of City Commission Districts. 2. Data Collection Will acquire both the geographic and attribute information to support the redistricting analysis. The required redistricting data have three (3) main elements: geographic, demographic, and voting registration/election data. a) Demographic Profiling Information 1) 2020 U.S. Census Population Data (Public Law 94-171 Redistricting Data, Universe: Total Population). Source: U.S. Census Bureau 2) 2020 U.S. Census Population Data for Racial/Ethnic Background (Public Law 94-171 Redistricting Data, Universe: Population of two or more races). Source: U.S. Census Bureau b) Voter Registration and Election Information In cooperation with the Palm Beach County, Supervisor of Elections, the City of Boynton Beach Department of Development, and the selected university consultant will obtain the most current Voter Registration information (gender, party affiliation, and racial composition) as well as election information from two previous elections as provided by the Palm Beach County Board of Elections Commission to analyze voter turnout. It is imperative that the voter registration and election information be provided at the precinct level (requiring that the dataset include the individual precinct number as well as the demographic information). 1) Current voter Registration Data at the Precinct-Level: Information would include total registered voters, gender, racial and/or ethnic composition, and party affiliation. Source: Florida Legislature, Florida Redistricting Page 847 of 973 Election Data Set (FREDS) or Palm Beach County Board of Elections. Format: dBase. 2) Previous election information would include a total number of registered voters by precinct who turned out for two elections as well as demographic information about the voter such as gender, racial composition, and party affiliation. Source: FREDS or Palm Beach County Board of Elections. Format: dBase. Estimated Timeframe: August- September 2021 3. Data Integration to Generate Existing District Map and Support Maps The university consultant will integrate both the demographic and voting information with GIS maps of the City of Boynton Beach. The map layers will include precinct boundaries, census block query boundaries, roads and streets, and other geographic information. At a minimum, the following maps will be developed using this information: a) Map depicting Total Population Totals and Percentages by Existing Districts. b) Map depicting Racial Ethnic Composition Totals and Percentages by Existing Districts. c) Map depicting Racial/Ethnic Composition Totals and Percentages at Census Block Group Level. d) Map depicting Number of Registered Voters in each Existing District e) Map depicting Party Affiliation by Voting Precinct f) Map depicting Voting Turnout for past elections. The above-referenced maps will be provided in digital format to the City as shapefiles or in a geodatabase (Esri ArcGIS) and PDF format for dissemination. The maps will be produced in both 11" X 17" and 36" X 44" media format for presentation purposes. Estimated Timeframe: August- September 2021 4. Meet With City Commissioners The university consultant will meet with each Commissioner to identify and discuss concerns regarding the redistricting process. The format and schedule of the meetings will be based upon the following: a) Pre-Planning Meeting: b) Draft Review of Options Meeting: c) Final Review of Options Meeting: 5. Prepare and Present the Redistricting Option Maps to the City Commission The university consultant will prepare and present several redistricting options to the Boynton Beach City Commission for review and comments. Each Commissioner will be provided with a redistricting packet containing the following items: a) Map overlay of Proposed District Boundaries, Major Roadways, and voting Precincts within the Districts. b) Racial/Ethnic Composition totals and Percentages by Proposed Districts. c) Table depicting voter-related information, such as the number of registered voters per district, racial/ethnic composition of registered voters, total registered voters, and party affiliation assigned to each proposed option will be provided only for redistricting options. Page 848 of 973 d) In addition, the university consultant will contact the Palm Beach County Elections Supervisor's Office to ascertain if that agency is receptive to shifting or realigning election precincts to better balance City Commission Districts. Estimated Timeframe: September- October 2021 6. Review Process of Maps Submitted by Outside Parties Redistricting proposals will be provided in either PDF and ArcGIS(shapefiles or geodatabase) format that includes the following fields: a) Census Block Number b) Proposed District Number Assigned to that Census Block c) Population Total for that Census Block 7. Review Recommendations for Revisions and Modify Approved Changes to the Redistricting Option Maps The university consultant will revise the redistricting options following input from City of Boynton Beach officials. Estimated Timeframe: November- January 2022 8. Presentation of the Final Version of the Redistricting Option Map(s) Based upon the comments and recommendations received from the Boynton Beach City Commissioners, the university consultant will present the final version of the Redistricting Options for final approval by the Commission. PDF format for dissemination to the public and other interested parties. The university consultant will provide the ArcGIS files to Boynton Beach GIS for its use in disseminating information to the public Estimated Timeframe: November 2021 9. Submittal of Redistricting Map Approved by the City and Narrative Information Regarding District Boundaries a) The university consultant will provide the approved redistricting option to the City Engineer and the City will develop the legal narratives of each district boundary. b) In the event that an outside party's map is approved, the university consultant will develop the map in ArcGIS format. c) It is the responsibility of the outside party to provide the boundary narratives to the City Engineer. Estimated Timeframe: January 2022 Page 849 of 973 INVOICING All materials and data files developed for the City under this agreement shall become the sole property of the City and shall be available to the City. Invoice for initial payment shall be sent to the Finance Director at City Hall for service rendered through the point of submission of boundary configurations to the appropriate city office or staff. Invoice for final payment shall be sent to the Finance Director at City Hall upon completion of the project. Completion shall be defined to mean the time when a Final Report has been made to the City Commission. Consultant will enter into Agreement with the City after Commission approval. A"Draft Agreement" is attached to this Request for Quote. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Page 850 of 973 CITY OF BOYNTON BEACH REQUEST FOR QUOTATION QUOTE No. 099-2410-21 SCHEDULE OF PRICING To All Proposers: The undersigned proposes to deliver the service in accordance with the specifications for the TOTAL amount of: $ $46,591 The Florida International University Board of Trustees Augusto,2021 UNIVERSITY NAME DATE Robert M. Gutierrez Assistant Vice President for Research REPRESENTATIVE (please print) TITLE Digitally signed by Roberto M. t, Gutierrez,Assistant Vice President for Research mate-_2021.08.0412:26:47-04'00' SIGNATURE _ 305-348-2494 _ 305-348-4117 TELEPHONE NO. FAX NO. _ gutierrrPfiu.edu EMAIL ADDRESS Page 851 of 973 0 Draft Contract Subject to modification and final approval by City Attorney PROFESSIONAL SERVICES AGREEMENT FOR THE 2020 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY', and Dr.DarioMoreno , hereinafter referred to as "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, THE CITY issued a REQUEST FOR QUOTES FOR THE 2020 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES. QUOTE No. 099-2410-21; and WHEREAS, QUOTE No. 099-2410-21 defined Scope of Services for the 2020 Redistricting of Geographic Voting Boundaries; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in QUOTE No. 099-2410-21; and WHEREAS, the City Commission on August 4, , 2021, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the REQUEST FOR QUOTE; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform the 2020 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES services outlined in QUOTE No. 099-2410-21 and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. CONSULTANT'S RESPONSIBILITIES a. Establishing the Redistricting Criteria b. Data Collection and Integration Generate Existing District Map and Support Maps c. Meet with City Commissioners d. Prepare and Present the Redistricting Option Maps to the City Commission e. Review Recommendations, Revisions and Modify Maps f. Presentation of the Final Version Page 852 of 973 The CITY's Representative during the performance of this Contract shall be - Lori LaVerriere telephone 561-742-6010 The CONSULTANT'S Representative during the performance of the Contract shall be Dr.DarioMoreno/Dr.Mariallcheva telephone 954-438-8652 ARTICLE 2 - TERM 2.1 This Agreement shall be for a period of five (5) months, commencing on the date the Agreement is executed by the City. The Services to be performed will be governed by this Agreement, and that there is no guarantee of future work being be given to the Consultant. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Agreement shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of a purchase order and delivered to CONSULTANT. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the purchase order. ARTICLE 4 - PAYMENT 4.1 PAYMENT. The Professional shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Professional shall be made promptly on all invoices submitted to the City properly and in accordance with "PRICE PROPOSAL". b. The Professional may submit invoices to the City during the progress of the contract term. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Professional in the amount approved. c. Final payment of any balance due the Professional of the total price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Professional's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this agreement Page 853 of 973 shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawing and specifications for information, reference and use in connection with CONSULTANT's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for TREE PLANTING SERVICES. In submitting its response to the RFP, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION 9.1 CONSULTANT shall indemnify and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own employees, or damage to property occasioned by a negligent act, omission of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies Page 854 of 973 of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per occurrence ARTICLE 11 - INDEPENDENT CONSULTANT 11.1 CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. Page 855 of 973 ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 —TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 -ASSIGNMENT 15.1 The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON-WAIVER 16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. Page 856 of 973 ARTICLE 17 —TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. ARTICLE 18 - DISPUTES 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: City of Boynton Beach Attn: Lori LaVerriere, City Manager 100 E. Ocean Avenue Boynton Beach, FL 33435 Notices to CONSULTANT shall be sent to the following address: Consultant: Dr.Dario Moreno/Dr.Maria llcheva ADDRESS 11200 SW 8th Street CITY/STATE/ZIP Miami,FL Attn: Florida International University Tel: 954-438-8652 Page 857 of 973 Fax: Email: milcheva@fiu.edu ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the QUOTE and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ARTICLE 23 — PUBLIC RECORDS 23.1 Sealed documents received by the CITY in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT shall: A. Keep and maintain public records required by the CITY to perform the service; Page 858 of 973 B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY; and D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost to the CITY, all public records in CONSULTANT'S possession. All records stored electronically by CONSULTANT must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6061 GIBSONC@BBFL.US ARTICLE 24—SCRUTINIZED COMPANIES 287.135 and 215.473 24.1 By submission of this Quote, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONSULTANT been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to CONSULTANT of the CITY's determination concerning the false certification. CONSULTANT shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONSULTANT shall have ninety (90) days following receipt of the Page 859 of 973 notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONSULTANT does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. ARTICLE 25— E-VERIFY 25.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub- consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's EVerify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as Page 860 of 973 amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 861 of 973 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 2021. CITY OF BOYNTON BEACH CONSULTANT Rat�a- City Manager Signature/ Name Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Witness Page 862 of 973 Research Economic Development FLORIDA INTERNATIONAL UNIVERSITY To Whom It May Concern: Florida International University (FIU) is a public university of the State of Florida and is an instrumentality of the State and reserves the right to negotiate the terms of the award contract and related documents to be executed by the parties in the event that an award is received for the proposed project so that such documentation contains terms that are in compliance with law and requirements applicable to FN as a State of Florida governmental entity. The following is a non-exhaustive list of terms that will need revisions if they do not provide for terms applicable to FN as a State of Florida public university: - insurance terms may require revising to provide that,pursuant to Fla. Stat. Section 1001.72, FN, a public instrumentality of the State of Florida, maintains insurance coverage under the State of Florida Risk Management Trust Fund, established pursuant to Chapter 284, Florida Statutes, and administered by the State of Florida, Department of Insurance and Workers' Compensation Insurance as required by law. - indemnification terms may require revisions to reflect that the indemnification that FIU will provide is as set forth in Fla. Stat. Section 768.28 which provides for the indemnification which applies to FIU as a Florida instrumentality and that sovereign immunity is not otherwise waived; - revisions may be needed to terms related to venue or applicable law if law other than Florida law is listed in the agreement, or the agreement may remain silent on such terms; - Florida public records terms will need to specify that FIU will comply with Florida public records law; - revisions may be needed to terms related to intellectual property ownership and rights such that,pursuant to Fla. Stat. Section 1004.23, intellectual property developed by FN is owned by FN, but FIU will grant to the sponsor a non-exclusive license to use the intellectual property for the sponsor's non-commercial purposes and/or for the purpose of the sponsor meeting its obligations to the prime sponsor in the event that the sponsor is a pass-through entity. Additionally, the work to be performed by FN pursuant to FN proposal is fundamental research in accordance with National Security Decision Directive 189, National Policy on the Transfer of Scientific, Technical and Engineering Information and the USD (AT&L) memoranda on Fundamental Research, dated May 24, 2010, and on Contracted Fundamental Research, dated June 26, 2008, (available at DFARS PGI 204.4). Additionally, no classified information will be involved in the work that FIU will perform. Therefore, request is made to the Government Authorized Contracting Officer(ACO) for a written determination that any terms in the Award/Contract that contain any export control/security/classified information requirements (particularly, in Section H, Special Contract Requirements) are not applicable to FIU for this Page 863 of 973 project and shall be deleted such that there is no foreign national limitation imposed on FN and that FN may freely disclose information related to the project, including publication of the results of its work. If you have any questions or concerns,please feel free to contact me at 305-348-2494 or via email at gutierrr@fiu.edu. Sincerely, Roberto M. Gutierrez Assistant Vice President for Research Page 864 of 973 RFQ FOR 2020 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES RFQ# 099-2410-11 John Scott Dailey Florida Institute of Government, Florida Atlantic University 7/29/2021 Page 865 of 973 Table of Contents ExecutiveSummary.......................................................................................................................................3 Organization/Management..........................................................................................................................4 ProjectScope and Approach.....................................................................................................................6 Task 1: Establishing the Redistricting Criteria...................................................................................7 Task2: Data Collection......................................................................................................................8 Task 3: Data Integration to Generate Existing District Map and Support Maps...............................8 Task 4: Meet With City Commissioners.............................................................................................9 Task 5: Prepare and Present the Redistricting Option Maps to the City Commission......................9 Task 6: Review Process of Maps Submitted By Outside Parties .....................................................10 Task 7: Review Recommendations for Revisions and Modify Approved Changes to the RedistrictingOptions Maps.................................................................................................................10 Task 8: Presentation of the Final Version of the Redistricting Option Map(s)................................10 Task 9: Submittal of Redistricting Map Approved By the City and Narrative Information Regarding DistrictBoundaries..............................................................................................................................10 Personnel and Qualifications......................................................................................................................11 StevenC. Bourassa, Ph.D. .......................................................................................................................11 James Gammack-Clark, M.A., Ph.D. Candidate (ABD)............................................................................11 Expertise in Geographic Information Sciences (GIS)...........................................................................11 Expertisein Redistricting ....................................................................................................................12 RonaldR. Schultz, Ph.D...........................................................................................................................12 Expertisein Redistricting ....................................................................................................................13 MichaelStamm, MURP...........................................................................................................................13 Lawsuits.......................................................................................................................................................14 References..................................................................................................................................................14 Proposed Price for Services ........................................................................................................................15 ContactInformation....................................................................................................................................15 Page 2 of 15 Page 866 of 973 Executive Summary In response to the City of Boynton Beach's Request for Quote (RFP), a Project Team (hereinafter FAU) drawn from the Department of Geosciences and Department of Urban and Regional Planning at Florida Atlantic University (FAU), the John Scott Dailey Florida Institute of Government submits to complete the redistricting of the City's geographic voting boundaries. The project team consists of four faculty members from the Department of Urban and Regional Planning and Department of Geosciences at FAU: • Steven Bourassa, Ph.D. Professor and Chair, Department of Urban and Regional Planning • James Gammack-Clark, M.A., Ph.D. candidate (ABD), Senior Instructor, Department of Geosciences • Ronald Schultz, Ph.D., Professor Emeritus, Department of Geosciences • Michael Stamm, MURP,Adjunct Instructor, Department of Urban and Regional Planning The FAU team has substantial experience with city and county redistricting in the South Florida region (with both Mr.Gammack-Clark and Dr. Schultz leading the previous successful 2011 redistricting effort for the City of Boynton Beach). This team has decades of experience in both redistricting, and in the Geographic Information Sciences (GIS). As such, FAU has both the requisite skills, and the proven track record, to perform the analysis required by the City. Furthermore, it will be able to provide the results of that analysis in manner that is timely, compatible with the City's GIS requirements, and is of the highest professional standards. FAU will be able to complete the proposed scope of services for$27,500. Page 3 of 15 Page 867 of 973 The 2020 Redistricting of Geographic Voting Boundaries for the City of Boynton Beach will be completed by a project team consists of four faculty members from the Departments of Urban and Regional Planning and Department of Geosciences at FAU: • Steven Bourassa, Ph.D. Professor and Chair, Department of Urban and Regional Planning • James Gammack-Clark, M.A., Ph.D. candidate (ABD), Senior Instructor, Department of Geosciences • Ronald Schultz, Ph.D., Professor Emeritus, Department of Geosciences • Michael Stamm, MURP,Adjunct Instructor, Department of Urban and Regional Planning Dr. Bourassa will serve as project manager,while Mr.Gammack-Clark and Mr.Stamm will conduct the GIS analysis. Dr. Schulz will serve in an advisory capacity. Mr. Gammack-Clark, Dr. Schultz, and Mr. Stamm have substantial experience with city and county redistricting in the South Florida region (with both Mr. Gammack-Clark and Dr. Schultz leading the previously successful 2011 redistricting effort for the City of Boynton Beach)., while Dr. Bourassa has substantial experience managing applied urban research projects.The team will be assisted by one or more FAU graduate students trained in GIS analysis. The Project Team's previous redistricting experience includes (we have attempted to provide a complete list of dates for the county and city redistricting projects, but not for the districting analyses): Page 4 of 15 Page 868 of 973 • County and county-level redistricting: o Broward County Board of Commissioners (2001-2002; the project commenced but was not completed as the County decided to go in another direction) o Broward County League of Women Voters nine-member commission study and recommendation (1985) o Broward County School Board, school attendance boundaries (1980s) o Okeechobee County(1992) o Palm Beach County Board of Commissioners (2002) o Palm Beach County, Charter Review Committee study(1986) o Palm Beach County School Board, school attendance boundaries (1980s) • City redistricting (several of these cities underwent rapid expansion and so required relatively frequent redistricting): o City of Boynton Beach (2011) o City of Coconut Creek (1983 [initial districts], 1984, 1985, 1987, 1989, 1993, 1997, 2000, 2003, 2008, 2013, 2018) o City of Deerfield Beach (1988 [initial districts], 1992, 1996, 1999, 2004) o City of Hollywood (2012) o City of North Lauderdale (1984 [initial districts], 1989, 1992, 1997, 2001, 2003, 2008, 2012) o City of Pembroke Pines (2003, 2007, 2011) o City of Pembroke Park(2002) o City of Parkland (1988) o Town of Lauderdale-by-the-Sea (early 2000s) Page 5 of 15 Page 869 of 973 • Districting analyses: o City of Cooper City o City of Greenacres o City of North Lauderdale (2016) o City of Tamarac o Palm Beach County Office of the State Attorney, 15th Judicial District Community Based Prosecution Districts (1993-1994) o South Broward Drainage District o Town of Manalapan o Village of Bal Harbour(2010 and 2013;the Board deferred after each analysis) While each of the aforementioned team members will be readily available to both communicate with, and serve the needs of,the City of Boynton Beach, Dr. Bourassa will serve as the primary contact between the two parties. Project o e and Approach The following detailed Scope of Services is presented to convey to the City the manner in which the John Scott Dailey Florida Institute of Government, Florida Atlantic University will fulfill the tasks set forth in Section III of the Request for Proposal (RFP), and maintain Quality Control when delivering a product of the highest professional standards. Page 6 of 15 Page 870 of 973 Task 1:Establishing the Redistricting Criteria The following criteria have been identified by the City of Boynton Beach and are incorporated as part of our submittal: a) To the extent practical with existing precinct boundaries, achieve population equality among the districts. The population equality criterion is the motivating force for equal representation of residents within our political system. The 2020 census data release under Public Law 94-171 Redistricting Data will be available shortly and will be used in meeting this goal. b) Adhere to Section 2 of the Voting Rights Act of 1965, as amended and interpreted through case law. This criterion requires that minority population clusters be respected in the development of district boundaries. Arbitrary dilution and other discriminatory practices are prohibited. c) The boundaries of the voting districts shall follow major natural and manmade boundaries to the extent possible. d) The maintenance of the integrity of communities of interest, including municipal boundaries, based on race, life cycle/age, income and other community identity characteristics is desirable. e) Maintain district compactness and spatial contiguity. A compact shape for each district will be sought. f) Preserve the core of existing voter districts. Past voting patterns will be examined as an influence on voting district boundaries. g) Evaluate a possible shift to Palm Beach County Election Precincts to achieve contiguity and coherence of City Commission Districts. Analysis of the current precinct boundaries on proposed voting districts will be undertaken and evaluated. All the above criteria will be evaluated in the context of deriving population equality across the districts. Page 7 of 15 Page 871 of 973 Task 2: Data Collection As specified in the RFQ, FAU will, upon receiving order to proceed, collect all of the data required for the analysis.This would include data from the 2020 US Census, current voter registration data at the precinct level from the Florida Redistricting Election Data Sat(FREDS), previous election information from the Palm Beach County Board of Elections, and of course GIS data from sources such as the City, the County, and the US Census.Assuming cooperation from third parties,this work should be achieved in short order(well within the first month of the project) enabling FAU to quickly move on to the next task. Task 3 Data Integration to Generate Existing District Map and Support Maps All of the data will ultimately be assembled into an ESRI Geodatabase. This will facilitate the production of the following requested maps with the aid of ESRI's ArcGIS Pro: a) Population Totals and Percentages by Existing District b) Racial/Ethnic Composition Totals and Percentages by Existing Districts c) Racial/Ethnic Composition Totals and Percentages at the Census Block Group level d) The number of registered voters in each Existing District e) Party Affiliation by Voting Precinct f) Voter Turnout for past elections As specified, these maps will be provided in both PDF format (in both 11x17 and 36x44 inch layouts) as well as in the above referenced Geodatabase format native to ESRI's ArcGIS.Additionally, hard copies will be produced in 11"x 17" format. To ensure that the GIS data produced is done so to the highest standards, FAU will implement both the use of Topology Rules and Object Oriented behavior made available by ESRls Geodatabase model. Doing so will ensure that the produced GIS layers are both consistent and contiguous with existing City GIS data, Page 8 of 15 Page 872 of 973 are consistent with the criteria set forth in Task 1, and free of data entry mistakes such as typos and misspellings. While this task will comprise the bulk of the initial work, FAU would be able to complete this task easily within the allotted timeframe of August to September of 2021. Task 4; Meet with City Commissioners FAU will meet with each of the City commissioners to identify, and where possible resolve, potential concerns regarding the redistricting process.The RFQ calls for meetings based upon the following format: a) Pre-Planning Meeting b) Draft Review of Options Meeting c) Final Review of Options Meeting Task.5; Prepare e and Present the Redistricting Option Maps to the City Commission FAU will present four different redistricting options to the City Commission for review. Included in each commissioner's review packet will be the following a) Map of Proposed District Boundaries,with precinct boundaries and major roadways. b) Racial/Ethnic Composition Totals and Percentages by Proposed Districts c) Tabular data of voter-related information for each of the proposed redistricting options d) FAU will also contact Palm Beach County's Supervisor of Elections to establish the feasibility of moving the boundaries of voting precinct's to more equitably allocate the population of the City amongst its Commission Districts. This work would be achieved by the specified deadline of October 2021. Page 9 of 15 Page 873 of 973 Tax 6: Review Process ofMapxSubnmitted By Outside Parties FAU's spatial database, in the form of an ESRI geoclatabase (the native format of ArcGIS),will be provided to the City. This geoclatabase will include the requested Census Block feature class, where the attributes of each block will include both its total population and the proposed district number. Task 7: Review Recommendationsfbr Revisions and Modift Approved Changes to the Redistricting Options Maps FAU will make revisions to the proposed redistricting options based upon input received from City of Boynton Beach officials. Such changes will be easy to incorporate once they are provided to FAU, and as such will be achieved well within the designated timeframe November 2021 to January of 2022. Task 8/ Presentation ofthe Final Version ofthe Redistricting Option Map(s) FAU will present the revised Redistricting Options, incorporating the input of City of Boynton Beach officials,to the City Commission for final approval.As requested, PDF versions of these maps will be made available to the public,and the pertinent GIS data will be provided to the City's GIS department within the designated timeframe November 2O2ltoJanuary of2O22. Task 9/Submittal of'Redistricting Map Approved Bnthe City and Narrative Information Regarding District Boundaries a) FAU will provide the approved redistricting option tothe City Engineer in order that they may develop the legal narratives of each of the District boundaries.As previously established,the final product will be prepared with, and delivered in aformat compatible with, ESR|'sArcG|S. b) In the event that an outside party's map is approved, FAU will develop the map in ArcGIS format. c) It is the responsibility of the outside party to provide the boundary narratives to the City Engineer. This will becompleted prior tothe indicated deadline ofJanuary of2O22. Page 1Oof16 Page 874Of973 Personnel and Qualifications Steven C. Bourassa, Dr. Bourassa is Henry D. Epstein Professor of Urban and Regional Planning and Chair of the Department of Urban and Regional Planning in the Charles E. Schmidt College of Science at Florida Atlantic University, where he has been employed for seven years. Prior to joining the faculty at FAU, he was Professor and Chair of the Department of Urban and Public Affairs at the University of Louisville. He holds a Ph.D. in city and regional planning from the University of Pennsylvania as well as bachelor's and master's degrees in geography from the University of Delaware and Temple University. He has over 30 years of experience managing applied urban research projects, including analyses of demographic and housing characteristics of urban districts. James mmack-C k, M.A., Ph.D. Candidate James Gammack-Clark is a Senior Instructor in the Department of Geosciences within the Charles E. Schmidt College of Science at Florida Atlantic University in Boca Raton, FL. He has occupied this position for the past fourteen years, prior to which he held the title of Senior Planner/GIS with Palm Beach County's Planning Division. Mr. Gammack-Clark specializes is Geographic Information Sciences (GIS), Geovisualization, Unmanned Aerial Systems, and Redistricting. Mr. Gammack-Clark received his M.A. degree in geography from Florida Atlantic University in 2001 and is presently in the midst of his Ph.D. degree with an anticipated graduation date of 2021. Expertise in Geographic Infbrniation Sciences(GIS) Mr. Gammack-Clark has been working with GIS since 1997. Upon graduating university with his master's degree, he joined Palm Beach County's Planning Division where he coordinated all of their GIS needs and maintained and updated their Comprehensive Plan Map Series.As a faculty member of FAU's Department Page 11 of 15 Page 875 of 973 of Geosciences, Mr. Gammack-Clark instructs a sizable portion of their GIS sequence: ranging from the introductory GIS class,all the way though to our advanced'Applications in GIS','Geovisualization and GIS', and 'Mobile GIS and Drone Technology' classes. Mr. Gammack-Clark was recently appointed as the department's Director of the Center for GIS. Expertise in Redistricting Mr. Gammack-Clark has worked with Dr. Schultz on numerous redistricting projects since 2011. These projects have included work for Boynton Beach (2011), Bal Harbor (2010 and 2013), North Lauderdale (2012), and Coconut Creek(2013 and 2018). Ronald R. Schultz, Dr. Schultz is a faculty member in the Department of Geosciences within the Charles E. Schmidt College of Science at Florida Atlantic University in Boca Raton, FL. He has over 45 years' experience in applied geographic research in Florida, including the problem of optimal location of service facilities, election and service district formation, transportation planning and analysis issues and economic impact studies. He has worked on research problems throughout the state including many studies of the economic importance and value of Florida's beaches; school enrollment projections, boundaries, and impact fees; local election district formation and change; and small area population estimates and projections. His research has been sponsored by both public agencies and private firms and is published in state, national and international journals in his fields. Dr. Schultz holds the rank of professor emeritus at FAU and he was selected by FAU students to be a member of the University Distinguished Teachers. Dr. Schultz served as chair of his academic department for over 20 years and was appointed a Master Teacher in the Charles E. Schmidt College of Science. Page 12 of 15 Page 876 of 973 Dr. Schultz received his Ph.D. degree from the University of Washington (Seattle) in economic geography in 1971 and, except for school attendance, has been a resident of Florida since 1957. He completed his B.A. degree at Florida Atlantic University in 1966. Expertise in Redistricting Dr. Schultz has completed many studies of and recommendations for district formation.This includes city election districts as well as school attendance zone delimitation, fire districts, and other districting problems. He has advised several cities on a regular basis (about every four years) since the mid-1980s. He has also advised other cities and local school boards on population, enrollment issues and boundary determinations. Michael mm, MURP Michael Stamm Jr. is the Director of the Planning and Economic Development Department for the City of Pembroke Pines and has been with that city since 2004. His department is responsible for short and long range planning, economic development, landscaping and maintaining the city's Geographic Information System (GIS). His department also serves as the liaison for many of the city's advisory boards. Pembroke Pines is the 111h largest city in the State of Florida, spread over 34 square miles and home to over 160,000 residents. In 2011 he was appointed to Board of Directors of the Miramar-Pembroke Pines Chamber of Commerce and he also serves on the Board of Directors for the Greater Fort Lauderdale Alliance. Mr. Stamm is a FAU alumnus with a bachelor's degree in public management and a master's degree in urban and regional planning. Expertise in Gly°and Redistricting Mr. Stamm is also an Adjunct Instructor in the Department of Urban and Regional Planning at Florida Atlantic University since 2007. He has taught the undergraduate courses entitled Introduction to Visual Planning Technology and Advanced Visual Planning Technology. These courses cover planning Page 13 of 15 Page 877 of 973 applications of GIS as well as a variety of other computer programs used in the field of planning. Previously, Mr. Stamm served as a research assistant at the FAU's Visual Planning Technology Lab where he worked on variety of projects, including redistricting options for Hollywood, Pembroke Pines, and Palm Beach County. He was also an Associate in Research at the Center for Urban and Environmental Solutions at FAU where he worked on the GIS components of center projects.These projects included a districting study for Lauderdale-by-the-Sea. He has also worked as a consultant for GIS related projects conducted through FAU's Department of Urban and Regional Planning, including the following redistricting projects: Cooper City (2012),Tamarac (2016), and North Lauderdale (2016). Lawsuits FAU has not been named as party to any lawsuit related to redistricting. References Coconut Creek City Attorney: Terrill Pyburn, 954-973-6797 Coconut Creek City Clerk: Leslie May, 954-973-6774 Coconut Creek Deputy City Clerk: Marianne E. Bowers, 954-956-1425 North Lauderdale City Attorney: Samuel S. Goren, 954-724-7050 North Lauderdale City Clerk: Patricia Vancheri, 954-724-7050 North Lauderdale City Manager (former Director of Development): Ambreen Bhatty, 954-724-7041 Boynton Beach City Manager: Lori LaVerriere, 561-742-6010 Page 14 of 15 Page 878 of 973 Proposed Price for Services FAU's John Scott Dailey Florida Institute of Government will be able to complete the proposed scope of services for$27,500. Contact Information Steven Bourassa, Ph.D. sbourassa@fau.edu (561) 666-8168 Ronald Schultz, Ph.D. shultzr@fau.edu (386) 383-7016 James Gammack-Clark, M.A. Igammack@fau.edu (561) 900-4582 Michael Stamm, M.A mstamm@fau.edu (954)818-6753 Page 15 of 15 Page 879 of 973 11.B. New Business 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Proposed Resolution No. R21-116-Approve the consolidation of the Planning and Zoning applications and incorporating a Developer's Agreement requirement. Explanation of Request: Previously, Planning and Zoning had over twenty applications that were distinguished by the different aspects or needs of a particular request. Staff has consolidated these into three applications: 1) Major Development Application, 2) Minor Development Application, and 3) Relief Application. The applications are being consolidated to increase efficiency and user-friendliness. In response to City Commission directive of staff to explore the requirement of a reversionary clause, it is proposed that some applications require the execution of a Developer's Agreement in conjunction with development approvals. Planning staff has collaborated with the City Attorney on this task, and proposes revisions to the Major Development Application to require certain requests to also include the execution of a Developer's Agreement concurrent with the approval of a proposed project. Because Major Development Applications can vary significantly, no standardized Developers Agreement can be offered at this time. However, we anticipate that an Agreement would include an eighteen (18) month expiration that can be extended for up to an additional twelve (12) months with City Commission approval. Once the maximum time allowed for performance expires, the Agreement would provide for a return (reversion) to the original zoning, if appropriate and as determined by the City Commission and a procedure for doing so that satisfies required notice and public hearing of such reversionary action. The City Commission has approved several Major Development projects, but only a fraction of those have come to fruition. It is intended that a Developer's Agreement would contain a provision by which the Applicant waives or agrees to limit the impact of the applicability of FL SS 252.363. Such a provision does not appear to have been Court tested and reflected in any reported court case opinion. Requiring a Developer's Agreement will encourage applicants to construct projects within an appropriate timeline and ensure developments are being held to the City's current vision, standards, and regulations. The requirement is also intended to discourage applicants who lack capital, a development team, and/or the intention to build a project. The City Attorney has included a separate memorandum which is attached. How will this affect city programs or services? The consolidation of applications will improve staff efficiency and be more user-friendly for applicants. Fiscal Impact: N/A Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Page 880 of 973 Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type Description D Resolution Resolution approving planning and zoning applications and Development Agreements D Attachment Memo From City Attorney D Attachment Florida Statute regarding tolling and extensions of permits D Attachment Major Development Application D Attachment Minor Development Application D Attachment Relief Application Page 881 of 973 I RESOLUTION R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ACCEPTING STAFF'S RECOMMENDATIONS 5 REGARDING CONSOLIDATIONS OF THE PLANNING AND 6 ZONING APPLICATIONS AND ESTABLISHING MINIMUM 7 REQUIREMENTS FOR DEVELOPMENT AGREEMENTS; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 I WHEREAS, previously, Planning and Zoning had over twenty applications that were 12 distinguished by the different aspects or needs of a particular request which staff has 13 consolidated, to increase efficiency and user friendliness, into three applications: 1) Major 14 Development Application, 2) Minor Development Application, and 3) Relief Application; and 15 WHEREAS, the City Attorney has made recommendations regarding provisions to be 16 included in Development Agreements, See August 6, 2021 memorandum attached; and 17 WHEREAS,requiring a Developer's Agreement will encourage applicants to construct 18 projects within an appropriate timeline and ensure developments are being held to the City's 19 current vision, standards, and regulations and will also discourage applicants who lack capital, 20 a development team, and/or the intention to build a project; and 21 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 22 interest of the citizens and residents of the City to accept staff's recommendations regarding 23 consolidations of the Planning and Zoning applications and establishing minimum requirements 24 for Development Agreements. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: {00461156.1 sob-9001821}S:ACA\RESO\Approving Planning and Zoning Applications and Development Agreements-Reso.docx 1 Page 882 of 973 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission accepts staff's recommendations regarding 31 consolidations of the Planning and Zoning applications and establishing minimum requirements 32 for Development Agreements. The basic provisions to be included in a development agreement 33 are as set forth in the City Attorney's August 6,2021 memorandum, a copy of which is attached 34 as Appendix "A" to this Resolution. 35 Section 3. This Resolution will become effective immediately upon passage. 36 PASSED AND ADOPTED this 17th day of August, 2021. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor—Woodrow L. Hay 44 45 Commissioner—Justin Katz 46 47 Commissioner—Christina L. Romelus 48 49 Commissioner—Ty Penserga 50 51 VOTE 52 ATTEST: 53 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 61 (Corporate Seal) {00461156.1 sob-9001821}S:ACA\RESO\Approving Planning and Zoning Applications and Development Agreements-Reso.docx 2 Page 883 of 973 The City of Boynton Beach OFFIG'F OFTIIB G'ITYATTORNFY ' 100K, OG'FANAVFNUE P.O. BOX 310 �BOYNTONBFAG'H, FLORIDA 33425- 0310 " (561) 742-6050 ■ INTER-OFFICE CORRESPONDENCE MEMORANDUM TO: Mayor and Members of the City Commission FROM: James A. Cherof, City Attorney DATE: September 1,2021 RE: New Business Agenda item -Development Applications Update DEVELOPMENT AGREEMENTS This memorandum appends City staffs 8/17/21 agenda item to "Approve the consolidation of the Planning and Zoning applications and incorporating a Developer's Agreement requirement." The use of development agreements to protect the City's interest and investment in a project will vary depending on the scope of a project and the City's expectation of a return of its investment. Therefore, it is not feasible to provide a template Development Agreement. However, some basic provisions, such as the following, should be required by the City Commission. Adoption of the basic developer agreement provisions can be codified or by establishment of a policy; the former will require an ordinance, the latter a resolution. A resolution is included in the agenda if the Commission wishes to proceed with establishing a policy incorporating the following. If the Commission elects to codify the requirements, I will draft an ordinance incorporating the following provision, if they are approved by the Commission and any additional provisions the Commission requests. NOTICE AND RECORD OF PUBLIC HEARINGS: Prior to entering into a Development Agreement, the City must conduct two (2) public hearings, one of which may be, at the discretion of the City Commission, by the Planning and Development Board. Notice of both public hearings must be published no less than ten (10) days prior to the first public hearing in a newspaper of general circulation in Palm Beach County, Florida. Notice of intent to consider a development agreement shall also be mailed to all affected property owners before the first public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing. The notice shall specify the location of the land subject to the development agreement, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height and shall specify a place where a copy of the proposed agreement can be obtained. The cost of notice shall be the responsibility of the party with whom the City is entering into agreement with, and shall be paid to the City as a pre-condition of publication. City staff will be responsible for handling {00460845.4306-9001821} Page 884 of 973 publication of notice and must present proof of publication at the first public hearing. A public hearing conducted by the Planning and Development Board may not be tabled nor continued. A public hearing conducted by the City Commission may be tabled once at the request of the parry with whom the City is entering into agreement with and once by the City Commission. Both public hearing must be video and audio recorded. A transcript of the second public hearing shall be made and filed with the City Clerk. The cost of the transcript must be paid by the parry with whom the City is entering into agreement with prior to the Mayor signing the Development Agreement on behalf of the City. FINANCIAL CAPABILITY: Prior to processing a developer's request to enter into a development agreement with the City, a developer must submit proof of financial resources and capabilities to the City Manager and City Finance Director. The City Manager and Finance Director, following review of the submittal, consult with the members of the City Commission regarding whether to advance the proposed development agreement to the City Commission. Disclosure of financial capability is an on-going obligation of the developer. Therefore, the following provision must be included in the development agreement. Prior to commencement of construction of the Project, Developer shall provide the following items to the City: (a) a budget for the development of the Project, with such supporting information as the City may reasonably request; (b) evidence to the reasonable satisfaction of the City that Developer has sufficient funds committed from lenders and other sources sufficient to pay the budgeted cost of the development of the Project and (c) evidence that Developer has obtained appropriate guaranties as to the completion of the Project from its primary contractors such as payment and performance bonds or other security approved by the City. (d) personal financial statements from the principal members if developer is a LLC, corporation, or partnership. (e) articles of incorporation and evidence of good standing with the State of Florida Division of Corporation. MINIMUM CONTENT: A development agreement shall include: (a) A legal description of the land subject to the agreement, and the names of its legal and equitable owners; (b) The duration of the agreement; (c) The development uses permitted on the land, including population densities, and building intensities and height; (d) A description of public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development; (e) A description of any reservation or dedication of land for public purposes; {00460845.43o6-9°°1821} AMERICA'S GAWETKA YTO THE GULI'STREAM Page 885 of 973 (f) A description of all local development permits approved or needed to be approved for the development of the land; (g) A finding that the development permitted or proposed is consistent with the local government's comprehensive plan and land development regulations; (h) A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens; and (i) A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. 0) Specific dates when the entire development or any phase thereof be commenced or completed. (k) Provisions for revocation of the Development Agreement and/or monetary penalties for missed deadlines. In the case of monetary penalties, provisions for collection of the penalties, including authorization to record a lien on the property to secure the penalty debt. (1) Provisions for requiring performance bonds for proposed development elements. (m) Clear disclosure that a Development Agreement is provisional and subject to revocation by the City Commission if the proposed project is not commenced within 18 months from the date of approval with one (1) possible time extension of up to 12 months, when approved by the City Commission. (n) A clear disclosure that there will be monetary penalties for delay if project deadlines are not met. (0) That all representation by developer or its agents and representatives made at public meeting are to be construed as material representations which induced the City into entering into the agreement. (p) The developer waives any force majeure claims. (q) A provision substantially as follows: Until termination of this Agreement pursuant to its terms, Developer may not assign any or all of its rights or obligations under this Agreement or sell or otherwise transfer all or a portion of the Property, except with the prior written consent of the City, and any such attempted assignment or transfer without the prior written consent of the City shall be wholly void and of no effect. A change in the ownership interests in Developer shall be deemed to be a transfer or assignment prohibited by this Section,provided, however that the City shall not unreasonably withhold its consent to the transfer of ownership interests in Developer if such transfer is undertaken to obtain funds to undertake the Project provided that control of Developer by the principals of Developer described in the Proposal shall not change as a result of such transfer. For purposes of this Section, "control" shall mean the possession of the power to direct or cause the direction of the management and policies of Developer. Developer shall provide such documentation as the City may reasonably request from time to time to demonstrate compliance with this Section. Notwithstanding the foregoing, Developer may (i) enter into residential leases with residential tenants with respect to the portion of the Project developed as rental apartments, (ii) enter into a lease or operating agreement with an operator {00460845.43o6-9°°1821} AMERICA'S GAWEWAYTO THE GULI'STREAM Page 886 of 973 with respect to the hotel that is to be developed as part of the Project, and (iii) enter into leases with permitted tenants of the retail component of the Project. POST AGREEMENT STATUS REPORTS TO COMMISSION: The Development Department is responsible for monitoring the progress of a project and for initiating a request to the City Commission to revoke a Development Agreement it the terms of the agreement or build out deadlines are violated. A request to revoke shall provide no less than thirty (30) days notice to the party with whom the City is entering into agreement with. The City Commission must conduct a quasi-judicial hearing on the request for revocation. The decision of the City Commission is final, subject only to view by Writ of Certiorari to Palm Beach County Circuit Court. A Developers Agreement will be reviewed and processed concurrently with the Major Development Application and the Development Order and Conditions of Approval shall be attached to the executed Agreement. DEVELOPER'S DEFAULT AND CITY OPTIONS: Not all conveyances of City owned property may require a development agreement. The scope of every project that may require a development agreement will vary. Therefore, provisions for the City's remedies for default will also vary. The following is only an example of language that can be included in an agreement. Some of these provisions can also be included in an Agreement for Sale and Purchase of Property and reiterated in the deeds associated with a land transfer.: Default by Developer. An Event of Default shall be deemed to have occurred hereunder if.. a. Developer shall breach any agreement, covenant or condition made in this Agreement (and Developer shall fail to cure the same within thirty (30) days after written notice thereof by the City; provided that if the breach concerns a covenant (other than a covenant relating to the timing of the completion of the Project) that cannot reasonably be cured within the thirty (30) day period and Developer commences the cure and continues to diligently and timely cure such breach, then no breach shall be deemed to occur so long as the breach is cured within a ninety (90) day period after the City's notice; or b. Developer shall be liquidated, dissolved,partitioned or terminated; or c. Developer (a) shall generally not pay or shall be generally unable to pay its debts as such debts become due; or (b) shall make an assignment for the benefit of creditors or petition or apply to any tribunal for the appointment of a custodian, receiver or trustee for it or a substantial part of its assets; or (c) shall commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction, whether now or hereafter in effect; or (d) shall have had any such petition or application filed or any such proceeding commenced against it in which an order for relief is entered or an adjudication or appointment is made; or (e) shall consent to, approve of or acquiescence in any such petition, application,proceeding or order for relief or the appointment of a custodian, receiver or trustee for it or a substantial part of its assets; or (fi shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period ofsixty (60) days or more; or {00460845.43o6-9°°1821} AMERICA'S GATEWAYTO THE GULI'STREAM Page 887 of 973 d. Developer shall fail to maintain insurance as required by Section hereof after receiving notice of such failure from the City and not curing such failure within five (S) Business Days of receipt of such notice; or e. Any material representation, warranty, certification or other statement made or deemed made by Developer in this Agreement or in any statement or certificate at any time given by Developer in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made. Right of Reversion upon Event of Default. a. Reversion Prior to Construction Commencement. If an Event of Default occurs hereunder after the Closing Date but prior to the commencement of the construction of the Project, then the Property shall revert to the City as provided in the Deed. b. Reversion After Commencement of Construction. If(i) an Event of Default occurs hereunder after construction of the Project has commenced and such Event of Default relates to the Development Activities related to the Project and (ii) the expenditure by Developer of the lesser of(a) $ or (b) percent ( %) of the budgeted amount for the construction of the Project has not yet occurred, then the Property shall revert to the City as provided in the Deed. Upon satisfaction of the expenditure requirement set forth in clause (ii) of the prior sentence and if no Event of Default has occurred and is continuing, the City shall release its right of reversion with respect to the Property by delivering a release in recordable form to Developer. c. Expenditure Reports. Upon commencement of the construction of the Project and until the expenditure requirements have been met in subsection b. such that the reversion of the Property can no longer occur, Developer shall file a report with the City on or before the fifth Business Day of each month showing the expenditures made as of the end of the prior month with respect to the cost of the development of the Project with such supporting evidence at the City may reasonably request. d. Subordination of Liens; Assignment of Design Documents. Developer shall cause any lien or encumbrance that Developer creates with respect to any portion of the Property to be expressly subordinate to the City's rights of reversion as set forth in this Section. Other Remedies of the City upon Event of Default. In addition to the City's rights, the City and Developer hereby agree that upon occurrence ofan Event ofDefault, other than an Event of Default described in the next paragraph, the City shall also be entitled to seek specific performance to compel Developer to perform its obligations hereunder In the event (i) Developer does not complete the development of the entire Project as required by this Agreement and an Event of Default occurs hereunder as a result thereof and(ii) the Property has not reverted to the City as provided hereof, Developer agrees to pay, upon the written request of the City, a payment in the amount of $ as the City's total past and future damage recovery against Developer for Developer's breach of this Agreement. The parties agree that it is impracticable and extremely difficult to ascertain the actual damages suffered by the City as a result of Developer's failure to complete fully the development of the Property in accordance with this Agreement, and that under the circumstances existing as of the date of this Agreement, the liquidated damages provided for in this paragraph represent a {00460845.43o6-9°°1821} AMERICA'S GAWEWAYTO THE GULI'STREAM Page 888 of 973 reasonable estimate of the damages which the City will incur as a result of such failure. The parties acknowledge that the payment of such liquidated damages is not intended as a forfeiture or penalty, but is intended to constitute liquidated damages to the City to offset the City's anticipated(but lost or diminished) revenue. Developer shall secure the payment of such liquidated damages prior to expiration of the right of reversion of the City in a manner satisfactory to the City through the delivery of a letter of credit from a financial institution acceptable to the City or other surety acceptable to the City. Options to Repurchase A reversionary provision in land transfer transactions may prevent or limit the redevelopment objectives of the City. In lieu of or in combination with a reversionary provision in a development agreement, the City may require a provision which grants the City an option to repurchase all or part of property conveyed by the City. Repurchase provisions must contain a time limitation in which the option to repurchase may be exercised or conditions, which if satisfied by a developer, will result in release of the option. {00460845.43o6-9°°1821} AMERICA'S GATEWAYTO THE GULI'STREAM Page 889 of 973 252.363. Tolling and extension of permits and other authorizations, FL ST §252.363 West's Florida Statutes Annotated Title XVII.Military Affairs and Related Matters(Chapters 249-252) (Refs&Annos) Chapter 252. Emergency Management(Refs&Annos) Part L General Provisions(Refs&Annos) West's F.S.A. §252.363 252.363. Tolling and extension of permits and other authorizations Effective:June 29,2021 Currentness (1)(a) The declaration of a state of emergency issued by the Governor for a natural emergency tolls the period remaining to exercise the rights under a permit or other authorization for the duration of the emergency declaration. Further, the emergency declaration extends the period remaining to exercise the rights under a permit or other authorization for 6 months in addition to the tolled period. This paragraph applies to the following: 1.The expiration of a development order issued by a local government. 2.The expiration of a building permit. 3. The expiration of a permit issued by the Department of Environmental Protection or a water management district pursuant to part IV of chapter 373. 4. Permits issued by the Department of Environmental Protection or a water management district pursuant to part II of chapter 373 for land subject to a development agreement under ss. 163.3220--163.3243 in which the permittee and the developer are the same or a related entity. 5. The buildout date of a development of regional impact, including any extension of a buildout date that was previously granted as specified in s. 380.06(7)(c). 6. The expiration of a development permit or development agreement authorized by Florida Statutes, including those authorized under the Florida Local Government Development Agreement Act, or issued by a local government or other governmental agency. Page 890 of 973 252.363. Tolling and extension of permits and other authorizations, FL ST §252.363 (b) Within 90 days after the termination of the emergency declaration, the holder of the permit or other authorization shall notify the issuing authority of the intent to exercise the tolling and extension granted under paragraph(a). The notice must be in writing and identify the specific permit or other authorization qualifying for extension. (c) If the permit or other authorization for a phased construction project is extended, the commencement and completion dates for any required mitigation are extended such that the mitigation activities occur in the same timeframe relative to the phase as originally permitted. (d)This subsection does not apply to: 1.A permit or other authorization for a building,improvement, or development located outside the geographic area for which the declaration of a state of emergency applies. 2. A permit or other authorization under any programmatic or regional general permit issued by the Army Corps of Engineers. 3. The holder of a permit or other authorization who is determined by the authorizing agency to be in significant noncompliance with the conditions of the permit or other authorization through the issuance of a warning letter or notice of violation,the initiation of formal enforcement,or an equivalent action. 4. A permit or other authorization that is subject to a court order specifying an expiration date or buildout date that would be in conflict with the extensions granted in this section. (2) A permit or other authorization that is extended shall be governed by the laws, administrative rules, and ordinances in effect when the permit was issued, unless any party or the issuing authority demonstrates that operating under those laws, administrative rules,or ordinances will create an immediate threat to the public health or safety. (3)This section does not restrict a county or municipality from requiring property to be maintained and secured in a safe and sanitary condition in compliance with applicable laws, administrative rules,or ordinances. Credits Added by Laws 2011, c. 2011-142, § 494, eff. July 1, 2011. Amended by Laws 2018, c. 2018-158, § 12, eff. April 6, 2018; Laws 2019, c. 2019-165, § 13, eff. June 28,2019;Laws 2021, c. 2021-179, § 1, eff. June 29,2021. Vi3 5,t`L A Vf Page 891 of 973 252.363. Tolling and extension of permits and other authorizations, FL ST §252.363 West's F. S. A. § 252.363,FL ST § 252.363 Current with laws of the 2021 First Regular Session of the Twent -Seventh Le islature in effect throu h Jul 1,2021. jFnd of Documcnl 202 i 11ionimm Keuter� No claim to original I-,S,Government\t ork , Page 892 of 973 CITY OF BOYNTON BEACH City Applications and Codes PLANNING & ZONING DIVISION Accessed via website www.boy nton-beach.org 100 E. Ocean Avenue www.amleaalcom/boynton- Boynton Beach, FL 33435 beach flus Revised:6-3-2021 � Phone: (561) 742-6260 MAJOR DEVELOPMENT APPLICATION I. GENERAL INFORMATION PROJECT NAME & ADDRESS: This application must be filled out completely, accurately, and submitted as an original to the Planning and Zoning Division; an incomplete application will not be processed. Print legibly (in ink) or type all information. In addition to the original, provide a copy of the completed application as part of the submittal, and pay the applicable fee(s) as adopted by the City Commission. The procedures and application processes for the below referenced major development applications is further described in Chapter 2, Article II, Section 2 and 3 of the Land Development Regulations. II. APPLICATION TYPES, PROCESSES AND MEETING DATES Please use the below table to select the applicable land development application(s) or request(s) and applicable meeting(s). ®rFJ -® Table 1 ANNEXATION CELL TOWER COMPREHENSIVE PLAN TEXT AMENDMENT 1,2 CONDITIONAL USE' / / / / FUTURE LAND USE MAP AMENDMENT/REZONING MAJOR MASTER PLAN MODIFICATION MAJOR SITE PLAN MODIFICATION MAJOR TIME EXTENSION3' V V V MASTER PLAN %/ %/ %/ %/ NEW MAJOR SITE PLAN / / / / VACATION AND ABANDONMENT2 Required: May be Required: • 1. A text amendment to the Comprehensive Plan shall only be initiated by the City of Boynton Beach. 2. Two City Commission Meetings required. 3. Conditional Use, Major Site Plan and Master Plan. 4. By written request, the applicant shall have the right to withdraw an application at any time prior to the final action of the application by the decision-making body or person. 1 Page 893 of 973 A. PRE-APPLICATION CONFERENCE (PRE-APP) A PRE-APP is the initial informal meeting between staff and the applicant to collaborate and discuss the City's overall goals, objectives, policies, codes, and regulations. The meeting allows the applicant to receive information and a description of the relevant review procedures anticipated from each staff discipline, Advisory Board, and City Commission. Opinions expressed at the conference are not binding for formal review purposes. B. DEVELOPMENT APPLICATION REVIEW TEAM (DART) Following the Pre-Application Meeting, the applicant prepares and submits the application package to the Planning and Zoning Division and schedules a DART meeting. City staff review the submittal to ensure compliance with the standards and requirements of the City's Land Development Regulations or any other applicable codes. During this informal procedure, staff prepares comments and recommendations, which are forwarded to the applicant so that any issues can be completely resolved or adequately addressed during the DART meeting and, most importantly, prior to the Planning and Development Board meeting. C. PLANNING AND DEVELOPMENT BOARD (P&D) The P&D Board is the City Commission's advisory board. During the P&D meeting, the Board considers all presented items, including the staff report, exhibits, and recommendations, in conjunction with any testimony or other information presented at the meeting, and recommends approval or denial to City Commission. D. CITY COMMISSION (CC) After the P&D Board conducts its review and formulates a recommendation, the Planning and Zoning Administrator, designee, or reviewing authority would forward the items to the City Commission for final review and approval. The Commission will review all presented items, including the staff report, exhibits, and recommendations, in conjunction with any testimony or other information presented at all meetings, and vote as follows: approve the application; approve the application subject to conditions; table or defer their decision to a subsequent meeting; or deny the application. 2 Page 894 of 973 E. MEETING AND HEARING DATES: 1. Meetings and Public Hearings Schedule Specific to the below Major Development Applications *: a. New Site Plan (NWSP) g. Conditional Use Approval (COOS) b. Major Site Plan Modification (MSPM) h. Zoning Code Variance (ZNCV) c. Site Plan Time Extension (SPTE) i. Height Exception (HTEX) d. Master Site Plan (NWMP) j. Community Design Plan Appeal (CDPA) e. Major Master Plan Modification (MMPM) k. New Telecommunications (WCF) f. Modification to Development Order (DO) , mm e November 4, 2020 December 15, 2020 January 26, 2021 February 16, 2021 December 2, 2020 January 12,2021 February 23 March 16 January 6, 2021 February 16 March 23 April 20 February 3 March 16 April 27 May 18 March 3 COMMENTS April 13 May 25 June 15 DELIVERED April 7 TO May 11 June 22 July 20 May 5 APPLICANT June 15 July 27 August 17 APPROX. June 2 TWO WEEKS July 13 August 24 September 2!1 PRIOR TO July 7 DART August 17 September 28 October 19 August 4 September 14 October 26 November 16 September 1 October 12 November 23 To be Determined October 6 November 16 To Be Determined To be Determined November 3 December 14 January 25, 2022 February 15, 2022 2. A pre-application meeting is required prior to submittal. Call the Planning & Zoning Division at (561) 742-6260 for an appointment.The meeting will address concerns regarding the type of submittal,Board review schedule,submittal procedures, fee, application form and type and number of plans/documents that are required to be submitted. 3. All review responses from the appropriate outside agencies must be received by Planning & Zoning at time of application submittal. 4. The submittal will follow the schedule identified above if the deadline has been met,and the submittal is determined acceptable for processing. To keep the review process on schedule,the amended plans deadline date is strictly enforced. Only ten (10) working days are allocated to the applicant to address staff comments and submit revised drawings. 5. Applications which require submittal of a traffic impact analysis, pursuant to the implementation of Palm Beach County Traffic Performance Standards ordinance require additional review time. Note:The applicant shall provide two(2)signed and sealed copies of the traffic impact analysis with the initial development application submittal package to the City and also submit the original traffic impact analysis and associated review fee directly to the Palm Beach County Traffic Engineering Division. 6. New telecommunications towers are first reviewed by the Tower Siting Review Team prior to applying for conditional use/site plan approval. 7. The final approval of a site plan application that corresponds with a rezoning application will be scheduled concurrent with the 2nd reading of the ordinance 8. Pursuant to Part III of the Land Development Regulations (LDR), Chapter 2, Article I, Section 4, certain uses which qualify under the economic development guidelines or which are designed in a sustainable manner may be eligible for expedited review under the Expedited Development Review Program. *Schedule subject to change. Contact the Planning&Zoning Division to verify dates. 3 Page 895 of 973 2. Meetings and Public Hearings Schedule Specific to the below Major Development Applications*: a. Abandonment c. Comprehensive Plan Map Amendment b. Annexation d. Rezoning & Master Plan November 4, 2020 January 26, 2021 February 16, 2021 March 2, 2021 December 2,2020 February 23 March 16 April 6 January 6, 2021 March 23 April 20 May 4 February 3 April 27 May 18 June 1 March 3 May 25 June 15 July 6 April 7 June 22 July 20 August 3 May 5 July 27 August 17 September 7 June 2 August 24 September 21 October 5 July 7 September 28 October 19 November 2 August 4 October 26 November 16 December 7 September 1 November 23 To be Determined To be Determined October 6 To be Determined To be Determined To be Determined November 3 January 25, 2022 February 15, 2022 March 1, 2022 1. A pre-application meeting is required prior to submittal. Call the Planning and Zoning Division at (561) 742-6260 for an appointment. The meeting will address concerns regarding the type of submittal, Board review schedule, submittal procedures, fees, application form, and type and number of plans/documents that are required to be submitted. 2. Only those proposed land use map amendments/rezonings that involve a planned development zoning district require review by the DART(Development Application Review Team). 3. A Development Order related to a land use map amendment/rezoning cannot be granted until after the amendment is in effect, which occurs 31 days after adoption unless challenged. 5. Pursuant to Part III of the Land Development Regulations (LDR), Chapter 2, Article I, Section 4, certain uses which qualify under the economic development guidelines or which are designed in a sustainable manner may be eligible for expedited review under the Expedited Development Review Program. 4. Schedule subject to change. Contact the Planning and Zoning Division to verify dates. Comprehensive Plan Future Land Use Map (FLUM) Amendments (pursuant to F.S. Chapter 163.3184) Comprehensive Plan FLUM amendments are subject to expedited state review unless they involve a use of 10 acres or fewer, in which case they qualify as"small-scale"amendments and are not state-reviewed for compliance prior to adoption. For a non- "small-scale" Comprehensive Plan FLUM amendment, the first City Commission public hearing constitutes a transmittal hearing prior to its transmittal to the State Planning Agency (SPA) and reviewing agencies. A Comment Letter from SPA must be received by the City within 30 days of receipt of Amendment. Thereafter, the adoption hearing will be scheduled. Contact the Planning and Zoning Division for further information regarding the timetable. Site Plan will proceed to City Commission for approval concurrent with final reading of ordinances for Rezoning and Land Use amendments. *Schedule subject to change. 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SURVEY: Not older than six(6) months, prepared and sealed by a licensed surveyor showing all adjacent rights-of-way, including alleys and driveways. The surveys shall also illustrate the following: 1. Total gross project acreage and square footage; 2. North arrow, scale, and legend; 3. Property boundaries, legal description, and property control number(s); 4. Existing natural features, including but not limited to lakes, trees and other vegetation, soils, and topography; 5. Existing buildings and structures, including dimensions, height, and use; 6. Existing utility lines and easements; 7. Existing ground elevations (street and finished floor); and 8. Permanent reference monuments and permanent control points as required by Chapter 4,Article VIII, Section 4 of the Land Development Regulations. B. SITE PLAN: Prepared and sealed by a professional architect, engineer, or landscape architect, which shall clearly illustrate the following: 1. Total gross project acreage and square footage; 2. North arrow, scale, and legend; 3. Future Land Use Map Classification (FLUM) and Zoning District (from Official Zoning Map); 4. Tabular summary indicating the total building area expressed in square footage, including nonresidential floor area (if applicable) and intended use of such floor area. Include proposed density and FAR vs. a maximum allowed in existing (proposed) zoning district; 5. Tabular summary indicating the total number of dwelling units (if applicable), including characteristics such as number of bedrooms, bathrooms, and size of each typical unit; 6. Tabular summary indicating square footage and percentage distribution of the total project site, including areas proposed for landscaped open space, vehicular use areas and other paved surfaces, building coverage, and pervious and impervious surfaces and usable open space (if required); 7. Tabular summary indicating number and ratio (methodology) of required and provided off-street parking spaces and loading zones; 8. Existing buildings and structures which are to remain, and any that are proposed, including their dimensions, height, setbacks, and use; 9. Proposed off-street parking spaces, loading zones, and vehicular use areas (e.g., driveways), including dimensions, setbacks, traffic control markings, and signage; 10. Proposed sidewalks and pedestrian areas, including dimensions and setbacks; 11. Proposed fences and walls, including dimensions, setbacks, height, and material; 6 Page 898 of 973 12. Proposed location of exterior freestanding lighting fixtures; and 13. Proposed dumpster or trash receptacle location(s), benches, and covered bike rack(s). C. LANDSCAPE PLAN: Prepared and sealed by a professional landscape architect. The landscape plan shall illustrate the same general information as that shown on the site plan, in addition to containing the following: 1. Proposed vegetation (trees and shrubs), including species, height, spread and size, and any which are to remain; 2. Locations of protected or specimen trees; 3. Tabular summary of plant list by type (i.e., shade tree, palm tree, shrub, or ground cover) and quantities of all plant material. The plant list shall indicate the common and botanical name of each plant, including a denotation of native species and their respective percentages, drought tolerance, and indication of butterfly attracting species and percentage; 4. Proposed berms, watercourses, and other topographic features; 5. A notation on the method of irrigation; and 6. Locations of exterior freestanding lighting fixtures, to ensure the proposed plant material will not conflict with their placement. D. MASTER PLAN: Shall clearly contain and depict the following information: 1. General Information a. Project Name b. Location (Address and/ or Legal Description) c. Property Owner, Applicant, Architect and/ or Engineer 2. Intensity & Density a. Site area in acres and square footage b. Existing and proposed Land Use Classifications c. Existing and proposed Zoning District designations d. Maximum allowed density and FAR and proposed density and FAR e. Proposed residential (dwelling units) and non-residential (square footage) uses 3. Vehicular Access a. Existing and proposed public and private streets b. Proposed access points to internal and peripheral streets 7 Page 899 of 973 4. Pedestrian and Bicycle Pathways 5. Building Massing & Height a. Provide buildings location including minimum setbacks/ build-to-lines, step-backs, and minimum and maximum height allowed and proposed. 6. Landscape & Open space Areas a. Proposed locations of landscape areas b. Minimum percentage and locations of usable Open Space, which are areas designated for active or passive activities and designed as: 1) public spaces for the purpose of gathering/socialization, such as plazas, public squares, gardens, outdoor dining courtyards, enhanced pedestrian areas, etc. This area may also include public art easements; and/or 2) private space for the use primarily of the residents/occupants of the property, such as park space, gardens, courtyards, enhanced pathways with seating and shade structures, etc. This space does not include areas such as private/fenced courtyards, patios, or the like, of individual unit owners. Provide minimum percentage of usable open space. 7. Master Plan Phasing Plan including the following information for each phase: boundary lines, maximum and minimum densities, Floor Area Ratio, general building location, massing and height. E. CIVIL ENGINEERING DRAWINGS: Prepared and sealed by a professional engineer. The civil engineering drawings shall illustrate the same general information as that shown on the site plan, in addition to the following: 1. Proposed drainage plan(s) indicating ground elevations, flow arrows, drainage structures. Include cross-section drawings at all property lines with existing proposed elevations, demonstrating all water run-off will be maintained on-site; 2. Certification by engineer of record that drainage will conform with all rules, regulations, and codes, including but not limited to the Chapter 4, Article VIII of the Land Development Regulations; 3. Traffic control markings and informational signs; 4. Locations of all water and sewer mainlines, services structures and lift stations; and 5. Locations of fire hydrants. F. ARCHITECTURAL PLANS: 1. Floor Plans: Prepared and sealed by a professional architect or engineer. The floor plan shall clearly illustrate the building floor plan, including height, number of stories, interior and exterior dimensions, doorways and other openings, and use for each space proposed within the building. 2. Elevations: Prepared and sealed by a professional architect or engineer registered in the State of Florida. The drawings shall clearly illustrate all proposed building and structure elevations, including the exterior surface, finish, paint manufacturer's name, and color code. Colored elevation drawings or renderings shall be submitted to the Planning and Zoning Division during staff review. In instances when all sides of a building or structure are consistent in color(s) and material(s)with each other, only the front elevation shall be required; however, the colored elevation drawings or renderings must identify the exterior finish and material, in conjunction with the color name, manufacturer, and color code. A color sample (swatch) shall be submitted to the Planning and Zoning Division to ensure that the project and color represented at the time of site plan approval is the same as during the inspection 8 Page 900 of 973 process. This submittal however, may be waived at the discretion of the Planning and Zoning Administrator or designee. G. PHOTOMETRIC PLAN: Prepared and sealed by a professional engineer. The photometric plans shall illustrate the same general information as that shown on the site plan, in addition to the following: 1. Detail of each type of exterior freestanding lighting fixtures, including material, color(s), height, and sizes; 2. Illumination levels (in foot-candles), including a summary table indicating the average, minimum, and maximum foot-candle levels; 3. Certification of compliance with the latest edition of the Florida Building Code and the capacity to withstand 140 MPH wind load; and 4. Proposed conduit routing. 5. Utilization of Warm White LED Lighting. H. TRAFFIC IMPACT ANALYSIS: Two (2) Traffic Impact Analysis (statement or study), prepared by a professional traffic engineer. The analysis must demonstrate compliance with the Traffic Performance Standards (TPS) of Palm Beach County, and address anticipated impacts to local, county, and state roads. The applicant shall submit a copy directly to Palm Beach County Traffic Engineering and request a Concurrency Approval Letter. I. TREE SURVEY: Prepared and sealed by a licensed surveyor. The tree survey shall include all tree species, approximate number of species in a group, and the age, condition, function, position, and landscape value of each tree. Good individual specimens, rare species, and trees of historic interest shall also be noted. J. TREE MANAGEMENT PLAN: A detailed tree management plan shall only be required for those permit applications associated with the removal of plant material as regulated under Chapter 4, Article I (Environmental Protection Standards). The applicant shall be required to submit five (5) tree management plans sized 24" x 36" and one (1) additional copy sized 11" x 17", all of which drawn to scale, and prepared and sealed by a professional landscape architect. The tree management plan shall illustrate the same general information as that shown on the site plan. The plan shall illustrate the trees that are to remain in place, as well as those which are to be relocated elsewhere on-site, including a notation regarding the reason for relocation. The plans shall also indicate the trees that are proposed to be removed and the reason for such removal. K. VISUAL IMPACT ANALYSIS (VIA): Prepared and sealed by a professional architect, engineer, or landscape architect in instances when a development is proposed and abutting an arterial or collector roadway, or to a property zoned for residential purposes. The Planning and Zoning Administrator may waive the VIA requirement when deemed unnecessary. The VIA shall include the following: 1. Line-of-Site Analysis, which may be accomplished by submitting a two (2)-dimensional cross-section of the site illustrating the proposed building elevations in relation to the aforementioned abutting rights-of-way or adjacent properties zoned for residential purposes; and 2. Landscape Elevation Plan, which illustrates the landscape material that is proposed against the building or structure elevation, or off-street parking areas abutting to all public rights-of-way, at both the time of planting and at maturity. 9 Page 901 of 973 L. NATIVE FLORIDA ECOSYSTEM SURVEY OR INVENTORY: All applications for site plan approval where proposed alterations of environmentally sensitive lands occur shall include two (2) copies of a Native Florida Ecosystem Survey or inventory. The evaluation of any proposed alteration of lands which are found to be environmentally sensitive shall be prepared by a professional biologist and contain the following information: 1. Site location map with the specific property clearly indicated; 2. Aerial photograph with the specific property clearly indicated (scale: one {1} inch equals 6001 feet or less); 3. Detailed map of existing terrestrial and aquatic vegetation, including exotic species within the jurisdictional limits of wetland jurisdiction of the U.S. Army Corps of Engineers and the Florida Department of Environmental Regulation; 4. Soil types and conditions; 5. List of endangered, threatened and rare species and species of special concern found on the site; 6. Areas or sites where colonies of birds are nesting or roosting or where migratory species are known to concentrate; 7. Archaeologically and / or historically significant features as identified or recognized by State or Federal regulations; 8. Geologically significant features; 9. Areas of previous disturbance or degradation, including present and past human uses of site; 10. Surrounding land uses; 11. Conceptual footprint of site development, including buildings, roadways, parking areas, utilities, water features, flood control structures, stormwater systems, wellfield locations, landscaped areas, buffer areas, preserve areas, and other open space areas, as an overlay to vegetation mapping; 12. Status of development approvals, including permit applications; and 13. Project Operation; a. Description of proposed operations to be performed on the site including use, storage, handling or production of substances known to be harmful to humans, plants and/or animals; b. Identification of any pollutants expected to be emitted during project operation; c. Identification of timing and source of noise and / or vibration impacts on resident and adjacent human and animal life; and d. Project Alternatives; i. Discussion of project alternatives should be provided, including options considered and rejected and the rationale for rejection of each option considered; and 10 Page 902 of 973 ii. Mitigation considerations should be discussed in detail as they relate to possible loss of habitat or impact on endangered, threatened or rare animal and plant species, or species of special concern. M. HISTORIC PRESERVATON: In instances where proposed construction, alteration, modification, or demolition is proposed to an individually designated historic building or structure or that which possesses historical significance, all applications for site plan approval shall include a statement and justification indicating that preservation significantly interferes with reasonable use of property. In the case of demolition, the applicant shall provide a Building Condition Analysis of the structure(s) to be demolished prepared by a licensed contractor and certified by a registered architect. N. DEVELOPERS AGREEMENT: A development agreement shall include the subject matter described in Section 163.3227, Florida Statutes (1991), or its successor provision. Agreements will have an expiration date of 18 months from the date of approval with one (1) possible time extension of up to 12 months, if approved by the City Commission. A standard agreement is attached to this form. The applicant may elect to draft an alternate agreement which must be reviewed and approved by the City's Attorney Office prior to City Commission approval. The Developers Agreement will be reviewed and processed concurrently with the Major Development Application and the Development Order and Conditions of Approval shall be attached to the executed Agreement. IV. REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENT AND REZOONING A. REZONING REVIEW CRITERIA: Except for city-initiated rezonings, which shall at a minimum meet criterion (2) for"consistency" approval of an amendment to the official zoning map processed with or without the flum amendment shall be reviewed based on one (1) or more of the following factors: 1. Demonstration of Need: A demonstration of need for the proposed zoning district and the land use classification. Appropriate data must be provided within the application. 2. Consistency: Whether the proposed FLUM amendment and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Approvals of a request to rezone to a planned zoning district may include limitations or requirements imposed on the master plan in order to maintain such consistency. 3. Land Use Pattern: Whether the proposed rezoning/FLUM amendment would be contrary to the established land use pattern, or would create an isolated zoning district or land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude rezonings and FLUM amendments that would result in more desirable and sustainable growth for the community. 4. Sustainability: Whether the proposed rezoning/FLUM amendment would support the integration of a mix of land uses consistent with smart growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. 5. Availability of Public Services/ Infrastructure: Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI Concurrency. 6. Compatibility: The application shall consider the following compatibility factors: a. Whether the proposed rezoning and FLUM amendment, if submitted concurrently, would be compatible with the current and future use of adjacent and nearby properties, or would negatively 11 Page 903 of 973 affect the property values of adjacent and nearby properties. b. Whether the proposed rezoning and FLUM amendment, if submitted concurrently, is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. 7. Direct Economic Development Benefits for Rezoning/ FLUM amendments Involving Rezoning to a Planned Zoning District: The review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: a. Further implementation of the Economic Development (ED) Program; b. Contribute to the enhancement and diversification of the city's tax base; c. Respond to the current market demand or community needs or provide services or retail choices not locally available; d. Create new employment opportunities for the residents, with pay at or above the county average hourly wage; e. Represent innovative methods/technologies, especially those promoting sustainability; f. Be complementary to existing uses, thus fostering synergy effects; and g. Alleviate blight/economic obsolescence of the subject area. 8. Direct Economic Benefits for Rezoning/ FLUM Amendments Involving Conventional Zoning District: For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: a. Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and b. Represent a potential decrease in the number of uses with high probable economic development benefits. 9. Commercial and Industrial Land Supply: The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: a. The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or b. The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four (4) of the Direct Economic Development Benefits listed in subparagraph 7" above; and c. The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or zoning. 10. Alternative Sites: Whether there are sites available elsewhere in the city in zoning districts which already allow the desired use. 12 Page 904 of 973 11. MASTER PLAN AND SITE PLAN COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: When master plan and site plan review are required pursuant to Section 2.D.1.e. above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. B. MASTER PLAN REVIEW CRITERIA: The master plan shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article iii and site development standards described in Chapter 4. in addition, the site plan shall be consistent with the master plan. V. REVIEW CRITERIA FOR CONDITIONAL USES In evaluation an application for conditional use, the Planning and Development Board and City Commission shall consider the effect of the propose use on the general health, safety, and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning all of the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; 2. Off-street parking and loading areas where required, with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; 3. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above; 4. Utilities, with reference to locations, availability, and compatibility; 5. Screening, buffering and landscaping with reference to type, dimensions, and character; 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; 7. Required setbacks and other open spaces; 8. General compatibility with adjacent properties, and other property in the zoning district; 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; 10. Economic effects on adjacent and nearby properties, and the city as a whole; 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; and 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15, Section 15-8. 13. A sound impact analysis shall be required for new or expanding bar, nightclub or similar uses when involving property within 300 feet of a residential district. The analysis shall include mitigating solutions that would reduce or eliminate any potential for off-site nuisance conditions. Depending on the size of the proposed use, the distances to and level of compatibility with adjacent land uses, the sound analysis may be required to include information, diagrams and sketches indicating the types and locations of proposed sound emitting equipment, speaker orientations, maximum output, building or site design intended to mitigate sound impacts, and any operational standards including an affidavit documenting maximum sound limits to be maintained based on the findings of the analysis. A live entertainment permit shall be required for a bar/nightclub use pursuant to the requirements of Chapter 3, Article IV, Section I.a, and Part II (Code of Ordinances). Chapter 13, Article IV, Section 13-80. 13 Page 905 of 973 14 Page 906 of 973 VI. MAJOR DEVELOPMENT APPLICATION FORMS IN lid ® . If yes, Date of Has a Pre-Application YES No* Meeting: Conference been held in regards to this project? ❑ ❑ Name of City Planner: * Pursuant to Chapter 2, Article II, Section 1.C.2 of the Land Development regulations, a Pre-Application Conference shall be required prior to the submittal of this application. Name of: Existing ZoningDistrict Designation (From Official Zoning Map): Se i ro o d n is ri` t. P Zon © t c p g i Qesi nation fan )= Y. Parcel Control Number(PCN): ci rY RNA rw SEC BLK ©1 . * List all PCN's on an attached addendum for applications comprised of multiple lots. Address: Legal Description(s): *Provide a list of addresses and legal descriptions on attached addendum if more space is needed. IIs the prQpeity located in the yds Np GQmmun#y Redeuelopmnt:A�rea... ( C RA Is the subject property listed in YES No the City's Inventory of Historic El El arcel i'a e' tl P Sz F In.S uar ee_ .. . : Acres ) Project Architect: PrQ'ect t: ndsca a Architect. �.. p.. Project Engineer: e o Proact.Suirve rr 16 Page 908 of 973 _ • • • • ME Full Name: First Last MI C+omp n y Name. Address: City State Zip Code :..: ..n mai contract .,'Owner .: Lessee Parc s r 1 nteret in Prc p . Y� *Provide the following property documents: a) Copy of the last recorded Warranty Deed with all applications. b) Written consent of all property owners of record if subject property is under joint or multiple ownership; c) If a lessee, include a copy of the Lease Agreement and written consent of the owner(s); d) If an authorized agent, include a copy of the Agent Agreement or written consent by the seller(s) and owner(s); e) If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that such representative has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact, an officer of the corporation or other business entity; or f) If a contract purchaser, a copy of the Purchase Contract and written consent of the seller(s)and owner(s). • • • • Full Name: First Last M.l Address,: ; Cr"t .. Y.....:: :: ..: p 17 Page 909 of 973 Full Name: First Last M.l Co a . m n P �+ Names Address: City State Zip Code Phone Email: *All correspondence will be mailed to the agent unless there I no agent of record, in which case, all correspondence will be mailed to the applicant. This party will receive agendas, letters, and other materials. Signature of authorized agent. Date Signature of Owner(s) or Trustee, of authorized principal Date if property is owned by a corporation or other business entity. OR Signature of contract purchaser(if applicant). Date Oil (1) (We) understand that this application and all papers and plans submitted herewith become part of the permanent records of the planning and zoning division. (1) (We) hereby certify that the above statements or showings in any papers or plans submitted herewith are true to the best of(my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. Signature of Owner(s) or Trustee, of authorized principal Date if property is owned by a corporation or other business entity. OR Signature of contract purchaser(if applicant). Date 18 Page 910 of 973 The undersigned as applicant for site plan approval does hereby acknowledge, represent, and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by the city of Boynton beach shall be reviewed by the various boards, commissions, staff personnel, and other parties designated, appointed, or employed by the city of Boynton beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all plans, specifications, drawings, engineering, and other data that may be approved by the City of Boynton Beach, or its boards, commissions, staff, or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in violation of this application and all approvals and permits which may be granted. The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse, and save the City of Boynton Beach harmless from any cost, expense, claim, liability, or any action which may arise due to their enforcement of the same. READ, ACKNOWLEDGED, AND AGREED TO this day of 20 Signature of Applicant Signature of Witness Signature of Witness A representative must be present at all Development Application Review Team (DART) meetings, Planning and Development Board meetings, and City Commission meetings held to review this project. 19 Page 911 of 973 VII. CONCURRENCY REQUIREMENTS: Please be advised that all applications contained herein are subject to the city's Concurrency Management Ordinance and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, park, and road facilities)would be available to serve the project, consistent with the levels of service adopted in the city's Comprehensive Plan. VIII. PUBLIC NOTICING REQUIREMENTS: The public noticing requirements contained herein shall be applicable to all FLUM/ Rezonings, new site plans and major site plan modification applications. Pursuant to City of Boynton Beach Ordinance 04-007 and 05-004, no quasi-judicial proceeding shall proceed until proof of notice of the proceeding, in affidavit form, has been filed with the Office of the City Clerk and copied to Planning & Zoning. Proof of notice must include the name and address of each property owner to whom notice was mailed and a photograph of each sign posted, as hereinafter required. The following notices must be paid for and provided by the applicant: A. MAILING: The applicant shall mail (by first class mail) a notice of public hearing to the Planning and Zoning Division, and to all individuals and associations owning or having control over land located within 400 feet of the boundary line of the subject property for which the quasi-judicial hearing is required. All notices shall be mailed and postmarked no less than 10 calendar days before the public hearing. 20 Page 912 of 973 Palm Beach County Property Appraiser Office Attention: Mapping Division Downtown Service Center Address: 301 North Olive Avenue, West Palm Beach, FL 33401 Phone: (561) 355-2866 Fax: (561) 355-3881 South County Office Address: 14925 Cumberland Drive, Delray Beach, FL 33401 Phone: (561) 276-1250 A. SIGNAGE: One (1) sign for each street frontage of the property shall be posted no less than 10 calendar days prior to the hearing. More than one (1) sign may be needed depending upon size of property and number of entry drives. The sign shall be legible from a distance of 100 feet and shall contain a description of the approval being sought, the date, time and location of the hearing, and a statement that the application being considered is available for inspection in the Development Department of the City of Boynton Beach. 24" M' mum PUBLIC HEARING NOTICE Dates: Times: Type of Application(s): Proposed Use(s): c Location: City Commissiln Chambers, City Hall 100 E. Ocean Avenue Information: Planning and Zoning Division POSTPONEMENT: WHEN A QUASI-JUDICIAL HEARING IS TABLED OR CONTINUED AT THE REQUEST OF AN APPLICANT, RE-NOTICE OF THE HEARING SHALL BE PROVIDED BY THE APPLICANT IN THE SAME MANNER AS ORIGINAL NOTICE. 21 Page 913 of 973 IX. CITY TECHNICAL SUPPORT AT PUBLIC MEETINGS: A. Applicants who wish to utilize City electronic media equipment for presentations at City Commission public hearings must notify the Planning and Zoning Department representative at least one (1) week prior to the scheduled meeting; B. The notification is to include the scope of support to be provided, including the corresponding agenda item, type of media, materials and equipment needed, along with contact information for the applicant; C. The department representative will notify the I.T.S. Department at least two (2) working days prior to the Commission Meeting to schedule technical support; D. A copy of the items to be presented must be delivered to The I.T.S. Department no later than 5:00 p.m. on the working day preceding the Commission Meeting. At the conclusion of the meeting, these items will be returned to the department representative who originated the request; E. In the event that media or materials are defective, I.T.S Department will notify department representative by noon of the day of the meeting. F. At least thirty minutes prior to the Commission Meeting, non-city individual will meet with I.T.S. Department representative to finalize procedures. 22 Page 914 of 973 X. AFFIDAVIT: RE: Property Address: Project Name: File #: I /We, the undersigned do certify that to the best of my knowledge, the attached ownership list, 400' radius map and mailing labels are a complete and accurate representation of the real estate property and property owners within at least 400 feet of the above-referenced subject property. This reflects the most current records on file in the Palm Beach County Property Appraiser's Office. The notifications were postmarked a minimum of 10 days in advance of the public hearing. Site signs were posted on the premises a minimum of 10 days in advance of the public hearing in accordance with City Ordinance 04-007. Attached, are photographs of the signs showing their placement on the property and the abutting right-of-way. Sincerely, Signature of Applicant/Agent Print Name County of.- Sworn to(or affirmed)and subscribed before me this: day of By, Name of person making statement Signature of Notary Public— State of Florida Print, Type, or Stamp Commission Name of Notary Public Physical ❑ Or Online ❑ Presence Notarization Personally ❑ Or Produced ❑ Known Identification Type of Identification Produced: 23 Page 915 of 973 XI. ART IN PUBLIC PLACES FORM migill Please contact Public Arts Administrator, at 561-742-6026 for more information regarding the public art requirements. Any proposed development, redevelopment, or remodeling project that has a construction value of$250,000 or more is subject to the Arts in Public Places Ordinances 05-060 and 07-002 (Part II, City Code of Ordinances, Chapter 2, Article XII) shall provide the following: Project Name: Location+ Art Description: * Including project design, image content, special features/amenities, special construction materials. YES NO YE5 NO Is`the ark.�6 ation accessible#o.the. .: Will an artist be`hired•b the....:...: ... E.', `. Y If not, would you want a Call to Artists YES NOConstructed Value for the through the Arts Commission? ❑ ❑ Project? $ P bl" I: Budget for art Component of Project (70% of 1%fee above): $ 11. Elect to pay Public Art fee in', Lieu cif placincg public YES NfJ '' ro'ect........... * Artist resume shall be submitted to Arts Commission for approval. 24 Page 916 of 973 Full Name: First Last M.I. Comp an Y'. Name- Address: City State Zip Code Phone. ..... ...... Email Website..: OFFICIAL USE ONLY Site Plan Date: Estimated Completion Time: Arts Commission Meeting Date: S:\Planning\Forms\P&Z Applications\Current Style\Word Version\Major Development Application -6.3.2021.docx 25 Page 917 of 973 CITY OF BOYNTON BEACH City Applications and Codes PLANNING & ZONING DIVISION Accessed via website www.boynton-beach.org 3301 Quantum Blvd, Suite 1 www.amlegal.com/boynton- Boynton Beach, FL 33426 beach flus Revised:5-22-2020 Phone: (561) 742-6260 MINOR DEVELOPMENT APPLICATION I. GENERAL INFORMATION This application must be filled out completely, accurately, and submitted as an original to the Planning and Zoning Division; an incomplete application will not be processed. Print legibly (in ink) or type all information. In addition to the original, provide a copy of the completed application as part of the submittal, and pay the applicable fee(s) as adopted by the City Commission. The procedures and application processes for the below referenced major development applications is further described in Chapter 2, Article II, Section 2 and 3 of the Land Development Regulations. II. APPLICATION TYPES, PROCESSES AND MEETING DATES Please use the below table to select the applicable land development application(s) or request(s) and applicable meeting(s). Table 1 0, ADMINISTRATIVE ADJUSTMENT LOT LINE MODIFICATION V V MINOR LANDSCAPE PLAN MODIFICATION • �/ MINOR MASTER PLAN MODIFICATION MINOR SITE PLAN MODIFICATION • �/ MINOR SITE PLAN TIME EXTENSION V V MOBILE VENDING UNIT V %/ NEW MINOR SITE PLAN V V SIDEWALK CAFE ' SIGN PROGRAM • Required: I/ May be Required: • 1. Requires approval by the CRA Board and City Commission. 2. DART meeting applicability is determined by the City's Planning and Zoning Administrator. 3. By written request, the applicant shall have the right to withdraw an application at any time prior to the final action of the application by the decision-making body or person. 1 Page 918 of 973 A. PRE-APPLICATION CONFERENCE (PRE-APP) A PRE-APP is the initial informal meeting between staff and the applicant to collaborate and discuss the City's overall goals, objectives, policies, codes, and regulations. The meeting allows the applicant to receive information and a description of the relevant review procedures anticipated from each staff discipline, Advisory Board, and City Commission. Opinions expressed at the conference are not binding for formal review purposes. B. DEVELOPMENT APPLICATION REVIEW TEAM (DART) DART is an informal application review procedure intended to ensure compliance with standards and requirements of the City's Land Development Regulations or other applicable codes. DART applicability is determined by the Planning and Zoning Administrator following the Pre-Application Meeting. 2 Page 919 of 973 E E0 > � 5 5 > - 7 \ \ o . . 0 / k\ § o k § \ \ E / /o co \ kik . . . 'S 2 2 / ] / % 7 / w E § = ® q 2 rl- 0EG / E \ 2 z \k 0 / k C \ . O Co \ m _0 c E _ . . . $ q 00 # E f= ¢ / E� 0 E § .- - 2 { c Co o § < C 0 2 3 2 . . c = .g \ & c e 2 c R e co 2 ` ~ ' } $ 7 E \ \ n \ / \ e . . / / M 2 ma o f F ƒ . . . . . % . . ® \ / kc \ § ( \/ co m § ._ 0 / \ 0 k ® 1-0 \ 2 # c E gcc:- 0 / ƒ � 62 / . & . a c � $ 2 \ 7 = [ § % 2 § 2 4 2 ' 2 0 £ § q »« = 2 ... . . . . D o C4 co 0 \ - � \ sg = _ 2 § f o * B7k o ' E . 022 k ■ 3 0 qR \ o 4 5 ¥ »a ° 2 / ƒ \ < \ . . \ % \ E cu E « - _ f Co n \ \ ® \ ® ® \ § 2 0 / q \ k / § 7 \ /\ q \ 2 ƒ \ \ = o / m / / m G 2 ' \ § o / \ ° k £ 2 2 / $ w o I e 7 e c \ c g § a $ = o f \ \ Co Co / > \ g \ - \ \ § U c = t E L # ' z 0- c c 0) m . o = o f c o 2 % _ O § /t e \ R 2 \ e 2 # ) § & + � § 2 \ / e § o § - 7 % 4 _ \ E » \ 7 c o o n % c 2 § E % 0 ' = f e w / c = c = ) G o ) \ o E / a e \ 2 X2222 @ ' f q 70- � \ 0 % F 2 A $ \z-- \ / - \ I I \ \ q \ \ % \ / § k >CY § skk ° CL cm ( ° § ® ® / � � I c c 2 c § § ± § k & ƒ ° E K � 7 � 0 A. SURVEY: Not older than six(6) months, prepared and sealed by a licensed surveyor showing all adjacent rights-of-way, including alleys and driveways. The surveys shall also illustrate the following: 1. Total gross project acreage and square footage; 2. North arrow, scale, and legend; 3. Property boundaries, legal description, and property control number(s); 4. Existing natural features, including but not limited to lakes, trees and other vegetation, soils, and topography; 5. Existing buildings and structures, including dimensions, height, and use; 6. Existing utility lines and easements; 7. Existing ground elevations (street and finished floor); and 8. Permanent reference monuments and permanent control points as required by Chapter 4, Article VI 11, Section 4 of the Land Development Regulations. B. SITE PLAN: Prepared and sealed by a professional architect, engineer, or landscape architect, which shall clearly illustrate the following: 1. Total gross project acreage and square footage; 2. North arrow, scale, and legend; 3. Future Land Use Map Classification (FLUM) and Zoning District (from Official Zoning Map); 4. Tabular summary indicating the total building area expressed in square footage, including nonresidential floor area (if applicable) and intended use of such floor area. Include proposed density and FAR vs. a maximum allowed in existing (proposed) zoning district; 5. Tabular summary indicating the total number of dwelling units (if applicable), including characteristics such as number of bedrooms, bathrooms, and size of each typical unit; 6. Tabular summary indicating square footage and percentage distribution of the total project site, including areas proposed for landscaped open space, vehicular use areas and other paved surfaces, building coverage, and pervious and impervious surfaces and usable open space (if required); 7. Tabular summary indicating number and ratio (methodology) of required and provided off-street parking spaces and loading zones; 8. Existing buildings and structures which are to remain, and any that are proposed, including their dimensions, height, setbacks, and use; 9. Proposed off-street parking spaces, loading zones, and vehicular use areas (e.g., driveways), including dimensions, setbacks, traffic control markings, and signage; 10. Proposed sidewalks and pedestrian areas, including dimensions and setbacks; 11. Proposed fences and walls, including dimensions, setbacks, height, and material; 4 Page 921 of 973 12. Proposed location of exterior freestanding lighting fixtures; and 13. Proposed dumpster or trash receptacle location(s), benches, and covered bike rack(s). C. LANDSCAPE PLAN: Prepared and sealed by a professional landscape architect. The landscape plan shall illustrate the same general information as that shown on the site plan, in addition to containing the following: 1. Proposed vegetation (trees and shrubs), including species, height, spread and size, and any which are to remain; 2. Locations of protected or specimen trees; 3. Tabular summary of plant list by type (i.e., shade tree, palm tree, shrub, or ground cover) and quantities of all plant material. The plant list shall indicate the common and botanical name of each plant, including a denotation of native species and their respective percentages, drought tolerance, and indication of butterfly attracting species and percentage; 4. Proposed berms, watercourses, and other topographic features; 5. A notation on the method of irrigation; and 6. Locations of exterior freestanding lighting fixtures, to ensure the proposed plant material will not conflict with their placement. D. MASTER PLAN: Shall clearly contain and depict the following information: 1. General Information a. Project Name b. Location (Address and/or Legal Description) c. Property Owner, Applicant, Architect and/or Engineer 2. Intensity & Density a. Site area in acres and square footage b. Existing and proposed Land Use Classifications c. Existing and proposed Zoning District designations d. Maximum allowed density and FAR and proposed density and FAR e. Proposed residential (dwelling units) and non-residential (square footage) uses 3. Vehicular Access a. Existing and proposed public and private streets b. Proposed access points to internal and peripheral streets 5 Page 922 of 973 4. Pedestrian and Bicycle Pathways 5. Building Massing & Height a. Provide buildings location including minimum setbacks/ build-to-lines, step-backs, and minimum and maximum height allowed and proposed. 6. Landscape & Open space Areas a. Proposed locations of landscape areas b. Minimum percentage and locations of usable Open Space, which are areas designated for active or passive activities and designed as: 1) public spaces for the purpose of gathering/socialization, such as plazas, public squares, gardens, outdoor dining courtyards, enhanced pedestrian areas, etc. This area may also include public art easements; and/or 2) private space for the use primarily of the residents/occupants of the property, such as park space, gardens, courtyards, enhanced pathways with seating and shade structures, etc. This space does not include areas such as private/fenced courtyards, patios, or the like, of individual unit owners. Provide minimum percentage of usable open space. 7. Master Plan Phasing Plan including the following information for each phase: boundary lines, maximum and minimum densities, Floor Area Ratio, general building location, massing and height. E. CIVIL ENGINEERING DRAWINGS: Prepared and sealed by a professional engineer. The civil engineering drawings shall illustrate the same general information as that shown on the site plan, in addition to the following: 1. Proposed drainage plan(s) indicating ground elevations, flow arrows, drainage structures. Include cross-section drawings at all property lines with existing proposed elevations, demonstrating all water run-off will be maintained on-site; 2. Certification by engineer of record that drainage will conform with all rules, regulations, and codes, including but not limited to the Chapter 4, Article VIII of the Land Development Regulations; 3. Traffic control markings and informational signs; 4. Locations of all water and sewer mainlines, services structures and lift stations; and 5. Locations of fire hydrants. F. ARCHITECTURAL PLANS: 1. Floor Plans: Prepared and sealed by a professional architect or engineer. The floor plan shall clearly illustrate the building floor plan, including height, number of stories, interior and exterior dimensions, doorways and other openings, and use for each space proposed within the building. 2. Elevations: Prepared and sealed by a professional architect or engineer registered in the State of Florida. The drawings shall clearly illustrate all proposed building and structure elevations, including the exterior surface, finish, paint manufacturer's name, and color code. Colored elevation drawings or renderings shall be submitted to the Planning and Zoning Division during staff review. In instances when all sides of a building or structure are consistent in color(s) and material(s)with each other, only the front elevation shall be required; however, the colored elevation drawings or renderings must identify the exterior finish and material, in conjunction with the color name, manufacturer, and color code. A color sample (swatch) shall be submitted to the Planning and Zoning Division to ensure that the project and color represented at the time of site plan approval is the same as during the inspection 6 Page 923 of 973 process. This submittal however, may be waived at the discretion of the Planning and Zoning Administrator or designee. G. PHOTOMETRIC PLAN: Prepared and sealed by a professional engineer. The photometric plans shall illustrate the same general information as that shown on the site plan, in addition to the following: 1. Detail of each type of exterior freestanding lighting fixtures, including material, color(s), height, and sizes; 2. Illumination levels (in foot-candles), including a summary table indicating the average, minimum, and maximum foot-candle levels; 3. Certification of compliance with the latest edition of the Florida Building Code and the capacity to withstand 140 MPH wind load; and 4. Proposed conduit routing. 5. Utilization of Warm White LED Lighting. H. TRAFFIC IMPACT ANALYSIS: Two (2) Traffic Impact Analysis (statement or study), prepared by a professional traffic engineer. The analysis must demonstrate compliance with the Traffic Performance Standards (TPS) of Palm Beach County, and address anticipated impacts to local, county, and state roads. The applicant shall submit a copy directly to Palm Beach County Traffic Engineering and request a Concurrency Approval Letter. I. TREE SURVEY: Prepared and sealed by a licensed surveyor. The tree survey shall include all tree species, approximate number of species in a group, and the age, condition, function, position, and landscape value of each tree. Good individual specimens, rare species, and trees of historic interest shall also be noted. J. TREE MANAGEMENT PLAN: A detailed tree management plan shall only be required for those permit applications associated with the removal of plant material as regulated under Chapter 4, Article I (Environmental Protection Standards). The applicant shall be required to submit five (5) tree management plans sized 24" x 36" and one (1) additional copy sized 11" x 17", all of which drawn to scale, and prepared and sealed by a professional landscape architect. The tree management plan shall illustrate the same general information as that shown on the site plan. The plan shall illustrate the trees that are to remain in place, as well as those which are to be relocated elsewhere on-site, including a notation regarding the reason for relocation. The plans shall also indicate the trees that are proposed to be removed and the reason for such removal. K. VISUAL IMPACT ANALYSIS (VIA): Prepared and sealed by a professional architect, engineer, or landscape architect in instances when a development is proposed and abutting an arterial or collector roadway, or to a property zoned for residential purposes. The Planning and Zoning Administrator may waive the VIA requirement when deemed unnecessary. The VIA shall include the following: 1. Line-of-Site Analysis, which may be accomplished by submitting a two (2)-dimensional cross-section of the site illustrating the proposed building elevations in relation to the aforementioned abutting rights-of-way or adjacent properties zoned for residential purposes; and 2. Landscape Elevation Plan, which illustrates the landscape material that is proposed against the building or structure elevation, or off-street parking areas abutting to all public rights-of-way, at both the time of planting and at maturity. 7 Page 924 of 973 L. NATIVE FLORIDA ECOSYSTEM SURVEY OR INVENTORY: All applications for site plan approval where proposed alterations of environmentally sensitive lands occur shall include two (2) copies of a Native Florida Ecosystem Survey or inventory. The evaluation of any proposed alteration of lands which are found to be environmentally sensitive shall be prepared by a professional biologist and contain the following information: 1. Site location map with the specific property clearly indicated; 2. Aerial photograph with the specific property clearly indicated (scale: one {1} inch equals 6001 feet or less); 3. Detailed map of existing terrestrial and aquatic vegetation, including exotic species within the jurisdictional limits of wetland jurisdiction of the U.S. Army Corps of Engineers and the Florida Department of Environmental Regulation; 4. Soil types and conditions; 5. List of endangered, threatened and rare species and species of special concern found on the site; 6. Areas or sites where colonies of birds are nesting or roosting or where migratory species are known to concentrate; 7. Archaeologically and / or historically significant features as identified or recognized by State or Federal regulations; 8. Geologically significant features; 9. Areas of previous disturbance or degradation, including present and past human uses of site; 10. Surrounding land uses; 11. Conceptual footprint of site development, including buildings, roadways, parking areas, utilities, water features, flood control structures, stormwater systems, wellfield locations, landscaped areas, buffer areas, preserve areas, and other open space areas, as an overlay to vegetation mapping; 12. Status of development approvals, including permit applications; and 13. Project Operation; a. Description of proposed operations to be performed on the site including use, storage, handling or production of substances known to be harmful to humans, plants and/or animals; b. Identification of any pollutants expected to be emitted during project operation; c. Identification of timing and source of noise and / or vibration impacts on resident and adjacent human and animal life; and d. Project Alternatives; i. Discussion of project alternatives should be provided, including options considered and rejected and the rationale for rejection of each option considered; and 8 Page 925 of 973 ii. Mitigation considerations should be discussed in detail as they relate to possible loss of habitat or impact on endangered, threatened or rare animal and plant species, or species of special concern. M. HISTORIC PRESERVATON: In instances where proposed construction, alteration, modification, or demolition is proposed to an individually designated historic building or structure or that which possesses historical significance, all applications for site plan approval shall include a statement and justification indicating that preservation significantly interferes with reasonable use of property. In the case of demolition, the applicant shall provide a Building Condition Analysis of the structure(s) to be demolished prepared by a licensed contractor and certified by a registered architect. N. CONCURRENCY REQUIREMENTS: Please be advised that all applications contained herein are subject to the city's Concurrency Management Ordinance and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, recreation, park, and road facilities) would be available to serve the project, consistent with the levels of service adopted in the city's Comprehensive Plan. O. REQUIRED DOCUMENTS APPLICABLE TO SIDEWALK CAFE APPLICATIONS: 1. CONSENT: The applicant shall have written consent from the property owner(s)to operate a sidewalk cafe. 2. BUSINESS TAX RECEIPT: The applicant shall provide a copy of the valid business tax receipt from the associated Restaurant or Nightclub. 3. INSURANCE: The applicant shall provide proof of liability insurance in the amount of$1,000,000.00 per occurrence, and to include City of Boynton Beach as an additional insured on policy. The policy should also state that the City shall receive 30-day notification of cancellation. 4. HOLD HARMLESS AGREEMENT: The applicant shall enter into a hold harmless agreement with the City of Boynton Beach. Please, refer to Section V below. 5. DRAWING: A scaled drawing depicting the layout and dimensions of the existing sidewalk and contiguous private property. On one (1) sheet, the drawing shall illustrate size and location of chairs, tables, steps, trees, bus shelters, sidewalk benches, trash receptacle, freestanding lighting fixtures and signs, handicap ramps, and anything else that could potentially obstruct the sidewalk or impede pedestrian traffic. The illustration shall include distances between the aforementioned items to ensure the design is functional and complies with handicap accessibility regulations. 6. ELEVATIONS OR PHOTOGRAPHS: The applicant shall submit elevation drawings, photographs, or the manufacturers brochures of all tables, chairs, umbrellas, etc. that will be used as part of the application. 9 Page 926 of 973 IV. MINOR DEVELOPMENT APPLICATION FORMS If yes, Date of Has a Pre-Application YES No Meeting: Conference been held in regards to this project? Name of City Planner: Marne.cif.Pro'ect.; Description of Existing Use(s) of Property/ Site: De c" "tionf r ose ses ; f' o d ro ertY"'! te- p... a S . * Describe the proposed use(s) and building size(s), expressed in square feet. Previous Site Plan Approval on YES NO Subject Property: is the proposed use eligibli:for the City's Expedited Revel©pment Review Program pursuant to "Ye's, N© Chapter 2; Article 1, Section of the:Land,Develo meet p # Ye r e f s A ova#Date.... R ulat�ons?....:...: 9 . * On an attached addendum, indicate the proposed uses(s) and / or describe the project's characteristics that avails itself the opportunity for Program eligibility. Existing Land Use Classification (from Future Land Use Map): i > Pro os' ` L nd i is o p e�! a Use':Class f at _ n if an Existing Zoning'District Designation (From Official Zoning Map): 10 Page 927 of 973 r© s o i trio Ppo ed n Des n J ::..:Mesa nation. i#an Parcel Control Number(PCN): cirY' RNA TWP SEC sus BLK * List all PCN's on an attached addendum for applications comprised of multiple lots. Address: Legal Description(s): *Provide a list of addresses and legal descriptions on attached addendum if more space is needed. Is the property located in thi: YE$ NO Community Redeue(opm�nt:Area.... Is the subject property listed in YES NO the City's Inventory of Historic Sites? :cel is a Fe t/ " Pa Sz In.S uair e_. {. . Acres Project Architect: Pra'ect Landsca a Architect: �.. p:. Project Engineer: <Pro"ec# urue or: S . �. .. 11 Page 928 of 973 Full Name: First Last M.I. CnQm a p Y Name.. Address: City State Zip Code Qwner Lessee Contract P rcha r. u �� .: .....:...: ! . e . c nterea't.in Fir .. k�ekne : ...:.:: pY( ) IN Full Name: First Last M.l Address; y p 12 Page 929 of 973 Full Name: First Last M.l Co an m p. Y Address: City State Zip Code Phone: Email: *All correspondence will be mailed to the agent unless there I no agent of record, in which case, all correspondence will be mailed to the applicant. This party will receive agendas, letters, and other materials. Signature of authorized agent. Date Signature of Owner(s) or Trustee, of authorized principal Date if property is owned by a corporation or other business entity. OR Signature of contract purchaser(if applicant). Date M 11 NONE= (1) (We) understand that this application and all papers and plans submitted herewith become part of the permanent records of the planning and zoning division. (1) (We) hereby certify that the above statements or showings in any papers or plans submitted herewith are true to the best of(my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. Signature of Owner(s) or Trustee, of authorized principal Date if property is owned by a corporation or other business entity. OR Signature of contract purchaser(if applicant). Date 13 Page 930 of 973 The undersigned as applicant for site plan approval does hereby acknowledge, represent, and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by the city of Boynton beach shall be reviewed by the various boards, commissions, staff personnel, and other parties designated, appointed, or employed by the city of Boynton beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all plans, specifications, drawings, engineering, and other data that may be approved by the City of Boynton Beach, or its boards, commissions, staff, or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in violation of this application and all approvals and permits which may be granted. The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse, and save the City of Boynton Beach harmless from any cost, expense, claim, liability, or any action which may arise due to their enforcement of the same. READ, ACKNOWLEDGED, AND AGREED TO this day of 20 Signature of Applicant Signature of Witness Signature of Witness A representative must be present at all Development Application Review Team (DART) meetings. 14 Page 931 of 973 V. SIDEWALK CAFE PERMIT REQUIRED FORMS A. CITY OF BOYNTON BEACH SIDEWALK CAFE HOLD HARMLESS AGREEMENT This Hold Harmless Agreement is made on by and between the City of Boynton Date Beach, Florida (the City) and Applicant WITNESSTH: WHEREAS, located at City of Boynton Beach, Florida, has requested a Permit for a sidewalk cafe pursuant to the requirements as contained herein, and Chapter 2, Article 11, Section 6.D. and Chapter 3 V, Section 9 of the Land Development Regulations; and WHEREAS, prior to authorizing the establishment of a sidewalk cafe, the applicant must enter into a Hold Harmless Agreement with the City of Boynton Beach, and provide proof of insurance in conformance with the requirements contained in Pat I I.0 above of this application and with the applicable Land Development Regulations; and WHEREAS, agrees to abide by all the regulations governing sidewalk cafes as contained herein and with the City of Boynton Beach Land Development Regulations. NOW THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. The recitations set forth above are incorporated herein. 2. acknowledges that the City shall assume no responsibility for such land, structures, improvements, materials, appearances, or furniture, or the partial or complete destruction or removal of the same on the subject property. 15 Page 932 of 973 3. shall defend, indemnify, and hold harmless, the City, its agents, officers, employees, and servants from any and all claims, suits, causes of action or any claim whatsoever made, arising from the permit of the City to establish a sidewalk cafe or from any claims for damages to property or injuries to persons which may be occasioned by any activity carried on under the terms of the permit. 4. , agrees to provide all insurance required as contained herein and pursuant to the applicable Land Development Regulations. Failure to maintain the required insurance shall be sufficient cause for the City of Boynton Beach to suspend or revoke the Sidewalk Cafe permit issued pursuant to this application and the applicable Land Development Regulations. Applicant's Signature Witness's Signature Applicant's Printed Name Witness's Printed Name Witness's Signature Witness's Printed Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this on , by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/ She is personally known to me or has produced (type of identification) as identification. 16 Page 933 of 973 Signature of Notary Public City Clerk City Manager Approved as to Form and Legal Sufficiency: City Attorney 17 Page 934 of 973 B. STATEMENT: The applicant shall submit a signed statement acknowledging receipt and understanding of the City's sidewalk cafe regulations, and a promise of future compliance with such regulations. I, , acknowledge receipt of a copy of the City of Applicant's Printed Name Boynton Beach Sidewalk Cafe permit regulations. I have read and understand the regulations. Restaurant Name and Address Applicant's Signature Date 18 Page 935 of 973 VI. ART IN PUBLIC PLACES FORM Please contact the Public Arts Administrator at 561-742-6026 for more information regarding the public art requirements. Any proposed development, redevelopment, or remodeling project that has a construction value of$250,000 or more is subject to the Arts in Public Places Ordinances 05-060 and 07-002 (Part II, City Code of Ordinances, Chapter 2, Article XII) shall provide the following: IN Project Name: Location+ Art Description:" * Including project design, image content, special features/amenities, special construction materials. YES NO YES 'N© Is the art location accessible#o.the. .: Wild Ana rtist be.hired b the....:...:' . .y. bl deye o p. p.................... If not, would you want a Call to Artists YES NOConstructed Value for the through the Arts Commission? ® Project? $ u I' 1. Budget for art Component of Project (70% of 1%fee above): $ 11. Elect fio pay PublicArt fee in`_ YES NO Lieu of placing public airt..in.:. .. '' ro'ect........... *Artist resume shall be submitted to Arts Commission for approval. 19 Page 936 of 973 Full Name: First Last M.I. Com an p Y' Address: City State Zip Code Phone# ...... Email Websi, MEN SEE OFFICIAL USE ONLY Site Plan Date: Estimated Completion Time: Arts Commission Meeting Date: S:\Planning\Forms\P&Z Applications\Current Style\Word Version\Minor Development Applications-4.22.2020.docx 20 Page 937 of 973 CITY OF BOYNTON BEACH City Applications and Codes PLANNING & ZONING DIVISION Accessed via website www.boynton-beach.org 3301 Quantum Blvd, Suite 1 www.amlegal.com/boynton- Boynton Beach, FL 33426 beach flus Revised:4-22-2020 Phone: (561) 742-6260 RELIEF APPLICATION I. GENERAL INFORMATION This application must be filled out completely, accurately, and submitted as an original to the Planning and Zoning Division; an incomplete application will not be processed. Print legibly (in ink) or type all information. In addition to the original, provide a copy of the completed application as part of the submittal, and pay the applicable fee(s) as adopted by the City Commission. The procedures and application processes for the below referenced relief applications is further described in Chapter 2, Article II, Section 4 of the Land Development Regulations. II. APPLICATION TYPES, PROCESSES AND MEETING DATES Please use the below table to select the applicable land development application(s) or request(s) and applicable meeting(s). s; � I F Table 1 ADMINISTRATIVE ADJUSTEMENTt �I ADMINISTRATIVE WAIVER CERTIFICATE OF CONFORMITY REQUEST FOR ACCOMODATION COMMUNITY DESIGN APPEAL HEIGHT EXCEPTION VARIANCE TO LAND DEVELOPMENT REGULATIONS V V / Required: Empty Cell: Not Required 1. Application is reviewed by staff and action is taken by the appropriate administrative official. 2. The requested Community Design Appeal shall be processed concurrent with a site plan unless otherwise determined by the Director of Planning and Zoning or Designee. 3. Quasi-judicial proceedings are required pursuant to Part II (City Code of Ordinances), Chapter 2,Article I, Section 2-20. 4. By written request, the applicant shall have the right to withdraw an application at any time prior to the final action of the application by the decision-making body or person. 5. A request for height exception shall be processed concurrent with a site plan unless otherwise determined by the Director of Planning and Zoning or designee, or if the height exception application is in connection with a single-family or duplex home located on an individually platted lot within a single-family or two-family residential district. 1 Page 938 of 973 A. PRE-APPLICATION CONFERENCE (PRE-APP) A PRE-APP is the initial informal meeting between staff and the applicant to collaborate and discuss the City's overall goals, objectives, policies, codes, and regulations. The meeting allows the applicant to receive information and a description of the relevant review procedures anticipated from each staff discipline, Advisory Board, and City Commission. Opinions expressed at the conference are not binding for formal review purposes. Additionally, the conference will address concerns regarding the type of submittal, Board review schedule, submittal procedures, fee, application form and type and number of plans/documents that are required to be submitted. B. PLANNING AND DEVELOPMENT BOARD (P&D) The P&D Board is the City Commission's advisory board. During the P&D meeting, the Board considers all presented items, including the staff report, exhibits, and recommendations, in conjunction with any testimony or other information presented at the meeting, and recommends approval or denial to City Commission. C. CITY COMMISSION (CC) After the P&D Board conducts its review and formulates a recommendation, the Planning and Zoning Administrator, designee, or reviewing authority would forward the items to the City Commission for final review and approval. The Commission will review all presented items, including the staff report, exhibits, and recommendations, in conjunction with any testimony or other information presented at all meetings, and vote as follows: approve the application; approve the application subject to conditions; table or defer their decision to a subsequent meeting; or deny the application. 2 Page 939 of 973 O. MEETING AND HEARING DATES: 1. Meetings and Public Hearings Gohadu|a Specific to the ba|ovv Relief Application Types a. Community Design Plan Appeal b. Height Exception o. Variance to Land Development Regulations I is November 6, 2019 December 10, 2019 January 28, 2020 February 18, 2020 December 4, 2019 January 14, 2020 February 25 March 18 January 2, 2020 February 11 March 24 April 21 February 5 March 17 April 28 May 19 March 4 COMMENTS April 14 May 26 June 16 DELIVERED April I TO May 12 June23 July 21 May 6 APPLICANT June 16 July 28 August 19 June 3 TWO WEEKS July 14 August 25 September 15 PRIOR TO — July 1 DART August 11 September 22 October 20 August 5 September 15 October 27 November 17 September 2 October 13 November 24 December 15 October 7 November 17 To Be Determined To Be Determined November 4 December 15 January 26, 2021 February 16, 2021 1 A pre-application meeting is required prior tosubmittal. Call the Planning & Zoning Division at (501) 742'0200 for an appointmentThe meeting will address concerns regarding the type of submittal, Board review schedule,submittal procedures, fee, application form and type and number of plans/documents that are required to be submitted. 2 All review responses from the appropriate outside agencies must be received by Planning & Zoning at time of application submittal. 3 The submittal will follow the schedule identified above if the deadline has been met,and the submittal is determined acceptable for processing. To keep the review process on schedule, the amended plans deadline date is strictly enforced. Only ten (10) working days are allocated to the applicant toaddress staff comments and submit revised drawings. "Schedule subject tochange. Contact the Planning &Zoning Division toverify dates. 3 Page 940 Of 973 III. REQUIRED DOCUMENTS Below, for your convenience, is Table 2.1 and Table 2.2, which lists the documents and plans that are required, or may be required, for each type of relief application or request. Please refer to Table 2.1 and Table 2.2, as well as the below Sections A-G and Section IV, Review Criteria, when preparing the application package. Be advised that following the application submittal additional documents, information, studies, data, and or analysis pertinent to the project may be requested on a case by case basis in order to ensure a thorough and efficient review by staff. The applicant will be provided a reasonable amount of time to gather the requested material. Table 2.1 gi IN o 0 0 All applications/requests are required to submit the following documents: 1) Project Narrative with Justification Statement. 2) Property owner(s) written consent and Agent Authorization, if applicant is represented by and Agent. 3) Lease agreement and/or purchase agreement, if applicable. Table 2.2 A 1 @ m A � A � A ® A A A � A A � A 0 0 A ® A ®® Administrative Adjustment Certificate of Conformity,2 • • • Request for Accommodation • �/ • Community Design Appeal • • • �/ • • • Height Exception • • • Variance to LDR1 • • • • • Administrative Waiver The applicant shall submit the required documents listed in Table 2.1. Required: `/ May be Required: • 1. Project Narrative/Justification Statement Report shall include responses to the applicable review criteria,which can also be found in Chapter 2, Article II, Section 4 of the Land Development Regulations. 2. This subsection shall apply to all properties impacted by the necessary expansion of an abutting right-of-way. If the right-of-way expansion impacts either a landscape buffer abutting a right-of-way or a perimeter landscape buffer, then a revised landscape plan shall be required (in the number of copies specified by the Division). 4 Page 941 of 973 A. SURVEY: Not older than six(6) months, prepared and sealed by a licensed surveyor showing all adjacent rights-of-way, including alleys and driveways. The surveys shall also illustrate the following: 1. Total gross project acreage and square footage; 2. North arrow, scale, and legend; 3. Property boundaries, legal description, and property control number(s); 4. Existing natural features, including but not limited to lakes, trees and other vegetation, soils, and topography; 5. Existing buildings and structures, including dimensions, height, and use; 6. Existing utility lines and easements; 7. Rights-of-ways; 8. Existing ground elevations (street and finished floor); 9. Location Sketch; and 10. Permanent reference monuments and permanent control points as required by Chapter 4,Article VI 11, Section 4 of the Land Development Regulations. B. SITE PLAN: Prepared and sealed by a professional architect, engineer, or landscape architect, which shall clearly illustrate the following: 1. Total gross project acreage and square footage; 2. North arrow, scale, and legend; 3. Future Land Use Map Classification (FLUM) and Zoning District (from Official Zoning Map); 4. Tabular summary indicating the total building area expressed in square footage, including nonresidential floor area (if applicable) and intended use of such floor area. Include proposed density and FAR vs. a maximum allowed in existing (proposed) zoning district; 5. Tabular summary indicating the total number of dwelling units (if applicable), including characteristics such as number of bedrooms, bathrooms, and size of each typical unit; 6. Tabular summary indicating square footage and percentage distribution of the total project site, including areas proposed for landscaped open space, vehicular use areas and other paved surfaces, building coverage, and pervious and impervious surfaces and usable open space (if required); 7. Tabular summary indicating number and ratio (methodology) of required and provided off-street parking spaces and loading zones; 8. Existing buildings and structures which are to remain, and any that are proposed, including their dimensions, height, setbacks, and use; 9. Proposed off-street parking spaces, loading zones, and vehicular use areas (e.g., driveways), including dimensions, setbacks, traffic control markings, and signage; 5 Page 942 of 973 10. Proposed sidewalks and pedestrian areas, including dimensions and setbacks; 11. Proposed fences and walls, including dimensions, setbacks, height, and material; 12. Proposed location of exterior freestanding lighting fixtures; and 13. Proposed dumpster or trash receptacle location(s), benches, and covered bike rack(s) 14. Site Plan associated with a Certificate of Conformity shall depict the following information: a. Location of the ultimate right-of-way lines; b. Impervious surface (e.g. asphalt, concrete, etc.); and, c. Configuration and dimensions of affected parking and landscaped areas. C. SITE PLAN SKETCH: Drawn to scale, and property illustrating the following: 1. Location of all existing structure(s) on property; 2. Location and dimension of any new construction; 3. Setback dimensions to all property lines; 4. Location of, and dimensions to streets, alleys, and easements on or adjacent to the subject property; 5. Floor plans of proposed addition(s) and of adjacent habitable space in the existing structure; and 6. Location, number and size of existing and proposed parking spaces on the property. D. LANDSCAPE PLAN: Prepared and sealed by a professional landscape architect. The landscape plan shall illustrate the same general information as that shown on the site plan, in addition to containing the following: 1. Proposed vegetation (trees and shrubs), including species, height, spread and size, and any which are to remain; 2. Locations of protected or specimen trees; 3. Tabular summary of plant list by type (i.e., shade tree, palm tree, shrub, or ground cover) and quantities of all plant material. The plant list shall indicate the common and botanical name of each plant, including a denotation of native species and their respective percentages, drought tolerance, and indication of butterfly attracting species and percentage; 4. Proposed berms, watercourses, and other topographic features; 5. A notation on the method of irrigation; and 6. Locations of exterior freestanding lighting fixtures, to ensure the proposed plant material will not conflict with their placement. 6 Page 943 of 973 E. CIVIL ENGINEERING DRAWINGS: Prepared and sealed by a professional engineer. The civil engineering drawings shall illustrate the same general information as that shown on the site plan, in addition to the following: 1. Proposed drainage plan(s) indicating ground elevations, flow arrows, drainage structures. Include cross-section drawings at all property lines with existing proposed elevations, demonstrating all water run-off will be maintained on-site; 2. Certification by engineer of record that drainage will conform with all rules, regulations, and codes, including but not limited to the Chapter 4, Article VIII of the Land Development Regulations; 3. Traffic control markings and informational signs; 4. Locations of all water and sewer mainlines, services structures and lift stations; and 5. Locations of fire hydrants. F. ARCHITECTURAL PLANS: 1. Floor Plans: Prepared and sealed by a professional architect or engineer. The floor plan shall clearly illustrate the building floor plan, including height, number of stories, interior and exterior dimensions, doorways and other openings, and use for each space proposed within the building. 2. Elevations: Prepared and sealed by a professional architect or engineer. The drawings shall clearly illustrate all proposed building and structure elevations, including the exterior surface, finish, paint manufacturer's name, and color code. Colored elevation drawings or renderings shall be submitted to the Planning and Zoning Division during staff review. In instances when all sides of a building or structure are consistent in color(s) and material(s) with each other, only the front elevation shall be required; however, the colored elevation drawings or renderings must identify the exterior finish and material, in conjunction with the color name, manufacturer, and color code. A color sample (swatch) shall be submitted to the Planning and Zoning Division to ensure that the project and color represented at the time of site plan approval is the same as during the inspection process. This submittal however, may be waived at the discretion of the Planning and Zoning Administrator or designee. G. PHOTOMETRIC PLAN: Prepared and sealed by a professional engineer. The photometric plans shall illustrate the same general information as that shown on the site plan, in addition to the following: 1. Detail of each type of exterior freestanding lighting fixtures, including material, color(s), height, and sizes; 2. Illumination levels (in foot-candles), including a summary table indicating the average, minimum, and maximum foot-candle levels; 3. Certification of compliance with the latest edition of the Florida Building Code and the capacity to withstand 140 MPH wind load; and 4. Proposed conduit routing. 5. Utilization of Warm White LED Lighting. 7 Page 944 of 973 H. VISUAL IMPACT ANALYSIS (VIA): Prepared and sealed by a professional architect, engineer, or landscape architect in instances when a development is proposed and abutting an arterial or collector roadway, or to a property zoned for residential purposes. The Planning and Zoning Administrator may waive the VIA requirement when deemed unnecessary. The VIA shall include the following: 1. Line-of-Site Analysis, which may be accomplished by submitting a two (2)-dimensional cross-section of the site illustrating the proposed building elevations in relation to the aforementioned abutting rights-of-way or adjacent properties zoned for residential purposes; and 2. Landscape Elevation Plan, which illustrates the landscape material that is proposed against the building or structure elevation, or off-street parking areas abutting to all public rights-of-way, at both the time of planting and at maturity. I. ROOF PLAN: Prepared and sealed by a professional architect or engineer. The drawings shall illustrate the rooftop and demarcate the area(s) requiring the height exception. A tabular summary shall be required to indicate the percentage of the roof that complies with the maximum height of the zoning district, compared to that portion of the roof which exceeds the maximum height allowed. IV. REVIEW CRITEIRA A. ADMINISTRATIVE ADJUSTEMENT: In each application for Administrative Adjustment, staff shall review the proposed floor plan (for applications associated with the principal building), building orientation, accessory structure or site improvement, and existing site constraints to ensure that the subject request would have negligible impacts upon abutting and surrounding properties. Additionally, staff shall consider the established character of the neighborhood, massing of the subject building or proposed addition, and reasonableness of the subject application to justify a reduction in the minimum required yard or setback, whichever is applicable. B. ADMINISTRATIVE WAIVER: The applicant shall justify each waiver request as part of the application for site plan or site plan modification. The applicant shall document the nature of the request, the extent of its departure from the standard regulation, and the basis for the request. The City may request additional information and documentation from the applicant, such as a shared-parking study, or other type of performance related analysis that further justifies the waiver request. The burden of proof shall be on the applicant to present a superior design alternative and demonstrate that the application would further the purpose and intent of the zoning district or overlay and not have any detrimental impact on adjacent properties or the surrounding area. C. CERTIFICATE OF COMFORMITY: The granting of a Certificate of Conformity shall be provided, contingent upon compliance with the following review criteria: 1. Safety: The remainder parcel can reasonably and safely function after the completion of the roadway expansion. 2. Reduction in Development Standards: Reduction in Development Standards. If a reduction in the size of a lot causes a nonconformity with respect to the minimum required lot area, setbacks, off- street parking, landscaping, sign location, or other development regulations, the structure(s) on the property, the use(s) within the structure(s), and other site improvements may continue to exist in the configuration remaining after the condemnation, except that: a. Access. The length of access ways shall not be less than ten (10) feet measured from the right- of-way, unless otherwise approved by the City Engineer; b. Direction. Ingress and egress to and from the site shall be in a forward direction. No backing out onto a right-of-way is allowed pursuant to Chapter 4, Article VII, Section 3.B.3.; c. Landscaping. In instances when off-street parking areas are exposed to public rights-of-way as 8 Page 945 of 973 a result of the roadway expansion, all properties shall provide a landscape strip abutting the subject roadway, to the maximum extent possible as deemed appropriate by the city. This requirement to have landscape strips abutting rights-of-way is for the purpose of screening off- street parking areas, and is not construed to supplant or supersede the provision for sidewalks and other non-vehicular use areas. 3. Off-Street Parking Areas: A structure or other site improvement may be enlarged or expanded if the enlarged or expanded portion meets the requirements of these regulations. In all instances, there shall be no reduction in required off-street spaces designated for physically disabled persons. Where off-street parking areas are reduced as a result of roadway widening, the following mitigating actions are encouraged: a. The use of off-site parking in accordance with Chapter 4, Article V, Section 2.A.3.; b. Joint access and cross parking agreements in accordance with Chapter 4, Article V, Section 3.B.; or c. Shared parking agreements in accordance with Chapter 4, Article V, Section 3.C. 4. Damage and Restoration of Structures: Structures and buildings that are nonconforming due to setback deficiencies as a result of a widening of a right-of-way, and which were issued a certificate of conformity, shall be allowed to restore or reconstruct the building or structure, but in accordance to what was approved in the original certificate of conformity. 5. Signs: Any existing, legally established freestanding sign(s) located on the property, which become(s) nonconforming as a result of the roadway widening project, may be relocated elsewhere on-site, in compliance with the standards of this subsection, and with Chapter 4, Article IV of these Land Development Regulations. 6. Vacant Lots: A vacant lot that is impacted by government action associated with roadway widening, to a size or configuration which is below the standards and requirements of the respective zoning district may be developed, but only in accordance with the nonconforming lot provisions of the supplemental regulations (Chapter 3, Article V, Section 11). Should the remainder of the vacant lot not qualify for development under the nonconforming provisions, the property will be considered a total taking and not eligible for development except in conjunction with an abutting lot. 7. Lot Combination: Lot combinations are encouraged for the purposes of creating safer, more functional and aesthetically pleasing developments and attaining a greater degree of compliance with Code requirements. This subsection may apply to the combined lots whether or not they are owned by the same person. Combined lots may be considered as a single lot for the purposes of applying property development regulations, provided either a cross-parking or cross-access agreement is executed. The agreement shall be made in the form acceptable to the City Attorney and recorded in the official records of Palm Beach County. D. COMMUNITY DESIGN APPEAL: In granting relief to any community design standard of Chapter 4, the City Commission must find that the subject appeal meets the intent of the affected standard, does not diminish its practical application, and that an acceptable development product and/or design will result. The following review criteria shall be used to justify an application for appeal: 1. Whether the proposed request will demonstrate consistency with the Comprehensive Plan. 2. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. 3. On balance, whether the proposed request will be consistent with the purpose of the standard for 9 Page 946 of 973 which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. 4. Whether the proposed request is intended to save or preserve existing trees or desired flora. a. Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; and b. Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3)size, age, health, and species of trees sought to be protected. 5. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions. 6. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. 7. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. 8. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. 9. Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. E. HEIGHT EXCEPTION: In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to the following standards, where applicable: 1. On the subject site or surrounding properties, whether the height exception would adversely affect any of the following: 1) light and air; 2) property values; 3) the living conditions; or 4) existing or proposed land uses; 2. Whether the height exception would be a deterrent to the development or improvement of adjacent properties in accord with existing regulations; 3. Whether the height exception would contribute to the architectural character and form of the proposed project; 4. Whether the height exception would positively contribute to the city's desired image, streetscape design, or recommendation of any applicable redevelopment plan; 5. Whether the height exception would contribute, incentivize, or serve as a catalyst for sustainable development and other green initiatives; 6. Whether the height exception is necessary and not proposed in a manner with which the principal objective is to maximize project visibility without concern for architectural or aesthetic integrity; and 7. Whether sufficient evidence has been presented to justify the need for a height exception. 10 Page 947 of 973 F. VARIANCE TO LAND DEVELOPMENT REGULATIONS: In order for the City Commission to grant a variance, the applicant must demonstrate that: 1. That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same zoning district. 2. That special conditions and circumstances do not result from the actions of the applicant for the variance. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district. 4. That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. 5. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. 6. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. 11 Page 948 of 973 V. RELIEFS APPLICATION FORMS If yes, Date of Has a Pre-Application YES No* Meeting: Conference been held in regards to this project? ❑ ❑ Name of City Planner: * Pursuant to Chapter 2, Article 11, Section 1.C.2 of the Land Development regulations, a Pre-Application Conference shall be required prior to the submittal of this application. Narne.c�f.Prci ect J. elle; u t. R f o h . S 9 * Describe the subject relief request(s) including the corresponding chapter(s), article(s), and section(s) of code. Any proposed design element that will be incorporated into the project to help offset or mitigate the subject relief request shall be described above or in the attached report, as required pursuant to Part 11.13 of this application. Description of Existing Use(s) of Property/ Site: ©e scripdo f P o d se f n o_ rn s U o p e s Of 1} Rro ert / ate.. a cable * Describe the proposed use(s) and building size(s), expressed in square feet. Is#his request in connection,with YDS NO a new develo ment or 1f Yes Comes ondn p 9 c©nstruct�on?....:... ite la' * If yes, the applicant shall be required to complete a site plan application and submit it concurrently with this relief request. The Director of Planning and Zoning or designee may waive any site plan application submittal requirements if determined to be unnecessary for the comprehensive review of the subject relief application. 12 Page 949 of 973 Existing Land Use Classification (from Future Land Use Map): Existing Zoning''District Designation (From Official Zoning Map): Parcel Control Number(PCN): cirY RNG rw SEC su BLK nor' * List all PCN's on an attached addendum for applications comprised of multiple lots. Address: Legal Description(s): *Provide a list of addresses and legal descriptions on attached addendum if more space is needed. IS" the property located in the Y5 Community Red it CRA ? ...: { � ....: Is the subject property listed in YES No the City's Inventory of Historic Sites? ❑ ❑ reel i ea Fe t l Pa S z In.S uar e_ :.Acres Project Architect: e PrQact t:aradsca a Arcitect� Project Engineer: < < ProJere urue ori S . 13 Page 950 of 973 Full Name: First Last MI CnQm a p Y Name.. Address: City State Zip Code oer Lessee wnC.©ntracf ! e . c nfieres't.in pY( ) *Provide the following property documents: a) Copy of the last recorded Warranty Deed with all applications. b) Written consent of all property owners of record if subject property is under joint or multiple ownership; c) If a lessee, include a copy of the Lease Agreement and written consent of the owner(s); d) If an authorized agent, include a copy of the Agent Agreement or written consent by the seller(s) and owner(s); e) If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that such representative has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact, an officer of the corporation or other business entity; or f) If a contract purchaser, a copy of the Purchase Contract and written consent of the seller(s)and owner(s). Full Name: First Last M.1 Address; y �� ..........................p 14 Page 951 of 973 Full Name: First Last M.l Co an m p. Y Address: City State Zip Code Phone: Email: *All correspondence will be mailed to the agent unless there I no agent of record, in which case, all correspondence will be mailed to the applicant. This party will receive agendas, letters, and other materials. Signature of authorized agent. Date Signature of Owner(s) or Trustee, of authorized principal Date if property is owned by a corporation or other business entity. OR Signature of contract purchaser(if applicant). Date M 11 NONE= (1) (We) understand that this application and all papers and plans submitted herewith become part of the permanent records of the planning and zoning division. (1) (We) hereby certify that the above statements or showings in any papers or plans submitted herewith are true to the best of(my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. Signature of Owner(s) or Trustee, of authorized principal Date if property is owned by a corporation or other business entity. OR Signature of contract purchaser(if applicant). Date 15 Page 952 of 973 VI. CONCURRENCY REQUIREMENTS: Please be advised that all applications contained herein are subject to the city's Concurrency Management Ordinance and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, park, and road facilities)would be available to serve the project, consistent with the levels of service adopted in the city's Comprehensive Plan. VII. PUBLIC NOTICING REQUIREMENTS: The public noticing requirements contained herein shall be applicable to Community Design Appeal, Height Exception and Variance to Land Development Regulations. Pursuant to City of Boynton Beach Ordinance 04-007 and 05-004, no quasi-judicial proceeding shall proceed until proof of notice of the proceeding, in affidavit form, has been filed with the Office of the City Clerk and copied to Planning & Zoning. Proof of notice must include the name and address of each property owner to whom notice was mailed and a photograph of each sign posted, as hereinafter required. The following notices must be paid for and provided by the applicant: A. MAILING: The applicant shall mail (by first class mail) a notice of public hearing to the Planning and Zoning Division, and to all individuals and associations owning or having control over land located within 400 feet of the boundary line of the subject property for which the quasi-judicial hearing is required. All notices shall be mailed and postmarked no less than 10 calendar days before the public hearing. 16 Page 953 of 973 Palm Beach County Property Appraiser Office Attention: Mapping Division Downtown Service Center South County Office Address: 301 North Olive Avenue Address: 14925 Cumberland Drive West Palm Beach, Delray Beach, FL 33446 Florida 33401 Phone: Phone: (561) 276-1201 Phone: Phone: (561) 355-2881 Fax: Fax: (561) 355-3881 B. SIGNAGE: One (1) sign for each street frontage of the property shall be posted no less than 10 calendar days prior to the hearing. More than one (1) sign may be needed depending upon size of property and number of entry drives.The sign shall be legible from a distance of 100 feet and shall contain a description of the approval being sought, the date, time and location of the hearing, and a statement that the application being considered is available for inspection in the Development Department of the City of Boynton Beach. 24" Minimum PUBLIC HEARING NOTICE Dates: Times: E Type of Application(s): Proposed Use(s): 'E Location: City Commission Chambers, City Hall Intracoastal Park Clubhouse 2240 N Federal Hwy Information: Planning and Zoning Division POSTPONEMENT: WHEN A QUASI-JUDICIAL HEARING IS TABLED OR CONTINUED AT THE REQUEST OF AN APPLICANT, RE-NOTICE OF THE HEARING SHALL BE PROVIDED BY THE APPLICANT IN THE SAME MANNER AS ORIGINAL NOTICE. 17 Page 954 of 973 VIII. CITY TECHNICAL SUPPORT AT PUBLIC MEETINGS: A. Applicants who wish to utilize City electronic media equipment for presentations at City Commission public hearings must notify the Planning and Zoning Department representative at least one (1) week prior to the scheduled meeting: B. The notification is to include the scope of support to be provided, including the corresponding agenda item, type of media, materials and equipment needed, along with contact information for the applicant; C. The department representative will notify the I.T.S. Department at least two (2) working days prior to the Commission Meeting to schedule technical support; D. A copy of the items to be presented must be delivered to The I.T.S. Department no later than 5:00 p.m. on the working day preceding the Commission Meeting. At the conclusion of the meeting, these items will be returned to the department representative who originated the request; E. In the event that media or materials are defective, I.T.S Department will notify department representative by noon of the day of the meeting. F. At least thirty minutes prior to the Commission Meeting, non-city individual will meet with I.T.S. Department representative to finalize procedures. 18 Page 955 of 973 IX. AFFIDAVIT: RE: Property Address: Project Name: File #: I / We, the undersigned do certify that to the best of my knowledge, the attached ownership list, 400' radius map and mailing labels are a complete and accurate representation of the real estate property and property owners within at least 400 feet of the above-referenced subject property. This reflects the most current records on file in the Palm Beach County Property Appraiser's Office. The notifications were postmarked a minimum of 10 days in advance of the public hearing. Site signs were posted on the premises a minimum of 10 days in advance of the public hearing in accordance with City Ordinance 04-007. Attached, are photographs of the signs showing their placement on the property and the abutting right-of-way. Sincerely, Signature of Applicant/Agent Print Name County of.- Sworn to(or affirmed)and subscribed before me this: day of By, Name of person making statement Signature of Notary Public— State of Florida Print, Type, or Stamp Commission Name of Notary Public Physical Or Online Presence Notarization Personally Or Produced Known Identification Type of Identification Produced: S:\Planning\Forms\P&Z Applications\Current Style\Word Version\Relief Application-4.22.2020.docx 19 Page 956 of 973 12.A. Legal 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: RONALD RYAN, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a local municipality, Defendant — Palm Beach County Circuit Court Case Number: 502016CA007514-XXXX-M B Explanation of Request: In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 45 minutes. The time and date of this private attorney-client session will be set at the September 8, 2021 City Commission meeting. How will this affect city programs or services? n/a Fiscal Impact: The cost of a Court Reporter which is budgeted. Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 957 of 973 Type Description Memo Memorandum requesting closed door session Page 958 of 973 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney DATE: August 18, 2021 RE: Request for Private Attorney-Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: RONALD RYAN, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a local municipality, Defendant— Palm Beach County Circuit Court Case Number: 502016CA007514-XXXX-MB In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 45 minutes. The time and date of this private attorney-client session will be set at the September 8, 2021 City Commission meeting. S:ACA\COMM\Request For Ex Session-(Ron Ryan)(2nd 2021).Docx Page 959 of 973 12.B. Legal 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Proposed Resolution No. R21-117-Approve requested modification to Development Order related to Riverwalk Plaza Project File MSMP 16-002 and subsequent amendments thereto. Explanation of Request: On August 23, 2021, the City Attorney received the attached request from Attorney Michael Weiner, attorney for Isram Realty Management, LLC., to release Riverwalk Residential, LLC., the residential property owner, from it's obligation to build a deck. There will also be a confirmation from Isram Riverwalk, LLC., the commercial property owner, that they have the obligation to build the deck and the City will receive further assurances through Isram Realty Management, LLC., which will be the guarantor to ensure that the deck is complete, if necessary. Representatives of Isram will attend the Commission meeting to elaborate on their request and answer questions. How will this affect city programs or services? This item will not affect City programs or services. Fiscal Impact: None Alternatives: Do not approve the Release of Riverwalk Residential, LLC., from it's obligation to build a deck. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 960 of 973 Type Description Resolution approving Modification to Riverwalk D Resolution Development Order D Letter Letter of Request from Michael Weiner on behalf of Riverwalk Residential LLC. Page 961 of 973 I RESOLUTION NO. R21 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING REQUESTED MODIFICATION TO DEVELOPMENT ORDER 5 RELATED TO RIVERWALK PLAZA PROJECT FILE MSMP 16-002 AND 6 SUBSEQUENT AMENDMENTS THERETO; AND PROVIDING AN 7 EFFECTIVE DATE. 8 9 WHEREAS, Isram Realty Management, LLC., is requesting to release Riverwalk 10 Residential, LLC., the residential property owner, from it's obligation to build a deck; and 11 WHEREAS,there will also be a confirmation from Isram Riverwalk, LLC.,the commercial 12 property owner,that they have the obligation to build the deck and the City will receive further 13 assurances through Isram Realty Management, LLC.,which will be the guarantor to ensure that 14 the deck is complete, if necessary; and 15 WHEREAS, the City Commission, upon recommendation of staff, deems it in the best 16 interest of the Citizens and residents of the City of Boynton Beach to approve the requested 17 modification to Development Order related to Riverwalk Plaza Project File MSMP 16-002 and 18 subsequent amendments thereto. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 22 ratified and confirmed by the City Commission. 23 Section 2. The City Commission of the City of Boynton Beach hereby approves 24 requested modification to Development Order related to Riverwalk Plaza Project File MSMP 25 16-002 and subsequent amendments thereto. 26 Section 3. That this Resolution will become effective immediately upon passage. 27 S:ACA\RESO\Amending Isram Riverwalk Development Order(Deck)-Reso.Docx Page 962 of 973 I PASSED AND ADOPTED this 8th day of September, 2021. 2 CITY OF BOYNTON BEACH, FLORIDA 3 YES NO 4 5 6 Mayor— Steven B. Grant 7 8 Vice Mayor—Woodrow L. Hay 9 10 Commissioner—Justin Katz 11 12 Commissioner— Christina L. Romelus 13 14 Commissioner—Ty Penserga 15 16 17 VOTE 18 19 20 ATTEST: 21 22 23 24 Crystal Gibson, MMC 25 City Clerk 26 27 28 29 (Corporate Seal) 30 S:ACA\RESO\Amending Isram Riverwalk Development Order(Deck)-Reso.Docx Page 963 of 973 SACHS SAX CAPLAN ATTORNEYS AT LAW SUITE 200 6111 BROKEN SOUND PARKWAY NW BOCA RATON,RORIDA 33487 TELEPHONE(561)994-4499 DIRECT LINE(561)237-6819 MICHAEL S.WEINER,ESQ. FACSIMILE(561)994-4985 mweinerowssclawfirm.com August 23, 2021 Via U.S. Mail and Email: jcherof�a cityatty.com James Cherof, Esq. Goren, Cherof, Doody & Ezrol, P.A. 3009 E. Commercial Blvd. Suite 200 Fort Lauderdale, FL 33308 Re: Riverwalk Plaza, Project File No. MSPM16-002 Dear Attorney Cherof: Please accept this letter as a request to be placed on the City Commission Agenda of September 8, 2021 with respect to modifications to the approved City of Boynton Beach Development Orders related to Riverwalk Plaza,Project File No. MSPM16-002, and subsequent amendments thereto. On April 20, 2021, the City Commission authorized a delineation between the residential and commercial properties at Riverwalk Plaza. This current request is made in the context of that prior delineation, and specifically concerns the obligation regarding the deck. We request a release of Riverwalk Residential, LLC, the residential property owner, from an obligation to build the deck. In acknowledgement of this accommodation, there shall be a confirmation that Isram Riverwalk, LLC,the commercial property owner,has the obligation to build the deck and the City shall receive further assurances through Isram Realty Management, LLC, which will be a guarantor to ensure that the deck is completed, if necessary. Isram Realty Management, LLC is the parent entity of both Riverwalk Residential LLC and Iram Riverwalk, LLC, along with other assets. A representative from my client, Isram Realty Management, LLC will be available at the meeting to answer any questions the City Commission may have. We shall supplement this letter with additional information as may be requested or necessary. Thank you in advance for your assistance. Very truly yours, SACHS SAX CAPLAN /s/Michael S. Weiner Michael S. Weiner cc: Alan Marcus, Esq. (Via Email: alan(aalanjmarcus.com) Ms. Janet Prainito, City Clerk(Via Email: cityclerk(a�bbfl.us) Ms. Lori LaVerriere, City Manager (Via Email: La VerriereL(a�bbfl.us) Mr. Michael Rumpf, Director of Planning and Zoning (Via Email: rumpfm(abbfl.us) Page 964 of 973 13.A. Future Agenda Items 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Staff will prepare options for the Commission's consideration for handling Letter's of Intent on City owned properties- September 21, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 965 of 973 13.B. Future Agenda Items 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Staff report to the City Commission on use of ARPA funds for premium pay. - September 21, 2021. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 966 of 973 13.C. Future Agenda Items 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Discuss holding a Commission workshop in November 2021 to update the City Commission on public input and identified needs, and establish priorities for use of the ARPA funds. - September 21, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 967 of 973 13.D. Future Agenda Items 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: PBC Supervisor of Elections Wendy Link to provide information on polling place safety precautions due to COVI D-19 and the ballot format for the March 2022 election. - October 5, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 968 of 973 13.E. Future Agenda Items 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: The PBC School District and the Education Foundation of PBC will provide an update to the City Commission on the Digital Inclusion Program - October 5, 2021. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 969 of 973 13.F. Future Agenda Items 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections- October, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 970 of 973 13.G. Future Agenda Items 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 971 of 973 13.H. Future Agenda Items 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question in August 2022 - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 972 of 973 13.1. Future Agenda Items 9/8/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2021 Requested Action by Commission: Discuss letter of intent from Alan Sperling, LLC to purchase Leisureville parcel - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 973 of 973