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Agenda 09-22-22The City of Boynton Beach City Commission Agenda Thursday, September 22, 2022, 6:00 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Ty Penserga (At Large) Vice Mayor Angela Cruz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Thomas Turkin (District 111) Commissioner Aimee Kelley (District IV) James Stables, Interim City Manager Michael Cirullo, City Attorney Maylee DeJesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boy nton- beach. org Page 1 of 1276 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City Commission Meeting is in session. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: Page 2 of 1276 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 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 Mavlee De Jesus, City Clerk at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 1276 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call Invocation by Pastor Bob Bender, Christfellowship Church Pledge of Allegiance to the Flag led by Vice Mayor Angela Cruz Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. B. Conduct Second Public Budget Hearing for FY 2022/2023 Final Millage and Tentative Annual Operating Budget. Proposed Resolution No. R22-126- Adopt the FINAL millage rate for the General Fund for Fiscal Year 2022-2023. Proposed Resolution No. R22-127- Adopt The FINAL Budget for the General Fund and all other funds for Fiscal Year 2022-2023. C. Proposed Resolution No. R22-116 - Adopt the annual canal services special assessment rate for FY 2022-23 per the "Preliminary Assessment Resolution No. R22-098". Pursuant to the provisions of Ordinance No. 21-011, Sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. (Tabled at the September 8, 2022 City Commission Meeting) 3. Announcements, Community And Special Events And Presentations A. Proclaim the month of September as Deaf Awareness Month. Proclamation will be accepted by Lance Fischer, President of South Florida Deaf Senior Citizens, Inc. B. Proclaim the week of September 17-23, 2022 as Constitution Week. Marjorie Ferrer of the Daughters of the American Revolution will accept the proclamation. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Approve the request of Commissioner Hay to distribute $2,000.00 of his Community Support Funds to Pathways to Prosperity. B. Approve the request of Commissioner Hay to distribute $2,000.00 of his Community Support Funds to the Boynton Beach Bulldogs Football team. C. Approve the request of Commissioner Kelley to distribute $700.00 of her Community Support Funds to the Bill Tome Foundation. D. Approve the request of Commissioner Kelley to distribute $400.00 of her Community Support Funds to each of the 7 Palm Beach County Elementary Schools within in the City of Boynton Page 4 of 1276 Beach. E. Approve the request of Vice Mayor Cruz to distribute $1,000.00 of her Community Support Funds to the American Cancer Society. F. Approve the request of Vice Mayor Cruz to distribute $1,500.00 of her Community Support Funds to Heart of Boynton Community Association Toy Drive in collaboration with Sergeant Diehl. G. Approve the request of Vice Mayor Cruz to distribute $500.00 of her Community Support Funds to the Boynton Beach Bulldogs. H. Approve the request of Vice Mayor Cruz to distribute $500.00 of her Community Support Funds to Boynton Beach High School. Approve the request of Vice Mayor Cruz to distribute $500.00 of her Community Support Funds to Congress Middle School. J. Approve the request of Vice Mayor Cruz to distribute $1,000.00 of her Community Support Funds to the Volen Center. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Proposed Resolution No. R22-128 - Ratification by the City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2022-2023. B. Approve and authorize the sole source purchase of equipment and services for Axon Interview from Axon Enterprises, I nc in the amount of $62,256.74. C. Legal Expenses - July 2022 - Information at the request of the City Commission. No action required. D. Proposed Resolution No. R22-129 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Officers and Detectives and the City. Proposed Resolution No. R22-130 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Sergeants and the City. E. Proposed Resolution No. R22-131 - Approve and authorize the Mayor to sign subrecipient agreements for the Community Development Block Grant (CDBG), FY2022 One Year Annual Action Plan, as adopted in resolution R22-100. F. Proposed Resolution No. R22-132 - Authorize the Interim City Manager to implement proposed changes in purchasing thresholds pursuant to Chapter 10 of the City's Administrative Policy Manual. G. Accept the written report to the Commission for purchases over $10,000 for the month of August 2022. H. Proposed Resolution No. R22-133 - Authorize the Interim City Manager to sign an agreement with Public Consulting Group for assistance with the Florida EMS Certified Public Expenditure Program via a piggyback agreement with Palm Beach County Proposed Resolution No. R22-134 - Approve and authorize the Mayor to sign a grant application to the Florida Department of Environmental Protection for a Resilient Florida Infrastructure Grant for the Coquina Cove Drainage Improvements project with a 52% City cost share of $1,634,213. J. Proposed Resolution No. R22-135 - Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY 2022-2023. Page 5 of 1276 K. Proposed Resolution No. R22-136- Authorize the Interim City Manager to sign the grant agreement between the City of Boynton Beach and the State of Florida Department of Environmental protection for the Boynton Beach Eco Park project. L. Approve minutes from the September 8, 2022 City Commission Meeting. 7. Consent Bids And Purchases Over $100.000 A. Approve the task order with Jacobs Engineering Group in the amount of $173,934.00 for Professional Hydrogeological Services for Testing and Evaluation of the East and West W ellfields. B. Approve 12% contingency in the amount of $138,703.80 for the Harvey E Oyer, Jr Park Marina Boat Ramp Improvement Project. The total approved project bid is $1,155,865. With the Contingency the total approved project budget will be $1,294,568.80. C. Proposed Resolution No. R22-137 - Award of Bid No. PW E22-035 for "Ezell Hester Jr. Park Improvement - PH 1A" and authorize the Interim City Manager to sign a Construction Contract and issue a Purchase Order to the lowest responsive and responsible bidder, CSR Heavy Construction, Inc., of Deerfield Beach, Florida, in the amount of $3,639,358.00 plus a 10% contingency amount of $363,935.80, for a total estimated amount of $4,003,293.80. D. Approve additional landscape services for Utilities Stormwater Ponds and Lift Stations with Blue Marlin Investments, Inc. dba Cayco Landscaping in the amount of $240,000.00 in accordance with the approved one-year extension to Bid No. 034-2821-18/IT. 8. Public Hearinq 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 Resolution No. R22-115 - Declare the City owned vacant property (0.1 acres) located at SE 21st Avenue, PCN #08-43-45-33-03-000-0122, as surplus and direct staff on desired disposition process to follow. 9. City Manager's Report - None 10. Unfinished Business A. Proposed Resolution No. R22-140 - Approve revision to Community Support Funds Policy to allow for equitable spending of the members of the City Commission on a pro -rata basis. 11. New Business A. Proposed Resolution No. R22-138 - Calling for a General City Election to be held on Tuesday, March 14, 2023, for the purpose of electing two (2) City Commissioners; calling for a General City Run-off election to be held on Tuesday, March 28, 2023, if necessary. B. Proposed Resolution No. R22-139 - Appoint Daniel Dugger as City Manager and approve Appointment Agreement. 12. Legal A. Discuss the draft Local Rules & Procedures for Commission Meetings. 13. Future Agenda Items A. Consider a LDR amendment to add a requirement for a minimum commercial area percentage to Page 6 of 1276 mixed use developments, requested by Vice Mayor Cruz -To be scheduled for Commission agenda once it has gone to the Planning & Development Board in September 2022. B. Discussion on Advisory Boards providing an report to the City Commission, requested by Commissioner Kelley.- October 4, 2022 C. Discussion and direction on Tenant Notice and Bill of Rights Ordinance.- October 4, 2022. D. Discussion of draft height regulations.- October 18, 2022 E. Report on the status of infrastructure within the City, requested by Mayor Penserga - October 18, 2022 F. Additional homestead for low income seniors, requested by Mayor Penserga - October 18, 2022 G. Draft Ordinance on Civility & Decorum - October 18, 2022 H. Continued discussion regarding a potential park in Leisureville and creating a Restrictive Covenant on this parcel, requested by Vice Mayor Cruz.- January 2023. 14. Adjournment Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (ES. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerks office, (561) 742- 6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication of the agenda on the city's web site. Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk Page 7 of 1276 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 9/22/2022 Requested Action by Commission: Call to Order - Mayor Ty Penserga Roll Call Invocation by Pastor Bob Bender, Christfellowship Church Pledge of Allegiance to the Flag led by Vice Mayor Angela Cruz Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 1.A. Opening Items 9/22/2022 Page 8 of 1276 2.B. Other 9/22/2022 City of Boynton Beach 9 Agenda Item Request Form Commission Meeting Date: 9/22/2022 Requested Action by Commission: Conduct Second Public Budget Hearing for FY 2022/2023 Final Millage and Tentative Annual Operating B udget. Proposed Resolution No. R22-126 - Adopt the FINAL millage rate for the General Fund for Fiscal Year 2022-2023. Proposed Resolution No. R22-127 - Adopt The FI NAL Budget for the General Fund and all other funds for Fiscal Year 2022-2023. Explanation of Request: This is the second and final Budget Public Hearing for final adoption of the millage rate and operating budget for FY 2022-2023. As a result of the Budget Workshops held on J my 11-13, 2022 the City Commission approved a proposed millage rate of 7.85 mills and a proposed General Fund budget of $106,929,947. The proposed FY 22/23 General Fund Budget of $107,373,024 is an increase of 4.6% or $4,728,471 over the final adopted FY 21/22 General Fund Budget of $102,643,553. 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) Increased General Fund from $106,929,947 to $107,372,024. The City's State Shared Revenue Projections provided by the State were received in August and created a projected increase of $1,171,956. Those increases were $628,631 in Sales Tax and $543,325 in State Shared Revenues. At the workshop, the proposed Fire Assessment Rate was kept at the current rate of $120 per dwelling, resulting in revenue reduction of $31VI. The decision to reduce the millage rate from 7.9 to 7.85 and increases to the assessed property values yielded additional net revenues of $366,160. The difference in revenues and expenditures are being supported through increasing Fund Balance in the amount of $2,727,536. 2) The State projections for the Local Option Gas Tax revenues increased by $69,593, this adjustment positively impacted the fund balance. 3) Increased Parks Recreation & Trust fund from $48 to $350,048 due to park design cost. 4) Increased General Capital Improvement Fund from $4,632,427 to $4,704,427 mainly due to additional various capital projects (see Exhibit 1). a. added a prior year approved project named Boynton Beach Blvd Extension for $1,250K b. added Eco Park Construction project for $600K c. and budget reductions amounting to $1,778K for roadway projects and general government projects 5) Increase in Surtax Capital Fund from $6,448,458 to $8,807,146 mainly due to new capital improvement projects (see Exhibit 2). Page 9 of 1276 a. added Hester Center Site Improvement project for $3M b. added Jaycee Park — Dog Park Construction project for $500K c. and budget reductions amounting to $1.2M for other Surtax projects 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 D IRE)S()l� LA ti 0 111 D IRE)S()l� LA ti 0 111 D Exhibit D Exhibit Description IRE)SCflUltioin approviing thE) 1:::::iinall IUlIagE) If atE) for 1::::Y 2022 2023 IRE)SCflUltioin approviing thE) 1:::::iinallIC: L.AgE)t for 1::::Y 2022 202 Exhibit 1 302 1:::::LAind Cha 1['1gE)S Exhibit 2 303 1:::::LAind Cha 1['1gE)S Page 10 of 1276 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION R22-126 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING A FINAL MILLAGE RATE FOR THE CITY'S GENERAL OPERATING FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023, PROVIDING THAT FINAL MILLAGE RATE OF 7.8S00 MILLS IS 12.9S% ABOVE THE ROLLED -BACK RATE OF 6.9S01 MILLS; PROVIDING FOR SEVERABILITY, CONFLICTS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a final budget has been prepared estimating expenditures and revenues of the City of Boynton Beach, Florida, for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and the administrative staff of the City has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS, the City Commission has given notice of and conducted the public hearings required by law and has considered the recommendations of staff and the comments of the public, the suggested budget, and the proposed millage necessary to be levied to carry on the government of the City for the ensuing year; WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as outlined in Florida Statutes Section 200.065. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida hereby adopts the final millage rate of 7.8500 for the General Fund. The final millage rate is 12.95% S:\CA\RESO\Budget\2022 - 2023 Budgeffinal Millage Resolution - Sept 22 2022.Docx Page 11 of 1276 30 above the computed rolled -back rate of 6.9501 . 31 Section 3. If any clause, section, or other part of this Resolution shall be held by 32 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 33 invalid part shall be considered as eliminated and shall in no way affect the validity of the 34 other provisions of this Resolution. 35 Section 4. All resolutions or parts of resolutions in conflict herewith are hereby 36 repealed to the extent of such conflict. 37 Section 5. This Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this 22nd day of September, 2022. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ATTEST: 56 57 58 Maylee De Jes6s, MPA, MMC 59 City Clerk 60 61 62 (Corporate Seal) 63 64 65 66 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:\CA\RESO\Budget\2022 - 2023 Budgeffinal Millage Resolution - Sept 22 2022.Docx Page 12 of 1276 I RESOLUTION R22-127 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR 5 BEGINNING OCTOBER 1, 2022, AND ENDING SEPTEMBER 30, 6 2023; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN 7 EFFECTIVE DATE. 8 9 WHEREAS, a final 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 of the City of Boynton Beach has conducted a public 15 hearing in accordance with s. 200.065 Florida Statutes on the City's final budget and the 16 millage rate. 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 final budget of the City of Boynton Beach, Florida, for the fiscal 23 year beginning October 1, 2022 and ending September 30, 2023, a copy of which is attached 24 hereto, is hereby adopted and the appropriations set out therein are hereby made to 25 maintain and carry on the government of the City of Boynton Beach, Florida. 26 Section 3. There is hereby appropriated the sum of $107.372.024 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 $2.900.612 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\2022 - 2023 BudgetTinal Budget_ Resolution - Sept 22 2022.Docx Page 13 of 1276 33 Section 5. That there is hereby appropriated the sum of $1.300.941 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 $267,775 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 $3,756,482 to the 40 Building Special Revenue Fund for the payment of operating expenditures, transfers to 41 other funds, and necessary capital outlays. 42 Section 8. That there is hereby appropriated the sum of $339,700 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 $548,936 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 $11.632.169 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 $4,704,427 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 $8,807,146 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 $350,048 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 $56,176,736 to the Water 2 S:ACA\RESO\Budget\2022 - 2023 BudgetTinal Budget_ Resolution - Sept 22 2022.Docx Page 14 of 1276 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 $33.330.000 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 $2,749,033 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 $75,148 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 $12,604,689 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 $12,152,383 to the 77 Fleet Maintenance Internal Service Fund for the payment of operating expenditures, 78 transfers to other funds, and necessary capital outlays. 79 Section 20. That there is hereby appropriated the sum of $559,875 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 $6,996,395 to the Self - 83 Insurance Internal Service Fund for the payment of operating expenditures, transfers to 84 other funds, and necessary capital outlays. 85 Section 22. That there is hereby appropriated the sum of $423,526 the Cemetery 86 Special Revenue Fund for the payment of operating expenditures, transfers to other funds, 87 and necessary capital outlays. 88 Section 23. All delinquent taxes collected during the ensuing fiscal year as 89 proceeds from levies of operation millage of prior years are hereby specifically appropriated 90 for the use of the General Fund. 3 S:ACA\RESO\Budget\2022 - 2023 BudgetTinal Budget_ Resolution - Sept 22 2022.Docx Page 15 of 1276 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 Section 24. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 25. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 26. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 22nd day of September, 2022. ATTEST: Maylee De Jes6s, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley 4 VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Budget\2022 - 2023 BudgetTinal Budget_ Resolution - Sept 22 2022.Docx Page 16 of 1276 CAPITAL IMPROVEMENT PLAN FUND 302 PROPOSED C1P BUDGET FY 2022-23 CAPITAL IMPROVEMENT PROGRAM (Reconciliation) PROJECT NAME Account Number Fund -Location -Exp Project Number FY2022/23 Proposed Budget at 7/1/22 FY2022/23 Tentative Budget for 9/8 Meeting Audit Fee 302-4101-519.32-10 GGAU20 7,804 7,804 General Government - Design Administration 302-4101-580.31-90 GG2301 188,000 30,000 General Government - Misc. Repairs 302-4101-580.62-01 GG1102 40,000 150,000 Historic Women's Club -Restrooms, balconies, doors (Design) 302-4145-580.62-01 RP2138 - 250,000 MLK Space Buildout (Heart of Boynton Village Shops) 302-4101-580.31-90 GGxxxx 45,000 45,000 Boynton Beach Blvd Extension 302-4103-580.63-15 GG2005 - 1,250,000 San Castle - Coordination Services 302-4101-580.31-90 GG2302 - 20,000 San Castle - Environmental Survey 302-4101-580.31-90 GG2302 50,000 50,000 TOTAL GENERAL GOVERNMENT PROJECTS1 $ 330,804 $ 1,652,804 Miscellaneous Small Parks Projects Eco Park Construction Mangrove Park -Demo & Study TOTAL RECREATION AND PARKS PROJECT 98-572.63-05 CP0509 15,1 35-572.63-05 RP2203 400,1 27-572.62-01 RP2117 59 Citywide Public Safety Radio System - Principal 302-4122-520-71.01 GG1750 352,614 352,614 Citywide Public Safety Radio System - Interest 302-4122-520-71.02 GG1750 19,009 19,009 Fire Station # 2 (Hardening) Grant 302-4126-522.62-01 FA2205 500,000 500,000 $ 871,623 $ 871,623 TOTAL PUBLIC SAFETY PROJECTS Construction Engineer Inspector - Various Projects Exhibit 1 Changes (158,000) (40,000) 250,000 1,250,000 20,000 $ 1,322,000 SE 1st St - Construction Roadway Improvements 302-4905-580.63-08 TR2001 FY2022/23 FY2022/23 500,000 SE 1stSt- Construction Engineer Inspector 302-4101-580.31-90 TR2001 at 7/1/22 400,000 SE 36st Ave (Gulfstream Blvd) Road Rehabilitation 302-4905-580.63-08 1302-4905-580.63-08 TR2104 800,000 Construction Engineer Inspector - Various Projects 302-4101-580.31-90 TR2301 150,000 Boynton Beach Blvd - Complete Street Project TR2302 1,106,000 1,106,000 TOTAL TRANSPORTATION/ROADWAY PROJECTS I $ 2,956,000 1 $ 1,106,000 CIP GRAND TOTAL FUND RESERVES (Increase) Decrease FUTURE DEBT - BONDS CRA REIMBURSEMENT Other Agencies ARPA GRANT GENERAL FUND TRANSFER LOCAL OPTION GAS TAX PUBLIC SERVICE DEBT UTILITY FUND INTEREST Total Funding Sources - 302 (500,000) (400,000) (800,000) (150,000) $ (1,850,000) - 1 900.000 75 45 600,0001 600,000 500,000 - 1 7501 750 Page 17 of 1276 S 4,704,427 S 72,000 S 4,632,427 1 FY2022/23 FY2022/23 Proposed Budget Tentative Budget at 7/1/22 for 9/8 Meetin 1,225,677 552,323 1,106,000 1,956,000 600.000 - 1 900.000 75 45 600,0001 600,000 500,000 - 1 7501 750 Page 17 of 1276 Exhibit 2 CITY OF BOYNTON BEACH SURTAX CAPITAL IMPROVEMENT PLAN FY22/23 PROPOSED BUDGET (Reconciliation) PROJECT NAME Fund -Location -Exp FY 2022/23 FY 2022/23 Proposed Budget Tentative Budget at 7/1/22 for 9/8 Meeting Changes General Government - Construction Administration 303-4101-580.49-17 158,000 158,000 General Government - Carpet Replacement 303-4101-580.62-01 10,000 10,000 - General Government - Misc. Repairs & Replacement 303-4101-580.62-01 40,000 40,000 PC Replacement & Laptop 303-4101-580.64-15 100,000 100,000 - Replace Datrium Server 303-4101-580.64-15 700,000 0 (700,000) Firewall Replacement - Data Center 303-4101-580.64-15 30,000 30,000 - General Government - HVAC Repairs 303-4101-580.64-18 20,000 20,000 - Schoolhouse Children's Museum - Chilled Water AC Design 303-4107-573.62-01 50,000 0 (50,000) Senior Center RTU -1 HVAC Replacement (Dec -23) 303-4111-580.64-18 30,000 30,000 - Carolyn Sims Center - Sealcoat Parking Lot ADA Wilson Park - Renovate playgrounds 303-4113-572.62-03 303-4113-572.63-05 12,000 12,000 0 - - Carolyn Sims Center -Sealcoat Parking Lot 303-4113-572.63-05 11,000 11,000 - Public Works Compound - Planning & Design 303-4116-580.49-17 100,000 100,000 Public Works Compound - Paint fuel tanks 303-4116-580.62-01 5,000 5,000 - PW 41 (Admin, Fleet, Warehouse) CU -1 HVAC Replacement (May -31) 303-4116-580.64-18 10,125 10,125 - MLK Space Buildout (Heart of Boynton Village Shops) 303-4119-521.62-01 45000 (45,000) Police Patrol Laptop Replacement 303-4119-521.64-15 62,000 62,000 - Fire Station 4 2 AHU 2, 3 and CU -1,2,3 HVAC Replacements 303-4126-522.64-18 44,550 44,550 - Fire Station #3 - Bunk Area Restrooms Renovation 303-4127-522.62-01 75,000 (75,000) Fire Station 43 - Apparatus bay ceiling painting & pressure clean 303-4127-522.62-01 100,000 (100,000) Fire Station 43 - Digital Sign 303-4128-522.62-01 25,000 25,000 Fire Station 44 - Bay Floor Coating 303-4128-522.62-01 30,000 30,000 - Fire Station 45 - Generator & Fuel Tank Replacement 303-4129-522.62-01 500,000 25,000 (475,000) Fire Station #5 - Kitchen Renovation 303-4129-522.62-01 20,000 75,000 55,000 Fire Station 45 - Sealcoat Parking Lot 303-4129-522.62-01 35,000 35,000 - Fire Station 2, 3 ,4, 5 - Cameras 303-4199-522.64-15 73,000 73,000 - Library & City Sign 303-4199-580.62-01 50,000 50,000 Security - City Wide Upgrades - Door Hardware - Key 303-4199-580.62-01 75,000 75,000 Child Care Center - ADA 303-4199-580.62-03 203,381 (203,381) Annual Park & Playgrounds Repairs 303-4199-580.63-05 34,000 34,000 - Annual Park Site Furnishings Repair & Replacement 303-4199-580.63-05 75,000 75,000 - Public Safety Radio Tower 303-4199-580.64-14 200,000 50,000 (150,000) Citywide Facilities- Access Control Updates 303-4199-580.64-14 10,000 10,000 - Citywide - Security Upgrades (LPR) 303-4199-580.64-14 50,000 50,000 - Hester Center Building - Exterior Painting 303-4209-572.62-01 100,000 100,000 - Hester Center - Site Improvements (Construction) 303-4209-572.63-05 3,000,000 3,000,000 Hester Center - Bldg., Baseball, Basketball, Parking, - Cameras 303-4209-572.64-15 230,971 230,971 Oceanfront Park - Boardwalk Decking Maintenance 303-4210-572.62-01 10,000 10,000 - Oceanfront Park - Replace Cans, Benches, Cart Corrals 303-4210-572.62-01 25,000 25,000 - Oyer Park - Dredge Channel 303-4211-572.49-17 30,000 30,000 - Oyer Park - Fishing Pier deck replacement 303-4211-572.63-05 350,000 350,000 - Oyer Park - Cameras 303-4211-572.64-15 56,902 (56,902) Tennis Center - Drainage 303-4212-572.62-01 65,000 65,000 Tennis Center - Entry Roadway Rehab 303-4212-572.62-01 25,000 (25,000) Tennis Center - Restroom Renovation 303-4212-572.62-01 15,000 (15,000) Tennis Center - Sidewalk Repairs 303-4212-572.62-01 40,000 (40,000) Tennis Center - Clubhouse Repairs ADA 303-4212-572.62-03 42,000 42,000 - Tennis Center - Har -Tru Courts Renovation 303-4212-572.63-05 60,000 (60,000) Tennis Center - Pickle Ball Courts 303-4212-572.63-05 35,000 35,000 - S:\Finance\Budget 2022-2023\Capital Improvement Projects\FY 2022-23 CIP Proposed Budget, July 31, 2022 (AD, GD, AM) ry 08.10.22CIP Surtax - 303 (GL Recon) Page -';8l of 1276 Exhibit 2 CITY OF BOYNTON BEACH SURTAX CAPITAL IMPROVEMENT PLAN FY22/23 PROPOSED BUDGET (Reconciliation) CIP GRAND TOTAL I I $ 6,448,4581$ 8,807,146 $ 2,358,688 S:\Finance\Budget 2022-2023\Capital Improvement Projects\FY 2022-23 CIP Proposed Budget, July 31, 2022 (AD, GD, AM) ry 08.10.22CIP Surtax - 303 (GL Recon) Page -';'9 of 1276 2.C. Other 9/22/2022 Requested Action by Commission: Proposed Resolution No. R22-116 - Adopt the annual canal services special assessment rate for FY 2022-23 per the "Preliminary Assessment Resolution No. 822- 098". Pursuant to the provisions of Ordinance No. 21-011, Sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. (Tabled at the September 8, 2022 City Commission Meeting) Explanation of Request: The Annual Assessment Resolution as defined in Ordinance 21-011 authorizes a Canal Maintenance Services Special Assessment, approving the assessed costs and assessment rates for private canal maintenance services for assessed property located within the City of Boynton Beach; as described hereinafter, for the Fiscal Year beginning October 1, 2022. Notice of a public hearing was published and mailed, providing required legal notice to all interested persons of an opportunity to be heard. An affidavit regarding the notice of mailing is attached hereto as Appendix "A" and the proof of publication is attached hereto as Appendix "B". The public hearing will be held on September 8, 2022, and comments and objections of all interested parties will be heard and considered. The proposed canal special assessment will be levied on waterfront properties on Lake Shore Haven and Lake Eden for canal aquatic management services. See Lake Shore Haven & Lake Eden attached map. The estimated Canal Maintenance Services Special Assessments to be assessed and apportioned among benefitted parcels pursuant to the Cost Apportionment Methodology to generate the estimated Canal Maintenance Services Assessed Cost for the Fiscal Year commencing October 1, 2022 is determined by waterfront linear feet maintained and administrative cost per property. 1. Lake Shore Haven Canal: $0.50 per linear foot, plus $20.66 per Property 2. Lake Eden Four Canals: $0.50 per linear foot, plus $20.66 per Property The rate schedule for each canal for aquatic maintenance services assessed are: 1. Lake Shore Haven Canal is $2,762.90. 2. Lake Eden Four Canals: is $4,443.10. The estimated Canal Maintenance Special Assessment to be assessed for the Fiscal Year commencing October 1, 2022, is $ 7,206.00 Number of Properties Total Delinquent Site Assessed Assessment 20-21 Lake Shore Haven37 $2,762.90 $215.50 ....Lake ......Eden ...Four ,,,,,,,,,,,,,,,,,,63 .443.1.0................................ .........................., $4 $820.90 Total 100 $7,206..00 $1,036.40 How will this affect city programs or services? Page 20 of 1276 The proposed assessment will allow for continuation of operations and services and maintenance of current infrastructure for "Assessed Property" which means all property along the Lake Shore Haven Canal and the Lake Eden Four Canals that receive Canal Maintenance Services provided by the City. The special assessment addresses 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: Funds are approved in the Utilities Operations budget. Alternatives: If the Resolution is not adopted then either the canal maintenance work will not be done or will need to be funded by a different mechanism. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D RE)S()llLAti0111 D ffaclhtirTIENI'll Description RE)SCfllUltioin alplpiroviir:g th E, adolptlioin of th Eel Cair:all SPE) :i4l a:>W:>Esa:>&rTIENI'll Map p of Cair:alls Page 21 of 1276 RESOLUTION R22- 116 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATING TO THE PROVISION OF CANAL MAINTENANCE SERVICES, IN THE CITY OF BOYNTON BEACH, FLORIDA; APPROVING THE ASSESSED COSTS AND ASSESSMENT RATES FOR CANAL MAINTENANCE SERVICES FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2022; IMPOSING CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF BOYNTON BEACH FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2022; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, enacted Ordinance No. 21-011, on April 20, 2021, which authorized the imposition of a Canal Maintenance Services Special Assessment, pursuant to the procedures set forth therein ("the Ordinance") for the provision of Canal Maintenance Services for properties that receive Canal Maintenance Services within the City, and provided for findings of special benefit and the method of apportionment of a Canal Maintenance Services Special Assessment; and, WHEREAS, the imposition of Canal Maintenance Services Special Assessments for Canal Maintenance Services for each Fiscal Year is an equitable and efficient method of allocating and apportioning Canal Maintenance Services Assessed Costs among parcels of Assessed Property; and, WHEREAS, the City Commission desires to impose Canal Maintenance Services Special Assessments within the City for the Fiscal Year beginning on October 1, 2022; and, WHEREAS, the City Commission, on July 19, 2022, adopted Resolution No. R22-098 (the "Preliminary Assessment Resolution"), referencing the Canal Maintenance Services to be provided to Assessed Property, describing the method of apportioning the Canal Maintenance Services Assessed Costs to compute the Canal Maintenance Services Special Assessments for 1 Page 22 of 1276 Canal Maintenance Services against Assessed Property, estimating a rates of assessment, and directing the preparation of the Assessment Roll and provision of the notice to the affected landowners; and, WHEREAS, in order to impose the Canal Maintenance Services Special Assessment, the Ordinance requires the City Commission to adopt a Annual Assessment Resolution, which establishes the rate of assessment and approves the Assessment Roll for the upcoming Fiscal Year, with such amendments as the City Commission deems appropriate, after hearing comments and objections of all interested parties; and WHEREAS, the Assessment Roll has heretofore been made available for inspection by the public, as required by the Ordinance and the Preliminary Assessment Resolution; and WHEREAS, notice of a public hearing has been published and mailed, which provided notice to all interested persons of an opportunity to be heard. An affidavit regarding the notice of mailing is attached hereto as Appendix "A" and the proof of publication is attached hereto as Appendix "B"; and, WHEREAS, a public hearing was held on September 8, 2022, and comments and objections of all interested parties have been heard and considered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: SECTION 1. The aforementioned "WHEREAS" clauses are hereby ratified as true and correct and incorporated herein. SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the provisions of the Ordinance, the Preliminary Assessment Resolution, sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. 2 Page 23 of 1276 SECTION 3. DEFINITIONS AND INTERPRETATION. This Resolution constitutes the Annual Assessment Resolution as defined in the Ordinance. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance and the Preliminary Assessment Resolution. SECTION 4. IMPOSITION OF CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT. (A) The parcels of Assessed Property described in the Assessment Roll, as updated and which is hereby approved, are hereby found to be specially benefitted by the provision of the Canal Maintenance Services described in the Preliminary Assessment Resolution, in the amount of the Canal Maintenance Services Special Assessments set forth in the Assessment Roll, as amended, a copy of which was present or available for inspection at the above -referenced public hearing and is incorporated herein by reference. It is hereby ascertained, determined, and declared that each parcel of Assessed Property within the City will be specifically benefitted by the City's provision of Canal Maintenance Services, facilities and programs in an amount not less than the Canal Maintenance Services Special Assessments of such parcel, computed in the manner set forth in the Preliminary Assessment Resolution, and as reflected in the amended Assessment Roll. Adoption of this Annual Assessment Resolution constitutes a legislative determination that all assessed parcels derive a special benefit, as set forth in the Ordinance and the Preliminary Assessment Resolution, from the Canal Maintenance Services to be provided, and a legislative determination that the Canal Maintenance Services Special Assessments are fairly and reasonably apportioned among the properties that receive the special benefit as set forth in the Preliminary Assessment Resolution. 3 Page 24 of 1276 (B) The method of computing the Canal Maintenance Services Special Assessments described in the Preliminary Assessment Resolution, as modified, amended, and supplemented herein, is hereby approved. (C) For the Fiscal Year beginning October 1, 2022, the estimated Canal Maintenance Services Assessed Costs are as follows: (1) Lake Shore Haven Canal. For the Lake Shore Haven Canal, including Canal Maintenance Services and administrative costs allocated to the Properties in the service area, to be assessed for the Fiscal Year commencing October 1, 2022, is $2,762.90. The estimated Canal Maintenance Services Special Assessments to be assessed and apportioned among benefitted parcels for the Lake Shore Haven Canal is $0.50 per lineal foot, plus $20.66 per Property (2) Lake Eden Four Canals. For the Lake Eden Four Canals, the estimated Canal Maintenance Services Assessed Costs for the Lake Eden Four Canals, including Canal Maintenance Services and administrative costs allocated to the Properties in the service area, to be assessed for the Fiscal Year commencing October 1, 2022, is $4,443.10. The estimated Canal Maintenance Services Special Assessments to be assessed and apportioned among benefitted parcels for the Lake Eden Four Canals is $0.50 per lineal foot, plus $20.66 per Property. These assessment rates are hereby approved. Except as otherwise provided herein, the Canal Maintenance Services Special Assessments for Canal Maintenance Services in the amounts set forth in the Assessment Roll, as amended and herein approved, are hereby levied and imposed on all parcels of Assessed Property described in the Assessment Roll. M Page 25 of 1276 (D) The Canal Maintenance Services Special Assessments shall constitute a lien upon the Assessed Property so assessed equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem Assessment. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles, and claims, until paid. (E) The Assessment Roll, as amended and as described herein, together with the correction of any errors or omissions as provided for in the Ordinance, is approved. (F) The Canal Services Special Assessments shall be collected as authorized in the Preliminary Assessment Resolution through mailed invoices sent to the owners of real property on which the Canal Maintenance Special Assessments are levied. SECTION 5. CONFIRMATION OF PRELIMINARY ASSESSMENT RESOLUTION. The Preliminary Assessment Resolution adopted July 19, 2022, except as may be amended herein, is hereby confirmed. SECTION 6. EFFECT ON ADOPTION OF RESOLUTION. The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessments, the rate of assessments, the Assessment Roll and the levy and lien of the Canal Maintenance Services Special Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within twenty (20) calendar days from the date of this Annual Assessment Resolution. SECTION 7. SEVERABILITY. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Resolution. E Page 26 of 1276 SECTION 8. CONFLICTS. That all prior Resolutions or parts of resolutions in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 9. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 8th day of September, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice -Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner — Aimee Kelley VOTE ATTEST: Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) 0 YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 27 of 1276 APPENDIX A AFFIDAVIT OF MAILING Page 28 of 1276 AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Angela Prymas, who, after being duly sworn, deposes and says: 1. 1, Angela Prymas, as Engineer IV 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 Preliminary Assessment Resolution adopted by the City Commission on July 19, 2022 (the 'Preliminary Assessment Resolution"). The Preliminary Assessment Resolution directed and authorized notice by First Class Mail to all affected owners pursuant to the Ordinance. FURTHER AFFIANT SAYETH NOT. .wcm. Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Affidavit of Mailing was sworn to and subscribed before me this 1� day of �� 2022 by Angela Prymas, Engineer IV, City of Boynton Beach, Florida. She 1µersonally knowno me or has produced................. . . . . . .... ---- ----------- ...... . . . as identification and did take an oat Pi. Printed Name:, %Ajc.dn , 1.< V.. ...... Notary Public, State of Florida �m My Commission Expires: .0 c. -f.4, f,- HOWARD KERB Commission No.: Po � WIN ` Notary Public - State of Florida pi Commissions HH 144477 Aly Comm. Expires Oct 12. 2025 ded through National Notary Assn, 8 Page 29 of 1276 APPENDIX B PROOF OF PUBLICATION Page 30 of 1276 � � m������� �=� ���w�����������, The Gainesville Sun iThe Ledger Daily Commercial ! Ocala maaan^e, pOBox 631244Cincinnati, OH4SZG3'1244 News Chief News Herald | The Palm Beach Post Northwest Florida Daily Nevis PROOF OF PUBLICATION Boynton Beach; City 0f Boynton Beach; City 0f yOBOX 3N STATE OFFLORIDA, COUNTY OFPALM BEACH The Palm Beach Post, odaily newspaper printed and published in the city ofWest Palm Beach and ofgeneral circulation inPalm Beach, Martin, Okeechobee and SKLucie Counties, Florida; and personal knowledge ofthe facts herein state and that the notice hereto annexed was Published insaid newspapers inthe issues dated orbypublication onthe newspaper's website, ifauthorized, 08/17/2022 and that the fees charged are legal. Sworn to and subscribed before on 08/17/2022 My commisinoexpireo Publication Cost: $96408 Order No: 7653556 #ofCopioo� Customer No: 730348 1 PO #: THIS IS NOT AN INVOICE! NICOLE JACOBS Notary Public State of Wisconsin Page 31 of 1276 NOTICE OF HEARIN TOIMPOSEAND PROVIDE FOR t COLLECTION IN 'D OF CANAL MAINTENANCE SERVICES SPEC ASSESSMENTS Notice is hereby given that the City Commission of the City of Boynton Beach will conduct a public hearing to consider imposing Canal Maintenance Services Special Assessments upon properties that receive Canal Maintenance Services along the Lake Shore Haven Canal and the Lake Eden Four Canals, for the provision by the City of Canal Maintenance Services to such properties within the City of Boynton Beach. The hearing will be held at 6:00 p.m., on September 8, 2022, 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 basic. 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 $0.50 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 he 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) 7426400, Monday through Friday between 8:00 a.m. and 5:00 p.m. Page 32 of 1276 Requested Action by Commission: Proclaim the month of September as Deaf Awareness Month. Proclamation will be accepted by Lance Fischer, President of South Florida Deaf Senior Citizens, Inc. Explanation of Request: The City of Boynton Beach values inclusion of all its residents, visitors and employees. Recognizing Deaf Awareness Month provides an opportunity to celebrate the rich cultural history of the Deaf community, and continue the work of advocating for the rights of Deaf people everywhere. 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 FlirataaJa irna bolaC E� ,af...\araiir'Esir:Esa:>W:>..li oir:flh...IFlirocJa irna bola Page 34 of 1276 proclamation Whereas, September is Deaf Awareness Month in the United States, a celebration dedicated to increasing public awareness of deaf culture and deaf issues as well as recognizing the heritage and language unique to the deaf and hard-of-healing (DHOH) community. Whereas, Deaf people are a highly diverse population with a wide range of communication preferences and cultural and ethnic backgrounds that shape their interactions with their environment. Whereas, Deaf people do not feel that they are disabled in any way. Deaf and hard of hearing individuals are just as capable as healing individuals. There is a difference in the way those that are deaf and hard of hearing communicate, but it is not a handicap or disability. Whereas, Recognizing Deaf Awareness Month provides an opportunity to celebrate the rich cultural history of the Deaf community, and continue the work of advocating for the lights of Deaf people everywhere. Whereas, we believe Boynton Beach's Deaf, Deafblind, Hard of Hearing & Late Deafened individuals should have the same access to many benefits and opportunities available to live, work, play and communicate in Boynton Beach. NOW THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of September, as: Deaf Awareness Month and invite all residents of our community to join our Celebration of International Day of Sign Languages September 23 at the Arts & Cultural Center at 6:00pm. 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 22nd day of September, Two Thousand Twenty-Two. Ty Penserga, Mayor ATTEST: Maylee De Jesus, MMC City Clerk Requested Action by Commission: Proclaim the week of September 17-23, 2022 as Constitution Week. Marjorie Ferrer of the Daughters of the American Revolution will accept the proclamation. Explanation of Request: September 17, 2022 marks the two hundred and thirty-fifth 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? NA Fiscal Impact: There is no fiscal impact to the budget for this item. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type FlirtaaJa irna bola Description FlirtaaJa irna bola C01['1StitLAti01[': VVE)E)lk Page 36 of 1276 pro e I CGAM Cation WHEREAS, September 17, 2022, marks the two hundred and thirty-fifth 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, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the week of September 17' through 23rd Two Thousand Twenty -Two as: GOn6titut10n VR%�_,�_,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 hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 8' day September, Two Thousand and Twenty -Two. Ty Penserga, Mayor ATTEST: Maylee De Jesus, MMC City Clerk 5.A. Administrative 9/22/2022 City of Boynton Beach 9 Agenda Item Request Form Commission Meeting Date: 9/22/2022 Requested Action by Commission: Approve the request of Commissioner Hay to distribute $2,000.00 of his Community Support Funds to Pathways to Prosperity. Explanation of Request: Commissioner Hay requests to distribute $2,000.00 of his Community Support Funds to support Pathways to Prosperity. Funding will be used to uplift families out of poverty in Palm Beach County. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D ttaclhtirTIENI'lt Description CSI:::: IF1a thwaiys to IC. l roa: PE)ir li ty Page 38 of 1276 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: 09/13/2022 Requested by Mayor/Commissioner: Commissioner Woodrow Hay Amount Requested $2,000.00 Recipient/Payee: Pathways to Prosperity Description of project, program, or activity to be funded: Pathways to Prosperity is dedicated to strengthen communities by providing education and social services to raise school performance for children and increase economic opportunities for families. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000.00. The balance of funds available for the requesting Member of the Commission is $4000. Accordingly: X There are funds available as requested There are insufficient funds available as requested Dated: 09/13/22 B� � Tammy Stanzie, Deputy pity Clerk Part III -Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire community served by such donation Z y Dated: Requesting � City Commission n Page 39 of 1276 5.B. Administrative 9/22/2022 City of Boynton Beach 9 Agenda Item Request Form Commission Meeting Date: 9/22/2022 Requested Action by Commission: Approve the request of Commissioner Hay to distribute $2,000.00 of his Community Support Funds to the Boynton Beach Bulldogs Football team. Explanation of Request: Commissioner Hay requests to distribute $2,000.00 of his Community Support Funds to support activities related to the Boynton Beach Bulldogs Football team. 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 ttaclhtirTIENI'lt Description CSI:::: Il:: oyir:toinIBE: ,ach IBL.adlllda:ags Page 40 of 1276 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR 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 Bulldogs football team. Part II - Availability of funds R15-055 09/13/2022 Commissioner Woodrow Hay $2,000.00 Boynton Beach Bulldogs Activities related to the Boynton Beach The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000.00. The balance of funds available for the requesting Member of the Commission is $2000. Accordingly: X There are funds available as requested There are insufficient funds available as requested Dated: 09/13/22 �ITITITITITIT By: Tammy Stanzion)i�, Deputy Cite lerk Part III -Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire community served by such donation �.. Dated., __.. By:_, Requesting " ..._�.__....�� .. Member of the City Commission Page 41 of 1276 5.C. Administrative 9/22/2022 Requested Action by Commission: Approve the request of Commissioner Kelley to distribute $700.00 of her Community Support Funds to the Bill Tome Foundation. Explanation of Request: Commissioner Kelley requests to distribute $700.00 of her Community Support Funds to support the Bill Tome Foundation. Funding will be used to bring positive programs to the disadvantaged youth of the City of Boynton Beach. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description ttaclhtirTIENI'lt Bill ..TbirTIE) I1:::::0LAinda bola Page 42 of 1276 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: Requested by Mayor/Commissioner: Amount Requested: Recipient/Payee: September -1,3, 2022 Commissioner Kelle 700 Bill Tome Foundation Description of project, program, or activity to be funded: The Bill Tome Foundation offers positive programs to the disadvantaged youth of Boynton Beach. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000. The balance of funds available for the requesting Member of the Commission is $3,500. Accordingly: There are funds available as requested There are insufficient funds available as requested h By� Datedr ;,4 ie w "ammy Stant) ne, epu, pity Clerk Part III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:'.. �� By: a 1 1 Requesting Mei ber of the Ci Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2021-2022\Comm Kelley\Bill Tome Foundation.doc Page 43 of 1276 5.D. Administrative 9/22/2022 Requested Action by Commission: Approve the request of Commissioner Kelley to distribute $400.00 of her Community Support Funds to each of the 7 Palm Beach County Elementary Schools within in the City of Boynton Beach. Explanation of Request: Commissioner Kelley requests to distribute $2,800.00 in equal amounts of $400.00 to each of the 7 Palm Beach County Elementary Schools within in the City of Boynton Beach. Funding will be used for their holiday student gift giving. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D ttach irTIENI'lt Description CSI:::: COBB Il:::. E)irTIE)intairy Schools Il llollliday StUdENI':t (:)lift (::)li 1['1g Page 44 of 1276 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: Se tember 13 2022 R15-055 Requested by Mayor/Commissioner: Commissioner Kelle Amount Requested: 400 Recipient/Payee: Citrus Cove Elementary School Description of project, program, or activity to be funded: For their holiday gift giving for their students. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000. The balance of funds available for the requesting Member of the Commission is $2,800. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated:Cll� By� Tammy Stan , Depl City Clerk e Part III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated: .__ By: q g _ �y Commission Requesting Me�� er of the S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2021-2022\Comm Kelley\Citrus Cove Elementary School.doc Page 45 of 1276 'Wk COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: September 13 2022 R15-055 Requested by Mayor/Commissioner: Commissioner Kelle Amount Requested: 1400 Recipient/Payee: Gala?Sy E3 Elementary School Description of project, program, or activity to be funded: For their holiday gift giving for their students. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000. The balance of funds available for the requesting Member of the Commission is $2,400. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated:` m �� �' ......._.. By:Tammy Stan bone .. Dei pmuty City Clerk Part III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated: ' B Requesting M mber of the,, it pity Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2021-2022\Comm Kelley\Galaxy 3E Elementary School.doc Page 46 of 1276 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: September 13 2022 R15-055 Requested by Mayor/Commissioner: Commissioner Kelley, Amount Requested: 400 Recipient/Payee: Poinciana Etpfl2qntqnL,School. Description of project, program, or activity to be funded: For their holiday gift giving for their students. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000. The balance of funds available for the requesting Member of the Commission is $2,000. Accordingly: (There are funds available as requested There are insufficient funds available as requested Dated By;p hammy Stan �ne, Depty ity Clerk Part III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated: "i... _______- _ BY� equesting M tuber of the ty�Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2021-2022\Comm Kelley\Poinciana Elementary School.doc Page 47 of 1276 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: SerAember 13, 2022 R15-055 Requested by Mayor/Commissioner: Commissioner Kellum Amount Requested: $400— Recipient/Payee: Forest Park Elementar chool _ Description of project, program, or activity to be funded: For their holiday gift giving for their students. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000. The balance of funds available for the requesting Member of the Commission is $1,600. Accordingly: There are funds available as requested There are insufficient funds available as requested �ammyStanzio e, De ut Cit CDated �:w �p Y �... �y° Jerk . .� Part III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated: _. By: Wi � gesting'ember of to City Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2021-2022\Comm Kelley\Forest Park.doc Page 48 of 1276 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: R15-055 September 13, 2022_............ _. Requested by Mayor/Commissioner: Commissionerw Kelle�mITIT Amount Requested: X400 Recipient/Payee: Crosspointe Elementary School Description of project, program, or activity to be funded: For their holiday gift giving for their students. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000. The balance of funds available for the requesting Member of the Commission is $1,200. Accordingly: There are funds available as requested ❑ There are insufficient funds available as requested Dated BY'....m:, �e De i }J .... Tammy StanziDeputyy ty)Clerk Part III -Eligibility Evaluation CJ Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit l The recipient/payee provides services within the City I: The public purpose is beneficial to the ent'e community served by such donation Dated: - I Ci..��:... By ... ._..:.mm: Re uesting Member of the Ci y Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2021-2022\Comm Kelley\Crosspointe.doc Page 49 of 1276 EXHIBIT "A" R15-055 COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: Requested by Mayor/Commissioner: Amount Requested: Recipient/Payee: September 13.. 2022 Commissioner Kel $400 Rollins Green Elementary School Description of project, program, or activity to be funded: For their holiday gift giving for their students. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000. The balance of funds available for the requesting Member of the Commission is $800. Accordingly: i There are funds available as requested There are insufficient funds available as requested Dated By 'ie, Stanzloy C,' Clerk Part III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation 7 . _ Dated: �. � �.� ......_. By: ...... � o� �.,� , �, Requesting M�ber of thity Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2021-2022\Comm Kelley\Rolling Green.doc Page 50 of 1276 EXHIBIT "A" R15-055 COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: Requested by Mayor/Commissioner: Amount Requested: Recipient/Payee: September 13, 2022 Commissioner Kelle° Freedom Shores Elemental Schoowl Description of project, program, or activity to be funded: For their holiday gift giving for their students. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000. The balance of funds available for the requesting Member of the Commission is $400. Accordingly: There are funds available as requested u There are insufficient funds available as requested f� Dated Tammy Stanzip ue, Deputy, i y Clerk Part III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated-°..._ BY Requesting M 'Liber o_fth9"rJty Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2021-2022\Comm Kelley\Freedom Shores.doc Page 51 of 1276 5.E. Administrative 9/22/2022 Requested Action by Commission: Approve the request of Vice Mayor Cruz to distribute $1,000.00 of her Community Support Funds to the American Cancer Society. Explanation of Request: Vice Mayor Cruz requests to distribute $1,000.00 of her Community Support Funds to support the American Cancer Society. Funding will be used for vital cancer research. 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 ttaclht irTIENI'l t CSI:::: irTIE) r li ca ir: C a ll'I ENr S CaCli ety Page 52 of 1276 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 9/15/22 Requested by Mayor/Commissioner: Vice Mayor Cruz Amount Requested: $1,000 Recipient/Payee: American Cancer Societ Description of project, program, or activity to be funded: Cancer Research Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000. The balance of funds available for the requesting Member of the Commission is $5,000. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated. ���°� By 2 Tammy Star)ione, Deputy ity Clerk Part III -Eligibility Evaluation Dated: Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation By: Requesting Member of the City Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2021-2022\VM Cruz\American Cancer Society.doc Page 53 of 1276 5. F. Administrative 9/22/2022 Requested Action by Commission: Approve the request of Vice Mayor Cruz to distribute $1,500.00 of her Community Support Funds to Heart of Boynton Community Association Toy Drive in collaboration with Sergeant Diehl. Explanation of Request: Vice Mayor Cruz requests to distribute $1,500.00 of her Community Support Funds to support Heart of Boynton Community Association. Funding will be used for toy drive. 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 ffaclhtirTIENI'lt CSll::::IREs,gL E)St Il llEsa irk of IC::: oyirntoin Tby Drive, Page 54 of 1276 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 9/15/22 Requested by Mayor/Commissioner: Vice Ma or Cruz Amount Requested: 1,1 .,.500. Recipient/Payee: Heart of Bo nton Community Assoc. Description of project, program, or activity to be funded: 2022 Toy Drive in collaboration with Seraieant Diehl Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000. The balance of funds available for the requesting Member of the Commission is $4,000. Accordingly: ' There are funds available as requested There are insufficient funds available as requested Dated: By: neDe ut Ci k..... Tammy Stan, p y ' Clerk Part III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire ommunity served by such donation Dated: µ^ CIA, BY �� � � RequestingMemberof the City Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2021-2022\VM Cruz\HOB Toy Drive.doc Page 55 of 1276 5.G. Administrative 9/22/2022 Requested Action by Commission: Approve the request of Vice Mayor Cruz to distribute $500.00 of her Community Support Funds to the Boynton Beach Bulldogs. Explanation of Request: Vice Mayor Cruz requests to distribute $500.00 of her Community Support Funds to support to the Boynton Beach Bulldogs. Funding will be used to support activities related to the Boynton Beach Bulldogs Football team. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D ttaclhtirTIENI'lt CSll::::IREs,gL E)St Il:: oyirntoinIBE: ,ach IBL.ailllUogs Page 56 of 1276 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 9/15/22 Requested by Mayor/Commissioner: Vice Ma or Cruz Amount Requested: 500 Recipient/Payee: Boynton Beach Bulldo s Description of project, program, or activity to be funded: Youth Football Program Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000. The balance of funds available for the requesting Member of the Commission is $2,500. Accordingly: °There are funds available as requested There are insufficient funds available as requested Dated By: o ��' ya. Tamm Stan/ io'ne Deputy,C' Clerk Part III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City yrs d by such donation The public purpose is beneficial to the entire served p p p come uni se Dated: By ..., Requesting Member of the City Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2021-2022\VM Cruz\Boynton Beach Bulldogs.doc Page 57 of 1276 5.H. Administrative 9/22/2022 Requested Action by Commission: Approve the request of Vice Mayor Cruz to distribute $500.00 of her Community Support Funds to Boynton Beach High School. Explanation of Request: Vice Mayor Cruz requests to distribute $500.00 of her Community Support Funds to support Boynton Beach High School. Funding will be used for school supplies. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D ttaclhtirTIENI'lt CSI::::IREs,gL E)St Il:: oyirntoinIBE: ,ach Il llligh Schoo Page 58 of 1276 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 9/15/22 Requested by Mayor/Commissioner: Vice Mayor Cruz Amount Requested: 500 Recipient/Payee: Bo nton Beach Hi h School Description of project, program, or activity to be funded: School Supplies Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000. The balance of funds available for the requesting Member of the Commission is $2,000. Accordingly: There are funds available as requested There are insufficient funds available as requested m " � � Dated:..,.........., gy:... Tammy Stan ne, Deputy Qwt Clerk Part III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community se'rved, y such donation Dated: �, u� "�„ y B .� Requesting Member of the City Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2021-2022\VM Cruz\Boynton Beach High School.doc Page 59 of 1276 5.1. Administrative 9/22/2022 Requested Action by Commission: Approve the request of Vice Mayor Cruz to distribute $500.00 of her Community Support Funds to Congress Middle School. Explanation of Request: Vice Mayor Cruz requests to distribute $500.00 of her Community Support Funds to support Congress Middle School. Funding will be used for school supplies. 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 ttaclhtirTIENI'lt CSI:::: IREs,gL E)St CoirgirE)SS lMiddllE) Schc.oc. Page 60 of 1276 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 9/15/22 Requested by Mayor/Commissioner: Vice Mayor Cruz Amount Requested: 500 Recipient/Payee: Congress Middle School Description of project, program, or activity to be funded: School Supplies Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000. The balance of funds available for the requesting Member of the Commission is $1,500. Accordingly: �' There are funds available as requested There are insufficient funds available as requested Pr Dated. d 1, B � � � Tammy Stanz ne, Deputy7 Clerk Part III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_...._ BY _ '�� M Requesting Member of the City Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2021-2022\VM Cruz\Congress Middle Shcool.doc Page 61 of 1276 5.J. Administrative 9/22/2022 Requested Action by Commission: Approve the request of Vice Mayor Cruz to distribute $1,000.00 of her Community Support Funds to the Volen Center. Explanation of Request: Vice Mayor Cruz requests to distribute $1,000.00 of her Community Support Funds to support the Volen Center. Funding will be used for hot meals. 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 ttaclhtirTIENI'lt CSI:::: IREs,gL E)St VCallEsir: CEsir'ItENr Page 62 of 1276 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 09/16/2022 Requested by Mayor/Commissioner: Vice Ma or Cruz Amount Requested: 1 000 _....... „ Recipient/Payee: The Volen Center Description of project, program, or activity to be funded: _IT Providing hot meals Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000. The balance of funds available for the requesting Member of the Commission is $1,000. Accordingly: XThere are funds available as requested There are insufficient funds available as requested Dated"ti�.�� By �-� m Tammy Stanzi �e, Deputy City Jerk Part III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire corpmunity, served by such donation ,,4 By• Dated' .... � • .__......�__� Requesting Member of the City Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2021-2022\VM Cruz\Volen Center.doc Page 63 of 1276 Consent Agenda 9/22/2022 Requested Action by Commission: Proposed Resolution No. R22-128 - Ratification by the City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2022-2023. Explanation of Request: The Community Redevelopment Agency is a Special District created by the City Commission. Florida Statute requires that the budget of special districts be contained within the general budget of the local governing authority and clearly stated as a budget of the dependent district. The Community Redevelopment Agency FY 2022-2023 budget was approved on September 13, 2022. The attached resolution completes the annual process of accepting and approving the CRA budget. How will this affect city programs or services? N/A Fiscal Impact: NONE Alternatives: NONE Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description RE)S()lLAti0111 1:RE)S akAti01['1 ira tifyliir:g th E) URA BL.AgE)t 2022 23 ttach irTIENI'lt 2022 2023 IBL.AgE)t Il:::::liir:al Page 64 of 1276 I 2 RESOLUTION R22-128 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 5 RATIFYING THE 2022-2023 ANNUAL BUDGET FOR THE 6 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 7 AND PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the Boynton Beach Community Redevelopment Agency was created by 10 Ordinance of the City Commission pursuant to Chapter 163, Florida Statutes. The 11 Redevelopment Agency has been designated a Florida Special District; and 12 WHEREAS, Florida Statutes 189.016 provides that the proposed budget of a dependent 13 special district, with the concurrence of the local governing authority, may be budgeted 14 separately; and 15 WHEREAS, a local governing authority may, in its discretion, review the budget or tax 16 levy of any special district located solely within its boundaries; and 17 WHEREAS, a final budget of the Boynton Beach Community Redevelopment Agency 18 has been reviewed and considered by the City Commission for the ensuing year, with 19 detailed information. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach, Florida hereby S:ACA\RESO\Budget\2022 - 2023 Budget\Ratify CRA Budget (2022-23) - Reso.Docx Page 65 of 1276 I ratifies the adoption of the Boynton Beach Community Redevelopment Agency's 2022-2023 2 Annual Budget. 3 Section 3. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this day of September, 2022. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 26 27 Maylee De Jes6s, MPA, MMC 28 City Clerk 29 30 31 (Corporate Seal) 32 33 34 35 36 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE YES NO Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Budget\2022 - 2023 Budget\Ratify CRA Budget (2022-23) - Reso.Docx Page 66 of 1276 RESOLUTION NO: R22-02 RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ADOPTING A BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2022 TO SEPTEMBER 30, 2023, AND PROVIDING AN EFFECTIVE DATE. WITNESSETH: WHEREAS, the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (BBCRA), in order to implement its Community Redevelopment Plan and provide for its operating expenses, has prepared a Budget for the Fiscal Year beginning October 1, 2022 and ending September 30, 2023, attached hereto as Exhibit "I"; and WHEREAS, the Board has determined that said Budget is in the public's interest and is necessary to implement the BBCRA's goals and objectives. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Budget attached hereto as Exhibit "I" for financial operations of the Boynton Beach Community Redevelopment Agency for the period from October 1, 2022 through September 30, 2023 is hereby adopted. 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13th day of September, 2022. BOYNTON BEACH COMMUNITY REDEVELOPMENT, AGENCY By: ....w Ty Pe a,air T. Penserga A. Cruz W. Hay T. Turkin A. Kelley 00551570-1 Page 67 of 1276 CRA FUNDING/USES FY22123 Tax Increment Revenue (increased in future years by estimated TIR from Ocean One) 18,959,450 Boynton Harbor Marina Fuel Dock & Slips Revenue 1,100,000 Fund Balance Surplus 500,000 Total Revenue 20,559,450 Debt & Operating Expenses Debt Service 2,136,830 Operating Expenses 3,700,701 Marina 1,100,000 Sub -Total Debt& Operating Expenses 6,937,531 Tax Increment Revenue Funding Agreement (TIRFA) Payments - Contractual Obligations Seabourn Cove -Phase 1 (50% - 10 Years) Year 101o. 466,528 Seabourn Cove -Phase 11 (50% - 10 Years) Year 9► 227,351 Preserve (75% Yrs 1-5; 25% Yrs 6-10) Year 8► 32,983 500 Ocean (75% Yrs 1-4, 50% Yrs 5-7, 25% Yrs 8-10) Year 41o. 578,087 Valley Bank - Mortgage for Oyer Property Year 1 ► 2,550,000 Ocean One - Phase One (75% Yrs 1-7; 50% Yr. 8) Ocean One - Phase Two (75% Yrs 1-7; 50% Yr. 8) Townsquare Funding (until FY 2044-2045) Year 41o. 3,550,000 Sub -Total TIRFA Payments 7,404,949 Remaining Project Fund Budget for Allocation (Revenue - Debt Service,Operating & TIRFA) 6,216,970 NOTE: Database from Property Appraiser received on 6/30/2022 Page 68 of 1276 BBCRA FISCAL YEAR 2022-2023 PROJECT FUND WORKSHEET Allocation Amount $ 6,216,970 CRA Plan District Projects: FY 2022-2023 Estimated FY 21/22 Rollover Balances as of Li/29/21722 CRA Board Proposed FY 22/23 Project Fund Allocations Project Fund Line Item Allocation Total (including any Rollover as of 8!29/2022 ) Heart of Boynton MILK Jr. Blvd. Corridor Redevelopment Projects (includes $25k for NOP Office) $2,025,815 - issued a purchase order $ $ Heart of Boynton MILK Jr. Blvd. Corridor (Centennial Project) - Local Government Match (Purchase Order issued) $ $ $ Heart of Boynton Joint Infrastructure Projects (MILK Streetscape) $ 200,000 $ 200,000 Heart of Boynton Cottage District Workforce Housing Infill Redevelopment Project - Pbudg<L< d PbuL rain rhaincp<IagiewilenLW1011'.:411e:, $ 385,825 $ $ 385,825 Heart of Boynton Acquisition of 1213 NW 4th Street - Cherry Hill $ - $ 410,000 $ 410,000 Heart of Boynton Future Grocery Store in District 2 $ $ 200,000 $ 200,000 Boynton Beach Blvd BB Boulevard Streetscape Improvement Project (Total needed $1.5 million by FY 23/24) $ 1,090,580 $ 409,420 $ 1,500,000 Boynton Beach Blvd Acquisition of 217 N. Seacrest Blvd. - Closing February 2023 $ $ 770,000 $ 770,000 Federal Highway Historic Woman's Club of BB, ongoing Renovations (ILA with City) $ - $ 250,000 $ 250,000 District Wide Property Acquisition $ 1,800,043 $ 981,904 $ 2,781,947 District Wide Jaycee Park (Assisting City with Construction) $ 250,000 $ 250,000 District Wide Neighborhood Officer Program (NOPs) 5th year of program - tl IliPI:IORARH Y kmUS1 "I I1I4D1I lla $ 200,000 $ 297,646 $ 497,646 District Wide Marina Seawall $ $ 500,000 $ 500,000 District Wide Commercial Economic Redevelopment Grants * ($300,000 for 7 bays on MILK) $ 40,558 $ 600,000 $ 640,558 District Wide Commercial Exterior Improvements $ - $ 500,000 $ 500,000 District Wide Business Promotions & Events Assistance Project $ 175,158 $ 300,000 $ 475,158 District Wide Business Promotional Marketing $ 47,000 $ 98,000 $ 145,000 District Wide Site Work, Demolition & Environmental $ 61,236 $ 125,000 $ 186,236 District Wide IProfessional Development Services (Arch/Eng,Appraisals/FeasibiI ity, etc.)** $ 174,841 $ 100,000 $ 274,841 District Wide Development Project Related Legal Services*** $ - $ 175,000 $ 175,000 District Wide Contingency $ 90,000 $ 50,000 $ 140,000 $ 4,065,241 $ 6,216,970 $ 10,282,211 ALLOCATION BALANCE REMAINING Page 69 of 1276 Boynton Beach CRA General Fund - Budget Summary - FY 2022-2023 Total Revenues $ FY 2021-2022 2020-2021 vs. Prior Year $ FY 2022-2023 Original Amended Increase/(Decrease) REVENUES Budget Budget Budget Amount Tax Increment Revenue (TIF) $ 18,959,450 (a) $ 15,801,715 $ 15,801,715 $ 3,157,735 17% Marina Rents & Fuel Sales $ 1,100,000 $ 1,000,000 $ 1,000,000 $ 100,000 9% Fund Balance Surplus $ 500,000 $ 100,000 $ 100,000 $ 400,000 0% Budget Amendment #1 4/12/2022 470,985 $ 470,985 $ 1,135,316 61,820 Total Revenues $ 20,559,450 (b) $ 16,901,715 $ 18,037,031 $ $ 2,522,419 13,650 12% 20% $ 67,150 $ 53,500 $ 53,500 EXPENSES CRA Board & Advisory Board Administration & Operations Executive Department $ 532,805 $ 470,985 $ 470,985 $ 61,820 12% Finance Department $ 252,842 $ 221,532 $ 221,532 $ 31,310 12% Planning & Development Department $ 210,595 $ 188,037 $ 188,037 $ 22,558 11% Marketing & Business Development $ 254,967 $ 283,937 $ 283,937 $ (28,970) 0% Business Promotion and Events Department $ 152,391 $ 131,831 $ 131,831 $ 20,560 13% Taxes, Employee Benefits, Compensated Absences, Workers Comp $ 711,751 $ 460,239 $ 460,239 $ $ 251,512 358,790 35% 17% Sub -Total $ 2,115,351 $ 1,756,561 $ 1,756,561 Other General Fund Expenses Insurances $ 265,000 $ 165,000 $ 165,000 $ 100,000 38% Professional Services $ 234,000 $ 179,500 $ 179,500 $ 54,500 23% Buildings, Grounds, Maintenance $ 713,700 $ 453,839 $ 453,839 $ 259,861 36% Information Technology $ 105,500 $ 89,000 $ 89,000 $ 16,500 16% Contingency $ 200,000 $ 100,000 $ 100,000 $ 100,000 50% $ 1,518,200 $ 987,339 $ 987,339 Sub -Total $ 530,861 35% Boynton Harbor Marina Fuel Dock & Slips Expenses $ 1,100,000 $ 1,000,000 $ 1,000,000 $ 100,000 9% Total General Fund Operating $ 4,800,701 (d) $ 3,797,400 $ 3,797,400 $ 1,003,301 21% Operating Transfers Out Transfer to Debt Service Fund $ 2,136,830 $ 2,140,528 $ 2,140,528 $ (3,698) 0% Transfer to Project Fund $ 13,621,919 $ 10,963,787 $ 12,099,103 $ 1,522,816 11% Sub -Total $ 1,519,118 10% $ 15,758,749 $ 13,104,315 $ 14,239,631 Total General Fund Expenses & $ 20,559,450 $ 16,901,715 $ 18,037,031 Transfers Out $ 242,154 -1% (a) Property values in CRA up 17% (b) Increase due to Board Meeting Minutes and ASL Page 70 of 1276 FUNDING SOURCES Boynton Beach CRA Project Fund - Budget Summary 2022-2023 2021-2022 2021-2022 vs. Prior Year Original Amended Increase/(Decrease) Budget Budaet I Budaet Amount I % 1. Rollover FY 2021-2022 (see Budget Overview) $ 4,065,241 $ - $ 4,065,241 N/A Economic Development Grant Programs $ 1,140,558 $ 556,600 $ 556,600 $ 583,958 105% 2. Transfers in from General Fund $ 145,000 $ 75,000 $ 75,000 $ - 93% Other Financing Sources/Transfers In $ 13,621,919 $ 10,963,787 $ 10,963,787 $ 2,658,132 24% Sub -Total $ 2,590,507 $ 1,773,100 $ 1,773,100 $ 817,407 46% 3. Other Revenue/Financing Sources: $ 1. Budget Amendment #1 4/12/22 $ 497,646 $ 524,627 $ 1,135,316 $ (26,981) -5% Business Promotional Events $ 475,158 $ 765,760 $ 765,760 $ (290,602) -38% Total Funding Sources/Revenues & Transfers In $ 17,687,160 $ 10,963,787 $ 12,099,103 $ 6,723,373 56% Total Project Fund Expenses $ 17,687,160 $ 14,744,704 $ 15,880,020 $ 1,807,140 11% 2022-2023 FY 2021-2022 2022-2023 vs. Prior Year Original Amended Increase/(Decrease) EXPENSES Budget Budget Budget Amount % Professional& Other Expenses Contingency $ 140,000 $ 150,000 $ 150,000 $ (10,000) -7% Professional Services $ 274,841 $ 210,891 $ 210,891 $ 63,950 30% Legal Services $ 175,000 $ 125,000 $ 125,000 $ 50,000 40% Sub -Total $ 589,841 $ 485,891 $ 485,891 $ 103,950 21% Capital Outlay Property Purchases $ 6,711,947 $ 3,070,764 $ 3,706,080 $ 3,005,867 81% BBWC Capital Improvements/Marina Seawall $ 750,000 $ 250,000 $ 250,000 $ 500,000 200% Site Work & Demolition Fees $ 186,236 $ 196,592 $ 196,592 $ (10,356) -5% Infrastructure & Streetscape $ 5,885,825 $ 7,677,970 $ 8,177,970 $ (2,292,145) -28% Sub -Total $ 13,534,008 $ 11,195,326 $ 12,330,642 $ 1,203,366 10% Economic Development & Housing Rehab Program Economic Development Grant Programs $ 1,140,558 $ 556,600 $ 556,600 $ 583,958 105% Marketing Program $ 145,000 $ 75,000 $ 75,000 $ 70,000 93% DIFA- Economic Development $ 1,304,949 $ 1,141,500 $ 1,141,500 $ 163,449 14% Sub -Total $ 2,590,507 $ 1,773,100 $ 1,773,100 $ 817,407 46% Projects & Programs Clean & Safe Program (Clean, Police, Code) $ 497,646 $ 524,627 $ 524,627 $ (26,981) -5% Business Promotional Events $ 475,158 $ 765,760 $ 765,760 $ (290,602) -38% Sub -Total $ 972,804 $ 1,290,387 $ 1,290,387 $ (317,583) -25% Total Project Fund Expenses $ 17,687,160 $ 14,744,704 $ 15,880,020 $ 1,807,140 11% Page 71 of 1276 Boynton Beach CRA Debt Service Fund - Budaet Summary Dept. # Funding Source 49900 Transfers In from General Fund FY 2022-2023 FY 2021-2022 Original Amended Budaet I Budaet I Budaet $ 2,135,830 $ 2,140,528 $ 2,140,528 Page 72 of 1276 Expenses Series 2012 (formerly Series 2004 & Series 2005A) - PNC Bank 59800-814 Principal $ 1,471,000 $ 1,439,000 $ 1,439,000 59800-824 Interest $ 153,600 $ 190,438 $ 190,438 Sub -Total $ 1,624,600 $ 1,629,438 $ 1,629,438 Series 2015 (formerly Series 200513) - BB&T 59800-815 Principal $ 435,000 $ 420,000 $ 420,000 59800-826 Interest $ 76,230 $ 90,090 $ 90,090 Sub -Total $ 511,230 $ 510,090 $ 510,090 59800-830 Financial Agent Fees $ 1,000 $ 1,000 $ 1,000 Total Debt Service Expenses $ 2,136,830 $ 2,140,528 $ 2,140,528 Page 72 of 1276 BOYNTON BEACH CRA FY 2022-2023 BUSINESS PROMOTIONS & EVENTS BUDGET -02-58500-480 2022/2023 EVENTS DATE BUDGET ADDITIONAL COMMENTS ROCK THE MARINA & FISHING EXTRAVAGANZA Saturday, November 5, 2022 $40,000 735 Casa Loma Boulevard Event Marketing $8,000 Total Rock the Marina & Lionfish Derby $48,000 ROCKIN' AROUND THE BLOCK - HOLIDAY MARKET Saturday, December 3, 2022 $50,000 E. Ocean Avenue between Federal Event Marketing $8,000 Highway and NE 3rd Street Total Rockin' Around the Block Holiday Market $58,000 HOLIDAY BOAT PARADE Friday, December 9, 2022 1 $14,000 735 Casa Loma Boulevard Event Marketing $4,000 Total Holiday Boat Parade $18,000 ROCK THE PLAZA Ocean Plaza Saturday, January 28, 2023 $12,000 One Boynton Thursday, February 23, 2023 $12,000 Heart of Boynton Village Saturday, April 29, 2023 $12,000 Event Marketing $12,000 Total Rock the Plaza $48,000 BLARNEY BASH Saturday, March 11, 2023 1 $40,000 E. Ocean Avenue between Federal Event Marketing $8,000 Highway and NE 3rd Street Total Blarney Bash $48,000 BOYNTON BEACH ART WALK Saturday, May 20, 2023 1 $15,000 410 W. Industrial Avenue $4,000 Total Boynton Beach Art Walk $19,000 BOYNTON BEACH NIGHT MARKET Saturday, July 29, 2023 1 $40,000 120 E. Ocean Avenue Event Marketing $8,000 Total Boynton Beach Night Market $48,000 BOYNTON BEACH ART WALK Saturday, September 16, 2023 1 $15,000 410 W. Industrial Avenue $4,000 Total Boynton Beach Art Walk $19,000 PIRATE FEST MARKETING & BUSINESS PROMOTIONAL SUPPORT Date TBD $50,000 Downtown District Event Marketing $35,000 Total Pirate Fest Support $85,000 EQUIPMENT & SUPPORT $69,158 CEREMONIAL EVENTS $15,000 Sub -Total Events $384,158 Sub -Total Events Marketing $91,000 TOTAL COST OF EVENTS► $475,158 Day of week could change depending on input from xoperty manager and businesses. Page 73 of 1276 NOTE: All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2022-2023 Revised by CRA to include promotional/marketing materials and additional equipment. Page 74 of 1276 FY 2023 Category Unit Cast BUDGET Notes Personnel Officer Salary & Incentive(Paramore) 1 107,945 107,945 Salary, Education Incentive Officer Benefits -Pension 1 45,081 45,081 Pension Officer Benefits 1 18,200 18,200 Healthcare, Dental, Vision, FICA Officer Salary & Incentive(j Rivera) 1 88,780 88,780 Salary, Education Incentive Officer Benefits -Pension 1 37,076 37,076 Pension Officer Benefits 1 16,721 16,721 Healthcare, Dental, Vision, FICA Officer Salary & Incentive 1 62,659 62,659 Salary, Education Incentive (AVG) Officer Benefits -Pension 1 18,840 18,840 Pension (AVG) Officer Benefits 1 15,090 15,090 Healthcare, Dental, Vision, FICA (AVG) Police Service Aide (Civilian) Salary & Incentive 1 36,513 36,513 Salary, Education Incentive (AVG) Police Service Aide (Civilian) Benefits -Pension 1 10,978 10,978 Pension (AVG) Police Service Aide (Civilian) Benefits 1 12,883 12,883 Healthcare, Dental, Vision, FICA (AVG) Total Personnel Costs 1 1 1$ 470,766 Uniform 4 500 $ 2,000 uniforms,belts Community Events/Promotions 1 4,000 4,000 Youth Programs Misc. Equipment - As needed 1 2,500 2,500 Segway (Maintenance) 3 333 1,000 Preventative maintenance Total Equipment Costs is 9,500 Cell Phones Service Plan 4 675 2,700 $56.25/mo for staff Office Supplies / Misc Supplies 1 2,000 2,000 Office Supplies (incl printer/ copier) Office Electric, Cable/ Internet, water/sewage 12 515 6,180 Monthly operating costs Office Space Monthly Maintenance 12 0 - Monthly Maint. Ocean Palm Plaza Office Cleaning 1 1,500 1,500 City Cleaning Crew (Gail) Computer equipment 4 250 1,000 Misc, Cameras Training 4 1,000 4,000 CPTED, STEP academy Total Office Expenses $ 17,380 NOTE: All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2022-2023 Revised by CRA to include promotional/marketing materials and additional equipment. Page 74 of 1276 Boynton Beach Community Redevelopment Agency FY 2022-2023 Budget - Personnel Personnel Position FY 2021-2022 1 FY 2022-2023 No. No. 1 Executive Director 1 1 2 Assistant Director 1 1 3 Finance Director 1 1 4 Accounting and Finance Manager 1 1 5 Development Services Manager 1 1 6 Grants and Project Manager 1 1 7 Business Promotion and Events Manager 1 1 8 Business Promotions & Marketing Coordinator 0 1 9 Social Media Communications Specialist 10 Administrative Assistant Total Personnel 1 1 9 10 Page 75 of 1276 Page 76 of 1276 Mn Consent Agenda 9/22/2022 Requested Action by Commission: Approve and authorize the sole source purchase of equipment and services for Axon Interview from Axon Enterprises, Inc in the amount of $62,256.74. Explanation of Request: This request is to provide the police department with warranty coverage for Axon related products such as Body worn cameras and storage in Evidence.com. This system is required in order to conduct, record, and preserve interviews in regards to cases being worked by the police department. How will this affect city programs or services? This system provides the ability to capture video storage along with uploading video to Evidence.com giving the police department the ability to bookmark, annotate, and comment on footage in real-time while maintaining a complete chain of custody. Fiscal Impact: Funding has been approved from: Account #001-2112-521.49-17 in the amount of $$62,256.74 Alternatives: Not approve and continue using hardware without support. If the device dies, then officers will not be able to capture video and audio necessary for cases being worked. The officers may also lose access to Evidence.com for existing cases. Strategic Plan: Building Wealth in the Community Strategic Plan Application: This agenda item helps maintain the 'wealth in the community' by investing in equipment that supports public safety activities provided to our community. Climate Action Application: This agenda item has a net -zero impact on the climate. Is this a grant? Grant Amount: Contracts Page 77 of 1276 Vendor Name: Axon Enterprise, Inc Start Date: End Date: Contract Value: Minority Owned Contractor?: Extension Available?: Extension Explanation: Attachments: Type D AttachirTIENI'lt D A ttac lh rTIE) 111 t Description Axoin SObl &11'1gE) SOLArCE) JLAStificatioin F:::oirirn Axoin QLAOtE) (3)ap Covera gE) Page 78 of 1276 lD�lq o X a September 12, 2022 To: United States state, local and municipal law enforcement agencies Re: Sole Source Letter for Axon Enterprise, Inc.'s Axon brand products and Axon Evidence (Evidence.com) Data Management Solutions' A sole source justification exists because the following goods and services required to satisfy the agency's needs are only manufactured and available for purchase from Axon Enterprise. Axon Digital Evidence Solution Description Axon Body 3 Video Camera (DVR) • Improved video quality with reduced motion blur and better low -light performance • Multi-mic audio—four built-in microphones • Wireless upload option • Gunshot detection and alerts • Streaming audio and video capability • "Find my camera" feature • Verbal transcription with Axon Records (coming soon) • End-to-end encryption • Twelve-hour battery • Up to 120 -second buffering period to record footage before pressing record button Axon Flex 2 Video Camera • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 0.1 lux • Audio tones to alert user of usage • Low SD, high SD, low HD, and high HD resolution (customizable by the agency) • Up to 120 -second buffering period to record footage before pressing record button • Multiple mounting options using magnetic attachment: head, collar, shoulder, helmet, ball cap, car dash, and Oakley sunglass mounts available • 120 -degree diagonal field of view camera lens, 102 -degree horizontal field of view, and 55 -degree vertical field of view Axon Flex 2 Controller • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • Haptic notification available • Tactical beveled button design for use in pocket • Compatible with Axon Signal technology Axon Air System • Purpose-built solution for law enforcement UAV programs • Supported applications on iOS and Android Axon is also the sole developer and offeror of the Evidence.com data management services. Evidence.com is both a division of Axon and a data management product solution offered by Axon. Evidence.com is not a separate corporate entity. Ax(' )n ince, rprl„ (� II1 , / x(n ),Y1 eft r \/(�rsk, ))n 42 I +' (, 1 Page 79 of 1276 lD�lq o X a • Automated tracking of pilot, aircraft, and flight logs • Unlimited Storage of UAV data in Axon Evidence (Evidence.com) • In application ingestion of data in Axon Evidence (Evidence.com) • Axon Aware integration for live streaming and situational awareness Axon Body 2 Video Camera • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones and haptic (vibration) notification to alert user of usage • Audio mute during event option • Wi-Fi capability • High, medium, and low quality recording available (customizable by the agency) • Up to 2 -minute buffering period to record footage before pressing record button • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • 143 -degree lens • Includes Axon Signal technology Axon Fleet 3 Camera • High-definition Dual -View Camera with panoramic field of view, 12x zoom, and Al processing for automatic license plate reader (ALPR) • High-definition Interior Camera with infrared illumination for back seat view in complete darkness • Wireless Mic and Charging Base for capturing audio when outside of vehicle • Fleet Hub with connectivity, global navigation satellite system (GNSS), secure solid- state storage, and Signal inputs • Automatic transition from Buffering to Event mode with configurable Signals • Video Recall records last 24 hours of each camera in case camera not activated for an event • Intuitive mobile data terminal app, Axon Dashboard, for controlling system, reviewing video, quick tagging, and more • Ability to efficiently categorize, play back and share all video and audio alongside other digital files on Evidence.com • Multi -cam playback, for reviewing up to four videos, including body -worn and in -car footage, at the same time • Fully integrated with Evidence.com services and Axon devices • Automatic time synchronization with all Axon Fleet and other Axon on -officer cameras allows for multi -camera playback on Evidence.com. • Prioritized upload to Evidence.com of critical event videos via 4G/LTE • Wireless alerts from the TASER CEW Signal Performance Power Magazine (SPPM) and Signal Side Arm (SSA). • Best -in -class install times, wireless updates and quick remote troubleshooting • Optional Axon Aware live stream, alerts, and location updates for situational awareness • Optional Axon ALPR hotlist alerts, plate read retention, and investigative search /0>'on I inte'rjprl„ e II o /O:non �b,oulr e I eft r Version 42 Flage 2 Page 80 of 1276 lD�lq o X a Axon Fleet 2 Camera • Fully integrated with Axon Evidence services and Axon devices • Automatic time synchronization with other Axon Fleet and Axon on -officer cameras allows for multi -camera playback on Axon Evidence. • Immediate upload to Axon Evidence of critical event videos via 4G/LTE • Wireless alerts from the TASER CEW Signal Performance Power Magazine (SPPM). • Automatic transition from BUFFERING to EVENT mode in an emergency vehicle equipped with the Axon Signal Unit • Decentralized system architecture without a central digital video recorder (DVR). • Cameras that function independently and communicate wirelessly with the computer in the vehicle (MDT, MDC, MDU) for reviewing, tagging and uploading video. • Wireless record alert based on Bluetooth communication from Axon Signal Vehicle when a configured input is enabled (e.g. emergency light, siren, weapon rack, etc.). • Receives alerts from Axon Signal Sidearm. • Plug -And -Play design allowing for cameras to be easily replaced and upgraded. • Ability for an unlimited number of agency vehicles recording in the same vicinity with an Axon Fleet system to be automatically associated with one another when reviewing video in the video management platform. This feature is also supported across body cameras. Axon Signal Unit (ASU) • Communications device that can be installed in emergency vehicles. • With emergency vehicle light bar activation, or other activation triggers, the Axon Signal Unit sends a signal. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal Performance Power Magazine (SPPM) • Battery pack for the TASER X2 and X26P conducted electrical weapons • Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal technology only works with Axon cameras. Axon Signal Sidearm Sensor • Can be installed on common duty holsters • Drawing a service handgun from the holster sends a signal from the Axon Signal Sidearm sensor. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Interview Solution • High-definition cameras and microphones for interview rooms • Covert or overt camera installations • Touch -screen user interface • Motion -based activation • Up to 7 -minute pre- and post -event buffering period • Full hardware and software integration • Upload to Axon Evidence services • Interview room files can be managed under the same case umbrella as files from Axon on -officer cameras and Axon Fleet cameras; i.e., Axon video of an arrest and /0>'on I inte'rjprl„ e II o /O:non �b,oulr e I eft r Version 42 I ge �:? lD�lq o X a interview room video are managed as part of the same case in Axon Evidence • Dual integration of on -officer camera and interview room camera with Axon Evidence digital evidence solution Axon Signal Technology • Sends a broadcast of status that compatible devices recognize when certain status changes are detected • Only compatible with TASER and Axon products Axon Dock • Automated docking station uploads to Axon Evidence services through Internet connection • No computer necessary for secure upload to Axon Evidence • Charges and uploads simultaneously • The Axon Dock is tested and certified by TUV Rheinland to be in compliance with UL 60950-1: 2007 R10.14 and CAN/ CSA -C22.2 N0.60950-1-07+AI:2011+A2:2014 Information Technology Equipment safety standards. Axon Evidence Data Management System • Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement • Securely share digital evidence with other agencies or prosecutors without creating copies or requiring the data to leave your agency's domain of control • Controlled access to evidence based on pre -defined roles and permissions and pre- defined individuals • Password authentication includes customizable security parameters: customizable password complexity, IP -based access restrictions, and multi -factor authentication support • Automated category -based evidence retention policies assists with efficient database management • Ability to recover deleted evidence within seven days of deletion • Stores and supports all major digital file types:.mpeg, .doc, .pdf, .jpeg, etc. • Requires NO proprietary file formats • Ability to upload files directly from the computer to Axon Evidence via an Internet browser • Data Security: Robust Transport Layer Security (TLS) implementation for data in transit and 256 -bit AES encryption for data in storage • Security Testing: Independent security firms perform in-depth security and penetration testing • Reliability: Fault- and disaster -tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain -of -Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff • Protection: With no on-site application, critical evidence stored in Axon Evidence is protected from local malware that may penetrate agency infrastructure /0>'on I int(, rprk e II o /O:non �b,oulr e I eft r Version 42 Flage n, Page 82 of 1276 lD�lq o X a • Stability: Axon Enterprise is a publicly traded company with stable finances and funding, reducing concerns of loss of application support or commercial viability • Application and data protected by a CJIS and ISO 27001 compliant information security program • Dedicated information security department that protects Axon Evidence and data with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities • Redact videos easily within the system, create tags, markers and clips, search 7 fields in addition to 5 category -based fields, create cases for multiple evidence files Axon Evidence for Prosecutors • All the benefits of the standard Axon Evidence services • Ability to share information during the discovery process • Standard licenses available for free to prosecutors working with agencies already using Axon Evidence services • Unlimited storage for data collected by Axon cameras and Axon Capture Attorney Premier • All the benefits Axon Evidence for Prosecutors • Purpose-built user interface optimizes evidence management, review functionalities, and case relevant information • Unlimited Al transcription of playable video and audio files • Native image and PDF redaction software • Ability to natively play a wide variety of V party video codecs (CCTV) and extract file into an MP4 • Ability to obtain evidence directly from members of the community via secure web link • Unlimited storage and data collected and shared by Axon partner agencies via Axon Evidence (Evidence.com) • Available unlimited V party data source storage plan • Pro Licenses — all users have access to pro license features, including the Redaction Studio, Transcription Assistant, and Multi -Cam, and Reporting functionalities • Transcription is Unlimited and automatic (i.e. all videos ingested into Attorney Premier are automatically transcribed) • Discovery module designed to optimize all aspects of discovery management Axon Capture Application • Free app for iOS and Android mobile devices • Allows users to capture videos, audio recordings, and photos and upload these files to their Axon Evidence account from the field Allows adding metadata to these files, such as: Category, Title, Case ID, and GPS data Axon Commander Services • On -premises data management platform • Chain of custody reports with extensive audit trail • Automated workflows, access control, storage, and retention • Compatible with multiple file formats /0>'on I inte'rjprl„ e II o /O:non �b,oulr e I eft r Version 42 I +'ie �5 Page 83 of 1276 lD�lq o X a Axon View Application • Free app for iOS and Android mobile devices • Allows user to view the camera feed from a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 camera in real-time • Allows for playback of videos stored on a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 system • Allows adding meta -data to videos, such as: Category, Title, Case ID, and GPS data Axon Records • Continuously improving automated report writing by leveraging Al and ML on officer recorded video, photo, and audio from BWC, In -Car, Mobile App (Axon Capture), or other digital media • Collaborative report writing through instantly synced workspaces allowing officers to delegate information gathering on scene • Instant access to records allowing detectives to begin their investigation and records clerks to update information exchanges on things like missing people or stolen property as soon as possible • Complete leveraging of Axon Evidence sharing to allow fast, efficient, digital, and secure sharing of records and cases to DAs and Prosecutors • Robust API and SDK allows data to be easily ingested and pushed out to other systems—preventing data silos • Deep integration with Axon Evidence putting video at the heart of the record and automating the process of tagging and categorizing digital evidence stored in Axon Evidence • Automatic association of digital evidence to the record and incident through Axon Evidence integration • In context search of master indexes (people, vehicles, locations, charges)— promoting efficient report writing through prefilling of existing data which promotes clean and deduped data in the system • Quick views for users to track calls for service and reports in draft, ready for review, kicked back for further information, or submitted to Records for archiving. • Federal and State IBRS fields are captured and validated—ensuring the officer knows what fields to fill and what information needs to be captured • Intuitive validation ensures officers know what information to submit without being burdened by understanding the mapping of NIBRS to state or local crime codes • Ability to create custom forms and add custom fields to incident reports—allowing your agency to gather the information you find valuable • Software as a Service (SaaS) delivery model that allows agencies to write, manage, and share digital incident reports without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement • Securely share records and cases with other agencies or prosecutors without creating copies or requiring the data to leave your agency's domain of control • Controlled access based on pre -defined users, groups, and permissions • Password authentication includes customizable security parameters: customizable /0>'on I inte'rjprk e II o /O:non �b,oulr e I eft r Version 42 Flage e' Page 84 of 1276 lD�lq o X a password complexity, IP -based access restrictions, and multi -factor authentication support Security Testing: Independent security firms perform in-depth security and penetration testing Reliability: Fault- and disaster -tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States Chain -of -Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff Axon Standards • Internal affairs and professional standards reporting • Customizable information display, including custom forms • Customizable workflows and user groups • Automated alerts • Compatible with digital documents, photos, and videos • Connection with Transcription (beta) • Shared Index with evidence.com and Records • Data Warehouse allowing custom summary reports and integration into 3rd party analytic tools. • Workflow analytics to provide SLA on throughputs • Integration with the TASER 7 CEW for automatically pulling firing logs (alpha) • Available as an option for Axon Records • Automatically bundled with Officer Safety Plan 7+ Axon Professional Services • Dedicated implementation team • Project management and deployment best practices aid • Training and train -the -trainer sessions • Integration services with other systems Axon Auto -Transcribe • Transcribes audio to text, producing a time -synchronized transcript of incidents • Allows searches for keywords (e.g., names, and addresses) • Embedded time stamps when critical details were said and events occurred • Produce transcripts in substantially less time than with manual methods • Pull direct quotes and witness statements directly into reports Axon Support Engineer: • Dedicated Axon Regional/Resident Support Engineer Services • Quarterly onsite visits • Solution and Process Guidance custom to your agency • White -Glove RMA and TAP (if applicable) Service for devices • Monthly Product Usage Analysis • Resident Support Engineer also includes onsite product maintenance, troubleshooting, and beta testing assistance Axon Respond for Dispatch (CAD) • Integration with Axon Respond for Devices (Axon Body 3) for location and/or live /0>'on I inte'rprl„ e II o /O:non �b,oulr e I edit, r Version 42 I +' e .7 Page 85 of 1276 lD�lq o X a streaming in CAD. • Integration with TASER 7 CEW devices for enhanced situational awareness. • Native ESRI based mapping with ability to connect to ESRI online communities and your agency's local ArcGIS data. • SaaS model reduces security and administration by local IT staff: no local installation • Robust API and SDK allows data to be easily ingested and pushed out to other systems -- preventing data silos. • Complete leveraging of Axon Evidence (evidence.com) sharing to allow fast, efficient, digital and secure sharing of data to DAs and Prosecutors. • Future versions/enhancements included with minimal down time and no need to purchase an upgrade to the latest version. • Native integration with Axon Records. • Reliability: Fault — and disaster — tolerant infrastructure in at least four redundant data centers in both the East and West regions of the United States. • Security Testing: Independent security firms perform in depth security and penetration testing. • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement. Axon Investigate • Video analysis software • Compatible with video from cell phones, on -officer cameras, in -car camera systems, social media, and other sources • Oriented to investigators and prosecutors • Integration with Axon Evidence services • Automatically identify video file codecs, formats, hash values, and other metadata • Automatically determine the required codec necessary to play a wide variety of video formats • Play forwards/backwards and fast forward through almost any video file • Scrub forwards/backwards through almost any video file • Mark and auto export an unlimited number of tagged video frames • Create subclips from any readable media • Batch transcode files to standard file formats (including uncompressed, lossless h.264, wmv, and more) • Add filters to transcode workflow (including resize, deinterlace, pad, crop, blur, concatenate, etc.) • Provide enhancement capabilities, such as stabilization, brightness adjustments, and frame averaging • Produce dynamic frame analysis spreadsheets to xml documents • Validate results compared with hexadecimal analysis tools • Build and share workflows with other users • Transcode files directly to Avid Media Composer projects • Identify duplicate files in any folder based on md5 hash • Produce detailed written reports via interactive PDF with embedded video and image content within iNPUT-ACE • Extract I -frames • Decimate /0>'on I inte'rprk e II o /O:non �b,oulr e I eft r Version 42 Flage II Page 86 of 1276 lD�lq o X a • Canvas Editor (picture -in -picture) • Add raw FFmpeg arguments • Perform four types of macroblock analysis 0 4x4 prediction removed 0 8x8 prediction removed o Color coded block types o Quantization parameter evaluation • Offered INPUT -ACE Software (from Axon Enterprise) • Variable frame rate (VFR) lightboard designed to accurately calculate time and vehicle speed from any video surveillance camera. This feature is designed to eliminate common errors that might occur during calculations based on frame rate. • Camera match overlay tool that provides margin of error reports based on scanner, calibration, and resolution accuracy (e.g., a margin of error of +0.5 feet) for data collected from footage. Axon Justice • Productivity tool for prosecutors and defense attorneys • Streamlined evidence management • Unlimited Auto -Transcribe for audio and video • Discovery workflows, fully integrated with Axon Evidence services • Axon Evidence conversion and playback tools for third -party video, including body -worn, in -car, interview room, and CCTV video • Chain of custody reports with extensive audit trail • Free sharing with partners • Customer -defined data retention policies Axon Customer Support • Online and email -based support available 24/7 • Human phone -based support available Monday—Friday 7:00 AM -5:00 PM MST; support is located in Scottsdale, AZ, USA • Library of webinars available 24/7 • Remote -location troubleshooting L� AXON Axon Brand Model Numbers 1. Axon Body 3 Camera Model: 73202 2. Axon Flex 2 Cameras: • Axon Flex 2 Camera (online) Model: 11528 • Axon Flex 2 Camera (offline) Model: 11529 3. Axon Flex 2 Controller Model: 11532 4. Axon Flex 2 USB Sync Cable Model: 11534 /0>'on I ir'it(,'rpn„ e Inc /O:non �b,oulr e I eft r Version 42 I ,'its !:"' Page 87 of 1276 lD�lq A X a 5. Axon Flex 2 Coiled Cable, Straight to Right Angle, 48" (1.2 m) 6. Axon Flex 2 Camera Mounts: • Oakley Flak Jacket Kit Model: 11544 • Collar Mount Model: 11545 • Oakley Clip Model: 11554 • Epaulette Mount Model: 11546 • Ballcap Mount Model: 11547 • Ballistic Vest Mount Model: 11555 7. Universal Helmet Mount Model: 11548 8. Axon Air System with Axon Evidence (Evidence.com) 5 -Year License Model: 12332 9. Axon Body 2 Camera Model: 74001 10. Axon Body 2 Camera Mounts: • Axon RapidLock Velcro Mount Model: 74054 11. Axon Flex 2 Controller, Axon Body 2 Camera, and Axon Body 3 Camera Mounts: • Z -Bracket, Men's, Axon RapidLock Model: 74018 • Z -Bracket, Women's Axon RapidLock Model: 74019 • Magnet, Flexible, Axon RapidLock Model: 74020 • Magnet, Outerwear, Axon RapidLock Model: 74021 • Small Pocket, 4" (10.1 cm), Axon RapidLock Model: 74022 • Large Pocket, 6" (15.2 cm), Axon RapidLock Model: 74023 • MOLLE Mount, Single, Axon RapidLock Model: 11507 • MOLLE Mount, Double, Axon RapidLock Model: 11508 • Mini MOLLE Mount, Axon RapidLock Model: 11703 • Belt Clip Mount, Axon RapidLock Model: 11509 12. Axon Fleet Camera • Axon Fleet 2 Front Camera: 71079 • Axon Fleet 2 Front Camera Mount: 71080 • Axon Fleet 2 Rear Camera: 71081 • Axon Fleet 2 Rear Camera Controller: 71082 • Axon Fleet 2 Rear Camera Controller Mount: 71083 • Axon Fleet Battery System: 74024 • Axon Fleet Bluetooth Dongle: 74027 • Axon Fleet 3 Dual View Camera: 72000 • Axon Fleet 3 Interior Camera: 72037 • Axon Fleet Hub: 72010 13. Axon Signal Unit Model: 70112 14. Axon Dock Models: • Axon Dock — Individual Bay and Core for Axon Flex 2 • Axon Dock — 6 -Bay and Core for Axon Flex 2 • Individual Bay for Axon Flex 2 Model: 11538 /0>'on I ir17(, rpr„ e II o /O:non �b,oulr e I eft r Version 42 Flage 10 Page 88 of 1276 lD�lq o X a • Core (compatible with all Individual Bays and 6 -Bays) Model: 70027 • Wall Mount Bracket Assembly for Axon Dock: 70033 • Axon Dock — Individual Bay and Core for Axon Body 2 and Axon Fleet Model 74009 • Axon Dock — 6 -Bay and Core for Axon Body 2 and Axon Fleet Model 74008 • Individual Bay for Axon Body 2 and Axon Fleet Model: 74011 15. Axon Signal Performance Power Magazine (SPPM) Model: 70116 16. Axon Investigate Standard Seat License Package, 1 -Year Renewal Model: 8025 Axon Product Packages 1. Officer Safety Plan: Includes an X2 or X26P energy weapon, Axon camera and Dock upgrade, and Axon Evidence license and storage. See your Sales Representative for further details and Model numbers. 2. Officer Safety Plan 7: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Dock, Axon Camera and Dock upgrade, Axon Evidence (Evidence.com) licenses and storage, Axon Aware, and Axon Records Core. 3. Officer Safety Plan 7 Plus: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Aware +, Axon Auto -Tagging Services, Axon Performance, Axon Citizen for Communities, Axon Redaction Assistant, and Axon Signal Sidearm. 4. Officer Safety Plan 7 Plus Premium: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Aware +, Axon Auto -Tagging Services, Axon Performance, Axon Citizen for Communities, Axon Redaction Assistant, Axon Signal Sidearm, Axon Auto -Transcribe, Axon VR Training, and unlimited first -party and unlimited third -party storage. 5. TASER 7 Basic: Pays for TASER 7 program in installments over 5 years including access to Axon Evidence services for energy weapon program management. 6. TASER Assurance Plan (TAP): Hardware extended warranty coverage, Spare Products, and Upgrade Models available for the X2 and X26P energy weapons, and the TASER CAM HD recorder. (The TAP is available only through Axon Enterprise, Inc.) 7. TASER 7 Certification: Pays for TASER 7 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges and online training content. 8. TASER Certification Add -On: Allows the agency to pay an annual fee to receive an annual allotment of training cartridges, unlimited duty cartridges and online training content. 9. TASER 7 Certification with Virtual Reality (VR): Pays for the TASER 7 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges, online training content, and VR training. 10. TASER 60: Pays for X2 and X26P energy weapons and Spare Products in installments over 5 years. /0>'on I ince, rjprl„ e II o /O:non �b,oulr e I edit, r Version 42 I +'ie 11 Page 89 of 1276 lD�lq o X a 11. Unlimited Cartridge Plan: Allows the agency to pay an annual fee to receive annual training cartridges, unlimited duty cartridges and unlimited batteries for the X2 and X26P. 12. TASER 60 Unlimited: Pays for X2 and X26P energy weapons and Spare Products in installments over 5 years and receive unlimited cartridges and batteries. 13. TASER 7 Close Quarters Dock Plan: Pays for TASER 7 Close Quarters Plan over a 5 - year period in installments including access to Evidence.com for energy weapon program management, rechargeable batteries, annual cartridge shipments, unlimited duty cartridges, and access to online training. 14. Axon Core: Pays for the TASER 7 CQ, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, and auto tagging. 15. Axon Core+: Pays for the TASER 7 energy weapon, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, and auto tagging. 16. Corrections Officer Safety Plan: Includes a TASER 7 energy weapon, Axon Body 3 Camera, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage. 17. Corrections Post OSP: Includes one TASER 7 energy weapon for every two licenses, one Axon Body 3 Camera for every two licenses, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage for each license. SOLE AUTHORIZED DISTRIBUTOR FOR SOLE AUTHORIZED REPAIR FACILITY AXON BRAND PRODUCTS FOR AXON BRAND PRODUCTS Axon Enterprise, Inc. Axon Enterprise, Inc. 17800 N. 85th Street, Scottsdale, AZ 85255 17800 N. 85th Street, Scottsdale, AZ 85255 Phone: 480-905-2000 or 800-978-2737 Phone: 480-905-2000 or 800-978-2737 Fax: 480-991-0791 Fax: 480-991-0791 Please contact your local Axon sales representative or call us at 1-800-978-2737 with any questions. Sincerely, Josh Isner Chief Operating Officer Axon Enterprise, Inc. Android is a trademark of Google, Inc., Bluetooth is a trademark of the Bluetooth SIG, Flak Jacket is a trademark of Oakley, Inc, Pod Touch is a trademark of Apple Inc, iOS is a trademark of Cisco, LTE is a trademark of the European Telecommunications Standards Institute, Shoei is a trademark of Shoei Co., Ltd., VELCRO is a trademark of Velcro Industries, B.V., and Wi-Fi is a trademark of the Wi-Fi Alliance. ,, /SAXON, Axon, Axon Body, Axon Evidence, Axon Fleet, Axon Flex, Axon Interview, Axon Records, Axon Respond, /0>'on I i'IN"rprl„ e II o /O:non �b,oulr e I e tF, r Version 42 i+' e 1 Page 90 of 1276 lD�lq o X a Axon Signal, Axon Standards, X2, X26P, TASER 7, and TASER are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visit www.axon.com/legal. All rights reserved. © 2022 Axon Enterprise, Inc. /0>'on I i'IN"rprl„ e II o /O:non �'ole �,oulr e I e t, r Version 42 I„ e 1 �:"" Page 91 of 1276 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 Q-417452-44818.621DB y Quote Expiration: 10/15/2022 Account Number: 111065 Payment Terms: N30 Delivery Method: SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Delivery -2100 High Ridge Rd Boynton Beach Police Dept. - FL Daniel Blair Karl Maracotta 2100 High Ridge Rd PO Box 310 Phone Phone: (954) 828-5643 Boynton Beach, FL 33426-8820 Boynton Beach, FL 33425-0310 Email: dblair@axon.com Email: maracottak@bbfl.us USA USA Fax Fax: (561) 742-6185 Email: Quote Summary Discount Summary Program Length 6.5484 Months Average Savings Per Year $0.00 TOTAL COST $62,256.74 TOTAL SAVINGS $0.00 ESTIMATED TOTAL W/ TAX $62,256.74 Payment Summary Date Subtotal Tax Total Sep 2022 $62,256.74 $0.00 $62,256.74 Total $62,256.74 $0.00 $62,256.74 Page 1 Q-417452-44818.621DB Page 92 of 1276 Quote List Price: $62,256.74 Quote Subtotal: $62,256.74 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Page 2 Page 93 of 1276 Q-417452-44818.621DB Delivery Schedule Software Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 80496 EXT WARRANTY, BODY 3 CAMERA 160 04/15/2022 10/31/2022 A la Carte 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 14 04/15/2022 10/31/2022 Page 3 Q-417452-44818.621DB Page 94 of 1276 Payment Details Page 4 Q-417452-44818.621DB Page 95 of 1276 Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Master Services and Purchasing Agreement: ACEIP: Axon Enterprise Inc. Sales Terms and Conditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de -identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Page 5 Q-417452-44818.621DB Page 96 of 1276 Signature 9/14/2022 Date Signed Page 6 Q-417452-44818.621DB Page 97 of 1276 6.C. Consent Agenda 9/22/2022 Requested Action by Commission: Legal Expenses - July 2022 - Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received through Risk Management are also included. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: N/a Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 98 of 1276 Type Description D AttacftrTIENI'lt C:.,)oir'E)l['I CE)rof Doody & Ezirtfl J Ully 2022 1nm)iCE,S D A ttac lh rTIE) II'l t C:.,)oir'E)l['I ChE)rof Doody & Ezirtfl J Ully 2022 Risk I itigatioin Oversight 11111Aa)iC)S D AttacNrTIENI'lt Johinsoin AIIISE)�iryw..) Shairoin IF:::a" ird vs Cf &B JLJI�y 2022 II111M)iCE) D AttacNrTIENI'lt Ods & StE)�PhENIIS Sirnith w; Flo�iCE) OffiCE)rs I IE)riny JLJI�y 2022 1111M)iCE) D AttacftrTIENI'lt Johinsoin Ir a: iryx..) E statE) Of lD aAS J Ully 2022 Marir'E)ro & Wydblir' Sirnith w; FloiCE) OffiCE)rs JLJI�y D AttacNrTIENI'lt 2022 D AttacNrTIENI'lt Johinsoin Ir a: iryx..) COBB adv, L.YthrylatElBakEIiry J Ully 2022 D AttacftrTIENI'lt J0111 )S l:::::C)StE)ir' Tbwn S6: Uiair'E) itigatioin JLJI�y 2022 D AttacftrTIENI'lt RobE)rts IRE)Yindds Sirnith vs Flo�iCE) OffiCE)rs Sohin J Ully 2022 Page 99 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (964) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9001821 Boynton Beach FL 33435 STATEMENT NO: 43080 Attn: Lynn Swanson General Matters HOURS 07/01/2022 QEM Review and respond to email correspondence from Mr. Ignoffo re: background checks. 0.20 MDC review emails on pending matters, continue reviewing agenda for 715 meeting 0.40 SMS Correspondence on survey of property. 0.30 07/05/2022 MDC review emails and mise calls with Lynn Swanson on pending matters, budget hearings; continue reviewing items for 7112 budget and 7/19 review materials for budget workshop; misc meetings and review of meeting; review and respond to inquiries regarding release of surety bonds; agenda; prepare for and attend Commission meeting 7.70 QEM Review and evaluation of Request for Publishing for WH22-048 - Annual SMS Review of information provided on Land Swap and correspondence with the Supply of Pipe Fittings and Accessories; respond to staff re: matter. 1.40 QEM Review and evaluation of Request for Publishing for WH22-047 - Annual QEM Preparation for and discuss with Mr. Ignoffo the Public Arts Vendor Supply of Pipe Fittings and Accessories; respond to staff re: matter. 1.60 QEM Review and evaluation of the Volen Program ability to administer their own Ignoffo Level I1 Background Checks; respond to staff re: matter. 0.80 07/06/2022 MDC Call with Jim Stables on Fire Explorer Program, call with Lynn Swanson on budget hearing matters; review millage item for 7112 meeting, review agenda items for 7119 meeting 1.90 SMS Discussion on Quantum park properties and surveys. 0.30 HN Phone discussion with SHB regarding Cherry Hill market special magistrate hearing in July. 0.20 07/07/2022 MDC review and respond to emails on code matters (200 Knuth Road), call with Adam Temple on BTR matters; meet with Jim Stables on pending matters, budget hearings; continue reviewing items for 7112 budget and 7/19 meeting; review and respond to inquiries regarding release of surety bonds; review purchasing matters 4.10 SMS Review of information provided on Land Swap and correspondence with the County. 1.40 QEM Preparation for and discuss with Mr. Ignoffo the Public Arts Vendor application; preparation of edits to document and transmit edits to Mr. Ignoffo 2.00 HN Review of Section 162.07(3), and (4), Florida Statutes to determine if what tenant is asking for is permitted by the statute. Westlaw search of Section 162.07(3), and whether "fundamental due process" is expressly defined. Drafted email to Steven Grant and emailed to MDC and SHB for review. Review of email from MDC. 1.50 BJS Review and follow up re: Pending Matters/Evidence and return of property -; issues 0.30 Page 100 of 6 Page: 2 CITY OF BOYNTON BEACH 08/0312022 ACCOUNT NO: 306-9001821 STATEMENT NO: 43080 General Matters SHB Cherry Hill - follow up re: chronic nuisance agreement; discuss hearing and attorney matters with HN. 07/08/2022 MDC review materials for budget workshop and misc calls with Lynn Swanson on HOURS 0.40 07/13/2022 MDC review materials for budget workshop, review status of Hypoluxo ILA and provide information to staff, attend budget workshop 4.90 GB Assisted MDC in preparing for presentation for budget hearing. 0.50 QEM Review and evaluation of Bid - Sod and Sod Installation Service for Southeast Florida Governmental Purchasing Cooperative Group; correspond and follow-up with staff re: matter. 1.70 SHB Attend monthly chronic nuisance meeting. Prepare for Cherry Hill nuisance hearing. Attend budge meeting. 2.70 07/14/2022 QEM Review and evaluation of—AtoZdatabases - Subscription Agreement; respond to staff re: matter. 1.90 QEM Review and evaluation of ProQuest Agreement; respond to staff re: matter. 1.90 MDC review and respond to emails on Hypoluxo ILA, review inquiries on donations (school supplies) 0.40 SMS Review of Waiver of Right of First Refusal and Satisfaction documents; Correspondence related to Procurement documents; Review of correspondence related to height for P & D Board item. 0.60 07/15/2022 QEM Research and review of law re: ban from public meetings. 3.30 MDC review agenda and materials for 7119122 meeting, mise meetings at City Hall on pending matters 3.00 SMS Conference call to discuss mitigation of Intracoastal Park and review of documents; Review of documents related to Quantum Park Dependent District. 1.30 Page 101 of 1276 comments on agenda materials, review employment letter, review agenda items for 7119 meeting 1.60 HN Email exchange with MDC and SHB re: email to Steven Grant. Email to Steven Grant, 0.30 QEM Telephone conference with Mr. Young re: Volen Agreement. 0.30 DS Researched residential tenant protections enacted through out the state. 1.00 QEM Review of email correspondence from staff re: Arts Agreement 0.20 BJS Telephone call with Lynn Swanson and follow up re: Evidence/Property Room and pending matters 0.40 SMS Discussion on Land Swap and necessary documents. 0.30 JFK review public record request; conference with MDC 0,30 07/0912022 MDC review materials for budget hearings 0.30 07/11/2022 MDC review materials, prepare for and attend budget workshop, review items for 7119 agenda 8.90 SMS Correspondence related to building department memos. 0.30 07/12/2022 MDC review agenda items for 7/19 meeting; attend second day of budget workshop meeting 7.90 SMS Review of Lakeside Gardens Grant Agreement and procurement documents for federally and state required contract provisions. 1.00 QEM Review and discuss status of Public Arts Vendor application with Mr. Cirullo and Ms. Swanson and steps needed to finalize matter. 0.40 JFK research re: public records matter; correspondence with Lynn Swanson 1.10 07/13/2022 MDC review materials for budget workshop, review status of Hypoluxo ILA and provide information to staff, attend budget workshop 4.90 GB Assisted MDC in preparing for presentation for budget hearing. 0.50 QEM Review and evaluation of Bid - Sod and Sod Installation Service for Southeast Florida Governmental Purchasing Cooperative Group; correspond and follow-up with staff re: matter. 1.70 SHB Attend monthly chronic nuisance meeting. Prepare for Cherry Hill nuisance hearing. Attend budge meeting. 2.70 07/14/2022 QEM Review and evaluation of—AtoZdatabases - Subscription Agreement; respond to staff re: matter. 1.90 QEM Review and evaluation of ProQuest Agreement; respond to staff re: matter. 1.90 MDC review and respond to emails on Hypoluxo ILA, review inquiries on donations (school supplies) 0.40 SMS Review of Waiver of Right of First Refusal and Satisfaction documents; Correspondence related to Procurement documents; Review of correspondence related to height for P & D Board item. 0.60 07/15/2022 QEM Research and review of law re: ban from public meetings. 3.30 MDC review agenda and materials for 7119122 meeting, mise meetings at City Hall on pending matters 3.00 SMS Conference call to discuss mitigation of Intracoastal Park and review of documents; Review of documents related to Quantum Park Dependent District. 1.30 Page 101 of 1276 Page: 3 CITY OF BOYNTON BRACH 08/03/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 43080 General Matters HOURS SHB Chronic Nuisance - prepare for hearing. Receive and review updated evidence packet. Various correspondence and telephone conference with staff re: hearing date. Receive and review correspondence re: public records redaction; call to Seleica. 1.70 07/18/2022 MDC review emails on status of pending matters, mise follow up on tenant rights items; attend staff conference meeting, review emails and status of cherry hill hearing; review correspondence on pool incident; call with Andrew Mack re: Hypoluxo ILA; call with Hypoluxo attorney 1.60 SHB Various correspondence and telephone conference with Candice re: chronic nuisance matters. Discuss agenda matters with MDC and QEM. Follow up with Kathryn Matos re: trespass matters. Follow up re: school supply drive matters. 2.10 SMS Research on lien on Public Property and special assessments; Correspondence on memorandums related to building demolition. 2.00 07/19/2022 MDC review emails on agenda policy, review emails on traffic enforcement 3.20 SMS agreements and election resolutions; review materials, mist meetings at City Hall; prepare for and attend Commission meeting 6.70 JFK review public record request; correspondence & telephone call with Kari 0.20 MDC Grant @ Fire Dept re: record request response; 1.20 QEM Review and evaluation of correspondence from staff re: public arts vendor application, 0.70 QEM Meeting with Mr. Cirullo to discuss pending matters. 1.00 07/20/2022 MDC misc follow up from Commission meeting; review trespass issues; review and revise tenant notice and bill of rights ordinance 1.50 SHB Discuss pending matters with MDC. 0.20 SMS Research on special assessments for municipal property; Research on SB 4-D and associated definitions for building department. 2.30 07/21/2022 MDC review charter issue re: city manager authorities, review and revise tenant right ordinance, review agenda items, misc calls on Hypoluxo ILA 3.20 BJS Meeting with MDC and follow up re: Disposal of held property and telephone call with Capt. Kelley 0.80 07/22/2022 MDC review agenda items for 812 meeting; review emails on pending items, confer with Lynn Swanson on coverage while away, call with Shana Bridgeman on open items 2.40 SHB Discuss pending matters with MDC. Discuss pending matters with Lynn Swanson. Coordinate office hours. Review agenda items. 1.80 SMS Research on liening of public property and ability to assess government property; Review Affidavit Template of Lost Cemetery Deed and related correspondence and research; Review Cemetery Guidelines. 3.80 07/25/2022 SHB Review various correspondence re: PRR matters. Review and sign artist agreement. Office hours at City Hall. 3.20 SMS Revise Affidavit for Lost Cemetery Deed and review of Cemetery Guidelines. 0.90 JFK correspondence with Kori Grant 0.20 MDC Review of and respond to emails. 0.50 07/26/2022 SHB Discuss commission meeting matters with MDC and QEM. Telephone conference with Thuy Shutt re: PRR matters; follow up with MDC, 0.60 Page 102 of 1276 CITY OF BOYNTON BEACH General Matters Page: 4 08/03/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 43080 QEM Review and evaluation of multiple email correspondence re: prior commission meeting outcomes and agenda items for August 2 meeting. MDC Review and respond to emails. QEM Review and respond to staff re: creative bug subscription agreement inquiry. QEM Review of updates re: public arts vendor application documents; follow-up with Mr. Weiss and Mr. lgnoffo re: matter. 07/27/2022 QEM Review and correspond with Ms. Swanson re: contractor proposal for sponsorships for Kinetic on a commission basis. QEM Review of draft and status update for Tenant Notice and Bill of Rights Ordinance. MDC Review and respond to emails. QEM Review and evaluation of correspondence re: Utility Correspondence from Cindy Falco - Di Corrado; discuss with Ms. Swanson. SHB Review Chronic Nuisance Notice and send to Stone for review. 07/28/2022 MDC Review and respond to emails. HN Review of email exchange between Shana Bridgeman and Candice Stone re: chronic nuisance form notice. SMS Review Employment Agreements; Review/revise Agreement for Equifax and inclusion of required provisions, SHB Additional discussion, review, and revision fo chronic nuisance notice. 07/2912022 MDC Review and respond to emails. QEM Preparation for and telephone conference with Mayor; follow-up with staff and review of notes on issues raised. QEM Review of response to comments re: DocuSign: Creativebug 12 -month Subscription Order Form - Boynton Beach City Library FL QEM REview and respond to email from Ms. Pinto re: Professional Health Administrator. 07/31/2022 SHB Review request for litigation information and discuss with MDC. FOR CURRENT SERVICES RENDERED Photocopies TOTAL CURRENT WORK BALANCE DUE E 2.60 0.30 1.50 0.70 0.80 1.30 0.30 0.80 0.90 0.30 0.10 4.40 0.70 0.30 2.30 0.70 0.70 0.10 128.20 20,224.50 20,224.50 $20,224.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 103 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Special Fire Assessment ACCOUNT NO: STATEMENT NO: 07/0112022 MDC continue preparing preliminary assessment resolution 07/06/2022 MDC review agenda materials and provide comments regarding assessment rates and notice 07/13/2022 MDC review revised resolution 07/25/2022 MDC Review and comment on draft published notice. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 1.80 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-0005370 43077 HOURS 0.90 0.30 0.30 0.30 1.80 405.00 TOTAL $405.00 405.00 $405.00 z_ Page 104 Of, 76 IV GOREN, CHEROF, DOODY & EZROL, P,A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson LABOR - General ACCOUNT NO: STATEMENT NO: 07/01/2022 MDC review misc personnel matters with Shana Bridgeman 0.70 SMS Call to discuss creation of Florida Non -Profit and 501C3 0.20 SHB Discuss discipline and public records with MDC; research re: confidential records. Telephone conference with Julie Oldbury re: IA and various employment matters. 1.10 07/06/2022 SMS Conference call to discuss Fire Program and review. 0.30 MDC t/c with Chief DlGuilio on CBA matters, misc calls with Shana Bridgeman on pending labor matters and grievance process, and review related materials 1.20 07/07/2022 SMS Correspondence and call with Fire Department on Explorer Program. 0.20 07/08/2022 SHB Review pre -d and investigation documents; various correspondence and telephone conference with Danielle Goodrich. 0.70 07/12/2022 SHB Discuss IA and pre -d matters with MDC. Follow up re: Fitzgerald pre -d. 0.40 07/14/2022 SHB Discuss discipline matters with Julie Oldbury, 0.10 07/18/2022 SHB Telephone conference with Oldbury re: pending discipline matters; receive and review just cause analysis and follow up with Julie Oldbury. 1.50 07/19/2022 SHB Receive and review just cause revisions. Follow up with Chief DeGiulio. 0.50 07/20/2022 MDC Call with Shana Bridgeman on status of pending reviews, call with Julie Oldbury on city manager process 0.60 SHB Discuss various pending matters with MDC. Telephone conferences with Julie Oldbury re: discipline matters. Correspondence to Julie Oldbury re: availability for pre -d. Review Charter and Code re: authority of City Manager, discuss with MDC. 3.50 07/25/2022 SHB Attend pre -d conference at City Hall 3.00 07/26/2022 SHB Receive and review memo re: hiring process; follow up with MDC and QEM. 0.40 Page: 1 08103/2022 306-0603180 43078 07/27/2022 SHB Receive and review resignation letter; follow up with Oldbury. Receive and review discipline documents, various correspondence and calls with Julie Oldbury, 0.80 07128/2022 SHB Various correspondence and discussion re: just cause matters, follow up i with Julie Oldbury, Pgdg 105 of 1 6 CITY OF BOYNTON BEACH LABOR - General 07/29/2022 SHB Telephone conference with and correspondence with Brad Leitner re: criminal case, marsy, and PRR matters; update MDC. FOR CURRENT SERVICES RENDERED Page: 2 08/03/2022 ACCOUNT NO: 306-0603180 STATEMENT NO: 43078 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 2,50 $225.00 SEAN M. SWARTZ 0.70 225.00 SHANA H. BRIDGEMAN 13.00 225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.30 16.20 TOTAL $562.50 157.50 2,925.00 3,645.00 3,645.00 $3,645.00 Page 106 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Red Light Cameras ACCOUNT NO: STATEMENT NO: 07/1812022 SHB Receive and review inquiry re: Andrew Yonis ticket; follow up with PD re: backup documents. 0.30 PE Updated tracking log. Communicated with PD regarding violator return address. Organized. files in Varonis for 9/13/2022 hearing. 2.00 07/22/2022 PE Changed address on returned mail notices. Sent to SHB for approval. Made corrections. E -filed 2 notices. Sent to receptionist to print. 2.40 07/25/2022 PE Updated tracking log. Sort and organized subpoenas for 9/1312022. 1.40 07/29/2022 PE Sort organized and prepared 22 notices for 9/13/22 hearing. Looked up cases on the clerks website, Updated tracking log. Communicated with PD regarding violator address. 8.00 SHB Review and approve NOls. 0.50 FOR CURRENT SERVICES RENDERED 37.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 2.00 $225.00 $450.00 PATRICIA EUGENE 35.30 125.00 4,412.50 TOTAL CURRENT WORK Page: 1 08/03/2022 306-0806020 43079 -t, cwc. w 4,862.50 age 107 of 1276 HOURS 07/05/2022 PE Sort organized and prepared 23 notices for 8/9!2022 hearing. Contacted PD regarding violators address. 5.50 07/07/2022 SHB Review and approve NOls. 0.10 07/11/2022 PE Sorted subpoenas for 9/12/2022 hearing. Updated tracking log. Sort organized and prepared 30 pro se notices for 8/9/2022 hearing 3.40 07/12/2022 PE Sent prose notices to printer for mailing. Converted 30 notices to PDF/A and e -filed. 5.60 SHB Review and approve NOls. 0.50 07/15/2022 PE Sort organized and prepared 20 notices for 819/2022 hearing, converted to PDFIA sent prose notices to printer for mailing and e -filed. 7.00 SHB Review and approve NOLs. 0.60 07/1812022 SHB Receive and review inquiry re: Andrew Yonis ticket; follow up with PD re: backup documents. 0.30 PE Updated tracking log. Communicated with PD regarding violator return address. Organized. files in Varonis for 9/13/2022 hearing. 2.00 07/22/2022 PE Changed address on returned mail notices. Sent to SHB for approval. Made corrections. E -filed 2 notices. Sent to receptionist to print. 2.40 07/25/2022 PE Updated tracking log. Sort and organized subpoenas for 9/1312022. 1.40 07/29/2022 PE Sort organized and prepared 22 notices for 9/13/22 hearing. Looked up cases on the clerks website, Updated tracking log. Communicated with PD regarding violator address. 8.00 SHB Review and approve NOls. 0.50 FOR CURRENT SERVICES RENDERED 37.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 2.00 $225.00 $450.00 PATRICIA EUGENE 35.30 125.00 4,412.50 TOTAL CURRENT WORK Page: 1 08/03/2022 306-0806020 43079 -t, cwc. w 4,862.50 age 107 of 1276 Page: 2 CITY OF BOYNTON BEACH 08/03/2022 ACCOUNT NO: 306-0806020 STATEMENT NO: 43079 Red Light Cameras BALANCE DUE $4,862.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 108 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Bankruptcy ACCOUNT NO: STATEMENT NO: 07106/2022 KLE Email from Lynn Swanson re: Surplus owed for Tax Certificate 2804-2006, Sale Date 11/5/2008 (Maria Prows), research, review documents, email to Lynn Swanson FOR CURRENT SERVICES RENDERED TIMEKEEPER KERRY L. EZROL TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.70 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9304150 43081 HOURS 0.70 0.70 157.50 TOTAL $157.50 157.50 $157.50 q Page 109 of. 276 GOREN, CHEROF, DOODY & E,ZROL, 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 08/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9904950 Boynton Beach FL 33435 STATEMENT NO: 43082 Attn: Lynn Swanson Litigation Miscellaneous HOURS 07/0612022 MDC meet with Gal Betesh on pending cases and claims 0.40 GB Telephone conference call with City Clerk regarding subpoena duces tecum and documents responsive to subpoena. 0.10 07/08/2022 OEM Review and follow-up with Mr. Hochman re: status of Ultimate Bakery case. 0.60 07/11/2022 QEM Review of email correspondence from Mr. Hochman re: Ultimate Bakery Settlement proposal status, 0.20 07/13/2022 QEM Review and evaluation of response to settlement request for Ultimate Bakery; discuss with Mr. Cirullo; zoom conference with Mr. Hochman and staff re: matter, review of documents provided by Ultimate Bakery. 2.60 07/14/2022 QEM Review and evaluation of documents provided by staff and Mr. Hochman re: Ultimate Bakery contract and settlement. 0.80 07/1512022 MDC confer with Gal Betesh on status of pending litigation matters 0.40 07/18/2022 QEM Telephone call from Mr. Hochman re: Ultimate Bakery matter; follow-up with staff re: matter; review of response from staff. 0.80 07/19/2022 GB Emails with City regarding subpoenas for trial served on Fire Department. 0.10 QEM Review and evaluation of revised settlement offer send to counsel in Ultimate Bakery matter. 1.00 07/20/2022 GB Meeting with BJS regarding caselaw of transferring liability to adjacent land owner for tree routes on sidewalk. Email to City regarding case law on subject. 0,50 07/26/2022 QEM Review and evaluation of correspondence re: Ultimate Bakery matter; respond to staff re: prr inquiry. 1.60 07/27/2022 QEM Review of follow-up correspondence re: Ultimate Bakery PRR. 0.50 FOR CURRENT SERVICES RENDERED 9.60 2,160.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.80 $225.00 $180.00 QUENTIN E. MORGAN 8.10 225.00 1,822.50 'a GAL BETESH 0.70 225.00 157.50 Page 110 of 76 Page: 2 CITY OF BOYNTON BEACH 08/03/2022 ACCOUNT NO: 306-9904950 STATEMENT NO: 43082 Litigation Miscellaneous TOTAL CURRENT WORK BALANCE DUE 2,160.00 $2,160,00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 111 of 1276 GOREN, CHEROF, DOODY & E2.ROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Colonial Estates Utility System 07/11/2022 SMS Draft Water Service Agreements and POA and review of property. 07/26/2022 SMS Correspondence and discussion on Agreements and final costs. FOR CURRENT SERVICES RENDERED TIMEKEEPER SEAN M. SWARTZ TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 3.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9905307 43085 HOURS 2.60 0.70 3.30 742.50 TOTAL $742.50 742.50 $742.50 Page 112 ofk"21"76 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Mangrove Park - Lease from St. Mark's 07/15/2022 MDC Update counsel for diocese on status of city review ACCOUNT NO: STATEMENT NO: 07/19/2022 MDC confirm status of proposals for surveys and update counsel for Diocese FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9905412 43090 HOURS 0.20 0.20 0.40 90.00 TOTAL $90.00 90.00 $90.00 r� Page 113 of,_ 76 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson V. Goldberg, Howard (Risk Protection Order) ACCOUNT NO STATEMENT NO 07/25/2022 GB Prepared for hearing on Motion to Extend RPO by reviewing file and statute. 07/26/2022 SHB Prepare stipulation and agreed order. Transmit to Det. Gorfido, 07/27/2022 SHB Various correspondence with Gorfido re: Det. Goldberg Motion to Extend. GB Emails with SHB regarding upcoming Motion to Extend RPO hearing. Ernails with Detective Gorfido regarding upcoming Motion to Extend RPO hearing. 07/28/2022 GB Prepared for and participated in telephone conference call with SHB regarding upcoming hearing. Began drafting questions for hearing. 07/2912022 GB Telephone conference call with Detective Gorfido in preparation for motion for extension hearing. Prepared for Motion. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 7.00 $225.00 0.90 225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9905420 43091 HOURS 1.20 0.60 0.30 0.30 2.60 2.90 7.90 1,777.50 TOTAL $1,575.00 202.50 1,777.50 $1,777.50 Page 114 o.-276 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 0810312022 100 E. Ocean Avenue ACCOUNT NO: 306-9905432 Boynton Beach FL 33435 STATEMENT NO: 43093 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) HOURS 07/07/2022 KLE Review Orders from the Court re: compensation and confirmation 0.40 07/15/2022 HN Review of order from bankruptcy court, Review of email from Kerry Ezrol to Chief Stables. Email exchange with Shana Bridgeman as to the chronic nuisance conditions of the subject property.Review of email from Shana Bridgeman to code staff. 0.60 KLE Email to Chief Stables re: confirmation order and requirements 0.20 SHB Various correspondence and discussion with HN and Code re: bankruptcy settlement. 0.70 07/18/2022 HN Review of email from Tanya Guim re: to payment in compliance with settlement. Review of email from SHB. 0.20 SHB Telephone conference with Tanya Guim re: payments received from Laurore; receive and review correspondence re: payment. Update KLE and HN. 0.50 KLE Email from Tanya Guim, email to Aaron Wernick re: monthly payment, review documents 0.40 07/21/2022 KLE Email from and to Aaron Wernick re: monthly payments 0.20 07/26/2022 KLE Email to Tanya Guim and others re: monthly payments per plan, review documents, 0.30 FOR CURRENT SERVICES RENDERED 3.50 787.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KERRY L. EZROL 1.50 $225.00 $337.50 HEATHER NEEDELMAN 0,80 225.00 180.00 SHANA H. BRIDGEMAN 1.20 225.00 270.00 TOTAL CURRENT WORK 787.50 BALANCE DUE $787.50 f AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 1154 f 1276 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 08/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905433 Boynton Beach FL 33435 STATEMENT NO: 43094 Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) 07/15/2022 HN Edits to response to third motion for extension. Research on westlaw as to whether a writ of possession is required after taking title through a foreclosure. Edits to motion for writ of possession and 3 day notice. Email to MDC with legal analysis and drafts. 2.40 07/19/2022 HN Meeting with MDC to discussion motion for writ of possession. Phone discussion with Adam Temple Edits to 3 day notice. Research as to writ of possessions pending appeal of foreclosure judgment. Research as to amount of days notice if required before filing motion for writ of possession. Phone discussion with John Kuntzman. 2.50 07/22/2022 HN Review of order from 4th DCA granting appellant's motion for extension of HOURS 07/06/2022 HN Drafted summary of status of case and emailed it to MDC. 0.50 07/08/2022 HN Email discussion with MDC. Phone discussion with Wing Ho. Email to Wing writ of possession. Edits to motion for writ of possession. Phone discussion Ho and Karen Ho cc MDC. 0.30 07112/2022 HN Review of docket as to whether Karen and Wing Ho filed their initial brief. 0.20 HN Review of motion for extension of time, review of status of case and review 2.30 SHB Discuss case matters with HN. of docket. 0.20 07/13/2022 HN Email to GB with list of final judgments in the past year. Drafted response in 0.10 SHB Review and revise writ; follow up with HN. objection to motion for extension of time. Research on westlaw relating to 0.10 FOR CURRENT SERVICES RENDERED "good cause" standard. 1.30 07/14/2022 MDC review and revise draft response to motion for extension of time 0.30 07/15/2022 HN Edits to response to third motion for extension. Research on westlaw as to whether a writ of possession is required after taking title through a foreclosure. Edits to motion for writ of possession and 3 day notice. Email to MDC with legal analysis and drafts. 2.40 07/19/2022 HN Meeting with MDC to discussion motion for writ of possession. Phone discussion with Adam Temple Edits to 3 day notice. Research as to writ of possessions pending appeal of foreclosure judgment. Research as to amount of days notice if required before filing motion for writ of possession. Phone discussion with John Kuntzman. 2.50 07/22/2022 HN Review of order from 4th DCA granting appellant's motion for extension of time. 0.10 07/26/2022 HN Research and review of case law relating to changing locks before getting a writ of possession. Edits to motion for writ of possession. Phone discussion with Shana Bridgeman. Email to Shana Bridgeman with draft motion and exhibit. 2.30 SHB Discuss case matters with HN. 0.20 07/28/2022 HN Follow up email to SHB re: motion for writ of possession. 0.10 SHB Review and revise writ; follow up with HN. 0.10 FOR CURRENT SERVICES RENDERED 10.50 2,362.50 b", Page 116 of 1276 Page: 2 CITY OF BOYNTON BEACH 08/03/2022 ACCOUNT NO: 306-9905433 STATEMENT NO: 43094 v. Ho, Benjamin and Karen (Code/Foreclosure) RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULI_.O 0.30 $225.00 $67.50 HEATHER NEEDELMAN 9.90 225,00 2,227.50 SHANA H. BRIDGEMAN 0.30 225.00 67.50 TOTAL CURRENT WORK 2,362.50 BALANCE DUE $2,362.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 117 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Priority Towing ACCOUNT NO: STATEMENT NO: 07/12/2022 GB Attended hearing on Plaintiffs Motion to Continue. Emails with opposing counsel regarding Judge's ruling. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.60 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9905456 43096 HOURS 0.60 0.60 135.00 TOTAL $135.00 135.00 $135.00 P Page 118 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Bamboo/Palmer Special Assessment ACCOUNT NO: STATEMENT NO: 07128/2022 DS Reviewed bamboo/palmer property owner status of connection. Drafted email to P. Kellner re: status update. Discussed connection with Nigel Development. FOR CURRENT SERVICES RENDERED TIMEKEEPER DANIELLE SCHWABE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.80 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9905495 43098 HOURS 0.80 0.80 180.00 TOTAL $180.00 180,00 $180.00 Page 119 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Sterling Village Condominium (Duperault, Don) 07/05/2022 HN Review of status of case and inquiry as to whether sterling land trust has hired counsel, FOR CURRENT SERVICES RENDERED TIMEKEEPER HEATHER NEEDELMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9905512 43099 HOURS 0.20 0.20 45.00 TOTAL $45.00 45.00 $45.00 Page 11 0 of 1276 GOREN, CHEROF, DOODY & E,ZROL, 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 08/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905525 Boynton Beach FL 33436 STATEMENT NO: 43100 Attn: Lynn Swanson v. JKM BTS Capital, LLC (Declaratory Action) Photocopies 07/18/2022 Prestige Reporting Service 867,50 Depo 867.50 TOTAL ADVANCES THRU 07/31/2022 TOTAL CURRENT WORK 2,015.00 age 121 of 1276 HOURS 07/05/2022 MDC review materials, misc preparation for closed door session; attend closed door session 2.30 GB Received and reviewed Notice of Deposition for JKM. 0.10 07106/2022 GB Meeting with MDC regarding case status and deposition. 0.20 07/07/2022 MDC misc telephone calls and meetings on status of mediation and related matters 1.10 07/15/2022 MDC confer with Jim Stables and Andrew Mack, call with Tom Baird 0.30 07/19/2022 MDC Telephone conference call with Torn Baird 0.30 07/2012022 MDC Telephone conference call with Tom Baird, Mayor and Jim Stables re: status of case 0.30 07/22/2022 MDC review correspondence on status of case, correspond with Tom Baird, confer with Interim City Manager 0.50 FOR CURRENT SERVICES RENDERED 5.10 1,147.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE_ TOTAL MICHAEL D. CIRULLO 4.80 $225.00 $1,080.00 GAL BETESH 0.30 225.00 67.50 Photocopies 07/18/2022 Prestige Reporting Service 867,50 Depo 867.50 TOTAL ADVANCES THRU 07/31/2022 TOTAL CURRENT WORK 2,015.00 age 121 of 1276 Page: 2 CITY OF BOYNTON BEACH 08/03/2022 ACCOUNT NO: 306-9905525 STATEMENT NO: 43100 v. JKM BTS Capital, LLC (Declaratory Action) BALANCE DUE $2,015.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 122 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Canal Maintenance Special Assessment 07/01/2022 ACCOUNT NO: STATEMENT NO: MDC revise preliminary resolution and forward to Lynn Swanson to format and prepare for agenda; review updated information from Angela Prymas and confirm rates FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO TOTAL CURRENT WORK I_1W.110IN]91-pill A RECAPITULATION HOURS HOURLY RATE 1.00 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9905552 43102 HOURS 1.00 1.00 225.00 TOTAL $225.00 225.00 $225.00 Pa,je 123 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) 07/01/2022 HN Review of 11th circuit court order dismissing case. 0.20 07/06/2022 HN Drafted summary of status of case and emailed to MDC. 0.50 07/12/2022 HN Review of Appellant's brief and record on appeal. Emails to MDC and GB. Review of motion for reinstatement of case. Phone discussion with John Kuntzman. Phone discussion with Adam Temple. 2.20 07/13/2022 MDC Review status of appeal, motion to reinstate, review draft response to M/Reinstate appeal 0.50 HN Review of 11th Circuit Rule 42-2(e). Email to MDC cc GB. Drafted response to motion for reinstatement. Legal research on westlaw as to what circumstances are considered a showing of "extraordinary circumstances," Email to MDC cc GB with draft response. Edits based on MDC review. 2.50 0711412022 CLD Draft Response to Motion for Reinstatement with C1P. 0.40 07/1512022 HN Review of appellant's brief. 1.00 07/2212022 HN Review of 11 th Circuit Court docket and review of 11 th Cir. R. 42-2. 0.30 07/27/2022 HN Review of 11th Cir. Rule 42-2(e). Email cc to MDC. 0.20 07/28/2022 HN Review of court's order on Appellant's motion for reinstatement. Review of deadlines for appellee's brief. 0.20 07/29/2022 CLD Prepared a draft template for City's Answer Brief since court's reinstatement. 0.40 HN Review of Appellant's brief and started drafting the City's reply brief, 3.40 FOR CURRENT SERVICES RENDERED 11.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.50 $225.00 $112.50 HEATHER NEEDELMAN 10.50 225.00 2,362.50 CYNTHIA L. DUNN 0.80 125.00 100.00 Page: 1 08/03/2022 306-9905567 43104 L,J( iJ,VV TOTAL CURRENT WORK 2,575.00 i� age 124 of 1276 Page: 2 CITY OF BOYNTON BEACH 08/03/2022 ACCOUNT NO: 306-9905567 STATEMENT NO: 43104 adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) BALANCE DUE $2,575.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 125 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Wilmington Savings Fund (Denson, Gracie) 07/1112022 HN Review of status of case and voluntary dismissal. SHB Receive and review Notice of Voiuntary Dismissal. FOR CURRENT SERVICES RENDERED TIMEKEEPER HEATHER NEEDELMAN SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 0.10 225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.30 0.10 0.40 TOTAL $67.50 22.50 Page: 1 08/03/2022 306-9905581 43105 'M $90.00 Page 26 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. VGH Association, Inc. (Nelson, Meltem E.) ACCOUNT NO STATEMENT NO 07/18/2022 HN Review of docket and email follow up to Plaintiffs attorney. Review of email from Plaintiffs attorney. FOR CURRENT SERVICES RENDERED TIMEKEEPER HEATHER NEEDELMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9905618 43108 HOURS 0.20 0.20 45.00 TOTAL $45.00 45.00 $45.00 Page 127 of 1276 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 08/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905631 Boynton Beach FL 33435 STATEMENT NO: 43109 Attn: Lynn Swanson Indoor Training Facility (PPP) HOURS 07/05/2022 SMS Review/revise/Draft Indoor Training Facility ground lease. 2.50 07/07/2022 SMS Call with Jim Stables and correspondence related to additional docs. 0.30 07/08/2022 SMS Cali, discussion, and review of minutes on City Commission awareness and public comments. 0.30 07/28/2022 SMS Review Agreement for meeting with staff, meeting with staff, and revisions to Agreement. 1.20 FOR CURRENT SERVICES RENDERED 4.30 967.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 4.30 $225.00 $967.50 TOTAL CURRENT WORK 967.50 BALANCE DUE $967.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE y Page 128 01276 .A 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 08/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905637 Boynton Beach FL 33435 STATEMENT NO: 43111 Attn: Lynn Swanson adv. Quantum Park POA - Robert Furr, Trustee (Bankruptcy) 16111W 07/05/2022 KLE Review Adversary proceeding and conference with Gal Betesh 1.40 GB Received and reviewed Complaint. Telephone conference call with City regarding Complaint. Reviewed documents related to Quantum Park from the City. Telephone conference calls with KLE regarding Complaint. Legal research regarding claims made in Complaint. 2.00 07/06/2022 GB Continued reviewing Complaint and conducting legal research regarding allegations in Complaint. Meeting with KLE regarding allegations in Complaint. 2.00 KLE Review Adversary proceeding and conference with Gal Betesh, review backup documents from Lynn Swanson 1.60 07114/2022 KLE Review documents, conference with Gal Betesh, review and revise Motion for Extension of Time to Respond to Complaint, telephone conference with opposing counsel; review letter from Co -Defendant Children's Services Council 1.80 GB Drafted Motion for Extension of Time to Respond to Complaint. Legal research bankruptcy rules regarding extension of time. Telephone conference call with KLE regarding extension of time to respond to Complaint. Email to opposing counsel regarding extension. Telephone conference call with opposing counsel and KLE regarding case. 2.10 07/1512022 GB Received and reviewed emails and documents from City gathered in an attempt to ascertain whether the City paid assessments to the Debtor. Reviewed Complaint, By Laws, Declaration and Articles to understand the owner's responsibility to pay assessments. Email to KLE regarding review and analysis. Telephone conference call with KLE regarding Complaint. Reviewed minutes from city commission meetings to ascertain whether assessments were paid. 2.60 KLE Review documents, conference with Gal Betesh, emails from and to Lynn Swanson, conference with Sean M. Swartz 1.30 CLD Drafted Order on City's Unopposed Motion for Extension; a -filed Motion; uploaded proposed Order. 0.80 07/18/2022 GB Received and reviewed documents evidencing payments by City to Debtor in attempt to answer Plaintiffs counsel question of whether City paid Debtor assessments. 0.30 KLE Review Answers filed by Davco Electrical Contractors Corp and HVG Enterprises, LLC 0.30 a r`4 07/19/2022 GB Telephone conference call with KLE regarding Order on City's Motion for Page 129 of 12 s Page: 2 CITY OF BOYNTON BEACH 08/03/2022 ACCOUNT NO: 306-9905637 STATEMENT NO: 43111 adv. Quantum Park POA - Robert Furr, Trustee (Bankruptcy) HOURS Extension of Time to Respond to the Complaint. Reviewed guidelines for drafting orders for Agreed Order Granting Motion for Extension of Time to Respond to the Complaint. 0.30 GB Meeting with Defendants. 1.30 KLE Review and revise Order on Motion for extension of time, conference with Cindy Dunn and Gal Betesh, review various notices of appearance and motions to extend time 0.80 07/20/2022 KLE Review email from Malinda Hayes re: potential representation and acreage analysis; review various Notices of appearance and Motions 0.80 CLD Research and register with outside service company; cause Certificate of Service issuance for court order granting M/Extension. 1.00 GB Emails with KLE Regarding meeting with Defendants. Emails with attorney Malinda Hayes regarding meeting with Defendants. 0.40 07/21/2022 KLE Review email from Malinda Hayes with email and documents from Plaintiff re: Assessment Fees by Acreage and Lot Numbers - Updated Proportionate Liability, review notices of appearance and motions, stipulations, etc, 0.80 GB Received and reviewed emalls from Malinda Hayes regarding estimate of the balances due by City to Plaintiff. Emails with Malinda Hayes regarding estimate of the balances due by Defendants to Plaintiff. Email to KLE regarding estimate of the balances due by City to Plaintiff. 0.50 07/22/2022 KLE Review Motions and notices, 0.40 07/25/2022 GB Legal research regarding Plaintiffs claims. 1.00 KLE Review Motions, Orders, Notice of appearance, 0.60 07/26/2022 GB Prepared and participated in telephone conference call with KLE and Malinda Hayes regarding lawsuit. Telephone conference call with opposing counsel regarding possible settlement. Meeting with KLE regarding update on call with opposing counsel. 0.90 KLE Prepare for and attend conference call with Malinda Hayes, conference with Gal Betesh 1.10 07/27/2022 KLE Review Corporate Ownership Statement ]riled by Defendant 7 -Eleven, Inc., Notices of appearance, 0.30 CLD Receipt of numerous filings; update internal electronic file. 1.00 07/28/2022 GB Meeting with KLE regarding advising City of lawsuit. Email to City enclosing complaint and requesting a call. 0.20 KLE Review Notices of appearance, orders, etc. 0.70 07129/2022 KLE Conference with Gal Betesh re: notice to City, review emails from Frankie Hutcheson, etc, review Corporate Ownership Statement Filed by Defendant Publix Super Markets, Inc, review notices of appearance and other documents; review Motion to Appear pro hac vice by Louis F. Solimine 0.90 FOR CURRENT SERVICES RENDERED 29.20 6,290.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE KERRY L. EZROL 12.80 $225.00 GAL BETESH 13.60 225.00 TOTAL $2,880.00 3,060.00 Page 130 of 1276 Page: 3 CITY OF BOYNTON BEACH 08103{2022 ACCOUNT NO: 306-9905637 STATEMENT NO: 43111 adv. Quantum Park POA - Robert F'urr, Trustee (Bankruptcy) TIMEKEEPER CYNTHIA L. DUNN TOTAL CURRENT WORK BALANCE DUE HOURS HOURLY RATE. 2.80 125.00 TOTAL 350.00 6,290.00 $6,290.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 131 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Land Acquistion/Title 07/06/2022 RLL Prepare memorandum on 543 NW 11 Ave. ACCOUNT NO: STATEMENT NO: 07/07/2022 SMS Review title work and additional documents and revisions to Memo. RLL Revise memo for 543 NW 11 Ave and prepare memo for 121 W Ocean Ave. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SEAN M. SWARTZ 0.70 $225.00 RACHEL L LEACH 1.30 125.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9905638 43112 HOURS 0.50 0.70 0.80 2.00 320.00 TOTAL $157.50 162.50 320,00 $320.00 Page 132 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Wunsch, Jeffrey (RPO) ACCOUNT NO STATEMENT NO HOURS 07/28/2022 SHB Prepare petition, affidavit, notice of confidentiality, respondent description information, and notices of filing. Finalize and file petition, 1.90 07/2912022 SHB Prepare stipulation, agreed order, and compliance affidavit and instructions for service and transmit to Detective Gorfido. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 2.80 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9905642 43116 0.90 2.80 630.00 TOTAL $630.00 630.00 $630.00 Page 1113 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Lochten, Emily (RPO) 07/2212022 SHB Receive and review RPO documents, prepare petition and affidavit. ACCOUNT NO: STATEMENT NO: 07/2512022 SHB Prepare respondent description information, notice of confidentiality, notices of filing. Finalize and file petition packet. Various correspondence re: petition; file amended petition. 07/28/2022 SHB Prepare stipulation, agreed order, compliance affidavit, and instructions for service and transmit to Detective Gorfido, FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 4.70 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9905643 43117 HOURS 1.30 2.10 1.30 4.70 1,057.50 TOTAL $1,057.50 1,057.50 $1,057.50 Page 134 of 1276 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 0 810 312 0 2 2 100 E. Ocean Avenue ACCOUNT NO: 306-9905098 Boynton Beach FL 33435 STATEMENT NO: 43083 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim #001470000367AB HOURS 07/01/2022 GB Drafted letter to Judge enclosing all documents necessary for City Motion to Continue Trial. Uploaded letter. Motion, Notice of Hearing and Rule to Judge in preparation for hearing. 0.30 07/19/2022 GB Attended hearing on City's Motion to Continue Trial. Emails with opposing counsel regarding moving trial up in time to Sept. 2022. Telephone conference call with attorney Patrick Betar regarding hearing on Motion to Continue Trial, 1.10 07/2712022 GB Emails with opposing counsel regarding continence of trial. 0.20 FOR CURRENT SERVICES RENDERED 1.60 360.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.60 $225.00 $360.00 Photocopies TOTAL CURRENT WORK 360.00 BALANCE DUE $360.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 135 o 1 76 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 ACCOUNT NO: STATEMENT NO: 07/12/2022 GB Received and reviewed Defendant, Sohn's Motion for Summary Judgment. Emails with MDC regarding Motion. 07/1512022 GB Meeting with MDC regarding case status and strategy moving forward. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.80 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.60 0.20 0.80 TOTAL $180.00 Page: 1 08103/2022 306-9905190 43084 180.00 $180,00 a Page 136 1276 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 08103/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905310 Boynton Beach FL 33435 STATEMENT NO: 43086 Attn: Lynn Swanson adv, Philson, Tamm! A. (Personal Injury -Carolyn Sims Center) Billing Category: 18 - RLO Claim #001470000440GB HOURS 07/0112022 GB Emails with City regarding Plaintiffs response to City's Second Request for Production. Received and reviewed incident report from City. Emails with City regarding report. 0.30 07/05/2022 GB Attended hearing on the City's Motion to Continue Trial, Drafted Order Granting City's Motion to Continue Trial. Emails with opposing counsel regarding Granting City's Motion to Continue Trial. Edits to Order pursuant to emails with opposing counsel. Drafted letter to Judge enclosing Order Granting City's Motion to Continue Trial and submitted Order for signature. 1.00 07/07/2022 GB Prepared for case management conference. 0.40 07/08/2022 GB Attended case management conference, including travel time. 3.00 FOR CURRENT SERVICES RENDERED 4.70 1,057.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 4.70 $225.00 $1,057.50 TOTAL CURRENT WORK 1,057.50 BALANCE DUE $1,057.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 137 of 1276 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Benitez, Antonio (Park Injuries) 07/25/2022 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Billing Category: 18 - RLO Claim #0014700000452GB ExamWorks, Inc. additional medical records review Ce _1rsl_W_I#kVf:1►I allIffif �IP�@X� TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9905347 43087 1,160.00 1,160.00 1,160.00 1,160.00 $1,160.00 Page 138 of k1276 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 08/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905392 Boynton Beach FL 33435 STATEMENT NO: 43088 Attn: Lynn Swanson adv. Alves Fernandes, Bruno Henrique (MVA) Billing Category: 18 - RLO Claim #19762606 HOURS 07/0512022 GB Telephone conference call with attorney Andrew Agnini who represented Bruno in the settlement with the City. Began reviewing documents provided by Andrew including Bruno's insurance policy, demand letter and letter from Geico. Case law research regarding subrogation claims against municipalities. 2.20 07/06/2022 GB Began drafting Answer and Affirmative Defenses to Complaint. Legal research regarding affirmative defenses in subrogation claim. Meeting with MDC regarding update on conversation, documents and legal research conducted regarding subrogation claim against uninsured city. 1.30 07/07/2022 GB Legal research regarding affirmative defenses to subrogation claim. Drafted answer and affirmative defenses. 0.90 07/11/2022 GB Finalized and filed Answer and Affirmative Defenses, 0.40 07/13/2022 GB Received and reviewed email from attorney Andrew Agnini regarding Bruno's position on release and subrogation claim. Reviewed Bruno's insurance policy. 0.80 07/25/2022 GB Emalls with City and Tristar advising of Bruno's former counsel's position on City's indemnification claim against Bruno and Geico's subrogation claim against the City. 0.30 07/27/2022 GB Prepared and participated in telephone conference call with City and tristar regarding strategy moving forward. Email to opposing counsel regarding insurance policy for Bruno. Emails to attorney Andrew Agnini regarding insurance policy for Bruno. 1.30 07/29/2022 GB Email with Andrew Agnini regarding GEICO's response to Bruno's 627.4137 demand. Email to City and Tristar regarding email from Andrew. Received and reviewed insurance policy. 0.90 FOR CURRENT SERVICES RENDERED 8.10 1,822.50 Page 139 of 1 Page: 2 CITY OF BOYNTON BEACH 08/03/2022 ACCOUNT NO: 306-9905392 STATEMENT NO: 43088 adv. Alves Fernandes, Bruno Henrique (MVA) TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 8.10 $225.00 TOTAL $1,822.50 1,822.50 $1,822.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 140 of 1276 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 08/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905403 Boynton Beach FL 33435 STATEMENT NO: 43089 Attn: Lynn Swanson adv. Quigley, Theresa (Trip and Fall) Billing Category: 18 - RLO Claim #20180501-01 HOURS 07105/2022 GB Email with opposing counsel regarding rescheduling Plaintiffs deposition. 0.10 07/2512022 GB Received and reviewed Amended Notice of Deposition for Plaintiff. 0.10 FOR CURRENT SERVICES RENDERED 0.20 45.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.20 $225.00 $45.00 Photocopies TOTAL CURRENT WORK 45.00 BALANCE DUE $45.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 141 J�11 276 GOREN, CHEROF, DOODY & EZROL, P,A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 07/11/2022 MDC review order from 11th circuit re: oral argument, and coordinate scheduling for attendance 07/2112022 MDC review materials and begin organizing materials for oral argument FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO TOTAL CURRENT WORK W_1A:f0us]a-fillt RECAPITULATION HOURS HOURLY RATE 0.90 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9905423 43092 HOURS 0.30 0.60 0,90 202.50 TOTAL $202.50 202.50 $202.50 P d Page 1 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Estella, `Jean (MVA) Billing Category: 18 - RLO Claim #19798151 ACCOUNT NO: STATEMENT NO: 111 07/01/2022 GB Drafted letter to Plaintiff enclosing Order Granting Motion to Continue Trial and had letter mailed. 0.30 07/05/2022 GB Received and reviewed Order Granting City's Motion to Continue Trial. 0.10 07106/2022 GB Legal research regarding possible Motion for Summary Judgment. 1.00 07/25/2022 GB Legal research regarding how to dismiss an action when Plaintiff is being unresponsive. Drafted Motion to Compel. Drafted letter to Plaintiff enclosing Motion to Compel. 2.10 FOR CURRENT SERVICES RENDERED 3.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 3.50 $225.00 $787.50 Photocopies TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9905444 43095 787.50 787.50 $787.50 Page 143 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Flake, Natalie (MVA) Billing Category; 18 - RLO Claim #20818346 ACCOUNT NO STATEMENT NO r kD 07/0712022 Gia Telephone conference call with City and Tristar regarding case status and strategy. 0.50 07/08/2022 GB Email to opposing counsel to confirm Plaintiffs deposition. 0.10 07/11/2022 GB Prepared for and attended Plaintiffs deposition. 6.00 07/12/2022 GB Email to City and Tristar regarding Flake's deposition. 0.20 07/15/2022 GB Telephone conference call and meeting with MDC regarding status and strategy. Reviewed Plaintiffs responses to request for production in preparation for drafting subpoenas to towing company and lending company. 0.40 07/18/2022 GB Meeting with MDC regarding documents produced by Flake from towing company. 0.20 07/20/2022 GB Telephone conference call with City and Tristar providing update of Flake's deposition. 1.20 07/26/2022 GB Email to City and Tristar enclosing Plaintiffs deposition transcript. Emails with City and Tristar regarding Plaintiffs deposition testimony and damage to vehicles. 0.40 07127/2022 GB Emails with Tristar and City regarding Plaintiffs address. 0.10 FOR CURRENT SERVICES RENDERED 9.10 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 9.10 $225.00 $2,047.50 07/1112022 Depo Prestige Reporting Service 0712612022 Depo Prestige Reporting Service Page: 1 08/03/2022 306-9905492 43097 2,047.50 ' 195.00 747.00 P ge 144 of 1276 Page: 2 CITY OF BOYNTON BEACH 08/03/2022 ACCOUNT NO: 306-9905492 STATEMENT NO: 43097 adv. Flake, Natalie (MVA) Depo 06114/2022 Fed Ex Federal Express Fed Ex 07/07/2022 Telephone Conference - Orthopaedic Center of South Florida PA 07/13/2022 Prestige Reporting Service TOTAL ADVANCES THRU 07/31/2022 ImIF_LS1lJ1IN210okyliyL*lN21 BALANCE DUE 942.00 27.08 27.08 250.00 95.00 345.00 1,314.08 3,361.58 $3,361.58 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 145 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Fitting, Ashlei (Slip and Fall) Billing Category: 18 - RLO Claim #20834720 ACCOUNT NO: STATEMENT NO: 07/05/2022 GB Emails with City and Tristar regarding conference call to discuss case strategy. 07/07/2022 GB Telephone conference call with City and Tristar regarding strategy. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 1.20 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.20 1.00 1.20 Page: 1 08/03/2022 306-9905531 43101 270.00 $270.00 Page 146 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv Norwood, Michael (Slip and Fall accident 31412021) Billing Category: 18 - RLO Claim #21859966 07/20/2022 GB Emaiis with opposing counsel regarding discovery. Received and reviewed Plaintiffs answers to City's interrogatories, FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK 17T1>A:Ii►L6MC9llr RECAPITULATION HOURS HOURLY RATE 0.40 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9905561 43103 HOURS 0.40 0.40 90.00 TOTAL $90.00 90.00 $90.00 Page 147 of 1276 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 08/03/2022 100 E, Ocean Avenue ACCOUNT NO: 306-9905594 Boynton Beach FL 33435 STATEMENT NO: 43106 Attn: Lynn Swanson FDOT- GCME Water Main Damage Billing Category: 18 - RLO Claim #21870606 HOURS 07/01/2022 GB Reviewed emails and documents provided by the City regarding update to this claim. Email to MDC and KLE regarding claim update. Email and voicemail to GCME's attorney regarding update. Emails with City regarding conference call to discuss status update. 1.00 07/06/2022 GB Telephone conference call with City regarding case update. Emails with attorney for GCME regarding update of status. Reviewed FDOT's 30% plans. 0.70 07/14/2022 GB Emails with GCME counsel regarding status update. 0.10 0 7/1 512 02 2 GB Meeting with KLE regarding status update and strategy moving forward. Email to City regarding FDOT district. 0.40 KLE Conference with Gal Betesh 0.30 07/18/2022 GB Received and reviewed draft minutes from June 23rd meeting with City, FDOT, Corrlier and AECOM and email to City regarding minutes. Began drafting letter to FDOT proving status update. 1.40 07/20/2022 KLE Conference with Gal Betesh 0.30 GB Telephone conference call with GCME's counsel regarding status. Telephone conference call with client providing update of conversation with GCME's counsel. Emails with KLE regarding update and strategy moving forward. 1.10 07/25/2022 GB Emails with City regarding minutes from Jan 2022 meeting and GCME inspecting the damage. Email to GCME's attorney enclosing minutes from Jan 2022 meeting. 0.20 07/26/2022 GB Drafted public records request to FDOT. Emails with City regarding public records request. 0.40 07/27/2022 GB Emails with City regarding agenda for upcoming meeting with FDOT, GCME and Corrlier Engineering and edits to agenda. Received and reviewed email between City and FDOT regarding incident. 0.80 07/28/2022 Gla Emails with City regarding purchasing water from county and maintenance Page 148 -)276 1 Page: 2 CITY OF BOYNTON BEACH 08/03/2022 ACCOUNT NO: 306-9905594 STATEMENT NO: 43106 FDOT- GCME Water Main Damage and inspection records of the damaged pipe. Conversation with KLE regarding strategy moving forward. 07/29/2022 GB Emails with City regarding minutes for ,lune meeting and scheduling an upcoming meeting. GB Emails with City regarding meeting with FDOT, GCME, Corrlier Engineering and AECOM. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE KERRY L. EZROL 0.60 $225.00 GAL BETESH 6.70 225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.30 0.20 0.10 7.30 1,642.50 TOTAL $135.00 1,507.50 1,642.50 $1,642.50 Page 149 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Estate of Stanley Davis III Billing Category: 18 - RLO Claim #22874044 07/01/2022 MDC Telephone conference call with Bruce Johnson on status of claim ACCOUNT NO: STATEMENT NO: 07/1812022 SHB Discuss pending case matters with MDC, Julie Oldbury, Bruce Johnson, FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 0.60 225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9905607 43107 HOURS 0.30 0.60 0.90 202.50 TOTAL $67.50 135.00 202.50 $202.50 Page 150 o 1'276 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 08/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905633 Boynton Beach FL 33435 STATEMENT NO: 43110 Attn: Lynn Swanson v. Beeline Telekom -Damage to Watermain Category 18 RLO HOURS 07/12/2022 GB Emalls with City regarding no response to insurance request letter. 0.20 07/2612022 GB Emails with City regarding strategy moving forward. 0.40 07/28/2022 GB Email with City regarding letter returned to sender. Telephone conference call with City regarding strategy moving forward. 0.50 FOR CURRENT SERVICES RENDERED 1.10 247.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.10 $225.00 $247.50 TOTAL CURRENT WORK 247.50 BALANCE DUE $247.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 151 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33436 Attn: Lynn Swanson adv. Devon Schulte, Staci Schulte, and Tyler Schulte (MVA) Billing Category No. 18 - RLO 07/12/2022 GB Reviewed new file documents. ACCOUNT NO: STATEMENT NO: FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.30 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.30 0.30 TOTAL $67.50 Page: 1 08/03/2022 306-9905639 43113 67.50 67.50 $67.50 r� ,r Page 152 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Fire Department Vehicle #807 -Date of Incident 6121122 Billing Category No. 18 - RLO 07115{2022 GB Received and reviewed documents for new file. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH Ioyl F_1 Ws111�7 i►C��►�L�7 7:1 BALANCE DUE ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.20 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.20 0.20 TOTAL $45.00 Page: 1 08/03/2022 3069905640 43114 45.00 45.00 $45.00 Page 1 t3 of 1276 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attm Lynn Swanson v. Margarita Mastrodomenico (Trip and Fall on 12123121) Billing Category No. 18 - RLO 07/26/2022 GB Received and reviewed documents and emails from City to analyze the City's negligence, if any. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 08/03/2022 306-9905641 43115 HOURS 0.10 0.10 22.50 TOTAL $22.50 22.50 $22.50 Page 154 ot76 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Nancy Cole (Trip and Fall) Billing Category No. 18 - RLO 07/26/2022 GB Reviewed documents in new claim. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.30 0.30 TOTAL $67.50 Page: 1 08/03/2022 306-9905644 43118 67.50 67.50 $67.50 Page 155 of 1276 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 August 02, 2022 Billed Through 07/31/2022 Invoice 72257 / MTB 00281 30233 VIA: Oldbury)@bbfl.us Julie Oldbury, Director Human Resources and Risk Management City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Sharon Tasha Ford vs. City of Boynton Beach, Robert Kellman, Ricky Lauture and Russell Faine FOR PROFESSIONAL SERVICES RENDERED: 07/21/2022 JHR Prepare for and attend hearing on plaintiff s motion to withdraw as 1.00 counsel 07/22/2022 MTB Receipt and review of Goren and Cherof s Notice of Appearance 0.10 07/22/2022 JHR Analyze plaintiff s counsel's proposed order on motion to withdraw as 0.20 counsel 07/25/2022 MTB Receipt and review of email correspondence from Plaintiff Atty. Dean 0.10 Kaire together with proposed Order on Motion to Withdraw 07/25/2022 MTB Receipt and review of Order Granting Motion to Withdraw as Plaintiffs 0.10 Counsel 07/27/2022 MTB Receipt and review of email correspondence from Karen Klein 0.10 07/27/2022 MTB Receipt and review of email correspondence from Julie Oldbury 0.10 07/27/2022 JHR Analyze and assemble attorney charging liens from court docket 1.20 Railey, Jonathan H. Burke, Michael T. DISBURSEMENTS Total Professional Services: 2.40 0.50 0713112022 Printing and Imaging Services $652.50 225.00 $540.00 225.00 $112.50 4.20 Page 156 of 1276 Summary: Invoice Number 72257 Total Expenses Advanced: Total professional services $652.50 Total expenses incurred +$4.20 Total Amount Billed $656.70 Less Pre -Paid Applied $0.00 Please Pay this Amount $656.70 Page 2 $4.20 Page 157 of 1276 OLDS & STEPHENS, P.A. 312 Eleventh Street P. O. Box 4523 West Palm Beach, FL 33401 Invoice submitted to.- Julie o:Julie Oldbury, IPMA-SCP, CLRP Director of Human Resources and Risk Management Human Resources and Risk Management 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 August 02, 2022 In Reference To: Client/Insured Claimant: Claim No.: Date/Loss: Invoice # 10160 Boynton Beach Smith TAXPAYER I.D. NO.: 65-0385869 Professional Services Page 158 of 1276 Hrs/Rate Amount 7/5/2022 DS Receipt and review of court Order setting 0.10 25.00 Discovery status conference via Zoom 250.00/hr DS Receipt and review of Order setting Discovery 0.20 50.00 Procedures 250.00/hr DS Telephone conference with client re: case status 0.10 25.00 250.00/hr DS Review and preparation for telephone conference 0.70 175.00 with client re: status, strategy 250.00/hr 7/17/2022 DS Receipt and review of emails and second Motion 0.20 50.00 for Extension to respond to Motion to Dismiss 250.00/hr DS Responded to email from Plaintiff requesting 0.10 25.00 second extension 250.00/hr Page 158 of 1276 Julie Oldbury, IPMA-SCP, CLRP 7/18/2022 DS Reviewed Order granting Plaintiff's second 250.00/hr extension to Respond to Motion to Dismiss 7/22/2022 DS Reviewed Plaintiff's Response to Motion to 250.00/hr Dismiss and analyzed same 7/25/2022 DS Outlined issues for filing a Reply to Plaintiff's Response to Defendant's Motion to Dismiss for discussions 7/26/2022 DS Continued analyzing issues to include in a Reply 7/28/2022 DS Receipt and review of Proposed Order on Motion for Extension to file Reply to Plaintiff's Respond in opposition to Defendants' Motion to Dismiss DS Receipt and review of Proposed Joint Motion for Extension to file Reply DS Receipt and review of email from Attorney Breedan re: Motion for Extension to file Reply Memo For professional services rendered Previous balance Balance due User Summary Name DON STEPHENS Page 2 Hrs/Rate Amount 0.10 25.00 250.00/hr 2.00 500.00 250.00/hr 0.80 200.00 250.00/hr 0.80 200.00 250.00/hr 0.10 25.00 250.00/hr 0.10 25.00 250.00/hr 0.10 25.00 250.00/hr 5.40 $1,350.00 $8,675.00 $10,025.00 Hours Rate Amount 5.40 250.00 $1,350.00 Page 159 of 1276 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 August 04, 2022 Billed Through 07/31/2022 Invoice 72325 / EBJ 00281 42070 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Shannon Thompson and Stanley Davis, Jr., for Estate of Stanley Davis III vs. City of Boynton Beach (Tristar claim no.: 22874044) FOR PROFESSIONAL SERVICES RENDERED: 07/18/2022 EBJ Review correspondence from Plaintiffs attorney concerning 0.60 investigation into subject incident, analyze file, prepare correspondence to Julie Oldbury concerning status of IA and type of response proposed to Plaintiff 07/18/2022 EBJ Telephone conferences with Julie Oldbury and Shaina Bridgeman to 0.50 discuss IA investigation 07/18/2022 EBJ Prepare correspondence to attorney for Davis Estate concerning status of 0.30 IA Investigation; prepare correspondence to Julie Oldbury and Shaina Bridgeman, Esq., concerning same 07/19/2022 EBJ Prepare correspondence to Plaintiff s attorney regarding status of IA 0.30 Total Professional Services: $382.50 Johnson, E. Bruce 1.70 225.00 $382.50 DISBURSEMENTS 0713112022 Printing and Imaging Services Summary: Total professional services Total expenses incurred Total Expenses Advanced: $382.50 +$3.85 3.85 $3.85 Page 160 of 1276 Total Amount Billed Less Pre -Paid Applied Please Pay this Amount Invoice Number 72325 Page 2 $386.35 $0.00 $386.35 Page 161 of 1276 Marrero & Wydler Douglas Centre, PH -4 2600 Douglas Road Coral Gables, FL 33134 August 10, 2022 TAX I.D. 03-0486999 Julie Oldbury, Director of Human Resources and Risk Manageme City of Boynton Beach 100 E. Ocean Avenue Boynton Beaach, FL 33435 In Reference To: Smith, J. v. Shaun James, et al. Our File No.: 39-7995 Professional Services 7/1/2022 AFD Review body cam video AFD Legal Research re evidence to counter video 2.00 on summary judgment 7/5/2022 LW Rec and rev order setting discovery status conference LW Rec and rev Magistrate's discovery procedures order AFD Review file re officer testimony/information gaps we need to fill or benefit Plaintiff 7/18/2022 LW Rec and rev Plaintiffs motion for additional extension of time to respond to Defendants' motions to dismiss LW Rec and rev order granting Plaintiffs motion for additional extension of time to respond to Defendants' motions to dismiss AFD Draft request for production and interrogatories to Plaintiff 7/19/2022 LW Draft/revise budget; review file 7/22/2022 LW Rec and rev Plaintiff's response in opposition to Defendants' motions to dismiss LW Review/analyze Plaintiff's response in opposition to motion to dismiss LW Rec and rev e-mail from Ann Breeden re recent case law/reply 7/25/2022 AFD Review Plaintiffs response in opposition to motion to dismiss Telephone: Fax Hours Amount 1.00 $120.00 2.00 $240.00 0.20 $28.00 0.30 $42.00 2.20 $264.00 0.30 $42.00 0.10 $14.00 1.50 $180.00 0.20 $28.00 0.90 $126.00 0.40 $56.00 0.20 $28.00 0.60 $72.00 305-446-5528 305-446-0995 Invoice 4327 No. Amount $120.00 $240.00 $28.00 $42.00 $264.00 $42.00 $14.00 $180.00 $28.00 $126.00 $56.00 $28.00 $72.00 Page 162 of 1276 Julie Oldbury, Director of Human Resources and Risk Manageme 7/25/2022 AFD Draft reply in support of motion to dismiss AFD Legal Research (update) re incorporate by Page 2 reference full documents/procedural issues 7/26/2022 LW Review/revise reply memorandum of law in support of motion to dismiss AFD Draft (continued) reply in support of motion to 0.40 dismiss AFD Legal Research re stops that are not $210.00 permissibly prolonged AFD Legal Research planting drugs in relation to $540.00 search and seizure claim/not false arrest $120.00 claim LW Rec and rev e-mail from Ann Breeden re $72.00 motion for extension of time to file reply; draft $28.00 response 7/27/2022 LW Review/revise reply memorandum of law LW Rec and rev e-mail from Lisa Smith re $14.00 mediator selection deadline LW Rec and rev e-mail from Michael Burke re $14.00 mediator LW Rec and rev e-mail from Nicole 0.30 Sauvola-LaMay re mediator 7/28/2022 LW Rec and rev e-mail from Ann Breeden with $42.00 proposed joint motion for extension of time to file reply; draft response 7/29/2022 LW Rec and rev joint motion for extension of time to file reply in support of motion to dismiss amended complaint For professional services rendered Previous balance Balance due 24.00 $3,014.00 $8,196.50 Y, , Page 163 of 1276 Page 2 Hours Amount Amount 3.50 $420.00 $420.00 0.40 $48.00 $48.00 1.50 $210.00 $210.00 4.50 $540.00 $540.00 1.00 $120.00 $120.00 0.60 $72.00 $72.00 0.20 $28.00 $28.00 1.50 $210.00 $210.00 0.10 $14.00 $14.00 0.10 $14.00 $14.00 0.10 $14.00 $14.00 0.30 $42.00 $42.00 0.30 $42.00 $42.00 24.00 $3,014.00 $8,196.50 Y, , Page 163 of 1276 Julie Oldbury, Director of Human Resources and Risk Manageme Timekeeper Summary Name Andrei F. Dambuleff Lourdes E. Wydler PLEASE MAKE CHECKS PAYABLE TO MARRERO & WYDLER Page Hours Rate 17.30 120.00 6.70 140.00 Page 164 of 1276 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 August 12, 2022 Billed Through 07/31/2022 Invoice 72443 / JLH 00281 42094 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Ultimate Bakery and Pastry, Inc. vs. City of Boynton Beach (22879963) FOR PROFESSIONAL SERVICES RENDERED: 07/06/2022 MLJ Prepare correspondence to Diana Taylor regarding case status and the 0.20 proposed settlement agreement sent to Kathleen Daly, Esq. 07/11/2022 JLH Review letter from Quentin Morgan regarding status of settlement 0.10 negotiations 07/11/2022 JLH Letter to counsel for Plaintiff regarding status of Plaintiffs settlement 0.30 response 07/11/2022 JLH Review Plaintiff s rejection and settlement counter offer 0.70 07/11/2022 JLH Letter to Quentin Morgan and Mara Frederiksen regarding counter offer 0.30 07/12/2022 MLJ Review correspondence from Mara Frederiksen regarding availability for 0.20 conference 07/13/2022 JLH Preparation for and attendance at conference call regarding Plaintiffs 1.10 July 12 counteroffer, litigation strategy, and settlement strategy 07/13/2022 JLH Memo to file regarding City's response to Plaintiff s counteroffer and 0.30 revised draft of settlement agreement 07/13/2022 JLH Prepare revised settlement agreement and prepare additional provisions 1.60 regarding vacation of premises, termination of business relationship, and additional consideration provided by City 07/13/2022 JLH Letter to City representatives regarding terms of revised settlement 0.30 agreement 07/13/2022 JLH Review letter from Lynn Swanson regarding correspondence received 0.80 from Peter Torocsik and information associated with GC Ventures 07/15/2022 MLJ Assist with preparation of settlement agreement and review terms of 0.60 prior agreements 07/15/2022 JLH Telephone conference with City representatives regarding additional 0.20 issues for revised settlement agreement Page 165 of 1276 07/15/2022 JLH 07/15/2022 JLH 07/19/2022 JLH 07/19/2022 JLH 07/19/2022 JLH 07/19/2022 JLH 07/25/2022 JLH 07/26/2022 JLH 07/26/2022 JLH 07/26/2022 JLH 07/26/2022 JLH 07/27/2022 JLH Invoice Number 72443 Page 2 Review September 27, 2021 letter from City to Plaintiff regarding limited extension through December 1, 2021; memo to file regarding legal research on expiration of contract and absence of current rights to occupy premises Letter to Village representatives regarding documents relating to termination of Oceanfront Park contract Telephone conference with Quentin Morgan regarding authorization to issue revised settlement agreement to counsel for Plaintiff Review follow-up letter from Julie Oldbury authorizing issuance of revised settlement proposal Letter to counsel for Plaintiff regarding City's revised settlement proposal Follow-up telephone conference with Kathleen Daly regarding settlement issues Review letter from Lynn Swanson regarding July 25 public records request issued by Plaintiff and City's preliminary response Review letter from Quentin Morgan regarding issues associated with City's response to public records requests Review clarification from Kristeena Pinto regarding City's February response to public records requests Prepare follow-up letter regarding revisions to paragraph 6 of Plaintiff s public records requests Review letter from Julie Oldbury regarding deadline for Plaintiff s response to settlement proposal Review letter from Kristeena Pinto regarding finalized response to Plaintiffs public records request Total Professional Services: Hochman, J L 9.10 225.00 Johnson, Melissa L. 1.00 225.00 DISBURSEMENTS 0713112022 Printing and Imaging Services Summary: Total professional services Total expenses incurred Total Amount Billed Less Pre -Paid Applied Total Expenses Advanced: $2,272.50 +$9.80 $2,282.30 $0.00 0.30 0.30 0.20 0.10 0.30 0.60 0.30 0.30 0.20 0.50 0.10 0.20 $2,272.50 $2,047.50 $225.00 9.80 $9.80 Page 166 of 1276 Please Pay this Amount Invoice Number 72443 $2,282.30 Page 3 Page 167 of 1276 JONES FOSTER P.A. P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401-5950 561 659 3000 T jonesfoster.com City of Boynton Beach c/o James Cherof, Esq. 100 E Ocean Ave Boynton Beach, FL 33435 City of Boynton Beach v. JKM BTS Capital LLC REMITTANCE COPY TOTALS FOR THIS STATEMENT Tax I.D. 59-1292566 July 31, 2022 Invoice No. 254886 File No. 29049.00002 TJ B RATE/HR. HOURS AMOUNT JOANNE M. OCONNOR 350.00 1.70 $595.00 THOMAS J. BAIRD 350.00 11.10 $3,885.00 $4,480.00 TOTAL FEES THIS INVOICE TOTAL COSTS ADVANCED THIS INVOICE $0.00 TOTAL CHARGES THIS INVOICE $4,480.00 PREVIOUS BALANCE $0.00 TOTAL ACCOUNT BALANCE $4,480.00 PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE. PAYMENTS RECEIVED AFTER THE PREPARATION OF THIS INVOICE WILL NOT BE REFLECTED. IF AN UNPAID PRIOR BALANCE IS DISPLAYED ABOVE AND YOU HAVE RECENTLY REMITTED PAYMENT, PLEASE PAY ONLY THE CURRENT INVOICE CHARGES. THANK YOU DUE UPON RECEIPT Page 168 of 1276 JONES FOSTER P.A. P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401-5950 561 659 3000 T jonesfoster.com City of Boynton Beach c/o James Cherof, Esq. 100 E Ocean Ave Boynton Beach, FL 33435 City of Boynton Beach v. JKM BTS Capital LLC TOTALS FOR THIS STATEMENT JOANNE M. OCONNOR THOMAS J. BAIRD TOTAL FEE THIS INVOICE TOTAL COSTS ADVANCED THIS INVOICE TOTAL CHARGES THIS INVOICE PREVIOUS BALANCE TOTAL ACCOUNT BALANCE Tax I.D. 59-1292566 July 31, 2022 Invoice No. 254886 File No. 29049.00002 TJ B RATE HOURS AMOUNT 350.00 1.70 $595.00 350.00 11.10 $3,885.00 $4,480.00 $0.00 $4,480.00 $0.00 $4,480.00 Page 169 of 1276 JONES FOSTER P.A. City of Boynton Beach July 31, 2022 City of Boynton Beach v. JKM BTS Capital LLC Invoice No. 254886 File No. 29049.00002 Page 2 FOR PROFESSIONAL SERVICES RENDERED: DATE INDV DESCRIPTION OF SERVICES HOURS AMOUNT 07/01/22 TJB RECEIVE AND REVIEW EMAIL CORRESPONDENCE 0.10 35.00 EXCHANGED BETWEEN ATTORNEY STEMPLER & JMO RE MARKEY DEPO 07/05/22 JMO EMAILS WITH ATTORNEY STEMPLER RE RESETTING 0.20 70.00 JKM DEPOSITION; PREPARE AMENDED DEPOSITION NOTICE 07/05/22 TJB PREPARATION FOR AND ATTEND CITY COMMISSION 4.00 1,400.00 ATTORNEY-CLIENT MEETING; RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM ATTORNEY STEMPLER (2XS) RE MARKEY DEPOSITION 07/06/22 JMO TEL CALL T BAIRD RE ATTORNEY-CLIENT SESSION 0.20 70.00 07/07/22 TJB TELEPHONE CONFERENCE WITH CITY ATTORNEY 1.00 350.00 CIRULLO RE MEDIATION & MEETING ON WATER CHILLERS (2); ATTENTION TO MEDIATION; EXCHANGE EMAIL CORRESPONDENCE WITH ATTORNEY STEMPLER & CITY ATTORNEY 07/12/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH CITY 1.00 350.00 ATTORNEY CIRULLO (3XS); TELEPHONE CONFERENCE WITH ATTORNEY POZZUOLI (MEDIATOR) RE MEDIATION 07/13/22 TJB EMAIL CORRESPONDENCE TO INTERIM CITY 0.30 105.00 MANAGER STABLES & THE CITY ATTORNEY RE CALL WITH MEDIATOR 07/15/22 TJB TELEPHONE CONFERENCE WITH CITY MANAGER 1.00 350.00 STABLES, CITY ATTORNEY CIRULLO AND ANDREW MACK; EMAIL CORRESPONDENCE TO ATTORNEYS STEMPLER & MARKOW RE CHILLERS 07/15/22 JMO CONFER T BAIRD RE STATUS OF SETTLEMENT 0.20 70.00 DISCUSSIONS; REVIEW CORRESPONDENCE FROM BAIRD TO STEMPLER AND MARKOW 07/19/22 TJB TELEPHONE CONFERENCE WITH CITY ATTORNEY 0.20 70.00 CIRULLO 07/20/22 TJB TELEPHONE CONFERENCE WITH MAYOR, CITY 0.50 175.00 MANAGER, CITY ATTORNEY; EMAIL CORRESPONDENCE TO JKM'S ATTORNEYS Page 170 of 1276 JONES FOSTER P.A. City of Boynton Beach July 31, 2022 City of Boynton Beach v. JKM BTS Capital LLC Invoice No. 254886 File No. 29049.00002 Page 3 07/21/22 TJB REVIEW EMAIL CORRESPONDENCE FROM 0.20 70.00 ATTORNEY STEMPLER RE TIME EQUITIES AND FORWARD EMAIL CORRESPONDENCE TO CITY ATTORNEY & MAYOR 07/22/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH CITY 0.60 210.00 ATTORNEY CIRULLO; REVIEW CORRESPONDENCE TO THE MAYOR FROM JOHN MARKEY; EMAIL CORRESPONDENCE TO ATTORNEYS STEMPLER & MARKOW; RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM ATTORNEY ALLISON RE E2L V. JKM 07/25/22 JMO EXCHANGE EMAILS WITH M STEMPLER AND K 0.20 70.00 MARKOW 07/25/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH 0.50 175.00 ATTORNEY MARKOW (2); TELEPHONE CONFERENCE WITH JMO RE JKM'S LETTER TO MAYOR PENSURGA 07/26/22 JMO TEL CALL K MARKOW, T BAIRD RE SETTLEMENT 0.40 140.00 07/26/22 TJB TELEPHONE CONFERENCE WITH ATTORNEY 0.70 245.00 MARKOW RE MEDIATION AND SETTLEMENT LETTER FROM JOHN MARKEY TO THE MAYOR; TELEPHONE CONFERENCE WITH LYNN SWANSON 07/26/22 JMO REVIEW JKM SETTLEMENT OFFER 0.10 35.00 07/27/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH 0.50 175.00 ATTORNEY OYER RE TIME EQUITIES' USE OF CHILLERS; EMAIL CORRESPONDENCE TO CITY MANAGER STABLES RE THE EMAIL CORRESPONDENCE FROM ATTORNEY OYER; RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM LYNN SWANSON RE ATTORNEY-CLIENT MEETING 07/29/22 JMO TEL CALL COUNSEL FOR E2L 0.20 70.00 07/29/22 JMO EMAILS E2L COUNSEL, BAIRD, TO CITY STAFF RE 0.20 70.00 JKM USE OF CHILLERS 07/29/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH 0.50 175.00 ATTORNEY KEVIN MARKOW; REVIEW EMAIL CORRESPONDENCE FROM ATTORNEY ALLISON AND REPLY TOTAL HOURS 12.80 Page 171 of 1276 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 23, 2022 Attn: Julie Oldbury Bill No. 67536 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Smith (Joseph) v. Sohn et al. 22369 Claim # BILL FOR FEES AND COSTS THROUGH 07/31/22 PROFESSIONAL SERVICES Date Services Attorney Hours 07/06/22 Receipt and review of Correspondence from Mark Sohn re: BLB 0.30 termination of employment. 07/06/22 Preparation of Correspondence to Mark Sohn re: will still BLB 0.30 representation and request personal email and phone. 07/06/22 Receipt and review of Correspondence from Mark Sohn re: BLB 0.10 contact information. 07/06/22 Receipt and review of Court's Discovery Status Conference. BLB 0.10 07/07/22 Receipt, review and response to communication from Karen SWK 0.40 Klein re closeout memo 07/13/22 Communicate/With Client correspondence to Ms. Klein AGB 1.40 regarding Plaintiffs extensive criminal history and admissibility of prior convictions 07/18/22 Preparation of Correspondence to Nicole Sauvola-LeMay re: BLB 0.10 no objection to extension of time to respond to Motion to Dismiss. 07/18/22 Receipt and review of Court's Order on Plaintiffs Motion for BLB 0.10 Extension of Time to Respond to Sohn and Henry's Motion to Dismiss. 07/18/22 Receipt and review of Plaintiffs Amended Motion for Extension BLB 0.30 of Time to Respond to Sohn and Herny's Motion to Dismiss. 07/19/22 Receipt and review of Correspondence from Karen Klein to BLB 0.30 Summit Risk addressing individual claimants. 07/19/22 Receipt and review of Correspondence from Edward Kron to BLB 0.10 Karen Klein advising he will get back to her regarding the letter to claimants. 07/19/22 Receipt and review of Correspondence from Edward Kron to BLB 0.30 Karen Klein re: coverage position. Page 172 of 1276 Client: City of Boynton Beach August 23, 2022 Matter: 22369 - Smith (Joseph) v. Sohn et al. Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 07/22/22 Receipt and review of Plaintiffs Response to Sohn, Herny, SWK 0.40 Ann G. Breeden, Associate James' Motion to Dismiss. 160.00 07/22/22 Communicate/Other External correspondence to all defense AGB 0.10 2.00 counsel regarding US v. Sanchez case and reply to Plaintiffs 370.00 JK Response to Defendants' Motion to Dismiss 0.50 07/26/22 Communicate/Other External correspondence to counsel for AGB 0.10 Stephanie W. Kaufer, Partner Berben, James, and Herny regarding Joint Motion for Extension 185.00 148.00 of Time to File Reply to Plaintiffs Response to Defendants' Total Professional Services 5.90 Motion to Dismiss $989.00 07/26/22 Draft/Revise public records request to Palm Beach County JK 0.10 State Attorney's office requesting records for any and all cases involving Plaintiff, Joseph Smith. 07/27/22 Communicate/Other External multiple correspondence with Ms. AGB 0.20 Wydler and Mr. Burke regarding Joint Motion for Extension of Time to file Reply to Plaintiffs Response to the Defendants' Motion to Dismiss and Motion to Exceed Page Limits 07/27/22 Draft/Revise correspondence to Palm Beach County Clerk of JK 0.20 Court requesting any and all certified felony convictions and materials involving Plaintiff, Joseph Smith. 07/27/22 Draft/Revise correspondence to Broward County Clerk of Court JK 0.20 requesting any and all certified felony convictions and materials involving Plaintiff, Joseph Smith. 07/28/22 Draft/Revise Joint Motion for Extension of Time to file Reply to AGB 0.50 Plaintiffs Response to the Defendants' Motion to Dismiss Plaintiffs Amended Complaint 07/28/22 Draft/Revise proposed order on Defendants' Motion for AGB 0.20 Extension of Time to File Reply to Plaintiffs Response to the Defendants' Motion to Dismiss Plaintiffs Amended Complaint 07/28/22 Communicate/Other External correspondence to all counsel AGB 0.10 regarding Defendants' Motion for Extension of Time to File Reply to Plaintiffs Response to Defendants' Motion to Dismiss and approval to file same PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 2.60 160.00 416.00 BLB Benjamin L. Bedard, Partner 2.00 185.00 370.00 JK Jaime Kehoe, Paralegal 0.50 110.00 55.00 SWK Stephanie W. Kaufer, Partner 0.80 185.00 148.00 Total Professional Services 5.90 $989.00 Page 173 of 1276 Client: City of Boynton Beach Matter: 22369 - Smith (Joseph) v. Sohn et al. CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: August 23, 2022 Page 3 $ 989.00 4,338.50 -4,338.50 $ 989.00 Page 174 of 1276 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: 67536 Bill Date: August 23, 2022 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 22369 Matter Name: Smith (Joseph) v. Sohn et al. Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 0 $ 989.00 4,338.50 -4,338.50 $ 989.00 0.00 $989.00 Page 175 of 1276 1" Consent Agenda 9/22/2022 Requested Action by Commission: Proposed Resolution No. R22-129 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Officers and Detectives and the City. Proposed Resolution No. R22-130 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Sergeants and the City. Explanation of Request: The term of the Collective Bargaining Agreements for the aforementioned units is expiring on September 30, 2022. The City and the Unions began negotiating successor agreements in July 2022 and concluded bargaining on August 29, 2022 for agreements with a term beginning October 1, 2022 through September 30, 2025. How will this affect city programs or services? Having successor agreements in place provides bargaining unit members and management with guidance on the terms and conditions of employment currently in effect. Fiscal Impact: Wages: Police Officers and Detectives Year 1 - $848,223 Year 2 - $578,698 Year 3 - $461,633 Police Sergeants Year 1 - $219,442 Year 2 - $130,453 Year 3 - $101,067 Other Monetary Items: • Language Fluency I ncentive - Members who demonstrate fluency in Spanish or Creole are eligible for a Language Fluency I ncentive of fifty cents [$0.50] per hour. Pension: • DROP extended from five [5] years to eight [8] years with members receiving seven percent [7%] interest with members resuming contributions at three percent [3%] for years six, seven, and eight. The Police Pension Plan actuary provided a report [reference Pension Actuary Report attachment, p. 2, #4 - Scenario #3], which estimates that the City would pay $8.4 million less (a present value of approximately $2.8 million) by implementing the extended DROP. Alternatives: 1. Do not approve the agreements, which would result in maintaining the status quo of the collective bargaining agreements currently in effect and returning to the bargaining table for continued negotiations. Page 176 of 1276 Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D IRE)S()�I LA ti 0 111 DAg ir'E�'E) rTIE) 111 t D IRE)S()�I LA ti 0 111 DAg ir'E�'E) rTIE) 111 t D AddE)indUlirn D Ag ir'EsE) rTIE) 111 t DAg ir'E�'E) rTIE) 111 t Description RE)SOkAboin approviing COlIE)Ctive, IBa irgaiiiniiing Agir'E)E)irT1E)1['1t with OffiCE)rs aindDE)tEh�',UVE)S OffiCE)rs aindIC:: E)tE�ICUVE)S COlIE)CUVE' IBa irgaiiinihng Agir'E)E)irT1E)1['1t 10/2022 thrOL.Agh 9/2025 RE)SOkAboin approvilllg COlIE)CUVE) IBa irgaiiiniiing Agir'E)E)irT1E)1['1t with SE)irgEsaints SE)rgE�,aints CCfllb'CUVE, Bargaiiniing Agir'EsE)irTIENI'lt 10/2022 thrOL.Agh 9/2025 PENI'lSioin ActUiary IRE)poirt 2022...7...° OffiCE)rs aindDE)tE�ICUVE,s TA'd veirsioin showiing c,ha1['1gE)S SE)rgE�,aints TA'd veirsioin shoWing cha1['1gE)S Page 177 of 1276 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION R22-134 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION FOR THE POLICE OFFICERS AND DETECTIVES FOR THE PERIOD OF OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2025, AND AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO SIGN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the Palm Beach County Police Benevolent Association have successfully concluded negotiations for a three (3) year contract for the Police Officers and Detectives; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the Collective Bargaining Agreement and execute the same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association Police Officers and Detectives Unit for the period of October 1, 2022 through September 30, 2025, and authorizes and directs the Interim City Manager to sign the Agreement, a copy of said agreement being attached hereto as Exhibit M S:ACA\RESO\Agreements\CBA Ratifications\PBC PBA Officers and Detectives CBA 2022-25 - Reso.docx Page 178 of 1276 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this 22nd day of September, 2022. ATTEST: Maylee De Jes6s, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\CBA Ratifications\PBC PBA Officers and Detectives CBA 2022-25 - Reso.docx Page 179 of 1276 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE OFFICERS AND DETECTIVES OCTOBER 1, 2022 - SEPTEMBER 30, 2025 Page 180 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 TABLE OF CONTENTS ARTICLE PAGE NO 1 Preamble 1 2 Recognition and Notice 2 3 Non -Discrimination 3 4 Dues Deduction 5 5 Union Business 6 6 Bulletin Board 7 7 Assignment Pay 8 8 Vacancies and Probation 9 9 Management Rights 10 10 Hours of Work and Overtime 11 11 Wages 14 12 Seniority 16 13 Additional Monetary Benefits 17 14 Uniforms 20 15 Annual Occupational Fitness Evaluations 21 16 Group Insurance 24 17 Leaves 26 18 Holiday Pay 30 19 Funeral Expenses 32 20 Training 33 21 Career Path Program 34 22 Personnel Records 35 23 Legal Action 36 24 Discipline 37 25 Appeals of Disciplinary Action 39 26 Grievance and Arbitration Procedure 41 27 Personal Vehicles 45 28 Drug Testing 46 29 Posting of Assignment and Promotional Opportunities 47 30 Complete Agreement and Non -Waiver Provision 48 31 Severability 49 32 Duration 50 33 Take Home Vehicles 51 34 Off Duty Details 52 35 Pension 54 36 Reserved 56 37 Workers' Compensation and Leaves of Absence 57 Appendix 1: Field Training and Police Training Officers 61 Addendum "A" — Drug Free Workplace Policy 62 Addendum "B" — Mutual Consent Agreement (IPTR) 75 Addendum "C" —Tuition Assistance Program 77 Page 181 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 1 PREAMBLE This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the "City" and the Palm Beach County Police Benevolent Association, Inc., located in West Palm Beach, Florida, hereinafter referred to as the "PBA," Association, or Union, for the purpose of setting forth the Parties' Agreements regarding rights, wages, hours, terms and conditions of employment, and benefits. 1 Page 182 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 2 RECOGNITION AND NOTICE The City recognizes the Palm Beach County Police Benevolent Association ("PBA") as the exclusive representative for the purpose of collective bargaining with respect to wages, hours and terms and conditions of employment for the bargaining unit consisting of all full time sworn police officers within the following job classifications: Police Officer and Detective, or as modified by PERC. The term "member" or "employee" will mean any member in the bargaining unit. The PBA recognizes the City Manager, the City's chief executive officer, or his/her designee(s) as the exclusive City representative(s) for the purpose of collective bargaining with respect to the wages, hours and terms and conditions of employment of PBA bargaining unit employees. All notices concerning the wages, benefits, and conditions of employment of bargaining employees to the PBA will be addressed to the attention of PBA President with a copy to the PBA General Counsel and mailed or delivered to 2100 N. Florida Mango Road, West Palm Beach, FL 33409. If changes occur, the PBA will advise the City in writing of the names and addresses of other PBA representatives, if any, who are authorized to accept notices from the City. Notice by the City to anyone other than those persons designated by the PBA does not satisfy legal notice and is not binding on the PBA. All notices to the City will be addressed to the City Manager with a copy to the City's Human Resources Director and mailed to P.O. Box 310, Boynton Beach, FL 33425. If changes occur, the City will advise the PBA in writing of the names and addresses of other City representatives, if any, who are authorized to accept notices from the PBA. Notice by the PBA to anyone other than those persons designated by the City Manager does not satisfy legal notice and is not binding on the City. 2 Page 183 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 3 NON-DISCRIMINATION The City will not interfere with the rights of officers to become members of the PBA, and there shall be no discrimination, interference, restraint or coercion by the City, or any City representative, against any officer because of membership or because of any activity in any official capacity on behalf of the PBA. The PBA shall not discriminate against any bargaining unit member who fails to join the PBA, as provided by law. The sole remedy for charges in this paragraph is the filing of an Unfair Labor Practice (ULP). The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA shall work jointly to eradicate discriminatory conduct in the workplace. To that end, the City and the PBA agree that both Parties have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination. Discriminatory conduct means any communication, verbal or non-verbal, which is unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, gender, gender identity or expression, national origin, physical or mental disability, sexual orientation, age, marital status, or any other unlawful factor. Alleged violations of this section shall not be subject to the grievance and/or arbitration procedure established herein; rather, they may be filed with and remedied by the appropriate local, state, and/or federal agency. Sustained allegations of violations of this paragraph resulting from an internal investigation remain subject to the grievance and/or arbitration procedures established herein. Bargaining unit members have an affirmative duty to report any discriminatory conduct to the City's Director of Human Resources and Risk Management and Internal Affairs. Complaints of Alleged Violations of EEOC Laws Any investigation into a complaint of a Law Enforcement Officer's alleged violation of any provision of a law/regulation under the purview of the Equal Employment Opportunity Commission (EEOC) requires involvement and oversight by the City's designated EEO Officer: the Director of Human Resources and Risk Management. As such, the Director of Human Resources and Risk Management shall be immediately notified by the Police Chief (or Acting Police Chief) of any such complaint/allegation made against a Law Enforcement Officer and of the opening of an Internal Affairs case/investigation related to such complaint/allegation. The Director of Human Resources and Risk Management is subject to all confidentiality requirements applicable to Internal Affairs investigations and the penalties for violating any such provision. The Director of Human Resources and Risk Management shall have immediate access to and shall promptly review the complaint/allegation and any information provided in connection with the complaint/allegation. Internal Affairs investigator(s) shall then confer and consult with the Director of Human Resources and Risk Management on all aspects of the investigation. The 3 Page 184 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Director of Human Resources and Risk Management may be present at any investigatory interview/interrogation but may not directly question a member during that interview unless requested by the member. Any complaint of a Law Enforcement Officer's alleged violation of any provision of a law/regulation under the purview of the EEOC that is made directly to, or filed directly with, a member of the City's Human Resources and Risk Management Department shall be immediately referred to the Police Chief (or Acting Police Chief). The City shall follow all provisions of law set forth in Florida Statutes, Sections 112.532, 112.533, and 112.534, commonly known as the "Police Officers Bill of Rights," throughout the investigation. 4 Page 185 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 4 DUES DEDUCTION The City will deduct Union dues from the pay of any bargaining unit member who voluntarily requests such deductions upon receipt of a notice from the PBA and approval by the City. The total amount of deductions shall be remitted each month by the City to the Treasurer of the PBA. This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30) calendar days after notification of the revocation of the authorization to deduct by the employee. 5 Page 186 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 5 UNION BUSINESS Section 1. Elected PBA representatives who are on duty may be granted paid leave to engage in representation activities on behalf of the PBA or any member as follows: A. Engaging in collective bargaining with the representatives of the City. B. Processing of grievances. C. Accompanying a fellow bargaining unit member when: 1. The member is required to appear at a hearing related to a grievance. 2. The member is presenting or responding to a grievance. 3. The member is subject to questioning and believes (s)he may be disciplined. The City may negate the member's concern regarding discipline by written confirmation to the officer that (s)he will not be disciplined based on answers provided in the questioning. 4. The member is attending a pre -determination hearing. The City may deny a request for time off if it interferes with productivity or staffing needs. However, the exercise of such right on the City's part shall not allow the City to proceed in a manner which deprives the employee of his or her right of representation. A PBA representative employed by the City may be permitted to take unpaid leave to attend functions of the PBA. If the leave results in the City incurring overtime directly related to the absence, the City will not approve the request. Section 2. No employee may engage in PBA business or use City equipment or property while on duty except as referenced in Section 1. 6 Page 187 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 6 BULLETIN BOARD The City will provide bulletin board space; one in the Line Up Room and one in the Investigative Services Section for the exclusive use of the PBA, for posting bulletins, notices and other union material. The Union will supply locking style bulletin boards. A notice or item placed on the bulletin board shall bear, on its face, the legible designation of the PBA responsible for placing of this notice or item on the bulletin board. The Union will hold harmless and indemnify the City for all claims or actions arising from materials placed on the bulletin board. 7 Page 188 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 7 ASSIGNMENT PAY Employees may be assigned to or removed from specialty units at the discretion of the Chief of Police. With the exception of assignments to K-9, marine and motorcycle, assignments may not be declined if the assignment has been posted and less than two members apply for the assignment. An assignment taken involuntarily will not exceed 90 calendar days in total. Removal from an assignment is not subject to grievance. Only the following assignments have a temporary monetary benefit, which ends when the employee is removed from the assignment: ASSIGNMENT: MONETARY VALUE: FTO/PTO 7% when actively training for one or more full shifts. SWAT (Special Weapons & Tactics) HNT (Hostage Negotiation Team) 10% when engaged in actual response; not training. 10% when engaged in actual response; not training. K-9 and Therapy Dog Unit Employees assigned to the K-9 Unit or to work with a therapy canine will receive one (1) hour of overtime for K-9 care, equipment maintenance and vehicle cleaning for each regular day off, vacation day when the dog is not kenneled or otherwise boarded. K-9 officers will be allowed one (1) hour of duty time per work day to tend to K-9 care, equipment maintenance and vehicle cleaning. Employees on vacation will be credited one (1) hour per day for K-9 care, equipment maintenance and vehicle cleaning. Acting Sergeant Detectives 7% No further promotions to the rank of Detective First Grade (DFG) will occur (the rank had been eliminated). The members that had been promoted into that position are grandfathered in and have a base hourly rate of pay that is ten percent (10%) higher than the Officer's step 10. 1 See Appendix 1 for FTO & PTO program guidelines. 8 Page 189 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 8 VACANCIES AND PROBATION Section 1. Vacant positions shall be filled by the City through recruitment and selection of employees on the basis of their qualifications and relative knowledge, abilities, and skills. The decision to fill a vacant position is reserved to the discretion of the City Manager. Section 2. Veterans' Preference: The City complies with all Veterans' Preference requirements pursuant to Chapter 2021-57, Laws of Florida and F.S.S. 295.07. Section 3. Police Officer Recruits that are sponsored by the agency have a probationary period of one year that starts after passing the FDLE certification exam. Section 4. All newly hired certified officers have a probationary period of one (1) year from the date of hire. Section 5. Probation may be extended for the following reasons with concurrence of the Police Chief, Human Resources Director, and City Manager: a. For reasons of performance, probation may be extended for an additional ninety (90) days. b. For any extended absence in which the employee is unable to fully participate in training and/or does not have sufficient time in service in which to be evaluated, probation may be extended for an amount of time deemed reasonable by the City, but not to exceed the total length of cumulative absences. c. The City's right to extend the probationary period of an employee does not create a right or entitlement of the employee to have their probationary period extended. 9 Page 190 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 9 MANAGEMENT RIGHTS It is the right of the City to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the Cityto direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. However, the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of any collective bargaining agreement in force. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement or limited by law shall remain with the City. 10 Page 191 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 10 HOURS OF WORK AND OVERTIME Section 1. The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 28 day work cycle. The work cycle per bargaining members assigned to 8 and 10 hour shifts is a 7 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 11.5 hour shift will be paid overtime for all hours worked in excess of 161 hours in a 28 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 8 or 10 hour shifts will be paid overtime for all hours worked in excess of 40 hours in a 7 day work cycle. For purposes of calculating overtime, only hours actually worked, or hours worked for Department authorized training shall be counted as hours worked. Overtime pay, when so granted, will normally be contained in the member's next regular pay check following the time worked. Employees who are in an on -duty status within seven (7) minutes either prior to or after their shift will not be eligible for overtime pay. Employees who are in an on -duty status more than seven (7) minutes either prior to or after their shift must be so only with the Supervisor's approval in order to be eligible for overtime pay. The City may round start and end time of work and round to the quarter hour consistent with 29 C.F.R. § 785.48. Example: 6:53-7:07=7:00 7:08-7:22=7:15 7:23-7:37=7:30 7:38-7:52=7:45 Section 2. Pursuant to Article 9, it is a Management Right to establish and change the starting and ending times. Individual work schedules maybe flexed (hour for hour) by personnel assigned to specialty units, upon request by the employee and mutual agreement between employee and supervisor. Flexing of time must occur only within a single work week. Uniform Services (group) shift schedules shall not be changed without the City providing thirty (30) calendar days of advanced notice to the Union of the change. 11 Page 192 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Section 3. Shift Vacancy Procedure: Step 1: Vacancies will be filled with the off -going shift platoon by seniority. Step 2: These vacancies will be first offered to all Road Patrol Officers called in through seniority list. A. The list will start with the most senior road patrol officer eligible to work call- back overtime by ID number. B. In the event the shift vacancy is filled, the list will reset to the most senior road patrol officer. Step 3: All other personnel eligible for call-back overtime by seniority. A. Must be eligible to work the entire shift vacancy. Step 4: Detective First Grade personnel called in by seniority. A. Must be eligible to work the entire vacancy. Step S: Ordered in by reverse seniority. Section 4. No member of the Bargaining Unit shall be required or allowed to work more than eighteen (18) continuous hours except during a declared emergency or during an ongoing immediate investigation or when overtime is required to complete an on -duty assignment, i.e. late arrest. Members of the Bargaining unit acknowledge that they have an obligation to come to work physically and mentally prepared to efficiently and effectively carry out their responsibilities. For the purpose of this Section, work means regular assigned duties and detail assignments. The continuous eighteen (18) hours does not include time spent in court, depositions, filings, and similar judicial responsibilities. Members who work eighteen (18) hours continuously within the past twenty-four (24) hours must remain off duty for a minimum of six (6) hours. Section 5. An employee may engage in outside employment, (including off-duty detail or self-employment) with the approval of the City Manager and with the understanding that the employee's primary duty, obligation and responsibility is to the City. Outside employment shall not be permitted when the City Manager determines that such outside employment would result in a conflict of interest, interfere with the employee's City work schedule, or otherwise be a conflict with the employee's employment with the City. To request approval, an employee should: (a) File an "Outside Employment Request Form & Affidavit" with the Human Resources Department. The employee must notify the Human Resources Department of changes in conditions of any outside employment. (b) Make arrangements with the outside employer to be relieved from duty if called for work by the City. (c) An employee must report all injuries sustained during any outside employment to the employee's Sergeant and to Risk Management prior to the employee's next scheduled 12 Page 193 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 work day at the City. An employee's failure to report an injury sustained during outside employment shall be grounds for corrective action. 13 Page 194 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 11 WAGES Section 1. Effective October 1, 2022 the following Step Pay Plan is in effect: • Year One: On October 1, 2022, each bargaining unit member will be placed in the step that corresponds with his/her current years of sworn service at the City. On the anniversary date of the member's sworn service date, (s)he will advance to the next step. There is no payment or advancement beyond Step 10. Salary $ 62,451.00 $ 65,573.55 $ 68,852.23 $ 72,294.84 $ 75,909.58 $ 79,705.06 $ 83,690.31 $ 87,874.83 $ 92,268.57 $ 96,882.00 $ 101,726.10 • Year Two: On October 1, 2023, each bargaining unit member will be placed in the step that corresponds with his/her current years of sworn service at the City. On the anniversary date of the member's sworn service date, (s)he will advance to the next step in the pay plan. There is no payment or advancement beyond Step 10. Salary $ 64,949.04 $ 68,196.49 $ 71,606.32 $ 75,186.63 $ 78,945.96 $ 82,893.26 $ 87,037.93 $ 91,389.82 $ 95,959.31 $ 100,757.28 $ 105,795.14 14 Page 195 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 • Year Three: On October 1, 2024, each bargaining unit member will be placed in the step that corresponds with his/her current years of sworn service at the City. On the anniversary date of the member's sworn service date, (s)he will advance to the next step in the pay plan. There is no payment or advancement beyond Step 10. Salary $ 66,898.00 $ 70,242.00 $ 73,754.00 $ 77,442.00 $ 81,314.00 $ 85,380.00 $ 89,649.00 $ 94,132.00 $ 98,838.00 $ 103,780.00 $ 108,969.00 Section 2. Grandfathered Detectives First Grade are paid at an hourly base rate that is ten percent (10%) higher than the step rate that corresponds to their current total years of sworn service at the City. Section 3. The starting rate of pay for newly hired police officers, who were actively employed for a minimum of two (2) years as a certified law enforcement officer with a comparable agency, will be calculated as follows: • Upon hire, officer will start at Step 0. • Upon completion of probation, the officer is eligible to advance one (1) step for every two (2) full years of prior comparable certified law enforcement service, to a maximum of Step 3. 15 Page 196 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 12 SENIORITY Section 1. Seniority consists of continuous accumulated paid sworn service with the Boynton Beach Police Department. Seniority shall be computed from the date of appointment. Seniority shall accumulate during absences because of illness, injury in the line of duty, vacation, military leave or any other authorized leave of absence. Section 2. The City agrees that seniority shall govern, or in the case of layoffs be a factor in, the following matters: A. Layoffs will be in the following order: By reverse seniority. Members who have been laid off are subject to recall for up to one (1) year. B. Semi -Annual Shift Bidding Process. If a member voluntarily transfers back to Road Patrol from a Specialty Unit, his/her shift will be assigned by the Chief of Police (or Designee) based on operational needs. C. Any special event (Holiday Parade, July 4th, or any other event) shall be offered through a rotating list of bargaining unit personnel based upon Department seniority. This section does not apply to special event which require specified and established training and skills. Section 3. Assignments to platoons, divisions, and units, is a management right. Seniority will be given great weight in the selection process, after qualifications and balance of personnel are considered. Seniority may not in all cases be a prevailing qualification or the sole basis for the selection. The decision may be reviewed upon request by the Chief of Police who has the final decision. Section 4. In the event of a declared emergency alternate shifts or work schedules may be adopted by the Chief of Police as needed. Section 5. Employees who separate from employment with the Boynton Beach Police Department and thereafter return to employment shall not be permitted to bridge seniority. 16 Page 197 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 13 ADDITIONAL MONETARY BENEFITS Section 1. Compensatory Time (a) Bargaining unit members may be eligible for compensatory time accrual at the discretion of the Police Chief (or Designee) for participating in required educational and/or required training activities, special projects, and/or events. In addition, members are eligible to convert any overtime hours to compensatory time, subject to the following: i. All compensatory time will be earned/accrued at the rate of one and a half (1.5) times for each one (1) hour worked [in quarter (0.25) increments] and with a maximum accrual cap of two hundred forty (240) hours. ii. When a member's compensatory time accrual balance reaches two hundred forty (240) hours, the member is no longer eligible to accrue compensatory time until the accrual balance falls below one hundred ninety-five (195) hours. The member is also required to schedule and use a minimum of forty-six (46) compensatory time hours within the next one hundred eighty (180) days. iii. In the event the member fails to schedule and take a minimum of forty-six (46) compensatory hours during the one hundred eighty (180) day period, dates will be scheduled by a Command Staff member and required to be taken as scheduled. iv. Reasonable compensatory time requests of one (1) day that are denied for operational reasons will be considered for payout up to three (3) times during each fiscal year. V. Members are prohibited from using compensatory time for the same hours that the member also is actively performing work for the City (exclusive of off- duty details). (b) A bargaining unit member who is promoted to a position outside of the Police Officers & Detectives bargaining unit, or who separates from employment, will be paid the balance of all unused compensatory time at his/her last hourly base rate of pay in the Police Officers' or Police Detectives' rank. Section 2. Call Back A notification/call-out may be done by e-mail if a shift vacancy is expected/known prior to forty- eight (48) hours of the shift needing coverage. This notification would be for all members, including the off -going shift. Call back is defined as any time an officer is called into work when he/she is off duty, or when the work time is not contiguous with his/her assigned shift. In the event of call back, the employee shall be compensated for the actual time worked, but not less than three (3) hours at the rate of pay one and one-half (1.5) times his or her regular rate of pay. 17 Page 198 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 When an officer is called for call back (s)he will be guaranteed a minimum of three (3) hours at time and one-half, and at his/her supervisor's discretion, the officer may be required to work the entire three hours or longer. When an officer is called for call back, his/her supervisor will indicate as to whether or not (s)he should arrive in uniform or in plain clothes, if the option is available. Section 3. Court Time A. Court time will be paid at time and one-half when the officer is not on his regular assignment. An officer on court time will be compensated a minimum of three (3) hours at time and one-half. B. An employee who has been instructed to remain on standby for court appearance purposes during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When an employee is required to stand by for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight time. If an officer does go to court he will be paid for the court time indicated in Section A and not receive standby time pay. C. Bargaining unit members may report directly to court without prior check in at the police station. Members are still required to document their attendance at the court house and submit documentation to the Department. Section 4. On Call Any bargaining unit member who is on an "on-call" status (other than court time as outlined in Article 14, Section 3) shall receive compensation of one hour of pay at time and one half for each day (24-hour period) (s)he is on call. No member will be placed in an on-call status without the approval of a Command Staff member. Section 5. Shift Swaps The City will establish the hours of work best suited to meet the operational and fiscal needs of the Department. Any officer who accepts and participates in a shift swap will follow the proper protocol. No officer shall pay or otherwise compensate a fellow officer for swapping shifts. If the officer is sick and cannot meet his/her obligation to work the shift, they are permitted to find a replacement without penalty. If any officer abuses this privilege by calling in sick the first time, they will lose the sick time (per hour) and be suspended from shift swaps for three (3) months. The second subsequent sick call will be a six (6) month suspension from shift swaps, and the third sick call could force the member to be permanently disqualified from shift swaps. The member calling in sick will not be penalized if they provide a legitimate excuse or provide documentation of being sick. 18 Page 199 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Section 6. Shift Changes - Employer An officer will be given adequate advance notice as determined by the Police Chief of any change in his/her regular hours of work except when an emergency exists. Notice given that is less than forty-eight (48) hours before any changed schedule (assignment days or days off) is to take effect entitles the officer to receive compensation at the rate of one and one-half (1.5) times his/her regular hourly rate for the first day of his/her tour of duty. Section 7. City Business Outside of Palm Beach County The City agrees that any member who is required to be out of Palm Beach County to attend court proceedings as a representative for the City, seminars, or for any other reason as a result of his/her official City duties as a police officer (s)he will be paid his/her regular rate of pay for each day or partial day required for said purposes. Any travel outside of the State of Florida requires the City Manager's written approval prior to the purchase or payment of any fees for registration, travel, and/or accommodations. Section 8. Continued Service Incentive Following October 1, 2022, on the anniversary date of the member's sworn service date, in recognition of the continued service and of the value that experienced Officers and Detectives provide to the Police Department, the City will provide a Continued Service Incentive at the following milestones, as an annual incentive payment on the member's said anniversary date': Years Amount 11-15 $ 750.00 16-20 $1,500.00 21+ $3,000.00 Section 9. Language Proficiency Incentive Members who are proficient/fluent in speaking, reading, writing, and understanding oral communications in the languages of Creole or Spanish and who have successfully passed a language proficiency test through a vendor approved by the City and the Union are eligible to receive a Language Proficiency Incentive' of fifty cents ($0.50) per hour. [Note: The City and Union will collectively determine the standard proficiency level required for incentive eligibility once a vendor(s) has been selected. The final incentive details will be completed and available for implementation no later than November 15, 2022.1 ' The continued service incentive and language proficiency incentive will be included in the definition of pensionable earnings (total cash remuneration), as permissible. 19 Page 200 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 14 UNIFORMS Section 1. After a Bargaining unit member's initial allocation of uniforms, the City will provide three (3) full uniform sets and two (2) pairs of shoes per fiscal year. Purchase of shoes shall be limited to $150.00 per pair. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Police Chief (or Designee), and if adequate funds are available in the City Budget. Members of the bargaining unit assigned to plain clothes duty will receive up to a total of $1,600.00 a fiscal year, limited to $400.00 installments at the end of each quarter, in lieu of uniforms for clothing used at work. Section 2. Reimbursement, replacement or repair of personal clothing and equipment will be according to current department policies and procedures. The replacement will require the approval of the Chief of Police. The Detective or Uniformed Officer claiming a replacement will be required to include, with his/her claim, an explanation of the circumstances of the damage and appropriate reports concerning the incident where damage to his uniform took place. This allowance shall commence from the date of assignment on a pro -rated basis. Uniformed Officers assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accord with the above for the three (3) months and pro -rated thereafter. Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall notify those employees that are eligible, to take their uniforms only to the approved dry-cleaning establishment in Boynton Beach selected by the City. Detectives and other members assigned to plain clothes will be given a cash cleaning supplement equivalent to the cleaning benefit provided to uniform officers. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro -rated basis. 20 Page 201 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 15 ANNUAL OCCUPATIONAL FITNESS EVALUATIONS Section 1. Physical Evaluation: A. Mandatory Participation Due to the importance of certification of fitness for duty, bargaining unit members are required to attend and participate in an occupational fitness evaluation as scheduled, once per term of this Agreement. [Note: The City and Union agreed that all members who were active on or before August 26, 2022, are required to participate in the occupational fitness exams that are scheduled from October 3, 2022 through October 21, 2022, and such participation will satisfy the member's mandatory participation requirement for the term of this Agreement.] B. Voluntary Participation Members of the bargaining unit may voluntarily participate in this exam process during years in which a member is not required to participate, pursuant to Section 1.(A) of this Article. (1) In order to voluntarily participate, a member must notify the Director of Human Resources and Risk Management by email no later than May 11t of each year of this agreement. (2) Due to the advanced notice required to schedule these exams through the vendor and the cost to the City, voluntary participation status is "locked in" as of May 1st of each year and no changes/cancellations will be accepted after that date. (3) In the event a member who voluntarily elected to participate decides not to participate after May 1st, but prior to completing any portion of the exam, the member is responsible for reimbursing the City for the total cost of the exam through either a payroll deduction or by a check made payable to the City of Boynton Beach, within thirty (30) days of cancellation. [Note: The per member cost for the exam for FY 2022-2023 is $420.001 In no instance will the reimbursement cost be greater than $420.00. The Director of Human Resources may waive the reimbursement cost at his/her discretion based on the unit member's explanation of cancellation, if one is provided. (4) A member who voluntarily elects to participate and completes any portion of the exam process is then subject to the same provisions as those who are required to participate. C. Miscellaneous Provisions In any instance where a bargaining unit member completes an evaluation off duty, (s)he will receive compensation equaling two (2) hours at a rate of one and a half (1.5) times the bargaining unit member's hourly rate of pay. 21 Page 202 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 (1) It is the responsibility of the bargaining unit member to ensure that this physical evaluation and all follow-up testing required solely as a result of being found "unfit for duty" by a medical doctor are completed in a timely manner and as scheduled. (2) Failure to attend, and/or participate in the mandatory occupational fitness evaluation as required will result in the bargaining unit member being placed on a "no work" status until the evaluation is complete. Compensation for time in a "no work" status will be through the use of only accrued and unused sick leave, compensatory time, and vacation leave (in that order). If all aforementioned leave time is exhausted, the bargaining unit member will be placed in an unpaid status until such time that the full evaluation and any required follow up is completed. (3) For the term of this Agreement, the City will contract with a qualified medical provider to perform occupational fitness evaluations. Records associated with this physical evaluation and any follow up evaluations required solely in connection with the return to work of an employee who was found to be "unfit for duty" are provided to the Director of Human Resources and Risk Management, who will ensure the records are properly maintained in the employee's confidential medical file, which is separate from the employee's personnel file. Further, an employee who was found to be "unfit for duty," or who was recommended for referral to another medical provider, may be contacted by Human Resources and Risk Management regarding ADAAA, FMLA, and/or Workers' Compensation. Section2. Immunization: The City shall provide opportunity for members to receive immunizations during the term of this Agreement for all members as a means of protection from the following: • Hepatitis —Type B: Available to all bargaining unit members o Members who refuse to be immunized for Hepatitis Type Band who later contract that disease shall not be presumed to have contracted the disease while on duty. • Hepatitis —Type A: Available to all bargaining unit members. o Members who refuse to be immunized for Hepatitis Type A and who later contract that disease shall not be presumed to have contracted the disease while on duty. • The City shall offer flu shots for all members as a means of protection from contracting the flu while working during flu season. Section 3. Other Testing: 22 Page 203 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 • The City shall provide lead testing for Range Instructors. • The City will provide for AIDS and Hepatitis screening in instances where a member is exposed to situations or persons presenting such biological contamination threat. Section 4. Exposures: The City acknowledges and complies with all statutory notice requirements and presumptions regarding exposures in the line of duty. 23 Page 204 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 16 GROUP INSURANCE Section 1. Medical, Dental, and Vision Insurance The sole medical benefit plan currently available to employees is a High Deductible Health Plan (HDHP). The cost for "employee only" coverage for the HDHP medical, dental, and vision insurance premiums shall be paid by the City for bargaining unit members while they are employed by the City. Members are responsible for the cost of covering dependents on these plans. The City Commission, through the Annual Budget process, may appropriate funds to subsidize employees' premium costs for employees who cover dependent children on their City medical plan. Any subsidy offered does not extend beyond the plan year for which it is budgeted, and the offering of, and/or amount of, any such subsidy is not subject to negotiation. Medical Insurance: HSA Contributions: The City will contribute an annualized total of one thousand five hundred dollars ($1,500.00) into a bargaining unit member's Health Savings Account (HSA) on the first full pay check date following January 1st of each year of this Agreement. i. In order to be eligible for the annual HSA deposit above, a bargaining unit member must have been actively employed with the City on September 30' of the preceding year to receive the next following contribution. ii. The IRS prohibits members who have medical insurance through Medicare, Tricare, or Tricare for Life from contributing or receiving contributions into an HSA plan; therefore, the City will provide the cash equivalent in the member's first full paycheck following January Vof each year of this Agreement. a. In order to receive this payment, the member must email the Director of Human Resources and Risk Management no later than November 30' of each year of this Agreement with documentation that shows the member is covered on one of the aforementioned plans. New Hires: Bargaining unit members hired on or after October 11t of each year, and who elect to be covered on the City's medical insurance, will accrue one hundred and twenty-five dollars ($125.00) per active month of service for the City to deposit into their HSA through September of that plan year. This initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. 24 Page 205 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Leave Time Conversion to HSA: The City will provide opportunities to convert an annualized total of up to one thousand five hundred dollars ($1,500.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. This conversion can be done at the following times during each plan year (2022, 2023, 2024, and 2025): i. October 1st — November 15th (any amount up to an annualized total of $1,500.00). ii. April 1st — April 30th (any amount up to an annualized total of $1,500.00). iii. "Annualized" means plan year/contract year/fiscal year (October 1st through September 30th) Section 2. Life Insurance: Bargaining unit members are provided with a thirty-five thousand dollar ($35,000) term life and accidental death policy with the premium paid by the City. 25 Page 206 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 17 LEAVES Section 1. Vacation A. Accrual: 1. Bargaining unit members accrue vacation hours each pay period when they are in an active paid status of twenty-four (24) or more hours in a work week. No member may use more vacation leave than (s)he has accrued. The chart below shows the maximum annual accrual of vacation hours based on years of service: Years of Service Vacation Hours 1 year 96 2 years 120 3 years 120 4 years 128 5 years 136 6 years 144 7 years 152 8 years 160 9 years 168 10 years 176 11 years 176 12 years 176 13 years 176 14 years 176 15 years 176 16 years 192 17 years 192 18 years 192 19 years 192 20 years 192 21 years & after 200 2. A bargaining unit member may accrue vacation hours up to the Allowable Maximum: the total vacation hours (s)he accrued in his/her two (2) most recent years of employment. During the fiscal year, vacation hours may accrue beyond the Allowable Maximum; however, any accrued and unused vacation hours exceeding the Allowable Maximum on September 30' of each year will be forfeited. B. Requests: 26 Page 207 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 1. Vacation requests may be submitted from 14 - 105 days in advance for vacation. In the event of conflicting requests for vacation dates, the senior member's request shall prevail provided the more senior member's request was submitted ninety (90) days prior to the date(s) requested. 2. Vacations of two (2) days or less may be made with twenty-four (24) hours of advance notice. 3. Request for emergency vacation leave will considered individually by the Chief. 4. A bargaining member who is absent without approval will not be compensated for the time absent and may be subject to disciplinary action. C. Bonus Vacation Hours: Members are eligible to accrue up to eight (8) Bonus Vacation Hours on a quarterly basis by participating in and/or meeting certain benchmarks in department and City safety and wellness incentives. Details of each quarter's incentive program benchmarks will be provided and published. Section 2. Sick Leave A. Accrual: Bargaining unit members will accrue sick leave on a bi-weekly basis (3.69 hours) for an annualized total of ninety-six (96) hours per year. In order to receive accrued sick leave in a work week, a member must have been in an active paid status of twenty-four (24) hours or more. No member may use more sick leave than (s)he has accrued. B. Notice of Use of Sick Hours: Unscheduled Sick: A member shall notify his/her immediate supervisor or designee, in a manner provided for by management, of his/her illness not less than sixty (60) minutes before the start of his/her scheduled shift. If a member fails to call in within the specified time, the member may be subject to progressive discipline. This notice procedure shall be followed for each day the member is unable to report to work unless the member has been authorized by Human Resources and the City Manager for an extended leave of absence. Scheduled Sick: A member may request, with a minimum of forty-eight (48) hours of advanced notice, to use scheduled sick hours for medical, dental, optical, appointments and/or procedures. Documentation to support payment under the "scheduled sick" pay code must be provided with payroll. Unsubstantiated use of such time will result in the time being recoded to "sick." 27 Page 208 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Sick hours may be requested and/or utilized upon approval of the Police Chief (or Designee) for the following reasons: 1. Member's health, or up to forty (40) hours per fiscal year for illness of immediate family member: the member's parent, spouse, or child. 2. Medical, dental, or optical treatment that is determined in writing by a physician to be necessary and must be performed during working hours. 3. Quarantine due to exposure to contagious disease. 4. In connection with a member's Workers' Compensation case, where (s)he has declined a light duty assignment or where no such assignment is available. 5. In connection with an approved Family and Medical Leave Act (FMLA) leave for a serious medical condition of the member, or the member's immediate family member, as defined in (FMLA). The following conditions may be deemed as excessive/abusive use of sick leave and may result in a referral to Human Resources for FMLA and/or progressive discipline: 1. Members who have developed a pattern of sick leave usage. 2. Members who are required to use vacation leave in lieu of or in supplementation of sick leave to compensate for absences (except approved FMLA). C. Documentation Required: For any use of sick time in excess of three (3) consecutive workdays, a member is required to provide written medical certification to the Human Resources and Risk Management Department upon return to work. Additionally, a member who calls out sick after being ordered to work a holiday, special event, or other mandatory assignment, is required to provide a doctor's note to Human Resources and Risk Management upon return and to notify their immediate supervisor that this documentation has been submitted. "Consecutive work days" means any day for which a member was scheduled to work, including additional or "overtime" shifts. D. Payout of Sick Leave 1. Members who are terminated from the City are not eligible for a payout of sick leave. 2. Members will have payment made for their accrued and unused sick hours, at the percentage specified in the table below, upon resignation, retirement, 28 Page 209 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 change in status from full time to part-time, or death. (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the appropriate Pension Plan). Continuous Years of Service Less than 5 full years years but less than 10 full years More than 10 full years Upon retirement from the City Percentage of Sick Leave Payout 0% 25% 50% 50% 3. An employee retains his/her accrued and unused sick hours while employed in a full-time position with the City. If an employee's status converts to a part- time position, whether voluntarily or involuntarily, (s)he will have his/her accrued and unused sick leave paid out pursuant to the aforementioned table. E. Sick Leave Conversion: Members who have more than one hundred twenty (120) hours of sick leave as of September 11t of any contract year may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed eighty (80) hours. This conversion payout will occur by September 30tH F. Sick Leave Donations: Sick Leave Donations are available pursuant to City policy. Section 3. Personal Leave At the sole discretion of the Police Chief (or Designee), a member may be granted up to sixty (60) hours of paid personal leave in a fiscal year. There is no entitlement to Personal Leave, and the Police Chief's approval of or denial of such leave is not subject to grievance. Section 4. Bereavement Leave In the event a member has experienced the death of his/her mother, father, foster parent, step-parent, brother, sister, husband, wife, registered domestic partner, son, daughter, grandparents, grandchildren, mother-in-law, father-in-law, sister-in-law or brother-in-law, or grandparent of spouse or registered domestic partner, a member may use paid compassionate leave not to exceed three (3) consecutive shifts for any one death. However, if it is necessary for the member to leave the State in connection with the internment of the deceased, the member may use an additional two (2) consecutive shifts. Members must submit proof of death within thirty (30) days in order to be eligible for paid compassionate leave. The City Manager may grant additional compassionate leave at his/her sole discretion. 29 Page 210 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 18 HOLIDAY PAY Section 1. Bargaining Unit Members will receive Holiday Pay in the following manner: A. The second paycheck in October, members will receive 90 hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Veterans' Day o Thanksgiving Day o Day After Thanksgiving o Christmas Eve o Christmas Day o New Year's Day B. The second paycheck in January, members will receive 90 hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Martin Luther King, Jr. Day o Presidents' Day o Memorial Day o Juneteenth o Independence Day o Labor Day Section 2. Bargaining Unit Members must be actively employed on the paycheck date in order to receive the Holiday Pay in Section 1. Section 3. Bargaining Unit Members who leave employment must pay back any holidays for which they were paid but were not employed on date of holiday. This payment will be deducted from the member's final pay check at the hourly rate at which the holiday was paid. Section 4. New Hires will receive Holiday Pay on a pro -rated basis on the first paycheck of the month following date of hire. The proration will be calculated as follows: A. If hired between October 11t and January 1st, (s)he will receive Holiday Pay for only the holidays in Section 1A that occurred while (s)he was actively employed. 30 Page 211 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 B. If hired between January 2nd and September 30', (s)he will receive Holiday Pay for only the holidays in Section 1B that occurred while (s)he was actively employed. Section 5. There is no additional pay, premium or otherwise, for time worked on City - observed or actual holidays. Section 6. There is no pay, premium or otherwise, to Bargaining Unit Members who do not work on City -observed or actual holidays. Section 7. Members with non -road patrol assignments whose scheduled work day falls on a City -observed holiday may have the following options (based upon scheduling approval of Supervisory Chain of Command): a) Work on the City -observed holiday and get paid at straight time for the actual hours worked, or b) Not work on the City -observed holiday and request to use paid leave (such as available comp time or vacation leave) to be compensated for the hours, or c) Not work on the City -observed holiday and be in an unpaid status for those hours (absent any request to use available paid leave), or d) With advanced agreement and approval from supervisor, a non -road patrol member may flex his/her schedule during any work week in which there is a City -observed holiday. 31 Page 212 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 19 FUNERAL EXPENSES Section 1. The City will make a payment of fifteen thousand dollars ($15,000.00) to the beneficiary of bargaining unit employees considered by law to have expired in the line of duty. Section 2. All employees shall complete the appropriate form to designate by name and address, the individual to whom such funds are to be paid. In the event of conflicting claims for payment, the City will interplead the funds by court proceeding if the parties with conflicting claims cannot resolve their dispute within sixty (60) calendar days. 32 Page 213 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 20 TRAINING Cartinn 1 a. Mandatory Officer Training Requirements All basic mandatory training and retraining that an officer is required to attend while off duty will be compensated at a rate of one and a half (1.5) times the officer's hourly base rate for actual time in training. b. Conferences, Seminars, Other Training/Special Programs Other off-site training/special programs, including but not limited to conferences and seminars, for which the City approves a member to attend and pays the associated expenses are exempt from compensation other than the member's hourly base rate of pay for hours of actual classes while in attendance and for any hours the member is attending that were regular scheduled work hours. The City reserves the right to flex a member's work schedule to reduce the cost of overtime that may result from a member attending such classes on non- scheduled work days. Section 2. Weapons Training The content and course of weapons training will be established by the Chief of Police. Each member will be allowed three opportunities to meet prescribed qualification standards. If the officer does not qualify in three attempts, they will be required to qualify on their own time and expense to remain eligible for employment as law enforcement officers. Section 3. College Tuition Assistance The City will reimburse eligible members for tuition pursuant to the City's Tuition Assistance Program, which is attached as Addendum "C." The provisions of this Section and Addendum "C" relate to the reimbursement assistance for General Education Core Courses and Degree Program Core Courses. For the term of this Agreement, Tuition Assistance is funded at thirty-five thousand dollars ($35,000) per fiscal year and covers members of both the Police Officers & Detectives unit and the Police Sergeants unit. The provision of the City's Tuition Assistance Program that restricts DROP participants from eligibility is not applicable to members of any PBA bargaining unit. Section 4. The City will reimburse members for authorized expenses associated with attending training and special schools as approved by the Police Chief. 33 Page 214 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 21 CAREER OFFICER PROGRAM The City and Union will continue to discuss the development of a Career Officer Program, and this Article will be reopened at the request of either party, but no later than October 2023. 34 Page 215 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 22 PERSONNEL RECORDS Section 1. A personnel file for all City employees is maintained by the City's Human Resources Department. Employees may inspect and obtain copies of personnel files in accordance with Florida Law. Section 2. Internal affairs investigatory files will be maintained in accordance with Florida State Statutes. Section 3. All bargaining unit members covered by this Agreement must be notified within twenty-four (24) hours of the request in writing (E-mail is acceptable notification) when someone other than a City employee requests to review the bargaining unit members' personnel/I.A. file, unless the file is being inspected by a governmental agency (including IRS), or state attorney, in the conduct of a lawful criminal investigation when confidentiality of the investigation is requested. 35 Page 216 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 23 LEGAL ACTION Section 1. In accordance with Florida Statutes, the City will provide legal defense for a member against any civil damage suits wherein said member is a named party and wherein the alleged damages were allegedly caused by the actions of said member while acting within the scope of his/her authority and within the course of his employment. Section 2. The City will indemnify all members against judgments for compensatory damages entered against them as a result of their actions to the extent that the City is found liable for such actions. Section 3. The City will select the Attorney who is to defend the employee relative to this Article. Section 4. The employee will be responsible for filing any counterclaims at his/her expense. 36 Page 217 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 24 DISCIPLINE Section 1. The Parties recognize that the interests of the community and job security of the bargaining unit members depends upon the City's success in providing proper and efficient services to the community. To this end, the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals of effective municipal management and public safety. The Parties recognize the need for progressive and appropriate discipline when an employee's conduct and job performance are inconsistent with said goals. Section 2. No bargaining unit member shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. The following disciplinary actions shall be utilized and, depending on the severity of the offense, the first action may be at any appropriate level including dismissal. A. Written Notice/Reprimand B. Unpaid Suspension C. Demotion D. Termination Discipline is classified as either major or minor, as follows: MAJOR DISCIPLINE is a(n): • Unpaid Suspension of more than sixteen (16) hours; • Demotion, or; • Termination. MINOR DISCIPLINE is a(n): • Written Notice/Reprimand, or; • Unpaid Suspension of sixteen (16) hours or less. Section 3. Any bargaining unit member who has been promoted, and who thereafter is demoted, shall be returned to the position and shift(s) he or she occupied immediately prior to the promotion or to a position and shift consistent with his or her seniority as a sworn officer with the Boynton Beach Police Department, whichever is more favorable for the member. Personnel re-entering the bargaining unit as provided above shall be placed in their respective Step Pay Plan based upon their completed years of sworn service with the City of Boynton Beach Police Department at the time of demotion. Section 4. No Employee shall be subject to major discipline without first being afforded a pre -determination conference with the City Manager. No pre -determination conference shall be conducted with less than fifteen (15) calendar days' notice to the Employee. 37 Page 218 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Section 5. Unpaid suspensions will be imposed in increments of eight (8) hours loss of pay. Section 6. Members will be ineligible to work off duty details during any calendar day on which they are observing a suspension. Section 7. The City will provide notice to the PBA when it completes an investigation of bargaining unit members that could result in disciplinary action or when an employee is given a suspension. 38 Page 219 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 25 APPEALS OF DISCIPLINARY ACTION Appeals of disciplinary action shall be handled as follows: MINOR DISCIPLINE: A. Written Notices/Reprimands may be submitted for review by the Chief of Police as follows: 1. Member must submit a written response to the Written Notice/Reprimand (email is acceptable) to the Chief of Police, with a copy to the Director of Human Resources and Risk Management, within fifteen (15) calendar days of issuance. 2. After review of a member's written response and within fifteen (15) calendar days, the Chief of Police may rescind the Written Reprimand. The Chief's determination will be in writing (email is acceptable) to the member, with a copy to the Director of Human Resources and Risk Management. The Chief's response may simply state the determination outcome. 3. The Director of Human Resources and Risk Management will ensure the member's employment file contains the originally issued Written Notice/Reprimand, the employee's written response, and the Chief of Police's determination to sustain, reduce, or reject the discipline. 4. Alternatively, a member is permitted to provide a written response to the Written Notice/Reprimand to both the Chief of Police and the Director of Human Resources, up to 90 days following its issuance for inclusion in his/her employment file. However, the Chief of Police will not consider reducing or rejecting discipline from any written responses received after the deadline as stated above in A(1)-(3). B. Unpaid Suspensions of sixteen (16) hours or less (following pre -disciplinary meeting under Chapter 112, Florida Statutes) may be formally appealed to the Chief of Police, whose decision shall be final. A member may submit a written response to be included in his/her employment file. 1. Following the initial pre -disciplinary meeting and receipt of final discipline, an appeal shall be filed in writing via electronic mail to the Chief of Police and the Director of Human Resources and Risk Management within fifteen (15) calendar days of notice of the unpaid suspension. 2. The Chief of Police shall render a decision within fifteen (15) calendar days of the appeal. 3. The Chief of Police's decision may be to sustain, fully reject, or lessen the discipline. The Chief of Police (or Designee) may, at the request of the member, conduct interviews with departmental staff or members of the bargaining unit as part of his/her formal 39 Page 220 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 review of the discipline and of alleged violations of this Agreement and/or Chapter 112, Florida Statutes, if applicable. MAJOR DISCIPLINE: A. Pre -Disciplinary Meeting with the Chief of Police under Chapter 112, Florida Statutes: 1. Following the initial recommendation of discipline, members may schedule and attend a Pre -Disciplinary meeting with the Chief of Police, pursuant to Chapter 112, Florida Statutes, within thirty (30) calendar days of the issuance of Major Discipline. This request must be in writing (e-mail is acceptable) to the Chief of Police with a copy to the Director of Human Resources and Risk Management. 2. After the meeting, if one is requested, or after receiving the member's written statement in lieu of a meeting, the Chief of Police will render his final disciplinary decision within fifteen (15) calendar days. 3. If a member does not request and attend a pre -disciplinary meeting with the Chief of Police, or does not provide a written statement in lieu of a meeting, within thirty (30) calendar days of the initial recommendation of discipline, then the Chief of Police's initial discipline recommendation will stand. However, the member may opt to waive the meeting with the Chief of Police and proceed directlyto the Predetermination Conference with the City Manager. B. Predetermination Conference with the City Manager: 1. Prior to the imposition of Major Discipline, a member may elect to participate in a Predetermination Conference with the City Manager. The member must request a conference with the City Manager within fifteen (15) calendar days of the final determination by the Chief of Police. 2. Members will have a minimum of fifteen (15) calendar days' notice of the date of the Predetermination Conference. 3. The City Manager will render a disciplinary decision, which is final, within thirty (30) calendar days of the predetermination conference. C. Arbitration: Following a Predetermination Conference with the City Manager, if the final recommendation of discipline remains as Major Discipline, then the matter may be referred directly to Arbitration, beginning at Step Three of the Grievance Procedures pursuant to Article 26, 5.A. 40 Page 221 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 26 GRIEVANCE AND ARBITRATION PROCEDURE Section 1. A grievance, as used in this Agreement, is limited to a complaint or request of a bargaining unit member or the PBA which involves the interpretation or application of, or compliance with, the provisions of this Agreement. Appeals of disciplinary action are not grievances but may be brought following the procedures set forth in Article 25 and Step Three (3) of this Article. Section 2. Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration. Section 3. In the event a grievance should arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. Section 4. All references to "days" in this Article shall mean calendar days. Section 5. Procedures A. Grievance Procedures Step One — Police Chief The aggrieved employee(s) or an Association representative on behalf of an aggrieved employee(s) shall file a Step One written grievance by electronic mail to the Police Chief and the Director of Human Resources and Risk Management on or by the fifteenth (15tn) day of the occurrence or on or by the fifteenth (15t") day of when the employee(s) knew or should have known of the occurrence. All grievances shall include the following: a. Statement of the grievance and the facts and circumstances upon which it is based; b. Name and rank of grievant(s); c. The Article(s) and Section(s) of the Agreement alleged to have been violated; and d. The remedy requested; All class action grievances shall also include: 41 Page 222 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 a. Statement indicating the grievance is a class action; and b. Signature of a PBA Union Official/Attorney. The Police Chief's Step One response shall be transmitted to the Union and to the Director of Human Resources and Risk Management on or by the tenth (10th) day of receipt of a grievance. If the Police Chief does not respond in writing via electronic mail, the grievance is presumed to be denied and the employee or an Association representative may advance the grievance to Step Two. Step Two — City Manager (or Designee) If no resolution is reached at Step One, the aggrieved employee(s) or the Association representative on behalf of the aggrieved employee(s) may file a Step Two written grievance by electronic mail to the City Manager and the Director of Human Resources and Risk Management on or by the fifteenth (15th) day of receipt of the Police Chief's Step One response. The City Manager (or Designee), at his/her discretion, may conduct interviews with the grievant(s), the Union representative(s), members of the bargaining unit, and/or management to discuss the grievance. The City Manager (or Designee) must notify the Union and Grievant within seven (7) days of receipt of the Step Two grievance if (s)he intends to conduct interviews. Once such notification is made, the time period for the City's Step Two response is tolled with mutual agreement by the Union until the interviews can be scheduled and conducted. The City Manager (or Designee) shall respond in writing to the Step Two grievance by electronic mail no later than thirty (30) days of receipt of the Step Two grievance or by a mutually agreed upon extended date. If the City Manager (or Designee) does not respond in writing via electronic mail, the grievance is presumed to be denied, and the aggrieved employee or an Association representative may move to the next step. Step Three — Arbitration If the grievance has not been settled by Steps 1 and 2, the PBA or the City may request arbitration within fifteen (15) calendar days of receipt of the City Manager's (or Designee's) reply or when a reply was due, if none is submitted. Following a Predetermination Conference with the City Manager under Article 25, appeals of disciplinary matters continue at this Step of the Grievance Process. Notices to the City under this section must be sent to the City Manager and to the Director of Human Resources and Risk Management, and electronic mail is sufficient. Notices to the PBA under this section must be sent to the assigned PBA attorney, with a copy to PBA President. 42 Page 223 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 B. Arbitration Procedures The Party requesting arbitration must timely file with the American Arbitration Association (AAA) or Federal Mediation and Conciliation Service (FMCS) for a panel of seven (7) arbitrators on or before the fifteenth (15t") day deadline, and a copy shall be served on the other Party. The rules for conduction of the arbitration will not be the rules of AAA or FMCS unless agreed to by the City and PBA, but will be governed by the terms of this Agreement. 1. Arbitrator Selection Each Party retains the right to reject one panel in its entirety and request that a new panel be issued at the rejecting Party's expense. The grieving party shall strike the first name with each Party alternating strikes thereafter until only one arbitrator's name remains. The last name remaining shall be the arbitrator. The arbitrator shall determine the date(s) and time(s) of the hearing subject to the availability of the Union and the City. Arbitration will be conducted at a location mutually agreeable to the City and the Union. 2. Arbitration Fees and Expenses All fees and expenses of the arbitrator shall be divided equally between the Union and the City; however, each Party shall fully bear the expense of preparing and presenting its own case, including the cost of witnesses and other people it requires to attend the arbitration. 3. Arbitrator Authority and Award The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision of the arbitrator is final and binding on the parties. If the arbitrator reverses the discipline in its entirety, the Employee will be made whole. Any and all procedures regarding arbitration which are not specifically set forth in this Section shall be governed by this Article. The decision of the arbitrator is final and binding on the Parties subject only to the rights of the parties to confirm, clarify, or set aside the award as set forth in the Florida Arbitration Code. The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if any, or of the transcript if Parties have agreed to submit the transcript in lieu of briefs. The arbitrator shall submit his/her decision in writing with a statement of findings and reasons within thirty (30) days of the receipt of briefs, if any, or receipt of the transcript if Parties have agreed to submit the arbitration transcript in lieu of briefs. 4. Other Provisions 43 Page 224 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 A transcript of the Hearing will be made, unless waived by both Parties. The cost, including the arbitrator's copy, will be shared equally bythe Parties with the PBA share not to exceed $500.00. Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the close of the Hearing or after receipt of the transcript, if a transcript is requested. By agreement of both Parties, a meeting will be held at any step of the grievance procedure. Settlement of a grievance prior to the issuance of an arbitration Award shall not constitute precedent nor shall it constitute an admission that the Agreement has been violated. A probationary employee may not grieve any matter concerning assignment, or discharge for reasons of failure to meet performance standards. 44 Page 225 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 27 PERSONAL VEHICLES Section 1. When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools, and/or seminars. 45 Page 226 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 28 DRUG TESTING The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. Bargaining Unit employees are subject to random, reasonable suspicion, and post -accident drug testing. The Drug Free Workplace Policy approved by the City and the PBA is attached as Addendum "A." 46 Page 227 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 29 POSTING OF ASSIGNMENT AND PROMOTIONAL OPPORTUNITIES Vacancies in positions or assignments will be posted in-house no less than five (5) calendar days before the application deadline for the position or assignment. Members applying for a posted position or assignment must meet the qualifications on the final day of posting; for example, while the member may not be eligible at the time his/her application is submitted, if the member will satisfy all of the qualifications by the final day of posting, then the submitted application shall be accepted and considered. 47 Page 228 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 30 COMPLETE AGREEMENT AND NON -WAIVER PROVISION Section 1. This Agreement is the complete Agreement between the parties, cancels all prior practices and agreements, and, except as expressly provided for herein, relieves the Parties of the obligation to bargain on any subject during the term of this Agreement. Section 2. There is no past practice which results in a monetary benefit except as set forth expressly in this Agreement. All bargaining unit members are covered under the terms of this Agreement, Departmental Rules and Regulations, and the City's Personnel Policy Manual and not under any Civil Service Rule/Regulation and heretofore in existence. (a) When the City intends to make changes to City or Departmental Administrative Rules or Regulations, or Procedures, the City will provide written notice to the PBA. This notice will include a description of the change and an implementation date which shall be no less than thirty (30) calendar days from the date of notice. (b) If the PBA believes that that modification constitutes a change to wages, benefits or conditions of employment, PBA will have fifteen (15) calendar days from date of notice to advise the City if the PBA is requesting pre -implementation or post implementation impact bargaining and to identity with specificity the manner in which the modification affects the rights of its members. The PBA response shall include three (3) dates and times when the PBA is available to meet with the City to discuss/bargain the modification, excluding dates in the first ten (10) days following the PBA request. When bargaining is requested, it shall begin no less than ten (10) days following the PBA's request and shall be concluded within fourteen (14) days following the first bargaining session. (c) This provision is not a waiver, restraint, or limitation on the City's management right to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. Further, this provision is not a waiver of the City's rights or the PBA's rights under Chapter 447, Florida Statutes. Section 3. Nothing in this Agreement shall be construed or interpreted as a waiver of the PBA's right to request bargaining or impact bargaining. Section 4. Nothing in this Agreement shall be construed or interpreted as a waiver or limitation on the City's management rights. 48 Page 229 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 31 SEVERABILITY Section 1. If any provision of this Agreement is found to be invalid by any courts having jurisdiction in respect thereof, such findings shall not affect the remainder of this Agreement, and all other terms and provisions shall continue in full force and effect. Section 2. In the event of such finding the Parties will meet within thirty (30) days to begin negotiations of a replacement Article or Section. 49 Page 230 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 32 DURATION This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission and shall remain in effect until September 30, 2025. No base wage increase, step, cost of living, or other compensation adjustments, except increases resulting from an assignment, shall be paid beyond September 30th of each year, except as provided in a subsequent Memorandum of Understanding or Collective Bargaining Agreement. 50 Page 231 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 33 TAKE HOME VEHICLES Section 1. The City agrees to continue the take home vehicle program during the term of this Agreement and to purchase as reasonably as possible the number of vehicles sufficient to supply eligible members of the bargaining unit. Section 2. Eligibility: • Members who reside within 60.0 miles of Police Headquarters (2100 High Ridge Road) are eligible for a Take Home Vehicle provided they: o Have successfully completed Field Training, and o Have not had their police powers suspended. • Members who are on modified/light duty related to a workers' compensation claim who do not have driving restrictions are eligible based upon availability of an unmarked vehicle. • Members who are on modified duty related to a non -work-related injury or temporary disability may be provided with an unmarked vehicle based on availability and seniority (ID number), provided their work restrictions do not prohibit driving. Section 3. Vehicles will be assigned on the basis of seniority (by ID number), with seniority bumping rights for Members transferred to patrol. Section 4. Assigned vehicles are not for personal use but for work only. Section 5. F.S. 627.7491 — Official law enforcement vehicles; motor vehicle insurance requirements: This statute took effect on July 1, 2022 and requires police departments to maintain auto insurance coverage to cover their vehicles when an officer travels to or from work in a take home vehicle. The City has the necessary insurance in place to comply with this statute. The coverage must also cover the time an officer travels to and from any other work assignment in the take home vehicle. However, there are two exceptions: 1. Coverage is not required if the officer makes any "distinct deviation for a nonessential personal errand." a. The City and Union define "distinct deviation" as any personal use of Take Home Vehicle other than de minimis use along the member's normal commute route. For example, stopping at a convenience store, bank, or fast food restaurant that is on a member's reasonable commute route is considered de minimis. 2. Coverage is not required if the officer "acts in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property." 51 Page 232 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 34 OFF-DUTY DETAILS All off-duty details (work performed for a second party employer) require prior written approval by the Chief of Police (or Designee). Police Department Index Code 712 applies except as modified in this Article. Sworn Law Enforcement Officers in positions outside of PBA bargaining units are not prohibited from participating in the off-duty details program. The City will continue coordinating off-duty details. The net rate of pay for off-duty details paid to the officer will be set by the PBA, but no less than fifty dollars ($50.00) per hour with a three (3) hour minimum. PBA may change this rate at any time with a minimum of fifteen (15) calendar days of written notice to the City. The City will act as the conduit for payment for off-duty details from the second party employer to the officer. The City may contract with a company or individual for processing. Payment to the officer is contingent on collection from the second party employer. Any payments for off duty detail work performed on behalf of a second party employer shall not be considered compensation for pension calculation purposes2. Each officer working an off-duty detail is deemed to be an independent contractor of the second party employer. However, police officers on off-duty details shall be permitted to utilize a City police uniform, radio and vehicle. For such usage, the City shall receive seven dollars ($7.00) per hour for every detail worked to offset equipment costs. Details shall be assigned only to those officers who are off duty and no officer shall accept any off-duty detail when it interferes with his/her normal working hours. No swap of time is permitted to accommodate an off-duty detail. Each officer, while working off-duty details, shall adhere to City conduct standards. Any misconduct or breach of policies, rules and regulations will be handled through the Department the same as any on -duty activity. z (4) "Compensation" or "salary" means, for non -collectively bargained service earned before July 1, 2011, or for service earned under collective bargaining agreements in place before July 1, 2011, the total cash remuneration including "overtime" paid by the primary employer to a police officer for services rendered, but not including any payments for extra duty or special detail work Performed on behalf of a second party employer. § 185.02, Fla. Stat. Ann. 88 Pension Code: Compensation or salary. The total cash remuneration including lump sum payments for accumulated sick and vacation leave and "overtime" paid by the primary employer to a police officer for services rendered, but not including any Payments for extra duty or a special detail work performed on behalf of a second party employer paid directly to the police officer by the second party employer. 52 Page 233 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Any police officer who is on sick leave, workers' compensation, or working light duty will not work any off-duty detail during that period. Any police officer on leave due to disciplinary matters shall not work off-duty details during the period of that suspension or removal from regular active duty. The Police Chief may suspend an employee's right to work off-duty details as a component of a disciplinary action oras a component of a Performance Improvement Plan as a result of a conduct violation committed while on an off-duty detail. All Bargaining unit members assigned to cover off-duty details may report directly to their assignment without prior checking in or out at the police station; however, members must advise a supervisor personally or by radio. Bargaining unit members assigned to an off-duty detail shall comply with all current City and Department policies and procedures in effect. 53 Page 234 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 35 PENSION Section 1. Recent Historical Changes During Bargaining • Bargaining Unit Members hired on or after October 1, 2015 will have a pension multiplier of three percent (3%). • The vesting period for Police Officers and Detectives hired on or after October 1, 2016 is ten (10) years. • Upon ratification of the Agreement ending September 30, 2019, the City and the Union conformed to the statutory requirement to negotiate provisions of SB 172, codified as Laws of Florida 2015-39 by entering into a Mutual Consent Agreement, which provided that the Union to pay the City a total of $60,000 in $30,000 increments in November 2017 and November 2018. • Mutual Consent Agreement, which provides that the City will receive a total of $90,000 in $30,000 increments in November 2019, November 2020, and November 2021. • Employees hired on or after October 1, 2019: Normal retirement — the earlier of age 55 and 10 years of credited service, or completion of 25 years of credited service regardless of age — Eliminating the 50 years of age with 15 years of credited service. • Employees hired on or after October 1, 2016: Early Retirement/Deferred Vested Retirement — 50 years of age with 10 years of credited service. • ALL: Maximum Retirement Benefit shall not exceed eighty-five percent (85%) provided that, in all cases, the benefit is at least 2.75% for each year of service. • ALL: Member Contributions toward Base Pension Benefit - Additional 0.5% pension contribution from all employees (excluding DROP participants) each fiscal year of the prior Agreement — Monies must be utilized for Unfunded Actuarial Accrued Liability (UAAL). • Year 1-0.5% additional contribution • Year 2-0.5% additional contribution • Year 3 —0.5% additional contribution • DROP — Employees hired on or after October 1, 2019 will receive interest at a rate of 0% - 8% depending on plan performance. These members will be required to remove their money from the DROP as stipulated in the DROP Ordinance. 54 Page 235 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Section 2. Agreed Changes During Bargaining of Current Agreement • A Mutual Consent Agreement, included as Addendum "B," provides that the City will receive a total of $150,000 in $50,000 increments in November of each year of this Agreement (2022, 2023, 2024). • DROP — Effective October 1, 2022, all active members are eligible to participate in an eight (8) year DROP with a seven percent (7%) guaranteed interest rate on their full DROP balances. Members are required to resume contributions at three percent (3%) for years six (6) through eight (8) of the DROP, if they opt to participate. Active members who have already entered the DROP are eligible to extend their DROP provided they are not required to separate from service prior to October 1, 2022. 55 Page 236 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 36 RESERVED 56 Page 237 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 37 WORKERS' COMPENSATION AND LEAVES OF ABSENCE Section 1. Workers' Compensation A. A bargaining unit member covered by Florida Statute, Chapter 440, Workers' Compensation, and in accordance with provisions set forth hereunder, shall be authorized to be absent from work due to injury or illness incurred while on duty, and directly related to work performed, until (s)he reaches maximum medical improvement or two (2) years, whichever comes first. B. The City is self-insured for Workers' Compensation. The City's Human Resources and Risk Management Department coordinates claims management for work-related injuries and illnesses. For information and policies regarding Workers' Compensation, contact the Human Resources and Risk Management Department. C. Members who are unable to work due to a work-related injury or illness, are entitled to have their workers' compensation payments supplemented for up to ninety (90) days to ensure they receive one hundred percent (100%) of their normal base pay, unless otherwise negotiated in a workers' compensation hearing. D. The City follows the provisions of Florida Statute, Chapter 440, Workers' Compensation. Bargaining Unit members who require follow up medical treatment are required to attend appointments while off duty. In the event a Bargaining Unit member needs to attend an appointment while on duty, due to scheduling conflicts identified by Command Staff, the member must use his/her available Sick Leave or compensatory time and vacation time if the member has no available Sick Leave. E. Reporting Work -Related Iniuries/Illnesses: 1. An employee who sustains a work-related injury or illness is required to immediately notify his/her supervisor and/or the Human Resources and Risk Management Department. Notification to the Human Resources and Risk Management Department is made 24/7 by calling: (561) 742-6677 or e -mailing: risk@bbfl.us. An employee who fails to promptly notify his/her supervisor or the Human Resources and Risk Management Department is subject to disciplinary action including termination of employment. F. FMLA in Conjunction with Workers' Compensation: 1. To the extent permissible by Law, the City designates lost time in conjunction with a workers' compensation claim as FMLA for members who meet the eligibility 57 Page 238 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 requirements and who have not yet exhausted their rolling 12 -month hours' entitlement. Section 2. Modified Work (Light Duty) A. Modified Work Assignments (Workers' Compensation): 1. An employee who has been released to work with restrictions may be accommodated with a modified work (light duty) assignment at the discretion of the Director of Human Resources and Risk Management (or Designee) in consultation with the Police Chief (or Designee). An employee may choose to accept or decline the modified work assignment. If an employee declines an offer of a modified work assignment, the employee will be required to remain at home until released to full duty with no restrictions, and during this time, (s)he will be required to use accrued and available leave time in the following order: sick and vacation. Additionally, an employee who declines an offer of a modified work assignment and who meets the eligibility requirements for leave under FMLA will have his/her time off automatically designated as FMLA. (a) For more information regarding modified work as it pertains to Workers' Compensation, contact the Human Resources and Risk Management Department. B. Modified Work Assignments (Other): 1. The City complies with the Americans with Disabilities Act Amendments Act (ADAAA) to provide reasonable accommodations to employees who request them and are qualified. An employee may request an accommodation and/or more information by contacting the Human Resources and Risk Management Department. Section 3. Leaves of Absence A. Family and Medical Leave Act (FMLA): 1. An employee who has worked for the City for at least twelve (12) months and who has worked at least one thousand two hundred fifty (1,250) hours in the preceding twelve (12) months is eligible to request job -protected leave under FMLA for qualified reasons as defined by the law. 2. Requests for leave under FMLA must be submitted in writing on the designated form to the Human Resources and Risk Management Department. Leaves under FMLA are approved by the Director of Human Resources and Risk Management and the City Manager. Human Resources may designate as FMLA an eligible 58 Page 239 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 employee's qualified leave, including lost time due to a Workers' Compensation claim. (a) For more information regarding leave under FMLA, contact the Human Resources and Risk Management Department. B. Americans with Disabilities Act Amendments Act (ADAAA): 1. An employee may be entitled to leave as an accommodation for his/her disability under the ADAAA. (a) For more information regarding a leave accommodation under ADAAA, contact the Human Resources and Risk Management Department. C. Military Leave: 1. The City complies with Military Leave pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Florida Statute 115.07. 2. An employee must immediately notify the Human Resources and Risk Management Department upon notice of his/her need for Military Leave. (a) For more information regarding Military Leave, contact the Human Resources and Risk Management Department. D. Leave of Absence (Other): 1. An employee who is not eligible for leave under FMLA, ADAAA, or Military Leave may request a Leave of Absence for up to ninety (90) days. 2. A request for a Leave of Absence must be submitted in writing to the City Manager via the Director of Human Resources and Risk Management. The City Manager, in consultation with the Director of Human Resources and Risk Management and the Police Chief (or Designee), will consider an employee's request for a Leave of Absence on a case-by-case basis with the operational needs of the City being a primary factor in whether or not the leave may be granted. An employee who is on an approved Leave of Absence is subject to being recalled to service upon notice of the City Manager (or Designee). The City Manager's determination is final and is not subject to further review, appeal, grievance, or arbitration process. 3. Any approved Leave of Absence will require an employee to utilize his/her paid leave time in the following order: compensatory time, vacation, and sick. Once the employee has exhausted all available accrued time, the remainder of the Leave of Absence will be without pay. An employee will not accrue vacation or 59 Page 240 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 sick hours while on a Leave of Absence. The employee is responsible for the full cost of insurance premiums for work weeks in which (s)he is in an unpaid status for more than twenty-four (24) hours. 60 Page 241 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 APPENDIX 1 (Referenced in Article 7) FIELD TRAINING AND POLICE TRAINING OFFICERS The PTO and FTO programs will work in concert to prepare and evaluate newly hired officers. 1. Field Training Officer (FTO) DEFINED: Any sworn department member assigned to Uniform Services in Road Patrol capacity working on any Platoon in full uniform and marked police cruiser subject to the demands of receiving and handling calls for service from Communications as their daily routine are available to train newly employed personnel in the field. 2. Police Training Officer (PTO) DEFINED: Any sworn department member assigned to Uniform Services in Road Patrol capacity working on any Platoon in full uniform and marked police cruiser subject to the demands of receiving and handling calls for service from Communications as their daily routine are available to train newly employed personnel in the field. The member must have completed the requisite training as defined by the department's Index Code on the PTO program. a. Officers who are in training will occasionally require training from members of other specialized units within the department, (e.g. Traffic, K- 9, etc.) The officers from those specialized units who provide this training will receive seven percent (7%) incentive pay for hours worked in this training capacity. This training incentive pay will be retroactive to the hours of their assignment. 3. PTOs and FTOs will be responsible for training all newly assigned probationary employees. 4. Assignment as a PTO or FTO is not a promotion to any rank. 5. An officer's assignment as a PTO or FTO can be ended or suspended at the discretion of the Chief of Police. 61 Page 242 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ADDENDUM "A" DRUG FREE WORKPLACE POLICY 1.1 PURPOSE The City of Boynton Beach is committed to providing a safe work environment for its employees and our community. Drug and alcohol abuse are national problem that is prevalent in society and impairs the health and safety of employees, promotes crime and harms our local community. Moreover, the illegal possession, use, sale, and distribution of controlled drugs are criminal acts that directly threaten the integrity of all employees in the City. The City is addressing this problem through its DRUG FREE WORKPLACE Program. Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe and productive drug and alcohol - free environment. We encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. The City considers substance abuse to be an unsafe and counterproductive work practice. 1.2 SCOPE This policy applies to all PBA collective bargaining unit members at the City of Boynton Beach. 1.3 DEFINITIONS 1. "Chain of Custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to the final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, and strong specimens and reporting test results 2. "Confirmation Test", "confirmed test" or "confirmed drug test" is a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. 3. "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. Threshold detection levels are established by Florida regulations. Therefore, activities participated in while off duty may result in positive drug tests. For DOT covered employees, alcohol includes any 62 Page 243 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols. Consumption of a preparation including alcohol (beverages or medicines). A list of the most common medications which may alter or affect a drug test are found in Section 1.5, Letter I of this policy. Employees and job applicants should review this list prior to submitting to a drug test. 4. "Drug test" or "test" means any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites. 5. "Employee" means an individual who works for salary, wages, or other remuneration for the City and is covered by the workers compensation act. 6. "Employee Assistance Program" (EAP) is an established program for employee assessment, counseling, and referral to an alcohol and drug rehabilitation program. 7. "Employer" means an agency within state government that employs individuals for salary, wages, or other remuneration. 8. "Initial drug test" means a screening procedure of the blood and/or urine of employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules. 9. "Job Applicant" means a person who has applied for a position with the City and has been offered employment conditioned upon successfully passing a drug test. 10. "Mandatory -testing position/Safety-sensitive position" means with respect to a public employer, a job assignment that requires the employee to carry a firearm, work closely with an employee who carries a firearm, perform life-threatening procedures, work with heavy or dangerous machinery, work as a safety inspector, work with children, work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check, pursuant to F.S. 110.1127, or a job assignment in which a momentary lapse in attention could result in injury or death to another person. 11. "Medical Review Officer (MRO)" means a licensed physician with knowledge of prescription drugs, pharmacology and toxicology of drugs, who may be responsible for receiving and reviewing all positive confirmed test results and who may be responsible for contacting all individuals who test positive in a confirmation test to inquire about possible medications which could have caused a positive result. The MRO need not be an employee of the City. 63 Page 244 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 12. "Prescription or Nonprescription Medication" means a drug or medication obtained pursuant to a prescription as defined by F.S. 893.02 or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments, or injuries. 13. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing may not be required except upon the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Among other things, such facts and inferences may be based upon: a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated. d. Evidence that an individual has tampered with a drug test during employment with the current employer. e. Information that an employee has been involved in an accident while at work: If a bargaining unit member is involved in an accident in which the member was driving a City owned vehicle, and any one of the following occurs: an individual dies, an individual suffers a bodily injury and receives medical treatment away from the scene of an accident, one or more vehicles (whether operated by a City employee or not) incurs damage as the result of the occurrence, or is transported away from the scene by a tow truck or other vehicle, and under any circumstances when the bargaining unit member is issued a traffic citation. ii. An order to submit to post accident testing can be made by a Police Sergeant or higher rank. Any bargaining unit member ordered for a post- accident drug test may, at the member's option, be accompanied to the testing by an available Union Representative. The Union Representative shall act as a quiet observer to the testing procedure and shall not interfere with the testing procedures or direct questions or comments to the testing personnel. The unavailability of a Union Representative shall not preclude the post -accident drug testing from taking place. 64 Page 245 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 iii. Refusal to submit to an order for post -accident drug testing, or intentionally delaying a post -accident drug test can result in termination; however, nothing herein shall abrogate a bargaining unit member's right to challenge the results of the drug test. f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment. 14. "Special -Risk Position" means a position that is required to be filled by a person who is certified under Chapter 633, Fire Prevention and Control or Chapter 943, Department of Law enforcement. 15. "Specimen" means a tissue or product of the human body including blood, urine, or saliva capable of revealing the presence of alcohol and/or illegal drugs or their metabolites. 16. "Stepping Forward" means that an employee comes forward and requests assistance for substance abuse prior to being selected for a random drug test, or prior to being ordered to submit to a reasonable suspicion drug test, fitness for duty evaluation, or prior to being involved in an accident or sustaining an injury, which requires drug testing. 1.4 POLICY A. It is the policy of the City that an employee found with the presence of alcohol, illegal drugs, or prescription medication in levels exceeding prescribed dosage in his/her system, in possession of, using, selling, trading or offering for sale illegal drugs or alcohol during working hours, may be subject to disciplinary action up to and including termination. A refusal to submit to a drug test is grounds for immediate termination. An employee reporting for work visibly impaired and that is unable to properly perform required duties, will not be allowed to work. The supervisor should first attempt to seek another supervisor's opinion of the employee's status. Then the supervisor should consult privately with employee with the observation, to rule out any problem(s) that may have been caused by prescription drugs. If, in the opinion of both supervisors, the employee is considered impaired, the employee should be drug tested by an authorized provider and then provided safe transportation home. An impaired employee must not be allowed to drive and if necessary can be transported home by a supervisor or another employee. It is the responsibility of the City's supervisors to counsel with an employee whenever they see changes in performance that suggest a potential employee problem. The supervisor may suggest that the employee voluntarily seek help from the employee 65 Page 246 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 assistance program or decide that the severity of the observed problem is such that a formal referral to the EAP should be made. B. Use of Prescrir)tion Medications/Drugs While on Du 1. Prescription drugs prescribed by the employee's physician, who is licensed to practice medicine in the United States, may be taken during working hours in strict accordance with the provisions of the Policy. Employees should never use intoxicants or drugs that could cause impairment during work hours. An employee who is using a prescription medication while on the job shall do so in strict accordance with medical directions. 2. It is the employee's responsibility to notify the prescribing physician of his/herjob requirements/functions to ensure that the physician approves the use of the prescription medication while the employee is performing his/herjob duties. It is recommended that the employee provide his/her physician with a copy of the FDLE standards for law enforcement officers so the physician is aware of the physical requirements of the position. 3. It is the employee's responsibility to immediately notify the Director of Human Resources and Risk Management or designee when (s)he is prescribed any medication that is considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03. Failure to disclose this information may result in disciplinary action up to and including termination of employment. The Director of Human Resources and Risk Management may require the employee to provide a note from his/her prescribing physician stating that the employee is able to perform the functions of a law enforcement officer while taking the medication as prescribed. 4. The employee shall notify the Director of Human Resources and Risk Management or designee if the use of his/her properly prescribed medications/drugs (other than those considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03) will affect the employee's work performance. 5. If the prescribing physician determines that the employee cannot perform his/her job duties without impairment while taking the prescribed medication, then the employee will be required to use his/her sick and/or FMLA leave, or unpaid leave if his/her leave pools are exhausted, until (s)he can return to work. If the employee reports to work, the City will presume that the employee is not impaired. 6. Abuse of prescription drugs will not be tolerated. 66 Page 247 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 A. Conditions of Pre -Employment The City will conduct a pre-employment screening examination designed to prevent hiring individuals who use drugs. 1. To determine the suitability of employees to work for the City the following pre-employment conditions are established: a) Job Applicants in mandatory -testing positions, safety -sensitive positions, and/or special -risk positions will be tested prior to employment for drug use and alcohol use. b) Any job applicant, as defined in the above -section, who refuses to submit to drug and alcohol testing as part of the pre-employment testing process will be refused employment. c) Any job applicant who tests positive for drugs or alcohol use will be refused employment. d) Confidentiality will be maintained pursuant to this policy. B. Employee Compliance It shall be a condition of continued employment for all employees to submit to drug and alcohol screening under the policy. If there is a conflict between this policy and the collective bargaining agreement, the collective bargaining agreement shall control. Refusal to submit to drug testing is grounds for immediate termination. Refusal to submit to drug testing is not a waiver of the employee's right to challenge both the order and the test outcome. C. Employee Assistance Program The City offers an Employee Assistance Program (EAP) which provides help to employees and their families who suffer from various difficulties including alcohol or drug abuse. In addition to the City's EAP Program, below is a list of local assistance programs and local drug and alcohol rehabilitation programs: a) Narcotics Anonymous Help Line : 561-848-6262 b) Drug Abuse Foundation of Palm Beach County: 561-278-0000 c) Palm Beach AI-Anon/AI-a-Teen Information :561-882-0308 d) Alcoholics Anonymous (Palm Beach County) :561-655-5700 e) Comprehensive Alcoholism Rehabilitation Program :561-844-6400 It is the responsibility of each employee to seek assistance before drugs and alcohol lead to 67 Page 248 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 performance problems. 1. Use of the employee assistance program, on a voluntary basis, will not affect the determination of appropriate disciplinary action. 2. An employee's decision to seek assistance from the Employee Assistance Program on a voluntary basis prior to any incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding. On the other hand, using EAP will not be a defense to the imposition of disciplinary action where facts providing violation of this policy are obtained outside of the EAP. Accordingly, the purpose and practices of this policy and the EAP are not in conflict but are distinctly separate in their applications. 3. Through the EAP, the City will provide appropriate assessment, referral to treatment, and treatment of drug and alcohol abuse. 4. Upon successful completion of a drug and/or alcohol treatment program an employee may be released to resume work but will be subject to drug testing on a random, periodic basis, at least quarterly, and for up to two years thereafter as a condition of continued employment. These stipulations may be incorporated in a Last Chance Agreement. 5. An individual's participation in the program will not be made part of any personnel records and will remain confidential to the extent necessary to comply with this policy. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records and be retained in a separate file as provided by law. D. Management's Responsibility The City will maintain screening practices to identify employees who use illegal drugs or abuse alcohol. Department Heads are responsible for implementing this Drug Free Work Place policy. It is the responsibility of the supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well- being of employees and the community. 1. Supervisors are responsible for maintaining a safe work environment by monitoring employees' behaviors and performance. 2. In the event a supervisor has a reasonable suspicion that an employee maybe under the influence of drugs or alcohol, the employee must be sent for reasonable suspicion drug testing. A form for documenting cause for a 68 Page 249 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 reasonable suspicion drug test is attached. 3. In all cases when an employee is to be removed from duty for drug testing, the Department Head and Human Resources & Risk Management should be immediately notified. E. Employee's Responsibility 1. It is each employee's responsibility to be fit for duty when reporting for work and to inform his/her supervisor if (s) he is under prescription or non- prescription medication which may affect job performance. 2. In the event an employee observes behavior in another employee, which raises a doubt as to that employee's ability to perform work in a safe, reliable and trustworthy manner, the employee should report this behavior to his/her supervisor. 3. Employees, who enter drug or alcohol treatment and/or rehabilitation program voluntarily at the request or insistence of the City or, as a condition of continued employment are required to fully participate in and complete the recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment of the treatment and/or program. If the employee fails to comply with the treatment and/or program, the employee will be subject to discipline, up to and including termination. F. Medical Review Officer's (MRO) Responsibilities 1. The MRO will review all information from the testing laboratory in the event of a positive, confirmed test. The MRO will review any information from the employee or job applicant regarding the use of medication or other relevant medical information set forth in the form submitted prior to drug testing. 2. The MRO may request that the testing laboratory provide quantification of test results. 3. The MRO will provide confirmed test results to the Human Resources representative from the City. 1.5 PROCEDURE In orderto maintain a drug and alcohol -free work environment, the City will test for the presence of alcohol and drugs in the following circumstances: 69 Page 250 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 1. Pre-employment: Job applicants who have been offered a position of employment and whose job requirements are that of a mandatory -testing, safety -sensitive, or special -risk position are required to take a drug and alcohol test. 2. Reasonable suspicion: Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test. 3. Post -incident: Employees are required to take a drug and alcohol test when the employee is involved in a job-related incident consistent with Section 1.3, 13.e.i. and whenever there is discernible property damage unrelated to a motor vehicle accident. 4. Random Testing: Employees are subject to random drug testing. On a monthly basis, a designated Police Officer uses www.random.org to generate a list of three (3) PBA members who will be randomly tested for that month. A Union Representative signs off on this list. In addition, members assigned to Vice are tested once every six (6) months. 5. Fitness for duty. All employees who are subject to routine annual medical examinations are required to take a drug and alcohol test as part of their medical examination. 6. Follow-up: All employees who have been referred to an employee assistance program or rehabilitation program by the City for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly basis for up to two (2) years after their return to work. These stipulations may be codified in a Last Chance Agreement. A. Consequences of Refusing a Drug Test 1. An employee who refuses to submit to a drug and alcohol test will be subject to immediate termination. An employee who refuses to submit to a drug test forfeits his/her eligibility for all workers' compensation medical and indemnity benefits. 2. A job applicant, as defined in section 1.3, #9, who refuses to submit to a drug and alcohol test will not be hired. B. Actions Following a Positive Confirmed Test The City may administer disciplinary action, up to and including termination, for any employee who has a positive, confirmed drug or alcohol test. 70 Page 251 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 C. Confidentiality Confidentiality of records concerning drug and alcohol testing will be maintained to the extent necessary to comply with this policy. All information, reports, memos and drug test reports, written or otherwise, received by the City through the drug testing program will be kept confidential as provided by law. The City's Employee Assistance Program, laboratories, drug and alcohol rehabilitation programs who receive or have access to information concerning drug test results shall keep all information confidential. No such information will be released unless there is a voluntary written consent, signed by an employee or job applicant, except where such release is compelled by a court pursuant to an appeal taken under this section, or where deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The City will maintain records concerning drug testing separate and apart from an employee's or job applicant's file. D. Reporting of Use of Medication Employees and job applicants may confidentially report the use of prescription or non- prescription medication both before and after having a drug test. E. Notice of Common Medications A list of most common medications, by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test, is listed below in section H. Employees and job applicants should review this list prior to submitting to a drug test. F. Medication Information An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and non-prescription information. G. Employee Assistance Program Refer to the Employee Assistance Program Policy for the name, address and telephone number of the City's current provider or contact the Human Resources and Risk Management Department. H. Drugs to be Tested In accordance with F.S. 893.03 as amended from time to time, the following is an illustrative and 71 Page 252 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 non -exhaustive list of drugs that will be tested: 1. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors, resulting in a 0.04 or higher. A positive Breath Alcohol Test will be confirmed by a Blood Alcohol Test. 2. Amphetamines 3. Cannabinoids 4. Cocaine 5. Phencyclidine (PCP) 6. Hallucinogens 7. Opiates 8. Methaqualone 9. Barbiturates 10. Benzodiazepines 11. Synthetic Narcotics 12. Designer Drugs 13. A metabolite on any substance listed herein 14. Anabolic/Androgenic Steroids. A list of drugs by brand names or common names includes: Opium Morphine Codeine Heroin Hydromorphone Meperidine Methadone Other Narcotics Chloral Hydrate Barbiturates Benzodiazepines Methaqualone Methamphetamine Glutethimide Other Depressants Dover's Powder, Paregoric, Parepectolin Morphine, Pectoral Syrup Tylenol with Codeine, Empirin with Codeine, Robitussan A -C, Hydrocodone, Coke Crack Diacetylmorphine, horse, smack Dilaudid Demerol, Mepergan Dolophine, Methadone, Methadose Laam, Leritine, Numorphan, Percodan, Tussiones, Fentanyl, Darvon, Talwin, Lomotil, Lorcet, Vicodin, Percocet Noctec, Sommos Phenobarbital, Tuinal, Amvtal, Nembutal, Seconal, Lotusate Atavan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril Quaalude Methyl Ice Doriden Equanil, Miltown, Noludar, Placidyl, Valmid NEW DRUGS - New drugs will be added to the list of controlled substances based on amendments to the Florida Statutes and/or any federal law, rule, regulation or procedure after a review with the Labor -Management Committee. 72 Page 253 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 PRESCRIPTION DRUGS Many prescription drugs can alter or affect drug tests. Due to the large number of obscure brand names and the constant marketing of new products, this list is illustrative and not exhaustive. Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol content. Amphetamines: Pbetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Lonamine, Fastin. Cannabinoids: Marinol (Dronabinol, THC). Cocaine: Cocaine, HCI topical solution (Roxanne) Phencyclidine: Not legal by prescription Methoquolone: Not legal by prescription Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine, Emperine with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Diluadid (Hydromorphone), MS Contin and Roxano (morphine sulfate), Percodan, Vicodin, Tussiorganidine, etc. Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl, Fioricet, Esgic, Butisol, Mebarel, Butabarbital, Butalbital, Phrenilin, Triad, etc. Benzodiazepine: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tanzene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax, etc. Methadone: Dolophone, Metadose, etc. Propoxyphene: Darvocet, Darvon N, Dolene, etc. ANABOLIC/ANDROGENIC STEROID TESTING Federal Law placed anabolic steroids in Schedule III of the Controlled Substances Act (CSA) as of February 27, 1991. An employee or job applicant who is contacted by the MRO may confidentially report the use of prescription medication(s) because the presence of these medications in the body may have affected the outcome of the test. I. Challenge of Test Results 1. An employee or a job applicant who receives a positive confirmed test result may, within five (5) working days, submit information to the Director of Human Resources & Risk Management explaining or contesting the test result and explaining why the test result does not constitute a violation of the City's policy. 2. If the explanation or challenge of the employee or job applicant is unsatisfactory to the City, the City will provide a written explanation as to why the employee or job applicant's explanation is unsatisfactory, and a copy of the report of positive confirmed test results will be provided to the employee 73 Page 254 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 or job applicant. 3. An employee may further challenge the results of the test in a court of competent jurisdiction or, if the drug was administered due to a workplace injury, by filing a claim for benefits with a judge of compensation claims, pursuant to Chapter 440, Florida Statutes. 4. If an employee or job applicant contests the drug test results he/she must promptly notify the Medical Review Officer (MRO). 74 Page 255 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ADDENDUM "B" MUTUAL CONSENT AGREEMENT Use of Insurance Premium Tax Revenue This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH, a Florida municipal corporation, whose mailing address is P.O. Box 310, Boynton Beach, FL 33425 (the "City") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") POLICE OFFICERS AND DETECTIVES AND POLICE SERGEANTS. WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of Florida), hereinafter "Legislation" regarding the use of insurance premium tax revenue ("IPTR"); and WHEREAS, the City has a retirement pension plan and fund for police officers known as the Boynton Beach Police Officers' Pension Fund ("Fund") that exceeds the minimum benefits and minimum standards established by the State of Florida for public employee police pension plans as set forth in chapter 185, Florida Statutes; and WHEREAS, the Legislation provides that use of IPTR, including any accumulations of additional premium tax revenues, which have not been allocated to fund benefits in excess of the minimum benefits, may deviate from the provisions of the Legislation by mutual consent of the members' collective bargaining representative (PBA). NOW THEREFORE, the City and PBA Unions agree as follows: 1. The foregoing Whereas clauses are correct. 2. The total of ninety thousand dollars ($150,000) of IPTR, whether base premium tax revenue or additional premium tax revenue, received by the City will be used to reduce the City's unfunded liability to the Boynton Beach Police Officers' Pension Fund. These funds will be provided to the City in increments of thirty thousand dollars ($50,000) in November 2022, November 2023, and November 2024. 3. This Consent Agreement takes effect when signed by PBA and City. Signature Page Follows 75 Page 256 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 SIGNATURE PAGE for MUTUAL CONSENT AGREEMENT Use of Insurance Premium Tax Revenue CITY OF BOYNTON BEACH James Stables, Interim City Manager BOYNTON BEACH POLICE OFFICERS AND DETECTIVES AND POLICE SERGEANTS Palm Beach County PBA Representative ATTEST: Maylee De Jesus, City Clerk APPROVED AS TO LEGAL FORM: City Attorney 76 Page 257 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ADDENDUM "C" TUITION ASSISTANCE PROGRAM 1.1 PURPOSE To provide financial assistance, when such funding is appropriated and approved in the City's Human Resources Department's annual budget, to eligible full-time regular employees, who are enrolled in an undergraduate or graduate degree program at an accredited college or university and when the attainment of such degree is determined by the City to be directly beneficial to the employee's current job or for an advanced job in the City within their career path. This program is at the sole discretion of the City and may be suspended or cancelled at any time. 1.2 SCOPE (Modified for PBA Officers and Detectives) Employees who are eligible to participate in this program are full time, non -probationary, employees covered under a PBA Collective Bargaining Agreement. Employees must be "in good standing" with the City at the time of application through the time of reimbursement in order to receive reimbursement through this program. 1.3 DEFINITIONS a. Accredited college or university: A college or university that has attained accreditation as documented by inclusion in the U.S. Department of Education's Office of Post -secondary Education (OPE) Database of Accredited Postsecondary Institutions and Programs (https://ope.ed.Eov/accreditation/Search.aspx). The Director of Human Resources and Risk Management reserves the right to consider and approve or deny any college or university that is not listed in this database. b. Full-time: An employee who is in a job classification designated as full-time and who is scheduled to work a minimum of thirty-six (36) hours per work week. c. "In good standing": An eligible employee who: 1. Is actively employed on the date of program enrollment and through the date of reimbursement; 2. Has not been in an unpaid leave status of more than sixteen (16) hours for any calendar week from the date of program enrollment through the date of reimbursement; and 3. For one (1) year prior to the date of program enrollment and through the date of reimbursement, has not received sustained discipline of an unpaid suspension for more than twenty-four (24) hours or three (3) days and has not been demoted for disciplinary reasons. d. Non -probationary: An employee who has successfully completed his/her initial one (1) year probationary period. Employees who are on a probationary period solely due to a 77 Page 258 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 promotion or reclassification and who have already been employed with the City in a full- time position for more than one (1) year are considered "non -probationary" for purposes of this policy. 1.4 POLICY A. This Policy supersedes and replaces Administrative Policy 04.01.03. The Tuition Assistance Program is coordinated by the City's Human Resources and Risk Management Department. In order to be considered for participation in this program, eligible employees must enroll, adhere to all applicable procedures, and sign a participation agreement to acknowledge program requirements and obligations. Each fiscal year that this program is funded, the Director of Human Resources and Risk Management will establish the current eligible reimbursement expenses and amounts and will set the fiscal year per person maximum reimbursable amounts. This information, titled Addendum: Tuition Assistance Program Current Reimbursement Year Expenses and Amounts, will be updated and maintained as part of this policy. Applications will be considered in the order in which they are received. Available funds will be reimbursed until the end of each funded fiscal year or until funds are exhausted, whichever comes first. The interpretation and administration of this policy shall be the responsibility of the Director of Human Resources and Risk Management. Participation in the Tuition Assistance Program is voluntary, and no aspect of this policy or program is subject to any grievance or appeal process. B. The budgeted Tuition Assistance Program funding will be split into two separate pools so reimbursement opportunities can be fairly appropriated based on typical academic calendars. If funding remains available after processing all eligible and approved Period Two Reimbursements, applications for Period One Reimbursements that were eligible but not reimbursed will be reconsidered. • Reimbursement Period One: For course dates between August and December o Deadline for submitting Reimbursement Applications: January 3111 o Final reimbursement issued in February • Reimbursement Period Two: For course dates between January and July o Deadline for submitting Reimbursement Applications: August 3111 o Final reimbursement issued in September C. The following courses are ineligible for reimbursement under all circumstances, even if they are a requirement for obtaining a degree: 1. Course that is covered by any non-refundable financial aid, scholarship, or other governmental assistance; 2. Seminar; 3. Internship; 78 Page 259 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 4. Course that earns only Continuing Education Credits (CEUs); 5. Exam preparation course or entrance exam; 6. Course taken as "audit only"; 7. Course graded only as "Pass/Fail"; 8. Course issuing credit only as "Life Experience" and/or "Portfolio"; 9. Course fulfilling only a physical education or sexual education requirement; 10. Course taken that is not part of an employee's approved undergraduate or graduate degree program; and 11. Course taken by an employee who is not enrolled in an undergraduate or graduate degree program. D. The letter grades an employee earns upon completion of an approved course determines the percentage of reimbursement that will be applied to eligible expenses. • A= 100 • B = 75% • C = 50% • D = 0% (ineligible for reimbursement under this policy) • F = 0% (ineligible for reimbursement under this policy) An employee who receives an "Incomplete" or who withdraws from a course is not eligible for reimbursement under this policy. E. Any tuition assistance provided to an employee pursuant to this policy up to a maximum of amount of $5,250.00 in any calendar year is excluded from tax; any amount received in excess of $5,250.00 in any calendar year will be treated as taxable income, as required by the Internal Revenue Service (IRS). F. An employee who separates employment for any reason other than a City -initiated layoff or termination within twenty-four (24) months of receiving any amount of financial assistance pursuant to this policy, authorizes the City to deduct the amount(s) of such reimbursement(s) from any amount of payout to which (s)he would have otherwise been entitled. An employee who is not eligible for payout or who does not have sufficient payout value from which to deduct the reimbursed amount(s) is obligated and required to repay the City. G. Deadlines are not negotiable and will not be extended. It is solely an employee's responsibility to timely submit enrollments, agreements, reimbursement applications, and other required documentation for participation in this program. No employee should expect or rely upon the City, Human Resources, or any other person to "remind" him/her of this program's requirements and/or deadlines. 1.5 PROCEDURES 79 Page 260 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 a. This program is at the sole discretion of the City and may be suspended or cancelled at any time. b. A Tuition Assistance Program Participation Enrollment Form and Tuition Assistance Program Agreement are required to be submitted by any eligible employee who is interested in seeking reimbursement pursuant to this policy. The purpose of the Participation Enrollment Form is for Human Resources and Risk Management to evaluate whether or not an employee meets participation requirements of the program. The purpose of the Agreement is to confirm that an employee understands the program and his/her obligations pursuant to enrollment and reimbursement. The Participation Enrollment Form and the Program Agreement are required to be submitted each funded fiscal year in which the employee is interested in participating. No reimbursement will be considered without a current approved participation enrollment form and signed program agreement. 1. Human Resources will log completed Participation Enrollment Forms and Program Agreements in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Enrollments" tab. 2. Human Resources will review the Participation Enrollment Forms and will confirm, and log eligibility on the "Enrollments" tab. 3. Human Resources will notify employees in writing of their participation approval or denial. If an employee is denied, the reason for the denial will be included. c. A separate Tuition Assistance Program Reimbursement Applicotion is required to be submitted for each course for which an employee is requesting reimbursement. These Reimbursement Applications are accepted on a rolling basis per Reimbursement Period, and all required documentation is required to be submitted with each Reimbursement Application. The submission of a Reimbursement Application does not guarantee reimbursement. d. Completed Reimbursement Applications with required documentation must be submitted via electronic mail to: hr(rbbfl.us with the subject line: Tuition Assistance Program. 1. Human Resources will assign each Reimbursement Application a tracking number based upon date and time of receipt: TAP-YYYY-MM-DD-###, wherein TAP means Tuition Assistance Program, YYYY means calendar year, MM means calendar month, DD means calendar day, and ### indicates the number of the request received on the specified date. For example, the first request received on October 1, 2017 would be assigned the tracking number: TAP -2017-10-01-001. 80 Page 261 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 2. Human Resources will review Reimbursement Applications in the order in which they are received. Incomplete Reimbursement Applications or Reimbursement Applications submitted without required documentation will be returned via electronic mail to the employee, who will need to resubmit a completed Reimbursement Application with supporting documentation in order to be considered for reimbursement. A new tracking number will then be assigned based on the date of receipt of the completed Reimbursement Application with required documentation. 3. Human Resources will separately log each course Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Applications" tab. i. Human Resources will reconfirm an employee's eligibility. The course Final Grade, Credit Hours, and Book(s) Cost will be logged on the "Applications" to b. ii. Human Resources will log the eligible reimbursement amounts for credit hours and textbook(s) and will calculate a total eligible reimbursement amount. e. Reimbursement Processing will begin for the Reimbursement Period One following the January 31st deadline for submitting Reimbursement Applications. i. Human Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirm an employee's eligibility. ii. Human Resources will log each eligible Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Reimbursements" tab up to the Maximum Per Person Allowable Reimbursement Amount (see Addendum for these Amounts). This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period One has been depleted. iii. Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals and processing by Finance. iv. Finance will process all approved Period One Reimbursements in February. v. If funds are remaining in the allocated Program Budget Balance following Period One Reimbursements, Human Resources will add this remaining 81 Page 262 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 balance to the beginning Program Budget Balance for Period Two Reimbursements. f. Reimbursement Processing will begin for the Reimbursement Period Two following the August 31st deadline for submitting Reimbursement Applications. i. Human Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirm an employee's eligibility. ii. Human Resources will log each eligible Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Reimbursements" tab up to the Maximum Per Person Allowable Reimbursement Amount (see Addendum for these Amounts). This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period Two has been depleted. iii. If funding remains available after processing all eligible and approved Period Two Reimbursements, Human Resources will reconsider Period One Reimbursement Applications that were eligible but not reimbursed due to that period's allocated budget limitations. iv. Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals and processing by Finance. v. Finance will process all approved Period Two Reimbursements in September. 82 Page 263 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 FOR FISCAL YEAR REIMBURSMENT: October 1, 2022 — September 30, 2025 Applications will be considered on a rolling basis for enrollment in courses in which classes began on or after August 1st of each year. In orderto be eligible for reimbursement all documentation required to process a reimbursement must be received on or by the thirtieth (30t") day following the last date of the term/session for the course(s) for which reimbursement is being requested. In no case will reimbursements be processed outside of the fiscal year. ELIGIBLE REIMBURSABLE EXPENSES AND AMOUNTS: Copies of original receipts are required for reimbursement. Failure to provide proper documentation will result in ineligibility for reimbursement. Tuition and Fees: (maximum per credit hour reimbursement based on course grade) Final Course Grade: A B C Associate Degree Course: $114.04 $ 85.53 $ 57.02 Bachelor Degree Course: $179.90 $134.93 $ 89.95 Graduate Degree Course: $336.77 $252.58 $168.39 Required Course Textbook(s): (maximum reimbursement per course based on course grade) Final Course Grade: A B C Per Course: $150.00 $112.50 $ 75.00 MAXIMUM PER PERSON ALLOWABLE REIMBURSEMENT PER FUNDED FISCAL YEAR No employee will be reimbursed for more than twelve (12) credit hours per funded fiscal year and are subject to the following fiscal year per person maximum credit hour reimbursement amount based on degree: • Associate Degree: $1,368.48 • Bachelor Degree: $2,158.80 • Graduate Degree: $4,041.24 No employee will receive more than $600.00 for textbook reimbursement per funded fiscal year. 83 Page 264 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 SIGNATURE PAGE Agreed to this day of 2022, by and between the respective Parties through the authorized representatives of the PBA and the City. Witness Witness Witness Witness APPROVED AS TO FORM AND CORRECTNESS: City Attorney Ratified by City Commission Date PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION By: John Kazanjian, President By: Katie Mendoza, Legal Counsel By: Ty Penserga, Mayor ATTEST: Maylee De Jesus, City Clerk James Stables, Interim City Manager Ratified by Union Date 84 Page 265 of 1276 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION R22-130 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION FOR THE POLICE SERGEANTS FOR THE PERIOD OF OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2025, AND AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO SIGN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the Palm Beach County Police Benevolent Association have successfully concluded negotiations for a three (3) year contract for the Police Sergeants; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the Collective Bargaining Agreement and execute the same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association Police Sergeants Unit for the period of October 1, 2022 through September 30, 2025, and authorizes and directs the Interim City Manager to sign the Agreement, a copy of said agreement being attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. S:ACA\RESO\Agreements\CBA Ratifications\PBC PBA Sergeants CBA 2022-25 - Reso.docx Page 266 of 1276 34 PASSED AND ADOPTED this 22nd day of September, 2022. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley ATTEST: VOTE Maylee De Jes6s, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\CBA Ratifications\PBC PBA Sergeants CBA 2022-25 - Reso.docx Page 267 of 1276 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE SERGEANTS OCTOBER 1, 2022 - SEPTEMBER 30, 2025 Page 268 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 TABLE OF CONTENTS ARTICLE PAGE NO 1 Preamble 1 2 Recognition and Notice 2 3 Non -Discrimination 3 4 Dues Deduction 5 5 Union Business 6 6 Bulletin Board 7 7S Assignment Pay 8 8S Vacancies and Probation 9 9 Management Rights 10 10 Hours of Work and Overtime 11 11S Wages 13 12S Seniority 15 13S Additional Monetary Benefits 16 14 Uniforms 20 15 Annual Occupational Fitness Evaluations 21 16 Group Insurance 24 17 Leaves 26 18 Holiday Pay 30 19 Funeral Expenses 32 20 Training 33 21S Reproduction 34 22S Personnel Records 35 23 Legal Action 36 24 Discipline 37 25 Appeals of Disciplinary Action 39 26 Grievance and Arbitration Procedure 41 27 Personal Vehicles 45 28 Drug Testing 46 29 Posting of Assignment and Promotional Opportunities 47 30 Complete Agreement and Waiver Clause 48 31 Severability 49 32 Duration 50 33 Take Home Vehicles 51 34 Off -Duty Details 52 35 Pension 54 36S No Strike or Lock Out 56 37S Workers' Compensation and Leaves of Absence 57 38S Qualifications for a Bargaining Unit Position 60 Addendum "A" — Drug Free Workplace 61 Addendum "B" — Mutual Consent Agreement (IPTR) 74 Addendum "C" —Tuition Assistance Program 76 Page 269 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 1 PREAMBLE This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the "City" and the Palm Beach County Police Benevolent Association, Inc., located in West Palm Beach, Florida, hereinafter referred to as the "PBA," Association or Union, for the purpose of setting forth the Parties' Agreements regarding rights, wages, hours, terms and conditions of employment, and benefits. 1 Page 270 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 2 RECOGNITION AND NOTICE The City recognizes the Palm Beach County Police Benevolent Association ("PBA") as the exclusive representative for the purpose of collective bargaining with respect to wages, hours and terms and conditions of employment for the bargaining unit consisting of all full time sworn police officers within the following job classification: Police Sergeant or as modified by PERC. The term "member" or "employee" will mean any member in the bargaining unit. The PBA recognizes the City Manager, the City's chief executive officer, or his/her designees as the exclusive City representative(s) for the purpose of collective bargaining with respect to the wages, hours and terms and conditions of employment of PBA bargaining unit employees. All notices concerning the wages, benefits, and conditions of employment of bargaining employees to the PBA will be addressed to the attention of PBA President with a copy to the PBA General Counsel and mailed or delivered to 2100 N. Florida Mango Road, West Palm Beach, FL 33409. If changes occur, the PBA will advise the City in writing of the names and addresses of other PBA representatives, if any, who are authorized to accept notices from the City. Notice by the City to anyone other than those persons designated by the PBA does not satisfy legal notice and is not binding on the PBA. All notices to the City will be addressed to the City Manager with a copy to the City's Human Resources Director and mailed to P.O. Box 310, Boynton Beach, FL 33425. If changes occur, the City will advise the PBA in writing of the names and addresses of other City representatives, if any, who are authorized to accept notices from the PBA. Notice by the PBA to anyone other than those persons designated by the City Manager does not satisfy legal notice and is not binding on the City. 2 Page 271 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 3 NON-DISCRIMINATION The City will not interfere with the rights of officers to become members of the PBA, and there shall be no discrimination, interference, restraint or coercion by the City, or any City representative, against any officer because of membership or because of any activity in any official capacity on behalf of the PBA. The PBA shall not discriminate against any bargaining unit member who fails to join the PBA, as provided by law. The sole remedy for charges in this paragraph is the filing of an Unfair Labor Practice (ULP). The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA shall work jointly to eradicate discriminatory conduct in the workplace. To that end, the City and the PBA agree that both Parties have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination. Discriminatory conduct means any communication, verbal or non-verbal, which is unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, gender, gender identity or expression, national origin, physical or mental disability, sexual orientation, age, marital status, or any other unlawful factor. Alleged violations of this section shall not be subject to the grievance and/or arbitration procedure established herein; rather, they may be filed with and remedied by the appropriate local, state, and/or federal agency. Sustained allegations of violations of this paragraph resulting from an internal investigation remain subject to the grievance and/or arbitration procedures established herein. Bargaining unit members have an affirmative duty to report any discriminatory conduct to the City's Director of Human Resources and Risk Management and Internal Affairs. Complaints of Alleged Violations of EEOC Laws Any investigation into a complaint of a Law Enforcement Officer's alleged violation of any provision of a law/regulation under the purview of the Equal Employment Opportunity Commission (EEOC) requires involvement and oversight by the City's designated EEO Officer: the Director of Human Resources and Risk Management. As such, the Director of Human Resources and Risk Management shall be immediately notified by the Police Chief (or Acting Police Chief) of any such complaint/allegation made against a Law Enforcement Officer and of the opening of an Internal Affairs case/investigation related to such complaint/allegation. The Director of Human Resources and Risk Management is subject to all confidentiality requirements applicable to Internal Affairs investigations and the penalties for violating any such provision. The Director of Human Resources and Risk Management shall have immediate access to and shall promptly review the complaint/allegation and any information provided in connection with the complaint/allegation. Internal Affairs investigator(s) shall then confer and consult with the Director of Human Resources and Risk Management on all aspects of the investigation. The 3 Page 272 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Director of Human Resources and Risk Management may be present at any investigatory interview/interrogation but may not directly question a member during that interview unless requested by the member. Any complaint of a Law Enforcement Officer's alleged violation of any provision of a law/regulation under the purview of the EEOC that is made directly to, or filed directly with, a member of the City's Human Resources and Risk Management Department shall be immediately referred to the Police Chief (or Acting Police Chief). The City shall follow all provisions of law set forth in Florida Statutes, Sections 112.532, 112.533, and 112.534, commonly known as the "Police Officers Bill of Rights," throughout the investigation. 4 Page 273 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 4 DUES DEDUCTION The City will deduct Union dues from the pay of any bargaining unit member who voluntarily requests such deductions upon receipt of a notice from the PBA and approval by the City. The total amount of deductions shall be remitted each month by the City to the Treasurer of the PBA. This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30) days after notification of the revocation of the authorization to deduct by the employee. 5 Page 274 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 5 UNION BUSINESS Section 1. Elected PBA representatives who are on duty may be granted paid leave to engage in representation activities on behalf of the PBA or any member as follows: A. Engaging in collective bargaining with the representatives of the City. B. Processing of grievances. C. Accompanying a fellow bargaining unit member when: 1. The member is required to appear at a hearing related to a grievance. 2. The member is presenting or responding to a grievance. 3. The member is subject to questioning and believes (s)he may be disciplined. The City may negate the member's concern regarding discipline by written confirmation to the officer that (s)he will not be disciplined based on answers provided in the questioning. 4. The member is attending a pre -determination hearing. The City may deny a request for time off if it interferes with productivity or staffing needs. However, the exercise of such right on the City's part shall not allow the City to proceed in a manner which deprives the employee of his or her right of representation. A PBA representative employed by the City may be permitted to take unpaid leave to attend functions of the PBA. If the leave results in the City incurring overtime directly related to the absence, the City will not approve the request. Section 2. No employee may engage in PBA business or use City equipment or property while on duty except as referenced in Section 1. 6 Page 275 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 6 BULLETIN BOARD The City will provide bulletin board space; one in the Line Up Room and one in the Investigative Services Section for the exclusive use of the PBA, for posting bulletins, notices and other union material. The Union will supply locking style bulletin boards. A notice or item placed on the bulletin board shall bear, on its face, the legible designation of the PBA responsible for placing of this notice or item on the bulletin board. The Union will hold harmless and indemnify the City for all claims or actions arising from materials placed on the bulletin board. 7 Page 276 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 7S ASSIGNMENT PAY Section 1. Sergeants acting in the capacity of Acting Captain shall be paid seven percent (7%) above the sergeant's regular rate of pay. Section 2. The provisions of this Article shall not apply to persons performing other than regular road patrol duties, including details. 8 Page 277 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 8S VACANCIES AND PROBATION Section 1. Vacant positions shall be filled by the City through recruitment and selection of employees on the basis of their qualifications and relative knowledge, abilities, and skills. The decision to fill a vacant position is reserved to the discretion of the City Manager. Section 2. Veterans' Preference: The City complies with all Veterans' Preference requirements pursuant to Chapter 2021-57, Laws of Florida and F.S.S. 295.07. Section 3. All newly promoted Police Sergeants have a probationary period of one (1) year from the date of promotion. Section 4. All Sergeants shall serve a one (1) year probation from the date of the appointment. During a Sergeant's probationary period, a Sergeant is subject to removal from appointment without statement of cause. Section 5. A promoted Sergeant removed from his/her position during probation shall be reassigned to the position from which (s)he was promoted. 9 Page 278 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 9 MANAGEMENT RIGHTS It is the right of the City to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the Cityto direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. However, the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of any collective bargaining agreement in force. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement or limited by law shall remain with the City. 10 Page 279 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 10S HOURS OF WORK AND OVERTIME Section 1. The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 28 day work cycle. The work cycle per bargaining members assigned to 8 and 10 hour shifts is a 7 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 11.5 hour shift will be paid overtime for all hours worked in excess of 161 hours in a 28 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 8 or 10 hour shifts will be paid overtime for all hours worked in excess of 40 hours in a 7 day work cycle. For purposes of calculating overtime, only hours actually worked, or hours worked for Department authorized training shall be counted as hours worked. Overtime pay, when so granted, will normally be contained in the member's next regular pay check following the time worked. Employees who are in an on -duty status seven (7) minutes either prior to or after their shift will not be eligible for overtime pay. Employees who are in an on -duty status more than seven (7) minutes either prior to or after their shift must be so only with the Supervisor's approval in order to be eligible for overtime pay. The City may round start and end time of work and round to the quarter hour consistent with 29 C.F.R. § 785.48. Example: 6:53-7:07=7:00 7:08-7:22=7:15 7:23-7:37=7:30 7:38-7:52=7:45 Section 2. Pursuant to Article 9, it is a Management Right to establish and change the starting and ending times. Individual work schedules maybe flexed (hour for hour) by personnel assigned to specialty units, upon request by the employee and mutual agreement between employee and supervisor. Flexing of time must occur only within a single work week. Uniform Services (group) shift schedules shall not be changed without the City providing thirty (30) calendar days of advanced notice to the Union of the change. Section 3. Reserved 11 Page 280 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Section 4. No member of the Bargaining Unit shall be required or allowed to work more than eighteen (18) continuous hours except during a declared emergency or during an ongoing immediate investigation or when overtime is required to complete an on -duty assignment, i.e. late arrest. Members of the Bargaining Unit acknowledge that they have an obligation to come to work physically and mentally prepared to efficiently and effectively carry out their responsibilities. For the purpose of this section, work means regular assigned duties and detail assignments. The continuous eighteen (18) hours does not include time spent in court, depositions, filings, and similar judicial responsibilities. Members who work eighteen (18) hours continuously within the past twenty-four (24) hours must remain off duty for a minimum of six (6) hours. Section 5. An employee may engage in outside employment, (including off-duty detail or self-employment) with the approval of the City Manager and with the understanding that the employee's primary duty, obligation and responsibility is to the City. Outside employment shall not be permitted when the City Manager determines that such outside employment would result in a conflict of interest, interfere with the employee's City work schedule, or otherwise be a conflict with the employee's employment with the City. To request approval, an employee should: (a) File an "Outside Employment Request Form & Affidavit" with the Human Resources Department. The employee must notify the Human Resources Department of changes in conditions of any outside employment. (b) Make arrangements with the outside employer to be relieved from duty if called for work by the City. (c) An employee must report all injuries sustained during any outside employment to the employee's supervisor and Risk Management prior to the employee's next scheduled work day at the City. An employee's failure to report an injury sustained during outside employment shall be grounds for corrective action. 12 Page 281 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 11S WAGES Effective October 1, 2022 the following Step Pay Plan is in effect: • Year One: On October 1, 2022, each bargaining unit member will be placed in the step that corresponds with his/her current years of service with the City in the rank of Sergeant. On the anniversary date of the member's promotion to the rank of Sergeant, (s)he will advance to the next step. There is no payment or advancement beyond Step 5. Salary $ 102,870.00 $ 106,470.00 $ 110,197.00 $ 114,054.00 $ 118,046.00 $ 122,177.00 • Year Two: On October 1, 2023, each bargaining unit member will be placed in the step that corresponds with his/her current years of service with the City in the rank of Sergeant. On the anniversary date of the member's promotion to the rank of Sergeant, (s)he will advance to the next step in the pay plan. There is no payment or advancement beyond Step 5. Salary $ 106,984.80 $ 110,729.00 $ 114,605.00 $ 118,616.00 $ 122,767.80 $ 127,064.00 • Year Three: On October 1, 2024, each bargaining unit member will be placed in the step that corresponds with his/her current years of service with the City in the rank of Sergeant. On the anniversary date of the member's promotion to the rank of Sergeant, (s)he will advance to the next step in the pay plan. There is no payment or advancement beyond Step 5. 13 Page 282 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Salary 110,194.30 114,050.87 118,043.15 122,174.48 126,450.83 130,875.92 14 Page 283 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 12S SENIORITY Section 1. Seniority shall be computed from the date of promotion to Sergeant. If two (2) Sergeants have the same date of promotion, the date of initial appointment to the service of the City as a Police Officer shall be the determining factor. Section 2. Seniority shall accumulate during all authorized leaves. Section 3. Seniority shall be the determining factor for the selection of vacations and overtime assignments. Section 4. The City shall have the right to determine the number of Sergeants assigned to each division and each shift. Section 5. For layoffs and other non -disciplinary reductions in personnel, Police Sergeants will displace lower ranking officers in the event that the department is required to layoff personnel. For example: if a Police Sergeant's position is to be abolished, the incumbent with the least seniority in the position of Sergeant would displace a Police Officer, who would displace any probationary or provisional or temporary, or be separated as the case may require. 15 Page 284 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 13S ADDITIONAL MONETARY BENEFITS Section 1. Compensatory Time (a) Bargaining unit members may be eligible for compensatory time accrual at the discretion of the Police Chief (or Designee) for participating in required educational and/or required training activities, special projects, and/or events. In addition, members are eligible to convert any overtime hours to compensatory time, subject to the following: i. All compensatory time will be earned/accrued at the rate of one and a half (1.5) times for each one (1) hour worked [in quarter (0.25) increments] and with a maximum accrual cap of two hundred forty (240) hours. ii. When a member's compensatory time accrual balance reaches two hundred forty (240) hours, the member is no longer eligible to accrue compensatory time until the accrual balance falls below one hundred ninety-five (195) hours. The member is also required to schedule and use a minimum of forty-six (46) compensatory time hours within the next one hundred eighty (180) days. iii. In the event the memberfails to schedule and take a minimum of forty-six (46) compensatory hours during the one hundred eighty (180) day period, dates will be scheduled by a Command Staff member and required to be taken as scheduled. iv. Reasonable compensatory time requests of one (1) day that are denied for operational reasons will be considered for payout up to three (3) times during each fiscal year. V. Members are prohibited from using compensatory time for the same hours that the member also is also actively performing work for the City (exclusive of off-duty details). (b) A bargaining unit member who is promoted to a position outside of the Police Sergeants bargaining unit, or who separates from employment will be paid the balance of all unused compensatory time at his/her last hourly base rate of pay in the Police Sergeants' rank. Section 2. Call Back The Department shall develop a call-back policy, based on seniority, which provides for the following: A. Shift vacancies or vacancies created by special events or other exigent situations will be filled by sergeants from the off -going shift or those currently on duty. This establishes that shift supervisors whose end time is 0500 are eligible for the day shift 16 Page 285 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 vacancy starting at 0430. The thirty (30) minute overlap does not preclude off -going shift supervisors from eligibility, as long as the overlap is while the eligible supervisor is working and not after the supervisor has completed his shift and has gone out of service prior to the shift vacancy. B. In the event that vacancies cannot be filled by on duty, off going sergeants, those sergeants who are not on duty will be offered the vacancy through a "seniority wheel" process. Sergeants will be called in order of seniority until the vacancies are filled. On the next occasion where a vacancy is to be filled by other than on duty, off going sergeants, the starting point on the seniority wheel will be the name of the sergeant immediately after the sergeant who elected to fill the last vacancy using the "wheel" process. C. No employee shall work more than sixteen (16) hours in any twenty-four (24) hour period absent a designated emergency. D. Call back is defined as any time an employee is called into work when he/she is off duty, or when the work time is not contiguous with his/her assigned shift. In the event of call back, the employee shall be compensated for the actual time worked, but not less than three (3) hours at the rate of pay one and one-half (1.5) times his or her regular rate of pay. When an employee is called for call back, (s)he will be guaranteed a minimum of three (3) hours at a time and one-half, and at his/her supervisor's discretion, the employee may be required to work the entire three hours of longer. E. Sergeants who elect to fill a vacancy on the upcoming shift and who were not on duty immediately preceding the vacancy to be worked, will be paid time and one-half their regular rate of pay for each hour actually worked with a minimum payment of three hours at the overtime rate. Section 3. Stand-By/On Call Pay A. Employees directed to be on operational stand-by status or on call must be able to respond to a specified location on duty within one (1) hour and shall be compensated for one hour at time and one half (1.5) the employee's regular rate of pay for each day (24-hour period) on call. B. In the event a bargaining unit member on call responds for duty, the bargaining unit member shall receive, additionally, Call Back pay as provided in this Article. C. Any member, regardless of their assignment, placed in an "On -Call" status, must have the approval of the Chief of Police (or Designee). Section 4. Court Time A. Court time will be paid at time and one-half when the officer is not on his regular assignment. An officer on court time will be compensated a minimum of three (3) hours at time and one-half. B. An employee who has been instructed to remain on standby for court appearance purposes during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of 17 Page 286 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When an employee is required to stand by for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight time. If an officer does go to court he will be paid for the court time indicated in Section A and not receive standby time pay. C. Bargaining unit members may report directly to court without prior check in at the police station. Members are still required to document their attendance at the court house and submit documentation to the Department. D. If a court appearance is contiguous with the end of the Sergeant's shift, court time shall be compensated as any other overtime assignment. E. Court time will be paid at time and one-half when the Sergeant is not on his regular assignment. A Sergeant on court time will be compensated a minimum of one (1) hour at time and one-half (1.5) and at this same one and one-half (1.5) rate for all remaining hours. Section 5. Administrative Sergeant Pay One Sergeant per Uniform Services platoon per day will serve in the capacity of Administrative Sergeant and shall be entitled to receive thirty (30) minutes of overtime pay for performance of tasks generic to the position such as organization, shift preparation, and review of subordinates' work, provided they arrived to work thirty (30) minutes prior to the scheduled shift. Section 6. Reserved Section 7. Reserved Section 8. Continued Service Incentive Following October 1, 2022, on the anniversary date of the member's sworn service date, in recognition of the continued service and of the value that experienced employees provide to the Police Department, the City will provide a Continued Service Incentive at the following milestones, as an annual incentive payment on the member's said anniversary date': Years Amount 11-15 $ 750.00 16-20 $1,500.00 21+ $3,000.00 Section 9. Language Proficiency Incentive Members who are proficient/fluent in speaking, reading, writing, and understanding oral ' The continued service incentive and language proficiency incentive will be included in the definition of pensionable earnings (total cash remuneration), as permissible. 18 Page 287 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 communications in the languages of Creole or Spanish and who have successfully passed a language proficiency test through a vendor approved by the City and the Union are eligible to receive a Language Proficiency Incentive' of fifty cents ($0.50) per hour. [Note: The City and Union will collectively determine the standard proficiency level required for incentive eligibility once a vendor(s) has been selected. The final incentive details will be completed and available for implementation no later than November 15, 2022.1 19 Page 288 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 14 UNIFORMS Section 1. The City will provide up to three (3) full uniform sets per year and two (2) pairs of shoes per fiscal year. Purchase of shoes shall be limited to $150.00 per pair. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Police Chief (or Designee), and if adequate funds are available in the City Budget. Members of the bargaining unit assigned to plain clothes duty will receive, in lieu of uniforms, for clothing used at work, up to a total of $1,600.00 a fiscal year, limited to $400.00 installments at the end of each quarter. Section 2. Reimbursement, replacement or repair of personal clothing and equipment will be according to current department policies and procedures. The replacement will require the approval of the Chief of Police. The Detective or Uniformed Officer claiming a replacement will be required to include, with his/her claim, an explanation of the circumstances of the damage and appropriate reports concerning the incident where damage to his uniform took place. This allowance shall commence from the date of assignment on a pro -rated basis. Uniformed Officers assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accord with the above for the three (3) months and pro -rated thereafter. Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall notify those employees that are eligible, to take their uniforms only to the approved dry-cleaning establishment in Boynton Beach selected by the City. Members assigned to plain clothes will be given a cash cleaning supplement equivalent to the cleaning benefit provided to uniform officers. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro -rated basis. 20 Page 289 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 15 ANNUAL OCCUPATIONAL FITNESS EVALUATIONS Section 1. Physical Evaluation: A. Mandatory Participation Due to the importance of certification of fitness for duty, bargaining unit members are required to attend and participate in an occupational fitness evaluation as scheduled, once per term of this Agreement. [Note: The City and Union agreed that all members who were active on or before August 26, 2022, are required to participate in the occupational fitness exams that are scheduled from October 3, 2022 through October 21, 2022, and such participation will satisfy the member's mandatory participation requirement for the term of this Agreement.] B. Voluntary Participation Members of the bargaining unit may voluntarily participate in this exam process during years in which a member is not required to participate, pursuant to Section 1.(A) of this Article. (1) In order to voluntarily participate, a member must notify the Director of Human Resources and Risk Management by email no later than May 11t of each year of this agreement. (2) Due to the advanced notice required to schedule these exams through the vendor and the cost to the City, voluntary participation status is "locked in" as of May 1st of each year and no changes/cancellations will be accepted after that date. (3) In the event a member who voluntarily elected to participate decides not to participate after May 1st, but prior to completing any portion of the exam, the member is responsible for reimbursing the City for the total cost of the exam through either a payroll deduction or by a check made payable to the City of Boynton Beach, within thirty (30) days of cancellation. [Note: The per member cost for the exam for FY 2022-2023 is $420.001 In no instance will the reimbursement cost be greater than $420.00. The Director of Human Resources may waive the reimbursement cost at his/her discretion based on the unit member's explanation of cancellation, if one is provided. (4) A member who voluntarily elects to participate and completes any portion of the exam process is then subject to the same provisions as those who are required to participate. C. Miscellaneous Provisions In any instance where a bargaining unit member completes an evaluation off duty, (s)he will receive compensation equaling two (2) hours at a rate of one and a half (1.5) times the bargaining unit member's hourly rate of pay. 21 Page 290 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 (1) It is the responsibility of the bargaining unit member to ensure that this physical evaluation and all follow-up testing required solely as a result of being found "unfit for duty" by a medical doctor are completed in a timely manner and as scheduled. (2) Failure to attend, and/or participate in the mandatory occupational fitness evaluation as required will result in the bargaining unit member being placed on a "no work" status until the evaluation is complete. Compensation for time in a "no work" status will be through the use of only accrued and unused sick leave, compensatory time, and vacation leave (in that order). If all aforementioned leave time is exhausted, the bargaining unit member will be placed in an unpaid status until such time that the full evaluation and any required follow up is completed. (3) For the term of this Agreement, the City will contract with a qualified medical provider to perform occupational fitness evaluation. Records associated with this physical evaluation and any follow up evaluations required solely in connection with the return to work of an employee who was found to be "unfit for duty" are provided to the Director of Human Resources and Risk Management, who will ensure the records are properly maintained in the employee's confidential medical file, which is separate from the employee's personnel file. Further, an employee who was found to be "unfit for duty," or who was recommended for referral to another medical provider, may be contacted by Human Resources and Risk Management regarding ADAAA, FMLA, and/or Workers' Compensation. Section2. Immunization: The City shall provide opportunity for members to receive immunizations during the term of this Agreement for all members as a means of protection from the following: • Hepatitis —Type B: Available to all bargaining unit members o Members who refuse to be immunized for Hepatitis Type Band who later contract that disease shall not be presumed to have contracted the disease while on duty. • Hepatitis —Type A: Available to all bargaining unit members. o Members who refuse to be immunized for Hepatitis Type A and who later contract that disease shall not be presumed to have contracted the disease while on duty. • The City shall offer flu shots for all members as a means of protection from contracting the flu while working during flu season. Section 3. Other Testing: • The City shall provide lead testing for Range Instructors. • The City will provide for AIDS and Hepatitis screening in instances where a member is exposed to situations or persons presenting such biological contamination threat. 22 Page 291 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Section 4. Exposures: The City acknowledges and complies with all statutory notice requirements and presumptions regarding exposures in the line of duty. 23 Page 292 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 16 GROUP INSURANCE Section 1. Medical, Vision and Dental Insurance The sole medical benefit plan available to employees will be a High Deductible Health Plan (HDHP). The cost for "employee only" coverage for the HDHP medical, dental, and vision insurance premiums shall be paid by the City for bargaining unit members while they are employed by the City. Members are responsible for the cost of covering dependents on these plans. The City Commission, through the Annual Budget process, may appropriate funds to subsidize employees' premium costs for employees who cover dependent children on their City medical plan. Any subsidy offered does not extend beyond the plan year for which it is budgeted, and the offering of, and/or amount of, any such subsidy is not subject to negotiation. Medical Insurance: HSA Contributions: The City will contribute an annualized total of one thousand five hundred dollars ($1,500.00) into a bargaining unit member's Health Savings Account (HSA) on the first full pay check date following January 11t of each year of this Agreement. i. In order to be eligible for the annual HSA deposit above, a bargaining unit member must have been actively employed with the City on September 30' of the preceding year to receive the next following contribution. ii. The IRS prohibits members who have medical insurance through Medicare, Tricare, or Tricare for Life from contributing or receiving contributions into an HSA plan; therefore, the City will provide the cash equivalent in the member's first full paycheck following January 15tof each year of this Agreement. a. In order to receive this payment, the member must email the Director of Human Resources and Risk Management no later than November 30' of each year of this Agreement with documentation that shows the member is covered on one of the aforementioned plans. New Hires: Bargaining unit members hired on or after October 1st of each year, and who elect to be covered on the City's medical insurance, will accrue one hundred and twenty-five dollars ($125.00) per active month of service for the City to deposit into their HSA through September of that plan year. This initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. 24 Page 293 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Leave Time Conversion to HSA: The City will provide opportunities to convert an annualized total of up to one thousand five hundred dollars ($1,500.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. This conversion can be done at the following times during each plan year (2022, 2023, 2024, and 2025): i. October 1st — November 15th (any amount up to an annualized total of $1,500.00). ii. April 1st — April 30th (any amount up to an annualized total of $1,500.00). iii. "Annualized" means plan year/contract year/fiscal year (October 1st through September 30th) Section 2. Life Insurance: Bargaining unit members are provided with a sixty thousand dollar ($60,000) term life and accidental death policy with the premium paid by the City. 25 Page 294 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 17 LEAVES Section 1. Vacation A. Accrual: 1. Bargaining unit members accrue vacation hours each pay period when they are in an active paid status of twenty-four (24) or more hours in a work week. No member may use more vacation leave than (s)he has accrued. The chart below shows the maximum annual accrual of vacation hours based on years of service: Years of Service Vacation Hours 1 year 96 2 years 120 3 years 120 4 years 128 5 years 136 6 years 144 7 years 152 8 years 160 9 years 168 10 years 176 11 years 176 12 years 176 13 years 176 14 years 176 15 years 176 16 years 192 17 years 192 18 years 192 19 years 192 20 years 192 21 years & after 200 2. A bargaining unit member may accrue vacation hours up to the Allowable Maximum: the total vacation hours (s)he accrued in his/her two (2) most recent years of employment. During the fiscal year, vacation hours may accrue beyond the Allowable Maximum; however, any accrued and unused vacation hours exceeding the Allowable Maximum on September 30' of each year will be forfeited. B. Requests: 26 Page 295 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 1. Vacation requests may be submitted from 14 - 105 days in advance for vacation. In the event of conflicting requests for vacation dates, the senior member's request shall prevail provided the more senior member's request was submitted ninety (90) days prior to the date(s) requested. 2. Vacations of two (2) days or less may be made with twenty-four (24) hours of advance notice. 3. Request for emergency vacation leave will considered individually by the Chief. 4. A bargaining member who is absent without approval will not be compensated for the time absent and may be subject to disciplinary action. C. Bonus Vacation Hours: Members are eligible to accrue up to eight (8) Bonus Vacation Hours on a quarterly basis by participating in and/or meeting certain benchmarks in department and City safety and wellness incentives. Details of each quarter's incentive program benchmarks will be provided and published. Section 2. Sick Leave A. Accrual: Bargaining unit members will accrue sick leave on a bi-weekly basis (3.69 hours) for an annualized total of ninety-six (96) hours per year. In order to receive accrued sick leave in a work week, a member must have been in an active paid status of twenty-four (24) hours or more. No member may use more sick leave than (s)he has accrued. B. Notice of Use of Sick Hours: Unscheduled Sick: A member shall notify his/her immediate supervisor or designee, in a manner provided for by management, of his/her illness not less than sixty (60) minutes before the start of his/her scheduled shift. If a member fails to call in within the specified time, the member may be subject to progressive discipline. This notice procedure shall be followed for each day the member is unable to report to work unless the member has been authorized by Human Resources and the City Manager for an extended leave of absence. Scheduled Sick: A member may request, with a minimum of forty-eight (48) hours of advanced notice, to use scheduled sick hours for medical, dental, optical, appointments and/or procedures. Documentation to support payment under the "scheduled sick" pay code must be provided with payroll. Unsubstantiated use of such time will result in the time being recoded to "sick." 27 Page 296 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Sick hours may be requested and/or utilized upon approval of the Police Chief (or Designee) for the following reasons: 1. Member's health, or up to forty (40) hours per fiscal year for illness of immediate family member: the member's parent, spouse, or child. 2. Medical, dental, or optical treatment that is determined in writing by a physician to be necessary and must be performed during working hours. 3. Quarantine due to exposure to contagious disease. 4. In connection with a member's Workers' Compensation case, where (s)he has declined a light duty assignment or where no such assignment is available. 5. In connection with an approved Family and Medical Leave Act (FMLA) leave for a serious medical condition of the member, or the member's immediate family member, as defined in (FMLA). The following conditions may be deemed as excessive/abusive use of sick leave and may result in a referral to Human Resources for FMLA and/or progressive discipline: 1. Members who have developed a pattern of sick leave usage. 2. Members who are required to use vacation leave in lieu of or in supplementation of sick leave to compensate for absences (except approved FMLA). C. Documentation Required: For any use of sick time in excess of three (3) consecutive workdays, a member is required to provide written medical certification to the Human Resources and Risk Management Department upon return to work. Additionally, a member who calls out sick after being ordered to work a holiday, special event, or other mandatory assignment, is required to provide a doctor's note to Human Resources and Risk Management upon return and to notify their immediate supervisor that this documentation has been submitted. "Consecutive work days" means any day for which a member was scheduled to work, including additional or "overtime" shifts. D. Payout of Sick Leave 1. Members who are terminated from the City are not eligible for a payout of sick leave. 2. Members will have payment made for their accrued and unused sick hours, at the percentage specified in the table below, upon resignation, retirement, 28 Page 297 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 change in status from full time to part-time, or death. (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the appropriate Pension Plan). Continuous Years of Service Less than 5 full years years but less than 10 full years More than 10 full years Upon retirement from the City Percentage of Sick Leave Payout 0% 25% 50% 50% 3. An employee retains his/her accrued and unused sick hours while employed in a full time position with the City. If an employee's status converts to a part- time position, whether voluntarily or involuntarily, (s)he will have his/her accrued and unused sick leave paid out pursuant to the aforementioned table. E. Sick Leave Conversion: Members who have more than one hundred twenty (120) hours of sick leave as of September 11t of any contract year may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed eighty (80) hours. This conversion payout will occur by September 30tH F. Sick Leave Donations: Sick Leave Donations are available pursuant to City policy. Section 3. Personal Leave At the sole discretion of the Police Chief (or Designee), a member may be granted up to sixty (60) hours of paid personal leave in a fiscal year. There is no entitlement to Personal Leave, and the Police Chief's approval of or denial of such leave is not subject to grievance. Section 4. Bereavement Leave In the event a member has experienced the death of his/her mother, father, foster parent, step-parent, brother, sister, husband, wife, registered domestic partner, son, daughter, grandparents, grandchildren, mother-in-law, father-in-law, sister-in-law or brother-in-law, or grandparent of spouse or registered domestic partner, a member may use paid compassionate leave not to exceed three (3) consecutive shifts for any one death. However, if it is necessary for the member to leave the State in connection with the internment of the deceased, the member may use an additional two (2) consecutive shifts. Members must submit proof of death within thirty (30) days in order to be eligible for paid compassionate leave. The City Manager may grant additional compassionate leave at his/her sole discretion. 29 Page 298 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 18 HOLIDAY PAY Section 1. Bargaining Unit Members will receive Holiday Pay in the following manner: A. The second paycheck in October, members will receive 90 hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Veterans' Day o Thanksgiving Day o Day After Thanksgiving o Christmas Eve o Christmas Day o New Year's Day B. The second paycheck in January, members will receive 90 hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Martin Luther King, Jr. Day o Presidents' Day o Memorial Day o Juneteenth o Independence Day o Labor Day Section 2. Bargaining Unit Members must be actively employed on the paycheck date in order to receive the Holiday Pay in Section 1. Section 3. Bargaining Unit Members who leave employment must pay back any holidays for which they were paid but were not employed on date of holiday. This payment will be deducted from the member's final pay check at the hourly rate at which the holiday was paid. Section 4. New Hires will receive Holiday Pay on a pro -rated basis on the first paycheck of the month following date of hire. The proration will be calculated as follows: A. If hired between October 1st and January 1st, (s)he will receive Holiday Pay for only the holidays in Section 1A that occurred while (s)he was actively employed. 30 Page 299 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 B. If hired between January 2nd and September 30th, (s)he will receive Holiday Pay for only the holidays in Section 1B that occurred while (s)he was actively employed. Section 5. There is no additional pay, premium or otherwise, for time worked on City - observed or actual holidays. Section 6. There is no pay, premium or otherwise, to Bargaining Unit Members who do not work on City -observed or actual holidays. Section 7. Members with non -road patrol assignments whose scheduled work day falls on a City -observed holiday may have the following options (based upon scheduling approval of Supervisory Chain of Command): a) Work on the City -observed holiday and get paid at straight time for the actual hours worked, or b) Not work on the City -observed holiday and request to use paid leave (such as available comp time or vacation leave) to be compensated for the hours, or c) Not work on the City -observed holiday and be in an unpaid status for those hours (absent any request to use available paid leave), or d) With advanced agreement and approval from supervisor, a non -road patrol member may flex his/her schedule during any work week in which there is a City -observed holiday. 31 Page 300 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 19 FUNERAL EXPENSES Section 1. The City will make a payment of fifteen thousand dollars ($15,000.00) to the beneficiary of bargaining unit employees considered by law to have expired in the line of duty. Section 2. All employees shall complete the appropriate form to designate by name and address, the individual to whom such funds are to be paid. In the event of conflicting claims for payment, the City will interplead the funds by court proceeding if the parties with conflicting claims cannot resolve their dispute within sixty (60) calendar days. 32 Page 301 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 20 TRAINING Section 1. a. Mandatory Officer Training Requirements All basic mandatory training and retraining that an officer is required to attend while off duty will be compensated at a rate of one and a half (1.5) times the officer's hourly base rate for actual time in training. b. Conferences, Seminars, Other Training/Special Programs Other off-site training/special programs, including but not limited to conferences and seminars, for which the City approves a member to attend and pays the associated expenses are exempt from compensation other than the member's hourly base rate of pay for hours of actual classes while in attendance and for any hours the member is attending that were regular scheduled work hours. The City reserves the right to flex a member's work schedule to reduce the cost of overtime that may result from a member attending such classes on non- scheduled work days. Section 2. Weapons Training The content and course of weapons training will be established by the Chief of Police. Each member will be allowed three opportunities to meet prescribed qualification standards. If the officer does not qualify in three attempts, they will be required to qualify on their own time and expense to remain eligible for employment as law enforcement officers. Section 3. College Tuition The City will reimburse eligible members for tuition pursuant to the City's Tuition Assistance Program, which is attached as Addendum "C." The provisions of this Section and Addendum "C" relate to the reimbursement assistance for General Education Core Courses and Degree Program Core Courses. For the term of this Agreement, Tuition Assistance is funded at thirty-five thousand dollars ($35,000) per fiscal year and covers members of both the Police Officers & Detectives unit and the Police Sergeants unit. The provision of the City's Tuition Assistance Program that restricts DROP participants from eligibility is not applicable to members of any PBA bargaining unit. Section 4. The City reimburse members for authorized expenses associated with attending training and special schools as approved by the Police Chief. 33 Page 302 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 21S REPRODUCTION The City will post the Agreement on the City's shared drive or any other electronic distribution system. 34 Page 303 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 22 PERSONNEL RECORDS Section 1. A personnel file for all City employees is maintained by the City's Human Resources Department. Employees may inspect and obtain copies of personnel files in accordance with Florida Law. Section 2. Internal affairs investigatory files will be maintained in accordance with Florida State Statutes. Section 3. All bargaining unit members covered by this Agreement must be notified within twenty-four (24) hours of the request in writing (E-mail is acceptable notification) when someone other than a City employee requests to review the bargaining unit members' personnel/I.A. file, unless the file is being inspected by a governmental agency (including IRS), or state attorney, in the conduct of a lawful criminal investigation when confidentiality of the investigation is requested. 35 Page 304 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 23 LEGAL ACTION Section 1. In accordance with Florida Statutes, the City will provide legal defense for a member against any civil damage suits wherein said member is a named party and wherein the alleged damages were allegedly caused by the actions of said member while acting within the scope of his/her authority and within the course of his employment. Section 2. The City will indemnify all members against judgments for compensatory damages entered against them as a result of their actions to the extent that the City is found liable for such actions. Section 3. The City will select the Attorney who is to defend the employee relative to this Article. Section 4. The employee will be responsible for filing any counterclaims at his/her expense. 36 Page 305 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 24 DISCIPLINE Section 1. The Parties recognize that the interests of the community and job security of the bargaining unit members depends upon the City's success in providing proper and efficient services to the community. To this end, the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals of effective municipal management and public safety. The Parties recognize the need for progressive and appropriate discipline when an employee's conduct and job performance are inconsistent with said goals. Section 2. No bargaining unit member shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. The following disciplinary actions shall be utilized and, depending on the severity of the offense, the first action may be at any appropriate level including dismissal. A. Written Notice/Reprimand B. Unpaid Suspension C. Demotion D. Termination Discipline is classified as either major or minor, as follows: MAJOR DISCIPLINE is a(n): • Unpaid Suspension of more than sixteen (16) hours; • Demotion, or; • Termination. MINOR DISCIPLINE is a(n): • Written Notice/Reprimand, or; • Unpaid Suspension of sixteen (16) hours or less. Section 3. Any bargaining unit member who has been promoted, and who thereafter is demoted, shall be returned to the position and shift(s) he or she occupied immediately prior to the promotion or to a position and shift consistent with his or her seniority as a sworn officer with the Boynton Beach Police Department, whichever is more favorable for the member. Personnel re-entering the bargaining unit as provided above shall be placed in their respective Step Pay Plan based upon their completed years of sworn service with the City of Boynton Beach Police Department at the time of demotion. Section 4. No Employee shall be subject to major discipline without first being afforded a pre -determination conference with the City Manager. No pre -determination conference shall be conducted with less than fifteen (15) calendar days' notice to the Employee. 37 Page 306 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Section 5. Unpaid suspensions will be imposed in increments of eight (8) hours loss of pay. Section 6. Members will be ineligible to work off duty details during any calendar day on which they are observing a suspension. Section 7. The City will provide notice to the PBA when it completes an investigation of bargaining unit members that could result in disciplinary action or when an employee is given a suspension. 38 Page 307 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 25 APPEALS OF DISCIPLINARY ACTION Appeals of disciplinary action shall be handled as follows: MINOR DISCIPLINE: Appeals to Major discipline shall be referred to Arbitration beginning at Step Three of the Grievance Process pursuant to Article 26. A. Written Notices/Reprimands may be submitted for review by the Chief of Police as follows: 1. Member must submit a written response to the Written Notice/Reprimand (email is acceptable) to the Chief of Police, with a copy to the Director of Human Resources and Risk Management, within fifteen (15) calendar days of issuance. 2. After review of a member's written response and within fifteen (15) calendar days, the Chief of Police may rescind the Written Reprimand. The Chief's determination will be in writing (email is acceptable) to the member, with a copy to the Director of Human Resources and Risk Management. The Chief's response may simply state the determination outcome. 3. The Director of Human Resources and Risk Management will ensure the member's employment file contains the originally issued Written Notice/Reprimand, the employee's written response, and the Chief of Police's determination to sustain, reduce, or reject the discipline. 4. Alternatively, a member is permitted to provide a written response to the Written Notice/Reprimand to both the Chief of Police and the Director of Human Resources, up to 90 days following its issuance for inclusion in his/her employment file. However, the Chief of Police will not consider reducing or rejecting discipline from any written responses received after the deadline as stated above in A(1)-(3). B. Unpaid Suspensions of sixteen (16) hours or less (following pre -disciplinary meeting under Chapter 112, Florida Statutes) may be formally appealed to the Chief of Police, whose decision shall be final. A member may submit a written response to be included in his/her employment file. 1. Following the initial pre -disciplinary meeting and receipt of final discipline, an appeal shall be filed in writing via electronic mail to the Chief of Police and the Director of Human Resources and Risk Management within fifteen (15) calendar days of notice of the unpaid suspension. 2. The Chief of Police shall render a decision within fifteen (15) calendar days of the appeal. 3. The Chief of Police's decision may be to sustain, fully reject, or lessen the discipline. The Chief of Police (or Designee) may, at the request of the member, conduct interviews with 39 Page 308 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 departmental staff or members of the bargaining unit as part of his/her formal review of the discipline and of alleged violations of this Agreement and/or Chapter 112, Florida Statutes, if applicable. MAJOR DISCIPLINE: A. Pre -Disciplinary Meeting with the Chief of Police under Chapter 112, Florida Statutes: 1. Following the initial recommendation of discipline, members may schedule and attend a Pre -Disciplinary meeting with the Chief of Police, pursuant to Chapter 112, Florida Statutes and within thirty (30) calendar days of the issuance of Major Discipline. This request must be in writing (e-mail is acceptable) to the Chief of Police with a copy to the Director of Human Resources and Risk Management. 2. After the meeting, if one is requested, or after receiving the member's written statement in lieu of a meeting, the Chief of Police will render his final disciplinary decision within fifteen (15) calendar days. 3. If a member does not request and attend a pre -disciplinary meeting with the Chief of Police, or does not provide a written statement in lieu of a meeting, within thirty (30) calendar days of the initial recommendation of discipline, then the Chief of Police's initial discipline recommendation will stand. However, the member may opt to waive the meeting with the Chief of Police and proceed directly to the Predetermination Conference with the City Manager. B. Predetermination Conference with the City Manager: 1. Prior to the imposition of Major Discipline, a member may elect to participate in a Predetermination Conference with the City Manager. The member must request a conference with the City Manager within fifteen (15) calendar days of the final determination by the Chief of Police. 2. Members will have a minimum of fifteen (15) calendar days' notice of the date of the Predetermination Conference. 3. The City Manager will render a disciplinary decision, which is final, within thirty (30) calendar days of the predetermination conference. C. Arbitration: Following a Predetermination Conference with the City Manager, if the final recommendation of discipline remains as Major Discipline, then the matter may be referred directly to Arbitration, beginning at Step Three of the Grievance Procedures pursuant to Article 26, S.A. 40 Page 309 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 26 GRIEVANCE AND ARBITRATION PROCEDURE Section 1. A grievance, as used in this Agreement, is limited to a complaint or request of a bargaining unit member or the PBA which involves the interpretation or application of, or compliance with, the provisions of this Agreement. Appeals of disciplinary action are not grievances but may be brought following the procedures set forth in Article 25 and Step Three (3) of this Article. Section 2. Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration. Section 3. In the event a grievance should arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. Section 4. All references to "days" in this Article shall mean calendar days. Section 5. Procedures A. Grievance Procedures Step One — Police Chief The aggrieved employee(s) or an Association representative on behalf of an aggrieved employee(s) shall file a Step One written grievance by electronic mail to the Police Chief and the Director of Human Resources and Risk Management on or by the fifteenth (15tn) day of the occurrence or on or by the fifteenth (15t") day of when the employee(s) knew or should have known of the occurrence. All grievances shall include the following: a. Statement of the grievance and the facts and circumstances upon which it is based; b. Name and rank of grievant(s); c. The Article(s) and Section(s) of the Agreement alleged to have been violated; and d. The remedy requested; All class action grievances shall also include: 41 Page 310 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 a. Statement indicating the grievance is a class action; and b. Signature of a PBA Union Official/Attorney. The Police Chief's Step One response shall be transmitted to the Union and to the Director of Human Resources and Risk Management on or by the tenth (10th) day of receipt of a grievance. If the Police Chief does not respond in writing via electronic mail, the grievance is presumed to be denied and the employee or an Association representative may advance the grievance to Step Two. Step Two — City Manager (or Designee) If no resolution is reached at Step One, the aggrieved employee(s) or the Association representative on behalf of the aggrieved employee(s) may file a Step Two written grievance by electronic mail to the City Manager and the Director of Human Resources and Risk Management on or by the fifteenth (15th) day of receipt of the Police Chief's Step One response. The City Manager (or Designee), at his/her discretion, may conduct interviews with the grievant(s), the Union representative(s), members of the bargaining unit, and/or management to discuss the grievance. The City Manager (or Designee) must notify the Union and Grievant within seven (7) days of receipt of the Step Two grievance if (s)he intends to conduct interviews. Once such notification is made, the time period for the City's Step Two response is tolled with mutual agreement by the Union until the interviews can be scheduled and conducted. The City Manager (or Designee) shall respond in writing to the Step Two grievance by electronic mail no later than thirty (30) days of receipt of the Step Two grievance or by a mutually agreed upon extended date. If the City Manager (or Designee) does not respond in writing via electronic mail, the grievance is presumed to be denied and the aggrieved employee or an Association representative may move to the next step. Step Three — Arbitration If the grievance has not been settled by Steps 1 and 2, the PBA or the City may request arbitration within fifteen (15) calendar days of receipt of the City Manager's (or Designee's) reply or when a reply was due, if none is submitted. Following a Predetermination Conference with the City Manager under Article 25, appeals of disciplinary matters continue at this Step of the Grievance Process. Notices to the City under this section must be sent to the City Manager and to the Director of Human Resources and Risk Management, and electronic mail is sufficient. Notices to the PBA under this section must be sent to the assigned PBA attorney, with a copy to PBA President. 42 Page 311 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 B. Arbitration Procedures The Party requesting arbitration must timely file with the American Arbitration Association (AAA) or Federal Mediation and Conciliation Service (FMCS) for a panel of seven (7) arbitrators on or before the fifteenth (15t") day deadline, and a copy shall be served on the other Party. The rules for conduction of the arbitration will not be the rules of AAA or FMCS unless agreed to by the City and PBA, but will be governed by the terms of this Agreement. 1. Arbitrator Selection Each Party retains the right to reject one panel in its entirety and request that a new panel be issued at the rejecting Party's expense. The grieving party shall strike the first name with each Party alternating strikes thereafter until only one arbitrator's name remains. The last name remaining shall be the arbitrator. The arbitrator shall determine the date(s) and time(s) of the hearing subject to the availability of the Union and the City. Arbitration will be conducted at a location mutually agreeable to the City and the Union. 2. Arbitration Fees and Expenses All fees and expenses of the arbitrator shall be divided equally between the Union and the City; however, each Party shall fully bear the expense of preparing and presenting its own case, including the cost of witnesses and other people it requires to attend the arbitration. 3. Arbitrator Authority and Award The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision of the arbitrator is final and binding on the parties. If the arbitrator reverses the discipline in its entirety, the Employee will be made whole. Any and all procedures regarding arbitration which are not specifically set forth in this Section shall be governed by this Article. The decision of the arbitrator is final and binding on the Parties subject only to the rights of the parties to confirm, clarify, or set aside the award as set forth in the Florida Arbitration Code. The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if any, or of the transcript if Parties have agreed to submit the transcript in lieu of briefs. The arbitrator shall submit his/her decision in writing with a statement of findings and reasons within thirty (30) days of the receipt of briefs, if any, or receipt of the transcript if Parties have agreed to submit the arbitration transcript in lieu of briefs. 4. Other Provisions 43 Page 312 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 A transcript of the Hearing will be made, unless waived by both Parties. The cost, including the arbitrator's copy, will be shared equally by the Parties with the PBA share not to exceed $500.00. Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the close of the Hearing or after receipt of the transcript, if a transcript is requested. By agreement of both Parties, a meeting will be held at any step of the grievance procedure. Settlement of a grievance prior to the issuance of an arbitration Award shall not constitute precedent nor shall it constitute an admission that the Agreement has been violated. A probationary employee may not grieve any matter concerning assignment, or discharge for reasons of failure to meet performance standards. 44 Page 313 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 27 PERSONAL VEHICLES Section 1. When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools and seminars. 45 Page 314 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 28 DRUG TESTING The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. Bargaining Unit employees are subject to random, reasonable suspicion, and post -accident drug testing. The Drug Free Workplace Policy approved by the City and the PBA is attached as Addendum "A." 46 Page 315 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 29 POSTING OF ASSIGNMENT AND PROMOTIONAL OPPORTUNITIES Vacancies in positions or assignments will be posted in-house no less than five (5) calendar days before the application deadline for the position or assignment. Members applying for a posted position or assignment must meet the qualifications on the final day of posting; for example, while the member may not be eligible at the time his/her application is submitted, if the member will satisfy all of the qualifications by the final day of posting, then the submitted application shall be accepted and considered. 47 Page 316 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 30 COMPLETE AGREEMENT AND NON -WAIVER PROVISION Section 1. This Agreement is the complete Agreement between the parties, cancels all prior practices and agreements, and, except as expressly provided for herein, relieves the parties of the obligation to bargain on any subject during the term of this Agreement. Section 2. There is no past practice which results in a monetary benefit except as set forth expressly in this Agreement. All bargaining unit members are covered under the terms of this Agreement, Departmental Rules and Regulations and the City's Personnel Policy Manual and not under any Civil Service Rule/Regulation and heretofore in existence. (a) When the City intends to make changes to City or Departmental Administrative Rules or Regulations, or Procedures, the City will provided written notice to the PBA. This notice will include a description of the change and an implementation date which shall be no less than thirty (30) days from the date of notice. (b) If the PBA believes that that modification constitutes a change to wages, benefits or conditions of employment, PBA will have fifteen (15) calendar days from date of notice to advise the City if the PBA is requesting pre -implementation or post implementation impact bargaining and to identity with specificity the manner in which the modification affects the rights of its members. The PBA response shall include three (3) dates and times when the PBA is available to meet with the City to discuss/bargain the modification, excluding dates in the first ten (10) days following the PBA request. When bargaining is requested, it shall begin no less than ten (10) days following the PBA's request and shall be concluded within fourteen (14) days following the first bargaining session. (c) This provision is not a waiver, restraint or limitation on the City's management right to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. Further, this provision is not a waiver of the City's rights or the PBA's rights under Chapter 447, Florida Statutes. Section 3. Nothing in this Agreement shall be construed or interpreted as a waiver of the PBA's right to request bargaining or impact bargaining. Section 4. Nothing in this Agreement shall be construed or interpreted as a waiver or limitation on the City's management rights. 48 Page 317 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 31 SEVERABILITY Section 1. If any provision of this Agreement is found to be invalid by any courts having jurisdiction in respect thereof, such findings shall not affect the remainder of this Agreement, and all other terms and provisions shall continue in full force and effect. Section 2. In the event of such finding the Parties will meet within thirty (30) days to begin negotiations of a replacement Article or Section. 49 Page 318 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 32 DURATION This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission and shall remain in effect until September 30, 2025. No base wage increase, step, cost of living, or other compensation adjustments, except increases resulting from an assignment, shall be paid beyond September 30th of each year, except as provided in a subsequent Memorandum of Understanding or Collective Bargaining Agreement. 50 Page 319 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 33 TAKE HOME VEHICLES Section 1. The City agrees to continue the take home vehicle program during the term of this Agreement and to purchase as reasonably as possible the number of vehicles sufficient to supply eligible members of the bargaining unit. Section 2. Eligibility: • Members who reside within 60.0 miles of Police Headquarters (2100 High Ridge Road) are eligible for a Take Home Vehicle provided they: o Have successfully completed Field Training, and o Have not had their police powers suspended. • Members who are on modified/light duty related to a workers' compensation claim who do not have driving restrictions are eligible based upon availability of an unmarked vehicle. • Members who are on modified duty related to a non -work-related injury or temporary disability may be provided with an unmarked vehicle based on availability and seniority (ID number), provided their work restrictions do not prohibit driving. Section 3. Vehicles will be assigned on the basis of seniority (by ID number), with seniority bumping rights for Members transferred to patrol. Section 4. Assigned vehicles are not for personal use but for work only. Section 5. F.S. 627.7491 — Official law enforcement vehicles; motor vehicle insurance requirements: This statute took effect on July 1, 2022 and requires police departments to maintain auto insurance coverage to cover their vehicles when an officer travels to or from work in a take home vehicle. The City has the necessary insurance in place to comply with this statute. The coverage must also cover the time an officer travels to and from any other work assignment in the take home vehicle. However, there are two exceptions: 1. Coverage is not required if the officer makes any "distinct deviation for a nonessential personal errand." a. The City and Union define "distinct deviation" as any personal use of Take Home Vehicle other than de minimis use along the member's normal commute route. For example, stopping at a convenience store, bank, or fast food restaurant that is on a member's reasonable commute route is considered de minimis. 2. Coverage is not required if the officer "acts in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property." 51 Page 320 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 34 OFF-DUTY DETAILS All off-duty details (worked performed for a second party employer) require prior written approval by the Chief of Police (or Designee). Police Department Index Code 712 applies except as modified in this Article. Sworn Law Enforcement Officers in positions outside of PBA bargaining units are not prohibited from participating in the off-duty details program. The City will continue coordinating off-duty details. The net rate of pay for off-duty details paid to the officer will be set by the PBA, but no less than fifty dollars ($50.00) per hour with a three (3) hour minimum. PBA may change this rate at anytime with a minimum of fifteen (15) calendar days of written notice to the City. The City will act as the conduit for payment for off-duty details from the second party employer to the officer. The City may contract with a company or individual for processing. Payment to the officer is contingent on collection from the second party employer. Any payments for off duty detail work performed on behalf of a second party employer shall not be considered compensation for pension calculation purposes2. Each officer working an off-duty detail is deemed to be an independent contractor of the second party employer. However, police officers on off-duty details shall be permitted to utilize a City police uniform, radio and vehicle. For such usage, the City shall receive $7.00 dollars per hour for every detail worked to offset equipment costs. Details shall be assigned only to those officers who are off duty and no officer shall accept any off-duty detail when it interferes with his/her normal working hours. No swap of time is permitted to accommodate an off-duty detail. Each officer, while working off-duty details, shall adhere to City conduct standards. Any misconduct or breach of policies, rules and regulations will be handled through the Department the same as any on -duty activity. Z (4) "Compensation" or "salary" means, for non -collectively bargained service earned before July 1, 2011, orfor service earned under collective bargaining agreements in place before July 1, 2011, the total cash remuneration including "overtime" paid by the primary employer to a police officer forservices rendered, but not including any payments for extra du ,� or special detail work performed on behalf of a second par employer. § 185.02, Fla. Stat. Ann. BB Pension Code: Compensation or salary. The total cash remuneration including lump sum payments for accumulated sick and vacation leave and "overtime" paid by the primary employer to a police officerfor services rendered, but not including any payments for extra du or a special detail work performed on behalf of a second par emplover paid directlyto o the police officer by the second par employ 52 Page 321 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Any police officer who is on sick leave, workers' compensation or working light duty will not work any off -duty detail during that period. Any police officer on leave due to disciplinary matters shall not work off-duty details during the period of that suspension or removal from active duty. The Police Chief may suspend an employee's right to work off- duty details as a component of disciplinary action or as a component of a Performance Improvement Plan as a result of a conduct violation committed while on an off-duty detail. All Bargaining Unit Members assigned to cover off-duty details may report directly to their assignment without prior checking in or out at the police station; however, members must advise a supervisor personally or by radio. Bargaining unit members assigned to an off-duty detail shall comply with all current City and Department policies and procedures in effect. 53 Page 322 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 35 PENSION Section 1. Recent Historical Changes During Bargaining • Bargaining Unit Members hired on or after October 1, 2015 will have a pension multiplier of three percent (3%). • The vesting period for Police Officers and Detectives hired on or after October 1, 2016 is ten (10) years. • Upon ratification of the Agreement ending September 30, 2019, the City and the Union conformed to the statutory requirement to negotiate provisions of SB 172, codified as Laws of Florida 2015-39 by entering into a Mutual Consent Agreement, which provided that the Union to pay the City a total of $60,000 in $30,000 increments in November 2017 and November 2018. • Mutual Consent Agreement, included as Addendum "B," which provides that the City will receive a total of $90,000 in $30,000 increments in November 2019, November 2020, and November 2021. • Employees hired on or after October 1, 2019: Normal retirement — the earlier of age 55 and 10 years of credited service, or completion of 25 years of credited service regardless of age — Eliminating the 50 years of age with 15 years of credited service. • Employees hired on or after October 1, 2016: Early Retirement/Deferred Vested Retirement — 50 years of age with 10 years of credited service. • ALL: Maximum Retirement Benefit shall not exceed eighty-five percent (85%) provided that, in all cases, the benefit is at least 2.75% for each year of service. • ALL: Member Contributions toward Base Pension Benefit - Additional 0.5% pension contribution from all employees (excluding DROP participants) each fiscal year of the prior Agreement — Monies must be utilized for Unfunded Actuarial Accrued Liability (UAAL). • Year 1-0.5% additional contribution • Year 2-0.5% additional contribution • Year 3 —0.5% additional contribution 54 Page 323 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 • DROP — Employees hired on or after October 1, 2019 will receive interest at a rate of 0% - 8% depending on plan performance. These members will be required to remove their money from the DROP as stipulated in the DROP Ordinance. Section 2. Agreed Changes During Bargaining of Current Agreement • A Mutual Consent Agreement, included as Addendum "B," provides that the City will receive a total of $150,000 in $50,000 increments in November of each year of this Agreement (2022, 2023, 2024). • DROP — Effective October 1, 2022, all active members are eligible to participate in an eight (8) year DROP with a seven percent (7%) guaranteed interest rate on their full DROP balances. Members are required to resume contributions at three percent (3%) for years six (6) through eight (8) of the DROP, if they opt to participate. Active members who have already entered the DROP are eligible to extend their DROP provided they are not required to separate from service prior to October 1, 2022. 55 Page 324 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 36S NO STRIKE OR LOCK -OUT Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of Sergeants from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of Sergeants from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. Section 2. Neither the Union, nor any of its officers, agents and members, nor any employee organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any other interruption of the operations of the City. Section 3. Each Sergeant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bring about compliance with this Article and the strike prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida. Accordingly, the Union, its officers, stewards and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility, in event of breach of this Article or the law by other employees and upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike publicly. Section 4. Any or all Sergeants who violate any provisions of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City. 56 Page 325 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 37 WORKERS' COMPENSATION AND LEAVES OF ABSENCE Section 1. Workers' Compensation A. A bargaining unit member covered by Florida Statute, Chapter 440, Workers' Compensation, and in accordance with provisions set forth hereunder, shall be authorized to be absent from work due to injury or illness incurred while on duty, and directly related to work performed, until (s)he reaches maximum medical improvement or two (2) years, whichever comes first. B. The City is self-insured for Workers' Compensation. The City's Human Resources and Risk Management Department coordinates claims management for work-related injuries and illnesses. For information and policies regarding Workers' Compensation, contact the Human Resources and Risk Management Department. C. Members who are unable to work due to a work-related injury or illness, are entitled to have their workers' compensation payments supplemented for up to ninety (90) days to ensure they receive one hundred percent (100%) of their normal base pay, unless otherwise negotiated in a workers' compensation hearing. D. The City follows the provisions of Florida Statute, Chapter 440, Workers' Compensation. Bargaining Unit members who require follow up medical treatment are required to attend appointments while off duty. In the event a Bargaining Unit member needs to attend an appointment while on duty, due to scheduling conflicts identified by Command Staff, the member must use his/her available Sick Leave or compensatory time and vacation time if the member has no available Sick Leave. E. Reporting Work -Related Iniuries/Illnesses: 1. An employee who sustains a work-related injury or illness is required to immediately notify his/her supervisor and/or the Human Resources and Risk Management Department. Notification to the Human Resources and Risk Management Department is made 24/7 by calling: (561) 742-6677 or e -mailing: risk@bbfl.us. An employee who fails to promptly notify his/her supervisor or the Human Resources and Risk Management Department is subject to disciplinary action including termination of employment. F. FMLA in Conjunction with Workers' Compensation: 1. To the extent permissible by Law, the City designates lost time in conjunction with a workers' compensation claim as FMLA for members who meet the eligibility requirements and who have not yet exhausted their rolling 12 -month hours' entitlement. 57 Page 326 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Section 2. Modified Work (Light Duty) A. Modified Work Assignments (Workers' Compensation): 1. An employee who has been released to work with restrictions may be accommodated with a modified work (light duty) assignment at the discretion of the Director of Human Resources and Risk Management (or Designee) in consultation with the Police Chief (or Designee). An employee may choose to accept or decline the modified work assignment. If an employee declines an offer of a modified work assignment, the employee will be required to remain at home until released to full duty with no restrictions, and during this time, (s)he will be required to use accrued and available leave time in the following order: sick and vacation. Additionally, an employee who declines an offer of a modified work assignment and who meets the eligibility requirements for leave under FMLA will have his/her time off automatically designated as FMLA. (a) For more information regarding modified work as it pertains to Workers' Compensation, contact the Human Resources and Risk Management Department. B. Modified Work Assignments (Other): 1. The City complies with the Americans with Disabilities Act Amendments Act (ADAAA) to provide reasonable accommodations to employees who request them and are qualified. An employee may request an accommodation and/or more information by contacting the Human Resources and Risk Management Department. Section 3. Leaves of Absence A. Family and Medical Leave Act (FMLA): 1. An employee who has worked for the City for at least twelve (12) months and who has worked at least one thousand two hundred fifty (1,250) hours in the preceding twelve (12) months is eligible to request job -protected leave under FMLA for qualified reasons as defined by the law. 2. Requests for leave under FMLA must be submitted in writing on the designated form to the Human Resources and Risk Management Department. Leaves under FMLA are approved by the Director of Human Resources and Risk Management and the City Manager. Human Resources may designate as FMLA an eligible employee's qualified leave, including lost time due to a Workers' Compensation claim. 58 Page 327 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 (a) For more information regarding leave under FMLA, contact the Human Resources and Risk Management Department. B. Americans with Disabilities Act Amendments Act (ADAAA): 1. An employee may be entitled to leave as an accommodation for his/her disability under the ADAAA. (a) For more information regarding a leave accommodation under ADAAA, contact the Human Resources and Risk Management Department. C. Military Leave: 1. The City complies with Military Leave pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Florida Statute 115.07. 2. An employee must immediately notify the Human Resources and Risk Management Department upon notice of his/her need for Military Leave. (a) For more information regarding Military Leave, contact the Human Resources and Risk Management Department. D. Leave of Absence (Other): 1. An employee who is not eligible for leave under FMLA, ADAAA, or Military Leave may request a Leave of Absence for up to ninety (90) days. 2. A request for a Leave of Absence must be submitted in writing to the City Manager via the Director of Human Resources and Risk Management. The City Manager, in consultation with the Director of Human Resources and Risk Management and the Police Chief (or Designee), will consider an employee's request for a Leave of Absence on a case-by-case basis with the operational needs of the City being a primary factor in whether or not the leave may be granted. An employee who is on an approved Leave of Absence is subject to being recalled to service upon notice of the City Manager (or Designee). The City Manager's determination is final and is not subject to further review, appeal, grievance, or arbitration process. 3. Any approved Leave of Absence will require an employee to utilize his/her paid leave time in the following order: compensatory time, vacation, and sick. Once the employee has exhausted all available accrued time, the remainder of the Leave of Absence will be without pay. An employee will not accrue vacation or sick hours while on a Leave of Absence. The employee is responsible for the full cost of insurance premiums for work weeks in which (s)he is in an unpaid status for more than twenty-four (24) hours. 59 Page 328 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 38S QUALIFICATIONS FOR A BARGAINING UNIT POSITION Eligibility for hiring or promotion to a position in the bargaining unit shall be as follows: (a) Five (5) years of continuous experience as a Police Officer or Detective First Grade with the City of Boynton Beach immediately prior to hiring or promotion. (b) Must possess on effective date of hire and thereafter maintain FDLE certification. (c) Must possess on effective date of hire and thereafter maintain a Florida driver's license. 60 Page 329 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ADDENDUM "A" DRUG FREE WORKPLACE POLICY 1.1 PURPOSE The City of Boynton Beach is committed to providing a safe work environment for its employees and our community. Drug and alcohol abuse is national problem that is prevalent in society and impairs the health and safety of employees, promotes crime and harms our local community. Moreover, the illegal possession, use, sale, and distribution of controlled drugs are criminal acts that directly threaten the integrity of all employees in the City. The City is addressing this problem through its DRUG FREE WORKPLACE Program. Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe and productive drug and alcohol - free environment. We encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. The City considers substance abuse to be an unsafe and counterproductive work practice. 1.2 SCOPE This policy applies to all PBA collective bargaining unit members at the City of Boynton Beach. 1.3 DEFINITIONS 1. "Chain of Custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to the final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, and strong specimens and reporting test results 2. "Confirmation Test", "confirmed test" or "confirmed drug test" is a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. 3. "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. Threshold detection levels are established by Florida regulations. Therefore, activities participated in while off duty may result in positive drug tests. For DOT covered employees, alcohol includes any 61 Page 330 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols. Consumption of a preparation including alcohol (beverages or medicines). A list of the most common medications which may alter or affect a drug test are found in Section 1.5, Letter I of this policy. Employees and job applicants should review this list prior to submitting to a drug test. 4. "Drug test" or "test" means any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites. 5. "Employee" means an individual who works for salary, wages, or other remuneration for the City and is covered by the workers compensation act. 6. "Employee Assistance Program" (EAP) is an established program for employee assessment, counseling, and referral to an alcohol and drug rehabilitation program. 7. "Employer" means an agency within state government that employs individuals for salary, wages, or other remuneration. 8. "Initial drug test" means a screening procedure of the blood and/or urine of employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules. 9. "Job Applicant" means a person who has applied for a position with the City and has been offered employment conditioned upon successfully passing a drug test. 10. "Mandatory -testing position/Safety-sensitive position" means with respect to a public employer, a job assignment that requires the employee to carry a firearm, work closely with an employee who carries a firearm, perform life-threatening procedures, work with heavy or dangerous machinery, work as a safety inspector, work with children, work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check, pursuant to F.S. 110.1127, or a job assignment in which a momentary lapse in attention could result in injury or death to another person. 11. "Medical Review Officer (MRO)" means a licensed physician with knowledge of prescription drugs, pharmacology and toxicology of drugs, who may be responsible for receiving and reviewing all positive confirmed test results and who may be responsible for contacting all individuals who test positive in a confirmation test to inquire about possible medications which could have caused a positive result. The MRO need not be an employee of the City. 62 Page 331 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 12. "Prescription or Nonprescription Medication" means a drug or medication obtained pursuant to a prescription as defined by F.S. 893.02 or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments, or injuries. 13. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing may not be required except upon the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Among other things, such facts and inferences may be based upon: a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being underthe influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated. d. Evidence that an individual has tampered with a drug test during employment with the current employer. e. Information that an employee has been involved in an accident while at work: If a bargaining unit member is involved in an accident in which the member was driving a City owned vehicle, and any one of the following occurs: an individual dies, an individual suffers a bodily injury and receives medical treatment away from the scene of an accident, one or more vehicles (whether operated by a City employee or not) incurs damage as the result of the occurrence, or is transported away from the scene by a tow truck or other vehicle, and under any circumstances when the bargaining unit member is issued a traffic citation. ii. An order to submit to post accident testing can be made by a Police Sergeant or higher rank. Any bargaining unit member ordered for a post- accident drug test may, at the member's option, be accompanied to the testing by an available Union Representative. The Union Representative shall act as a quiet observer to the testing procedure and shall not interfere with the testing procedures or direct questions or comments to the testing personnel. The unavailability of a Union Representative shall not preclude the post -accident drug testing from taking place. 63 Page 332 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 iii. Refusal to submit to an order for post -accident drug testing, or intentionally delaying a post -accident drug test can result in termination; however, nothing herein shall abrogate a bargaining unit member's right to challenge the results of the drug test. f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment. 14. "Special -Risk Position" means a position that is required to be filled by a person who is certified under Chapter 633, Fire Prevention and Control or Chapter 943, Department of Law enforcement. 15. "Specimen" means a tissue or product of the human body including blood, urine, or saliva capable of revealing the presence of alcohol and/or illegal drugs or their metabolites. 16. "Stepping Forward" means that an employee comes forward and requests assistance for substance abuse prior to being selected for a random drug test, or prior to being ordered to submit to a reasonable suspicion drug test, fitness for duty evaluation, or prior to being involved in an accident or sustaining an injury, which requires drug testing. 1.4 POLICY A. It is the policy of the City that an employee found with the presence of alcohol, illegal drugs, or prescription medication in levels exceeding prescribed dosage in his/her system, in possession of, using, selling, trading or offering for sale illegal drugs or alcohol during working hours, may be subject to disciplinary action up to and including termination. A refusal to submit to a drug test is grounds for immediate termination. An employee reporting for work visibly impaired and that is unable to properly perform required duties, will not be allowed to work. The supervisor should first attempt to seek another supervisor's opinion of the employee's status. Then the supervisor should consult privately with employee with the observation, to rule out any problem(s) that may have been caused by prescription drugs. If, in the opinion of both supervisors, the employee is considered impaired, the employee should be drug tested by an authorized provider and then provided safe transportation home. An impaired employee must not be allowed to drive and if necessary can be transported home by a supervisor or another employee. It is the responsibility of the City's supervisors to counsel with an employee whenever they see changes in performance that suggest a potential employee problem. The supervisor may suggest that the employee voluntarily seek help from the employee 64 Page 333 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 assistance program or decide that the severity of the observed problem is such that a formal referral to the EAP should be made. B. Use of Prescription Medication/Drugs While on Duty 1. Prescription drugs prescribed by the employee's physician, who is licensed to practice medicine in the United States, may be taken during working hours in strict accordance with the provisions of the Policy. Employees should never use intoxicants or drugs that could cause impairment during work hours. An employee who is using a prescription medication while on the job shall do so in strict accordance with medical directions. 2. It is the employee's responsibility to notify the prescribing physician of his/her job requirements/functions to ensure that the physician approves the use of the prescription medication while the employee is performing his/herjob duties. It is recommended that the employee provide his/her physician with a copy of the FDLE standards for law enforcement officers so the physician is aware of the physical requirements of the position. 3. It is the employee's responsibility to immediately notify the Director of Human Resources and Risk Management or designee when (s)he is prescribed any medication that is considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03. Failure to disclose this information may result in disciplinary action up to and including termination of employment. The Director of Human Resources and Risk Management may require the employee to provide a note from his/her prescribing physician stating that the employee is able to perform the functions of a law enforcement officer while taking the medication as prescribed. 4. The employee shall notify the Director of Human Resources and Risk Management or designee if the use of his/her properly prescribed medications/drugs (other than those considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03) will affect the employee's work performance. 5. If the prescribing physician determines that the employee cannot perform his/her job duties without impairment while taking the prescribed medication, then the employee will be required to use his/her sick and/or FMLA leave, or unpaid leave if his/her leave pools are exhausted, until (s)he can return to work. If the employee reports to work, the City will presume that the employee is not impaired. 6. Abuse of prescription drugs will not be tolerated. 65 Page 334 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 A. Conditions of Pre -Employment The City will conduct a pre-employment screening examination designed to prevent hiring individuals who use drugs. 1. To determine the suitability of employees to work for the City the following pre-employment conditions are established: a) Job Applicants in mandatory -testing positions, safety -sensitive positions, and/or special -risk positions will be tested prior to employment for drug use and alcohol use. b) Any job applicant, as defined in the above -section, who refuses to submit to drug and alcohol testing as part of the pre-employment testing process will be refused employment. c) Any job applicant who tests positive for drugs or alcohol use will be refused employment. d) Confidentiality will be maintained pursuant to this policy. B. Employee Compliance It shall be a condition of continued employment for all employees to submit to drug and alcohol screening under the policy. If there is a conflict between this policy and the collective bargaining agreement, the collective bargaining agreement shall control. Refusal to submit to drug testing is grounds for immediate termination. Refusal to submit to drug testing is not a waiver of the employee's right to challenge both the order and the test outcome. C. Employee Assistance Program The City offers an Employee Assistance Program (EAP) which provides help to employees and their families who suffer from various difficulties including alcohol or drug abuse. In addition to the City's EAP Program, below is a list of local assistance programs and local drug and alcohol rehabilitation programs: a) Narcotics Anonymous Help Line : 561-848-6262 b) Drug Abuse Foundation of Palm Beach County: 561-278-0000 c) Palm Beach AI-Anon/AI-a-Teen Information :561-882-0308 d) Alcoholics Anonymous (Palm Beach County) :561-655-5700 e) Comprehensive Alcoholism Rehabilitation Program :561-844-6400 66 Page 335 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 It is the responsibility of each employee to seek assistance before drugs and alcohol lead to performance problems. 1. Use of the employee assistance program, on a voluntary basis, will not affect the determination of appropriate disciplinary action. 2. An employee's decision to seek assistance from the Employee Assistance Program on a voluntary basis prior to any incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding. On the other hand, using EAP will not be a defense to the imposition of disciplinary action where facts providing violation of this policy are obtained outside of the EAP. Accordingly, the purpose and practices of this policy and the EAP are not in conflict but are distinctly separate in their applications. 3. Through the EAP, the City will provide appropriate assessment, referral to treatment, and treatment of drug and alcohol abuse. 4. Upon successful completion of a drug and/or alcohol treatment program an employee may be released to resume work but will be subject to drug testing on a random, periodic basis, at least quarterly, and for up to two years thereafter as a condition of continued employment. These stipulations may be incorporated in a Last Chance Agreement. 5. An individual's participation in the program will not be made part of any personnel records and will remain confidential to the extent necessary to comply with this policy. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records and be retained in a separate file as provided by law. D. Management's Responsibility The City will maintain screening practices to identify employees who use illegal drugs or abuse alcohol. Department Heads are responsible for implementing this Drug Free Work Place policy. It is the responsibility of the supervisors to observe the behavior of employees on thejob as a precaution against unstable or unreliable behavior which could threaten the safety and well-being of employees and the community. 1. Supervisors are responsible for maintaining a safe work environment by monitoring employees' behaviors and performance. 2. In the event a supervisor has a reasonable suspicion that an employee maybe 67 Page 336 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 under the influence of drugs or alcohol, the employee must be sent for reasonable suspicion drug testing. A form for documenting cause for a reasonable suspicion drug test is attached. 3. In all cases when an employee is to be removed from duty for drug testing, the Department Head and Human Resources & Risk Management should be immediately notified. E. Employee's Responsibility 1. It is each employee's responsibility to be fit for duty when reporting for work and to inform his/her supervisor if (s) he is under prescription or non- prescription medication which may affect job performance. 2. In the event an employee observes behavior in another employee, which raises a doubt as to that employee's ability to perform work in a safe, reliable and trustworthy manner, the employee should report this behavior to his/her supervisor. 3. Employees, who enter drug or alcohol treatment and/or rehabilitation program voluntarily at the request or insistence of the City or, as a condition of continued employment are required to fully participate in and complete the recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment of the treatment and/or program. If the employee fails to comply with the treatment and/or program, the employee will be subject to discipline, up to and including termination. F. Medical Review Officer's (MRO) Responsibilities 1. The MRO will review all information from the testing laboratory in the event of a positive, confirmed test. The MRO will review any information from the employee or job applicant regarding the use of medication or other relevant medical information set forth in the form submitted prior to drug testing. 2. The MRO may request that the testing laboratory provide quantification of test results. 3. The MRO will provide confirmed test results to the Human Resources representative from the City. 1.5 PROCEDURE In order to maintain a drug and alcohol free work environment, the City will test for the 68 Page 337 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 presence of alcohol and drugs in the following circumstances: 1. Pre-employment: Job applicants who have been offered a position of employment and whose job requirements are that of a mandatory -testing, safety -sensitive, or special -risk position are required to take a drug and alcohol test. 2. Reasonable suspicion: Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test. 3. Post -incident: Employees are required to take a drug and alcohol test when the employee is involved in a job-related incident consistent with Section 1.3, 13.e.i. and whenever there is discernible property damage unrelated to a motor vehicle accident. 3. Random Testing: Employees are subject to random drug testing. On a monthly basis, a designated Police Officer uses www.random.org to generate a list of three (3) PBA members who will be randomly tested for that month. A Union Representative signs off on this list. In addition, members assigned to Vice are tested once every six (6) months. 4. Fitness for duty. All employees who are subject to routine annual medical examinations are required to take a drug and alcohol test as part of their medical examination. 5. Follow-up: All employees who have been referred to an employee assistance program or rehabilitation program by the City for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly basis for up to two (2) years after their return to work. These stipulations may be codified in a Last Chance Agreement. A. Consequences of Refusing a Drug Test 1. An employee who refuses to submit to a drug and alcohol test will be subject to immediate termination. An employee who refuses to submit to a drug test forfeits his/her eligibility for all workers' compensation medical and indemnity benefits. 2. A job applicant, as defined in section 1.3, #9, who refuses to submit to a drug and alcohol test will not be hired. B. Actions Following a Positive Confirmed Test 69 Page 338 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 The City may administer disciplinary action, up to and including termination, for any employee who has a positive, confirmed drug or alcohol test. C. Confidentiality Confidentiality of records concerning drug and alcohol testing will be maintained to the extent necessary to comply with this policy. All information, reports, memos and drug test reports, written or otherwise, received by the City through the drug testing program will be kept confidential as provided by law. The City's Employee Assistance Program, laboratories, drug and alcohol rehabilitation programs who receive or have access to information concerning drug test results shall keep all information confidential. No such information will be released unless there is a voluntary written consent, signed by an employee or job applicant, except where such release is compelled by a court pursuant to an appeal taken under this section, or where deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The City will maintain records concerning drug testing separate and apart from an employee's or job applicant's file. D. Reporting of Use of Medication Employees and job applicants may confidentially report the use of prescription or non- prescription medication both before and after having a drug test. E. Notice of Common Medications A list of most common medications, by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test, is listed below in section H. Employees and job applicants should review this list prior to submitting to a drug test. F. Medication Information An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and non-prescription information. G. Employee Assistance Program Refer to the Employee Assistance Program Policy for the name, address and telephone number of the City's current provider or contact the Human Resources and Risk Management Department. 70 Page 339 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 H. Drugs to be Tested In accordance with F.S. 893.03 as amended from time to time, the following is an illustrative and non -exhaustive list of drugs that will be tested: 1. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors, resulting in a 0.04 or higher. A positive Breath Alcohol Test will be confirmed by a Blood Alcohol Test. 2. Amphetamines 3. Cannabinoids 4. Cocaine 5. Phencyclidine (PCP) 6. Hallucinogens 7. Opiates 8. Methaqualone 9. Barbiturates 10. Benzodiazepines 11. Synthetic Narcotics 12. Designer Drugs 13. A metabolite on any substance listed herein 14. Anabolic/Androgenic Steroids. A list of drugs by brand names or common names includes: Opium Dover's Powder, Paregoric, Parepectolin Morphine Morphine, Pectoral Syrup Codeine Tylenol with Codeine, Empirin with Codeine, Robitussan A -C, Hydrocodone, Coke Crack Heroin Diacetylmorphine, horse, smack Hydromorphone Dilaudid Meperidine Demerol, Mepergan Methadone Dolophine, Methadone, Methadose Other Narcotics Laam, Leritine, Numorphan, Percodan, Tussiones, Fentanyl, Darvon, Talwin, Lomotil, Lorcet, Vicodin, Percocet Chloral Hydrate Noctec, Sommos Barbiturates Phenobarbital, Tuinal, Amvtal, Nembutal, Seconal, Lotusate Benzodiazepines Atavan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril Methaqualone Quaalude Methamphetamine Methyl Ice Glutethimide Doriden 71 Page 340 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Other Depressants Equanil, Miltown, Noludar, Placidyl, Valmid NEW DRUGS - New drugs will be added to the list of controlled substances based on amendments to the Florida Statutes and/or any federal law, rule, regulation or procedure after a review with the Labor -Management Committee. PRESCRIPTION DRUGS Many prescription drugs can alter or affect drug tests. Due to the large number of obscure brand names and the constant marketing of new products, this list is illustrative and not exhaustive. Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol content. Amphetamines: Pbetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Lonamine, Fastin. Cannabinoids: Marinol (Dronabinol, THC). Cocaine: Cocaine, HCI topical solution (Roxanne) Phencyclidine: Not legal by prescription Methaqualone: Not legal by prescription Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine, Emperine with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Diluadid (Hydromorphone), MS Contin and Roxano (morphine sulfate), Percodan, Vicodin, Tussiorganidine, etc. Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl, Fioricet, Esgic, Butisol, Mebarel, Butabarbital, Butalbital, Phrenilin, Triad, etc. Benzodiazepine: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tanzene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax, etc. Methadone: Dolophone, Metadose, etc. Propoxyphene: Darvocet, Darvon N, Dolene, etc. ANABOLIC/ANDROGENIC STEROID TESTING Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act (CSA) as of February 27, 1991. An employee or job applicant who is contacted by the MRO may confidentially report the use of prescription medication(s) because the presence of these medications in the body may have affected the outcome of the test. I. Challenge of Test Results 1. An employee or a job applicant who receives a positive confirmed test result may, within five (5) working days, submit information to the Director of Human Resources & Risk Management explaining or contesting the test result and explaining why the test result does not constitute a violation of the City's 72 Page 341 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 policy. 2. If the explanation or challenge of the employee or job applicant is unsatisfactory to the City, the City will provide a written explanation as to why the employee or job applicant's explanation is unsatisfactory, and a copy of the report of positive confirmed test results will be provided to the employee or job applicant. 3. An employee may further challenge the results of the test in a court of competent jurisdiction or, if the drug was administered due to a workplace injury, by filing a claim for benefits with a judge of compensation claims, pursuant to Chapter 440, Florida Statutes. 4. If an employee or job applicant contests the drug test results he/she must promptly notify the Medical Review Officer (MRO). 73 Page 342 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ADDENDUM "B" MUTUAL CONSENT AGREEMENT Use of Insurance Premium Tax Revenue This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH, a Florida municipal corporation, whose mailing address is P.O. Box 310, Boynton Beach, FL 33425 (the "City") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") POLICE OFFICERS AND DETECTIVES AND POLICE SERGEANTS. WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of Florida), hereinafter "Legislation" regarding the use of insurance premium tax revenue ("IPTR"); and WHEREAS, the City has a retirement pension plan and fund for police officers known as the Boynton Beach Police Officers' Pension Fund ("Fund") that exceeds the minimum benefits and minimum standards established by the State of Florida for public employee police pension plans as set forth in chapter 185, Florida Statutes; and WHEREAS, the Legislation provides that use of IPTR, including any accumulations of additional premium tax revenues, which have not been allocated to fund benefits in excess of the minimum benefits, may deviate from the provisions of the Legislation by mutual consent of the members' collective bargaining representative (PBA). NOW THEREFORE, the City and PBA Unions agree as follows: 1. The foregoing Whereas clauses are correct. 2. The total of ninety thousand dollars ($150,000) of IPTR, whether base premium tax revenue or additional premium tax revenue, received by the City will be used to reduce the City's unfunded liability to the Boynton Beach Police Officers' Pension Fund. These funds will be provided to the City in increments of fifty thousand dollars ($50,000) in November 2022, November 2023, and November 2024. 3. This Consent Agreement takes effect when signed by PBA and City. Signature Page Follows 74 Page 343 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 SIGNATURE PAGE for MUTUAL CONSENT AGREEMENT Use of Insurance Premium Tax Revenue CITY OF BOYNTON BEACH James Stables, Interim City Manager BOYNTON BEACH POLICE OFFICERS AND DETECTIVES AND POLICE SERGEANTS Palm Beach County PBA Representative ATTEST: Maylee DeJesus, City Clerk APPROVED AS TO LEGAL FORM: City Attorney 75 Page 344 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ADDENDUM "C" TUITION ASSISTANCE PROGRAM 1.1 PURPOSE To provide financial assistance, when such funding is appropriated and approved in the City's Human Resources Department's annual budget, to eligible full-time regular employees, who are enrolled in an undergraduate or graduate degree program at an accredited college or university and when the attainment of such degree is determined by the City to be directly beneficial to the employee's current job or for an advanced job in the City within their career path. This program is at the sole discretion of the City and may be suspended or cancelled at any time. 1.2 SCOPE (Modified for PBA Officers and Detectives) Employees who are eligible to participate in this program are full time, non -probationary, employees covered under a PBA Collective Bargaining Agreement. Employees must be "in good standing" with the City at the time of application through the time of reimbursement in order to receive reimbursement through this program. 1.3 DEFINITIONS a. Accredited college or university: A college or university that has attained accreditation as documented by inclusion in the U.S. Department of Education's Office of Post -secondary Education (OPE) Database of Accredited Postsecondary Institutions and Programs (https://ope.ed.Eov/accreditation/Search.aspx). The Director of Human Resources and Risk Management reserves the right to consider and approve or deny any college or university that is not listed in this database. b. Full-time: An employee who is in a job classification designated as full-time and who is scheduled to work a minimum of thirty-six (36) hours per work week. c. "In good standing": An eligible employee who: 1. Is actively employed on the date of program enrollment and through the date of reimbursement; 2. Has not been in an unpaid leave status of more than sixteen (16) hours for any calendar week from the date of program enrollment through the date of reimbursement; and 3. For one (1) year prior to the date of program enrollment and through the date of reimbursement, has not received sustained discipline of an unpaid suspension for more than twenty-four (24) hours or three (3) days and has not been demoted for disciplinary reasons. d. Non -probationary: An employee who has successfully completed his/her initial one (1) year probationary period. Employees who are on a probationary period solely due to a 76 Page 345 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 promotion or reclassification and who have already been employed with the City in a full- time position for more than one (1) year are considered "non -probationary" for purposes of this policy. 1.4 POLICY A. This Policy supersedes and replaces Administrative Policy 04.01.03. The Tuition Assistance Program is coordinated by the City's Human Resources and Risk Management Department. In order to be considered for participation in this program, eligible employees must enroll, adhere to all applicable procedures, and sign a participation agreement to acknowledge program requirements and obligations. Each fiscal year that this program is funded, the Director of Human Resources and Risk Management will establish the current eligible reimbursement expenses and amounts and will set the fiscal year per person maximum reimbursable amounts. This information, titled Addendum: Tuition Assistance Program Current Reimbursement Year Expenses and Amounts, will be updated and maintained as part of this policy. Applications will be considered in the order in which they are received. Available funds will be reimbursed until the end of each funded fiscal year or until funds are exhausted, whichever comes first. The interpretation and administration of this policy shall be the responsibility of the Director of Human Resources and Risk Management. Participation in the Tuition Assistance Program is voluntary, and no aspect of this policy or program is subject to any grievance or appeal process. B. The budgeted Tuition Assistance Program funding will be split into two separate pools so reimbursement opportunities can be fairly appropriated based on typical academic calendars. If funding remains available after processing all eligible and approved Period Two Reimbursements, applications for Period One Reimbursements that were eligible but not reimbursed will be reconsidered. • Reimbursement Period One: For course dates between August and December o Deadline for submitting Reimbursement Applications: January 3111 o Final reimbursement issued in February • Reimbursement Period Two: For course dates between January and July o Deadline for submitting Reimbursement Applications: August 3111 o Final reimbursement issued in September C. The following courses are ineligible for reimbursement under all circumstances, even if they are a requirement for obtaining a degree: 1. Course that is covered by any non-refundable financial aid, scholarship, or other governmental assistance; 2. Seminar; 3. Internship; 77 Page 346 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 4. Course that earns only Continuing Education Credits (CEUs); 5. Exam preparation course or entrance exam; 6. Course taken as "audit only"; 7. Course graded only as "Pass/Fail"; 8. Course issuing credit only as "Life Experience" and/or "Portfolio"; 9. Course fulfilling only a physical education or sexual education requirement; 10. Course taken that is not part of an employee's approved undergraduate or graduate degree program; and 11. Course taken by an employee who is not enrolled in an undergraduate or graduate degree program. D. The letter grades an employee earns upon completion of an approved course determines the percentage of reimbursement that will be applied to eligible expenses. • A= 100 • B = 75% • C = 50% • D = 0% (ineligible for reimbursement under this policy) • F = 0% (ineligible for reimbursement under this policy) An employee who receives an "Incomplete" or who withdraws from a course is not eligible for reimbursement under this policy. E. Any tuition assistance provided to an employee pursuant to this policy up to a maximum of amount of $5,250.00 in any calendar year is excluded from tax; any amount received in excess of $5,250.00 in any calendar year will be treated as taxable income, as required by the Internal Revenue Service (IRS). F. An employee who separates employment for any reason other than a City -initiated layoff or termination within twenty-four (24) months of receiving any amount of financial assistance pursuant to this policy, authorizes the City to deduct the amount(s) of such reimbursement(s) from any amount of payout to which (s)he would have otherwise been entitled. An employee who is not eligible for payout or who does not have sufficient payout value from which to deduct the reimbursed amount(s) is obligated and required to repay the City. G. Deadlines are not negotiable and will not be extended. It is solely an employee's responsibility to timely submit enrollments, agreements, reimbursement applications, and other required documentation for participation in this program. No employee should expect or rely upon the City, Human Resources, or any other person to "remind" him/her of this program's requirements and/or deadlines. 1.5 PROCEDURES 78 Page 347 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 a. This program is at the sole discretion of the City and may be suspended or cancelled at any time. b. A Tuition Assistance Program Participation Enrollment Form and Tuition Assistance Program Agreement are required to be submitted by any eligible employee who is interested in seeking reimbursement pursuant to this policy. The purpose of the Participation Enrollment Form is for Human Resources and Risk Management to evaluate whether or not an employee meets participation requirements of the program. The purpose of the Agreement is to confirm that an employee understands the program and his/her obligations pursuant to enrollment and reimbursement. The Participation Enrollment Form and the Program Agreement are required to be submitted each funded fiscal year in which the employee is interested in participating. No reimbursement will be considered without a current approved participation enrollment form and signed program agreement. 1. Human Resources will log completed Participation Enrollment Forms and Program Agreements in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Enrollments" tab. 2. Human Resources will review the Participation Enrollment Forms and will confirm, and log eligibility on the "Enrollments" tab. 3. Human Resources will notify employees in writing of their participation approval or denial. If an employee is denied, the reason for the denial will be included. c. A separate Tuition Assistance Program Reimbursement Applicotion is required to be submitted for each course for which an employee is requesting reimbursement. These Reimbursement Applications are accepted on a rolling basis per Reimbursement Period, and all required documentation is required to be submitted with each Reimbursement Application. The submission of a Reimbursement Application does not guarantee reimbursement. d. Completed Reimbursement Applications with required documentation must be submitted via electronic mail to: hr(rbbfl.us with the subject line: Tuition Assistance Program. 1. Human Resources will assign each Reimbursement Application a tracking number based upon date and time of receipt: TAP-YYYY-MM-DD-###, wherein TAP means Tuition Assistance Program, YYYY means calendar year, MM means calendar month, DD means calendar day, and ### indicates the number of the request received on the specified date. For example, the first request received on October 1, 2017 would be assigned the tracking number: TAP -2017-10-01-001. 79 Page 348 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 2. Human Resources will review Reimbursement Applications in the order in which they are received. Incomplete Reimbursement Applications or Reimbursement Applications submitted without required documentation will be returned via electronic mail to the employee, who will need to resubmit a completed Reimbursement Application with supporting documentation in order to be considered for reimbursement. A new tracking number will then be assigned based on the date of receipt of the completed Reimbursement Application with required documentation. 3. Human Resources will separately log each course Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Applications" tab. i. Human Resources will reconfirm an employee's eligibility. The course Final Grade, Credit Hours, and Book(s) Cost will be logged on the "Applications" to b. ii. Human Resources will log the eligible reimbursement amounts for credit hours and textbook(s) and will calculate a total eligible reimbursement amount. e. Reimbursement Processing will begin for the Reimbursement Period One following the January 31st deadline for submitting Reimbursement Applications. i. Human Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirm an employee's eligibility. ii. Human Resources will log each eligible Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Reimbursements" tab up to the Maximum Per Person Allowable Reimbursement Amount (see Addendum for these Amounts). This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period One has been depleted. iii. Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals and processing by Finance. iv. Finance will process all approved Period One Reimbursements in February. v. If funds are remaining in the allocated Program Budget Balance following Period One Reimbursements, Human Resources will add this remaining 80 Page 349 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 balance to the beginning Program Budget Balance for Period Two Reimbursements. f. Reimbursement Processing will begin for the Reimbursement Period Two following the August 31st deadline for submitting Reimbursement Applications. i. Human Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirm an employee's eligibility. ii. Human Resources will log each eligible Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Reimbursements" tab up to the Maximum Per Person Allowable Reimbursement Amount (see Addendum for these Amounts). This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period Two has been depleted. iii. If funding remains available after processing all eligible and approved Period Two Reimbursements, Human Resources will reconsider Period One Reimbursement Applications that were eligible but not reimbursed due to that period's allocated budget limitations. iv. Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals and processing by Finance. v. Finance will process all approved Period Two Reimbursements in September. 81 Page 350 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 FOR FISCAL YEAR REIMBURSMENT: October 1, 2022 — September 30, 2025 Applications will be considered on a rolling basis for enrollment in courses in which classes began on or after August 1st of each year. In orderto be eligible for reimbursement all documentation required to process a reimbursement must be received on or by the thirtieth (30t") day following the last date of the term/session for the course(s) for which reimbursement is being requested. In no case will reimbursements be processed outside of the fiscal year. ELIGIBLE REIMBURSABLE EXPENSES AND AMOUNTS: Copies of original receipts are required for reimbursement. Failure to provide proper documentation will result in ineligibility for reimbursement. Tuition and Fees: (maximum per credit hour reimbursement based on course grade) Final Course Grade: A B C Associate Degree Course: $114.04 $ 85.53 $ 57.02 Bachelor Degree Course: $179.90 $134.93 $ 89.95 Graduate Degree Course: $336.77 $252.58 $168.39 Required Course Textbook(s): (maximum reimbursement per course based on course grade) Final Course Grade: A B C Per Course: $150.00 $112.50 $ 75.00 MAXIMUM PER PERSON ALLOWABLE REIMBURSEMENT PER FUNDED FISCAL YEAR No employee will be reimbursed for more than twelve (12) credit hours per funded fiscal year and are subject to the following fiscal year per person maximum credit hour reimbursement amount based on degree: • Associate Degree: $1,368.48 • Bachelor Degree: $2,158.80 • Graduate Degree: $4,041.24 No employee will receive more than $600.00 for textbook reimbursement per funded fiscal year. 82 Page 351 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 SIGNATURE PAGE Agreed to this day of 2022, by and between the respective Parties through the authorized representatives of the PBA and the City. Witness Witness Witness Witness APPROVED AS TO FORM AND CORRECTNESS: City Attorney Ratified by City Commission Date PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION By: John Kazanjian, President By: Katie Mendoza, Legal Counsel By: Ty Penserga, Mayor ATTEST: Maylee De Jesus, City Clerk James Stables, Interim City Manager Ratified by Union Date 83 Page 352 of 1276 P11 54 �,0 954, 25 10083 1 w�^i hum rdm,�° o�,tiuV oma u� July 20, 2022 Mr. Jason Llopis Pension Board Chairman City of Boynton Beach Municipal Police Officers' Retirement Fund 2100 N. Florida Mango Road West Palm Beach, Florida 33409 Re: City of Boynton Beach Municipal Police Officers' Retirement Fund Projected Impact of Extending Maximum DROP Participation Period to 8 Years Dear Jason: As requested, we have prepared 30 -year projections of the costs for the City of Boynton Beach Municipal Police Officers' Retirement Fund (Plan) to illustrate the impact of extending the maximum DROP participation period from 5 years to 8 years. This letter also includes a discussion of the risks associated with measuring the accrued liability and actuarially determined contribution. The results are based on census and asset data as of October 1, 2021. The enclosed exhibits present the following: Baseline Proiection: 30 -year projections of the actuarial liability and required annual contributions for the current pension plan using the current assumptions and methods as described in the October 1, 2021 Actuarial Valuation Report dated April 29, 2022, with the exception that the actual return on the market value of assets is assumed to be 0.0% during the fiscal year ending September 30, 2022, and then 6.9% per year thereafter. The 0.0% assumption for fiscal year 2022 is based on fiscal year-to-date investment results (which are negative to flat for most pension plans with an October I" — September 301h fiscal year). Scenario #1: Same as the Baseline Projection EXCEPT the maximum DROP participation period is increased from 5 to 8 years. Deposits into the DROP during years 6 through 8 are assumed to be credited with a variable interest crediting rate that matches the Plan's actual net return each year, with a floor (minimum) rate of 0% and a cap (maximum) rate of 8%. In order to illustrate the largest possible impact of this change, all DROP participants are assumed to remain in the DROP for the full 8 years (instead of 5 years). We have assumed the total count of actively employed Police Officers, including DROP participants, remains level, so with members remaining in the DROP for 8 years instead of 5 years, the need to hire as many new Police Officers as soon decreases, and the number of active Police Officers who are contributing and accruing pension benefits declines. 3. Scenario #2: Same as Scenario #1 EXCEPT DROP members continue to receive a guaranteed fixed 7% interest crediting rate on their full DROP balances (including deposits during years 6 through 8). Mr. Jason Llopis July 20, 2022 Page 2 4. Scenario #3: Same as Scenario #2 EXCEPT members in the DROP contribute 3% of their pensionable earnings to help offset the cost of receiving a guaranteed 7% interest crediting rate on their full DROP balances. A member contribution rate of 3% is estimated to mostly offset the increase in the City's required contribution caused by providing a guaranteed 7% interest crediting rate instead of a floating rate. It should be noted that a member contribution rate of approximately 3.2% would be estimated to fully offset the present value of this cost increase over the next 30 years. Except as indicated above, all remaining methods, assumptions, and benefits are the same as indicated in our October 1, 2021 Actuarial Valuation Report. Summary of Results and Commentary Regarding Projections Baseline Scenario versus Scenario #1: The projections indicate that the City would pay approximately $8.2 million less (a present value of approximately $2.9 million less) in pension contributions over the next 30 years under Scenario #1 (extending the maximum DROP participation period to 8 years and providing a variable interest crediting rate on DROP deposits received during years 6 through 8) versus the Baseline Scenario. Savings are expected to be generated due to a decrease in the number of active Police Officers who are contributing and accruing a pension benefit as members remain in the DROP for the full 8 -year period. This results in a decrease in the future annual normal costs for the Plan. Baseline Scenario versus Scenario #2: The projections indicate that the City would pay approximately $6.2 million less (a present value of approximately $1.8 million less) in pension contributions under Scenario #2 (extending the maximum DROP participation period to 8 years and providing a guaranteed 7% fixed interest crediting rate on the full DROP balances, including DROP deposits received during years 6 through 8) versus the Baseline Scenario. Baseline Scenario versus Scenario #3: The projections indicate that the City would pay approximately $8.4 million less (a present value of approximately $2.8 million less) in pension contributions under Scenario #3 (extending the maximum DROP participation period to 8 years, providing a guaranteed 7% fixed interest crediting rate on the full DROP balances, and having members contribute 3% of pensionable salary during years 6 through 8 in the DROP) versus the Baseline Scenario. Other Considerations It should be noted that we assumed all members would extend their DROP participation periods to 8 years in order to measure the maximum impact that this change could have. If only a portion of members elect to remain in the DROP for the full 8 years, then the cost savings amounts we are projecting over the next 30 years will be commensurately lower, relative to the actual percentage of members who remain in the DROP for 8 years. The "break-even" member contribution rate during years 6 through 8 that is estimated to make Scenario 2 cost neutral to Scenario 1, which is approximately 3.2% of pensionable earnings, is not expected to change if only a portion of members choose to extend their DROP participation periods to 8 years. Mr. Jason Llopis July 20, 2022 Page 3 It should also be noted that the extension of the DROP participation period will cause DROP balances to increase, causing them to become a larger percentage of the overall market value of the pension fund, thereby increasing leveraging risk on the net (non -DROP) assets of the Plan (assuming the DROP interest crediting rate remains a guaranteed fixed rate of 7.0% on all DROP balances). The DROP accounts currently make up about 15% of the total assets in the Plan. At this level, if the Plan assets have a disappointing year and the return on the overall pension fund is -10%, then after crediting +7% to the DROP accounts, the net (non -DROP) Plan assets will experience a return of -13% (due to the leveraging impact of the DROP). If the DROP accounts become a larger percentage of assets, then this leveraging risk increases. If they increase to 25% of total Plan assets, for instance, then a -10% return on the overall pension fund would cause a -15.7% return on the net Plan assets. Passing through the actual net return on Plan assets (with a floor of 0% and a cap of 8%) on the additional DROP deposits (i.e., the additional deposits made in years 6 through 8 of the extended DROP period) would significantly reduce the increase in leveraging risk that would otherwise be associated with extending the maximum DROP participation period to 8 years. Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued liability and the actuarially determined contribution that results from the differences between actual experience and the actuarial assumptions. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan's funded status); and changes in Plan provisions or applicable law. The scope of an actuarial valuation does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the Plan's future financial condition include: 1. Investment risk — actual investment returns may differ from the either assumed or forecasted returns; 2. Contribution risk — actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the Plan's funding policy or material changes may occur in the anticipated number of covered employees, covered payroll, or other relevant contribution base; Mr. Jason Llopis July 20, 2022 Page 4 3. Salary and Payroll risk — actual salaries and total payroll may differ from expected, resulting in actual future accrued liability and contributions differing from expected; 4. Longevity risk — members may live longer or shorter than expected and receive pensions for a period of time other than assumed; 5. Other demographic risks — members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. The effects of certain trends in experience can generally be anticipated. For example, if the investment return is less (or more) than the assumed rate, the cost of the Plan can be expected to increase (or decrease). Likewise, if longevity is improving (or worsening), increases (or decreases) in cost can be anticipated. The computed contribution amounts may be considered as a minimum contribution that complies with the pension Board's funding policy and the State statutes. The timely receipt of the actuarially determined contributions is critical to support the financial health of the Plan. Users of this report should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security. Risk Assessment Risk assessment was outside the scope of this report. Risk assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued benefits at low-risk discount rates with the actuarial accrued liability. We are prepared to perform such assessment to aid in the decision-making process. Disclosures and Qualifications This report was prepared at the request of the chairman of the Board of Trustees for the City of Boynton Beach Municipal Police Officers' Retirement Fund, and is intended for use by the Board, and those designated or approved by the Board. This report may be provided to parties other than the Board only in its entirety and only with the permission of the Board. GRS is not responsible for the unauthorized use of this report. The purpose of this report is to describe the financial effect of potential changes to the DROP plan provisions. This report should not be relied on for any purpose other than the purpose described. The calculations in this report are based upon information furnished by the Plan Administrator for the October 1, 2021 Actuarial Valuation Report concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not audit the data. We are not responsible for the accuracy or completeness of the information provided by the City or the Plan Administrator. ZM Mr. Jason Llopis July 20, 2022 Page 5 Projections are deterministic, meaning that throughout the projection period, Plan experience is expected to match the actuarial assumptions, including the assumed investment return on the market value of assets (except that the actual return is assumed to be 0.0% during the fiscal year ending September 30, 2022, and then 6.9% per year thereafter). Throughout the projections, new members are assumed to be hired each year at a rate sufficient to maintain a constant active headcount. New members are assumed to have the same average demographic characteristics (age, gender, salary — adjusted each year by the Plan's assumed rate of inflation, which is 2.5% per year) at their dates of employment as those of current members hired between October 1, 2016 and October 1, 2021 (during the five-year period ending on the most recent actuarial valuation / census data collection date). The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this report. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. This report was prepared using our proprietary valuation model and related software which in our professional judgment has the capability to provide results that are consistent with the purposes of the valuation and has no material limitations or known weaknesses. We performed tests to ensure that the model reasonably represents that which is intended to be modeled. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Peter N. Strong and Israel Bichachi are members of the American Academy of Actuaries (MAAA) and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. We welcome your questions and comments. Sincerely yours, Peter N. Strong, , EA, MAAA Senior Consultan and Actuary Israel Bichachi, ASA, MAAA Senior Analyst and Actuary This communication shall not be construed to provide tax advice, legal advice or investment advice. ZM City of Boynton Beach Municipal Police Officers' Retirement Fund 30 -Year Projection of Required City Contributions Page 358 of 1276 Current Plan (Baseline) 1 Scenario 1 - Plan Changes 1'2 Covered Funded Covered Funded Increase/(Decrease) Fiscal Payroll for Required City UAAL on Ratio on Payrollfor Required City UAAL on Ratio on in Required City Year Valuation Contribution Contribution Valuation Valuation Contribution Contribution Valuation Valuation Contribution Ending Date Year $Amount %of Pay Date Date Year $Amount %of Pay Date Date $Amount %of Pay 2023 10/1/2021 13,046,792 7,136,079 54.70% 52,222,605 67% 12,882,975 7,136,079 55.39% 52,222,605 67% 0 0.70% 2024 10/1/2022 13,188,112 7,296,580 55.33% 51,166,820 69% 12,678,338 7,270,431 57.35% 51,146,992 69% (26,149) 2.02% 2025 10/1/2023 13,565,937 7,364,431 54.29% 49,457,898 71% 12,853,350 7,282,709 56.66% 49,413,415 71% (81,722) 2.37% 2026 10/1/2024 13,626,974 7,466,374 54.79% 47,001,586 73% 12,785,440 7,348,818 57.48% 46,903,988 73% (117,556) 2.69% 2027 10/1/2025 13,785,437 7,418,254 53.81% 43,691,319 76% 12,626,962 7,277,392 57.63% 43,569,838 76% (140,862) 3.82% 2028 10/1/2026 13,832,067 7,557,968 54.64% 42,488,527 77% 12,425,389 7,366,502 59.29% 42,362,674 77% (191,466) 4.64% 2029 10/1/2027 14,200,474 7,565,258 53.27% 39,760,876 79% 12,338,683 7,331,907 59.42% 39,607,168 79% (233,351) 6.15% 2030 10/1/2028 14,346,365 7,479,297 52.13% 36,602,531 81% 12,774,785 7,175,056 56.17% 36,438,959 81% (304,241) 4.03% 2031 10/1/2029 14,453,665 7,250,639 50.16% 33,258,187 83% 12,906,349 6,984,178 54.11% 33,060,827 83% (266,461) 3.95% 2032 10/1/2030 14,786,008 7,197,234 48.68% 29,721,661 85% 13,065,427 6,944,480 53.15% 29,617,128 85% (252,754) 4.48% 2033 10/1/2031 15,228,289 7,226,410 47.45% 26,118,725 87% 13,431,978 6,956,794 51.79% 26,072,146 87% (269,616) 4.34% 2034 10/1/2032 15,580,492 7,305,071 46.89% 22,326,169 89% 13,829,092 7,027,337 50.82% 22,298,988 89% (277,734) 3.93% 2035 10/1/2033 16,066,201 7,358,618 45.80% 18,280,614 91% 14,266,905 7,092,927 49.72% 18,282,539 91% (265,691) 3.91% 2036 10/1/2034 16,449,817 7,263,278 44.15% 13,890,832 93% 14,590,977 7,007,561 48.03% 13,939,957 93% (255,717) 3.87% 2037 10/1/2035 16,772,523 5,205,288 31.03% 9,202,791 96% 14,967,390 4,945,904 33.04% 9,280,733 96% (259,384) 2.01% 2038 10/1/2036 17,051,290 4,056,366 23.79% 4,325,138 98% 15,198,748 3,812,144 25.08% 4,414,277 98% (244,222) 1.29% 2039 10/1/2037 17,399,946 3,210,446 18.45% 1,327,420 99% 15,498,689 2,990,272 19.29% 1,441,063 99% (220,174) 0.84% 2040 10/1/2038 17,861,889 2,500,864 14.00% (630,350) 100% 15,902,929 2,208,553 13.89% (515,684) 100% (292,311) (0.11)% 2041 10/1/2039 18,416,131 2,568,621 13.95% (1,783,017) 101% 16,228,313 2,268,507 13.98% (1,701,045) 101% (300,114) 0.03% 2042 10/1/2040 19,049,840 2,653,316 13.93% (2,191,042) 101% 16,770,099 2,317,785 13.82% (2,074,318) 101% (335,531) (0.11)% 2043 10/1/2041 19,746,430 2,752,812 13.94% (2,332,384) 101% 17,382,935 2,402,097 13.82% (2,236,981) 101% (350,715) (0.12)% 2044 10/1/2042 20,498,599 2,864,408 13.97% (2,470,666) 101% 18,041,464 2,501,528 13.87% (2,375,333) 101% (362,880) (0.11)% 2045 10/1/2043 21,257,425 2,987,031 14.05% (2,608,635) 101% 18,703,136 2,610,216 13.96% (2,510,654) 101% (376,815) (0.10)% 2046 10/1/2044 22,026,317 3,112,644 14.13% (2,747,384) 101% 19,383,511 2,719,169 14.03% (2,648,441) 101% (393,475) (0.10)% 2047 10/1/2045 22,773,678 3,239,795 14.23% (2,895,938) 101% 20,040,140 2,833,017 14.14% (2,796,972) 101% (406,778) (0.09)% 2048 10/1/2046 23,396,234 3,365,503 14.38% (3,055,867) 101% 20,751,295 2,944,743 14.19% (2,953,645) 101% (420,760) (0.19)% 2049 10/1/2047 23,897,067 3,470,218 14.52% (3,232,605) 101% 21,268,640 3,061,492 14.39% (3,127,279) 101% (408,726) (0.13)% 2050 10/1/2048 24,434,779 3,554,459 14.55% (3,446,988) 101% 21,987,848 3,151,592 14.33% (3,309,384) 101% (402,867) (0.21)% 2051 10/1/2049 24,959,661 3,647,408 14.61% (3,699,100) 101% 22,511,441 3,271,638 14.53% (3,536,496) 101% (375,770) (0.08)% 2052 10/1/2050 25,444,274 3,735,749 14.68% (3,962,523) 101% 23,179,661 3,358,312 14.49% (3,750,345) 102% (377,437) (0.19)% Total: 155,810,419 147,599,140 (8,211,279) Total Present Value: 82,482,549 79,592,984 (2,889,565) Assumptions Mortality Assumption: FRS Mortality for Special Risk Class Payroll Growth Assumption: 2.5% Investment Return Assumption and Actual Return on Plan Assets: 0.0% during the fiscal year ending September 30, 2022, and then 6.9% thereafter Administrative Expenses and Total Annual Chapter 185 State Money: Projected to increase 2.5% annually No future actuarial experience gains or losses are assumed. 3 Description of Proposed Plan Changes Extend the maximum DROP participation period from 5 to 8 years for all current and future DROP members. All members are assumed to participate in the DROP for8 years. Benefit payments into the DROP during years 6 through 8 receive a floating interest crediting rate equal to the net return on Plan assets (but no less than 0% and no more than 8%). Page 358 of 1276 City of Boynton Beach Municipal Police Officers' Retirement Fund 30 -Year Projection of Required City Contributions Page 359 of 1276 Current Plan (Baseline) 1 Scenario 2 - Plan Changes 1'2 Covered Funded Covered Funded Increase/(Decrease) Fiscal Payroll for Required City UAAL on Ratio on Payrollfor Required City UAAL on Ratio on in Required City Year Valuation Contribution Contribution Valuation Valuation Contribution Contribution Valuation Valuation Contribution Ending Date Year $Amount %of Pay Date Date Year $Amount %of Pay Date Date $Amount %of Pay 2023 10/1/2021 13,046,792 7,136,079 54.70% 52,222,605 67% 12,882,975 7,136,079 55.39% 52,222,605 67% 0 0.70% 2024 10/1/2022 13,188,112 7,296,580 55.33% 51,166,820 69% 12,678,338 7,352,302 57.99% 51,943,513 68% 55,722 2.66% 2025 10/1/2023 13,565,937 7,364,431 54.29% 49,457,898 71% 12,853,350 7,373,676 57.37% 50,288,389 70% 9,245 3.08% 2026 10/1/2024 13,626,974 7,466,374 54.79% 47,001,586 73% 12,785,440 7,442,358 58.21% 47,774,552 73% (24,016) 3.42% 2027 10/1/2025 13,785,437 7,418,254 53.81% 43,691,319 76% 12,626,962 7,371,748 58.38% 44,426,058 75% (46,506) 4.57% 2028 10/1/2026 13,832,067 7,557,968 54.64% 42,488,527 77% 12,425,389 7,463,572 60.07% 43,200,120 77% (94,396) 5.43% 2029 10/1/2027 14,200,474 7,565,258 53.27% 39,760,876 79% 12,338,683 7,429,974 60.22% 40,422,943 79% (135,284) 6.94% 2030 10/1/2028 14,346,365 7,479,297 52.13% 36,602,531 81% 12,774,785 7,273,704 56.94% 37,227,599 81% (205,593) 4.80% 2031 10/1/2029 14,453,665 7,250,639 50.16% 33,258,187 83% 12,906,349 7,083,693 54.89% 33,819,105 83% (166,946) 4.72% 2032 10/1/2030 14,786,008 7,197,234 48.68% 29,721,661 85% 13,065,427 7,047,666 53.94% 30,342,397 85% (149,568) 5.27% 2033 10/1/2031 15,228,289 7,226,410 47.45% 26,118,725 87% 13,431,978 7,062,591 52.58% 26,760,868 87% (163,819) 5.13% 2034 10/1/2032 15,580,492 7,305,071 46.89% 22,326,169 89% 13,829,092 7,136,103 51.60% 22,944,550 89% (168,968) 4.72% 2035 10/1/2033 16,066,201 7,358,618 45.80% 18,280,614 91% 14,266,905 7,204,908 50.50% 18,879,445 91% (153,710) 4.70% 2036 10/1/2034 16,449,817 7,263,278 44.15% 13,890,832 93% 14,590,977 7,124,550 48.83% 14,481,927 93% (138,728) 4.67% 2037 10/1/2035 16,772,523 5,205,288 31.03% 9,202,791 96% 14,967,390 5,056,576 33.78% 9,761,007 95% (148,712) 2.75% 2038 10/1/2036 17,051,290 4,056,366 23.79% 4,325,138 98% 15,198,748 3,942,547 25.94% 4,823,444 98% (113,819) 2.15% 2039 10/1/2037 17,399,946 3,210,446 18.45% 1,327,420 99% 15,498,689 3,164,754 20.42% 1,781,163 99% (45,692) 1.97% 2040 10/1/2038 17,861,889 2,500,864 14.00% (630,350) 100% 15,902,929 2,227,616 14.01% (270,476) 100% (273,248) 0.01% 2041 10/1/2039 18,416,131 2,568,621 13.95% (1,783,017) 101% 16,228,313 2,289,698 14.11% (1,604,226) 101% (278,923) 0.16% 2042 10/1/2040 19,049,840 2,653,316 13.93% (2,191,042) 101% 16,770,099 2,339,409 13.95% (1,969,588) 101% (313,907) 0.02% 2043 10/1/2041 19,746,430 2,752,812 13.94% (2,332,384) 101% 17,382,935 2,424,443 13.95% (2,125,723) 101% (328,369) 0.01% 2044 10/1/2042 20,498,599 2,864,408 13.97% (2,470,666) 101% 18,041,464 2,522,909 13.98% (2,256,896) 101% (341,499) 0.01% 2045 10/1/2043 21,257,425 2,987,031 14.05% (2,608,635) 101% 18,703,136 2,632,407 14.07% (2,384,528) 101% (354,624) 0.02% 2046 10/1/2044 22,026,317 3,112,644 14.13% (2,747,384) 101% 19,383,511 2,744,091 14.16% (2,512,186) 101% (368,553) 0.03% 2047 10/1/2045 22,773,678 3,239,795 14.23% (2,895,938) 101% 20,040,140 2,858,846 14.27% (2,649,864) 101% (380,949) 0.04% 2048 10/1/2046 23,396,234 3,365,503 14.38% (3,055,867) 101% 20,751,295 2,969,392 14.31% (2,796,900) 101% (396,111) (0.08)% 2049 10/1/2047 23,897,067 3,470,218 14.52% (3,232,605) 101% 21,268,640 3,089,143 14.52% (2,960,298) 101% (381,075) 0.00% 2050 10/1/2048 24,434,779 3,554,459 14.55% (3,446,988) 101% 21,987,848 3,177,752 14.45% (3,129,240) 101% (376,707) (0.09)% 2051 10/1/2049 24,959,661 3,647,408 14.61% (3,699,100) 101% 22,511,441 3,298,683 14.65% (3,344,789) 101% (348,725) 0.04% 2052 10/1/2050 25,444,274 3,735,749 14.68% (3,962,523) 101% 23,179,661 3,388,309 14.62% (3,543,698) 101% (347,440) (0.06)% Total: 155,810,419 149,629,499 (6,180,920) Total Present Value: 82,482,549 80,635,154 (1,847,395) Assumptions Mortality Assumption: FRS Mortality for Special Risk Class Payroll Growth Assumption: 2.5% Investment Return Assumption and Actual Return on Plan Assets: 0.0% during the fiscal year ending September 30, 2022, and then 6.9% thereafter Administrative Expenses and Total Annual Chapter 185 State Money: Projected to increase 2.5% annually No future actuarial experience gains or losses are assumed. 2 Description of Proposed Plan Changes Extend the maximum DROP participation period from 5 to 8 years for all current and future DROP members. All members are assumed to participate in the DROP for8 years. Full DROP balance receives a guaranteed fixed interest crediting rate of 7.0%. Page 359 of 1276 City of Boynton Beach Municipal Police Officers' Retirement Fund 30 -Year Projection of Required City Contributions Page 360 of 1276 Current Plan (Baseline) 1 Scenario 3 - Plan Changes 1'2 Covered Funded Covered Funded Increase/(Decrease) Fiscal Payroll for Required City UAAL on Ratio on Payrollfor Required City UAAL on Ratio on in Required City Year Valuation Contribution Contribution Valuation Valuation Contribution Contribution Valuation Valuation Contribution Ending Date Year $Amount %of Pay Date Date Year $Amount %of Pay Date Date $Amount %of Pay 2023 10/1/2021 13,046,792 7,136,079 54.70% 52,222,605 67% 12,882,975 7,136,079 55.39% 52,222,605 67% 0 0.70% 2024 10/1/2022 13,188,112 7,296,580 55.33% 51,166,820 69% 12,678,338 7,328,533 57.80% 51,938,858 68% 31,953 2.48% 2025 10/1/2023 13,565,937 7,364,431 54.29% 49,457,898 71% 12,853,350 7,338,589 57.09% 50,260,157 70% (25,842) 2.81% 2026 10/1/2024 13,626,974 7,466,374 54.79% 47,001,586 73% 12,785,440 7,405,469 57.92% 47,736,169 73% (60,905) 3.13% 2027 10/1/2025 13,785,437 7,418,254 53.81% 43,691,319 76% 12,626,962 7,324,570 58.01% 44,388,068 75% (93,684) 4.20% 2028 10/1/2026 13,832,067 7,557,968 54.64% 42,488,527 77% 12,425,389 7,380,739 59.40% 43,153,950 77% (177,229) 4.76% 2029 10/1/2027 14,200,474 7,565,258 53.27% 39,760,876 79% 12,338,683 7,311,529 59.26% 40,343,099 79% (253,729) 5.98% 2030 10/1/2028 14,346,365 7,479,297 52.13% 36,602,531 81% 12,774,785 7,164,939 56.09% 37,118,777 81% (314,358) 3.95% 2031 10/1/2029 14,453,665 7,250,639 50.16% 33,258,187 83% 12,906,349 6,980,249 54.08% 33,731,535 83% (270,390) 3.92% 2032 10/1/2030 14,786,008 7,197,234 48.68% 29,721,661 85% 13,065,427 6,940,512 53.12% 30,270,773 85% (256,722) 4.45% 2033 10/1/2031 15,228,289 7,226,410 47.45% 26,118,725 87% 13,431,978 6,917,957 51.50% 26,694,910 87% (308,453) 4.05% 2034 10/1/2032 15,580,492 7,305,071 46.89% 22,326,169 89% 13,829,092 7,003,932 50.65% 22,851,508 89% (301,139) 3.76% 2035 10/1/2033 16,066,201 7,358,618 45.80% 18,280,614 91% 14,266,905 7,080,169 49.63% 18,819,147 91% (278,449) 3.82% 2036 10/1/2034 16,449,817 7,263,278 44.15% 13,890,832 93% 14,590,977 7,016,335 48.09% 14,445,047 93% (246,943) 3.93% 2037 10/1/2035 16,772,523 5,205,288 31.03% 9,202,791 96% 14,967,390 4,956,373 33.11% 9,756,537 95% (248,915) 2.08% 2038 10/1/2036 17,051,290 4,056,366 23.79% 4,325,138 98% 15,198,748 3,868,908 25.46% 4,831,580 98% (187,458) 1.67% 2039 10/1/2037 17,399,946 3,210,446 18.45% 1,327,420 99% 15,498,689 3,122,691 20.15% 1,817,371 99% (87,755) 1.70% 2040 10/1/2038 17,861,889 2,500,864 14.00% (630,350) 100% 15,902,929 2,175,192 13.68% (217,467) 100% (325,672) (0.32)% 2041 10/1/2039 18,416,131 2,568,621 13.95% (1,783,017) 101% 16,228,313 2,226,126 13.72% (1,558,198) 101% (342,495) (0.23)% 2042 10/1/2040 19,049,840 2,653,316 13.93% (2,191,042) 101% 16,770,099 2,261,229 13.48% (1,930,124) 101% (392,087) (0.44)% 2043 10/1/2041 19,746,430 2,752,812 13.94% (2,332,384) 101% 17,382,935 2,319,588 13.34% (2,097,017) 101% (433,224) (0.60)% 2044 10/1/2042 20,498,599 2,864,408 13.97% (2,470,666) 101% 18,041,464 2,407,095 13.34% (2,252,682) 101% (457,313) (0.63)% 2045 10/1/2043 21,257,425 2,987,031 14.05% (2,608,635) 101% 18,703,136 2,525,150 13.50% (2,388,813) 101% (461,881) (0.55)% 2046 10/1/2044 22,026,317 3,112,644 14.13% (2,747,384) 101% 19,383,511 2,655,905 13.70% (2,505,440) 101% (456,739) (0.43)% 2047 10/1/2045 22,773,678 3,239,795 14.23% (2,895,938) 101% 20,040,140 2,787,321 13.91% (2,620,799) 101% (452,474) (0.32)% 2048 10/1/2046 23,396,234 3,365,503 14.38% (3,055,867) 101% 20,751,295 2,918,039 14.06% (2,745,581) 101% (447,464) (0.32)% 2049 10/1/2047 23,897,067 3,470,218 14.52% (3,232,605) 101% 21,268,640 3,052,984 14.35% (2,883,669) 101% (417,234) (0.17)% 2050 10/1/2048 24,434,779 3,554,459 14.55% (3,446,988) 101% 21,987,848 3,147,232 14.31% (3,030,810) 101% (407,227) (0.23)% 2051 10/1/2049 24,959,661 3,647,408 14.61% (3,699,100) 101% 22,511,441 3,267,130 14.51% (3,233,488) 101% (380,278) (0.10)% 2052 10/1/2050 25,444,274 3,735,749 14.68% (3,962,523) 101% 23,179,661 3,349,083 14.45% (3,426,268) 101% (386,666) (0.23)% Total: 155,810,419 147,369,647 (8,440,772) Total Present Value: 82,482,549 79,665,641 (2,816,908) Assumptions Mortality Assumption: FRS Mortality for Special Risk Class Payroll Growth Assumption: 2.5% Investment Return Assumption and Actual Return on Plan Assets: 0.0% during the fiscal year ending September 30, 2022, and then 6.9% thereafter Administrative Expenses and Total Annual Chapter 185 State Money: Projected to increase 2.5% annually No future actuarial experience gains or losses are assumed. 0 Description of Proposed Plan Changes Extend the maximum DROP participation period from 5 to 8 years for all current and future DROP members. All members are assumed to participate in the DROP for8 years. Full DROP balance receives a guaranteed fixed interest crediting rate of 7.0%. DROP participants are required to make member contributions of 3.0% of pensionable earnings during years 6 through 8 in the DROP. Page 360 of 1276 $8.0 $7.0 +n $6.0 c 0 $2.0 $1.0 City of Boynton Beach Municipal Police Officers' Retirement Fund 30 -Year Projection of City Contribution Requirement Current Plan (No Changes) .1111111 Scenario 1 - Extend DROP to 8 Years - DROP deposits in Years 6-8 receive floating rate -0% to 8% /mi�Scenario 2 - Extend DROP to 8 Years - Full DROP balances receive guaranteed 7% fixed rate Scenario 3 -Scenario 2 Plus DROP participants make 3% member contributions during Years 6-8 $0.0 .I. I .I.. , .T.. T I .I..' I Y .T.... T .I..... I .I..... T .T..... Y I .I..... I Y .T....... T L....... ti0 ti0 ti0 ti0 ti0 LO LO LO LO ti0 ti0 T ti0 ti0 ti0 Fiscal Year End 9 Page 361 of 1276 $8.0 $7.0 $6.0 $5.0 $4.0 $3.0 $2.0 $1.0 $0.0 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE OFFICERS AND DETECTIVES OCTOBER 1, 2022 - SEPTEMBER 30, 2025 Page 362 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 1 PREAMBLE This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the "City" and the Palm Beach County Police Benevolent Association, Inc., located in West Palm Beach, Florida, hereinafter referred to as the "PBA," Association, or Union, for the purpose of setting forth the Parties' Agreements regarding rights, wages, hours, terms and conditions of employment, and benefits. 1 City PBA Page 363 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 2 RECOGNITION AND NOTICE The City recognizes the Palm Beach County Police Benevolent Association ("PBA") as the exclusive representative for the purpose of collective bargaining with respect to wages, hours and terms and conditions of employment for the bargaining unit consisting of all full time sworn police officers within the following job classifications: Police Officer and Detective, or as modified by PERC. The term "member" or "employee" will mean any member in the bargaining unit. The PBA recognizes the City Manager, the City's chief executive officer, or Ihs/I[ieir designee(s) as the exclusive City representative(s) for the purpose of collective bargaining with respect to the wages, hours and terms and conditions of employment of PBA bargaining unit employees. All notices concerning the wages, benefits, and conditions of employment of bargaining employees to the PBA will be addressed to the attention of PBA President with a copy to the PBA General Counsel and mailed or delivered to 2100 N. Florida Mango Road, West Palm Beach, FL 33409. If changes occur, the PBA will advise the City in writing of the names and addresses of other PBA representatives, if any, who are authorized to accept notices from the City. Notice by the City to anyone other than those persons designated by the PBA does not satisfy legal notice and is not binding on the PBA. All notices to the City will be addressed to the City Manager with a copy to the City's Human Resources Director and mailed to P.O. Box 310, Boynton Beach, FL 33425. If changes occur, the City will advise the PBA in writing of the names and addresses of other City representatives, if any, who are authorized to accept notices from the PBA. Notice by the PBA to anyone other than those persons designated by the City Manager does not satisfy legal notice and is not binding on the City. 2 City PBA Page 364 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 3 NON-DISCRIMINATION The City will not interfere with the rights of officers to become members of the PBA, and there shall be no discrimination, interference, restraint or coercion by the City, or any City representative, against any officer because of membership or because of any activity in any official capacity on behalf of the PBA. The PBA shall not discriminate against any bargaining unit member who fails to join the PBA, as provided by law. The sole remedy for charges in this paragraph is the filing of an Unfair Labor Practice (ULP). The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA shall work jointly to eradicate discriminatory conduct in the workplace. To that end, the City and the PBA agree that both Parties have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination. Discriminatory conduct means any communication, verbal or non-verbal, which is unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, gender, gender identity or expression, national origin, physical or mental disability, sexual orientation, age, marital status, or any other unlawful factor. Alleged violations of this section shall not be subject to the grievance and/or arbitration procedure established herein; rather, they may be filed with and remedied by the appropriate local, state, and/or federal agency. Sustained allegations of violations of this paragraph resulting from an internal investigation remain subject to the grievance and/or arbitration procedures established herein. Bargaining unit members have an affirmative duty to report any discriminatory conduct to the City's Director of Human Resources and Risk Management and Internal Affairs. Complaints of Alleged Violations of EEOC Laws Any investigation into a complaint of a Law Enforcement Officer's alleged violation of any provision of a law/regulation under the purview of the Equal Employment Opportunity Commission (EEOC) requires involvement and oversight by the City's designated EEO Officer: the Director of Human Resources and Risk Management. As such, the Director of Human Resources and Risk Management shall be immediately notified by the Police Chief (or Acting Police Chief) of any such complaint/allegation made against a Law Enforcement Officer and of the opening of an Internal Affairs case/investigation related to such complaint/allegation. The Director of Human Resources and Risk Management is subject to all confidentiality requirements applicable to Internal Affairs investigations and the penalties for violating any such provision. The Director of Human Resources and Risk Management shall have immediate access to and shall promptly review the complaint/allegation and any information provided in connection with the complaint/allegation. Internal Affairs investigator(s) shall then confer and consult with the 3 City PBA Page 365 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Director of Human Resources and Risk Management on all aspects of the investigation. The Director of Human Resources and Risk Management may be present at any investigatory interview/interrogation but may not directly question a member during that interview unless requested by the member. Any complaint of a Law Enforcement Officer's alleged violation of any provision of a law/regulation under the purview of the EEOC that is made directly to, or filed directly with, a member of the City's Human Resources and Risk Management Department shall be immediately referred to the Police Chief (or Acting Police Chief). The City shall follow all provisions of law set forth in Florida Statutes, Sections 112.532, 112.533, and 112.534, commonly known as the "Police Officers Bill of Rights," throughout the investigation. 4 City PBA Page 366 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 4 DUES DEDUCTION The City will deduct Union dues from the pay of any bargaining unit member who voluntarily requests such deductions upon receipt of a notice from the PBA and approval by the City. The total amount of deductions shall be remitted each month by the City to the Treasurer of the PBA. This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30) calendar days after notification of the revocation of the authorization to deduct by the employee. 5 City PBA Page 367 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 5 UNION BUSINESS Section 1. Elected PBA representatives who are on duty may be granted paid leave to engage in representation activities on behalf of the PBA or any member as follows: A. Engaging in collective bargaining with the representatives of the City. B. Processing of grievances. C. Accompanying a fellow bargaining unit member when: 1. The member is required to appear at a hearing related to a grievance. 2. The member is presenting or responding to a grievance. 3. The member is subject to questioning and believes (s)he may be disciplined. The City may negate the member's concern regarding discipline by written confirmation to the officer that (s)he will not be disciplined based on answers provided in the questioning. 4. The member is attending a pre -determination hearing. The City may deny a request for time off if it interferes with productivity or staffing needs. However, the exercise of such right on the City's part shall not allow the City to proceed in a manner which deprives the employee of his or her right of representation. A PBA representative employed by the City may be permitted to take unpaid leave to attend functions of the PBA. If the leave results in the City incurring overtime directly related to the absence, the City will not approve the request. Section 2. No employee may engage in PBA business or use City equipment or property while on duty except as referenced in Section 1. City PBA Page 368 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 6 BULLETIN BOARD The City will provide bulletin board space; one in the Line Up Room and one in the Investigative Services Section for the exclusive use of the PBA, for posting bulletins, notices and other union material. The Union will supply locking style bulletin boards. A notice or item placed on the bulletin board shall bear, on its face, the legible designation of the PBA responsible for placing of this notice or item on the bulletin board. The Union will hold harmless and indemnify the City for all claims or actions arising from materials placed on the bulletin board. 7 City PBA Page 369 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 7 ASSIGNMENT PAY Employees may be assigned to or removed from specialty units at the discretion of the Chief of Police. With the exception of assignments to K-9, marine and motorcycle, assignments may not be declined if the assignment has been posted and less than two members apply for the assignment. An assignment taken involuntarily will not exceed 90 calendar days in total. Removal from an assignment is not subject to grievance. Only the following assignments have a temporary monetary benefit, which ends when the employee is removed from the assignment: ASSIGNMENT: MONETARY VALUE: FTO/PTO 7% when actively training for one or more full shifts. SWAT (Special Weapons & Tactics) HNT (Hostage Negotiation Team) 10% when engaged in actual response; not training. 10% when engaged in actual response; not training. K-9 and Therapy Dog Unit Employees assigned to the K-9 Unit or to work with a therapy canine will receive one (1) hour of overtime for K-9 care, equipment maintenance and vehicle cleaning for each regular day off, vacation day when the dog is not kenneled or otherwise boarded. K-9 officers will be allowed one (1) hour of duty time per work day to tend to K-9 care, equipment maintenance and vehicle cleaning. Employees on vacation will be credited one (1) hour per day for K-9 care, equipment maintenance and vehicle cleaning. Acting Sergeant Detectives 7% No further promotions to the rank of Detective First Grade (DFG) will occur (the rank had been eliminated). The members that had been promoted into that position are grandfathered in and have a base hourly rate of pay that is ten percent (10%) higher than the Officer's step 10. 1 See Appendix 1 for FTO & PTO program guidelines. 8 City .;. Page 370 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 8 VACANCIES AND PROBATION Section 1. Vacant positions shall be filled by the City through recruitment and selection of employees on the basis of their qualifications and relative knowledge, abilities, and skills. The decision to fill a vacant position is reserved to the discretion of the City Manager. Section 2. Veterans' Preference: The City complies with all Veterans' Preference requirements pursuant to Chapter 2021-57, Laws of Florida and F.S.S. 295.07. Section 3. Police Officer Recruits that are sponsored by the agency have a probationary period of one year that starts after passing the FDLE certification exam. Section 4. All newly hired certified officers have a probationary period of one (1) year from the date of hire. Section 5. Probation may be extended for the following reasons with concurrence of the Police Chief, Human Resources Director, and City Manager: a. For reasons of performance, probation may be extended for an additional ninety (90) days. b. For any extended absence in which the employee is unable to fully participate in training and/or does not have sufficient time in service in which to be evaluated, probation may be extended for an amount of time deemed reasonable by the City, but not to exceed the total length of cumulative absences. c. The City's right to extend the probationary period of an employee does not create a right or entitlement of the employee to have their probationary period extended. 7 City PBA Page 371 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 9 MANAGEMENT RIGHTS It is the right of the City to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the City to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. However, the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of any collective bargaining agreement in force. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement or limited by law shall remain with the City. 10 City PBA Page 372 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 10 HOURS OF WORK AND OVERTIME Section 1. The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 28 day work cycle. The work cycle per bargaining members assigned to 8 and 10 hour shifts is a 7 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 11.5 hour shift will be paid overtime for all hours worked in excess of 161 hours in a 28 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 8 or 10 hour shifts will be paid overtime for all hours worked in excess of 40 hours in a 7 day work cycle. For purposes of calculating overtime, only hours actually worked, or hours worked for Department authorized training shall be counted as hours worked. Overtime pay, when so granted, will normally be contained in the member's next regular pay check following the time worked. Employees who are in an on -duty status within seven (7) minutes either prior to or after their shift will not be eligible for overtime pay. Employees who are in an on -duty status more than seven (7) minutes either prior to or after their shift must be so only with the Supervisor's approval in order to be eligible for overtime pay. The City may round start and end time of work and round to the quarter hour consistent with 29 C.F.R. § 785.48. Example: 6:53-7:07=7:00 7:08-7:22=7:15 7:23-7:37=7:30 7:38-7:52=7:45 Section 2. Pursuant to Article 9, it is a Management Right to establish and change the starting and ending times. Individual work schedules maybe flexed (hour for hour) by personnel assigned to specialty units, upon request by the employee and mutual agreement between employee and supervisor. Flexing of time must occur only within a single work week. Uniform Services (group) shift schedules shall not be changed without the City providing thirty (30) calendar days of advanced notice to the Union of the change. 11 City PBA Page 373 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Section 3. Shift Vacancy Procedure: Step 1: Vacancies will be filled with the off -going shift platoon by seniority. Step 2: These vacancies will be first offered to all Road Patrol Officers called in through seniority list. A. The list will start with the most senior road patrol officer eligible to work call- back overtime by ID number. B. In the event the shift vacancy is filled, the list will reset to the most senior road patrol officer. Step 3: All other personnel eligible for call-back overtime by seniority. A. Must be eligible to work the entire shift vacancy. Step 4: Detective First Grade personnel called in by seniority. A. Must be eligible to work the entire vacancy. Step S: Ordered in by reverse seniority. Section 4. No member of the Bargaining Unit shall be required or allowed to work more than eighteen (18) continuous hours except during a declared emergency or during an ongoing immediate investigation or when overtime is required to complete an on -duty assignment, i.e. late arrest. Members of the Bargaining unit acknowledge that they have an obligation to come to work physically and mentally prepared to efficiently and effectively carry out their responsibilities. For the purpose of this Section, work means regular assigned duties and detail assignments. The continuous eighteen (18) hours does not include time spent in court, depositions, filings, and similar judicial responsibilities. Members who work eighteen (18) hours continuously within the past twenty-four (24) hours must remain off duty for a minimum of six (6) hours. Section 5. An employee may engage in outside employment, (including off-duty detail or self-employment) with the approval of the City Manager and with the understanding that the employee's primary duty, obligation and responsibility is to the City. Outside employment shall not be permitted when the City Manager determines that such outside employment would result in a conflict of interest, interfere with the employee's City work schedule, or otherwise be a conflict with the employee's employment with the City. To request approval, an employee should: (a) File an "Outside Employment Request Form & Affidavit" with the Human Resources Department. The employee must notify the Human Resources Department of changes in conditions of any outside employment. (b) Make arrangements with the outside employer to be relieved from duty if called for work by the City. 12 City PBA Page 374 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 (c) An employee must report all injuries sustained during any outside employment to the employee's Sergeant and to Risk Management prior to the employee's next scheduled work day at the City. An employee's failure to report an injury sustained during outside employment shall be grounds for corrective action. 13 City PBA Page 375 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 11 WAGES ............................................... Effective October 1, 2022 the following Step Pay Plan is in effect: • Year One: On October 1, 2022, each bargaining unit member will be placed in the step that corresponds with his/her current years of sworn service at the City. On the anniversary date of the member's sworn service date, (s)he will advance to the next step. There is no payment or advancement beyond Step 10. Salary $ 62,451.00 $ 65,573.55 $ 68,852.23 $ 72,294.84 $ 75,909.58 $ 79,705.06 $ 83,690.31 $ 87,874.83 $ 92,268.57 $ 96,882.00 $ 101,726.10 • Year Two: On October 1, 2023, each bargaining unit member will be placed in the step that corresponds with his/her current years of sworn service at the City. On the anniversary date of the member's sworn service date, (s)he will advance to the next step in the pay plan. There is no payment or advancement beyond Step 10. City Salary $ 64, 949.04 $ 68,196.49 $ 71,606.32 $ 75,186.63 $ 78,945.96 $ 82,893.26 $ 87,037.93 $ 91,389.82 $ 95,959.31 $ 100,757.28 14 .;. Page 376 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 $ 105,795.14 111111111113 • Year Three: On October 1, 2024, each bargaining unit member will be placed in the step that corresponds with his/her current years of sworn service at the City. On the anniversary date of the member's sworn service date, (s)he will advance to the next step in the pay plan. There is no payment or advancement beyond Step 10. Salary $ 66,898.00 $ 70,242.00 $ 73,754.00 $ 77,442.00 $ 81,314.00 $ 85,380.00 $ 89,649.00 $ 94,132.00 $ 98,838.00 $ 103,780.00 $ 108,969.00 Section 2. Grandfathered Detectives First Grade are paid at an hourly base rate that is ten percent (10%) higher than the step rate that corresponds to their current total years of sworn service at the City. Section 3. The starting rate of pay for newly hired police officers, who were actively employed for a minimum of two (2) years as a certified law enforcement officer with a comparable agency, will be calculated as follows: • Upon hire, officer will start at Step 0. • Upon completion of probation, the officer is eligible to advance one (1) step for every two (2) full years of prior comparable certified law enforcement service, to a maximum of Step 3. 15 City .;. Page 377 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 12 CFNInRITV Section 1. Seniority consists of continuous accumulated paid sworn service with the Boynton Beach Police Department. Seniority shall be computed from the date of appointment. Seniority shall accumulate during absences because of illness, injury in the line of duty, vacation, military leave or any other authorized leave of absence. Section 2. The City agrees that seniority shall govern, or in the case of layoffs be a factor in, the following matters: A. Layoffs will be in the following order: By reverse seniority. Members who have been laid off are subject to recall for up to one (1) year. B. Semi -Annual Shift Bidding Process. If a member voluntarily transfers back to Road Patrol from a Specialty Unit, his/her shift will be assigned by the Chief of Police (or Designee) based on operational needs. C. Any special event (Holiday Parade, July 4th, or any other event) shall be offered through a rotating list of bargaining unit personnel based upon Department seniority. This section does not apply to special event which require specified and established training and skills. Section 3. Assignments to platoons, divisions, and units, is a management right. Seniority will be given great weight in the selection process, after qualifications and balance of personnel are considered. Seniority may not in all cases be a prevailing qualification or the sole basis for the selection. The decision may be reviewed upon request by the Chief of Police who has the final decision. Section 4. In the event of a declared emergency alternate shifts or work schedules may be adopted by the Chief of Police as needed. Section 5. Employees who separate from employment with the Boynton Beach Police Department and thereafter return to employment shall not be permitted to bridge seniority. 16 City PBA Page 378 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 13 ADDITIONAL MONETARY BENEFITS Section 1. Compensatory Time (a) Bargaining unit members may be eligible for compensatory time accrual at the discretion of the Police Chief (or Designee) for participating in required educational and/or required training activities, special projects, and/or events. In addition, members are eligible to convert any overtime hours to compensatory time, subject to the following: i. All compensatory time will be earned/accrued at the rate of one and a half (1.5) times for each one (1) hour worked [in quarter (0.25) increments] and with a maximum accrual cap of two hundred forty (240) hours. ii. When a member's compensatory time accrual balance reaches two hundred forty (240) hours, the member is no longer eligible to accrue compensatory time until the accrual balance falls below one hundred ninety-five (195) hours. The member is also required to schedule and use a minimum of forty-six (46) compensatory time hours within the next one hundred eighty (180) days. iii. In the event the member fails to schedule and take a minimum of forty-six (46) compensatory hours during the one hundred eighty (180) day period, dates will be scheduled by a Command Staff member and required to be taken as scheduled. iv. Reasonable compensatory time requests of one (1) day that are denied for operational reasons will be considered for payout up to three (3) times during each fiscal year. V. Members are prohibited from using compensatory time for the same hours that the member also is actively performing work for the City (exclusive of off- duty details). (b) A bargaining unit member who is promoted to a position outside of the Police Officers & Detectives bargaining unit, or who separates from employment, will be paid the balance of all unused compensatory time at his/her last hourly base rate of pay in the Police Officers' or Police Detectives' rank. Section 2. Call Back A notification/call-out may be done by e-mail if a shift vacancy is expected/known prior to forty- eight (48) hours of the shift needing coverage. This notification would be for all members, including the off -going shift. Call back is defined as any time an officer is called into work when he/she is off duty, or when the work time is not contiguous with his/her assigned shift. In the event of call back, the employee shall be compensated for the actual time worked, but not less 17 City PBA Page 379 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 than three (3) hours at the rate of pay one and one-half (1.5) times his or her regular rate of pay. When an officer is called for call back (s)he will be guaranteed a minimum of three (3) hours at time and one-half, and at his/her supervisor's discretion, the officer may be required to work the entire three hours or longer. When an officer is called for call back, his/her supervisor will indicate as to whether or not (s)he should arrive in uniform or in plain clothes, if the option is available. Section 3. Court Time A. Court time will be paid at time and one-half when the officer is not on his regular assignment. An officer on court time will be compensated a minimum of three (3) hours at time and one-half. B. An employee who has been instructed to remain on standby for court appearance purposes during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When an employee is required to stand by for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight time. If an officer does go to court he will be paid for the court time indicated in Section A and not receive standby time pay. C. Bargaining unit members may report directly to court without prior check in at the police station. Members are still required to document their attendance at the court house and submit documentation to the Department. Section 4. On Call Any bargaining unit member who is on an "on-call" status (other than court time as outlined in Article 14, Section 3) shall receive compensation of one hour of pay at time and one half for each day (24-hour period) (s)he is on call. No member will be placed in an on-call status without the approval of a Command Staff member. Section 5. Shift Swaps The City will establish the hours of work best suited to meet the operational and fiscal needs of the Department. Any officer who accepts and participates in a shift swap will follow the proper protocol. No officer shall pay or otherwise compensate a fellow officer for swapping shifts. If the officer is sick and cannot meet his/her obligation to work the shift, they are permitted to find a replacement without penalty. If any officer abuses this privilege by calling in sick the first time, they will lose the sick time (per hour) and be suspended from shift swaps for three (3) months. The second subsequent sick call will be a six (6) month suspension from shift swaps, and the third sick call could force the member to be permanently disqualified from shift swaps. The member calling in sick will not be penalized if they provide a legitimate excuse or provide documentation of being sick. 18 City PBA Page 380 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Section 6. Shift Changes - Employer An officer will be given adequate advance notice as determined by the Police Chief of any change in his/her regular hours of work except when an emergency exists. Notice given that is less than forty-eight (48) hours before any changed schedule (assignment days or days off) is to take effect entitles the officer to receive compensation at the rate of one and one-half (1.5) times his/her regular hourly rate for the first day of his/her tour of duty. Section 7. City Business Outside of Palm Beach County The City agrees that any member who is required to be out of Palm Beach County to attend court proceedings as a representative for the City, seminars, or for any other reason as a result of his/her official City duties as a police officer (s)he will be paid his/her regular rate of pay for each day or partial day required for said purposes. Any travel outside of the State of Florida requires the City Manager's written approval prior to the purchase or payment of any fees for registration, travel, and/or accommodations. Section 8. Continued Service Incentive Following October 1, 2022, on the anniversary date of the member's sworn service date, in recognition of the continued service and of the value that experienced Officers and Detectives provide to the Police Department, the City will provide a Continued Service Incentive at the following milestones, as an annual incentive payment on the member's said anniversary date': Years Amount 11-15 $ 750.00 16-20 $1,500.00 21+ $3,000.00 Section 9. Language Proficiency Incentive Members who are proficient/fluent in speaking, reading, writing, and understanding oral communications in the languages of Creole or Spanish and who have successfully passed a language proficiency test through a vendor approved by the City and the Union are eligible to receive a Language Proficiency Incentive' of fifty cents ($0.50) per hour. [Note: The City and Union will collectively determine the standard proficiency level required for incentive eligibility once a vendor(s) has been selected. The final incentive details will be completed and available for implementation no later than November 15, 2022.1 ' The continued service incentive and language proficiency incentive will be included in the definition of pensionable earnings (total cash remuneration), as permissible. 19 City PBA Page 381 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 14 UNIFORMS Section 1. After a Bargaining unit member's initial allocation of uniforms, the City will provide three (3) full uniform sets and two (2) pairs of shoes per fiscal year. Purchase of shoes shall be limited to $150.00 per pair. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Police Chief (or Designee), and if adequate funds are available in the City Budget. Members of the bargaining unit assigned to plain clothes duty will receive up to a total of $1,600.00 a fiscal year, limited to $400.00 installments at the end of each quarter, in lieu of uniforms for clothing used at work. Section 2. Reimbursement, replacement or repair of personal clothing and equipment will be according to current department policies and procedures. The replacement will require the approval of the Chief of Police. The Detective or Uniformed Officer claiming a replacement will be required to include, with his/her claim, an explanation of the circumstances of the damage and appropriate reports concerning the incident where damage to his uniform took place. This allowance shall commence from the date of assignment on a pro -rated basis. Uniformed Officers assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accord with the above for the three (3) months and pro -rated thereafter. Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall notify those employees that are eligible, to take their uniforms only to the approved dry-cleaning establishment in Boynton Beach selected by the City. Detectives and other members assigned to plain clothes will be given a cash cleaning supplement equivalent to the cleaning benefit provided to uniform officers. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro -rated basis. 20 City PBA Page 382 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 15 ANNUAL OCCUPATIONAL FITNESS EVALUATIONS Section 1. Physical Evaluation: A. Mandatory Participation Due to the importance of certification of fitness for duty, bargaining unit members are required to attend and participate in an occupational fitness evaluation as scheduled, once per term of this Agreement. [Note: The City and Union agreed that all members who were active on or before August 26, 2022, are required to participate in the occupational fitness exams that are scheduled from October 3, 2022 through October 21, 2022, and such participation will satisfy the member's mandatory participation requirement for the term of this Agreement.] B. Voluntary Participation Members of the bargaining unit may voluntarily participate in this exam process during years in which a member is not required to participate, pursuant to Section 1.(A) of this Article. (1) In order to voluntarily participate, a member must notify the Director of Human Resources and Risk Management by email no later than May 11t of each year of this agreement. (2) Due to the advanced notice required to schedule these exams through the vendor and the cost to the City, voluntary participation status is "locked in" as of May 1st of each year and no changes/cancellations will be accepted after that date. (3) In the event a member who voluntarily elected to participate decides not to participate after May 1st, but prior to completing any portion of the exam, the member is responsible for reimbursing the City for the total cost of the exam through either a payroll deduction or by a check made payable to the City of Boynton Beach, within thirty (30) days of cancellation. [Note: The per member cost for the exam for FY 2022-2023 is $420.001 In no instance will the reimbursement cost be greater than $420.00. The Director of Human Resources may waive the reimbursement cost at his/her discretion based on the unit member's explanation of cancellation, if one is provided. (4) A member who voluntarily elects to participate and completes any portion of the exam process is then subject to the same provisions as those who are required to participate. C. Miscellaneous Provisions In any instance where a bargaining unit member completes an evaluation off duty, (s)he will receive compensation equaling two (2) hours at a rate of one and a half (1.5) times the bargaining unit member's hourly rate of pay. 21 City PBA Page 383 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 (1) It is the responsibility of the bargaining unit member to ensure that this physical evaluation and all follow-up testing required solely as a result of being found "unfit for duty" by a medical doctor are completed in a timely manner and as scheduled. (2) Failure to attend, and/or participate in the mandatory occupational fitness evaluation as required will result in the bargaining unit member being placed on a "no work" status until the evaluation is complete. Compensation for time in a "no work" status will be through the use of only accrued and unused sick leave, compensatory time, and vacation leave (in that order). If all aforementioned leave time is exhausted, the bargaining unit member will be placed in an unpaid status until such time that the full evaluation and any required follow up is completed. (3) For the term of this Agreement, the City will contract with a qualified medical provider to perform occupational fitness evaluations. Records associated with this physical evaluation and any follow up evaluations required solely in connection with the return to work of an employee who was found to be "unfit for duty" are provided to the Director of Human Resources and Risk Management, who will ensure the records are properly maintained in the employee's confidential medical file, which is separate from the employee's personnel file. Further, an employee who was found to be "unfit for duty," or who was recommended for referral to another medical provider, may be contacted by Human Resources and Risk Management regarding ADAAA, FMLA, and/or Workers' Compensation. Section2. Immunization: The City shall provide opportunity for members to receive immunizations during the term of this Agreement for all members as a means of protection from the following: • Hepatitis —Type B: Available to all bargaining unit members o Members who refuse to be immunized for Hepatitis Type Band who later contract that disease shall not be presumed to have contracted the disease while on duty. • Hepatitis —Type A: Available to all bargaining unit members. o Members who refuse to be immunized for Hepatitis Type A and who later contract that disease shall not be presumed to have contracted the disease while on duty. • The City shall offer flu shots for all members as a means of protection from contracting the flu while working during flu season. 22 City PBA Page 384 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Section 3. Other Testing: • The City shall provide lead testing for Range Instructors. The City will provide for AIDS and Hepatitis screening in instances where a member is exposed to situations or persons presenting such biological contamination threat. Section 4. Exposures: The City acknowledges and complies with all statutory notice requirements and presumptions regarding exposures in the line of duty. 23 City PBA Page 385 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 16 GROUP INSURANCE Section 1. Medical, Dental, and Vision Insurance The sole medical benefit plan currently available to employees is a High Deductible Health Plan (HDHP). The cost for "employee only" coverage for the HDHP medical, dental, and vision insurance premiums shall be paid by the City for bargaining unit members while they are employed by the City. Members are responsible for the cost of covering dependents on these plans. The City Commission, through the Annual Budget process, may appropriate funds to subsidize employees' premium costs for employees who cover dependent children on their City medical plan. Any subsidy offered does not extend beyond the plan year for which it is budgeted, and the offering of, and/or amount of, any such subsidy is not subject to negotiation. Medical Insurance: HSA Contributions: The City will contribute an annualized total of one thousand five hundred dollars ($1,500.00) into a bargaining unit member's Health Savings Account (HSA) on the first full pay check date following January 1st of each year of this Agreement. i. In order to be eligible for the annual HSA deposit above, a bargaining unit member must have been actively employed with the City on September 30' of the preceding year to receive the next following contribution. ii. The IRS prohibits members who have medical insurance through Medicare, Tricare, or Tricare for Life from contributing or receiving contributions into an HSA plan; therefore, the City will provide the cash equivalent in the member's first full paycheck following January Vof each year of this Agreement. a. In order to receive this payment, the member must email the Director of Human Resources and Risk Management no later than November 30' of each year of this Agreement with documentation that shows the member is covered on one of the aforementioned plans. New Hires: Bargaining unit members hired on or after October 11t of each year, and who elect to be covered on the City's medical insurance, will accrue one hundred and twenty-five dollars ($125.00) per active month of service for the City to deposit into their HSA through September of that plan year. This initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. 24 City PBA Page 386 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Leave Time Conversion to HSA: The City will provide opportunities to convert an annualized total of up to one thousand five hundred dollars ($1,500.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. This conversion can be done at the following times during each plan year (2022, 2023, 2024, and 2025): i. October 1st — November 15th (any amount up to an annualized total of $1,500.00). ii. April 1st — April 30th (any amount up to an annualized total of $1,500.00). iii. "Annualized" means plan year/contract year/fiscal year (October 1st through September 30th) Section 2. Life Insurance: Bargaining unit members are provided with a thirty-five thousand dollar ($35,000) term life and accidental death policy with the premium paid by the City. 25 City PBA Page 387 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 17 LEAVES Section 1. Vacation A. Accrual: 1. Bargaining unit members accrue vacation hours each pay period when they are in an active paid status of twenty-four (24) or more hours in a work week. No member may use more vacation leave than (s)he has accrued. The chart below shows the maximum annual accrual of vacation hours based on years of service: Years of Service Vacation Hours 1 year 96 2 years 120 3 years 120 4 years 128 5 years 136 6 years 144 7 years 152 8 years 160 9 years 168 10 years 176 11 years 176 12 years 176 13 years 176 14 years 176 15 years 176 16 years 192 17 years 192 18 years 192 19 years 192 20 years 192 21 years & after 200 2. A bargaining unit member may accrue vacation hours up to the Allowable Maximum: the total vacation hours (s)he accrued in his/her two (2) most recent years of employment. During the fiscal year, vacation hours may accrue beyond the Allowable Maximum; however, any accrued and unused vacation hours exceeding the Allowable Maximum on September 30' of each year will be forfeited. 26 City PBA Page 388 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 B. Requests: 1. Vacation requests may be submitted from 14 - 105 days in advance for vacation. In the event of conflicting requests for vacation dates, the senior member's request shall prevail provided the more senior member's request was submitted ninety (90) days prior to the date(s) requested. 2. Vacations of two (2) days or less may be made with twenty-four (24) hours of advance notice. 3. Request for emergency vacation leave will considered individually by the Chief. 4. A bargaining member who is absent without approval will not be compensated for the time absent and may be subject to disciplinary action. C. Bonus Vacation Hours: Members are eligible to accrue up to eight (8) Bonus Vacation Hours on a quarterly basis by participating in and/or meeting certain benchmarks in department and City safety and wellness incentives. Details of each quarter's incentive program benchmarks will be provided and published. Section 2. Sick Leave A. Accrual: Bargaining unit members will accrue sick leave on a bi-weekly basis (3.69 hours) for an annualized total of ninety-six (96) hours per year. In order to receive accrued sick leave in a work week, a member must have been in an active paid status of twenty-four (24) hours or more. No member may use more sick leave than (s)he has accrued. B. Notice of Use of Sick Hours: Unscheduled Sick: A member shall notify his/her immediate supervisor or designee, in a manner provided for by management, of his/her illness not less than sixty (60) minutes before the start of his/her scheduled shift. If a member fails to call in within the specified time, the member may be subject to progressive discipline. This notice procedure shall be followed for each day the member is unable to report to work unless the member has been authorized by Human Resources and the City Manager for an extended leave of absence. Scheduled Sick: A member may request, with a minimum of forty-eight (48) hours of advanced notice, to use scheduled sick hours for medical, dental, optical, appointments and/or procedures. Documentation to support payment under the "scheduled sick" pay code must be provided with payroll. Unsubstantiated use of such time will result in the time being recoded to "sick." 27 City PBA Page 389 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Sick hours may be requested and/or utilized upon approval of the Police Chief (or Designee) for the following reasons: 1. Member's health, or up to forty (40) hours per fiscal year for illness of immediate family member: the member's parent, spouse, or child. 2. Medical, dental, or optical treatment that is determined in writing by a physician to be necessary and must be performed during working hours. 3. Quarantine due to exposure to contagious disease. 4. In connection with a member's Workers' Compensation case, where (s)he has declined a light duty assignment or where no such assignment is available. 5. In connection with an approved Family and Medical Leave Act (FMLA) leave for a serious medical condition of the member, or the member's immediate family member, as defined in (FMLA). The following conditions may be deemed as excessive/abusive use of sick leave and may result in a referral to Human Resources for FMLA and/or progressive discipline: 1. Members who have developed a pattern of sick leave usage. 2. Members who are required to use vacation leave in lieu of or in supplementation of sick leave to compensate for absences (except approved FMLA). C. Documentation Reauired: For any use of sick time in excess of three (3) consecutive workdays, a member is required to provide written medical certification to the Human Resources and Risk Management Department upon return to work. Additionally, a member who calls out sick after being ordered to work a holiday, special event, or other mandatory assignment, is required to provide a doctor's note to Human Resources and Risk Management upon return and to notify their immediate supervisor that this documentation has been submitted. "Consecutive work days" means any day for which a member was scheduled to work, including additional or "overtime" shifts. D. Payout of Sick Leave 1. Members who are terminated from the City are not eligible for a payout of sick leave. 28 City PBA Page 390 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 2. Members will have payment made for their accrued and unused sick hours, at the percentage specified in the table below, upon resignation, retirement, change in status from full time to part-time, or death. (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the appropriate Pension Plan). Continuous Years of Service Less than 5 full years years but less than 10 full years More than 10 full years Upon retirement from the City Percentage of Sick Leave Payout 0% 25% 50% 50% 3. An employee retains his/her accrued and unused sick hours while employed in a full-time position with the City. If an employee's status converts to a part- time position, whether voluntarily or involuntarily, (s)he will have his/her accrued and unused sick leave paid out pursuant to the aforementioned table. E. Sick Leave Conversion: Members who have more than one hundred twenty (120) hours of sick leave as of September 11t of any contract year may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed eighty (80) hours. This conversion payout will occur by September 30tH F. Sick Leave Donations: Sick Leave Donations are available pursuant to City policy. Section 3. Personal Leave At the sole discretion of the Police Chief (or Designee), a member may be granted up to sixty (60) hours of paid personal leave in a fiscal year. There is no entitlement to Personal Leave, and the Police Chief's approval of or denial of such leave is not subject to grievance. Section 4. Bereavement Leave In the event a member has experienced the death of his/her mother, father, foster parent, step-parent, brother, sister, husband, wife, registered domestic partner, son, daughter, grandparents, grandchildren, mother-in-law, father-in-law, sister-in-law or brother-in-law, or grandparent of spouse or registered domestic partner, a member may use paid compassionate leave not to exceed three (3) consecutive shifts for any one death. However, if it is necessary for the member to leave the State in connection with the internment of the deceased, the member may use an additional two (2) consecutive 29 City PBA Page 391 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 shifts. Members must submit proof of death within thirty (30) days in order to be eligible for paid compassionate leave. The City Manager may grant additional compassionate leave at his/her sole discretion. 30 City PBA Page 392 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 18 HOLIDAY PAY Section 1. Bargaining Unit Members will receive Holiday Pay in the following manner: A. The second paycheck in October, members will receive 90 hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Veterans' Day o Thanksgiving Day o Day After Thanksgiving o Christmas Eve o Christmas Day o New Year's Day B. The second paycheck in January, members will receive 90 hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Martin Luther King, Jr. Day o Presidents' Day o Memorial Day o Juneteenth o Independence Day o Labor Day Section 2. Bargaining Unit Members must be actively employed on the paycheck date in order to receive the Holiday Pay in Section 1. Section 3. Bargaining Unit Members who leave employment must pay back any holidays for which they were paid but were not employed on date of holiday. This payment will be deducted from the member's final pay check at the hourly rate at which the holiday was paid. Section 4. New Hires will receive Holiday Pay on a pro -rated basis on the first paycheck of the month following date of hire. The proration will be calculated as follows: A. If hired between October 11t and January 1st, (s)he will receive Holiday Pay for only the holidays in Section 1A that occurred while (s)he was actively employed. 31 City PBA Page 393 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 B. If hired between January 2nd and September 30', (s)he will receive Holiday Pay for only the holidays in Section 1B that occurred while (s)he was actively employed. Section 5. There is no additional pay, premium or otherwise, for time worked on City - observed or actual holidays. Section 6. There is no pay, premium or otherwise, to Bargaining Unit Members who do not work on City -observed or actual holidays. Section 7. Members with non -road patrol assignments whose scheduled work day falls on a City -observed holiday may have the following options (based upon scheduling approval of Supervisory Chain of Command): a) Work on the City -observed holiday and get paid at straight time for the actual hours worked, or b) Not work on the City -observed holiday and request to use paid leave (such as available comp time or vacation leave) to be compensated for the hours, or c) Not work on the City -observed holiday and be in an unpaid status for those hours (absent any request to use available paid leave), or d) With advanced agreement and approval from supervisor, a non -road patrol member may flex his/her schedule during any work week in which there is a City -observed holiday. 32 City PBA Page 394 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 19 FUNERAL EXPENSES Section 1. The City will make a payment of fifteen thousand dollars ($15,000.00) to the beneficiary of bargaining unit employees considered by law to have expired in the line of duty. Section 2. All employees shall complete the appropriate form to designate by name and address, the individual to whom such funds are to be paid. In the event of conflicting claims for payment, the City will interplead the funds by court proceeding if the parties with conflicting claims cannot resolve their dispute within sixty (60) calendar days. 33 City PBA Page 395 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 20 TRAINING Cartinn 1 a. Mandatory Officer Training Requirements All basic mandatory training and retraining that an officer is required to attend while off duty will be compensated at a rate of one and a half (1.5) times the officer's hourly base rate for actual time in training. b. Conferences, Seminars, OtherTraining/Special Programs Other off-site training/special programs, including but not limited to conferences and seminars, for which the City approves a member to attend and pays the associated expenses are exempt from compensation other than the member's hourly base rate of pay for hours of actual classes while in attendance and for any hours the member is attending that were regular scheduled work hours. The City reserves the right to flex a member's work schedule to reduce the cost of overtime that may result from a member attending such classes on non- scheduled work days. Section 2. Weapons Training The content and course of weapons training will be established by the Chief of Police. Each member will be allowed three opportunities to meet prescribed qualification standards. If the officer does not qualify in three attempts, they will be required to qualify on their own time and expense to remain eligible for employment as law enforcement officers. Section 3. College Tuition Assistance The City will reimburse eligible members for tuition pursuant to the City's Tuition Assistance Program, which is attached as Addendum "C." The provisions of this Section and Addendum "C" relate to the reimbursement assistance for General Education Core Courses and Degree Program Core Courses. For the term of this Agreement, Tuition Assistance is funded at thirty-five thousand dollars ($35,000) per fiscal year and covers members of both the Police Officers & Detectives unit and the Police Sergeants unit. The provision of the City's Tuition Assistance Program that restricts DROP participants from eligibility is not applicable to members of any PBA bargaining unit. Section 4. The City will reimburse members for authorized expenses associated with attending training and special schools as approved by the Police Chief. 34 City PBA Page 396 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 21 CAREER OFFICER PROGRAM The City and Union will continue to discuss the development of a Career Officer Program, and this Article will be reopened at the request of either party, but no later than October 2023. 35 City PBA Page 397 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 22 PERSONNEL RECORDS Section 1. A personnel file for all City employees is maintained by the City's Human Resources Department. Employees may inspect and obtain copies of personnel files in accordance with Florida Law. Section 2. Internal affairs investigatory files will be maintained in accordance with Florida State Statutes. Section 3. All bargaining unit members covered by this Agreement must be notified within twenty-four (24) hours of the request in writing (E-mail is acceptable notification) when someone other than a City employee requests to review the bargaining unit members' personnel/I.A. file, unless the file is being inspected by a governmental agency (including IRS), or state attorney, in the conduct of a lawful criminal investigation when confidentiality of the investigation is requested. 36 City PBA Page 398 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 23 LEGAL ACTION Section 1. In accordance with Florida Statutes, the City will provide legal defense for a member against any civil damage suits wherein said member is a named party and wherein the alleged damages were allegedly caused by the actions of said member while acting within the scope of his/her authority and within the course of his employment. Section 2. The City will indemnify all members against judgments for compensatory damages entered against them as a result of their actions to the extent that the City is found liable for such actions. Section 3. The City will select the Attorney who is to defend the employee relative to this Article. Section 4. The employee will be responsible for filing any counterclaims at his/her expense. 37 City PBA Page 399 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 24 DISCIPLINE Section 1. The Parties recognize that the interests of the community and job security of the bargaining unit members depends upon the City's success in providing proper and efficient services to the community. To this end, the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals of effective municipal management and public safety. The Parties recognize the need for progressive and appropriate discipline when an employee's conduct and job performance are inconsistent with said goals. Section 2. No bargaining unit member shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. The following disciplinary actions shall be utilized and, depending on the severity of the offense, the first action may be at any appropriate level including dismissal. A. Written Notice/Reprimand B. Unpaid Suspension C. Demotion D. Termination Discipline is classified as either major or minor, as follows: MAJOR DISCIPLINE is a(n): • Unpaid Suspension of more than sixteen (16) hours; • Demotion, or; • Termination. MINOR DISCIPLINE is a(n): • Written Notice/Reprimand, or; • Unpaid Suspension of sixteen (16) hours or less. Section 3. Any bargaining unit member who has been promoted, and who thereafter is demoted, shall be returned to the position and shift(s) he or she occupied immediately prior to the promotion or to a position and shift consistent with his or her seniority as a sworn officer with the Boynton Beach Police Department, whichever is more favorable for the member. Personnel re-entering the bargaining unit as provided above shall be placed in their respective Step Pay Plan based upon their completed years of sworn service with the City of Boynton Beach Police Department at the time of demotion. Section 4. No Employee shall be subject to major discipline without first being afforded a pre -determination conference with the City Manager. No pre -determination conference shall be conducted with less than fifteen (15) calendar days' notice to the Employee. 38 City PBA Page 400 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Section 5. Unpaid suspensions will be imposed in increments of eight (8) hours loss of pay. Section 6. Members will be ineligible to work off duty details during any calendar day on which they are observing a suspension. Section 7. The City will provide notice to the PBA when it completes an investigation of bargaining unit members that could result in disciplinary action or when an employee is given a suspension. 39 City PBA Page 401 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 25 APPEALS OF DISCIPLINARY ACTION Appeals of disciplinary action shall be handled as follows: MINOR DISCIPLINE: A. Written Notices/Reprimands may be submitted for review by the Chief of Police as follows: 1. Member must submit a written response to the Written Notice/Reprimand (email is acceptable) to the Chief of Police, with a copy to the Director of Human Resources and Risk Management, within fifteen (15) calendar days of issuance. 2. After review of a member's written response and within fifteen (15) calendar days, the Chief of Police may rescind the Written Reprimand. The Chief's determination will be in writing (email is acceptable) to the member, with a copy to the Director of Human Resources and Risk Management. The Chief's response may simply state the determination outcome. 3. The Director of Human Resources and Risk Management will ensure the member's employment file contains the originally issued Written Notice/Reprimand, the employee's written response, and the Chief of Police's determination to sustain, reduce, or reject the discipline. 4. Alternatively, a member is permitted to provide a written response to the Written Notice/Reprimand to both the Chief of Police and the Director of Human Resources, up to 90 days following its issuance for inclusion in his/her employment file. However, the Chief of Police will not consider reducing or rejecting discipline from any written responses received after the deadline as stated above in A(1)-(3). B. Unpaid Suspensions of sixteen (16) hours or less (following pre -disciplinary meeting under Chapter 112, Florida Statutes) may be formally appealed to the Chief of Police, whose decision shall be final. A member may submit a written response to be included in his/her employment file. 1. Following the initial pre -disciplinary meeting and receipt of final discipline, an appeal shall be filed in writing via electronic mail to the Chief of Police and the Director of Human Resources and Risk Management within fifteen (15) calendar days of notice of the unpaid suspension. 2. The Chief of Police shall render a decision within fifteen (15) calendar days of the appeal. 3. The Chief of Police's decision may be to sustain, fully reject, or lessen the discipline. The Chief of Police (or Designee) may, at the request of the member, conduct interviews with departmental staff or members of the bargaining unit as part of his/her formal review of the 40 City PBA Page 402 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 discipline and of alleged violations of this Agreement and/or Chapter 112, Florida Statutes, if applicable. MAJOR DISCIPLINE: A. Pre -Disciplinary Meeting with the Chief of Police under Chapter 112, Florida Statutes: 1. Following the initial recommendation of discipline, members may schedule and attend a Pre -Disciplinary meeting with the Chief of Police, pursuant to Chapter 112, Florida Statutes, within thirty (30) calendar days of the issuance of Major Discipline. This request must be in writing (e-mail is acceptable) to the Chief of Police with a copy to the Director of Human Resources and Risk Management. 2. After the meeting, if one is requested, or after receiving the member's written statement in lieu of a meeting, the Chief of Police will render his final disciplinary decision within fifteen (15) calendar days. 3. If a member does not request and attend a pre -disciplinary meeting with the Chief of Police, or does not provide a written statement in lieu of a meeting, within thirty (30) calendar days of the initial recommendation of discipline, then the Chief of Police's initial discipline recommendation will stand. However, the member may opt to waive the meeting with the Chief of Police and proceed directly to the Predetermination Conference with the City Manager. B. Predetermination Conference with the City Manager: 1. Prior to the imposition of Major Discipline, a member may elect to participate in a Predetermination Conference with the City Manager. The member must request a conference with the City Manager within fifteen (15) calendar days of the final determination by the Chief of Police. 2. Members will have a minimum of fifteen (15) calendar days' notice of the date of the Predetermination Conference. 3. The City Manager will render a disciplinary decision, which is final, within thirty (30) calendar days of the predetermination conference. C. Arbitration: Following a Predetermination Conference with the City Manager, if the final recommendation of discipline remains as Major Discipline, then the matter may be referred directly to Arbitration, beginning at Step Three of the Grievance Procedures pursuant to Article 26, 5.A. 41 City PBA Page 403 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 26 GRIEVANCE AND ARBITRATION PROCEDURE Section 1. A grievance, as used in this Agreement, is limited to a complaint or request of a bargaining unit member or the PBA which involves the interpretation or application of, or compliance with, the provisions of this Agreement. Appeals of disciplinary action are not grievances but may be brought following the procedures set forth in Article 25 and Step Three (3) of this Article. Section 2. Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration. Section 3. In the event a grievance should arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. Section 4. All references to "days" in this Article shall mean calendar days. Section 5. Procedures A. Grievance Procedures Step One — Police Chief The aggrieved employee(s) or an Association representative on behalf of an aggrieved employee(s) shall file a Step One written grievance by electronic mail to the Police Chief and the Director of Human Resources and Risk Management on or by the fifteenth (15tn) day of the occurrence or on or by the fifteenth (15t") day of when the employee(s) knew or should have known of the occurrence. All grievances shall include the following: a. Statement of the grievance and the facts and circumstances upon which it is based; b. Name and rank of grievant(s); c. The Article(s) and Section(s) of the Agreement alleged to have been violated; and d. The remedy requested; 42 City PBA Page 404 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 All class action grievances shall also include: a. Statement indicating the grievance is a class action; and b. Signature of a PBA Union Official/Attorney. The Police Chief's Step One response shall be transmitted to the Union and to the Director of Human Resources and Risk Management on or by the tenth (10th) day of receipt of a grievance. If the Police Chief does not respond in writing via electronic mail, the grievance is presumed to be denied and the employee or an Association representative may advance the grievance to Step Two. Step Two — City Manager (or Designee) If no resolution is reached at Step One, the aggrieved employee(s) or the Association representative on behalf of the aggrieved employee(s) may file a Step Two written grievance by electronic mail to the City Manager and the Director of Human Resources and Risk Management on or by the fifteenth (15th) day of receipt of the Police Chief's Step One response. The City Manager (or Designee), at his/her discretion, may conduct interviews with the grievant(s), the Union representative(s), members of the bargaining unit, and/or management to discuss the grievance. The City Manager (or Designee) must notify the Union and Grievant within seven (7) days of receipt of the Step Two grievance if (s)he intends to conduct interviews. Once such notification is made, the time period for the City's Step Two response is tolled with mutual agreement by the Union until the interviews can be scheduled and conducted. The City Manager (or Designee) shall respond in writing to the Step Two grievance by electronic mail no later than thirty (30) days of receipt of the Step Two grievance or by a mutually agreed upon extended date. If the City Manager (or Designee) does not respond in writing via electronic mail, the grievance is presumed to be denied, and the aggrieved employee or an Association representative may move to the next step. Step Three — Arbitration If the grievance has not been settled by Steps 1 and 2, the PBA or the City may request arbitration within fifteen (15) calendar days of receipt of the City Manager's (or Designee's) reply or when a reply was due, if none is submitted. Following a Predetermination Conference with the City Manager under Article 25, appeals of disciplinary matters continue at this Step of the Grievance Process. Notices to the City under this section must be sent to the City Manager and to the 43 City PBA Page 405 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Director of Human Resources and Risk Management, and electronic mail is sufficient. Notices to the PBA under this section must be sent to the assigned PBA attorney, with a copy to PBA President. B. Arbitration Procedures The Party requesting arbitration must timely file with the American Arbitration Association (AAA) or Federal Mediation and Conciliation Service (FMCS) for a panel of seven (7) arbitrators on or before the fifteenth (15th) day deadline, and a copy shall be served on the other Party. The rules for conduction of the arbitration will not be the rules of AAA or FMCS unless agreed to by the City and PBA, but will be governed by the terms of this Agreement. 1. Arbitrator Selection Each Party retains the right to reject one panel in its entirety and request that a new panel be issued at the rejecting Party's expense. The grieving party shall strike the first name with each Party alternating strikes thereafter until only one arbitrator's name remains. The last name remaining shall be the arbitrator. The arbitrator shall determine the date(s) and time(s) of the hearing subject to the availability of the Union and the City. Arbitration will be conducted at a location mutually agreeable to the City and the Union. 2. Arbitration Fees and Expenses All fees and expenses of the arbitrator shall be divided equally between the Union and the City; however, each Party shall fully bear the expense of preparing and presenting its own case, including the cost of witnesses and other people it requires to attend the arbitration. 3. Arbitrator Authority and Award The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision of the arbitrator is final and binding on the parties. If the arbitrator reverses the discipline in its entirety, the Employee will be made whole. Any and all procedures regarding arbitration which are not specifically set forth in this Section shall be governed by this Article. The decision of the arbitrator is final and binding on the Parties subject only to the rights of the parties to confirm, clarify, or set aside the award as set forth in the Florida Arbitration Code. The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if any, or of the transcript if Parties have agreed to submit the transcript in lieu of briefs. 44 City PBA Page 406 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 The arbitrator shall submit his/her decision in writing with a statement of findings and reasons within thirty (30) days of the receipt of briefs, if any, or receipt of the transcript if Parties have agreed to submit the arbitration transcript in lieu of briefs. 4. Other Provisions A transcript of the Hearing will be made, unless waived by both Parties. The cost, including the arbitrator's copy, will be shared equally bythe Parties with the PBA share not to exceed $500.00. Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the close of the Hearing or after receipt of the transcript, if a transcript is requested. By agreement of both Parties, a meeting will be held at any step of the grievance procedure. Settlement of a grievance prior to the issuance of an arbitration Award shall not constitute precedent nor shall it constitute an admission that the Agreement has been violated. A probationary employee may not grieve any matter concerning assignment, or discharge for reasons of failure to meet performance standards. 45 City PBA Page 407 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 27 PERSONAL VEHICLES Section 1. When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools, and/or seminars. 46 City PBA Page 408 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 28 DRUG TESTING The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. Bargaining Unit employees are subject to random, reasonable suspicion, and post -accident drug testing. The Drug Free Workplace Policy approved by the City and the PBA is attached as Addendum "A." 47 City PBA Page 409 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 29 POSTING OF ASSIGNMENT AND PROMOTIONAL OPPORTUNITIES Vacancies in positions or assignments will be posted in-house no less than five (5) calendar days before the application deadline for the position or assignment. Members applying for a posted position or assignment must meet the qualifications on the final day of posting; for example, while the member may not be eligible at the time his/her application is submitted, if the member will satisfy all of the qualifications by the final day of posting, then the submitted application shall be accepted and considered. 48 City PBA Page 410 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 30 COMPLETE AGREEMENT AND NON -WAIVER PROVISION Section 1. This Agreement is the complete Agreement between the parties, cancels all prior practices and agreements, and, except as expressly provided for herein, relieves the Parties of the obligation to bargain on any subject during the term of this Agreement. Section 2. There is no past practice which results in a monetary benefit except as set forth expressly in this Agreement. All bargaining unit members are covered under the terms of this Agreement, Departmental Rules and Regulations, and the City's Personnel Policy Manual and not under any Civil Service Rule/Regulation and heretofore in existence. (a) When the City intends to make changes to City or Departmental Administrative Rules or Regulations, or Procedures, the City will provide written notice to the PBA. This notice will include a description of the change and an implementation date which shall be no less than thirty (30) calendar days from the date of notice. (b) If the PBA believes that that modification constitutes a change to wages, benefits or conditions of employment, PBA will have fifteen (15) calendar days from date of notice to advise the City if the PBA is requesting pre -implementation or post implementation impact bargaining and to identity with specificity the manner in which the modification affects the rights of its members. The PBA response shall include three (3) dates and times when the PBA is available to meet with the City to discuss/bargain the modification, excluding dates in the first ten (10) days following the PBA request. When bargaining is requested, it shall begin no less than ten (10) days following the PBA's request and shall be concluded within fourteen (14) days following the first bargaining session. (c) This provision is not a waiver, restraint, or limitation on the City's management right to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. Further, this provision is not a waiver of the City's rights or the PBA's rights under Chapter 447, Florida Statutes. Section 3. Nothing in this Agreement shall be construed or interpreted as a waiver of the PBA's right to request bargaining or impact bargaining. Section 4. Nothing in this Agreement shall be construed or interpreted as a waiver or limitation on the City's management rights. 49 City PBA Page 411 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 31 SEVERABILITY Section 1. If any provision of this Agreement is found to be invalid by any courts having jurisdiction in respect thereof, such findings shall not affect the remainder of this Agreement, and all other terms and provisions shall continue in full force and effect. Section 2. In the event of such finding the Parties will meet within thirty (30) days to begin negotiations of a replacement Article or Section. 50 City PBA Page 412 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 32 DURATION This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission and shall remain in effect until September 30, 2025. No base wage increase, step, cost of living, or other compensation adjustments, except increases resulting from an assignment, shall be paid beyond September 30th of each year, except as provided in a subsequent Memorandum of Understanding or Collective Bargaining Agreement. 51 City PBA Page 413 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 33 TAKE HOME VEHICLES Section 1. The City agrees to continue the take home vehicle program during the term of this Agreement and to purchase as reasonably as possible the number of vehicles sufficient to supply eligible members of the bargaining unit. Section 2. Eligibility: • Members who reside within 60.0 miles of Police Headquarters (2100 High Ridge Road) are eligible for a Take Home Vehicle provided they: o Have successfully completed Field Training, and o Have not had their police powers suspended. • Members who are on modified/light duty related to a workers' compensation claim who do not have driving restrictions are eligible based upon availability of an unmarked vehicle. • Members who are on modified duty related to a non -work-related injury or temporary disability may be provided with an unmarked vehicle based on availability and seniority (ID number), provided their work restrictions do not prohibit driving. Section 3. Vehicles will be assigned on the basis of seniority (by ID number), with seniority bumping rights for Members transferred to patrol. Section 4. Assigned vehicles are not for personal use but for work only. Section 5. F.S. 627.7491 — Official law enforcement vehicles; motor vehicle insurance requirements: This statute took effect on July 1, 2022 and requires police departments to maintain auto insurance coverage to cover their vehicles when an officer travels to or from work in a take home vehicle. The coverage must also cover the time an officer travels to and from any other work assignment in the take home vehicle. However, there are two exceptions: 1. Coverage is not required if the officer makes any "distinct deviation for a nonessential personal errand." a. The City and Union define "distinct deviation" as any personal use of Take Home Vehicle other than de minimis use along the member's normal commute route. For example, stopping at a convenience store, bank, or fast food restaurant that is on a member's reasonable commute route is considered de minimis. 52 City PBA Page 414 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 2. Coverage is not required if the officer "acts in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property." The Citv has the necessary insurance in place to comply with this statute. 53 City PBA Page 415 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 34 OFF-DUTY DETAILS All off-duty details (work performed for a second party employer) require prior written approval by the Chief of Police (or Designee). Police Department Index Code 712 applies except as modified in this Article. Sworn Law Enforcement Officers in positions outside of PBA bargaining units are not prohibited from participating in the off-duty details program. The City will continue coordinating off-duty details. The net rate of pay for off-duty details paid to the officer will be set by the PBA, but no less than fifty dollars ($50.00) per hour with a three (3) hour minimum. PBA may change this rate at any time with a minimum of fifteen (15) calendar days of written notice to the City. The City will act as the conduit for payment for off-duty details from the second party employer to the officer. The City may contract with a company or individual for processing. Payment to the officer is contingent on collection from the second party employer. Any payments for off duty detail work performed on behalf of a second party employer shall not be considered compensation for pension calculation purposes2. Each officer working an off-duty detail is deemed to be an independent contractor of the second party employer. However, police officers on off-duty details shall be permitted to utilize a City police uniform, radio and vehicle. For such usage, the City shall receive seven dollars ($7.00) per hour for every detail worked to offset equipment costs. Details shall be assigned only to those officers who are off duty and no officer shall accept any off-duty detail when it interferes with his/her normal working hours. No swap of time is permitted to accommodate an off-duty detail. Each officer, while working off-duty details, shall adhere to City conduct standards. Any misconduct or breach of policies, rules and regulations will be handled through the Department the same as any on -duty activity. z (4) "Compensation" or "salary" means, for non -collectively bargained service earned before July 1, 2011, or for service earned under collective bargaining agreements in place before July 1, 2011, the total cash remuneration including "overtime" paid by the primary employer to a police officer for services rendered, but not including any payments for extra duty or special detail work Performed on behalf of a second party employer. § 185.02, Fla. Stat. Ann. 88 Pension Code: Compensation or salary. The total cash remuneration including lump sum payments for accumulated sick and vacation leave and "overtime" paid by the primary employer to a police officer for services rendered, but not including any payments for extra duty or a special detail work performed on behalf of a second party employer paid directly to the police officer by the second party employer. 54 City PBA Page 416 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Any police officer who is on sick leave, workers' compensation, or working light duty will not work any off-duty detail during that period. Any police officer on leave due to disciplinary matters shall not work off-duty details during the period of that suspension or removal from regular active duty. The Police Chief may suspend an employee's right to work off-duty details as a component of a disciplinary action oras a component of a Performance Improvement Plan as a result of a conduct violation committed while on an off-duty detail. All Bargaining unit members assigned to cover off-duty details may report directly to their assignment without prior checking in or out at the police station; however, members must advise a supervisor personally or by radio. Bargaining unit members assigned to an off-duty detail shall comply with all current City and Department policies and procedures in effect. 55 City PBA Page 417 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 35 PENSION Section 1. Recent Historical Changes During Bargaining • Bargaining Unit Members hired on or after October 1, 2015 will have a pension multiplier of three percent (3%). • The vesting period for Police Officers and Detectives hired on or after October 1, 2016 is ten (10) years. • Upon ratification of the Agreement ending September 30, 2019, the City and the Union conformed to the statutory requirement to negotiate provisions of SB 172, codified as Laws of Florida 2015-39 by entering into a Mutual Consent Agreement, which provided that the Union to pay the City a total of $60,000 in $30,000 increments in November 2017 and November 2018. • Mutual Consent Agreement, which provides that the City will receive a total of $90,000 in $30,000 increments in November 2019, November 2020, and November 2021. • Employees hired on or after October 1, 2019: Normal retirement — the earlier of age 55 and 10 years of credited service, or completion of 25 years of credited service regardless of age — Eliminating the 50 years of age with 15 years of credited service. • Employees hired on or after October 1, 2016: Early Retirement/Deferred Vested Retirement — 50 years of age with 10 years of credited service. • ALL: Maximum Retirement Benefit shall not exceed eighty-five percent (85%) provided that, in all cases, the benefit is at least 2.75% for each year of service. • ALL: Member Contributions toward Base Pension Benefit - Additional 0.5% pension contribution from all employees (excluding DROP participants) each fiscal year of the prior Agreement — Monies must be utilized for Unfunded Actuarial Accrued Liability (UAAL). • Year 1-0.5% additional contribution • Year 2-0.5% additional contribution • Year 3 —0.5% additional contribution • DROP — Employees hired on or after October 1, 2019 will receive interest at a rate of 0% - 8% depending on plan performance. These members will be required to remove their money from the DROP as stipulated in the DROP Ordinance. 56 City PBA Page 418 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Section 2. Agreed Changes During Bargaining of Current Agreement • A Mutual Consent Agreement, included as Addendum "B," provides that the City will receive a total of $150,000 in $50,000 increments in November of each year of this Agreement (2022, 2023, 2024). • DROP — Effective October 1, 2022, all active members are eligible to participate in an eight (8) year DROP with a seven percent (7%) guaranteed interest rate on their full DROP balances. Members are required to resume contributions at three percent (3%) for years six (6) through eight (8) of the DROP, if they opt to participate. Active members who have already entered the DROP are eligible to extend their DROP provided they are not required to separate from service prior to October 1, 2022. ARTICLE 36 RESERVED 57 City PBA Page 419 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 37 WORKERS' COMPENSATION AND LEAVES OF ABSENCE 58 City PBA Page 420 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Section 1. Workers' Compensation A. A bargaining unit member covered by Florida Statute, Chapter 440, Workers' Compensation, and in accordance with provisions set forth hereunder, shall be authorized to be absent from work due to injury or illness incurred while on duty, and directly related to work performed, until (s)he reaches maximum medical improvement or two (2) years, whichever comes first. B. The City is self-insured for Workers' Compensation. The City's Human Resources and Risk Management Department coordinates claims management for work-related injuries and illnesses. For information and policies regarding Workers' Compensation, contact the Human Resources and Risk Management Department. C. Members who are unable to work due to a work-related injury or illness, are entitled to have their workers' compensation payments supplemented for up to ninety (90) days to ensure they receive one hundred percent (100%) of their normal base pay, unless otherwise negotiated in a workers' compensation hearing. D. The City follows the provisions of Florida Statute, Chapter 440, Workers' Compensation. Bargaining Unit members who require follow up medical treatment are required to attend appointments while off duty. In the event a Bargaining Unit member needs to attend an appointment while on duty, due to scheduling conflicts identified by Command Staff, the member must use his/her available Sick Leave or compensatory time and vacation time if the member has no available Sick Leave. E. Reportine Work -Related Iniuries/Illnesses: 1. An employee who sustains a work-related injury or illness is required to immediately notify his/her supervisor and/or the Human Resources and Risk Management Department. Notification to the Human Resources and Risk Management Department is made 24/7 by calling: (561) 742-6677 or e -mailing: risk@bbfl.us. An employee who fails to promptly notify his/her supervisor or the Human Resources and Risk Management Department is subject to disciplinary action including termination of employment. F. FMLA in Conjunction with Workers' Compensation: 1. To the extent permissible by Law, the City designates lost time in conjunction with a workers' compensation claim as FMLA for members who meet the eligibility requirements and who have not yet exhausted their rolling 12 -month hours' entitlement. Section 2. Modified Work (Light Duty) 59 City PBA Page 421 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 A. Modified Work Assignments (Workers' Compensation): 1. An employee who has been released to work with restrictions may be accommodated with a modified work (light duty) assignment at the discretion of the Director of Human Resources and Risk Management (or Designee) in consultation with the Police Chief (or Designee). An employee may choose to accept or decline the modified work assignment. If an employee declines an offer of a modified work assignment, the employee will be required to remain at home until released to full duty with no restrictions, and during this time, (s)he will be required to use accrued and available leave time in the following order: sick and vacation. Additionally, an employee who declines an offer of a modified work assignment and who meets the eligibility requirements for leave under FMLA will have his/her time off automatically designated as FMLA. (a) For more information regarding modified work as it pertains to Workers' Compensation, contact the Human Resources and Risk Management Department. B. Modified Work Assignments (Other): 1. The City complies with the Americans with Disabilities Act Amendments Act (ADAAA) to provide reasonable accommodations to employees who request them and are qualified. An employee may request an accommodation and/or more information by contacting the Human Resources and Risk Management Department. Section 3. Leaves of Absence A. Family and Medical Leave Act (FMLA): 1. An employee who has worked for the City for at least twelve (12) months and who has worked at least one thousand two hundred fifty (1,250) hours in the preceding twelve (12) months is eligible to request job -protected leave under FMLA for qualified reasons as defined by the law. 2. Requests for leave under FMLA must be submitted in writing on the designated form to the Human Resources and Risk Management Department. Leaves under FMLA are approved by the Director of Human Resources and Risk Management and the City Manager. Human Resources may designate as FMLA an eligible employee's qualified leave, including lost time due to a Workers' Compensation claim. 60 City PBA Page 422 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 (a) For more information regarding leave under FMLA, contact the Human Resources and Risk Management Department. B. Americans with Disabilities Act Amendments Act 1. An employee may be entitled to leave as an accommodation for his/her disability under the ADAAA. (a) For more information regarding a leave accommodation under ADAAA, contact the Human Resources and Risk Management Department. C. Military Leave: 1. The City complies with Military Leave pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Florida Statute 115.07. 2. An employee must immediately notify the Human Resources and Risk Management Department upon notice of his/her need for Military Leave. (a) For more information regarding Military Leave, contact the Human Resources and Risk Management Department. D. Leave of Absence (Other): 1. An employee who is not eligible for leave under FMLA, ADAAA, or Military Leave may request a Leave of Absence for up to ninety (90) days. 2. A request for a Leave of Absence must be submitted in writing to the City Manager via the Director of Human Resources and Risk Management. The City Manager, in consultation with the Director of Human Resources and Risk Management and the Police Chief (or Designee), will consider an employee's request for a Leave of Absence on a case-by-case basis with the operational needs of the City being a primary factor in whether or not the leave may be granted. An employee who is on an approved Leave of Absence is subject to being recalled to service upon notice of the City Manager (or Designee). The City Manager's determination is final and is not subject to further review, appeal, grievance, or arbitration process. 3. Any approved Leave of Absence will require an employee to utilize his/her paid leave time in the following order: compensatory time, vacation, and sick. Once the employee has exhausted all available accrued time, the remainder of the Leave of Absence will be without pay. An employee will not accrue vacation or sick hours while on a Leave of Absence. The employee is responsible for the full 61 City PBA Page 423 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 cost of insurance premiums for work weeks in which (s)he is in an unpaid status for more than twenty-four (24) hours. APPENDIX 1 (Referenced in Article 7) FIELD TRAINING AND POLICE TRAINING OFFICERS 62 City PBA Page 424 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 The PTO and FTO programs will work in concert to prepare and evaluate newly hired officers. 1. Field Training Officer (FTO) DEFINED: Any sworn department member assigned to Uniform Services in Road Patrol capacity working on any Platoon in full uniform and marked police cruiser subject to the demands of receiving and handling calls for service from Communications as their daily routine are available to train newly employed personnel in the field. 2. Police Training Officer (PTO) DEFINED: Any sworn department member assigned to Uniform Services in Road Patrol capacity working on any Platoon in full uniform and marked police cruiser subject to the demands of receiving and handling calls for service from Communications as their daily routine are available to train newly employed personnel in the field. The member must have completed the requisite training as defined by the department's Index Code on the PTO program. a. Officers who are in training will occasionally require training from members of other specialized units within the department, (e.g. Traffic, K- 9, etc.) The officers from those specialized units who provide this training will receive seven percent (7%) incentive pay for hours worked in this training capacity. This training incentive pay will be retroactive to the hours of their assignment. 3. PTOs and FTOs will be responsible for training all newly assigned probationary employees. 4. Assignment as a PTO or FTO is not a promotion to any rank. 5. An officer's assignment as a PTO or FTO can be ended or suspended at the discretion of the Chief of Police. 63 City PBA Page 425 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ADDENDUM "A" DRUG FREE WORKPLACE POLICY 1.1 PURPOSE The City of Boynton Beach is committed to providing a safe work environment for its employees and our community. Drug and alcohol abuse are national problem that is prevalent in society and impairs the health and safety of employees, promotes crime and harms our local community. Moreover, the illegal possession, use, sale, and distribution of controlled drugs are criminal acts that directly threaten the integrity of all employees in the City. The City is addressing this problem through its DRUG FREE WORKPLACE Program. Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe and productive drug and alcohol - free environment. We encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. The City considers substance abuse to be an unsafe and counterproductive work practice. 1.2 SCOPE This policy applies to all PBA collective bargaining unit members at the City of Boynton Beach. 1.3 DEFINITIONS 1. "Chain of Custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to the final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, and strong specimens and reporting test results 2. "Confirmation Test", "confirmed test" or "confirmed drug test" is a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. 3. "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. Threshold detection levels are established by Florida regulations. Therefore, activities participated in while off duty 64 City PBA Page 426 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 may result in positive drug tests. For DOT covered employees, alcohol includes any intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols. Consumption of a preparation including alcohol (beverages or medicines). A list of the most common medications which may alter or affect a drug test are found in Section 1.5, Letter I of this policy. Employees and job applicants should review this list prior to submitting to a drug test. 4. "Drug test" or "test" means any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites. 5. "Employee" means an individual who works for salary, wages, or other remuneration for the City and is covered by the workers compensation act. 6. "Employee Assistance Program" (EAP) is an established program for employee assessment, counseling, and referral to an alcohol and drug rehabilitation program. 7. "Employer" means an agency within state government that employs individuals for salary, wages, or other remuneration. 8. "Initial drug test" means a screening procedure of the blood and/or urine of employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules. 9. "Job Applicant" means a person who has applied for a position with the City and has been offered employment conditioned upon successfully passing a drug test. 10. "Mandatory -testing position/Safety-sensitive position" means with respect to a public employer, a job assignment that requires the employee to carry a firearm, work closely with an employee who carries a firearm, perform life-threatening procedures, work with heavy or dangerous machinery, work as a safety inspector, work with children, work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check, pursuant to F.S. 110.1127, or a job assignment in which a momentary lapse in attention could result in injury or death to another person. 11. "Medical Review Officer (MRO)" means a licensed physician with knowledge of prescription drugs, pharmacology and toxicology of drugs, who may be responsible for receiving and reviewing all positive confirmed test results and who may be responsible for contacting all individuals who test positive in a confirmation test to inquire about possible medications which could have caused a positive result. The MRO need not be an employee of the City. 65 City PBA Page 427 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 12. "Prescription or Nonprescription Medication" means a drug or medication obtained pursuant to a prescription as defined by F.S. 893.02 or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments, or injuries. 13. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing may not be required except upon the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Among other things, such facts and inferences may be based upon: a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being underthe influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated. d. Evidence that an individual has tampered with a drug test during employment with the current employer. e. Information that an employee has been involved in an accident while at work: i. If a bargaining unit member is involved in an accident in which the member was driving a City owned vehicle, and any one of the following occurs: an individual dies, an individual suffers a bodily injury and receives medical treatment away from the scene of an accident, one or more vehicles (whether operated by a City employee or not) incurs damage as the result of the occurrence, or is transported away from the scene by a tow truck or other vehicle, and under any circumstances when the bargaining unit member is issued a traffic citation. ii. An order to submit to post accident testing can be made by a Police Sergeant or higher rank. Any bargaining unit member ordered for a post- accident drug test may, at the member's option, be accompanied to the testing by an available Union Representative. The Union Representative shall act as a quiet observer to the testing procedure and shall not interfere with the testing procedures or direct questions or comments to the testing City PBA Page 428 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 personnel. The unavailability of a Union Representative shall not preclude the post -accident drug testing from taking place. iii. Refusal to submit to an order for post -accident drug testing, or intentionally delaying a post -accident drug test can result in termination; however, nothing herein shall abrogate a bargaining unit member's right to challenge the results of the drug test. f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment. 14. "Special -Risk Position" means a position that is required to be filled by a person who is certified under Chapter 633, Fire Prevention and Control or Chapter 943, Department of Law enforcement. 15. "Specimen" means a tissue or product of the human body including blood, urine, or saliva capable of revealing the presence of alcohol and/or illegal drugs or their metabolites. 16. "Stepping Forward" means that an employee comes forward and requests assistance for substance abuse prior to being selected for a random drug test, or prior to being ordered to submit to a reasonable suspicion drug test, fitness for duty evaluation, or prior to being involved in an accident or sustaining an injury, which requires drug testing. 1.4 POLICY A. It is the policy of the City that an employee found with the presence of alcohol, illegal drugs, or prescription medication in levels exceeding prescribed dosage in his/her system, in possession of, using, selling, trading or offering for sale illegal drugs or alcohol during working hours, may be subject to disciplinary action up to and including termination. A refusal to submit to a drug test is grounds for immediate termination. An employee reporting for work visibly impaired and that is unable to properly perform required duties, will not be allowed to work. The supervisor should first attempt to seek another supervisor's opinion of the employee's status. Then the supervisor should consult privately with employee with the observation, to rule out any problem(s) that may have been caused by prescription drugs. If, in the opinion of both supervisors, the employee is considered impaired, the employee should be drug tested by an authorized provider and then provided safe transportation home. An impaired employee must not be allowed to drive and if necessary can be transported home by a supervisor or another employee. 67 City PBA Page 429 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 It is the responsibility of the City's supervisors to counsel with an employee whenever they see changes in performance that suggest a potential employee problem. The supervisor may suggest that the employee voluntarily seek help from the employee assistance program or decide that the severity of the observed problem is such that a formal referral to the EAP should be made. B. Use of Prescription Medications/Drugs While on Duty 1. Prescription drugs prescribed by the employee's physician, who is licensed to practice medicine in the United States, may be taken during working hours in strict accordance with the provisions of the Policy. Employees should never use intoxicants or drugs that could cause impairment during work hours. An employee who is using a prescription medication while on the job shall do so in strict accordance with medical directions. 2. It is the employee's responsibility to notify the prescribing physician of his/her job requirements/functions to ensure that the physician approves the use of the prescription medication while the employee is performing his/herjob duties. It is recommended that the employee provide his/her physician with a copy of the FDLE standards for law enforcement officers so the physician is aware of the physical requirements of the position. 3. It is the employee's responsibility to immediately notify the Director of Human Resources and Risk Management or designee when (s)he is prescribed any medication that is considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03. Failure to disclose this information may result in disciplinary action up to and including termination of employment. The Director of Human Resources and Risk Management may require the employee to provide a note from his/her prescribing physician stating that the employee is able to perform the functions of a law enforcement officer while taking the medication as prescribed. 4. The employee shall notify the Director of Human Resources and Risk Management or designee if the use of his/her properly prescribed medications/drugs (other than those considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03) will affect the employee's work performance. 5. If the prescribing physician determines that the employee cannot perform his/her job duties without impairment while taking the prescribed medication, then the employee will be required to use his/her sick and/or FMLA leave, or unpaid leave if his/her leave pools are exhausted, until (s)he can return to work. If the 68 City PBA Page 430 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 employee reports to work, the City will presume that the employee is not impaired. 6. Abuse of prescription drugs will not be tolerated. A. Conditions of Pre -Employment The City will conduct a pre-employment screening examination designed to prevent hiring individuals who use drugs. 1. To determine the suitability of employees to work for the City the following pre-employment conditions are established: a) Job Applicants in mandatory -testing positions, safety -sensitive positions, and/or special -risk positions will be tested prior to employment for drug use and alcohol use. b) Any job applicant, as defined in the above -section, who refuses to submit to drug and alcohol testing as part of the pre-employment testing process will be refused employment. c) Any job applicant who tests positive for drugs or alcohol use will be refused employment. d) Confidentiality will be maintained pursuant to this policy. B. Employee Compliance It shall be a condition of continued employment for all employees to submit to drug and alcohol screening under the policy. If there is a conflict between this policy and the collective bargaining agreement, the collective bargaining agreement shall control. Refusal to submit to drug testing is grounds for immediate termination. Refusal to submit to drug testing is not a waiver of the employee's right to challenge both the order and the test outcome. C. Employee Assistance Program The City offers an Employee Assistance Program (EAP) which provides help to employees and their families who suffer from various difficulties including alcohol or drug abuse. In addition to the City's EAP Program, below is a list of local assistance programs and local drug and alcohol rehabilitation programs: a) Narcotics Anonymous Help Line: 561-848-6262 69 City PBA Page 431 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 b) Drug Abuse Foundation of Palm Beach County: 561-278-0000 c) Palm Beach AI-Anon/AI-a-Teen Information :561-882-0308 d) Alcoholics Anonymous (Palm Beach County) :561-655-5700 e) Comprehensive Alcoholism Rehabilitation Program :561-844-6400 It is the responsibility of each employee to seek assistance before drugs and alcohol lead to performance problems. 1. Use of the employee assistance program, on a voluntary basis, will not affect the determination of appropriate disciplinary action. 2. An employee's decision to seek assistance from the Employee Assistance Program on a voluntary basis prior to any incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding. On the other hand, using EAP will not be a defense to the imposition of disciplinary action where facts providing violation of this policy are obtained outside of the EAP. Accordingly, the purpose and practices of this policy and the EAP are not in conflict but are distinctly separate in their applications. 3. Through the EAP, the City will provide appropriate assessment, referral to treatment, and treatment of drug and alcohol abuse. 4. Upon successful completion of a drug and/or alcohol treatment program an employee may be released to resume work but will be subject to drug testing on a random, periodic basis, at least quarterly, and for up to two years thereafter as a condition of continued employment. These stipulations may be incorporated in a Last Chance Agreement. 5. An individual's participation in the program will not be made part of any personnel records and will remain confidential to the extent necessary to comply with this policy. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records and be retained in a separate file as provided by law. D. Management's Responsibility The City will maintain screening practices to identify employees who use illegal drugs or abuse alcohol. Department Heads are responsible for implementing this Drug Free Work Place policy. It is the responsibility of the supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well- being of employees and the community. 70 City PBA Page 432 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 1. Supervisors are responsible for maintaining a safe work environment by monitoring employees' behaviors and performance. 2. In the event a supervisor has a reasonable suspicion that an employee maybe under the influence of drugs or alcohol, the employee must be sent for reasonable suspicion drug testing. A form for documenting cause for a reasonable suspicion drug test is attached. 3. In all cases when an employee is to be removed from duty for drug testing, the Department Head and Human Resources & Risk Management should be immediately notified. E. Employee's Responsibility 1. It is each employee's responsibility to be fit for duty when reporting for work and to inform his/her supervisor if (s) he is under prescription or non- prescription medication which may affect job performance. 2. In the event an employee observes behavior in another employee, which raises a doubt as to that employee's ability to perform work in a safe, reliable and trustworthy manner, the employee should report this behavior to his/her supervisor. 3. Employees, who enter drug or alcohol treatment and/or rehabilitation program voluntarily at the request or insistence of the City or, as a condition of continued employment are required to fully participate in and complete the recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment of the treatment and/or program. If the employee fails to comply with the treatment and/or program, the employee will be subject to discipline, up to and including termination. F. Medical Review Officer's (MRO) Responsibilities 1. The MRO will review all information from the testing laboratory in the event of a positive, confirmed test. The MRO will review any information from the employee or job applicant regarding the use of medication or other relevant medical information set forth in the form submitted prior to drug testing. 2. The MRO may request that the testing laboratory provide quantification of test results. 71 City PBA Page 433 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 3. The MRO will provide confirmed test results to the Human Resources representative from the City. 1.5 PROCEDURE In orderto maintain a drug and alcohol -free work environment, the City will test for the presence of alcohol and drugs in the following circumstances: 1. Pre-employment: Job applicants who have been offered a position of employment and whose job requirements are that of a mandatory -testing, safety -sensitive, or special -risk position are required to take a drug and alcohol test. 2. Reasonable suspicion: Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test. 3. Post -incident: Employees are required to take a drug and alcohol test when the employee is involved in a job-related incident consistent with Section 1.3, 13.e.i. and whenever there is discernible property damage unrelated to a motor vehicle accident. 4. Random Testing: Employees are subject to random drug testing. On a monthly basis, a designated Police Officer uses www.random.org to generate a list of three (3) PBA members who will be randomly tested for that month. A Union Representative signs off on this list. In addition, members assigned to Vice are tested once every six (6) months. 5. Fitness for duty. All employees who are subject to routine annual medical examinations are required to take a drug and alcohol test as part of their medical examination. 6. Follow-up: All employees who have been referred to an employee assistance program or rehabilitation program by the City for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly basis for up to two (2) years after their return to work. These stipulations may be codified in a Last Chance Agreement. A. Consequences of Refusing a Drug Test 1. An employee who refuses to submit to a drug and alcohol test will be subject to immediate termination. An employee who refuses to submit to a drug test forfeits his/her eligibility for all workers' compensation medical and indemnity 72 City PBA Page 434 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 benefits. 2. A job applicant, as defined in section 1.3, #9, who refuses to submit to a drug and alcohol test will not be hired. B. Actions Following a Positive Confirmed Test The City may administer disciplinary action, up to and including termination, for any employee who has a positive, confirmed drug or alcohol test. C. Confidentiality Confidentiality of records concerning drug and alcohol testing will be maintained to the extent necessary to comply with this policy. All information, reports, memos and drug test reports, written or otherwise, received by the City through the drug testing program will be kept confidential as provided by law. The City's Employee Assistance Program, laboratories, drug and alcohol rehabilitation programs who receive or have access to information concerning drug test results shall keep all information confidential. No such information will be released unless there is a voluntary written consent, signed by an employee or job applicant, except where such release is compelled by a court pursuant to an appeal taken under this section, or where deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The City will maintain records concerning drug testing separate and apart from an employee's or job applicant's file. D. Reporting of Use of Medication Employees and job applicants may confidentially report the use of prescription or non- prescription medication both before and after having a drug test. E. Notice of Common Medications A list of most common medications, by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test, is listed below in section H. Employees and job applicants should review this list prior to submitting to a drug test. F. Medication Information An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and non-prescription information. 73 City PBA Page 435 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 G. Employee Assistance Program Refer to the Employee Assistance Program Policy for the name, address and telephone number of the City's current provider or contact the Human Resources and Risk Management Department. H. Drugs to be Tested In accordance with F.S. 893.03 as amended from time to time, the following is an illustrative and non -exhaustive list of drugs that will be tested: 1. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors, resulting in a 0.04 or higher. confirmed by a Blood Alcohol Test. 2. Amphetamines 3. Cannabinoids 4. Cocaine 5. Phencyclidine (PCP) 6. Hallucinogens A positive Breath Alcohol Test will be 7. Opiates 8. Methaqualone 9. Barbiturates 10. Benzodiazepines 11. Synthetic Narcotics 12. Designer Drugs 13. A metabolite on any substance listed herein 14. Anabolic/Androgenic Steroids. A list of drugs by brand names or common names includes: Opium Dover's Powder, Paregoric, Parepectolin Morphine Morphine, Pectoral Syrup Codeine Tylenol with Codeine, Empirin with Codeine, Robitussan A -C, Hydrocodone, Coke Crack Heroin Diacetylmorphine, horse, smack Hydromorphone Dilaudid Meperidine Demerol, Mepergan Methadone Dolophine, Methadone, Methadose Other Narcotics Laam, Leritine, Numorphan, Percodan, Tussiones, Fentanyl, Darvon, Talwin, Lomotil, Lorcet, Vicodin, Percocet Chloral Hydrate Noctec, Sommos Barbiturates Phenobarbital, Tuinal, Amvtal, Nembutal, Seconal, Lotusate 74 City PBA Page 436 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Benzodiazepines Atavan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril Methaqualone Quaalude Methamphetamine Methyl Ice Glutethimide Doriden Other Depressants Equanil, Miltown, Noludar, Placidyl, Valmid NEW DRUGS - New drugs will be added to the list of controlled substances based on amendments to the Florida Statutes and/or any federal law, rule, regulation or procedure after a review with the Labor -Management Committee. PRESCRIPTION DRUGS Many prescription drugs can alter or affect drug tests. Due to the large number of obscure brand names and the constant marketing of new products, this list is illustrative and not exhaustive. Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol content. Amphetamines: Pbetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Lonamine, Fastin. Cannabinoids: Marinol (Dronabinol, THC). Cocaine: Cocaine, HCI topical solution (Roxanne) Phencyclidine: Not legal by prescription Methaqualone: Not legal by prescription Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine, Emperine with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Diluadid (Hydromorphone), MS Contin and Roxano (morphine sulfate), Percodan, Vicodin, Tussiorganidine, etc. Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl, Fioricet, Esgic, Butisol, Mebarel, Butabarbital, Butalbital, Phrenilin, Triad, etc. Benzodiazepine: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tanzene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax, etc. Methadone: Dolophone, Metadose, etc. Propoxyphene: Darvocet, Darvon N, Dolene, etc. ANABOLIC/ANDROGENIC STEROID TESTING Federal Law placed anabolic steroids in Schedule III of the Controlled Substances Act (CSA) as of February 27, 1991. An employee or job applicant who is contacted by the MRO may confidentially report the use of prescription medication(s) because the presence of these medications in the body may have affected the outcome of the test. 75 City PBA Page 437 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 I. Challenge of Test Results 1. An employee or a job applicant who receives a positive confirmed test result may, within five (5) working days, submit information to the Director of Human Resources & Risk Management explaining or contesting the test result and explaining why the test result does not constitute a violation of the City's policy. 2. If the explanation or challenge of the employee or job applicant is unsatisfactory to the City, the City will provide a written explanation as to why the employee or job applicant's explanation is unsatisfactory, and a copy of the report of positive confirmed test results will be provided to the employee or job applicant. 3. An employee may further challenge the results of the test in a court of competent jurisdiction or, if the drug was administered due to a workplace injury, by filing a claim for benefits with a judge of compensation claims, pursuant to Chapter 440, Florida Statutes. 4. If an employee or job applicant contests the drug test results he/she must promptly notify the Medical Review Officer (MRO). 76 City PBA Page 438 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ADDENDUM "B" MUTUAL CONSENT AGREEMENT Use of Insurance Premium Tax Revenue This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH, a Florida municipal corporation, whose mailing address is P.O. Box 310, Boynton Beach, FL 33425 (the "City") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") POLICE OFFICERS AND DETECTIVES AND POLICE SERGEANTS. WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of Florida), hereinafter "Legislation" regarding the use of insurance premium tax revenue ("IPTR"); and WHEREAS, the City has a retirement pension plan and fund for police officers known as the Boynton Beach Police Officers' Pension Fund ("Fund") that exceeds the minimum benefits and minimum standards established by the State of Florida for public employee police pension plans as set forth in chapter 185, Florida Statutes; and WHEREAS, the Legislation provides that use of IPTR, including any accumulations of additional premium tax revenues, which have not been allocated to fund benefits in excess of the minimum benefits, may deviate from the provisions of the Legislation by mutual consent of the members' collective bargaining representative (PBA). NOW THEREFORE, the City and PBA Unions agree as follows: 1. The foregoing Whereas clauses are correct. 2. The total of ninety thousand dollars ($150,000) of IPTR, whether base premium tax revenue or additional premium tax revenue, received by the City will be used to reduce the City's unfunded liability to the Boynton Beach Police Officers' Pension Fund. These funds will be provided to the City in increments of thirty thousand dollars ($50,000) in November 2022, November 2023, and November 2024. 3. This Consent Agreement takes effect when signed by PBA and City. Signature Page Follows 77 City PBA Page 439 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 SIGNATURE PAGE for MUTUAL CONSENT AGREEMENT (Use of Insurance Premium Tax Revenue) CITY OF BOYNTON BEACH James Stables, Interim City Manager BOYNTON BEACH POLICE OFFICERS AND DETECTIVES AND POLICE SERGEANTS Palm Beach County PBA Representative ATTEST: Maylee De Jesus, City Clerk APPROVED AS TO LEGAL FORM: City Attorney 78 City PBA Page 440 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ADDENDUM "C" TUITION ASSISTANCE PROGRAM 1.1 PURPOSE To provide financial assistance, when such funding is appropriated and approved in the City's Human Resources Department's annual budget, to eligible full-time regular employees, who are enrolled in an undergraduate or graduate degree program at an accredited college or university and when the attainment of such degree is determined by the City to be directly beneficial to the employee's current job or for an advanced job in the City within their career path. This program is at the sole discretion of the City and may be suspended or cancelled at any time. 1.2 SCOPE (Modified for PBA Officers and Detectives) Employees who are eligible to participate in this program are full time, non -probationary, employees covered under a PBA Collective Bargaining Agreement. Employees must be "in good standing" with the City at the time of application through the time of reimbursement in order to receive reimbursement through this program. 1.3 DEFINITIONS a. Accredited college or university: A college or university that has attained accreditation as documented by inclusion in the U.S. Department of Education's Office of Post -secondary Education (OPE) Database of Accredited Postsecondary Institutions and Programs (https://ope.ed.Eov/accreditation/Search.aspx). The Director of Human Resources and Risk Management reserves the right to consider and approve or deny any college or university that is not listed in this database. b. Full-time: An employee who is in a job classification designated as full-time and who is scheduled to work a minimum of thirty-six (36) hours per work week. c. "In good standing": An eligible employee who: 1. Is actively employed on the date of program enrollment and through the date of reimbursement; 2. Has not been in an unpaid leave status of more than sixteen (16) hours for any calendar week from the date of program enrollment through the date of reimbursement; and 3. For one (1) year prior to the date of program enrollment and through the date of reimbursement, has not received sustained discipline of an unpaid suspension for more than twenty-four (24) hours or three (3) days and has not been demoted for disciplinary reasons. 79 City PBA Page 441 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 d. Non -probationary: An employee who has successfully completed his/her initial one (1) year probationary period. Employees who are on a probationary period solely due to a promotion or reclassification and who have already been employed with the City in a full- time position for more than one (1) year are considered "non -probationary" for purposes of this policy. 1.4 POLICY A. This Policy supersedes and replaces Administrative Policy 04.01.03. The Tuition Assistance Program is coordinated by the City's Human Resources and Risk Management Department. In order to be considered for participation in this program, eligible employees must enroll, adhere to all applicable procedures, and sign a participation agreement to acknowledge program requirements and obligations. Each fiscal year that this program is funded, the Director of Human Resources and Risk Management will establish the current eligible reimbursement expenses and amounts and will set the fiscal year per person maximum reimbursable amounts. This information, titled Addendum: Tuition Assistance Program Current Reimbursement Year Expenses and Amounts, will be updated and maintained as part of this policy. Applications will be considered in the order in which they are received. Available funds will be reimbursed until the end of each funded fiscal year or until funds are exhausted, whichever comes first. The interpretation and administration of this policy shall be the responsibility of the Director of Human Resources and Risk Management. Participation in the Tuition Assistance Program is voluntary, and no aspect of this policy or program is subject to any grievance or appeal process. B. The budgeted Tuition Assistance Program funding will be split into two separate pools so reimbursement opportunities can be fairly appropriated based on typical academic calendars. If funding remains available after processing all eligible and approved Period Two Reimbursements, applications for Period One Reimbursements that were eligible but not reimbursed will be reconsidered. • Reimbursement Period One: For course dates between August and December o Deadline for submitting Reimbursement Applications: January 31" o Final reimbursement issued in February • Reimbursement Period Two: For course dates between January and July o Deadline for submitting Reimbursement Applications: August 3111 o Final reimbursement issued in September C. The following courses are ineligible for reimbursement under all circumstances, even if they are a requirement for obtaining a degree: 80 City PBA Page 442 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 1. Course that is covered by any non-refundable financial aid, scholarship, or other governmental assistance; 2. Seminar; 3. Internship; 4. Course that earns only Continuing Education Credits (CEUs); 5. Exam preparation course or entrance exam; 6. Course taken as "audit only"; 7. Course graded only as "Pass/Fail"; 8. Course issuing credit only as "Life Experience" and/or "Portfolio"; 9. Course fulfilling only a physical education or sexual education requirement; 10. Course taken that is not part of an employee's approved undergraduate or graduate degree program; and 11. Course taken by an employee who is not enrolled in an undergraduate or graduate degree program. D. The letter grades an employee earns upon completion of an approved course determines the percentage of reimbursement that will be applied to eligible expenses. • A= 100 • B = 75% • C = 50% • D = 0% (ineligible for reimbursement under this policy) • F = 0% (ineligible for reimbursement under this policy) An employee who receives an "Incomplete" or who withdraws from a course is not eligible for reimbursement under this policy. E. Any tuition assistance provided to an employee pursuant to this policy up to a maximum of amount of $5,250.00 in any calendar year is excluded from tax; any amount received in excess of $5,250.00 in any calendar year will be treated as taxable income, as required by the Internal Revenue Service (IRS). F. An employee who separates employment for any reason other than a City -initiated layoff or termination within twenty-four (24) months of receiving any amount of financial assistance pursuant to this policy, authorizes the City to deduct the amount(s) of such reimbursement(s) from any amount of payout to which (s)he would have otherwise been entitled. An employee who is not eligible for payout or who does not have sufficient payout value from which to deduct the reimbursed amount(s) is obligated and required to repay the City. G. Deadlines are not negotiable and will not be extended. It is solely an employee's responsibility to timely submit enrollments, agreements, reimbursement applications, and other required documentation for participation in this program. No employee should 81 City PBA Page 443 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 expect or rely upon the City, Human Resources, or any other person to "remind" him/her of this program's requirements and/or deadlines. 1.5 PROCEDURES a. This program is at the sole discretion of the City and may be suspended or cancelled at any time. b. A Tuition Assistance Program Participation Enrollment Form and Tuition Assistance Program Agreement are required to be submitted by any eligible employee who is interested in seeking reimbursement pursuant to this policy. The purpose of the Participation Enrollment Form is for Human Resources and Risk Management to evaluate whether or not an employee meets participation requirements of the program. The purpose of the Agreement is to confirm that an employee understands the program and his/her obligations pursuant to enrollment and reimbursement. The Participation Enrollment Form and the Program Agreement are required to be submitted each funded fiscal year in which the employee is interested in participating. No reimbursement will be considered without a current approved participation enrollment form and signed program agreement. 1. Human Resources will log completed Participation Enrollment Forms and Program Agreements in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Enrollments" tab. 2. Human Resources will review the Participation Enrollment Forms and will confirm, and log eligibility on the "Enrollments" tab. 3. Human Resources will notify employees in writing of their participation approval or denial. If an employee is denied, the reason for the denial will be included. c. A separate Tuition Assistance Program Reimbursement Application is required to be submitted for each course for which an employee is requesting reimbursement. These Reimbursement Applications are accepted on a rolling basis per Reimbursement Period, and all required documentation is required to be submitted with each Reimbursement Application. The submission of a Reimbursement Application does not guarantee reimbursement. d. Completed Reimbursement Applications with required documentation must be submitted via electronic mail to: hr(cbbfl.us with the subject line: Tuition Assistance Program. 1. Human Resources will assign each Reimbursement Application a tracking number based upon date and time of receipt: TAP-YYYY-MM-DD-###, wherein TAP means 82 City PBA Page 444 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Tuition Assistance Program, YYYY means calendar year, MM means calendar month, DD means calendar day, and ### indicates the number of the request received on the specified date. For example, the first request received on October 1, 2017 would be assigned the tracking number: TAP -2017-10-01-001. 2. Human Resources will review Reimbursement Applications in the order in which they are received. Incomplete Reimbursement Applications or Reimbursement Applications submitted without required documentation will be returned via electronic mail to the employee, who will need to resubmit a completed Reimbursement Application with supporting documentation in order to be considered for reimbursement. A new tracking number will then be assigned based on the date of receipt of the completed Reimbursement Application with required documentation. 3. Human Resources will separately log each course Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Applications" tab. i. Human Resources will reconfirm an employee's eligibility. The course Final Grade, Credit Hours, and Book(s) Cost will be logged on the "Applications" to b. ii. Human Resources will log the eligible reimbursement amounts for credit hours and textbook(s) and will calculate a total eligible reimbursement amount. e. Reimbursement Processing will begin for the Reimbursement Period One following the January 31st deadline for submitting Reimbursement Applications. Human Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirm an employee's eligibility. ii. Human Resources will log each eligible Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Reimbursements" tab up to the Maximum Per Person Allowable Reimbursement Amount (see Addendum for these Amounts). This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period One has been depleted. iii. Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals and processing by Finance. 83 City PBA Page 445 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 iv. Finance will process all approved Period One Reimbursements in February. v. If funds are remaining in the allocated Program Budget Balance following Period One Reimbursements, Human Resources will add this remaining balance to the beginning Program Budget Balance for Period Two Reimbursements. f. Reimbursement Processing will begin for the Reimbursement Period Two following the August 311t deadline for submitting Reimbursement Applications. Human Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirm an employee's eligibility. ii. Human Resources will log each eligible Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Reimbursements" tab up to the Maximum Per Person Allowable Reimbursement Amount (see Addendum for these Amounts). This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period Two has been depleted. iii. If funding remains available after processing all eligible and approved Period Two Reimbursements, Human Resources will reconsider Period One Reimbursement Applications that were eligible but not reimbursed due to that period's allocated budget limitations. iv. Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals and processing by Finance. v. Finance will process all approved Period Two Reimbursements in September. 84 City PBA Page 446 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 FOR FISCAL YEAR REIMBURSMENT: October 1, 2022 — September 30, 2025 Applications will be considered on a rolling basis for enrollment in courses in which classes began on or after August 1st of each year. In orderto be eligible for reimbursement all documentation required to process a reimbursement must be received on or by the thirtieth (30t") day following the last date of the term/session for the course(s) for which reimbursement is being requested. In no case will reimbursements be processed outside of the fiscal year. ELIGIBLE REIMBURSABLE EXPENSES AND AMOUNTS: Copies of original receipts are required for reimbursement. Failure to provide proper documentation will result in ineligibility for reimbursement. Tuition and Fees: (maximum per credit hour reimbursement based on course grade) Final Course Grade: A B C Associate Degree Course: $114.04 $ 85.53 $ 57.02 Bachelor Degree Course: $179.90 $134.93 $ 89.95 Graduate Degree Course: $336.77 $252.58 $168.39 Required Course Textbook(s): (maximum reimbursement per course based on course grade) Final Course Grade: A B C Per Course: $150.00 $112.50 $ 75.00 MAXIMUM PER PERSON ALLOWABLE REIMBURSEMENT PER FUNDED FISCAL YEAR No employee will be reimbursed for more than twelve (12) credit hours per funded fiscal year and are subject to the following fiscal year per person maximum credit hour reimbursement amount based on degree: • Associate Degree: $1,368.48 • Bachelor Degree: $2,158.80 • Graduate Degree: $4,041.24 No employee will receive more than $600.00 for textbook reimbursement per funded fiscal year. 85 City PBA Page 447 of 1276 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 SIGNATURE PAGE Agreed to this day of 2022, by and between the respective Parties through the authorized representatives of the PBA and the City. Witness Witness Witness Witness APPROVED AS TO FORM AND CORRECTNESS: City Attorney Ratified by City Commission Date 86 City PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION By: John Kazanjian, President By: Katie Mendoza, Legal Counsel By: Ty Penserga, Mayor ATTEST: Maylee De Jesus, City Clerk James Stables, Interim City Manager Ratified by Union Date PBA Page 448 of 1276 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE SERGEANTS OCTOBER 1, 2022 - SEPTEMBER 30, 2025 Page 449 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 1 PREAMBLE This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the "City" and the Palm Beach County Police Benevolent Association, Inc., located in West Palm Beach, Florida, hereinafter referred to as the "PBA," Association or Union, for the purpose of setting forth the Parties' Agreements regarding rights, wages, hours, terms and conditions of employment, and benefits. 2 City PBA Page 450 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 2 RECOGNITION AND NOTICE The City recognizes the Palm Beach County Police Benevolent Association ("PBA") as the exclusive representative for the purpose of collective bargaining with respect to wages, hours and terms and conditions of employment for the bargaining unit consisting of all full time sworn police officers within the following job classification: Police Sergeant or as modified by PERC. The term "member" or "employee" will mean any member in the bargaining unit. The PBA recognizes the City Manager, the City's chief executive officer, or his/her designees as the exclusive City representative(s) for the purpose of collective bargaining with respect to the wages, hours and terms and conditions of employment of PBA bargaining unit employees. All notices concerning the wages, benefits, and conditions of employment of bargaining employees to the PBA will be addressed to the attention of PBA President with a copy to the PBA General Counsel and mailed or delivered to 2100 N. Florida Mango Road, West Palm Beach, FL 33409. If changes occur, the PBA will advise the City in writing of the names and addresses of other PBA representatives, if any, who are authorized to accept notices from the City. Notice by the City to anyone other than those persons designated by the PBA does not satisfy legal notice and is not binding on the PBA. All notices to the City will be addressed to the City Manager with a copy to the City's Human Resources Director and mailed to P.O. Box 310, Boynton Beach, FL 33425. If changes occur, the City will advise the PBA in writing of the names and addresses of other City representatives, if any, who are authorized to accept notices from the PBA. Notice by the PBA to anyone other than those persons designated by the City Manager does not satisfy legal notice and is not binding on the City. 3 City PBA Page 451 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 3 NON-DISCRIMINATION The City will not interfere with the rights of officers to become members of the PBA, and there shall be no discrimination, interference, restraint or coercion by the City, or any City representative, against any officer because of membership or because of any activity in any official capacity on behalf of the PBA. The PBA shall not discriminate against any bargaining unit member who fails to join the PBA, as provided by law. The sole remedy for charges in this paragraph is the filing of an Unfair Labor Practice (ULP). The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA shall work jointly to eradicate discriminatory conduct in the workplace. To that end, the City and the PBA agree that both Parties have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination. Discriminatory conduct means any communication, verbal or non-verbal, which is unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, gender, gender identity or expression, national origin, physical or mental disability, sexual orientation, age, marital status, or any other unlawful factor. Alleged violations of this section shall not be subject to the grievance and/or arbitration procedure established herein; rather, they may be filed with and remedied by the appropriate local, state, and/or federal agency. Sustained allegations of violations of this paragraph resulting from an internal investigation remain subject to the grievance and/or arbitration procedures established herein. Bargaining unit members have an affirmative duty to report any discriminatory conduct to the City's Director of Human Resources and Risk Management and Internal Affairs. Complaints of Alleged Violations of EEOC Laws Any investigation into a complaint of a Law Enforcement Officer's alleged violation of any provision of a law/regulation under the purview of the Equal Employment Opportunity Commission (EEOC) requires involvement and oversight by the City's designated EEO Officer: the Director of Human Resources and Risk Management. As such, the Director of Human Resources and Risk Management shall be immediately notified by the Police Chief (or Acting Police Chief) of any such complaint/allegation made against a Law Enforcement Officer and of the opening of an Internal Affairs case/investigation related to such complaint/allegation. The Director of Human Resources and Risk Management is subject to all confidentiality requirements applicable to Internal Affairs investigations and the penalties for violating any such provision. The Director of Human Resources and Risk Management shall have immediate access to and shall promptly review the complaint/allegation and any information provided in connection with the complaint/allegation. Internal Affairs investigator(s) shall then confer and consult with the 4 City PBA Page 452 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Director of Human Resources and Risk Management on all aspects of the investigation. The Director of Human Resources and Risk Management may be present at any investigatory interview/interrogation but may not directly question a member during that interview unless requested by the member. Any complaint of a Law Enforcement Officer's alleged violation of any provision of a law/regulation under the purview of the EEOC that is made directly to, or filed directly with, a member of the City's Human Resources and Risk Management Department shall be immediately referred to the Police Chief (or Acting Police Chief). The City shall follow all provisions of law set forth in Florida Statutes, Sections 112.532, 112.533, and 112.534, commonly known as the "Police Officers Bill of Rights," throughout the investigation. 5 City PBA Page 453 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 4 DUES DEDUCTION The City will deduct Union dues from the pay of any bargaining unit member who voluntarily requests such deductions upon receipt of a notice from the PBA and approval by the City. The total amount of deductions shall be remitted each month by the City to the Treasurer of the PBA. This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30) days after notification of the revocation of the authorization to deduct by the employee. City PBA Page 454 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 5 UNION BUSINESS Section 1. Elected PBA representatives who are on duty may be granted paid leave to engage in representation activities on behalf of the PBA or any member as follows: A. Engaging in collective bargaining with the representatives of the City. B. Processing of grievances. C. Accompanying a fellow bargaining unit member when: 1. The member is required to appear at a hearing related to a grievance. 2. The member is presenting or responding to a grievance. 3. The member is subject to questioning and believes (s)he may be disciplined. The City may negate the member's concern regarding discipline by written confirmation to the officer that (s)he will not be disciplined based on answers provided in the questioning. 4. The member is attending a pre -determination hearing. The City may deny a request for time off if it interferes with productivity or staffing needs. However, the exercise of such right on the City's part shall not allow the City to proceed in a manner which deprives the employee of his or her right of representation. A PBA representative employed by the City may be permitted to take unpaid leave to attend functions of the PBA. If the leave results in the City incurring overtime directly related to the absence, the City will not approve the request. Section 2. No employee may engage in PBA business or use City equipment or property while on duty except as referenced in Section 1. 7 City PBA Page 455 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 6 BULLETIN BOARD The City will provide bulletin board space; one in the Line Up Room and one in the Investigative Services Section for the exclusive use of the PBA, for posting bulletins, notices and other union material. The Union will supply locking style bulletin boards. A notice or item placed on the bulletin board shall bear, on its face, the legible designation of the PBA responsible for placing of this notice or item on the bulletin board. The Union will hold harmless and indemnify the City for all claims or actions arising from materials placed on the bulletin board. 8 City PBA Page 456 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 7S ASSIGNMENT PAY Section 1. Sergeants acting in the capacity of Acting Captain shall be paid seven percent (7%) above the sergeant's regular rate of pay. Section 2. The provisions of this Article shall not apply to persons performing other than regular road patrol duties, including details. 7 City PBA Page 457 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 8S VACANCIES AND PROBATION Section 1. Vacant positions shall be filled by the City through recruitment and selection of employees on the basis of their qualifications and relative knowledge, abilities, and skills. The decision to fill a vacant position is reserved to the discretion of the City Manager. Section 2. Veterans' Preference: The City complies with all Veterans' Preference requirements pursuant to Chapter 2021-57, Laws of Florida and F.S.S. 295.07. Section 3. All newly promoted Police Sergeants have a probationary period of one (1) year from the date of promotion. Section 4. All Sergeants shall serve a one (1) year probation from the date of the appointment. During a Sergeant's probationary period, a Sergeant is subject to removal from appointment without statement of cause. Section 5. A promoted Sergeant removed from his/her position during probation shall be reassigned to the position from which (s)he was promoted. 10 City PBA Page 458 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 9 MANAGEMENT RIGHTS It is the right of the City to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the Cityto direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. However, the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of any collective bargaining agreement in force. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement or limited by law shall remain with the City. 11 City PBA Page 459 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 10S HOURS OF WORK AND OVERTIME Section 1. The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 28 day work cycle. The work cycle per bargaining members assigned to 8 and 10 hour shifts is a 7 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 11.5 hour shift will be paid overtime for all hours worked in excess of 161 hours in a 28 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 8 or 10 hour shifts will be paid overtime for all hours worked in excess of 40 hours in a 7 day work cycle. For purposes of calculating overtime, only hours actually worked, or hours worked for Department authorized training shall be counted as hours worked. Overtime pay, when so granted, will normally be contained in the member's next regular pay check following the time worked. Employees who are in an on -duty status seven (7) minutes either prior to or after their shift will not be eligible for overtime pay. Employees who are in an on -duty status more than seven (7) minutes either prior to or after their shift must be so only with the Supervisor's approval in order to be eligible for overtime pay. The City may round start and end time of work and round to the quarter hour consistent with 29 C.F.R. § 785.48. Example: 6:53-7:07=7:00 7:08-7:22=7:15 7:23-7:37=7:30 7:38-7:52=7:45 Section 2. Pursuant to Article 9, it is a Management Right to establish and change the starting and ending times. Individual work schedules maybe flexed (hour for hour) by personnel assigned to specialty units, upon request by the employee and mutual agreement between employee and supervisor. Flexing of time must occur only within a single work week. Uniform Services (group) shift schedules shall not be changed without the City providing thirty (30) calendar days of advanced notice to the Union of the change. Section 3. Reserved 12 City PBA Page 460 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Section 4. No member of the Bargaining Unit shall be required or allowed to work more than eighteen (18) continuous hours except during a declared emergency or during an ongoing immediate investigation or when overtime is required to complete an on -duty assignment, i.e. late arrest. Members of the Bargaining Unit acknowledge that they have an obligation to come to work physically and mentally prepared to efficiently and effectively carry out their responsibilities. For the purpose of this section, work means regular assigned duties and detail assignments. The continuous eighteen (18) hours does not include time spent in court, depositions, filings, and similar judicial responsibilities. Members who work eighteen (18) hours continuously within the past twenty-four (24) hours must remain off duty for a minimum of six (6) hours. Section 5. An employee may engage in outside employment, (including off-duty detail or self-employment) with the approval of the City Manager and with the understanding that the employee's primary duty, obligation and responsibility is to the City. Outside employment shall not be permitted when the City Manager determines that such outside employment would result in a conflict of interest, interfere with the employee's City work schedule, or otherwise be a conflict with the employee's employment with the City. To request approval, an employee should: (a) File an "Outside Employment Request Form & Affidavit" with the Human Resources Department. The employee must notify the Human Resources Department of changes in conditions of any outside employment. (b) Make arrangements with the outside employer to be relieved from duty if called for work by the City. (c) An employee must report all injuries sustained during any outside employment to the employee's supervisor and Risk Management prior to the employee's next scheduled work day at the City. An employee's failure to report an injury sustained during outside employment shall be grounds for corrective action. 13 City PBA Page 461 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 11S WAGES Effective October 1, 2022 the following Step Pay Plan is in effect: • Year One: On October 1, 2022, each bargaining unit member will be placed in the step that corresponds with his/her current years of service with the City in the rank of Sergeant. On the anniversary date of the member's promotion to the rank of Sergeant, (s)he will advance to the next step. There is no payment or advancement beyond Step 5. Salary $ 102,870.00 $ 106,470.00 $ 110,197.00 $ 114,054.00 $ 118,046.00 $ 122,177.00 • Year Two: On October 1, 2023, each bargaining unit member will be placed in the step that corresponds with his/her current years of service with the City in the rank of Sergeant. On the anniversary date of the member's promotion to the rank of Sergeant, (s)he will advance to the next step in the pay plan. There is no payment or advancement beyond Step 5. Salary $ 106,984.80 $ 110,729.00 $ 114,605.00 $ 118,616.00 $ 122,767.80 $ 127,064.00 • Year Three: On October 1, 2024, each bargaining unit member will be placed in the step that corresponds with his/her current years of service with the City in the rank of Sergeant. On the anniversary date of the member's promotion to the rank of Sergeant, (s)he will advance to the next step in the pay plan. There is no payment or advancement beyond Step 5. 14 City PBA Page 462 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Salary 110,194.30 114,050.87 118,043.15 122,174.48 126,450.83 130,875.92 15 City PBA Page 463 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 12S SENIORITY Section 1. Seniority shall be computed from the date of promotion to Sergeant. If two (2) Sergeants have the same date of promotion, the date of initial appointment to the service of the City as a Police Officer shall be the determining factor. Section 2. Seniority shall accumulate during all authorized leaves. Section 3. Seniority shall be the determining factor for the selection of vacations and overtime assignments. Section 4. The City shall have the right to determine the number of Sergeants assigned to each division and each shift. Section 5. For layoffs and other non -disciplinary reductions in personnel, Police Sergeants will displace lower ranking officers in the event that the department is required to layoff personnel. For example: if a Police Sergeant's position is to be abolished, the incumbent with the least seniority in the position of Sergeant would displace a Police Officer, who would displace any probationary or provisional or temporary, or be separated as the case may require. 16 City PBA Page 464 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 13S ADDITIONAL MONETARY BENEFITS Section 1. Compensatory Time (a) Bargaining unit members may be eligible for compensatory time accrual at the discretion of the Police Chief (or Designee) for participating in required educational and/or required training activities, special projects, and/or events. In addition, members are eligible to convert any overtime hours to compensatory time, subject to the following: i. All compensatory time will be earned/accrued at the rate of one and a half (1.5) times for each one (1) hour worked [in quarter (0.25) increments] and with a maximum accrual cap of two hundred forty (240) hours. ii. When a member's compensatory time accrual balance reaches two hundred forty (240) hours, the member is no longer eligible to accrue compensatory time until the accrual balance falls below one hundred ninety-five (195) hours. The member is also required to schedule and use a minimum of forty-six (46) compensatory time hours within the next one hundred eighty (180) days. iii. In the event the member fails to schedule and take a minimum of forty-six (46) compensatory hours during the one hundred eighty (180) day period, dates will be scheduled by a Command Staff member and required to be taken as scheduled. iv. Reasonable compensatory time requests of one (1) day that are denied for operational reasons will be considered for payout up to three (3) times during each fiscal year. V. Members are prohibited from using compensatory time for the same hours that the member also is also actively performing work for the City (exclusive of off-duty details). (b) A bargaining unit member who is promoted to a position outside of the Police Sergeants bargaining unit, or who separates from employment will be paid the balance of all unused compensatory time at his/her last hourly base rate of pay in the Police Sergeants' rank. Section 2. Call Back The Department shall develop a call-back policy, based on seniority, which provides for the following: A. Shift vacancies or vacancies created by special events or other exigent situations will be filled by sergeants from the off -going shift or those currently on duty. This 17 City PBA Page 465 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 establishes that shift supervisors whose end time is 0500 are eligible for the day shift vacancy starting at 0430. The thirty (30) minute overlap does not preclude off -going shift supervisors from eligibility, as long as the overlap is while the eligible supervisor is working and not after the supervisor has completed his shift and has gone out of service prior to the shift vacancy. B. In the event that vacancies cannot be filled by on duty, off going sergeants, those sergeants who are not on duty will be offered the vacancy through a "seniority wheel" process. Sergeants will be called in order of seniority until the vacancies are filled. On the next occasion where a vacancy is to be filled by other than on duty, off going sergeants, the starting point on the seniority wheel will be the name of the sergeant immediately after the sergeant who elected to fill the last vacancy using the "wheel" process. C. No employee shall work more than sixteen (16) hours in any twenty-four (24) hour period absent a designated emergency. D. Call back is defined as any time an employee is called into work when he/she is off duty, or when the work time is not contiguous with his/her assigned shift. In the event of call back, the employee shall be compensated for the actual time worked, but not less than three (3) hours at the rate of pay one and one-half (1.5) times his or her regular rate of pay. When an employee is called for call back, (s)he will be guaranteed a minimum of three (3) hours at a time and one-half, and at his/her supervisor's discretion, the employee may be required to work the entire three hours of longer. E. Sergeants who elect to fill a vacancy on the upcoming shift and who were not on duty immediately preceding the vacancy to be worked, will be paid time and one-half their regular rate of pay for each hour actually worked with a minimum payment of three hours at the overtime rate. Section 3. Stand-By/On Call Pay A. Employees directed to be on operational stand-by status or on call must be able to respond to a specified location on duty within one (1) hour and shall be compensated for one hour at time and one half (1.5) the employee's regular rate of pay for each day (24-hour period) on call. B. In the event a bargaining unit member on call responds for duty, the bargaining unit member shall receive, additionally, Call Back pay as provided in this Article. C. Any member, regardless of their assignment, placed in an "On -Call" status, must have the approval of the Chief of Police (or Designee). Section 4. Court Time A. Court time will be paid at time and one-half when the officer is not on his regular assignment. An officer on court time will be compensated a minimum of three (3) hours at time and one-half. B. An employee who has been instructed to remain on standby for court appearance 18 City PBA Page 466 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 purposes during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When an employee is required to stand by for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight time. If an officer does go to court he will be paid for the court time indicated in Section A and not receive standby time pay. C. Bargaining unit members may report directly to court without prior check in at the police station. Members are still required to document their attendance at the court house and submit documentation to the Department. D. If a court appearance is contiguous with the end of the Sergeant's shift, court time shall be compensated as any other overtime assignment. E. Court time will be paid at time and one-half when the Sergeant is not on his regular assignment. A Sergeant on court time will be compensated a minimum of one (1) hour at time and one-half (1.5) and at this same one and one-half (1.5) rate for all remaining hours. Section 5. Administrative Sergeant Pay One Sergeant per Uniform Services platoon per day will serve in the capacity of Administrative Sergeant and shall be entitled to receive thirty (30) minutes of overtime pay for performance of tasks generic to the position such as organization, shift preparation, and review of subordinates' work, provided they arrived to work thirty (30) minutes prior to the scheduled shift. Section 6. Reserved Section 7. Reserved Section 8. Continued Service Incentive Following October 1, 2022, on the anniversary date of the member's sworn service date, in recognition of the continued service and of the value that experienced employees provide to the Police Department, the City will provide a Continued Service Incentive at the following milestones, as an annual incentive payment on the member's said anniversary date': Years Amount 11-15 $ 750.00 16-20 $1,500.00 21+ $3,000.00 ' The continued service incentive and language proficiency incentive will be included in the definition of pensionable earnings (total cash remuneration), as permissible. 19 City PBA Page 467 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Section 9. Language Proficiency Incentive Members who are proficient/fluent in speaking, reading, writing, and understanding oral communications in the languages of Creole or Spanish and who have successfully passed a language proficiency test through a vendor approved by the City and the Union are eligible to receive a Language Proficiency Incentive' of fifty cents ($0.50) per hour. [Note: The City and Union will collectively determine the standard proficiency level required for incentive eligibility once a vendor(s) has been selected. The final incentive details will be completed and available for implementation no later than November 15, 2022.1 20 City PBA Page 468 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 14 UNIFORMS Section 1. The City will provide up to three (3) full uniform sets per year and two (2) pairs of shoes per fiscal year. Purchase of shoes shall be limited to $150.00 per pair. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Police Chief (or Designee), and if adequate funds are available in the City Budget. Members of the bargaining unit assigned to plain clothes duty will receive, in lieu of uniforms, for clothing used at work, up to a total of $1,600.00 a fiscal year, limited to $400.00 installments at the end of each quarter. Section 2. Reimbursement, replacement or repair of personal clothing and equipment will be according to current department policies and procedures. The replacement will require the approval of the Chief of Police. The Detective or Uniformed Officer claiming a replacement will be required to include, with his/her claim, an explanation of the circumstances of the damage and appropriate reports concerning the incident where damage to his uniform took place. This allowance shall commence from the date of assignment on a pro -rated basis. Uniformed Officers assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accord with the above for the three (3) months and pro -rated thereafter. Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall notify those employees that are eligible, to take their uniforms only to the approved dry-cleaning establishment in Boynton Beach selected by the City. Members assigned to plain clothes will be given a cash cleaning supplement equivalent to the cleaning benefit provided to uniform officers. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro -rated basis. 21 City PBA Page 469 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 15 ANNUAL OCCUPATIONAL FITNESS EVALUATIONS Section 1. Physical Evaluation: A. Mandatory Participation Due to the importance of certification of fitness for duty, bargaining unit members are required to attend and participate in an occupational fitness evaluation as scheduled, once per term of this Agreement. [Note: The City and Union agreed that all members who were active on or before August 26, 2022, are required to participate in the occupational fitness exams that are scheduled from October 3, 2022 through October 21, 2022, and such participation will satisfy the member's mandatory participation requirement for the term of this Agreement.] B. Voluntary Participation Members of the bargaining unit may voluntarily participate in this exam process during years in which a member is not required to participate, pursuant to Section 1.(A) of this Article. (1) In order to voluntarily participate, a member must notify the Director of Human Resources and Risk Management by email no later than May 11t of each year of this agreement. (2) Due to the advanced notice required to schedule these exams through the vendor and the cost to the City, voluntary participation status is "locked in" as of May 1st of each year and no changes/cancellations will be accepted after that date. (3) In the event a member who voluntarily elected to participate decides not to participate after May 1st, but prior to completing any portion of the exam, the member is responsible for reimbursing the City for the total cost of the exam through either a payroll deduction or by a check made payable to the City of Boynton Beach, within thirty (30) days of cancellation. [Note: The per member cost for the exam for FY 2022-2023 is $420.001 In no instance will the reimbursement cost be greater than $420.00. The Director of Human Resources may waive the reimbursement cost at his/her discretion based on the unit member's explanation of cancellation, if one is provided. (4) A member who voluntarily elects to participate and completes any portion of the exam process is then subject to the same provisions as those who are required to participate. C. Miscellaneous Provisions In any instance where a bargaining unit member completes an evaluation off duty, (s)he will receive compensation equaling two (2) hours at a rate of one and a half (1.5) times the bargaining unit member's hourly rate of pay. 22 City PBA Page 470 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 (1) It is the responsibility of the bargaining unit member to ensure that this physical evaluation and all follow-up testing required solely as a result of being found "unfit for duty" by a medical doctor are completed in a timely manner and as scheduled. (2) Failure to attend, and/or participate in the mandatory occupational fitness evaluation as required will result in the bargaining unit member being placed on a "no work" status until the evaluation is complete. Compensation for time in a "no work" status will be through the use of only accrued and unused sick leave, compensatory time, and vacation leave (in that order). If all aforementioned leave time is exhausted, the bargaining unit member will be placed in an unpaid status until such time that the full evaluation and any required follow up is completed. (3) For the term of this Agreement, the City will contract with a qualified medical provider to perform occupational fitness evaluation. Records associated with this physical evaluation and any follow up evaluations required solely in connection with the return to work of an employee who was found to be "unfit for duty" are provided to the Director of Human Resources and Risk Management, who will ensure the records are properly maintained in the employee's confidential medical file, which is separate from the employee's personnel file. Further, an employee who was found to be "unfit for duty," or who was recommended for referral to another medical provider, may be contacted by Human Resources and Risk Management regarding ADAAA, FMLA, and/or Workers' Compensation. Section2. Immunization: The City shall provide opportunity for members to receive immunizations during the term of this Agreement for all members as a means of protection from the following: • Hepatitis —Type B: Available to all bargaining unit members o Members who refuse to be immunized for Hepatitis Type Band who later contract that disease shall not be presumed to have contracted the disease while on duty. • Hepatitis —Type A: Available to all bargaining unit members. o Members who refuse to be immunized for Hepatitis Type A and who later contract that disease shall not be presumed to have contracted the disease while on duty. • The City shall offer flu shots for all members as a means of protection from contracting the flu while working during flu season. Section 3. Other Testing: • The City shall provide lead testing for Range Instructors. 23 City PBA Page 471 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 • The City will provide for AIDS and Hepatitis screening in instances where a member is exposed to situations or persons presenting such biological contamination threat. Section 4. Exposures: The City acknowledges and complies with all statutory notice requirements and presumptions regarding exposures in the line of duty. 24 City PBA Page 472 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 16 GROUP INSURANCE Section 1. Medical, Vision and Dental Insurance The sole medical benefit plan available to employees will be a High Deductible Health Plan (HDHP). The cost for "employee only" coverage for the HDHP medical, dental, and vision insurance premiums shall be paid by the City for bargaining unit members while they are employed by the City. Members are responsible for the cost of covering dependents on these plans. The City Commission, through the Annual Budget process, may appropriate funds to subsidize employees' premium costs for employees who cover dependent children on their City medical plan. Any subsidy offered does not extend beyond the plan year for which it is budgeted, and the offering of, and/or amount of, any such subsidy is not subject to negotiation. Medical Insurance: HSA Contributions: The City will contribute an annualized total of one thousand five hundred dollars ($1,500.00) into a bargaining unit member's Health Savings Account (HSA) on the first full pay check date following January 11t of each year of this Agreement. i. In order to be eligible for the annual HSA deposit above, a bargaining unit member must have been actively employed with the City on September 30' of the preceding year to receive the next following contribution. ii. The IRS prohibits members who have medical insurance through Medicare, Tricare, or Tricare for Life from contributing or receiving contributions into an HSA plan; therefore, the City will provide the cash equivalent in the member's first full paycheck following January 15tof each year of this Agreement. a. In order to receive this payment, the member must email the Director of Human Resources and Risk Management no later than November 30' of each year of this Agreement with documentation that shows the member is covered on one of the aforementioned plans. New Hires: Bargaining unit members hired on or after October 1st of each year, and who elect to be covered on the City's medical insurance, will accrue one hundred and twenty-five dollars ($125.00) per active month of service for the City to deposit into their HSA through September of that plan year. This initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. 25 City PBA Page 473 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Leave Time Conversion to HSA: The City will provide opportunities to convert an annualized total of up to one thousand five hundred dollars ($1,500.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. This conversion can be done at the following times during each plan year (2022, 2023, 2024, and 2025): i. October 1st — November 15th (any amount up to an annualized total of $1,500.00). ii. April 1st — April 30th (any amount up to an annualized total of $1,500.00). iii. "Annualized" means plan year/contract year/fiscal year (October 1st through September 30th) Section 2. Life Insurance: Bargaining unit members are provided with a sixty thousand dollar ($60,000) term life and accidental death policy with the premium paid by the City. 26 City PBA Page 474 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 17 I rAvrc Section 1. Vacation A. Accrual: 1. Bargaining unit members accrue vacation hours each pay period when they are in an active paid status of twenty-four (24) or more hours in a work week. No member may use more vacation leave than (s)he has accrued. The chart below shows the maximum annual accrual of vacation hours based on years of service: Years of Service Vacation Hours 1 year 96 2 years 120 3 years 120 4 years 128 5 years 136 6 years 144 7 years 152 8 years 160 9 years 168 10 years 176 11 years 176 12 years 176 13 years 176 14 years 176 15 years 176 16 years 192 17 years 192 18 years 192 19 years 192 20 years 192 21 years & after 200 2. A bargaining unit member may accrue vacation hours up to the Allowable Maximum: the total vacation hours (s)he accrued in his/her two (2) most recent years of employment. During the fiscal year, vacation hours may accrue beyond the Allowable Maximum; however, any accrued and unused vacation hours exceeding the Allowable Maximum on September 30' of each year will be forfeited. 27 City PBA Page 475 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 B. Requests: 1. Vacation requests may be submitted from 14 - 105 days in advance for vacation. In the event of conflicting requests for vacation dates, the senior member's request shall prevail provided the more senior member's request was submitted ninety (90) days prior to the date(s) requested. 2. Vacations of two (2) days or less may be made with twenty-four (24) hours of advance notice. 3. Request for emergency vacation leave will considered individually by the Chief. 4. A bargaining member who is absent without approval will not be compensated for the time absent and may be subject to disciplinary action. C. Bonus Vacation Hours: Members are eligible to accrue up to eight (8) Bonus Vacation Hours on a quarterly basis by participating in and/or meeting certain benchmarks in department and City safety and wellness incentives. Details of each quarter's incentive program benchmarks will be provided and published. Section 2. Sick Leave A. Accrual: Bargaining unit members will accrue sick leave on a bi-weekly basis (3.69 hours) for an annualized total of ninety-six (96) hours per year. In order to receive accrued sick leave in a work week, a member must have been in an active paid status of twenty-four (24) hours or more. No member may use more sick leave than (s)he has accrued. B. Notice of Use of Sick Hours: Unscheduled Sick: A member shall notify his/her immediate supervisor or designee, in a manner provided for by management, of his/her illness not less than sixty (60) minutes before the start of his/her scheduled shift. If a member fails to call in within the specified time, the member may be subject to progressive discipline. This notice procedure shall be followed for each day the member is unable to report to work unless the member has been authorized by Human Resources and the City Manager for an extended leave of absence. Scheduled Sick: A member may request, with a minimum of forty-eight (48) hours of advanced notice, to use scheduled sick hours for medical, dental, optical, appointments and/or procedures. Documentation to support payment under the "scheduled sick" pay 28 City PBA Page 476 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 code must be provided with payroll. Unsubstantiated use of such time will result in the time being recoded to "sick." Sick hours may be requested and/or utilized upon approval of the Police Chief (or Designee) for the following reasons: 1. Member's health, or up to forty (40) hours per fiscal year for illness of immediate family member: the member's parent, spouse, or child. 2. Medical, dental, or optical treatment that is determined in writing by a physician to be necessary and must be performed during working hours. 3. Quarantine due to exposure to contagious disease. 4. In connection with a member's Workers' Compensation case, where (s)he has declined a light duty assignment or where no such assignment is available. 5. In connection with an approved Family and Medical Leave Act (FMLA) leave for a serious medical condition of the member, or the member's immediate family member, as defined in (FMLA). The following conditions may be deemed as excessive/abusive use of sick leave and may result in a referral to Human Resources for FMLA and/or progressive discipline: 1. Members who have developed a pattern of sick leave usage. 2. Members who are required to use vacation leave in lieu of or in supplementation of sick leave to compensate for absences (except approved FMLA). C. Documentation Required: For any use of sick time in excess of three (3) consecutive workdays, a member is required to provide written medical certification to the Human Resources and Risk Management Department upon return to work. Additionally, a member who calls out sick after being ordered to work a holiday, special event, or other mandatory assignment, is required to provide a doctor's note to Human Resources and Risk Management upon return and to notify their immediate supervisor that this documentation has been submitted. "Consecutive work days" means any day for which a member was scheduled to work, including additional or "overtime" shifts. D. Payout of Sick Leave 29 City PBA Page 477 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 1. Members who are terminated from the City are not eligible for a payout of sick leave. 2. Members will have payment made for their accrued and unused sick hours, at the percentage specified in the table below, upon resignation, retirement, change in status from full time to part-time, or death. (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the appropriate Pension Plan). Continuous Years of Service Less than 5 full years years but less than 10 full years More than 10 full years Upon retirement from the City Percentage of Sick Leave Payout 0% 25% 50% 50% 3. An employee retains his/her accrued and unused sick hours while employed in a full time position with the City. If an employee's status converts to a part- time position, whether voluntarily or involuntarily, (s)he will have his/her accrued and unused sick leave paid out pursuant to the aforementioned table. E. Sick Leave Conversion: Members who have more than one hundred twenty (120) hours of sick leave as of September 1st of any contract year may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed eighty (80) hours. This conversion payout will occur by September 30tH F. Sick Leave Donations: Sick Leave Donations are available pursuant to City policy. Section 3. Personal Leave At the sole discretion of the Police Chief (or Designee), a member may be granted up to sixty (60) hours of paid personal leave in a fiscal year. There is no entitlement to Personal Leave, and the Police Chief's approval of or denial of such leave is not subject to grievance. Section 4. Bereavement Leave In the event a member has experienced the death of his/her mother, father, foster parent, step-parent, brother, sister, husband, wife, registered domestic partner, son, daughter, grandparents, grandchildren, mother-in-law, father-in-law, sister-in-law or 30 City PBA Page 478 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 brother-in-law, or grandparent of spouse or registered domestic partner, a member may use paid compassionate leave not to exceed three (3) consecutive shifts for any one death. However, if it is necessary for the member to leave the State in connection with the internment of the deceased, the member may use an additional two (2) consecutive shifts. Members must submit proof of death within thirty (30) days in order to be eligible for paid compassionate leave. The City Manager may grant additional compassionate leave at his/her sole discretion. 31 City PBA Page 479 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 18 HOLIDAY PAY Section 1. Bargaining Unit Members will receive Holiday Pay in the following manner: A. The second paycheck in October, members will receive 90 hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Veterans' Day o Thanksgiving Day o Day After Thanksgiving o Christmas Eve o Christmas Day o New Year's Day B. The second paycheck in January, members will receive 90 hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Martin Luther King, Jr. Day o Presidents' Day o Memorial Day o Juneteenth o Independence Day o Labor Day Section 2. Bargaining Unit Members must be actively employed on the paycheck date in order to receive the Holiday Pay in Section 1. Section 3. Bargaining Unit Members who leave employment must pay back any holidays for which they were paid but were not employed on date of holiday. This payment will be deducted from the member's final pay check at the hourly rate at which the holiday was paid. Section 4. New Hires will receive Holiday Pay on a pro -rated basis on the first paycheck of the month following date of hire. The proration will be calculated as follows: A. If hired between October 1st and January 1st, (s)he will receive Holiday Pay for only the holidays in Section 1A that occurred while (s)he was actively employed. 32 City PBA Page 480 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 B. If hired between January 2nd and September 30th, (s)he will receive Holiday Pay for only the holidays in Section 1B that occurred while (s)he was actively employed. Section 5. There is no additional pay, premium or otherwise, for time worked on City - observed or actual holidays. Section 6. There is no pay, premium or otherwise, to Bargaining Unit Members who do not work on City -observed or actual holidays. Section 7. Members with non -road patrol assignments whose scheduled work day falls on a City -observed holiday may have the following options (based upon scheduling approval of Supervisory Chain of Command): a) Work on the City -observed holiday and get paid at straight time for the actual hours worked, or b) Not work on the City -observed holiday and request to use paid leave (such as available comp time or vacation leave) to be compensated for the hours, or c) Not work on the City -observed holiday and be in an unpaid status for those hours (absent any request to use available paid leave), or d) With advanced agreement and approval from supervisor, a non -road patrol member may flex his/her schedule during any work week in which there is a City -observed holiday. 33 City PBA Page 481 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 19 FUNERAL EXPENSES Section 1. The City will make a payment of fifteen thousand dollars ($15,000.00) to the beneficiary of bargaining unit employees considered by law to have expired in the line of duty. Section 2. All employees shall complete the appropriate form to designate by name and address, the individual to whom such funds are to be paid. In the event of conflicting claims for payment, the City will interplead the funds by court proceeding if the parties with conflicting claims cannot resolve their dispute within sixty (60) calendar days. 34 City PBA Page 482 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 20 TRAINING Section 1. a. Mandatory Officer Training Requirements All basic mandatory training and retraining that an officer is required to attend while off duty will be compensated at a rate of one and a half (1.5) times the officer's hourly base rate for actual time in training. b. Conferences, Seminars, OtherTraining/Special Programs Other off-site training/special programs, including but not limited to conferences and seminars, for which the City approves a member to attend and pays the associated expenses are exempt from compensation other than the member's hourly base rate of pay for hours of actual classes while in attendance and for any hours the member is attending that were regular scheduled work hours. The City reserves the right to flex a member's work schedule to reduce the cost of overtime that may result from a member attending such classes on non- scheduled work days. Section 2. Weapons Training The content and course of weapons training will be established by the Chief of Police. Each member will be allowed three opportunities to meet prescribed qualification standards. If the officer does not qualify in three attempts, they will be required to qualify on their own time and expense to remain eligible for employment as law enforcement officers. Section 3. College Tuition The City will reimburse eligible members for tuition pursuant to the City's Tuition Assistance Program, which is attached as Addendum "C." The provisions of this Section and Addendum "C" relate to the reimbursement assistance for General Education Core Courses and Degree Program Core Courses. For the term of this Agreement, Tuition Assistance is funded at thirty-five thousand dollars ($35,000) per fiscal year and covers members of both the Police Officers & Detectives unit and the Police Sergeants unit. The provision of the City's Tuition Assistance Program that restricts DROP participants from eligibility is not applicable to members of any PBA bargaining unit. Section 4. 35 City PBA Page 483 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 The City reimburse members for authorized expenses associated with attending training and special schools as approved by the Police Chief. 36 City PBA Page 484 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 21S REPRODUCTION The City will post the Agreement on the City's shared drive or any other electronic distribution system. 37 City PBA Page 485 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 22 PERSONNEL RECORDS Section 1. A personnel file for all City employees is maintained by the City's Human Resources Department. Employees may inspect and obtain copies of personnel files in accordance with Florida Law. Section 2. Internal affairs investigatory files will be maintained in accordance with Florida State Statutes. Section 3. All bargaining unit members covered by this Agreement must be notified within twenty-four (24) hours of the request in writing (E-mail is acceptable notification) when someone other than a City employee requests to review the bargaining unit members' personnel/I.A. file, unless the file is being inspected by a governmental agency (including IRS), or state attorney, in the conduct of a lawful criminal investigation when confidentiality of the investigation is requested. 38 City PBA Page 486 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 23 LEGAL ACTION Section 1. In accordance with Florida Statutes, the City will provide legal defense for a member against any civil damage suits wherein said member is a named party and wherein the alleged damages were allegedly caused by the actions of said member while acting within the scope of his/her authority and within the course of his employment. Section 2. The City will indemnify all members against judgments for compensatory damages entered against them as a result of their actions to the extent that the City is found liable for such actions. Section 3. The City will select the Attorney who is to defend the employee relative to this Article. Section 4. The employee will be responsible for filing any counterclaims at his/her expense. 39 City PBA Page 487 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 24 DISCIPLINE Section 1. The Parties recognize that the interests of the community and job security of the bargaining unit members depends upon the City's success in providing proper and efficient services to the community. To this end, the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals of effective municipal management and public safety. The Parties recognize the need for progressive and appropriate discipline when an employee's conduct and job performance are inconsistent with said goals. Section 2. No bargaining unit member shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. The following disciplinary actions shall be utilized and, depending on the severity of the offense, the first action may be at any appropriate level including dismissal. A. Written Notice/Reprimand B. Unpaid Suspension C. Demotion D. Termination Discipline is classified as either major or minor, as follows: MAJOR DISCIPLINE is a(n): • Unpaid Suspension of more than sixteen (16) hours; • Demotion, or; • Termination. MINOR DISCIPLINE is a(n): • Written Notice/Reprimand, or; • Unpaid Suspension of sixteen (16) hours or less. Section 3. Any bargaining unit member who has been promoted, and who thereafter is demoted, shall be returned to the position and shift(s) he or she occupied immediately prior to the promotion or to a position and shift consistent with his or her seniority as a sworn officer with the Boynton Beach Police Department, whichever is more favorable for the member. Personnel re-entering the bargaining unit as provided above shall be placed in their respective Step Pay Plan based upon their completed years of sworn service with the City of Boynton Beach Police Department at the time of demotion. Section 4. No Employee shall be subject to major discipline without first being afforded a pre -determination conference with the City Manager. No pre -determination conference shall be conducted with less than fifteen (15) calendar days' notice to the Employee. 40 City PBA Page 488 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Section 5. Unpaid suspensions will be imposed in increments of eight (8) hours loss of pay. Section 6. Members will be ineligible to work off duty details during any calendar day on which they are observing a suspension. Section 7. The City will provide notice to the PBA when it completes an investigation of bargaining unit members that could result in disciplinary action or when an employee is given a suspension. 41 City PBA Page 489 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 25 APPEALS OF DISCIPLINARY ACTION Appeals of disciplinary action shall be handled as follows: MINOR DISCIPLINE: Appeals to Major discipline shall be referred to Arbitration beginning at Step Three of the Grievance Process pursuant to Article 26. A. Written Notices/Reprimands may be submitted for review by the Chief of Police as follows: a. Member must submit a written response to the Written Notice/Reprimand (email is acceptable) to the Chief of Police, with a copy to the Director of Human Resources and Risk Management, within fifteen (15) calendar days of issuance. b. After review of a member's written response and within fifteen (15) calendar days, the Chief of Police may rescind the Written Reprimand. The Chief's determination will be in writing (email is acceptable) to the member, with a copy to the Director of Human Resources and Risk Management. The Chief's response may simply state the determination outcome. c. The Director of Human Resources and Risk Management will ensure the member's employment file contains the originally issued Written Notice/Reprimand, the employee's written response, and the Chief of Police's determination to sustain, reduce, or reject the discipline. d. Alternatively, a member is permitted to provide a written response to the Written Notice/Reprimand to both the Chief of Police and the Director of Human Resources, up to 90 days following its issuance for inclusion in his/her employment file. However, the Chief of Police will not consider reducing or rejecting discipline from any written responses received after the deadline as stated above in A(1)-(3). B. Unpaid Suspensions of sixteen (16) hours or less (following pre -disciplinary meeting under Chapter 112, Florida Statutes) may be formally appealed to the Chief of Police, whose decision shall be final. A member may submit a written response to be included in his/her employment file. 1. Following the initial pre -disciplinary meeting and receipt of final discipline, an appeal shall be filed in writing via electronic mail to the Chief of Police and the Director of Human Resources and Risk Management within fifteen (15) calendar days of notice of the unpaid suspension. 2. The Chief of Police shall render a decision within fifteen (15) calendar days of the appeal. 42 City PBA Page 490 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 3. The Chief of Police's decision may be to sustain, fully reject, or lessen the discipline. The Chief of Police (or Designee) may, at the request of the member, conduct interviews with departmental staff or members of the bargaining unit as part of his/her formal review of the discipline and of alleged violations of this Agreement and/or Chapter 112, Florida Statutes, if applicable. MAJOR DISCIPLINE: A. Pre -Disciplinary Meeting with the Chief of Police under Chapter 112, Florida Statutes: 1. Following the initial recommendation of discipline, members may schedule and attend a Pre -Disciplinary meeting with the Chief of Police, pursuant to Chapter 112, Florida Statutes and within thirty (30) calendar days of the issuance of Major Discipline. This request must be in writing (e-mail is acceptable) to the Chief of Police with a copy to the Director of Human Resources and Risk Management. 2. After the meeting, if one is requested, or after receiving the member's written statement in lieu of a meeting, the Chief of Police will render his final disciplinary decision within fifteen (15) calendar days. 3. If a member does not request and attend a pre -disciplinary meeting with the Chief of Police, or does not provide a written statement in lieu of a meeting, within thirty (30) calendar days of the initial recommendation of discipline, then the Chief of Police's initial discipline recommendation will stand. However, the member may opt to waive the meeting with the Chief of Police and proceed directly to the Predetermination Conference with the City Manager. B. Predetermination Conference with the City Manager: 1. Prior to the imposition of Major Discipline, a member may elect to participate in a Predetermination Conference with the City Manager. The member must request a conference with the City Manager within fifteen (15) calendar days of the final determination by the Chief of Police. 2. Members will have a minimum of fifteen (15) calendar days' notice of the date of the Predetermination Conference. 3. The City Manager will render a disciplinary decision, which is final, within thirty (30) calendar days of the predetermination conference. C. Arbitration: Following a Predetermination Conference with the City Manager, if the final recommendation of discipline remains as Major Discipline, then the matter may be referred directly to Arbitration, beginning at Step Three of the Grievance Procedures pursuant to Article 26, S.A. 43 City PBA Page 491 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 26 GRIEVANCE AND ARBITRATION PROCEDURE Section 1. A grievance, as used in this Agreement, is limited to a complaint or request of a bargaining unit member or the PBA which involves the interpretation or application of, or compliance with, the provisions of this Agreement. Appeals of disciplinary action are not grievances but may be brought following the procedures set forth in Article 25 and Step Three (3) of this Article. Section 2. Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration. Section 3. In the event a grievance should arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. Section 4. All references to "days" in this Article shall mean calendar days. Section 5. Procedures A. Grievance Procedures Step One — Police Chief The aggrieved employee(s) or an Association representative on behalf of an aggrieved employee(s) shall file a Step One written grievance by electronic mail to the Police Chief and the Director of Human Resources and Risk Management on or by the fifteenth (15tn) day of the occurrence or on or by the fifteenth (15t") day of when the employee(s) knew or should have known of the occurrence. All grievances shall include the following: a. Statement of the grievance and the facts and circumstances upon which it is based; b. Name and rank of grievant(s); c. The Article(s) and Section(s) of the Agreement alleged to have been violated; and d. The remedy requested; All class action grievances shall also include: 44 City PBA Page 492 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 a. Statement indicating the grievance is a class action; and b. Signature of a PBA Union Official/Attorney. The Police Chief's Step One response shall be transmitted to the Union and to the Director of Human Resources and Risk Management on or by the tenth (10th) day of receipt of a grievance. If the Police Chief does not respond in writing via electronic mail, the grievance is presumed to be denied and the employee or an Association representative may advance the grievance to Step Two. Step Two — City Manager (or Designee) If no resolution is reached at Step One, the aggrieved employee(s) or the Association representative on behalf of the aggrieved employee(s) may file a Step Two written grievance by electronic mail to the City Manager and the Director of Human Resources and Risk Management on or by the fifteenth (15th) day of receipt of the Police Chief's Step One response. The City Manager (or Designee), at his/her discretion, may conduct interviews with the grievant(s), the Union representative(s), members of the bargaining unit, and/or management to discuss the grievance. The City Manager (or Designee) must notify the Union and Grievant within seven (7) days of receipt of the Step Two grievance if (s)he intends to conduct interviews. Once such notification is made, the time period for the City's Step Two response is tolled with mutual agreement by the Union until the interviews can be scheduled and conducted. The City Manager (or Designee) shall respond in writing to the Step Two grievance by electronic mail no later than thirty (30) days of receipt of the Step Two grievance or by a mutually agreed upon extended date. If the City Manager (or Designee) does not respond in writing via electronic mail, the grievance is presumed to be denied and the aggrieved employee or an Association representative may move to the next step. Step Three — Arbitration If the grievance has not been settled by Steps 1 and 2, the PBA or the City may request arbitration within fifteen (15) calendar days of receipt of the City Manager's (or Designee's) reply or when a reply was due, if none is submitted. Following a Predetermination Conference with the City Manager under Article 25, appeals of disciplinary matters continue at this Step of the Grievance Process. Notices to the City under this section must be sent to the City Manager and to the Director of Human Resources and Risk Management, and electronic mail is 45 City PBA Page 493 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 sufficient. Notices tothe PBA under this section must be sent to the assigned PBA attorney, with a copy to PBA President. B. Arbitration Procedures The Party requesting arbitration must timely file with the American Arbitration Association (AAA) or Federal Mediation and Conciliation Service (FMCS) for a panel of seven (7) arbitrators on or before the fifteenth (15t") day deadline, and a copy shall be served on the other Party. The rules for conduction of the arbitration will not be the rules of AAA or FMCS unless agreed to by the City and PBA, but will be governed by the terms of this Agreement. 1. Arbitrator Selection Each Party retains the right to reject one panel in its entirety and request that a new panel be issued at the rejecting Party's expense. The grieving party shall strike the first name with each Party alternating strikes thereafter until only one arbitrator's name remains. The last name remaining shall be the arbitrator. The arbitrator shall determine the date(s) and time(s) of the hearing subject to the availability of the Union and the City. Arbitration will be conducted at a location mutually agreeable to the City and the Union. 2. Arbitration Fees and Expenses All fees and expenses of the arbitrator shall be divided equally between the Union and the City; however, each Party shall fully bear the expense of preparing and presenting its own case, including the cost of witnesses and other people it requires to attend the arbitration. 3. Arbitrator Authority and Award The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision of the arbitrator is final and binding on the parties. If the arbitrator reverses the discipline in its entirety, the Employee will be made whole. Any and all procedures regarding arbitration which are not specifically set forth in this Section shall be governed by this Article. The decision of the arbitrator is final and binding on the Parties subject only to the rights of the parties to confirm, clarify, or set aside the award as set forth in the Florida Arbitration Code. The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if any, or of the transcript if Parties have agreed to submit the transcript in lieu of briefs. 46 City PBA Page 494 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 The arbitrator shall submit his/her decision in writing with a statement of findings and reasons within thirty (30) days of the receipt of briefs, if any, or receipt of the transcript if Parties have agreed to submit the arbitration transcript in lieu of briefs. 4. Other Provisions A transcript of the Hearing will be made, unless waived by both Parties. The cost, including the arbitrator's copy, will be shared equally bythe Parties with the PBA share not to exceed $500.00. Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the close of the Hearing or after receipt of the transcript, if a transcript is requested. By agreement of both Parties, a meeting will be held at any step of the grievance procedure. Settlement of a grievance prior to the issuance of an arbitration Award shall not constitute precedent nor shall it constitute an admission that the Agreement has been violated. A probationary employee may not grieve any matter concerning assignment, or discharge for reasons of failure to meet performance standards. 47 City PBA Page 495 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 27 PERSONAL VEHICLES Section 1. When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools and seminars. 48 City PBA Page 496 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 28 DRUG TESTING The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. Bargaining Unit employees are subject to random, reasonable suspicion, and post -accident drug testing. The Drug Free Workplace Policy approved by the City and the PBA is attached as Addendum "A." 49 City PBA Page 497 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 29 POSTING OF ASSIGNMENT AND PROMOTIONAL OPPORTUNITIES Vacancies in positions or assignments will be posted in-house no less than five (5) calendar days before the application deadline for the position or assignment. Members applying for a posted position or assignment must meet the qualifications on the final day of posting; for example, while the member may not be eligible at the time his/her application is submitted, if the member will satisfy all of the qualifications by the final day of posting, then the submitted application shall be accepted and considered. 50 City PBA Page 498 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 30 COMPLETE AGREEMENT AND NON -WAIVER PROVISION Section 1. This Agreement is the complete Agreement between the parties, cancels all prior practices and agreements, and, except as expressly provided for herein, relieves the parties of the obligation to bargain on any subject during the term of this Agreement. Section 2. There is no past practice which results in a monetary benefit except as set forth expressly in this Agreement. All bargaining unit members are covered under the terms of this Agreement, Departmental Rules and Regulations and the City's Personnel Policy Manual and not under any Civil Service Rule/Regulation and heretofore in existence. (a) When the City intends to make changes to City or Departmental Administrative Rules or Regulations, or Procedures, the City will provided written notice to the PBA. This notice will include a description of the change and an implementation date which shall be no less than thirty (30) days from the date of notice. (b) If the PBA believes that that modification constitutes a change to wages, benefits or conditions of employment, PBA will have fifteen (15) calendar days from date of notice to advise the City if the PBA is requesting pre -implementation or post implementation impact bargaining and to identity with specificity the manner in which the modification affects the rights of its members. The PBA response shall include three (3) dates and times when the PBA is available to meet with the City to discuss/bargain the modification, excluding dates in the first ten (10) days following the PBA request. When bargaining is requested, it shall begin no less than ten (10) days following the PBA's request and shall be concluded within fourteen (14) days following the first bargaining session. (c) This provision is not a waiver, restraint or limitation on the City's management right to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. Further, this provision is not a waiver of the City's rights or the PBA's rights under Chapter 447, Florida Statutes. Section 3. Nothing in this Agreement shall be construed or interpreted as a waiver of the PBA's right to request bargaining or impact bargaining. Section 4. Nothing in this Agreement shall be construed or interpreted as a waiver or limitation on the City's management rights. 51 City PBA Page 499 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 31 SEVERABILITY Section 1. If any provision of this Agreement is found to be invalid by any courts having jurisdiction in respect thereof, such findings shall not affect the remainder of this Agreement, and all other terms and provisions shall continue in full force and effect. Section 2. In the event of such finding the Parties will meet within thirty (30) days to begin negotiations of a replacement Article or Section. 52 City PBA Page 500 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 32 DURATION This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission and shall remain in effect until September 30, 2025. No base wage increase, step, cost of living, or other compensation adjustments, except increases resulting from an assignment, shall be paid beyond September 30th of each year, except as provided in a subsequent Memorandum of Understanding or Collective Bargaining Agreement. 53 City PBA Page 501 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 33 TAKE HOME VEHICLES Section 1. The City agrees to continue the take home vehicle program during the term of this Agreement and to purchase as reasonably as possible the number of vehicles sufficient to supply eligible members of the bargaining unit. Section 2. Eligibility: • Members who reside within 60.0 miles of Police Headquarters (2100 High Ridge Road) are eligible for a Take Home Vehicle provided they: o Have successfully completed Field Training, and o Have not had their police powers suspended. • Members who are on modified/light duty related to a workers' compensation claim who do not have driving restrictions are eligible based upon availability of an unmarked vehicle. • Members who are on modified duty related to a non -work-related injury or temporary disability may be provided with an unmarked vehicle based on availability and seniority (ID number), provided their work restrictions do not prohibit driving. Section 3. Vehicles will be assigned on the basis of seniority (by ID number), with seniority bumping rights for Members transferred to patrol. Section 4. Assigned vehicles are not for personal use but for work only. Section 5. F.S. 627.7491 — Official law enforcement vehicles; motor vehicle insurance requirements: This statute took effect on July 1, 2022 and requires police departments to maintain auto insurance coverage to cover their vehicles when an officer travels to or from work in a take home vehicle. The coverage must also cover the time an officer travels to and from any other work assignment in the take home vehicle. However, there are two exceptions: 1. Coverage is not required if the officer makes any "distinct deviation for a nonessential personal errand." a. The City and Union define "distinct deviation" as any personal use of Take Home Vehicle other than de minimis use along the member's normal commute route. For example, stopping at a convenience store, bank, or fast food restaurant that is on a member's reasonable commute route is considered de minimis. 54 City PBA Page 502 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 2. Coverage is not required if the officer "acts in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property." The Citv has the necessary insurance in place to comply with this statute. 55 City PBA Page 503 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 34 OFF-DUTY DETAILS All off-duty details (worked performed for a second party employer) require prior written approval by the Chief of Police (or Designee). Police Department Index Code 712 applies except as modified in this Article. Sworn Law Enforcement Officers in positions outside of PBA bargaining units are not prohibited from participating in the off-duty details program. The City will continue coordinating off-duty details. The net rate of pay for off-duty details paid to the officer will be set by the PBA, but no less than fifty dollars ($50.00) per hour with a three (3) hour minimum. PBA may change this rate at anytime with a minimum of fifteen (15) calendar days of written notice to the City. The City will act as the conduit for payment for off-duty details from the second party employer to the officer. The City may contract with a company or individual for processing. Payment to the officer is contingent on collection from the second party employer. Any payments for off duty detail work performed on behalf of a second party employer shall not be considered compensation for pension calculation purposes2. Each officer working an off-duty detail is deemed to be an independent contractor of the second party employer. However, police officers on off-duty details shall be permitted to utilize a City police uniform, radio and vehicle. For such usage, the City shall receive $7.00 dollars per hour for every detail worked to offset equipment costs. Details shall be assigned only to those officers who are off duty and no officer shall accept any off-duty detail when it interferes with his/her normal working hours. No swap of time is permitted to accommodate an off-duty detail. Each officer, while working off-duty details, shall adhere to City conduct standards. Any misconduct or breach of policies, rules and regulations will be handled through the Department the same as any on -duty activity. Z (4) "Compensation" or "salary" means, for non -collectively bargained service earned before July 1, 2011, orfor service earned under collective bargaining agreements in place before July 1, 2011, the total cash remuneration including "overtime" paid by the primary employer to a police officer forservices rendered, but not including any payments for extra du ,� or special detail work performed on behalf of a second par employer. § 185.02, Fla. Stat. Ann. BB Pension Code: Compensation or salary. The total cash remuneration including lump sum payments for accumulated sick and vacation leave and "overtime" paid by the primary employer to a police officerfor services rendered, but not includina any payments for extra du or a special detail work performed on behalf of a second par employ paid directlyto o the police officer by the second par employ 56 City PBA Page 504 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Any police officer who is on sick leave, workers' compensation or working light duty will not work any off -duty detail during that period. Any police officer on leave due to disciplinary matters shall not work off-duty details during the period of that suspension or removal from active duty. The Police Chief may suspend an employee's right to work off- duty details as a component of disciplinary action or as a component of a Performance Improvement Plan as a result of a conduct violation committed while on an off-duty detail. All Bargaining Unit Members assigned to cover off-duty details may report directly to their assignment without prior checking in or out at the police station; however, members must advise a supervisor personally or by radio. Bargaining unit members assigned to an off-duty detail shall comply with all current City and Department policies and procedures in effect. 57 City PBA Page 505 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 35 PENSION Section 1. Recent Historical Changes During Bargaining • Bargaining Unit Members hired on or after October 1, 2015 will have a pension multiplier of three percent (3%). • The vesting period for Police Officers and Detectives hired on or after October 1, 2016 is ten (10) years. • Upon ratification of the Agreement ending September 30, 2019, the City and the Union conformed to the statutory requirement to negotiate provisions of SB 172, codified as Laws of Florida 2015-39 by entering into a Mutual Consent Agreement, which provided that the Union to pay the City a total of $60,000 in $30,000 increments in November 2017 and November 2018. • Mutual Consent Agreement, included as Addendum "B," which provides that the City will receive a total of $90,000 in $30,000 increments in November 2019, November 2020, and November 2021. • Employees hired on or after October 1, 2019: Normal retirement — the earlier of age 55 and 10 years of credited service, or completion of 25 years of credited service regardless of age — Eliminating the 50 years of age with 15 years of credited service. • Employees hired on or after October 1, 2016: Early Retirement/Deferred Vested Retirement — 50 years of age with 10 years of credited service. • ALL: Maximum Retirement Benefit shall not exceed eighty-five percent (85%) provided that, in all cases, the benefit is at least 2.75% for each year of service. • ALL: Member Contributions toward Base Pension Benefit - Additional 0.5% pension contribution from all employees (excluding DROP participants) each fiscal year of the prior Agreement — Monies must be utilized for Unfunded Actuarial Accrued Liability (UAAL). • Year 1-0.5% additional contribution • Year 2-0.5% additional contribution • Year 3 —0.5% additional contribution 58 City PBA Page 506 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 • DROP — Employees hired on or after October 1, 2019 will receive interest at a rate of 0% - 8% depending on plan performance. These members will be required to remove their money from the DROP as stipulated in the DROP Ordinance. Section 2. Agreed Changes During Bargaining of Current Agreement • A Mutual Consent Agreement, included as Addendum "B," provides that the City will receive a total of $150,000 in $50,000 increments in November of each year of this Agreement (2022, 2023, 2024). • DROP — Effective October 1, 2022, all active members are eligible to participate in an eight (8) year DROP with a seven percent (7%) guaranteed interest rate on their full DROP balances. Members are required to resume contributions at three percent (3%) for years six (6) through eight (8) of the DROP, if they opt to participate. Active members who have already entered the DROP are eligible to extend their DROP provided they are not required to separate from service prior to October 1, 2022. 59 City PBA Page 507 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 36S NO STRIKE OR LOCK -OUT Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of Sergeants from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of Sergeants from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. Section 2. Neither the Union, nor any of its officers, agents and members, nor any employee organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any other interruption of the operations of the City. Section 3. Each Sergeant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bring about compliance with this Article and the strike prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida. Accordingly, the Union, its officers, stewards and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility, in event of breach of this Article or the law by other employees and upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike publicly. Section 4. Any or all Sergeants who violate any provisions of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City. 60 City PBA Page 508 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 37 WORKERS' COMPENSATION AND LEAVES OF ABSENCE Section 1. Workers' Compensation A. A bargaining unit member covered by Florida Statute, Chapter 440, Workers' Compensation, and in accordance with provisions set forth hereunder, shall be authorized to be absent from work due to injury or illness incurred while on duty, and directly related to work performed, until (s)he reaches maximum medical improvement or two (2) years, whichever comes first. B. The City is self-insured for Workers' Compensation. The City's Human Resources and Risk Management Department coordinates claims management for work-related injuries and illnesses. For information and policies regarding Workers' Compensation, contact the Human Resources and Risk Management Department. C. Members who are unable to work due to a work-related injury or illness, are entitled to have their workers' compensation payments supplemented for up to ninety (90) days to ensure they receive one hundred percent (100%) of their normal base pay, unless otherwise negotiated in a workers' compensation hearing. D. The City follows the provisions of Florida Statute, Chapter 440, Workers' Compensation. Bargaining Unit members who require follow up medical treatment are required to attend appointments while off duty. In the event a Bargaining Unit member needs to attend an appointment while on duty, due to scheduling conflicts identified by Command Staff, the member must use his/her available Sick Leave or compensatory time and vacation time if the member has no available Sick Leave. E. Reporting Work -Related Iniuries/Illnesses: 1. An employee who sustains a work-related injury or illness is required to immediately notify his/her supervisor and/or the Human Resources and Risk Management Department. Notification to the Human Resources and Risk Management Department is made 24/7 by calling: (561) 742-6677 or e -mailing: risk@bbfl.us. An employee who fails to promptly notify his/her supervisor or the Human Resources and Risk Management Department is subject to disciplinary action including termination of employment. F. FMLA in Conjunction with Workers' Compensation: 1. To the extent permissible by Law, the City designates lost time in conjunction with a workers' compensation claim as FMLA for members who meet the eligibility 61 City PBA Page 509 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 requirements and who have not yet exhausted their rolling 12 -month hours' entitlement. Section 2. Modified Work (Light Duty) A. Modified Work Assignments (Workers' Compensation): 1. An employee who has been released to work with restrictions may be accommodated with a modified work (light duty) assignment at the discretion of the Director of Human Resources and Risk Management (or Designee) in consultation with the Police Chief (or Designee). An employee may choose to accept or decline the modified work assignment. If an employee declines an offer of a modified work assignment, the employee will be required to remain at home until released to full duty with no restrictions, and during this time, (s)he will be required to use accrued and available leave time in the following order: sick and vacation. Additionally, an employee who declines an offer of a modified work assignment and who meets the eligibility requirements for leave under FMLA will have his/her time off automatically designated as FMLA. (a) For more information regarding modified work as it pertains to Workers' Compensation, contact the Human Resources and Risk Management Department. B. Modified Work Assignments (Other): 1. The City complies with the Americans with Disabilities Act Amendments Act (ADAAA) to provide reasonable accommodations to employees who request them and are qualified. An employee may request an accommodation and/or more information by contacting the Human Resources and Risk Management Department. Section 3. Leaves of Absence A. Family and Medical Leave Act (FMLA): 1. An employee who has worked for the City for at least twelve (12) months and who has worked at least one thousand two hundred fifty (1,250) hours in the preceding twelve (12) months is eligible to request job -protected leave under FMLA for qualified reasons as defined by the law. 2. Requests for leave under FMLA must be submitted in writing on the designated form to the Human Resources and Risk Management Department. Leaves under FMLA are approved by the Director of Human Resources and Risk Management 62 City PBA Page 510 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 and the City Manager. Human Resources may designate as FMLA an eligible employee's qualified leave, including lost time due to a Workers' Compensation claim. (a) For more information regarding leave under FMLA, contact the Human Resources and Risk Management Department. B. Americans with Disabilities Act Amendments Act (A 1. An employee may be entitled to leave as an accommodation for his/her disability under the ADAAA. (a) For more information regarding a leave accommodation under ADAAA, contact the Human Resources and Risk Management Department. C. Military Leave: 1. The City complies with Military Leave pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Florida Statute 115.07. 2. An employee must immediately notify the Human Resources and Risk Management Department upon notice of his/her need for Military Leave. (a) For more information regarding Military Leave, contact the Human Resources and Risk Management Department. D. Leave of Absence (Other): 1. An employee who is not eligible for leave under FMLA, ADAAA, or Military Leave may request a Leave of Absence for up to ninety (90) days. 2. A request for a Leave of Absence must be submitted in writing to the City Manager via the Director of Human Resources and Risk Management. The City Manager, in consultation with the Director of Human Resources and Risk Management and the Police Chief (or Designee), will consider an employee's request for a Leave of Absence on a case-by-case basis with the operational needs of the City being a primary factor in whether or not the leave may be granted. An employee who is on an approved Leave of Absence is subject to being recalled to service upon notice of the City Manager (or Designee). The City Manager's determination is final and is not subject to further review, appeal, grievance, or arbitration process. 3. Any approved Leave of Absence will require an employee to utilize his/her paid leave time in the following order: compensatory time, vacation, and sick. Once 63 City PBA Page 511 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 the employee has exhausted all available accrued time, the remainder of the Leave of Absence will be without pay. An employee will not accrue vacation or sick hours while on a Leave of Absence. The employee is responsible for the full cost of insurance premiums for work weeks in which (s)he is in an unpaid status for more than twenty-four (24) hours. 64 City PBA Page 512 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ARTICLE 38S QUALIFICATIONS FOR A BARGAINING UNIT POSITION Eligibility for hiring or promotion to a position in the bargaining unit shall be as follows: (a) Five (5) years of continuous experience as a Police Officer or Detective First Grade with the City of Boynton Beach immediately prior to hiring or promotion. (b) Must possess on effective date of hire and thereafter maintain FDLE certification. (c) Must possess on effective date of hire and thereafter maintain a Florida driver's license. 65 City PBA Page 513 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ADDENDUM "A" DRUG FREE WORKPLACE POLICY 1.1 PURPOSE The City of Boynton Beach is committed to providing a safe work environment for its employees and our community. Drug and alcohol abuse is national problem that is prevalent in society and impairs the health and safety of employees, promotes crime and harms our local community. Moreover, the illegal possession, use, sale, and distribution of controlled drugs are criminal acts that directly threaten the integrity of all employees in the City. The City is addressing this problem through its DRUG FREE WORKPLACE Program. Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe and productive drug and alcohol free environment. We encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. The City considers substance abuse to be an unsafe and counterproductive work practice. 1.2 SCOPE This policy applies to all PBA collective bargaining unit members at the City of Boynton Beach. 1.3 DEFINITIONS 1. "Chain of Custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to the final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, and strong specimens and reporting test results 2. "Confirmation Test", "confirmed test" or "confirmed drug test" is a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. 3. "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. Threshold detection levels are established by Florida regulations. Therefore, activities participated in while off duty City PBA Page 514 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 may result in positive drug tests. For DOT covered employees, alcohol includes any intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols. Consumption of a preparation including alcohol (beverages or medicines). A list of the most common medications which may alter or affect a drug test are found in Section 1.5, Letter I of this policy. Employees and job applicants should review this list prior to submitting to a drug test. 4. "Drug test" or "test" means any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites. 5. "Employee" means an individual who works for salary, wages, or other remuneration for the City and is covered by the workers compensation act. 6. "Employee Assistance Program" (EAP) is an established program for employee assessment, counseling, and referral to an alcohol and drug rehabilitation program. 7. "Employer" means an agency within state government that employs individuals for salary, wages, or other remuneration. 8. "Initial drug test" means a screening procedure of the blood and/or urine of employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules. 9. "Job Applicant" means a person who has applied for a position with the City and has been offered employment conditioned upon successfully passing a drug test. 10. "Mandatory -testing position/Safety-sensitive position" means with respect to a public employer, a job assignment that requires the employee to carry a firearm, work closely with an employee who carries a firearm, perform life-threatening procedures, work with heavy or dangerous machinery, work as a safety inspector, work with children, work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check, pursuant to F.S. 110.1127, or a job assignment in which a momentary lapse in attention could result in injury or death to another person. 11. "Medical Review Officer (MRO)" means a licensed physician with knowledge of prescription drugs, pharmacology and toxicology of drugs, who may be responsible for receiving and reviewing all positive confirmed test results and who may be responsible for contacting all individuals who test positive in a confirmation test to inquire about possible medications which could have caused a positive result. The MRO need not be an employee of the City. 67 City PBA Page 515 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 12. "Prescription or Nonprescription Medication" means a drug or medication obtained pursuant to a prescription as defined by F.S. 893.02 or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments, or injuries. 13. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing may not be required except upon the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Among other things, such facts and inferences may be based upon: a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being underthe influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated. d. Evidence that an individual has tampered with a drug test during employment with the current employer. e. Information that an employee has been involved in an accident while at work: i. If a bargaining unit member is involved in an accident in which the member was driving a City owned vehicle, and any one of the following occurs: an individual dies, an individual suffers a bodily injury and receives medical treatment away from the scene of an accident, one or more vehicles (whether operated by a City employee or not) incurs damage as the result of the occurrence, or is transported away from the scene by a tow truck or other vehicle, and under any circumstances when the bargaining unit member is issued a traffic citation. ii. An order to submit to post accident testing can be made by a Police Sergeant or higher rank. Any bargaining unit member ordered for a post- accident drug test may, at the member's option, be accompanied to the testing by an available Union Representative. The Union Representative shall act as a quiet observer to the testing procedure and shall not interfere with the testing procedures or direct questions or comments to the testing 68 City PBA Page 516 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 personnel. The unavailability of a Union Representative shall not preclude the post -accident drug testing from taking place. iii. Refusal to submit to an order for post -accident drug testing, or intentionally delaying a post -accident drug test can result in termination; however, nothing herein shall abrogate a bargaining unit member's right to challenge the results of the drug test. f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment. 14. "Special -Risk Position" means a position that is required to be filled by a person who is certified under Chapter 633, Fire Prevention and Control or Chapter 943, Department of Law enforcement. 15. "Specimen" means a tissue or product of the human body including blood, urine, or saliva capable of revealing the presence of alcohol and/or illegal drugs or their metabolites. 16. "Stepping Forward" means that an employee comes forward and requests assistance for substance abuse prior to being selected for a random drug test, or prior to being ordered to submit to a reasonable suspicion drug test, fitness for duty evaluation, or prior to being involved in an accident or sustaining an injury, which requires drug testing. 1.4 POLICY A. It is the policy of the City that an employee found with the presence of alcohol, illegal drugs, or prescription medication in levels exceeding prescribed dosage in his/her system, in possession of, using, selling, trading or offering for sale illegal drugs or alcohol during working hours, may be subject to disciplinary action up to and including termination. A refusal to submit to a drug test is grounds for immediate termination. An employee reporting for work visibly impaired and that is unable to properly perform required duties, will not be allowed to work. The supervisor should first attempt to seek another supervisor's opinion of the employee's status. Then the supervisor should consult privately with employee with the observation, to rule out any problem(s) that may have been caused by prescription drugs. If, in the opinion of both supervisors, the employee is considered impaired, the employee should be drug tested by an authorized provider and then provided safe transportation home. An impaired employee must not be allowed to drive and if necessary can be transported home by a supervisor or another employee. 69 City PBA Page 517 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 It is the responsibility of the City's supervisors to counsel with an employee whenever they see changes in performance that suggest a potential employee problem. The supervisor may suggest that the employee voluntarily seek help from the employee assistance program or decide that the severity of the observed problem is such that a formal referral to the EAP should be made. B. Use of Prescription Medication/Drugs While on Duty 1. Prescription drugs prescribed by the employee's physician, who is licensed to practice medicine in the United States, may be taken during working hours in strict accordance with the provisions of the Policy. Employees should never use intoxicants or drugs that could cause impairment during work hours. An employee who is using a prescription medication while on the job shall do so in strict accordance with medical directions. 2. It is the employee's responsibility to notify the prescribing physician of his/her job requirements/functions to ensure that the physician approves the use of the prescription medication while the employee is performing his/herjob duties. It is recommended that the employee provide his/her physician with a copy of the FDLE standards for law enforcement officers so the physician is aware of the physical requirements of the position. 3. It is the employee's responsibility to immediately notify the Director of Human Resources and Risk Management or designee when (s)he is prescribed any medication that is considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03. Failure to disclose this information may result in disciplinary action up to and including termination of employment. The Director of Human Resources and Risk Management may require the employee to provide a note from his/her prescribing physician stating that the employee is able to perform the functions of a law enforcement officer while taking the medication as prescribed. 4. The employee shall notify the Director of Human Resources and Risk Management or designee if the use of his/her properly prescribed medications/drugs (other than those considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03) will affect the employee's work performance. 5. If the prescribing physician determines that the employee cannot perform his/her job duties without impairment while taking the prescribed medication, then the employee will be required to use his/her sick and/or FMLA leave, or unpaid leave if his/her leave pools are exhausted, until (s)he can return to work. If the 70 City PBA Page 518 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 employee reports to work, the City will presume that the employee is not impaired. 6. Abuse of prescription drugs will not be tolerated. A. Conditions of Pre -Employment The City will conduct a pre-employment screening examination designed to prevent hiring individuals who use drugs. 1. To determine the suitability of employees to work for the City the following pre-employment conditions are established: a) Job Applicants in mandatory -testing positions, safety -sensitive positions, and/or special -risk positions will be tested prior to employment for drug use and alcohol use. b) Any job applicant, as defined in the above -section, who refuses to submit to drug and alcohol testing as part of the pre-employment testing process will be refused employment. c) Any job applicant who tests positive for drugs or alcohol use will be refused employment. d) Confidentiality will be maintained pursuant to this policy. B. Employee Compliance It shall be a condition of continued employment for all employees to submit to drug and alcohol screening under the policy. If there is a conflict between this policy and the collective bargaining agreement, the collective bargaining agreement shall control. Refusal to submit to drug testing is grounds for immediate termination. Refusal to submit to drug testing is not a waiver of the employee's right to challenge both the order and the test outcome. C. Employee Assistance Program The City offers an Employee Assistance Program (EAP) which provides help to employees and their families who suffer from various difficulties including alcohol or drug abuse. In addition to the City's EAP Program, below is a list of local assistance programs and local drug and alcohol rehabilitation programs: 71 City PBA Page 519 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 a) Narcotics Anonymous Help Line : 561-848-6262 b) Drug Abuse Foundation of Palm Beach County: 561-278-0000 c) Palm Beach AI-Anon/AI-a-Teen Information :561-882-0308 d) Alcoholics Anonymous (Palm Beach County) :561-655-5700 e) Comprehensive Alcoholism Rehabilitation Program :561-844-6400 It is the responsibility of each employee to seek assistance before drugs and alcohol lead to performance problems. 1. Use of the employee assistance program, on a voluntary basis, will not affect the determination of appropriate disciplinary action. 2. An employee's decision to seek assistance from the Employee Assistance Program on a voluntary basis prior to any incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding. On the other hand, using EAP will not be a defense to the imposition of disciplinary action where facts providing violation of this policy are obtained outside of the EAP. Accordingly, the purpose and practices of this policy and the EAP are not in conflict but are distinctly separate in their applications. 3. Through the EAP, the City will provide appropriate assessment, referral to treatment, and treatment of drug and alcohol abuse. 4. Upon successful completion of a drug and/or alcohol treatment program an employee may be released to resume work but will be subject to drug testing on a random, periodic basis, at least quarterly, and for up to two years thereafter as a condition of continued employment. These stipulations may be incorporated in a Last Chance Agreement. 5. An individual's participation in the program will not be made part of any personnel records and will remain confidential to the extent necessary to comply with this policy. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records and be retained in a separate file as provided by law. D. Management's Responsibility The City will maintain screening practices to identify employees who use illegal drugs or abuse alcohol. Department Heads are responsible for implementing this Drug Free Work Place policy. It is the responsibility of the supervisors to observe the behavior 72 City PBA Page 520 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well-being of employees and the community. 1. Supervisors are responsible for maintaining a safe work environment by monitoring employees' behaviors and performance. 2. In the event a supervisor has a reasonable suspicion that an employee maybe under the influence of drugs or alcohol, the employee must be sent for reasonable suspicion drug testing. A form for documenting cause for a reasonable suspicion drug test is attached. 3. In all cases when an employee is to be removed from duty for drug testing, the Department Head and Human Resources & Risk Management should be immediately notified. E. Employee's Responsibility 1. It is each employee's responsibility to be fit for duty when reporting for work and to inform his/her supervisor if (s) he is under prescription or non- prescription medication which may affect job performance. 2. In the event an employee observes behavior in another employee, which raises a doubt as to that employee's ability to perform work in a safe, reliable and trustworthy manner, the employee should report this behavior to his/her supervisor. 3. Employees, who enter drug or alcohol treatment and/or rehabilitation program voluntarily at the request or insistence of the City or, as a condition of continued employment are required to fully participate in and complete the recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment of the treatment and/or program. If the employee fails to comply with the treatment and/or program, the employee will be subject to discipline, up to and including termination. F. Medical Review Officer's (MRO) Responsibilities 1. The MRO will review all information from the testing laboratory in the event of a positive, confirmed test. The MRO will review any information from the employee or job applicant regarding the use of medication or other relevant medical information set forth in the form submitted prior to drug testing. 2. The MRO may request that the testing laboratory provide quantification of 73 City PBA Page 521 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 test results. 3. The MRO will provide confirmed test results to the Human Resources representative from the City. 1.5 PROCEDURE In order to maintain a drug and alcohol free work environment, the City will test for the presence of alcohol and drugs in the following circumstances: 1. Pre-employment: Job applicants who have been offered a position of employment and whose job requirements are that of a mandatory -testing, safety -sensitive, or special -risk position are required to take a drug and alcohol test. 2. Reasonable suspicion: Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test. 3. Post -incident: Employees are required to take a drug and alcohol test when the employee is involved in a job-related incident consistent with Section 1.3, 13.e.i. and whenever there is discernible property damage unrelated to a motor vehicle accident. 3. Random Testing: Employees are subject to random drug testing. On a monthly basis, a designated Police Officer uses www.random.org to generate a list of three (3) PBA members who will be randomly tested for that month. A Union Representative signs off on this list. In addition, members assigned to Vice are tested once every six (6) months. 4. Fitness for duty. All employees who are subject to routine annual medical examinations are required to take a drug and alcohol test as part of their medical examination. 5. Follow-up: All employees who have been referred to an employee assistance program or rehabilitation program by the City for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly basis for up to two (2) years after their return to work. These stipulations may be codified in a Last Chance Agreement. A. Consequences of Refusing a Drug Test 1. An employee who refuses to submit to a drug and alcohol test will be subject 74 City PBA Page 522 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 to immediate termination. An employee who refuses to submit to a drug test forfeits his/her eligibility for all workers' compensation medical and indemnity benefits. 2. A job applicant, as defined in section 1.3, #9, who refuses to submit to a drug and alcohol test will not be hired. B. Actions Following a Positive Confirmed Test The City may administer disciplinary action, up to and including termination, for any employee who has a positive, confirmed drug or alcohol test. C. Confidentiality Confidentiality of records concerning drug and alcohol testing will be maintained to the extent necessary to comply with this policy. All information, reports, memos and drug test reports, written or otherwise, received by the City through the drug testing program will be kept confidential as provided by law. The City's Employee Assistance Program, laboratories, drug and alcohol rehabilitation programs who receive or have access to information concerning drug test results shall keep all information confidential. No such information will be released unless there is a voluntary written consent, signed by an employee or job applicant, except where such release is compelled by a court pursuant to an appeal taken under this section, or where deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The City will maintain records concerning drug testing separate and apart from an employee's or job applicant's file. D. Rer)ortinR of Use of Medication Employees and job applicants may confidentially report the use of prescription or non- prescription medication both before and after having a drug test. E. Notice of Common Medications A list of most common medications, by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test, is listed below in section H. Employees and job applicants should review this list prior to submitting to a drug test. 75 City PBA Page 523 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 F. Medication Information An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and non-prescription information. G. Employee Assistance Program Refer to the Employee Assistance Program Policy for the name, address and telephone number of the City's current provider or contact the Human Resources and Risk Management Department. H. Drugs to be Tested In accordance with F.S. 893.03 as amended from time to time, the following is an illustrative and non -exhaustive list of drugs that will be tested: 1. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors, resulting in a 0.04 or higher. A positive Breath Alcohol Test will be confirmed by a Blood Alcohol Test. 2. Amphetamines 3. Cannabinoids 4. Cocaine 5. Phencyclidine (PCP) 6. Hallucinogens 7. Opiates 8. Methaqualone 9. Barbiturates 10. Benzodiazepines 11. Synthetic Narcotics 12. Designer Drugs 13. A metabolite on any substance listed herein 14. Anabolic/Androgenic Steroids. A list of drugs by brand names or common names includes: Opium Dover's Powder, Paregoric, Parepectolin Morphine Morphine, Pectoral Syrup Codeine Tylenol with Codeine, Empirin with Codeine, Robitussan A -C, Hydrocodone, Coke Crack Heroin Diacetylmorphine, horse, smack Hydromorphone Dilaudid Meperidine Demerol, Mepergan 76 City PBA Page 524 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Methadone Dolophine, Methadone, Methadose Other Narcotics Laam, Leritine, Numorphan, Percodan, Tussiones, Fentanyl, Darvon, Talwin, Lomotil, Lorcet, Vicodin, Percocet Chloral Hydrate Noctec, Sommos Barbiturates Phenobarbital, Tuinal, Amvtal, Nembutal, Seconal, Lotusate Benzodiazepines Atavan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril Methaqualone Quaalude Methamphetamine Methyl Ice Glutethimide Doriden Other Depressants Equanil, Miltown, Noludar, Placidyl, Valmid NEW DRUGS - New drugs will be added to the list of controlled substances based on amendments to the Florida Statutes and/or any federal law, rule, regulation or procedure after a review with the Labor -Management Committee. PRESCRIPTION DRUGS Many prescription drugs can alter or affect drug tests. Due to the large number of obscure brand names and the constant marketing of new products, this list is illustrative and not exhaustive. Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol content. Amphetamines: Pbetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Lonamine, Fastin. Cannabinoids: Marinol (Dronabinol, THC). Cocaine: Cocaine, HCI topical solution (Roxanne) Phencyclidine: Not legal by prescription Methaqualone: Not legal by prescription Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine, Emperine with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Diluadid (Hydromorphone), MS Contin and Roxano (morphine sulfate), Percodan, Vicodin, Tussiorganidine, etc. Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl, Fioricet, Esgic, Butisol, Mebarel, Butabarbital, Butalbital, Phrenilin, Triad, etc. Benzodiazepine: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tanzene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax, etc. Methadone: Dolophone, Metadose, etc. Propoxyphene: Darvocet, Darvon N, Dolene, etc. ANABOLIC/ANDROGENIC STEROID TESTING 77 City PBA Page 525 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act (CSA) as of February 27, 1991. An employee or job applicant who is contacted by the MRO may confidentially report the use of prescription medication(s) because the presence of these medications in the body may have affected the outcome of the test. I. Challenge of Test Results 1. An employee or a job applicant who receives a positive confirmed test result may, within five (5) working days, submit information to the Director of Human Resources & Risk Management explaining or contesting the test result and explaining why the test result does not constitute a violation of the City's policy. 2. If the explanation or challenge of the employee or job applicant is unsatisfactory to the City, the City will provide a written explanation as to why the employee or job applicant's explanation is unsatisfactory, and a copy of the report of positive confirmed test results will be provided to the employee or job applicant. 3. An employee may further challenge the results of the test in a court of competent jurisdiction or, if the drug was administered due to a workplace injury, by filing a claim for benefits with a judge of compensation claims, pursuant to Chapter 440, Florida Statutes. 4. If an employee or job applicant contests the drug test results he/she must promptly notify the Medical Review Officer (MRO). 78 City PBA Page 526 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ADDENDUM "B" MUTUAL CONSENT AGREEMENT Use of Insurance Premium Tax Revenue This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH, a Florida municipal corporation, whose mailing address is P.O. Box 310, Boynton Beach, FL 33425 (the "City") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") POLICE OFFICERS AND DETECTIVES AND POLICE SERGEANTS. WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of Florida), hereinafter "Legislation" regarding the use of insurance premium tax revenue ("IPTR"); and WHEREAS, the City has a retirement pension plan and fund for police officers known as the Boynton Beach Police Officers' Pension Fund ("Fund") that exceeds the minimum benefits and minimum standards established by the State of Florida for public employee police pension plans as set forth in chapter 185, Florida Statutes; and WHEREAS, the Legislation provides that use of IPTR, including any accumulations of additional premium tax revenues, which have not been allocated to fund benefits in excess of the minimum benefits, may deviate from the provisions of the Legislation by mutual consent of the members' collective bargaining representative (PBA). NOW THEREFORE, the City and PBA Unions agree as follows: 1. The foregoing Whereas clauses are correct. 2. The total of ninety thousand dollars ($150,000) of IPTR, whether base premium tax revenue or additional premium tax revenue, received by the City will be used to reduce the City's unfunded liability to the Boynton Beach Police Officers' Pension Fund. These funds will be provided to the City in increments of fifty thousand dollars ($50,000) in November 2022, November 2023, and November 2024. 3. This Consent Agreement takes effect when signed by PBA and City. Signature Page Follows 79 City PBA Page 527 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 SIGNATURE PAGE for MUTUAL CONSENT AGREEMENT Use of Insurance Premium Tax Revenue CITY OF BOYNTON BEACH James Stables, Interim City Manager BOYNTON BEACH POLICE OFFICERS AND DETECTIVES AND POLICE SERGEANTS Palm Beach County PBA Representative ATTEST: Maylee DeJesus, City Clerk APPROVED AS TO LEGAL FORM: City Attorney 80 City PBA Page 528 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 ADDENDUM "C" TUITION ASSISTANCE PROGRAM 1.1 PURPOSE To provide financial assistance, when such funding is appropriated and approved in the City's Human Resources Department's annual budget, to eligible full-time regular employees, who are enrolled in an undergraduate or graduate degree program at an accredited college or university and when the attainment of such degree is determined by the City to be directly beneficial to the employee's current job or for an advanced job in the City within their career path. This program is at the sole discretion of the City and may be suspended or cancelled at any time. 1.2 SCOPE (Modified for PBA Officers and Detectives) Employees who are eligible to participate in this program are full time, non -probationary, employees covered under a PBA Collective Bargaining Agreement. Employees must be "in good standing" with the City at the time of application through the time of reimbursement in order to receive reimbursement through this program. 1.3 DEFINITIONS a. Accredited college or university: A college or university that has attained accreditation as documented by inclusion in the U.S. Department of Education's Office of Post -secondary Education (OPE) Database of Accredited Postsecondary Institutions and Programs (https://ope.ed.Eov/accreditation/Search.aspx). The Director of Human Resources and Risk Management reserves the right to consider and approve or deny any college or university that is not listed in this database. b. Full-time: An employee who is in a job classification designated as full-time and who is scheduled to work a minimum of thirty-six (36) hours per work week. c. "In good standing": An eligible employee who: 1. Is actively employed on the date of program enrollment and through the date of reimbursement; 2. Has not been in an unpaid leave status of more than sixteen (16) hours for any calendar week from the date of program enrollment through the date of reimbursement; and 3. For one (1) year prior to the date of program enrollment and through the date of reimbursement, has not received sustained discipline of an unpaid suspension for more than twenty-four (24) hours or three (3) days and has not been demoted for disciplinary reasons. 81 City PBA Page 529 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 d. Non -probationary: An employee who has successfully completed his/her initial one (1) year probationary period. Employees who are on a probationary period solely due to a promotion or reclassification and who have already been employed with the City in a full- time position for more than one (1) year are considered "non -probationary" for purposes of this policy. 1.4 POLICY A. This Policy supersedes and replaces Administrative Policy 04.01.03. The Tuition Assistance Program is coordinated by the City's Human Resources and Risk Management Department. In order to be considered for participation in this program, eligible employees must enroll, adhere to all applicable procedures, and sign a participation agreement to acknowledge program requirements and obligations. Each fiscal year that this program is funded, the Director of Human Resources and Risk Management will establish the current eligible reimbursement expenses and amounts and will set the fiscal year per person maximum reimbursable amounts. This information, titled Addendum: Tuition Assistance Program Current Reimbursement Year Expenses and Amounts, will be updated and maintained as part of this policy. Applications will be considered in the order in which they are received. Available funds will be reimbursed until the end of each funded fiscal year or until funds are exhausted, whichever comes first. The interpretation and administration of this policy shall be the responsibility of the Director of Human Resources and Risk Management. Participation in the Tuition Assistance Program is voluntary, and no aspect of this policy or program is subject to any grievance or appeal process. B. The budgeted Tuition Assistance Program funding will be split into two separate pools so reimbursement opportunities can be fairly appropriated based on typical academic calendars. If funding remains available after processing all eligible and approved Period Two Reimbursements, applications for Period One Reimbursements that were eligible but not reimbursed will be reconsidered. • Reimbursement Period One: For course dates between August and December o Deadline for submitting Reimbursement Applications: January 31" o Final reimbursement issued in February • Reimbursement Period Two: For course dates between January and July o Deadline for submitting Reimbursement Applications: August 3111 o Final reimbursement issued in September C. The following courses are ineligible for reimbursement under all circumstances, even if they are a requirement for obtaining a degree: 82 City PBA Page 530 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 1. Course that is covered by any non-refundable financial aid, scholarship, or other governmental assistance; 2. Seminar; 3. Internship; 4. Course that earns only Continuing Education Credits (CEUs); 5. Exam preparation course or entrance exam; 6. Course taken as "audit only"; 7. Course graded only as "Pass/Fail"; 8. Course issuing credit only as "Life Experience" and/or "Portfolio"; 9. Course fulfilling only a physical education or sexual education requirement; 10. Course taken that is not part of an employee's approved undergraduate or graduate degree program; and 11. Course taken by an employee who is not enrolled in an undergraduate or graduate degree program. D. The letter grades an employee earns upon completion of an approved course determines the percentage of reimbursement that will be applied to eligible expenses. • A= 100 • B = 75% • C = 50% • D = 0% (ineligible for reimbursement under this policy) • F = 0% (ineligible for reimbursement under this policy) An employee who receives an "Incomplete" or who withdraws from a course is not eligible for reimbursement under this policy. E. Any tuition assistance provided to an employee pursuant to this policy up to a maximum of amount of $5,250.00 in any calendar year is excluded from tax; any amount received in excess of $5,250.00 in any calendar year will be treated as taxable income, as required by the Internal Revenue Service (IRS). F. An employee who separates employment for any reason other than a City -initiated layoff or termination within twenty-four (24) months of receiving any amount of financial assistance pursuant to this policy, authorizes the City to deduct the amount(s) of such reimbursement(s) from any amount of payout to which (s)he would have otherwise been entitled. An employee who is not eligible for payout or who does not have sufficient payout value from which to deduct the reimbursed amount(s) is obligated and required to repay the City. G. Deadlines are not negotiable and will not be extended. It is solely an employee's responsibility to timely submit enrollments, agreements, reimbursement applications, and other required documentation for participation in this program. No employee should 83 City PBA Page 531 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 expect or rely upon the City, Human Resources, or any other person to "remind" him/her of this program's requirements and/or deadlines. 1.5 PROCEDURES a. This program is at the sole discretion of the City and may be suspended or cancelled at any time. b. A Tuition Assistance Program Participation Enrollment Form and Tuition Assistance Program Agreement are required to be submitted by any eligible employee who is interested in seeking reimbursement pursuant to this policy. The purpose of the Participation Enrollment Form is for Human Resources and Risk Management to evaluate whether or not an employee meets participation requirements of the program. The purpose of the Agreement is to confirm that an employee understands the program and his/her obligations pursuant to enrollment and reimbursement. The Participation Enrollment Form and the Program Agreement are required to be submitted each funded fiscal year in which the employee is interested in participating. No reimbursement will be considered without a current approved participation enrollment form and signed program agreement. 1. Human Resources will log completed Participation Enrollment Forms and Program Agreements in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Enrollments" tab. 2. Human Resources will review the Participation Enrollment Forms and will confirm, and log eligibility on the "Enrollments" tab. 3. Human Resources will notify employees in writing of their participation approval or denial. If an employee is denied, the reason for the denial will be included. c. A separate Tuition Assistance Program Reimbursement Application is required to be submitted for each course for which an employee is requesting reimbursement. These Reimbursement Applications are accepted on a rolling basis per Reimbursement Period, and all required documentation is required to be submitted with each Reimbursement Application. The submission of a Reimbursement Application does not guarantee reimbursement. d. Completed Reimbursement Applications with required documentation must be submitted via electronic mail to: hr(cbbfl.us with the subject line: Tuition Assistance Program. 1. Human Resources will assign each Reimbursement Application a tracking number based upon date and time of receipt: TAP-YYYY-MM-DD-###, wherein TAP means 84 City PBA Page 532 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 Tuition Assistance Program, YYYY means calendar year, MM means calendar month, DD means calendar day, and ### indicates the number of the request received on the specified date. For example, the first request received on October 1, 2017 would be assigned the tracking number: TAP -2017-10-01-001. 2. Human Resources will review Reimbursement Applications in the order in which they are received. Incomplete Reimbursement Applications or Reimbursement Applications submitted without required documentation will be returned via electronic mail to the employee, who will need to resubmit a completed Reimbursement Application with supporting documentation in order to be considered for reimbursement. A new tracking number will then be assigned based on the date of receipt of the completed Reimbursement Application with required documentation. 3. Human Resources will separately log each course Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Applications" tab. i. Human Resources will reconfirm an employee's eligibility. The course Final Grade, Credit Hours, and Book(s) Cost will be logged on the "Applications" to b. ii. Human Resources will log the eligible reimbursement amounts for credit hours and textbook(s) and will calculate a total eligible reimbursement amount. e. Reimbursement Processing will begin for the Reimbursement Period One following the January 31st deadline for submitting Reimbursement Applications. Human Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirm an employee's eligibility. ii. Human Resources will log each eligible Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Reimbursements" tab up to the Maximum Per Person Allowable Reimbursement Amount (see Addendum for these Amounts). This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period One has been depleted. iii. Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals and processing by Finance. 85 City PBA Page 533 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 iv. Finance will process all approved Period One Reimbursements in February. v. If funds are remaining in the allocated Program Budget Balance following Period One Reimbursements, Human Resources will add this remaining balance to the beginning Program Budget Balance for Period Two Reimbursements. f. Reimbursement Processing will begin for the Reimbursement Period Two following the August 311t deadline for submitting Reimbursement Applications. Human Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirm an employee's eligibility. ii. Human Resources will log each eligible Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Reimbursements" tab up to the Maximum Per Person Allowable Reimbursement Amount (see Addendum for these Amounts). This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period Two has been depleted. iii. If funding remains available after processing all eligible and approved Period Two Reimbursements, Human Resources will reconsider Period One Reimbursement Applications that were eligible but not reimbursed due to that period's allocated budget limitations. iv. Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals and processing by Finance. v. Finance will process all approved Period Two Reimbursements in September. 86 City PBA Page 534 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 FOR FISCAL YEAR REIMBURSMENT: October 1, 2022 — September 30, 2025 Applications will be considered on a rolling basis for enrollment in courses in which classes began on or after August 1st of each year. In orderto be eligible for reimbursement all documentation required to process a reimbursement must be received on or by the thirtieth (30t") day following the last date of the term/session for the course(s) for which reimbursement is being requested. In no case will reimbursements be processed outside of the fiscal year. ELIGIBLE REIMBURSABLE EXPENSES AND AMOUNTS: Copies of original receipts are required for reimbursement. Failure to provide proper documentation will result in ineligibility for reimbursement. Tuition and Fees: (maximum per credit hour reimbursement based on course grade) Final Course Grade: A B C Associate Degree Course: $114.04 $ 85.53 $ 57.02 Bachelor Degree Course: $179.90 $134.93 $ 89.95 Graduate Degree Course: $336.77 $252.58 $168.39 Required Course Textbook(s): (maximum reimbursement per course based on course grade) Final Course Grade: A B C Per Course: $150.00 $112.50 $ 75.00 MAXIMUM PER PERSON ALLOWABLE REIMBURSEMENT PER FUNDED FISCAL YEAR No employee will be reimbursed for more than twelve (12) credit hours per funded fiscal year and are subject to the following fiscal year per person maximum credit hour reimbursement amount based on degree: • Associate Degree: $1,368.48 • Bachelor Degree: $2,158.80 • Graduate Degree: $4,041.24 No employee will receive more than $600.00 for textbook reimbursement per funded fiscal year. 87 City PBA Page 535 of 1276 PBA Sergeants: 10/01/2022 — 09/30/2022 SIGNATURE PAGE Agreed to this day of 2022, by and between the respective Parties through the authorized representatives of the PBA and the City. Witness Witness Witness Witness APPROVED AS TO FORM AND CORRECTNESS: City Attorney Ratified by City Commission Date 88 City PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION By: John Kazanjian, President By: Katie Mendoza, Legal Counsel By: Ty Penserga, Mayor ATTEST: Maylee De Jesus, City Clerk James Stables, Interim City Manager Ratified by Union Date PBA Page 536 of 1276 6.E. Consent Agenda 9/22/2022 Requested Action by Commission: Proposed Resolution No. R22-131 - Approve and authorize the Mayor to sign subrecipient agreements for the Community Development Block Grant (CDBG), FY2022 One Year Annual Action Plan, as adopted in resolution R22-100. Explanation of Request: Local nonprofit service providers of CDBG eligible services and programs to benefit low -to -moderate income residents of the City of Boynton Beach have submitted grant applications requesting funds to assist in the delivery of their services. As the result of approval, they have provided budgets and scopes of services and are contracting with the City of Boynton Beach to be reimbursed. The City will reimburse the following agencies for services provided: Alzheimer's Community Care, Inc. $25,000.00 Pathways to Prosperity, Inc. $55,000.00 Total Subrecipient Funding $80,000.00 How will this affect city programs or services? The CDBG Program's purpose is to assist the City of Boynton Beach meet the needs of its lower income residents. The agencies that are being funded will offer various forms of assistance that are considered public service. These agencies request funding to provide for staffing cost related to the program. Fiscal Impact: The City will reimburse the following agencies for services provided: Alzheimer's Community Care, Inc. $25,000.00 Pathways to Prosperity, Inc. $55,000.00 Total Subrecipient Funding $80,000.00 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 Grant Amount: $547,207.00 Page 537 of 1276 Attachments: Type D IRE)S()�I LA ti 0 II'l D AddE)indUlirn D AddE)indUlirn D AddE)indUlirn D AddE)indUlirn Description IRE)SOkAboin appiroviing CUBC.,) SL.Jbir'E)CitPiE)l['It (3raint Agir'E)E)irTIE)l['ItS for IF:::X 2022 Fla thw,-,.iys to FlrosPE)rity, Il111C, SL.Jbir'E)C',ipiEsl['lt Ag r'E)E)irTIE)l['I t NzhE)iirTIE)ir"s CoirnirTILAInity Cair'E), Il111C, SL.Jlbir'Es'CilPiE)Illt Ag r'E)E)irTIE)l['I t l:RE)SC)k.JlbC)I['l IR22 100 1:::Y2022 2026 CoinsoidatEd IRa in aind 1:::Y2022 Alllll'kjda chain IC Ilain IRE)ViSEd Page 538 of 1276 I RESOLUTION R22-131 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN SUB 5 RECIPIENT AGREEMENTS FOR THE COMMUNITY 6 DEVELOPMENT BLOCK GRANT (CDBG), AS ADOPTED IN THE 7 CDBG FY 2022 ONE YEAR ANNUAL ACTION PLAN, AS ADOPTED 8 IN RESOLUTION R22-100; AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 WHEREAS, local nonprofit service providers of CDBG eligible services and programs to 12 benefit low -to -moderate income residents of the City of Boynton Beach have submitted grant 13 applications requesting funds to assist in the delivery of their services; and 14 WHEREAS, The CDBG Program's purpose is to assist the City of Boynton Beach meet 15 the needs of its lower income residents; and 16 WHEREAS, City Staff is recommending to enter into Agreements with two qualified 17 sub -recipients, who have previously submitted all necessary documentation required, including 18 budgets, scopes of services, and timelines for performance. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 25 authorize the Mayor to sign Agreements between the City of Boynton Beach, Florida and sub - 26 recipients, as follows: 27 1. Alzheimer's Community Care, Inc. $ 25,000.00 S:ACA\RESO\Agreements\Grants\CDBG - SubRecipient Agreements (2022) - Reso.docx 1 Page 539 of 1276 28 2. Pathways to Prosperity, Inc. $ 55, 000.00 29 TOTAL SUB -RECIPIENT FUNDING $ 80,000.00 30 31 Section 3. This Resolution will become effective immediately upon passage. 32 PASSED AND ADOPTED this day of September, 2022. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ATTEST: 52 53 54 Maylee De Jes6s, MPA, MMC 55 City Clerk 56 57 58 (Corporate Seal) 59 60 61 62 63 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE YES NO Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\CDBG - SubRecipient Agreements (2022) - Reso.docx 2 Page 540 of 1276 COMMUNITY DEVELOPMENT BLOCK GRANTAGREEMENT Between CITY OF BOYNTON BEACH and PATHWAYS TO PROSPERITY, INC. THIS AGREEMENT entered into this day of , 20_ is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and PATHWAYS TO PROSPERITY, INC. hereinafter referred to as "the SUBRECIPIENT," having its principal office at 639 East Ocean Avenue, Suite 101 Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 27-3550271 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, 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 HUD. 1.7 "24 CFR Part 570" refers to the Section of the Code of Federal Regulations pertaining to the U. S. Department of HUD. Page 541 of 1276 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. 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 Fifty -Five Thousand Dollars and 00/100 ($55,000.00). 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 Fifty -Five Thousand Dollars and 00/100 ($55,000.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from the federal CDBG Program, the services provided with this funding will be to serve low -to -moderate income (LMI) individuals that are 80% or below the area median income (AMI). A signed and dated household income certification form or proof of income (e.g. pay stubs, retirement benefits, etc.) from Individuals served, is required to be kept in individual's file. Funds are subject to HUD's approval of the CITY's CDBG FY2022 Annual Action Plan and reimbursements approved and funded through HUD's Integrated Disbursement and Information System (IDIS). The SUBRECIPIENT agrees to reimburse the CITY in full all funds remitted to the SUBRECIPIENT if all the conditions under this Agreement are not met. 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 (January 15, 2023, April 15, 2023, July 15, 2023, and October 15, 2023) or unless there is a mutual agreement otherwise. Page 542 of 1276 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. 3.3 Prior to receipt of Community Development Block Program funds (through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Reports (due on January 15, 2023, April 15, 2023, July 15, 2023, and October 15, 2023). b. All back up original documentation relating to the expenditures being requested. 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 October 1, 2022 to September 30, 2023. 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 the CDBG subrecipient policies and procedures and 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 Page 543 of 1276 SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement, including Individuals income certification documentation, low -to moderate income (LMI) individual's application for services, etc. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning Bradstreet Data Universal Numbering System (DUNS), Unique Entity Identifier (UEI), and System for Award Management (SAM) database, as set forth on 2 CFR Part 2, and the Federal Funding Accountability and Transparency Act. (FFATA) 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, Page 544 of 1276 or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. 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 Page 545 of 1276 period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 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" 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 Page 546 of 1276 low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers 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, general liability certificate(s) of insurance evidencing current coverage that meets City's insurance requirements. City's insurance requirements can be found at: https://www.boynton- beach.org/gatherguard/gatherguard-liability-insurance-program 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 Page 547 of 1276 b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. 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 Page 548 of 1276 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 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. Page 549 of 1276 9.18 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Florida Statutes. In accordance with state law, SUBRECIPIENT agrees to: 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, Florida Statutes, 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 Agreement if the SUBRECIPIENT does not transfer the records to the CITY. d) Upon completion of the contract, transfer, at no cost, to the CITY all public records in possession of the SUBRECIPIENT or keep and maintain public records required by the CITY to perform the service. If the SUBRECIPIENT transfers all public records to the CITY upon completion of the contract, SUBRECIPIENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. e) If the SUBRECIPIENT keeps and maintains public records upon completion of the contract, the SUBRECIPIENT shall meet all applicable requirements for retaining public records. All records stored electronically by the SUBRECIPIENT 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. The failure of the SUBRECIPIENT to comply with the provisions set forth in the Agreement shall constitute a Default and Breach of the Agreement, for which, the CITY may terminate the Agreement. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK PO BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061 CITYCLERKBBL.US 9.19 Scrutinized Companies: By execution of this Addendum, the SUBRECIPIENT certifies that it is not participating in a boycott of Israel. The SUBRECIPIENT further certifies that it is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has the SUBRECIPIENT 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. Failure to comply shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to SUBRECIPIENT of the CITY's determination Page 550 of 1276 of failure to comply. The SUBRECIPIENT shall have five (5) days from receipt of notice to refute such allegation. If such false certification is discovered during the active contract term, the SUBRECIPIENT shall have ninety (90) days following receipt of the notice to respond. If the SUBRECIPIENT 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. 9.20 E -Verify: The SUBRECIPIENT 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. a. Definitions for this Section. i. "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. ii. "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. iii. "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. b. 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: i. All persons employed by a Contractor to perform employment duties during the term of the contract; ii. All persons (including subvendors / subconsultants/ subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not Page 551 of 1276 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. 9.21 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 552 of 1276 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of 20_. WITNESSES: 0 Print Subrecipient Agency Print Subrecipient Agency Title Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 20_7 by Personally Known _ OR Produced Identification _Type of Identification Produced Seal ATTEST: City Clerk Approved as to form: NOTARY PUBLIC Signature Print CITY OF BOYNTON BEACH, FLORIDA By: City Attorney Mayor's Signature Page 553 of 1276 ATTACHMENT A Scope of Services Agency Name: Pathways to Prosperity, Inc. Program Name: Circles Palm Beach County Overview: Circles Palma Beach County has a goal of reducing the r7Un7ber, of families in poverty by 10% in 10 years and is based on a proven nationwide n7odel that empowers people in poverty to build intentional relationships across ir7COn7e and class lines. An70r7g current Circles participants, all increased their, ir7COn7e within the first 3 months, and 66% of therm doubled their, ir7COn7e or, More since starting the programa. Scope of Services: Circles employees, known as Coaches, Match under -resourced individuals and fan7ilies, known as Circle Leaders, with Middle- to upper -ir==e COMMUM I ty volunteers, known as Allies, to establish relationships that cross class lines, create n7ultidin7ensional support systen7S, give access to new ways of thinking and open up new possibilities for, people living in poverty. The programa brings Circle Leaders, Allies and Coaches together, as an intentional team for, a n7ir7iMUM of 18 Months to look at poverty in a More holistic Manner, as well as to explore how to build a long-term vision for, their, future both individually and as a COMMUM I ty. Each Circles cohort of 15-25 fan7ilies begins with Circle Leaders and their, Coaches participating in a 1548 week training together'. After, completing the training period, Circle Leaders are thoughtfully Matched with an Ally. Circle Leaders and their, fan7ilies set the direction for, activities and, together, with their, Allies, develop an action plan to get out of poverty, with the support of a Circles Coach who provides ongoing case n7anagen7ent and access to resources. Allies support fan7ilies in achieving goals to accomplish their, plan. Leaders and Allies n7eet=r7thly, at n7ir7iMUM, to build relationships, review goals and steps, discuss and problen7--solve barriers to getting out of poverty, such as improving self-sufficiency, expanding social networks, and enhancing acaden7iC performance of both children and parents. Moving forward, weekly Corr MUr7ity Meetings gather, Circle Leaders, Circle Allies, and other, interested coir MUr7ity Men7bers to provide support and networking opportunities. Big View Meetings are held once per, n70r7th and feature a far-ranging discussion of the causes of poverty in the COMMunity and how to address therm for, the long-term, ren70Vir7g systen7ic barriers in the process. Pathways to Prosperity also provides dinner, childcare, and financial literacy education Page 554 of 1276 for, childr'er7 of Circle Leaders and Allies while their' par'er7ts participate ir7 Circles. Fir7ar7cial literacy for, both childr'er7 and adults is provided through our, partr7ership with An7Tr'ust Bar7k, a divisior7 of 1`aJJew York Corr Mur7ity Bar7k. CDBG funds will be used for: CDBG funds will be used to pay for the salary of employee who oversees the Circles program in Boynton Beach. PROJECT BUDGET Lihe' Item CD8G Funds Requested: Other Project Funds Total Project Budget ADMINISTRATION: Personnel (#1 FTE) $50,000.00 $207,519.00 $257,519.00 Payroll Taxes & Benefits $5,000.00 $57,614.00 $62,614.00 Office Supplies $5,000.00 $5,000.00 Copy Supplies Postage $500.00 $500.00 Telephone $934.00 $934.00 Professional Services fee $46,425.00 $46,425.00 Other (Insurance) $3,200.00 $3,200.00 Other (Facility) $9,040.00 $9,040.00 Other (Admin 9.7%) $42,896.00 $42,896.00 PROGRAM: Program Supplies $38,675.00 $38,675.00 Conference/ professional development $10,400.00 $10,400.00 Misc.-License, Fees, certifications etc. $5,000.00 $5,000.00 TOTALS $55,000.00 $427,203.00 $482,203.00 Notes: 1. Professional fees include Bookkeeping, accounting, social media, website, IT tech support, program evaluation. 2. Other expenses include insurance -$3,200.00, Facility -$9,040.00, Admin -$42,896.00 (combined on digital version). 3. Program expenses include Program supplies -$$10,400.00, Misc.-License, Fees, certifications etc.- $5,000.00. not identified on digital version Page 555 of 1276 COMMUNITY DEVELOPMENT BLOCK GRANTAGREEMENT Between CITY OF BOYNTON BEACH and ALZHEIMER'S COMMUNITY CARE, INC. THIS AGREEMENT entered into this day of , 20_ is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and ALZHEIMER'S COMMUNITY CARE, INC. hereinafter referred to as "the SUBRECIPIENT," having its principal office at 800 Northpoint Parkway, Suite 101-B West Palm Beach, FL 33407 and its Federal Tax Identification Number as 31-1481653. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block (CDBG) Program in the City, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND 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 HUD. 1.7 "24 CFR Part 570" refers to the Section of the Code of Federal Regulations pertaining to the U. S. Department of HUD. Page 556 of 1276 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. 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 Twenty -Five Thousand Dollars and 00/100 ($25,000.00). 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 Twenty -Five Thousand Dollars and 00/100 ($25,000.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from the federal CDBG Program, the services provided with this funding will be to serve low -to -moderate income (LMI) individuals that are 80% or below the area median income (AMI). A signed and dated household income certification form or proof of income (e.g. pay stubs, retirement benefits, etc.) from Individuals served, is required to be kept in individual's file. Funds are subject to HUD's approval of the CITY's CDBG FY2022 Annual Action Plan and reimbursements approved and funded through HUD's Integrated Disbursement and Information System (IDIS). The SUBRECIPIENT agrees to reimburse the CITY in full all funds remitted to the SUBRECIPIENT if all the conditions under this Agreement are not met. 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 (January 15, 2023, April 15, 2023, July 15, 2023, and October 15, 2023) or unless there is a mutual agreement otherwise. Page 557 of 1276 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. 3.3 Prior to receipt of Community Development Block Program funds (through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Reports (due on January 15, 2023, April 15, 2023, July 15, 2023, and October 15, 2023). b. All back up original documentation relating to the expenditures being requested. 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 October 1, 2022 to September 30, 2023. 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 the CDBG subrecipient policies and procedures and 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 Page 558 of 1276 SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement, including Individuals income certification documentation, low -to moderate income (LMI) individual's application for services, etc. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning Bradstreet Data Universal Numbering System (DUNS), Unique Entity Identifier (UEI), and System for Award Management (SAM) database, as set forth on 2 CFR Part 2, and the Federal Funding Accountability and Transparency Act. (FFATA) 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, Page 559 of 1276 or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. 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 Page 560 of 1276 period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 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" 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 Page 561 of 1276 low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers 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, general liability certificate(s) of insurance evidencing current coverage that meets City's insurance requirements. City's insurance requirements can be found at: https://www.boynton- beach.org/gatherguard/gatherguard-liability-insurance-program 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 Page 562 of 1276 b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. 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 Page 563 of 1276 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 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. Page 564 of 1276 9.18 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Florida Statutes. In accordance with state law, SUBRECIPIENT agrees to: 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, Florida Statutes, 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 Agreement if the SUBRECIPIENT does not transfer the records to the CITY. d) Upon completion of the contract, transfer, at no cost, to the CITY all public records in possession of the SUBRECIPIENT or keep and maintain public records required by the CITY to perform the service. If the SUBRECIPIENT transfers all public records to the CITY upon completion of the contract, SUBRECIPIENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. e) If the SUBRECIPIENT keeps and maintains public records upon completion of the contract, the SUBRECIPIENT shall meet all applicable requirements for retaining public records. All records stored electronically by the SUBRECIPIENT 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. The failure of the SUBRECIPIENT to comply with the provisions set forth in the Agreement shall constitute a Default and Breach of the Agreement, for which, the CITY may terminate the Agreement. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK PO BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061 CITYCLERKBBL.US 9.19 Scrutinized Companies: By execution of this Addendum, the SUBRECIPIENT certifies that it is not participating in a boycott of Israel. The SUBRECIPIENT further certifies that it is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has the SUBRECIPIENT 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. Failure to comply shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to SUBRECIPIENT of the CITY's determination Page 565 of 1276 of failure to comply. The SUBRECIPIENT shall have five (5) days from receipt of notice to refute such allegation. If such false certification is discovered during the active contract term, the SUBRECIPIENT shall have ninety (90) days following receipt of the notice to respond. If the SUBRECIPIENT 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. 9.20 E -Verify: The SUBRECIPIENT 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. a. Definitions for this Section. i. "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. ii. "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. iii. "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. b. 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: i. All persons employed by a Contractor to perform employment duties during the term of the contract; ii. All persons (including subvendors / subconsultants/ subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not Page 566 of 1276 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. 9.21 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 567 of 1276 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of 20_ WITNESSES: By: Print Subrecipient Agency Print Subrecipient Agency STATE OF FLORIDA COUNTY OF PALM BEACH Title Title The foregoing instrument was acknowledged before me this _ day of , 20_7 by Personally Known _ OR Produced Identification _Type of Identification Produced Seal ATTEST: City Clerk Approved as to form: NOTARY PUBLIC Signature Print CITY OF BOYNTON BEACH, FLORIDA By: City Attorney Mayor's Signature Page 568 of 1276 ATTACHMENT A Scope of Services Agency: Alzheimer's Community Care, Inc. Project: Family Nurse Navigator Program Scope of work: The Family Nurse Navigator (FNN, formerly Family Nurse Consultant/FNC) program is the portal through which families access dementia -specific services and resources and is an essential component of a comprehensive, family -centered model of care for caregivers and patients living with Alzheimer's Disease (AD). FNNs, licensed nurses with specialized dementia -specific training, provide interventions and dementia -specific care for both the patient and the caregiver. The FNNs work directly with caregivers and patients, providing emotional support, disease education, practical guidance, and connections to community resources throughout all stages of the disease. FNNs are responsible for a wide variety of tasks that include staffing our 24 -Hour Alzheimer's Crisis Line, conducting home visits, completing comprehensive patient/caregiver assessments, developing and providing care plans to maintain patient safety and caregiver wellbeing, educating and training caregivers, consulting with patient's physicians, facilitating Caregiver Support Groups, and providing ongoing interventions and assessments throughout all stages of the disease. FNNs also provide support for the growing number of Alzheimer's patients in our community who are living alone, and lead Caregiver Support Groups for professional guidance and peer support. Additionally, FNNs provide ID Locator Program support for those patients that are at risk of wandering, maintaining close contact with local law enforcement in the event of an elopement. When Alzheimer's strikes, families are thrust into the role of caregiver with no training and minimal understanding of the disease. They are overwhelmed and often depressed. The guidance and support of the FNN Program ensures that every family has a trusted guide to help them navigate the disease. FNNs monitor patients and caregivers regularly, updating individualized care plans as indicated throughout the different stages of the disease progression. FNNs remain with the patient and family throughout the illness; they speak with medical expertise and listen with compassion. The combination of the services provided by FNNs help caregivers to keep their loved one with Alzheimer's in the home with safety and dignity, thereby delaying or avoiding costly nursing home placement. CDBG funds will be used for: CDBG funds will be used to partially pay for the salary for one Family Nurse Navigator who provides services in Boynton Beach. Page 569 of 1276 Alzheimer's Community Care CDBG FY2022 – Family Nurse Navigator Program PROJECT BUDGET Line Item CDB,G Funds Requested Applicant's Match Other Project Funds Total Project Budget ADMINISTRATION: Personnel $25,000.00 $29,641.00 $555,859.00612,140.0 Payroll axes Employee Benefits $103,545.00 $-103,545.00 Office Supplies $4,290.0 47290.00 Copy Supplies 886.0 886.0 Postage 234.0 234.0 Telephone Professional Services $0.0c $0.00 Vehicle Fuel/Mileage/Insurance PROGRAM: Acquisition Reconstruction Rehabilitation Installation Other- her:T TAL TOTALS $25,000.00 $29,641.0 $833,588.0 $889,869.00 Page 570 of 1276 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RESOLUTION R22-100 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE CITY OF BOYNTON BEACH'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FIVE-YEAR CONSOLIDATED PLAN FOR FY2022-2026, THE FIRST YEAR ANNUAL ACTION PLAN FOR FY2022 AND AUTHORIaNG THE INTERIM CITY MANAGER'S EXECUTION OF THE REQUIRED HUD FORMS AND CERTIFICATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach ("City') is in its twenty-sixth year as a Federal Entitlement Community under the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program; and WHEREAS, pursuant to Federal regulations at 24 CFR Part 91 — Consolidated Submissions for Community Planning and Development Programs, the City is required to prepare a five-year Consolidated Plan (the "Plan") which must identify the City's housing and community development needs, prioritize those needs since funding is limited, establish goals and objectives for the funding based on the priorities, and develop a strategic plan for how the funds will be used each year; and 21 WHEREAS, the Annual Action Plan is an application for funding for the CDBG 22 23 24 25 26 27 28 29 30 31 32 33 Program, which identifies activities that will be undertaken each program year of the five-year Consolidated Plan; and WHEREAS, approval of the Annual Year Action Plan will fund services to the community that are eligible under the CDBG program and provided to our community by various organizations; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City adopt the City of Boynton Beach's Community Development Block Grant (CDBG) Five -Year Consolidated Plan for FY 2022-2026 and the First Year Annual Action Plan for FY 2022 and authorizing the Interim City Manager's execution of the required HUD forms and certifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\CDBG Five Year Consolidated -One Year Action Plan 2022-26 - Reso.docx 1 Page 571 of 1276 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the adoption of the City of Boynton Beach's Community Development Block Grant (CDBG) Five -Year Consolidated Plan for FY 2022-2026 and the First Year Annual Action Plan for FY 2022. Section 3. The Interim City Manager is authorized to sign the required HUD forms and the certifications. Section 4. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of July, 2022. ATTEST: May ee Jesus, M46C City Clrk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley S:\CA\RESO\CDBG Five Year Consolidated -One Year Action Plan 2022-26 - Reso.doex 2 VOTE YES NO Page 572 of 1276 1.1 able of Contents ExecutiveSummary.......................................................................................................................................5 ES -05 Executive Summary - 24 CFR 91.200(c), 91.220(b).........................................................................5 TheProcess.................................................................................................................................................12 PR -05 Lead & Responsible Agencies 24 CFR 91.200(b)...........................................................................12 PR -10 Consultation — 91.100, 91.110, 91.200(b), 91.300(b), 91.215(1) and 91.315(1) ............................ 13 PR -15 Citizen Participation — 91.105, 91.115, 91.200(c) and 91.300(c) ................................................. 26 NeedsAssessment...................................................................................................................................... 29 NA -05 Overview...................................................................................................................................... 29 NA -10 Housing Needs Assessment - 24 CFR 91.205 (a, b, c)..................................................................31 NA -15 Disproportionately Greater Need: Housing Problems — 91.205 (b)(2) ........................................41 NA -20 Disproportionately Greater Need: Severe Housing Problems — 91.205 (b)(2) ............................45 NA -25 Disproportionately Greater Need: Housing Cost Burdens — 91.205 (b)(2) ..................................49 NA -30 Disproportionately Greater Need: Discussion — 91.205(b)(2).....................................................50 NA -35 Public Housing — 91.205(b)..........................................................................................................51 NA -40 Homeless Needs Assessment — 91.205(c).................................................................................... 55 NA -45 Non -Homeless Special Needs Assessment - 91.205 (b, d)...........................................................60 NA -50 Non -Housing Community Development Needs — 91.215 (f) .......................................................64 HousingMarket Analysis.............................................................................................................................67 MA -05 Overview.....................................................................................................................................67 MA -10 Number of Housing Units — 91.210(a)&(b)(2).............................................................................69 MA -15 Housing Market Analysis: Cost of Housing - 91.210(a)...............................................................72 MA -20 Housing Market Analysis: Condition of Housing — 91.210(a)...................................................... 74 MA -25 Public and Assisted Housing — 91.210(b)....................................................................................78 MA -30 Homeless Facilities and Services-91.210(c)..............................................................................80 MA -35 Special Needs Facilities and Services — 91.210(d).......................................................................84 MA -40 Barriers to Affordable Housing — 91.210(e)................................................................................86 Consolidated Plan BOYNTON BEACH 2 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 574 of 1276 MA -45 Non -Housing Community Development Assets — 91.215 (f) ...................................................... 88 MA -50 Needs and Market Analysis Discussion.......................................................................................94 MA -60 Broadband Needs of Housing occupied by Low- and Moderate -Income Households - 91.210(a)(4), 91.310(a)(2).......................................................................................................................96 MA -65 Hazard Mitigation - 91.210(a)(5), 91.310(a)(3)...........................................................................97 StrategicPlan.............................................................................................................................................. 99 SP -05 Overview.......................................................................................................................................99 SP -10 Geographic Priorities — 91.215(a)(1)..........................................................................................101 SP -25 Priority Needs - 91.215(a)(2).......................................................................................................102 SP -30 Influence of Market Conditions — 91.215(b)..............................................................................107 SP -35 Anticipated Resources - 91.215(a)(4), 91.220(c)(1,2)................................................................108 SP -40 Institutional Delivery Structure — 91.215(k)...............................................................................111 SP -45 Goals Summary-91.215(a)(4)...................................................................................................114 SP -50 Public Housing Accessibility and Involvement-91.215(c).........................................................116 SP -55 Barriers to affordable housing — 91.215(h).................................................................................117 SP -60 Homelessness Strategy — 91.215(d)............................................................................................120 SP -65 Lead based paint Hazards — 91.215(i).........................................................................................122 SP -70 Anti -Poverty Strategy — 91.215(j)...............................................................................................123 SP -80 Monitoring — 91.230...................................................................................................................124 ExpectedResources..................................................................................................................................125 AP -15 Expected Resources — 91.220(c) (1,2)........................................................................................125 Annual Goals and Objectives....................................................................................................................128 AP -20 Annual Goals and Objectives......................................................................................................128 Projects.................................................................................................................................................130 AP -35 Projects — 91.220(d)...................................................................................................................130 AP -38 Project Summary........................................................................................................................131 AP -50 Geographic Distribution — 91.220(f)...........................................................................................135 Consolidated Plan BOYNTON BEACH 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 575 of 1276 AffordableHousing...................................................................................................................................136 AP -55 Affordable Housing — 91.220(g).................................................................................................136 AP -60 Public Housing-91.220(h).........................................................................................................137 AP -65 Homeless and Other Special Needs Activities — 91.220(i)..........................................................138 AP -75 Barriers to affordable housing — 91.2200).................................................................................141 AP -85 Other Actions — 91.220(k)..........................................................................................................145 Program Specific Requirements................................................................................................................147 AppendixA - Public Notices......................................................................................................................148 Consolidated Plan BOYNTON BEACH 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 576 of 1276 Executive Summary ES -05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction As an "entitlement" recipient of formula grant funds from the U.S. Department of Housing and Urban Development (HUD), the City of Boynton Beach, FL is required to submit a Consolidated Plan under Federal Regulations at 24 CFR Part 91. The Consolidated Plan must be prepared every five years and must be updated annually, via the preparation of an Annual Action Plan for the use of the formula grant funds received from HUD. The formula grant program guided by the Consolidated Plan is the Community Development Block Grant (CDBG). The purpose of the City's FY 2022-2026 Consolidated Plan is to assess its housing and community development needs; analyze its housing market; establish housing and community development priorities, goals, and strategies to address the identified needs; identify the resources to address them, and to stipulate how CDBG funds will be allocated to housing and community development activities. Available CDBG resources, as well as CDBG Program Income, received, will be combined with the private sector and other public sector funding to address the needs, and implement the strategies. The five-year period of the plan is from October 1, 2022, through September 30, 2026. The City of Boynton Beach is a participant in the Palm Beach County's Division of Human Services - Homeless and Housing Alliance (HHA). In addition to the Consolidated Plan, HUD requires that cities and states receiving CDBG funding take actions to "affirmatively further fair housing choice." The city is updating its Analysis of Impediments which will help to guide the housing strategies under the Plan. Based on actual funding allocated by HUD for FY 2022-2023, an estimated total of $2,736,035 in CDBG funds is available for the FY 2022-2026 Consolidated Plan. For FY 2022, the city will receive $547,207 in CDBG funding. The city received Neighborhood Stabilization Program (NSP) stimulus grants (NSP1, and NSP3). NSP funds are now expended; however, with the receipt of program income, these activities continue. In adherence to HUD regulations, the City will allocate at least 70% of its CDBG entitlement award to programs that directly benefit low- and moderate -income (LMI) individuals whose household incomes are at or below 80% of the AMI as determined by HUD and adjusted annually. Likewise, the City will set aside no more than 15% of its CDBG allocation for public services eligible under 24 CFR 570.201 (e) and no more than 20% for planning and administrative activities. 2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview All eligible CDBG-funded activities must comply with one of the following National Objectives per 24 CFR 570.208: • Primarily benefit low- and moderate -income persons • Prevent or eliminate slum or blight, or Consolidated Plan BOYNTON BEACH 5 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 577 of 1276 • Meet other community development needs that have particular urgency because existing conditions pose a serious threat to the health or welfare of the community and other financial resources are not available to meet such needs Below are the objectives and outcomes that the city has identified under the FY 2022-2026 Consolidated Plan. Actual activities and outcomes may vary each Annual Action Plan year and will be based on the Consolidated Plan and the amount of the City's annual allocation. OBJECTIVE 1 - Decent, Affordable Housing (DH). Activities designed to cover the wide range of housing activities (owner -occupied housing repairs, acquisition, and rehabilitation for homeownership or rental, financial assistance for homebuyers) eligible under the CDBG program. Outcome: Availability/Accessibility for the Purpose of Providing Decent Housing (DH -1) Performance Indicator: Households Assisted. OBJECTIVE 2 - Suitable Living Environment (SL). Activities designed to benefit communities, families, or individuals by addressing issues in their environment: Construction of public facilities for uses such as childcare, health care, homeless, the elderly, and persons with disabilities. Outcome: Availability or Accessibility for the Purpose of Creating Suitable Living Environments; Performance Indicator: No. of Projects that Ensure Access to a Suitable Living Environment: Installation/Improvement to infrastructure. No. of Persons Provided with New Access to Improvements. (SL -2); Performance Indicator: Number of Projects to Support non -housing Opportunities and Social services. Outcome: Affordability for the Purpose of Creating or sustaining Suitable Living Environments: Provision of public services to support education, youth, children, elders, counseling, capacity building, community empowerment, fair housing, housing (subject to 15% cap) (SL -3); Performance Indicator: Number of Persons Benefitting from New/Improved Environment. OBJECTIVE 3 - Expanded Economic Opportunities (EO). This objective applies to economic development: EO2.1 Assistance to microenterprises or small businesses. EO2.2 Job creation or retention Outcome: Sustainability for the Purpose of Creating Economic Opportunities (EO -2); Performance Indicator: No. of Businesses Assisted., No. of Jobs created or retained 3. Evaluation of past performance As a recipient of CDBG funds, the City is required to submit at the end of each program year a Consolidated Annual Performance and Evaluation Performance Report (CAPER). The CAPER summarizes the accomplishments of each program year and the progress made towards the Consolidated Plan goals. The previous 2017-2021 Consolidated Plan identified the following strategies and activities to meet its objectives: 1) Decent Housing — owner -occupied rehabilitation, and affordable homebuyer assistance. 2) Suitable Living Environment — supportive public services, and neighborhood revitalization. 3) Economic Opportunities — economic development including job creation or retention. The highest priorities were affordable housing, expansion of economic opportunities, and an increase in public services. The CAPERS for Fiscal Years 2017, 2018, 2019, and 2020 were reviewed to assess prior performance in formulating goals and objectives in this Plan. The city addressed the Decent/Affordable Housing and Consolidated Plan BOYNTON BEACH 6 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 578 of 1276 Homeless objective by owner -occupied housing rehabilitation including lead-based paint abatement, new construction, acquisition and rehabilitation for sale and homebuyer assistance through a Community Based Development Organization (CBDO). The City addressed the Suitable Living Environment objective by funding public services that assist seniors, youth, homeless persons, and address fair housing issues. The city addressed the Expanding Economic Opportunities goal by providing funding for visual improvements to business facades. The anticipated CDBG resources to address identified needs will limit the actual services that the city can offer. Estimates for the units of service were established for the Plan based on previous levels of funding from HUD, past performance, and historical allocations by the City Commission to activities annually. The evaluation of progress towards meetings goals are determined by a number of factors including the unit goals, amount of funds that are received in each Plan year, the allocations to each activity, per unit cost of each activity, and the completion pace. Several of these factors may be outside of the City's direct control. For example, low wages, higher housing prices, limited resources, and credit issues makes it difficult to fund homebuyer assistance. CDBG funds must be leveraged with other sources but still leaves a funding gap. The City's CAPERS for the past four years showed that of the five-year goals only 40% of the housing units were completed, 98% of the public services, 20% of homebuyers assisted, and 60% of businesses were completed up to FY 2020. The final year (2021-2022) report is not due until December 2022. HUD also uses the CDBG timeliness measure to determine CDBG performance. The entitlement rules for timeliness states that a grantee cannot have more than 1.5 times their current allocation unexpended in their line of credit sixty days prior to the program year end at the U.S. Treasury. The city did not meet its CDBG timeliness deadlines for FY 2021 due to the dislocation caused by the COVID-19 pandemic. The city is committed to monitoring outcomes compared to objectives and evaluating their effectiveness in addressing community needs and reprogramming funding that is not being efficiently used, if needed. See below table with projected versus actuals outputs for four of the five years of the Consolidated Plan. As a residual effect of the COVID-19 pandemic, the city encountered numerous and unforeseeable delays in conducting many of the scheduled activities planned for Program Years 2020 and FY2021. These delays significantly affected housing activities due to scarcity of materials, labor challenges, community safety standards, and safe distancing precautions. Also, the city received two additional funding allocations through the Community Development Block Grant/COVID-19 appropriations by Congress which redirected staff resources toward meeting those emergency needs and reduced timelines to expend funds. During the first year of this new Consolidated Plan five-year period, the city will focus on completing those housing activities that were delayed during the prior two years and leverage its CDBG resources with those provided through the State Housing Initiatives Program (SHIP) to address the first-year priority housing needs reflected in the statistical analysis contained in the Plan. This will include $590,805 in CDBG funds from PY 's 2020 and 2021 and $1,229,651 in SHIP funds from PY's 2021 and 2022. Public services will continue to be funded at the same level as in past years. Consolidated Plan BOYNTON BEACH 7 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 579 of 1276 Boynton Beach FY 2022-2026 Consolidated Plan CAPER Previous Accomplishments FY 2017-;2020 Housing (units) Public Services (people) Homebuyer (Households) Businesses Jobs Public Facilities (persons) Actual Totals 10 7325 10 3 Projected Totals 25 7,500 50 5 10 Completion Rate 40% 98% 20% 60% 0% All CDBG funds were used to address the activities determined as high priority in the City's FY 2017-2021 Consolidated plan including single family housing rehabilitation, homeownership housing, public services, and planning and administration. The city addressed the non -housing needs of its low/moderate income residents with the assistance of its social service agencies who provided services to low -to -moderate - income individuals and households. 4. Summary of citizen participation process and consultation process The City's Citizen Participation Plan (CPP) was amended and adopted in June 2020 to incorporate virtual meetings due to social distancing requirements, and the use of waivers to meet the CARES Act allocation of supplemental CDBG funds to prepare, prevent, and respond to COVID-19 pandemic. Program activities are considered and approved based on public participation, input from non-profit partners, City Department staff and boards, City Commission goals, community resident input, and supporting data that identifies urgent community needs. Residents, especially those who are low-income, likely to be beneficiaries of federal CDBG funding are encouraged to participate in the development of the Consolidated Plan, its substantial amendments, and the CAPER. The city used numerous strategies to elicit public comments including: • Held two public meetings on March 2 and April 13, 2022, for the public. Due to the COVID-19 pandemic, public meetings were held onsite and virtually. There were eight participants in attendance at both meetings. • Published information ads in a local newspaper of general circulation. See attached notices and proof of publications. Posted Consolidated Plan information on the City's social media. • Sent "email blasts" from the City's list and a notice in the City's quarterly community newsletter. • Published two online housing and community development surveys from 4/15/2022 to 6/30/2022 that were completed by the public and service provider agencies identifying current levels of services and future needs which were used, along with other data, to determine goals and priorities. Eight (8) agencies and eight (8) residents/community members completed the surveys. • Posted public information on the Consolidated Plan using the City's website. See the following link: City of Boynton Beach I CDBG Public Participation yVeb Page • Reviewed City planning documents and organizational websites including studies and reports. • Soliciting input from City of Boynton Planning and Economic Development Departments and the Boynton Beach Community Redevelopment Agency (CRA) along with non-profit organizations. Consolidated Plan BOYNTON BEACH 8 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 580 of 1276 • Published draft FY2022-2026 Consolidated Plan for a 30 -day period from 06/20 to 07/19/2022 with printed copies placed at the City's main library and City Hall and a PDF copy on the City's website. • Public Hearing and review and approval of the Consolidated Plan and Annual Action Plan at the Boynton Beach City Commission meeting held on July 19, 2022. 44 persons participated. • Acknowledged written comments received during the public comment period in writing. 5. Summary of public comments Below is a summary of the input received from the public input process. A more detailed analysis is provided as an attachment to the Plan. The intent of the public participation was to assist the City in identifying key needs and priorities related to affordable housing, public services, homelessness, and non- homeless community development issues. Public input from the public meetings, comment period, and online needs survey results identified housing and community development needs. The results of previous community surveys for American Rescue Plan Act funding (ARPA) to determine community needs were also incorporated into the community needs assessment. The census data along with the community input determined and ranked housing and community development priorities: • High priority need activities were defined as those that the City is encouraged to use federal funds through this plan to address unmet needs. Activities selected as high need in the needs assessment were as follows: Homeownership Housing including Owner Occupied Rehab and purchasing houses, Infrastructure for housing development, Public Services, job training, employment services, Owner -occupied housing rehabilitation and emergency home repair. • Low priority need activities were defined as those for which there are other funds available to fund these activities or there are other higher priority needs in the community. 6. Summary of comments or views not accepted and the reasons for not accepting them There were no comments or views that were not accepted or considered unacceptable by City staff. 7. Summary The City's FY 2022-2026 Plan outlines the City's housing, and community development needs. To carry out the plans, the City developed a comprehensive and coordinated strategy for implementation of the CDBG funded programs with leveraged funds from other sources. The first year Annual Action Plan for FY 2022-2023 is based on the City's actual allocation of federal grants funds from HUD. No comments were received on the draft FY2022-2026 Consolidated Plan and the FY2022-2023 Annual Action Plan when submitted for public comment during the 30 -day comment period. The city used a variety of strategies to solicit public input including virtual public meetings, the City's website, social media, online agency, and community surveys, and a 30 -day comment period. The City's Consolidated Plan objectives are to provide decent, affordable housing, create a suitable living environment, and create expanded economic opportunities. The related outcomes are availability, Consolidated Plan BOYNTON BEACH 9 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 581 of 1276 accessibility, and sustainability. Performance indicators are households assisted, decent and affordable housing, number of projects, and number of jobs created. The highest priorities for FY 2022-2026 were elimination of substandard housing, expansion of economic opportunities, public services, homeownership assistance, and rental housing. While these are the overall priority needs, circumstances in the community such as the current COVID-19 pandemic will impact the ways funds are allocated to high priorities. Needs are assigned a "high" or "low" priority based on relative preference. High needs are those where federal grants are used to address unmet needs and "low" needs are those to be funded from other resources and other agencies. Priorities are also based on whether the activity is the highest and best use of federal funds. Focusing funds for impact rather than spreading funds "thinly" is encouraged. Participants identified and ranked the housing and community development needs through the surveys. Data sources such as HUD, the Census Bureau, 2011-2015 American Community Survey (ACS), and the Housing and Climate Elements of the Comprehensive Plan were used to assess the City's demographic, housing, and economic conditions. The results were used to confirm the anecdotal survey data. Some of the Boynton Beach conditions that impacted the allocation of funds: • Forty percent of all County residents were housing cost burdened (paying more than 30 percent of income for housing expense). • The city has an older housing stock with 42 percent of houses built before 1980. Median home values in Boynton Beach increased by 50.8 percent over two years and in 2021, 40 percent of houses sold above listing prices. Cases of sudden rent hikes have also increased with some as much as 65 percent and other cities are grappling with ways to protect residents from LMI persons being taken advantage of by landlords. • In the City, 62 percent of renters and 29 percent of owners have at least one housing problem such as overcrowding and cost burden. • Median household income of $50,561 for a family of four and a median sales price of $229,100 for single family houses and a median monthly rent of over $1,500 results in limited affordable housing and affordability gaps. • A growing senior population with 21 percent of the overall population being persons aged 65+ some with a disability and fixed incomes, many of them homeowners, results in need for owner - occupied rehabilitation and services for the elderly. In Palm Beach County, 12 percent of the homeless population are elderly persons. FY 2022-2023 Allocation and Proposed Activities -The City has been advised by HUD that it was allocated $547,207 in CDBG funds for FY 2022-2023. The table below shows the funding allocations for FY 2022- 2023 Annual Action Plan. Consolidated Plan BOYNTON BEACH 10 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 582 of 1276 City of Boynton Beach FY 2022-2023 Federal and State Funding Allocations No. Eligible Activities Funding Allocation HUD Limits 1 CDBG Program Administration (no more than 20%) $109,441 No more than 20% 2 SHIP Affordable Housing Program $775,874 3 CDBG Public Services —Community Based Non -profits $ 80,000 No more than 15% 4 CDBG Housing Activities $115,965 5 CDBG Public Facilities and Improvements $241,801 CDBG Total Uses $547,207 CDBG Entitlement Funding $547,207 Recaptured from CDBG Housing Rehab Program $ 0 CDBG Total Sources $547,207 Consolidated Plan BOYNTON BEACH 11 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 583 of 1276 The Process PR -05 Lead & Responsible Agencies 24 CFR 91.200(b) 1. Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for the administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator BOYNTON BEACH Department of Financial Services/Community Improvement Division Table 1— Responsible Agencies Narrative The City of Boynton Beach's Financial Services Department is the lead agency responsible for the development of the Consolidated Plan, and the implementation of the housing and community development programs that are associated with the Plan. The Department is also responsible for administering local, state, and federal funds designated for housing and social services. Consolidated Plan Public Contact Information The Administrator for the CDBG program is: RJ Ramirez, Manager, Community Improvement Division Financial Services Department 100 E. Ocean Avenue Boynton Beach, FL 33435 Telephone: 561-742-6359, Email: ramirezr@bbfl.us Consolidated Plan BOYNTON BEACH 12 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 584 of 1276 PR -10 Consultation — 91.100, 91.110, 91.200(b), 91.300(b), 91.215(1) and 91.315(1) 1. Introduction As part of the Consolidated Plan development process, federal regulations (24 CFR 91.200(b), 91.215(i)) include the requirement that a jurisdiction consults extensively with community service providers, other jurisdictions, and other entities with a potential interest in or knowledge of that jurisdiction's housing and non -housing community development issues. The city developed the Consolidated Plan through analysis of demographic data, consultation with community groups and concerned citizens, meetings with individual contacts, consultation with public and private agencies, and discussions with other governmental agencies. Representatives of the agencies either attended meetings or were contacted individually for input. Individuals and organizations were invited to attend stakeholder meetings and public meetings and to respond to an online survey. This provided every stakeholder, interested party, or resident with the opportunity to reach out and provide feedback. At each meeting, attendees were encouraged to participate, provide input, and make recommendations. The online survey also provided an opportunity for suggestions and recommendations on the Five -Year Consolidated Plan and the One -Year Action Plan. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health, and service agencies (91.215(1)). The City of Boynton Beach Department of Financial Services, through its Community Improvement Division, will continue implementing activities such as educational training and on-site technical assistance to enhance coordination efforts with public and private housing and supportive housing providers. This coordination will ensure the successful implementation of federally funded activities and the achievement of the goals and objectives set forth in the Consolidated Plan. The City works with two local non-profit housing providers, one a local Habitat for Humanity affiliate and the other a community development corporation that was designated as a community-based development organization (CBDO) to carry out a special activity by a CBDO in a low -to -moderate -income (LMI) area referred to as the Heart of Boynton. The city donates vacant lots to both organizations to build affordable single-family houses for sale to LMI households with incomes at or below 80% of AMI. The City does not have a public housing authority or any public housing units. However, the Palm Beach County and Delray Beach public housing authorities provide portable Housing Choice Vouchers that may be used in the City. The city also collaborates with the Boynton Beach Community Redevelopment Agency (CRA) on housing and economic development activities. Specifically, the Boynton Beach CRA also provides vacant lots to housing providers and assembles land, and issues requests for proposals to developers for mixed -income and mixed-use real estate development projects that serve LMI households. Consolidated Plan BOYNTON BEACH 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 585 of 1276 Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness The City does not receive federal funds directly to prevent homelessness. Residents who become homeless or are at risk of being homeless are eligible for emergency, transitional, rapid rehousing, permanent housing, and homeless prevention services through the County. The City of Boynton Beach will continue to work closely with Palm Beach County's Division of Human Services -Homeless and Housing Alliance (HHA) to help identify housing and services available for people who are homeless. The HHA aligns all activities and decisions with Leading the Way Home Palm Beach County, the County's adopted plan to end homelessness. The HHA membership includes interested citizens, formerly homeless persons, non-profit organizations, service providers, law enforcement, and faith -based agencies, governmental entities, educational organizations, and various civic groups. The HHA coordinates applications for funding under HUD's Continuum of Care (CoC) program and the State -funded Challenge grant program to ensure member efforts are effectively targeted and non -duplicative. The city will continue to maintain its presence as a member of the Palm Beach County Homeless Advisory Board to ensure the needs of homeless residents within the city are considered in providing homeless services in the region. Homeless services available in Palm Beach County include meals, housing, clothing, showers, medical care, mental health services, and various forms of housing. Assistance through emergency financial assistance, self-sufficiency programs, drug and alcohol intervention and treatment, and other general homeless services are also available. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies, and procedures for the administration of HMIS The Palm Beach County Continuum of Care is the countywide strategy (inclusive of Boynton Beach) for meeting the needs of individuals and families who are homeless or at risk of becoming homeless. The Continuum of Care known as the Homeless and Housing Alliance of Palm Beach County (HHA) is responsible for developing the homeless delivery system strategy based on information provided by the Continuum of Care members. The HHA Executive Committee serves as the decision-making body responsible for planning evaluation and coordination of HEARTH CoC resources and other relevant homeless funding. The Executive Committee is responsible for managing community planning, coordination, and evaluation to ensure that the system of homeless services and housing rapidly end people's homelessness permanently. The Committee consists of community-based representatives from government, business, formerly homeless individuals, law enforcement, banking, housing, service providers, faith groups, education, veterans, and health care. The HHA collaborates with community task forces to make sure crucial data is included in the Continuum planning process. The Homeless Coalition of Palm Beach County is responsible for developing the Continuum of Care strategy based on information provided by the Continuum of Care Planning Committee. The Homeless Coalition of Palm Beach County's Board of Directors is a community-based Board with representatives from government, business, formerly Consolidated Plan BOYNTON BEACH 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 586 of 1276 homeless individuals, law enforcement, banking, housing, service providers, faith groups, education, veterans, and health care. Although the City does not administer ESG funding, it supports efforts to house and provide support services to the homeless through the Continuum of Care. The Continuum of Care system begins with the Homeless Management Information System or HMIS. Homeless Individuals are navigated through the system either by telephone or through direct contact during Outreach efforts. The Continuum of Care Point -In -Time count is conducted to identify the number of homeless individuals and families in the county. It also serves to measure the needs of the homeless as well as provide direction for future development of housing and services. 2. Describe Agencies, groups, organizations, and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies, and other entities Due to the COVID-19 pandemic and related social distancing and work -from -home procedures, the City consulted with agencies, groups, and organizations through an online survey, review of agency websites, and invitations to public meetings. The lead agency consulted with the Boynton Beach CRA, the Planning Department, and the Economic Development Department of the City and has ongoing consultations with agencies through monthly reports, monitoring, and program implementation. The Palm Beach County Five -Year Consolidated Plan was also reviewed to determine areas for collaboration. Surveys: An online agency survey of housing and community development needs was sent to over 70 agencies that are located in Boynton Beach or serving its residents. The online agency survey was open for a month and a link was posted on the City's website. The agencies included social services, housing providers, those serving youth, and faith -based organizations. The survey sought to identify current levels of services and barriers to delivering services. Housing and community services were limited by the pandemic, but the crisis generated several new needs. For example, business closures and resulting job losses exacerbated the already high costs of both rental and homeownership housing. Agency representatives were asked to rank activities within the major housing and community development categories. The survey participants' rankings were paired with needs assessment data and the housing market analysis data to provide a final rating of "High" or "Low" need based both on data, community feedback, and what the city can realistically accomplish. The city also invited agencies to two public meetings held to review the Consolidated Plan requirements and provide input on the Plan. The City began accepting CDBG applications from eligible non-profit organizations for funding Public Services activities on April 14, 2022, for FY 2022-2023. Applications were available online and submitted by May 20, 2022. Consolidated Plan BOYNTON BEACH 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 587 of 1276 Table 2 — Agencies, groups, organizations who participated 1 Agency/Group/Organization HOMELESS COALITION OF PALM BEACH COUNTY, INC. Agency/Group/Organization Type Housing Services - Housing Services -Elderly Persons Services -Persons with Disabilities Services -Persons with HIV/AIDS Services -homeless Services -Health Other government - County What section of the Plan was addressed Housing Need Assessment by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Market Analysis How was the City staff maintain regular contact with the Agency/Group/Organization consulted coalition throughout the year and include and what are the anticipated outcomes them in all discussions related to homeless of the consultation or areas for services. The expected outcome will be a improved coordination? referral source for homeless individuals and families, and further collaboration on strategies to provide housing for homeless individuals and families. 2 Agency/Group/Organization The Boynton Beach Faith -Based Community Development Corporation (BBFBCDC) Agency/Group/Organization Type Housing Services - Housing Neighborhood Organization Consolidated Plan BOYNTON BEACH 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 588 of 1276 Consolidated Plan BOYNTON BEACH 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 589 of 1276 What section of the Plan was addressed Housing Need Assessment by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the An interview was conducted with agency Agency/Group/Organization consulted staff. The BBFBCDC is a Community Housing and what are the anticipated outcomes and Development Organization situated of the consultation or areas for within the CDBG target area. They are a sub - improved coordination? grantee with a history of providing affordable housing for LMI individuals and families. However, the high cost of land and housing construction in the city and County will severely limit their ability to serve residents. 3 Agency/Group/Organization Legal Aid Society of Palm Beach County, Inc. Agency/Group/Organization Type Service -Fair Housing Services - Victims What section of the Plan was addressed Fair Housing by Consultation? How was the Issued an online survey and reviewed the Agency/Group/Organization consulted agency's website. The Legal Aid Society met and what are the anticipated outcomes with Community Improvement staff and the of the consultation or areas for City's CDBG sub -grantees for purposes of improved coordination? training and disseminating information regarding Fair Housing rules and regulations. Further discussions were had regarding unfair housing practices that result in homelessness. This partnership will result in decreased unfair housing practices. 4 Agency/Group/Organization Pathways to Prosperity Agency/Group/Organization Type Services -Education What section of the Plan was addressed Anti -poverty Strategy by Consultation? Consolidated Plan BOYNTON BEACH 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 589 of 1276 Consolidated Plan BOYNTON BEACH 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 590 of 1276 How was the Issued an online survey and reviewed the Agency/Group/Organization consulted agency's website. The agency is a sub - and what are the anticipated outcomes grantee operating within the CDBG target of the consultation or areas for area which provides education, financial improved coordination? literacy, job skills, and self-motivation. A holistic approach to self-sufficiency teaching low-income, public housing resident skills to become more financially independent. There is an ongoing collaboration with city staff, and it is anticipated that some of these families will become homeowners. 5 Agency/Group/Organization Delray Beach Housing Authority Agency/Group/Organization Type PHA What section of the Plan was addressed Public Housing Needs by Consultation? How was the Issued an online survey and reviewed the Agency/Group/Organization consulted agency's website. Anticipated outcomes are and what are the anticipated outcomes to assist as many tenants as possible in of the consultation or areas for becoming homeowners. To make them improved coordination? aware of any job training or job opportunities as they develop. To refer them to any social services available to them. 6 Agency/Group/Organization Homeless and Housing Alliance of Palm Beach County Agency/Group/Organization Type Services -homeless What section of the Plan was addressed Homelessness Strategy by Consultation? Consolidated Plan BOYNTON BEACH 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 590 of 1276 Consolidated Plan BOYNTON BEACH 19 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 591 of 1276 How was the Through its participation on the Housing Agency/Group/Organization consulted Advisory Board, the city is in regular and what are the anticipated outcomes communication with the Homeless and of the consultation or areas for Housing Alliance regarding the development improved coordination? of homeless prevention strategies throughout the county and the delivery of CoC funding to local agencies. It is anticipated that this coordination will result in a more seamless approach to ending homelessness and ensure effective targeting of limited resources. 7 Agency/Group/Organization ARC of Palm Beach County Agency/Group/Organization Type Services — Persons with Disabilities What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the Issued an online survey and reviewed the Agency/Group/Organization consulted agency's website to assess the needs of and what are the anticipated outcomes people with disabilities in the community and of the consultation or areas for identify gaps in needed services. It is improved coordination? anticipated that this consultation will result in better targeting of CDBG public service funding to these vulnerable residents. 8 Agency/Group/Organization Career Source of the Palm Beaches Agency/Group/Organization Type Job Training — Career Development What section of the Plan was addressed Non -Housing Community Development by Consultation? Needs How was the Issued an online survey and reviewed the Agency/Group/Organization consulted agency's website to assess the job training and what are the anticipated outcomes and placement needs of low-income of the consultation or areas for individuals in the community. It is improved coordination? anticipated that this consultation will result in potential CDBG funding for economic opportunities if the agency applies for funding. Consolidated Plan BOYNTON BEACH 19 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 591 of 1276 9 Agency/Group/Organization Feeding South Florida Agency/Group/Organization Type Emergency Food Assistance / Food Bank What section of the Plan was addressed Public Services by Consultation? How was the Issued an online survey and reviewed the Agency/Group/Organization consulted agency's website to determine the causes and and what are the anticipated outcomes levels of hunger in the city. As a CDBG-CV sub - of the consultation or areas for grantee, city staff was in contact with the improved coordination? agency. This consultation will result in a better understanding of the need for food assistance and how city resources can be used to assist. 10 Agency/Group/Organization Habitat for Humanity of South Palm Beach County Agency/Group/Organization Type Housing Rehab / Housing Development What section of the Plan was addressed Housing Needs Assessment by Consultation? How was the Issued an online survey and reviewed the Agency/Group/Organization consulted agency's website to gain an understanding of and what are the anticipated outcomes the need for homebuyer assistance, and of the consultation or areas for housing development for LMI city residents. improved coordination? Consolidated Plan BOYNTON BEACH 20 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 592 of 1276 Table 2 — Agencies, groups, organizations who participated Identify any Agency Types not consulted and provide rationale for not consulting Publicly funded institutions and systems of care discharging persons into homelessness were not consulted because the City does not see evidence of a significant homeless population in the City. These institutions and systems of care are addressed through the Palm Beach County CofC with referrals from the City. Consultations are included in Palm Beach County's Consolidated Plan. Business and Civic leaders were not directly consulted but discussions regarding homelessness were addressed with the Boynton Beach CRA staff and from a review of meeting minutes of the CRA. Adjacent units of general local government were not consulted directly on the Plan, but the City through its Comprehensive Plan amendment has included policies addressing regional issues (housing, transportation, and sustainability) and encouraging collaboration between the City and other agencies. The City also has inter -local agreements with Palm Beach School Board for school concurrency. Consolidated Plan BOYNTON BEACH 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 593 of 1276 I Agency/Group/Organization FAU Center for Autism and Related Disabilities Population Served Individuals with Autism What section the Service Provider — Persons with Disabilities community was represented by Consultation during the planning process? 2 Agency/Group/Organization Connect to Greatness, Inc. Population Served African American boys and their families What section the Advocacy Organization community was represented Service Provider —Children by Consultation during the Service Provider —Youth Services planning process? 3 Agency/Group/Organization Literacy Coalition of Palm Beach County Population Served Low- and Middle -Income children, youth and families What section the Service Provider —Youth Services community was represented Service Provider — Employment Training by Consultation during the Service Provider - Children planning process? 4 Agency/Group/Organization Alzheimer's Community Care Population Served Persons with Alzheimer's disease and other neurocognitive disorders What section the Advocacy Organization community was represented Service Provider —the Elderly by Consultation during the Service Provider — Persons with Disabilities planning process? Service Provider— Mental Health Health Care Agency Service Providers — Persons with Neurocognitive Disorders 5 Agency/Group/Organization Boynton Beach Faith -Based CDC, Inc. Population Served Boynton Beach households Consolidated Plan BOYNTON BEACH 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 594 of 1276 Other local/regional/state/federal planning efforts considered when preparing the Plan Table 3 — Other local / regional / federal planning efforts Consolidated Plan BOYNTON BEACH 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 595 of 1276 What section the Advocacy Organization community was represented Service Provider —Children by Consultation during the Housing Provider — Rental Housing planning process? Housing Provider — Homeownership Housing Provider — Homeowner Occupied Rehabilitation Service Provider — Persons with HIV/AIDS Service Provider — Homeless Prevention Service Provider — Mental Health 6 Agency/Group/Organization Christ Fellowship Church — Boynton Beach Population Served Boynton Beach households What section the Other - community was represented Faith development by Consultation during the Rent/Bills/Food assistance planning process? Other local/regional/state/federal planning efforts considered when preparing the Plan Table 3 — Other local / regional / federal planning efforts Consolidated Plan BOYNTON BEACH 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 595 of 1276 Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? City of Boynton Beach Racial Prepared by Florida Identification of older housing stock; need for and Social Equity International homeownership opportunities; Community Needs University for the City Assessment 2021 of Boynton Beach Boynton Beach State of the City of Boynton Beach Underdeveloped downtown economic Economy— City of Boynton development; lagging job growth; significant Beach Economic income disparity Development Plan 2022 Leveraging Equity to Attract Prepared by Florida Job training needed for high demand jobs; and Retain Talent — An International support at -risk students through Economic Development University for the City mentorship/internship/apprenticeship; support Perspective 2022 of Boynton Beach first-time homebuyer programs and direct aid to renters; provide incentives for affordable housing; support resources for renovations and maintenance of older homes; consider land banking; increase access to wrap-around services and food security to under -resourced neighborhoods City of Boynton Beach City of Boynton Beach Housing affordability as a key factor; need for Housing Assessment Study rezoning and redevelopment of existing uses to 2022 create new housing; demand for housing exceeds supply Boynton Beach Community Boynton Beach CRA Need for land use and zoning changes; increased Redevelopment Plan 2016 population and housing demand; older housing stock; low rates of homeownership Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(1)) The City also receives State Housing Initiatives Partnership (SHIP) Program funding from the State of Florida Housing Finance Corporation to provide affordable housing for very low, low, and moderate - income households. The City will receive funds through its Local Housing Assistance Plan (LHAP). The SHIP Program encourages the development of local housing partnerships between the City, lenders, real estate professionals, and advocates. The City works with and receives technical assistance from the Florida Housing Coalition. According to the organization's website, the Coalition "is a nonprofit, statewide membership organization whose mission is to bring together housing advocates and resources so that all Floridians have a quality affordable home and suitable living environment." The Florida Housing Finance Corporation administers the SHIP program. Consolidated Plan BOYNTON BEACH 24 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 596 of 1276 City staff regularly consults with Palm Beach County Department of Housing and Economic Sustainability, the City of Delray Beach Community Improvement Division, the City of Boca Raton, and the City of West Palm Beach to discuss and assess housing trends and any other housing and development issues. Staff studied the City's own Housing needs assessment as well as the City's Climate Action Plan and other relevant city planning reports. Additionally, the city routinely coordinates with the State of Florida in implementing the SHIP program and other state -funded programs. Narrative (optional): See above. Consolidated Plan BOYNTON BEACH 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 597 of 1276 PR -15 Citizen Participation — 91.105, 91.115, 91.200(c) and 91.300(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize the citizen participation process and how it impacted goal setting The City of Boynton Beach is engaged in ongoing activities to involve citizens and stakeholders in the Consolidated Planning process. In an effort to increase Citizen Participation among the public, private, and nonprofit organizations that deliver housing, social services, and community/economic development within the city, two Stakeholder meetings were held in person and virtually. In addition, an online Citizens Survey and Agency Survey was posted on the City's website. Public Notices: Public notices were published regarding the Consolidated Plan in the Palm Beach Post, a newspaper of general publication, and the City's website. The first public notice was published on February 24, 2022, notifying the public about the Plan, the process, the survey links, and the meetings. The second public notice was published on April 20,2022, notifying the public about the Plan, the process, the survey links, and the meetings. The third notice was published on June 21, 2022, notifying the public about the 30 -day comment period of the draft of the Consolidated Plan. See attached proof of publications and the following link to the City's website: City of Boynton Beach I CDBG Public Notice - FY 2022-2026 Consolidated Plan & FY 2022 Annual Action Plan (boynton-beach.org) Public Meetings: A public meeting was held in person and virtually on March 2, 2022, and 5 members of the public were in attendance. The city reviewed the consolidated planning process, the Five -Year Consolidated Plan, the Annual Action Plan, the Analysis of Impediments to Fair Housing Choice, and citizen participation. Attendees were encouraged to participate in the community survey to determine priorities. Questions and comments were made regarding rising housing costs in the city and Palm Beach County, related property tax increases, unaffordable rents, bilingual survey availability, the differences between CDBG and SHIP funding, and CDBG national objectives and eligible activities. A public meeting was held in person and virtually on April 13, 2022, and 6 members of the public were in attendance. The city reviewed the consolidated planning process, the Five -Year Consolidated Plan, the Annual Action Plan, the Analysis of Impediments to Fair Housing Choice, citizen participation, and the Notice of Funding Opportunity (NOFA) for CDBG Public Services applications. Questions and comments were made regarding how to apply for the CDBG funding, CDBG national objectives, eligible activities, administrative costs of CDBG, the need for affordable housing, multi -family housing, and neighborhood revitalization. Through agency interviews, it was noted that landlords were escalating rents to force tenants out and not accepting Section 8 certificates because it limited them from charging more than market rates. Consolidated Plan BOYNTON BEACH 26 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 598 of 1276 The Consolidated Plan was submitted for City Commission approval on July 19, 2022, and residents were given the opportunity to comment on the plan at this open public hearing. No comments were received regarding the FY2022-2026 Consolidated Plan and FY2022 Annual Action Plan at this hearing. Survey: An online community stakeholder/resident survey was posted for 30 -days with a link on the City's website City of Boynton BeachI Cit Input on CDBG ProEram(boy nton-beach.or j. The survey requested information on housing and community development needs. As part of the survey, Community members were asked to rank activities within the major housing and community development categories. The community survey results were paired with needs assessment data and housing market analysis data to provide a rating based both on citizen perceptions, the data, and what the city can realistically accomplish. 30 -day comment period —The draft Consolidated Plan and Annual Action Plan was made available on the City's website, at City Hall, and the Public Library for 30 days to solicit public comment from June 20, 2022, to July 19, 2022. No comments were received regarding the FY2022-2026 Consolidated Plan and FY2022 Annual Action Plan during the 30 -day comment period. Consolidated Plan BOYNTON BEACH 27 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 599 of 1276 Citizen Participation Outreach Sort Mode of Target of Summary of Summary of Summary of comments URL (If Order Outreach Outreach response/ comments not accepted applicab attendance received and reasons le) Two public Non-English Participants noted Meetings Speaking - Specify (4 persons the need for All comments were 1 March 2, and April other language: attended) affordable housing accepted. Spanish & Creole and had general 13, 2022 Broad community process questions. Newspaper Ad — No response was No response was Non-targeted/broad received from the received from the 2 Public notices and community published notices published notices and Not applicable plan summary and plan summary. plan summary. Internet Outreach No comments were Public notices, Non-targeted/broad received based on a 3 survey links, and Not applicable notices and plan Not applicable plan summary on community summary on the the City's website. City's website. Public Hearing— About 44 persons July 19, 2022 —City Non-targeted/broad attended the No public comments 4 Council approval of community meeting which were received. Not applicable Con Plan and AAP allowed comments on the Plan City Hall and Library Posting of draft Plan for 30 Non-targeted/broad 0 comments were No public comments 5 day comment community received. were received. Not applicable period from June 20 to July 19, 2022 Surveys links on Non-targeted/broad 16 survey Priority needs— All comments were 6 City website and community responses housing and jobs accepted. resident newsletter Table 4 —Citizen Participation Outreach Consolidated Plan BOYNTON BEACH 28 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 600 of 1276 Needs Assessment NA -05 Overview Needs Assessment Overview This section introduces the key points of the Needs Assessment in the areas of affordable housing, homelessness, special needs housing, public housing, disproportionate housing needs, and non -housing community development. The analysis seeks to understand the specific household characteristics and needs for different household types such as small, large, elderly, and persons with disabilities. Since CDBG grant program eligibility is based on specific household income classifications, household income is an important aspect of the analysis. Household incomes are classified as follows: extremely low-income -at or below 30 percent of Area Median Income (AMI); very low-income - between 31 and 50 percent of AMI; and moderate -income - between 51 and 80 percent of AMI. Housing Needs Assessment: The city's residents experience several types of housing problems: supply, demand, and affordability; substandard housing (lacking complete plumbing or kitchen facilities); overcrowding and severe overcrowding; cost burden, and severe cost burden (spending more than 30% or 50% of income on housing costs); and zero or negative income. Housing affordability and cost burden are the two most common housing problems for residents of the city. There is a significant need for affordable housing for renters and owners, especially for the very and extremely low-income households. Disproportionately Greater Need: A disproportionately greater need exists when the members of a racial or ethnic group at a specific income level experience housing problems at a greater rate (10% or more) than the income level. The 2011-2015 CHAS data shows that Black/African Americans experience the highest rate of at least one housing problem in all income categories, followed by Whites and then Asian households. A household experiences a cost burden when its housing expenses exceed 30% of gross household income and a severe cost burden when such expenses exceed 50% of gross household income. Cost burden makes for housing instability, increasing the likelihood of eviction or foreclosure, particularly for severely -cost burdened households. Black households have the highest incidence of cost burden. Public Housing: The City does not have an active public housing agency. The public housing needs of Boynton Beach residents are met by the Palm Beach County and Delray Beach Housing Authorities through the administration of the Section 8 Housing Choice Voucher Program. Homeless Needs Assessment: According to the Florida Coalition for the Homeless, the major cause of homelessness is the lack of affordable housing. The 2020 PIT survey for Palm Beach County conducted on January 24, 2020, identified 1,510 homeless persons on the day of the count (480 in shelter and 1,030 unsheltered). District 3, which contains the City of Boynton Beach, had the second-highest number of unsheltered homeless (230 or 22%) on the day of the count. Any persons that become homeless in the City are referred to homeless providers that are part of the local CofC. Consolidated Plan BOYNTON BEACH 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 601 of 1276 Non -Homeless Special Needs Assessment: The City of Boynton Beach has identified the non -homeless special needs population as elderly persons, persons with disabilities, persons with alcohol or other drug addictions, persons with HIV/AIDS, and their families, and victims of domestic violence. The city addresses the vast needs of these groups by utilizing CDBG funding to support agencies that provide services that address the needs of the population. Non -Housing Community Development Needs: Based on public input received and data from Palm Beach County needs assessments, the city has the following non -housing community development needs: • Public Services include services for the elderly, children and youth, homeless prevention, persons with disabilities, mental health, and education. • Public facilities for special needs populations including group homes, shelters for the homeless and victims of domestic violence, and persons with HIV/AIDS. • Services for persons released from incarceration and being assimilated into their communities. Consolidated Plan BOYNTON BEACH 30 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 602 of 1276 NA -10 Housing Needs Assessment - 24 CFR 91.205 (a, b, c) Summary of Housing Needs Demographics Base Year: 2009 Most Recent Year: 2017 % Change Population 68,041 74,485 9% Households 29,134 29,230 0% Median Income $45,287.00 $50,561.00 12% Table 5 - Housing Needs Assessment Demographics Data 2000 Census (Base Year), 2013-2017 ACS (Most Recent Year) Source: The HUD -provided data shows that between 2009 and 2017, the total population of the City of Boynton Beach increased 9% from 74,485 to 68,041. According to the American Community Survey (ACS), the 2020 population of Boynton Beach is estimated to be 78,060, a 15% increase since 2009. As of the 2020 ACS, the racial composition was 58.7% White; 31.5% Black; 2.4% Asian; and 5.5% two or more races. Seventeen percent (16.9%) are of Hispanic or Latino origin. Native-born U.S. citizens constitute 74.3% of the population. The balance of the population is divided between foreign -born naturalized citizens (14.1%) and non -citizen residents (11.6%). Seventy-five percent of adults have a high school diploma or better, and 16% have a 4 -year university degree or higher level of education. Per the 2013-2017 American Community Survey, the total number of households in the Boynton Beach is 29,230 with an average size of 2.52 persons. Households with at least one member 60 years or older are the most prevalent -43.7% of all households. There are 23.4% of households with at least one child less than 18 years. Among these households with minor children, 56.9% are family households and 43.1% are non -family households. Boynton Beach median income for a household of four persons increased from $45,287 in 2009 to $50,561 in 2019, an increase of 11.6%. The poverty rate among families with children less than 18 years of age is 15.7%, and the poverty rate among elderly over 65 years of age is 8.8%. In 2019, 43.1% of all households in the City had annual income less than $50,000; 35.8% had income between $50,000 and $99,999; and 21.2% had income over $100,000. Household tenure in Boynton Beach for 2019 is 58.7% owners (44,650) and 41.3% renters (31,456). Number of Households Table Consolidated Plan BOYNTON BEACH 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 603 of 1276 0-30% HAMFI >30-50% HAMFI >50-80% HAMFI >80-100% HAMFI >100% HAMFI Total Households 3,910 4,350 5,380 3,615 11,975 Small Family Households 1,105 1,210 1,700 1,125 4,895 Large Family Households 165 465 315 330 505 Household contains at least one person 62-74 years of age 800 945 1,015 625 2,640 Consolidated Plan BOYNTON BEACH 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 603 of 1276 Table 6 - Total Households Table Data 2013-2017 CHAS Source: Per the 2013-2017 CHAS data, there are 29,230 households in the City of Boynton Beach. Applying the rates of tenure from the 2019 ACS yields an estimated 17,158 owners (58.7%) and 12,072 renters (41.3%). Out of all households, 59% have incomes below Area Median Income. Small family households represent 34.3% of all households, and large family households represent 6.1%. Forty percent of all households have at least one-person age 62 or older, and among these 66.7% have incomes below Area Median Income. Households with young children (6 years or less) are less prevalent (11.6% of all households) and have a lower incidence below AMI (63.8% are below Area Median Income). Housing Needs Summary Tables Housing problems data contained within this section is provided by HUD's Community Housing Affordability Study (CHAS). Housing problems are: • Substandard Housing — households without hot and cold piped water, a flush toilet, a bathtub or shower; or with kitchen facilities that lack a sink with piped water, a stove or range, or a refrigerator. • Severely Overcrowded — households housing more than 1.51. persons per room excluding bathrooms, porches, foyers, halls, or half -rooms. • Overcrowded — households housing 1.01 to 1.5 persons per room excluding bathrooms, porches, foyers, halls, or half -rooms. • Severe Cost Burden (>50%) — the fraction of the household's total gross income spent on housing costs exceeds 50%. For renters, housing costs include rent plus utilities. For owners, housing costs include mortgage payment, taxes, insurance, and utilities. • Cost Burden (>30-50%) —the fraction of the household's total gross income spent on housing costs exceeds 30% but is less than 50%. For renters, housing costs include rent plus utilities. For owners, housing costs include mortgage payment, taxes, insurance, and utilities. The following HUD -provided data tables enumerate housing problems in the City of Boynton Beach. A narrative discussion follows the tables. Consolidated Plan BOYNTON BEACH 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 604 of 1276 0-30% HAMIR >30-50% HAMFI >50-80% HAMFI >80-100% HAMFI >100% HAMFI Household contains at least one- person age 75 or older 1,160 1,350 1,250 680 1,260 Households with one or more children 6 years old or younger 415 705 495 555 1,230 Table 6 - Total Households Table Data 2013-2017 CHAS Source: Per the 2013-2017 CHAS data, there are 29,230 households in the City of Boynton Beach. Applying the rates of tenure from the 2019 ACS yields an estimated 17,158 owners (58.7%) and 12,072 renters (41.3%). Out of all households, 59% have incomes below Area Median Income. Small family households represent 34.3% of all households, and large family households represent 6.1%. Forty percent of all households have at least one-person age 62 or older, and among these 66.7% have incomes below Area Median Income. Households with young children (6 years or less) are less prevalent (11.6% of all households) and have a lower incidence below AMI (63.8% are below Area Median Income). Housing Needs Summary Tables Housing problems data contained within this section is provided by HUD's Community Housing Affordability Study (CHAS). Housing problems are: • Substandard Housing — households without hot and cold piped water, a flush toilet, a bathtub or shower; or with kitchen facilities that lack a sink with piped water, a stove or range, or a refrigerator. • Severely Overcrowded — households housing more than 1.51. persons per room excluding bathrooms, porches, foyers, halls, or half -rooms. • Overcrowded — households housing 1.01 to 1.5 persons per room excluding bathrooms, porches, foyers, halls, or half -rooms. • Severe Cost Burden (>50%) — the fraction of the household's total gross income spent on housing costs exceeds 50%. For renters, housing costs include rent plus utilities. For owners, housing costs include mortgage payment, taxes, insurance, and utilities. • Cost Burden (>30-50%) —the fraction of the household's total gross income spent on housing costs exceeds 30% but is less than 50%. For renters, housing costs include rent plus utilities. For owners, housing costs include mortgage payment, taxes, insurance, and utilities. The following HUD -provided data tables enumerate housing problems in the City of Boynton Beach. A narrative discussion follows the tables. Consolidated Plan BOYNTON BEACH 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 604 of 1276 Housing Needs Summary Tables 1. Housing Problems (Households with one of the listed needs) Table 7 — Housing Problems Table Data 2013-2017 CHAS Source: Consolidated Plan BOYNTON BEACH 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 605 of 1276 Renter Owner 0- >30-50% >50-80% >80- Total 0-30% >30-50% >50-80% >80- Total 30% AMI AMI 100% AMI AMI AMI 100% AMI AMI AMI NUMBER OF HOUSEHOLDS Substandard Housing - Lacking complete plumbing or kitchen facilities 125 85 135 10 355 25 4 25 15 69 Severely Overcrowded - With >1.51 people per room (and complete kitchen and plumbing) 0 80 25 35 140 0 0 0 0 0 Overcrowded -With 1.01-1.5 people per room (and none of the above problems) 40 205 25 30 300 15 150 95 90 350 Housing cost burden greater than 50% of income (and none 1,52 of the above problems) 0 1,205 655 115 3,495 985 565 285 65 1,900 Housing cost burden greater than 30% of income (and none of the above problems) 20 390 1,115 865 2,390 280 530 640 490 1,940 Zero/negative Income (and none of the above problems) 235 0 0 0 235 370 0 0 0 370 Table 7 — Housing Problems Table Data 2013-2017 CHAS Source: Consolidated Plan BOYNTON BEACH 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 605 of 1276 2. Housing Problems 2 (Households with one or more Severe Housing Problems: Lacks kitchen or complete plumbing, severe overcrowding, severe cost burden) Table 8 — Housing Problems 2 Data 2013-2017 CHAS Source: 3. Cost Burden > 30% Renter Owner 0- >30- >50- >80- Total 0- >30- >50- >80- Total 730 30% 50% 80% 100% 250 30% 50% 80% 100% 235 120 AMI AMI AMI AMI 225 AMI AMI AMI AMI 1,330 NUMBER OF HOUSEHOLDS Having 1 or more 460 2,100 Other 450 350 665 1,465 80 165 220 of four housing Total need by income 1,700 1,935 1,910 5,545 1,275 1,165 990 3,430 problems 1,685 1,580 840 190 4,295 1,025 720 405 165 2,315 Having none of four housing problems 60 530 1,620 1,440 3,650 535 1,520 2,515 1,815 6,385 Household has negative income, but none of the other housing problems 235 0 0 0 235 370 0 0 0 370 Table 8 — Housing Problems 2 Data 2013-2017 CHAS Source: 3. Cost Burden > 30% Table 9 — Cost Burden > 30% Data 2013-2017 CHAS Source: Consolidated Plan BOYNTON BEACH 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 606 of 1276 Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI Total NUMBER OF HOUSEHOLDS Small Related 730 820 765 2,315 145 250 245 640 Large Related 80 235 120 435 55 105 65 225 Elderly 440 530 360 1,330 995 645 460 2,100 Other 450 350 665 1,465 80 165 220 465 Total need by income 1,700 1,935 1,910 5,545 1,275 1,165 990 3,430 Table 9 — Cost Burden > 30% Data 2013-2017 CHAS Source: Consolidated Plan BOYNTON BEACH 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 606 of 1276 4. Cost Burden > 50% Table 10 — Cost Burden > 50% Data 2013-2017 CHAS Source: 5. Crowding (More than one person per room) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI Total NUMBER OF HOUSEHOLDS Small Related 710 575 290 1,575 100 165 80 345 Large Related 80 40 0 120 55 30 10 95 Elderly 440 405 210 1,055 785 290 160 1,235 Other 425 290 240 955 60 110 60 230 Total need by income 1,655 1,310 740 3,705 1,000 595 310 1,905 Table 10 — Cost Burden > 50% Data 2013-2017 CHAS Source: 5. Crowding (More than one person per room) Table 11— Crowding Information —1/2 Data Source: 2013-2017 CHAS Consolidated Plan BOYNTON BEACH 35 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 607 of 1276 Renter Owner 0- >30- >50- >80- Total 0- >30- >50- >80- Total 30% 50% 80% 100% 30% 50% 80% 100% AMI AMI AMI AMI AMI AMI AMI AMI NUMBER OF HOUSEHOLDS Single family households 40 165 65 65 335 0 140 75 80 295 Multiple, unrelated family households 0 120 4 0 124 15 4 20 10 49 Other, non - family households 0 0 0 0 0 0 0 0 0 0 Total need by 40 285 69 65 459 15 144 95 90 344 income Table 11— Crowding Information —1/2 Data Source: 2013-2017 CHAS Consolidated Plan BOYNTON BEACH 35 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 607 of 1276 Table 12 — Crowding Information — 2/2 Describe the number and type of single person households in need of housing assistance. The 2017 ACS data shows that there are 9,246 single person households in Boynton Beach, which is 33.6% of all occupied housing units. Single person households are 59% owner -occupied and 41% renter occupied. Using the ACS estimate that 13% of persons are living in poverty, it is estimated that 1,202 single person households in Boynton Beach need housing assistance. Estimate the number and type of families in need of housing assistance who are disabled or victims of domestic violence, dating violence, sexual assault, and stalking. Persons with Disabilities. 2019 ACS data shows that 12.5% of all Boynton Beach residents have at least one type of disability. Among residents 65 or older, about 29.3% have a disability, more than double the rate among residents in general. Adult residents aged 18-64 years have a disability rate of 8.9%, and 4.1% of those under 18 years of age have a disability. Persons with disabilities are typically more vulnerable to housing discrimination than others, often due to housing providers' lack of knowledge about reasonable accommodation provisions in fair housing laws. Persons with disabilities also face challenges finding housing that is accessible and located near transit and supportive services. Victims of domestic violence, dating violence, sexual assault, and stalking. The 2015 National Intimate Partner and Sexual Violence Survey (NISVS) reports that 1 in 5 women and 1 in 8 men have experienced completed or attempted rape. In the U.S., 43.6% of women experienced some form of sexual violence in their lifetime, with 4.7% of women having experienced that violence in the recent 12 months. In the U.S., 24.8% of men experienced some form of sexual violence in their lifetime, with 3.5% of men having experienced that violence in the recent 12 months. According to the NISVS, 16% of women in the U.S. were victims of stalking at some point in their lifetime, with 3.7% of women having experienced stalking in the recent 12 months. In the U.S., 5.8% of men in the U.S. were victims of stalking at some point their lifetime, with 1.9% of men having experienced stalking in the recent 12 months. The NISVS reports that 1 in 4 women and 1 in 10 men experienced contact sexual violence, physical violence, and/or stalking by an intimate partner and reported an intimate partner violence (IPV) -related impact during their lifetime. Sexual violence is also linked to negative health effects. Sexual violence victims are more likely to smoke, abuse alcohol, use drugs, and engage in risky sexual activity. The trauma from sexual violence may impact a survivor's employment in terms of time off from work, diminished performance, job loss, or being unable to work. These issues disrupt earning power and have a long-term effect on the economic well-being of survivors and their families. Coping and completing everyday tasks after victimization can be challenging. Victims may have difficulty maintaining personal relationships, returning to work or school, and regaining Consolidated Plan BOYNTON BEACH 36 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 608 of 1276 Renter Owner 0- >30- >50- Total 0- >30- >50- Total 30% 50% 80% 30% 50% 80% AMI AMI AMI AMI AMI AMI Households with Children Present Table 12 — Crowding Information — 2/2 Describe the number and type of single person households in need of housing assistance. The 2017 ACS data shows that there are 9,246 single person households in Boynton Beach, which is 33.6% of all occupied housing units. Single person households are 59% owner -occupied and 41% renter occupied. Using the ACS estimate that 13% of persons are living in poverty, it is estimated that 1,202 single person households in Boynton Beach need housing assistance. Estimate the number and type of families in need of housing assistance who are disabled or victims of domestic violence, dating violence, sexual assault, and stalking. Persons with Disabilities. 2019 ACS data shows that 12.5% of all Boynton Beach residents have at least one type of disability. Among residents 65 or older, about 29.3% have a disability, more than double the rate among residents in general. Adult residents aged 18-64 years have a disability rate of 8.9%, and 4.1% of those under 18 years of age have a disability. Persons with disabilities are typically more vulnerable to housing discrimination than others, often due to housing providers' lack of knowledge about reasonable accommodation provisions in fair housing laws. Persons with disabilities also face challenges finding housing that is accessible and located near transit and supportive services. Victims of domestic violence, dating violence, sexual assault, and stalking. The 2015 National Intimate Partner and Sexual Violence Survey (NISVS) reports that 1 in 5 women and 1 in 8 men have experienced completed or attempted rape. In the U.S., 43.6% of women experienced some form of sexual violence in their lifetime, with 4.7% of women having experienced that violence in the recent 12 months. In the U.S., 24.8% of men experienced some form of sexual violence in their lifetime, with 3.5% of men having experienced that violence in the recent 12 months. According to the NISVS, 16% of women in the U.S. were victims of stalking at some point in their lifetime, with 3.7% of women having experienced stalking in the recent 12 months. In the U.S., 5.8% of men in the U.S. were victims of stalking at some point their lifetime, with 1.9% of men having experienced stalking in the recent 12 months. The NISVS reports that 1 in 4 women and 1 in 10 men experienced contact sexual violence, physical violence, and/or stalking by an intimate partner and reported an intimate partner violence (IPV) -related impact during their lifetime. Sexual violence is also linked to negative health effects. Sexual violence victims are more likely to smoke, abuse alcohol, use drugs, and engage in risky sexual activity. The trauma from sexual violence may impact a survivor's employment in terms of time off from work, diminished performance, job loss, or being unable to work. These issues disrupt earning power and have a long-term effect on the economic well-being of survivors and their families. Coping and completing everyday tasks after victimization can be challenging. Victims may have difficulty maintaining personal relationships, returning to work or school, and regaining Consolidated Plan BOYNTON BEACH 36 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 608 of 1276 a sense of normalcy. Housing assistance can also be a critical support. The National Alliance to End Homelessness argues that a "strong investment in housing is crucial [to victims of domestic violence] ...so that the family or woman is able to leave the shelter system as quickly as possible without returning to the abuse." The Alliance also reports that studies on homelessness have shown a correlation between domestic violence and homelessness. Using the statistics from the NISVS and recognizing that housing instability can be linked to victims of sexual violence, it is estimated that 43.6% of women in Boynton Beach (35,045 women) may need housing assistance in their lifetime, with 4.7% of women (3,778 women) requiring that assistance each year. It is estimated that 24.8% of men in Boynton Beach (19,934 men) may need housing assistance in their lifetime, with 3.5% of men (2,813 men) requiring assistance each year. What are the most common housing problems? According to the 2013-2017 CHAS data in Table 1, across all income groups there are 5,885 renters and 3,840 owners experiencing housing cost burden in the absence of other housing problems. Cost burden is by far the most common housing problem. Among the renters, 3,495 are severely cost burdened, and 1,655 (47.4%) of those are very low income (0-30% AMI). Among the owners, 1,900 are severely cost - burdened, and 1,000 (52.6%) of those are very low income (0-30% AMI). The incidence of substandard housing (424), overcrowded housing (650), and severely overcrowded housing (140) in the absence of other housing problems is infrequent but is experienced more often among renters (795) than among owners (419). Are any populations/household types more affected than others by these problems? According to the 2013-2017 CHAS data in Table 2, extremely low-income renter households have the highest incidence of experiencing 1 or more housing problems (1,685 households), followed by very low- income renter households (1,580 households), extremely low-income owner residents (1,025 households), and very low-income owner households (720 households). Renters have the highest incidence of housing problems across all income levels reported in the CHAS data. Describe the characteristics and needs of Low-income individuals and families with children (especially extremely low-income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered 91.205(c)/91.305(c)). Also discuss the needs of formerly homeless families and individuals who are receiving rapid re -housing assistance and are nearing the termination of that assistance Severe cost burden (housing costs exceeding 50% of gross monthly income) among low and extremely low-income households puts households at risk of homelessness given their limited capacity to absorb external financial pressures. According to the CHAS data, over 5,000 households (3,380 renters and 1,835 owners) with income below 80 percent AMI are experiencing severe cost burden putting them at risk. A majority of these households (64.8% or 3,380 households) are renter households with 1,835 owner occupied households representing the remaining 35.2%. After housing and utility costs, other essential needs including transportation, childcare, healthcare, and food may become financially inaccessible to these households, potentially causing additional health and security risks. These households have insufficient excess income that would allow them to save for future need, including unforeseen emergencies, or retirement. These factors put these households at a greater risk of making difficult Consolidated Plan BOYNTON BEACH 37 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 609 of 1276 decisions, weighing housing payments against essential needs payments. This increases their likelihood of eviction, default, foreclosure, or other paths that may lead to homelessness. The stress associated with the possibility of experiencing homelessness is becoming increasingly more prevalent for households statewide and locally. According to the Shimberg Center's Rental Market Study 2019, 674,201 rental units were added to the housing stock in Florida from 2000- 2017. Housing units with a rental cost of $1,000 or more grew by 718,166, while units with rental costs of $1,000 or decreased by 43,956 units. In addition, cost burdened households have also increased. The Shimberg Center reports that 61% of cost burdened households are in large counties, and Boynton Beach is located in Palm Beach County (geographically the largest county in the state and the third largest in population). As the data trends move unfavorably for low-income and extremely low-income households, the levels of stress, challenges, and households at -risk of experiencing homelessness increase. The higher demands and very low inventory in the rental market are among the most critical factors affecting the housing stock for low-income and extremely low-income households. These factors indicate that households receiving rapid re -housing assistance face housing instability as assistance expires or is terminated. There is a strong correlation with the ability to maintain stable housing and its relationship to earned income, medical services, behavioral health services, adequate nutrition, and education. A lack of adequate services or the lack of ability to pay for the needed services can result in persons facing homelessness. Local service providers work to address these challenges with struggling households, however, the systemic challenges that exist make it extremely difficult to achieve the desired outcomes of lasting affordable stable housing. If a jurisdiction provides estimates of the at -risk population(s), it should also include a description of the operational definition of the at -risk group and the methodology used to generate the estimates: The at -risk population, defined by the Palm Beach County Homeless and Housing Alliance (Continuum of Care) includes the following: 1. Households that have an annual income below 30% of median family income for the area; AND (i) Do not have sufficient resources or support networks immediately available to prevent them from moving to an emergency shelter or another place defined in Category 1 of the "homeless" definition; AND (ii) Meet one of the following conditions: a. Has moved because of economic reasons 2 or more times during the 60 days immediately preceding the application for assistance; OR b. Is living in the home of another because of economic hardship; OR c. Has been notified that their right to occupy their current housing or living situation will be terminated within 21 days after the date of application for assistance: OR d. Lives in a hotel or motel and the cost is not paid for by charitable organizations or by Federal, State, or local government programs for low-income individuals, OR e. Lives in an SRO or efficiency apartment unit in which there reside more than 2 persons or lives in a larger housing unit in which there reside more than one and a half persons per room: OR f. Is exiting a publicly funded institution or system of care, OR g. Otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness. 2. A child or youth who does not qualify as homeless under the homeless definition, but qualifies as homeless under another Federal statute Consolidated Plan BOYNTON BEACH 38 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 610 of 1276 An unaccompanied youth who does not qualify as homeless under the homeless definition but qualifies as homeless under section 725(2) of the McKinney-Vento Homeless Assistance Act, and the parent(s) or guardian(s) of that child or youth if living with him or her. Palm Beach County utilizes a Coordinated Entry system and the HMIS (Homeless Management Information System) to record and track the number of persons who are considered at -risk in Palm Beach County. During the time period 10/01/18 to 09/30/19, of the 2,632 households that contacted Coordinated Entry for assistance, 31% (816) households were categorized as at -risk of homelessness. It should be noted that of the 816 at -risk households, 62% were families, 5% were singles over the age of 24, and 26% were youth. In addition, the County tracks the number of singles and families that have received homeless prevention services through social service agencies, governmental agencies, and faith - based organizations. During the 2018/2019 time period, 2,435 households (or 5,955 persons) were served at that time and consisted of 1,487 families (or 5,007 persons) and 948 singles. Specify particular housing characteristics that have been linked with instability and an increased risk of homelessness The National Low Income Housing Coalition found in 2018 that a renter working 40 hours a week and earning minimum wage can afford a typical two-bedroom apartment (i.e., not be cost -burdened) in exactly zero counties nationwide. A household that is paying over 50 percent of total income on housing related expenses (severely cost burdened) is linked with instability and increased risk of homelessness. Other characteristics that are linked with instability and increased risk of homelessness include domestic violence, unstable employment, and increased risk of health issues all of which may force unexpected and sudden increased costs or decreased income on a household that does not have sufficient income to weather. Discussion 1,000 people move to Florida every day, making Florida the second fastest-growing state in the country. Yet as housing demand increases, there are not enough options to meet the demand of those who need affordable housing. No state has an adequate supply of affordable housing, according to The Gap, an annual report from the National Low Income Housing Coalition, published in March. Florida is one of the five states that are most challenging for extremely low-income renters to find affordable housing, along with Nevada, California, Oregon, and Arizona. Only 36% of extremely low-income renters are working people, many with jobs in the retail and service industries that were among the hardest hit by the pandemic. The remaining percentage is made up of seniors, households with disabilities and students or single parents or caregivers. Over half of the country's largest occupations do not pay a high enough hourly wage on average for its workers to afford a one- or two-bedroom apartment, the report says. The report says full-time workers need to make $19.56 an hour to afford a one -bedroom apartment and make $23.96 an hour to afford a two bedroom on average across the country. Nick VinZant, a senior research analyst at QuoteWizard, has researched the growing gap between housing costs and income nationwide. His report says Florida has the seventh -highest disparity between housing costs and income. In Florida, the median income has increased by slightly more than 20% since 2012 while median housing prices have almost doubled, increasing by 99.3%. Compared to the rest of the country, Florida's housing price increase was above the national average, yet the rise in Floridians' incomes was about $5,000 less than in other states. For a household earning the current median income of $55,660, VinZant reported that these workers may eventually end up being priced out of Florida as it continues to be a destination state. Florida has only 28 affordable homes available for every 100 extremely low-income renter households, according to the report. Consolidated Plan BOYNTON BEACH 39 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 611 of 1276 Housing economics expert at Florida International University, Ned Murray, recently completed an affordable housing needs assessment. Murray's report showed that 57% of workers in the county are employed in low-wage, service -sector jobs with hourly wages equivalent to 46% to 60% of the county's 2018 median household income, which is $59,943. The result is that 97,000 renter households in the county were "cost -burdened," with 53% of those being "severely" cost -burdened. Murray's study noted that 17,000 housing units in Palm Beach County that are considered affordable, or workforce housing are lost each year to appreciation. Those 17,000 additional homes become unattainable to the majority of Palm Beach County households every year due to rising property values. Consolidated Plan BOYNTON BEACH 40 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 612 of 1276 NA -15 Disproportionately Greater Need: Housing Problems — 91.205 (b)(2) This section assesses the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. The data in this section are pre -populated by HUD and reflect the 2013-2017 CHAS dataset (the most recent data available for Consolidated Planning) which breaks households down by race, ethnicity, income, and housing problems. The largest population group in Boynton Beach remains residents who report their race and ethnicity as White, representing 58.7% percent of the total population. Hispanic residents comprise 15.9% of the city's residents, while Black or African American residents are the second most prominent minority group representing 31.5% of the population. Asian residents comprise 2.4% of the population and residents who identify belonging to two or more races represent 5.5%. Introduction A disproportionately greater need exists when the members of a racial or ethnic group at a given income level experience housing problems at a greater rate (10%+) than households at that same income level as a whole. Housing problems include: 1) Housing unit lacks complete kitchen facilities; 2) Housing unit lacks complete plumbing facilities; 3) Overcrowding greater than 1.0 persons per room (not including bathrooms, porches, foyers, halls, or half rooms); and 4) Housing cost burden greater than 30%. HUD's Community Housing Affordability Study (CHAS) provides data on the incidence of housing problems experienced by various racial/ethnic groups at identified income groups 0 — 100% AMI. 0%-30% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 3,010 295 605 White 1,820 185 455 Black/ African American 925 80 100 Asian 15 10 10 American Indian, Alaska Native 0 0 0 Pacific Islander 0 0 0 Hispanic 205 20 45 Table 13 - Disproportionally Greater Need 0 - 30% AMI Data 2013-2017 CHAS Source: *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4. Cost Burden greater than 30% Consolidated Plan BOYNTON BEACH 41 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 613 of 1276 30%-50% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 3,215 1,130 0 White 1,595 845 0 Black/ African American 1,245 125 0 Asian 34 15 0 American Indian, Alaska Native 0 0 0 Pacific Islander 0 0 0 Hispanic 295 145 0 Table 14 - Disproportionally Greater Need 30 - 50% AMI Data 2013-2017 CHAS Source: *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4. Cost Burden greater than 30% 50%-80% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 2,995 2,385 0 White 1,455 1,575 0 Black/ African American 1,040 565 0 Asian 10 65 0 American Indian, Alaska Native 0 0 0 Pacific Islander 0 0 0 Hispanic 445 180 0 Table 15 - Disproportionally Greater Need 50 - 80% AMI Consolidated Plan BOYNTON BEACH 42 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 614 of 1276 Data 2013-2017 CHAS Source: *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4. Cost Burden greater than 30% 80%-100% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 1,710 1,905 0 White 920 1,255 0 Black/ African American 530 355 0 Asian 10 45 0 American Indian, Alaska Native 0 0 0 Pacific Islander 0 15 0 Hispanic 195 215 0 Table 16 - Disproportionally Greater Need 80 -100% AMI Data 2013-2017 CHAS Source: *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4. Cost Burden greater than 30% Discussion Extremely Low Income — 0-30% of AMI: • Most groups at this income level have high rates of housing problems. At this income level, 77% of all households experience at least one of the four housing problems. Black/African Americans experience the highest rate of at least one housing problem (83.7%) and Asians experience the lowest (42.8%). At 0-30% AMI, Whites and Hispanics experience a similar incidence of housing problems, at 74% and 76%, respectively. Very Low Income — 30-50% of AMI: • In the 30-50% AMI group, 74% of households experience at least one of the four housing problems. As with the 0-30% AMI group, Black/African Americans experience the highest rate of Consolidated Plan BOYNTON BEACH 43 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 615 of 1276 having at least one housing problem (91%). The lowest rate of housing problems at this income group is White (65.4%), followed by Hispanic (67%), and Asian (69.3%). Low Income — 50-80% of AMI: Although a majority of households (55.7%) experience at least one housing problem at this income level, Hispanic households have the highest incidence at 71.2%. Black/African American households experience one or more housing problems at a rate of 64.8%, followed by White households (48%), and Asian households (13.3%). Moderate Income — 80-100% of AMI: At the 80-100% AMI level, only one group has a majority with one or more of four housing problems. For all households at this level, 47.3% experience at least one housing problem. The highest rate of housing problems occurs in Black/African American households (60%), and Asians experience the lowest (18.2%). Hispanic households experience one or more housing problems at a rate of 47.6%, followed by White households (42.3%), and Asian households (18.2%). The CHAS data reveals the following disproportionately greater need, as follows: • At 0-30% AMI, no groups have a disproportionate need compared to the jurisdiction as a whole. • At 30-50% AMI, Black/African American households experience a disproportionate need (91% compared to 74% for the jurisdiction). • At 50-80% AMI, Hispanic households experience a disproportionate need (71.2% compared to 55.7% for the jurisdiction). • At 80-100% AMI, Black/African American households experience a disproportionate need (60% compared to 47.3% for the jurisdiction). Consolidated Plan BOYNTON BEACH 44 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 616 of 1276 NA -20 Disproportionately Greater Need: Severe Housing Problems — 91.205 (b)(2) This section assesses the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction A disproportionately greater need exists when the percentage of households in a particular income category that are members of a particular racial or ethnic group is at least 10 percentage points higher than the percentage of persons in the same income category as a whole. Severe housing problems are defined as: 1) Housing unit lacks complete kitchen facilities; 2) Housing unit lacks complete plumbing facilities; 3) Overcrowding greater than 1.5 persons per room (not including bathrooms, porches, foyers, halls, or half rooms); and 4) Housing cost burden greater than 50%. HUD's Community Housing Affordability Study (CHAS) provides data on the incidence of severe housing problems experienced by various racial/ethnic groups at identified income groups 0 — 100% AMI. 0%-30% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 2,710 595 605 White 1,610 400 455 Black/ African American 870 135 100 Asian 15 10 10 American Indian, Alaska Native 0 0 0 Pacific Islander 0 0 0 Hispanic 185 40 45 Table 17 — Severe Housing Problems 0 - 30% AMI Data 2013-2017 CHAS Source: *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4. Cost Burden over 50% Consolidated Plan BOYNTON BEACH 45 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 617 of 1276 30%-50% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 2,300 2,050 0 White 1,105 1,340 0 Black/ African American 900 480 0 Asian 34 15 0 American Indian, Alaska Native 0 0 0 Pacific Islander 0 0 0 Hispanic 235 210 0 Table 18 — Severe Housing Problems 30 - 50% AMI Data 2013-2017 CHAS Source: *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4. Cost Burden over 50% 50%-80% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 1,245 4,135 0 White 630 2,395 0 Black/ African American 430 1,175 0 Asian 0 75 0 American Indian, Alaska Native 0 0 0 Pacific Islander 0 0 0 Hispanic 180 445 0 Table 19 — Severe Housing Problems 50 - 80% AMI Data Source: 2013-2017 CHAS Consolidated Plan BOYNTON BEACH 46 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 618 of 1276 *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4. Cost Burden over 50% 80%-100% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 355 3,255 0 White 225 1,955 0 Black/ African American 85 800 0 Asian 10 45 0 American Indian, Alaska Native 0 0 0 Pacific Islander 0 15 0 Hispanic 0 410 0 Table 20 — Severe Housing Problems 80 -100% AMI Data 2013-2017 CHAS Source: *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4. Cost Burden over 50% Discussion This section discusses the income categories in which a racial or ethnic group has a disproportionately greater severe housing need. Extremely Low-income - 0-30 % of AMI: • At this income level, 52.8% of households experienced severe housing need. All households with reported problems, except for White households (45.2%), show that disproportionate needs exist. Asian households experienced the highest disproportion at 69.4%, followed by Black/African American households (65.2%), and Hispanic households (52.8%). Very Low Income — 30-50% of AMI: Consolidated Plan BOYNTON BEACH 47 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 619 of 1276 • In the 30-50% AMI group, 52.9% of households experience severe housing need. As with the 0- 30% AMI group, Asian and Black/African American households experience the highest disproportion at 69.4% and 65.2%, respectively. The lowest rate of severe housing need at this income group is White (45.2%), followed by Hispanic (52.8%). Low Income — 50-80% of AMI: • Among the 50-80% AMI group, 23.1% of households experience severe housing need. There is no group experiencing a disproportionate need, and the rate for each group does not deviate from the overall rate. Twenty-nine percent of Hispanics experience severe housing need, followed by Black/African Americans (26.8%), and Whites (20.8%). Moderate Income — 80-100% of AMI: • At the 80-100% AMI level, 9.8% of households experience severe housing need. No groups experience a disproportionate need, although Asian households come the closest at 18.2%. White households report 10.3% experience severe housing need, and 9.6% of Black/African American households experience severe housing need. The CHAS data reveals the following disproportionately greater need, as follows: • At 0-30% AMI, only White households experienced no disproportionate need compared to the jurisdiction as a whole. • At 30-50% AMI, Black/African American and Asian households experience a disproportionate need (69.4% and 65.2%, respectively, compared to 52.9% for the jurisdiction). • At 50-80% AMI, no household groups experience a disproportionate need, compared to the rate of 23.1% for the jurisdiction. • At 80-100% AMI, no household groups experience a disproportionate need, compared to the rate of 9.8% for the jurisdiction. Consolidated Plan BOYNTON BEACH 48 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 620 of 1276 NA -25 Disproportionately Greater Need: Housing Cost Burdens — 91.205 (b)(2) This section assesses the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction: A household experiences cost burden when its housing expenses exceed 30% of gross household income. Severe cost burden occurs when such expenses exceed 50% of gross household income. Cost burden makes for housing instability, increasing the likelihood of eviction or foreclosure particularly for severely -cost burdened households. Cost burden detracts from the availability of household financial resources to meet basic non -housing needs for medical care, proper nutrition, education, and transportation. The prevalence of cost burden in a community is an indicator of need for additional affordable housing. HUD's Community Housing Affordability Study (CHAS) provides data on household cost burden and severe cost burden by various racial/ethnic groups. A disproportionately greater need exists when the percentage of households in a particular income category that are members of a particular racial or ethnic group is at least 10 percentage points higher than the percentage of persons in the same income category as a whole. Housing Cost Burden Housing Cost Burden <=30% 30-50% >50% No / negative income (not computed) Jurisdiction as a whole 16,825 5,965 5,835 610 White 11,905 3,110 3,355 455 Black/ African American 2,450 1,795 1,800 100 Asian 345 35 49 10 American Indian, Alaska Native 15 0 0 0 Pacific Islander 25 0 0 0 Hispanic 1,945 925 530 45 Table 21— Greater Need: Housing Cost Burdens AMI Data 2013-2017 CHAS Source: Discussion: The CHAS data indicates that a total of 40.4% of all households in the jurisdiction are overall cost burdened, including 5,965 cost burdened (20.4%) and 5,835 severely cost -burdened (19.9%). There are no disproportionate needs among households experiencing cost burden greater than 30% but less than 50% of household income, but the cost burden among Black/African American households was the closest to being disproportionate at 29.2%, followed by Hispanic households at 26.9%. Cost burden is lowest among Asian and White households, at 8.0% and 16.5%, respectively. Severe cost burden greater than 50% also varies by race/ethnicity and no groups experience the level of disproportionate need, but Black/African American households is again closest at 29.3%. White households experience severe cost burden at a rate of 17.8%, followed by Hispanic households at 15.4%, and Asian households at 11.2%. It is apparent from the CHAS data that Black/African American households experience the highest incidence of being cost burdened (both overall and severely). Consolidated Plan BOYNTON BEACH 49 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 621 of 1276 NA -30 Disproportionately Greater Need: Discussion — 91.205(b)(2) Are there any Income categories in which a racial or ethnic group has disproportionately greater need than the needs of that income category as a whole? According to the HUD tables in the previous three sections, disproportionate housing needs exist for the following groups: • Black households experience disproportionate housing needs relative to the jurisdiction at 30- 50% AMI and 80-100% AMI levels. • Black households also experience housing cost burden at high rates compared to the jurisdiction, but not quite high enough to meet the definition of disproportion. • Hispanic households experience disproportionate housing needs relative to the jurisdiction at the 50-80% AMI income levels and experience severe housing problems disproportionately compared to the jurisdiction at the 0-30% AMI level. • Asian households experience disproportionate severe housing needs relative to the jurisdiction at the 0-30% AMI and 30-50% AMI levels. If they have needs not identified above, what are those needs? The City has not identified any other disproportionate needs. Are any of those racial or ethnic groups located in specific areas or neighborhoods in your community? Data is not available at the City level to depict the location of disproportionate needs; however, data is available that identifies geographic areas of greater racial/ethnic concentration within Palm Beach County. The two prevalent minority racial/ethnic groups in the City of Boynton Beach, as well as greater Palm Beach County, are Hispanics and Blacks. Data from the American Community Survey (2013-2017) reveals that Hispanics represent 21.3%, and Blacks 19.7%, of total population countywide. Within Boynton Beach, Blacks represent 31.5% and Hispanics represent 15.9%. Residents who identify as Black/African American are most likely to be living in the northeast portion of the city. With a diversity score of 92 out of 100, Boynton Beach is more diverse than many other US cities. According to maps created at the www. bestneihborhood.orR website, the most diverse area within Boynton Beach's proper boundaries is to the north of the city. The least diverse areas are located in the south parts of Boynton Beach. Consolidated Plan BOYNTON BEACH 50 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 622 of 1276 NA -35 Public Housing — 91.205(b) Introduction: According to the Shimberg Center for Housing Studies' Affordable Housing Data Clearinghouse, there are 2,681 publicly assisted developments that provide 285,010 affordable housing units statewide through a variety of funding sources including the Florida Housing Finance Corporation, local housing finance authorities, the United States Department of Agricultural Rural Development, the HUD Multifamily program and HUD Public Housing. Neither the Small Cities CDBG, HOPWA, nor ESG, provide funding to PHAs in Florida. The City of Boynton Beach is served by the Palm Beach County Housing Authority (PBCHA). PBCHA provides affordable housing to low-income individuals, families, elderly, and persons with disabilities. PBCHA owns and manages four public housing communities in West Palm Beach and Lantana, as well as forty-three single family homes throughout Boynton Beach. PBCA operates a total of 468 Public Housing units and manages 1,866, which are comprised of 92 project -based and 1,572 tenant -based vouchers. Totals in Use Program Type Certificate Mod- Public Vouchers Rehab Housing Total Project Tenant Special Purpose Voucher -based -based Veterans Family Disabled Affairs Unification Supportive Program Housing # of units vouchers in use 0 0 468 1,866 92 1,572 0 202 0 Table 22 - Public Housing by Program Type *includes Non -Elderly Disabled, Mainstream One -Year, Mainstream Five-year, and Nursing Home Transition Data PIC (PIH Information Center) Source: Characteristics of Residents The tables on the next page outline the specific characteristics of families within the City of Boynton Beach that are receiving assistance through the PBCHA. The Housing Authority provide access to affordable housing to extremely low, low, and moderate -income families through the operation of rental units and Consolidated Plan BOYNTON BEACH 51 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 623 of 1276 administration of tenant- based and project -based vouchers. Program Type Certificate Mod- Public Vouchers Rehab Housing Total Project Tenant Special Purpose -based -based Voucher Veterans Family Affairs Unification Supportive Program Housing Average Annual Income 0 0 15,969 13,936 10,164 14,287 0 12,919 Average length of stay 0 0 5 8 0 9 0 6 Average Household size 0 0 2 3 1 3 0 3 # Homeless at admission 0 0 0 0 0 0 0 0 # of Elderly Program Participants (>62) 0 0 135 305 75 221 0 9 # of Disabled Families 0 0 68 249 14 211 0 24 # of Families requesting accessibility features 0 0 468 1,866 92 1,572 0 202 # of HIV/AIDS program participants 0 0 0 0 0 0 0 0 Consolidated Plan BOYNTON BEACH 52 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 624 of 1276 Program Type Certificate Certificate Mod- Public Vouchers Rehab Housing Total Project Tenant Special Purpose -based -based Voucher Veterans Family Affairs Unification Affairs Unification Program Supportive Program White 0 0 102 291 19 Housing 0 # of DV Black/African victims 0 0 0 0 0 0 0 0 Table 23 — Characteristics of Public Housing Residents by Program Type Data PIC (PIH Information Center) Source: Race of Residents Race Certificate Mod- Public Rehab Housing Total Project - Tenant based -based Veterans Family Affairs Unification Supportiv Program e Housing White 0 0 102 291 19 209 0 63 Black/African American 0 0 365 1,448 73 1,254 0 121 Asian 0 0 1 2 0 1 0 1 American Indian/Alaska Native 0 0 0 1 0 1 0 0 Pacific Islander 0 0 0 124 0 107 0 17 Other 0 0 0 0 0 0 0 0 *includes Non -Elderly Disabled, Mainstream One -Year, Mainstream Five-year, and Nursing Home Transition Table 24 — Race of Public Housing Residents by Program Type Data PIC (PIH Information Center) Source: Consolidated Plan BOYNTON BEACH 53 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 625 of 1276 Ethnicity of Residents Ethnicity Certificate Mod- Public Rehab Housing Total Project Tenant -based -based Veterans Family Affairs Unification Supportive Program Housing Hispanic 0 0 71 241 9 188 0 44 Not Hispanic 0 0 397 11625 83 1,384 0 158 *includes Non -Elderly Disabled, Mainstream One -Year, Mainstream Five-year, and Nursing Home Transition Table 25 — Ethnicity of Public Housing Residents by Program Type Data PIC (PIH Information Center) Source: Section 504 Needs Assessment: Describe the needs of public housing tenants and applicants on the waiting list for accessible units: This is not applicable for the City of Boynton Beach. The City does not directly maintain or manage public housing. Most immediate needs of residents of Public Housing and Housing Choice voucher holders The City of Boynton Beach does not directly administer vouchers. The most immediate need of residents on the waiting list for vouchers with PBCHA is finding rental units that meet their needs and accept their voucher. Existing households are experiencing some type of housing problem such as cost burden, housing overcrowding, or substandard housing. How do these needs compare to the housing needs of the population at large? Discussion The Shimberg Center for Housing Studies' 2019 Market Study compares households living in publicly assisted housing units with those of the rental market overall in the state of Florida. Households in publicly assisted units are more likely to be lower income and are more likely to be either households with children or elderly residents than the overall rental population. These populations are likely to have unique needs aside from their economic constraints including neighborhood access to good schools (for households with children), access to transportation and medical care (elderly) and accessible housing units (elderly have a higher incidence of disability overall). Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) BOYNTON BEACH 54 Page 626 of 1276 NA -40 Homeless Needs Assessment — 91.205(c) Introduction: The City of Boynton Beach collaborates closely with Palm Beach County Human Services in addressing the issues of homelessness throughout the county. Because the needs of both jurisdictions are interrelated, much of this narrative is extracted from Palm Beach County's most recent (2020 — 2024) Consolidated Plan and is sufficiently representative of the needs within both jurisdictions. Combating homelessness in Palm Beach County is a complex issue. Homelessness does not discriminate, as it does not only affect only a certain group, class, or type of individual or family. Rarely does a single factor contribute to an individual's homelessness but is more often a result of multifaceted set of circumstances. Homelessness can be driven by economic problems, by a lack of affordable housing options, familial issues, mental or physical health, substance abuse, or a combination of these. Homelessness can be caused by any of, or all these issues, and these can often be interrelated. Because of this, combating homelessness requires a collaborative and community-based approach. Toward that end, the City of Boynton Beach works in close collaboration with the Palm Beach County Human Service Division and the Homeless & Housing Alliance of Palm Beach County. It is through this collaboration and information sharing, as well as the strategic allocation of resources, that we hope to have the greatest impact in one day eliminating homelessness in our communities. The data provided in this section was derived from the 2020 Point in Time (PIT) count that occurred on January 24, 2020. Every year (pre-COVID) the County undertakes its Point in Time Count as well as a Shelter Survey. These two events seek to identify the number of homeless individuals and families In Palm Beach County. The PIT count is used to obtain a sheltered and unsheltered persons count for a twenty- four -hour period. The shelter survey is completed by the shelter operators and is used to count the homeless individuals and families in shelter during the survey period. While the numbers below represent the total number of homeless in Palm Beach County, District 3, which contains the City of Boynton Beach, had the second highest number of unsheltered homeless (230 or 22%) on the day of the count, highlighting the shared impact that exists between the city and county. The County also conducts an annual Housing Inventory Count (HIC). The HIC is a point in time inventory of provider programs within the Homeless and Housing Alliance (HHA) that provide beds and housing units for the homeless population. The county categorizes the available beds under these five program types: Emergency Shelter, Transitional housing, Rapid Re -Housing, Safe Have, and Permanent Supportive Housing. Palm Beach County's 2020 PIT indicated that 1,510 persons were homeless on the day of the count with 480 of those individuals sheltered and 1,030 unsheltered. The results indicate that Seniors represent 12% of the total homeless population, youth (18-24) represent 6%, and military veterans represented 7% of the total homeless population on the day of the count. The results also indicated that Consolidated Plan BOYNTON BEACH 55 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 627 of 1276 approximately 16% of the homeless population are defined as chronically homeless. On the day of the count, 68% of the homeless population were sleeping in an unsheltered location and 32% were housed in either emergency shelter or transitional housing. Homeless Needs Assessment Population Estimate the # of Estimate the Estimate Estimate the Estimate the persons experiencing # the # # exiting # of days homelessness on a experiencing becoming homelessness persons given night homelessness homeless each year experience each year each year homelessness Sheltered Unsheltered Persons in Households with Adult(s) and Child(ren) 270 6 0 0 0 0 Persons in Households with Only Children 0 6 0 0 0 0 Persons in Households with Only Adults 210 1024 0 0 0 0 Chronically Homeless Individuals 21 218 0 0 0 0 Chronically Homeless Families 0 0 0 0 0 0 Veterans 35 65 0 0 0 0 Unaccompanied Child 49 44 0 0 0 0 Persons with HIV 0 18 0 0 0 0 Table 26 - Homeless Needs Assessment If data is not available for the categories "number of persons becoming and exiting homelessness each year," and "number of days that persons experience homelessness," describe these categories for each homeless population type (including chronically homeless Consolidated Plan BOYNTON BEACH 56 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 628 of 1276 individuals and families, families with children, veterans and their families, and unaccompanied youth): Entering Homelessness: The majority of individuals, families with children, veterans, and the chronic homeless cite the most common reason for their homelessness as: employment/financial issues (43%), family issues (20%), and housing issues (18%). Approximately 22% of the total homeless population on any given day have experienced homelessness four (4) or more times during a three (3) year period. Exiting Homelessness: Finding and maintaining employment and locating affordable housing are the main reasons persons exit homelessness. Forty-five present (45%) of the total homeless population on any given day have been homeless for one year or longer while 25% have been homeless for more than 3 months but less than one year. Fifteen percent (15%) of those homeless on any given day have experienced homelessness for 1 to 3 months while less than 5% have experienced homelessness for no more than one week. Nature and Extent of Homelessness: (Optional) Race: Sheltered: Unsheltered (optional) White 144 569 Black or African American 293 417 Asian 3 4 American Indian or Alaska Native 6 13 Pacific Islander 0 6 Ethnicity: Sheltered: Unsheltered (optional) Hispanic 66 109 Not Hispanic 414 918 Estimate the number and type of families in need of housing assistance for families with children and the families of veterans. According to the 2020 Palm Beach County Point in Time count, there were 1,297 households (1,510 individuals) that were homeless on a given 24-hour period. Households with at least one adult and one child accounted for 6.2% (81) of the total household homeless population, and households comprised of Consolidated Plan BOYNTON BEACH 57 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 629 of 1276 only children (Youth) represented < 1% (5) of the homeless population. Two hundred forty (240) households (86%) of households with at least one adult and one child were in emergency shelter and 10% (30) resided in transitional housing. For households with only children 3 households (<I%) were in emergency shelter and none were in transitional housing. Information regarding families of veterans was not isolated in the 2020 PIT survey. The households surveyed may or may not have included families with veterans. Housing placement for households with children has proven difficult. Most of the housing facilities are designed to accept the single homeless population. To that end, Palm Beach County purchased a 19 -unit emergency family shelter and contracted with a non-profit agency to operate the facility. Furthermore, the County in coordination with a family service provider established a Rapid Re -housing Program that provides financial assistance to homeless families with or without children to regain stability in permanent housing. Describe the Nature and Extent of Homelessness by Racial and Ethnic Group. According to the PIT survey, Black/African Americans comprised slightly less than half (47%) of the County's homeless population, whites represented another 47%, while American Indian/Alaska Native and Asians and Native Hawaiian /Pacific Islanders each presented 1% - 2% of the homeless population. One percent (1%) of those individuals who participated in the survey were of multiple races. Of the total number of homeless, 175 (11.5%) were Hispanic or Latino. Describe the Nature and Extent of Unsheltered and Sheltered Homelessness. The 2020 Point in Time survey reported that of the 1,510 homeless individuals identified, 480 (31.8%) were sheltered and 1030 (68.2%) unsheltered. Of the 457 individuals that were sheltered, 349 (76.3%) were sheltered in emergency shelters and 108 (23.6%) were housed in transitional facilities. The following is a description of the extent to which sub -populations of homeless are sheltered and unsheltered. Chronic homeless persons represented 15.8% of the total homeless population counted, of which 1.3% (21 persons) were sheltered. The mentally ill accounted for 12.5% of the homeless population and the veteran homeless population was 6.5% of the total homeless count (of which 65 veterans were housed). Chronic substance abuse represented 15% of the total homeless population counted in the 2020 PIT of which 3.5% (53 persons) were sheltered. Persons with HIV/AIDS and victims of domestic violence represented <1% and 12.5% respectively of the total homeless population reflected in the PIT. Less than 1% (8 persons) of the HIV/AIDS subpopulation and 10% (141 individuals) of the victims of domestic violence subpopulation were sheltered. Discussion: Consolidated Plan BOYNTON BEACH 58 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 630 of 1276 The following is a description of the extent to which sub -populations of homeless are sheltered and unsheltered. Chronic homeless persons represented 15.8% of the total homeless population counted, of which 1.3% (21 persons) were sheltered. The mentally ill accounted for 12.5% of the homeless population and the veteran homeless population was 6.5% of the total homeless count (of which 65 veterans were housed). Chronic substance abuse represented 15% of the total homeless population counted in the 2020 PIT of which 3.5% (53 persons) were sheltered. Persons with HIV/AIDS and victims of domestic violence represented <1% and 12.5% respectively of the total homeless population reflected in the PIT. Less than 1% (8 persons) of the HIV/AIDS subpopulation and 10% (141 individuals) of the victims of domestic violence subpopulation were sheltered. Consolidated Plan BOYNTON BEACH 59 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 631 of 1276 NA -45 Non -Homeless Special Needs Assessment - 91.205 (b, d) Introduction: While there are services available in Boynton Beach for each of the special needs populations below, there is no specific data available for the City of Boynton Beach concerning the needs of those populations within the city. Providing services for these populations is handled on an as needed basis and city staff would normally defer to Palm Beach County Division of Human Services which handles the Continuum of Care. As identified in Palm Beach County's 2020 — 2024 Consolidated Plan, the non -homeless special needs population in Palm Beach County is comprised of the following groups: • Elderly (62 years and older) • Frail elderly (defined as an elderly person who requires assistance with three or more activities of daily living, such as bathing, walking, and performing light housework) • Persons with mental, physical, and/or developmental disabilities • Persons with alcohol or other drug addiction • Persons with HIV/AIDS and their Families • Victims of domestic violence, dating violence, sexual assault, and stalking • Veterans • Youths aging out of foster care • Ex -offenders • Residents of public housing. The City of Boynton Beach does not directly receive funding under the Housing Opportunities for Persons with AIDS (HOPWA) program. Instead, HOPWA funding is provided to the largest municipality within the Eligible Metropolitan Statistical Area (EMSA), the City of West Palm Beach, which received $3,202,608.00 in HOPWA funds in 2021. Describe the characteristics of special needs populations in your community: Housing and supportive service needs for special needs populations, should they arise, are referred to appropriate agencies throughout the county. Per the County's 2020 — 2024 Consolidated Plan, the non- homeless special needs populations in Boynton Beach and Palm Beach County experience many of the same housing and service needs and the same barriers as the homeless. The following describes the special characteristics of each group and is drawn from the County's 2020 — 2024 Consolidated Plan. It is presumed that these same characteristics and needs apply to residents of Boynton Beach: Consolidated Plan BOYNTON BEACH 60 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 632 of 1276 Elderly: According to the Office of Economic and Demographic Research, approximately 431,767 persons in the County are over the age of 60. Of these, 191,722 are males and 239,995 are females. Some 59,233 seniors are below 125.0% of the poverty guideline; 7.0% live in medically underserved areas; 281,933 have disability insurance; 72.0% suffer from no disability; 205,080 have cost burden above 30%. There are 26 Adult Daycare facility with total beds numbering 1,655. Persons with mental, physical, and/or developmental disabilities: Per the 2017 ACS Survey, the total county population with a disability is 173,730. Of these, 16,927 were under 34 years old, 67,858 were under 65 and 101,616 were over 65 years old. Persons with alcohol or other drug addiction According to the Palm Beach County Substance Awareness Coalition July 2017 Annual Report, there are 59,321 current users of marijuana in the County and 33,767 current users of an illicit drug other than marijuana. Alcohol was detected as being present in one-half of all drug-related deaths in Florida during 2016 and was the primary drug cited by more than a third of all patients admitted to addiction treatment in Palm Beach County during 2016. Persons with HIV/AIDS and their Families Within the County, there were 8,208 individuals living with HIV at the end of 2017 according to data from the Florida Department of Health, Bureau of HIV/AIDS. Of this total, 64.1% were males and 35.9% females. Victims of domestic violence, dating violence, sexual assault, and stalking The Florida Department of Law Enforcement reported for 2018 that the County had 4,613 occurrences of domestic violence offences. Per a report published in 2017, 76% of intimate partner physical violence victims are female, more than 75% of women aged 18-49 abused were previously abused by the same perpetrator, 40% of female murder victims are killed by intimate partners, 76% of women who are killed by intimate partners and 85% of women who survive homicide attempts are stalked prior to the murder or attempted murder. Veterans According to the 2017 American Community Survey, the County's veteran population is 85,376, or 7.5% of the County's total population. Of this total, 93.4% are male; 69.0% are 65 years and over; 89.0% are white; and 8.0% Black or African American. The unemployment rate among veterans in the county in 2017 was 7.4% and 5.6 of all veterans received income below the poverty level. Youths ageing out of foster care In the State of Florida, a youth can leave the foster care system at 18 and is expected to assume full independence. Some 75 to 90 foster children age out of the system each year. Ex -offenders It is estimated that annually in Palm Beach County 1,200 ex -offenders are released from prison. The mission of the County's Reentry Task Force is to increase public safety, decrease victimization, reduce recidivism rates, and create an improved quality of life for Palm Beach County residents. The Reentry Task Force coordinates and facilitates resources, develops, and maintains partnerships, implements changes based on evaluation, and identifies opportunities for sustained reentry services. Consolidated Plan BOYNTON BEACH 61 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 633 of 1276 Residents of Public Housing: Four public housing authorities operate within the Palm Beach County Entitlement Jurisdiction, but only three have public housing units or manage vouchers. Based on information provided by these agencies, they operate a total 1,567 public housing units, 53 scattered homes, and manage 2,432 vouchers. What are the housing and supportive service needs of these populations and how are these needs determined? The supportive non -housing needs of Palm Beach County, and to a lesser extent, Boynton Beach, Special Needs Population were determined by surveying relevant agencies that provide daily services to the "specific population"; extensive review of agency websites; and input received from members of the public through solicitations at public meetings and posted documents. Elderly/Frail Elderly: According to a 2017 Health and Human Services (HHS) Report, elderly persons living in the Glades Region and certain areas of eastern Palm Beach County have a greater need for social services including In -Home Services, such as assistance to foster independent living; and Community Based Services, such as affordable health and wellness programs. Access to supportive care is extremely limited and with few options, many seniors must move into a facility. Persons with mental, physical, and/or developmental disabilities: Individuals with developmental disabilities require services throughout their lives. Without these supports, these individuals are among the most vulnerable people in terms of risk for hunger, homelessness, and unemployment. It has been found that home and community-based services are more effective than institutional settings in providing essential support to this population. Persons with alcohol or other drug addiction: According to the HHS Report, Palm Beach County had more heroin deaths during the first half of 2016 than any other county in the State. Cocaine deaths have been steadily increasing since 2013 attributed in part to the use of heroin and other opioids. Benzodiazepine deaths increased in 2015 and 2016 following sharp declines from 2011 to 2013 paralleling trends of prescription opioid fatalities. Substance abuse education is seen as the major need for this population. Persons with HIV/AIDS and their Families: The HOPWA and Ryan White Programs are the two predominant sources providing funding to assist with HIV/AIDS initiatives. The programs provide financial assistance, primary medical care, and essential support services to assist HIV/AIDS persons at risk of homeless. According to the HHS Report, the goal for Palm Beach County was to reduce the HIV Case Rate from 23.2 to 21.5 cases/100,000 through patient care, prevention planning and service implementation. Consolidated Plan BOYNTON BEACH 62 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 634 of 1276 Victims of domestic violence, dating violence, sexual assault, and stalking: A survey of providers identified needs as: affordable housing subsidies, financial counseling, affordable childcare, affordable health care, and legal services. There are several agencies that provide services to reduce incidences of domestic violence in the county, such as State Attorney's Office, YWCA/Harmony House, AVDA, and PBC Victim Services, among others. Veterans: Approximately 58,900 of the county's veteran population are 65 years and over. According to responses to the survey from special needs agencies, the most important needs for veterans are affordable housing, education, employment services, and substance abuse education. Youth aging out of foster care: Youths aging out of foster care are not prepared for independent living without assistance. Only 1 in 6 are completely self-supporting. According to the DHES survey, the most urgent needs of this population are affordable housing, financial counseling, education, healthcare, employment, and life skill training. Ex -offenders: ex -offenders will get assistance through the RESTORE and Offender Reentry Initiatives to help with integration back into the community. Residents of public housing: There are 919 households residing in public housing in the Jurisdiction. Additionally, another 1938 households are provided with housing vouchers. Survey of the Housing Authorities identified resident needs including childcare, mental health services, legal services, among others. Discuss the size and characteristics of the population with HIV/AIDS and their families within the Eligible Metropolitan Statistical Area: As the City of Boynton Beach does not receive HOPWA funding, we do not maintain data on this population. However, as described above, within Palm Beach County, there were 8,208 individuals living with HIV at the end of 2017 according to data from the Florida Department of Health, Bureau of HIV/AIDS. Of this total, 64.1% were males and 35.9% females. Discussion: As in past years, the City of Boynton Beach Community Improvement Division will continue to serve on the various boards through the Homeless & Housing Alliance to disseminate information to its residents in need of services for HIV/AIDS and other special needs. Consolidated Plan BOYNTON BEACH 63 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 635 of 1276 NA -50 Non -Housing Community Development Needs — 91.215 (f) Describe the jurisdiction's need for Public Facilities: Boynton Beach has many diverse public facility's needs, ranging from the need for new facilities to the expansion/rehabilitation of others. Some of the facilities needs identified in this Consolidated Plan include senior centers, handicapped centers, homeless facilities, youth and childcare centers, and facilities for special needs populations. The need for facilities and accessibility improvements for the elderly population is supported by the demographic makeup of the City's population. Twenty-one percent (21.3%) of the City's overall population is aged 65 and over; 17.3% are under 19 years old; and 8.2% have some form of disability. How were these needs determined? The city completed an assessment of the need for public facilities during the development of this Consolidated Plan. The City's FY 2021 Parks and Recreation Plan was reviewed. The needs identified above were directly suggested in consultation with relevant city departments and through comments received at public meetings to discuss the Plan and associated needs. Neighborhood facilities, health facilities, parks, and recreational facilities were considered low need based on community and survey responses. Facilities serving special needs populations such as shelters, group homes, and supportive housing were considered high priority by community stakeholders. Comments and recommendations made by City Commission were also considered. Describe the jurisdiction's need for Public Improvements: The following are the most needed public improvements in the city: street improvements, provisions for parking, sidewalks and pedestrian zones, and water/sewer improvements. Public improvements provided under the Consolidated Plan must benefit areas where the residents are at least 51% low -and moderate - income. According to the most recent (2015) ACS Summary data, 13 of the 23 block groups in the City have LMI percentages above 51%, meaning CDBG funds may be used to address some of these improvements. How were these needs determined? The city completed an assessment of the need for public facilities and public improvements. The needs identified above were directly suggested in consultation with relevant city departments. These public improvements were not viewed as a high priority in the community survey, but City staff viewed these activities as impacting more individuals and households than other activities. Comments and recommendations made by City Commission were also considered. Consolidated Plan BOYNTON BEACH 64 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 636 of 1276 Describe the jurisdiction's need for Public Services: The need for Public Services in Boynton Beach is driven by demographics, income, the needs of the special needs population, the needs of the homeless and those at risk of homelessness, housing status within the county, a need to educate the population on fair housing issues and specific needs of the underserved and low- and moderate -income population. Boynton Beach has identified the following public services needs which will be addressed with CDBG funds to the extent possible: childcare, preschool, after school care services, health services, domestic violence services, homeless services, disabled services, senior services, youth services, housing and fair housing counseling services, job training, legal services, substance abuse services, and veteran services. How were these needs determined? These needs are supported by statistics outlined below, drawn from the County's 2020-2024 Consolidated Plan which although expressed on a countywide level, can be presumed to reflect the needs of the city proportionally. The latest population estimates for the City of Boynton Beach's CDBG jurisdiction puts the population at 80,380 persons. Of this total, 5% are under 5 years and will need to be provided with childcare services to allow their parents to work. Additionally, after school services are required, especially for those attending elementary school. 21% of the jurisdiction population is over 65 years old, demonstrating the need for senior services. It is important to note that this population is presumed by HUD to be low -and moderate -income. The provision of services to the disabled population, which represents 8.2% of city's population, will be addressed by this Plan and it is anticipated that there will be collaboration between the County and a number of local non-profit providers to address this need. Information posted at Data USA for Palm Beach County revealed that approximately 14.0% of County residents do not have health insurance, thereby supporting the need for the provision of health services to those who cannot afford it. In 2017, a total of 4,613 incidences of domestic violence were reported in Palm Beach County, confirming the need for services aimed at addressing domestic violence. Approximately 3,000 homeless cases are addressed annually in the Palm Beach County Homeless System. This demonstrates the need to combat homelessness by providing homeless prevention and housing services. Consolidated Plan BOYNTON BEACH 65 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 637 of 1276 The County also needs to continue providing services to persons recently released from incarceration to assist with their re -assimilation into society. According to a report by the Department of Public Safety - Division of Justice Services, 1,200 people are released from prison annually. Based on the growing number of youths in the population (5.6% of those aged between 15 and 19), there is a strong need for public services which addresses youth needs. These will include educational services, family counseling for pregnant and parenting teens, and recreational services, etc. Over 70% of households in Palm Beach County are homeowners and many first-time homeowners are not fully conversant with all the intricacies of homeownership, such as: source financing, interacting with realtors and mortgage companies, homeowner responsibilities, and associated costs, among others. Consolidated Plan BOYNTON BEACH 66 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 638 of 1276 Housing Market Analysis MA -05 Overview Housing Market Analysis Overview: This section provides a general overview of the City of Boynton Beach housing market, including supply, demand, conditions, and cost of housing. We reviewed key market indicators such as household income, housing supply, age, and conditions of residential structures to understand trends in housing production and demand per income category. • A large percentage of the City's housing stock is older with about 42% built before 1980. An older housing stock indicates the presence of housing problems such as lead-based paint, the need for greater maintenance, and homes that do not meet the needs of today's households. Substandard housing as defined by HUD (lack of complete kitchen or plumbing facilities; overcrowding at 1.01 or more persons per room; and housing cost burden of more than 30% of income toward housing), impacts rental units (62%) more than owner -occupied units (29%). The housing cost burden and the inability of owner -occupied households to maintain their properties due to limited resources is an issue in the City. Owners of houses built prior to 1978 are likely to be elderly who are on fixed incomes and unable to make the necessary repairs to their homes. CDBG allocation has been used for owner -occupied rehabilitation programs in most cities with older housing stock. • There are disparities in homeownership in the City with White non -Hispanic residents having higher homeownership rates (68%) than minority residents. Black residents have the lowest homeownership rates (40%). According to recent studies done by the City such as the 2021 Boynton Beach Racial and Social, Equity Community Needs Assessment, renter households are increasing with over 60% of households moving into Boynton Beach within the past decade. The largest LMI area called the Heart of Boynton has the most concentration of renter households. • From 2015 to 2019, the median home value in Boynton has increased by 50.8 percent, and over the past two years, escalating home prices have mirrored the housing crisis in the County. In 2021, about 40 percent of houses sold above listing prices, and the median number of days that a house stayed on the market is reduced by half. The actions of cash investors especially in LMI neighborhoods have forced up prices making affordability a bigger issue for LMI families trying to recover from the impact of the pandemic. Interviews with community residents and stakeholders shows a disturbing trend of double-digit rent increases that end up forcing residents from their homes and federal subsidized rent restricted units are not turning over. Many landlords are unwilling to accept Section 8 housing choice vouchers because they limit the landlords from charging above -market rents. The 2021 ACS data shows that the median value of an owner - occupied home in the City is $229,100 and median monthly contract rent is $1,551. Some cities are seeking solutions such as requiring landlords who raise rents by more than five percent to give 60 -day notices. West Palm Beach requires 60 -day notice from landlords raising rent. • The city does not have a public housing authority, but city residents use HUD Section 8 vouchers to rent houses from private sector landlords. There is only one major facility serving the homeless Consolidated Plan BOYNTON BEACH 67 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 639 of 1276 in the City. Through participation in the countywide CoC, referrals are made through the Lewis Center which then makes assessments and move homeless persons to the appropriate agencies throughout their system. • The City does not have much information on the housing needs of its special needs populations including elderly, frail elderly, persons with disabilities, and victims of domestic violence. Their needs are served by adult day care centers, group homes, assisted living centers, and shelters that are provided on a County wide basis. City staff keeps a list of such agencies and works through the Palm Beach CofC to refer people in need. Some of the housing needs of the elderly such as home repairs are being addressed through the City's owner -occupied rehabilitation program funded through CDBG and State of Florida SHIP funds. • There are several barriers to affordable housing in the City. These include the lack of resources for affordable housing and related infrastructure, limited availability, and high cost of vacant lots for housing, high cost of construction, unaffordable rents, regulations, and land use controls with unintended effects of limiting housing choices, restrictive affordability periods, and limited housing options. The City worked with the Boynton Beach CRA to purchase lots for donation to two affordable housing non -profits. Increasing costs and competition from cash investors increases the need for more inclusive and mixed -income housing options for LMI families. • For non -housing community development needs, there is a need for more high-end manufacturing jobs with livable wages and skilled workers to meet the needs of businesses that are recovering from the pandemic. The City has hired an Economic Development Director that is focused on addressing disparities and improving the economic base. • There are not racially/ethnically concentrated areas of poverty (R/ECAP) within the City of Boynton Beach. Areas with general housing problems are concentrated in the Heart of Boynton LMI area of the City. With the completion of a disparity study by the FIU, the City is planning several strategic initiatives. These include addressing racial and social equity issues, strengthening access to resources for its underserved population, building an equitable economy and open opportunities for all residents, through an improved government delivery system. • The City's need for broadband is provided through five companies in the City with plans providing at least >_ 25/3 Mbps download/upload speed. However, there is a disparity in services based on incomes with households with incomes under $56,000 having much lower access than those with higher incomes. Service availability is good, but the affordability of the service to low- and moderate -income households is the biggest challenge. • LMI households especially those near to the coast such as Boynton Beach face disproportionate impacts of hazards such as hurricanes and the effect on climate change. In 2021, Palm Beach County completed a comprehensive joint climate -change vulnerability assessment with Boynton Beach and six other municipalities. This study examined the socioeconomic impacts of various climate threats in these areas. Consolidated Plan BOYNTON BEACH 68 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 640 of 1276 MA -10 Number of Housing Units — 91.210(a)&(b)(2) Introduction The purpose of the Market Analysis is to examine current housing market conditions in the City to identify any gaps in meeting the needs of residents. This section of the Plan provides an estimate of the current supply of housing and includes an examination of the existing housing inventory by property type, size, and tenure (owners/renters). Palm Beach County is the largest county in Florida by area covering 2,383 square miles. The City of Boynton Beach is the third largest municipality in Palm Beach County. According to the 2013-2017 American Community Survey (ACS), there are an estimated 36,375 housing units within the city, with approximately 19% being vacant housing units. The rental vacancy rate is reported as 8.2%, but with current market conditions it is lower than available ACS data shows. Examining tenure of occupied units, 17,650 (48.5%) units are owner occupied and 11,575 (31.8%) are renter occupied. An estimated 61% housing units are in properties with between one (1) and four (4) units; 38% housing units are in properties with five (5) or more units. Among all residential units approximately 2% are mobile homes/boat/RV/van/etc. Per the 2013-2017 ACS, approximately 49% of all owner -occupied housing units have three bedrooms or more, while 44% have two bedrooms, and 6% have one bedroom or less. For rental housing units, 27% have three bedrooms or more, 43% have two bedrooms, and 29% have one bedroom or less. All residential properties by number of units Property Type Number Renters 1 -unit detached structure 14,615 40% 1 -unit, attached structure 4,330 12% 2-4 units 3,270 9% 5-19 units 5,755 16% 20 or more units 7,840 22% Mobile Home, boat, RV, van, etc. 565 2% Total 36,375 100% Table 27 — Residential Properties by Unit Number Data 2013-2017 ACS Source: Unit Size by Tenure Consolidated Plan BOYNTON BEACH 69 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 641 of 1276 Owners Renters Number % Number No bedroom 30 0% 515 4% 1 bedroom 1,120 6% 2,950 25% Consolidated Plan BOYNTON BEACH 69 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 641 of 1276 Table 28 — Unit Size by Tenure Data 2013-2017 ACS Source: Describe the number and targeting (income level/type of family served) of units assisted with federal, state, and local programs. The City of Boynton Beach targets 25 low, low -moderate income families/units to assist with homeownership, primarily through the State Housing Initiatives Partnership (SHIP) Program. Provide an assessment of units expected to be lost from the affordable housing inventory for any reason, such as expiration of Section 8 contracts. Data is not available that specifically addresses the City limits of Boynton Beach, so Statewide and Countywide trends are helpful for assessing the conditions in the city. According to the Shimberg Center's Rental Market Study 2019, 674,201 rental units were added to the housing stock in Florida from 2000- 2017. Housing units with a rental cost of $1,000 or more grew by 718,166, while units with rental costs of $1,000 or decreased by 43,956 units. In addition, cost burdened households have also increased. According to the Palm Beach County Housing Needs Assessment, rental units that rent for less than $1,250 are being lost each year, while rental units that rent for more than $1,250 are being added. Does the availability of housing units meet the needs of the population? The Palm Beach County Affordable Housing Needs Assessment states: • Palm Beach County has an existing affordable housing demand supply gap of 33,334 moderately priced (80-120 percent MHI) owner units and 44,200 lower income priced (< 80 percent MHI) renter units • Palm Beach County's Workforce Housing Program has produced 485 workforce housing units for rent and 92 units for sale • Average annual loss of 17,167 affordable housing units since 2014 due to market appreciation • Average annual supply gap of 2,732 housing units during the last 10 years as housing construction activity has not kept pace with the County's population growth Describe the need for specific types of housing: According to the 2016-2020 ACS, the vacancy rate for homeowners in Boynton Beach is only 2.0%, demonstrating that 98% of the homeowner units are occupied. The vacancy rate for renters is 8.2%, and 91.8% units are occupied. The average household size for owner occupied units is 2.46 persons, and the average household size of rental units is 2.68 persons. Of all occupied housing units, 96.9% have 1.00 or Consolidated Plan BOYNTON BEACH 70 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 642 of 1276 Owners Renters Number % Number 2 bedrooms 7,805 44% 5,030 43% 3 or more bedrooms 8,695 49% 3,080 27% Total 17,650 99% 11,575 99% Table 28 — Unit Size by Tenure Data 2013-2017 ACS Source: Describe the number and targeting (income level/type of family served) of units assisted with federal, state, and local programs. The City of Boynton Beach targets 25 low, low -moderate income families/units to assist with homeownership, primarily through the State Housing Initiatives Partnership (SHIP) Program. Provide an assessment of units expected to be lost from the affordable housing inventory for any reason, such as expiration of Section 8 contracts. Data is not available that specifically addresses the City limits of Boynton Beach, so Statewide and Countywide trends are helpful for assessing the conditions in the city. According to the Shimberg Center's Rental Market Study 2019, 674,201 rental units were added to the housing stock in Florida from 2000- 2017. Housing units with a rental cost of $1,000 or more grew by 718,166, while units with rental costs of $1,000 or decreased by 43,956 units. In addition, cost burdened households have also increased. According to the Palm Beach County Housing Needs Assessment, rental units that rent for less than $1,250 are being lost each year, while rental units that rent for more than $1,250 are being added. Does the availability of housing units meet the needs of the population? The Palm Beach County Affordable Housing Needs Assessment states: • Palm Beach County has an existing affordable housing demand supply gap of 33,334 moderately priced (80-120 percent MHI) owner units and 44,200 lower income priced (< 80 percent MHI) renter units • Palm Beach County's Workforce Housing Program has produced 485 workforce housing units for rent and 92 units for sale • Average annual loss of 17,167 affordable housing units since 2014 due to market appreciation • Average annual supply gap of 2,732 housing units during the last 10 years as housing construction activity has not kept pace with the County's population growth Describe the need for specific types of housing: According to the 2016-2020 ACS, the vacancy rate for homeowners in Boynton Beach is only 2.0%, demonstrating that 98% of the homeowner units are occupied. The vacancy rate for renters is 8.2%, and 91.8% units are occupied. The average household size for owner occupied units is 2.46 persons, and the average household size of rental units is 2.68 persons. Of all occupied housing units, 96.9% have 1.00 or Consolidated Plan BOYNTON BEACH 70 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 642 of 1276 less occupants per room. Therefore, there is the greatest need for housing that has at least 2-3 bedrooms for owners and renters. Discussion As the population continues to increase, the City of Boynton Beach will need to expand the housing stock of affordable and available units to households of various income ranges. According to research by Apartment List, a housing analysis firm, Florida leads the nation in rental unaffordability with almost 57% of all renters considered cost burdened. More than a third of households in the State of Florida are renters. The situation is even worse for low-income Floridians, with 79% of them spending more than half their earnings to keep a roof over their heads, according to the National Low Income Housing Coalition. A study by the Shimberg Center for Housing Studies at the University of Florida shows the gap between salaries and housing costs is widening. According to the Shimberg Center, two-thirds of new households are renter households, which caused the homeownership rate to decrease in 2019 to 58% from 64% in 2000, further emphasizing the increasing demand for rental units. The Shimberg Center continues to state that there are only 23 affordable and available rental units for every 100 extremely low-income (<30% AMI) renter households. Consolidated Plan BOYNTON BEACH 71 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 643 of 1276 MA -15 Housing Market Analysis: Cost of Housing - 91.210(a) Introduction According to the American Community Survey (ACS) data provided in the table below, between 2009 and 2017 in Boynton Beach, the median value of homes decreased by 23% and median contract rent increased by 22%. Since 2015, however, the 2021 ACS data shows that median sales price has increased by an additional 39.4% to $229,100 and median contract rent has increased by an additional 24.6% to $1,551. Cost of Housing Table 29 — Cost of Housing Data Source: 2000 Census (Base Year), 2013-2017 ACS (Most Recent Year) Rent Paid Base Year: 2009 Most Recent Year: 2017 % Change Median Home Value 214,100 164,300 (23%) Median Contract Rent 1,022 1,245 22% Table 29 — Cost of Housing Data Source: 2000 Census (Base Year), 2013-2017 ACS (Most Recent Year) Rent Paid Number Owner Less than $500 543 4.7% $500-999 2,650 22.9% $1,000-1,499 4,975 43.0% $1,500-1,999 2,620 22.6% $2,000 or more 785 6.8% Total 11,573 100.0% Table 30 - Rent Paid Data Source: 2013-2017 ACS Housing Affordability Units affordable to Households earning Renter Owner 30% HAMFI 55 No Data 50% HAMFI 495 2,090 80% HAMFI 3,955 5,505 100% HAMFI No Data 7,910 Total 4,505 15,505 Table 31— Housing Affordability Data 2013-2017 CHAS Source: Consolidated Plan BOYNTON BEACH 72 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 644 of 1276 Monthly Rent Monthly Rent ($) Efficiency (no bedroom) 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom Fair Market Rent $ 1,050 $ 1,280 $ 1,580 $ 2,120 $ 2,580 High HOME Rent Low HOME Rent Table 32 — Monthly Rent Data Source: HUD FMR and HOME Rents Is there sufficient housing for households at all income levels? Based on CHAS data, there is a shortage of units affordable to lower income renter and owner households within the jurisdiction, particularly for households with incomes at or below 50% AMI. CHAS data in the housing affordability table indicates that only 1.2% of renter units are affordable to 30% or below AMI households; 11% of units are affordable to 50% AMI households; and 87% of units are affordable to 80% AMI. For owner units, there is an insufficient supply of affordable housing units for households at 50% AMI and below, with only 13.5% of units affordable; 35.5% are affordable to households with 80% AMI and 51% affordable to households with 100% AMI. How is affordability of housing likely to change considering changes to home values and/or rents? The 2013-2017 ACS data shows that the largest group of renters (43%) of renters pay rent between $1,000 and $1,499. As the median gross rent for Boynton Beach continues to rise ($1,551 per 2021 ACS), a very large group of renters will be unable to afford rental units. Housing prices—in both the rental and ownership markets—are rising faster than incomes, widening the affordability gap. If trends continue, affordability will continue to decline, particularly for wage and service workers whose incomes remain flat. How do HOME rents / Fair Market Rent compare to Area Median Rent? How might this impact your strategy to produce or preserve affordable housing? This is not applicable. Discussion As housing costs continue to increase beyond the pace of household incomes, the number of households who are cost burdened and financially limited regarding their housing choices will continue increase. Despite the 29.4% of households paying $1,500 and above in contract rent, this population does not represent the majority of residents who require less expensive rental units. Homebuyer assistance and housing subsidies remain limited, creating barriers for housing choice among a substantial majority of City residents who cannot achieve homeownership and rely on the supply of housing affordable to their income. Consolidated Plan BOYNTON BEACH 73 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 645 of 1276 MA -20 Housing Market Analysis: Condition of Housing — 91.210(a) Introduction This section summarizes condition indicators that are available from the U.S. Census and from HUD. According to the 2016-2020 American Community Survey (ACS), Boynton Beach's housing inventory consists of an estimated 37,498 housing units. The majority of the units (57.8%) were built after 1980. According to the ACS, 81% of the units were occupied, while 19% units were vacant. The ACS data indicates that of the housing conditions considered by HUD as components of substandard housing (lack of complete kitchen or plumbing facilities; overcrowding at 1.01 or more persons per room; and housing cost burden at more than 30% of income toward housing), the incidence of units with one or more conditions is higher for rental units (62%) than for owner -occupied units (29%). Definitions Housing with no conditions: • Standard Condition - A dwelling unit that meets HUD Section 8 Housing Quality Standards (HQS) (24 CFR 982.401) and all applicable state and local building codes and ordinances, with no major defects in the structure and only minor maintenance is required. Such a dwelling will have the following characteristics: reliable roofs, sound foundations, adequate and stable floors, walls, and ceilings, surfaces and woodwork that are not seriously damaged nor have paint deterioration, sound windows and doors, adequate heating, plumbing and electrical systems, adequate insulation and adequate water and sewer systems and are not overcrowded as defined by local code. Housing problems are defined as: • Substandard housing — households without hot and cold piped water, a flush toilet, a bathtub or shower; or with kitchen facilities that lack a sink with piped water, a stove or range, or a refrigerator. • Severely Overcrowded — households housing more than 1.51. persons per room excluding bathrooms, porches, foyers, halls, or half -rooms. • Overcrowded — households housing 1.01 to 1.5 persons per room excluding bathrooms, porches, foyers, halls, or half -rooms. • Severe Cost Burden (>50%) — the fraction of the household's total gross income spent on housing costs exceeds 50%. For renters, housing costs include rent plus utilities. For owners, housing costs include mortgage payment, taxes, insurance, and utilities. • Cost Burden (>30-50%) —the fraction of the household's total gross income spent on housing costs exceeds 30% but is less than 50%. For renters, housing costs include rent plus utilities. For owners, housing costs include mortgage payment, taxes, insurance, and utilities. • Substandard but suitable for rehabilitation — Housing units that have one or more of the previously indicated housing conditions but have no critical structural and/or environmental defects and are financially feasible to rehabilitate. Consolidated Plan BOYNTON BEACH 74 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 646 of 1276 Condition of Units Condition of Units Owner -Occupied Renter -Occupied Number % Number 8,880 With one selected Condition 5,010 28% 6,470 56% With two selected Conditions 170 1% 670 6% With three selected Conditions 0 0% 20 0% With four selected Conditions 0 0% 0 0% No selected Conditions 12,470 71% 4,415 38% Total 17,650 100% 11,575 100% Table 33 - Condition of Units Data 2013-2017 ACS Source: Year Unit Built Year Unit Built Owner -Occupied Renter -Occupied Number % Number 8,880 2000 or later 1,995 11% 3,680 32% 1980-1999 6,785 38% 4,380 38% 1950-1979 8,535 48% 3,370 29% Before 1950 345 2% 140 1 Total 17,660 99% 11,570 100% Table 34 — Year Unit Built Data 2013-2017 CHAS Source: Risk of Lead -Based Paint Hazard Risk of Lead -Based Paint Hazard Owner -Occupied Renter -Occupied Number % Number Total Number of Units Built Before 1980 8,880 50% 3,510 30% Housing Units build before 1980 with children present 2,360 13% 1,105 10% Table 35 — Risk of Lead -Based Paint Data 2013-2017 ACS (Total Units) 2013-2017 CHAS (Units with Children present) Source: Consolidated Plan BOYNTON BEACH 75 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 647 of 1276 Vacant Units Suitable for Not Suitable for Total Rehabilitation Rehabilitation Vacant Units Abandoned Vacant Units REO Properties Abandoned REO Properties Table 36 - Vacant Units Need for Owner and Rental Rehabilitation Per the 2013-2017 ACS data provided by HUD, 29% of owner -occupied housing units (5,180) and 62% of renter occupied housing units (7,160) have one or more of the conditions to consider the property to have a housing problem, such as substandard housing, overcrowding or cost burden. The data suggests that the need for rehabilitation is twice as great for renter -occupied units and owner -occupied units. The majority of renter -occupied units may need some form of rehabilitation to correct the kitchen, plumbing, or other similar conditions According to HomeFacts, a website that aggregates real estate and neighborhood data, Palm Beach County is in a very high-risk hurricane zone. Nearly 100 hurricanes have been recorded in Palm Beach County since 1930. Older structures may also be at greater risk of sustaining damage caused by tropical storms and hurricanes, due to the fact that the Florida Building Code (FBC) did not go into effect until 2002. Only 11% (1,995) of owner -occupied housing units and 32% (3,680) of rent -occupied housing units were built in 2000 or later. Estimated Number of Housing Units Occupied by Low- or Moderate -Income Families with LBP Hazards According to HUD's Guidelines for the Evaluation and Control of Lead -Based Paint Hazards in Housing (2012 Edition), the likelihood of lead-based paint being present in a residential dwelling is closely associated with the age of the structure. Per HUD, approximately 11% of housing units built between 1960 and 1977 in the U.S. are estimated to have "significant lead-based paint hazards, as compared to 39% for units built between 1940 and 1959 and 67% for units prior to 1940". According to the 2013-2017 CHAS data, 50% of owner -occupied units within Boynton Beach (8,880) and 30% of renter -occupied units (3,510) were built prior to 1980, raising the possibility of a unit at risk for lead-based paint hazards. The need for rehabilitation related to potential lead-based remediation is greater for owner -occupied units than renter -occupied units. Young children remain at risk for Lead-based paint (LBP) poisoning, and lead-based paint and lead -contaminated dust in older buildings are common sources of lead poisoning in children per research by the Mayo Clinic. Among owner -households, 13% (2,360 units) were built before 1980 and include children under the age of 18. For renter -occupied households, 10% (1,105 units) were built before 1980 and include children under the age of 18. Consolidated Plan BOYNTON BEACH 76 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 648 of 1276 Discussion One-half of the owner -occupied housing stock in the jurisdiction was developed pre -1980, and older units may benefit from rehabilitation and mitigation activities, ensuring the housing stock is maintained in a decent and safe manner. Although newer, the renter -occupied housing stock has a higher rate of housing problems (62% with one or more condition). Dedicating funding sources to support these activities for both owner -occupied and renter -occupied properties helps preserve the housing stock for low- and moderate -income households. Consolidated Plan BOYNTON BEACH 77 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 649 of 1276 MA -25 Public and Assisted Housing — 91.210(b) Introduction The City of Boynton Beach is served by the Palm Beach County Housing Authority (PBCHA). PBCHA owns and manages four public housing communities in West Palm Beach and Lantana, as well as forty-three single family homes throughout Boynton Beach. PBCHA does not have any waitlists open at this time. The table below presents the inventory of units and vouchers available provided by the housing authority for low-income public housing for individuals and families. Totals Number of Units Program Type Certificate Mod- Public Vouchers Rehab Housing Total Project Tenant Special Purpose Voucher Veterans Family Disabled -based -based Affairs Unification Supportive Program Housing # of units vouchers available 0 0 495 2,595 78 2,517 0 2,579 0 # of accessible units *includes Non -Elderly Disabled, Mainstream One -Year, Mainstream Five-year, and Nursing Home Transition Table 37 —Total Number of Units by Program Type Data PIC (PIH Information Center) Source: Describe the supply of public housing developments: There was no information available on the supply of public housing developments for Boynton Beach. Describe the number and physical condition of public housing units in the jurisdiction, including those that are participating in an approved Public Housing Agency Plan: The HUD Multifamily inspection report shows that Compton Place at Renaissance Commons in Boynton Beach was inspected on March 18, 2020 and received a REAC score of 91 (out of 100). Consolidated Plan BOYNTON BEACH 78 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 650 of 1276 Public Housing Condition Public Housing Development Average Inspection Score Table 38 - Public Housing Condition Describe the restoration and revitalization needs of public housing units in the jurisdiction: According to the Palm Beach County FY2020-2024 Consolidated Plan, PBCHA actively pursues grants and other funding opportunities to expand housing stock within its jurisdiction. The housing authority's properties sustained approximately $1.84 million in damages from Hurricane Irma in 2017 and continues to utilize available funds and identify available resources to repair its portfolio to pre -hurricane status. The authority continues to maintain and keep dwelling units and common areas in public housing sites well maintained. The urgent need for additional Senior/Disabled ADA compliant housing remains and the housing authority continues to pursue adding six new ADA compliant units at Schall Landings site in nearby West Palm Beach. Describe the public housing agency's strategy for improving the living environment of low - and moderate -income families residing in public housing: The PBCHA strategy for improving the living environment of their residents focuses on ensuring a safe living environment and reducing the crime rate. Partnering with the Palm Beach County Sheriff's Office (PBSO) increases the ability to achieve this goal. Additionally, income mixing of lower income families into higher income developments in public housing can deconcentrate poverty and help to improve the living environment. According to the Palm Beach County FY2020-2024 Consolidated Plan, PBCHA continues to work to improve housing conditions by leveraging public and private resources to create additional housing opportunities and providing more choices for its residents; renovate and modernize housing units that have become obsolete; provide aftercare for school age children. Daycare facilities, reading programs, and self-sufficiency programs have also been implemented to help improve the living environment for families residing in public housing. Discussion: Please see information above. Consolidated Plan BOYNTON BEACH 79 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 651 of 1276 MA -30 Homeless Facilities and Services — 91.210(c) Introduction There are very few facilities serving the homeless within the city. Referrals are coordinated and channeled through the Senator Phillip D. Lewis Homeless Resource Center (HRC), which serves as the centralized point of entry for families and individuals experiencing homelessness in Boynton Beach and the surrounding areas within Palm Beach County. Adopt -A -Family operates the Family Division of HRC, navigating over 500 families with children annually towards shelter and assistance through programs such as Program REACH, Project SAFE Self -Sufficiency, Empowerment and Educational programs. Referrals are available 24 hours a day, 365 days per year to the Lewis Center where a team of service providers, each offering a distinct service to meet the unique needs of each client. The information below is drawn from the Palm Beach County 2020 — 2024 Consolidated Plan and reflects the county as a whole. Several agencies provide a variety of services to support the complex needs of the homeless population in Palm Beach County. These needs not only include shelter for varying lengths of time, but also include basic needs such as food, clothing, and transportation. Many agencies provide supportive services, such as case management, medical screening, and counseling for financial, legal, substance abuse, employment, and life skills, among others. The complexity makes it difficult to provide a brief inventory of all housing facilities and services. In completing the homeless inventory below, the terms emergency shelter, transitional housing, and permanent supportive housing are defined as the following: Emergency Shelter: "Any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homelessness." (24 CFR 91.5) Transitional Housing: "A project that is designed to provide housing and appropriate supportive services to homeless persons to facilitate movement to independent living within 24 months, or a longer period approved by HUD". (24 CFR 91.5) Permanent Supportive Housing: This term is not defined by the regulations. Palm Beach County Homeless and Housing Alliance (CoC) defines it as long- term housing with supportive services for people who are not able to live independently. The following inventory identifies 415 emergency shelter beds, 127 transitional shelter beds, and 1,009 permanent supportive housing beds. Note that "chronically homeless households", "veterans", and "unaccompanied youth" are subpopulations and the beds for which are a duplicate count of the beds reported in another category. Consolidated Plan BOYNTON BEACH 80 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 652 of 1276 Facilities and Housing Targeted to Homeless Households Table 39 - Facilities and Housing Targeted to Homeless Households Consolidated Plan BOYNTON BEACH 81 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 653 of 1276 Emergency Shelter Beds Transitional Permanent Supportive Housing Housing Beds Beds Year - Voucher/ Current & Current & Under Round Seasonal/ New New Development Beds Overflow (Current & Beds New) Households with 269 4 32 341 0 Adult(s) and Child(ren) Households with 134 4 95 668 0 Only Adults Chronically 0 0 0 546 0 Homeless Households Veterans 23 0 20 431 0 Unaccompanied 53 0 38 60 0 Youth Table 39 - Facilities and Housing Targeted to Homeless Households Consolidated Plan BOYNTON BEACH 81 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 653 of 1276 Describe mainstream services, such as health, mental health, and employment services to the extent those services are used to complement services targeted to homeless persons Palm Beach County coordinates with various community partners who provide health, mental health, and employment services to ensure these services are offered to the County's homeless population. The County's Homeless Outreach Team (HOT Team), which spearheads the County's homeless outreach program, conducts initial screenings, and makes appropriate referrals in the field for services. Many of these requests are for health and/or mental health services. Most of these referrals are to the County's Health Department, Found Care, South County Mental Health Center, Legacy Behavioral Health, and the Southeast Florida Behavioral Health Network. The Senator Philip D. Lewis Center (the County's Homeless Resource Center) also conducts assessments and makes referrals for health and mental health services to the organizations named above. These entities provide health care and mental health services to the County's general population, including the low income and homeless population. Health services include but not limited to health screenings, routine preventive care, diagnostic services, and limited dental services. Mental health services provided include assessments, counseling, and individual treatment plans. These mental health services facilitate client's (both homeless and non -homeless) recovery and their reintegration back into the community. The County collaborates with The Lord's Place and Gulfstream Goodwill to provide employment training for all segments of the County's population, including the low income and homeless population. These agencies' employment services offer diverse programming (apprenticeships, training, education classes, and job coaching services) that assist clients to develop vocational and educational goals leading to employment and self-sufficiency. CareerSource of Palm Beach County also assist job seekers (both homeless and non -homeless) to achieve career success. CareerSource operates three (3) full-service career centers within Palm Beach County that provide career -counseling, use of computers, phones and fax machines for job searches, training opportunities and job placement. List and describe services and facilities that meet the needs of homeless persons, particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth. If the services and facilities are listed on screen SP -40 Institutional Delivery Structure or screen MA -35 Special Needs Facilities and Services, describe how these facilities and services specifically address the needs of these populations. Facility Type: Emergency Shelter Facility (451 Beds) Description: Any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for up to 90 days. Population Served: Homeless singles, families, veterans, veterans with families, unaccompanied youth Facility Type: Transitional Housing Facility (127 Beds) Description: A project that is designed to provide housing and appropriate supportive services to homeless persons to facilitate movement to independent living within 24 months. Population Served: Homeless singles, families, veterans, veterans with families, unaccompanied youth Facility Type: Permanent Supportive Housing (1,009 Beds) Consolidated Plan BOYNTON BEACH 82 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 654 of 1276 Description: A project that is designed to provide permanent housing and appropriate supportive services to persons who are unable to live independently. Population Served: Homeless singles, families, veterans, veterans with families, unaccompanied youth, chronically homeless individuals and families Facility Service: Homeless Prevention Description: Rent/utility/mortgage assistance necessary to keep the "at risk of homelessness" population housed Population Served: Singles, families, veterans, veterans with families who meet the HUD's definition of "at risk of homelessness" Facility Service: Rapid Re -Housing Description: Rental/utility assistance necessary to move the homeless as quickly as possible into permanent housing to achieve housing stability. Population Served: Homeless singles, families, veterans, veterans with families, unaccompanied youth Facility Service: Outreach Services Description: Services include in field assessments and referrals to the County's Homeless Resource Center, mental health facilities, substance abuse centers, and medical facilities Population Served: Homeless singles, families, veterans, veterans with families, unaccompanied youth, chronically homeless individuals, and families Facility Service: Supportive Services Description: Supportive services that are offered by many of the County's partners included but not limited to case management, life skills, substance abuse treatment, mental health services, education, financial counseling, AIDS/HIV related treatment and counseling, employment assistance, childcare, and transportation. Population Served: Homeless singles, families, veterans, veterans with families, unaccompanied youth, chronically homeless individuals, and families Consolidated Plan BOYNTON BEACH 83 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 655 of 1276 MA -35 Special Needs Facilities and Services — 91.210(d) Introduction Special needs populations are inclusive of the elderly, frail elderly, persons with disabilities to include mental, physical, and developmental, persons with alcohol and drug additions, and persons with HIV/AIDS. The City of Boynton Beach is unable to assess the number of persons that require supportive housing other than at the County level but reaffirms its longstanding commitment to support agencies who address those needs of these persons whenever possible. Within the County, special needs facilities and services are made available through local public and private (typically non-profit) programs. Including the elderly, frail elderly, persons with disabilities (mental, physical, developmental), persons with alcohol or other drug addictions, persons with HIV/AIDS and their families, public housing residents and any other categories the jurisdiction may specify, and describe their supportive housing needs Persons with special needs have a need for more affordable housing resources as indicated by those agencies committed to serving them. There continues to be a need for group homes and housing choice vouchers for rental assistance for those persons who can still obtain employment and live independently. Per information obtained from Palm Beach County, the non -homeless special needs populations experience many of the very same supportive housing needs as homeless populations. These needs are typically the result of the individuals being on a fixed income, having no or a bad credit history, health issues, a lack of job opportunities, a lack of affordable health care, and substance abuse or mental health disorders. The supportive housing needs of these groups include affordable housing, rental subsidies, financial management counseling, relocation assistance, education and employment services, access to legal services, and affordable quality childcare. Supportive housing needs of the elderly and persons with disabilities are provided by adult day care centers, group homes, assisted living centers, nursing homes if a higher level of care is required, transportation, and in-home support (personal care attendant, homemakers, home health aides). Victims/survivors of domestic violence seeking help require emergency shelter, transitional to long-term housing, and services for regaining independence. The HOPWA program and the Ryan White program, administered by the City of West Palm Beach and Palm Beach County, provide services to persons with AIDS/HIV and to their families. The HOPWA program funds are used to fund non-profit agencies that provide housing services to homeless/or persons afflicted with AIDS/HIV who are at -risk of becoming homeless. Services provided by the program include tenant - based rental assistance, short-term rent, mortgage and utility assistance, facility/project based housing, and supportive services. The Ryan White program, among other things, primarily assists AIDS/HIV infected persons who are at risk of becoming homeless. Youths aging out of foster care who opt to stay in extended foster care are provided with housing and a stipend by Child Net in Palm Beach County. Currently, some 75 to 90 foster children in Palm Beach County age out of foster care each year. Their most immediate needs are transitional housing, affordable housing, relocation assistance, financial counseling, education, employment and life skill training, affordable healthcare, substance abuse education. Consolidated Plan BOYNTON BEACH 84 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 656 of 1276 Veterans and ex -offenders most immediate needs are affordable housing (tenant -based rental assistance, short-term rent, mortgage and utility assistance, facility/project-based housing); accommodation in emergency and transitional facilities, where appropriate; residential and community case management; peer support group interactions; family unification; education and employment services, substance abuse education; and financial counseling. Describe programs for ensuring that persons returning from mental and physical health institutions receive appropriate supportive housing To oversee individuals returning from civil or forensic psychiatric hospitals, the Southeast Florida Behavioral Network provides coordination and services whereby patients are followed from beginning to end of their hospitalization and actively participates in the client's discharge planning. Additionally, Legacy Behavioral Health provides services to patients throughout Palm Beach County. Services include individual intensive case management; supported employment; vocational rehabilitation; on-the-job training; supported and supervised housing; substance abuse services; and residential treatment and care. Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one-year goals. 91.315(e) The City of Boynton Beach continues to support non -profits organizations in the city who provides services to this underserved group. The agency is also a strong supporter of the Homeless Housing Alliance of Palm Beach County. For entitlement/consortia grantees: Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one-year goals. (91.220(2)) The City will: • Provide SHIP funding for homeownership assistance for persons who are not homeless, but have other special needs. • Rehabilitate home(s) for persons with special needs. • Provide public service funding for Pathways to Prosperity Self-sufficiency educational programs to low income residents. • Provide funding for Alzheimer's Community Care, Inc. which provide services to low income residents suffering with Alzheimer's Disease. Consolidated Plan BOYNTON BEACH 85 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 657 of 1276 MA -40 Barriers to Affordable Housing — 91.210(e) Negative Effects of Public Policies on Affordable Housing and Residential Investment The City of Boynton Beach last amended its Housing Element in 2008. The overarching goal of the Housing Element is "To provide decent, safe, and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City". This goal is very broad and falls within the norms for almost all municipalities. Additional goals which more specifically prioritize affordable housing should be developed to increase its success. The City's Zoning Code defines a family as "One (1) or more persons occupying a single dwelling unit and using common cooking facilities. Families who provide care in their own home as duly state -licensed foster family homes, in which dependent children have been duly placed by the State of Florida, and which include not more than five (5) children (both natural and foster) in the household, are expressly included within this term." This definition is in line with the definition provided by the Department of Housing and Urban Development. In addition, the housing policy established by the Future Land Use Element of the Comprehensive Plan states that the City "shall provide a mix of available residential densities to accommodate a variety of housing types sufficient to meet the needs of the present and projected population of the City, including the provision of adequate sites for housing very low-, low- and moderate - income households and for mobile and manufactured homes." While the definition of "family" and Future Land Use elements are adequate, there are still existing barriers to the development maintenance and improvement of affordable housing. The most significant barriers to developing affordable housing include the following: • The lack of adequate public policies that support the creation of affordable housing - The Housing Element of the City's Comprehensive Plan establishes goals, objectives, and policies aimed at providing adequate housing for the City's residents. However, the Housing Element of the City's Comprehensive Plan has not been updated since 2008. The goals, objectives, and policies of the Housing element should be updated to reflect the current conditions of the City. • Lack of resources for affordable housing and infrastructure in support of affordable especially renter housing: As grant sources, both Federal and State, are declining, resources for developing affordable housing are limited. Limited funding resources and the cost of retrofitting existing houses are barriers to the availability and accessibility of housing for persons with disabilities. The majority of the City's CDBG is not projected to be spent on affordable housing initiatives. • Business Tax Receipt: A business tax receipt is required for the long-term rental of a property. The City should ensure that the inspections required to obtain a Business Receipt cover an evaluation of the property that ensures the accommodations are safe to be inhabited. Roof Truss tests may be required as part of the inspection process for manufactured home long-term rentals. This will ensure that the property conforms to HUD regulations for manufactured homes. • Limited Housing Options: The Housing Element mentions housing options in supportive housing but does not talk specifically about the type of houses such as accessory dwelling units that can accommodate new housing units in existing neighborhoods, provide housing options for lower- income persons, and allow for efficient use of the city's existing housing stock and infrastructure. Consolidated Plan BOYNTON BEACH 86 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 658 of 1276 • Impact Fees: Impact fees also pose a barrier to affordable housing. Currently, the impact fees for residential units 800 square feet in size or smaller are $2,699.22. Coupled with today's construction costs, impact fees can disincentivize affordable housing projects. • Zoning Regulations: Regulations and land use controls may also create unintended effects of reducing the availability of affordable housing as they may significantly impact the location and type of housing and business investments and may increase the cost of development. The development review and code compliance processes also tend to fall within the regulatory processes. Code compliance is essential to eliminate slums and blight but if not combined with adequate community engagement, it may become disastrous as residents may not comply and seek legal remedy. The City's Code Compliance Department should ensure that it is dedicated to enforcement as well as adequate community engagement. • Group Homes: Group homes are allowed per the City's Zoning Code. There is no distance requirement established between each group home establishment. However, conditional use approval is required for group homes to be permitted in several zoning districts within the City. The additional approval requirement creates a barrier to affordable housing for residents requiring this type of housing. • Accessory Dwelling Units: Accessory Dwelling Units are not allowed per the zoning code for residential purposes in single-family zoning districts. They are only allowed as an accessory use to any lawful non-residential principal use within a non-residential building. In addition, the living area requirement is seven hundred fifty (750) square feet and limited to occupancy by the property owner or business operator. Accessory Dwelling Units should be allowed as an accessory to lawful residential principal uses. • Restrictive Affordability Periods: The City has established an affordability period of 15 years for homes assisted through the CDBG and SHIP owner -occupied housing rehabilitation programs. It is quite possible, especially for elderly homeowners, that this may be a barrier to program participation. Neither program rules require affordability periods and the City's intent was to establish these requirements to preserve affordable housing. However, many of the homeowners of older housing stock in the city are likely to be elderly persons who may be reluctant to accept a lien and for such a long period. There are existing barriers to the development maintenance and improvement of affordable housing. The most significant barriers to developing affordable housing include the lack of adequate public policies that support the creation of affordable housing. The Housing Element of the City's Comprehensive Plan establishes goals, objectives, and policies aimed at providing adequate housing for the City's residents. However, the Housing Element of the City's Comprehensive Plan has not been updated since 2008. The goals, objectives, and policies of the Housing element should be updated to reflect the current conditions of the City. Furthermore, the housing policy established by the Future Land Use Element of the Comprehensive Plan states that the City shall provide a mix of available residential densities to accommodate a variety of housing types sufficient to meet the needs of the present and projected population of the City, including the provision of adequate sites for housing very low-, low- and moderate -income households and for mobile and manufactured homes." Consolidated Plan BOYNTON BEACH 87 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 659 of 1276 MA -45 Non -Housing Community Development Assets — 91.215 (f) Introduction As one of South Florida's emerging local economies, the City of Boynton Beach has a diverse, innovative economy that aims to promote a healthy and vibrant community through locally based, regionally driven economic development. We are part of the Miami -Fort Lauderdale -West Palm Beach Metro Area with a market of over 6.5 million people within 100 miles. Our unemployment rate currently sits at 3.5% and has a median age of 42.8. The three main sectors of our economy are healthcare/social assistance, retail trade, and accommodation/food services. We have over 9,600 businesses currently operating within the city to date that have created over 21,000 jobs. We have a thriving and emerging micro -brewery sector with 4 successful breweries. There are currently five major developments taking place in the city: • 500 Ocean • Riverwalk Plaza • Ocean One • Villages East Ocean • Town Square Boynton Beach ranks as one of the top 10 cities in Florida for affordability based on property market value, with a total market value of $8,959,904,023. Economic Development Market Analysis Business Activity Business by Sector Number of Workers Number of lobs Share of Workers Share of lobs lobs less workers Agriculture, Mining, Oil & Gas Extraction 520 4 2 0 -2 Arts, Entertainment, Accommodations 5,420 5,261 18 17 0 Construction 1,713 2,242 6 7 2 Education and Health Care Services 6,075 7,615 7 4 -3 Finance, Insurance, and Real Estate 2,134 1,266 7 4 -3 Information 582 194 2 1 -1 Manufacturing 823 803 3 3 0 Other Services 1,348 1,019 4 3 -1 Professional, Scientific, Management Services 2,731 4,007 9 13 4 Public Administration 0 0 0 0 0 Consolidated Plan BOYNTON BEACH 88 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 660 of 1276 Business by Sector Number of Workers Number of lobs Share of Workers Share of lobs lobs less workers Retail Trade 4,431 5,435 14 18 3 Transportation and Warehousing 714 500 2 2 -1 Wholesale Trade 1,261 747 4 2 -2 Total 27,752 29,093 -- -- -- Table 40 - Business Activity Data 2016-2020 ACS Narrative Profile — Boynton Beach Source: Labor Force Total Population in the Civilian Labor Force 49,418 Civilian Employed Population 16 years and over 29,978 Unemployment Rate 3.8 Unemployment Rate for Ages 16-24 53.14 Unemployment Rate for Ages 25-65 9.51 Table 41 - Labor Force Data 2016-2020 ACS Narrative Summary Source: Occupations for the Civilian Employed Population 16 Years and over in Boynton Beach city, Florida in 2016-2020 Management, business, sciences, and arts occupations Service occupations Sales and office occupations Natural resources, construction, and maintenance occupations Production, transportation, and material moving occupations Table 42 — Occupations by Sector Consolidated Plan BOYNTON BEACH OMB Control No: 2506-0117 (exp. 09/30/2021) 13,747 34.1 10,045 24.9 9,920 24.6 2,696 6.7 3,868 9.6 Page 661 of 1276 Data 2013-2017 ACS Source: Occupations by Sector Number of People Management, business and financial 7,160 Farming, fisheries and forestry occupations 1,675 Service 4,980 Sales and office 9,925 Construction, extraction, maintenance and repair 2,175 Production, transportation and material moving 1,420 Travel Time Travel Time Number Percentage < 30 Minutes 18,976 63.3% 30-59 Minutes 8,729 31.3% 60 or More Minutes 1,510 5.4% Total 28,700 100% Table 43 - Travel Time Data 2016-2020 ACS Narrative Summary Source: Education: Educational Attainment by Employment Status (Population 16 and Older) Educational Attainment In Labor Force Civilian Employed Unemployed Not in Labor Force Less than high school graduate 2,526 474 1,234 High school graduate (includes equivalency) 6,175 1,127 2,065 Some college or associate degree 9,424 1,231 1,714 Bachelor's degree or higher 7,661 502 924 Table 44 - Educational Attainment by Employment Status Data 2009- 2013 ACS Source: Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) BOYNTON BEACH Page 662 of 1276 Educational Attainment by Age Table 45 - Educational Attainment by Age Data Source: 2009-2013 ACS Educational Attainment — Median Earnings in the Past 12 Months Educational Attainment Age 18-24 yrs. 25-34 yrs. 35-44 yrs. 45-65 yrs. 65+ yrs. Less than 9th grade 101 280 299 982 1,176 9th to 12th grade, no diploma 1,124 629 675 1,369 1,346 High school graduate, GED, or alternative 1,906 2,037 1,746 4,182 3,377 Some college, no degree 1,757 2,483 1,746 4,182 3,377 Associate degree 548 1,122 837 1,999 653 Bachelor's degree 360 1,748 1,891 2,765 2,191 Graduate or professional degree 39 809 800 1,074 1,453 Table 45 - Educational Attainment by Age Data Source: 2009-2013 ACS Educational Attainment — Median Earnings in the Past 12 Months Educational Attainment Median Earnings in the Past 12 Months Less than high school graduate 18,077 High school graduate (includes equivalency) 26,016 Some college or associate degree 33,345 Bachelor's degree 44,195 Graduate or professional degree 46,310 Table 46 — Median Earnings in the Past 12 Months Data Source: 2013-2017 ACS Based on the Business Activity table above, what are the major employment sectors within your jurisdiction? • Education and Healthcare/Social Service — The city is home to one of the country's top 100 hospitals and features two magnet elementary schools among many excellent secondary schools, three universities, and two major career development colleges. • Retail Trade — Over 560 (16%) of the city's businesses are retailers with 11 million square feet of rentable building area available. Recent data on rental rates reflect an increase over the past ten years. Also, retail vacancy rates have declined over the recent past and remained stable during the pandemic. Consolidated Plan BOYNTON BEACH 91 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 663 of 1276 • Arts, Entertainment, Accommodations/Food Services — More than 230 restaurants operated within the city, and one-quarter of all businesses are restaurants. The city also has several large hotels providing job opportunities from entry-level to management. Describe the workforce and infrastructure needs of the business community: The City's workforce would significantly benefit from more high-end manufacturing jobs with livable wages. Recent success in attracting more high-tech businesses is addressing this need. Describe any major changes that may have an economic impact, such as planned local or regional public or private sector investments or initiatives that have affected or may affect job and business growth opportunities during the planning period. Describe any needs for workforce development, business support or infrastructure these changes may create. The city has hired an Economic Development Director who is focusing on wealth building in the community. There is the need for workforce development for workers who are changing careers and are needed for the new and recovering businesses post -pandemic. How do the skills and education of the current workforce correspond to employment opportunities in the jurisdiction? Boynton Beach has a broad range of job opportunities covering every business sector which corresponds well with the education levels of the current workforce. The city continues to offer job training and placement opportunities, particularly for both unskilled workers and upwardly mobile young professionals. The current labor participation rate for the city is 63.8%. According to a 2021 report prepared by Florida International University (FIU) on Racial and Social Equity — A Community Needs Assessment, the following recommendations are directly related to addressing both educational and economic disparities: Recommended Strategies: Create an effective education -to -workforce pipeline by analyzing job demand and worker supply trends, and raising awareness about future job prospects and training opportunities; disseminate information to students about skills in demand and job projections Recommended Strategies: Improve support to at -risk students - ensure that students receive information and opportunities to learn both in school and outside of school on career topics, including prospective fields of work; create partnerships between city, school and the private sector for mentorship, internships or apprenticeships; invite certification providers to offer accessible and affordable courses to students, creating foundational skills, including technology, but also soft skills, college readiness, financial literacy; afterschool programs; economic instability and parental involvement have significant impact on educational outcomes, therefore provide wraparound services to families. Describe any current workforce training initiatives, including those supported by Workforce Investment Boards, community colleges and other organizations. Describe how these efforts will support the jurisdiction's Consolidated Plan. Consolidated Plan BOYNTON BEACH 92 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 664 of 1276 Two local colleges, the International College of Health Sciences and the Florida Career College offer programs and training initiatives in support of those in the community seeking first-time or advancement job opportunities and include financial aid programs. The Urban League also offers a Workforce Development Program, as well as Career -Source of Palm Beach County. According to the same 2021 report prepared by Florida International University (FIU) on Racial and Social Equity—A Community Needs Assessment, the following recommendations were cited to address the need for additional training and workforce development challenges. Recommended Strategies: Targeted efforts to increase awareness of job and training options; direct resources and encourage providers to connect with economically disadvantaged individuals and consider providing additional services that improve access to training, e.g., transportation, life coaching, and other wraparound services. Recommended Strategies: Encourage retailers to provide higher incomes, but also benefits and policies that provide stability to workers; conduct a business survey to understand challenges of employers in finding workforce and their needs for business support services; develop a targeted approach to attract and support businesses in high wage sectors; incubate and accelerate existing businesses with high- growth potential and high value-added in terms of revenues and worker earnings; Buy Local campaign; provide exposure to local businesses by creating a local directory. Recommended Strategies: Promotion of existing educational programs, encourage education providers to offer short-term certifications for in -demand jobs within the city (to avoid transportation challenges); monitor economic changes to pivot educational opportunities into sectors in -need of a larger "pipeline" and specific skills. Does your jurisdiction participate in a Comprehensive Economic Development Strategy (CEDS)? M If so, what economic development initiatives are you undertaking that may be coordinated with the Consolidated Plan? If not, describe other local/regional plans or initiatives that impact economic growth. The City's Economic Development Department established small business and workforce development programs to meet the goals of the City's 2021 Community Needs Assessment. The City has issued a contract to prepare an Economic Development study which will guide the City's strategy. Discussion Consolidated Plan BOYNTON BEACH 93 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 665 of 1276 MA -50 Needs and Market Analysis Discussion Are there areas where households with multiple housing problems are concentrated? (include a definition of "concentration") HUD's Affirmatively Furthering Fair Housing Data and Mapping Tool (AFFH-T) describes four general housing problems as incomplete kitchen facilities; incomplete plumbing facilities; more than 1 person per room; and a cost burden greater than 30%. The four severe housing problems are the same except that the cost burden is greater than 50%. For purposes of this analysis, concentrated housing problems exist if at least one-third (33%) of households are experiencing housing problems. Of all Race/Ethnic groups reported in the AFFH-T, Black households experience the highest percentage of housing problems (63.2%) and the highest percentage of severe housing problems (41%). Are there any areas in the jurisdiction where racial or ethnic minorities or low-income families are concentrated? (include a definition of "concentration") The definition of a racially/ethnically concentrated area of poverty (R/ECAP) as developed by the HUD Office of Policy Development and Research (OPDR) requires R/ECAPs census tracts to have a minority population of 50% or more and an individual poverty rate of 40% or more (or an individual poverty rate that is at least 3 times that of the tract average for the metropolitan area, whichever is lower). Analyzing the concentration of minorities in high poverty areas assists in the review of access to housing. The AFFH- T shows no R/ECAPs in the City of Boynton Beach. What are the characteristics of the market in these areas/neighborhoods? According to the AFFH-T, the City of Boynton Beach has a population of 68,217. The racial/ethnic makeup of the community is approximately 54% White, 29% Black/Non-Hispanic, 13% Hispanic, 2% Asian or Pacific Islander/Non-Hispanic, 0.2% Native American/Non-Hispanic, 1.5% 2 or more races/Non-Hispanic, and 0.2% Other/Non-Hispanic. The AFHH-T uses a variety of indexes to indicate opportunities available to the racial/ethnic groups in Boynton Beach. The Low Poverty Index captures poverty in a given area. The index is based on the poverty rate and is determined at the census tract level. Of all populations living below the Federal poverty line, the Black population also experiences the greatest exposure to poverty with an index score of 21.83. The School Proficiency Index uses school -level data on the performance of 4th grade students on state exams to describe which neighborhoods have high -performing elementary schools nearby and which are near lower performing elementary schools. Of all populations living below the Federal poverty line, the Black population also experiences the lowest school system quality with an index score of 32.95. The Labor Market Engagement Index provides a summary description of the relative intensity of labor market engagement and human capital in a neighborhood. Of all populations living below the Federal poverty line, the Black population also experiences the lowest index score of 24.91. Are there any community assets in these areas/neighborhoods? The Boynton Beach Community Redevelopment Agency (BBCRA) serves the community by guiding redevelopment activities such as affordable housing, free business promotional events, and small Consolidated Plan BOYNTON BEACH 94 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 666 of 1276 business funding programs to create a vibrant downtown core and revitalized neighborhoods within the Agency's 1,650 acres located along the eastern edge of the City of Boynton Beach. Are there other strategic opportunities in any of these areas? The City of Boynton Beach Strategic Plan FY 2020-2021 states that the City began planning for the following strategic initiatives: • Cultivate consciousness and develop a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City. • Strengthen resource access to the City's underserved populations by maintaining a database of links that connect residents with resources, supporting relationships, and partnerships. • Build an equitable economy that will grow family -wage careers, advance opportunities for prosperity, collaborate with partners for an equitable city, and create vibrant neighborhoods and communities. • Create responsive, accountable, and cost-effective government programs and services that lead to Performance Excellence. Consolidated Plan BOYNTON BEACH 95 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 667 of 1276 MA -60 Broadband Needs of Housing occupied by Low- and Moderate -Income Households - 91.210(a)(4), 91.310(a)(2) Describe the need for broadband wiring and connections for households, including low- and moderate -income households and neighborhoods. Per the Federal Communication Commission [FCC] website (fcc.gov) broadband service is accessible to all households throughout Boynton Beach. According to the 2014-2019 American Community Survey, (ACS), 83.1% of households in Palm Beach County had a broadband subscription with an internet provider. There are five broadband providers in the city of Boynton Beach with plans providing at least >_ 25/3 Mbps download/upload speed. According to a 2013 White House report on broadband, there are major disparities in broadband affordability. Per the report, 93% of families making more than $100,000 have broadband access at home compared with only 43% of families making under $25,000. Therefore, the need in Boynton Beach is not the availability of service, but the affordability of service to low- and moderate -income households. Palm Beach County does provide broadband service to public institutions such as libraries and schools at lower prices than private providers. Residents can access information and services at these facilities free of charge. The FCC also updated their Lifeline Program in 2016 to include fixed broadband internet service to reduce the cost burden to low-income households. Through this program, the FCC works with an interested broadband provider to provide service at a discounted rate, designating the Eligible Telecommunications Carrier (ETC) as a Lifeline Broadband Provider (LBP), and allowing the provider to provide a discount to eligible households. Describe the need for increased competition by having more than one broadband Internet service provider serve the jurisdiction. As stated above, there are five broadband providers in the city of Boynton Beach with plans providing at least >_ 25/3 Mbps download/upload speed. It is doubtful that additional competition would have a significant impact on service affordability. Consolidated Plan BOYNTON BEACH 96 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 668 of 1276 MA -65 Hazard Mitigation - 91.210(a)(5), 91.310(a)(3) Describe the jurisdiction's increased natural hazard risks associated with climate change. Climate change is the defining challenge for the 21st century. The burning of fossil fuels and the emission of greenhouse gases (GHG) has contributed to a steady rise in carbon dioxide levels in the atmosphere that have the potential to result in changes to the global climate, including long-term temperature increases, melting of glaciers, decrease in polar ice pack, changes in weather patterns resulting in droughts and flooding, and sea level rise. Sea level rise would have a direct impact on the City of Boynton Beach's (City) water supply, the ability of stormwater drainage infrastructure to function properly and the livability of real estate along the ocean and Intracoastal Waterway. The projected long-term effects of climate change would directly affect the City's operations in the absence of a strategic plan that actively moves the city forward using a sustainable approach. These many factors embodied the basis for the City's creation of a Climate Action Plan (CAP) in 2010 that seeks to reduce the City's greenhouse gas (GHG) emissions as a first step towards a sustainable future. Further, according to the Palm Beach County 2020 — 2024 Consolidated Plan, the County (including the City of Boynton Beach) faces multiple impacts ranging from extreme heat and drought to sea level rise, flooding, extreme storms, and saltwater intrusion. Based on scientific studies, by midcentury we can expect an average of 72 days per year with a heat index above 105 degrees Fahrenheit. This is compared to an average of four days per year with a heat index above 105 degrees Fahrenheit between 1971 and 2000. In addition to rising temperatures, according to regional projections we can expect mean sea levels to rise between 21 and 54 inches above the 2000 mean sea level by 2070, which will result in more frequent nuisance flooding and increased impacts from storm surge. With substantial diversity in income levels, education, physical health, mental health, and age, these changes only exacerbate existing challenges. Boynton Beach's low- and moderate -income residents will be affected disproportionately, due to their inability to afford remediation efforts on their properties and their inability to relocate from potentially impacted areas. Describe the vulnerability to these risks of housing occupied by low- and moderate -income households based on an analysis of data, findings, and methods. The physical impacts of a changing climate are matched and compounded by social challenges and economic consequences such as rising energy costs associated with conveying water, transportation, and health care. Low-income and vulnerable citizens, such as our elderly community, face disproportionate impacts of climate change including having fewer resources to respond to these changes. Palm Beach County, which Boynton Beach is situated within, participated in a joint sea level rise vulnerability assessment in 2012 with Broward, Miami -Dade, and Monroe County of the Southeast Florida Climate Change Compact. The assessment looked at the region's vulnerability to 1, 2, and 3 feet of sea level rise and used geographic information systems (GIS) layers that were created using a modified Consolidated Plan BOYNTON BEACH 97 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 669 of 1276 bathtub approach. The 2012 assessment was based on land elevation only and did not consider flooding related to rain events or that may be caused by storm surge/flood events. The following map illustrates the areas affected by sea level rise. Based on a review of the data, it appears that low and moderate - income areas within the Urban County Program jurisdiction that lie east of U.S. 1 would be impacted. These areas are found in the municipalities of Lake Park, Riviera Beach, Lake Worth Beach, and Lantana, as well as the eastern areas of Boynton Beach. In 2021, Palm Beach County completed a comprehensive joint climate -change vulnerability assessment with Boynton Beach and six other municipalities located in the southeast section of the county that also included small areas of unincorporated Palm Beach County. This study examined the socioeconomic impacts of various climate threats in these areas. The most vulnerable areas identified during the study include 33,900 households with members 65 or older, and 18,400 households with members < 18. The study identified a number of specific threat areas, the most urgent of which are detailed below: 1. Rainfall Induced Flooding presents the greatest exposure and highest levels of vulnerability and risk of all flooding threats assessed in this regional study. Specifically: • NW areas show a co -occurrence of rainfall -induced flooding and high social vulnerability • Most W and SW properties are within the 25 to 100 -yr inundation extents, many are pre -FIRM or outside regulatory extent • Along the coast, rainfall induced flooding is compounded by tidal flooding and storm surge • Roadways and sidewalks are especially vulnerable in the west and southwest areas 2. Sustained High Winds are typically associated with tropical storms and can destroy infrastructure and assets. The study looked at property -level assessments based on use type and wind -related building design regulations. • Health/Medical & Energy/Communications assets show highest percentages of vulnerability • Unincorporated County areas have relatively low residential vulnerability compared to other jurisdictions in the region • Several areas with high residential building vulnerability co-occur with areas of high social vulnerability • 18 of the 22 most vulnerable residential areas are also among the most socially vulnerable 3. Extreme Heat Events are periods of excessively hot and/or humid weather that can last multiple days. Areas most vulnerable to extreme heat tend to have: • More than 85% developed land cover (urban areas), less than 6% tree canopy coverage • High socioeconomic stress, and sensitive population As evidenced by the results of this study, the low -and- moderate -income populations of Boynton Beach, and Palm Beach County as a whole, face significant risks associated with these threats. And while there are remediation efforts that can be made to reduce property risks, such as Dry flood proofing, wind proofing, and elevating structures above flood levels, these options are often not affordable to LMIU homeowners or renters. Consolidated Plan BOYNTON BEACH 98 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 670 of 1276 Strategic Plan SP -05 Overview Strategic Plan Overview The City is increasing its allocation of federal resources by addressing geographic priorities with up to 63 percent of the funding for FY 2022-2023. Other activities such as public services are provided Citywide based on income eligibility. Some activities target the City's low- to moderate -income (LMI) target areas while some address the needs of LMI limited clientele. Priority needs were established through a community process, historical funding allocations, and data. The highest priority needs below were determined through the housing and community needs assessment process of the Consolidated Plan and the review of related data. 1. Rehabilitation and preservation of existing housing especially single-family units. 2. Promotion and increase in homeownership and rental housing opportunities. 3. Increased public services to youth, seniors, and special needs populations 4. Economic development through business assistance and job creation/retention 5. Homeless prevention and assistance 6. Public facilities including those operated by non -profits such as group homes, shelters for the homeless and victims of domestic violence For FY 2022-2023, the City will receive $547,027 in CDBG funds. For the five-year period, the City estimates receiving $2,736,035 in CDBG funds. The Community Improvement Division of the Financial Services Department is the lead agency for administering HUD grants. Other City departments and the Boynton Beach CRA works with the Division. The city works with the Palm Beach County Continuum of Care (CofC) and local and regional non-profit organizations to provide public services. Funding reductions and other factors affect service delivery. The City continues to affirmatively further fair housing through the provision of fair housing services. Market characteristics include the construction of new houses and the acquisition and rehabilitation of existing single-family houses. Owner -occupied rehabilitation of single-family houses is important as much of the housing stock in the city is older units that may be subject to lead-based paint and deferred maintenance. Many of these houses are occupied by elderly households on fixed incomes who have challenges in finding resources to repair and stay in their homes. The City does not have any public housing units, but Palm Beach County and Delray Beach Public Housing Authorities offer Section 8 Housing Choice Vouchers for renting homes in the City. The city will act to reduce barriers to affordable housing including lack of affordable housing, exclusion of some affordable housing types, vacant land, and construction costs. Fair housing impediments including inadequate fair housing knowledge, lending disparities, and a segregated housing market will be addressed. Strategies include reducing housing costs, energy efficiency, and exploring developer incentives. Consolidated Plan BOYNTON BEACH 99 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 671 of 1276 Homes constructed prior to 1978 selected for rehabilitation will be tested for lead-based paint. CDBG funds will be used to improve neighborhood conditions, improve quality of life, and to reduce poverty. The city will seek to provide business assistance, create jobs, and expand economic opportunities. The Community Improvement Division will carry out monitoring of non -profits, other City departments, and contractors through various methods including remote and on-site reviews in accordance with its policies and procedures and provide technical assistance as needed. The City will work with the CofC to address homeless needs and prevention. Consolidated Plan BOYNTON BEACH 100 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 672 of 1276 SP -10 Geographic Priorities — 91.215 (a)(1) Geographic Area The City's low -to -moderate -income (LMI) target areas are those census tracts and block groups in which at least 51 percent of the population are households whose incomes are at or below 80 percent of the area median income (AMI). An average of sixty-six percent of the population within census tracts 5601, 5701, 5702, 6100, and 6201 are low -to -moderate -income. Table 47 - Geographic Priority Areas General Allocation Priorities Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) All CDBG funds will be geographically allocated citywide, with preferences on the CDBG target area as it is the area with the highest area of minority concentration and lowest of incomes. The City plans to focus its CDBG funds on public improvements in its census tracts that have a low -to -moderate -income (LMI) population of 51 percent or more including the area called the Heart of Boynton. For the previous FY 2017-2021 Consolidated Plan and related Annual Action Plans, the City did not direct its assistance based primarily on those target areas. The CDBG regulations allow for resources to be allocated based on the income characteristics of beneficiaries. As such, the City allocated its previous CDBG resources for public service activities, and home repair Citywide. On a target area basis, the City funded the development of affordable housing in the Heart of Boynton through the Special Activity by a Community Based Development Organization (CBDO), the Boynton Beach Faith Based CDC. For the FY2022-2026 Consolidated Plan, the City decided to continue funding public services Citywide but discontinued funding the CBDO activity and will focus CDBG resources on public improvements in its LMI target areas including the Heart of Boynton. The City determined that these public improvement activities including sidewalks, road improvements, and equipment have the potential of meeting the needs of a larger section of the LMI population. Consolidated Plan BOYNTON BEACH 101 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 673 of 1276 SP -25 Priority Needs - 91.215(a)(2) Priority Needs Table 48 — Priority Needs Summary 1 Priority Need Rehabilitation and Preservation of Existing Housing Name Priority Level High Population Extremely Low Low Moderate Elderly Geographic Areas Citywide Affected Associated Goals Residential Rehabilitation Description The city will continue to focus on rehabilitation of owner -occupied housing on a City-wide basis due to the aging housing stock that exists. The strategy will focus on improving health and safety, code violations, accessibility, and sustainability for extremely low to moderate households with preferences provided to the elderly, disabled, and veterans below 50% AMI. Basis for Relative Rehabilitation activities were identified as a priority during the Consolidated Priority Plan planning process. The City's housing stock contains a high percentage of units built prior to 1980. 2 Priority Need Promote and Increase Homeownership and Housing Rental Opportunities Name Priority Level High Population Low Moderate Geographic Citywide Areas Affected Associated Goals Home Purchase Assistance Affordable Housing Creation Description Homeownership and access to rental housing is the cornerstone of developing stable neighborhoods. Overall, the City of Boynton Beach has a large percentage of owner -occupied units, but areas of the city experience low homeownership rates and sub -standard housing. As the population and housing demand increases, units need to be preserved and created. Basis for Relative This strategy helps establish higher rates of homeownership throughout Priority the City, maintain and repair existing aging housing stock, and create affordable rental housing opportunities. Consolidated Plan BOYNTON BEACH 102 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 674 of 1276 3 Priority Need Increased Public Services Name Priority Level High Population Extremely Low Low Moderate Families with Children Elderly Frail Elderly Persons with Disabilities Geographic Citywide Areas Affected Associated Goals Public Services Description The objective is to improve and expand public services that address senior services, crime prevention, childcare, youth services, fair housing counseling, recreational services, tenant/landlord counseling and employment training. Basis for Relative This increases the availability and accessibility of services to the Priority community residents to meet public service needs, as indicated by public feedback. 4 Priority Need Economic Development Name Priority Level High Population Extremely Low Low Moderate Middle Geographic Citywide Areas Affected Associated Goals Economic Development Public Facilities Improvement Job Creation Infrastructure Improvement Economic Development Technical Assistance Description Provide incentives and technical assistance to promote economic development/job creation and improved public facilities/infrastructure in underserved areas. Basis for Relative This priority places emphasis on economic development activities and Priority public facilities improvements, as indicated in public feedback. Consolidated Plan BOYNTON BEACH 103 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 675 of 1276 5 Priority Need Homeless Assistance Name Priority Level High Population Extremely Low Low Chronic Homelessness Mentally III Chronic Substance Abuse Veterans Unaccompanied Youth Geographic Citywide Areas Affected Associated Goals Homeless Assistance Description Provide housing and support services to assist individuals and families who are in or in danger of being homeless. Basis for Relative The City will continue to work with the Homeless Coalition and Priority Continuum of Care on strategies to assist individuals and families facing homelessness with an emphasis on the housing first model and providing effective mental health and substance abuse support services. 6 Priority Need Services for Children and Youth Name Priority Level Medium Population Extremely Low Low Moderate Families with Children Geographic Areas Areas for Individual Benefit and Administration Affected Associated Goals After -School Care Day Care Youth Programs Description Provide services for children and/or youth. Basis for Relative This need was given a Medium priority through an evaluation of community Priority surveys and data analysis. 7 Priority Need Health and Mental Health Services Name Priority Level Medium Population Extremely Low Low Moderate Consolidated Plan BOYNTON BEACH 104 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 676 of 1276 Consolidated Plan BOYNTON BEACH 105 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 677 of 1276 Large Families Families with Children Elderly Individuals Families with Children Mentally III Chronic Substance Abuse Persons with Alcohol or Other Addictions Geographic Areas Areas for Individual Benefit and Administration Affected Associated Goals Health Care Services Substance Abuse Treatment Counseling Description Provide health care and mental health services in eligible areas. Basis for Relative This need was given a Medium priority through an evaluation of community Priority surveys and data analysis. 8 Priority Need Fair Housing Services Name Priority Level Medium Population Extremely Low Low Moderate Large Families Families with Children Elderly Geographic Areas Areas for Individual Benefit and Administration Affected Associated Goals Fair Housing Counseling Fair Housing Education Fair Housing Enforcement Fair Housing Testing Description Provide fair housing services in eligible areas. Basis for Relative This need was given a Medium priority through an evaluation of community Priority surveys and staff analysis. 9 Priority Need Parks and Recreation Facilities Name Priority Level Low Population Extremely Low Low Consolidated Plan BOYNTON BEACH 105 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 677 of 1276 Narrative (Optional) The City's priority needs were determined based on reviewing census, housing, and economic development data from various sources. The census data sources provided by HUD were the 2015-2017 American Community Survey (ACS) and the 2013-2017 Comprehensive Housing Affordability Study (CHAS). The data was supported by various community surveys including the City's 2021 Racial and Social Equity Community Needs Assessment, the City's 2017 and 2021 Housing Needs Assessment, the Consolidated Plan agency and resident surveys, and feedback for the use of the American Rescue Plan Act (ARPA) funding. Feedback from public comments at the two Consolidated Plan public meetings was also included in the priority need determination. The need for affordable housing in the City and Palm Beach County is critical and was viewed as the highest priority for both renters and homeowners. The changing demographics and the economic impact of the COVID-19 pandemic saw job creation and retention and public services for the elderly, youth and children were selected as the next highest priorities. Public infrastructure and parks and recreational centers were concerned low priority from community surveys and comments and as a relative priority for residents. Activities are selected for funding in accordance with the priority needs established in the Consolidated Plan public participation process and the statutory requirements to provide decent housing, homeownership opportunities, economic development opportunities, homeless assistance, and expansion of public services. Consolidated Plan BOYNTON BEACH 106 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 678 of 1276 Geographic Areas Low -Income Area Benefit Affected Associated Goals Parks and Recreational Centers Description Provide improvements to parks and recreation facilities in eligible areas. Basis for Relative This need was given a Low priority through an evaluation of community surveys Priority and data analysis. 10 Priority Need Public Infrastructure Name Priority Level Low Population Extremely Low Low Geographic Areas Low -Income Area Benefit Affected Associated Goals Street Improvements Sidewalk Improvements Description Provide improvements to streets, roads, sidewalks, curbs and gutters, culverts, and drainage. Basis for Relative This need was given a Low priority through an evaluation of community surveys Priority and data analysis. Narrative (Optional) The City's priority needs were determined based on reviewing census, housing, and economic development data from various sources. The census data sources provided by HUD were the 2015-2017 American Community Survey (ACS) and the 2013-2017 Comprehensive Housing Affordability Study (CHAS). The data was supported by various community surveys including the City's 2021 Racial and Social Equity Community Needs Assessment, the City's 2017 and 2021 Housing Needs Assessment, the Consolidated Plan agency and resident surveys, and feedback for the use of the American Rescue Plan Act (ARPA) funding. Feedback from public comments at the two Consolidated Plan public meetings was also included in the priority need determination. The need for affordable housing in the City and Palm Beach County is critical and was viewed as the highest priority for both renters and homeowners. The changing demographics and the economic impact of the COVID-19 pandemic saw job creation and retention and public services for the elderly, youth and children were selected as the next highest priorities. Public infrastructure and parks and recreational centers were concerned low priority from community surveys and comments and as a relative priority for residents. Activities are selected for funding in accordance with the priority needs established in the Consolidated Plan public participation process and the statutory requirements to provide decent housing, homeownership opportunities, economic development opportunities, homeless assistance, and expansion of public services. Consolidated Plan BOYNTON BEACH 106 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 678 of 1276 SP -30 Influence of Market Conditions — 91.215 (b) Influence of Market Conditions Affordable Market Characteristics that will influence Housing Type the use of funds available for housing type Tenant Based Not applicable. Rental Assistance (TBRA) TBRA for Non- Not applicable. Homeless Special Needs New Unit Market characteristics include the limited of decent, standard, and affordable Production units for very low-, low-, and moderate -income households and for special needs populations. New units will be produced on buildable lots in cooperation with local non-profit developers. These units will be leverage with other State funds and the City's Community Redevelopment Agency. Rehabilitation Market characteristics include the current cost of materials for rehabilitation and the availability of funding for housing rehabilitation activities. The City will focus on rehabilitation of those units that meet the City's criteria for substandard housing. Acquisition, Market characteristics include lending requirements and increased mortgage including regulations, as well as rapidly rising home values. The City will accept vacant preservation lots that are conveyed by Palm Beach County for nonpayment of taxes. Table 49 — Influence of Market Conditions Consolidated Plan BOYNTON BEACH 107 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 679 of 1276 SP -35 Anticipated Resources - 91.215(a)(4), 91.220(c) (1,2) Introduction The City of Boynton Beach receives Community Development Block Grant (CDBG) funds from HUD as an entitlement participant in its Community Planning and Development (CPD) programs. The first-year funding for the five-year Consolidated Plan was confirmed by HUD and used as a basis to estimate the available federal resources for the five-year period by multiplying the first-year allocation by five. In subsequent years, the actual annual allocation for each year may vary depending on what is approved by Congress for CPD programs. Goals, objectives, and activities will be adjusted in the applicable Annual Action Plans. The city also factors in an estimate of program income that is to be received each year and will vary from the estimate depending on the amounts received. The table below identifies the resources for the City's Consolidated Plan for FY 2022-2026. The City estimates that it will receive $2,736,035 in CDBG funds over the five years of the Consolidated Plan. It also shows State Housing Initiatives Partnership (SHIP) Program funds which will be used for leverage with CDBG for housing -related activities. SHIP allocations are determined annually by the State of Florida and cannot be estimated. For FY 2022-2023, the city was allocated CDBG funds in the amount of $547,207. The city does not estimate any program income from CDBG. Program income for the five years cannot be estimated. It should be noted that resource allocations from leveraged sources may also vary annually as will supplemental resources that will be used to leverage projects. Anticipated leverage amounts for the City of Boynton Beach may vary based on the financing structure of individual projects or programs funded, as well as market conditions and other intervening variables during the Consolidated Plan. Consolidated Plan BOYNTON BEACH 108 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 680 of 1276 Anticipated Resources Program Source Uses of Expected Amount Available Year 1 Expected Narrative of Funds Annual Program Prior Year Total: Amount Description Funds Allocation: Income: Resources: $ Available $ $ $ Remainder of ConPlan CDBG public - Acquisition 547,207 0 1,072,040 $1,619,247 $2,188,828 The federal Admin and expected Planning amount Economic available for Development the Housing remainder Public of the Con Improvements Plan is Public estimated Services based on the FY 2022- 2023 funding. Other public - Admin and The Florida state Planning State Other Housing Initiatives Partnership (SHIP) funds are for FY 775,874 TBD 0 775,874 0 2022-2023. Table 50 - Anticipated Resources Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Funds provided to community-based organizations, though not required, will be matched by those organizations with funds from other sources such as other public and private sector grants, fundraising, and fees. The Plan recognizes that the limited CDBG public service funding is often a small part of these organizations' budgets. The City will leverage SHIP funds through the State of Florida and discounted first mortgages and other permanent contributions from private sector lending institutions. SHIP funds in the amount of $775,874 will be available over FY 2022-2023 but there is no guarantee of funding over the five years of the Consolidated Plan. If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Consolidated Plan BOYNTON BEACH 109 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 681 of 1276 The city will continue to seek vacant land and residential structures for donation or sale to non-profit developers as these become available. The cost of properties in Palm Beach County has become unaffordable because of investor speculation. At the time of submission of this Plan, the City does not own properties that might be used to address the needs in the plan. Discussion With the 2020 public health crisis and resultant economic fallout due to business closures and loss of jobs, supplemental funding through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) has been allocated through HUD appropriations. County and State agencies have waived provisions to allow such funding to be allocated through "entitlement" cities. The allocation of federal resources and program design will be impacted with more of a focus on meeting immediate needs. Public services to assist special needs and vulnerable populations and persons who are at risk of homelessness due to job loss will be top priority for resources. There are also opportunities for the City to work with other governmental entities and the private sector to address the needs of Boynton Beach residents. Consolidated Plan BOYNTON BEACH 110 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 682 of 1276 SP -40 Institutional Delivery Structure — 91.215(k) Explain the institutional structure through which the jurisdiction will carry out its consolidated plan including private industry, non-profit organizations, and public institutions. Responsible Entity Responsible Entity Role Geographic Type Area Served Financial Services Government Planning, administration, Jurisdiction Department public improvements, public services, affordable housing Economic Development Government Business assistance Department Workforce development Public Works Government Neighborhood Jurisdiction Department Improvements Public Facilities Alzheimer's Community Non-profit Non -homeless special needs Jurisdiction Care, Inc. organizations Public Services Habitat for Humanity of Non-profit Ownership Region South Palm Beach organizations County Boynton Beach Government — special Economic Development Jurisdiction Community district Neighborhood (Special District) Redevelopment Agency Improvements Boynton Faith Based Non-profit Ownership Jurisdiction CDC organizations Pathways to Prosperity, Non-profit Self -Sufficiency Education Jurisdiction Inc organizations Programs Table 51 - Institutional Delivery Structure Assess of Strengths and Gaps in the Institutional Delivery System The City of Boynton Beach works in partnership with other city departments, county and state government agencies and non-profit organizations to deliver funding resources and services directly to the community. These resources are primarily used to create and maintain decent, affordable housing and provide services to low -to moderate income persons and families. Homeownership and homeowner rehabilitation opportunities for low -to moderate income persons and families are offered using a variety of funding sources which leverage CDBG dollars. The strengths of the housing delivery system rely heavily on the results from the City's Housing Assessment Study (March 2022) which provided a thorough analysis of the current and future housing needs. Among the key findings, which continue today, is the very low supply of vacant developed lots and increasing home values making affordability a major issue. Additional community needs include public facilities and improvements, as well as several requests for CDBG assistance from non-profit organizations which consistently exceed available funding, particularly when factoring in the 15% cap on public services. Gaps within the delivery system that lessen the Consolidated Plan BOYNTON BEACH 111 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 683 of 1276 likelihood of meeting all the housing and community development needs identified in the plan are related to financial resources, high housing costs, difficulty in obtaining supplies, and labor shortages. In determining how to invest its limited CDBG and other resources, the City Commission is committed to selecting those programs and projects that best respond to and serve the residents of Boynton Beach. The Palm Beach County Continuum of Care (FL -605) coordinates outreach and services to the city's homeless populations. The city maintains membership on the County's Homeless Advisory Board to ensure the needs of the homeless are represented as a continuum member community. Homeless services are generally limited to referral services. Availability of services targeted to homeless persons and persons with HIV and mainstream services Homelessness Prevention Services Available in the Community Targeted to Homeless Targeted to People with HIV Homelessness Prevention Services Counseling/Advocacy X X X Legal Assistance X X Mortgage Assistance Rental Assistance X X Utilities Assistance Street Outreach Services Law Enforcement Mobile Clinics X Other Street Outreach Services X X X Supportive Services Alcohol & Drug Abuse Child Care Education Employment and Employment Training Healthcare HIV/AIDS x Life Skills X X X Mental Health Counseling X X X Transportation X X Other Other X X Table 52 - Homeless Prevention Services Summary Describe how the service delivery system including, but not limited to, the services listed above meet the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) Consolidated Plan BOYNTON BEACH 112 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 684 of 1276 The city participates in, and relies heavily on, the Palm Beach County Continuum of Care (FL -605) for outreach and services to the city's homeless populations. The city maintains membership on the County's Homeless Advisory Board to ensure the needs of homeless persons within the city limits are represented. Describe the strengths and gaps of the service delivery system for special needs population and persons experiencing homelessness, including, but not limited to, the services listed above. N/A Provide a summary of the strategy for overcoming gaps in the institutional structure and service delivery system for carrying out a strategy to address priority needs. N/A Consolidated Plan BOYNTON BEACH 113 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 685 of 1276 SP -45 Goals Summary — 91.215(a)(4) Goals Summary Information Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Order Year Year Area Indicator 1 Provision of public 2022 2026 Non -Housing Citywide Public Services, CDBG: Public service services Community General $400,000 activities other than Development LMI Housing Benefit: 3,000 Persons Assisted 2 Increase Quality of 2022 2026 Non -Housing Low & Public Facilities and CDBG: Public Facility or Public Community Moderate- Infrastructure $1,209,005 Infrastructure Improvements. Development Income Areas Activities other than LMI Housing Benefit: 5,000 Persons Assisted 3 Create and maintain 2022 2026 Affordable Citywide Rehabilitation of CDBG: Homeowner Housing safe and affordable Housing existing and $579,825 Added or preserved: housing. creation of new State of 20 Housing Units housing Florida SHIP: $2,500,000 4 Planning and grant 2022 2026 Planning and Citywide Public CDBG: Other: 1 Other administration Administration Improvements $547,205 Public Services, State of General Florida SHIP: $ 250,000 Table 53 — Goals Summary Consolidated Plan BOYNTON BEACH 114 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 686 of 1276 Goal Descriptions 1 Goal Name Provision of public services Goal No more than 15% of CDBG funds will be used to assist residents with a broad Description spectrum of public services activities to enhance their living environment including childcare, mental health services, health services, youth services, domestic violence services, substance abuse services, services for elderly, services for the elderly, and education. Public services will be provided by non-profit organizations that will be selected through an RFP process. 2 Goal Name Increase quality of public facilities and improvements Goal Funds will be used to foster healthy, stable, and attractive neighborhoods, access Description to quality public facilities, and blight removal by funding neighborhood improvement activities such as neighborhood public infrastructure and improvements including water, sewer, drainage, and sidewalks 3 Goal Name Create and maintain safe and affordable housing Goal CDBG and State of Florida SHIP funds will be used for land acquisition, down Description payment assistance, development subsidy, rental rehabilitation, major home repairs/residential rehabilitation for low -to moderate -income homeowners of single-family owner -occupied homes and tother eligible activities to create new affordable housing. 4 Goal Name Planning and grant administration Goal Funding to the City's Community Improvement Division for planning and grant Description administration that doesn't exceed 20% of the CDBG grant to implement and/or coordinate the implementation of all CDBG activities to meet the FY 2022-2023 Annual Action Plan goals and objectives. $77,587 in State of Florida SHIP funds will also be used for planning and administration. Estimate the number of extremely low-income, low-income, and moderate -income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.315(b)(2). Over the five-year Plan period, the City estimates that 16 low-income households, and 4 moderate - income households will be assisted with creating or preserving affordable housing using CDBG and State of Florida SHIP funds. Consolidated Plan BOYNTON BEACH 115 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 687 of 1276 SP -50 Public Housing Accessibility and Involvement — 91.215(c) Need to Increase the Number of Accessible Units (if Required by a Section 504 Voluntary Compliance Agreement) The City of Boynton Beach does not own or operate a Public Housing Authority or Public Housing Agency within its jurisdiction. However, the Palm Beach County Housing Authority (PBCHA) does own forty-three single family units in Boynton Beach. Palm Beach County residents are provided with affordable housing options that are free of housing discrimination and architectural barriers according to the PBCHA. In addition, the City of Delray Beach Housing Authority allocates Section 8 housing vouchers in Boynton Beach. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in any program or activity that receives financial assistance from any federal agency. Since there are no public housing units in the City, this is not relevant. In seeking privately owned rental housing, the PHAs will identify landlords with accessible properties to meet the needs of Section 8 vouchers holders, as applicable. Activities to Increase Resident Involvements Not applicable. Is the public housing agency designated as troubled under 24 CFR part 902? Not applicable. Plan to remove the 'troubled' designation Not applicable. Consolidated Plan BOYNTON BEACH 116 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 688 of 1276 SP -55 Barriers to affordable housing — 91.215(h) Barriers to Affordable Housing The City of Boynton Beach last amended its Housing Element in 2008. The overarching goal of the Housing element is "To provide decent, safe, and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City". This goal is very broad and falls within the norms for almost all municipalities. Additional goals which more specifically prioritize affordable housing should be developed to increase its success. The City's Zoning Code defines a family as "One (1) or more persons occupying a single dwelling unit and using common cooking facilities. Families who provide care in their own home as duly state licensed foster family homes, in which dependent children have been duly placed by the State of Florida, and which include not more than five (5) children (both natural and foster) in the household, are expressly included within this term." This definition is in line with the definition provided by the Department of Housing and Urban Development. In addition, the housing policy established by the Future Land Use Element of the Comprehensive Plan states that the City "shall provide a mix of available residential densities to accommodate a variety of housing types sufficient to meet the needs of the present and projected population of the City, including the provision of adequate sites for housing very low-, low- and moderate - income households and for mobile and manufactured homes." While the definition of "family" and the Future Land Use element are adequate, there are still existing barriers to the development maintenance, and improvement of affordable housing. The most significant barriers for developing affordable housing include the following: • The lack of adequate public policies that support the creation of affordable housing. The Housing Element of the City's Comprehensive Plan establishes goals, objectives and policies aimed at providing adequate housing for the City's residents. However, the Housing Element of the City's Comprehensive Plan has not been updated since 2008. The goals, objectives and policies of the Housing element should be updated to reflect the current conditions of the City. • Business Tax Receipt: A business tax receipt is required for long term rental of a property. The City should ensure that the inspections required to obtain a Business Receipt cover an evaluation of the property that ensures the accommodations are safe to be inhabited. Roof Truss tests should be required as part of the inspection process for manufactured home long term rentals. This will ensure that the property conforms to HUD regulations for manufactured homes. • Lack of resources for affordable housing and infrastructure in support of affordable especially renter housing: As grant sources, both Federal and State, are declining, resources for developing affordable housing are limited. Limited funding resources and the cost of retrofitting existing houses are barriers to the availability and accessibility of housing for persons with disabilities. The majority of the City's CDBG is not spent on affordable housing initiatives. • Limited Housing Options: The Housing Element mentions housing options in supportive housing but does not talk specifically about type of houses such as accessory dwelling units that can accommodate new housing units in existing neighborhoods, provide housing options for lower income persons, and allow for efficient use of the city's existing housing stock and infrastructure. Consolidated Plan BOYNTON BEACH 117 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 689 of 1276 • Impact Fees: Impact fees also pose a barrier to affordable housing. Currently, the impact fees for residential units 800 square feet in size or smaller are $2699.22. Coupled with today's construction costs, impact fees can disincentivize affordable housing projects. • Zoning Regulations: Regulations and land use controls may also create unintended effects of reducing the availability of affordable housing as they may significantly impact the location and type of housing and business investments and may increase the cost of development. The development review and code compliance processes also tend to fall within the regulatory processes. Code compliance is essential to eliminate slum and blight but if not combined with adequate community engagement, it may become disastrous as residents may not comply and seek legal remedy. The City's Code Compliance Department should ensure that it is dedicated to enforcement as well as adequate community engagement. • Group Homes: Group homes are allowed per the City's zoning Code. There is no distance requirement established between each group home establishment. However, a conditional use approval is required for group homes to be permitted in several zoning districts within the City. The additional approval requirement creates a barrier to affordable housing for residents requiring this type of housing. • Accessory Dwelling Units: Accessory Dwelling Units are allowed per the zoning code. However, they are only allowed as an accessory use to any lawful non-residential principal use within a non- residential building. In addition, the living area requirement is seven hundred fifty (750) square feet and limited to occupancy by the property owner or business operator. Accessory Dwelling Units should be allowed as an accessory to lawful residential principal uses. The City of Boynton Beach conducted an update in 2016 to its last Analysis of Impediments to Fair Housing Choice (AI). Strategy to Remove or Ameliorate the Barriers to Affordable Housing Notwithstanding the above barriers, the City of Boynton Beach has increased its efforts to remove or ameliorate the barriers to affordable housing through a variety of strategies. • The Boynton Beach Community Redevelopment Agency (BBCRA) serves the community by guiding redevelopment activities such as affordable housing along the eastern edge of the City. Continued utilization of the BBCRA will facilitate revitalization of neighborhoods within the agency's purview and encourage affordable housing in the agency area. • Programs to help first-time/modest income buyers fix up their newly purchased homes should be considered. • Institute code changes which allow for the construction of accessory dwelling units in residential zoning districts to provide more options to residents especially for low-income households. Consolidated Plan BOYNTON BEACH 118 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 690 of 1276 • Promote affordable housing by using funds to acquire land, provide low-income homebuyers with down payment assistance, create development subsidies to lower the building costs for buyers, assist elderly households with home repairs and explore rental rehabilitation opportunities to increase the number of affordable rental units available in the city. • Institute code changes which allow for the construction of additional alternative types of housing that meet the requirements of the Florida Building Code. Shipping containers and tiny homes could help to offset the rising costs of traditional construction. • Discontinue impact fees for affordable housing projects and offset the costs with tax assessments or tax increases. • Facilitate rezoning and redevelopment of existing uses. This action will facilitate diversification of the types of housing that can be made available and support the overall increase of available housing supply for sale and for rent. According to the 2017 Housing Needs Assessment, some first-time millennial home buyers prefer more traditional types of subdivisions, while others are looking for a more urban lifestyle. In addition, Boynton Beach has very strong projected growth among Generation X (35- 54), which usually represents the prime homebuying years. Generation X home buyers are typically looking for larger and more luxurious homes than those they currently own. Also, this group is often recent renters re-entering homeownership after experiencing a period where their credit scores had to recover to qualify to purchase again. • The significant increase in the 55+ population combined with their longer life expectancies will require more innovative communities that focus on wellness and allow for aging in place as they transition from independent to different levels of assisted living. • Increased public transportation options within the City. Currently the bus options in the City only cover the main thoroughfare. Additional expansion with the inclusion of additional bus routes into residential communities would support low-income residents without access to cars. Consolidated Plan BOYNTON BEACH 119 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 691 of 1276 SP -60 Homelessness Strategy — 91.215(d) Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The city participates in, and relies heavily on, the Palm Beach County Continuum of Care (FL -605) for outreach and services to the city's homeless populations. The city maintains membership on the County's Homeless Advisory Board to ensure the needs of homeless persons within the city limits are represented. Non-profit organizations are the primary link to the City's involvement with homeless individuals. The agency provides many homeless services such as hotel vouchers, food, and assistance, and help in obtaining other forms of public assistance. Addressing the emergency and transitional housing needs of homeless persons The city participates in, and relies heavily on, the Palm Beach County Continuum of Care (FL -605) for outreach and services to the city's homeless populations. The city maintains membership on the County's Homeless Advisory Board to ensure the needs of homeless persons within the city limits are represented. Non -Profit organizations are the primary link to the City's involvement with homeless individuals. These agencies provide many homeless services such as hotel vouchers, food, and assistance, and help in obtaining other forms of public assistance. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again. Through its participation in the local Continuum of Care, the city provides information and referrals to the Palm Beach County Homeless Housing Alliance. The HHA coordinates all HUD CoC funding for the County, including the city of Boynton Beach and directs these referrals to the appropriate housing and service agencies, whether inside the city or in the county. Help low-income individuals and families avoid becoming homeless, especially extremely low- income individuals and families who are likely to become homeless after being discharged from a publicly funded institution or system of care, or who are receiving assistance from public and private agencies that address housing, health, social services, employment, education, or youth needs Through its participation in the local Continuum of Care, the city provides information and referrals to the Palm Beach County Homeless Housing Alliance. The HHA coordinates all HUD CoC funding for the County, Consolidated Plan BOYNTON BEACH 120 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 692 of 1276 including the city of Boynton Beach and directs these referrals to the appropriate housing and service agencies, whether inside the city or in the county. Consolidated Plan BOYNTON BEACH 121 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 693 of 1276 SP -65 Lead based paint Hazards — 91.215(i) Actions to address LBP hazards and increase access to housing without LBP hazards The City of Boynton Beach references lead-based paint hazards in pre -1978 housing in its housing program policies and procedures. Compliance with lead-based paint regulations regarding the use of federal housing assistance funds is required. The City will work toward incorporating measures to ensure that all federal lead safe practices are met. To reduce the risk of lead poisoning, information is distributed to participants in the City's housing programs. The City makes lead-based paint information available to all interested parties in the City's housing programs. As of April 22, 2010, the U.S. Environmental Protection Agency (EPA) requires all workers (including property owners) who disturb surfaces painted prior to 1978 to be trained in lead -safe work practices, and all firms to be EPA certified in those practices as well. The City follows strict HUD guidelines for testing and abatement of lead-based paint and other hazardous substances and require compliance from its contractors and subcontractors. The City can provide a list of licensed, prequalified contractors who are available to perform appropriate abatement and/or removal procedures if lead-based paint is present. Lead-based paint can be mitigated through interim control methods and full abatement where possible. Abatement represents the most permanent method of lead-based paint containment. This method requires removal of contaminated surfaces. However, the cost of full abatement can be very high thus making some rehabilitation projects financially impractical, especially when the low-income homeowner is unable to take on additional debt. However interim controls can provide a more cost-effective solution. Interim controls are designed to reduce human exposure to lead-based paint hazards. Some methods of the interim controls include repairs, painting, temporary containment, and specialized cleaning. The City determines if the cost associated with interim controls outweighs the cost of abatement How are the actions listed above related to the extent of lead poisoning and hazards? The proposed actions listed above address units that may pose a lead-based paint threat based on the age of the housing stock. The City also considers units that are occupied by at -risk populations, such as children. The actions will identify, assess, and prevent lead poisoning and hazards. How are the actions listed above integrated into housing policies and procedures? The City utilizes CDBG for lead-based paint hazard reduction. The above actions will be incorporated in the City's housing program guidelines for CDBG funding. Consolidated Plan BOYNTON BEACH 122 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 694 of 1276 SP -70 Anti -Poverty Strategy — 91.215(j) Jurisdiction Goals, Programs and Policies for reducing the number of Poverty -Level Families The City's goal is to reduce the number of poverty -level families through coordination and delivery of economic development, affordable housing, and service programs throughout the city. Persons and families in poverty must have the opportunity to overcome personal and socio-economic barriers and challenges that contribute to lives of poverty. Programs alone may not provide all the counseling, training, and tools necessary to resolve such a complex set of issues. According to a 2021 Florida International University report entitled, City of Boynton Beach — Racial and Social Equity Community Needs Assessment and corroborated by the most recent ACS data provided by U.S. Census, poverty rates in the city have improved between 2012 and 2019, with the one exception of senior citizens (over 65) community, which increased from 10.4 to 11.4 percent. However, longstanding disparities continue to be evident between Black and African American and White, non -Hispanic populations. White, non -Hispanic poverty rates remain half that of Black and African Americans living in Boynton Beach. Also, families with just one householder and no spouse present are most likely to experience poverty. Hispanic and Black and African American families are more likely to have a single householder, especially this is the case for homes where only a mother is present. In 2019, about 10,400 people in Boynton Beach were below the poverty line. This plan includes efforts to add value to neighborhoods through targeted investments in infrastructure in the most underserved areas. Our partner city departments, agencies and non-profit organizations share these goals and are also committed to take actions to eradicate poverty through affordable housing, educational and job training opportunities with the objective of creating an enhanced quality of life and a better chance to overcome poverty. How are the Jurisdiction poverty reducing goals, programs, and policies coordinated with this affordable housing plan? Boynton Beach will continue to address poverty by supporting incentives to attract, create and retain businesses, develop affordable housing opportunities, and improve public transportation. To the extent possible, CDBG funds will be used for eligible projects to supplement broader city efforts to reduce poverty. The strategic plan goals as articulated in the 2021 report include addressing racial and social equity issues, strengthening access to resources for its underserved population, and building an equitable economy and open opportunities for all residents, Consolidated Plan BOYNTON BEACH 123 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 695 of 1276 SP -80 Monitoring — 91.230 Describe the standards and procedures that the jurisdiction will use to monitor activities carried out in furtherance of the plan and will use to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The Boynton Beach Community Improvement Division will be responsible for following the established standards and procedures for monitoring the activities authorized under the CDBG program, ensure long- term compliance with the provisions of the program, and further the City's goals and objectives as set forth in the Plan. Measures used to check the progress and compare to resources consumed to accomplishments include tracking the status of projects and timeliness of expenditures, collect and review reports/projections, provide methods to change or improve outcomes where needed and conduct on-site monitoring activities to verify accomplishments when appropriate. All activities will be monitored to ensure regulatory compliance with 24 CFR Part 570, as well as other federal program requirements such as, but not limited to, Environment, Davis -Bacon, Section 3, Fair Housing, Lead-based Paint, and Procurement. Data and information provided will be cross-checked against applicant information to verify accuracy and completeness of the data. When necessary, certain construction or other physical improvement may need additional personnel or expertise (building or housing program inspectors) to accomplish monitoring objectives related to governing construction standards, building codes, and other program guidelines. All monitoring processes will be reviewed and evaluated to ensure the Plan goals and objectives are being achieved throughout the Plan period. The City will enter into binding contractual agreements with all other CDBG program participants. These agreements will ensure compliance with program guidelines and provisions between the city and these parties. These agreements will also provide a basis for enforcing program requirements and for identifying remedies in the event of a breach or non-compliance with any of the agreement provisions. Minority Outreach Program—The City encourages local minority and women -owned businesses to participate in and compete for contracts. The City's Finance Department follows bid procedure requirements at 2 CFR Part 200 and all bids advertised on the City's website include information advising MBE/WBE of contracting opportunities. Once the specifications for a project are approved, a bid package is prepared with the following items: Invitation to Bid, set of specifications and special trades, bid proposal summary sheet, statement of non -collusion, contractor/subcontractor and minority report, MBE/WBE commitment affidavit, and best bid criteria affidavit. Comprehensive Planning Requirements — The City will utilize the monitoring process as part of its long- term strategy to ensure program compliance and consistency with the broader established comprehensive planning efforts. This includes regional and local goals related to furthering fair housing objectives and reducing the number of fair housing complaints. Opportunities where Community Improvement or Finance Department staff can enhance affordable housing planning efforts through community forums, educational outreach, and training will be a priority. Consolidated Plan BOYNTON BEACH 124 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 696 of 1276 Expected Resources AP -15 Expected Resources — 91.220(c) (1,2) Introduction The City of Boynton Beach receives Community Development Block Grant (CDBG) funds from HUD as an entitlement participant in its Community Planning and Development (CPD) programs. The first-year funding for the five-year Consolidated Plan was confirmed by HUD and used as a basis to estimate the available federal resources for the five-year period by multiplying the first-year allocation by five. In subsequent years, the actual annual allocation for each year may vary depending on what is approved by Congress for CPD programs. Goals, objectives, and activities will be adjusted in the applicable Annual Action Plans. The city also factors in an estimate of program income that is to be received each year and will vary from the estimate depending on the amounts received. The table below identifies the resources for the City's Consolidated Plan for FY 2022-2026. The City estimates that it will receive $2,736,035 in CDBG funds over the five years of the Consolidated Plan. It also shows State Housing Initiatives Partnership (SHIP) Program funds for FY2022 in the amount of $775,874 which will be used to leverage with CDBG for housing -related activities. The SHIP allocations are determined annually by the State of Florida and cannot be estimated in future years. For FY 2022-2023, the city was allocated CDBG funds in the amount of $547,207. The city does not estimate any program income from CDBG. Program income for the five years cannot be estimated. It should be noted that resource allocations from leveraged sources may also vary annually as will supplemental resources that will be used to leverage projects. Anticipated leverage amounts for the City of Boynton Beach may vary based on the financing structure of individual projects or programs funded, as well as market conditions and other intervening variables during the Consolidated Plan. Consolidated Plan BOYNTON BEACH 125 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 697 of 1276 Anticipated Resources Program Source Uses of Funds Expected Amount Available Year 1 Expected Narrative Annual Program Prior Year Total: of Amount Description Funds Allocation: $ Income: $ Resources: $ $ Available Remainder of ConPlan CDBG public- Acquisition 547,207 0 1,072,040 $1,619,247 $2,188,828 The expected federal Admin and amount available Planning for the remainder Economic of the Con Plan is Development estimated based Housing on the FY 2022 - Public 2023 funding. Improvements Public Services Other public - Admin and The Florida State state Planning TBD through Housing Initiatives Other annual state Partnership (SHIP) budgeting funds are for FY $775,874 0 0 $775,874 process 2022-2023. Table 54 - Expected Resources — Priority Table Consolidated Plan BOYNTON BEACH 126 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 698 of 1276 Explain how federal funds will leverage those additional resources (private, state, and local funds), including a description of how matching requirements will be satisfied When eligible, CDBG funds will be utilized to leverage City general fund allocations, other local, federal, and state funds to complete community development activities, address housing needs, and provide services to meet the needs of City residents. State funds received as an allocation from Florida Housing Finance Corporation's State Housing Initiative Partnership (SHIP) Program are an example of funding that will leverage CDBG funds allocated to affordable housing activities. This opportunity to leverage Federal and state funds allows the City to assist very low, low, low -to moderate- and middle-income citizens. The State SHIP fund allocation for the FY 2022-2023 is $775,874. Future years cannot be reflected as there is no guarantee of annual allocations of funding over the five years of the Consolidated Plan. If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The city will continue to seek vacant land and residential structures for donation or sale to non-profit developers as these become available. The cost of properties in Palm Beach County has become unaffordable because of investor speculation. At the time of submission of this Plan, the City does not own properties that might be used to address the needs in the plan. Discussion With the 2020 public health crisis and resultant economic fallout due to business closures and loss of jobs, supplemental funding through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) has been allocated through HUD appropriations. County and State agencies have waived provisions to allow such funding to be allocated through "entitlement" cities. The allocation of federal resources and program design will be impacted with more focus on meeting immediate needs. Public services to assist special needs and vulnerable populations and persons who are at risk of homelessness due to job loss will be top priority for resources. There are also opportunities for the City to work with other governmental entities and the private sector to address the needs of Boynton Beach residents. Consolidated Plan BOYNTON BEACH 127 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 699 of 1276 Annual Goals and Objectives AP -20 Annual Goals and Objectives Goals Summary Information Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Order Year Year Area Indicator 1 Provision of public 2022 2023 Non -Housing Citywide Public Services, CDBG: Public service services Community General $80,000 activities other than Development LMI Housing Benefit: 600 Persons Assisted 2 Increase Quality of 2022 2023 Non -Housing Low & Public Facilities and CDBG: Public Facility or Public Community Moderate- Infrastructure $241,801 Infrastructure Improvements. Development Income Areas Activities other than LMI Housing Benefit: 2,500 Persons Assisted 3 Create and maintain 2022 2023 Affordable Citywide Rehabilitation of CDBG: Homeowner Housing safe and affordable Housing existing and $115,965 Added or preserved: housing. creation of new State of 5 Housing Units housing Florida SHIP: $775,874 4 Planning and grant 2022 2023 Planning and Citywide Public CDBG: Other: 1 Other administration Administration Improvements $109,441 Public Services, State of General Florida SHIP: $77,587 Table 55 — Goals Summary Consolidated Plan BOYNTON BEACH 128 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 700 of 1276 Goal Descriptions 1 Goal Name Provision of public services Goal No more than 15% of CDBG funds will be used to assist residents with a broad Description spectrum of public services activities to enhance their living environment including childcare, mental health services, health services, youth services, domestic violence services, substance abuse services, services for elderly, services for the elderly, and education. Public services will be provided by non-profit organizations that will be selected through an RFP process. 2 Goal Name Increase quality of public facilities and improvements Goal Funds will be used to foster healthy, stable, and attractive neighborhoods, access to Description quality public facilities, and blight removal by funding neighborhood improvement activities such as neighborhood public infrastructure and improvements including water, sewer, drainage, and sidewalks 3 Goal Name Create and maintain safe and affordable housing Goal CDBG and State of Florida SHIP funds will be used for land acquisition, down Description payment assistance, development subsidy, rental rehabilitation, major home repairs/residential rehabilitation for low -to moderate -income homeowners of single-family owner -occupied homes and tother eligible activities to create new affordable housing. 4 Goal Name Planning and grant administration Goal Funding to the City's Community Improvement Division for planning and grant Description administration that doesn't exceed 20% of the CDBG grant to implement and/or coordinate the implementation of all CDBG activities to meet the FY 2022-2023 Annual Action Plan goals and objectives. $77,587 in State of Florida SHIP funds will also be used for planning and administration. Consolidated Plan BOYNTON BEACH 129 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 701 of 1276 Projects AP -35 Projects — 91.220(d) Introduction The following table contains the projects that the City will fund in FY 2022-2023 using CDBG funds. Up to 20% of the CDBG grant can be expended on Planning and Administration. State of Florida SHIP and City general funds will be leveraged with the federal funds. CDBG funds allocated to Public Services will be awarded through a Request for Proposal process for eligible and qualified community-based non-profit organizations. No more than 15% of the CDBG grant can be expended on public service activities. The specific public service activities to be funded below were based on the priorities set by the Consolidated Plan and applications submitted by the non-profit organizations. Projects # Project Name 1a CDBG Public Services — Pathways to Prosperity 1b CDBG Public Services —Alzheimer's Community Care, Inc. 2 CDBG and State of Florida SHIP Affordable Housing 3 CDBG Public Facilities and Improvements 4 CDBG Planning and Administration Table 56 — Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs. Allocation priorities were based on the City's housing and community development needs assessment contained in the Consolidated Plan, feedback from residents and other community stakeholders, funding applications received through a competitive grant applications cycle, and the City Commission. The economic dislocation caused by the COVID-19 pandemic has disproportionally affected low -to -mode rate - income households. Housing market conditions related to demand and supply of both affordable rental and homeownership housing and the high costs of vacant land and construction makes it very difficult to serve the housing needs of LMI families. The City is challenged to develop and implement a well - coordinated and integrated outcome -driven service delivery system that meets the City's housing and community development needs and goals within the limits of available funding and external conditions. Ongoing efforts to address the identified needs amidst dwindling financial resources at the federal and local level also requires the City to focus its funding to the activities that will have the highest impact. The City has selected to focus on public improvements such as streets, sidewalks, and other eligible infrastructure projects in low-income census tracts where at least 51 percent of the population is LMI households and affordable housing activities. Existing CDBG funding and other sources will be sought to address the affordable housing crisis which was deemed the highest priority in the needs assessment. Consolidated Plan BOYNTON BEACH 130 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 702 of 1276 AP -38 Project Summary Project Summary Information Consolidated Plan BOYNTON BEACH 131 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 703 of 1276 I Project Name General Public Services — Pathways to Prosperity Target Area Citywide Goals Supported Provision of public services Needs Addressed Public Services, General Funding CDBG: $55,000 Description Activity Eligibility: 24 CFR 570.201(e)- Administered by the Community Improvement Division through the provision of funding to community- based organizations non -profits procured through a Request for Proposals (RFPs). This activity will benefit low- to moderate -income individuals and households by providing training, mentoring, and case management for children and parents. Target Date 9/30/2023 Estimate the number It is estimated that up to 300 individuals who are primarily from low- and and type of families moderate -income households will benefit from this activity. that will benefit from the proposed activities Location Description Citywide Planned Activities Activities include program design, outreach, intake, activity delivery, reporting, and compliance. 2 Project Name General Public Services — Alzheimer's Community Care, Inc. Target Area Citywide Goals Supported Provision of public services Needs Addressed Public Services, General Funding CDBG: $25,000 Description Activity Eligibility: 24 CFR 570.201(e)- Administered by the Community Improvement Division through the provision of funding to community- based organizations non -profits procured through a Request for Proposals (RFPs). This activity will benefit low- to moderate -income individuals and households by providing services for seniors, and persons with disabilities. Target Date 9/30/2023 Estimate the number It is estimated that up to 300 individuals who are primarily from low- and and type of families moderate -income households will benefit from this activity. that will benefit from the proposed activities Location Description Low/Mod Target Area Planned Activities Activities include program design, outreach, intake, activity delivery, reporting, and compliance. 3 Project Name CDBG Public Facilities and Improvements Target Area Low & Moderate -Income Areas Goals Supported Increase Quality of Public Facilities and Improvement Consolidated Plan BOYNTON BEACH 132 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 704 of 1276 Consolidated Plan BOYNTON BEACH 133 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 705 of 1276 Needs Addressed Public Facilities, Infrastructure, and Improvements Funding CDBG: $241,801 Description This project provides funding for improving public infrastructure in geographic areas where at least 51 percent of the population are low -to - moderate -income (at or below 80 percent of AMI) Target Date 9/30/2023 Estimate the number The public facilities and improvements are anticipated to benefit 2,500 and type of families persons including individuals with disabilities. that will benefit from the proposed activities Location Description This project will be carried out in qualified low-income areas. Planned Activities Administered by the City's Community Improvement Division, this activity will provide for assistance to carry out activities serving the needs of low and moderate -income residents. 4 Project Name CDBG Housing Activities Target Area Low & Moderate -Income Households Goals Supported Create and maintain safe and affordable housing Needs Addressed Housing Funding CDBG: $115,965; State of Florida SHIP: $775,874 Description This project provides funding for housing repairs and improvements to eligible low -to -moderate -income (at or below 80 percent of AMI) and/or elderly homeowners, buyers, and renters. Target Date 9/30/2023 Estimate the number This activity is anticipated to benefit 2 persons/households assisted with and type of families CDBG and 8 persons/households assisted with SHIP. that will benefit from the proposed activities Location Description This project will be carried out city-wide. Planned Activities Administered by the City's Community Improvement Division or through a sub -recipient partner, this activity will provide housing assistance to low and moderate -income or elderly homeowners. 5 Project Name CDBG Program Planning and Administration Target Area Citywide Goals Supported Increased public facilities and improvements Provision of public services Planning and grant administration Needs Addressed Public facilities and improvements Public Services, General Consolidated Plan BOYNTON BEACH 133 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 705 of 1276 Consolidated Plan BOYNTON BEACH 134 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 706 of 1276 Funding CDBG: $109,441 State of Florida SHIP: $77,587 Description Activity Eligibility: 24 CFR570.205 and 570.206 Provide funding to the City of Boynton Beach Community Improvement Division of the Financial Services Department for the administration of the CDBG programs. An amount of $109,441 in CDBG funds will be used to partially cover the planning and administrative costs of the program. Target Date 9/30/2023 Estimate the number See individual activity benefits. and type of families that will benefit from the proposed activities Location Description Citywide Planned Activities The City's Community Improvement Division will administer the CDBG program activities including Consolidated planning, subrecipient agreement development, environmental assessments and reviews, financial management including grant sub awards, procurement, and designation of subrecipients, inspections, reasonableness reviews, reporting, monitoring and oversight, recordkeeping, and other activities to ensure grant compliance. Consolidated Plan BOYNTON BEACH 134 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 706 of 1276 AP -50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City will allocate federal funding on a citywide basis for the 2022 program year, with concentrations within Census tracts 5601, 5701, 5702, 6100, 6201, 6203, and 63.00. Housing rehabilitation, however, can be citywide for income eligible homeowners in need of code -related repairs. All projects included in this Annual Action Plan will benefit low- and -moderate income residents throughout the City. Geographic Distribution Target Area Percentage of Funds Citywide 35 Low -moderate -income areas 65 Table 57 - Geographic Distribution Rationale for the priorities for allocating investments geographically Boynton Beach adheres to all program -specific eligibility requirements when allocating funds. Priorities for allocation of funding have been established through a combination of public feedback, needs analysis, internal and stakeholder feedback and opportunities for leveraging. All the proposed Action Plan projects will serve very low-, low-, and moderate -income persons and households. All CDBG funds will be geographically allocated citywide, with preferences on the CDBG target area as it is the area with the highest area of minority concentration and lowest of incomes. The City plans to focus its CDBG funds on public improvements in its census tracts that have a low -to -moderate -income (LMI) population of 51 percent or more including the area called the Heart of Boynton. Discussion See above discussion. Consolidated Plan BOYNTON BEACH 135 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 707 of 1276 Affordable Housing AP -55 Affordable Housing — 91.220(g) Introduction During FY 2022-2023, the City of Boynton Beach will utilize CDBG funds leveraged with State of Florida SHIP funds to assist 10 non -homeless households with rehabilitation of owner -occupied housing units, production of new housing units, and acquisition of an existing housing unit. The City's housing stock is aging and low- and moderate -income homeowners cannot afford to maintain or repair their homes. For this reason, rehabilitation of owner -occupied housing has been determined to be a high priority. The home repair needs of elderly persons will also be addressed under the CDBG and SHIP Home Repair Programs as special needs housing. One Year Goals for the Number of Households to be Supported Homeless 0 Non -Homeless 10 Special -Needs 0 Tota 1 10 Table 58 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance The Production of New Units Rehab of Existing Units 4 Acquisition of Existing Units 6 Total 10 Table 59 - One Year Goals for Affordable Housing by Support Type Discussion During the first year of this new Consolidated Plan five-year period, the city will focus on completing those housing activities that were delayed during the prior two years and leverage its CDBG resources with those provided through the State Housing Initiatives Program (SHIP) to address the first-year priority housing needs reflected in the statistical analysis contained in the Plan. This will include $115,965 from Program Year 2022 and $1,229,651 in SHIP funds from PY's 2021 and 2022. Consolidated Plan BOYNTON BEACH 136 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 708 of 1276 AP -60 Public Housing — 91.220(h) Introduction The City of Boynton Beach does not own or operate a Public Housing Authority or Public Housing Agency within its jurisdiction. However, the Palm Beach County Housing Authority (PBCHA) does own forty-three single-family units in Boynton Beach. Palm Beach County residents are provided with affordable housing options that are free of housing discrimination and architectural barriers according to the PBCHA. Also, the Delray Beach Housing Authority provides Section 8 vouchers to residents in Boynton Beach. Actions planned during the next year to address the needs for public housing N/A Actions to encourage public housing residents to become more involved in the management and participate in homeownership Outreach efforts are coordinated between the City of Boynton Beach, Palm Beach County and Delray Beach Housing Authorities with regard to informing Section 8 and/or public housing residents of new homebuyer opportunities. This includes notices of all homeownership seminars and workshops being sponsored by the city or its non-profit affordable housing partners. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance According to the Palm Beach County and Delray Beach Housing Authorities' most recent Annual Plans for FY2021, neither agency is designated as a troubled HA. Discussion See above. Consolidated Plan BOYNTON BEACH 137 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 709 of 1276 AP -65 Homeless and Other Special Needs Activities — 91.220(i) Introduction The Homeless and Housing Alliance (HHA) of Palm Beach County (formerly the Continuum of Care) is intended to deliver a comprehensive and coordinated continuum of services for homeless individuals and families. The City of Boynton Beach is under the umbrella of the HHA of Palm Beach County. The system's fundamental components include homeless prevention, outreach and assessment, emergency shelter, transitional housing, supportive services, permanent housing, and permanent supportive housing. The HHA includes community-based membership with representatives from government, business, formerly homeless individuals, law enforcement, banking, housing service providers, faith groups, education, veterans, health care, and concerned individuals. Palm Beach County Division of Human Services (the Division) continues its role as the lead entity for the HHA which began in January 2006. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs As reported in the Palm Beach County Annual Action Plan, the Service Prioritization Decision Assistance Tool (SPDAT) is the assessment tool used during outreach activities. The tool prioritizes whom to serve and identifies what supportive services should be provided. • Palm Beach County's Homeless Outreach Team (HOT), which leads the County's homeless outreach program, utilizes the SPDAT to conduct initial assessments in the field. Individual SPDAT scores are used to determine what programs and services are the most needed by the homeless individual. The HOT Team travels throughout the County to various location where the homeless are known to congregate in order to conduct on-site screenings. • The Homeless Coalition of Palm Beach County conducts Homeless Connect events throughout the County. These events allow the homeless population to receive haircuts, toiletries, clothing, and other related items. • The Senator Phillip D. Lewis Center is the point of access for the homeless population to obtain housing and/or services in Palm Beach County. Homeless individuals and families are referred to the Lewis Center from the County's Homeless Outreach Team, as well as law enforcement. Addressing the emergency shelter and transitional housing needs of homeless persons Palm Beach County's HHA continues to prioritize the emergency shelter component for the County's ESG program. Palm Beach County provides ESG funding to support a transitional housing facility for single homeless men and two emergency shelters for victims of domestic abuse. Palm Beach County operates a temporary emergency homeless shelter, the Lewis Center Annex. This shelter provides beds, showers, meals, medical services, and other supportive services for up to 125 chronically homeless persons. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to Consolidated Plan BOYNTON BEACH 138 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 710 of 1276 permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Palm Beach County assists homeless individuals and families to transition into permanent supportive and independent housing. The following actions will be undertaken by the County and its partners to help the homeless population transition into a permanent form of housing: • Palm Beach County will continue to utilize Continuum of Care (CoC) and ESG funding to support three (3) Rapid Rehousing programs. These programs will provide financial assistance to homeless individuals/families to regain stability in permanent housing. The financial assistance will include security deposits, rental assistance, utility deposits, and utility assistance. These households will also continue to receive case management and other supportive services. • HHA has established as a goal for the Continuum to give funding priority to permanent supportive housing programs that dedicate 100% of their beds for the chronically homeless. • State Housing Initiative Partnership (SHIP) funds will be used by the County to operate a Housing Reentry Assistance (REAP) Program. This homeless prevention program will provide rental security and utility deposits to eligible households whose income is up to 50% AMI. • The County's CoC funding will continue to support permanent supportive housing programs that dedicate 100% of their beds for the chronic homeless population. These programs provide 64 housing and support services to individuals as well to families. • The County will continue the SMART (Support, Marketing, Assistance, Rental, Tenant) campaign which recruits potential landlords to a database to match them with homeless individuals and families who need housing. Persons housed under this program are provided with deposits and monthly rental assistance which vary in length and dollar amounts based on the client's needs. Each household is assigned a case manager who in turn becomes the landlord's point of contact. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Palm Beach County uses local, state, and federal funding to support Homeless Prevention activities that are designed to assist low-income persons and families that find themselves threatened with homelessness: • Palm Beach County provides financial assistance in the form of emergency rent and/or utility payments to households in order to prevent the household from becoming homeless. Homeless prevention funds target those individuals and families who would become homeless without the Consolidated Plan BOYNTON BEACH 139 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 711 of 1276 assistance. • Palm Beach County participates in the Reentry Task Force whose mission is to implement comprehensive re-entry services to ex -offenders from the time of their entry into the prison system through their transition, reintegration, and aftercare in the community. These services will include, among others, case management and housing assistance. The Reentry Task Force partners include Palm Beach County, Criminal Justice Commission and Gulfstream Goodwill Industries. • Palm Beach County makes funding available to agencies that provide housing and support services to youth who have been discharged from the state's foster care program and provides CoC funding to support the "Connecting Youth to Opportunities" program that provides rapid re- housing and support services to unaccompanied youth ages 18 to 24 who have aged out of the foster care system. • The Lewis Center coordinates with area hospitals and mental health facilities to permit discharged patients to receive referrals to the Lewis Center. The referrals will allow for the discharged persons to access the County's homeless services. • The County's Division of Human and Veterans Services has oversight of HUD's Youth Homeless Demonstration Program (YHDP). The County awarded 3 nonprofit agencies funding under this program to provide eligible activities that serve youth experiencing homeless, including unaccompanied and pregnant or parenting youth, where no member of the household is older than 24 years of age. Discussion The Homeless and Housing Alliance (HHA) of Palm Beach County, with the support of the members of the CoC within the County, strategically support the needs of persons experiencing homelessness and persons with special needs. The jurisdiction will continue to support the most vulnerable, at -risk community members through housing and supportive services. Consolidated Plan BOYNTON BEACH 140 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 712 of 1276 AP -75 Barriers to affordable housing — 91.220(j) Introduction: The City of Boynton Beach last amended its Housing Element in 2008. The overarching goal of the Housing element is "To provide decent, safe, and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City". This goal is very broad and falls within the norms for almost all municipalities. Additional goals which more specifically prioritize affordable housing should be developed to increase its success. The City's Zoning Code defines a family as "One (1) or more persons occupying a single dwelling unit and using common cooking facilities. Families who provide care in their own home as duly state licensed foster family homes, in which dependent children have been duly placed by the State of Florida, and which include not more than five (5) children (both natural and foster) in the household, are expressly included within this term." This definition is in line with the definition provided by HUD. In addition, the housing policy established by the Future Land Use Element of the Comprehensive Plan states that the City "shall provide a mix of available residential densities to accommodate a variety of housing types sufficient to meet the needs of the present and projected population of the City, including the provision of adequate sites for housing very low-, low- and moderate -income households and for mobile and manufactured homes." While the definition of "family" and the Future Land Use element are adequate, there are still existing barriers to the development maintenance, and improvement of affordable housing. The most significant barriers for developing affordable housing include the following: • The lack of adequate public policies that support the creation of affordable housing. - The Housing Element of the City's Comprehensive Plan establishes goals, objectives and policies aimed at providing adequate housing for the City's residents. However, the Housing Element of the City's Comprehensive Plan has not been updated since 2008. The goals, objectives and policies of the Housing element should be updated to reflect the current conditions of the City. • Business Tax Receipt: A business tax receipt is required for long term rental of a property. The City should ensure that the inspections required to obtain a Business Receipt cover an evaluation of the property that ensures the accommodations are safe to be inhabited. Roof Truss tests should be required as part of the inspection process for manufactured home long term rentals. This will ensure that the property conforms to HUD regulations for manufactured homes. • Lack of resources for affordable housing and infrastructure in support of affordable especially renter housing: As grant sources, both Federal and State, are declining, resources for developing affordable housing are limited. Limited funding resources and the cost of retrofitting existing houses are barriers to the availability and accessibility of housing for persons with disabilities. The majority of the City's CDBG is not spent on affordable housing initiatives. • Limited Housing Options: The Housing Element mentions housing options in supportive housing but does not talk specifically about type of houses such as accessory dwelling units that can accommodate new housing units in existing neighborhoods, provide housing options for lower income persons, and allow for efficient use of the city's existing housing stock and infrastructure. Other options include land acquisition, development subsidies, expanded down payment assistance and home repair programs designed to assist elderly homeowners. Consolidated Plan BOYNTON BEACH 141 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 713 of 1276 • Impact Fees: Impact fees also pose a barrier to affordable housing. Currently, the impact fees for residential units 800 square feet in size or smaller are $2,699.22. Coupled with today's construction costs, impact fees can disincentivize affordable housing projects. • Zoning Regulations: Regulations and land use controls may also create unintended effects of reducing the availability of affordable housing as they may significantly impact the location and type of housing and business investments and may increase the cost of development. The development review and code compliance processes also tend to fall within the regulatory processes. Code compliance is essential to eliminate slum and blight but if not combined with adequate community engagement, it may become disastrous as residents may not comply and seek legal remedy. The City's Code Compliance Department should ensure that it is dedicated to enforcement as well as adequate community engagement. • Group Homes: Group homes are allowed per the City's zoning Code. There is no distance requirement established between each group home establishment. However, a conditional use approval is required for group homes to be permitted in several zoning districts within the City. The additional approval requirement creates a barrier to affordable housing for residents requiring this type of housing. • Accessory Dwelling Units: Accessory Dwelling Units are allowed per the zoning code. However, they are only allowed as an accessory use to any lawful non-residential principal use within a non- residential building. In addition, the living area requirement is seven hundred fifty (750) square feet and limited to occupancy by the property owner or business operator. Accessory Dwelling Units should be allowed as an accessory to lawful residential principal uses. The City of Boynton Beach conducted an update of its last Analysis of Impediments to Fair Housing Choice (AI) in 2010. The City is currently in the process of updating its last analysis. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment Housing Element of the Comprehensive Plan: The City of Boynton Beach last amended its Housing Element in 2008. The overarching goal of the Housing element is "To provide decent, safe, and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City". This goal is very broad and falls within the norms for almost all municipalities. Additional goals which more specifically prioritize affordable housing should be developed to increase its success. The housing related goals of Comprehensive Plan conform to the City's Development Code since the development standards include regulations that permit various housing types and zoning waivers. Consolidated Plan BOYNTON BEACH 142 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 714 of 1276 Discussion: A summary of the recommendations to address impediments to fair housing choice is provided below and these actions are intended to remove and/or ameliorate the barriers to affordable housing. Resources: The Boynton Beach CRA (CRA) was established as a tool for redevelopment within the City. A part of the Boynton Beach CRA's mission is to support affordable housing. Among its goals, the CRA aims to protect and enhance existing single-family neighborhoods and encourage the preservation of existing affordable housing and the development of new affordable housing through the provision of technical assistance, incentives, and land. The CRA has allocated $2,410,825 in affordable housing through its general fund and tax increment financing. Outside of CRA funding, vacant lots have also been provided for the development of affordable housing through Habitat for Humanity. A total of $579,825 in additional CDBG funds has been allocated during the FY2022-2026 Consolidated Plan period towards affordable housing activities. Regulatory Barriers: The City of Boynton Beach has developed partnerships with community-based organizations, banks, and realtors to increase and improve the supply and quality of affordable housing in the City through education and preservation of existing housing stock. The Housing Division, Zoning and Planning units will work closely together to identify any regulatory barriers to affordable housing and revise or eliminate such regulations when possible. Discrimination on the Basis of Protected Class in Violation of Federal, State, and Local Fair Housing Laws —Recommendations: Provide comprehensive fair housing enforcement services; provide fair housing education and training to housing providers, residents, City staff, and Community Based Organizations for fair housing education and referrals; implement a broadcast and print media campaign in various languages; provide financial support for fair housing enforcement (including testing); review and revise, if needed, zoning policies for congregate facilities; and develop a fair housing referral process. Shortage of Affordable/Accessible Housing — Recommendations: Provide information and technical assistance on all housing programs; increase the amount of accessible housing through design and construction training for greater accessibility; the use of universal design; and require City -funded housing to follow Fair Housing Design & Construction. Lack of Knowledge of Fair Housing Protections and Redress under Fair Housing Laws — Recommendations: Conduct fair housing broadcast and print media campaign; use the City's website for Fair Housing information with links; and appoint a media liaison to discuss racial/ethnic issues. Fair and Equal Lending Disparities— Recommendations: Implement a publicity campaign promoting Fair Lending and educational materials in English, Spanish, and Creole and require and monitor annual reports Consolidated Plan BOYNTON BEACH 143 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 715 of 1276 from all area lenders by race/ethnicity. Strongly Segregated Housing Market- Recommendations: Provide technical assistance training in Affirmative Marketing for City funded housing projects, staff, and entities; provide culturally competent fair housing education for persons with Limited English Proficiency; and the City's own advertising reflects and appeals to diverse communities. No County -wide Cooperative Effort to Affirmatively Further Fair Housing- Recommendations: Encourage and support regional fair housing efforts; fair housing month activities; and federal Fair Housing, Performance Standards and CDBG Grant Review. Consolidated Plan BOYNTON BEACH 144 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 716 of 1276 AP -85 Other Actions — 91.220(k) Introduction: The following is a list of actions the City of Boynton Beach plans to implement over the new one-year period to achieve success in addressing the housing and community development needs of low -to moderate income residents and families. Actions planned to address obstacles to meeting underserved needs The Community Improvement Division will continue to work with other city Departments, Palm Beach County, as well as other public and private organizations to expand services and leverage Federal, state, and local funds to address the obstacles to meeting the underserved needs of the community. Obstacles that arise over the next one-year will be addressed in the following ways: 1) determine the level of urgency and propose a solution with available resources and/or 2) re -prioritize future funding based on the level of urgency and available resources. Actions planned to foster and maintain affordable housing Boynton Beach will continue efforts of fostering and maintaining existing and new affordable housing by working with our housing partners and potential new developers to expand and increase affordable housing opportunities. Combined with State (SHIP) funding, the city anticipates having over $1 million to allocate towards housing during the next one-year period. Actions planned to reduce lead-based paint hazards Overall, the goal of the City of Boynton Beach is to eliminate lead-based paint hazards and prevent childhood poisoning in our community. This can only be achieved through partnering with our public and private sectors. The City will follow all procedures specified in the applicable program regulations for activities receiving these funds. The city will also provide all contractors/sub-recipient agencies the required notifications to owners and occupants and inspect for defective paint surfaces in pre -1978 properties assisted. Any defective paint conditions found will be included in the project scope of work and treatment provided to the defective areas. All paint inspections, risk assessments and clearance testing of suspect properties will be performed by licensed testing professionals. As a policy, the city provides the HUD required informational pamphlets to homeowners and contractors to ensure that both the lead safe work and the EPS's Renovation Repair, and Painting Rule (RRP) practices are being used for all Federally funded housing activities. Actions planned to reduce the number of poverty -level families As stated in prior sections, the city will work to increase the number of higher paying jobs that may in - turn reduce the number of poverty -level families and strive to expand new economic opportunities to build a more equitable business climate in Boynton Beach. Through its partnering agencies and non- profits organizations, efforts will continue to support educational opportunities, promote programs that prepare the workforce for new, or career changing paths to financial independence and seek new Consolidated Plan BOYNTON BEACH 145 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 717 of 1276 businesses that will retain young local talented residents. Actions planned to develop institutional structure Boynton Beach will continue to work in partnership with local non-profit service providers and government agencies to deliver services to those in need. On-going efforts to review and assess the strengths and gaps in the current institutional structure will take place over the next one-year period and beyond. Adjustments, as necessary, will be made to improve results of the existing structure to produce better outcomes. Actions planned to enhance coordination between public and private housing and social service agencies The city undertakes a consultation process each year and invites comments/feedback from stakeholders within the housing and service delivery environs. Next steps will include developing a methodology to measure and collect data sufficient to assess the effectiveness of meeting client needs. Discussion: Affordable housing development requires multiple funding sources including the City's local funds, State dollars, federal funding, and available redevelopment property amassed by the City. To keep pace with the increasing demand for affordable housing and to balance development to ensure locational choice, continued federal and state funding is needed. The city received $547,207 in CDBG funding in Fiscal Year 2022. This allocation does not allow for a significant number of housing projects to occur due to the current spike in construction costs as a result of the COVID-19 pandemic. Consolidated Plan BOYNTON BEACH 146 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 718 of 1276 Program Specific Requirements AP -90 Program Specific Requirements — 91.220(1) (1,2,4) Introduction: The following is a description of the plans and actions that the City of Boynton Beach will implement during the 2022-2023 Program Year for each federal program shown below to remain in compliance with the program specific requirements of HUD Community Planning and Development programs. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start $0 of the next program year and that has not yet been reprogrammed. 2. The amount of proceeds from section 108 loan guarantees that will be used $0 during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 3. The amount of surplus funds from urban renewal settlements. $0 4. The amount of any grant funds returned to the line of credit for which the planned $0 use has not been included in a prior statement or plan. 5. The amount of income from float -funded activities $0 Total Program Income: $0 Other CDBG Requirements 1. The amount of urgent need activities. $0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit — A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. ONE YEAR - 100% Consolidated Plan BOYNTON BEACH 147 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 719 of 1276 Appendix A Public Notices Consolidated Plan BOYNTON BEACH 148 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 720 of 1276 6.F. Consent Agenda 9/22/2022 ole City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/22/2022 Requested Action by Commission: Proposed Resolution No. R22-132 - Authorize the Interim City Manager to implement proposed changes in purchasing thresholds pursuant to Chapter 10 of the City's Administrative Policy Manual. Explanation of Request: The City's Finance Department has been reviewing the City's Administrative Policy Manual with respect to Chapter 10 (Purchasing Policies) over the last several months. As the Consumer Price I ndex (CPI) and the cost of goods and services has increased over the years, it has become necessary to update the City's purchasing policies to reflect the changes in the market. Therefore, staff is recommending an increase in the purchasing thresholds. Non -construction (Goods & Services) Current Proposed One (1) Written Quote less than $2,000 less than $5,000 Three (3) Written Quotes $2,000 - $34,999 $5,000 - $49,999 Formal Bid * $35,000 & over $50,000 & over Construction One (1) Written Quote less than $2,000 less than $5,000 Three (3) Written Quotes $2,000 - $99,999 $5,000 - $199,999 Formal Bid * $100,000 & over $200,000 & over City Manager Emergency Signature Authority $200,000 $300,000 For a typical RFP, RFQ, or Bid, various staff time can range from 15-40 hours minimum spent on identifying/clarifying the scope of work, advertising, reviewing proposals/bids, reference checks, site visits, selection committee meetings, submitting the recommendations to Commission, and getting contracts executed. In the last three (3) years the City has also seen an increase in costs for goods, services, and the cost of materials for construction projects. As well as, extreme lead times for those materials. The Consumer Price Index for All Urban Consumers (CPI -U) for Miami -Fort Lauderdale -West Palm Beach rose 7.0 percent (All items less food and energy) from June 2020 to June 2022. Increasing the current thresholds would reduce staff time, shorten the process of obtaining the needed goods and services, and expedite the lead time materials needed for projects. The City also reviewed the thresholds of our two (2) neighboring cities: City of Lake Worth Beach C'.ity of nplrav Raarh One Three Quote Quotes $15,000 $15,002- $50,000 15,002- $50,000 v; nnn $5,000 - Competitive Solicitation Commission Threshold Approval Population >$50,000 >-TFF nnn Req u i red $50,000 40,000 (tFt; nnn 7n nnn Page 721 of 1276 -Ili -1 --"-j ------ $65,000 w Also, in the last three (3) years the City has seen an increase of purchase/blanket purchase orders issued each fiscal year. Purchase/Blanket Purchase Orders FY 2022 1684 (thru 8/30/2022) FY 2021 1626 FY 2020 1305 How will this affect city programs or services? Updating the thresholds will bring the City's purchasing policy in line with the market as well as neighboring municipalities. Additionally, with the reduction in hours spent issuing RFP's, RFQ's, and Bids, this will give our Procurement Division the opportunity to facilitate stronger oversight in contract management, create more efficiencies within the department and allow staff to assist other City departments more effectively with their procurement needs or initiatives. With these new thresholds, City departments will also have a reduction in time spent getting quotes on small purchases. City Commission will still see quoted items on the monthly $10k report, it will just no longer have to be formally bid up to the $50k for regular purchase order items. Fiscal Impact: Budgeted N/A Alternatives: Do not implement change in the Purchasing thresholds and bid out all bids at the current thresholds. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Resol ufloi n Allaclhirnei nt Description Resoll ufloi n aIppiroV i ng clhai ages to the Ip uircha§ i ng thireshclUs Coi nsurneir IlIirlice Il index (CRl I...V( Page 722 of 1276 I 1:74-fo] ILIA i [e]► ■► LOA 11k*a91Pa 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, AUTHORIZE THE INTERIM CITY MANAGER TO 4 IMPLEMENT PROPOSED CHANGES IN PURCHASING 5 THRESHOLDS PURSUANT TO CHAPTER 10 OF THE 6 CITY'S ADMINISTRATIVE POLICY MANUAL; AND 7 PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, the City's Finance Department has been reviewing the City's Administrative 10 Policy Manual with respect to Chapter 10 (Purchasing Policies) over the last several months; 11 and 12 WHEREAS, staff has determined that increasing the purchasing thresholds would 13 significantly decrease staff time spent on getting multiple quotes, soliciting formal bids, and 14 obtaining the City Commission approval for goods, services, and construction projects; and 15 WHEREAS, with the reduction in hours spent issuing RFP's, RFQ's, and Bids, this will 16 give our Procurement Division the opportunity to facilitate stronger oversight in contract 17 management, create more efficiencies within the department and allow staff to assist other 18 City departments more effectively with their procurement needs or initiatives; and 19 WHEREAS, the City Commission has reserved to itself the authority to establish 20 monetary limits on the City Manager's authority to enter into contracts for purchases and 21 services; and 22 WHEREAS, the City Commission of the City of Boynton Beach Florida deems it to be in 23 the best interest of the citizens and residents of the City to authorize the Interim City Manager 24 to implement proposed changes in purchasing thresholds pursuant to Chapter 10 of the City's 25 Administrative Policy Manual. 26 11 S:ACA\RESO\Procurement Policy Thresholds (2022) - Reso.Docx Page 723 of 1276 27 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 28 BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption. 31 Section 2. The City Commission hereby approves and authorizes the Interim City 32 Manager to implement proposed changes in purchasing thresholds pursuant to Chapter 10 of 33 the City's Administrative Policy Manual as follows: 34 Processing Requirements and Approval Levels. Requirements for approvals of all 35 construction and non -construction purchases follows: 36 37 Non -construction (Goods & Services) Currently Proposed One (1) Written Quote less than $2,000 less than $5,000 Three (3) Written Quotes $2,000 - $34,999 $5,000 - $49,999 Formal Bid * $35,000 & over $50,000 & over Construction One (1) Written Quote less than $2,000 less than $5,000 Three (3) Written Quotes $2,000 - $99,999 $5,000- $199,999 Formal Bid * $100,000 & over $200,000 & over City Manager Emergency Signature Authority $200,000 $300,000 38 39 *City Commission 40 41 Section 3. That this Resolution shall become effective immediately. 42 S:ACA\RESO\Procurement Policy Thresholds (2022) - Reso.Docx 2 Page 724 of 1276 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 PASSED AND ADOPTED this day of September, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) S:ACA\RESO\Procurement Policy Thresholds (2022) - Reso.Docx 3 VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 725 of 1276 Technical Note The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI -U) which covers approximately 93 percent of the total population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI -W) which covers 29 percent of the total population. The CPI -U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force. Page 726 of 1276 6.G. Consent Agenda 9/22/2022 Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the month of August 2022. Explanation of Request: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: Further, the City Manager, or designee is authorized to execute a purchase order on behalf of the City for such purchases under the $35,000 bid threshold for personal property, commodities, and services, or $100,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or designee. All backup documentation is available upon request. Below is a list of the purchases for August 2022: Purchase Order # Vendor Amount 221673 BAXTER & WOODMAN I NC. $33,610.00 221674 GRAYBAR ELECTRIC COMPANY INC. $14,117.72 221675 EAGLE PAINTING $13,664.07 221688 A-1 AIR SOLUTIONS, LLC $33,400.00 221693 A-1 AIR SOLUTIONS, LLC $34,500.00 221698 TELEVAC SOUTH INC $20,625.00 221704 AMERICAN WATER CHEMICALS, INC. $26,624.00 221705 ALL COUNTIES PAI NTI NG, LLC $14,800.00 221708 ATLANTIC SOUTHERN PAVING $13,562.50 221709 ATLANTIC SOUTHERN PAVING $40,371.50 221710 DELL MARKETING LP $12,053.63 221712 PAT'S PUMP & BLOWER INC. $30,028.82 221727 BROADCAST SYSTEMS $14,076.00 221729 MULLINGS ENGINEERING SERVICES $15,930.00 221730 MULLINGS ENGINEERING SERVICES $54,750.00 221732 MATERIAL HANDLING SYSTEMS INC. $11,821.47 221734 BENNETT FIRE PRODUCTS COMPANY $18,035.60 221738 INFORMATION CONSULTANTS INC. $24,300.00 221750 BROADCAST SYSTEMS $11,558.40 221754 LINE -TEC INC. $53,150.00 221755 GOVQA, LLC $12,335.00 221761 KELLY TRACTOR COMPANY $34,999.00 221762 BROADCAST SYSTEMS $12,956.73 221764 COMMONWEALTH AMMUNITI ON $24,000.00 221765 HENRY SCHEIN, INC. $23,691.42 221766 CRITERIA CORP. $12,320.00 221773 RI MAGE CORPORATION $11,821.41 221777 BAKER & TAYLOR COMPANY $16,022.40 221788 BROADCAST SYSTEMS $25,619.15 221789 BROADCAST SYSTEMS $28,534.24 Page 727 of 1276 How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager, or designee. Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allowfor making more timely purchases. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Ty pe Attachment Description Purchases oveir $10,000 foir August 2022 Page 728 of 1276 Page 729 of 1276 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR AUGUST 2022 1. Vendor: BAXTER & WOODMAN INC. Purchase Amount: $33,610.00 Requesting Department: UTILITY Contact Person: HOWARD KERR Date: 8/4/2022 Brief Description of Purchase: Engineering services to assist in the review of the City's reclaimed water system planning and regulatory compliance (Section 403.086(9) a (1) , Florida Statute) which requires the City to meet the 60% reuse condition by December 2025. Source for Purchase: CONTRACT #: 046-2821-17 Fund Source: 404-5000-536.65-11 RE0005 2. Vendor: GRAYBAR ELECTRIC COMPANY INC. Purchase Amount: $14,117.72 Requesting Department: WAREHOUSE Contact Person: JEN PACIELLO Date: 8/4/2022 Brief Description of Purchase: Replacing parts: circuit breakers and square D soft start at lift station 316. Source for Purchase: THREE (3) QUOTES Fund Source: 401-2816-536.52-75 3. Vendor: EAGLE PAINTING Purchase Amount: $13,664.07 Requesting Department: FACILITIES Contact Person: JOSE MURRAY Date: 8/4/2022 Brief Description of Purchase: 1913 School House Museum - interior painting to include walls, door trims and frames, baseboards, windows and molding. Source for Purchase: CONTRACT #: 013-2511-19 Fund Source: 303-4107-573.52-01 GG2206 4. Vendor: A-1 AIR SOLUTIONS, LLC Purchase Amount: $33,400.00 Requesting Department: FACILITIES Contact Person: GAIL MOOTZ Date: 8/8/2022 Brief Description of Purchase: Install HVAC controls for the Senior Center. Source for Purchase: CONTRACT #: 012-2511-20 Fund Source: 303-4201-580.64-18 GG1004 5. Vendor: A-1 AIR SOLUTIONS, LLC Purchase Amount: $34,500.00 Requesting Department: FACILITIES Contact Person: GAIL MOOTZ Date: 8/8/2022 Brief Description of Purchase: Install HVAC controls for Intracoastal Park Clubhouse. Source for Purchase: CONTRACT #: 012-2511-20 Fund Source: 303-4101-580.64-18 GG1004 6. Vendor: TELEVAC SOUTH INC Purchase Amount: $20,625.00 Requesting Department: UTILITIES Contact Person: MARC FILSAIME Date: 8/8/2022 Brief Description of Purchase: Wet well cleaning at Master Lift Station 317. Source for Purchase: THREE (3) QUOTES Fund Source: 401-2816-536.49-17 401-2816-536.44-30 7. Vendor: AMERICAN WATER CHEMICALS, INC. Purchase Amount: $26,624.00 Requesting Department: UTILITIES Contact Person: FORD BABCOCK Date: 8/9/2022 Brief Description of Purchase: Emergency purchase of Corrosion inhibitor needed to prevent problems in the water distribution system pipework. The current vendor Brenntag Mid -South, is unable to produce the material. Source for Purchase: THREE (3) QUOTES Fund Source: 401-2811-536.52-35 Page 729 of 1276 8. Vendor: ALL COUNTIES PAINTING, LLC Purchase Amount: $14,800.00 Requesting Department: FACILITIES Contact Person: GAIL MOOTZ Date: 8/11/2022 Brief Description of Purchase: Fire Station 2 - paint interior ceiling & CMU walls to include 7 metal doors & frames. Wipe down surfaces thoroughly prior to coating application. Fill in any holes & cracks with interior compound. Surface preparation - remove surface irregularities by sanding to produce a uniform subtrate. Source for Purchase: CONTRACT #: 013-2511-19 Fund Source: 303-4126-522.62-01 FA2003 9. Vendor: ATLANTIC SOUTHERN PAVING Purchase Amount: $13,562.50 Requesting Department: ENGINEERING Contact Person: CARL FRUMENTI Date: 8/11/2022 Brief Description of Purchase: Sidewalk repairs: NE 3rd Street at NE 9th Avenue Source for Purchase: CONTRACT #: PWE22-008 Fund Source: 303-4905-580.63-08 CP0266 10. Vendor: ATLANTIC SOUTHERN PAVING Purchase Amount: $40,371.50 Requesting Department: ENGINEERING Contact Person: CARL FRUMENTI Date: 8/11/2022 Brief Description of Purchase: Sidewalk repairs: Ocean Drive (Leisureville) Source for Purchase: CONTRACT #: PWE22-008 Fund Source: 303-4905-580.63-08 CP0266 11. Vendor: DELL MARKETING LP Purchase Amount: $12,053.63 Requesting Department: DEVELOPMENT Contact Person: AMANDA RAGIGAN Date: 8/11/2022 Brief Description of Purchase: Upgraded computer specifications to meet the demand of software being utilized by staff. Existing computers are not adequate to efficiently complete tasks by staff. This option (laptop with docking station) allows for quicker processing of tasks by staff & provides the flexibility of remote access and meeting with applicants. Source for Purchase: PIGGYBACK CONTRACT: STATE OF FLORIDA Fund Source: 001-2414-515.64-15 CONTRACT #: 43211500-WSA-15-ACS 12. Vendor: PAT'S PUMP & BLOWER INC. Purchase Amount: $30,028.82 Requesting Department: WAREHOUSE Contact Person: MICHAEL JOHNSON Date: 8/11/2022 Brief Description of Purchase: Purchase of complete Telescopic boom for replacement on Utilitity Truck 2553. Source for Purchase: CONTRACT #: 029-1412-19 Fund Source: 501-5000-590.09-85 13. Vendor: BROADCAST SYSTEMS Purchase Amount: $14,076.00 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 8/12/2022 Brief Description of Purchase: Hiperwall - 2 year license software maintenance. Source for Purchase: SOLE SOURCE: SOFTWARE MAINTENANCE Fund Source: 001-2112-521.46-20 14. Vendor: MULLINGS ENGINEERING SERVICES Purchase Amount: $15,930.00 Requesting Department: PUBLIC WORKS Contact Person: WESLEY NORWOOD Date: 8/12/2022 Brief Description of Purchase: Barrier Free Park: Bioswale, install 27,000 sf. of St. Augustine Floratam sod. Source for Purchase: CONTRACT #: 066-2730-16 Fund Source: 303-4233-572.63-05 RP2107 15. Vendor: MULLINGS ENGINEERING SERVICES Purchase Amount: $54,750.00 Requesting Department: PUBLIC WORKS Contact Person: WESLEY NORWOOD Date: 8/12/2022 Brief Description of Purchase: Barrier Free Park: Bioswale, removal and disposal of rocks/bolders, weeds, sod and dirt and dispose off site. Regrade area for sod installation. Source for Purchase: PIGGYBACK: CITY OF PEMBROKE PINES Fund Source: 303-4233-572.63-05 RP2107 CONTRACT #: PSPW-20 Page 2 Page 730 of 1276 16 Vendor: MATERIAL HANDLING SYSTEMS INC. Purchase Amount: $11,821.47 Requesting Department: UTILITY Contact Person: MARC FILSAIME Date: 8/12/2022 Brief Description of Purchase: Master Lift Station 317 - Supply & install new hoist 2 ton, 26 FMP, 3 phase, single brake, electric chain hoist with 20 ft. of total lift, 230V -hoist. Speed: Single, Trolley speed 43 FPM with remote control. Install C track & festoon. Source for Purchase: SOLE SOURCE Fund Source: 401-2816-536.46-51 17. Vendor: BENNETT FIRE PRODUCTS COMPANY Purchase Amount: $18,035.60 Requesting Department: FIRE Contact Person: CHIEF BRUDER Date: 8/16/2022 Brief Description of Purchase: HELMETS FOR NEW FIRFIGHTERS. Source for Purchase: PIGGYBACK: LAKE COUNTY, FL Fund Source: 001-2210-522.52-23 CONTRACT #: 22-73B 18. Vendor: INFORMATION CONSULTANTS INC. Purchase Amount: $24,300.00 Requesting Department: ITS Contact Person: MICHAEL BENNETT Date: 8/16/2022 Brief Description of Purchase: Annual renewal for city wide use of Laserfiche. This helps with City workflow and allows for a streamline process. Source for Purchase: SOLE SOURCE Fund Source: 001-1510-513.49-17 19. Vendor: BROADCAST SYSTEMS Purchase Amount: $11,558.40 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 8/16/2022 Brief Description of Purchase: Purchase and install video intercom, to allow records personnel to communicate with visitors when PD lobby is closed. Source for Purchase: PIGGYBACK: GSA ADVANTAGE Fund Source: 001-2112-521.64-15 CONTRACT #: GS-07F-173GA 20. Vendor: LINE -TEC INC. Purchase Amount: $53,150.00 Requesting Department: UTILITIES Contact Person: WANEYA BRYANT Date: 8/16/2022 Brief Description of Purchase: Meter replacements/change outs at various locations, includes labor, materials and hardware to replace City supplied water meters. Source for Purchase: CONTRACT #: 021-2821-18 Fund Source: 403-5000-533.65-02 21. Vendor: GOVQA, LLC Purchase Amount: $12,335.00 Requesting Department: CLERKS OFFICE Contact Person: MAYLEE DE JESUS Date: 8/17/2022 Brief Description of Purchase: GovQA is used for Public Records Requests and is used citywide. Exchange Platform with FIOA module (1/1/2022 - 12/31 /2022). Source for Purchase: SOLE SOURCE Fund Source: 001-1310-512.49-17 22. Vendor: KELLY TRACTOR COMPANY Purchase Amount: $34,999.00 Requesting Department: PARKS Contact Person: WESLEY NORWOOD Date: 8/19/2022 Brief Description of Purchase: Purchase of JLG Two -Pro Boom Lift. Source for Purchase: PIGGYBACK: FLORIDA SHERIFFS ASSOCIATION Fund Source: 001-2730-572.64-02 CONTRACT#: FSA20-EQU18.0 23. Vendor: BROADCAST SYSTEMS Purchase Amount: $12,956.73 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 8/19/2022 Brief Description of Purchase: Rolling Green - Cameras and access control. Source for Purchase: PIGGYBACK: GSA ADVANTAGE Fund Source: 303-4225-572.64-15 GG2203 CONTRACT #: GS-07F-173GA Page 3 Page 731 of 1276 24. Vendor: COMMONWEALTH AMMUNITION Purchase Amount: $24,000.00 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 8/19/2022 Brief Description of Purchase: Ammo purchase for annual qualifications. Source for Purchase: THREE (3) QUOTES Fund Source: 001-2112-521.52-50 25. Vendor: HENRY SCHEIN, INC. Purchase Amount: $23,691.42 Requesting Department: FIRE Contact Person: CHIEF BRUDER Date: 8/19/2022 Brief Description of Purchase: Boynton Beach Fire Rescue Stat Packs (18 full sets): Red Medical Bags, Blue PALS Bags, Green Airway Bags, and Black Trauma Bags Source for Purchase: CONTRACT #: 069-1412-21 Fund Source: 105-3202-513.64-02 26. Vendor: CRITERIA CORP. Purchase Amount: $12,320.00 Requesting Department: HUMAN RESOURCES Contact Person: DANIELLE GOODRICH Date: 8/19/2022 Brief Description of Purchase: Annual subscription - ability to create and use standardized tests including basic reading, math, and Microsoft skilled assessments for applicants and employees. Source for Purchase: SOLE SOURCE Fund Source: 001-1610-513.49-13 27. Vendor: RIMAGE CORPORATION Purchase Amount: $11,821.41 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 8/24/2022 Brief Description of Purchase: Purchase of a Rimage printer. This printer will be utilized in order to burn multiple copies of media for Detectives, Bodyworn Camera, and Public records requests. Source for Purchase: PIGGYBACK: GSA ADVANTAGE Fund Source: 001-2112-521.64-15 CONTRACT #: GS -35F -0537P 28. Vendor: BAKER & TAYLOR COMPANY Purchase Amount: $16,022.40 Requesting Department: LIBRARY Contact Person: TIFFANY PAGAN Date: 8/24/2022 Brief Description of Purchase: Book leasing program which allows the Library to increase its number of popular books with the ability to return them when Library customer demand has subsided. The books arrive shelf -ready, with all cataloging and processing completed to our specifications. (7/1/2022 - 12/31/2022) Source for Purchase: SOLE SOURCE Fund Source: 001-2610-571.66-01 LBAFF3 29. Vendor: BROADCAST SYSTEMS Purchase Amount: $25,619.15 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 8/31/2022 Brief Description of Purchase: Critical spare cameras to be deployed when a camera goes down. Source for Purchase: PIGGYBACK: GSA ADVANTAGE Fund Source: 001-2112-521.64-15 CONTRACT #: GS-07F-173GA 30. Vendor: BROADCAST SYSTEMS Purchase Amount: $28,534.24 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 8/31/2022 Brief Description of Purchase: Critical spare network video recorders (NVR) to be deployed when a NVR goes down. Source for Purchase: PIGGYBACK: GSA ADVANTAGE Fund Source: 001-2112-521.64-15 CONTRACT #: GS-07F-173GA Page 4 Page 732 of 1276 6.H. Consent Agenda 9/22/2022 Requested Action by Commission: Proposed Resolution No. R22-133 -Authorize the Interim City Manager to sign an agreement with Public Consulting Group for assistance with the Florida EMS Certified Public Expenditure Program via a piggyback agreement with Palm Beach County Explanation of Request: The City provides emergency medical transport services for Medicaid patients. The reimbursement rate paid by Medicaid for Advanced Life Support (ALS) transports is $190.00 and the Basic Life Support (BLS) transports is $136.00. Supplemental payments are available only for allowable costs that are in excess of other Medicaid revenue that the eligible PEMT entities receive for emergency medical transportation services to Medicaid eligible recipients. The process for submission is complicated and best managed by billing professionals. Public Consulting Group (PCG) provides the professional experience to apply for the additional payments, PCG will retain 9% of the additional payments. An initial estimate of possible additional payments is approximately $175,000 per year, which the City would receive 85% of that or about $150,000. How will this affect city programs or services? N/A Fiscal Impact: Non -budgeted. It is anticipated that the City will recover additional revenue for Medicaid reimbursable ambulance calls. Alternatives: N/A Strategic Plan: High Performing Organization Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? No Grant Amount: Contracts Page 733 of 1276 Vendor Name: Public Consulting Group Start Date: 8/20/2022 End Date: 8/19/2024 Contract Value: Varies depending on revenue generated Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Continuing participation in program via piggyback contract Attachments: Type DAg ir'E�'E) rTIE) III t D AddE)indUlirn DAgir'E�IENrTIENI'It D A rTIE)ind irTIENI'l t Description IRE)SCflUltioin approviing Agir'E)E)irTIE)I['It with F'Ulblic, C01['ISL.JIRiI['Ig (3)rOLA�P to appIy for SLJI�PIPE)irTIEs'Inta�� rTIEsdicaid payirTIENI'ItS FIC(3) Agir'E)E)irTIE)I['It Riggy IBa(�,,ll(Agir'EsEsirTIEsll'It FlalirnBE�,ach COLAInty OrigiinallAgir'E�IENrTIENI'It F:::irst ArTIE)indirTIENI'It to Agir'E)E)irTIE)I['It Page 734 of 1276 I RESOLUTION NO. R22-133 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING 3 AND AUTHORIZING THE INTERIM CITY MANAGER TO SIGN AN 4 AGREEMENT WITH PUBLIC CONSULTING GROUP FOR ASSISTANCE WITH 5 THE FLORIDA EMS CERTIFIED PUBLIC EXPENDITURE PROGRAM VIA A 6 PIGGYBACK AGREEMENT WITH PALM BEACH COUNTY; AND PROVIDING 7 AN EFFECTIVE DATE. 8 WHEREAS, the City provides emergency medical transport services to Medicaid patients 9 for which the reimbursement rate paid by Medicaid for Advanced Life Support (ALS) transports is 10 $190.00 and the Basic Life Support (BLS) transports is $136.00; and 11 WHEREAS, Supplemental payments are available only for allowable costs that are in 12 excess of other Medicaid revenue that the eligible PEMT entities receive for emergency medical 13 transportation services to Medicaid eligible recipients; and 14 WHEREAS, Public Consulting Group (PCG) provides the professional experience to apply 15 for the additional payments, PCG will retain 9% of the additional payments; and 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 17 recommendation of staff, deems it to be in the best interests of the City residents to approve and 18 authorize the Interim City Manager to sign an Agreement with Public Consulting Group for 19 assistance with the Florida EMS Certified Public Expenditure Program via a piggyback agreement 20 with Palm Beach County. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. Each Whereas clause set forth above is true and correct and incorporated 24 herein by this reference. 25 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 26 approve and authorize the Interim City Manager to sign an Agreement with Public Consulting 27 Group for assistance with the Florida EMS Certified Public Expenditure Program via a piggyback S:ACA\RESO\Agreements\Agreement With Public Consulting Group - Reso.Docx Page 735 of 1276 28 agreement with Palm Beach County. A copy of the Agreement is attached hereto and incorporated 29 herein as Exhibit "A". 30 Section 3. That this Resolution shall become effective immediately upon passage. 31 PASSED AND ADOPTED this day of September, 2022. 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 YES NO 35 Mayor — Ty Penserga 36 37 Vice Mayor — Angela Cruz 38 39 Commissioner — Woodrow L. Hay 40 41 Commissioner — Thomas Turkin 42 43 Commissioner —Aimee Kelley 44 45 46 ATTEST: 47 48 49 Maylee De Jes6s, MPA, MMC 50 City Clerk 51 52 53 (Corporate Seal) 54 55 56 57 VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Agreement With Public Consulting Group - Reso.Docx Page 736 of 1276 AGREEMENT FOR CPE PROCESSING SERVICES This Agreement is made as of this day of , 2022 by and between Public Consulting Group, Inc with a principal address 148 State Street, 10th Floor, Boston, MA 02109 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 assist the Fire Rescue Department comply with the Florida Certified Public Expenditure Program for Emergency Medical Transport (PEMT) program to the public, the City's Finance Department is requesting the City enter into an Agreement Public Consulting Group to assist the Fire Rescue Department comply with the Florida Certified Public Expenditure Program for Emergency Medical Transport (PEMT) program; and WHEREAS, Public Consulting Group, Inc has agreed to allow the City to piggy -back the Palm Beach County Agreement pursuant to Contract No. 19-020/SS to provide assist the Fire Rescue Department comply with the Florida Certified Public Expenditure Program for Emergency Medical Transport (PEMT) program in the amount of not to exceed 6% for the Florida Certified Public Expenditures (CPE) portion; and (2) shall not exceed three percent (3%) for the Medicaid Managed Care (MCO) portion based on Contract No. 19-020/SS for a 2 year term commencing August 20, 2022 ( the "Palm Beach County Agreement"); 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 Public Consulting Group, Inc. agree that Public Consulting Group, Inc shall provide assist the Fire Rescue Department comply with the Florida Certified Public Expenditure Program for Emergency Medical Transport (PEMT) program in the amount of not to not to exceed 6% for the Florida Certified Public Expenditures (CPE) portion: and (2) shall not exceed three percent (3%) for the Manages Care (MCO) portion based Palm Beach County Contract No 19-020/SS for a 2 year term commencing a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to the Palm Beach County Contract No 19-020/SS shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 /Facsimile: (561) 742-6090 Copy: Michael D. Cirullo, Jr., City Attorney Goren, Cherof, Doody & Ezrol, PA. Page 1 Piggyback Contract Template Page 737 of 1 276 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 RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6060 CITYCLERK@BBFL.US Page 2 Piggyback Contract Template Page 738 of 1276 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 Palm Beach County is amended, or terminated, Public Consulting Group, Inc shall notify the City within ten (10) days. In the event the Palm Beach County 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. Public Consulting Group, Inc 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 which contains a term 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 Palm Beach County are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. Page 3 Piggyback Contract Template Page 739 of 1276 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 James Stables, Interim City Manager Approved as to Form: Michael D. Cirullo, City Attorney Attested/Authenticated: City Clerk Public Consulting Group, Inc (Signature), Company Print Name of Authorized Official Title Attest/Authenticated: (Signature), Witness Print Name (Corporate Seal) Page 4 Piggyback Contract Template Page 740 of 1276 EXHIBIT A AGREEMENT BETWEEN Palm Beach County AND Public Consulting Group, Inc Page 5 Piggyback Contract Template Page 741 of 1276 R2022 UP' SECOND AMENDMENT TO CONTRACT FOR FLORIDA CERTIFIED PUBLIC EXPENDITURE PROGRAM FOR EMERGENCY MEDICAL TRANSPORTATION (PEMT) (Contract No. 19-020/SS) THIS SECOND AMENDMENT, dated APR 2 6 2022 2022, 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 LLC f/k/a Public Consulting Group, Inc,, located at 148 State Street, 10th Floor, Boston, MA 02109, a limited liability company authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". N%T1qk-5r-�3 WHEREAS, the parties have entered into that certain Contract dated August 20, 2019, hereinafter referred to as the "Contract", 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 First Amendment to the Contract, dated October 8, 2020, amended 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, added ARTICLE 35 - E -VERIFY - EMPLOYMENT ELIGIBILTY in orderto comply with F.S. 448.095, and amended EXHIBIT A to distinguish the various supplemental payment options relating to the PEMT program', and WHEREAS, effective February 22, 2021, Public Consulting Group, Inc., changed their name to Public Consulting Group LLC; and WHEREAS, Public Consulting Group LLC f/k/a Public Consulting Group, Inc., changed their address from 816 Congress Avenue, Suite 1110, Austin, TX 78701 to 148 State Street, 10th Floor, Boston, MA 02109; and WHEREAS, the parties desire to exercise the first option for renewal of the Contract for the period August 20, 2022, through August 19, 2024 (final renewal); and 1 Page 742 of 1276 WHEREAS, Palm Beach County Code, Section 2-371 — 2-377, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance") was amended to comply with the requirements of the U.S. Federal Bureau of Investigation's Criminal Justice Information (CJI) Security Policy, which includes, but is not limited to, the addition of criminal justice information facilities ("CJI Facilities") as identified in Resolutions R- 2013-1470 and R -2015-0572; and WHEREAS, the COUNTY has implemented a new insurance management system, and the parties desire to modify ARTICLE 15 - INSURANCE REQUIREMENTS to address changes as to where the CONTRACTOR shall provide evidence of insurance coverage; and WHEREAS, the COUNTY desires to revise ARTICLE 25 - PUBLIC RECORDS, ACCESS AND AUDITS to revise the number of years records are to be maintained to five (5) years; and WHEREAS, the parties desire to modify ARTICLE 32 - NOTICE, third paragraph, to address changes regarding the submittal of notices under this Contract. NOW THEREFORE, in consideration of the mutual covenants and agreements expressed herein, the COUNTY and the CONTRACTOR agree as follows - 1 . ollows: 1. ARTICLE 3 - SCHEDULE is hereby amended to read as follows: "The CONTRACTOR shall commence services on August 20, 2019, and complete all services by August 19, 2024. Reports and other items shall be delivered and/or completed in accordance with Exhibit A." 2. ARTICLE 10 - CRIMINAL HISTORY RECORDS CHECK is hereby amended to read as follows: "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 Resolutions R-2013-1470 and R- 2015-0572, as amended. The CONTRACTOR is solely responsible for understanding the financial, schedule, and/or staffing implications of this Ordinance. Further, the CONTRACTOR acknowledges that its Contract price includes any and all direct or indirect costs associated with compliance 2 Page 743 of 1276 with this Ordinance, except for the applicable FDLE/FBI 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 above referenced Resolutions, 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." 3. ARTICLE 15 - INSURANCE REQUIREMENTS is hereby amended as follows: a. The first two paragraphs are hereby amended to read as follows: "Prior to execution of this Contract, the CONTRACTOR shall provide evidence of the following minimum required insurance coverage and limits (i.e., a Certificate of Insurance) to COUNTY, c/o Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415, Attention: Lisa Inkell, Senior Buyer, until otherwise notified by the COUNTY. 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 (10) days prior to cancellation, non -renewal or material change to the required insurance coverage. Where applicable, coverage shall apply on a primary basis." 3 Page 744 of 1276 b. Paragraph F is hereby amended to read as follows: "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 term 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. The Certificate Holder shall read: Palm Beach County Board of County Commissioners Insurance Compliance PO Box 100085 — DX Duluth, GA 30096" 4. ARTICLE 25 - PUBLIC RECORDS, ACCESS AND AUDITS is hereby amended to read as follows: "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 EBO 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 five (5) years after completion or termination of the Contract. CONTRACTOR shall retain all books and records pertaining to this Contract, including, but not limited to, subcontractor payment records, for five (5) 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 five (5) years. Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the CONTRACTOR: (i) provides a service; and (ii) 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, Florida Statutes, 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 0 Page 745 of 1276 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. 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 5 Page 746 of 1276 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 RECORDSREQUEST(a-PBCGOV.ORG OR BY TELEPHONE AT 561-355-6680." 5. ARTICLE 32 - NOTICE, third paragraph, is hereby amended to read as follows: "With a copy to: Marc Staubley, Health Practice Area Director Public Consulting Group LLC 148 State Street, 10th Floor Boston, MA 02109" 6. 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. 7. In accordance with Palm Beach County Code Chapter 2, Article III, Section 2.51, as amended, this SECOND AMENDMENT shall not take effect until executed by the CONTRACTOR and COUNTY. THE REST OF THIS PAGE IS LEFT BLANK INTENTIONALLY 0 Page 747 of 1276 Execution of this Second Amendment to the 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 Second Amendment to the Contract on the day and year above written. 2 If 2 037 5 APR 2 6 2022 VL Si nature V / N -6d a Name (type or print) Signature Name (type or print) APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: County Attorney PALM BEACH COUNTY, FLORIDA FOR ITS BOARD OF COUNTY COMMISSIONERS BY SAMARA J. COOPER ASSISTANT DIRECTOR OF PURCHASING M I Samara J. Cooper, Assistant Director CONTRACTOR: Public Consultin,gGroup LLC Company Narrje, I A gnature Marc Staubley Typed Name Health Practice Area Director Title Page 748 of 1276 • 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 ?' 0 2�11 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 (PELT) 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. Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: (1) the provisions of the Contract, including Exhibit & (2) the provisions of RFP No. 19-0120/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. Page 749 of 1276 Fiat 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, FIL 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 httft-t b m-'o-vdim. beach.flAistwebilpl) L�Ls,12l81tSelf Service: Vendor's Legal Name, Vendor's Address and ­Vendor's,TIN/FEIN Nurnber. 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 htp�11/­; t 2_ y , 47m� It If CONTRACT6§ 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. K Page 750 of 1276 Pursuant to Palm Beach County Code, Section 2-421 - 2-446, as amended„ Palm Beach County's Office of Inspector General is authorized to review past, present and proposed COUNTY contracts, transactions, accounts, and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the COUNTY, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud.. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code„ Section 2-421 — 2-446, and punished pursuant to Section 125.69, F.S., in the same manner as a second degree misdemeanor. 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 ($566,666), 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. 19-6261SS 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 attorney'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 #CN -F-656, 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. 19-6261SS, 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 9364 through 9363. 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. Page 751 of 1276 A cashers 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 7 - TRUTH -IN -NEGOTIATION CEIRTIFICATEMOST 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. In Page 752 of 1276 C. After receipt of a Termination, Notice, except as otherwise directed by the COUNTY, in writing, the CONTRACTOR shal1l: 1. Stop work on the date and to the extent specified. 2, 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 753 of 1276 acknowledges that its Contract price includes any and all direct or indirect costs associated with compliance with this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the COUNTY. 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. R Page 754 of 1276 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 penalties: • 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/MNVBE 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. Page 755 of 1276 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 (10) 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 Liabilit - 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 Liabillit :, 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 1.1 Page 756 of 1276 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 Employer's 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 Subrogatiow 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: Page 757 of 1276 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 Liability: 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 Remect: 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. Page 758 of 1276 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 111, 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 759 of 1276 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 ANC► 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 760 of 1276 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 EBO 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 761 of 1276 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. P. 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-0102, 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. U. 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 762 of 1276 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. ARTICLE 2,6 — 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-2017-17'70, 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 763 of 1276 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. 13,5, 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 764 of 1276 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. 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 requiringsigned 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 765 of 1276 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. M Page 766 of 1276 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. ( li ' ? ) 19 10 68 AUG 2 0 2015 WITNESSES: Signature egl Name (type or print) SignAt'ure Name (type or print) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: "eouh':(y Attorn6r- PALM BEACH COUNTY, FLORIDA FOR ITS BOARD OF COUNTY COMMISSIONERS BY KATHLEEN M. SCARLETT DIRECTOR OF PURCHASING im n M. Scarlett, Director CONTRACTOR: Public Consulti!M G Company Nam� Signature Marc StaubleV Typed Name Health Practice Area Director Title Page 767 of 1276 EXHI�BIT A 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 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 familiarwith the PEMT Program in the State of Florida and all the rules, regulations and requirements associated with PEMT. at, Page 768 of 1276 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 (ANCA), 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 PEIVIT 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 ANCA, CONTRACTOR shall work with the COUNTY to make the necessary corrections andfor 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 AH,CA 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 769 of 1276 Business Associate to EXHIBIT• i • N Contracti r M ' pages) 0 Page 770 of 1276 Attachment A to RFP No. 19-020/SS 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 of the Covered Entity in compliance with the applicable provisions of Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle IF — Administrative Simplification, Sections 261, et seq., as amended and any related regulations ('"HIPAA"), and with Public Law 111-5 of February 17, 2009, known as the American Recovery and Reinvestment Act of 2009, Title XII, Subtitle D — Privacy, Sections 13400, et seq., the Health Information Technology for Economic and Clinical Health Act, as amended and any related regulations (the "HITECH Act"). A. General Provisions 1. Meaning ofTerms. The terms used in this Agreement shall have the same meaning as those terms defined in HIPAA. 2. Regulatory References. Any reference in this Agreement to a regulatory section means the section currently in effect or as amended. 3. Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with HIPAA. B. Obligations of Business Associate Business Associate agrees that it will: 1. Not use or further disclose PHI other than as permitted or required by this Agreement or as required by law; 2. Use appropriate safeguards and comply, where applicable, with the HIPAA Security Rule with respect to electronic protected health information ("e -PHI") and implement appropriate physical, technical and administrative safeguards to prevent use or disclosure of PHI other than as provided for by this Agreement; 3. Report in writing to the Covered Entity any use or disclosure of PHI, not provided for by this Agreement of which Business Associate becomes aware, including any security incident (as defined in the HIPAA Security Rule) and any breach of unsecured PHI (as defined in the HIPAA Breach Notification Rule) within three (3), business days of Page 771 of 1276 Attachment A to Exhibit A, Scope of Work/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 of the HIPAA Breach Notification Regulations found at 45 CFR §164.400 etseq. when making breach notification to the Covered Entity. The Covered Entity shall have sole control over the timing and method of breach notification to affected individual(s), the Department of Health and Human Services, and, if applicable, the media, Business Associate agrees that, if requested by the Covered Entity to do so, it will provide breach notification to affected individuals of any breach of unsecured PHI discovered by Business Associate. If requested by the Covered Entity to make breach notification, to affected individuals, Business Associate shall comply with all applicable provisions of the HIPAA Breach Notification Regulations found at 45 CFR §164.400 etseq., and any direction from the Covered Entity; 4. In accordance with 45 CFR §164.502(e)(1)(ii) and §164.308(b)(2), ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of Business 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; Make PHI in a designated record set available to the Covered Entity and to an individual who has a 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 30 days of a request; 6. Make any amendment(s) to PHI in a designated record set as directed by the Covered Entity, or take other measures necessary to satisfy the Covered Entity's obligations under 45 CFR §164.526; 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 60 days and as necessary to satisfy the Covered Entity's obligations under 45 CFR §164,528; 8. 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, or created or received by Business Associate on behalf of the Covered Entity, available to the Secretary of the Department of Health and Human Services for 2 Page 772 of 1276 Attachment A to Exhibit A, Scope of Work/Services Contract No. 19-020/SS purposes of determining Business Associate's and the Covered Entity's compliance with HIPAA and the HITECH Act; 10. Restrict the, use or disclosure of PHI if the Covered Entity notifies Business Associate of any restriction on the use or disclosure of PHI that the Covered Entity has agreed to or is required to abide by under 45 CFR §164.522; and 11. If the Covered Entity is subject to the Red Flags Rule (found at 16 CFR §681.1 et seq.), Business Associate agrees to assist the Covered Entity in complying with its Red Flags Rule obligations by: (a) implementing policies and procedures to detect relevant Red Flags (as defined under 16 C.F.R. §681.2); (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 of identity theft; and (d) alerting the Covered Entity of any Red Flag incident (as defined by the Red Flag Rules) of which it becomes aware, the steps it has taken to mitigate any potential harm that may have occurred, and provide a report to the Covered Entity of any threat of identity theft as a result of the 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 attorney's fees and costs, whether at trial or appellate levels or otherwise, arising as a result of a breach of unsecured PHI caused by any act or omission of Business Associate or arising from any other violation of HIPAA or the HITECH Act caused by any act or omission of Business Associate. C. Permitted Uses and Disclosures by Business 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 of the Covered Entity. D. Termination The Covered Entity may terminate this Agreement if the Covered Entity determines that Business Associate has violated a material term of the Agreement. 3 Page 773 of 1276 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 , 20A9 WITNESS: APPROVED AS TO FORM AND LEGAL SUFFICIENCY WIT hf Signature e-1z1s-(7k)A- 4,tA-00-Li- u-NoTOWITMITOYRNNYT, M, V4 0 COVERED ENTITY PALM, BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: (�Ignature Nancy Bolton, County HIPAA Privacy Officer / Assistant County Administrator, Throupth Verdenia C. Baker. Count v Administrator Name and Title APPROVED AS TO TERMS AND CONDITIONS BUSINESSASSOC E Xil Public Cop5ulting01AP, lc Al Signature Name anjiltle APPROVED AS TO TERMS AND CONDITIONS By: ---- 4 Page 774 of 1276 ContractAttachment B Emergency Medical Transportation -ntegrated Disclosure and Medicaid Cost Report to EXHIBIT A, Scope of Work/Services • " 0 (22 • f w Page 775 of 1276 Attachment B Emergency Medical Transportation Integrated Disclosure and Medicaid Cost Report. AHCA State of Florida -Agency For Health Care Administration to Exhibit A, Scope of 1NorkfServices Contract No. 19-0201 emergency Medical Transportation EMERGENCY MEDICAL TRANSPORTATION INTEGRATED DISCLOSURE AND MEDICAID COST REPORT r FAI FR,a I IN FC)RMATIAN 1. Name of Hire Department] Agency. 2. Medicaid # 3. National Provider contifica tion (NPI), 4. Doing Business As (DBA): 5. Facility Business Phone: G, Fire District/Agency Street Address: 7. City: 8, Zip Code: 9. Mailing Address - Street or P.O. Box of different)- 10. City: 11, Zip Code. 12, Name of Person Signing and Certifying Report 13. Report Contact Person: 14, Phone Number: Phone Ext. 15. Mai long Address -Street or P. C Box: 16, City 17. State: Is Zip Code 19. Previous Name of Fire District/Agency if Changed Since Previous Report 20. Date of Change, 21. Does your organization use another entity to provide EMT services? 22- Date Range of EMT Service Agreement 23. Does your organization use another entity to provide billing for EMT services? 24. Are billing services paid on a Flat Rate or a Percentage. 25. Reporting Period Began. 26. NReloc iing Period Ended. 27. Net Cast of Transports For the purpose of this document, "provider' is a Publicly Owned or Operated Emergency Medical Transportation Services provider, To be Executed by Officer or Administrator of the Fire Department f Agency 1, state as follows: Public funds for services provided have been expended as necessary for Federal Financial Participation (FFP), pursuant to the requirements of Section 1903(w) of the Social Security Act and 42 C.F.R. § 433.50 et seq. for allowable costs. The expenditures claimed have not previously been, nor will be, claimed at any other time to receive Federal Funds under Medicaid or any other program. The provider acknowledges that the information is to be used for claiming Federal funds and understands that misrepresentation of information constitutes a violation of Federal and State law. The provider acknowledges that all funds expended are subject to review and audit by the Agency for Health Care Administration. The provider acknowledges and understands that the Agency for Health Care Administration must deny payments for any claim submitted if it is determined that the report is not adequately supported for purposes of Federal Financial Participation. That I am the responsible person of the subject Fire Department / Agency and am duly authorized to sign this document and that, to the best of my knowledge and information, each statement and amount in the accompanying schedules are to be true and correct. Date of Signature Name of Fire District/Agency --i" of fhc nnmrrlptari Rv' _... AMCA Form 5000-0035., .i ---d by referemc® in Ru1e59G-6.035, F.A.C.. Page 776 of 1276 I State of Florida - Agency For Health Care Administration est report to: (PPI Title: Address (Signature) AICA Emergency Medical Transportation NOTICE se be advised that submission of cost reports for items or services which were not provided are not reimbursable under the Medicaid program or claimed in violation of an agreement the State, may subject you (or your organization) to civil moray penalty assessments in accordance with Florida Statutes 456.072. CHECK FIGURE a[ Reported Expenses (Before Allocation of Expenses - From 9ch 1) 81 Reported Expenses (After Allooation of Expenses - From Sch 2 thru 5) rsnce Page 2 of 12 Page 777 of 1276 State of Honda - Agency For Health Care Administration PROVIDER COS1 RFTORT REIN/I 13 LJ RSNITNTOUT"STIONN AIRE A. Provider OrQanization and 01 fatioll L -Q- 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 has: a. Clanged oxvnership. If "yes", submit narne and address of new ovrrfer, date of change, Copy of sales agreement, Yreement, or any similar agreement affecting change z:1 of ownership. 1). Terminated participation. If "yes", list (late of termination, and reason (Niol tin tar.Y/In vol un tary). AHCA Emergency Medical ransportation Cost Report YE's INN Irl/moi. AHCAForm 5OOO-0035,..__. incorporated by reference in Ruie 59G-6,035, F,A,C,Provider questionnaire Page 3 of 22 Page 778 of 1276 State of Florida - Agency For Healtir Care Administration 1..f " y es" a I tach a I I st o f tl i e individuals, the organizations involved, and description of 1he transactions. 11ROVJDER COST REPORT REIMBURSEMEN'r OUESTIONNAIRE B. Financial Data and Reports 1, During y this cost reporting period, the financial statements are prepared by Certified.Public ACCOLIntants Or I"Liblic Accountants (submit complete copy or indicate available date) and are: a. Audited-, b. Compiled. and C, Rev] ewed . AHCA Emergency Medical Transportation Cost Report YES INN I N/A AHCA Form 5000-0035,..._.._ . ... inrorpmated by reference in Rule 59G-6,035, FAC,provider Questionnaire Page 4 of 22 Page 779 of 1276 State of Florida - Agency For Hearth Care Administration described financial statements, attach a copy of the financial statements prepared 11,,i ; and a description of the changes in accounting policies and practices if not mentioned ill those statements. I Cost report total expenses and total revenues differ from those oil the filed financial statement, ColIC11r, I If "yes", submit re I I 'it [0I). C Eill—erf"e—nc'fair Data Provider records only were used to complete the cost report'? Ifyos, attach detailed documentation of the system uses{ to support the data reported oil the cost report. If the detail doCLllllelIt,Ifi011 was previously 5,1!pplied St.-ibmil onlv---necessaly- ppdated d.o-c.Lil-ilentatioll. 1. Provider use a specific System to report claimed Medicaid d emergency transports` If yes, upon request, provide the Medical([ recipient details of the emergency transports (such as driver, nranifest, call operator logs, etc.). AHCA Emergency Medical Transportation Cost Report AHCA Form 5000-oo35,. _ incorporated by reference in Rule 59G-6.035, F.A.C.Provider Questionnaire Page 5 of 22 Page 780 of 1276 SNIII ofH-d I - ApIwy F., H1.11t h C — Ad lnnI III tali AICA SCHEDULE 1 -TOTAL EXPENSE FIre Department /Agency Name 0 Fiscal Year Ended January 0, 1900 National Provider Identification: 0 2 3 4 General Line No. Cost Center Ledger Account Total Expense MTS Expense NON -MT$ Expense Administration & General Number C0 1 5,h 6 a. "I e. Capital Related 1,00 Depreciation - Buiichngs and improvements $ 2,00 Depreciation - Leasehold Improvements 3 CQ Depreciation - Equipment . .. . ........... 400 Depreciation and Amortization - Other 5.00 Leases and Rentals 600 ­____ Property Taxes _'"' , . . ............................. ............ . .......... ...... .......... . . .. ............ .......... 700 Property Insurance . . 8()o Interest - Property, Rant, and Equipment -j- ... . . . ...... . ... . .... ............. .... .......... 400 .......... ... . . ...... . . __ '7 Other. (Specify) 1000 Other- (Specify) $ . ..... .......... . ...... $ Total Capital Rotated (Lines 1.00 thru 10. Salaries . . ........ ............ . . .. . ...... 11.00 . .... .... . Administrative Chief $ . . ........... ....... . . .. ........ --- - --- 12.00 iif­ 1�3' 06 NonMTS Salaries 1400 MTS Salaries 5-0-0 -dt-r i e(_(Specify}- — - ­­­ - 16 00 Other- (Specify) 17,00 Other- (Specify) 1800 Other- (Specify) . .. .... . ...... . . . . ...... . ...... $ Subtotal Salaries (Lines 11.00 thru 18.00) . . . . . . . .......... . Fringe Benefits . ... ......... . .... 19 00 Administrative Chief $$ 2000 Chief 21.Co Non -MTS Salaries .. . .. ..... 220o MTS Salaries 23.00 Other- (Specify) . .. ..... . . . . . ..... 24,00 Other- (Specify) 25,00 Other- (Specify) ........ .... ... ­,""', -------- 26.00 Other- (Specify) $ '.Subtotal Fringe Borollits(Lines 19.001hru 26.00) $ ..... .. .... . $ . . ...... . .... $ Total Salaries & Fringe Benefits $ Total Capital Related, Salaries, and Fringe Sonefas $ Administrative and General 2700 Administrative 2606 Legal . . . . . . . ......... .... . 29,00 Accounting 30,00 Advertising 31.00 Consulting Expenses 3200 Contracted Labor 33.00 Interest - Other 3400 Training 35,00 General Insurance 3600 w. Supplies - .. . ............. .. .. .. ­ 37�00 Bad Debt 38.00 Plant Operations and Maintenance 39,00 Housekeeping 40.00 Utilities - ------ 41.00 . . . ......... . .. .. ... .. Medical Supplies .. . . ..... ._.___.-._.-- 42,0o ­ 42 bo Minor Medical Equipment .......... . . . ........ 4300 Minor Equipment 44 00 Fines and Penalties 4500 Fleet Mamterrance 4600 Communications . .._............m,-.._ 147 00 Recruit Academy- . . . . . ........... ...... . ..... . 7" 4800 Dispatch Service ----- 49.00 Logistics ------ -------- 50,00 Postage 51 00 Dues and Subscriptions .......... ............ . . AIKA F"u" 5000 0011, rI I A C h I T.W fp-,1 r1­j,­j1d b, 10,1111­� I.� Rine '$ P'axr Got 22 Page 781 of 1276 OF Florida Ae—y 1., 11,2 It I, Cm,It AJrnlrHsi.i aI I- AI VA I mq"�' I AIKAI,,— W MIS, . .. ....... ,—p6Od [rr,d a I, MS'Km 6 Qls f A ( Szhl Pag' 7 f 22 Page 782 of 1276 , I F dda - 4,,xy F., 11,;. It I,( — AdvaainM,.f i - . . . .......... . ..... . 55,00 Other- (Specify) 5w7,00 - Other- � (Specify] 57 00 Other- (Specify) ......... ...... ............. . .. ....... . .. Total Administrative & General$ $ $ ........-..m ...... . . Total Fire District/ Agency $ Al K A AIKA Fcr ni 1kW X3 . ... .. —, 41-p—ted i, R,I, 5% 6.035, F,A.t. S, 1, 1 1.1"1 P.p 11.1)) Page 783 of 1276 A Stale oIt Ag—v F., 11- 1, 1. (— Ad AFKA r+slHrennryhi,dRZPFrans(.0 R,,ol SCHEDULE 2 - MEDICAL TRANSPORTATION' SERVICES (Ml EXPENSE Fire Department /Agency Name' 0 Fiscat Year Ended' Jarniary 0, 1900 National Provider IdentUbcalion 0 11 2 3 4 General Line No. Cost Center Ledger Account MTS Expense Allocated Direct service Cost Total Reclassifications Tota[Adjustrnerds Total MTS Ext' onse Nurnbet Fr f,,hq, i.i �,Ar c,",j 1 k, ��J, r, C. ;:,f Capital Related 1.00 Depreciation - Buildings and Improvements $ $ $ 2,00 Depreciation - Leasehold Improvements . . .. . . .. . ............ .......... ... .... . ...... ............. ..... 3.00 . .. .. ............. . ....... ... Depreciation - Equipment 4,00 Depreciation and Amortization - Other 5 0 Leases and Rentals 6.00 Property Taxes -�5r- 700 Insurance _..,._._-- 8 t70 Interest - Property, Plant, and Equipment . 900 'ther- (Specify) ............. 1000 Other -(Specify) Total CapieW Related (Lines 1,00 thru 10.00) $ $ $ Salaries — - — - --- — — - - ---- — ------------ - 11.00 Administrative Chief . . ............. . . . .......... $ . $ 12.00 Chief . . ............ ...... . ---- --- . . . .... . ....... .. ...... Nun -Nut S Salaries . ....... ----- --13.00 14.00 MTS Salaries 15,0() Other- (Specify) 16.00 Other- (Specify) 17.00 Other- (Specify) ...... .... . .. . .. . ..... 18,00 Other- (Specify) $ $ $ Subtotal Salaries (Lines 11.00 thru 18.00) $ . . ....... ....... Fringe Benefits . . . . .......... . 1900. Administrative Chief $$ 2000 Chief T�0 Non -MTS Salaries 22,00 MTS Salaries 23.00 Other- (Specify) .. . ........ ... . .. 24,00 Other- (Specify) . .... ..................................................... rify) . .. . . ............ 26.00 Otter- (Specify) w. . . .......... Subtotal Fringe Benefits (Lines 19.00thru26.00) $ $ Total Salaries & Fringe Benefits .......... $ $ $ $ TWO Capital Related, Salaries;. and Fringe Benefits $ $ $ Administrative and General 27.00 Administralliv. 2800 Legal . . . ....... 2900 Accounting 3000Advertising ­­" 3i-dd- Consulting Expenses ..... 32,00 .. . .... Contracted Labor 3300 Interest - Other 34,010 Training 35.00 General Insurance 3600 Supplies 37,00 Bad Debt 38.00 . . . .. . . ........... . . ... Plant Operations and Maintenance . ......... . .... . . . . ...... . . . ... . ........ 39 00 ......... .. ... Housekeeping .. ................ - — -- - 40-00 Uli fities 41 00 Medical Supplies 42.00 Minor Medical Equipment 4300 Minor Equipment 44100 Fines and Pena Il 45.00 Fleet Maintenance 46,00 Communications 7,00 Recruit Academy 48 00 Dispatch Service . . . ........... . . . . 49.00 Logistic-% ... . ........... -...5.0,-00 Postage . . . . . . .............. . --- 5100 Dues and Subscriptions AKAlurne 5pW W35 .... p ... Ind Ly , i,, E,i, 59G 6,035, r ki. W,MISGpo", Ng, 9 922. Page 784 of 1276 51.ure,,I Noddy-Apeocy For I1n 111,¢:a re Adrvrinixe ratbn 52 00 Other Capitan Related Costs - 53 00 Contracted Services - MTS 5d, Contracted Services - MTS Ming AFKA farm SOWM3S by v.eF. an<e ury Eu[e 59C 6 M3 f. h, k.. SO, 2 - NITS [ l—e AIKA FNIM-1 )­,paI. LRrxf 116pod Page 785 of 1276 SWI 41 Rkl,id., A8 I n,.y F., 11- 111, C.,. A AIKA I Hop - A IK A I',,, aM W35 ll—Pw a I e0li 101!,el- ul NOW, 6 66, I A(, Sc'h 2 MI & Expanse Page 786 of 1276 SW Wof 14101 M lh(­ Ad MA M'dit,d1 'W""ldlpGPd Oe F.V'r I SCHEDULE 3 - NON -MTS EXPENSE Fire Cepartent / Agency N.rn, a Fiscal Year Ended: Jam)" 0, 19m Natiwal Pivvider Mentification a 2 3 4 Goriest Ledger Allocated Direct Total Total Adjustments Total NON -MTS Expense Lim No. Cost crut., Account NON -MTS Expense Service, Costs Service Number Capital) Related 1,00 Depreciation - Buildings and [irnprovernerts ... ............ ........ $ . . . ...... . ...... .......... ......_..---------------------- 2.00 2 00 Depreciation - Leasehold Improvements ............. ................ . .. . . ........... 4.00 Depreciation and Amortization - Other -leases 5,66- and Rentals 600 ProperlyTaxes .. . .. . .... ....... . .. . . ....... 700 ............. . ...... Property lni 8.00 Interest - Property, Plant and Equipment 900 Other- (Specify) . ........... . . ... 1000 Other- (Specify) Total cayeltal' Related (limes 1.00 iffir" 10.00) . . . ....... $ $ Salaries 1100 Administrative Chief $ 12,00 Chief 3 i3.00 ' Non -MTS Salaries ........... - ­ -1 MTS Salaries . . . .... ... ... . . ....... . 15,00 ... . .. . ... ...... . .. .. .... . Other- (Specify) . ..... .. . ..... . . .... . --- --- [14.00 biher_ (Specify) . ..... . ............... 18,00 Other- (Specify) . . . ..... . Subtotal i;_1;;ies (Lines 11.00 thru itt 00) 7 Fringe Benefits . . ..... ... 1900 Administrative Chief 20-00 Chief 21,00 Non -MTS Salaries 22.00 NITS Salaries . . ......... . .... 23,00 Other- (Specify) — 24.00 25b0 Other-'(Spechy) 25,00 Other- (Specify) $ . . ......... Subtotal Fringe Benefits (Lines 19.00 thru 26.00I .......... .... .... . . ...... . .... .. Total Babies & Fringe Benefits $ $ -""" $ Administrative and General ' -W 0_0 Ad -m inistrative ----- ---- . . .......... 28.06- Legal --- --- - . ..... ---------- -- 29,00 . ...... ..... .................... . Accounting ... . ... 30,00 $Ing 3100 . . ......... .. Consulting Expenses . ... ........... . 32 00 Co'niractied LaI56ir-_ 33,00 Interest - Other . ..... .. . . .... ..... 3400 ........... ...... . . .. Training . .......... 35,00 General lreurance 36.00 Supplies 37-00 Bad: Debt 3800 Plant Operations and Maintenance 39,00 - . . ...... Housekeeping . . . ._ . . .... . ................................... ._..m.........._.... . . . .......... . 4000 Utilities 41.00 al Supplis 4200 M;__ niid&aI EqulpmLnt —43.00:o Minor Equipment .. ......----- ... 44M Rn­esan���r a-it'ies . .... ....... . —4506 Fleet Maintenance . . . . ......... . . .... ... 46.00 mrnuicaions;i Co - 47r00 m..._.... .... .. Recruit Academy . . . . ....... . 48L00 Dispatch Service . . ............. 49,00 Logistics 50,00 Postage 51.00 Dues a n pi�'O­n" s --Capital . . ............ 52,00 Other Related Costs 5300 Contracted Services - MTS 5 .00 Contracted Services - MTS Btfling .- .. . ... . . . . ..... .......... . . .......... . . .. ..... .... ��. ,00 .. . ..... ­ . . ... . ............................. . . Other- (Specify) .. . . .. .......... . . ..... . . . . . . . .............................. . . . . .. . ..... "00' .'. . . . .. .. .... ..... 57 Other- (Specify-) ........... 11_ i I ti , bra 1 S. i 11 3v,3 M., MIS bp,- Pan� 12 0 V Page 787 of 1276 51d I If 111100 - Age,] EV for HvallbC at v Atbfln4ffal— AJICA I hl"I"W fnaarspror taYium Lnn. R'p,ol -1 F, 11 r' " '--" I" �-V" ' , 6 r Y.C. 50t 3 -Nd bl" I 'p'.. p"p"' 13 .0,; Page 788 of 1276 S11 Oe I ria rideI k-,KhOieA�'riOri!Vr a wti SCHEDULE 4 -ALLOCATION OF CAPITAL RELATED AND SALARIES $, BENEFITS {CRSS} EXPENSE Fine Depidment I Agency Nae Fiscal Yea, Ended: NatrwaE provider Identiftaft. AUCA tr-p—, Rep— Capital Related Allocation Statistics; for Direct Service Cost Allocation t)escH Cion SquaeFt F Factor 1 2 3 4 5 6 0.00% General Ledger Expense to b Total Total Adjustments Net Expense to be NON -MTS Line No, Cost Center Account Apportioned R"llssificati.ns (13) Apportioned MTS Allocation Allocation Number JA) S' h Capital Related 1,00 . .... ... . Depreciation- Buildings and Improvernerts .. $ $ $ 2,00 Depreciation - Leasehold Improvements . . .. .. .. .... ..... 100 Depreciation - Equipment 4,00 Deprecation and Arnortizabon -Other 5.00 Leases and Rentals 6,00 PwipertyTaxes 7.00 Property Insurance 8.00 .—g Interest -Property, Plant, and Equiprrient oo Other- (Specify) 10067 Other- (Specify) $ Total Capital Related (Lines 1.00 Capital Related Allocation Statistics; for Direct Service Cost Allocation t)escH Cion SquaeFt F Factor MTS Square Footage 600% Non -MTS Square Footage 0,00% Total Square Feet to be Apportioned 0.00% 1 1 2 34 5 6 ii ExT Net Expense to be NON-MYS Line No. Cost Center Account Apportioned Rectass"#41'cdatlons Total Adjustments WIT. Allmcatton N umber Apporlioned Allocation Other, (Specify) 5 ubtotall Salaries ILines 11.00 thou 19.00) Fringe Benefits (Lines 19.00 thru 26 Total Salaries -— s & F'rin'qe benefits Saarles/Benefits Allocation Statistics for Direct Service Cost Allocation Description Total Hrs Factor Hours Logged for MTS Duty 0.00% Hours Logged for NON -MTS Duty 000% Total Hours to be. Apportioned ........... ... .. ... . . . .......... . ..... . .... $ $ — . . ......... . . . . W, 4 1 Rsu Page 789 of 1276 $4 tl q�flt'�mualL�h,p e'V ftir iial�lp( tn,(,CAnimNMlmum4 MICA tlri ri ��ruw OM��1vaal T�a�a+�a 4mf;�i Snv�weuogry A., A I p ', St➢44 tlf1}F,_.- r p,Iat'd 1, 1--, �, Nuala 6'Ki w 435, f.A.c 5+,), -(H56 Ng" 5'ioft] Page 790 of 1276 I,— a Illi sO F.i IA,,flfli AHCA ge,y h9edir it I. ait410(iaio, (0 1 piliout SCHEDULE 6 - ALLOCATION OF ADMINISTRATION & GENERAL Fire Deparlmentl Agency Name: 0 Fiscal Year Ended: January 0, 1900 National Provider Identification: 0 1 2 3 4 5 Cc General Lit. No. Cost center Ledger Expense to beTotalNet Expense to be NON -MTS Account Apportioned Rac 105sificauone Total Acilusurraints MTS Allocation Apportioned Allocation Number Administrative and General 27roo Administrative $ $ $ 8,00 LegaR 29.00 Accounting 30,00 Advertising 31.00 . . ... Consulting Expenses . . ....... 32 00 . Contracted Labor . . ........ ... 33.00 Interest - Other 34,00 Training bb'fiGener a i I n S urance 36 00Supplies 37.00 Bad Debt 38.00 Plant Operations and Maintenance . ............ 39.00 Housekeeping 40,00 Utilities 41.00 Medical Supplies ... ... . ... . . . 4200 Minor Medical Equipment ...... 4300 Minor Equipment 4400 Fines and Penalties 4500 Fleet Maintenance --4-6 0-0 �ffo­mrrT6n-1C-a"tjons 47.00 Recruit Academy 48.00 Dispatch Service 49..00.. Logistics 50 00 Postage . . .... 51,00 Dues and Subscriptions 52,00 Other - Capital Related Costs 5100 ContracledServines - MTS 54.00 Contracted Services - MTS Bifling --,-6-6- m otEW — --------------- r-T�Wecify) ----- . ............ .... 56 00 --S7 Other- (Specify) -(Spe-Gi-fy-)- 00 Other- Total AdmInistrative & General .. . ... . ... Selection of Airocalon -Statistic: Ariyvan aliort orthe all—lion stalikaic—lbeistoproed prior to implementation and documentation MUST be readily a—lable for review. Allocation Statistics for Admirdstination and Ge oral Expense Description Ac.—Wecl Cost of MTS Se -ices (From Sch 2. Go] 51 Accumulated Cost of NOITMTS Services (from SCh 3, Gal 5) Total Accumulated Cost of M7rS and NON -MTS Services A-111111 Elpins. $ 5 Factor 0 Cc% 001]% LOT/ S AHW1111T1 KWU W35. ------- ----- — ir, I P—I.d b41 r. rncein i 59G CM, FAC. Sit, $ -A (i lc 1, 12d Page 791 of 1276 S01 I If 1—d. Ali -IN 1., 11-14 Care Ad 4d afi— SCHEDULE 6 - RECLASSIFICATION OF EXPENSES Fire Departnerit I Agency 0 Fiscal Year Ended: January 0, 1900 Nahonal Provider Identificalion 0 ANCA M,,d:Kd I T—p— I i— C-1 Rp of AW A irlrrro ',Qaf) ro,;5, ,,,po-,d 1,� ,f ...... i, Rid, 59G-6 OM, V A C. kh 6. 11a8, 17 .12? Page 792 of 1276 INCRFASE DECREASE EXPLANATION OF ENTRY Llne Line Code Cost Center Schedule Amount Cost Center Schedule Amount Numb her N =ber 1 2 3 4 5 6 7 8 9 2 3 ................ ------ ---- .... .......... 4 5 6 T ... ... .................... s. - -- - ------- ----- — - - - - --------- - 10 . . .. . ........... ... ..... . . .......... 13 14. 15 16, . . .. .......... . .. . ....... . . 17. - . . .. .................. . . . . . ...... is. 19, . .... . . ....... ... 20, 21 ...... ... . . ....... . . 23 24. 25. . . .... ............. ... ....... . . . . ......... 26. . .... . .... — - ----- -- 27 . .. ...... ...... . . . .. ... .. . ............ 28 29 30 31 ... . .............. .. ... ... . ...... . .... ... 32 —.33. 35. ... . ... ...... . . . ........ .. ....... - --------- 36. .... .. . .. ............ 37. 38. 39 .... . — -------- 40. 41, 42. 43 44. . ..... . ........ ... 45- 46, 47 48 . .. . .. ........... 49, ... ............ ... .. ......... . . . . ... ... . .... ...... . . . .... . .... . .... .............. . 5 1 0 . . . ..................... 52, 54. 55 ... . ...... . . . .... 56. 57, ......... ....... ... . ........ — - — — — -- -------- --------- --- 58. ....... . .. .............. — 60. �Total Reclassification$ (Col. 4 & 7 must equal) AW A irlrrro ',Qaf) ro,;5, ,,,po-,d 1,� ,f ...... i, Rid, 59G-6 OM, V A C. kh 6. 11a8, 17 .12? Page 792 of 1276 State of Florida - Agency For health Care Administratunn Fire Department I Agency National Provider Identification. SCHEDULE 7 -ADJUSTMENTS TO EXPENSES 0 ARCA Emergency Medical Transportation Cost top Pscal Year Ended January 0, 1900 AHC A Form 50000035, _, in ocricorated by reference in Pule 596-6.035, F.A.C. Sch 7 - Adjustments Page 1801 22 Page 793 of 1276 Basis for Adjustment (A Amount Increase Cost Center Schedule CIR Line No. Description or B) I (Decrease) 1 2 4 5 1. 2. 3. 4. ... . ........... 7. 8. 9. 11. .... 12. ...... .. . . ............ . .. ........ . .... ............... .. ...... . . . .......... . 13 14. ....... ........ ..................... 15. 16. 17. . ......... . ......... . .... . ......... ........ - - ------- . ..... 18. 19. . ........ . .. . .... . ... ....... . ....... . . ..... . .............. 20. 21 - - 22. - --------- - - -- - 23. _............m_...._ ......... 24. ------ . . . ............. . .... 26. 27. . .. .. ... . . ... ..... .... . 28. __29."- . __ . . . .... . ...... ............. . . . ___1 I ­­­ rrl-lrl-'-'-' "I" � "I'll' 11111_ ...... .. .................... ..... ...................... - --- ----- - ---- 30. Total AHC A Form 50000035, _, in ocricorated by reference in Pule 596-6.035, F.A.C. Sch 7 - Adjustments Page 1801 22 Page 793 of 1276 So ate orrimaida Afi-,y r,, C ai V Acnlirfigra I i - SCHEDULE 0 - REVENUE f FUNDING SOURCES Fire Department fAgency: National Provider rdentification, AWA Ir,F,qc.v Wdlraf T-4-1,ifi- C" Kpcd Fiscal Year Faded: January 0, 1900 Ota 1' Qtr 2 —ClIfir 3 MEDICAID FEE FOR SERVICE (FES I REVENUE FROM TRANSPORTS July I through October I through January 1 through Aprit I through Total September 30 December 31 March 31 June 30 1. Medicaid Fee for Service -A llvlArfil F— nfl-r . f.q-40 Medicaid Fee for Service Other (Specrify) Medicaid Fee for Service Other (Specify) Total Medicaid FFS Revenue from Transports (To Sch 9, Line 13) S - S $ ............ B 2 3 4 5 OFF I Clitr 2 Chi 3 Oftr 4 OTHER MEDICAID REVENUE FROM TRANSPORTS July1through Octolnerilihrough January I through April I through Total I September 30 December 31 March 31 June 30 7. Medicaid Managed Care .-._.....-._.,_....m.-_. . ........ . ........... . .......... . 8, Medicaid Managed Care Other - (Specry)mm - 9. Medicaid Managed Care Other - (Specify) 10 Medicaid Managed Care Other - (Specify) 11 Medicaid Managed Care Other - (Speedy) 12 Medicaid Managed Care Other - (Specify) Total Other Revenue from Medicaid Managed Care Transports $ lb 1 2 3 or.m. cre—en 1. 1 scu .1— —.-- —. — I —.. Revenue IL ja+b+t: Note, ' Line I through 6 - Enter payments for FES transports received from Medicaid fis. Share of Cost, Other Heath Care, Deductibles, etc) Lines 7 through 12 - Enter Medicaid Managed Care revenue train transports Medicaid Managed Care, Medicaid Managed Care other, Other Heath Car., DedetrildeS, Etc Lines 13 through 40 - Enter other Revenues recerved and list the funding sources not identified on lines I through 12 AIK A l—,mWW 0015, ir pni, ,d w I W16031., 1 Ar( 5,1,8 R-n,... lw19.f2c. Page 794 of 1276 SIM, .1 V1.,;d. Ag -,V fx, I k-arl, I,— A P If A I ver q,nvy Wdk.l U-4.- I - C- R,pot SCHEDULE 9 - FINAL SETTLEMENT CALCULATION Eke Department IAijarcy 0 Fiscal Year Ended: January 0, 1900 N aftnal Provide, Ide,61ficati 0 Average CoAper. I MIT Service L Cost of MIS Service, (i.m Son 2) 2, Indirect Cost factor Based on MIS Services? Iplease use drop-down boxtoselect Yes " Nof No 31 If no, Please enter the total cost to be used for c. I, uhting the indirect Cost $ 4. Indirect Cost Factor Percentage (please see notes below) 000% 5, Administration & Geri Allocation from Sch 5 6. Administration & General to be Included 7 Grand Total of MIS Expense Sum lines I thru 4) 8 N.ni of MIS Transports FL Medicaid Other ianaged Care Fee for Service .. . . ..... .. .... . ... ... Qtr I July I through September 30 Qtr Z October 1 through Decernit er 31 Qtr 3 January I thirwilith March 31 City 4 Aprd I through June 30 9, Average Cost per MIS Transports (tine ?/181 10Total No. of Medicaid Fee for Service EMT Transports 11. Total Cost of Medicaid EMT Transports (Line 9 x Line 10) 12. Less Total Medicaid Revenue from Transports Tr rk h $I 13 Net Cost of Transports 14 Non federal Share Reduction 15 Net Federal Participation Amount (EMAP - 61.7W.) 3 Avetr age Const per EMT $&srlice Or, I Qtr 2 Qtr 3 M 4 Tai July 1 through October 1 through January 1 through Ini I through September 30 Clacerinber 31 Mardi 31 burse 30 C 0 a 0 0 $ (A) If the percentage -based Indirect cost factor Is elected, review SPA 15-C14, Section C, Paragraph 1.h. and sui Supporting documentation with the cost report submission. (B) in i cases, when an Indirect Cost Factor is being applied, there should be no Administration & General cost allocated. AIK A rvrm Won 0035, i—q--d IN,0—nic,in Paiv 5% 6 D kS, I.&C Sfil? hi,shS'rk ..... I ZMEM Page 795 of 1276 State of Florida -Agency For Health Care Adpr1rist rat [on SCHEDULE 1,0 - NOTES Fire Department / Agency: National Provider Identification: ARCA Emergency Medical Transportation Cost Report Fiscal Year Ended: January 0, 1900 AHCA Form 5000.0035_ incorporated by reference in Rule 59G -6.03S, P.A.C. Sch 10 - Notes Page 27. of 22 Page 796 of 1276 Stage of Florida -Agency For Health Care At9rriWstraron AHCA Emergency Medical Transportation F„last Report AHC A Form 5000-Q035, __. _., Oncorporakcd by reference in Rule 59G-6.435., F.A.C. Sch YO - Notes Page 22. of 22. Page 797 of 1276 EXHIBIT B CONTRACTOR'S PROPOSAL DATED JUNE 18, 2019 Contract No. 19-020/SS (Consisting of 145 pages) 50 Page 798 of 1276 PCG � /// 1111fi. �3ubh( Ocus �3roveiri�R','esuks,, Palm Beach County Board of County Commissioners and Fire Rescue U E j c'il -r J( "Icy N'thc d Pubhc Il X", 0 E. ''I CJ IIS/k!!! cil �:� j II II �:� it S Ii (P II IIM..IL.. . I L a ri e 1;:x, ,019 R F1 11 1, 19 0 2 O/S S 1„'11'ldy 'd`lC"1 I ,I l I I'l U, P, I ( , :Y lijr(� Dcq�i'arllvlcArlt 0 ': �oul:h Mlllhliry Ill ': fflOe 1 '10 1,1lill '1. l orld"I ", "Wl") Public Consulting Group, Inc. is an Affirmative Action/Equal Opportunity Employer. Page 799 of 1276 Letter of Transmittal i�l�i Il �I PUBLIC CONSULTING C ROLIP Page 800 of 1276 PU 131-K-' C'ONS Ll L.' . I lNG G k0UP Public Focus. Proven Results." Sandy Shea, Senior Buyer Palm Beach County �04#0 Purchasing Department JO Sollth-A1111targ T�, , 1. - mrimia'am ufflaw-Ma2�1 XWTAWWi-ll We are Leaders in National EMS Revenue Reimbursement Programs • N11!1'11 V 172,n�� 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 1 www.publicconsultingroup.com Page 801 of 1276 7=1=17_6177 June 18, 2019 Page 2 "Nsi M 01, 0 issues and responding to compliance review inquiries, we will meet and exceed the County's need for a competent and reliable voice with the administering agency of the PEMT. PCG will work with AHCA on behalf of Palm Beach to ensure a successful experience and get expedited resolution when issues or questions arise. Our Web -Based Cost Reporting "root to Facilitate Compliance 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 a cost 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 Palm Beach County. We Provide Unmatched Value -Added Services Our cost report preparation and cost settlement support will allow Palm Beach County to generate of millions of dollars for clients. We have extensive experience with Centers for Medicare and Medicaid Services (CMS) cost reporting requirements and provide clients with unmatche�fid cost reporting services. �'I'loe, W-11 ug� rt 14INIORMLy""JILSTAU 'up "gunw-mg I'm Nj 1011UNIMINIAMILARD7,M, IRENE Summary Outlined in this proposal is the background, experience and qualifications of resources, as well as the approach to IMT services that PCG will undertake to assist the County in realizing revenue as part of this opportunity. 816 Congress Ave, Suite 1110, Austin, TX I Telephone: (S 12) 407-9680 Page 802 of 1276 Ms. Sandy Shea June 18, 2019 Page 3 The principal contact to answer questions or provide additional information for this proposal will be James Dachos and can be reached as follows: James Dachos Public Consulting Group, Inc, 999 18' St., Suite 1425 Denver, CO 80202 gLa c h o,,3 Cal p f ,gq,- _com 512-287-4675 We appreciate the opportunity to assist Palm Beach County again and look forward to your review of our proposal, I / si7 � ztlb Marc Staubley Public Consulting 816 Congress Avg, Austin, TX 78701 mg4gV 1-rq. p,q--'g9'M 816 Congress Ave, Suite 1110, Austin, TX I Telephone: (512) 407-9680 Page 803 of 1276 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 804 of 1276 1. Experience / Qualification /Background /References Information Fiii PUBLIC CONSULTING C ROLIP Page 805 of 1276 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS SECTION 3.1: Experience/Qualification/Background/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 (PEMT), an established relationship with Florida's Agency for Health Care Administration (ANCA), and the experience of being the national leader in Emergency Medical Service (EMS) revenue maximization projects. We draw 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 EMS providers in program implementation and preparation of cost reports. Since the implementation of this program in 2016, with PCG supporting Florida's PEMT program, EMS providers working with us have realized more than $62 million in additional revenues. We have worked with 48 Florida EMS providers to implement the PEMT program. In working with some of the state's largest fire departments, stand-alone EMS providers, along with smaller cities, and hospital and health districts, we have realized the unique challenges and requirements that providers face 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 Public Consulting Group, Inc. Page 2 Page 806 of 1276 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 807 of 1276 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 808 of 1276 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS 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, telephone/fax 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 1 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 Alex.Morales@ocfl.net The current dollar amount of the contract is based off a contingency fee of 9% of the incremental revenues generated through the Emergency Medical Services CPE cost reporting process. June 2016 to present day. The types of services that Public Consulting Group has performed have involved cost report compilation, data analysis based on provider reported data, legislative support, and ongoing audit and compliance support. We currently have three full time employees working on this project. Public Consulting Group, Inc. Page 5 Page 809 of 1276 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS • 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 reviews of all cost settlement files, performing detailed analysis of billing reports 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 settlement. • 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 data. • 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 (ANCA) and County to further develop the supplemental payments program for both Medicaid managed care and uninsured patient transports. Public Consulting Group, Inc. Page 6 Page 810 of 1276 June 18, 2019 Reference 2 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS 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 CShannon@sunrisefl.gov The current dollar amount of the contract is based off a contingency fee of 9% of the incremental revenues generated through the Emergency Medical Services CPE cost reporting process. October 2016 to present day. The types of services that Public Consulting Group has performed have involved cost report compilation, data analysis based on provider reported data, legislative support, and ongoing audit and compliance support. We currently have three full time employees working on this project. Public Consulting Group, Inc. Page 7 Page 811 of 1276 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS • 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 are encompassed in the calculation of the final settlement, and drafting letters and providing supporting documentation to meet Medicaid requirements and expedite settlement. • 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 data. • 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 (ANCA) 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 CMS 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 8 Page 812 of 1276 June 18, 2019 Reference 3 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS 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 jgordon@psd.plantation.org The current dollar amount of the contract is based off a contingency fee of 15% of the incremental revenues generated through the Emergency Medical Services CPE cost reporting process. February 2017 until present day. The types of services that Public Consulting Group has performed have involved cost report compilation, data analysis based on provider reported data, legislative support, and ongoing audit and compliance support. We currently have three full time employees working on this project. Public Consulting Group, Inc. Page 9 Page 813 of 1276 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS • 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 reviews of all cost settlement files, performing detailed analysis of billing reports 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 settlement. • 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 data. • 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 (ANCA) 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 814 of 1276 2. Project Approach/ Understanding Information Fiii PUBLIC CONSULTING C ROLIP Page 815 of 1276 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS 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 performed 3.2.2 County resources which will be required to conduct the study 3.2.3 Timeline for performing the required services from start to completion 3.2.1 Overview of the Project Tasks to be Performed 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 other PEMT projects, but also on our process improvement analysis of our past PEMT work. 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 identified, 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 form a communication plan to establish protocols and timeframe for future status meetings based on the County's preferences. Lastly, we will provide a data request to the County to begin the process of completing the cost report. The items request will include, but not be limited to: • Provider -specific identifier numbers; • Computer Aided Dispatch (CAD) Data; • Capital Usage; Public Consulting Group, Inc. Page 11 Page 816 of 1276 June 18, 2019 • Expenditures for the provider; • Employee data; • Indirect Cost Rate Proposal (if applicable); • Provider revenue received; • Depreciation detail; and • Billing data. Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS 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 817 of 1276 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: 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 818 of 1276 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. IReview Provider Information Our web -based cost reporting tool is an invaluable resource in performing data validation in real-time, as data are collected. 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 819 of 1276 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS Figure 3.2.1: PCG's Web -Based Cast Reporting Taal. 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. PCG will communicate with the County throughout the data review 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 820 of 1276 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 821 of 1276 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. IReviiew Cost Report to Identify and Address Audit IRiislk 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 Completed Cost Report Package to A1HCA 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 A1HCA IReviiew of 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 822 of 1276 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 823 of 1276 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 824 of 1276 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS Figure 3.2.3: Proposed Project Timeline Project Kickoff and Implementation After the conclusion of the Florida fiscal year, PCG will reach out to Palm Beach County Fire Rescue to determine who the county contacts will be for the cost reporting process. Then an in-person project kickoff meeting will be scheduled to outline project expectations, specific roles, and responsibilities. For the first year of this contract, this process will occur at the end of August; however, in year two and three of this project, the expectation is that the kickoff could occur between July and August. Public Consulting Group, Inc. Page 20 Page 825 of 1276 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 826 of 1276 3. Key Personnel and Operations Information Fiii PUBLIC CONSULTING C ROLIP Page 827 of 1276 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. I C�Il;lP014 TE 0,1HREITY' cOINI'II A r,, r � �C ryr A®f warucwap GGrlk� dadanka i d.: fSYip.V1ICC PCG Office Figure 3.3.1.a Public Consulting Group, Inc. UNITED KI64isDG1M Page 22 Page 828 of 1276 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS PCG Health helps state and municipal health agencies to respond optimally to reform initiatives, restructure service delivery systems to A( ri—, v ei- '' 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. PNsidentICE0 IMkhaa8 Marotta DanjO Heaney, CFO EdwardForth, CA) Tawny Brown f1r7R7dpa) Diane Santoro d. HRO II L Mark Krnetz Go,,.,i al P Mansel Debra Clark Carp Dg, Ott-,ralio m. Richard Maguire Stephen Skinner PrirpopC7cd Figure 3.3.1.b Public Consulting Group, Inc. Page 23 Page 829 of 1276 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS 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 PEMT team includes a qualified and experienced staff of subject matter experts. All members of the PCG team have direct experience with EMS 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 to the full benefit of the Palm Beach County PEMT cost reporting services. Mr. Joseph McManus and Mr. Luke Taffuri, who worked closely on the Palm Beach County PEMT cost 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. James aachros r •K Joseph? McManus Cooper Levine Team Lead Leake Taffuri Trish Aiturn Data Lead . In the following pages, we have provided detailed staff resumes for all key staff identified in our project organizational chart. Public Consulting Group, Inc. Page 24 Page 830 of 1276 June 18, 2019 JAMES DACHOS ASSOCIATE MANAGER AT PUBLIC CONSULTING GROUP, INC. Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS 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 831 of 1276 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 832 of 1276 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 Watson Wyatt Worldwide, Newton, MA Public Consulting Group, Inc. December 2006 - Present September,2004 — May 2006 Page 27 Page 833 of 1276 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 834 of 1276 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 835 of 1276 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 836 of 1276 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 837 of 1276 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 838 of 1276 June 18, 2019 JOSEPH MCMANUS CONSULTANT AT PUBLIC CONSULTING GROUP, INC. Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS 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 839 of 1276 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 840 of 1276 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 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. September 2011 —August 2014 Page 35 Page 841 of 1276 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 842 of 1276 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 843 of 1276 June 18, 2019 LUKE TAFFURI BUSINESS ANALYST AT PUBLIC CONSULTING GROUP, INC. Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS 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 EDUCATION University of San Diego, San Diego, CA Bachelor of Accountancy, Bachelor of Finance, 2017 Public Consulting Group, Inc. July 2017 — Present Page 38 Page 844 of 1276 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 845 of 1276 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 846 of 1276 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 847 of 1276 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS 3.3.3 A description of the role of each staff member who will be responsible for handling and monitoring the Contract. James IDachos, Associate IMainageir 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 Commission, where he worked to develop the very first EMS supplemental reimbursement program in the country, and oversees cost reporting operation for over 45 EMS providers in the state; the Oklahoman Ambulance Association (OKAMA), EMS Cost Recovery Program, where he designed and administered the most appropriate, effective EMS Cost Recovery Program for providers across the state. In addition, 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 PEMT program in Palm Beach County. Alliissa INarode, Senior Consultant Ms. Narode has worked with EMS and Medicaid reimbursement for over four years. She has worked in Florida on the PEMT program since 2017. She has worked as a Team Lead where she prepared the Medicaid cost report on the behalf of numerous providers. Ms. Narode is now transitioning to the role of Project Manager for Florida EMS where she will manage the development, design, implementation, cost reporting, and ongoing administration of the PEMT program in Florida. Ms. Narode 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 EMS 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 Public Consulting Group, Inc. Page 42 Page 848 of 1276 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. 'inrush Alltuirn, (Lead Business Operations Ainallyst 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. LukeTaffuri, Business Ainallyst 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 Ainallyst 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 849 of 1276 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS will utilize his prior experience working on the PEMT Program to serve as Support Staff to assist the Team Lead to compile 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 PEMT Program. Each member included on this engagement has multiple years of experience working with FL EMS providers. PCG's focus on EMS reimbursement programs spans beyond the State of Florida, with project team members having experience in Oklahoma, 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 below for a list of the proposed project team's EMS cost reporting experience in Florida and other states. Figure 3.3.4: Every member of PCG's project team has Florida EMS cost reporting experience. Public Consulting Group, Inc. Page 44 Page 850 of 1276 4. Business Location/ Local Preference Fiii PUBLIC CONSULTING C ROLIP Page 851 of 1276 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS 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 Solicitation/Request 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. Public Consulting Group, Inc. Page 45 Page 852 of 1276 5. Commercial Non - Discrimination Fiii PUBLIC CONSULTING C ROLIP Page 853 of 1276 June 18, 2019 Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS SECTION 3.5: Commercial Non -Discrimination 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 Price Proposal Information -Appendix A of our response. Public Consulting Group, Inc. Page 46 Page 854 of 1276 6. Financial/ Business Stability i�l�i Il �I PUBLIC CONSULTING C ROLIP Page 855 of 1276 PUBLIC CONSULTING GROUP, INC. .AN.[) SUBSIDIARIES I (.'ONS(,)I,ll")A'1'1,,D FKAW A 1, STATFINI ["INTS )OFTHER WITH UNDL, AUDITOR'S RE"'PORT JUNF 30,20 18 AND A) 17 SGC Page 856 of 1276 PUBLIC CONSIXIIING GROUP, INCAND SUBSIDIARIES CONS0.111).XrED FINANC.I.A.I., STATEMEN"I'S JUNE 0, 2018 AND 201.7 'IrAble..of Contents InJepende:nt auditor's report Consolidated financial stateiinents: MWMEMIM Statements of income Statements of comprehensive ineorne Statements of changes in shareholders" equity Statements of cash. flows Notes to consolidated D 3 4. 5 6 7-8 9-24. Page 857 of 1276 Lmn)q I 11"0 � 11 h1l T � �4 � i 11 /"�, K - A, D VI IS () FR 1i IndeDendent Auditor's lzeport To the Board of Directors arid Shareholders Public Consulting Group, Inc. and Subsidiaries We have audited the accompanying consolidated financial statements of.public Consulting Group, Inc. arid 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 in shareholders' equity, and cash flows for the years then ended, arid the related notes to the consolidated financial statements. Management's Responsibility for the Consolidated Financial Statements 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 tofraud 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 ofAmerica. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether tile consolidated financial statements are ftee from material nrisstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in (he 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 making those risk assessments, tile auditor considers internal control relevant to the company's preparation arid fair presentation of the consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose or 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 signUlicant accounting estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements.. 11� 11 1!!!! 0, G U3 11 06�byII fi�t6 f9 C101111 We believe that the audit evidence we.11have obtained is sufflicient and appropriate to provide a basis .for our audit opinion - Opinion .In our opinion, the consolidatedfinancial statements refeffed. to above presentfairly, in all material respects, thefiAna ncial position of Public Consultit-ig Gyroup, Inc. and its Subsidiaries as of June 30, 2018 and 20.1.7, and tae wants of their operations and their cashfiows.for the years then ended in. accordance with accounting principles generally accepted in the United States of America, A4;111111 100�� '0 dv" "Ir Boston, Massachusetts September 28, 2018 Page 8259 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS Current assets: Cash and cash equivalents Cash .- client funds under management Accounts receivable, trade, net Prograin funds receivable, net Prepaid expenses and other current assets Current portion of notes receivable, shareholders Total current assets Equipment and improvements, net Investments in affiliates Notes receivable, shareholders, net of current portion Other assets Intangible assets, net Goodwill, net MM $ 33,765,000 215,734,000 134,364,000 20,948,000 9,114,000 1,043,000 414,968,000 2,53 1,0001 2,180,0100 17,08 1,000 12,165,„00000 $ 455,006,000 LIABILITIES AND SHAREEO LDERS'EQUITY Current liabilities: Line of credit Current portion of long-terrn debt Accounts payable Accounts payable .- client funds under management Current portion of accrued expenses Current portion of deferred revenue Total current liabilities Long-term debt, net of current portion Other loing-term liabilities Deferred revenue, net of current portion Deferred rent Deferred income taxes AMM 5MMj I= Shareholders' equity. Common stock Stock subscriptions receivable Additional pzdd-in capital Retained earnings Accumulated other comprehensive loss Non -controlling interests Total shareholders' equity $ 18,000,000 7,544,000 17,475,000 214,984,000 65,102,000 8,864,000 331,969,000 36,355,000 4,524,000 441,000 1,869,000 1,510,000 . . . ......... . . RM $ 40,842,000 65,549,000 102,530,000 9,515,000 7,343,000 541,000 226,320,000 5,657,000 1,657,000 3,004,000 1,911,000 20,390,000 10,080,000 . .......... . $ 269,019,000 4,454,000 14,231,000 65,097,000 47,283,000 8,664,000 139,729,000 42,500,000 8,077,000 299,000 l,878,000 376,668,000 192,483,000 24,792,000 (2,219,000) 1,784,000 35,986,000 (351,000) 18,346,000 78,338,000 455,006,000 21,485,000 (2,283,000) 1,637,000 41,251,000 (148,000) K594,000 .......... __ ... __ 76,536,000 ......... . ..... $ 269,019,000 The accompanying notes are an integral part of the consolidated financial statements. Page P60 of 1276 PUBLIC CONSULI'ING GROUP, INC. AND SUBSIDIARIES C'ONSOLIDA'I'ED STAT'EMENT'S OF INCOME For the years ended June 30, Ron= Operating expenses: Advertising and business promotion Amortization Bad debts and allowances Business services Contract and ternporary labor Denied clairns and allowances Depreciation Donations Employee related expenses Inf'ormation technology and communications Insurance Office expense Other employee benefits Other expenses Payroll taxes Professional fees Rent expense Retirement plans Salaries Travel Income from operations Other income (expense): Interest expense Equity in losses of of iliates Other income, net Income before income to provision Income tax provision Net income attributable to non controlling interests Net income attributable to .Public Consulting Group, Inc. and Subsidiaries N= KM ya 459,187,000 $ 380,627,000 1,762,000 8,302,000 614,000 1,933,000 69,871,000 1,400,000 3,114,000 699,000 4,240,000 �19,101,000 1,872,000 8,473,000 15,873,000 2,912,000 16,596,000 5,612,000 13,554,000 7,213,000 236,243,000 14,592,000 433,976,000 ammm (1,570,000) (551,000) 751,000 (1,370,000) Mum HWA91= 1,385,000 6,912,000 537,000 1,496,000 .55,098,000 3,424,000 3,642,000 3-53,000 4,375,000 17,681,000 2,134,000 7,386,000 12,001,000 2,585,000 13,038,000 4,800,000 12,572,000 4,693,000 192,021,000 --",--14,099,000 360,232,000 20,395,000 (1,127,000) (261,000) 1,162,000 (226,000) 20,169,000 365,000 . . . . ............... --- 19,804,000 3,752,000 2,101,000 $ 1.8,605,000 $ 17,703,000 The accompanying notes are an integral part of'the consolidatedfinancial statemen 0age 161 of 1276 PUBLIC CONSULTING ROU , IN S® AND SUBSIDIARIES CONSOLIDATED s,rATE.MENTS OF COMPREHENSIVIEINCOME nnnni nn rvrvmmmm n nnnninry rvmmmmmmmm ry nnmm�nnnmu mM.pxMmmMrl i I .Ko Ik�e yearsended June 30, 2�� 5 2017 Foreign currency translation adjustments, net of deferred income tai expense of 6,000 and $QA, respectively Comprehensive income 22,357,000 19, 804,000 (203,000) 00) 669,000 22,154,000 20,473,000 The accompanying notes are an a tq,p��Z7x��t ��th� �o�a�sa��e �t� financial statemen age 962 of 1276 PUBLIC CONSULTING GROUP, INC., AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CHANGES IHAFIE, HOLDERS'EQUITY FORTHE YEARS ENDED JUN11 30, 201. AND 2017 The accompanying notes are an integral part q ,fthe consolidatedfinancial stalements. Page 863 of 1276 6 Accumulated Stock odwr Non - Common subscriptions Additional paid. Retained cornprehensuve controlfing stock— recervabie ---L-L2LLL— .-.- - loss Total mWrests —ToW Balance, June 30, 2016 S18,1 tq,w)() $ (2,109,000) $ 1,392,000 $49,326,000 $ (H17,000) S65,91 1,000 $14,136,000 $80,047,000 Issuance of cornmon stock 2,196,000 (620,000) 1,5'76,000 1,576,000 Vesting of restricted. stock grants 940,000 (940,000) - - Repayments ofstock. subscriptions receivable 446,000 446,000 446,000 Distdbutions (M842,000) (10,842,000) (Ifi43,000) (l2,485,000) Repurchase c)f common stock (6,000) (14,936,000) (14,942,000) (H942,000) Stock based cornicensation expense f, 185,000 ll,165,0001 1,185,000 Exerc ise of cornrnmon stock options 236,000 236,000 236,000 Foreign currency trarndation aqyusttrents 669,000 669,000 669,000 Net income 17,703,000 17,703,060 2,101.000 l %804,000 ]Uance, June 30, 2017 21,485,000 (2,283,000) l �637,000 41,2`71,000 (l48,000) 61,942,000 14,594,000 76,536,000 Issuance acornmon stock 2,023,000 (575,000) 1,448,000 1,448,000 Vesting of restrietcd stock grants 1,060,000 (11,060,000) - - Repayments OfStOck subscirptions receivable 639,000 639,000 639,000 Dstributrons (7,879,000) (7,879,000) (7,879,000) Repurchase of common stock (6,000) (15,991,0101)) (15,997,000) (15,997,000) Stock based contitemation expense f,207,000 1,207,000 1,207,000 E'Xercise of common stock options, 230,000 230,000 2301000 Foreign currency translation adjustments (203,000) (203,000) (203,000) Net mncorne l 8,605,000 18,605,000 3,752,000 . . . .. . ..................... 22,357,000 Balance, June 30, 2018 $24.792,000 :P19.0010 $ 1.784,000 $35 986 000 $ Q51,000) $59.991000 StS.346,000 $78,338M0 The accompanying notes are an integral part q ,fthe consolidatedfinancial stalements. Page 863 of 1276 6 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CASUFLOWS For the years ended June 0, 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) 14'3,000 Dererred 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 (1.3,762,000) . . . . . . . . . . . . . 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 receivaWe (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) The accompanying notes are an integral part qf'the consolidatedfinancal statemen -age 964 of 1276 PUBLIC CONSULTING . R UP, :f.NC. AND SU SIDIA.> IIIFS CONSOLIDATED STATEMENTS OF CASH F.I_,O S (CONTINUED) wenmwuwwmw.wwnwwwx u � For the years ended June 30, 201 2017 Cash Tows from financing activities: Advances (repayments) on line of credit Repayments of long term debt Proceeds from issuance of common stoop Repayments of stock subscriptions receivable Distributions to shareholders Distributions to non controlling interests Repurchase case of common stock ]Proceeds from exercise of common stock options Net cash used in financing activities Not decrease in cash and cash equivalents Acquired cash and cash equivalents Effect of foreign currency on cash and cash equivalents Cash and cash equivalents, beginning g Cash and cash equivalents, ending Supplemental disclosure nnf Bash flow information: Interest expense 18,000,000 $ (10,000,000) (3,150,000) (2,577,000) 1,448,000 1,576,000 639,000 446,000 (7,879,000) (10,842,000) (1,643,000) (15,997,000) (14,942,000) 230,000 236,000 (6,709,000) (37,746,000) (7,145,000) (.31,000) 4'l 1,000 16,000 (343,000) 669,000 40,842,000 40,188,000 33,765,000 $ 40,842,000 1,498,000 594,000 S 129,000 $ 896,000 The accompanying rotes are an integral part of the consolidated f nancial statemena bge 965 of 1276 P(JBLIC CONSULTING GROt.JP, INC. AND SLJBSIDIARIES NOTESTO CONSO.I,IDA'I'ED.F'IN.ANC.[A.t., STA,rEMENTS Note I - Basis of Presentation and Description of Business Basis of Presentation The accompanying consolidated Financial statements include the accounts of.pubfic 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 G'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 IICG 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 assurriptions 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 T6 of 1276 PUBLIC CONsuETING GROUP, INC. AND W13SIDIARIES NOTESTO CONSOLIDATED FINANCIAL STA,rEMENTS Note 2 - Summary of Significant Accounting.Policies (Continued) Cash and Cash Equivalents The Company considers all highly liquid investments purchased with original maturities of three months or less or financial instruments readily convertible to cash without significant penalty, such as certificates of deposit, to be cash equivalents. The Company maintairis its cash and cash equivalents with majorfinancial 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. ClientFunds Under Management The Company's contracts with state, county, and local public agenc ' ics (collectively referred to as "Public Agency") may require the management of, collection frorn,and disbursement of, Public Agency funds to third parties. Upon entering into a contract the Company establishes a separate noninterest- bearing account ("Service Accounts") at a major financial institution to manage these funds. At certain times, including as of June 30, 2018, 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 ns'k. Amounts due to third parties are a component of accounts payable - client funds under managerrient 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 unvoiced. Accounts receivable are written off after it is evident that the collection ef.fort 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 flor 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,%67 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES,ro CONSOLIDATEDFINANCIAL STATEMENT'S 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 sollware 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. 'rhe 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 be impaired, 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 snot 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 'rhe 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 868 of 1276 11 PUBLIC CONS ULTING' GROUP, INC. AND SUBSIDIARIES No,rES TO CONSOIADA,rED FINANCIAL STATEMEN'rs Note 2 - Summary of Significant Accounting Policies (Continued) Goodwill Goodwill represents the excess of consideration transferred over the i.air 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 ofthe impairment test involves comparing the fair value of the Company with the aggregate carrying value, including goodwill, If the carrying amount exceeds it's 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 atfune 30, 2018 and 2017. .Deferred Rent .For leases that contain predetermined fixed escalations ofminimurn rent, the Company recognizes the related rent expense on a straight-line basis from the date they take possession ofthe property to the end of the initial lease term. The Company records any difference between the straight -fine 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 fblfilled in a different pattern. Performance -fused Contracts The Cq.ompany 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. 'Vime,arid. Materials, Revenue is recognized as services are rendered. Page 12 869 of 1276 PUBLIC CONSULTING Cif OUP, INC. AND SUBSIDIARIES NOTESTO 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 wLucre 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 perfbrmed 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 def-ined 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 tine 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 1.3 870 of 1276 PUBLIC CONSULTING GROUP, 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 diff"erences 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 ot'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 _–JAIM-11-000) Net assets .-.-: -.1ag-9-10.0.-_IS--A= U971M Page 14871 of 1276 PUBLIC CONSULTING GROIJ.P,.INC. AND S UBSIDIA RIES NOTESTO 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 fundsreceivable, 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. Note 3 - Business Acquisitions During the year ended June 30, 2018 the Company completed the purchase of three separate businesses through the acquisition of all their outstanding stock or substantially all of their assets and the assumption of 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 11oland., provide consulting or technology solutions to clients in the education or health sectors. The Company acquired the businesses for the following consideration- C'ash paid at closing Contingent consideration I= $ 6,832,000 $ 983,000 1,145,000 __350100Q ......... . .......... ....... : DO! 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 ofoperations have been included in the consolidated statements off 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 2 of 1276 8 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES Nuns T'o CONSOIADA,rED FINANCIAL s'rATEMENTS Note 3 - Business Acquisitions (Continued) The fair value of the assets acquired and liabilities assumed at the acquisition dates are as follows: Cash Accounts receivable Prepaid expenses Equipment and. improvements .Intangible assets Total identifiable assets acquired Accounts payable Accrued expenses Total liabilities assumed Net identifiable assets acquired (ioodwifl Net assets acquk-ed Not - Accotints lteceivable,Train de, Net Accoutits li°ade, net consists of lite, lbflowing al—kiiic 30: l3ifled (41billed Less allowance f6r doubtVal accounts W= 411,000 839,,0 00 6,000 50,0100 . ............... . =jjo� LNIf �00 2017 $ 16,000 40,000 5 �000000 1,567,000 374,000 49,000 I JW0010 X74 000 235,000 4,626,000 1,332,000 I M Q 11- ­­­_ ... I.— � 1.000 S 7 /0 ' 1$ 1,333,000 97' _00 2018 2017 133,325,000 $ 98,054,000 ........ � - 2% , M L8 2 _0( U( __--,�,,,000 136,173,000 103,937,000 __1,809 00 1.407.000 Note 5 -Program Funds Receivable,.Net Program runds receivable, net consists of the following at June 30: Funds transferred to Service Accounts Less allowance $E (12 5 �30 2018 2017 $ 28,348,000 $ 15,515,000 400 091 6,000,000 Page 8673 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONS0LIDA'I`ED FINANCIAL STATEMENTS Note 6 Notes Receivable, Shareholders Notes receivable, shareholders consists of the following at June 30: 2,018 201.7 -11 -1 - 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 defilned 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 - — b 14 -3 A01) -0 54L(M-Q Note 7 - Equipment and Improvements, Net Equipment and improvements, net consist of the following at June 300 Computers and equipment Furniture and fixtures I -easel old improvements Vehicles Less accumulated depreciation 2018 2017 1.9,949,000 $ 21,520,000 3,505,000 3,773,000 4,504,000 3,943,000 1.46.000 161000 28,104,000 29,398,000 23,$ 23,741 M0 ":f92. x11191. $ ................ 000 During the year ended June 30, 201$ 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 of 1276 PUBLIC CONSU.LTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 8 - Investments in Affiliates Investments in affiliates represent PCG Capital Partners, LLCs 49%, non -controlling investment in LobbyGuard Solutions, I....LC, as well as PCG Australia PTY LTD's 50% noti-controlling investment in Integra Choice and Control PTY I-A'D. The Company uses the equity method of accounting for these investments and evaluates the investments for impairment on an annual basis. 'rhe Company has not recognized any impairment charges to date on its investments in affiliates.. Note 9 .- Intangible Assets, Net Intangible assets, net consist of the following at June 30: . . .. . ............... -2.0.18-- ­ . - . 7 . ................ Accumulated Carrying Accumulated Carrying Cost Amortization Amount Cost Amort:17ation Amount Software technology $ 20,099,000 $ 10,062,000 $ 10,037,000 1; 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 6533000 3860000 2.393.000 4M2.000 Total intangible assets 1-17 .2—O-J21M 117,101,9.9fp. 1378.602Q,,9QQ_ 5._ 3, 78.6,000 $ ­ -------- ------ 32Q Amortization for intangible assets with finite lives for the next four years ending June 30 is expected to be as follows: 2019 2020 2021 2022 Note 10 .- Goodwill, Net Goodwill, net consists of the following at June 30: Goodwill Less accumulated amortization $ 6,610,000 5,434,000 3,038,000 117 08.1, 0.0 2018 2017 $ 1.4, 551,000 $ 11,200,000 2386000 __L_L2Q.000 080 000 Page 175 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 1. 1. - 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 loam 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: 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 IJBOR fate 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. 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. 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. I-ess current portion 2018 - - — _-- 2017 ......................... $ 43,750,000 $ 46,875,000 149000 40M0 43,899,000 46,954,000 ................7, 4 �4O 0 0 -y454,,900 k,16135 5" Page19 876 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS 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. 'Fhe proceeds received from the new term loan were used. to repay the remaining outstanding balances on the previous term loan facility and line ol'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 thePrime Rate plus a margin or at the 30 -day 1,IBOR rate plus a margin. Interest on the swing line note is charged at the Prime .Rate plus a margin. The amended terin 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, 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 and 2017 for awards granted and expected to be paid under the L,rjP amounted to $6,100,000 and $9,000,000, respectively. Payments of awards under the LTIP commenced with the quarter ending December 3.1, 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. Page2%77 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTESTO CONSOLIDATED FINANCIAL STATEMENTS Note 14 - Shareholders' Equity Common Stock 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 2.014 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, 20.118 and 2017, the Company issued 13,242 and 14,206 shares of common stock, respectively, to certain shareholders. 'rhe shares of common stock were issued in 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 thecomm. encement 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 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 l 00,000 to 105,000 shares of common stock from shareholders during the year ended June 30, 2019. The Company has not detennined 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 ofcommon 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, in 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 ofRestricted 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. Page2q78 of 1276 PUBLIC CONSULTING GROUP, SNC. AND SUBSIDIARIES NOTES TOCONS011DATED FINANCIAL STATEMENTS Note 14 .- Shareholders' Equity (Continued) 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, o.fficers and employees of the Company. J."he exercise price of.'ISOs cannot be less than the :fair market value of the Company's common stock on the date of grant. 'I"he options vest over a period determined by the :Board of Directors, generally ft ve 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 f"011ows: Outstanding at June 30, 20.17 Granted Forfeited Exercised Outstanding at June 30, 201.8 Options exercisable at June 30, 2018 Options vested or expected to vest at June 30, 2018 33,416 8,302 .....3 0321 5 — ------- .- Compensation expense related tononqualified 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 p: -MOR rate plus a margin, as defined in the Stock Notes (3.23% at June 30, 20 18). 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, 2021 Future rninimurn 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 2,219,0001 PageP of 1276 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: 2019 2020 2021 2022 2023 Thereafter Performance Bonds "I"I'i i rd 11,516,000 10,242,000 8,535,000 6,403,000 4,479,000 Related Parties 230,000 236,000 242,000 248,000 254,000 10,429000 292 . .......... - I . _1 $ 51,004,000 $ 1,502,000 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 ofthese 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 880 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES .No,rES,ro CONSOLIDA,rE.D FINAN(-,'IAI, s,rATEME.NTS Note 17 .-Retirement.plans "Ihe 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 fit ernal 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 Plaif) for all eligible employees as defined by the plan document. 'Fhe employer is required to make a pension contribution equal to 2% of the participant's eligible compensation.. The UK :Mann has an auto escalation clause, as mandated by the goveniment, stating that (,,-aiployer contributions will -automatically increase to meet federally mandated minimums during fiscal year ended June 30, 2019, Page24 881 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES .'%„ JUNE 3 0, 2017 AND 20 1611 TOGETHER ll'1HE- ER I ll H II'1D]CPENDD�`% T A l r�'�Rli" qrr%, o ✓i��yJ�jp Q� / y Vii, SO, o, i°"'t ,� lm IFF i "l fli� Ottrfr rn/Jr, woi,, IZ. Gl Page 882 of 1276 PUBLIC CONSULTING GROUP,.INC. AND SUBSIDIAMES CONSOLIDATEDFINANCIAL s,rA,TEMEN,rs JUNE 30,201.7 AND 2016 Table of Contents Independent auditors' :report 1 2 Cortsolidated financial statements: .Bala.nce sheets 3 Statements Of iD.Co m.e 4. 5 Statements of comprehensive income Statements of changes in. shareholders' equi 6 Staternents of cash flows 64 7-8 Notes to consolidated financial S 9 24 Al -'et" Ilk Page 883 of 1276 11moc 1, C', I I N i I N w!I , IA X .0,V [ S 1) H w Indgpp&gtAuditors' R ort To the Board ofDirectors and Shareholders Public Consulting Group, Inc. and Subsidiaries W -'e have audited the accompanying consolidated financial sta klll lic C onsulting Group, Inc. and its Subsidiaries, which comprise the consolidated IM I C S as of June 30, 2017 and 2016, and the related consolidated statements of incomL ;ii-ive income, changes in shareholders' equity, and cash flows for tiie years th A nd the related notes to the consolidated financial statements, Management's Responsibility for the Consolidat. '14 1 A Statements Management is responsible for the preparation statements in accordance with accounting p, America; this includes the design, impic,'Ari%, a the preparation and. fair presentati (''I material misstatement, whether due to,Jl .1Ga. . . . . . . . . Auditors' Responsibility i,on oft ese consolidated financial ,Z,nerally accepted in the United States of maintenance Of internnal control relevant to . financial statements that are free from Our responsibility is to cxpros syg g� n n on these consolidated financial statements based on our t -dzi i,)cc with auditing standards generally accepted in the audits. We conducted our �oi United States of Atnel"KIIJ 111()' I dards require that we plan and. perform the audit to obtain reasonable assurance zibo'r IncIr Elbe consolidated financial statements are free from material misstatement. An audit involves4/4 1 Aig procedures to obtain audit evidence about the amounts and disclosures in the cfinancial 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 making those 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, 1but not for the purpose of expressing an opinion on the ef. , fectiveness 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.. 11 Cu 0, (2� L' 11— uA a, (p(4l u s# f I 60� ' 6 f'' J, � ( �)��l We believe that the audit evidence we have obtained is sufficient and appropriate to provide a 1basis Bor our audit opinion. N=J In our opinion, tine 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 arid 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 116? , , I k As discussed in Note 2 to the consolidated financial staleiiwill", fixiny adopted a new accounting alternative effective July 1, 2016 which permits R" "y to amortize goodwill. prospectively. Our opinion is not rnodified with respect to Ifliklmonul ,84 Ab 0 IND, q0 1111 m1N UPI, Olt September 28, 201.7 1`11410 elb 114yaq/)", q, RFd 00 OUj ArrGr If I 'r6g, Zen Qw? 0111" , Page F5 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBS IDIA MES CONSOLIDATED BALANCE SHEETs Current assets: Cash and cash equivalents Cash .- client funds under management Accounts receivable, grade, net Program funds receivable, net Prepaid expenses and other current assets Current portion of notes receivable, shareholders Total curre MM Current liabilities: Line of credit Current portion Accounts payabl Accounts payabl Current portion 4 Current portion q Total currei Long-term debt, no Other long-term H. Deferred revenue, Deferred rent Total liabilities 192,483,21.5 Shareholders' equity: Common stock 21,484,448 Stock subscriptioris receivable (2,283,131) Additional paid -in capital 1,637,840 Retained earnings 41,251,853 Accumulated other comprehensive loss (147,909) Non -controlling interests 14,593,714 Total shareholders' equity $ 269,020,030 MM $ 40,188,348 66,612,996 98,952,749 10,430,311 7,765,598 309,800 224,259,802 6,405,656 1,544,254 2,582,750 2,051,212 24,293,460 11,198,924 . ............ $ . 272,336,058 $ 10,000,000 3,204,868 11,100,542 66,404,737 39,232,523 4,748,707 134,691,377 46,326,745 9,407,486 128,397 1,734,982 . . ............. . . .. ........ 192,288,987 18,118,788 (2,108,900) 1,392,208 49,325,702 (816,604) 14,135,877 80,047,071 The accompanying notes are an rote gralpart of the consolidatedfinanti al statements, Page �86 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES CONSOLIDATED TATE ENT Off" INCOME For the years ended June 30, 2017 2016 .......... Operating expenses: Advertising and business promotion Amortization Bad debts and allowances, net Business services Contract and temporary labor Denied claims and allowances, net Depreciation Donations Employee related expenses Impairment loss Information technology and communications Insurance Office expense Other employee benefits Other expenses Payroll taxes Prof�ssional fees Rent expense Retirement plans Salaries 'rravel Income from operations Other income (expense). Interest expense Equity in (loss) caniii Other iticome, net Loss on disposal o16 1, 6 n % 41� and improvements Income before income taxes Income taxes Net income Net income attributable to non -con trolling interests Net income attributable to Public Consulting Group,.Inc. and Subsidiaries 12,571,684 4,692,561 192,020,766 1.4,609,946 ........ . .......................................................................... - 359,394,000 $ 338,339,474 1,087,557 5,593,519 (592,963) 1,266,312 42,015,123 (900,000) 3,826,109 389,406 3,607,437 4,612,976 15,871,818 2,309,622 6,615,488 11,34.0,959 2,984,382 12,054,852 3,180,008 11,772,460 3,258,668 172,822,990 13,297,716 316,414,439 20,396,201 21,925,035 ........ . . ....... ....... . . . ........ — (1,127,098) (843,730) (260,766) 3,903 1,198,605 842,246 ) 8 ..... . . . . . . . . . ................. .....(35,847 .............. . (3 ,364). ..... - (225,106)(35,945) . . ... . ...... . ........................... . . . ...... . ......... . . RMFORM 9190M MMMEM 831,115 21,057,975 2,100,888 2,487,203 1-1111111", ............. $ .17,704,796 $ 18,570,772 =14=11 MM11=1.11 The accompanying notes are an integral part of the consolidatedfinancial statements. Page P7 of 1276 PUBLIC CONS (YUriNG GROUP, INC.AND SUBSIDIARIES CONSOLIDATED s,rA E .D . T8 OFCOMPREHE SIVE INCOME or time years ended June 30, 20.1.7 2016 Foreign currency translation adjustments Comprehensive inn mmme 19,805,684 21,057,975 668,695 (816,604) 20,474,379 $ 20,241,371 :The accompanying notes are an integral part of the consolid ted nancial statements. Page X888 of 1276 C mrd rz �All In, 41 rail IC rg C) PTO 1r) C14 W) 14D CD C= Ir It- r'- qD C.";3 CC CO ClIq 0� W.� — . . ....... a,D CC ac CYC. C'..) ir".. 41l) CD C14 V..) VD 00 0 C> w 0) �lr.> rn "ll, . .... �t r 'I" "t M F .... . . ........ cl) 4""'Y C''9 CD C14 C* C"> �3, Cr . ....... . 00 v) W.P .......r .....r 00 iA fA 00 W) C.00 C4, vi Go r-, . ....... . ....... 0�, NCD 00 It 14D "t C14 I'll 0� M, irl. t".. 011 M kn `,O W) I'D CD C� r- ON t".. 00 cc IN m m n Q,.. 00 no C� IC Ir., ... ........ N IC -D �,c r- . v.....9 cz 6 IL�0` a0^ C) . . ........ . W)" (N kr) W cl) 00 CD an �P 4 . ... ........ ll-- V N 't00 14n CD -,f C'4 00 kq M. V-"�'°W. Cy II....,„M . . ........ ^ C.5, »>. . ...... . ..... ........ C"'CD M. C� rl IN cli N tl- 00 cz C,� C5'In' rN -1, m C) In kr) ff) cc ON QU kn 00 ON C-) . . . ........ fA IN 00 00 en on 2) C� CC k 0> N e C`1ch C, M n a3 Ol OQ e�c 0 . ...... . . ata c4% 0s �GGb PAi CD C.'.) kn sera cli rq cq kri kr) 00 CD 00 ON r- rn 00 00 C) CD 'In 00 t- wn C� m rq cq 00 0� C.D An CN CD Ln 110 rn IN rl) cw N kn m 'In C14 . ...... . ...... Cq fA me CIY oe�,889 of 1276 bp g tb cl 0 o 0 4 :� 1AD — ceLY CD N 0 0 0 CD 5 (5 0 0 C., 0 CD —(j 0 0 4 gg 0 .5 0 4, 4-, 0 rca m•• 0 Tf, E.I( 0 u bfjw. td u 0 u a) V, Z3 rz r.4 En ki 7 me CIY oe�,889 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CASH FLOWS For the years ended June 30,2017 2016 ........ . .............. . ............................ .. . . . . ........ Cash flows from operating activities. Net income Adjustments to reconcile net income to net cash provided by operating activities: Amortization and depreciation Bad debts and allowances Denied claims and allowances Impairment loss Equity in loss (earnings) of affiliates Loss on disposal of equipment and improvements and intangible assets r% rA $ 19,805,684 $ 21,057,975 . ................................. — owlN 5 47 e Anne rent %%'V, , 720 Stock compensation expense %1,185,289 Changes in operating assets and liabilities: 4 Client funds under management, net %%k Accounts receivable, trade, net Program funds receivable, net Prepaid expenses and other current ,issels Other assets Accounts payable and accrued C,,,s�cfpel Deferred revenue IN I e%40' 'rotal adjustments Net cash provided by op erath AAC�'iliel� <ko� Cash flows from inng vestiaefivifies " Payments for business acqu i s,i Advances to shareholders iii 'ift okkoreceivdbk"' Repayments from sharclu, dersun er notes receivable Acquisition of equipin 'W "I'll . . . . . . 1!!!!! 'OVe I'm I I Investment in affi 14 s Proceeds from sales equi iew and improvements 11 (t%�' S C I S Acquisition of intarigi , Net cash used in investing activities (Continued) (243,702) (4,074,462) (2,508,828) 423,298 140,114 9,614,746 4,086,211 23,576,631 .................................... 43,382,315 (1,332,693) (867,506) 214,690 (3,517,985) (373,229) 600,000 (388,895) (5,665,618) 9,419,628 (592,963) (900,000) 4,612,976 (3,903) 38,364 401,759 1,035,164 50,541 (1,711,857) (518,601) (674,342) 343,957 (21,334,806) (1,289,367) (11,123,450) . ... . ....... 9,934,525 (20,858,941) (1,521,500) 123,650 (2,310,502) 28,603 (80,959) (24,619,649) ........ . ........... The accompanying notes are an integral part of'the consolidatedfinancial statements. Page 990 of 1276 PUBLIC CONsuixING GROUP, INC. AND SUBSIDIARIES CONSOLIDA,r.ED STA,rEMENT'S OF CASH FLOWS (CON,ri.NUE.D) .For the years ended June30, 201.7 2016 . ......... . . . ............. . Cash flows from financing activities® (Repayments) advances on line of credit, net $ (10,000,000) Repayments of long-term debt (2,577,249) Proceeds from long-term debt - Proceeds from issuance of common stock 1,575,679 Repayments of stock subscriptions receivable 445,769 Distributions to shareholders (10,842,257) Distributions to non-contro I ling interests(firI , %43,051� Repurchase of common stock (14 93 Proceeds from exercise of common stock options u l 3 Net cash (used in) provided by financing activities 747,173) Net decrease in cash and cash equivalents (30,476) 1% %1h Acquired cash and cash equivalents NO 10 o .Effect of foreignu cu on cash and cash eq ' v 111C. I S oft*, A Cash and cash equivalents, beginningX12,278,17$ III Cash and cash equivalents, ending 4 Supplemental disclosure of cash 11 P °njadon: Cash paid for: Sk, Interest expense Income taxes am $ 10,000,000 (2,258,681) 28,750,000 1,688,115 336,750 (9,100,812) (1,234,816) (16,267,858) 246,006 12,158,704 MIKE= Non. -cash disclosure: 009MEMME, $ 594,181 $ 371,186 895,876 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 consolidatedfinancial statements. Page P91 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIAMES NOTES TO CONSOLIDATED FINANCIAL srXrEmE.Mrs 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 ma�jority­owned 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 G's =kjority- 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 A%il[W o en-nnI i i,i g, agreements. � , 11 �, 'IN '" . Thm Flee embers hn ave o further obligation to contri bute addi 1, i o tui I iM, Icapital. Inaddition, the members' liability for any debts is limited. t 701ft" Description of the Business lip, The Company provides strategic, management and pr( e, 011sulting, administrative support services, and technology solutions to goverinnerit,110 and commercial enterprises worldwide. Public Partnerships, LLC ("PPL,"), subsidiary, is a financial. management service organization that assists s ta p, ply, aml: local public agencies and their agents implement a consumer directed service r ale Subsequent Events V 1,0e, The Company has evaluated subseqt,,ie:j eveii through September 28, 2017, the date the consolidated financial statements erg z)f , 'd d authorized for issuance by management, and determined that, except as diselwed el" n Ire have been no subsequent events that would require recognition in, or disclost I t llot','s to, the consolidated financial statements. NII cute Policies Note 2 - Summaof S ry ignifict an?i Use of Estimates low" N11 P The preparation of c( )w','i Idated itituichil statements :in conformity with accounting principles generally accepted in the -ilitec, t�mes of America requires management to make estimates and. assumptions that 11, ITIC 'c 1* ed amounts of assets and liabilities, as well as the disclosure of contingent assets ai li,,ibi tics at the date of the consolidated financial statements, and the reported amounts of r 111,04101ts 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 fear claims establishedf'or 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 F of 1276 PUBLIC CONSU.LTING GROUP, INC. AND SUBSIDIA.RIES NOT.EsTo 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 of three months or less or financial instruments readily convertible to cash without significant penalty such as certificates of deposit, to be cash equivalents. The Cornpany 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 9()0 000 at June 30, 2017. The Company has not experienced any losses in such accounts and doc's, 1,)e 'eve, it is exposed to any significant credit risk. Client Funds Under Management quite The Company's contracts with state, county, and local pul, "It"Y' "s ge, (collectively referred to as Fuge "Public Agency") may require the management of, colk" I �roj ii, and disbursement ofPublic Agency funds to third parties. Upon entering into a oaf —1, ct tIN"."onipany establishes a separate I , -age noninterest -bearing account ("Service Accounts") Z"I '-W nancial institution to manthese funds, At certain times, including as of June 30, l lie, xilatices were in excess of federally insured limits. The Company has not experiem, in ~ pan .,s from the Service Accounts and does not believe it is exposed to any significant ased i 1JiSunis due to third. parties are a component of accounts payable .- client funds un nder uill n the consolidated balance sheets. Accounts Receivable, Trade4� , I The Company carries its accounts n ,e� ) :wade at the amount invoiced or expected to 1be invoiced less an allowance for doo and couhls. The Cornpany routinely assesses the financial strength of its customers and an N; we for doubtful accounts is established based on a detailed review of the accounts ivccivable I 11'anagernejit's expectation of collecting less than full payment on the amount itivoi !M1 tin Is receivable are written off after it is evident that the collection effort has little I le of success. Recoveries of previously written off accounts receivable are recorded it (lie l) 'od received. The Company does not charge interest or require collateral on accounts as n n 'IbI Program Funds tZe I Vabi Management of Public Agency Funds 411111 To meet its co ntmclti, 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 prograrn 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 d-eniedreimbursernents ("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,�93 of 1276 PUBLIC CONSUL,rING GROUP, INC. AND SUBSIDIARIES NO,rEST0 CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Equipment and Improvements Equipment and improvements are stated at historical cosL 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 deNvIN"e'd for internal use. Significant costs associated with the development ofsol,1W,111, use are capitalized if the software is expected to have a useful life beyond one y r 0 Vonre amortized over the software's estimated useful life. Costs associated with pre,14*4,ar dave software development, maintenance, or upgrades and enhancements that do 'Cso dditional functionality are expensed as incurred. p14 II6 The Company evaluates the recoverability of its loi% T(`r1h 11 "ets, other than intangible assets and goodwill, whenever events or changes in circoinS "i""lil , it) 'icate that the carrying amount of the assets may not be recoverable. Recoverability 0'' F W is is measured by comparison of their carrying amount to the future n,ndiscounted cx,, 181W `)c assets are expected to generate over their remaining economic lives. If suchasse ., C 'IC3V (] to be impaired, the impainnen t tea The T recognized in earnings equals the arriout," ,y, w d"i die carrying value exceeds their fair value determined by either a quoted market C, )r a value determined by utilizing a discounted cash flow technique. If such assets r1 n kdred, but their useful lives have decreased, the � O'�S -eco -e �e any has not remaining net book value is 'i 'I �e the revised useful life. The Comp, recognized any impairment r a,rrp fi l!,,te on long-lived assets. Intangible Assets The Company's intangiNu% nrsist, of identifiable assets with finite lives that have been acquired through bLISi 11CS Acquired software technology, customer contracts and trademarks are amortized i ur rip &at line basis over their estimated useful. lives, Non -compete A .................... and employment agr; -line basis over the life of the contract, rtized on a straight f Amortizable hiu,itigii passu" are monitored for impairment as a result of a significant change in the utility 01 Ulu JSSCA NAJ 1AJ 1, , tum operating environment. If the asset is determined to be impaired it is written down to its estimated fair value.. No impairment loss was recognized during the year ended. June 30, 201.7. During the year ended June 30, 201.6, 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 Page1q94 of 1276 PUBLIC CONstjurING GROUP, INC. AND SUBSIDIARIES NoTES TO CONSOLIDATED FINANCIAL STATEMEN' rs 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 sirnplified impairment model to goodwill. Management has determined the estimated. useful fife 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 [VIOVV4j cclirr�.,6ig value.. When a I D triggering event occijrs,, the Companyllas the option. to first assess qwli* iv, 'Jlictoi,�s to determine Whether the quantitative impairment test is necessary. If that (Iiii, V'Veslflew indicates that it is more likely than not that goodwill is impaired., the Conwaiiy A, per ibriii the quantitative test to compare tile Company's fair value with its c,,trryiji including goodwill. If the qualitative assessment indicates that it is not likely that ()(1 1� I N; "i III jx,li red, further testing is unnecessary. 1'he goodwill impairment loss, if any, rej�)rsel ' lug excess of the carrying amount of the Company over its fair value. Management id the factors impacting its goodwill and determined that the quantitative inip" - it was not necessary as of June 30, 2017. .During the year ended June 30, 2016, the CoiTij dic hitied that a segment of its education and international reporting units would not produ - ' ILIC, profitability, and cash flows originally forecasted and that goodwill from (hes, i se nn its would not be recoverable. Management determined that the fair value of the st i 's bdffl w1 was less than mnt its carrying aouand recorded an impairment loss of $3,19 . 9S, `)r I year ended. June 30, 2016x Goodwill, net consists of the I lo, )11W June 30, 2017: CostW100111al Less �iccuinulated,�,isi)i),LIINIII"kt,,iot,r Deferred Rent For leases that cow -di (�mjlitriiiw iIed fixed escalations of minimum rent, the C ompany 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. Pagej895 of 1276 PUBLIC CNSUL'rING GROUP, INC. AND SUBSIDIARIES NO,rES,ro CONSOLIDATED FINANCIAL STA,rEMENTS 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: Fixe"(1171' rice Contracts The Company's fixed-price contracts consist primarily of contracts to provide implementation, hosting, support, and maintenance for use of ( "o�jwuiy's software. ependi rig on the JM) Revenue is generally recognized when earned, as services a�-q , nature of the underlying deliverable, the Company may recOg A 1110c, based on costs incurred using estimates of total expected contract ivv M: "Mis to be incurred or on a straight-line basis unless evidenceugg sests that th,,Venw1,11eld or obligations arekl fulfilled in a different pattern. Performance -Based Contracts The Company recognizes revenue on pia n,fon p generally occurs when services have been - performance-based contracts, this may re. increments. A� Time and Materials 'VAICC 14. Revenue is recognized as set te, -de �� 41k id contracts when earned, which milestones achieved. For certain .1c being recognized in irregular .For contracts that have in `ables, the Company evaluates these deliverables at the inception of each contract Ie is delivered. As part of this evaluation, the Company considers Whether the deli , value to a customer on a standalone basis. In situations where the delivered item Nna c. spa value to the customer, the revenue is recognized When the item is delivered. In shun llothe delivered. item does not have standalone value to the customer, the (lei i ven,,il.)les V, nuc, ',, unted for as a single unit of accounting and the revenue relating to these (Jeliven.( ,iblc 0"'Iss 1. Dized over the duration of the estimated expected. customer relationship, Which i ent has generally determined to be the term of the related. contract, O"nag I 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 tile requisite services will be provided. PageA96 of 1276 .PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTESTO 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. IncomeTaxes 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. w,jiside of the I..Jnited States, PCG has made elections to disregard these entities as separate legal cilli f fi`)Vir,,eo.riic tax purposes. No provision for federal income taxes is included in the corisolid-, 'ith"M al statements. Income tax expense is provided for foreign and state income taxes sil,id k @fit taxes are imposed 1by foreignjurisdictions and certain states. 4S �) Certain wholly-owned and majority-owned stibsididlie an anon side to be partnerships for federal and state income tax purposes. Accordingly, i rovis"Rn or benefit for income taxes is included in the consolidated financial statements su "I ab I c income or loss is reported by oto members on their individual income tax rettill, taxes are provided.for since certain localities impose local income taxes on tuiincor, Z111" (1, incsses Deferred income taxes exist for the est corrie tax consequences attributable to the cumulative temporary differences twel ol and income tax reporting. The principal differences relate to the cash methodof as lr a the recovery of equipment and improvements through depreciation and the wviortizn& ill. At June 30, 201.7 and 2016, the effect of deferred income taxes is not riiaieriI; 111 " C011,c,(,,1uenn tly has obeen t bn recorded in the consolidated financial statements. 10 N e W, njurisdictions worldwide. The Company's income tax The Company files inc returns are subject to e ati various taxing authorities. Because the application of tax laws and regulations to "n none pes of transactions is susceptible to varying interpretations, amounts reported could b, J)ari d at a later date upon final determination by taxing authorities. The Company is no 111,11, ger ��l. ,r ga. eco to examinations by tax authorities for years prior to 201.3. Foreign Currency 14%wo0' 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 arid 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 curnulative effect is reported as accumulated. other comprehensive loss on the consolidated balance sheets and consolidated statements of changes in shareholders' equity. Pageffi7 of 1276 PUBLIC CONsuurING GROUP, INC. AND SUBSIDIARIES NOTES,ro CONSOLIDATED FINANCIAL s,rA,rEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) Foreign Currency (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: Total assets Total liabilities .Fair Value of Financial Instruments 2017 2016 $ 8, 912,21.6 $ 10,848,858 _f 11L51-39-3) _(4.348025) In %NIP The Company's financial instruments include cash and ckioi 1,1 aleti ts. accounts receivable, program funds receivable, notes :receivable, accountsm jig, d liabilities, line of credit, arid long-term debt. 'rile carrying values of cash ai,ic,K, e(pdvalents, accounts receivable, program funds receivable, notes receivable, accounts paua)le., Jwk,;°ued liabilities, and line of credit approximate their respective fair values due to Laic slit) p,in maturity of these instruments, .M V a " anagement has determined that the difference tx.,� I I Nir value and the respective carrying -ed value of the Company's accrued liabilit -tvrd bt is not significant to the consolidat financial statements. Reclassifications Certain amounts conform to the current year reported net income. Note 3 - Business Acquisitions During the year ended businesses through the u,i and the assumption of c( consulting or tecluiolo1r, Nnu,,incial statements have been reclassified to reclassifications had no impact on previously 7 the Company completed the purchase of four separate )I a I I of their outstanding stock or s ubs tantially all of their assets Mies, The businesses, two of Which are based 1n bland, provide to clients in the education or health sectors. During the year eridk'RhjjjjMsR, 30, 2016 the Company completed the purchase of four separate businesses through the acquisition of all of their outstanding stock or substantially all oft eir 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 in the education or health sectors. The Company acquired the businesses.for the f011OWiDg consideration. Cash paid at closing Contingent consideration Total REM R M. 350MOO L352.420 21,3962241, Pageffl8 of 1276 PUBLIC CONSULTING GROUP, INC. AND S[JBSIDIA.RIES NOS ES CONSOLIDATED FINANCIAI, 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 arid other closing costs were expensed as incurred and included :in professional fees on [tie consolidated statements of income. 'rhe fair value of the assets acquired and liabilities assumed at 1he UH I dates are as follows: Cash Accounts receivable Prepaid expenses Equipment and iniprovernents Other assets .Intangible assets art'�� k_2017 2016 . . . . . ........ . ......... . .. . . . . . . . . . . . . . .. . ........................ 'notal identifiable assets ac ired Accounts payable fi Accrued expenses Total liabilities ung Net i cl e n t i 11 acquired Goodwill I Net aC11('11S, `�Ci"" lired Note 4 - Accounts Receivable, Trade, Net Accounts receivable, trade, net consists of the following at June 30: Billed Unbilled Less allowance for doubtful accounts $ 1,253,194 1,007,915 407,569 1.70,073 208,849 21,598,163 566 942 2464-5763 48,806 829,321. 186754 2,541087 9 2017 w 016:................- ,05 .. - ,053,489 . ................. LEL40 1,331,3 2 21,274,355 __jA31 121 896 9 2017 w 016:................- ,05 .. - ,053,489 $ 96,890,743 _51881 �21 - 3.,J 58.3641 103,936,704 1,00,049,107 L406 532 1,096358 RW L2=2� Page,T9 of 1276 PUBLIC CONSUL'rING GROUP, INC. AND SUBSIDIARIES NOTES,ro CONSOLIDATED FINANCIAI, s,rA,rEM.EN,rs Note 5 .- Program Funds Receivable, Net Program funds receivable, net consists of the following at June 30: 2017 2016 Funds transferred to Service Accounts $ 1.5,5 5,1.39 $ 13,006,311 Less allowance 6.0 1576A0 —LO -0-01=0_0 Note 6 - Notes Receivable, Shareholders Notes receivable, shareholders consists of the following at June 31 n �ti X1117 Promissory notes, in connection. with payroll taxes d oll%' grants of restricted common stock ("Restricted. Slock" be AC interest at the 30 -day LIBOR. rate plus a a , 4e(i HUN, 111 the agreements (2.29% at June 30, 2017) %vit 1 (6 and interest payments due at various times throij. i car 31, 2023. Interest is due on the last day of ;c quarter -h '()I' Lel Qt,iarterly commencing upon exectition of ( e I r " principal payments commence appi-,) It I h years from the execution date and are payable 1 11 to ) . ve years from the date of the first payment. The no, a r P sec I ed by the related shares of common stock. Less current portion Note 7 .- 1ti,'quipiijen Equipment and i, e in e n ts, Net Osamu= s, net consist of the following at June 30: Computers and equipment Furniture and fixtures Leasehold improvements Vehicles Less accumulated depreciation MM aj-Q4 -49-1 ---4-- $ Box= 20 1,7 2016 $ 21,51.9,993 $ 21,596,389 3,772,863 3,580,935 3,942,799 2,834,640 �.61. 800 1_52,050 29,397,455 28,164,014 23740376 2.1975-8.1.358 Page l"Qrno of 1276 PUBLIC CONSUL'rING GROUP, INC. AND SUBSIDIAMES NO,rES,ro CONSOLIDATED FINANCIAL s,rA,rEM.ENT S Note 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, 1.1,C's 49%, non -controlling investment in LobbyGuard Solutions, .1.1,C, as well as PCG Australia PTY LTD's 50% non -controlling investment in Integra Choice and Control PTY 1,TD. 'I'lie %,,ges Vie equity method of accounting for these investments and evaluates the investments 1 naaa lit on an. annual basis. The Company has not recognized any impairment charges to da Finvesuncii I in affiliate, Equity in (loss) earnings of affiliates and the change in. inves't 111%1 ate I'll lis, amounted to a loss of $260,766 and earnings of $3,903 for the year ended Ja(0) w 11 , . . . . . . itid 2016, respectively, Note 9 - Intangible Assets, Net Intangible assets, net consist of the following at Jr 2017 _rmm0 1 6 Accumulate Accumulated Carrying Cost )kmortiza , I no "it Cost Arnorti7ationAmoant . .......... . . ...................... . Software technology $ 20,01.6,224 $ 611111,6.%�Q ^3164,483 $ 18,809,457 $ 3,530,068 $ 15,279,389 Customer contracts and relationsh.ips 7,674,716 )19(,n5 2,933,8 1. 1 7,668,209 3,174,146 4,494,063 Other intangible assets aram�i alai with finite lives 6 V45 (n.5 4 �092160 5.795.431 1,27 !t23 __M20.008 E12— ................ . ... . ........... - . ..... Total intangible assets 3 2 2 3,097 _$_ 1,979,63 7 x 21,293,4 60 The Company wroteintangible assets with accumulated amortization. of $8,014 during the year end The Company wrote off $628 of intangible assets with no accumulated ajnord''mj!:n�l I' year ended June 30, 20160 Amortization for intangible assets with finite lives for the next five years ending June 30 and thereafter is expected to 1be as follows: 2018 $ 6,200,569 2019 5,356,680 2020 4,179,230 2021 2,251,083 2022 1,884,367 Thereafter . . . . ............. 518,52.511 Z%320J-54 Pageir Qnj of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES No,rES TO CONSOLIDATED FINANCIAL STATEMEN"I'S 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 term 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 oll,%Ilidip principal and any accrued and unpaid interest are due. N The lbank also issues letters of credit on behalf of the Corrilx,i d .11"c do t i o I wi th certain financial agreements. The letters of credit are subject to the overall c 11i, JiI Gltcrs of credit outstanding amounted to $1.00,126 and $100,880 at June 30, 2017 ani espectively. Note 11 .- Long -Term Debt . ........ . . . "191 N Long-terrn debt consists of the following at Jtjtl:::,, NO The Company has a $50,000,000 te loo, I itI see Note 10) which is payable in quarterly pri ci i ii ii ms escalating frorn $625,000 to $1,875,000 coni ,11iici g 011 "Mamb, 31, 2016 through December 1, 2020at time all outstanding principal (approximately $26 , 875J; hid any accrued and unpaid interest are due. Pa� hats rest at the 30 -day LIBOR. rate plus a intu'p, $41 in the agreement (2.29% at June 30, 2017) are due dij,ar(er Ohrotigdi maturity. Obligations under 1 s c,1jj1YrZ'i1 lease agreements payable in monthly insuilln,wilit If a 1, J'A , X i III dil e ly $1,700 including interest otigh June 2018. The obligation is at approximately 1, secured by the related. equipment. Obligation under master capital lease agreement payable in monthly :installments of approximately $7,000 including interest at 2.90% through April 2018. 17he obligation is secured by the related equipment, Less current portion 2017 2016 $ 46,875,000 $ 49,375,000 M 500 00- $ Page0- Qn2 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES'ro CONSOLIDATEDFINANCIAL STATEMEN,rs Note 1.1 .- Long-"Temm Debt (Continued) Principal payments due on long-term. debt through maturity 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 Note 12 - Incentive Compensation Plan During the year ended June 30, 201.2, PPL established a 1mV*u,,4eii I mecrfliv(',, Plan ("LTIP") for certain employees based on PPL's performance. Awards u r �4 P are granted by the Board of Directors at their discretion. Generally, an employee aVC, MR' right to receive payment for all or any part of their award until (i) the fifth anniv �,I (ii) separation `rorn service as a result of death or disability, or (iii) a charij,"e, All co, .(.)L Notwithstanding the preceding provisions, the awards generally vest over a loul--, r,vllll igxink-ss, otherwise detennined by the Board of Directors. Once entitled to receive amount isp aid equally over twelve quarterly installments. The aggregate liability at June 30, 20.1.7 an tine TIP amounted to $8,999,604 and LTIP commenced with the quarter e ni of accrued expenses includes $3,11 01 twelve months. The balance of fl' � Vi " ') expenses, net of current portion. Nb,"! MRSOM MIM Common Stock 016" r�I'Warils granted and expected to be paid under ards under the (14Z respectively. Payments of aw, SL Qcber 31, 2016� At June 30, 2017, current portion " pM1t,'1.'1P award payments to The made within the next award liability is reported as a component of accrued At June 30 2017 N ".7'All. has authorized 3,000,000 shares of commn w ostock ith no par value of w�ich 2.; t0 00 ar'llVserved for issuance upon the exercise of stock options under the Company's 2014 Sto", tive Plan. At June 30, 201.7 and. 2016, the aggregate number of shares of common stock issued and outstanding are 1,945,1. 12 and 2,012,334, respectively. During the years ended June 30, 201.7 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 in exchange for a combination of cash proceeds and stock subscriptions receivable (see Note 14). Page 903 of 1276 20 ]PATI LIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTESTO CONSOLIDATED FINANCIAL s,rA,r.EMENTS Note 13 - Shareholders' Equity (Continued) Common Stock (Continued) In accordance with the shareholders' agreement as amended July 1, 20.14, the Company begins repurchasing shares of common stock from a shareholder during the calendar year quarter the shareholder turns age 600 t.Jnder certain circumstances, the Company may elect to defer its obligation to repurchase the shares of common stock or change the con. imecce ment 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 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 lx�ipg repurchased. 41S% The Company repurchased 96,923 and 105,693 shares of comMO wck shareholders during the years ended June 30, 2017 and 201.6, respectively. The C(nw p to repurchase i, �g approximately 105,000 to o 1.1.0,000 shares of commn stod , vent �ircholdei-s durinthe year ended June 30, 2018. The Company has not determinkv ed 41"1 r 11 exercise its right to defer the repurchase of any of these shares. The Company also repurchased 2,618 and 7,123 sl,�ar IS, 110ii stock from shareholders during the years ended. June 30, 2017 and 2016, respi in !xchange for a cashless exercise of nonqualified stock options. Subsequent to June 30,2017,tae Company 1 "71 shares of common stock, including 7,856 shares of Restricted Stock, and gran 11011, alified stock options to certain shareholders of the Company. 1. nr �Is I No Restricted Stock 4 During the years ended June 30,' id 2016, the ompany issued 8,025 arid 8,817 shares of Restricted Stock, resp ill C1�0, over a five-year period from the grant date. A.11 Restricted Stock which led in accordance with the forfeiture rights are to be immediately forfeited y upon a shareholder's termination of employment, if R. an event occurs. Aso 17 and 2016, non -vested shares of Restricted Stock amounted to 26,559 and 35,006, . 1"'he fair value of the Restricted Stock on the grant date is amortized as coinpc I`1011 cnsc on a straight-line basis over the lapsing forfeiture period. Compensation rcla I d to the grant of theRestricted Stock was $1,059,720 and $939,657, respectively, for the y I ded June 30, 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. I.Jnder the terms of the Plan, incentive stock options ("ISC)s") may be granted to officers arid employees and nonqualified stock options and Restricted Stock may be granted to directors, consultants, officers and employees oftbe 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 tae Board of Directors, generally five years, and expire no more than seven years from the date of grant. As of June 30, 2017 and 2016, the Company has not granted anylSOs under the Plan. Page21 904 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES Nons,ro CONSOLIDATED FINANCIAL s,rA.TE MENTS Note 13 .- Shareholders' Equity (Continued) Stock Options (Continued) Nonqualified stock option activity under the Plan during the year ended June 30, 2017 is as follows: Outstanding at June 30, 2016 Outstanding at June 30, 2017 Options exercisable at June 30, 2017 Options vested or expected to vest at June 3 Compensation expense related to nonqualified years ended June 30, 2017 and 201.6, respectiN,t Note 1.4 .- Stock Subscriptions Rec In. connection with the issuance of Company enters into stock stibsci-up, The Stock Notes bear interest at 44C Notes (2.29% at June 30, 201). I)NI calendar quarter Stock Notes mature at vflliQol' u"11 Future minimum 1); years ending June 3 I 10,518 --9,820 was $125,569 and. $95,507, for the 1i )c 1c to certain shareholders (see Note 13), the piantes Nceivdble ("Stock Notes") with the shareholders. ,day LIBOR. rate plus a margin, as defined in the Stock OM1 and. interest payments are due on the last day of each �iarter subsequent to the execution of the agreement. nie Llgll June 30, 2021, I stock subscriptions receivdble under various notes for the PagetQn5 of 1276 T PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES,ro 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. Tlie 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 leasesrequire 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 Asne 30, 2017 and 2016, respectively. Future minimum annual base rents under the non -cancellable leas Tell S for the years ending Ame 30 are as follows: 1'hird Related Parties Parties 2018 9,895,194 $ 224,622 2019 9,432,658 230,241 2020 oe7,899,901 235,971 2021 6,286,015 241,810 2022 40 ?1 4,323,896 247,759 Thereafter 11,004,260 545351 Performance Bonds The Company, as a condition for en1 !�,b Thsi (o some of its contracts, had outstanding surety bonds 4,4 as of June 30, 2016 and. 201T aient believes that the probability of default is remote. Contingencies From time to time, the 0" M11 'niy be involved in legal actions arising in the ordinary course of business. Each o se n nn ers is subject to various uncertainties, and it is possible that some of these matters nnnnn kne nes( ved unfavorably, 17he Company establishes accruals for losses that management deerns t n anlna1ble 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. Page 21- Qn6 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES Nam TO CONSOLIDA,rE.D.F.INANCIAL srATEMEN,rs Note 1.6 .- Retirement Plans 1'he 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 ("DPST'). 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 "(J.K. Plan") for all eligible employees as defined by the plan document. The employer is 1 1 r(.(Vto make a pension contribution equal to 1% of the participant's eligible conif"Ierl's, �tq)A) [� Plan has an auto escalation clause, as mandated by the govemment, stating "t1l, , 't5yei- contributions will automatically increase to meet federally mandated ftlillill'MMA iril fiscal years ended. June 30, 2018 and June 30, 2019. 40 PageA07 of 1276 %i "I"K" CONSULTING GROUP INC. N 1) SUBSIDIARIES %! ri a 2015 T t( ° � i l" a ' i i,r —Ofla "N' AU DYFORS'9 RUM' � 4/01 4/0 �'/1- t1N`'jjjjjj �yii D/ 0rm/m/0�//// Page 908 of 1276 PUBLIC ("'ONSITLTING GROtJP,.FNC. AND SUBSIDIARIES CO.NS0.1.11.1)A"r.E.1).FIN A.NCIA.1, STA,r.EMENTS Independent auditors' repart Can.solidate( am== JUNE 30,2016AND 20 .5 Table of Contents Notes to 3 4 5 6 7-8 9 24 Page 909 of 1276 DI C I c`i,-(,"o w G t � Lh,/l 14111, 6!"I'l 111 ',() 61,1 PA, SPIVI, III 11 CERT111FVIED PURI (I ACCOUNTAINI'S AND WJSINIESS ADVISORS Professional Excellence On A Personal i evell" Independent Auditors' ReiDort To the Board of Directors and Shareholders Public ConsUldC q), nc. and Subsidiaries V `10101/011// 00001 10 o , OF 'OFF IF jeiii We have ail ted the N�e ovjp,,,,iijyjiig consolidated financial statements of Public Consulting Group, Inc. h] '4111. IV11, C! , ries, which comprise the consolidated balance sheets as of June 30, 201.6 and 20 onsolidated statements of income, comprehensive income, J, c (1 c VI changes in sh,,.:ireho1d(, "wll, a,,iiid cash flows for the years then ended, and the related notes to the consolidated liwi MF N i'd P, j z dlklrm S�a anagement's Responsib lifilty fo 1 ''fie A j4g I inancial Statements .Management is responsible for P r)r( and. fair presentation of these consolidated W 11, "Y" C V, les generally accepted in the United � ff financial statements in accordance �*fi (Y 11111131 e 0 States ofAmerica.; this includes the de "TIN, p"JOI-) lati o ii, and maintenance of internal control relevarit to the preparation and fair pi'esej (.11 #Qlidcaed financial statements that are free from material miss tate.ment, whether dine to l""'; ofivl; "i �(i fl, A pp// � FIF IN I/ In f uditors' Responsibi/m/s,ility w"RiPf M d:, M L Our responsibility is to express an opinion on these co'nsolic ici.,il statements based on W Yr our audits. We conducted our audits in accordance with,,iud geiierdly accepted in y the United States of America, Those standards require th 1 1101 1 i'vai the audit to 411/1111/1/1:1) V!,g§1"i K J) C Two 5 e obtain reasonable assurance about whettier the consolidate 11its are fay from material misstatement. � An audit involves performing procedures to obtain audit evidence aliblimoo "T ic amounts and disclosures in the consolidated financial statements. 'rhe procedures selc&d 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 making those 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. 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, 2016 and 201.5, 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, ir��X, aollO 's, September 20,16/, as M, N, VV F "M �ppgp/ g i0110001 v ORV Mh FOOM /ii ME` V11" Page T 1 of 1276 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 95,89$,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 ofnolcs receivable, shareholders 309,800 236,250 Total C I S 2ii7,2�9,802 194,545,097 Equipment a, in prow, ents, net 6,405,656 7,743,585 Investment id flifiale 1,544,254 1,540,351 Notes receiv nil) 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 1.1,198,924 14,272,941 272,336,058 231,172,302 L 1 A B I L ITI Is 1,1)ERS' EQUITY Current liabilities: Line of credit 1.0'000,000 $ 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 0 0, 404,737 40,436,458 , I Current portion of accrued expenses 1003 51,119,814 Current portion of deferred revenue o*' 6,135,982 Total current liabilities '',)9 7 115,807,983 .Long-term debt, net of current portion 20,098,012 Deferred revenue, net of current portion 0;00` 30,489 Accrued expenses, net of current portion 9,4 10,799,444 Deferred rent 1,7 1,333,223 Total. liabilities1.92,288,987 148,069,151 ... . ...... 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-control.ling interests .14,135,877 12,883,490 Total shareholders' equity 80,047,07.1 83,103,151. 272,336,058 $ 231,172,302 The accompaqying notes are an integral part of the consoli(latedfinancial statements. Page 912 of 1276 PUBIAC CONsui;rING GROUP,INC. AND SUBSIDIARIES CONSOLIDA, rED s,rA,rEMENTS OF INCOME —2015 For the years ended June 30, 201 --.. . . ................. . . ...... . . . ............................................................ . . . .. ....... . ........... .. .... . . ...................................... . . . . ......... . . ....................................... . ....... ................. ft9mm= Operating expenses: Advertising and business promotion Amortization .Bad debts and allowances Business services Contract and temporary labor Denied chdais, ow',inces Deprec,ik,flic-, Employee ated expenses Impairment R I Information wchno and Imununications Insurance Of expense Other employee benefits Other expenses Payroll taxes 00" Professional fees X 1111 Rent expense Retirement plans Salaries Travel Income from operations Other income (expense): Interest expense Equity in earnings of affiliate Other income, net Loss on disposal of equipment and improvements and intangible assets Income before income taxes Income taxes Net income Net income attributable to non -controlling interests Net income attributable to Public Consulting Group, Inc. and Subsidiaries S 338,339,474$ 341,479,939 . . . . . ................ . . . .. . . . . 1,109,11.8 531,485 5,593,519 2,786,546 (334,163) 379,540 1,266,31.2 975,493 41,993,562 56,383,485 (900,000) (1,603,523) 3,826,109 3,930,180 389,406 311,739 3,607,437 2,659,397 4,612,976 4,713,960 15,871,818 14,680,191 2,309,622 2,149,161 6,615,488 6,245,393 11,340,959 9,777,370 2,984,382 1,401,126 12,054,852 11,111,210 2,921,208 12,470,671 11,772,460 9,974,574 3,258,668 3,280,734 172,822,990 166,127,324 13,297,71613,111,197 —39 e. 321,397,253 0,082,686 2 . ................................................... "13 ,nr4R (380,825) 84 1,165,853 (38,3 (14,260) (35,945) 770,768 21,889,090 20,853,454 831,115 426,278 21,057,975 20,427,176 2,487,203 4,025,763 18,570,772$ 16,401,413 ... ....... . . The accompanying notes are an integral part of the consolidatedfinancial state en age �1 3 of 1276 PUBLIC CONSUL,rING GROUP, INC. AND SUBSIDIARIES CONSOLIDATED s,rA,rEMENT'S OF COMPREHENSIVE INCOME .For the years ended June To, 2016 2015 Net, nncome 21,057,975 $ 20,427,176 .Foreign currency translation adjustment (816,604) Comprehensive income 20,241,371 $ 20,427,176 �=� ........ ... II lit '00�0 0 00, 400 The accompanying notes are an intep ralpart of the consolidatedfinancial statements. Page 5914 of 1276 fD cl) 00 C") N CN "D P — kn 4, 4, "t, C.D 11" 61 n T.11.1 — V, 1110 601, . . ...... I'D CX) Gdi C.D �,c M C-� WA cs Cj+ v�b, ir-.." rq r,� OS co Ie�, r-.- (1) rl,a �D fD cl) 00 C") N CN "D P — kn n 0 c. -Y �Z ;�, N �n "t, �,c C.-;, q` CD n T.11.1 — V, 1110 a> . . ...... I'D CX) C.D �,c M C-� Cj+ v�b, ir-.." rq r,� OS co Ie�, r-.- (1) rl,a �D cl) �,6 W.�, — i- W.� C`14 kn cl 00 md:, a 111. fl) r,�, C,!, c.,� r,4 00 CD clq rn On — CD 110 ':3 00 (U Orl CD C-) c> f4 1110 U u 1C.'D c� M C"w 110 W IL- CD �n N vj 0 d) c> fAn. 14) M 00 cli C114 C�,% cl,� ",O c� cl 00 I 11, �10 �O C.D �t c C14 t.. M S .9.� E, t 110 . „.......9 CD rjv IV") It N t CN Ike) lk"... CD C� — 00 VID `D C.D t".. M cD \n 141 cll " A 11, VD — V... W N 00 cli 111, Clq VD M N cz> Cl 00 All lv� 4W Do lw"u 0 4 C) 0 WA V1 F 0 u P5 to Z3 Ell) 0 a u 0 u 9b 0 rj ca v� C.- ^.D W. N kn CO W� C.D 0 VqC^C (N C."., VO rq Vk Wn cq 0.1l IN W fA dna awn rq C14 C�) CD a N C" ':3 (U CD C-) c> f4 1110 U u 1C.'D c� M C"w 110 W IL- CD �n N vj 0 d) c> 0 J4, ':3 (U u U u Cha C"w WA �n 1A vj 0 d) c> 0 E t, S .9.� E, t E-31 r:::, CD —4, S 'Al E 0 0 0 0 0 4 C) 0 WA V1 F 0 u P5 to Z3 0 a u 0 u 9b 0 rj ca v� g, �:3 r.�, 0 1-5 of 1276 0, �4 ro P. 'A ..... . > P.l� ..... . n — PUBLIC CONSULTING GROUP, IN(,. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CASH FLOWS For the years ended June 30, Cash flows from operating activities: Net income Adjustments to reconcile net income to net cash provided by operating activities: Depreciation and amortization Bad debts and allowances Denied claims and allowances hnf)airtnell I . 1,oss on, 1, postal of uipment and il provcon ci and intangible assets Equity in S Deferred rent Stock col'nliensal Changes in olieraii bilities: 1 Client funli4 ds under rO Accounts receivable, Iron Program funds receivablo Prepaid expenses and other ctill !'-00yo Other assets Accounts payable and accrued Deferred revenue Total adjustments Net cash provided by operating activities Cash flows from investing activities: Payments for business acquisitions Contingent consideration payments on acquisitions Advances to shareholders under notes receivable Repayments from shareholders under notes receivable Acquisition of equipment and improvements Proceeds from sales of equipment and improvements Acquisition of intarngible assets Net cash used in investing activities (Continued) N= 2015 $ 21,057,975 $ 20,427,176 ... . ........ . . ............ . . . . . ........... . -.- 38,364 (3,903) 401,759 ?.035.164-- 28,603 (80,959) (24,619,649) . .......... . .... .. . ...... . ......... . 6,716,726 379,540 (1,603,523) 4,713,960 EM 162,620 894,738 (17,417,638) 2,112,547 (796,270) (580,757) 11,921,745 -- 2,583,207 9,101,155 29,528,331 (219,018) (250,000) 10 (590,000) 71,900 (2,631,917) (135,661) . ..... ... . ........ . ....... — (3,754,696) . . . . . . . . ......... . ..... The accompanying notes are an integral part ofhe consolidated fin ancial statements, Page, 16 of 1276 P­UBI,IC CONSULTING GROUP, INC. AND SUBSIDIARIES CONSOL.IDA,rED STATEMENTS OF CASH FLOWS (CON'rINUED) For the years ended June 30, 2016 2015 Cash flows from financing activities: Advances on line of credit Repayments of long-term debt Proceeds from long-term debt Proceeds from issuance of common stock Repayments of stock subscriptions receivable Distributions to shareholders Distributions 1' arolling interests 1�CjV1`C1K1Se C011111101, tocl< Proceeds 1r n exercis, I'common stock options Net eas 1(( used in) financing activities Net (decrease) inerei, III C, " A 1 11,41 cash equivalents Cft Acquired cash and cash eq alen Effect of foreign currency on cash C. ts 1,1 1 11 Cash and cash equivalents, beginning ENEM ME= I 2,244,647 239,850 (5,815,934) (1,694,479) (11,224,335) 375,092 (16,866,903) 42,278,1.7833,371,446 ..... . .... Cash and cash equivalents, ending 41;1,395,519 $ 42,278,178 Supplemental disclosure of cash flow informati MMMFM= Interest expense RIMMMEM Non-cash disclosure: 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, nancial statement �'age P17 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTESTO CONSOLIDATED FINANCIAL STATEMENTS No 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 inqjjority-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 subsid'a organized as limited liability companies and will continue in perpetuity until they M- S , sol and their affairs are wound up in accordance with the operating agreements, ' c�, nt c in b ",11 have no further obligation to contribute additional amounts of capital. .In addition, 1, ineiribea s liability for any debts is limited. Description of the ,13ann as The Company provi maiuqmaicnt and process consulting, administrative support services, andtcclmo imental agencies and commercial enterprises T subsidiary, is a financial worldwide. Public Par iier a maj ority-owned management service Org"AfflVA110 ate, county, and local public agencies and their agents implement a cot !C11 odel. Subsequent Events The Company has evaluated subseqoei'r ev September 20, 2016, the date the consolidated financial statements were a-.) 5 lana 6zed for issuance by management, and determined that, except as disclosed bereii , been no subsequent events that would require recognition in, or disclosure in the notes to hiLlic sq*,,l,atcd financial statements. Note 2 - Summary of Significant Accounting Pollicics4r' 401, Use of Estimates The preparation of consolidated financial statements in c( irig principles generally accepted in the United. States of America requires gkw�ttes and -ions that affect tie amounts of assets arid 1i es ISCIOSHIV Of assumptions biliti I contingent assets and liabilities at the date of the consolidated 141, ents, and the reported amounts of revenues and expenses during the reporting; per caiit estimates and assumptions are used for, but not limited to, the allowance .. r dotibtfal 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 918 of 1276 9 PUBLIC CONSUL,rING GROUP, INC. AND SUBSIDIARIES NOTESTO CONSOLIDA.,rE.D 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 of three 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") tip 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, `V,sured, amounted to approximately $2,200,000 at June 30, 2016. The Company hal iced any losses in accounts such and does not believe it is exposed to any sigiiific'l Client.Funds' T%lo 10 Iw urn The Corripany's conn- s, unty, and local public agencies (collectively referred to as "Tublic Agency") iiv,req agement of, collection from, and disbursement ofPublic Agency funds to third unmlng into a contract the Company establishes a separate noninterest-bearing,iccot iii at a major financial institution to manage these funds. At certain times, inchldili 2016, the balances were in excess of federally insured limits. The Company In ' u1( d any losses from the Service Accounts and does not believe it is exposed to any its Amounts due to third. parties are a component of accounts payable U, "Mcinageinent on the consolidated 1balance sheets. Accounts Receivable, 'r ads The Company carries its accounts receivable, (r ic invoed less an alto wante for doubtful accounts. strength of its customers and an allowance for! detailed review of the accounts receivable and in riliage iiie rIt" full payment on the amu ont invoiced. Accounts recei I vable "®re ) the collection effort has little on r o chance of su1SAC ccess. f(ll accounts receivable are recorded in the period received. Th( or require collateral on accounts receivable. ouw invoiced or expected to be un .unc�ly assesses the financial un lished based on a collecting less than after it is evident that raam llwvioes ', 1, c[ianw interest Program Funds Receivable / Management of Public Agency Funds ' ,, 010, 1 IF At times, the Company advances funds to the Service Accounts for distxirseineiit 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 rete* as a result of denied reimbursements ("'Denied Claim§"). The Company' establishes an allowance for the Denied Claims it estimates will riot 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 aresult, revisions to the allowance may be required and are recorded in the period determined. The C ompany 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 919 of 1276 10 PLJBLIC CONsuur.ING GROUP, INC. AND SUBSIDIARIES Nam TO CONSOLIDATED FINANCIAL s,rATEMENTs Note 2 .- Summary of Significant Accounting Policies (Continued) Equipment and.linprove ments 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 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. Y Y The Comptui, p internal use i accm America. Srp ific,'Irl capitalized if over the sOffivare"s development, rriaiio functionality are cx'j:,, eligible costs associated with software developed or obtained for with accounting principles generally accepted in the United States of � associated with the development of software for internal use are pecud to have a useful life beyond one year and are amortized art useful life. Costs associated with preliminary stage software Wfn'ades and enhancements that do not result in additional The Company evaluates ( ' 1-ic, rec#1 I . ! S long-lived assets, other than intangible assets and goodwill, whenever events circuinslarices indicate that the carrying amount of the assets may not be recoverables e assets is measured by comparison of their carrying amount to the fut ms the assets are expected to generate over their remaining economic livIe's...... SU sidered to be impaired, the impairment to be recognized in earnings equals tlae 11 a 1 the carrying value exceeds their fair value determined by either a quoted market , n or a value determined by utilizing a discounted cash flow technique. If such asset, .e}, is irr uwu°c,d, but their useful lives have decreased, the remaining net book value is recovcr V wcl useful life. The Company has not recognized any impairment charges to date on lr N i v c „ Intangible Assets The Company's intangible assets consist of identifiable I s that have been acquired through business acquisitions, Acquired software techil '�i 1 1, C h iiLc �its and. trademarks are arn.ortized. on a straight-line basis over their eslim,,�t ups m -compete and employment agreements are amortized on a straight-line basis tile contract. Amortizable intangible assets are monitored for impairment as a result o ifictint change in the utility of the asset or in the operating environment. If the asset is d eten i i ded to be :impaired it is written down to its es timated. :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 920 of 1276 PUBLIC CONsijurING GROUP,INC. AND SUBSIDIAMES NOTES TO CONSOLIDATED FINANCIAL STA,rEMENTS Note 2 - Summary of Significant Accounting Policies (Continued) .Intangible Assets (Continued) During the year ended June 30, 2015, the Coinpany 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 the excess of consideration transferred over the flair value of the net tangible and identified i . . . . . . ..... l., - assets acquired in connection with a business acquisition. Management evaluates goi, i I I or i po i nawnt when circumstances suggest that the carrying value may not be i-ccoverab Minarunt first assesses qualitative factors to determine whether the existence of events or altiistlu,ices leads to a conclusion that it is more likely than not that the fair value of a reporting 'I. , it less than its carrying amount for determining whether it is necessary to perform I airment test. The first step of the impairment test involves comparing the fair \ aanM lu n )plicablc reporting unit with the aggregate carrying value, including goodwill. I amount of its reporting unit exceeds its fair value, management performs tln cont( an impairment test to deterinine the amount of irripairmenot loss which involves I INIX :! I M th- fair value of (lie affected reporting unit s goodwill with the carrying �anluaa During the year ended June 30, 2016, e ii,iiiied that a segment of its education and international reporting units would r 1 1 evenue, profitability, and cash flows originally forecasted and that go mhvill gtneilts would not be recoverable. Management determined that the fair value 's goodwill was less than its carrying ,amount and recorded animpairment loss of 1 '.3 the year ended June 30, 2016. During the year ended. June 30, 2015, the Coirnpa " 4 -let, 1hal a segment of its education reporting unit would not produce the revenue, profitabi nslli I Des originally forecasted and that goodwill from this segment would not be recoo-rabat ni determined that the MAIT, fair value of the segment's goodwill was less than '1 111 (MI11"il and recorded an impairment loss of $4,062,293 for the year ended June 30, 2015 Deferred Rent For leases that contain predetermined fixed escalations of ii it c Company recognizes the related rent expense on a straight-line basis :from the date 'y , a e possession of the property to the end of the initial lease term. The Company records Bann ifl6vrice between the s traight-litie :rent amounts and amounts payable as a deterred rent liability. Page1.2 921 of 1276 PUBLIC CONSULTING GROUP,.IN`C.AN.D SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL sTA,rEMENTS Note 2 .- Summary ofSignificanot 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 deterrmnable, 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: ]Ncd-lljicc M The (,.orj "I - s " 'C(I-price contracts consist prirriarily of contracts to provide i rIlplerller vicarl, hos 11,g, support, and maintenance for use of the Cornpany's software. Revenue geueral ly recognized when earned, as services are provided. Depending on the nature g deliverable, the Company may recognize revenue based on I costs incurred tes of total expected contract revenue and costs to be incurred or on a straigli rd is � evidence suggests that the revenue earned or obligations A are fulfilled in 1111ajlce-lkiscd ("Ontrad 'rhe Company recognizes rfiTel , generally occurs when sendc2l! performance- based. contracts, this increments. Time and Materials Revenue is recognized as services are reiulere iice-hased contracts when carried, which ided, or milestones achieved. For certain being recognized in irregular For contracts that have multiple deliverables, the e -e deliverables at the inception of each contract and as each item is delivered As ation, the Company considers whether the delivered item has value to a custorrie , o e basis. In situations where the delivered item has standalone value to the ic(tmonie nized when the item is delivered.. In situations where the delivered item c value to the customer, the deliverables are accounted for as a single u it of al 10 e revenue relating to these deliverables is recognized over the duration o.f the esti I customer relationship, which management has generally determined to be the term 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.322 of 1276 PUBLIC CONSUL,rING GROUP, INC. AND SUBSIDIARIES NOTESTo CONSOLIDATED FINANCIAL sTA,rEMENTS Note 2 - Summary of Significant Accounting.policies (Continued) Advertising and Business Promotion 'I'lic 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 of7tine incorne or loss in their individtla ule tax returns. For its subsidiaries organized outside ofthe tAlited States, PCG has iliac , ecAl', to disregard these entities as separate legal entities for income tax purposes. N, prcivisiot for federal income taxes is included in the consolidated financial statements. I Monie tax xpcjLse is provided for foreign and state income taxes since income taxes are imr,)OI, , IbiminaJurisdictions and. certain states. Certain wholly-mvi-Al and apc federal and state incon 1) included in the consolidate ' fla J � the members on their h1diV'R]'UaW' localities on unmineor°orated lours ty-owned subsidiaries are considered to be partnerships for .1 1Accordingly, no provision or benefit forincome taxes is 3 s 11� t its since the taxable income or loss is reported by Deferred income taxes exist for the esofit 1`1 cumulative temporary differences bet\veL111, differences relate to the cash ii'iediod improvements through depreciation allu ULAu 11 2015, the effect of deferred income taxes is not in the consolidated financial statements. Income taxes are provided for since certain income taxes. tax consequences attributable to the and income tax reporting. The principal I ),(the recovery of' equipment and of goodwill. At June 30, 2016 and � �nn: Lo,)nscquently has riot been recorded The Company files income tax returns in jurisdictionsOp"de W (#mpany's income tax :returns are subject to examination by the various taxing Mor inose the application of tax laws and regulations to many types of transactions is st,rscwc til, o ng interpretations, amounts reported could be changed at a later date upon final dltctfert I bN rnyiunlrc � il i I horii ties. The Company is no longer subject to examinations by tax authorities fu YCE", , Hgo 2012. Foreign Currency 1111 F The assets and liabilities of the Company's foreign subsidiaries are tiansk,,,ae( 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. I'lic 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 accurnulated other compreherisiVe loss on the consolidated balance sheets and consolidated statements of changes in shareholders' equity. Prior to July 1, 201.5, 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. Page,F of 1276 PIJBLIC CONsuurING GROU P,.INC. AND SUBSIDIARIES Nar.Es,ro CONSOLIDATEDFINANCIAL s'rATEMEN,rs Note 2 - Summary of Significant Accounting.Policies (Continued) 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: 201.6 __......20.x:.5. $ 10,848,858 $ 5,516,911 I-3 �48 0 9 (107� 3 9 ... ....... ........... Fair Valueo i )is 'file Company's i,its include cash and. cash equivalents, accounts receivable, program fi ''Civable, accounts payable, accrued liabilities, line of credit, and long-tealli UCKAo ash and cash equivalents, accounts receivable, program funds receiv counts payable, accrued liabilities, and line of credit approximate t eir respe urs due to the short-term maturity of these instruments. Marna g- et fuss 1 1, the difference between the fair value and. the respective carrying value of the 011,11 pecrtied liabilities and long-term debt is not - significant to the consolidated fiii,,it (11 11 IM Reclassifications 'IRI Certain amounts in the prior year consolkh'il uhf µ4 statements have 1been reclassified to conform to the current year presentation. These cl "I. ic, knis had no impact On previously reported net income. Note 3 - Business Acquisitions During the year ended June 30, 2016 the Company coinplet , it tly separate businesses through the acquisition of all of their outstanding sla1111 '1,���utltl t I I of their assets and the assumption of certain liabilities, The businesses, two o In in Poland and one of which is based. in the United Kingdom, provide consulting lutions to clients in the education. or health sectors. The Company acquired the f°aursirna S Isar tfnefollowing consideration: Cash paid at closing $ 20,043,821 Contingent consideration 1.352.420 Total 2LIM:Z4.1 M= .......... MUMM; Page15 924 of 1276 PURLIC CONsurrING GROUP, INC. AND SUBSIDIARIES NO,rES,ro coNSOLID ATED FINANCIAL STA,rEMENTS 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 incurred and hic) � i i professional fees on the consolidated statements of income, The Jair vat of the acquired and liabilities assumed at the acquisition roll s: 00,ON141 cmll, $ 1,253,194 Acc(ni s, rec, ,111 trade 1,007,915 Preix,tid S 407,569 Equipment i in a ne 170,073 Other assets Intangible assets .Iota! identif1ibletissctl 'll C 208,849 2L598,163 .......... _24,645,76.3 Accounts payable 829,321 Accrued expenses 2,542,087 Total liabilities assumed Net identifiable assets acquired WIMMAM Net assets acquired During the year ended June 30, 2015, the Company recorded a iiict in the amount of $250,000 for one of its previous acquisitions. adj ustment increased goodwill and contingent consideration. Mll, I le 4"' eilod adjustment The period Page,F of 1276 PUBLIC CONwurING GROUP, INC. AND SUBSIDIARIES NOTES,ro CONSOLIDA,r.E.D FINANCIAL STA,rEM.EN,rs Note 4 .- Accounts Receivable, rrade, Net Accounts receivable, trade, net consists of the following at June 30: Billed I.Jnbilled 1,ess allowance for douibtful accounts bpi Note 5 - Pro Receivable, Net Prograrn funds r(XVI'VI 1 le, In poasists of the followinn gat June 30: 1111JAM6,", Funds transferred to L,ess allowance Note 6 - Notes Receivable, Shareholders Notes receivable, shareholders consists of the 1'61 Promissory notes, in connection with payroll taxes mvedlt)iri grants of restricted common stock ("Restricted Stock"), bc,,,iring 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 110te. 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. Less current portion 2015 M S,95M.8..J 4. ........... .. ..... ;;;;;;;;; —.111.11,11-1-2011111115 .. .. .. ............ - S 2,892,5510 $ 1,494,700 Page,9?6 of 1276 PUBLIC CONSULTING GROUP,INC. AND SUBSIDIARIES Nar.EsTo CONSOLIDATED FINANCIAL STATEMENT'S Note 7 - Equipment and Improvements, Net Equipment and improvements, net consist of the following at June 30: . 2 ...... 016 2015 .... Computers and equipment $ 21,596,389 $ 20,038,185 Furniture and fixtures 3,580,935 3,362,842 1,easehold improvements 2,834,640 2,572,588 Vehicles 1.52.05Q 28,164,014 25,973,615 I.essa, i1i la, dcpi'c6,ati()ii 217-58.358 --j&23.0'A'3-0' US 1=12 Mqwk Computers and eqijip ht iii ide internally developed software in the amount of $818,640 as of June 30, 2016 and 20 The Company abandoned, Ired, i(I dsed of equipment and imp rovernents with a cost basis of $364,120 and accitrn'ajk M "j, " n of $297,781 during the year ended June 30, 2016. The Cornpany itba, 1`0 1 disposed of equipment and improvements with a q6jA joto of $159,810 during the year ended June 30, cost basis of $174,070 and. acctantf ed Note 8 - Investment in Affiliate Investment in affiliate represents.PCG Capital I'l.,iels' in LobbyGuard Solutions, 11,C. The Cornpan3 Ns"O", investment and evaluates the investment for itnpaij.-ntler not recognized any impairment charges to date on its i i of affiliate and the change in the investment in affiliate 2016. Note 9 .- Intangible Assets, Net Intangible assets, net consist of the following at June 30: 49%, non -controlling investment nethod of accounting for this 11)x&&%ask The Company has Equity in earnings year ended June 30, Page 197 of 1276 20162015 . . . . . . .... ............................... ............ . .. ................. Accumulated rry Caing Accumulated Carrying Cost Amortization Amount Cost Amortization. — ---------- I ........ . ... Amount . .. .. .. .. .. ..................... . ........................ . .. Software technology S 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 4,494,063 9,269,019 3,618,809 5,650,210 Other intangible assets with finite lives 57-95-431 1 27 q 23 . ..........2 ........2.2...2. .0......3.....2 ..............................1... 94.........I2....6...... .1 Total intangible assetsj J- -7 4,2. -_O $-1jqL Z� $ =j Page 197 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NOTES TO CONSOLIDA,rED FINANCIAL STA TEMEN'rs Note 9 .- Intangible Assets, Net (Continued) ne 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 Juile 30, 2015. Amortization for intangible assets with finite lives or the next five years ending June 30 is expected to be as follows: 2017 201S Note 10 .- Line of 'File Company has a ciN'%W5q 10 term loan facility (E amended and restated to incrc.is, and tile term loan facility from"' by substantially all the assets of covenants common to such aw-ce I I a bank which consists of a revolving line of credit and a yr� ctr ended June 30, 20 16, the credit facility was IV] #Jine of credit from $15,000,000 to $35,000,000 11 ,()()' (:)� $50,000,000. The credit facility is collateralized 'iZ'1111v,Aj)d iiicludes certain administrative and financial Advances under the revolving line of cred'14 LIBOR rate plus a margin, as defined in tile line of credit matures on December 1, 2018. The bank also issues letters of credit on behalf of lhp)"C financial agreements. The letters of credit are subject to the outstanding amounted to $100,880 and $104,078 at Juno 30.' Note 1.1 .- Long -Term Debt .Long-term debt consists of the following at June 30: ,ind and bear interest at the 30 --day at June 30, 2016). "rhe revolving The Company has a $50,000,000 term loan facility (see Note 10) 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 30, 2016) are due quarterly through maturity. Prior to the amended and restated credit facility, the term loan was payable in quarterly principal installments escalating from $312,500 to $937,500. °oimecfiori with certain i,finn it. Letters of credit 1, 5, respectively. Un $ 49,375,000 $ 22,812,500 Page 198 of 1276 PUBLIC CONSUL,rING GROUP, INC. AND SUBSIDIARIES NOT.Es,ro coNSOLIDATEDFINANCIAL STA,rEM.EN,rs Note 11..- Long -Term Debt (Continued) 2 01 6 2015 . . . .......... ...... Obligations under Polish capital lease agreements payable inn n monthly installments of approximately $1,700 in interest at approximately 1.60% through June 2018. The obligation is secured by the related equipment. 58,601 $ Obligation under master capital lease agreement payable in monthly installments of approximately $7,000 including interest at 2.901 ,(') I " I " April 2018. The obligation is secured / 1 by the related [pniM1 I Less current tlion Principal payments d follows: I .Not 12 .- Incentive . . . ....... ...... 49, 531,61.3 22,966,350 3204868 2A868,3113181 During the year ended June 30, 201.2, PPL established a k -i6ve plan ("LI P fear r certain employees 1based on PPL's performance. Awards granted by the Board of Directors at their discretion. Generally, an einj to receive payment for all or any part of their award until (i) the............ ........... ......... kiiwai-d, (H) separation from service as a result of death or disability, or -,e in control. Notwithstanding the preceding provisions, the awards generally v OLW-YCIAl' period unless otherwise determined by the Board of.Directors, Once entitled ta7 I a,ervc payment, the amount is paid equally over twelve quarterly installments. Ihe aggregate liability at June 30, 2016 and 2015 for awards granted and expected to be paid under the L,riP amounted to $8,1.03,641 and $6,574,211, respectively. Payments of award under the 1,111 will canna menco 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. Page929 of 1276 20 PUBLIC CONSULrING GROUP,INC. AND SUBSIDIARIES Nar.Es,ro CONSOLIDATED FINANCIAL srATZMENTS Note 1.3 - Shareholders' Equity Common Stock At June 30, 2016, the Company has authorized 3,000,000 shares of can on 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 of common stock issued and outstanding are 2,012,334 and 2,080,057, respectively. During the years ended June 30, 2016 and 201.5, the Company issued 15,338 and 24,385 shares of common stock, respectively, to certain shareholders° ne shares of common stock were issued in exchange for,'i inlation of cash proceeds and stock subscriptions receivable (see Note 14), In aiecordanc vith the avehotilcrs' agreement as amended. July 1, 201.4, the Company begins Itif-CS Of c. initrimi stock from a shareholder during the calendar year quarter the shareholder I t i Aden certain circumstances, the Company may elect to defer its obligation to repurch,,,,paver°of co on stock or change the commencement date of the repurchaseii stock are repurchased ratably over a five-year or ten-year period depending on ed by the shareholder on the date tile shareholder reaches age 60. Th s determined under a :formula defined in the shareholders' agreement ,ri,)d 'I :for each year the common stock is being repurchased, The Company repurchased 105,693 " during the years ended June 30, 2016 '1 1 repurchase approximately 105,000 to 135,4; 3.5, CM the year ended June 30, 2017.. The Company to defer tile repurchase of any of these shares. The Company also repurchased 7,123 and � during the years ended June 30, 2016 and 201 of nonqualified stock options. Subsequent to June 30, 2016, the Company 8,025 shares of Restricted Stock, and. gran shareholders of tile Company. .areholders pectin g to [ers during se its right areholders 3s exercise including to certain Additional Paid. -In 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. Page21 930 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES Nar.Es,ro CONSOLII)XrED FINANCIAL s,rA,r.EMEN,rs Note 1.3 - Shareholders' Equity (Continued) Restricted Stock During the years ended June 30, 2016 and 2015, the Company issued 8,817 and 13,272 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, 2016 and 201.5, non -vested shares of.R.estricted Stock amounted to 28,586 and 29,871, respectively. 'rhe 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 erelated. to the grant of the Restricted Stock was $939,657 and $809,588, respaeetively, B ic ye f ended June 30, 2016 and 2015. Stock 01)(10 On No ve rnbe I Cornpany established the 2014 Stock Incentive Plan (the "Plan") aif)ersede,(] tli which s , )04 Plan. Under the terms of the Plan, in stock options ("ISOs") may be Restricted Stock Company. The exercise priqpl, I common stock on the date of i_,u Directors, generally five years, N June 30, 201.6 and. 2015, the C0111 Nonqualified stock �follows: Outstanding at June 30, 2015 Outstanding at June 30, 2016 and employees and nonqualified stock options and directors, consultants, of and employees of the u-, �)e less than the fair market value of the Company's "Itl #i vest over a period determined by the Board of lt, 41 Le i ,acirc than m seven years fro(fie date of grant. As of e totAu, ii,ted aiii ISOs under the Plan. Options exercisable at June 30, 2016 year ended June Options vested or expected to vest at June 30, 2016 x , 32,989 Using a fair value -based. recognition model the Company determined that the equity -based compensation for the stock options issued during the years ended June 30, 2016 and 2015 was not material to the consolidated financial statements. Page 931 of 1276 22 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES No,rES,ro CONSOLIDATED FINANCIAL s,rAT.EMEN,rs Note 1.4 .2 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 Jurte 30, 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 through December 31, 2020. Future ininimum payments flor total years ending Jtau, 1,L, as follows: 2017 2018 2019 2020 2021 stock subscriptions receivable under various notes for the $ 653,900 553,000 583,000 286,500 . ... .......... Note 15 - Commitments and Con '' gel, Lease Commitments The Company conducts its operations fi its locations throughout tine I.Jnited. States, Canada, Poland, and the lJnited King Burn uruNMrny leases its facilities under non - cancellable operating leases, including leases w rtain shareholders of the Company, which expire at various times dirot, any terms that can be extended at the Company's option. In addition t ofthe leases require the reimbursement for operating expenses and real estate taxes ai+tun related parties for rent amounted to $2,514,951 and $2,285,497 for the ycx, c 30, 2016 and 2015, respectively. Future minimum annual base rents under the non -cancellable ending June 30 are as follows: 2017 2018 2019 2020 2021 Thereafter $ 7,538,059 7,051,193 6,330,275 4,759,580 2,556,264 $ 2,397,477 2,444,622 2,491,866 2,539,221 2,56ygg,6qq 10 3 Page23 932 of 1276 PUBLIC CONSULTING GROUP, INC. AND SUBSIDIARIES NO,rES,ro CONSOIADA,r.ED FINANCIAL s,rA,r.EMEN,rs 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 (flat 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. 'rhe establishes accruals for liquidated damages that management deems to be robabla 51 �)je, lo reasonable estimate. Liquidated damages that n are of probable but pe —' reasorldbly p s b I c, o r , ))able but cannot be estimated, if determinable and material would. be disclosed, Ll idItCd considered remote are not disclosed. Note 16 - ltcfiremerllff f ^WMS The Company spotisJAMOMI Sharing Plan ("Retirement Plan") which covers all eligible I.J.S. employees. C the Retirement Plan are at the discretion of the Board of Directors, but imum allowable deduction permitted under the Internal Revenue Code ibutio.n. Canadian employees are covered under a Registered Retiremerd * 11,12 S]'") and a Deferred Profit Sharing Plan ("DPSP"). Employer contributio s to 'the discretion of the Board of Directors, but may not exceed a maximum of $8,000 the agreement. ON Page 933 of 1276 24. 7. Price Proposal Information -Appendix A Fiii PUBLIC CONSULTING C ROLIP Page 934 of 1276 I� pull ��141 r� 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. 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 RFP. 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 Ina ion Certification- Check the box(es), as applicable, as required by Section 3.5 COMMERCIAL NOWDISCRI IN TION [Proposer hereby certifies that the information in Section 3.5 is true and correct " °7e best of the Proposer"s knowledge. Por Proposer has attached to its proposal any legal/administrative proceeding mation. no Page 935 of 1276 NZ APIRE11411DIX A ii is F111ROiii OSA111 PAGES 1RFP IMO. 19 020/SS NMM� ge lProposer certifies that there are no legaUadministrative proceedings required discllosed. INote: Failure to certify and submit the required information, if applicable, shafll deem your proposall non responsuve. 11IMPOR"rAINT: FAILUIRIE "ro SUIBIMII"T"rHIESIE IPA GIES, INCLUDING All L REQUIRED III NFORIMA"nOIN AND SIGINATURIES, NN,,,L IBIS CAUSE FOR -11MIMIEDIA"rIE REJEUTION" OF "U' HI IEiwnlRE IPROPOSAI RIESPONSIE. INAME (PRIN"r), IMarc SNaulbley "n"rL.IE: Healith lPractice Area Director COMPANY: PuNic Consulfing Group, 11nc.. II IRI1 . 816 Congress Ave, Sufte 1110 ADESS Cll'TY/STATE/ZllP: Austin, 'T'X'78'701 W41 SIG NATU RIE::"I: w Page 936 of 1276 8. Business Information - Appendix B i�l�i Il �I PUBLIC CONSULTING C ROLIP Page 937 of 1276 APPENDIX BUSINESS INF:ORMATION Full Legal Name of Entity:_PubliicConsuiting Group, Inc �.__.g (ExactEy as it is to appear on the CentracklAgreement) ntlt y Address: 816 Congress Ave, Suite 1110, Austin, TX 78701 ._...WWW......WWW......_...................._............ _ ._......�.... ......... ._.... .� Telephone Plumber: (®512m� 407-9680 Form of Entity: Corporation Limited Liability Company C l Partnership, General C l Partnership, Limited Joint Venture C l Sole Proprietorship Federal l.D, Number, 04-2942913 Fax Dumber: (_612 407-9249 (1) if l:"roposer 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 No [ ] If yes to the above, as of ghat 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, it will r gN ter with the State of Florida prior to the e'ffec'tive date of the co�ntrac o ith Pala' peach C unty, NAME (PRINT): Marc StaUble TITLE: Health Practice Arca Director COMPANY: Public Consulting Group, Inc. Page 938 of 1276 9. Amendments to the RFP i�l�i Il �I PUBLIC CONSULTING C ROLIP Page 939 of 1276 D 71E ° aJune 10, 2018 P«.Munni Beach County il,:Iurchasiilng Departrnent 0 South Mipitary Trail, Suite '110, West Beach, FL 3341 P.li::, P Now 19­020/SS ifieu Florida Certified Public ExpeiniditUre Rico rarn foie° III:::°goner ernoy Ill e 'u alV Trairisporfafiorr (PEMT) d") Request fori :Proposal Due Il:::aate: June 18, 2019 This Amendi-nent is issued to provide additional inforrruuatoon and ciarificat.ion too the RFP docunrr ent: X. Quesfions receive �firom Pu tic Consullfing Group and t,,,.ire Rescue's respornsesa Q1. True/F'alse: The vendor is expected to prepare anrnruai roost ireports on behalf of the Cou_rnty to obtain fede4 reirnnbUrsemen't? .1_ Trane, Section 4, cope of Services 4,5, Attachment 6 is the Emergency Medical Transportation integrated Disclosure and medicaid Cost Report, r ne fippatrle form its provided as a separate attachment on the PUrchasing Department's website: ip p Agfa f yssp otsnpa rrn t�� r Wn ...,tf�y f �fp.p �f �AftSe[f eryigap Q, 21, rru,re/ aise. ...1["he veridor is expected to a tipi e a vveb.based systern to conduct corrnprrehens'ive pre -cost report sunburn scion compliance reviews'? .' , Neither Tirue rnor False, The vendor just ineeds to provide the Emergency Medical t..irar%portatiwi Integrated [Nsciosiure and Medicaid CCost Report, fulled out as required by ACHA so the County receives its fedi revenue potential. Q. 'True/False, "rhe vendor is expected to assist the County nMth ra pre-,payr hent and post., payment state compliance review process'" A.3. True. `The County does expect tene vendor to assi,~st the County w th the pre -payment and postpayment, State c nnplliarnce riaview process. Section 4, Scope of Work, 4.12 and 4,1 applies. Q,4. 'f`rue/Faise: The vendor is expected to provide support. to the County in the event of a fm,: deiral audit to justify and demonstrate reasonableness of Medicapd reirnnbu,.nrse nent? .4. True., The Cpourrky expects support at any anwndit Revel, IFederal arndfor Mate, on any AHC A or, Centers for N eftare and Medicaid Services (CMS). Sectior4, Scope of Work, 4.12 applies. Q. , t..lrue/False; `rhe COUnty is seeking to (partner with a vendor who can demonstrate Medicaid related experience in thestate of Florida? Page 940 of 1276 All ENIDIMIENT NO., I to RFP No. 19-020ISS Page 2 of 2 A 5 True. 'The County is seeking a vendor that is familiar with the P Prograrn in the State of F"lorida, Section 4, Scope 4.3 and 4.4 applies, 0.6 l'rue/False: The County is seeking to partner with a vendor who has experience cornpiling cost reports on behalf of EMS providers? &6 True. -rhe County is seeking a vendor who has experience compiling the Emergency IMedical l"ransportation lritegirated Disclosure and Medicaid Cost Deport. Section 4, Scope 4.3, 4.4, 4.5, 4.6 and 43 apply. Q.T 'rrue/False: "'rhe County is seeking to partner with a vendor who offers a proven web - based EMS cost reporting solution? A.7, Feather True nor False, The vendor just needs t(.-) provide the Emergency Medical Transportation lntegrated Disclosure and Medicaid Cost Deport filled. out as required by ACl--IA so the County receives its full revenue poteritial. .6. is the vendor expected to have worked with the Florida Fire Chiefs Association (FFGA) and the Agency for i lealth Care Administration (AIdCA) in the development and continued implernentation of the l::�Iorida Managed Care reirnt)ursement prograrn? &8, 'rhe 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 IMedical Transportation Integrated Disclosure and Medicaid Cost Report filled out, as required by ACIIIA, so the County receives its full revenue potential., .All changes addressed in this Annendment No, I shall be incorporated into Rli:"P No, 19-020ISS and the final contract. AH other terms and conditions of the RFI::' remain the saryie and unchanged, NOTE. Please acknowledge ireceipt of this Airnendment No,, I by sigining lbelow and returning tWs (page with your Proposal IResponse. i:::."ach Amendment to the RIFP shall be signed by ain authorized agent and snub rni-tted with the proposal or the proposal shaill be deemed noin responsive. . ............ . . I0, n n a Page�, Py'r,""has ng Manager ACKNOWLEDGMENT: COMPANY INAME -11-111111L� A DATE - 2 Page 941 of 1276 10. Additional Information i�l�i Il �I PUBLIC CONSULTING C ROLIP Page 942 of 1276 June 18, 2019 SECTION 3.10: Additional Information Palm Beach County Florida Certified Public Expenditure Program for Emergency Medical Transportation (PEMT) RFP #19-020/SS 3.10Information 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 943 of 1276 FIRST AMENDMENT TO CONTRACT FOR FLORIDA CERTIFIED PUBLIC EXPENDITURE PROGRAM FOR EMERGENCY MEDICAL TRANSPORTATION (PEM'T) (Contract No. 19-020/SS) THIS FIRST AMENDMENT, dated wwt2020, to Contract No. 19-020/SS, dated August 20, 2419, 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 016 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 "Contract 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; on 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 944 of 1276 (MCO) portion. The CONTRACTOR will bill the COUNTY on an "as needed basis" when PEM:T 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. K Page 945 of 1276 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 III, 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 946 of 1276 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. WIXNESS Skjnbture [ I. IA/ Name (typeorprint) Signature) Name (type or print) APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY:0J�., IWAIXA County Attorney V PALM BEACH COUNTY, FLORIDA FOR ITS BOARD OF COUNTY COMMISSIONERS BY KATHLEEN M. SCARLETT DIRECTOR OF PURCHASING Kathleen M. Scaritt, bireictor CONTRACTOR: Public Consulting G Company Na BY: Slanature Ell Marc Staubley Typed Name Health Practice Area Director Title Page 947 of 1276 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 ANCA,. 61 Page 948 of 1276 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 PEIVIT 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 secure connection in accordance with HIPAA. 9. If the completed CPE cost report is rejected by ANCA, 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 AHICA 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. I. Page 949 of 1276 M Consent Agenda 9/22/2022 Requested Action by Commission: Proposed Resolution No. R22-134 - Approve and authorize the Mayor to sign a grant application to the Florida Department of Environmental Protection for a Resilient Florida Infrastructure Grant for the Coquina Cove Drainage Improvements project with a 52% City cost share of $1,634,213. Explanation of Request: On May 12, 2021, Governor Ron DeSantis signed into law Senate Bill 1954, now section 380.093, F.S. The legislation established new Resilient Florida grant programs that are available to counties, municipalities, water management districts, flood control districts and regional resilience entities. Among these new programs, the Statewide Flooding and Sea Level Rise Resilience Plan provides state and federal funding for infrastructure projects that address risks of flooding or sea level rise identified in vulnerability assessments that meet the requirements of the statute. The City of Boynton Beach is submitting an application for the Coquina Cove Drainage Improvement project to be included in the Statewide Flooding and Sea Level Rise Resilience Plan. The requested grant funding for the project is $1,500,000 for construction, with a 52% City cost share for a total estimated project cost of $3,134,213. The application deadline for the grant was September 1, 2022. Grant award announcements are anticipated in December 2022. How will this affect city programs or services? The Coquina Cove Drainage Improvements project will mitigate coastal flooding and provide an improved level of service to the neighborhood. The project also includes necessary improvements to aging infrastructure in the drinking water and sanitary sewer systems, and associated utility relocation to accommodate the proposed drainage system. Fiscal Impact: There is $1,400,000 in matching funds budgeted for construction in the City of Boynton Beach Utilities Capital Improvement Plan (CI P) fiscal year 2022-2023 budget. The City has dedicated $234,213 to preconstruction activities for this project (including POs #210385 and #211048) for a total City match of $1,634,213. Alternatives: Do not approve and remove the grant application from consideration. Strategic Plan: Public Health and Safety , Environmental Sustainability Strategic Plan Application: Strategic Objective: Conduct climate vulnerability assessment and implement measures to mitigate risks of flooding and other climate hazards. Climate Action Application: CCVA Strategy #FF -BB -S: Begin preparing key findings of this study to Page 950 of 1276 compete for funding with the landmark `Always Ready' resilience law. CCVA Strategy #FF -BB -6: Design stormwater capital improvement projects to mitigate nuisance flooding in low-lying areas. Is this a grant? Yes GrantAmount: $1,500,000 Attachments: Type D RE)S()lLAti0111 D (3)ira intAppica tioin Description RE)S akAtioin aUlthor'iizliir:g ChE) IMayor to sigin CIh Eel l EsslilliEsir:t Il::lloirida for Ca:aqUliir:a Cove, IDiraliir:a gE) l EsslilliEsir:t 1F::11..... (3)ira int Appicatioin for Ca:aqUliir:a Cove, Diraliir:a gE) Ilr �l iraa� sr � sir��a.> Page 951 of 1276 1 RESOLUTION NO. R22-134 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A GRANT 5 APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL 6 PROTECTION FOR A RESILIENT FLORIDA INFRASTRUCTURE GRANT FOR 7 THE COQUINA COVE DRAINAGE IMPROVEMENTS PROJECT WITH A S2% 8 CITY COST SHARE OF $1,634,213; AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, on May 12, 2021, Governor Ron DeSantis signed into law Senate Bill 1954, 12 now section 380.093, F.S. which established new Resilient Florida grant programs that are 13 available to counties, municipalities, water management districts, flood control districts and 14 regional resilience entities; and 15 WHEREAS, the Statewide Flooding and Sea Level Rise Resilience Plan provides state 16 and federal funding for infrastructure projects that address risks of flooding or sea level rise 17 identified in vulnerability assessments that meet the requirements of the statute; and 18 WHEREAS, the City of Boynton Beach is submitting an application for the Coquina 19 Cove Drainage Improvement project to be included in the Statewide Flooding and Sea Level 20 Rise Resilience Plan; and 21 WHEREAS, the requested grant funding for the project is $1,500,000 for construction, 22 with a 52% City cost share for a total estimated project cost of $3,134,213. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. S:ACA\RESO\Agreements\Grants\EDEP Resilient Florida Grant (Coquina Cove Drainage)- Reso.Docx Page 952 of 1276 28 Section 2. The City Commission approves and authorizes the Mayor to sign a grant 29 application to the Florida Department of Environmental Protection for a Resilient Florida 30 Infrastructure Grant for the Coquina Cove Drainage Improvements project with a 52% City 31 cost share of $1,634,213, a copy of which is attached hereto and incorporated herein as Exhibit 32 "A". 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ATTEST: 52 53 54 Maylee De Jesus, MPA, MMC 55 City Clerk 56 57 58 (Corporate Seal) 59 60 61 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 22nd day of September, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE YES NO Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\EDEP Resilient Florida Grant (Coquina Cove Drainage)- Reso.Docx Page 953 of 1276 9/6/22,10:48 AM RAN -00474 RAN -00474 - Salesforce - Enterprise Edition State Agency Florida Department of Environmental Protection State Program Resilient Florida Applicant Information Grant Funding Type Funding for Resilient Florida - Infrastructure Grants f'.. . Applicant Authorized Signee Regional Resilience Entity Account Project Information RPG Project Type Entity Category City of Boynton Beach Ty Penserga County, Municipality, or Authorized Special District Addressing Risks of Flooding or Sea Level Rise Identified in a Vulnerability Assessment • Close Window • Print This Page • Expand All I Collapse All Status Submitted Applicant Contact Applicant Fiscal Corinne Elliot Agent Applicant Grant Rebecca Harvey Manager Project Title Coquina Cove Drainage Improvements Project Location Resilient Florida Grant Mitigate threats from flooding and sea Project Geo Location Program Types level rise; Coastal Flood Control; Narrative Domestic Wastewater Infrastructure; Stormwater Infrastructure; Transportation and Evacuation; Utilities Infrastructure List the City(ies)f Town (s)[Village(s) State Lands or State Parks Utilized Area Served Sponsor City/County Total Population Prior Vulnerability Prior Vulnerability Share Project Critical Assets City of Boynton Beach No State Lands Lease Agreement No, Project Geo Location Project Geo Location Metadata Percent of Population Total Grant Match Amount Total Grant Funding Amount Requested Prior Vulnerability Entities Funding for Regional Resilience The Coquina Cove neighborhood is located in the City of Boynton Beach east of US 1, west of the Intracoastal Waterway, south of NE 15th Place, and north of the Boynton Canal (SFWMD C- 16 Canal). The neighborhood is approximately 15.5 acres in size and consists of two roadways, Ocean Inlet Drive and Shore Drive, and 64 single- family residences. The project will be implemented in the City's right-of-way and easements granted to the City for outfalls. See Exhibit A - Project Location Map. 26.540194444444445 -80.05652777777777 $1,634,213.00 $1,500,000.00 https://fdep.my.salesforce.com/al 95G00000X3kuEQAR/p Page 954 of 1X16 9/6/22,10:48 AM General Information RAN -00474 - Salesforce - Enterprise Edition Project Need The City of Boynton Beach led the Coastal Resilience Partnership (CRP) of Southeast Palm Beach County to complete a comprehensive vulnerability assessment (CVA) meeting the required statutory elements of Section 380.093, F.S., with support from three Resilient Florida (RF) Planning Grants (Agreement Nos. R1817, R1906, and 22RRE09). The CVA identified the most vulnerable areas in Boynton Beach as areas with aging infrastructure and where critical facilities are located near waterbodies; particularly areas with relatively low elevation. Coquina Cove is one of these areas, bordered by the Intracoastal Waterway and the Boynton Canal, with elevations ranging from 8-9 ft. (NAVD 88) at the west entrance of the neighborhood down to approximately 4 ft. where the roads end at the Intracoastal Waterway. Specifically, the CVA found that both roads in Coquina Cove, the majority of single-family residences, and critical stormwater, wastewater, and drinking water infrastructure are highly vulnerable and at risk to current storm surge and rainfall - induced flooding, both of which worsen in future sea level rise scenarios for 2040 and 2070. Although tidal flooding is not a current problem in the neighborhood, the CVA found 20% of the neighborhood's parcels and all of Shore Dr. to be vulnerable to this threat in 2070. Currently the neighborhood experiences road flooding from heavy rainfall events and storm surge. This drainage improvement project is needed to improve level of service to the neighborhood by protecting all structures from flooding in the 100-year/72-hour design storm event, and keeping roadways to 0.5 feet or less of flooding for the 10-year/72-hour event and 0.8 feet or less for the 25-year/72-hour event. The need for drainage improvements was identified in 2019 when the City's Public Works department evaluated the Coquina Cove neighborhood for a planned road resurfacing project. This resulted in coordination between PW and Utilities and broadening the scope to include rehabilitation of drainage, sanitary sewer, and drinking water infrastructure. The assessment found that the neighborhood lacked stormwater inlets resulting in insufficient drainage to the Intracoastal Waterway, and that existing drainage structures were undersized and in need of an upgrade. It also identified the needs to replace aging and undersized water mains, replace sanitary sewer laterals to the homes, add https://fdep.my.salesforce.com/al 95G00000X3kuEQAR/p Page 955 of 1 16 9/6/22,10:48 AM RAN -00474 - Salesforce - Enterprise Edition lining to the sanitary sewer main to resolve leakage and inflation as wells as to extend its useful life, and address continually failing asphalt on top of the sanitary sewer pipe segment. The report concluded that the City should develop a complete utilities improvements project. Project Flt The Coquina Cove Drainage Improvements project entails necessary modifications and supplementations to Stormwater Infrastructure to improve drainage level of service. The project addresses Coastal Flood Control and aims to Mitigate Threats from Flooding and Sea Level Rise identified in the comprehensive vulnerability assessment. The project also addresses Transportation and Evacuation because it involves flood mitigation on two neighborhood roads which need to be safe to drive for residents to egress the community and access the evacuation route on N. Federal Hwy. The project includes replacement and upgrades to Domestic Wastewater Infrastructure and Utilities Infrastructure including the sanitary sewer system and replacement of a drinking water main. GI Critical Asset VAAR Yes GI Flood Erosion Yes Reducing GI Critical Asset VAAR The CVA assessed vulnerabilities and Explanation risks to tidal flooding, storm surge, and rainfall -induced flooding for current (2020) conditions, NOAA intermediate - low projection for 2040 (4" above 2020), NOAA intermediate -high 2040/intermediate-low 2070 (11"), and NOAA intermediate -high 2070 (33"). The assessment identified both roads (Shore Dr. and Ocean Inlet Dr.) and 82% of the 64 residential parcels in Coquina Cove neighborhood as highly vulnerable and at risk to 2020 and 2040 storm surge and 2020 rainfall flooding; and 98% of residences as highly vulnerable and at risk to 2070 storm surge and 2070 rainfall flooding. Tidal flooding was not found to be an immediate threat, but by 2070 80% of parcels were in inundation extent with 20% identified as medium to high vulnerability. The project will reduce these risks by upgrading the Coquina Cove drainage system (including piping, drainage structures, outfalls, grading and paving) to increase flood resilience. GI Flood Erosion The rainfall -induced flooding threat in the Reducing Explanation CVA is technically a measure of compound flooding (as defined in 62S- 8.002). The model combined rainfall depth over the 100 -year, 24-hour storm event with sea level rise estimates (added to the existing conditions high - tide value) to estimate future water depths. The assessment identified the roads (Shore Dr. and Ocean Inlet Dr.) and 97% of the 64 residential parcels in Coquina Cove neighborhood as highly vulnerable and at risk to 2020 rainfall flooding; and 98% of residences as https://fdep.my.salesforce.com/al 95G00000X3kuEQAR/p Page 956 of 1 16 9/6/22,10:48 AM RAN -00474 — Salesforce - Enterprise Edition highly vulnerable and at risk to 2070 storm surge and 2070 rainfall flooding. In an additional analysis for confidential water infrastructure, the CVA found the entirety of Coquina Cove would be inundated by the 100 -year, 24-hour rainfall combined with 2020 storm surge. The project will reduce these risks by upgrading the Coquina Cove drainage system (including piping, drainage structures, outfalls, grading and paving) to increase flood resilience. GI Regionally No GI Regionally Significant Significant Explanation GI Percent QA 80% or more GI Percent QA "Medium to high vulnerability and risk" Vulnerable Vulnerable (V&R) was defined based on exposure, Explanation sensitivity, adaptive capacity, risk probability and risk consequence. Storm surge and tidal flooding were assessed for 2020, 2040, and 2070 sea -level rise scenarios outlined in paragraph 380.093(3)(d), F.S. Rainfall -induced flooding was assessed for 2020 (100 -yr and 500 -yr), 2040 (100 -yr, 5" SLR above 2020 baseline) and 2070 (100 -yr, 33" SLR). Critical assets identified as V&R for rainfall -induced flooding and storm surge (2020, 2040, and 2070) include: Critical stormwater infrastructure: 100% - all 4 stormwater outfalls Drinking water distribution system: 100% - AC water main on Ocean Inlet Dr. Wastewater conveyance system: 97% - sanitary mains and sanitary laterals Transportation: 100% - Shore Dr. and Ocean Inlet Dr. potentially isolated; 2070 also includes portions of N. Federal Hwy. V&R for tidal flooding (2070): 50% of transportation assets (Shore Dr.); 20% of water infrastructure assets GI Existing Flood Yes, by incorporating new or enhanced GI Existing Flood Improved drainage system and Mitigation structure Mitigation Explanation upgrades to water and sanitary sewer GI Site Currently Has been flooded at least 3 times in the Flood last 5 years or is experiencing ongoing erosion GI Site Currently Several times a year, normal and severe Flood Explanation rainfall events cause localized flooding. Severe events cause major flooding (6- 10") on the east ends of both roads and the community entrance making the road impassable and disrupting community access and egress (Exhibit C — Flooding Photos). Additionally, the deterioration of the roadway poses a traffic hazard. Problems also arise with ground saturation from continuous rainfall events. Documentation is presented in attached Exhibit D — Alternatives Analysis Report (results pp. 5-6 and map p.8). Tables 2, 3 and 4 document that the existing drainage system fails to meet level of service in 5 of the 7 modeled subbasins for the 10-year/72-hour and 25-year/72- hour storm events; and in 4 subbasins for the 100-year/72-hour event. This https://fdep.my.salesforce.com/al 95G00000X3kuEQAR/p Page 957 of 1 16 9/6/22,10:48 AM RAN -00474 — Salesforce - Enterprise Edition means that in these areas, roadways are currently not protected from 0.5 feet of flooding for the 10 -year event and 0.8 feet for the 25 -year event; and structures are not protected from flooding in the 100 -year event. GI Current Flood Zone Flooding greater than 3 inches in last 3 GI Current Flood Zone years or has ever experienced Explanation unmitigated erosion GI Project Design Partially designed or site-specific GI Project Permitting All necessary permits have been Stage environmental or geotechnical reports Stage Explanation identified and will be obtained when the have been completed design is at a 90%. Currently, the design is at 60%. The current 24 -inch pipe on Ocean Inlet Drive has a permanent drainage easement. The City has not yet secured the necessary easement for additional outfall on Shore Drive. GI Project Permitting Necessary permits and easements have GI Cost Share There is $1,400,000 in matching funds Stage been identified Explanation budgeted for construction in the City of Boynton Beach Utilities Capital Improvement Plan (CIP) fiscal year 2022-2023 budget (Exhibit E). The City has already spent $234,213 on preconstruction activities (Tasks 1-6 detailed in the Task table below) for a total match of $1,634,213 (52%). GI Cost Share Yes GI habitat Enhancement Explanation GI habitat No GI Critical habitat Enhancement Explanation GI Critical habitat No GI Project Cost Initial engineering tasks have been Effective Explanation completed, which included alternatives formulation and evaluation. The selected alternative was the most efficient way to resolve the neighborhood issues (see Exhibit D — Alternatives Analysis Report). The 60% Engineer's Preliminary Opinion of Probable Construction Cost is approximately $3 million. After completion of design, staff will work with the engineering consultant to perform value engineering in order to implement the most cost-effective and technically sound project at the best price and schedule. GI Project Cost Yes GI Funding Secured There is $1,400,000 in matching funds Effective Project Explanation budgeted for construction in the City of Boynton Beach Utilities Capital Improvement Plan (CIP) fiscal year 2022-2023 budget (Exhibit E). The City has already spent $234,213 on preconstruction activities (Tasks 1-6 detailed in the Task table below) for a total match of $1,634,213 (52%). GI Funding Secured Yes (Cost share has been secured) GI Previous State For Project Involvement Explanatlo GI Previous State None GI will Exceed FL The project will exceed requirements of Involvement Biding Code local floodplain management Explanation regulations. Florida Building Code flood - resistant requirements are for the structures (i.e., houses). The project will be implemented in the streets/rights-of- https://fdep.my.salesforce.com/al95G00000X3kuEQAR/p Page 958 of 1?16 9/6/22,10:48 AM RAN -00474 — Salesforce - Enterprise Edition way and easements granted to the City for outfalls. GI Will Exceed Florida Yes GI Innovative Tech Building Code Reduce Cost Explanati GI Innovative Tech No GI Community Referencing the 2020 American Reduce Cost Financially Community Survey 5 -Year Estimates for Disadvantaged E Median Household Income in the Past 12 Months (in 2020 inflation-adjusted dollars) (item numbers S1903 and B19013, data. census.gov), both the Census Tract and Census Block Group containing Coquina Cove have a lower median household income than the City and State medians. Median Household Income: State of Florida - $57,703 City of Boynton Beach - $56,850 Census Tract 57.02 — $46,898 Census Tract 57.02, Block Group 4 - $48, 218 GI Community Yes GI Benefit Spring Financially Explanation Disadvantaged GI Benefit Spring No GI Protect Water Sources Explanation GI Protect Water No GI Facilities Waste Improvements to aging infrastructure in Sources Treatment Explanatio the sanitary sewer system, including replacement of sanitary sewer laterals to the homes, addition of lining to the sanitary sewer main to resolve leakage and inflation as wells as to extend its useful life, and manhole rehabilitation. GI Facilities Waste Yes GI Convert Septic To Treatment Severer Explanation GI Corvert Septic To No GI Green Stormwater Severer Infrastrure Expl GI Green Stormwater No GI Applied Other Infrastructure Programs Explanation GI Applied Other No Programs GI Community 80,869 Population Project Work Plan Project Summary The Coquina Cove Drainage Project Description The City of Boynton Beach's CVA Improvements project will mitigate identified critical assets in the Coquina coastal flooding and provide an improved Cove neighborhood as highly vulnerable level of service to a neighborhood with and at risk to current storm surge and vulnerable critical assets identified in a rainfall -induced flooding, with vulnerability assessment. The project vulnerabilities worsening in sea level rise includes adding catch basins to connect scenarios for 2040 and 2070. Coquina to existing outfalls, upgrading a 4 -inch Cove is a low-lying coastal area with outfall to 24 -inch, complete standard aging infrastructure that currently paving and grading, replacement of an experiences road flooding from heavy existing Asbestos -Cement (AC) water rainfall events and storm surge. The City main, lining of sanitary mains, conducted site reconnaissance and replacement of sanitary laterals, and determined that the neighborhood has utility relocation to accommodate the an insufficient drainage network that drainage improvements. needs modifications or supplementations. The current system utilizes four (4) existing outfalls ranging https://fdep.my.salesforce.com/al95G00000X3kuEQAR/p Page 959 of 1 16 9/6/22,10:48 AM RAN -00474 - Salesforce - Enterprise Edition in diameter between 4 inches and 24 inches. Drainage is directed to inlets adjacent to the outfalls, leaving vast areas underserved. The Coquina Cove Drainage Improvements project is designed to address existing drainage issues and result in an improved level of service to the neighborhood. The City's coordination between Public Works and Utilities began in 2019 to define the neighborhood needs and project scope. In 2020 the City contracted a comprehensive survey for the entire neighborhood, including topography, elevations, utilities, easements, edge of pavement, and landscaping. In May 2021, the City Contracted with AECOM for the design, permitting, public engagement and limited services during construction. AECOM provided 60% construction plans and a preliminary cost estimate in July 2022. Public meetings were held in July 2021 and August 2022. The project scope includes adding catch basins to connect to the 3 existing outfalls, grading, and replacement of the outfall at the east end of Shore Drive (currently 4") with a 24 -inch pipe (see Exhibit B - Outfall Map). Currently, the City is working to attain a drainage easement to enable installation of that outfall. Additional project components address necessary improvements to aging infrastructure in the drinking water and sanitary sewer systems, including replacement of the existing AC water main on Ocean Inlet Drive, addition of fire protection, manhole rehabilitation, cured in-place pipe lining, sanitary laterals replacement, and associated utility relocation to accommodate the proposed drainage system. Project Need and Benefit Project Feasablllty Project Vulnerability Vulnerability Assessment Include State Budget Budget Narrative Work Performed by Indirect Percent Signature Authorized Signers Ty Penserga Signature Certification Agreement https://fdep.my.salesforce.com/al95G0000OX3kuEQAR/p Page 960 of 1 16 9/6/22,10:48 AM RAN -00474 — Salesforce - Enterprise Edition System Information Created By Rebecca Harvey, 8/31/2022 9:02 AM Preparer Type Applicant Last Modified By Rebecca Harvey, 9/1/2022 1:34 PM Rebecca Harvey RAN -00474 Files Coquina Cove - Exhibit H - AECOM Phase 1 P.O. Last Modified 9/1/2022 10:24 AM Created By Rebecca Harvey Coquina Cove - Exhibit F - Topgraphic Survey Last Modified 9/1/2022 10:24 AM Created By Rebecca Harvey Preparer Account City of Boynton Beach Preparer Contact Rebecca Harvey Preparer User Rebecca Harvey Coquina Cove - Exhibit G - AECOM Phase 1 Proposal Last Modified 9/1/2022 10:24 AM Created By Rebecca Harvey Coquina Cove - Exhibit E - Utilities CIP Budget Last Modified 9/1/2022 10:24 AM Created By Rebecca Harvey Coquina Cove -Exhibit D -Alternatives Analysis Report Coquina Cove -Exhibit C -Flooding Photos Last Modified 9/1/2022 10:24 AM Last Modified 9/1/2022 10:24 AM Created By Rebecca Harvey Created By Rebecca Harvey Coquina Cove - Exhibit B - Outfall Map Coquina Cove - Exhibit A - Project Location Map Last Modified 9/1/2022 10:23 AM Last Modified 9/1/2022 10:23 AM Created By Rebecca Harvey Created By Rebecca Harvey EGR Application Tasks RTN-02327 Task Number 1 Task Description Topographic hic Survey for easements, edgehe entire Coquina Cove neighborhood, including topo, elevations, utilipay Total Task Amount Requested $0.00 RTN-02329 Task Number 2 Geotechnical work to include three field permeability tests to determine seasonal high Task Description groundwater elevation and soil profile; three borings within the roadway to determine the existing road section and two 10 -foot auger borings to determine underlying soil conditions. Total Task Amount Requested $0.00 RTN-02331 Task Number 3 Alternatives Analysis; Conceptual Design Plans based on analysis recommendations; Task Description conceptual cost estimate; 60% Plans and Cost Estimate; 90% Contract Documents (plans, technical specifications, and cost estimates); Tabulation of Value Engineering Cost Savings; Permit application packages; 100% Contract documents. Total Task Amount Requested $0.00 RTN-02337 Task Number 6 Contract administration, coordination of project staff, monitoring of progress and project costs, progress eporting, quality management system, Kick -Off and Progress Task Description Meetings, rrt eview of contractor submittals and proposedchange/field orders, substantial completion inspection, and review of record drawings. Total Task Amount Requested $0.00 https://fdep.my.salesforce.com/al 95G00000X3kuEQAR/p Page 961 of 1gJ6 9/6/22,10:48 AM RTN-02334 RAN -00474 — Salesforce - Enterprise Edition Task Number 5 Public Involvement Plan, neighborhood outreach materials, public informational meetings, Task Description neighborhood easement canvassing, construction notifications, resident communications phone line, social media, and webpage. Total Task Amount Requested $0.00 RTN-02336 Task Number 7 Adding catch basins to connect to existing outfalls, upgrading a 4 -inch outfall to 24 -inch, Task Description complete standard paving and grading, replacement of an existing Asbestos -Cement (AC) water main, lining of sanitary mains, replacement of sanitary laterals, and utility relocation to accommodate the drainage improvements. Total Task Amount Requested $1,500,000.00 RTN-02933 Task Number 4 Attend pre-bid meeting, respond to questions from prospective bidders, review proposed Task Description addenda, assist in review and evaluation of bids, provide a written recommendation, and provide up to four (4) sets of Conformed Documents for the Contractor. All other document copies will be provided electronically. Total Task Amount Requested $0.00 Copyright© 2000-2022 salesforce.com, inc. All rights reserved. https://fdep.my.salesforce.com/al 95G00000X3kuEQAR/p Page 962 of 1 16 All- a, w i� l' J ............... ° r NE 15th�Pl �NNi� NU.", ol F90 pp � � n ; w Bio ""M 0, i 7 , i M r u i ril r 1„rday:, 9, '• v � ,, � r a �,,;' r z�,'�<.,. - - ;” ,•,�„ r ...,, , . , i+ r ., r rr ", n ; ; �" z , ,i, n ,,,; „- "y ..,, f r.,.. ,�iad!, i ���,: ", a `. , f c. V. �J4/,%� I�109 ii J� UY; 1�, � llllal� ,f a„r, ✓�.z "> ;' ”, i ;".qf. 171;'/ I;,. II«rhiSt�mz,��; uuuidGr, � n it ,e:,. 7t �") .' „`gl ,,, fBlMrr""„�- ��< r iM7,�,. 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JI ,,,F>:L( f>W,II,Y/1JI JrrJ, ," k�/ ,,,Nz�aJl.�. r�!!nWh,,,lj,;.(i, nHV,,: 1�iii/� - IVG ,�'� ,s , ,. „r� , �J i,„ , �s1, ms(1 0,111111 � �rri N� ��7�1'/l��nu,(/NI f ri� � �,° c, � i a; � , � L/. i rU �� � �iirro� i7Jr � � `� °'�'�°,° J,` " � r✓i,' � ,�% �i� � � ,, ,. ,n>'ri..,;;" �� � �:' � lJ�� i �.r� "". lu, �. � Y� . t,�� l � , 2 ds`ri,, � �x ,��)(� Jar J ! 4 „m 1<<'; .�°'r, r �„ Il 0;. 11 iM.. ano6 yo , oSr r'. /fir w ;, i k ,, .,, �Arf Ji�.:fz, FR,,;a./'n /( ..,�{ W� / ��i 1. r ,.i', � ,%, i , r �,. " " � 17a r %' S � fA S A ; Ir I y „�. C i1�, /a I fart, fFl+ 1 "".;;: Y� G � '° �q� U 77/' r t „ P/ � � e I�+N �"' N� ��„ r ��/ 7b r r7, 4 �e,,, ' ✓� ndv9a l,.' � i (�l 4 M /,,,.,;✓ ;,,",.>� v„ -'� :.... �w.,. " , ,..r.�9 >'a, �.,,- y,t... ,, ,,. 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Jror tinron"., ,. ........... awf 1 inofa iiu„a ir>9, ifiNNlomoaao� � �� riFs�'11NY'I eo.�ri;rl M�doo !,.rrs2,o�,�'�'�`i COQUINA COV iINCH 120 FEET MapCr�te]&y: G,eg O:we�s Exti �a,a_ MaV zAlk z4zi IBIT A -P MNEP.AL PROJECT LocATION I INCH - 120 FEET COQUINA COVE EXHIBIT B - OUTFALL MAP Resilient Florida Implementation Grant Application Applicant: City of Boynton Beach Project Title: Coquina Cove Drainage Improvements Exhibit C — Flooding Photos Shore Drive — East (November 24, 2021) C;a:)gUfi-a CX)vp^ UlniiMC, p'�, I Shore Drive — West (November 24, 2021) /� COM Imagine it. /��, Delivered. To: Ms. Angela Prymas, PE City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 CC: Technical Memo Subject: Alternatives Analysis Evaluation Report r',iO 'IIt III"`x;,,,;11,11, ��� 'It 0 III"'O AECOM 2090 Palm Beach Lakes Blvd, Suite 600 West Palm Beach, FL 33409 aecom.com Project name: City of Boynton Beach — Coquina Cove Drainage Improvement Project Project ref: 60654448 From: Amy Eason, PE Date: June 22, 2021 The City of Boynton Beach has identified the Coquina Cove neighborhood as having an insufficient drainage network that needs modifications or supplementations. The current system utilizes four (4) existing outfalls ranging in diameter between 4 -inches to 24 -inches. Drainage is directed to inlets adjacent to the outfalls, leaving vast areas under served. To provide the best solution, AECOM conducted a 1 D hydrologic analysis of the project area along with three (3) alternatives. Alternative 1 utilized the existing outfalls and provided an interconnected drainage network to better convey stormwater to the existing outfalls. Alternative 2 added more outfalls while still utilizing an interconnected drainage network. Alternative 3 utilized the existing outfalls with the addition of interconnecting the system with exfiltration trenches. To conduct the analysis, a range of software was utilized such as AutoCAD, ArcGIS, and ICPR 4. A highlight of key model building blocks has been compiled and is described below: Subbasins Subbasins were developed utilizing the City -provided AutoCAD survey to identify high spots and locations that are underserved. Subbasins were created with alternatives and the proposed layouts in mind. This was to reduce the need to recut subbasins and allow for one set to be used to have an "apples to apples" comparison when analyzing the results. In addition, the subbasin boundaries were adjusted to be on top of the seawalls. Appendix A shows the location of each subbasin and Table 1 summarizes the area of each subbasin. DRAFT Page 96Y'of 1276 Technical Memo City of Boynton Beach — Coquina Cove Drainage Improvement Project ✓�b Y SU, b bSa IIiI a Name Area (acres) CC—1 2.27 CC—2 2.44 CC—3 2.06 CC—4 2.29 CC—5 1.62 CC—6 2.20 CC_7 2.94 DRAFT It was assumed that the curve number for each subbasin would be 95 based oon the lots being highly developed with minimal pervious areas. Stage Area Lidar information was utilized to generate stage area data within ICPR 4. The Lidar was processed using the Palm Beach County 2017 Lidar point cloud data set with vertical accuracy of ±0.59 feet. The data set was modified to correct for low point density along the water's edge. A hard boundary was set to represent the sea wall at 4 feet NAVD. A bare earth float raster was created that represents the terrain without vegetation or structures. In a spot test with the City -provided survey in non -vegetated terrain, the average accuracy was ±0.16 feet. Boundary Stage Data from NOAAs tidal monitoring stations were used to best represent the tailwater conditions. The closest monitoring station to the project site was located at the Lake Worth Beach Pier approximately 5 miles away. The sea level used in the model to represent the tailwater was the Mean High Water (MHW) elevation, which had a reported value of 0.37 feet NAVD88. Figure 1 shows the monitoring station's recorded values. AECOM DRAFT Page 969'of 1276 Technical Memo City of Boynton Beach — Coquina Cove Drainage Improvement Project IIgUfll(61.ffIIG a�,��t11111G'Ifit11,0I111 Existing conveyance and outfalls DRAFT Much of the existing stormwater is conveyed by overland flow to the outfalls. The City -provided AutoCAD Survey was utilized to create the overland weirs and set the outfall inverts. The overland flow weirs only considered the 50 foot road right-of-way. It was assumed the residents are responsible to convey all runoff to the front of their lots and into the City's right-of-way for discharge. It was assumed the outfalls did not have any backflow prevention devices. Swales Swales were not considered within the modeling to be more conservative and to best illustrate the effects of each solution. Geotechnical/Groundwater At the time of writing this report the geotechnical subconsultant (Terracon) had not completed their analysis of the project site. Therefore, some assumptions where made to expedite the modeling analysis. The groundwater was estimated based off the Mean Higher High Water (MHHW) elevation of 0.55 feet NAVD88 (found in Figure 1) with 1 foot added to represent the freshwater lens. The result is an estimated groundwater elevation of 1.55 feet NAVD88. Storm Events AECOM has modeled the 10 -year 3 -day, 25 -year 3 -day, and 100 -year 3 -day storm events. Each simulation utilized the SFWMD 72 hour rainfall distribution curve. Rainfall amounts are derived from SFWMD ERP Handbook Volume II rainfall isohyetal maps. The rainfall amounts are 11.5 inches for the 10 -year 3 -day, 14.5 inches for the 25 -year 3 -day, and 18 inches for the 100 -year 3 -day. AECOM DRAFT Page 96YOf 1276 Technical Memo City of Boynton Beach — Coquina Cove Drainage Improvement Project Warning Stages DRAFT The level of service/warning stage has been set so that the 10 -year 3 -day storm is allowed 0.5 feet of water above the minimum crown of road, the 25 -year 3 -day storm is allowed 0.8 feet of water above the minimum crown of road, and the 100 -year 3 -day storm is set to the lowest finished floor elevation per subbasin. Modeling Alternatives Alternative 1 —Alt 1 consists of interconnecting the existing outfalls. A 24 -inch diameter RCP pipe was found to be most suitable as it did not exceed the existing discharge capacity and provided the ability to avoid nearby existing infrastructure. It is recommended in this alternative to replace the existing catch basins and structure to maximize the effectiveness of each outfall. The conceptual layout can be found in Appendix B. Alternative 2 —Alt 2 provided a similar interconnected system as Alt 1 with a 24 -inch diameter RCP pipe, but also added three (3) additional outfalls. Each new outfall was sized to best meet the discharge requirements of the study area. From the analysis, all three (3) proposed outfalls are sized to be 24 - inches. The minimum easement size the City will need to secure to fit the proposed outfalls is 10 feet. The conceptual layout can be found in Appendix C. Based on the meeting held May 27th, 2021 with the City, that water quality should not be an issue with the permitting agencies. An amendment to this report may be needed after the pre -application meeting with the permitting agencies. Alternative 3 — Alt 3 interconnected the existing outfalls utilizing 24 -inch diameter RCP pipe with sections of exfiltration trench. The dimensions of the exfiltration trench are 6 feet wide by 6 feet tall, with a 24 -inch diameter perforated pipe. In order to satisfy the City's requirement to reduce impacts to residential landscaping, the exfiltration trench was designed to be within the roadway and utilize the City's standard detail for exfiltration trenches. The proximity of the groundwater in relation to the surface will impact the effectiveness of the proposed exfiltration trench by reducing the available unsaturated layer. The reduction in the unsaturated layer will leave parts of the trench fully saturated, further reducing the cost effectiveness. Alternative 3 built out the maximum length of exfiltration trench available to compensate for the reduced unsaturated layer. The conceptual layout can be found in Appendix D. AECOM DRAFT Page 976'of 1276 Technical Memo DRAFT City of Boynton Beach - Coquina Cove Drainage Improvement Project 11„,"VUe , al urV l � ee' S Tables 2, 3, and 4 summarize the model results for the 10, 25, and 100 -year storm events. The results in red represent stage elevations above the set warning stage, indicating a failure to meet level of service. Alternative 2 is the only proposed solution that did not fail to meet the level of service. R',,;,We `,,e 10 yPea ,, 111 Jyr rV ,d6II ;e, u»IIO e. Basin Warning Stage 10 -Year 3 -Day Existing (ft NAVD) Alt 1 (ft NAVD) Alt 2 (ft NAVD) Alt 3 (ft NAVD) CC -1 4.85 !"L98 :.3 1.71 4.80 CC -2 4.89 !"L9,117 3 2.29 4.80 CC -3 5.25 4.98 5.1 2.64 4.81 CC -4 7.03 6.16 5.39 2.46 5.13 CC -5 5.01 ":; 68 28 3.18 p 3 CC -6 4.72 68 28 3.19 " . p CC -7 4.33 68 28 2.32 " . p „o 25 fe,�'a„ 111 fyr rV ,),d, 11 I »II0 Basin Warning Stage 25 -Year 3 -Day Existing (ft NAVD) Alt 1 (ft NAVD) Alt 2 (ft NAVD) Alt 3 (ft NAVD) CC -1 5.15 ". 3 3 2 2.23 5.11 CC -2 5.19 ". 3 3 2 3.11 5.11 CC -3 5.55 5.21 5.32 3.65 5.11 CC -4 7.33 6.20 5.73 3.36 5.48 CC -5 5.31 ":; 68 4.21 2 CC -6 5.02"11 68 " VI) 4.21 2 CC -7 4.63"11 68 " �."�:) 3.15 2 AECOM DRAFT Page 97T'of 1276 Technical Memo City of Boynton Beach — Coquina Cove Drainage Improvement Project 41 100 Year rV'h',:), ?e� DRAFT Basin Warning Stage 100 -Year 3 -Day Existing (ft NAVD) Alt 1 (ft NAVD) Alt 2 (ft NAVD) Alt 3 (ft NAVD) CC—1 5.66 5.41 5.51 2.93 5.35 CC—2 5.34 1":. 1:p 115, 11:) : p 4.02 115,111:) CC—3 5.85 5.41 5.51 4.58 5.35 CC—4 7.05 6.24 5.98 4.05 5.87 CC—5 5.00 15,9 15,63 4.55 5.53 CC—6 4.99 113,9 113,63 4.55 11::), .11:) CC—7 5.55 1P:"',9 lf: ,63 4.43 5.51 Furthermore, a closer analysis of the minimum crown of road with the model results was conducted. The analysis illustrated that only Alternative 2 was able to produce results that did not exceed the minimum crown for some of the storm events. Alternative 2 was able to stay below the minimum crown of road for the 10 -year and 25 -year storm events. AECOM has performed an engineering preliminary cost analysis for each alternative. Table 5 summaries the total cost. Appendix E has the total cost breakdown. Please note that the cost estimates do not include sanitary sewer or potable water work. b e 5 SU, `1i1iioo a Ilui11i11uiInaAlis (1�;���aiiio1 Alternative Cost Alt 1 $953,700 Alt 2 $3,240,700 Alt 3 $2,153,200 The preliminary cost estimates indicate that the cheapest option would be to implement Alternative 1, however, when weighed with the results, the improvements do not meet the City's level of service. Alternative 2 is the most expensive solution and the only solution that meets the level of service set forth by the City. AECOM DRAFT Page 97YOf 1276 Technical Memo City of Boynton Beach — Coquina Cove Drainage Improvement Project fF, �, ,,. IIII (f 1,,,,�(fl IIII (Of ��( „°` IIII �0 l„! % � IIII o IIII i0 s DRAFT Based on the model results and cost estimates Alternative 2 provides the best cost benefit to improve drainage within the Coquina Cove neighborhood. Alternative 2 is the only model that consistently provides improvement for each simulated storm event and has the greatest impact. It is recommended that the City look to implement the Alternative 2 design approach and look to add swales where applicable to provide additional storage and water quality. AECOM DRAFT Page 97YOf 1276 1 ,,,,, /, Reinforced Concrete Pipe 24" ', $ 0.20 144,500 144,500 17 Mobilization (6%) ', $ 0.06 43,350 43,400 18 Maintenance ofTraffic(5%) ', $ 0.05 36,125 36,100 19 LF ', $ 2,440.15 $ 7,200 85.00 $ ... 207,413 JJ //,. $ 207,400 2 Outfall Barnacle Removal LF 466.67 $ 45.00 $ 21,000 $ 21,000 3 Concrete Manhole Each 4.00 $ 4,333.00 $ 17,332 $ 17,300 4 FOOT Type E Ditch Bottom Inlet Each 18.00 $ 4,800.00 $ 86,400 $ 86,400 5 Inlet Filters Each 18.00 $ 300.00 $ 5,400 $ 5,400 6 Tideflex Valves (outfalls) Each 4.00 $ 8,000.00 $ 32,000 $ 32,000 7 Concrete Pavement Removal SY 6,704.49 $ 14.00 $ 93,863 $ 93,900 8 1.5" Type SP -9.5 Asphalt SY 6,704.49 $ 10.00 $ 67,045 $ 67,000 9 Base Rock SY 6,704.49 $ 7.00 $ 46,931 $ 46,900 10 12' Compacted Subgrade SY 6,704.49 $ 2.50 $ 16,761 $ 16,800 11 Concrete Curb& Gutter LF 6,034.04 $ 20.42 $ 123,215 $ 123,200 12 Inlet Protection Each 18.00 $ 100.00 $ 1,800 $ 1,800 13 Silt Fence LF 400.00 $ 2.00 $ 800 $ 800 14 Floating Turbidity Barrier LF 160.00 $ 10.00 $ 1,600 $ 1,600 15 Sodding SY 400.00 $ 2.52 $ 1,008 $ 1,000 Subtotal S 722,500 16 Construction Contingency (20%) ', $ 0.20 144,500 144,500 17 Mobilization (6%) ', $ 0.06 43,350 43,400 18 Maintenance ofTraffic(5%) ', $ 0.05 36,125 36,100 19 Materia lTesting (1%) ', $ 0.01 7,225 7,200 NOTE: This is not a complete cost estimate for the entire project. This is a cost estimate of the stormwater infrastructure only for comparison reasons between alternatives. Page 978 of 1276 Subtotal $ 231,200 Total $ 953,700 1 ,,,,, /, Reinforced Concrete Pipe 24" ', $ 0.20 491,000 491,000 19 Mobilization (6%) ', $ 0.06 147,300 147,300 20 Maintenance of Traffic (5%) ', $ 0.05 122,750 122,800 21 LF ', $ 2,440.15 $ 24,600 85.00 $ ... 207,413 JJ //,. $ 207,400 2 Jack and Bore LF 773.00 $ 500.00 $ 386,500 $ 386,500 3 Seawall Repairs Each 3.00 $ 440,000.00 $ 1,320,000 $ 1,320,000 4 Outfall Barnacle Removal LF 466.67 $ 45.00 $ 21,000 $ 21,000 5 Concrete Manhole Each 4.00 $ 4,333.00 $ 17,332 $ 17,300 6 FDOT Type E Ditch Bottom Inlet Each 18.00 $ 4,800.00 $ 86,400 $ 86,400 7 Inlet Filters Each 18.00 $ 300.00 $ 5,400 $ 5,400 8 Tideflex Valves (outfalls) Each 7.00 $ 8,000.00 $ 56,000 $ 56,000 9 Concrete Pavement Removal SY 6,704.49 $ 14.00 $ 93,863 $ 93,900 10 1.5" Type SP -9.5 Asphalt SY 6,704.49 $ 10.00 $ 67,045 $ 67,000 11 Base Rock SY 6,704.49 $ 7.00 $ 46,931 $ 46,900 12 12' Compacted Subgrade SY 6,704.49 $ 2.50 $ 16,761 $ 16,800 13 Concrete Curb& Gutter LF 6,034.04 $ 20.42 $ 123,215 $ 123,200 14 Inlet Protection Each 18.00 $ 100.00 $ 1,800 $ 1,800 15 Silt Fence LF 400.00 $ 2.00 $ 800 $ 800 16 Floating Turbidity Barrier LF 280.00 $ 10.00 $ 2,800 $ 2,800 17 Sodding SY 700.00 $ 2.52 $ 1,764 $ 1,800 Subtotal $ 2,455,000 18 Construction Contingency (20%) ', $ 0.20 491,000 491,000 19 Mobilization (6%) ', $ 0.06 147,300 147,300 20 Maintenance of Traffic (5%) ', $ 0.05 122,750 122,800 21 Materia lTesting (1%) ', $ 0.01 24,550 24,600 NOTE: This is not a complete cost estimate for the entire project. This is a cost estimate of the stormwater infrastructure only for comparison reasons between alternatives. Due to the inceased quantity ofoutfalls, water Page 979 of 1276 Subtotal $ 785,700 Total $ 3,240,700 1 Construction Contingency (20%) Reinforced Concrete Pipe 24" 0.20 326,240 326,200 19 Mobilization (6%) $ 0.06 97,872 97,900 20 Maintenance of Traffic (5%) $ 0.05 81,560 81,600 21 LF $ 648.00 $ 85.00 16,300 $ 55,080 Ill ff �� 1 ��l $ 55,100 2 24" French Drain LF 2,080.00 $ 500.00 $ 1,040,000 $ 1,040,000 3 Cleanouts Each 15.60 $ 1,250.00 $ 19,500 $ 19,500 4 Outfall Barnacle Removal LF 466.67 $ 45.00 $ 21,000 $ 21,000 5 Concrete Manhole Each 4.00 $ 4,333.00 $ 17,332 $ 17,300 6 FDOT Type E Ditch Bottom Inlet Each 18.00 $ 4,800.00 $ 86,400 $ 86,400 7 Inlet Filters Each 18.00 $ 300.00 $ 5,400 $ 5,400 8 Tideflex Valves (outfalls) Each 4.00 $ 8,000.00 $ 32,000 $ 32,000 9 Concrete Pavement Removal SY 6,704.49 $ 14.00 $ 93,863 $ 93,900 10 1.5" Type SP -9.5 Asphalt SY 6,704.49 $ 10.00 $ 67,045 $ 67,000 11 Base Rock SY 6,704.49 $ 7.00 $ 46,931 $ 46,900 12 12" Compacted Subgrade SY 6,704.49 $ 2.50 $ 16,761 $ 16,800 13 Concrete Curb& Gutter LF 6,034.04 $ 20.42 $ 123,215 $ 123,200 14 Inlet Protection Each 18.00 $ 100.00 $ 1,800 $ 1,800 15 Silt Fence LF 400.00 $ 2.00 $ 800 $ 800 16 Floating Turbidity Barrier LF 160.00 $ 10.00 $ 1,600 $ 1,600 17 Sodding SY 1,000.00 $ 2.52 $ 2,520 $ 2,500 Subtotal $ 1,631,200 18 Construction Contingency (20%) $ 0.20 326,240 326,200 19 Mobilization (6%) $ 0.06 97,872 97,900 20 Maintenance of Traffic (5%) $ 0.05 81,560 81,600 21 Material Testing (1%) $ 0.01 16,312 16,300 NOTE: This is not a complete cost estimate for the entire project. This is a cost estimate of the stormwater infrastructure only for comparison reasons between alternatives. Page 980 of 1276 Subtotal $ 522,000 Total $ 2,153,200 Resilient Florida Implementation Grant Application Applicant: City of Boynton Beach Project Title: Coquina Cove Drainage Improvements Exhibit E — Utilities Capital Improvement Plan Budget Excerpt a Pcap—d At...f G➢P" Proi.t .... ProjectName1202612027� ....... .... ....... Proposed — Plan -- Plan -- Plan -- Plan - -, 5 Year CIP PROJECT TOTAL .... Fnn... Dent Een.... Gnd s Neig 11barhoodUtilita Ina prim erul Nei lrlrarlr d,Utilria Iran arnelmelxtls ................................................................................................................................k.....................................................................................................................................................................................................................................................................................................................-..i 403 5000 538 65.1 UC1802 Dimick & Potter Lltilit Stormwater ............................................................................................................................................................................................................. $ )o 403 5000533 65 UC1802 Gimick&Potter Lltilit Water Improvements $ - !+...1 ffDirnick 6 Potter subtotal - S _ 2J .......................................................... 73 403 5000 538 65.1 UC2102 CoquinaCoweStormwaterlmprowements 600,000 $ 600,000 ie Coquina Cove Wastew a t e r Improvements 600,000 $ 600,000; ,.J.403 15 1r 403 .5000 5000 533 65 .UC2102 UC2102 Coquina Cove Water Improvements 200,000 $ 200,000 15 Coquina Cove subtotal 1,400,000 $ 1,400-000 ti... ...................................................................................................................................................................................................................................................................................................................................................................................................................................................... 13403 5000 533 65 UC2103 Industrial Way (Water) ,,,,. J 10403 ... ... ... ... .... ... ... ... ............................................ 5000 533 65 ... ... ..... UC2103 ... ... ... ... ... ... ... ... ................................................. ... ... ... ... ... ... ... ... ... ... Industrial Way (Sewer) ... .................................................. ... ... ... ... ... ... ... ... ... ... ... ..... ............................................. ... ... ... ... ... ... ... ... ... ... ... ..... ............................................ ... ... ... ... ... ... ... ... ... ... ........ _....J ...................................................................................................................................................................................................................................................................................................................................................................................................................................................... f 20 403 5000 533 65 UC2103 Industrial Way (Stormwater) _....J 21 J .................................................................................................................................... 403 5000 533 65 UC2103 Central Seacrest Corridor (Phase 3}................ ....................................... .................................... .............................. ................................ ....................... ............................................ 22 ............. 403 ................ 5000 .............. 533 ............... 65 ..................... UC2201 ........................................................................................................ Central SeacrestCorridor (Phase 3) -Water ................................................ 250,000 ............................................. ....................................... ......................................... ................................. 6,000,000 ....................................................J $ 6,250,000; .....1 23 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................... 403 5000 535 65 UC2103 Central Seacrest Corridor 3) -Sewer 750,000 1,000,000 $ 1,750,000; .....1 24 .........................................................1.�..T..M.6..........................................................................................................................................................................................................................................................................................................................................................................................: Central Seacrest Corridor Phase 3 - 1 000 000 $ 1 000 0001 25 403 5016 538 65.1 22 Seacrest Corridor SWale1STORMWATER $ 26 f 403 5016 533 65 WTR106 Seacrest Corridor WATER Main Replacement $ - 2a Central Seacrest Corridor subtotal 1,000,000 =■ii==== 3,000,000 1 28f................................................................................................................................................................................................................................................................................................................................................................................................................................................ 403 5000 533 65 L1C23xx San Castle (DEO Grant) - Water 35,000 200,000 5,300,000 $ 5,535,000 : .... 23� .............................................................................. Improvements.r......._$16,S M Grant ...................................................................................................................................................................................................................................................................................................................... 403 5000 535 65 L1C23>sss San Castle DEO Grant) - Sewer 35,000 200,000 5,300,000 $ 5,535,000 ; 30 . .................................... .. .. ................ ........ ............... Imdpravements- $16.5MGrant- .J. I.I"L"251Ye'YrYGY'YYW'dl'Il'1'....:JIYYf lrlw'2Ylel...................................................................................................................................................................................................................................................................................-4 403 5000 538 65.1 JC23ss Improvements -$16.5 AGrant 35,000 200,000 5,195,000 $ 5,430,000; 3t J 32 San Castle [DEO Grant] subtotal 105,000 600,000 15.795,000 - - 16,500-000 33 J .... j.......... ..................................................................................................... ....... ........ ...... ..... ....... ..................................................................................................................................................................................................................................................................................................................._1 34 J 403 5000 533 65 L1C23>sss U Fleart of tioynton lI ILK( -Water 100 000 1,000,000 $ 1,100,000 : J ............................................................................... 403 5000 65 L1C23ss rx,r.,r�.,. arx,ar.,cG.............................................................................................................'......................................................................................................................................................................................................................1 Heart of Boynton (MLK) -Sewer 35 .535 lmarv>+.emerx[s .........................._100.000...................._1:000.000.................................................................................................................._$........................_1.100:000., 403 5000 538 651 11C23>:rs Heart of Boynton (MLK) Stormw ater 100,000 1,000,000 $ 1,100,000: 36 ..... ............. m rowements 7'I arr131T513irnTtll'fll''f�7Cj'-19'E'CTa1711.e.0....................... ........................................................................................................................................................................................................................................................... 37 403 5000 65 L1C23xx 100,000 300,000 $ 400,000; 38 .533 Heart of Boynton [MILK] subtotal 400,000 3,300,000 - - 3-700,000 39 J j................ .............. ............... ............................................................................... I ....... .................:..................................................................................................................................................................................................................................................................................................................................1 Palm Ceach LelsurevlTle - 41ater sOJ 403 5000 _533... 65 L1C24xxw.yem WTaYfIYYJL�d ..........................................................................................................75.000...................._500.000........................................................................... _$..........................575,000.; at 403 5000 535 65 L1C24xx L'll"CLeISYYfIeV111Er"�YeWel 75,000 500,000 $ 575,000: d2J 403 5000 538 11C24ss 9aRmFieacFLelsurewl e-SCormwaker 75,000 500,000 $ 575,000 ,65,1 --- --- - ........... . ...... ........ ............�.w......:*� --------- ..... ... .. 'Utility' i „ ° p ;'r ,2, .2. ":.. -. -, � P FY2 _, .........III Illll!!WII194111I�V Ilam llii�_�oioull}glllyiIV1liiiillluu IIIIIIII Illi] Ill] llllli IIIIIIII IIIIII!. lluli I�.IIII II t .1 bII,Pt0.ulll f U#Illty CJP FY22 2 fb� A.c,ct} J#Ilut CIP FY2� 2&ur11r7a) w ,li pII`np II p�llli 11 h ,,,,,,,, ,,,,,,,,, ,,,,, ,,,,,,,,,1 VuuV�Vutiu�uVuum���IVuu�IIuIII�IIIIIuIIIIhVl�uuu'BouV�IIIVum'iIII�u�Illlu�umPl�umIn1111uuulluuullYuI�IV111uulVuuu��llllllllllluuulfu�lm Page 981 of 1276 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. #: 211048 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 05/04/21 VENDOR 9499 1 1.00 DL TASK 1 -PROJECT MANAGEMENT TASK 2- GEOTECHNICAL Task 3- Preparation of Construction .P1and .4rid Technical Specifications: Task 4n Permittlanq AGt-ivitie.s Task 5- Bidding Services PROCUREMENT SERVICES; Task 6- Public Engagement Services Task 6.1 Pro3ect Meetings Task 6.2 Neighborhood Outreach support Materials and activities Task 6.3 Schedule Coordinate and Conduct (2) Virtual Neighborhood Outreach Meetings Task 6.4 Neighborhood/Resident Easement Canvassing Task -6.5 Neighborhood Construction Notifications Task 6.6 Resident Communications Phone Line Task 6.7 Social Media flask-• 6 8 ' Proj pct. Webpage Task 7`.0 Services during Construction 83200.0000 183200.00 REMARKS: CONTRACT ## 046282117 TERM 09.06.2021 PROD UC2102 TASK ORDER # UT -3B-02 (SCOPE B) COQUINA COVE STORM WATER AND WATER MAIN IMPROVEMENTS I ,� P.O. TOTAL: M 183200.00 FLORIDA N SALES ALE 8TAX EXEMPTION X MPT ON IMPORTANT INS f 1WC 11ONS 1 RENDER RND E OR F A _ m .. .,o. .....,.. _ .... ABATE INVOICE FOR THIS EACH SHIPMENT THEREON OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL IMMEDIATELY FOLLOWING SHIPMENT. PACKAGES, TICKETS, INVOICES, STATEMENTS, AND THE CITY OF BOYNTON. BEACH IS EXEMPT FROM CORRESPONDENCE. 2PREPAID FREIGHT CHARGEABLE TO THE FEDERAL EXCISE TAXES: WHERE TAX APPLIES CITY OF BOYNTON BEACH MUST BE INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE MAIL INVOICES TO: SUPPORTED BY CARRIER'S RECEIPT. TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL FINANCIAL SERVICES DEPARTMENT BE FURNISHED UPON REQUEST BOYNTON B P.ACH FL 33425-0310 OX 310 3JNVOICES AND STATEMENTS SUBJECT TOmCASH DISCOUNT SPECIFIED, HEREON. ORIGINAL Page 982 of 1276 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. #: 211048 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 05/04/21 zmz�,. SHIP TO: TO: AECOM TECHNICAL SERVICES INC City Of Boynton Beach 6151 LAKE OSPREY DRIVE EAST UTILITY ADMIN THIRD FLOOR 124 E. WOOLBRIG14T ROAD SARASOTA, FL 34240 BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: 046282117 CONTRACT NO COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROCUREMENT SERVICES: <7 2-� P.O. TOTAL: FLORIDA STATE SALES TAX EXEMPTION IMPORTANT INSTRUCTIONS '1RENDER SEPARATE -I'N-V'O-'I'C-:E'FOR -THIS CERTIFICATE NO. 85-8012621544C-0 OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL ORDER OR FOR EACH SHIPMENT THEREON PACKAGES, TICKETS, INVOICES, STATEMENTS, AND 1 IMMEDIATELY FOLLOWING SHIPMENT. THE CITY OF BOYNTON BEACH IS EXEMPT FROM CORRESPONDENCE. 12PREPAID FREIGHT CHARGEABLE TO THE FEDERAL EXCISE TAXES; WHERE TAX APPLIES INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE MAIL INVOICES TO: CITY OF BOYNTON BEACH MUST 13E TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL FINANCIAL SERVICES DEPARTMENT SUPPORTED By CARRIER'S RECEIPT. BE FURNISHED UPON REQUEST P.O. BOX 310 3JNVOICES AND STATEMENTS SUBJECT BOYNTON BEACH, FL 33425-0310 ................ TO -CASH DISCOUNT SPECIFIED HEREON. ORIGINAL Page 983 of 1276 M. Consent Agenda 9/22/2022 Requested Action by Commission: Proposed Resolution No. R22-135 - Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY 2022-2023. Explanation of Request: The State requires that each year, the City Commission authorize the Grant Application and Agreement for State Aid to Public Libraries. Final grant award is based on City funds expended for Library Services in FY 2020-2021 ($2,997,296). Final grant award, which is estimated to be $59,724, will be announced in February 2023 and is based on State Legislature approval of State Aid Fund allocation to Libraries in the State of Florida. How will this affect city programs or services? This approval will qualify the Library to receive a State Aid Grant. The State Aid Grant program is designed to encourage communities to provide adequate local funding to support library service. These grant funds will help purchase future library technology equipment. Fiscal Impact: State Aid Grants are operational grants that bring additional library resources to the community. Grants formulas are based on local funds invested in library service. The more local money spent on Library Services, the higher the grant amounts. Alternatives: Do not approve and eliminate the Library from the State Aid Grant Program. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Yes Grant Amount: $59,724 Attachments: Type Description RE)S akAtioin aUlthor'iizliir:g th E) IMayor to sigin th E' RE)S()lLAti0111 RE)SilliEsir:t Il::::lloirida for CogUliir:a Cove, IDiraliir:a gE) Page 984 of 1276 1 RESOLUTION NO. R22-135 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 GRANT APPLICATION AND STATE AID TO LIBRARIES GRANT 6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 7 FLORIDA DEPARTMENT OF STATE FOR THE FISCAL YEAR 8 2022-2023; AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the State of Florida requires that the City of Boynton Beach authorize the 12 Grant Application and Agreement for Library State Aid each year; and 13 WHEREAS, final grant award is based on City funds expended for Library Services in FY 14 2020-2021 ($2,997,296); and 15 WHEREAS, the final grant award, which is estimated to be $59,724.00, will be 16 announced in February 2023 and is based on State Legislature approval of State Aid Fund 17 allocation to Libraries in the State of Florida; and 18 WHEREAS, upon recommendation of staff, the City Commission has determined that 19 it is in the best interests of the residents of the City to authorize the Mayor to sign the State 20 Aid to Libraries Grant Application and Agreement with the Florida Department of State, 21 Division of Library and Information Services for the Fiscal Year 2022-2023. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby S:ACA\RESO\Agreements\Grants\Library State Aid Grant 2022-23 - Reso.docx Page 985 of 1276 28 approve and authorize the Mayor to sign the State Aid to Libraries Grant Application and 29 Agreement with Florida Department of State, Division of Library and Information Services for 30 the Fiscal Year 2022-2023, a copy of which is attached hereto as Exhibit "A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ATTEST: 51 52 53 Maylee De Jesus, MPA, MMC 54 City Clerk 55 56 57 (Corporate Seal) 58 59 60 61 62 PASSED AND ADOPTED this 22nd day of September, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE YES NO Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\Library State Aid Grant 2022-23 - Reso.docx Page 986 of 1276 6.K. Consent Agenda 9/22/2022 Requested Action by Commission: Proposed Resolution No. R22-136 - Authorize the Interim City Manager to sign the grant agreement between the City of Boynton Beach and the State of Florida Department of Environmental protection for the Boynton Beach Eco Park project. Explanation of Request: The Florida Department of Environmental Protection awarded the City of Boynton Beach a match grant of $364,250.00 through its Recreational Trails Program to construct new accessible trails and amenities for the community. The Eco Park site, currently undeveloped will remain a passive, trail -based natural area with public access for walking, jogging, biking, and wheelchair use to provide local and visiting nature enthusiasts a well -needed respite from the bustling urban environment. The total amount of funding with city match is $728,500.00 and the city will have two years from the date of contract execution to complete the project. How will this affect city programs or services? This project meets a strategic priority of the city and provides additional safe and usable green spaces for the residents of Boynton Beach. Fiscal Impact: Grant funding for the development of Eco Park. Alternatives: Not accept the grant funding. Strategic Plan: Building Wealth in the Community, Public Health and Safety , Environmental Sustainability Strategic Plan Application: Grant funding as an additional funding source to develop Eco Park for community recreation and environmental sustainability. Climate Action Application: No climate action application. Is this a grant? Grant Amount: Attachments: Page 987 of 1276 Type wommm Ag ir'EsE) rTIE) II'l t Description RE)SOkAboin appiroviing IF::: ID IE F1 (3raint Agir'E)E)irTIE)l['It for ECO Park BoyintoinBE�,ach IC:: CO IFlairlk (':.)ir'aii'itAgir'EsEsirTIEsll'It Page 988 of 1276 1 RESOLUTION NO. R22-136 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER TO 5 SIGN THE GRANT AGREEMENT BETWEEN THE CITY OF BOYNTON 6 BEACH AND THE STATE OF FLORIDA DEPARTMENT OF 7 ENVIRONMENTAL PROTECTION FOR THE BOYNTON BEACH ECO PARK 8 PROJECT; AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, The Florida Department of Environmental Protection awarded the City of 12 Boynton Beach a match grant of $364,250.00 through its Recreational Trails Program to 13 construct new accessible trails and amenities for the community; and 14 WHEREAS, the Eco Park site, currently undeveloped will remain a passive, trail -based 15 natural area with public access for walking, jogging, biking, and wheelchair use to provide 16 local and visiting nature enthusiasts a well -needed respite from the bustling urban 17 environment; and 18 WHEREAS, this project meets a strategic priority of the city and provides additional 19 safe and usable green spaces for the residents of Boynton Beach; and 20 WHEREAS, upon recommendation of staff, the City Commission finds it in the best 21 interest of the citizens and residents of the City of Boynton Beach to approve and authorize 22 the Interim City Manager to sign the Grant Agreement between the City of Boynton Beach 23 and the State of Florida Department of Environmental protection for the Boynton Beach Eco 24 Park project. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as S:ACA\RESO\Agreements\Grants\EDEP Grant Agreement (ECO Park)- Reso.Docx Page 989 of 1276 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 Interim City Manager 31 to sign the grant agreement between the City of Boynton Beach and the State of Florida 32 Department of Environmental protection for the Boynton Beach Eco Park project, a copy of 33 which is attached hereto and incorporated herein as Exhibit "A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 22nd day of September, 2022. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor — Ty Penserga 41 42 Vice Mayor —Angela Cruz 43 44 Commissioner— Woodrow L. Hay 45 46 Commissioner — Thomas Turkin 47 48 Commissioner —Aimee Kelley 49 50 VOTE 51 52 ATTEST: 53 54 55 Maylee De Jesus, MPA, MMC Ty Penserga 56 City Clerk Mayor 57 58 APPROVED AS TO FORM: 59 (Corporate Seal) 60 61 Michael D. Cirullo, Jr. 62 City Attorney S:ACA\RESO\Agreements\Grants\EDEP Grant Agreement (ECO Park)- Reso.Docx Page 990 of 1276 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant ALyreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: Boynton Beach ECO Park T2110 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: City of Boynton Beach Entity Type: A Local Government Grantee Address: 100 East Ocean Avenue, Boynton Beach, FL 33435 FEID: 59-6000282 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution Two Years From Date of Execution 4. Project Number: T21010 Project Location(s): west of 1_95 off of Gateway Blvd & Quantum Blvd. (If clifferent from Agreement Number) Boynton Beach, FL 33425 Project Description: Site preparation and construction of S' x 6,311 L.R. (+/-10%) multi -use, hard -surface trail, S' x 250 L.R. (+/-10%) crushed rock nature trail, ADA 10' to 13' x 875 S.F. (+/-10%) hard -surface sidewalk with connection to existing parking lot, restoom facility, one (1) 24' x 30' covered pavilion, and four (4) 16' x 16' covered pavilions with the purchase and installation of educational signage. Total Amount of Funding + Grantee Match, if any: $728,500.00 6. Department's Grant Manager Grantee's Grant Manager Name: Lauren Cruz Name: Kacy Young or successor or successor Address: 3900 Commonwealth Boulevard Address: P.O. Box 310 MS 585 Tallahassee, FL 32399 Phone: 850-254-2681 Boynton Beach, FL 33425 Phone: 561-742-6236 Email: Lauren.Cruz@FloridaDEP.gov Email: YoungK@bbfl.us 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: W Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements W Attachment 2: Special Terms and Conditions C6 Attachment 3: Grant Work Plan 0 Attachment 4: Public Records Requirements W Attachment 5: Special Audit Requirements W Attachment 6: Program -Specific Requirements V Attachment 7: RTP21 Grant Award Terms (Federal) *Copy available at httL2s://facts.fldfs.com, in accordance with §215.985, F.S. 0 Attachment 8: Federal Regulations and Terms (Federal) �Z Additional Attachments (if necessary): Attachment 9: Form FHWA 1273 V Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form �Z Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo 0 Additional Exhibits (if necessary): Exhibit F: Appendices A&E; Exhibit G: 49 CFR 26.13; Exhibit H: Contractor Recipient General Terms and Conditions for Assistance Awards DEP Agreement No. T2110 Rev. 6/20/18 Page 991 of 1276 5. Total Amount of Funding: $364,250.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): ❑ State ZFederal RTP21 $364,250.00 ❑ State ❑Federal Z Grantee Match $364,250.00 Total Amount of Funding + Grantee Match, if any: $728,500.00 6. Department's Grant Manager Grantee's Grant Manager Name: Lauren Cruz Name: Kacy Young or successor or successor Address: 3900 Commonwealth Boulevard Address: P.O. Box 310 MS 585 Tallahassee, FL 32399 Phone: 850-254-2681 Boynton Beach, FL 33425 Phone: 561-742-6236 Email: Lauren.Cruz@FloridaDEP.gov Email: YoungK@bbfl.us 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: W Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements W Attachment 2: Special Terms and Conditions C6 Attachment 3: Grant Work Plan 0 Attachment 4: Public Records Requirements W Attachment 5: Special Audit Requirements W Attachment 6: Program -Specific Requirements V Attachment 7: RTP21 Grant Award Terms (Federal) *Copy available at httL2s://facts.fldfs.com, in accordance with §215.985, F.S. 0 Attachment 8: Federal Regulations and Terms (Federal) �Z Additional Attachments (if necessary): Attachment 9: Form FHWA 1273 V Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form �Z Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo 0 Additional Exhibits (if necessary): Exhibit F: Appendices A&E; Exhibit G: 49 CFR 26.13; Exhibit H: Contractor Recipient General Terms and Conditions for Assistance Awards DEP Agreement No. T2110 Rev. 6/20/18 Page 991 of 1276 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Numbers (FAIN): 12RECT021 Federal Award Date to Department. 3/11/22 Total Federal Funds Obligated by this Agreement: $364,250.00 Federal Awarding Agency: U.S. Department of Transportation - Federal Highway Administration Award R&D? ❑ Yes ON/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. City of Boynton Beach Grantee Name (Authorized Signature) Print Name and Title of Person Signing GRANTEE Date Signed State of Florida Department of Environmental Protection DEPARTMENT Secretary or Designee Print Name and Title of Person Signing ❑ Additional signatures attached on separate page. DEP Agreement No. T2110 Date Signed Rev. 6/20/18 Page 992 of 1276 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1of12 Rev. 06/21/2022 Page 993 of 1276 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement Attachment 1 2of12 Rev. 06/21/2022 Page 994 of 1276 the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. C. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridicfo.com/divisioli/aa/stLite-,igelicies. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www.liiyfloridacfo.com/divisioli/aa/state-agencies. corn/division/aa/state-agencies. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) Attachment 1 3of12 Rev. 06/21/2022 Page 995 of 1276 shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. Attachment 1 4of12 Rev. 06/21/2022 Page 996 of 1276 The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had Attachment 1 5of12 Rev. 06/21/2022 Page 997 of 1276 been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. Attachment 1 6of12 Rev. 06/21/2022 Page 998 of 1276 The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or Attachment 1 7of12 Rev. 06/21/2022 Page 999 of 1276 otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Enti . Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submitbids, proposals, orreplies on leases of real property to apublic entity; may notbe awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Attachment 1 8of12 Rev. 06/21/2022 Page 1000 of 1276 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.mvflorida.com/library-archives/records-managers Hent/general-records-schedules. 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; Attachment 1 9of12 Rev. 06/21/2022 Page 1001 of 1276 ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:A\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. Attachment 1 10 of 12 Rev. 06/21/2022 Page 1002 of 1276 c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable forperformance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Compensation Report. If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual Attachment 1 11 of 12 Rev. 06/21/2022 Page 1003 of 1276 reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 38. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 06/21/2022 Page 1004 of 1276 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. T2110 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Boynton Beach ECO Project. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on the Agreement Begin Date and ends on the Project Completion Date, as defined in Attachment 3. b. Extensions. There are two one-year extensions available to the Grantee, if requested in writing, for good cause, subject to the conditions in Rule 62S -2.075(7)(a), F.A.C. There are no other extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur after approval of the final delivereable(s). c. Advance Pa. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category © © Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑X ❑X a. Fringe Benefits, N/A. ❑X ❑X b. Indirect Costs, N/A. © © Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. © © Equipment © © Rental/Lease of Equipment ❑X ❑X Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. a. Pursuant to Paragraph 62S -2.076(1)(b), F.A.C., all equipment purchased with RTP funds is to be used for trail maintenance and construction purposes on those trails indicated in the Project application. The equipment shall be stored and maintained per the manufacturer's recommendations. The equipment shall be available for inspection by Department staff. i. On July 1 of each year, the Grantee will submit proof of insurance for the current fiscal year, and an annual report indicating the previous year's operating and maintenance schedule. ii. All equipment whose value is in excess of $5,000 remains property of FHWA and shall be surplused in accordance with their guidance. All equipment whose value has depreciated to less than $5,000 but greater than zero will be surplused in accordance with F.S. 274.05, Surplus Property. Should the equipment be lost Attachment 2 1 of 3 Rev. 5/20/2022 Page 1005 of 1276 or stolen, it is the Grantee's responsibility to replace the equipment at its current value, as determined by the Department. The Grantee shall be responsible for maintaining compliance with all state and federal equipment requirements. i. The Grantee shall comply with all federal equipment requirements set forth in 2 CFR §200.313, including property management and reporting requirements pursuant to 2 CFR §200.313(d), and paragraph S.B. of this Agreement. ii. The Grantee shall comply with the reporting and inventory requirements set forth in the Statewide Comprehensive Outdoor Recreation Plan (SCORP), available online lntll�S://flor�ici��cl�7�;,rro0v/l, Ks/florio, and hereby incorporated by reference, by updating the Florida Outdoor Recreation Inventory (FORT) system (lnttl�, //fly,ci��ci�l�v/t���1�/fl�icl���a cls ��s a�lzr� iznvFrrt�.)• iii. The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements The Agreement requires at least a 50% match on the part of the Grantee. Therefore, the Grantee is responsible for providing $364,250 through cash or third party in-kind towards the project funded under this Agreement. The Grantee may claim allowable project expenditures made 3/11/2022 or after for purposes of meeting its match requirement as identified above. Each payment request submitted shall document all matching funds and/or match efforts (i.e., in-kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. All required matching funds shall meet the federal requirements established in 2 CFR § 200.306 and other federal statutory requirements, as applicable. Grantee acknowledges and agrees to provide eligible match types as set forth in subsection 625-2.071(4)(b), F.A.C. Grantee acknowledges and agrees not to provide ineligible match sources which includes value of real property or inmate labor. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. Grantee shall provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Comprehensive General Liability Insurance. The Grantee shall provide adequate comprehensive general liability insurance coverage and hold such liability insurance at all times during the Agreement. The minimum limits shall be $200,000 for each person and $300,000 per occurrence. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation. The Grantee shall comply with the workers' compensation requirements of Chapter 440, F. S. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. Attachment 2 2of3 Rev. 5/20/2022 Page 1006 of 1276 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting. a. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. b. The Grantee shall physically attach: (1) Attachment 8, Contract Provisions for Department of Transportation (DOT) Funded Agreements; (2) Attachment 9, Form FHWA-1273, Required Contract Provisions Federal -Aid Construction Contracts; (3) Exhibit F, Appendices A and E; (4) Exhibit G, 49 CFR §26.13; and (5) Exhibit H, FHWA Contractors & Recipients General Terms and Conditions for Assistance Awards to all subcontracts executed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. None. Attachment 2 3of3 Rev. 5/20/2022 Page 1007 of 1276 ATTACHMENT GRANT WORK PLAN RECREATIONAL TRAILS PROGRAM (RTP) Project Name: Boynton Beach ECO Park Grantee Name: City of Boynton Beach RTP Project #T21010 SUMMARY: The Grantee will complete the Project Element(s), which were approved by the Department through the RTP Application Evaluation Criteria, pursuant to Chapter 62S-2, Florida Administrative Code (F.A.C.) and the FHWA Recreational Trails Program Interim Guidance Manual. Any alteration(s) to the Project Element(s) defined in the Grant Work Plan resulting in a change in the total point score of Grantee's Application as it appears on the RTP Advisory Committee's Priority List for FY2021-2022 is considered a significant change, must be pre -approved by the Department, and requires a formal Amendment to this Agreement. All work must be completed in accordance with laws, rules, and guidance including, but not limited to: local, state and federal laws, the approved Project plans, all required permits, the Florida Building Code and, as applicable, the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways ("Florida Greenbook" ). Prior to the Department issuing a Notice to Proceed to the Grantee, as specified in Attachment 6, Program Specific Requirements, the Department must receive evidence of and have approved all Deliverables in Task 1. The Department will designate the Project complete upon receipt and approval of all Deliverables and when Project site is open and available for use by the public for outdoor recreation purposes. The Department may retain ten percent (10%) of the Grant Award until the Grantee completes the Project and the Department approves the Completion Documentation set forth in paragraph 62S -2.075(7)(e), F.A.C. The final payment of the retained ten percent (10%) will be processed within thirty (30) days of the Project being designated complete by the Departm ent. For the purpose of this Agreement, the terms `Project Element" and `Project Task" are used interchangeably to mean an identified facility within the Project. The project is located at West of I-95 off Gateway Blvd & Quantum Blvd., Boynton Beach, FL 33425. This is a non -motorized, diverse -use project. BUDGET: Reimbursement for allowable costs for the Project may not exceed the maximum grant award amount outlined below. Required match will be provided by cash or in- kind services as set forth in subsection 62S-2.071(4), F.A.C. Grantee shall maintain an accounting system that meets generally accepted accounting principles and will maintain financial records to properly account for all Program and matching funds. The total estimated Project cost provided below is based on the approved RTP Application. A detailed Project cost analysis will be provided in the Deliverables for Task 1, prior to the Department issuing the Notice to Proceed. All final Project costs shall be submitted to the Department with the payment request. Maximum Grant Award Amount: $ 364,250 Required Grantee Match Amount: $ 364,250 Total Estimated Project Cost: $ 728,500 Match Ratio: 50:50 Scope of Work/Tasks within Deliverable I Deliverables I Due Date I Financial Consequences TASK 1 DELIVERABLE 1 I.A. Approval of required NEPA documentation I.A. Submission through SWEPT and approval of required Deliverable after The Department will terminate the by FDOT. NEPA documentation by FDOT. 180 days after Project Agreement if the required DEP Agreement No.: T2110, Attachment 3, Page I of 3 RTP _FY21-22 Rev. 2.11 22 Page 1008 of 1276 I.B. Development of Commencement I.B. All applicable Project specific Commencement Execution of Deliverables are not submitted and Documentation Checklist (OGT- 11)'. documentation, listed on Commencement Documentation Agreement approved by the Department. Checklist (OGT -11). Deliverables I.B. and I.C. I.C. A Cost Analysis Form, with detailed budget I.C. Cost Analysis Form with detailed budget (and/or In- 12 months after (and In -House Cost Schedule(s), if applicable). House Cost Schedule(s), if applicable). Execution of Agreement The Department will issue Notice to Proceed upon receipt and approval of deliverables 1.A., I.B. and I.C. Project planning expenses, such as application preparation, architectural and engineering fees, permitting fees, project inspection fees, and other similar fees are eligible for reimbursement. However, reimbursement, if requested, shall not to exceed fifteen percent (15%) of total Project cost, and shall be invoiced upon Project completion, in accordance with the Payment Request Schedule below. The Grantee may not proceed with construction of the Project until Notice to Proceed has been issued. TASK 2 DELIVERABLE 2 2.A. Development of Project Elements, including: The Grantee may request reimbursement upon Department No reimbursement will be made for receipt and approval of: Due 60 calendar Deliverable(s) deemed unsatisfactory by Site preparation and construction of 8' x 6,311 L.F. days days prior to the prior n the Department. Payment(s) will not be Facto (s (+/-10%) multi -use, hard -surface trail, 8'x 250 2.A. Development of required Project Elements. expiration of this will or incomplete made for unsatisfactory L.F. (+/-10%) crushed rock nature trail, ADA 10' Agreement which work. addition, a Task may be to 13'x 875 S.F. (+/-10%) hard -surface sidewalk 2.B. All applicable Project specific Completion shall also be the terminated for Grantee's failure to with connection to existing parking lot, restroom documentation listed on Project Completion Documentation project perform. facility, one (1) 24'x 30' covered pavilion, and Checklist (OGT -13). Completion Date' four (4) 16'x 16' covered pavilions with the purchase and installation of educational signage. 2.C. Final Status Report (DRP -109). 2.B. Development of Completion of Documentation Checklist (OGT -13). 2.C. Completion of Final Status Report (DRP - 109). DEP Agreement No.: T2110, Attachment 3, Page 2 of 3 RTP _FY21-22 Rev. 2.11 22 Page 1009 of 1276 Project Task Performance Standard: The Department's Grant Manager will review the Project Completion Certificate and the Deliverables to verify compliance with the requirements for funding under the Recreation Trails Program (RTP); approved plans and application approved for funding. Upon review and written acceptance by the Department's Grant Manager of the Project Completion Certification and the Deliverables, the Grantee may proceed with the payment request submittal. Payment Request Schedule: Following Department approval of Project Deliverables, the Grantee may submit a single payment request on Payment Request Summary Tom (DRP -115) along with all required documentation as outlined in the Financial Reporting Procedures (DRP -110), as applicable, to support payment. A payment request submitted as part of the reimbursement process must correspond with the Cost Analysis and supporting documents provided under Project Tasks. The payment request must include documentation regarding the match source, as required. Endnotes: 1. RTP documentation is available at h is://floridadeLi.gov/lands/land-and-recreation-giants/content/rtp-assistance and/or, Land and Recreational Grants Section, State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, M.S. 585, Tallahassee, Florida 32399-3000. 2. Project Agreement is subject to termination if NEPA documents under Task 1 are not received and approved by FDOT within 6 months of the Project Agreement execution. 3. Project Agreement is subject to termination if Commencement documents under Task 1 are not received and approved by the Department within 12 months of the Project Agreement execution. 4. This time period may be extended within the parameters of the RTP and/or FHWA federal guidelines, upon written request of the Grantee and approval by the Department. DEP Agreement No.: T2110, Attachment 3, Page 3 of 3 RTP _FY21-22 Rev. 2.15.22 Page 1010 of 1276 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email:yubbc.services(c floridadey.yov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 Page 1011 of 1276 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may he referred to as the 'Department", 'DEP", "EDEP" or "Grantor", or other name in the agreement) to the recipient (which may he referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART L• FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.efcla.gov Attachment 5 1 of 6 BGS -DEP 55-215 revised 12/14/2020 Page 1012 of 1276 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://api2s.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at htti)://wwwleg.state.fl.us/Welcome/index.cfin, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/aud en/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2of6 BGS -DEP 55-215 revised 12/14/2020 Page 1013 of 1276 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hit p://harvester. census. gov/facweb/ Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEP SingleAudit(a),dep. state. fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditor.�4ov/ provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEP SingleAuditLiAeg. state. fl.us Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3of6 BGS -DEP 55-215 revised 12/14/2020 Page 1014 of 1276 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of rive (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 BGS -DEP 55-215 revised 12/14/2020 Page 1015 of 1276 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note: If the resources mvarded to the recipient represent more than one federal program, provide the some information shown below for each federal program and show total federal resources mvarded Federal Resources Awarded to the Reci fent Pursuant to this Agreement Consist of the Following: First Compliance requirement: i.e.: (what services of purposes resources must be used for) Federal Program A Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category Original Agreement U.S. Department of Transportation — Federal Highway Administration 20.219 Recreational Trails Program $ 364,250.00 140185 Etc. Federal Program B Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in the some manner as shown below: Federal Program A First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Etc. Attachment 5, Exhibit 1 5of6 BGS -DEP 55-215 R,i.d7/2019 Page 1016 of 1276 Note: If the resources mvarded to the recipient for matching represent more than one federal program, provide the some information shown below for each federal nrovram and show total state resources mvarded for matching. StateResources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: Federal Program A Federal Agency CFDA CFDA Title State Appropriation Funding Amount Category CSFA Title or Funding Source Description State Appropriation Funding Amount Category Federal Program B Federal Agency CFDA CFDA Title State Appropriation Fundin Amount Category Note: If the resources mvarded to the recipient represent more than one state project, provide the some information shown below for each state project and show total state financial assistance mvarded that is subiect to section 215.97, F.S. State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program A State Awarding Agency State Fiscal Year' CSFA Number CSFA Title or Funding Source Description State Appropriation Funding Amount Category State Program B State Awarding Agency State Fiscal Year CSFA Number CSFA Title or Funding Source Description State Appropriation Funding Amount Cate o Total Award 364 250.00 Note: List applicable compliance requirement in the some manner as illustrated above for federal resources. For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicablefederal programs. Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one ,grouping (i.e. 1, 2, 3, etc.) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [vvww.efda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [httLis://apps.fldf.s.com/fsaa/searchCatal2g.,tspx], and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [httiis://agps.fldfs.com/fsaa/state project compliance.aspx]. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. Subject to change by Change Order. Subject to change by Change Order. Attachment 5, Exhibit 1 6of6 BGS -DEP 55-215 R,i.d7/2019 Page 1017 of 1276 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM SPECIFIC REQUIREMENTS FOR THE RECREATIONAL TRAILS GRANT PROGRAM ATTACHMENT 6 1. Project Submittal Forms. Administrative Forms, Reimbursement Forms and guidelines referenced in this Agreement may be found at 1nLt1� „//ll �ic;tcl�l� ,v/i ncl /la�r�cl �r �� rF crtin rant /s r tF r�k � ; a1 S M F;;, or by contacting the Department's Grant Manager. 2. Notice to Proceed. Prior to commencement of Project, the Grantee shall submit to the Department for approval all documentation and completion of responsibilities listed on the Commencement Documentation Checklist, OGT -11. In addition to the Checklist items, the Grantee shall submit a copy of the executed subcontract to the Department. Upon satisfactory approval by the Department, the Department will issue written "Notice to Proceed" to the Grantee to commence the Project. The Grantee SHALL NOT proceed until the Department issues the "Notice to Proceed". The Grantee shall commence Task 2 Performance within ninety (90) days after the "Notice to Proceed" is issued by the Department, unless the Grantee requests an extension in writing for good cause, in accordance with the requirements of Rule 62S -2.075(7)(a), F.A.C. Until the Department issues the "Notice to Proceed," the Department is not obligated to reimburse Grantee for fees, costs or general expenses of any kind. 3. RTP Guidelines. i. This Agreement must be performed according to all applicable state and federal guidelines, including but not limited to, 23 U.S.C. § 206, Chapter 260, F.S., Chapter 62S-2, F.A.C., and the FHWA Recreational Trails Program Interim Guidance Manual (Manual). The Grantee acknowledges that receiving this grant does not guarantee that a federal, state, or local permit will be issued for a particular activity to complete the Project. Further, the Grantee agrees to ensure that Grantee has obtained all necessary permits prior to implementing any Grant Work Plan activity that may fall under applicable federal, state, or local laws. ii. The Department will terminate this Project Agreement if the Commencement Documentation is not received and approved by the Department within twelve (12) months of this Project Agreement's execution. The Department may extend this time period for good cause, such as a natural disaster, pursuant to subparagraph 62S -2.075(7)(d)3, F.A.C. All awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards found in 2 CFR part 200, as adopted by USDOT at 2 CFR part 1201 4. The Grantee's compliance with the applicable provisions of Florida Department of Transportation's (FDOT) Project Development and Environmental Manual (PD&E Manual), hereby incorporated by reference constitutes compliance with National Environmental Policy Act (NEPA) standards as more fully implemented pursuant to subsection 62S-2.074(1), F.A.C. The Department will terminate the Project Agreement if FHWA does not approve the required NEPA documentation. 5. The following hereby replaces paragraph 8.d, Attachment 1, Standard Terms and Conditions: d. Reimbursement for Costs. Project costs will be reimbursed as provided in paragraph 62S -2.075(3)(a), F.A.C. and in the Project Agreement. The Grantee must incur costs between the effective date of, and the Project Completion Date identified in, the Project Agreement, except for Pre -agreement expenses. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: Inttl� //vvww �;nx However, unless the Department issues the "Notice to Proceed," the Department is not obligated to reimburse Grantee for fees, costs or general expenses of any kind. Attachment 6 1 of 4 Rev. 8/11/22 Page 1018 of 1276 Pre -agreement Expenses means expenses incurred by a Grantee for an eligible RTP project after authorization by Federal Highway Administration (FHWA) but before full execution of the Agreement. RTP funds remaining after termination of a grant award or completion of Project will revert to the State's program funds under the provisions of the federal Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law) and subsection 625-2.075(6), F.A.C. All funds not paid out after four (4) years will revert to FHWA pursuant to paragraph 62S -2.075(7)(a), F.A.C. The Grantee will be entitled to reimbursement of eligible Pre -agreement Expenses for expenses incurred after the Department provides notice of Project approval and before the effective date of this Agreement. 6. The following hereby replaces paragraph 81, Attachment 1, Standard Terms and Conditions: h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature & the FHWA. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature & the FHWA reduces or eliminates appropriations. It is further understood that Grant Awards may be revised by the Department due to the availability of RTP Program Funds. 7. The following hereby adds to paragraph 8, Attachment 1, Standard Terms and Conditions: k. Project Costs. The Department will reimburse Project costs pursuant to paragraph 62S -3.075(3)(a), F.A.C., and as provided herein. The Grantee must incur all reimbursable Project costs between the Agreement Effective Date and the Project Completion Date. If the total cost of the Project exceeds the grant amount and the required match, the Grantee must pay the excess cost. 1. Cost Limits. Pursuant to paragraph 62S -2.075(3)(b), F.A.C., project planning expenses, such as application preparation, , architectural and engineering fees, permitting fees, project inspection fees, and other similar fees are eligible Project costs provided that such costs do not exceed fifteen percent (15%) of the total Project cost. These costs must be incurred between the Agreement Begin Date and the Project Completion Date. i. Applicants may seek reimbursement for costs related to the required approval under the National Environmental Policy Act ("NEPA"). These expenses are considered planning expenses, and are included in the 15% of total Project cost limit set forth in Rule 62S -2.075(3)(b), F.A.C. All eligible planning expenses related to NEPA approval must be incurred within 180 days of the Effective Date of the Agreement. 8. The following replaces paragraph 10, Attachment 1, Standard Terms and Conditions: Status Reports. i. The Grantee must utilize Exhibit A, Project Status Report, DRP -109, available online and incorporated herein by reference, to describe the work performed during the reporting period, problems encountered, problem resolutions, schedule updates, and proposed work for the next reporting period. The Project Status Reports must be submitted to the Department's Grant Manager no later than January 5, May 5, and September 5. The Department's Grant Manager will have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. ii. Additionally, the Grantee must comply with the reporting and inventory requirements set forth in the Statewide Comprehensive Outdoor Recreation Plan (SCORP), available online: ln�tl�. //il ��cl t;c F l��wjKs/f arida scor1�;;; Qij.(doop i. -.e c i;li r� fl ,��c;i; and hereby incorporated by reference, by updating the Florida Outdoor Recreation Inventory (FORI) system (1�1C::ls //pl .:1ci� d Is,,. �rw/tsa:��„14 /pl�rri;c, �r�alcf r rrrrcrF a�(z�rra zr1wF raC�rl.y)• 9. Site Dedication. i. The Grantee agrees to dedicate for ninety-nine (99) years the Project Site and all land within the Project boundaries, which is developed or acquired with RTP Program Funds, as an outdoor recreational area for the use and benefit of the general public in accordance with Rule 62S-2.076, F.A.C. Land under control other than by ownership of the Grantee (e.g., by lease) must be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum of twenty-five (25) years from the Project Completion Date as set forth in the Project Completion Certificate. The lease must not be revocable at will; must extend for twenty-five (25) years after Project Completion Date; and must include safeguards to ensure the use requirement enabling the Grantee to dedicate the land for the twenty-five (25) year period. Safeguards include such things as joint sponsorship of the Project or an agreement between the Parties that the lessor will assume compliance responsibility for the Project Site in the event of default by the lessee (Grantee) or termination or expiration of Attachment 6 2of4 Rev. 8/11/22 Page 1019 of 1276 the lease. The dedication must be recorded in the county's public property records by the Grantee, or in the case of a nonprofit Grantee, by the land owner. Execution of this Agreement by the Department constitutes an acceptance of a Project Site dedication on behalf of the general public of the State of Florida. The Project Site(s) must be open at reasonable times and must be managed in a safe and attractive manner. The Grantee must obtain Department approval prior to any development of facilities on the Project Site. This Agreement is not transferable. ii. Should the Grantee's interest in the land change, either by sale, lease, or other written legal instrument, the Grantee is required to notify the Department in writing of the change no later than ten (10) days after the change occurs, and the Grantee is required to notify all subsequent parties with interest to the land of the terms and conditions as set forth in this Agreement. 10. Management of Project Site. i. Site Inspections. Grantees must ensure by site inspections that facilities on the Project Site are being operated and maintained for public outdoor recreational purposes for a period of twenty-five (25) years from the Project Completion Date set forth in the Project Completion Certificate. The Project Site must be open at reasonable times and managed in a safe and attractive manner. ii. Non -Compliance. The Department will terminate an Agreement and demand return of the program funds (including interest) if a Grantee fails to comply with the terms stated in the Agreement. If the Grantee fails to comply with the Agreement, the Department will declare the Grantee ineligible for further participation in RTP until such time as the Grantee comes into compliance. iii. Public Accessibility. All facilities must be accessible to the public on a non-exclusive basis without regard to age, gender, race, religion, residence, or ability level. iv. Entrance Fees. Grantees may charge user fees for the Project Site, as described in the Manual. Reasonable differences in entrance fees for RTP projects may be allowed on the basis of residence, but only if the Grantee can clearly show that the difference in entrance fees reflects, and is substantially related to, all economic factors related to park management, and is not simply related to the amount of tax dollars spent by the residents for the park; and that a definite burden on the Grantee in park maintenance costs clearly justifies a higher fee for nonresidents. 11. Procurement Requirements for Grantee. The Grantee must secure all goods and services for accomplishment of this Project according to its adopted procurement procedures and applicable federal requirements identified in the FHWA Recreational Trails Guidance Manual. 12. Project Completion Certification. Project completion means the Project is open and available for use by the public. To certify completion, the Grantee will submit to the Department the Project Completion Certification, OGT -14, available online and incorporated herein by reference. The Project must be designated complete prior to release of final reimbursement. 13. Good Cause Extensions. The Department staff will only extend this Agreement for good cause such as financial hardship, public controversy, material shortage, unexpected weather conditions, or other major factors beyond Grantee's control. 14. Signage. The Grantee must erect a permanent information sign on the Project site which credits funding or a portion thereof, to the Florida Department of Environmental Protection and the Recreational Trails Program. The sign must be made of appropriate materials, which will be durable for a minimum of twenty-five (25) years after the Project is complete. The sign must be installed on the Project site and approved by the Department before the final Project reimbursement request is processed. 15. Termination and Ineligibility. In addition to the remedies provided elsewhere in this Agreement, if the Grantee materially fails to comply with the terms stated in this Agreement or with any provisions of Chapter 625-2, F.A.C., the Department shall terminate this Agreement and demand return of the program funds (including interest) and any equipment purchased with grant funds that has not been properly disposed of in accordance with the federal property management requirements set forth in 2 CFR Part 200, Subpart D (§§ 200.310 through 200.316). Furthermore, the Department shall declare the Attachment 6 3 of 4 Rev. 8/11/22 Page 1020 of 1276 Grantee ineligible for further participation in RTP until such time as compliance has been obtained pursuant to subsection 62S-2.076(4). 16. Conversion. This Project Site acquired and/or developed with RTP assistance must be retained and used for public outdoor recreation. Should the Grantee, within the periods set forth in subsections 62S-2.076(1) and (2), F.A.C., convert all or part of the Project Site to other than public outdoor recreational uses, the Grantee must replace the area, facilities, resource, or Project Site at its own expense with an acceptable project of comparable, scope, and quality. 17. Monitoring. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Transportation (FDOT) and FHWA. The Grantee also grants the FDOT and FHWA the same monitoring rights it has agreed to provide the Department. 18. Compliance with FDOT Disadvantaged Business Enterprise (DBE) Program. The Department and the Grantee adhere to FDOT's DBE program on all FHWA-assisted contracts in accordance with 49 CFR Part 26.21 and the FDOT DBE Program Plan. DBE participation on FHWA-assisted contracts in Florida must be achieved through race -neutral methods. `Race neutral' means that the DEP can likely achieve the overall state DBE goal of 10.65% through ordinary procurement methods. Therefore, no specific DBE contract goal may be applied to this project. Nevertheless, the Department is committed to supporting the identification and use of DBEs and other small businesses and encourages all reasonable efforts to do so. Furthermore, the Transportation Planning Organization recommends the use of certified DBE's listed in the Florida Unified Certification Program (UCP) DBE Directory, who by reason of their certification are ready, willing, and able to provide and assist with the services identified in the scope of work. Assistance with locating DBEs and other special services are available at no cost through FDOT's Equal Opportunity Office DBE Supportive Services suppliers. More information is available by visiting WlV://www;..... �fg0-.444.4750.5 ;... Attachment 6 4of4 Rev. 8/11/22 Page 1021 of 1276 ATTACHMENT 8 Contract Provisions for Department of Transportation (DOT) Funded Agreements The Department, as a Non -Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term "Recipient" shall mean "Grantee." Further, the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all lower tier subrecipients, and to comply with the provisions of the award, including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore, Grantees must include these requirements in all related subcontracts and/or sub -awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub -awards, however for all such subcontracts and sub -awards, the Grantee shall assume the role of the Non -Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative, Contractual, and Legal Remedies The following provision is required if the Agreement is for more than $150,000. In addition to any of the remedies described elsewhere in the Agreement, if the Recipient materially fails to comply with the terms and conditions of this Contract, including any Federal or State statutes, rules or regulations, applicable to this Contract, the Non -Federal Entity may take one or more of the following actions. A. Temporarily withhold payments pending correction of the deficiency by the Recipient. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Contract. D. Take other remedies that may be legally available. The remedies identified above, do not preclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non -Federal entity shall have the right to demand a refund, either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunity Clause The following provision applies if the agreement meets the definition of "federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Recipient agrees as follows: i. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which Attachment 8 1 of 5 Rev. 9/29/2021 Page 1022 of 1276 an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information. iv. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 4. Davis Bacon Act If the Agreement is a prime construction contract in excess of $2,000 awarded by the Recipient, and if required by the Federal Legislation, the Recipient must comply with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must pay wages not less than once a week. The Recipient must comply with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each Recipient or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic Attachment 8 2of5 Rev. 9/29/2021 Page 1023 of 1276 must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Rights to Inventions Made Under Agreement If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the Non - Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Non -Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7. Clean Air Act (42 U.S.C. 7401-7671q.), the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), and EPA Regulations If the Agreement is in excess of $100,000, the Recipient shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and by the EPA (40 CFR Part 15). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). 8. Debarment and Suspension (Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." 9. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the Recipient shall disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award, using form SF-LLL, available at: https://apply07.grants.gov/apply/forms/sample/SFLLL 1 2 P-VI.2.pdf. 10. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. 11. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. See Section 889 of Public Law 115-232 (National Defense Authorization Act 2019). Also, see 2 CFR 200.216 and 200.471. 12. Domestic Preferences for Procurement The Recipients and subrecipients must to the greatest extent practical give preference to the purchase, acquisition, or use of goods, products, or materials produced in the United States in accordance with 2 CFR 200.322. ADMINISTRATIVE 1. General Federal Regulations Recipients shall comply with the regulations listed in 2 CFR 200, 48 CFR 31, and 40 U.S.C. 1101 et sequence. 2. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C. 200 through 212. 3. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) Recipients, their employees, subrecipients under this award, and subrecipients' employees may not: A. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; Attachment 8 3 of 5 Rev. 9/29/2021 Page 1024 of 1276 B. Procure a commercial sex act during the period of time that the award is in effect; or C. Use forced labor in the performance of the award or subawards under the award. 4. Whistleblower Protection Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective December 14, 2016 has been permanently extended (Public Law (P.L.) 114-261). A. This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712. C. The Recipient shall insert this clause, including this paragraph C, in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause, including this paragraph C in any subawards and contracts awarded prior to the effective date of this provision. 5. Notification of Termination (2 CFR § 200.340) In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes, regulations or the terms and conditions of this Agreement or the Federal award, the termination shall be reported to the Office of Management and Budget (OMB) -designated integrity and performance system, accessible through System for Award Management (SAM) currently the Federal Awardee Performance and Integrity Information System (FAPIIS). The Non -Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination. 6. Additional Lobbying Requirements A. The Recipient certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. B. The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seq.), prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant (and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award, grant (and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. C. Pursuant to 2 CFR §200.450 and 2 CFR §200.454(e), the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. COMPLIANCE WITH ASSURANCES 1. Assurances Recipients shall comply with any and all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. FEDERAL REPORTING REQUIREMENTS 1. FFATA Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after October 1, 2015, are subject to the FFATA the Federal Funding Accountability and Transparency Act ("FFATA") of 2006. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USAS12endin�4.gov. The Grantee agrees to provide the information necessary, within one (1) month of execution, for the Department to comply with this requirement. DEPARTMENT OF TRANSPORTATION -SPECIFIC Attachment 8 4of5 Rev. 9/29/2021 Page 1025 of 1276 2. DOT Regulations Recipients shall comply with the following regulations: 2 CFR 1200-1201, 23 CFR 200, 49 CFR 17, 49 CFR 20-21, 49 CFR 25-28. 3. Retention and Access Requirements for Records Pursuant to 49 CFR § I8.37(a)(3), for cost reimbursement subgrants of any tier, Recipients and subrecipients shall comply with the record retention and access requirements of 49 CFR § 18.42. 4. Energy Efficiency Policies Recipients must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 5. Drug-Free Workplace The Department must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 49 CFR 32. Additionally, in accordance with these regulations, the recipients must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. 6. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act As applicable, Recipient shall comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) to provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 7. Payments to Subcontractors The Recipient must pay all subcontractors within 30 days of receipt of payment in accordance with 49 CFR 26.29. If retainage is withheld, the Department may make prompt and regular incremental acceptances of portions of the Agreement and pay retainage to Recipients based on these acceptances. Further, the Recipient must pay all retainage owed to the subcontractors for satisfactory completion of the accepted work within 30 days after your payment to the Recipient. 8. Additional Assurances Consistent with 49 CFR 26.13(a) and (b), neither the Department nor the Recipient or any sub-recipient or subcontractor shall discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Recipient shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the Recipient to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate, which may include, but is not limited to: A. Withholding monthly progress payments; B. Assessing sanctions; C. Liquidated damages; and/or D. Disqualifying the contractor from future bidding as non-responsible. FEDERAL HIGHWAY ADMINISTRATION-SPECIFIC 1. Federal Highway Administration (FHWA) Contractors & Recipients General Terms and Conditions for Assistance Awards Recipients shall comply with FWHA Contractors & Recipients General Terms and Conditions for Assistance Awards available at https://www.f-iwa.dot.gov/cfo/contractor reci/gtandc®generaltennsconditions.cfiu, and incorporated by reference. 2. Contract Provisions If the Project meets the definition of a "Federal Aid Construction Project," Form FHWA-1273 Required Contract Provisions, available at https://www.f-iwa.dot.gov/constructioli/c-qit/fonn1273.cfin and incorporated by reference, must be physically incorporated into each contract and subcontract. RECREATIONAL TRAILS PROGRAM-SPECIFIC 1. Recreational Trails Program Guidance Recipients shall comply with the applicable requirements of Recreational Trails Program Guidance available at https://www.fhwa.dot.gov/enviromnent/recreational®trails/guidance/index.cfiu, and incorporated by reference. Attachment 8 5 of 5 Rev. 9/29/2021 Page 1026 of 1276 ATTACHMENT REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FHWA-1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under Page 1027 of 1276 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are Page 1028 of 1276 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor Page 1029 of 1276 will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or Page 1030 of 1276 will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. Page 1031 of 1276 (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. Page 1032 of 1276 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. Page 1033 of 1276 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: Page 1034 of 1276 "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.g2v/), which is compiled by the General Services Administration. Page 1035 of 1276 i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms 'covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions' refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant' refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.g2v/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 10 Page 1036 of 1276 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension; Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal 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. b. 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 Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. 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 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. m Page 1037 of 1276 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 12 Page 1038 of 1276 Florida Department of Environmental Protection Recreational Trails Program y; Project Status Report Required Signatures: Adobe Signature Project Name: Boynton Beach ECO Park Project Sponsor: City of Boynton Beach Project Number: T21010 Identify primary and support recreation areas and facilities to be constructed. (50% of total costs must be in primary facilities). PROVIDE PHOTOS OF WORK IN PROGRESS PRIMARY FACILITIES/ELEMENTS: Project Elements Work Accomplished % Completed DRP -109 (Effective 05-22-2015) Page I of 2 Page 1039 of 1276 SUPPORT FACILITIES/ELEMENTS: Project Elements Work Accomplished % Completed PROBLEMS ENCOUNTERED: Period Covered (Check Appropriate Period): LIAISON Signature DRP -109 (Effective 05-22-2015) January through April: Due May 5"' May through August: Due September 5"' September through December: Due January 5"' Date Page 2 of 2 Page 1040 of 1276 Required Signatures: Original Inti Grantee: City of Boynton Beach Grantee's Grant Manager: Mailing Address: DEP Agreement No.: Date Of Request: Task/Deliverable Amount Requested:$ Payment Request No.: Performance Period: Task/Deliverable No.. GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant throw4h End -of -Grant Period] GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Grantees Fiscal Agent Print Name Print Name Telephone Number Telephone Number BGS - DEP 55-223 (Effective 10-30-2013) Page 1 of 1 Page 1041 of 1276 AMOUNT OF TOTAL MATCHING TOTAL CATEGORY OF THIS CUMULATI FUNDS CUMULATI EXPENDITURE REQUEST VE VE PAYMENTS MATCHING FUNDS Salaries $ $ $ $ Fringe Benefits $ $ $ $ Travel (if authorized) $ $ $ $ Subcontracting: Planning $ $ $ $ Design $ $ $ $ Construction $ $ $ $ Equipment Purchases $ $ $ $ Supplies/Other Expenses $ $ $ $ Land $ $ $ $ Indirect $ $ $ $ TOTAL AMOUNT $ $ $ $ TOTAL TASK BUDGET $ $ AMOUNT Less Total Cumulative Payments $ $ Jill of: TOTAL REMAINING IN TASK $ $ GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Grantees Fiscal Agent Print Name Print Name Telephone Number Telephone Number BGS - DEP 55-223 (Effective 10-30-2013) Page 1 of 1 Page 1041 of 1276 EXHIBIT F APPENDICES A and E During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: (1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. (2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. (4.) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the 2 Page 1042 of 1276 Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Page 1043 of 1276 EXHIBIT G 49 CFR 26.13 - What assurances must recipients and contractors make? 0 eCFR • Authorities (U.S. Code) • What Cites Me p.Eev I next § 26.13 What assurances must jg�cjp� and contractors make? (a) Each financial assistance agreement you sign with a DOT operating administration (or a primary recipient) must include the following assurance: The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT - assisted contract or in the administration of its DBEVLggram or the requirements 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBEpjoff, as required by 49 CFRDart 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this pIggram is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approvedVLoj gram, the Department may impose sanctions as provided for under 49 CFRpart 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 ( 31 U.S.C. 3801 et seq.). (b) Each contract you sign with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non -responsible. [ 79 FR 59593, Oct. 2, 2014] Page 1044 of 1276 Contractors & Recipients General Terms and Conditions for Assistance Awards I Federal ... Page 1 of 14 Exhibit H U.S. Department of Transportation Federal Highway Administration 1200 New Jersey Avenue, SE Washington, DC 20590 202-366-4000 DOING BUSINESS WITH FHWA Awai"ds Effective Date: March 6, 2015 (for awards effective after June 22, 2015) DEFINITIONS AO Agreement Officer AS Agreement Specialist AOR Agreement Officer's Representative Agreement Grant Agreement or Cooperative Agreement CFR Code of Federal Regulation FAR Federal Acquisition Regulation FHWA The Federal Highway Administration OMB Office of Management and Budget Page 1045 of 1276 https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_generaltermsconditions.cfm 2/18/2020 Contractors & Recipients General Terms and Conditions for Assistance Awards I Federal ... Page 2 of 14 1. GOVERNING REGULATIONS Performance under this Agreement will be governed by and in compliance with the following regulations: 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." 2 CFR Part 200 will be applicable to all non—federal entities as a default position, and that any determination not to apply 2 CFR Part 200 subparts A through E to for—profit entities, foreign public entities, or foreign organizations will be made in writing and identify the basis for that determination. Cost Principles For-profit Organizations: 48 CFR 31 (Federal Acquisition Regulations) Subpart 31.2 2. SECTION 508 OF THE REHABILITATION ACT OF 1973 While the requirements of Section 508 of the Rehabilitation Act of 1973, as amended, do not apply to assistance agreements, the FHWA is subject to the Act's requirements that all documents posted on an FHWA or FHWA-hosted website comply with the accessibility standards of the Act. Accordingly, final deliverable reports prepared under this Agreement and submitted in electronic format must be submitted in a format whereby FHWA can easily meet the requirements of Section 508 of the Rehabilitation Act of 1973, as amended. NOTE: Quarterly Progress Reports and financial reports are not considered final deliverables and therefore the following requirements do not apply. Accessibility Requirements: Section 508 of the Rehabilitation Act of 1973 All electronic documents prepared under this Agreement must meet the requirements of Section 508 of the Rehabilitation Act of 1973, as amended. The act requires that all electronic products prepared for the Federal Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments. View Section 508 of the Rehabilitation Act h�� .�alwww.acce�s�s::::b2� l 1. 2� L508/508�s- andards.h-tiTi - PART 1194 and the Federal IT ( ......................... ... ................. ............ ............ ............. ....... ........ ......................................................................... ..............................) Accessibility Initiative Home Page ( �1� //sec.'!I n508. 2L) for detailed information. The following paragraphs summarize the requirements for preparing F14WA reports in conformance with Section 508 for eventual posting by FHWA to an FHWA-sponsored website. a. Electronic documents with images Provide a text equivalent for every non -text element (including photographs, charts and equations) in all publications prepared in electronic format. Use descriptions such as "alt" and "longdesc" for all non -text images or place them in element content. For all documents prepared, vendors must prepare one standard HTML format as described in this statement of work AND one text format that includes descriptions for all non -text images. "Text equivalent" means text sufficient to reasonably describe the image. Images that are merely decorative require only a very brief "text equivalent" description. However, images that Page 1046 of 1276 https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_generaltermsconditions.cfm 2/18/2020 Contractors & Recipients General Terms and Conditions for Assistance Awards I Federal ... Page 3 of 14 convey information that is important to the content of the report require text sufficient to reasonably describe that image and its purpose within the context of the report. b. Electronic documents with complex charts or data tables When preparing tables that are heavily designed, prepare adequate alternate information so that assistive technologies can read them out. Identify row and column headers for data tables. Provide the information in a non-linear form. Markups will be used to associate data cells and header cells for data tables that have two or more logical levels of row and column headers. c. Electronic documents with forms When electronic forms are designed to be completed on-line, the form will allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues. Draft documents developed under this Agreement will be delivered as electronic files compatible with Microsoft Word 2000, or verified to be error free when read using Microsoft Word 2000 and Adobe PDF formats. Any other electronic format will receive prior approval from the AOR. With prior approval of the AOR, artwork or graphics not embedded in the electronic (MS Word) document may be submitted in camera ready format. Deliverables must follow the Turner Fairbanks Highway Research Center (TFHRC) Communications Reference Guide (hg� //www l`l a do:�..: 2 y/p Ll�luca-tu' ins/research/ penera1/0 �0"i4/u��dex cfiT) unless otherwise indicate in this scope of work. The final deliverables under this Agreement must comply with Section 508 of the Rehabilitation Act and the Access Board Standards available online at: t�1�,// ! ,s � t ��u� � 2; L. Unless otherwise indicated, the Recipient represents by signature on this Agreement that all deliverables will comply with the Access Board Standards. Final documents will be delivered in Microsoft Word 2000, PDF, and HTML formats. These documents will be prepared in electronic GPO - required format and will meet the Section 508 requirements to allow them to be posted and viewed on the Internet. Files should be organized so that they are readable without requiring an associated style sheet. The html versions will include a text equivalent description (e.g., via "alt", "longdesc", or in element content) for every non -text (e.g., graph, table, photo, diagram, etc.) element in the document. The best location for information on regulations for 36 CFR 1194, which implements Section 508 of the Rehabilitation Act of 1973, as amended, is at h It[2.;// w.access e/undex h!ITl. If the information center website existed before the effective date of this Agreement, information presented prior to the date of execution of this Agreement does not need to be modified to comply with Federal accessibility requirements. However, if a web page is modified or updated during this Agreement's period of performance, the modified or updated page must be presented in accessible format. 3. RESPONSIBILITIES OF THE RECIPIENT The Recipient will provide overall program management. Specifically, the Recipient will be responsible for the following, as a minimum: Page 1047 of 1276 https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_generaltermsconditions.cfm 2/18/2020 Contractors & Recipients General Terms and Conditions for Assistance Awards I Federal ... Page 4 of 14 • Meeting with the AOR as necessary. • Participating in a kick-off meeting with the AO and/or the AOR to discuss agreement expectations and procedures. • Participating in meetings via teleconference or web conference with the AOR. • Performing the Statement of Work as described in Section I, Funding Opportunity Description. • Coordinating and managing work, including issuing and managing subcontracts/sub awards and consulting arrangements, as necessary. • Submitting all required reports including Quarterly Progress Reports. (See Part B of this Section, entitled Reporting.) • During the period of performance, the FHWA and the Recipient will meet periodically, at a minimum annually, to discuss project activities. The location of the meeting will be established by the AOR. Note: for application process, assume the meeting will be in Washington, DC and will last 1 full day. 4. NON-DOMESTIC TRAVEL All non-domestic travel must be approved in writing by the AO prior to incurring costs. Travel requirements under this Agreement will be met using the most economical form of transportation available. If economy class transportation is not available, the request for payment vouchers must be submitted with justification for use of higher class travel indicating dates, times, and flight numbers. 5. AMENDMENTS This Agreement and any amendments executed by the AO constitute the entire agreement between the parties. Discussions and understandings concerning such scope and subject matter are superseded by this Agreement and any executed amendments. All changes to the terms and conditions of this Agreement will be in writing, issued as an Amendment and signed by the AO pursuant to 2 CRF 200.308. a. Unilateral. A unilateral amendment is signed only by the AO. Unilateral amendments are used, for example, to make administrative changes; i.e. funding, accounting data changes, change in Government personnel. b. Bilateral. A bilateral amendment is a change that is signed by the Recipient and the AO. Bilateral amendments are used to reflect other agreements of the parties amending the terms of the Agreement. 6. AGREEMENT OFFICER'S REPRESENTATIVE (AOR) The AO may designate an AOR to assist in monitoring the work under this Agreement. The AOR will oversee the technical administration of this Agreement and act as technical liaison with the performing organization. The AOR is not authorized to change the scope of work or specifications as stated in the Agreement, to make any commitments or otherwise obligate the F14WA or authorize any changes which affect the Agreement funding, delivery schedule, period of performance or other terms or conditions. Page 1048 of 1276 https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_generaltermsconditions.cfm 2/18/2020 Contractors & Recipients General Terms and Conditions for Assistance Awards I Federal ... Page 5 of 14 The AO is the only individual who can legally commit or obligate the FHWA for the expenditure of public funds. The technical administration of this Agreement will not be construed to authorize the revision of the terms and conditions of performance. The AO will authorize any such revision in writing. 7. PAYMENT The Recipient may request advances or reimbursement of costs incurred in the performance hereof as are allowable under the applicable cost provisions not -to exceed the funds currently available as stated herein. Requests should be made no more frequently than monthly and must include the certification as required by 2 CFR 200.415. Payments by Reimbursement Requests for payments by reimbursement will be submitted to the payment office via DELPHI eInvoicing System. When requesting reimbursement of costs incurred and credit for cost share incurred, the Recipient will submit supporting cost detail electronically with the SF 270, Request for Advance or Reimbursement or, if construction, the SF 271, Outlay Report and Request for Reimbursement for Construction to clearly document all costs incurred. Cost detail includes a detailed breakout of all costs incurred including direct labor, indirect costs, other direct costs, travel, etc. Identify the Federal share and the Recipient's cost share portions as applicable. The cosi detail should show all the project costs for the period covered by the reimbursement request, and also show all the cumulative -to -date costs. The AO or Agreement Specialist reserve the right to withhold processing requests for reimbursement until sufficient detail is received. In addition, reimbursement will not be made without AOR review and approval to ensure that progress on the Agreement is sufficient to substantiate payment. After AOR approval, the AO will certify and forward the request for reimbursement to the payment office via DELPHI eInvoicing System. Advance Payments Recipients may be paid in advance, provided they maintain or demonstrate the willingness to maintain the following in accordance with 2 CFR 200.305 as applicable: (1) written procedures that minimize the time elapsing between the transfer of funds and disbursement by the Recipient, and (2) financial management systems that meet the standards for fund control and accountability When these items are not met, reimbursement will be the method for payment. DELPHI eInvoicing System Registration and Information The Recipient must have Internet access to register and use the DELPHI eInvoicing System. Prompt registration for DELPHI eInvoicing System is important in order to reduce the possibility of delayed payments. All persons accessing the DELPHI eInvoicing System will be required to have their own unique user ID and password. It is not possible to have a generic ID and password for a Recipient. Page 1049 of 1276 https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_generaltermsconditions.cfm 2/18/2020 Contractors & Recipients General Terms and Conditions for Assistance Awards I Federal ... Page 6 of 14 To register for DELPHI eInvoicing System, Recipients must eAuthenticate and activate an account by contacting their AO and providing the full name, title, phone number and e-mail address for the appropriate point(s) of contact (POC) who will submit payment requests. Within two weeks the POC should receive an invite to sign up for the system. The POC will also receive a form to verify their identity. The POC must complete the form, and present it to a Notary Public for verification. The POC will return the notarized form to: DOT Enterprise Service Center FAA Accounts Payable, AMZ-100 PO Box 25710 Oklahoma City, OK 73125 When the form is received and validated, the Recipient POC will receive a unique user ID and password via e-mail. POCs should contact their AO with any changes to their system information. Applicants registered with other DOT Agencies, such as Federal Aviation Administration or Federal Railroad Administration, must also apply for access with F14WA in order to request payment from FHWA. To facilitate your use of the DELPHI eInvoicing system, comprehensive user's information is available at ht�p„//ww y �1���:. � v/1�� u y u ttdives/plc hi eu��vo .cud sys ern raintj&:::jjj� EWs. Account Management The Applicant should contact their AO when POCs have left their organization or are no longer will be submitting invoices, with the full name, title, phone number, e-mail address, and user ID of the POC. The user ID will then be removed. If a user ID becomes inactive/times out due no activity, the Recipient should contact their AO with the full name, title, phone number, e-mail address, and user ID of the POC to be reactivated. To prevent being timed out due to no -activity, users should login once within 45 days of their last login. Waivers The Department of Transportation Financial Management officials may, on a case by case basis, waive the requirement to register and use the DELPHI eInvoicing System. Waiver request forms can be obtained on the DELPHI eInvoicing website (��1� //www c��� �/ i��/cicl�hiun��un ........ sYs .:.1hjMj) or by contacting the AO. Applicants must explain why they are unable to use or access the Internet to register and enter payment requests. All waiver requests should be sent to via mail to: Director of the Office of Financial Management US Department of Transportation, B-30 Office of Financial Management, Room W93-431 1200 New Jersey Avenue SE Washington DC 20590-0001 or electronically to: :1:�'.��'..I:.�: tee-trontclnv �ucu'ag. Page 1050 of 1276 https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_generaltermsconditions.cfm 2/18/2020 Contractors & Recipients General Terms and Conditions for Assistance Awards I Federal ... Page 7 of 14 The Director of the DOT Office of Financial Management will confirm or deny the request within approximately 30 days. If a Recipient is granted a Waiver, Requests for advance or reimbursement and required supportin€ documents, should be sent via regular U.S. Postal Service to the following address: Federal Highway Administration Markview Processing P.O. Box 268865 Oklahoma City, OK 73126-8865 Attention: Ryan Wisniewski Requests for advance or reimbursement submitted via an overnight service must use the following physical address: MMAC FHWA/AMZ-150 6500 MacArthur Blvd. Oklahoma City, OK 73169 Attention: Ryan Wisniewski Express Delivery Point of Contact: Ryan Wisniewski, 405-954-8252 8. FUNDS NOTIFICATION The Recipient shall notify the AO in writing whenever it has reason to believe that the costs it expects to incur under this Agreement in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of the total amount so far allotted to the Agreement by the Government. The notice shall state the estimated amount of additional funds required to complete the work under the Agreement. 9. ACKNOWLEDGEMENT OF SUPPORT AND DISCLAIMER An acknowledgment of F14WA support and a disclaimer must appear in any publication of any material, whether copyrighted or not, based on or developed under the Agreement, in the followin€ terms: "This material is based upon work supported by the Federal Highway Administration under Agreement No. - (fill in award number)." All materials must also contain the following: "Any opinions, findings, and conclusions or recommendations expressed in this publication are those of the Author(s) and do not necessarily reflect the view of the Federal Highway Administration." 10.SITE VISITS Page 1051 of 1276 https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_generaltermsconditions.cfm 2/18/2020 Contractors & Recipients General Terms and Conditions for Assistance Awards I Federal ... Page 8 of 14 The F14WA, through its authorized representatives, has the right, at all reasonable times, to make site visits to review project accomplishments and management control systems and to provide suer technical assistance as may be required. During a site visit, the Recipient and/or sub- recipient/subcontractor will provide all reasonable facilities and assistance for the safety and convenience of the F14WA representative. All site visits and evaluations will be performed in such a manner as to not unduly delay work. 11. BUDGET REVISION/REALLOCATION OF AMOUNTS (FOR AWARDS OVER THE SIMPLIFIED ACQUISITION THRESHOLD) The Recipient is required to report deviations from budget and program plans, and request prior approval for budget and program plan revisions in accordance with 2 CFR 200.308 The Recipient must obtain prior written approval from the AO to transfer amounts budgeted for direct cost categories when the cumulative value of such transfers will exceed 10% of the value of Federal share of this Agreement. 12. SYSTEM FOR AWARD MANAGEMENT (SAM) The Recipient must be registered in the SAM in order to receive payments under this Agreement. Use of the SAM is to provide one location for Applicants and Recipients to change information about their organization and enter information on where government payments should be made Information for registering in the SAM and online documents can be found at w...sa1T1...� 2L. 13. PRINTING The Joint Committee on Printing Regulations Number 26, Section 36 states that Recipients shall not become prime or substantial sources of printing for the use of departments and agencies. In the performance of this agreement, the Recipient may duplicate less than 5,000 units of only on( page or less than 25,000 units in the aggregate of multiple pages. Duplication of quantities in excess of the amounts stated requires prior written approval of the AO. The Recipient must submit such requests in writing or by email to the AO, to include specifics on the deliverable, requested printing quantity, and estimated costs for printing. 14. DRUG FREE WORKPLACE The Recipient will comply with Subpart B of 49 CFR Part 32, Government wide Requirements for a Drug -Free Workplace (Financial Assistance). See 49 CFR Part 32 for details of the requirement. 15. DEBARMENT AND SUSPENSION REQUIREMENTS The non -Federal entity must comply with the provisions in 2 CFR Part 180 OMB Guidelines to Agencies on Government Debarment and Suspension (Non -procurement) and 2 CFR Part 1200 DOT Non -procurement Suspension and Debarment. These provisions restrict Federal awards, subaward and contracts with certain parties that are debarred, suspended or otherwise excluded from or ineligible for participation in Federal programs or activities. Page 1052 of 1276 https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_generaltermsconditions.cfm 2/18/2020 Contractors & Recipients General Terms and Conditions for Assistance Awards I Federal ... Page 9 of 14 fC:�1AOki u110UIIs] ►Ii1►16�� MZIA061Is] ► This Agreement may be terminated or suspended in whole or in part, at any time prior to its expiration date in accordance with 2 CFR 200.339. The Recipient may appeal or object to a termination or suspension for non-compliance by submitting an appeal in writing to the next level above the AO within 30 days after receipt of the written notification of termination or suspension of this agreement. The Recipient will document the dispute by notifying the Agency in writing of the relevant facts, identify the grounds for objecting or appealing the termination or suspension and specify the remedy sought. The Agency will follow the procedures in the Disputes section when responding to this appeal. 17. FINANCIAL ASSISTANCE POLICY TO BAN TEXT MESSAGING WHILE DRIVING a. Definitions. As used in this clause - "Driving" - Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. "Text messaging" - means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e -mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into thf device either before driving or while stopped in a location off the roadway where it is safe and legal to park. b. This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009. c. The Applicant should - i. Adopt and enforce policies that ban text messaging while driving- (i) Company-owned or -rented vehicles or Government-owned vehicles; or (ii) Privately -owned vehicles when on official Government business or when performing any work for or on behalf of the Government. ii. Conduct initiatives in a manner commensurate with the size of the business, such as- (i Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. Page 1053 of 1276 https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_generaltermsconditions.cfm 2/18/2020 Contractors & Recipients General Terms and Conditions for Assistance Awards I Feder... Page 10 of 14 d. Sub-agreements/sub-contracts. The Applicant shall insert the substance of this clause, including this paragraph (d), in all sub-agreement/subcontracts that exceed the micro - purchase threshold. 18. REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUB - AWARDS (2 CFR Part 170, Appendix A) I. Reporting Sub -awards and Executive Compensation. a. Reporting of first-tier sub -awards. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal fund that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a sub - award to an entity (see definitions in paragraph e. of this award term). 2. Where and when to report. i. I. You must report each obligating action described in paragraph a. 1. of thi award term to1..:.::..::....:.p.�y. ii. ii. For sub -award information, report no later than the end of the month following the month in which the obligation was made. (For example, if th� obligation was made on November 7, 2010, the obligation must be reporte( by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action tha the submission instructions posted at h jp.o /f f„�fa ;r, ,o „ specify. b. Reporting Total Compensation of Applicant Executives. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if - i. the total Federal funding authorized to date under this award is $25,000 or more; iiin the preceding fiscal year, you received - A. 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and sub -awards); and B. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and sub -awards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) o the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public ha! Page 1054 of 1276 https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_generaltermsconditions.cfm 2/18/2020 Contractors & Recipients General Terms and Conditions for Assistance Awards I Feder... Page 11 of 14 access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at p / n u / x�,com him) 2. Where and when to report. You must report executive total compensation described in paragraph b. 1. of this award term: i. As part of your registration profile ate,//:..:s... py. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Sub -applicant Executives. Applicability and what to report. Unless you are exempt as provided in paragrapl d. of this award term, for each first-tier sub -applicant under this award, you will report the names and total compensation of each of the sub -applicant's five most highly compensated executives for the sub -applicant's preceding completed fisca year, if - i. in the sub -applicant's preceding fiscal year, the sub -applicant received - A. 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and sub -awards); and B. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and sub -awards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) o the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public ha, access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at p / n u / x.eco .. hen l ) 2. Where and when to report. You must report sub -applicant executive total compensation described in paragraph c. 1. of this award term: i. To the Applicant. ii. By the end of the month following the month during which you make the sub -award. For example, if a sub -award is obligated on any date during the month of October of a given year ( i.e., between October 1 and 31), you must report any required compensation information of the sub -applicant by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Sub -awards, and ii. The total compensation of the five most highly compensated executives of any sub -applicant. Page 1055 of 1276 https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_generaltermsconditions.cfm 2/18/2020 Contractors & Recipients General Terms and Conditions for Assistance Awards I Feder... Page 12 of 14 e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR Part 25: I. A Governmental organization, which is a State, local Government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v. A Federal agency, but only as a sub -applicant under an award or sub-awarc to a non -Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Sub-award.- I. ub-award: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you receive( this award and that you as the Applicant award to an eligible sub -applicant ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec .210 of the attachment to OMB Circular A-133, "Audits of States, Loca Governments, and Non -Profit Organizations"). iii. A sub -award may be provided through any legal agreement, including an agreement that you or a sub -applicant considers a contract. 4. Sub -applicant means an entity that: I. Receives a sub -award from you (the Applicant) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the sub - award. 5. Total compensation means the cash and noncash dollar value earned by the executive during the Applicant's or sub -applicant's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): I. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above -market earnings on deferred compensation which is not tax - qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on Page 1056 of 1276 https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_generaltermsconditions.cfm 2/18/2020 Contractors & Recipients General Terms and Conditions for Assistance Awards I Feder... Page 13 of 14 behalf of the employee, perquisites or property) for the executive exceeds $10,000. 19. OMB PAPERWORK REDUCTION ACT The Paperwork Reduction Act of 1995 (PRA): Any activities involving information collection (i.e. paper or web -based surveys, questionnaires, etc.) from 10 or more non -Federal entities, OMB Information Collection Clearance, a process that generally takes eight months. The Recipient will coordinate with the AOR on this process. 20. CONFLICT OF INTEREST If at any time during performance, the Recipient identifies an actual or potential personal or organizational conflict of interest relating to performance of this Agreement, the Recipient must immediately notify the AO in writing. Actual or potential conflicts of interest may include but are not limited to any past, present or planned contractual, financial, or other relationships, obligations commitments or responsibilities, which may bias the Recipient or affect the Recipient's ability to perform the agreement in an impartial and objective manner. The AO will review the statement and may require additional relevant information from the Recipient. All such information, and any other relevant information known to DOT, will be used t( determine whether agreement performance by the Recipient creates an actual or potential conflict of interest. If any such conflict of interest is found to exist, the AO may (a) terminate the Agreement pursuant to the termination term of the Agreement, or (b) determine that it is otherwise in the best interest of the United States to continue the agreement and include appropriate provisions to mitigate or avoid such conflict in the Agreement pursuant to 2 CFR 200.112. 21. ANNUAL PROPERTY REPORT The Recipient must submit an electronic copy and one hard copy of the SF -428 Tangible Personal Property Report to the AOR and one electronic copy and one hard copy to the Agreement Specialist 60 days prior to the anniversary date of this Agreement. If no property was furnished or acquired during the Agreement up to the end date of the reporting period, indicate that information in block 8 of the SF -428. If property was furnished or acquired during the Agreement up to the end date of the reporting period, list the property on the SF -428-A and SF -428S forms. Use additional sheets as necessary. Use separate sets of sheets to show Federally -owned property and Recipient -owned property. 22. RESTRICTIONS ON INTERNAL CONFIDENTIALITY AGREEMENTS The Recipient shall not require employees or subrecipients to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subrecipients fron lawfully reporting waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. Page 1057 of 1276 https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_generaltermsconditions.cfm 2/18/2020 Contractors & Recipients General Terms and Conditions for Assistance Awards I Feder... Page 14 of 14 Page last modified on January 12, 2016 Page 1058 of 1276 https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_generaltermsconditions.cfm 2/18/2020 6.L. Consent Agenda 9/22/2022 Requested Action by Commission: Approve minutes from the September 8, 2022 City Commission Meeting. Explanation of Request: The City Commission met on September 8, 2022 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: There is no fiscal impact to the budget from this item. 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 1['1LAtE)S City Coirnirnia:>sioin IEs'E) 11':g I 1['1LAtE)S 09... 8...2 Page 1059 of 1276 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 Thursday, September 8, 2022, at 6:00 P.M. Present: Mayor Ty Penserga James Stables, Interim City Manager Vice Mayor Angela Cruz Mike Cirullo, City Attorney Commissioner Woodrow L. Hay Maylee De Jesus, City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley Agenda Items A. Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:05 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Rev. Patterson, Seacrest Presbyterian Church Invocation was given by Rev. Patterson. Pledge of Allegiance to the Flag led by Mayor Ty Penserga Mayor Ty Penserga led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Penserga requested hiring an outside counsel for matters to Townsquare under Unfinished Business. Staff requested to remove Item 11 C. Item 11A will be tabled. Mayor Penserga also requested a discussion on outside legal assistance with arbitrations under New Business, Item 11 F Commissioner Turkin asked if there will be public input on Item 2B. Mayor Penserga replied yes and confirmed all resolutions will be allowed to have public input. 2. Adoption ILY, 11=11 Commissioner Kelley moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. Page 1060 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 2. Other A. Informational items by the Members of the City Commission. Commissioner Kelley, Commissioner Turkin, and Vice Mayor Cruz had no disclosures. Commissioner Hay had no disclosure but noted he attended the Bridges luncheon and First Friday, and both were great. Mayor Penserga had no disclosures. He announced the 9/11 Remembrance Ceremony. He also acknowledged City Staff for putting together the City Budget for their departments. B. Proposed Resolution No. R22-116 - Adopt the annual canal services special assessment rate for FY 2022-23 per the "Preliminary Assessment Resolution No. R22-098". Pursuant to the provisions of Ordinance No. 21- 011, Sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. Mayor Penserga read the resolution by title. City Attorney Cirullo stated that it is required to have a public hearing before adoption. If adopted, it will be collected through invoicing in the City. He noted the amounts are the same as presented during the budget hearing. Commissioner Turkin asked if it had to be adopted today. City Attorney Cirullo replied that it needs to be adopted before the budget is finalized on September 22. Public Comment: Mayor Penserga opened public comment. Gary Fishman, 3504 Diane Drive, stated that they do not have a neighborhood association, which harms the protection of their canal. He spoke about a task force to look into how to help with the issue with Lake Ida and the canal, and the Department of Florida Wildlife. He said that the fee should be postponed until after the new manager take his place. Mike Bronson thanked the Commission for hiring Dan Dugger as the City Manager. He said that he would like to speak in favor of the park at Leisureville. William Cunningham stated that the canal has been an issue for decades, and he explained the issues with weeds and a spill off coming into the canal. He stated that F Page 1061 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 he would like options for the residents that received the package for the assessment. Ernest Mignoli, 710 NE 7t" Street, Unit 407, stated that he is a big proponent of boating and knows a lot about canals and other bodies of water. He said that the overdevelopment on the canals has caused it to fill in, and we are receiving things from the surrounding municipalities too. He said that the rich people are doing work without permits and are polluting the canal. Virtual Comments: None Interim City Manager Stables read a public comment into the record from Janick de Fabrique. Commissioner Turkin stated that we spoke about this before and that there is an underlying issue. He said one of the problems is who is liable to pay, which was decided that those residents would be responsible. However, he does not completely agree with it, based off of a map. He stated that if the County is spraying Lake Ida and they are dropping the ball on this canal, then what are we doing to help the residents. He asked if we looked into an environmental grant to cover this cost. Assistant City Manager Andrew Mack said that this solution was brought about because of the long-term problem, and this is what was agreed to. He spoke about the code and not spending public dollars on private property. He said that in order to keep this in the condition that they want it, we need to continue the spraying, and there were no grants identified to help with this. Commissioner Turkin asked if we have explored this option further since it was last discussed, and how to mitigate the cost. Assistant City Manager Mack is not aware of grants through the State or County. He spoke about a master plan for drainage that is being worked on. City Attorney Cirullo said that the County stated that they would work on a MSTU/MSBU and then they said that they would not do this. He noted this was approximately 6-8 years ago. There was discussion regarding the issues with the culvert and the weeds and reaching out to the County and Fish and Wildlife before finalizing the assessment. Mayor Penserga asked if this is private or public property, and do we see this in other places in the City. City Attorney Cirullo said canals are privately owned and this was a way for those who directly benefit from it to pay for it instead of the entire City. 3 Page 1062 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 Commissioner Turkin said that there should be a sense of urgency for this. City Attorney Cirullo stated that it should be continued to the next meeting and should be passed by then. He said that there might be flexibility on it, since it is being invoiced. Commissioner Hay asked for ballpark figures on the different options when it comes back to the City. There was discussion regarding the amount per resident that would be owed. Commissioner Kelley stated that this should be a temporary fix and someone else should take over the maintenance of the canal. Motion: Vice Mayor Cruz moved to table Resolution No. R22-116 to September 22nd Commissioner Hay seconded the motion. The motion passed unanimously. C. Proposed Resolution No. R22-117 - Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2022-2023 Fire Assessment. Mayor Penserga read the resolution by title and opened Public Comment. Public Comment: Cindy Falco de Corrado stated that she does not want to be assessed the $120 and would like to opt out of the fire assessment. Ernest Mignoli, 710 NE 7th Street, Unit 401, stated that the fire house is out of control. He spoke about the Fire Department needing more fire trucks. He spoke about crime, corruption, fraud, shootings, etc. Jim Suzuco asked how it would compare percentage wise than what was previously assessed and isn't sure if it is assessed to everyone in the City. Christy Ward stated that she would like to understand what they are paying for, because it does not go into detail about what it pays for. She stated that she would like to get more information on it. She said that some of the services are not being utilized. Evangeline Ward, 1518 North Seacrest Boulevard, stated that a lot of homeowners are being hit with a high insurance bills. She spoke about no raises or increases, but people are being assessed. 4 Page 1063 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 Yvonne Scavron, 350 North Federal Highway, Apt. 405, would like a breakdown on the assessment. She said that the Fire Department does a great job and are underappreciated. Donald Tucket Jr., 1086 Southwest 25th Place, spoke about the fire assessment page on the website that does not work. Wesley (no last name given) asked about the assessment and if the Commission spoke about this with the constituents. He said that we need to not assess the residents because they will not be able to afford it and wants to know what the money is being used for. 01 a 9 T1 1111590TIT r, TOUT MON 1507 M Mayor Penserga asked staff how many years we have had this assessment, has it changed over the past years, and if there is hardship assistance. Interim City Manager Stables replied that it has been in place over a number of years and has not changed over the last 5 years. Director of Financial Services Mara Frederiksen stated that the fire assessment took place in 2001 and it was $66 and has been $120 the last five years. She said there is a hardship application that will go on the website tomorrow, which is why the link is not working. She stated that it has been sent out to those who have applied over the years. Interim City Manager Stables spoke about what it is used for. He said that it is the same across the board, Citywide. City Attorney Cirullo stated that it is different for non-residential rates and spoke about what it funds. Commissioner Hay asked if it is public information on what the assessment is used for and how it can be accessed. Interim City Manager Stables said it is transparent but is part of a collective funding, so it might be hard to pinpoint. He spoke about the funding. He noted it can be accessed through requesting the budget. Ms. Frederiksen said that the proposed budget is online. Commissioner Kelley stated that she looked at the hardship application and wanted to let the residents know that the deadline is quick. She asked how many hardships have been received annually. 5 Page 1064 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 Ms. Frederiksen said its usually about 32 applications and they are usually approved unless they do not meet requirements. Commissioner Turkin stated that this assessment has been the same, and it was proposed to have it increased, but the Commission voted against it. He said that if there was more participation during the budget workshops, it would help. Vice Mayor Cruz stated that they voted against raising it, and they lowered the millage rate. She read the requirements for the hardship application. Motion: Vice Mayor Cruz moved to approve Resolution No. R22-117. Commissioner Hay seconded the motion. The motion passed unanimously. D. Conduct First Public Budget Hearing for FY 2022/2023 Proposed Millage and Tentative Annual Operating Budget. Proposed Resolution No. R22-118 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2022-2023. Mayor Penserga read the resolutions by title. Ms. Frederiksen stated that the new millage rate was decreased to 7.85 and summarized the different taxes, revenues, and funds that have changed. Vice Mayor Cruz asked about the Economic Development Coordinator position's salary. Commissioner Turkin asked for clarification on Forest Hill Park and the Surtax Capital Improvement Plan. Assistant City Manager Mack stated that it is not the same. Mayor opened up to Public Comment. Public Comment: Cindy Falco de Corrado asked when it will be discussed, because it will be adopted tonight. She said that we need more communication on date changes. She spoke about the different assessments that are being charged. Donald Tucket Jr stated that the millage rate is used to divide it up equally and it should be fair. He said that the special assessments have to go away and the millage rp Page 1065 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 rate should go up if necessary. Evangeline Ward asked if we are going the keep painting the LGBTQ+ flag on the ground is in the budget too. She said that everyone should have a cause that should be paid towards. Christy Ward asked who these assessments were proposed to. She said we cater to those who are well off and not those who are struggling. She spoke about the LGBTQ+ flag costing $22K when we are in a deficit. She said that we need to put our budget on a diet. Ernest Mignoli, 710 NE 7t" Avenue, Unit 407 spoke about the assessments and letting billionaires only pay a little bit of money and the people who are low income have to pay the same thing. He spoke about inequality, and editing the meetings. Virtual Comment: None Commissioner Turkin stated that next fiscal year we should have a workshop during the evening so that everyone can attend. Vice Mayor Cruz agreed. Commissioner Turkin moved to approve Resolution No. R22-118. Commissioner Hay seconded the motion. The motion passed unanimously. Proposed Resolution No. R22-119 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2022-2023. Commissioner Kelley moved to approve Resolution No. R22-119. Commissioner Hay seconded the motion. The motion passed unanimously. 3. Announcements, Community and Special Events And Presentations A. The Second Public Budget Hearing to adopt the FY 2022/23 Budget will be held during the City Commission Meeting on Thursday, September 22, 2022 at 6:00 P.M. in the City Commission Chambers. Mayor read the announcement in the record. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of F Page 1066 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 the Chair, this 3 -minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Harry Woodworth, NE 15th Place, stated that their bulk trash has not been picked up again for two weeks and asked for it to be fixed. Cindy Falco de Corrado stated that trash has been picked up on opposite days. She spoke about the police taking an oath on the Constitution. She said that she has not seen a Heterosexual Month yet. She said that June is over and there is money being wasted. She said that there is a 666 artwork that is not appreciated. She spoke about taxes being voluntary, and that we need to look into the Constitution and the people have the power. Mayor Penserga stepped away from 7:36 PM. Bishop Bernard Wright spoke about speed bumps that are necessary because it is a priority. He said the ARPA money needing to be disbursed. He spoke on the SJ case and racism, and justice and equality in the City. Christina Pierre, 535 NE 12th Avenue, spoke about the speed bumps needed on her street. She said that people speed through the neighborhoods all the time. She said that there was a budget in place for it, and it should be a priority. Edward Thomas spoke about needing speed bumps on his street and the road needs to be fixed. Christy Ward spoke about needing speed bumps because a lot of people speed. She spoke about the flashing lights over at Minor, close to the school, that sometimes don't work. She stated that there should be police officers there to help with the speeding issues. Evangeline Ward spoke about speed bumps needed in the City. She spoke on the and the inner-city students having to be bussed out of the City when the magnet school was made. She stated that they need to put speed bumps in this year. Wesley (no last name given) stated that the City Manager and the one that is not qualified have been meeting with the officer that was fired. He asked for an investigation. He said that they were at an ice cream parlor, and it is time for an investigation. Vice Mayor Cruz said that there are no personal attacks. Joe Josemond stated that nobody answers the phone at the Public Works department. He said that there have been a lot of complaints on the trash not being picked up. He said that Public Works is dropping the ball. Ernest Mignoli, 710 NE 7th Avenue, Unit 407, asked about the rules to come and speak. He said that there should be ID requested. He spoke about being at a press conference during the Donald Trump court. He spoke about Interim City Manager Stables, Mr. Dugger and Officer Sohn being in the ice cream parlor. Page 1067 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 Vice Mayor Cruz stated that the Commission works for the residents of Boynton Beach, not for other municipalities. Mayor Penserga returned at 7:52 PM. Vice Mayor Cruz asked if there were threats being made towards her. Mayor Penserga asked for the residents to be removed from the Chambers. Mayor Penserga opened Virtual Comments. Ramona Young, joined online, and stated that she would like the Commission to consider a cap on rental apartments, and asked about Police Officers to check the speeders and mufflers on Federal Highway. Interim City Manager Stables read into the record comments from Amber from Guaco-Go regarding: Pirate Fest, vagrants, and promoting downtown businesses. Commissioner Hay stated that regarding the speed bumps, there is a master plan that is being implemented and that he would advise them to speak to Gary Dunbar on a resolution regarding the speed bumps. Commissioner Turkin stated that speed bumps are very important, and he hopes NW 12th and 13th Avenues are put on the forefront. 5. Administrative A. Ratify the selection of Naomi Cobb as Board Chair and Joe Josemond as Vice Chair of the CRA Advisory Board. Motion: Commissioner Hay moved to approve the ratification. Vice Mayor Cruz seconded the motion. The motion passed unanimously B. Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Motion: Commissioner Turkin moved to appoint Danny Ferrell to the Library Board. Commissioner Hay seconded the motion. The motion passed unanimously Motion: Commissioner Hay moved to appoint Katie Houseweart to the Education and Youth Advisory Board to the alternate position. Vice Mayor Cruz seconded the motion. The p Page 1068 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 motion passed unanimously 6. Consent Agenda A. Accept FY21/22 third quarter report on operations of the Schoolhouse Children's Museum. B. Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $166,622.36 for 1,007 customers. The write-off period is defined as October 2020 through September 2021 and includes unpaid Utility and Solid Waste billings, miscellaneous charges (late fees, penalties, service adjustments), taxes and other adjustments. C. Authorize the Finance Department to reduce the allowance for uncollectible accounts and the account receivable accounts for the Police Department by $119,703.66. This amount consists of unpaid Police detail charges and other adjustments. The write-off period is defined as FY 2006 to FY 2018. D. Authorize the Finance Department to reduce the allowance for uncollectible accounts and receivable accounts for Public Works Department by $43,905.30. The write-off period is defined as FY 2018/2019. The amount includes unpaid roll off, special pick-ups, compactors, and bagsters. E. Proposed Resolution No. R22-120- Adopt annual Comprehensive Fee Schedule for Fiscal Year 2022-2023. Proposed resolution will supersede any Resolution or Ordinance governing all of the attached fees. (R19-075, R14-057, R21-133, R18-084, R04-176, R08-044, R09-056, R11-115, R12-033, R22-002, R20-061, Ordinance Chapter 26-8, Ordinance Chapter 13-4, Ordinance Chapter 2.5) F. Approve the Barcelona Villas record plat, subject to final execution by the City Engineer. G. Approve an increase to the estimated annual expenditure for Net Assets, also known as Conduits, from $34,999 to a not -to -exceed rate of $75,000, to be able to pay for the increase in lien searches being conducted. H. Accept the written report to the Commission for purchases over $10,000 for the month of July 2022. I. Proposed Resolution No. R22-121- Approve and authorize the City 10 Page 1069 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 Manager to sign individual agreements with four (4) firms as a result of Request for Qualifications RFQ No. UTL22-014 for Professional Survey and Mapping Services in accordance with Florida Statute 287.055 the Consultants' Competitive Negotiation Act (CCNA). J. Approve utilizing the State of Florida Agreement # 94131608-16-P, with PRIDE Enterprises for the Purchase and Retread of Large Truck Tires (Recaps) for the City's Large Truck Fleet for an estimated annual expenditure of $80,000. The State of Florida process satisfies the City's competitive bid requirements. K. Proposed Resolution No. R22-122- Approve and ratify reopened Wage Article of the SEIU Blue and White Collar Collective Bargaining Agreements. L. Approve minutes from the August 16, 2022 City Commission Meeting. Commissioner Turkin thanked staff for 7A and asked for it to be expedited for 12th and 13th Avenue. Vice Mayor Cruz pulled Item 6K. Motion: Vice Mayor Cruz moved to approve the remainder of consent agenda. Commissioner Kelley seconded the motion. The motion passed unanimously. Proposed Resolution No. R22-122- Approve and ratify reopened Wage Article of the SEIU Blue and White Collar Collective Bargaining Agreements. Mayor Penserga read the resolution by title. Human Resourced Director Julie Oldsbury introduced the item and the negotiation process. She spoke about incentive pays and overtime pay. She thanked the bargaining team and staff for their help. Vice Mayor Cruz stated that it is important to understand that we are supporting our employees. Commissioner Turkin asked what general employees are getting as an increase. Ms. Oldsbury responded 6%, while SEIU will be 8%. Commissioner Turkin stated that it should be fair across the board. Vice Mayor Cruz stated that she shares Commissioner Turkin's sentiments and spoke about the explanation that was given to her. She encouraged this to be supported. Page 1070 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 Commissioner Turkin responded that he does not want to go down, he just wants the others to have 8% too. Interim City Manager Stables explained the process regarding the raises and said that it was already passed. He explained about equitable raises. Mayor Penserga thanked the team Vice Mayor Cruz moved to approve Resolution R22-122. Commissioner Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Approve Task Order 144 with Atlantic Southern Paving and Sealcoating in the amount of $166,570 in accordance with the Asphalt and Sidewalk Rehabilitation Contract (Annual Contract) BID No. PWE22-008, awarded by City Commission on April 5, 2022, to install traffic calming in Forest Park. B. Proposed Resolution No. R22-123- Approve and authorize the Interim City Manager to sign the agreement, quote for the purchase, and installation of a fleet software, support, and integration with Asset Works LLC utilizing the Equalis Group LLC Contract #COG -2123A in the amount of$151,820. The contract satisfies the City's Procurement requirements. C. Proposed Resolution No. R22-124- Approve and authorize the Interim City Manager to sign an Amendment to the Contract with A-1 Air Solutions to increase the estimated annual expenditure from $150,000 to $275,000 for the period of the City Bid contract 012-2511-20/EM, which expires on May 4, 2023. D. Approve Task Order 103 with Atlantic Southern Paving and Sealcoating in the amount of $163,038 in accordance with the Asphalt and Sidewalk Rehabilitation Contract (Annual Contract) BID No. PWE22-008, awarded by City Commission on April 5, 2022, to provide asphalt and sidewalk rehabilitation to SW 18th Street, in Boynton Leisureville. E. Approve Task Order 118 with All County Paving in the amount of $111,690.50 in accordance with the Asphalt and Sidewalk Rehabilitation Contract (Annual Contract) BID No. PWE22-008, awarded by City Commission on April 5, 2022, to provide asphalt and sidewalk rehabilitation to NE 2nd Ct., NW 2nd St., and Seacrest Ct. 12 Page 1071 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 F. Approve award of Annual Supply of Brass Fittings and Accessories Bid # WH22-047 to the following two (2) companies Core and Main, Fortiline Inc. with an estimated annual expenditure of $250,000 G. Approve award of Annual Supply of Pipe Fittings and Accessories Bid # WH22-048 to the following two (2) companies; Core and Main, Fortiline Inc. with an estimated annual expenditure of $220,000 H. Approve the purchase of sulfuric acid using a piggyback contract for Seacoast Utility Authority with Sulfuric Acid Trading Company, Inc. (SATCO) for a total expenditure of $350,000.00. I. Approve Task Order UT -1 D-07 with Kimley-Horn and Associates, Inc. in the amount of $249,014.00 for Grant Identification, Evaluation, Preparation, and Writing Services. J. Award Bid No. CW22-0027, Sod and Sod Installation Services to four (4) contractors as primary and secondary suppliers. This is a Southeast Florida Governmental Purchasing Cooperative Bid for approximately fifty (50) municipalities and government entities, with the City of Boynton Beach acting as the Lead Agency. The initial term is for two (2) years with the option to renew for three (3) additional one (1) year terms. The estimate annual expenditure for the City of Boynton Beach is $150,000.00 city-wide. K. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for September 8, 2022 - "Request for Extensions and/or Piggybacks." L. Proposed Resolution No. R22-125- Approve and authorize the Interim City Manager to sign Change Order No. 5 in the amount of $38,547.41 with Southern Underground Industries, Inc. for the 24 -inch Raw Water Main Extension - Little League Park to East Water Treatment Plant project. M. Approve Amendment No. 1 to Task Order UT -313-03 with AECOM in the amount of $151,840.00 for professional engineering services required for the repair of the Raw Water Transmission Main on Woolbright Road. Vice Mayor Cruz pulled Item 7D. Commissioner Hay moved to approve the Consent Bids and Purchases over $100,000, as amended. Commissioner Turkin seconded the motion. The motion passed 13 Page 1072 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 unanimously. Approve Task Order 103 with Atlantic Southern Paving and Sealcoating in the amount of $163,038 in accordance with the Asphalt and Sidewalk Rehabilitation Contract (Annual Contract) BID No. PWE22-008, awarded by City Commission on April 5, 2022, to provide asphalt and sidewalk rehabilitation to SW 18th Street, in Boynton Leisureville. Director of Public Works Mario Guzman explained the pavement and speed bumps that would be put in with this item. He explained the coordination process. Vice Mayor Cruz asked for this to be pulled so that it can be explained. She thanked staff for their hard work. Commissioner Turkin thanked staff for attending the public meeting and coming out to talk to the residents. Motion: Vice Mayor Cruz moved to approve 7D. Commissioner Hay seconded the motion. The motion passed unanimously. 8. Public Hearing- None 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. City Manager's Report - None 10. Unfinished Business - None 11. New Business Mayor Penserga said he recommended at a previous meeting they should retain outside counsel for matters pertaining to Townsquare. He suggested working with Kathryn Rosmell and Tara Duey of Lewis, Longman, and Walkman. He said they currently serve as the CRA counsel. Tara Duey stated that they enjoy working with the Boynton Beach Community Redevelopment Agency and they would be happy to work on this. Commissioner Kelley stated that there are issues that come up with Townsquare that are both City and CRA issues and asked how it would be addressed. Ms. Duey stated that this would not be a direct conflict and there would be a waiver 14 Page 1073 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 with the CRA and the City for the opposite entities. City Attorney Cirullo said that he knows them well and looks forward to working with them. Motion Commissioner Turkin moved to authorize retention of the firm to serve as co -counsel to handle matters pertaining to Townsquare and to give the City Attorney the authority to authorize the retainer agreement. Commissioner Hay seconded the motion. The motion passed unanimously. A. Discussion on regulating Short-term/Vacation Rentals based on initial research provided by staff and provide direction to staff relative to establishing local standards. Tabled from the August 16, 2022 Meeting. Motion Vice Mayor Cruz motioned to table the Item 11A to a future date. Commissioner Hay seconded the motion. The motion passed unanimously. B. As requested by Mayor Penserga, staff will be presenting results of research on the feasibility of solar panels on City buildings. Sustainability and Resilience Administrator Rebecca Harvey spoke about the Solar Energy on City Facilities, as follows: Solar Energy - Alignment with City Plans; City Progress on Solar Energy; Benefits of Solar Energy; and FPL Rates Impact. Mayor Penserga asked for an explanation on the numbers. Jeff Harlem from Utilities Finance explained the different charges for the FPL Rates Impact. He said that it is 1.15% of the total cost of their invoices. Ms. Harvey continued her presentation as follows: Solar Photovoltaics (PV) Basics; Facilities Considerations; Ezell Hester Community Center, 1901 N. Seacrest Blvd. Mayor Penserga asked for to zoom in on the visuals and asked why not all areas are on the Community Center are covered. Ms. Harvey stated that there are areas that are covered by trees that would not benefit. She continued her presentation and covered Solar financial Metrics (Cash Purchase). Mayor Penserga asked for clarification about the amount of money being spent on electricity. 15 Page 1074 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 Ms. Harvey explained that it is for the entire facility including the ballfields. She asked if there were questions on the amounts. Commissioner Turkin asked about the structures and what it would cost if the roof needed to be replaced. Ms. Harvey stated that it is on a future slide and she will explain it. She continued her presentation as follows: Potential Solar Capacity of Other City facilities. Commissioner Turkin stated that we need to make sure we account for every penny. Mr. Guzman stated that roofs typically have a 20 -year life cycle, and they will not put solar on older roofs. He said that they would only put panels on newer roofs. Ms. Harvey continued her presentation as follows: Solar Energy Climate Impact; Preventative Maintenance Proposal; Roof Warranty Assurance. Commissioner Hay asked if the panels are covered if they are broken. Ms. Harvey responded yes, there is a limited guarantee on solar panels, and she will look into it. Assistant City Manager Mack added that typically insurance would have to cover it. Ms. Harvey continued her presentation as follows: Solar Financing Options; Grants and Incentives. Mayor Penserga asked about the Energy Efficiency & Conservation Block Grant (EECBG) and the funding is to start or maintain the program. Ms. Harvey explained what it could be used for. She continued explaining the grants and incentives. Mayor Penserga asked about next steps. Ms. Harvey stated that they are ready to start on the bid for the Hester Center. She said that other funding needs to be prioritized and we need to do a study on other potential locations. Commissioner Kelley stated that she liked the idea of the solar trees in parks to maximize the heat. Ms. Harvey mentioned that Broward County is doing a lot with solar and we will follow them to see what they are doing. 16 Page 1075 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 Assistant City Manager Mack thanked Ms. Harvey for working on this project. Commissioner Hay stated that he will get educated on this and might be convinced on getting them too. C. Discussion on the Red Light Camera Program requested by Commissioner Turkin. Item 11 C was removed from the agenda. D. Discussion on observing Juneteenth as a City holiday, requested by Commissioner Hay. Commissioner Hay stated that this is in recognition of a national holiday, the first new holiday that has been recognized in 40 years. He said that there are 39 municipalities and or the 38 that responded, 20 of them have moved ahead as Juneteenth as a paid holiday, and 5 that are in discussion. He said that there was a cost analysis that was done and it would be money well spent, and this would be a good way to give back. He asked why Briny Breeze did not respond. Assistant City Manager Kathryn Matos stated that the Town of Gulfstream did the survey last week, so she would have to ask why they did not get a response. Commissioner Hay asked how often it is updated. Ms. Matos said that it was a one- time survey. Vice Mayor Cruz said that it is a great idea and asked what the cost of the Juneteenth event is. She expressed concerned if we have an event on the day off, we will not have staff. Ms. Matos stated that there was a budget of $20K, and it depends on the magnitude of the event. She said that they would accommodate it, since the day would change yearly. Interim City Manager Stables stated that critical staff would have to work, so a plan would be put in place and would be seamless. Commissioner Turkin stated that he would support it, and maybe we should swap it out for another holiday. Interim City Manager Stables stated that they can come back with different options. Commissioner Kelley commented that she supports this, and said if they swapped out the other holidays, it could cause an issue. She would recommend just adding this as another holiday. 17 Page 1076 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 Commissioner Hay said that his intent to have it as an additional holiday. Interim City Manager Stables responded that we can still have it worked into the budget. Mayor Penserga asked to have this researched and if its possible. There is consensus to add this as an additional City holiday. Interim City Manager Stables said that it can be proposed tonight, and they will come back with it. Commissioner Hay moved to approve adding Juneteenth as an additional holiday and direct staff on how it can be done. Commissioner Turkin seconded the motion. The motion passed unanimously. E. Discussion on a potential park in Leisureville, requested by Vice Mayor Cruz. Vice Mayor Cruz explained history on the area of Leisureville that they are recommending being a park. She wants to figure out the best way to move forward, and how to protect the land and maintain it as a city owned greenspace. City Attorney Cirullo responded that the City Commission can attach a restrictive covenant to limit the use on that parcel, and it could only be rescinded by the City Commission. He explained that there's a special warranty deed on it right now and what they can do now as a commission. Vice Mayor Cruz stated that there should be townhall meetings on what to do. She asked for support for the restrictive covenant on that land. There was consensus of support for the preservation of the green space. City Attorney Cirullo asked for clarification in order to phrase this properly. Vice Mayor Cruz explained that she wants to protect the ability of the City to sell it, to keep it as a city property in perpetuity, direct law firm into digging into the Tradewinds settlement agreement about building a park. There was discussion about the motion. Motion Vice Mayor Cruz moved to direct the Attorneys to create a restrictive covenant on this parcel and hiring outside legal counsel regarding arbitrations. Commissioner Kelley seconded the motion. The motion passed unanimously. 18 Page 1077 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 F. Discussion on hiring outside legal counsel pertaining to arbitrations Chief Joe DeGuilio stated that he recommends seeking outside counsel regarding former Officer Mark Sohn and explained why. He recommends seeking a counsel that specializes in this, and they recommend the law firm of Kaplowitz, Ostrow, Ferguson, Weiselberg, Gilbert because they do this on a regular basis. Assistant Chief Jack Dale explained that he was in charge of all disciplinary matters for all staff. He explained the outside counsel that they used, and they have not lost a case with that firm. David Ferguson, from the KO law firm, stated that he is honored for this recommendation. He explained his history, and what they have worked on. He stated that he would be privileged to work on this case, and he does not want to lose this case. He stated that PBSO has entrusted in them all civil litigation with the tragedy of the Marjorie Stoneman Shooting. Mayor Penserga commended staff for their recommendation. He stated that this increases their odds. Commissioner Turkin thanked staff and said that going outside is important. He said that he supports this. Mr. Ferguson stated that he wouldn't take a case, if he didn't think he could win, but he could recommend a settlement. He explained past arbitrations that he has worked. Commissioner Hay stated that this is a touchy case, and all eyes will be on this case. He stated that he feels that they would represent them well on this case. He supports the recommendation. Vice Mayor Cruz agreed that public trust is important and supports the recommendation. Commissioner Kelley supports the recommendation. Mr. Ferguson offered the same rate that PBSO pays, which is $220/hr. Motion Commissioner Hay moved to authorize the retention of KO to represent the City on this arbitration and sign a retainer agreement. Vice Mayor Cruz seconded the motion. The motion passed unanimously. 12. Legal 19 Page 1078 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 A. Discussion and direction on Tenant Notice and Bill of Rights Ordinance. City Attorney Cirullo explained what was requested of Legal to look into. He explained the options for the City Commission to use the County ordinance or look into their own ordinance. He asked for direction from the City Commission. Mayor Penserga asked to move forward with this item as is. He said that he does not want to depend on what the County does, and they go above and beyond what the County does. He recommends moving forward as is. Commissioner Kelley agreed with the Mayor and explained the key difference with the County, and we should move forward with our plan. Mayor Penserga said this is not the final direction, it will be to give direction to draft the ordinance. Commissioner Turkin stated that the draft ordinance says 60 days. City Attorney Cirullo explained the statute and the notice of termination. He said that they can provide 90 days, but they can't change the statute for people in leases that are month-to-month Vice Mayor Cruz supports this. She asked staff about implementation and how it will be enforced. Assistant City Manager Mack stated that they will make sure that implementation is part of the backup when they come back with the ordinance. Interim City Manager Stables said that they will have a process when they come back. Commissioner Hay agrees with this. 13. Future Agenda Items A. Local Rules and Procedures for Commission Meetings, requested by Mayor Penserga -September 22, 2022 B. Consider a LDR amendment to add a requirement for a minimum commercial area percentage to mixed use developments, requested by Vice Mayor Cruz -To be scheduled for Commission agenda once it has gone to the Planning & Development Board in September 2022. C. Discussion on Advisory Boards providing an report to the City Commission, requested by Commissioner Kelley- October 4, 2022 20 Page 1079 of 1276 Meeting Minutes City Commission Meeting/1St Budget Hearing Boynton Beach, FL September 8, 2022 D. Report on the status of infrastructure within the City, requested by Mayor Penserga - October 18, 2022 E. Additional homestead for low income seniors, requested by Mayor Penserga - October 18, 2022 F. Draft Ordinance on Civility & Decorum - October 18, 2022 G. Discussion of draft height regulations- October 18, 2022 Commissioner Turkin and Vice Mayor Cruz thanked staff. 14. Adjournment Motion Vice Mayor Cruz moved to adjourn the meeting. Commissioner Kelley seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 9:42 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MMC City Clerk 21 Page 1080 of 1276 7.A. Requested Action by Commission: Approve the task order with Jacobs Engineering Group in the amount of $173,934.00 for Professional Hydrogeological Services for Testing and Evaluation of the East and West W ellfields. Explanation of Request: On July 17, 2018 City Commission authorized the City Manager to sign an agreement with Jacobs Engineering Group 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. The contract allows an option of three (3) one-year renewals. City Commission renewed the agreement on July 19, 2022 for the third one-year renewal from September 10, 2022 through September 9, 2023. Utilizing this Contract, Jacobs Engineering Group will assess the City's source water wells for both water treatment plants. Included in this assessment is the condition of the wells, life expectancy, water quality, performance, and other hydrogeological characteristics. The end result of these services will be recommendations by Jacobs Engineering Group which aim to preserve and protect our water supply and water quality by providing data for future planning purposes. How will this affect city programs or services? These services will provide data for proper planning and protection of our water supply capacity and water quality. Fiscal Impact: The total requested funding for services is $173,934.00. Funds for this project are available in the Utilities CIP budget 403-5000-533.65-02. Alternatives: Do not approve the task order. Strategic Plan: High Performing Organization, Public Health and Safety , Environmental Sustainability Strategic Plan Application: Master Planning for the Utility to meet potable water demands in the future years. Climate Action Application: Protection of Water Supply and optimizing the utilization of raw water wells. Page 1081 of 1276 Is this a grant? No Grant Amount: Attachments: Type D fl'..-isk OrdE)r D AgrE�1ENrYIENI'lt D OthE)r Description T,,.--.isk OrdE)r E)eCLAtEd Agir'E)E)irTlE)l['lt R E) II'l E)WE.1 ll Page 1082 of 1276 Task Order No. #UT -2A-04 CITY OF BOYNTON BEACH Professional Hydrogeologic Services for Testing and Evaluation of the East and West Wellfields JACOBS ENGINEERING GROUP (CONSULTANT) is pleased to provide professional services as requested by the CITY of Boynton Beach (CITY), in accordance with the terms and conditions of our continuing contract, "Agreement between the CITY of Boynton Beach and Jacobs for Consultant Services (CCNA) for Hydrogeological Consulting Services (Continuing Contract) pursuant to RFQ #023-2821-18/IT, Executed with the CITY on August 10, 2021 (the "Contract"). 1. PROJECT BACKGROUND This scope of professional services is being provided to support the CITY's wellfield testing and evaluation of 30 Surficial aquifer wells: 11 wells at the CITY's West Wellfield (1 W, 4W, 5W, 6W, 7W, 8W, 9W, 10W, 11 W, 12W, and 13W) and 19 wells at the CITY's East Wellfield (1 E, 2E, 6E, 7E, 8E, 9E, 10E, 11 E, 12E, 13E, 14E, 15E, 16E, 17E, 18E, 19E, 20E, 21 E, and 22E). Professional services will entail the following activities: • Review existing well construction details, operational data, and raw groundwater flow requirements for the Water Treatment Plant. • Conduct wellfield site tours and design a wellfield performance testing program for the West and East Wellfields to assess the current condition of the individual supply wells. • Evaluate the current condition and performance of each supply well by conducting a specific capacity test. • Evaluate the current well pump performance during the individual capacity tests and develop field pump curves. • Prepare a technical memorandum documenting the methods and results of the testing and the current conditions of the wells comprising the West and East Wellfields. Testing results will be compared to historical data to assess potential changes in water quality, specific capacity, and production rates. • Determine if a well requires rehabilitation (rehab) and estimate life expectancy of each well and projected water quality for chlorides/total dissolved solids in next 10 years. City of Boynton Beach, #UT -2A-04 Page 1 Jacobs Page 1083 of 1276 Design a program for each well requiring rehab and assigning a ranking for scheduling rehab. Rehab options could include modifications to the well casing and screen, borehole depth, pump replacement, acidization and well disinfection. 2. SCOPE OF SERVICES: The CITY requested a scope of services to assist with the planning and evaluation of the West and East Wellfields. The Scope of Services, developed by the CONSULTANT is divided into the following tasks: Task 1: Kickoff Conference Call and Site Visit Task 2: Information Review and Design Wellfield Testing Program Task 3: Condition of Service Evaluation Task 4: Wellfield Assessment and Rehabilitation Recommendations Technical Memorandum As requested, the CONSULTANT developed the Scope of Services to identify and prioritize individual wells for rehab in the CITY'S system and budget. The above referenced tasks will provide a framework and basis for the CITY to plan future wellfield rehabilitation by a third -party water well contractor. Task 3 will provide professional field services during the well testing and evaluation program. Task 4 includes a technical memorandum to document the evaluation and activities completed during testing of the West and East Wellfields. The technical memorandum will also include a recommended rehabilitation program on a per well basis. Task 1: Kickoff Conference Call and Site Visit • CONSULTANT will hold a kickoff conference call with the CITY to establish a clear understanding of the project requirements. CONSULTANT personnel will perform site tours in the West and East Wellfields to visually inspect the condition of the wells and equipment essential for conducting the testing planned for Task 3, including, but not limited to, flowmeters, sample ports, pressure gauges, pressure transducers, manual water level access, discharge piping, and the destination of discharge. It is assumed that the CITY wellfield operators will attend the site tours to provide access to the wells, critical information regarding the wellheads and raw water system, and any site-specific information necessary to prepare the testing plans. Deliverables (all electronic): • Kickoff conference call agenda and summary Task 2: Information Review and Design Wellfield Testing Program CONSULTANT personnel will acquire records compiled by CITY personnel describing the wells including boring logs, construction diagrams, maintenance records, water quality analyses, and pump curves, if available. City of Boynton Beach, #UT -2A-04 Page 2 Jacobs Page 1084 of 1276 CONSULTANT personnel will evaluate the CITY's records to establish well construction information, baseline hydraulic capacity and/or production rates and trending water quality data. Using the information obtained from the information review and Task 1, CONSULTANT will design a wellfield performance testing program for the West and East Wellfields. The plan will outline the general steps and procedures for testing the active supply wells and existing well pumps and collecting the appropriate field data to evaluate current well performance and water quality and generate field pump curves. Deliverables (all electronic): • Well construction and baseline capacity table developed from CITY records • Wellfield testing program to be implemented • Follow-up data request email, if needed Task 3: Condition of Service Evaluation CONSULTANT will implement the wellfield testing program described in Task 2 to establish the condition of service for each well in the CITY's West and East Wellfields. CONSULTANT will utilize the existing pump, wellhead valving and taps, pressure gauges and flowmeters, pressure transducers, and access ports if available to complete the well evaluations. CONSULTANT will provide field equipment to collect manual water level and discharge pressure verification measurements, where applicable, and field water quality data during testing. • CONSULTANT will conduct step drawdown pumping tests to estimate the current specific capacity, well losses, well efficiency, and other appropriate hydraulic coefficients associated with the well. • CONSULTANT will perform up to thirty (30) step drawdown pumping tests, each consisting of four steps at approximately 60 minutes per step (actual durations will be determined in the field). Testing is anticipated to be completed in 21 days (approximately two wells per day). • In addition to the hydraulic data collection, CONSULTANT field personnel will monitor the wells for sand production and collect silt density index (SDI) and field chemistry data (e.g., temperature, pH, specific conductivity, chloride, total dissolved solids [TDS], dissolved oxygen, oxidation reduction potential, ferrous iron, alkalinity, and turbidity) during the individual step tests. These data will be used to assess current water quality conditions and any potential sand production issues. • CONSULTANT will collect and deliver water samples for laboratory analysis at the conclusion of each well test, specifically to test total organic carbon (TOC), color, total hardness, total alkalinity, TDS, and chlorides. • During the step tests, CONSULTANT will collect flow, water level, and pressure data at the pump discharge to generate pump curves for subsequent evaluation. The curves will be generated from flow and calculated total dynamic head (TDH) and compared to factory test curves, if available. CONSULTANT will also collect City of Boynton Beach, #UT -2A-04 Page 3 Jacobs Page 1085 of 1276 voltage and amperage data, where applicable, using a voltimeter to assess break horsepower and any potential pump motor issues. • During Task 3, CONSULTANT will rely on the CITY for the following services: o Gaining access to the annular space of the wells for measuring static and pumping levels o Installing sample ports, if needed o Coordinate well testing with CITY wellfield operations staff for access to the well sites and for operational changes that may be needed during testing. Task 4: Wellfield Assessment and Rehabilitation Recommendations Technical Memorandum Based on hydraulic and water quality test results, CONSULTANT will identify and rank the wells that require rehab, modifications, or well/pump replacements. CONSULTANT will recommend a well -specific, physical, mechanical, and chemical rehab plan for each well. Rehab plans may include airlifting, swabbing, chemical treatment, or potential modifications to the well casing, screened intervals, pumping equipment, or wellhead appurtenances. Alternative rehab measures to restore hydraulic performance, such as jetting, pneumatic pulsing, or carbon dioxide injection, will also be considered. • CONSULTANT will prepare recommendations for rehabbing and provide a cost estimate for rehabbing each well based on recent market bids for this type of work. • CONSULTANT will prepare recommendations for well replacement, if deemed necessary, and provide a cost estimate for a new well based on recent market bids for Surficial aquifer well construction work. • CONSULTANT will estimate life expectancy of each well and projected water quality for chlorides and TDS in next 10 years. • The CONSULTANT will recommend operational and monitoring measures that focus on maintaining the West Wellfield at near peak hydraulic performance. CONSULTANT will prepare a technical memorandum (TM) summarizing the activities performed during Tasks 2 and 3 and documenting the rehab recommendations described above. Deliverables (all electronic): • CONSULTANT will submit one electronic copy of the draft TM for review by the CITY. The draft TM will include: o Description of the methodology and hydraulic and water quality results from step drawdown testing, o Annotated wellhead photos for each well, o Pump curves, o Analytical Laboratory Report, City of Boynton Beach, #UT -2A-04 Page 4 Jacobs Page 1086 of 1276 o Recommendations on rehabbing individual wells and ranking the sequence of rehabilitation, o Recommendations for pump and motor sizing and Variable Frequency Drives (VFDs) if applicable, o Estimated rehab cost for each well, o Recommendations on well replacement and ranking the sequence of well replacement, and o Estimated well construction costs for each well. • Following review by the CITY, CONSULTANT will address comments and submit a final TM. 3. BASIS OF COMPENSATION: For the Scope of Services, the CONSULTANT will be compensated on a time and materials basis, in accordance with the Contract. The estimated cost for the professional services described above is $173,934 ("Cost Estimate"), as summarized below. Additional services over and beyond those defined in the scope above will be subject to additional compensation to be mutually agreed upon by both CITY and CONSULTANT. The Cost Estimate may only be exceeded upon written authorization by CITY in accordance with the CITY's Procurement Code; otherwise, CONSULTANT will complete the Scope of Services for an amount not to exceed $154,934 with estimated expenses not to exceed $19,000. CONSULTANT exceeds the Cost Estimate at its own risk. City of Boynton Beach, #UT -2A-04 Page 5 Jacobs Page 1087 of 1276 Task Labor Category Est. Hours Rate Fee 1.0 Kickoff Conference Call and Site Visit 24 $125 $3,000 Clerical/Administrative 8 $88 $704 Hydrogeologist 32 $125 $4,000 Engineer 16 $125 $2,000 Sr Technologist 16 $259 $4,144 Senior PM 10 $235 $2,350 Subtotal 82 $125 $13,198 2.0 Information Review and Design Testing Program Hydrogeologist 80 $125 $10,000 Engineer 24 $125 $3,000 Sr Technologist 16 $259 $4,144 Senior PM 8 $235 $1,880 Subtotal 128 $19,024 3.0 Condition of Service Evaluation Hydrogeologist 300 $125 $37,500 Engineer 140 $125 $17,500 Jr Hydrogeologist 140 $116 $16,240 Sr Technologist 60 $259 $15,540 Senior PM 40 $235 $9,400 Subtotal 680 $96,180 4.0 Wellfield Assessment and Rehabilitation Recommendations Technical Memorandum Clerical/Administrative 12 $88 $1,056 Hydrogeologist 80 $125 $10,000 Engineer 44 $125 $5,500 Sr Technologist 24 $259 $6,216 Senior PM 16 $235 $3,760 Subtotal 172 $26,532 Expenses Tasks 1-4 Subtotal $154,934 Subtotal Field Testing Equipment Lab Expenses Hotel/Travel $3,000 $4,000 $12,000 $3,000 $4,000 $12,000 $19,000 TOTAL $173,934 Note: Refer to Section 6.0 for complete approved Billing Rates Table City of Boynton Beach, #UT -2A-04 Page 6 Jacobs Page 1088 of 1276 4. TIME OF PERFORMANCE: The CONSULTANT will complete Tasks on the Scope of Services according to the following schedule of execution of this Work Authorization. This schedule may vary depending on availability of information and reviews by the CITY and conditions during performance. Task Activity/Deliverable Schedule 1. Kickoff Conference Call Kickoff Conference Call 3 weeks from NTP pending and Site Visit CITY schedule 2. Information Review Baseline capacity table 3 weeks from receipt of and Design Testing data Program Wellfield Testing Plan 3 weeks from receipt of data 3. Condition of Service Step Drawdown and Pump 4 weeks from site visit/step Evaluation Testing* drawdown testing plan pending CITY schedule Analytical Laboratory Report 4 weeks following sampling 4. Wellfield Assessment Draft Technical Memorandum 3 weeks following lab and Rehabilitation results Recommendations Final Technical Memorandum 1 week following CITY Technical comments on Draft TM Memorandum *Step Drawdown and pump testing may take up to three (3) weeks to conduct based on CITY schedule and wellfield planning. 5. ASSUMPTION(S): • The CITY will provide the CONSULTANT with available information on well construction, boring logs, maintenance records, etc. CONSULTANT will reasonably rely upon the accuracy and completeness of the information/data provided by the CITY. • CONSULTANT will rely on existing flowmeters, which are calibrated every 5 years by the CITY as required by the South Florida Water Management District. CONSULTANT will also rely on existing pressure gauges and pressure transducers. • Up to three CONSULTANT personnel will attend the wellfield site tours prior to developing the wellfield performance testing plan. It is anticipated that the site tours will be completed within three days. • Wellfield testing will be executed using CITY's existing pumps and equipment (i.e. flowmeters, sample ports, pressure gauges, pressure transducers, etc.) and will be coordinated with CITY operators. All proposed testing will be completed by CONSULTANT. CITY will be responsible only for site access, access to well motor for voltimeter installation and testing, providing access to annular space of wells, and installing sample ports, where needed. City of Boynton Beach, #UT -2A-04 Page 7 Jacobs Page 1089 of 1276 CONSULTANT will provide instruments to measure field chemistry during the specific capacity tests. CITY staff will provide site access to wells. Additional services outside the scope of this Work Authorization may be requested, including: SDC's provided by CONSULTANT for rehabbing wells, evaluating the condition of pumping equipment, reviewing the third -party water well contractor's evaluation of the pump, pump assembly, and recommendations for repairs, and conducting a pump - performance test on a new or repaired pump. The CITY will coordinate areas for discharge during the well specific capacity testing. The presence or duties of CONSULTANT's personnel at a construction site, whether as onsite representatives or otherwise, do not make CONSULTANT or CONSULTANT's personnel in any way responsible for those duties that belong to CITY including, but not limited to, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work and any health or safety precautions required by such work. 6. BILLING RATES TABLE: CONSULTANT work will be billed per the approved list of hourly rates in the table below: Classification Hourly Rate Principal $298 Senior Project Manager $253 Project Manager $192 Senior Technologist $259 Engineer/Hydrogeologist/Scientist $125 Junior Engineer/Hydrogeologist/Scientist $116 Designer $107 Technician $116 Clerical/Administrative $88 The proposal is effective for 90 days. The contact person of CONSULTANT for this Task Order is Raul Alfaro, P.E., 550 West Cypress Creek Road, Suite 400, Fort Lauderdale, FL 33309, Direct (954) 513-1540, Mobile (786) 709-1119. Authorization Submitted by Jacobs Engineering Group Inc. w f Name: Sirpa H. Hall, PE Title: Senior Business Vice President Date: 8/2/2022 City of Boynton Beach, #UT -2A-04 Page 8 Jacobs Page 1090 of 1276 0 THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred I as "CITY", and JACOBS ENGINEERING GROUP, INC., hereinafter referred to a "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinaft- r- -r pecified WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynto Beach solicited proposals for a non-exclusive Contract to perform professional planning service with a qualified firm for required services, and WHEREAS, THE CITY issued a Request for Qualifications for HYDROGEOLOGICA CONSULTING SERVICES, RFQ No. 023-2821-18/IT; and WHEREAS, RFQ No, 023-2821-18/IT defined Scope of Services as hydrogeologicE consulting services; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment ti perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on July 17, 2018, determined that CONSULTANT wa� qualified for appointment to perform the scope of services set forth in the Request fo Qualifications; and WHEREAS, the CITY Manager, through her administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of consulting and surveying services within the scope of the Request for Qualifications. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows - ARTICLE 1 - SERVICES CONSULTANT agrees to perform Hydrogeological Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified project which may be assigned to CONSULTANT is set forth on Exhibit "B". The CITY's Representative during the performance of this Contract shall be Michael Low, Deputy Utilities Director, telephone (561) 742-6403 or lioNuirri@�bf] us Page 1091 of 1276 uazd��� 2.1 The initial Contract period small be for an initial term ot two (2) years, commencing at the execution of the contract, and the City reserves the right to renew the contract for three (3) additional one (1) year periods, under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the Consultant. C2 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 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement and the specific task order, unless an extension of time is granted in writing by the CITY ARTICLE 4 - PAYMENT The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made as provided on Exhibit "11 19 attached hereto. a. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Suchvouchers will be checked by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved within thirty (30) days. 111111111111�OiOl I I P1r44L*J i I P) M 4 TLO 6 c. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Page 1092 of 1276 /-131114q-q= 1K*1TA'k1 14;�--10 1 1;Z-11 � All documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk. ARTICLE 6 - FUNDING 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 CONSULTANT represents and warrants to the CITY that it is competent to engage in the VdVA,V�v �r6Tt professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for professional surveying and mapping and related services equal to or exceeding the standard of care for surveying professionals practicing under similar conditions. In submitting its response to the RFQ, 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 iiscretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS 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. Flizi d 10] 4 *13 Hl 1914 Ji I Z, III lq—"% 111101 ki- 111110- 9 to] tMoldilolli [P91141-IRWI M I 11003 Page 1093 of 1276 i1either party to this Agreement shall be liable to any third party claiming directly or through tl-m 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 gervices 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 •• of all policies, and shall be written by an insurance company authorized to di • in Florida. 10.1.1 Workees 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 Employees 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 Employers 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 .• 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-, Products Completed Operations and Contractual Liability with sp�cific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage to the extent caused by the negligent performance • this Agreement. CONSULTANT shall maintain a minimum coverage • $1,000,000 •- occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for •!- damage. The general .• insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation • the •• upon thirty (30) •. prior written • to the CITY. 10.1.3Business Automobile Liability- The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The • shall maintain a minimum amount • $1,000,000 combined single limit for ••• 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 • 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 tWe •1 Page 1094 of 1276 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. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by ft; CONSULTANT of additional liability insurance coverage or coverage which i --- different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independe CONSULTANT with respect to the services provided pursuant to this Agreeme Nothing in this Agreement shall be considered to create the relationship employer and employee between the parties hereto. Neither CONSULTANT n 0 any employee of CONSULTANT shall be entitled to any benefits accorded C1 employees by virtue of the services provided under this Agreement. The CITY sh not be responsible for withholding or otherwise deducting federal income tax social security or for contributing to the state industrial insurance progra oag e d ll therwise ssumin•thuties of an employer with respect to CONSULTANT, any employee of CONSULTANT. 11.2 CORS11-TAMT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT's obligation includes, but is not limited to CONSULTANT's obligation to preserve public records and make public records available to third parties in addition to the CITY Page 1095 of 1276 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of truth -in -negotiation certificate certifying that the wage rates and costs used determine the compensation provided for in this Agreement is accurate, completl and current as of the date of the Agreement and no higher than those charged t CONSULTANT's most favored customer for the same or substantially simil service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums shouli 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. k''110 ail; 11:110:4 W The COr1,.r-,1rLTAi1T, 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 The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. LJ"JWR_-S Mm Page 1096 of 1276 urg—Durm ........... ......................... ............... ............. ....................... !Truff 2yrr-fc7f 15T)= 1 3 1 111 111 al I E! EII default or breach. LV6= 4 A lys d 4 j IT, I I I, F_% d [41 1, 1 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. 17.2 Termination for Default: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. A 4E IM _01 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. 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. Page 1097 of 1276 r Box CypressBoynton Beach, FL 33426 550 W. Creek Rd. Attn:Bulman Agreement,M' 11145IFTWA This .•ether with the RFQ/RFP r any addendaand/or represents __integrated agreement between the CITY and the CONSULTANT supersedes all prior negotiations, representations, or agreements written or oral. This Agreement be de•d by both d CONSULTANT. f 22.1 CITY is a political subdivisionof the State of Floridaand enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modifyd limitations on . • provided for in Section 7. (r r it , Statute, as may ► ^ emended from time to time, or any successor thereof. d provisions co ' a ' d 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 1 y state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreeme the prevailing party shall be entitled to recover its own costs and attorney fe through and including any appeals and any post -judgment proceedings. CITY liability for costs and attorney's fees, however, shall not alter or waive CITY lli entitlement to sovereignor extendliabilitybeyond the lim' established in Section 768.28, Florida Statutes, as amended. Page 1098 of 1276 disputes1. Claims, Other matters in question between the parties to Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not o„ mediation or arbitration any matter ,„ v xd to this Agreement. r" 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ;Y } } «i 4; l A!;✓ 4 DATED this rr ��� 20 � 6� 061�1100 IC4 C,N VI Y MNNAGE[R No tIII III�Pi�ll... Thomas J. Meinhart,,: Vice resident Jacobs g Approved as to Form: Attest/Au then tioated- Office or Page 1099 of 1276 I - - . I FIETIANZ-1w INSURANCE ADVISORY FORM of Boynton Beac as Additio al Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract orbinder may be accepted as proof of insurance if Certificate is provided upon selection of vendor) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal &Adv. injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50.000.00 Employees & Officers Med. Expense (any one person) $ 5,000-00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Broad Form Property Damage Fire Legal Liability .. ... .... ... ... .... .... ... . Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos PIP Basic Intermodal Garage Liability Any Auto Garage Keepers Liability Excess Liability Umbrella Form Worker's Compensation Employer's Liability Property Homeowners Revocable Permit Builders Risk Other - As Risk Identified Combined Single Limit $ 300,000.00 Bodily Injury (per person) to be determinet Bodily Injury (per accident) to be determiriza Property Damage to be determirw.,-* Trailer Interchange $ 50,000.00 Auto Only, Each Accident $ 1,000,000.00 Other Than Auto Only $ 100,000.00 Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Each Occurrence to be determined Aggregate to be determined Statutory Limits Each Accident $ 100,000-00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 $ 300,000.00 Limits based on Project Cost to be determined INSURANCEADVISORYFORM05 Revised 11/2012 Page 1100 of 1276 R N ,umN mGai�ua iAw�eImmtwtr w'pwao',r°; ��a°NMmu�ummr,aulu��m�� m�,m�umm�aa'�i�: ��ur� wk's r°r,mmm mumm°4 Pimm pom,mage j-rm°6umm >defiw, m^a°N Page 1101 of 1276 Hour Fmurmmuucmurm CIIll ,rmwrmEllentlummumu uunuuuualr II{°"Ilanm�m:t.Aiimum r uN• ' r' p mwmm l mm ! MmmllYm mm �tr ..,... .... � m umm¢uur M+ unu mumuuu lr m" Sir,, 1110 tl mo m^mm im mmmr I Scientis 211......... ^ Ilnu� mmm,mmm.11r I OFFIP 'du muEuulllum�Nm ut /'F cIriummmd° .... $125 1Ugpi murw � unu "uuml�u,ir m" !fj!!uq m^mm1 "list I ,eteiimfisli .... g .... ... w..... .... .... .... $11,61 Feelb SI1 :"Dmu¢wlli mll " , Illunnllliimiiii llr°ifiive ��a°NMmu�ummr,aulu��m�� m�,m�umm�aa'�i�: ��ur� wk's r°r,mmm mumm°4 Pimm pom,mage j-rm°6umm >defiw, m^a°N Page 1101 of 1276 The City of Bounton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 June 28, 2022 JACOBS ENGINEERING GROUP Attn: Mario Loaiza 550 W. Cypress Creek Road Fort Lauderdale, Florida 33309 VIA EMAIL TRANSMITTAL TO: Mario.Loaizaiacobs.com RFQ.: Hydrogeological Consulting Services RFQ No.: 023-2821-18/IT CURRENT BID TERM: SEPTEMBER 10, 2021— SEPTEMBER 9, 2022 Dear Mr. Loaiza: The current bid term for "HYDROGEOLOGICAL CONSULTING SERVICES" expires September 9, 2022. 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 3rd 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 pratttbbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, 1*kaL Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 1102 of 1276 The City of Bounton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 June 28, 2022 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, 2022— SEPTEMBER 9, 2023 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) JACOBS ENGINEERING GROUPiNc NAME OF COMPANY Sirpa H Hall SIGNATURE Manger of Projects NAME OF REPRESENTATIVE TITLE (please print) 6/29/2022 (954) 299 8577 DATE (AREA CODE) TELEPHONE NUMBER Sirpa.Hall@jacobs.com E-MAIL America's Gateway to the Gulf Stream Page 1103 of 1276 7.B. Requested Action by Commission: Approve 12% contingency in the amount of $138,703.80 for the Harvey E Oyer, J r Park Marina Boat Ramp Improvement Project. The total approved project bid is $1,155,865. With the Contingency the total approved project budget will be $1,294,568.80. Explanation of Request: November 2021, Commission approved R21-149, that authorized the City Manager to sign an agreement with Ferreira Construction Company, Inc. of Hobe Sound, FL as a result of RFP No. 090-2511-21 for Harvey E. Oyer, Jr. Park Marina Boat Ramp Improvement Project (Re -Bid) in the amount of $1,155,856.00. The award did not include a contingency. Staff request that Commission approve a 12% contingency in the amount of $138,703.80 to the approved award of $1,155,865 for a total of $1,294,568.80. The contingency will allow staff to authorize minor scope changes to the project. Staff has recommended a 12% contingency, in lieu of the standard 10%, because the Consumer Price Index for all Urban Consumers (CPI -U) for Miami -Ft. Lauderdale -West Palm Beach rose 7.0 percent from June 2020 to June 2022. The additional $23,117.30, for a 12% vs a 10% contingency, would provide Staff with discretion about what additional services would need to be brought back for commission approval. How will this affect city programs or services? The boating community and the users of this facility have stated that the four (4) boat ramps have become difficult to use due to the current surface conditions. These conditions include both surface materials and the slope of each ramp. This project will directly improve the use of the City facility. The boat ramps will need to be closed for approximately (2) months to efficiently reconstruct the ramps and provide the least amount of disruption to boaters. As part of the ramp closure, staff has already pro -rated the annual rate of the boat trailer parking permits relative to the time that the ramp will remain closed. Staff will provide ample notice to the public via signage at the park, social media and direct communications with permit holders regarding closure. Due to the long lead time required for materials (i.e: gangways, docks, ramps, etc.), construction of the project cannot begin until all materials are received. Fiscal Impact: Funds are included in the adopted C I P budget 302-4211-572.63-05, Project# RP2131 FY 21/22 - $600,000.00 (Florida Inland Navigational District) Grant FY 21/22 - $695,000.00 Alternatives: Page 1104 of 1276 Commission could approve a 10% Contingency (in the amount of $115,586.80). Or could deny this request and ask that any changes be submitted on a case by case basis. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1105 of 1276 7.C. Consent Bids and Purchases Over $100,000 9/22/2022 Requested Action by Commission: Proposed Resolution No. R22-137 -Award of Bid No. PW E22-035 for "Ezell Hester Jr. Park Improvement - PH 1A" and authorize the Interim City Manager to sign a Construction Contract and issue a Purchase Order to the lowest responsive and responsible bidder, CSR Heavy Construction, Inc., of Deerfield Beach, Florida, in the amount of $3,639,358.00 plus a 10% contingency amount of $363,935.80, for a total estimated amount of $4,003,293.80. Explanation of Request: On June 23, 2022, Purchasing Services issued a Bid for "Ezell Hester Jr. Park Improvements— Phase 1A" with a mandatory pre-bid meeting held on July 6, 2022 in order to review the project with interested and qualified contactors. The purpose of the bid was to obtain the services of a qualified contractor to renovate and refurbish the Ezell Hester Jr. Park — Phase 1A. On August 16 2022, the City received and opened a total of five (5) submittals to this Bid. The submittals were reviewed by procurement. LTG Sports Turf One, LLC was deemed Non -Responsive due to an incomplete submittal (the required Bid Form and Warranties Form were not completed in accordance with the terms and conditions of the Bid). The City reserves the right to award the Contract or Purchase Order to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price, and other factors considered. After reviewing the bid and references submitted by CRS Heavy Construction, City's Engineering staff and Purchasing Services recommend this project be awarded to CSR Heavy Construction. Estimated time to complete: 270 calendar days. CONTRACTOR NAME BASE BID TOTAL Bid Proposal #1 CSR Heavy Construction, Inc. $3,639.358.00 Bid Proposal #2 West Construction, Inc. $3,736,589.00 Bid Proposal #3 Waypoint Contracting, Inc. $4,079,794.00 Bid Proposal #4 B&B Underground Construction, Inc. $4,475,500.00 How will this affect city programs or services? This project will modernize the sports complex. It replaces the existing grass field with a synthetic turf field, adds more parking, replaces the bleachers and press box, upgrades the lighting (that will be cheaper to operate), and provides for security installations. The grass field is not capable of providing the required level of service. The new synthetic turf field will allow for everyday use for football and/or soccer without a recovery rest period. Fiscal Impact: $3 million of the funds for this expenditure are available in Fund Account # 303-4209-572.63-05 (RP2011). The remaining $639,358 will be taken from Fund Account # 303-4905-580.63-08 (CP0266). Page 1106 of 1276 Alternatives: Not award and reject all bids. Resolicit the requirement. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: CSR Heavy Construction Start Date: End Date: Contract Value: $3,639,358.00 Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Type IRE)S()llLAti0111 Coir:tira ct ttach irTIENI'lt Description lRE)S akAtioin a w.,iirdliir g IBid air:d Cay intra ct to C&I I IEsavy Coir stir'L.aiCUCair: forIC:::: ZE)� 111 Il llEsstEsir' Jr Park I irnpra veirTIENI'ItS FI V'T IC::::: 22 035 Il: Z 11l I I1 St ir' Jr Park Rl 11A Coirntira cft C S R l IEsavy Coir:str'LAC',tli01r: Bid IFlirolpc.sall C IVV IC:::::22 35Il: ZE)a 111 II Ilasstasir' J ir. Park II irgpir'a veirT1asir:t Rl 11 1A Bid TaibLA. a bola Page 1107 of 1276 1 RESOLUTION NO. R22-137 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AWARD OF BID NO. PWE22-03S FOR "EZELL HESTER JR. 5 PARK IMPROVEMENT - PH 1A" AND AUTHORIZE THE INTERIM CITY 6 MANAGER TO SIGN A CONSTRUCTION CONTRACT AND ISSUE A 7 PURCHASE ORDER TO THE LOWEST RESPONSIVE AND RESPONSIBLE 8 BIDDER, CSR HEAVY CONSTRUCTION, INC., OF DEERFIELD BEACH, 9 FLORIDA, IN THE AMOUNT OF $3,639,358.00 PLUS A 10% 10 CONTINGENCY AMOUNT OF $363,935.80, FOR A TOTAL ESTIMATED 11 AMOUNT OF $4,003,293.80; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, On June 23, 2022, Purchasing Services issued a Bid for "Ezell Hester Jr. 14 Park Improvements — Phase 1A" with a mandatory pre-bid meeting held on July 6, 2022 in 15 order to review the project with interested and qualified contactors; and 16 WHEREAS, the purpose of the bid was to obtain the services of a qualified contractor 17 to renovate and refurbish the Ezell Hester Jr. Park— Phase 1A; and 18 WHEREAS, on August 16 2022, the City received and opened a total of five (5) 19 submittals to this Bid which were reviewed by procurement and after reviewing the bid and 20 references submitted by CRS Heavy Construction, Inc., City's Engineering staff and Purchasing 21 Services recommend this project be awarded to CSR Heavy Construction, Inc; and 22 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 23 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 24 approve award of Bid No. PWE22-035 for "Ezell Hester Jr. Park Improvement - PH 1A" and 25 authorize the Interim City Manager to sign a Construction Contract and issue a Purchase Order 26 to the lowest responsive and responsible bidder, CSR Heavy Construction, Inc., of Deerfield 27 Beach, Florida, in the amount of $3,639,358.00 plus a 10% contingency amount of $363,935.80, 28 for a total estimated amount of $4,003,293.80. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 30 OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 32 as being true and correct and are hereby made a specific part of this Resolution upon 33 adoption. 34 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby S:ACA\RESO\Agreements\Award Bid and Contract for Ezell Hester Jr Park Improvement (CSR) - Reso.docx -1- Page 1108 of 1276 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 approves award of Bid No. PWE22-035 for "Ezell Hester Jr. Park Improvement - PH 1A" and authorize the Interim City Manager to sign a Construction Contract and issue a Purchase Order to the lowest responsive and responsible bidder, CSR Heavy Construction, Inc., of Deerfield Beach, Florida, in the amount of $3,639,358.00 plus a 10% contingency amount of $363,935.80, for a total estimated amount of $4,003,293.80, a copy of the Contract is attached hereto and incorporated herein as Exhibit "A". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of September, 2022. ATTEST: Mayiee ue Jesus, MFA, MMC. City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Award Bid and Contract for Ezell Hester Jr Park Improvement (CSR) - Reso.docx -2- Page 1109 of 1276 CONSTRUCTION CONTRACT EZELL HESTER JR. PARK IMPROVEMENTS - PHASE 1A THIS AGREEMENT is entered into by and between the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and CSR Heavy Construction a [type of entity: corporation] authorized to do business in the State of Florida, with a business address of 90 SE 3rd Court, Deerfield Beach, Florida, 33441, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has selected the CONTRACTOR to perform construction services related the [title of project]; and, WHEREAS, at its meeting of September 22, 2022, by Resolution, the CITY Commission approved this award to CONTRACTOR and authorized the proper CITY officials to execute this Agreement hereinafter referred to as Contract No.: PWE22-035. NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: :J X67 ;1T,TL61;1 CONTRACTOR shall furnish all labor, materials, and equipment and perform all the necessary services in the manner and form provided in the CITY's solicitation (herein referred to as "WORK") entitled:ITS B No.: PWE22-035, Ezell Hester Jr. Improvements - Phase 1A. Article 2. CONSULTANT. CITY of Boynton Beach ("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with the completion of the WORK in accordance with the Contract Documents. iii ► ' 11I I tI11 ► ' • ► 3.1 Contract Time. The WORK will be substantially completed within (2401 [Two Hundred Forty] calendar days from the effective date of this Agreement, when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within (M [Thirty] calendar days from the date of Substantial Completion. 3.2 Termination for Convenience. This Agreement may be terminated by CITY for convenience, upon providing fourteen (14) business days of written notice to CONTRACTOR for such termination. In the event of termination, CONTRACTOR shall be paid its compensation for services performed till the termination date, including services reasonably related to termination. In the event that CONTRACTOR abandons this Agreement or causes it to be terminated, CONTRACTOR shall indemnify CITY against loss pertaining to this termination. 3.3 Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should CONTRACTOR neglect or fail to Bid No. PWE22-035 Ezell Hester Jr Park Improvements — PH 1A C-1 100464197.1306-90018211 perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by CONTRACTOR of written notice of such neglect or failure. Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, [One Thousand Six Hundred] Dollars $1,6001 for each day of that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY Four Hundredl Dollars 400.001 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for the faithful performance of the Contract, in lawful moneyof the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: Three Million Six Hundred Thirty -Nine Thousand Three Hundred Fifty -Eight Dollars $3,639,358.00 (Written) (Numerical) CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY maywithhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Bid No. PWE22-035 Ezell Hester Jr Park Improvements — PH 1A C-2 100464197.1306-90018211 Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Five percent (5) of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance by CITY. 5.5 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.6 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. 5.7 All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. CONTRACTOR warrants all work, materials, and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Mae—to] 11 meuo 2 111 ►1 ► The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Proposal / Bid Forms (including the Proposal, Schedule(s), Information Required of Proposer, and all required certificates, affidavits, and other documentation) 7.4 Contract 7.5 CONTRACTOR's Performance and Payment Bond, and Warranty Title 7.6 General Conditions 7.7 Special Terms and Conditions Bid No. PWE22-035 Ezell Hester Jr Park Improvements — PH 1A C-3 100464197.1306-90018211 7.8 Specifications and Technical Requirements 7.9 City Construction Standards and Details available online at: wwywwt_Ikptu indt:uiri-12eeic Irw uir¢ / d: it uaidiilludii /ir: Muir diruai duauirn hwt..................... ..........................................................................y.......................................................................................g.....................g...........................................g...................................................................................................................................IL........................................................➢....................................... works ,.,i i!n..g.::::�fivis..jon 7.10 Drawings Entitled: Attachment A 7.11 Addendum No. 1, 2, & 3 ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to CITY shall be mailed to: City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, FL 33435 Telephone No. (561) 742-6000 And if sent to the CONTRACTOR shall be mailed to: CSR Heavy Construction, Inc. Attention: Paul Arcella ; Carter Henningsen 90 E. Third Court Deerfield beach, FL 33441 Telephone No. (954) 421-1264 Email: ; 11wtu......��Csir eeaw .Ccun� a airteir �,a sirlheav .a cun� Article 9. INDEMNITY. 9.1 The CONTRACTOR shall indemnify and hold harmless the CITY and its officers, employees, agents and instrumentalities from liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of or resulting from the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR, its employees, agents, servants, partners, principals or subcontractors during the term of this Agreement or resulting thereafter. The CONTRACTOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The CONTRACTOR expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CONTRACTOR shall in no way limit the responsibility to indemnify, keep and save harmless and defend the CITY or its officers, employees, agents and instrumentalities as herein provided. 9.2 CONTRACTOR's aggregate liability shall not exceed the proceeds of insurance required to be placed pursuant to this Agreement, plus the compensation received by CONTRACTOR. 9.3 Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 9.4 CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of CONTRACTOR. 9.5 Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Section 768.28, Florida Statutes, as may be amended from time to time. Bid No. PWE22-035 Ezell Hester Jr Park Improvements — PH 1A C-4 100464197.1306-90018211 II ' � ►1 � ►1 ► ► ► ► Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to the CONTRACTOR and be deducted from payments due CONTRACTOR as provided bythis Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. 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 a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall: 11.1 Keep and maintain public records required by the CITY to perform the service; 11.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 11.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the 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, 11.4 Upon completion of the contract, CONTRACTOR shall transfer to the CITY, at no cost to the CITY, all public records in CONTRACTOR's possession. All records stored electronically by CONTRACTOR must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK'S OFFICE) 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6060 gillt III iirllh IIIIIII S Bid No. PWE22-035 Ezell Hester Jr Park Improvements — PH 1A C-5 100464197.1306-90018211 Article 12. E -VERIFY. 12.1 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 herein below. 12.1.1 Definitions for this Section: A. "Contractor' means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor' includes, but is not limited to, a vendor or consultant. B. "Subcontractor' means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 12.1.2 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. Contractor shall register for and utilize the U.S. Department of Homeland Security's E - Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. Article 13. SCRUTINIZED COMPANIES. By execution of this Agreement, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. Proposer 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 Bid No. PWE22-035 Ezell Hester Jr Park Improvements — PH 1A C-6 100464197.1306-90018211 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 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, the CONTRACTOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the CONTRACTOR does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Article 14. MISCELLANEOUS, 14.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 14.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 14.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 14.4 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. 14.5 Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement. 14.6 At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. 14.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state, and federal agencies as applicable. 14.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation and the CONTRACTOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. Bid No. PWE22-035 Ezell Hester Jr Park Improvements — PH 1A C-7 100464197.1306-90018211 14.9 This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. Article 15. DEFAULT OF CONTRACT & REMEDIES. 15.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 15.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: 15.2.1 The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days. 15.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. 15.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR's default is such that more than seven (7) days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. 15.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. 15.2.5 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 15.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) days of such declaration of default, rectify or cause Bid No. PWE22-035 Ezell Hester Jr Park Improvements — PH 1A C-8 100464197.1306-90018211 to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement, at its own cost and expense. 15.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services under the Agreement. 15.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re -letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONTRACTOR and/or the Surety together with the costs incident thereto to such default. 15.3.3 In the event CITY completes the Agreement at a lesser cost than would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY. 15.3.4 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar (14) days of the receipt by CONTRACTOR of such notice from CITY. SIGNATURE PAGE FOLLOWS Bid No. PWE22-035 Ezell Hester Jr Park Improvements — PH 1A C-9 100464197.1306-90018211 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 OF THE FOREGOING, the Parties have set their hands and seals the day and year written below. DATED this day of 12022. CITY OF BOYNTON BEACH: CONTRACTOR: [CSR HEAVY CONSTRUCTION] James Stables, Interim City Manager (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Approved as to Form: Michael D. Cirullo, Jr. Office of the City Attorney Attested/Authenticated: City Clerk — City of Boynton Beach Bid No. PWE22-035 Ezell Hester Jr Park Improvements — PH 1A C-10 100464197.1306-90018211 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 20 , entered into a contract with Owner for in accordance with drawings and specifications prepared by reference made a part of hereof, and is hereinafter referred to as the Contract. which contract is by Bid No. PWE22-035 Ezell Hester Jr Park Improvements — PH 1A PFB-1 THIS FORM SHALL BEEXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractorwith a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Bid No. PWE22-035 Ezell Hester Jr Park Improvements — PH 1A PFB-2 THIS FORM SHALL BEEXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Signed and sealed this day of 12022. Witness Witness Principal (Seal) Title Surety Attorney -in -Fact END OF PERFORMANCE BOND Bid No. PWE22-035 Ezell Hester Jr Park Improvements — PH 1A THIS FORM SHALL BEEXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PFB-3 PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Address or legal title of contractor) hereinafter called Principal, and (Insert name of Contractor) (Name and address of Surety) as Principal, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated entered into a contract with Owner for drawings and specifications prepared by reference made a part of hereof, and is hereinafter referred to as the Contract. 2022, in accordance with which contract is by NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: Bid No. PWE22-035 Ezell Hester Jr Park Improvements — PH 1A PYB-1 THIS FORM SHALL BEEXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12022. Witness Witness Principal (Seal) Surety Attorney -in -Fact END OF PAYMENT BOND Bid No. PWE22-035 Ezell Hester Jr Park Improvements — PH 1A PYB-2 THIS FORM SHALL BEEXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: He is of , (Title) (Name of Corporation or Firm) a Florida Corporation a Florida General Partnership a Florida Limited Partnership a Sole Proprietor () Check One which is named in Construction Contract dated the day of 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of make this Affidavit as, or on behalf of, the Contractor as named above. and Affiant is authorized to Title to all work, materials and equipment covered by the attached Final Application for Payment dated passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Affiant Sworn to and subscribed before me this day of 12022. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Bid No. PWE22-035 Ezell Hester Jr Park Improvements — PH 1A THIS FORM SHALL BEEXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Vials City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contractor binder maybe accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ----------------------------------------------------------------------------------------------------------------------------- Professional Liability Aggregate ----------------- - $1,000,000.00 ----------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit ----------------- $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non -Owned Autos ----------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence ----------------- to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified INS URANCEAD V I S ORYFORM to be determined Revised 04/2021 Insurance Advisory Form $ 300,000.00 Limits based on Project Cost Limits based on Project Cost PWE22-035 - Ezell Hester Jr. Park Improvements - Phase 1A Opening Date: June 23, 2022 9:00 AM Closing Date: August 16, 2022 2:30 PM Vendor Details Company Name: CSR Heavy Construction Does your company conduct business under any other name? If No yes, please state: 90 SE Third Court Address: Deerfield Beach, Florida 33441 Contact: Carter Henningsen Email: Carter@csrheavy.com Phone: 954-421-1264 Fax: 954-421-1601 HST#: 59-1480842 Submission Details Created On: Thursday June 23, 2022 11:54:04 Submitted On: Tuesday August 16, 2022 14:08:54 Submitted By: Carter Henningsen Email: Carter@csrheavy.com Transaction #: dbc67ad6-038e-4535-9e35-f4e1 e74cb3dd Submitter's IP Address: 162.17.98.25 Bid Number: PWE22-035 Vendor Name: CSR�agvv 1 �6 ti9C176 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. Bid Number: PWE22-035 Vendor Name: CSR�agvv 1 ���ro ti i9C176 BID PROPOSAL - EZELL HESTER JR. PARK IMPROVEMENTS - PHASE 1A BID PROPOSAL - Price Proposal Online Form NOTE: Bid Proposal Sheet The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for "EZELL HESTER JR. PARK IMPROVEMENTS — PHASE 1A". lel41•PiTIA Ll IN *y Item No. 16: Owner's Contingency - Lh l t II:�Iirlice at " 'H)0,000.00 Item No. 17: Low Voltage / Security - Lh l t II:�Iirlice at " 'H)0,000.00 Item No. 18: Permitting - Uii l t II:�Iirlice at " 'H)0,000.00 W0101110 • It is the Contractor's responsibility to verify all existing conditions and quantities prior to submitting a Bid. • Miscellaneous work required in Phase 1 B and 2 associated with electrical / data handholds / pull boxes for future tie-in and electrical / data work required at the existing electrical room and tied back to Phase 1A are included in the Scope of Work. Bidders will complete the work in accordance with the contract documents and as further described in Section 01025. DESCRIPTION QUANITY UNIT UNIT PRICE* VALUE General Conditions 1 LUMP SUM $175,331.0000 $ 175,331.00 Mobilization and Demobilization 1 LUMP SUM $8,785.0000 $ 8,785.00 Maintenance of Traffic 1 LUMP SUM $44,617.0000 $ 44,617.00 Insurances 1 LUMP SUM $25,000.0000 $ 25,000.00 Bonds 1 LUMP SUM $57,434.0000 $ 57,434.00 Demolition 1 LUMP SUM $79,251.0000 $ 79,251.00 Paving, Grading, and Drainage 1 LUMP SUM $643,101.0000 $ 643,101.00 Landscaping and Irrigation 1 LUMP SUM $241,005.0000 $ 241,005.00 Electrical 1 LUMP SUM $699,912.0000 $ 699,912.00 Goal Posts 1 LUMP SUM $38,806.0000 $ 38,806.00 Canopies / Pre -Engineered Structures 1 LUMP SUM $48,682.0000 $ 48,682.00 Bleachers / Press Box 1 LUMP SUM $311,278.0000 $ 311,278.00 Bike Racks / Benches / Trash Receptacles 1 LUMP SUM $58,768.0000 $ 58,768.00 Artificial Turf 1 LUMP SUM $839,808.0000 $ 839,808.00 Fencing 1 LUMP SUM $67,580.0000 $ 67,580.00 Owner's Contingency 1 ILUMP SUM I$100,000.0000 $ 100,000.00 Low Voltage / Security 1 ILUMP SUM 1$100,000.0000 $ 100,000.00 Permitting 1 ILUMP SUM 1$100,000.0000 $ 100,000.00 Subtotal: $ 3,639,358.00 Bid Number: PWE22-035 Vendor Name: CSR�agvv 1 �n�ro ti i9C176 BID PROPOSAL -ALTERNATE NO. 1 - EZELL HESTER JR. PARK IMPROVEMENTS - PHASE 1A BID PROPOSAL - Price Proposal Online Form BID PROPOSAL -ALTERNATE NO. 1 Alternate No. 1 — Phase 1A: Replace artificial turf with Bermuda Grass and associated irrigation system. The alternate shall include all necessary components/elements required for a complete installation. DESCRIPTION IQUANITY JUNIT I UNIT PRICE- VALUE Bermuda Grass 11 1 Lump Sum -$215,979.0000 $ -215,979.00 Subtotal: $ -215,979.00 ALTERNATE NO. 1 BID PROPOSAL QUESTION Line Amount BID PROPOSAL - EZELL HESTER JR. PARK IMPROVEMENTS - PHASE 1A $ 3,639,358.00 Item Question Drop Down List* Comments 1 Will the Bid Proposal for Alternate No.1 be an ADD or DEDUCT DEDUCT Issuing organization name to the GRAND TOTAL? N/A Date of Issuance Summary Table Bid Form Amount BID PROPOSAL - EZELL HESTER JR. PARK IMPROVEMENTS - PHASE 1A $ 3,639,358.00 BID PROPOSAL - ALTERNATE NO. 1 - EZELL HESTER JR. PARK IMPROVEMENTS - PHASE 1A $ -215,979.00 Subtotal Contract Amount: $ 3,423,379.00 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses Description Response* Comments Is your company a Minority Owned business? No Please select the appropriate response Not Applicable Do you possess a certification qualifying your business as a Minority Owned business? No Issuing organization name Input response in comments box to the right N/A Date of Issuance Input response in comments box to the right N/A Bid Number: PWE22-035 Vendor Name: CSR�agvv 1 �n3�ro ti i9C176 Letter of interest The Letter of Interest shall summarizes the Bidder's primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response* 1 The Letter of Interest shall summarizes the CSR Heavy Construction, Inc. is a C Corporation established in 1973. CSR is Proposer's primary qualifications and a firm comprised of three divisions: Sitework/Civil Heavy Construction, Athletic commitment to provide the proposed services. Construction, Field & Track Maintenance. Paul Arcella, President, is a Certified Is the business General Contractor, Certified Field Builder and Certified Track Builder. We own a business tax receipt of all the equipment necessary to perform all site and athletic construction. CSR Construction is uniquely qualified to perform the complete scope of work. Since issued in the current Florida Division of 1973 we have experience working on large civil projects, performing clearing, Business license number* of Boynton earthwork site drainage, asphalt paving, water distribution, sanitary sewer, concrete curbing and flatwork for both public entities and municipalities as well Beach, year? as private developers. Having our roots ins sitework allowed for the transition to the precision and tight tolerances required in all aspects of athletic work. Our resume includes running tracks, fields of all types including synthetic tur, natural d" Yes turf, courts, playgrounds and the like. We are also experience ins ports lighting, r Yes fencing bleachers and scoreboards. Many of our projects have been Design - * No r No Build; thereby designing the facility as a team with the owners and administrators, tailoring their project to meet their needs as well as the ability to value engineer. We also have a Track & Field Maintenance Division enabling CSR to service the tracks and fields we construct, thereby providing customer service and longevity, protecting the end users investment. We construct from inception to completion to providing necessary preventative maintenance for your facilities. CSR is the clear choice for your athletic facility project. Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. F7 We will not be submitting for Local Business Status Certification Is the business located within Does the business have Is the business a business tax receipt registered with the the City limits issued in the current Florida Division of Number of years in business Business license number* of Boynton Beach, year? Corporations? Florida? d" Yes r Yes r Yes * No r No r No Bid Number: PWE22-035 Vendor Name: CSR�agvv C�c�froctiQ1176 References In order to be considered for this project, the Bidder must list the last successfully completed project of similar scope and complexity in the State of Florida. List the minimum number of successfully completed projects of similar scope of work and complexity which shows experience and demonstrates expertise in providing the services as stated herein. Description Reference 1 * Name of Firm: Greater Boca Raton Beach and Park District Scope of Work: Demo, clearing 3 fields, drainage installation, laser grade, installation of 3 synthetic turf multipurpose fields, electrical, landscaping, irrigation, fencing, netting, athletic equipment Project Location: Patch Reef Park 2000 West Yamato Road Boca Raton, FL 333431 Cost of Service. $3,993,670 Start Date of Service: March 2019 End Date of Service: September 2019 Contact Person: Melissa Dawson Title: Facilities Director Email: mdawson@mybocaparks.org Phone #: 561-347-3942 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, if required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. r ��3y dick�ngIh iie II confiiiuin flh,A tlllueii eaiie no Subconfiactloii(s) and the Il3l deii'sh,M1 Ilpeii foiiiiin the Ilaiopctithtland.- 11 "OWII III OIII'��tClll�.S". Name Address Scope of work license No Contract Amount Percentage (%) of Contract Sportslighter 460 Business Parkway, Electrical EC13006730 650,000 18 Electric Suite A, Royal Palm Inc Beach, FL 33411 GT Grandstands 2810 Sydney Road Bleachers 300,000 8 Plant City, FL 33566 FieldTurf 175 N. Industrial Blvd, Synthetic Turf 369,060 10 NE, Calhoun, GA 30701 3D Irrigation 180 NE 4th Ave Irrigation U-19951 104,050 3 Delray Beach, FL 33443 Country West 12795 Westport Circle Landscaping 56-0027 122,235 3.5 Landscaping Wellington, FL 33414 FTE Sports 8250 Pascal Drive, Design and 40000 1 Ponte Gorda, FL 33950 Engineering of Field Bid Number: PWE22-035 Vendor Name: CSR�agvv 1 �nstro ti9C176 Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. DOCUMENTS THAT MUST ACCOMPANY PROPOSAL COMPLETE AND ACCEPTABLE • Bid Form - Bid Form. pdf - Tuesday August 16, 2022 10:33:57 • Bidder Qualification Statement - Qualification Statement. pdf - Tuesday August 16, 2022 12:01:21 • Anti -Kickback Affidavit - Anti -Kickback. pdf - Thursday August 11, 2022 15:22:09 • Non -Collusion Affidavit of Bidder - Non -Collusion Affidavit. pdf - Thursday August 11, 2022 15:42:47 • Certification Pursuant to Florida Statute 287.135 - Certification Pursuant to FL St 287.135.pdf - Thursday August 11, 2022 15:42:57 • Warranties - Warranties. pdf - Thursday August 11, 2022 15:43:06 • E -Verify Form Pursuant to Florida Statute § 448.095 - E-Verify.pdf - Thursday August 11, 2022 16:03:27 • Mandatory Site Inspection Confirmation Form - Site Inspection.pdf - Tuesday August 16, 2022 08:45:38 • Certificates Licenses and Business Permits W-9 - Certs-Licenses-Permits-W9.pdf - Thursday August 11, 2022 16:37:14 • Additional Document - Additional Documents.pdf - Tuesday August 16, 2022 13:24:00 Bonding Upload Section Refer to Bid Document ATTENTION ALL INTERESTED BIDDERS: All Bidders are required to submit a five percent (5%) Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. A one hundred percent (100%) Payment and Performance Bond is required upon notification by the City of the award the Contract to the selected firm. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the contractor, if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. • Bid Bond - Bid Bond.pdf - Tuesday August 16, 2022 13:22:15 Bid Number: PWE22-035 Vendor Name: CSR�agvv 1 �n3�ro ti i9C176 Addenda & Declarations SPECIAL TERMS AND CONDITIONS PURPOSE: The purpose of this bid is to secure the services of a qualified contractor to complete the construction of the proposed improvements for the Ezell Hester Jr. Park Improvements as shown in the plans for Phase 1A and Electrical / Data handholds ONLY in Phases 1 B / 2, for future electrical / data connections / distribution at locations indicated in Exhibit BBHP-01, dated 5/2/22, located under part 3 (Additional Support) per table of content for this Special Conditions Specifications. Also included in the scope of work is all miscellaneous work within phases 1 B and 2 that is required for the final completion of phase 1A (i.e. electrical / data connections to existing electrical / data rooms). AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references and past performance, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance, and vehicular liability insurance during the time any of bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B in accordance to A.M. Best's Key Rating Guide, latest edition. PERFORMANCE WARRANTY: The bidder shall guarantee all work, equipment, and materials included in the services against any defects in workmanship; and shall satisfactorily correct, at no cost to the City, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon the date of acceptance, inspection, and approval by the City Representative only. If the bidder is notified in writing of a deficiency in the work provided, within one year from completion of the work, the bidder shall, at the City's option, re -perform the work in question at no additional cost to the City, or refund the City the original charges for the work in question, including the difference in cost if any, to re -perform the work if completed by another vendor. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 All invoices submitted shall consist of as follows: • Clearly referenced the subject Contract or Purchase Order number; • Provide sufficient salient description to identify the goods and services for which payment is requested; • Contain date of delivery; • Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as "partial", "complete", or "final invoice." The City will accept partial deliveries. The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re -submit a corrected invoice to the City for processing. • It will be the sole responsibility of the Contractor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Contractor. • All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Bid Number: PWE22-035 Vendor Name: CSR�agvv cgOtruGtigC176 Contractor prior to leaving the work areas after completion of work. It is recommended that the Contractor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. • All work must meet or exceed the State of Florida Department of Transportation Applicable Standards to include the Florida Building Code and City of Boynton Beach Standards. • The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Public Works Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Contractor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting or oversight of the same, and the Contractor is to afford him all necessary facilities and assistance for so doing. • To prevent all disputes and litigation, it is agreed by the parties hereto that the Public Works Director or his representative shall decide all questions, difficulties and disputes of any nature which may arise relative to the interpretation of the Specifications, construction, prosecution and fulfillment of the Contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of the Contract, and his estimates and decisions upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. • Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public, obstruct traffic and interfere with business, it is important that once work commences at any site, it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. • In the event any delays or suspension of operations occur, the City reserves the right to hire off duty police, erect barricades, or take whatever actions are necessary to provide for the safety of the site. All costs involved in doing so shall be just claims against the Contractor or the Contractor's Performance and Payment Bond. By submitting a bid, the Contractor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material and dimensions except when the Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Project Manager or his representative and the Contractor shall not proceed when in doubt as to any dimension or measurement. PERFORMANCE OF WORK: a. The Contractor will furnish a qualified Superintendent who will be present at all times while work is being performed, and shall be authorized to act for the Contractor. The Contractor shall maintain sufficient plant, equipment, and labor on the job site to meet the requirements of the work. b. Equipment shall be kept in a satisfactory operating condition and capable of safely and efficiently performing the work. All operations shall be subject to inspection by the Project Manager or his representative at all times. The Contractor shall submit for approval by the Project Manager or his representative a description of the type of materials and equipment to be used; and to the method of procedure to be used in the performance of the work. C. It is expressly understood that the Contractor is in all respects an independent Contractor for this work, notwithstanding that under certain conditions, he is bound to follow the directions of the Project Manager or his representative, and is in no respect an agent, servant or employee of the City. RESTORATION OF PROPERTY: Property, public or private, if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the Project Manager, prior to the final acceptance of the work. Such facilities shall include but are not limited to: signalization equipment and miscellaneous hardware removed from construction site, driveways, walkways, walls, fences, mailboxes, sod, landscaping, irrigation systems, footings or underground utilities. DELAYS: a. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for completion of the work may be extended by the Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Project Manager or his representative within seven (7) days from Contractor's knowledge of a delay. Contractor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Contractor shall assume all risks resulting from delays except that should the City, by act or omission, Bid Number: PWE22-035 Vendor Name: CSR�agO vv c��n3gtruGtigC176 intentionally and without reason, cause delays which result in actual loss to the Contractor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed to the Contractor as reimbursement for any other delays whatsoever; regardless of by what or by whom caused, even though by other Contractors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. C. If the Contractor fails to start the work within the time specified, and if the City should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Contractor for damages arising from non -completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Contractor. d. Liability of the Contractor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. MATERIALS: a. The Contractor shall provide the services of all workmen, mechanics, tradesmen and other employees trained and skilled in their various occupations and all materials and equipment. The request for work to be performed will require the Contractor to supply all labor, equipment, materials and work incidental to, or described or implied as incidental to, the construction included under this Contract, notwithstanding any omission in the drawings or specifications. b. Wherever not explicitly described, materials and workmanship of every kind shall be in keeping with industry standards. The Contractor shall perform his work in proper sequence to the work or other contractors and to acts or operations of the City, and shall properly join his work to existing or new construction. c. All materials and every process and operation of manufacture, construction and erection shall be subject to inspection at all times, and the Project Manager or his representatives and their representatives shall have free access to all parts of the work of construction and erection. The Contractor shall remove, reconstruct, replace and make good, as may be directed, without charge, any defective work. Oversight or error or judgment of inspectors, or previous acceptance, shall not relieve the Contractor from the obligation to make good defects whenever discovered. �I�/e1�d��eU1�131 Upon completion of the work specified herein, and before acceptance of any part thereof, and any payment made to include final payment, the Contractor shall remove from the site completed, all machinery, equipment surplus and discarded materials and temporary structures. The disposal of all materials, rubbish and construction debris shall be made at a legal disposal site or by other manner if prior approval is granted by the City Engineer. Material cleared from site and deposited on adjacent or nearby property will not be considered as having been disposed of properly. Addenda & Declarations The Bidder hereby acknowledges and agrees: 1. To provide all goods, services and construction, as more specifically set out and in accordance with the Owner's Bid Call Document, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures or arrangements with any other company, firm or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. I/WE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the Bid Call Document(s) which shall include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If I/WE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Deposit accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. I/WE acknowledge and agree that any issued Addendum/Addenda forms part of the Bid Call Document. Bid Number: PWE22-035 Vendor Name: CSR�agvv 1 �n3zro ti i9C176 6. I/WE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner Palm Beach County Inspector General Acknowledgement The Consultant 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 Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub -consultants and lower tier sub -consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub -consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 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. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. p I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - PAUL ARCELLA, PRESIDENT, CSR HEAVY CONSTRUCTION INC The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? Ll 1561 The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: PWE22-035 Vendor Name: CSR�agvv 1 ��V ti9C176 II have ur vilii ^uww d @IIIA ^ bellow �mddeindww in mind File Name Pages a@°tam~;Illvurmm^urnt, (!!if IlpllpllI!!I ;a15111 � Addendum No. 3 - PWE22-035 Ezell Hester Jr. Park Improvements - Phase 1A 16 17 Tue August 2 2022 0925 AM Addendum No. 2 - PWE22-035 - Ezell Hester Jr. Park Improvements - Phase 1A 10- 61 Mon July 25 2022 11:38 AM Addendum No. 1 - PWE22-035 - Ezell Hester Jr. Park Improvements - Phase 1A 1 Thu June 30 2022 02:15 PM Bid Number: PWE22-035 Vendor Name: CSR�agvv 1 �n3�ro ti i9C176 Page 1139 of 1276 PW E22-035 - Ezell Hester Jr. Park Improvements - Phase 1A - Cost Analysis West C---ion, Inc. CSR Heavy Cen.—ion Waypoint Cont,.dinM Inc. B&B Underg.nd C---ion Inc. DESCRIPTIONUQ ANITY UNIT Submission 1 Submiuion 1 Submission 1 Submission 1 UNIT PRICE VALUE $334,80200 UNIT PRICE $175,3310000 VALUE $175,33100 UNIT PRICE $198,500.0000 VALUE $198,500.00 UNIT PRICE $116,000.0000 VALUE $116,000.00 --1 Condtions 1 LUMPSUM$334,8020000 Mobilization and Demobilization 1 LUMPSUM $181,452.0000 $181,452.00 $8,785.0000 $8,785.00 $25,750.0000 $25,750.00 $198,000.0000 $198,000.00 Maintenance of Traffic 1 LUMPSUM $2,500.0000 $2,500.00 $44,617.0000 $44,617.00 $7,500.0000 $7,500.00 $3,500.0000 $3,500.00 Insuances 1 LUMPSUM $43,255.0000 $43,255.00 $25,000.0000 $25,000.00 $15,785.0000 $15,785.00 $60,000.0000 $60,000.00 Bonds 1 LUMPSUM $30,504.0000 $30,504.00 $57,434.0000 $57,434.00 $64,500.0000 $64,500.00 $40,000.0000 $40,000.00 Demolition 1 LUMPSUM $48,713.0000 $48,713.00 $79,251.0000 $79,251.00 $54,500.0000 $54,500.00 $62,750.0000 $62,750.00 Paving Grading and Drainage 1 LUMPSUM $642,057.0000 $642,057.00 $643,101.0000 $643,101.00 $608,550.0000 $608,550.00 $588,700.0000 $588,700.00 L-dsapmg andl,igatl- 1 LUMPSUM $187,600.0000 $187,600.00 $241,005.0000 $241,005.00 $345,324.0000 $345,324.00 $371,750.0000 $371.750.00 Electrical 1 LUMPSUM $677,750.0000 $677,750.00 $699,912.0000 $699,912.00 $845,000.0000 $845,000.00 $864,000.0000 $864,000.00 Goal Posts 1 LUMPSUM $20,150.0000 $20,150.00 $38,806.0000 $38,806.00 $27,530.0000 $27,530.00 $21.100.0000 $21,100.00 Canopies/Pa{ngineead St--, 1 LUMPSUM $46,437.0000 $46,437.00 $48,682.0000 $48,682.00 $55,250.0000 $55,250.00 $23,500.0000 $23,500.00 Bleaches/Pass Box 1 LUMPSUM $327,751,0000 $327,751,00 $311,278.0000 $311,278.00 $421,700.0000 $421.700.00 $260,000.0000 $260,000.00 Bike flacks/Benches/ Tash Receptacles 1 LUMPSUM $39,063.0000 $39,063.00 $58,768.0000 $58,768.00 $68,805.0000 $68,805.00 $67,700.0000 $67,700.00 Artificial Turf 1 LUMPSUM $792,778.0000 $792,778.00 $839,808.0000 $839,808.00 $998,800.0000 $998,800.00 $1,325,000.0000 $1,325,000.00 Fencing 1 'Um $61,777.0000 $61,777.00 $67,580.0000 $67,580.00 $42,300.0000 $42,300.00 $173,500.0000 $173,500.00 Owner's Coming-, 1 LUMPSUM $100,000.0000 $100,000.00 $100,000.0000 $100,000.00 $100,000.0000 $100,000.00 $100,000.0000 $100,000.00 Low Voltage/Security 1 LUMPSUM $100,000.0000 $100,000.00 $100,000.0000 $100,000.00 $100,000.0000 $100,000.00 $100,000.0000 $100,000.00 Permitting 1 LUMPSUM $100,000.0000 $100,000.00 $100,000.0000 $100,000.00 $100,000.0000 $100,000.00 $100,000.0000 $100,000.00 S4ktptal: $3,7a9.B69,96 $almla = $9,079,794,06 $4.476,66606 Alte nate No 1 Subtotal: cetlun -$347,51200 cetlun -$215,979.00 cetlun -$440,000.00 cetlun -$443,080.00 Page 1139 of 1276 7.D. Requested Action by Commission: Approve additional landscape services for Utilities Stormwater Ponds and Lift Stations with Blue Marlin Investments, Inc. dba Cayco Landscaping in the amount of $240,000.00 in accordance with the approved one-year a)dension to Bid No. 034-2821-18/IT. Explanation of Request: At the Commission meeting of September 6, 2018, the City Commission awarded Bid No. 034-2821-18/ITfor landscape maintenance services for Utilities Sites to Blue Marlin Investments, Inc. dba 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. Vincent and Sons Landscaping declined to renew the contract for the third -year term. Cayco Landscaping renewal was approved by City Commission on September 8, 2022. Cayco Landscaping, currently provides basic landscape services for the Utilities water treatment plants, tanks and wells. Cayco Landscaping has agreed to perform the additional landscape maintenance services for the Utilities Stormwater Ponds and Lift Stations previously performed by Vincent and Sons Landscaping. How will this affect city programs or services? Implementation of these services will allow the City to continue uninterrupted landscape maintenance services for the Utilities Stormwater Ponds and Lift Stations under the original terms of the Bid. Fiscal Impact: Funding will be available in the Utilities Operations Budget in the following accounts: Lift Stations 401-2816-536-46.98 $100,000.00 Stormwater 401-2824-536-46.98 $120,000.00 Alternatives: Do not approve and require additional solicitation to be issued. Strategic Plan: Public Health and Safety , Environmental Sustainability Strategic Plan Application: Employees and public will be safer with maintained landscape areas for Lift station as well as storm water assets Climate Action Application: Is this a grant? Page 1140 of 1276 Grant Amount: Attachments: Type D I E)ttENr D QLAOtE)S Description Noin IRENIIE)W,.-.Ill Il['ItE)ir'E)St I . E) UtEsir V �i II'l C E) 11-1 t S011 -IS I aindscapiing Ilinc 2022 2023 2022 1 aindscaE) QLAOtE) for I Jift Staboin & Storryl WatE)r Cayco I aindscapiing Page 1141 of 1276 I Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 23435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 June 17, 2022 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, 2'02'2 — SEPTEMBER 5, .202'. Yes, I agree to renew the existingi 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) I`,6sng ciost of andonsuraice, VINCENT AND SONS LANDSCAPING, INC, NAME OF COMPANY David Vincent 06-21-22 _DATE DAVID VINCENT, SIGNATURE _561-888-1 340, DAVID@VANDSLANDSCAPING.COM E-MAIL America's Gateway to the Gulf Stream Page 1142 of 1216 I fucll FinancelProcurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 June 17, 2022 Vincent & Sons Landscaping, Inc, Attn: David Vincent 1220 W, Industrial Avenue #5 Boynton Beach, Florida 33426 VIA EMAIL TRANSMITTAL TQ: d avid (a)vandsla no scap i nq, com BID.: LANDSCAPING MAINTENANCE SERVICES FOR UTILITY SITES (LIFT STATIONS SITES, STORM STATION SITES) BID No.: No. 034-2821-181IT CURRENT BID TERM: SEPTEMBER 6, 2021, — SEPTEMBER 5, 2022 Dear Mr. Vincent The current bid term for "LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES)" expires September 5, 2022. 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 pratttPbbfl,LLs 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, A& Mara Frederiksen Director of Financial Services is Page 1143 of 1276 America's Gateway to the Gulf Stream Page 1144 of 1276 ONETEVIE SERVICE ins [m me® LOCATION FORAREA tNamdanre unNg ad -,-g cbamml 4,lime®(Itel'a to sae-N.N RESTORATI (n� umm _geismub (®rea y®r aby ONbid (.-Y) Basic r ges) ors) Ate, - tm) Faoh�o® Faoh�o® Faol�o® m Paauae Pemaae Pemuae Pemaae eec .T.,.=,"'' hard g�ifveeded (R4a m (Bela (Bela (Bela (As ded) (A� del) t rb dW 6 m 10.A) mto�atl C) mtoD)d Wastewater Lift Station Sites UTIN-01 Lift Station#01- InletHarbor on Potter Road $ 90.00 $ 25.00 $ 10.00 N/A N/A N/A N/A N/A N/A N/A $ 75.00 N/A N/A $ 15.00 $ 75.00 UTIN-02 Lift Sation #213 Pence Park $ 90.00 $ 20.00 $ 75.00 N/A $ 500.00 N/A N/A N/A $ 120.00 N/A $ 75.00 N/A N/A $ 15.00 $ 75.00 UTIN-03 Lift Sation #310@Four Season *_NE 4th Street & $ 90.00 $ 20.00 $ 10.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 NE 16th Ave (160 sq ft) 'Lift Station#312-Hyp ol-o Force@8004 North UTIN-04 Federal Highway $ 90.00 $ 20.00 $ 10.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 UTIN-05 Lift Station# 314 -Lakeshore@ 8150 North Federal $ 90.00 $ 20.00 $ 10.00 N/A N/A N/A N/A N/A $ 35.00 N/A $ 25.00 N/A N/A $ 15.00 $ 75.00 Highway (640 Sq ft) Lift Station #315- The Crossings @NE 4th Street & UTIN-06 NE 26th Avenne (2,500 Sq ft) $ 150.00 $ 75.00 $ 10.00 $ 50.00 $ 150.00 $ 120.00 N/A N/A $ 120.00 120 N/A N/A N/A $ 15.00 $ 75.00 Lift Stotion# 56/BBB Master(East Boynton Beach UTIN-07 Blvd east of USI) $ 250.00 $ 100.00 $ 150.00 $ 50.00 $ 500.00 $ 45.00 N/A N/A $ 75.00 N/A $ 70.00 N/A N/A $ 15.00 $ 75.00 Lift Stntion#309/ bow City master (NW 19th UTINWI001 Ave & N S ( East Boynton Beach Blvd east of USI) $ 250.00$ 100.00 $ 100.00 N/A $ 150.00 $ 45.00 N/A N/A N/A 35 N/A N/A N/A $ 15.00 $ 75.00 Page 1144 of 1276 Page 1145 of 1276 ONETEVIE SERVICE LOCATION FORAREA tNamtma... .m 9- .ageism -,-g (®. 4piime®(ad'a t.-.-W.E RESTORATI� ON =a..4 Am -..) F- F-Faol�o® m Paaua. P.muae P.mua. P.muae .., ivd.de Basic buagm gs) UTINWI002 Lift Station#313-Wilson Park @NW 3rd Street& $ 90.00 $ 35.00 $ 10.00 $ 45.00 $ 15.00 5.00 $ 1 N 13th Avenue Lift Station #317/Burger King Master @ 1527 W UTINWI003 Boynton Beach INW. (4,620 Sq ft. Insitle feu $ 150.00 $ 100.00 $ 175.00 $ 50.00 $ 500.00 N/A N/A N/A $ 120.00 N/A $ 100.00 N/A N/A $ 15.00 $ 75.00 UTINWI004 Lift Station #319/Knouwootl Master @ 8020 $ 150.00 $ 140.00 $ 175.00 $ 50.00 $ 750.00 $ 55.00 N/A N/A $ 120.00 120 $ 120.00 N/A N/A $ 15.00 $ 75.00 Lawrence Road UTINWI05 Lift Station# 503-Pioneer Park $ 90.00 $ 20.00 $ 10.00 N/A $ 150.00 N/A N/A N/A $ 55.00 N/A $ 60.00 N/A N/A $ 15.00 $ 75.00 UTINWI006 Lift Station#505-Venice Drive $ 90.00 $ 20.00 N/A N/A $ 150.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 UTINWI007 Lift Stotion#506-Co" Drive $ 90.00 $ 20.00 $ 10.00 N/A $ 150.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 UTINWI006 Lift Station#511- Quantum Park North@3285 $ 90.00 $ 20.00 $ 35.00 N/A $ 150.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 North Quantum Blvtl UTINWI009 Lift Station #517 Boynton Lakes North $ 90.00 $ 20.00 $ 10.00 N/A $ 150.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 UTINWI010 Lift Station#520Boynton Lakes M $ 90.00 $ 20.00 $ 10.00 N/A $ 150.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 UTINWI011 Lift Stotion#615- Meadows North@ 10 Meadows $ 90.00 $ 20.00 $ 10.00 N/A $ 300.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 Blvtl UTINWI012 Lift Station#707- Boynton L akes South on southeast $ 90.00 $ 20.00 $ 10.00 N/A $ 150.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 corner of Frankland ( dr & N 36th Terrace UTINWI013 Lift Station#710-M-do South near Meadows $ 90.00 $ 20.00 $ 10.00 N/A $ 200.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 Ponk UTINWI014 *Lift Station# 712-Boynton Mau $ 90.00 $ 20.00 $ 10.00 N/A $ 150.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 Page 1145 of 1276 Page 1146 of 1276 ONETEVIE SERVICE Ins [m me® LOCATION FORAREA tNamtewnce P - -d -,-g cbemml Applime®(ad'a to sse®19.N RESTORATI ON (n� umm _geismub ---id (®cea y®r aby b °Ra do (.-.Y) A--..) ivd�de Basic gs) F-F-Faol�o® m Paauae Pemuae Pemuae Pemuae eec UTINWI015 Lift Statton#113-Fox Hollow 87501 Lawrence $ 90.00$ 20.00 $ 10.00 N/A $ 150.00 $ 15.00 5.00 $ 1 Road UTINWI016 'Lift Station#714- Homes of Lawrence@7280 $ 90.00 $ 20.00 $ 10.00 N/A $ 150.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 Pa da Drive UTINWI0IT Lift Station#801-D-a Master on northwest $ 250.00 $ 120.00 $ 120.00 N/A $ 750.00 $ 45.00 N/A N/A $ 35.00 10 $ 25.00 N/A N/A $ 15.00 $ 75.00 orner of Lawrence Road & Boynton Beach BWd UTINWI016 'Lift Station#805- Greentree@ Cedar Point BWd $ 250.00 $ 150.00 $ 10.00 N/A $ 150.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 & Storkwood Drive UTINWI019 'Lift Station#808-Cypress Creek@4945 Palo $ 90.00 $ 20.00 $ 10.00 N/A $ 150.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 Verde Drive UTINWI020 'Lift Station# 906 -Rainbow Lakes@5333 Brian $ 90.00 $ 20.001$ 10.00 N/A $ 150.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 Blvd Page 1146 of 1276 Page 1147 of 1276 ONETEVIE SERVICE LOCATION FORAREA tNamtena... .m 9- .ageism -,-g (®. 4piime®(ad'a t.-.-W.N RESTORATI� ON =a..4 Am -..) I- I-Faol�o® m Paaua. P.muae P.mua. P.muae ... ivd.de Basic buagm gs) 'Lift Station#912-Gables End @8484 Northstar UTINWI021 Av nue $ 90.00$ 20.00 $ 10.00 N/A $ 150.00 $ 15.00 5.00 $ 1 'Lift Station#915-Coro lin" @37 Coro Pines UTINWI022 Drive $ 90.00 $ 20.00 $ 10.00 N/A $ 150.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 UTINWI023 Lift Station#922-Nautica Snood @6999 Nautica $ 90.00 $ 20.00 $ 10.00 N/A $ 150.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 Snood Blvd UTISEM01 Lift Station#408/W.Mission Bt0@900Mfssion Hill Road $ 150.00 $ 120.00 $ 45.00 $ 50.00 $ 150.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 UTISEM02 Lift Station#409-SE2nd Co -g SE34th Avenue & SE 2nd Coort $ 90.00 $ 20.00 $ 10.00 $ 50.00 $ 150.00 N/A N/A N/A $ 35.00 N/A N/A N/A N/A $ 15.00 $ 75.00 'Lift Station #316/Golf Road Master @ 4901 Golf UT -01 Road $ 90.00 $ 50.00 $ 120.00 N/A $ 150.00 $ 45.00 N/A N/A $ 35.00 5 $ 25.00 N/A N/A $ 15.00 $ 75.00 UTIMM02 Lift Station #415 @ SW 31d Street & SW Sth Lane $ 90.00 $ 20.00 $ 10.00 N/A $ 150.00 $ 45.00 N/A N/A $ 35.00 10 $ 25.00 N/A N/A $ 15.00 $ 75.00 UTIMM03 Lift Station#403/Iltgh Point #1@the West end of $ 90.00 $ 20.00 $ 35.00 N/A $ 150.00 N/A N/A N/A $ 35.00 N/A $ 25.00 N/A N/A $ 15.00 $ 75.00 Bighpoint Blvd UT -05 Lift Station#405Bethesda Hospital@SW 6th Street $ 90.00 $ 20.00 $ 10.00 N/A $ 150.00 N/A N/A N/A $ 35.00 N/A $ 25.00 N/A N/A $ 15.00 $ 75.00 & SW 27th Ave. UTIMM07 Lift Station #606/Lei-,iffle S @ 1909 SW 18th $ 90.00 $ 50.00 $ 10.00 N/A $ 300.00 N/A N/A N/A $ 35.00 N/A $ 25.00 N/A N/A $ 15.00 $ 75.00 Street UTIMM08 Lift Station#609/G Xvi-Herb or 2@SW 27th $ 90.00 $ 50.00 $ 10.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 Avenue just east of SW 13th Court Lift Station#613- Boynton Commerce Center@ UTIMM09 1900 Corporate Blvd $ 90.00 $ 20.00 $ 10.00 N/A $ 150.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 'Lift Station#814-line Tree Villas@10808 UTI -10 Greentra0 Drive $ 90.00 $ 20.00 $ 10.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A $ 15.00 $ 75.00 Page 1147 of 1276 Page 1148 of 1276 ONETEVIE SERVICE LOCATION FORAREA n7amtma... .n;9— —,-g (®. cbemmf 4Plime®(a.fa t. sse®1P.FI RESTOR U.ageism ON b °Re fibTg d. (.—y) A—.mmm.) shard g.) F— F—Fahl�n® m Panude P.mude Pemude Pemude.., UTImmil *Lift 6/ation#815-Pine Tree Volas (1VLO/ary Tram $ 90.00 $ 20.00 $ 10.00 N/A $ 150.00 N/A $ 15.00 5.00 $ 1 UTIMM12 Lift Stafion M6 -W L $ 9.00 $ 20.00 $ 10.00 N/A $ 150.00 N/A $ 15.00 5.00 $ 1 $ 84,750.00 $ 16,080.00 Page 1148 of 1276 $ 72,250.00 $ 12,960.00 Page 1149 of 1276 ONETEVIE SERVICE lns [m me® LOCATION FORAREA n7amtewnce P—­d —,-g cbem�Appiime®(ad'a to sse®19.N RESTORATI ON--bid (n� umm _geismub g (®cea y®r aby b °Ra aocv) (—Y) A--..) ivd�de Basic chard gs) Feohaao® Feohaao® Faol= m Paauae Pemuae Pemuae Pemuae eec Stormwater Management Sites UTIN-01 INCA Storm Drainage Areas $ 500.00 $ 475.00 $ 600.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A $ 25.00 $ 100.00 Casa Bella Dry Re/ainage(Near &hAve&NW UTINWI002 10th Street) $ 250.00 $ 120.00 $ 120.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A $ 25.00 $ 100.00 Igo Heights Drainage Area between SW 6th UT-01 Avenoe& SW 5th A— near SW 3rd Street $ 150.00 $ 150.00 $ 120.00 50 $ 125.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 25.00 $ 100.00 UTISWro02 Barrier Frey/ Temds Center Stormwater (2}Pootls $ 350.00 $ 350.00 $ 120.00 N/A $ 350.00 N/A N/A N/A N/A N/A N/A N/A N/A $ 25.00 $ 100.00 SW Coo A--&SW S.—ft Drive gress Lake Boynton Estates Retention Area (Parallel oloog UTIMM03 the Westsideof Seaboard T-ac bet —SWW $ 150.00 $ 350.00 $ 120.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A $ 25.00$ 100.00 Ave &pA Booth of SW 4th Ar $ 72,250.00 $ 12,960.00 Page 1149 of 1276 BID PROPOSAL SHEETS for (Utilities Dept.)ADDITIONAL SERVICES for Two Year Contract for Landscape Mai BID No. xxxxxxxxx BASIC MAINTENANCE FOR ADDITIONAL AREAS - Labor with all necessary Tools & Equipment (per hour/per person) PRUNING AND PLANT MAINTENANCE for Additional Areas - Labor with all necessary Tools & Equipment (per hour/pi MULCHING for Additional Areas - Labor with all necessary Tools & Equipment (per hour/per person) MULCH -Cost Mark-up (%) Turf Fertilization (per 1/4 acre) Tree Fertilization (each) Palm Fertilization (each) Shrub Fertilization (per 50 linear feet) Turf Pesticide (per 1/4 acre) Shrub Pesticide (per 50 linear feet) Tree Pesticide (each) Palm Pesticide (each) Fire Ant Control (AMDRO) Turf Fertilization - Per hour per person / Material Cost Mark-up (%) Tree Fertilization - Per hour per person / Material Cost Mark-up (%) Palm Fertilization - Per hour per person / Material Cost Mark-up (%) Shrub Fertilization - Per hour per person / Material Cost Mark-up (%) Turf Pesticide - Per hour per person / Material Cost Mark-up (%) Shrub Pesticide - Per hour per person / Material Cost Mark-up (%) Tree Pesticide - Per hour per person / Material Cost Mark-up (%) Palm Pesticide - Per hour per person / Material Cost Mark-up (%) Fire Ant Control - Per hour per person / Material Cost Mark-up (%) CHEMICAL APPLICATION for Additional Areas (per hour/per person) CHEMICAL - Cost Mark-up (%) Bee Control or Removal (Specialized Equipment) Bee Control or Removal (Foreman per hour/per person) Bee Control or Removal (Technician per hour/per person) Bee Control or Removal Material Cost Mark-up (%) ARBORIST SERVICES for Tree Removal of exotics and dead material (work not requiring a bucket truck) ARBORIST SERVICES for Additional Areas & Services - Tree Trimmer Crew (per hour/per person) ARBORIST SERVICES for Additional Areas & Services - Equipment/Lift (per hour) ARBORIST SERVICES for Additional Areas & Services - Equipment/Pole Cat (per hour) ARBORIST SERVICES for Additional Areas & Services - Equipment/Stump Grinder (per hour) ARBORIST SERVICES for Additional Areas & Services - Equipment/Loader or Dump (per hour) IRRIGATION REPAIRS (Foreman per hour/per person) IRRIGATION REPAIRS (Technician per hour/per person) IRRIGATION REPAIRS - Material Cost Mark-up (%) PLANT/TREE/PALM INSTALLATION - Labor (per hour/per person) Page 1150 of 1276 PLANT/TREE/PALM INSTALLATION - Equipment/Loader (per hour) PLANT/TREE/PALM INSTALLATION - Material Cost Mark-up (%) UTILITY SITE LOT MAINTENANCE - Lot under 1/4 acre with a structure for Basic Maintenance (per service) UTILITY SITE LOT MAINTENANCE - Lot under 1/4 acre without a structure for Basic Maintenance (per service) UTILITY SITE LOT MAINTENANCE - Lot from 1/4 to 1/2 acre with a structure for Basic Maintenance (per service) UTILITY SITE LOT MAINTENANCE - Lot from 1/4 to 1/2 acre without a structure for Basic Maintenance (per service) UTILITY SITE LOT MAINTENANCE - Lot from 1/2 to 3/4 acre with a structure for Basic Maintenance (per service) UTILITY SITE LOT MAINTENANCE - Lot from 1/2 to 3/4 acre without a structure for Basic Maintenance (per service) UTILITY SITE LOT MAINTENANCE - Lot from 3/4 to 1 acre with a structure for Basic Maintenance (per service) UTILITY SITE LOT MAINTENANCE - Lot from 3/4 to 1 acre without a structure for Basic Maintenance (per service) UTILITY SITE LOT MAINTENANCE - Lot from 1 to 3 acre with a structure for Basic Maintenance (per service) UTILITY SITE LOT MAINTENANCE - Lot from 1 to 3 acre without a structure for Basic Maintenance (per service) Page 1151 of 1276 AM Public Hearing 9/22/2022 Requested Action by Commission: Proposed Resolution No. R22-115 - Declare the City owned vacant property (0.1 acres) located at SE 21st Avenue, PCN #08-43-45-33-03-000-0122, as surplus and direct staff on desired disposition process to follow. Explanation of Request: The City has received a written offer on the following vacant property: Parcel Id: #08-43-45-33-03-000-0122 Location: SE 21st Avenue Size: 0.01 Acres PBC Assessed Value: $834 Offer by: Nicholas P. Malinosky Offer Amount: $2,500 According to Chapter 2, Article IV, Section 2-56 (c) of the City of Boynton Beach Code of Ordinances, the City Commission can sell property, which is determined to be in the best interest of the City: An advertisement for public hearing was placed in the Palm Beach Post on September 9, 2022. It is recommended that the City Commission authorize disposition of the property through negotiated sale with the sender of the Letter of Interest, Nicholas P. Malinsky. Section 2-56 (c) Disposal of city real property. (1) Power to sell. The City Commission may authorize by Resolution the sale, transfer, and swap any real property, improved or unimproved, now owned or hereafter acquired by or owned by the city, as provided herein. These procedures supplement any other procedures that may now or in the future be applicable as provided by law or regulation. (2) Disposal of property which is sufficient in size and of such character as to comprise an independent building site and which will involve a conveyance of the city's fee simple interest. These parcels typically enjoy access to a public right-of-way, and are developable as building sites. (a) Resolution declaring surplus. Before any improved or unimproved property owned by the city shall be sold or otherwise disposed of pursuant to this subsection (b), the governing body shall adopt a resolution declaring same surplus. (b) Determination concerning surplus. a. The city governing body shall review and consider the following: 1. The legal description (by reference to a recorded plat or government survey); 2. The property address by street number, if there be any; Page 1152 of 1276 3. A description of all improvements located upon the land; 4. How said land has been used since same has belonged to the city; 5. The current use of the property; 6. How the property was acquired and financed; 7. The needs of the city; 8. Whether disposal is consistent with the city comprehensive plan; 9. The estimated property value; 10. Any relevant property history; 11. The property's title; and 12. Whether the disposal of the property is precluded by grant provisions of other agencies. (c) Public hearing. The city governing body shall hold one (1) public hearing prior to adopting a resolution declaring property as surplus. An advertisement for such public hearing shall appear once in a newspaper of general circulation at least ten (10) days prior to the hearing. The advertisement will contain the resolution title and the date, time and place of the hearing. The city clerk shall advertise the proposed resolution for public hearing by placing it on the city council agenda and posting such agenda at least three (3) business days prior to the city council meeting. (d) When appraisals are needed. a. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by two (2) independent appraisers, who are designated members of the Appraisal Institute, if the property is estimated to have a value that exceeds one million dollars ($1,000,000.00). b. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by one (1) independent appraiser, who is designated member of the Appraisal Institute, if the property is estimated to have a value between one hundred thousand dollars ($100,000.00) and one million dollars ($1,000,000.00). c. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) with an estimated value below one hundred thousand dollars ($100,000.00) shall not require an appraisal. d. Notwithstanding subparagraphs a., b., and c. above, no appraisal shall be needed: 1. Where the city acquired the property from Palm Beach County as a result of the tax sale process and is returning such asset to the former owner or its successors and assigns; 2. Where the city transfers the property to another governmental entity or agency; or 3. Where the city is exchanging such real property with the private sector for a replacement parcel determined by the city governing body to have similar utility and where the public interests would be served. (e) Methods of disposal. a. Methods. The city may dispose of property pursuant to this subsection (b) utilizing the following methods: negotiation, trade with other governmental entities or agencies, request for letters of intent, sealed bids, or request for proposals. The city may retain professional real estate services to aid in the disposal of property. 1. Negotiation. The city may negotiate the sale of real property with a particular person or entity, and no further advertising will be needed to effect a transfer. 2. Sealed bids, requests for letters of intent, and request for proposals. At any time no more than ninety (90) days after adoption of resolution declaring the property surplus, the Page 1153 of 1276 land may be offered for public disposition, and a notice shall be published by the city in a newspaper of general circulation in the city once not less than ten (10) days before sealed bids, letters of intent, or proposals are due. The notice shall state, at a minimum, the date when sealed bids, letters of intent, or proposals shall be received and whether the sale is with or without reservation. Sealed bids, letters of intent, and proposals shall be received accompanied by cashier's checks or certified checks payable to the city in an amount equal to at least ten (10) percent of the disposition price. 3. Transfer to governmental agencies. The city may sell or transfer any of its property to any other governmental agency, if the city governing body determines that: i. A transfer of the property to the other governmental agency shall provide a benefit to the city; and ii. That the terms received by the city are fair and equitable. 4. Land swap with any private or public land owner provided the properties are appraised at substantially the same value. In determining substantial value the City may take into consideration the potential increase in value following the swap. (f) Proceeds from sale or transfer. Any proceeds derived from the sale of any land, as authorized in this subsection (b), shall be deposited in the general fund of the city, or such other fund or account of the city as is determined by the finance director. (g) Conveyance. In order to convey property pursuant to this subsection (b) the city governing body shall be required to adopt a resolution authorizing the conveyance. Notwithstanding anything possibly to the contrary, the city may reject any and all offers, bids, letters of intent, or proposals, or terminate negotiations at any time and choose not to dispose of property, and nothing shall obligate the city governing body to adopt any necessary resolution. How will this affect city programs or services? There will be no impacts to City programs or services. Fiscal Impact: By declaring this parcel surplus and completing the disposition process it will return the parcel to the City tax rolls. Alternatives: Do not declare surplus and retain parcel as is or direct a method of disposition other than negotiation with the offerer. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 1154 of 1276 Attachments: Type D IRE)S()�I LA ti 0 II'l D I E)ttENr D AttacNrTIENI'lt D I ocaboin lMap Description IRE)SOkAboin &Kbriing SE 21stAVENIRAE) Ipa irt2fl as v.,icaint IpiroPE)lrty I E)ttENr of IIll'ItENI'lt FlroPE)irtyDE)tails FlroPE)irty AE)ri4l Photo Page 1155 of 1276 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 :7afo]ILIjiCol ►1►[611"k*AIES A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA DECLARING THE CITY OWNED VACANT PROPERTY (0.1 ACRES) LOCATED AT SE 21ST AVENUE, PCN #08-43-4S-33-03-000-0122, AS SURPLUS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City has received a written offer from Nicholas P. Malinosky in the amount of $2,500.00 for following vacant property: Parcel Id: #08-43-45-33-03-000-0122, located at SE 21 st Avenue, Size: 0.1 Acres, PBC Assessed Value: $834; and WHEREAS, according to Chapter 2, Article IV, Section 2-56 (c) of the City of Boynton Beach Code of Ordinances, the City Commission can sell property, which is determined to be in the best interest of the City; and WHEREAS, before any improved or unimproved property owned by the City can be sold, the City Commission must first declare the property to be surplus; and WHEREAS, the City Commission, upon recommendation of staff, declares the City owned vacant property (0.1 acres) located at SE 21st Avenue, PCN #08-43-45-33-03-000-0122, as surplus. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The City Commission of the City of Boynton Beach declares the City owned vacant property (0.1 acres) located at SE 21 st Avenue, PCN #08-43-45-33-03-000-0122, as surplus. Section 3. This Resolution shall become effective immediately upon passage. S:ACA\RESO\Declaring SE 21st Avenue as Surplus property - Reso.docx Page 1156 of 1276 EN 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 PASSED AND ADOPTED this day of September, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) S:ACA\RESO\Declaring SE 21st Avenue as Surplus property - Reso.docx VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 1157 of 1276 Hand Delivered Mr. Andrew ac , ., CBO, LEED AP Assistant City Manager City Manager's Office The City of BoyntonBeach 100 E. Ocean Ave. Boynton eac Fl. 33435 Re: Letter of Intent to Purchase: Address: SE 21st ire e, Boynton Beach, FL 33435 Legal Description: CS C 2 j Parcel Control era 08-43-45-33-03-000-0122 Purchaser: is las P Malinsoky I ars pleased to present the following offer for the purchase of the above referenced ro erty. PRICE: The proposed purchase price will be $2,500.00. Broken down as: PROPERTY PRICE: $500.00 X MI FOR 0 . - r amountinto escrow which will 1 delivered oexecution wi Purchase and Sale Page 1158 of 1276 zs/ . PURCHASE AND SALE AGREEMENT: FAR Vacant Land Contract Included with Letter of Intent CLOSING DATE: Buyer is willing to close within ten (10) days of City of Boynton Beach/Seller approval (subject to clear title). "'Exhibit A": Summary of Property History "Exhibit B": Site Overview "Exhibit C": Fully Executed Settlement Statement for 412 SE 211t Avenue Sincerely, Nicholas P Malinosky & lei Oki: I IN Printed Name and Title Date: CC: Adam Seligman, Esquire (Purchaser's Attorney/Closing Agent) Ward Damon 4420 Beacon Circle, West Palm each FL 33407 561842-3000 / � �.g @L Kathryn Anderson (Purchaser's Personal Assistant/Team Administrator) Douglas Elliman 900 East Atlantic Avenue #1, Delray each, FL 33483 561-325-0085 L roil! MIM11111111 311irl Page 1159 of 1276 Page 11 of 16 "Exhibit A" Summary of Property History Boynton Beach, Parcel Control Number: 08-43-45-33n0-3--00(-1--U2-2- As 8a3-.01 ! 2> present The City of Boynton of Intent along to purchase the parcel ata i, , 08-43-45-33-03-000-0122 I have included this brief summary of hove I became aware of this parcel and the details of why I am hopeful that we will be able to completethis transaction fairly quickly. During the process to Close my recent purchase of tAvenue, Beach, Florida, the Survey indicated that this adjoining parcel is separately owned by The City of Boynton Beach. This separate ownership has gone unrealized for decades by the prior owners. Under the circumstances it is understandable that they have continually taken the responsibility for the upkeep during this time. It also in my best interest and intent to continue to do so while we proceed with the Disposition of this parcel, At this time, it would seem to be in everyone's best interest that I formally acquire ownership of this City Owned Parcel, so that moving forward the responsibility for the upkeep and safety/security concerning the entire property is clearly defined to be that of one entity. In addition, the transaction is beneficial to the City so that the parcel can be added to the tax rolls and benefit the City going forward. For .reference clearly shows each parcel and the pertinent documentation from my recent purchase to substantiate Page 1160 of 1276 Page 12 of 16 l too go "Exhibit B -Site Overview Owners f,14 C, Owners III" 1:11q qpi��pii Page 1161 of 1276 PAPA Banner l oic,atmm.mmm Addmn'ss SE21STAVE SluualimwliillCaulllm�,y BOYNTON BEACH Iarcc 111 Coiiiih m.mlll )4iiiuiial e r, 08-43-45-33-03-000-0122 Suaiilmnllaiiisiiioiiii CRESTVIEW BOYNTON IN Oltourmalll Rclicmnh Bm.wm.mlllu,: 10326 Iage1871 Sale Date MAR 1998 CRESTVIEW BOYNTON BEACH N 6 FT OF S 64 FT OF IT I u� �waall @Su �� iru"mllCmtliim�mmim 12 - - -- MaRhii�ng anlmlun,�ss O miv rs PO BOX 310 BOYNTON BEACH CITY OF - BOYNTON BEACH FL 33425 0310 Sallln�s Date lmmliilicv ORBm.um.mlllk/'lmagc Sallk "I"mllCme 0imivm. MAR 1998 $100 10326 / 01871 WARRANTY DEED BOYNTON BCH SEP -1996 $100 09459 /01028 TAX DEED Lan mmmptmm.mmn Sham° Dee. iiil BOYNTON BEACH CITY OF 2022 FULL MUNICIPAL GOVERNMENT I'm.m�alll..... 14tilliuimmbe of L lllill " 0 SSum,mwn� Ilhu,4, 0 licsys 0.01 8900- R3 - R3 MULTI FAMILY, 11 DU/AC (08- L:!^�i��u' m.mnla. MUNICIPAL Sa.m°1n°1°inS BOYNTON BEACH) I"aa Sn au° 2021 2020 201.4l lmmmpwm.manamemimt Valtic $0 $0 $0 l,a.uai;l Valuamc $834 $834 $834 I"Walll Mau°lli:nm Valtic $834 $834 $834 All values are as of January 1 st each year ,. ..... Iaa emmm., ...... _._.2 021 ....... ...... 2020 ...... ....... 201.4),... Assessed Valtic $834 $834 $834 Exc mmmlmtioiiim ,Summrcuuuummt. $834 $834 $834 I"aaabin Valtic $0 $0 $0 I.aa Sea 2021 2020 2014), Ad VaIllowviii nim $0 $0 $0 dm.mmn Ad VaIllowvminim $0 $0 $0 T'mmtalll tax $0 $0 $0 Page 1162 of 127, 08-43-45-33-03-000-0122 July 28, 2022 1:576 D 0.00475 0.0095 0.019 mi Page 1.163 of 1276 0.0075 0.015 0.03 km Wi� Unfinished Business 9/22/2022 Requested Action by Commission: Proposed Resolution No. R22-140 -Approve revision to Community Support Funds Policy to allow for equitable spending of the members of the City Commission on a pro -rata basis. Explanation of Request: At the City Commission meeting of March 1, 2022, Former Commissioner Katz, whose term ended with the March 8, 2022 election, requested that he be permitted to transfer unspent discretionary funds to the Mayor as no discretionary funds were left for the incoming Mayor following the March 8, 2022 election. The City Attorney has reviewed the matter with the Finance Director and City Clerk. They can find no provision of the discretionary fund process which would permit such transfer. The attached Resolution is intended to allow such an equitable distribution of funding of a seat during an election year for the next sitting Commission. If approved, policy will take effect on October 1st, 2022 (the beginning of the fiscal year). How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D RE)S()llLAti0111 RE)SCallUltioin a irTIE)i:dliirg CoirnirTILAir':lity SL.ailplport Il:::::LAinds gLAlidEsIIliir':Ess Page 1164 of 1276 I RESOLUTION NO. R22 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, REVISING THE COMMUNITY SUPPORT FUNDS 5 POLICY; RESCINDING ALL PREVIOUS RESOLUTIONS AND 6 POLICIES GOVERNING EXPENDITURES OF COMMUNITY 7 INVESTMENT FUNDS; AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach desires to revise the 11 Community Support Funds policy, to provide the ability of a Member of the City Commission 12 to transfer unused discretionary funding to another Member of the City Commission to 13 support projects and activities in the City which are accessible and beneficial to the citizens of 14 the City; and. 15 WHEREAS, passage of this Resolution will rescind all previous Resolutions and policies 16 governing expenditures of Community Support Funds. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 20 ratified and confirmed by the City Commission 21 Section 2. That the City Commission of the City of Boynton Beach does hereby 22 establish a Community Support Funds Policy as follows: 23 PURPOSE: The purpose of the Community Support Funds (CSF) is to provide a source of 24 discretionary funding to support projects, programs and activities in the City which are 25 accessible and beneficial to the citizens of the City. Due to the broad and diverse nature of 26 programs or projects that may be eligible for funding from the Community Support Funds, no 27 specific list of eligible projects, programs, or activities is appropriate. 28 29 SCOPE: This policy recognizes that there is a specific line item in the City Commission portion 30 of the City's annual budget. Each year, in the annual budget adoption process, the City 31 Commission shall consider an appropriation for Community Support Funds. The Commission 32 is not required to appropriate Community Support Funds but when it does, the amount 33 appropriated, if any, shall be available for distribution by the Mayor and City Commissioners 34 in equal amounts only for qualified programs or projects. By way of example: If the 35 Commission budgets $25,000, the Mayor and each Commissioner may request Commission 36 approval for distributions up to $5,000 for the year that the funds are appropriated......... S h 100076519.1 306-90018211 1 Page 1165 of 1276 37 38 39 . Corilmunit Su ort I:urrds will accrue on a monffthl basis 40 acrd becorl]e available tory use o a to each 41 ...a,d.:........ler;d:.e d......o:ffir;jal......rr]..rr.:d:h1. tunit..........to.....0 s e. 42 th.�'....:fu..�!...s......�'...... uall --y- 43 44 45 CRITERIA FOR ELIGIBILITY: Eligibility for funding shall be conditioned on a finding by the 46 City Commission that: 47 48 1. Public funds should not be used to improve private property unless the public record 49 demonstrates a clear public need, purpose and benefit; 50 2. The recipient/payee will use 100% of the funds to provide services within the City; 51 3. The public purpose is beneficial to the entire community served by such donation and 52 to the City as a whole; and 53 4. Proper safeguards shall be implemented by the City administration to assure that the 54 funds will be used for the stated purpose, such as: 55 a. Prior to receiving any funds, the recipient must complete a W-9 Request for 56 Taxpayer Identification Number Form in order to be added to the City's vendor 57 list. 58 b. Within 60 days of receipt of funds, the recipient must provide the Finance 59 Director appropriate backup documentation demonstrating the funds were 60 used for the stated purpose approved by the Commission. 61 c. Should the recipient fail to submit the appropriate documentation within the 62 allotted time, the City Commission may deem the recipient ineligible for any 63 future funding and may demand repayment from the recipient. 64 65 The findings of the City Commission as to each of these required elements must be reflected 66 in the record of a public meeting prior to the Commission's approval. 67 68 PROCEDURE FOR CONSIDERATION OF EXPENDITURES: The procedures for expenditures 69 from the Community Support Funds are as follows: 70 71 1. The Mayor or any member of the City Commission shall make a request to the City 72 Clerk for the expenditure of funds. The requesting member of the City Commission 73 must have a written request from the entity seeking funds. The written request must 100076519.1 306-90018211 2 Page 1166 of 1276 74 contain a narrative explanation indicating how the funds will be used and an affirmative 75 acknowledgement that the requestor understands and will comply with the above 76 listed conditions for eligibility and use. The written request will be forwarded to the 77 City Commission along with Exhibit "A" (see Step 2). 78 2. The City Clerk shall complete a Community Support Fund Request Form (form attached 79 as Exhibit "A") and confirm the funds are available with the Finance Director. 80 3. If the appropriate funds are available the City Clerk will schedule the matter to be 81 considered by the City Commission at the next scheduled City Commission meeting 82 under New Business. 83 4. The City Commission shall act on the request for expenditure by approving or 84 disapproving the agenda item. A majority vote is required for approval of the 85 expenditure. 86 DISCRETIONARY NATURE OF COMMISSION ACTION: The decision of the City 87 Commission to approve or disapprove a requested distribution of Community Support Funds 88 is discretionary and is not subject to appeal, review or challenge. 89 90 Section 3. That any and all previous Resolutions and/or Policies governing 91 expenditures of Community Support Funds are rescinded. 92 Section 4. That this Resolution will become effective immediately upon passage. 93 PASSED AND ADOPTED this day of September, 2022. 94 95 96 CITY OF BOYNTON BEACH, FLORIDA 97 98 YES NO 99 100 Mayor — Ty Penserga 101 102 Vice Mayor —Angela Cruz 103 104 Commissioner— Woodrow L. Hay 105 106 Commissioner — Thomas Turkin 107 108 Commissioner —Aimee Kelley 109 110 VOTE 100076519.1 306-90018211 3 Page 1167 of 1276 III 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 ATTEST: Maylee De Jes6s, MPA, MMC City Clerk (Corporate Seal) 100076519.1 306-90018211 4 Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 1168 of 1276 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 EXHIBIT A COMMUNITY SUPPORT FUNDS REQUEST 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: IJ There are funds available as requested Li There are insufficient funds available as requested Dated: Part III -Eligibility Evaluation in City Clerk Li Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit IJ The recipient/payee provides services within the City IJ The public purpose is beneficial to the entire community served by such donation Dated: 100076519.1 306-90018211 By: Requesting Member of the City Commission 5 Page 1169 of 1276 11.A. New Business 9/22/2022 Requested Action by Commission: Proposed Resolution No. R22-138 - Calling for a General City Election to be held on Tuesday, March 14, 2023, for the purpose of electing two (2) City Commissioners; calling for a General City Run-off election to be held on Tuesday, March 28, 2023, if necessary. Explanation of Request: The City Charter of the City of Boynton Beach, Florida, Article 111, Section 40, and other applicable laws, provide that all general and special elections be called by resolution and adopted by the City Commission for March 14, 2023 for the purpose of electing one (1) City Commissioner for District I I and one (1) City Commissioner for District IV. The City Charter of the City of Boynton Beach, Florida, Article 111, Section 41 and other applicable laws, provides that a General City Run-off Election be called by the City Commission for March 28, 2023 and held on such date in the event of necessity thereof as to any of the aforesaid offices. How will this affect city programs or services? This is a ministerial action necessary to complete the election process. Fiscal Impact: There is no fiscal impact to the budget for this item. Alternatives: NA Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description RE)S()llLAti0111 1:RE)S akAti01['1 callllliir:g for (3)Es11:E)ir'4� C:::::.IlE)CUOIII for 2023 Page 1170 of 1276 I RESOLUTION NO. R22-138 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, CALLING 4 FOR A GENERAL CITY ELECTION TO BE HELD ON TUESDAY, MARCH 14, 5 2023, FOR THE PURPOSE OF ELECTING ONE (1) CITY COMMISSIONER 6 FOR DISTRICT II AND ONE (1) CITY COMMISSIONER FOR DISTRICT IV, 7 CALLING FOR A GENERAL CITY RUN-OFF ELECTION TO BE HELD ON 8 TUESDAY, MARCH 28, 2023, IF NECESSARY; AND PROVIDING AN 9 EFFECTIVE DATE. 10 II WHEREAS, the City Charter of the City of Boynton Beach, Florida, Article III, Section 12 40, and other applicable laws, provide that all general and special elections be called by 13 resolution adopted by the City Commission for March 14, 2023 for the purpose of electing 14 one (1) City Commissioner for District II and one (1) City Commissioner for District IV; and 15 WHEREAS, the City Charter of the City of Boynton Beach, Florida, Article III, Section 41 16 and other applicable laws, provides that a General City Run-off Election be called by the City 17 Commission for March 28, 2023 and held on such date in the event of necessity thereof as to 18 any of the aforesaid offices. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. A General City Election is hereby called for Tuesday, March 14, 2023, for 25 the election of one (1) City Commissioner for District II and one (1) City Commissioner for 26 District IV. 27 Section 3. A General City Run-off Election is hereby called for Tuesday, March 28, 28 2023, to be held on such date in accordance with the aforementioned laws and ordinances in 29 the event of a necessity thereof as to the aforesaid offices in Districts II and IV. 30 Section 4. Persons desiring to qualify with the City Clerk as candidates for the 31 office of Districts II and IV may do so in the manner provided by law between the dates of 32 Tuesday, November 8, 2022, beginning at 12:00 noon and Tuesday, November 22, 2022, 33 ending at 12:00 noon. S:ACA\RESO\Calling a General Election 2023 - Reso.docx Page 1171 of 1276 34 Section 5. The Palm Beach County Supervisor of Elections, acting on behalf of the 35 City Clerk, is hereby authorized and directed to close the registration books prior to said 36 General Election and to keep the said books closed for the required period in accordance with 37 the registration law. 38 Section 6. The Supervisor of Elections is authorized and directed to deliver the 39 appropriate registration books to the proper City precinct boards on or before the day and 40 hour set for the opening of the polls for the aforementioned General City Election and General 41 City Run-off Election, as the case may be. The Clerk of each election precinct board is 42 authorized and directed to forthwith return, or cause to be returned by an authorized person 43 or persons of said board, the said registration books to the Supervisor of Elections immediately 44 following each such election. 45 Section 7. The polling places designated and fixed by the Board of County 46 Commissioners of Palm Beach County, Florida are adopted pursuant to law as the polling 47 places for said General City Election and said General City Run-off Election, if required. 48 Section 8. The City Clerk is authorized and directed under the applicable laws and 49 code provisions to perform such ministerial duties as are necessary and proper to provide for 50 the holding and conducting of said elections. 51 Section 9. The City Clerk is authorized to expend such sums of money as may be 52 necessary and proper in connection with the preparation for and holding of said elections 53 including the authorized compensation to be paid to the election inspectors, and clerks, as 54 outlined in the Agreement with the Palm Beach County Supervisor of Elections. 55 Section 10. The City Clerk is directed to furnish a certified copy of this Resolution 56 to the Palm Beach County Supervisor of Elections. 57 S:ACA\RESO\Calling a General Election 2023 - Reso.docx Page 1172 of 1276 58 Section 11. That this Resolution shall become effective immediately upon passage. 59 PASSED AND ADOPTED this day of September, 2022. 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley ATTEST: VOTE Maylee De Jes6s, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) S:ACA\RESO\Calling a General Election 2023 - Reso.docx YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 1173 of 1276 11.B. New Business 9/22/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 9/22/2022 Requested Action by Commission: Proposed Resolution No. R22-139 - Appoint Daniel Dugger as City Manager and approve Appointment Agreement. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D RE)S()ll LA ti 0 111 D AddE)indUlirn Description RE)SOkAtioin appoiintiing DainiEsll DL.AggEsir' as City rnainagE)r aind aUlthoriziing thE) IMayor to sigin thE) AppoiintirTIE)int Agir'EsENrYIENI'lt AppoiintirTIE)int Agir'EsE)irT1E)1['1t City li ainagE)r Page 1174 of 1276 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION NO. R22-139 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING DANIEL DUGGER AS CITY MANAGER OF THE CITY OF BOYNTON BEACH, FLORIDA AND AUTHORIZING AND DIRECTING THE MAYOR TO SIGN THE APPOINTMENT AGREEMENT ON BEHALF OF THE CITY WITH DANIEL DUGGER, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to employ the services of DANIEL DUGGER as City Manager of the City of Boynton Beach, Florida, as provided in Article IV, Section 49 of the City Charter of Boynton Beach, Florida; and WHEREAS, it is the desire of the City Commission to provide certain benefits and requirements regarding the employment of DANIEL DUGGER by the City; and WHEREAS, Daniel Dugger wishes to accept employment as City Manager of the City of Boynton Beach, Florida, under the terms and conditions mutually agreed upon; and WHEREAS, the City Commission of the City of Boynton Beach Florida deems it to be in the best interest of the citizens and residents of the City to appoint Daniel Dugger as City Manager and authorize the Mayor to sign the Appointment Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 24 25 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby appoint DANIEL DUGGER, as City Manager of the City of Boynton Beach, Florida and directs n S:ACA\RESO\Appoint Dan Dugger City Manager And Approve Agreement - Reso.Docx Page 1175 of 1276 27 the Mayor to sign the Appointment Agreement on behalf of the City of Boynton Beach with 28 DANIEL DUGGER, said Agreement being attached hereto as Exhibit "A", and incorporated 29 herein by reference. 30 Section 3. That this Resolution shall become effective immediately. 31 PASSED AND ADOPTED this 22nd day of September, 2022. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ATTEST: 51 52 53 Maylee De Jesus, MPA, MMC 54 City Clerk 55 56 57 (Corporate Seal) 58 59 60 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE YES NO Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 2 S:ACA\RESO\Appoint Dan Dugger City Manager And Approve Agreement - Reso.Docx Page 1176 of 1276 APPOINTMENT AGREEMENT THIS AGREEMENT, made and entered into this day of September 2022, by and between the City of Boynton Beach, Florida, a municipal corporation, ("CITY") and DANIEL DUGGER ("CITY MANAGER"), pursuant to these terms and conditions: WITNESSETH: WHEREAS, the City Commission ("COMMISSION"), pursuant to the City Charter and Code of Ordinances has the power of appointment of the City Manager; and, WHEREAS, the Commission has determined that DANIEL DUGGER shall be appointed to serve as City Manager and wishes to provide terms and conditions of appointment; and WHEREAS, DANIEL DUGGER wishes to accept appointment as CITY MANAGER of the CITY under the terms and conditions recited herein. NOW, THEREFORE, the COMMISSION, acting on behalf of and for the benefit of the CITY, and CITY MANAGER agree as follows: 1.0 Duties 1.1 CITY MANAGER shall perform the functions and duties pursuant to Article II, Section 20 of the City Charter, Article II of Chapter 2 of the City Code and other legally permissible and proper duties and functions as required of the office or as directed by the COMMISSION. 1.2 CITY MANAGER agrees to perform the duties of CITY MANAGER with care, diligence, skill and expertise. 2.0 Salary 2.1 CITY will pay CITY MANAGER an annualized base salary of Two Hundred Five Thousand Dollars [$205,000.00], payable in equal bi-weekly payments; paid at the same time that other managerial level employees of the CITY are paid. 3.0 Performance Review. 3.1 The COMMISSION will provide the CITY MANAGER with a performance evaluation no less than annually, utilizing a process, form, criteria, and format for the evaluation which shall be agreed upon by the members of the COMMISSION in consultation with the CITY MANAGER. 3.2 In conjunction with any review of performance, the COMMISSION may increase the base salary and/or other benefits of CITY MANAGER in such amounts and to such extent as the COMMISSION may determine is proper. Appointment Agreement — Daniel Dugger Page 1 of 7 Page 1177 of 1276 3.3 The COMMISSION may, from time to time, grant the CITY MANAGER a performance-based bonus, provided the bonus is granted in accordance with s. 215.425, Florida Statutes.' 4.0 Terms of Appointment 4.1 The term of this agreement commences October 1, 2022. 4.2 The CITY MANAGER serves at the pleasure of the City Commission and therefore the appointment has no fixed term. 4.3 Nothing in this Agreement shall limit the right of the COMMISSION to terminate the appointment of CITY MANAGER at any time, subject only to the provisions set forth in Section 5.0 of this Agreement. 4.4 Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the CITY MANAGER to resign at any time from his position with the CITY, subject only to the provisions set forth in Section 5.0 of this Agreement. 5.0 Termination Conditions and Pay 5.1 This Agreement shall terminate: 5.1.1 By mutual agreement of CITY MANAGER and the CITY. 5.1.2 By the CITY COMMISSION's unilateral termination of CITY MANAGER. 5.1.3 Death of CITY MANAGER. 5.1.4 Resignation of CITY MANAGER. 5.1.5 Amendment of the City Charter or Code of Ordinances pertaining to the role, powers, duties, authority, responsibilities of the CITY MANAGER's position that substantially changes the authority of the CITY MANAGER, in which case, the CITY MANAGER shall have the right to declare that such amendments constitute unilateral City termination in the same manner as 5.1.2 above. 5.2 In the event of a conflict between the severance benefit terms of this agreement and the limitation on severance benefits as provided in s. 215.425, Florida Statutes, the provisions of the statute shall prevail. 6.0 Rights and Obligations Upon Unilateral Termination by CITY. 6.1 Unilateral termination shall be by vote by the COMMISSION and need not reflect performance related reasons. In the event of a termination for misconduct, the CITY MANAGER is not entitled to severance pay in accordance with s. 215.425, Florida Statutes. If this Agreement is terminated by unilateral action by the CITY not based on misconduct, CITY MANAGER shall be entitled to: 1 All references to State statute mean the cited statute as amended or renumbered from time to time. Appointment Agreement — Daniel Dugger Page 2 of 7 Page 1178 of 1276 6.1.1 Unpaid base salary through the effective date of the termination. 6.1.2 Twenty [20] weeks of severance pay. The term severance pay shall have the meaning as set forth in s. 215.425, Florida Statutes. 6.1.3 Reimbursement for as -yet unreimbursed expenses pursuant to this Agreement. 6.1.4 One hundred percent [100%] of all earned and accrued vacation leave. 6.1.5 Fifty percent [50%] of all earned and accrued sick leave. 7.0 Rights and Obligations Upon Termination by Mutual Agreement. 7.1. If this Agreement terminates upon mutual agreement of the parties, the negotiated terms of severance shall be consistent with the limitation on severance pay as set forth in s. 215.425, Florida Statures. 8.0 Rights and Obligations Upon Termination Due to Disability or Death. 8.1. If this Agreement terminates due to CITY MANAGER's disability or death, CITY MANAGER or his guardian or personal representative shall be entitled to the following compensation and benefits: 8.1.1 Base salary to date of death or last day of work if disability. 8.1.2 Reimbursement for as -yet unreimbursed business expenses pursuant to this Agreement. 8.1.3 Fifty percent [50%] of earned and accrued sick leave and one hundred percent [100%] of vacation leave. 8.1.4 Life and/or disability benefits, if applicable. 8.1.5 Accrued deferred compensation. 8.1.6 In the event of any disagreement or dispute regarding to whom payment shall be made, the CITY may rely on a court order or in the absence of an order, may interplead the payment with a court of proper jurisdiction. 9.0. Rights and Obligations Upon Termination Due to Resignation. 9.1. If this Agreement terminates due to CITY MANAGER's resignation, CITY MANAGER shall be entitled only to the following compensation and benefits: 9.1.1 Base salary through the date of resignation or such other date as mutually agreed to between CITY MANAGER and the CITY. 9.1.2 Reimbursement for as -yet unreimbursed expenses pursuant to this Agreement. Appointment Agreement — Daniel Dugger Page 3 of 7 Page 1179 of 1276 9.1.3 Fifty percent [50%] of earned and accrued sick leave and one hundred percent [100%] of vacation leave. 9.1.4 Accrued deferred compensation. 9.2. A resignation shall be submitted in writing to the COMMISSION through the City Clerk and shall provide for an actual resignation date no fewer than thirty [30] days following the date of notice of resignation. The COMMISSION may establish an earlier separation date, but compensation and benefits shall accrue through the full thirty [30] days. 10.0 Automobile 10.1. The CITY shall provide use of a vehicle to the CITY MANAGER which shall be used for business and unlimited personal use. The vehicle shall be suitable for conducting City business and of comparable quality to vehicles purchased for or assigned to City Managers in Palm Beach County. The CITY shall be responsible for paying for liability, property damage, and comprehensive insurance, and for the purchase (or lease), operation, maintenance, repair, and regular maintenance of a take home automobile. 11.0 Additional Benefits. 11.1 The CITY will pay the premiums for employee group medical, dental, and vision insurance for the CITY MANAGER and his dependents. Each January, the CITY will also fund the CITY MANAGER'S health savings account to the IRS maximum family contribution amount. 11.2 The City will pay the premiums for employee group short-term and long-term disability insurance. 11.3 CITY shall pay for and provide the CITY MANAGER with term life insurance in the amount of Three Hundred Forty Thousand Dollars [$340,000.00]. The City will not be responsible for policy renewal after the date of termination of appointment. 11.4 CITY and CITY MANAGER will execute all necessary agreements provided by the International City Management Association -Retirement Corporation (ICMA-RC) for CITY MANAGER's participation in said ICMA-RC retirement plan, or any other comparable deferred compensation program. In addition to the base salary paid by the CITY to CITY MANAGER, CITY will pay an amount equal to the IRS maximum allowable contribution, which shall also include the IRS maximum allowable for "catch up" provisions upon eligibility, into the ICMA-RC on CITY MANAGER'S behalf, in equal proportionate amounts each pay. 11.5 CITY MANAGER will accumulate vacation leave and may cash out leave as provided under the rules and regulations for other managerial employees of the CITY. 11.6 CITY MANAGER will accumulate sick leave and may cash out leave as provided under the rules and regulations for other managerial employees of the CITY. 11.7 CITY MANAGER is eligible to receive reimbursement for educational expenses toward the attainment of a Master's Degree, in an amount not to exceed Five Thousand Two Hundred Fifty Dollars [$5,250.00], per calendar year. Appointment Agreement — Daniel Dugger Page 4 of 7 Page 1180 of 1276 11.8 The CITY will pay for the registration, travel and subsistence expenses of the CITY MANAGER for professional and official travel and meetings to continue the professional development of the CITY MANAGER and to pursue necessary official and other functions for the CITY including but not limited to his attendance at the Annual Conference of the International City/County Management Association, and conferences and meetings sponsored by the Florida City/County Management Association, and such other national, regional, state, and local organizations, civic groups, and committees which the CITY MANAGER of the CITY is a member and as the CITY may designate. 11.9 CITY will pay for the registration, travel and subsistence expenses of the CITY MANAGER for short courses, institutes, and seminars that are necessary for this professional development and the good of the CITY. 11.10 The CITY will pay for the professional dues and subscriptions of CITY MANAGER necessary for his continuation and full participation in national, regional, state and local associations, civic groups, committees, and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the CITY, including but not limited to ICMA, FCCMA, PBCCMA. 11.11 The CITY will provide the CITY MANAGER with a clothing allowance in the amount of One Thousand Five Hundred Dollars [$1,500.00], payable in quarterly installments of Three Hundred Seventy-five Dollars [$375.00]. 12.0 Reimbursable Business Expenses 12.1 CITY will reimburse CITY MANAGER for all business-related expenses upon presentation to the Finance Director of duly executed expense vouchers, receipts, statement or personal affidavits. 13.0 Outside Activities 13.1 The appointment provided for by this Agreement shall be the CITY MANAGER's primary employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the CITY and the community, the CITY MANAGER may elect to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements must neither constitute interference with nor a conflict of interest with his responsibilities under this Agreement. 14.0 Indemnification 14.1 CITY shall defend, hold harmless from, and indemnify CITY MANAGER against any tort, professional liability claim, or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of CITY MANAGER's duties as CITY MANAGER. CITY shall either compromise and settle any claim or suit or pay the amount of any judgment against CITY MANAGER rendered thereon, if not compromised and settled. 14.2 CITY reserves the right to select, appoint, retain, and discharge legal counsel necessary to provide the foregoing defense. Appointment Agreement — Daniel Dugger Page 5 of 7 Page 1181 of 1276 15.0 Bonding 15.1 CITY shall bear the full cost of any fidelity or other bonds required of the CITY MANAGER under any law or ordinance. 16.0 Other Terms and Conditions of Appointment 16.1 The CITY has appropriated funds of the CITY in an amount sufficient to fund and pay all financial obligations of the CITY MANAGER pursuant to this Agreement, including but not limited to, the Severance and other benefits set forth above. 16.2 The COMMISSION, in consultation with the CITY MANAGER, shall fix such other terms and conditions of appointment, as it may determine from time to time, relating to the performance of CITY MANAGER, provided such terms and conditions are not inconsistent with or in conflict with the provisions of the Agreement, the City Charter or any other law but no subsequent agreement that would modify monetary benefits is binding on the parties unless reduced to writing and approved and signed with the same formalities as this Agreement. 16.3 There are no established hours of work for the CITY MANAGER. The CITY MANAGER shall dedicate himself to the tasks necessary to effectively and efficiently manage the affairs of the CITY. The CITY MANAGER may adjust his regular work schedule to balance the demands of extended business days and night meetings, upon reasonable notice to the COMMISSION. 16.4 The CITY will provide the CITY MANAGER with a laptop computer or other similar electronic devices suitable for on and offsite business use. 17.0 Binding Effect 17.1 The Agreement shall be binding on the CITY and CITY MANAGER and the successors, assigns, and heirs of each respectively. 17.2 The effective date of the Agreement shall be the date it is last signed by either the CITY or the CITY MANAGER. End of Agreement - Signature Page Follows Appointment Agreement — Daniel Dugger Page 6 of 7 Page 1182 of 1276 IN WITNESS WHEREOF, the parties sign and execute this Agreement. Witness Witness Witness Witness Approved as to Form: Michael D. Cirullo, Jr. City Attorney CITY OF BOYNTON BEACH, FLORIDA Ty Penserga Mayor Dated: CITY MANAGER Daniel Dugger Dated: ATTEST: Maylee De Jesus City Clerk Appointment Agreement — Daniel Dugger Page 7 of 7 Page 1183 of 1276 12.A. Legal 9/22/2022 Requested Action by Commission: Discuss the draft Local Rules & Procedures for Commission Meetings. Explanation of Request: In order to ensure accessibility and public participation in public meetings, it is customary for counties and municipalities to adopt and periodically update local rules for public meetings. The draft document attached to this item puts all of the rules outlined in the State Statutes and City Charter and City Code in one place for cohesion and ease of access. This item is before the Commission for review and discussion and to provide City staff with any changes or desired revisions before adoption by resolution at a future Commission meeting. 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 1184 of 1276 Type DAttacftrTIENI'lt D A ttac �h rTIE) II'l t D A ttac �h rTIE) II'l t Description �D IRA IF::: T I ocal IIRLJIlE)S & FlirtxEdUlir'EsS f0ir �D iSCLASSi011'I UIRAF::: T S�PEs,d(E)r Card F'Ulbis CoirnirTIENI'AS 0111 AgE)inda I tE)irns UIRAF::: T S�PEs,d(E)r Card F'Ulbis AUdiENI'lCE) Page 1185 of 1276 IIII IIII°� IIII IIII Boynton Beach City Commission Local Rules of Procedure & Quasi -Judicial Rules Adopted on , 2022 Page 1 of 11 Page 1186 of 1276 I. GOVERNING RULES It is the policy of the City Commission ("the Commission") of the City of Boynton Beach ("the City"), Florida that these Local Rules of Procedure shall govern all official meetings of the Commission. The purpose of these rules is to provide for the efficient and orderly functioning of the business of the Commission; to protect the rights of each individual; to protect the right of the majority to decide; to protect the right of the minority to be heard; and to preserve the spirit of harmony within the Commission and those appearing before the Commission. The ultimate determination of procedural matters shall rest with the Commission. II. MEETINGS A. Meetings Open to the Public. All meetings of the Commission shall be open to the public in accordance with Florida's Government -in -the -Sunshine -Law, Section 286.011, Florida Statutes, with the exception of those meetings statutorily exempt such as collective bargaining and litigation sessions. B. Regular Meetings. Unless otherwise advertised, regular meetings of the Commission will typically commence at 6:00 p.m. on the first and third Tuesdays of each month. In accordance with Section 8 of the City Charter, should any scheduled Regular Meeting of the Commission fall upon a date on which any national, state, county or municipal election is held, said Regular Meeting of the Commission should be deferred until the next regular working day. All Regular Meetings shall be held in the Commission Chambers at City Hall, 100 E. Ocean Avenue, Boynton Beach, Florida, unless otherwise designated by the Commission or required by events. All meetings of the Commission shall end by 11:00 p.m., unless extended beyond 11:00 p.m. by a vote of the Commission. If the meeting is adjourned, any unfinished business shall be considered at the next scheduled Regular Meeting of the Commission, or at a time and place set by the Commission at the time of adjournment. C. Workshops. Workshops are held to discuss items of special importance or complexity that require longer than usual staff presentation and Commission or public questions. D. Special Meetings. In accordance with Section 8 of the City Charter, the Mayor, or any three members of the Commission may call Special Meetings of the Commission, upon written notice to each member served personally or left at the usual place of residence. E. Emergency Meetings. An emergency meeting of the Commission may be called by the Mayor or by a majority of the Commission whenever an emergency exists which requires immediate action by the Commission. Whenever an Emergency Meeting is called, the Clerk shall notify each member of the Commission in writing or verbally of the date, time and place of the meeting and the purpose for which it is called, and no other business shall be transacted during the Emergency Meeting. At least twelve (12) hours shall elapse between the time the Clerk receives notice of the meeting and the time the meeting is to be held. If because of the nature of the emergency it is not possible to give notice to each Commissioner or it is impossible to allow twelve (12) hours to elapse between the time the Clerk receives notice of the meeting and the time the meeting is held, such failure shall not affect the legality of the meeting if a quorum is in attendance. Reasonable public notice of any Emergency Meeting as required by law shall be given. F. Public Hearings. Public Hearings will commence at or as soon as possible after the advertised time. In no event will public hearings commence prior to the advertised time. The general public shall be given proper notice of Public Hearings as required by applicable statutes or ordinances. G. Presentation Format. As a general rule, the order of item presentation during most meetings of the Commission shall be as follows, subject to change depending on the item under consideration: 1. Chair announces the item. Page 2 of 11 Page 1187 of 1276 2. Staff presentation, if any. 3. Commission asks questions of staff (no debate). 4. Commission discussion. 5. Motion is made; Motion seconded. 6. Discussion on the Motion, if any. Amendments to the Motion are made, if any. 7. Vote taken (no discussion/debate during vote). H. Minutes. The City Clerk shall take accurate Minutes of the proceedings of every meeting of the Commission, with the exception of statutorily closed sessions where no Minutes are to be taken. For approval, the Clerk shall deliver a copy of the Minutes thereof to each member of the Commission at least two full business days preceding a Commission Meeting. Once the Minutes are approved by a majority of the members present, they shall become the official Minutes. III. ORDER OF BUSINESS Official Agenda. There is an Official Agenda established by the City Manager for every meeting of the Commission, which determines the order of business to be 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 except for emergency or urgent matters, where a delay until the next meeting could adversely affect the City, should be added to the current Official Agenda by a majority vote of the Commission for action at the same meeting. The format for any Commission Meeting, unless otherwise provided by law, shall be substantially as follows and may be revised by majority vote of the Commission: 1. Openings A. Call to Order B. Roll Call of Members C. Invocation D. Pledge of Allegiance E. Agenda Approval i. Additions, Deletions, Corrections ii. Adoption 2. Other A. Informational Items by Members of the City Commission 3. Announcements, Presentations & Proclamations 4. Public Comments on Agenda Items 5. Administrative 6. Consent Agenda (to include Consent Bids & Purchases Over $100,000) 7. Public Hearing 8. Other Business 9. Public Audience 10. Future Agenda Items 11. City Attorney's Report 12. City Manager's Report 13. Adjournment A. Preparation/Delivery of Official Agenda. The City Manager shall oversee preparation of the Official Agenda and make every effort to deliver a complete agenda to the Commission no later than the Tuesday prior to the Regular Meeting of the Commission. Official Agendas for Special Meetings, Emergency Meetings and Workshops will be distributed in as timely a manner as possible. The Official Agenda and back-up documentation shall be available for review by the public. Page 3 of 11 Page 1188 of 1276 B. Quorum. A majority of the Commission shall constitute a Quorum. A quorum must be physically present at the meeting. If no Quorum exists within thirty (30) minutes after the time designated for the meeting of the Commission to commence or if a Quorum is lost, the Mayor or, in their absence, the Vice Mayor shall adjourn the meeting. The names of the members present and the time of adjournment shall be recorded in the Minutes by the Clerk. If a quorum is lost at any point during the meeting, the meeting shall be recessed until the quorum returns, and if a quorum does not return within thirty (30) minutes the Mayor or, in their absence, the Vice Mayor shall adjourn the meeting. If due to a voting conflict or other reason a quorum is lost for a particular item, that item will be deemed tabled to the next meeting. C. Agenda Approval. Only items listed on the Official Agenda at time of publishing will be acted upon. D. Proclamations, Acknowledgements and Presentations. A maximum of three (3) Proclamations/Acknowledgements and two (2) Presentations will be permitted and scheduled per Regular Meeting of the Commission. Items will be prioritized based on order of submission, meaning that the first submitted will be scheduled first in order at the meeting, until the maximum number is reached. A Proclamation should proclaim a day, week or month as something specific. An Acknowledgement can be a Certificate of Appreciation or a Commendation that recognizes an individual, group of individuals or an organization for their contributions to the community. A Presentation is typically an informational item prepared by City staff or an outside agency for the Commission. Presentations shall be limited to ten (10) minutes in length. Proclamations or Acknowledgements can also be issued by the Mayor or designee outside of a Regular Meeting. E. Public Comments on Agenda Items. Members of the public may address the Commission regarding items that are on the Official Agenda under Public Comments on Agenda Items, which is typically scheduled during Regular Meetings of the Commission. Procedures for addressing the Commission are set forth in Section VII -D. If an item is on the agenda as a public hearing, persons may also speak during such public hearing. F. Public Audience: Public Comments on Non -Agenda Items. Members of the public may address the Commission regarding items that are not on the Official Agenda under Public Audience. Procedures for addressing the Commission are set forth in Section VII -E. G. Consent Agenda. Consent Agenda items are typically items of City business that are routine in nature, non -controversial, do not deviate from past Commission direction or policy and do not require public discussion. They usually do not require Commission comment and are voted on as a group. Any item under Consent Agenda may be pulled by a Commissioner for discussion. During "Public Comments on Agenda Items" in Section III -F above, members of the public may speak to any consent item in accordance with Section VII -D. H. Public Hearings. Items that are not quasi-judicial in nature will be presented to the Commission for a maximum of ten (10) minutes in accordance with any requirements pursuant to Florida Statutes. Allowing additional time to the presenter is within the Chair's discretion based on a consensus of the Commission. Public Comments on Public Hearings are limited to three (3) minutes maximum per speaker. I. Ordinances. Ordinances will be heard by the Commission for First and Second Reading. First Readings will comprise of the City Attorney reading the caption of the Ordinance, a presentation by staff (and if applicable, the applicant), public hearing if required by law, and Commission discussion. Presentations will be limited to a maximum of ten (10) minutes for staff and an additional ten (10) minutes by the applicant, if applicable. Allowing additional time is within the Chair's discretion based on consensus of the Commission. Second Readings will comprise of the City Attorney reading the caption of the Ordinance, a brief overview by City staff of any changes between First and Second Reading, if applicable, public hearing including public comments limited to three (3) minutes maximum per speaker„ Commission discussion and vote. Page 4 of 11 Page 1189 of 1276 J. Future Agenda Items. Future Agenda Items are items requested by a member of the Commission to be placed on the agenda by consensus of the Commission for future discussion or action. K. "Add -On" Agenda Items. In the event of an unforeseen, urgent or emergency situation (defined as significantly relevant to the health, safety or general welfare of the residents of Boynton Beach), an item may be added to the Official Agenda prior to the meeting upon approval of the City Manager, bypassing the normal submittal and review process. The Commission should be given notice of any "Add -On" Agenda Item as soon as possible prior to the scheduled Regular Meeting of the Commission. Emergency or Urgent items may be added during a Commission meeting as described above. L. Appointments. All appointments to advisory boards or committees, whose members are not subject to appointment by other entities, shall be made in accordance with the following procedures, subject to any applicable restrictions by Florida Statues: 1. All vacancies subject to appointment to such advisory boards or committees shall be made on a nomination basis by each of the members of the Commission. This nomination shall be construed to be a Motion to Appoint. A Commissioner may defer his or her nomination for an appointment to the next scheduled Regular Meeting of the Commission. If a Commissioner is not ready to make his or her nomination for an appointment at the next scheduled Regular meeting, regardless of whether the Commissioner is present or absent at the meeting, the nomination shall rotate to the next appropriate Commissioner. Under no circumstances may a Commissioner nomination for an appointment be delayed for more than two consecutive Regular Meetings of the Commission. 2. A rotation system shall be established by the City Clerk's office for each advisory board or committee, and the Clerk's office shall maintain records of the rotation list, the status of same, and nominations made by each Commissioner. 3. In the event that there is only one application for a nomination, the nominating Commissioner will be afforded the next opportunity for appointment to the same board. 4. In the event that an individual, duly nominated and appointed to an advisory board or committee by a Commissioner at a Regular Meeting of the Commission, is unable to accept or declines the appointment, for whatever reason, then the Commissioner who appointed the individual unable to serve shall have the opportunity to nominate a replacement appointee to fill the vacancy before the nomination ability passes to the next Commissioner on the rotation system. Such replacement nomination by the Commissioner shall be made no later than the second consecutive Regular Meeting subsequent to the meeting at which the declined appointment was made. If the replacement nomination is not made within this time frame, then the ability to nominate shall pass to the next Commissioner on the rotation system. 5. Appointments for vacancies occurring on a Commission wherein a particular member has, for whatever reason, not fulfilled their entire term of membership on that particular advisory board or committee, shall be able to complete the unexpired term only, unless the unexpired term is for a period of time less than six (6) months. In that event, the appointed member shall then be allowed to serve the following full regular term without reappointment. 6. No application for appointment shall be considered for a current board member whose term has not yet expired. IV. RULES OF DEBATE This section sets forth the rules of debate to maintain decorum, the various motions available for use by the Commission, and related matters. The general parliamentary procedure to be followed Page 5 of 11 Page 1190 of 1276 by the Commission of the City of Boynton Beach, Florida, except as otherwise modified by the Commission or as modified or amended herein, shall be in accordance with the rules of parliamentary procedures entitled "Robert's Rules of Order'. A. Decorum. Every member of the Commission has a right to speak in the debate and shall always be recognized by the Chair. Non-member recognition shall be at the Chair's discretion. B. As to the Chair. Upon passing the gavel, the Chair or other presiding member of the Commission may make or second a motion. C. Point of Order. Any member who believes that a breach or the rules has occurred has a right to call immediate attention to the matter by raising a "Point of Order." A Point of Order (1) may interrupt a speaker who has the floor; (2) does not need to be seconded; (3) is not debatable; and (4) is confirmed by the Chair. By motion and second, a decision of the Chair on a Point of Order may be appealed to the Commission and, without debate, the Chair shall submit to the Commission the question, "shall the decision of the Chair be sustained?" and the Commission shall decide by a majority vote. D. Motion to Reconsider. An action of the Commission may be reconsidered at the same meeting of the very next Regular Meeting of the Commission. A motion to reconsider can only be made by a member who voted on the prevailing side of the motion, and is debatable. Such motion shall not be entertained: (1) if the approved action has been partially or fully carried out; (2) if a contract, when the party to the contract has been notified of the outcome; (3) if an ordinance or other action taken after a required public hearing; or (4) if the vote has caused something to be done that is impossible to undo. Adoption of a motion to reconsider shall require the item to be placed on the next available agenda. A new motion, second, and vote is required to take formal action on the item, if desired, and shall take place at a future meeting. If a motion to reconsider is not brought forward in a timely manner, yet a Commissioner would like to revisit the issue, the item may be placed on a future agenda provided that (1) new information has been discovered that if known at the time of the original vote, the outcome may have been different; (2) a majority of the Commission approves; and (3) none of the instances set forth above that would prohibit a motion to reconsider exist. In order to promote efficiency and finality, only one motion to reconsider may be made on an action item. E. Amended Motion. A member may amend a motion if they are not in agreement with the motion on the floor. This motion is debatable. F. Motion to Table. If a member would like to defer consideration of a matter, a motion to table is in order, which may include a time and date certain to continue the discussion. When tabling an advertised public hearing, a time and date certain must be included in the motion. This motion is debatable. G. Adjournment. No motion is required to end the meeting. The Chair declares the meeting adjourned without objection. V. QUASI-JUDICIAL PROCEEDINGS Quasi -Judicial Proceedings are hearings before the Historic Preservation Board, the Planning and Development Board, the Building Board of Adjustments and Appeals or City Commission, related to the following specific types of proceedings: variances, rezoning requests, appeals from administrative decisions of the building official or the planning director, master plan approvals, site plan approvals, modifications of site plans, relief from code requirements, conditional use approvals, site plan extensions, abandonment applications, and other land development matters announced as quasi-judicial hearings. A. Quasi-judicial hearings shall be conducted at the meeting of the appropriate city board in a manner which provides all interested parties with the opportunity to testify, call witnesses, introduce evidence and cross-examine witnesses. Testimony shall be under oath or affirmation. When a proposed development order comes before the City Commission having first been Page 6 of 11 Page 1191 of 1276 afforded a quasi-judicial hearing before a city board, the testimony and evidence submitted to a city board constitutes part of the record of testimony and evidence before the City Commission. B. 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. 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: 1. All property owners, homeowner associations, and condominium associations that own property within 400 feet of the boundary line of the property which is the subject of the quasi-judicial hearing shall be mailed, by first class mail, a notice of hearing postmarked no less than 10 calendar days prior to the hearing. 2. One sign for each street frontage of the property shall be posted no less than 10 days prior to the hearing. 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. 3. When a quasi-judicial hearing is tabled, but at a future unspecified date, re -notice of the hearing shall be provided by the applicant in the same manner as original notice. C. The City Commission may reconsider its decision arising from a quasi-judicial proceeding only upon a motion to reconsider made at the meeting at which the decision was rendered or during the next regular City Commission meeting. No quasi-judicial decision shall be considered final until the conclusion of the next City Commission meeting, or if a motion to reconsider has been made and passes, the conclusion of the reconsideration of the matter, and the entry of a written order approved by the City Attorney and signed by the City Clerk. 1. When a motion for reconsideration is made following the close of the hearing at which the decision is made, only the motion to reconsider shall be heard at the next regular City Commission meeting. If the motion to reconsider is adopted by the Commission, the matter which is the subject of the motion to reconsider shall be placed on the next available regular City Commission meeting agenda. The agenda item shall be noticed in the same manner as the notice provided when the item was originally considered. 2. Any board may reconsider its decision arising from a quasi-judicial proceeding only upon a motion to reconsider at the meeting at which the decision was rendered. VI. VOTING A. Motions. Motions require a majority vote of those members present for passage, unless a greater percentage vote is required by the charter, special or general law, or ordinance. B. Method. Votes taken on ordinances shall be by roll call and shall be recorded by the City Clerk. Votes taken on resolutions and motions may be by voice vote unless the Chair calls for a roll call vote. Every member who is present must vote, unless the member has publicly stated they are abstaining from voting due to a conflict of interest pursuant to Sections 112.3143 or 286.012, Florida Statutes. A Commissioner's silence will be counted as an affirmative vote. C. Voting Conflict. No Commissioner shall vote on a matter when the Commissioner has a voting conflict pursuant to Sections 112.3143 or 286.011, Florida Statutes. Further, in accordance with the Palm Beach County Code of Ethics, any Commissioner with a conflict shall not participate in the discussion of the item. The abstaining member shall comply with the requirements of the referenced state law as applicable, including the filing of Form 8B "Memorandum of Voting Conflict" with the Clerk within ten (10) days of the meeting at which the conflict was declared. A copy of Form 8B shall also be filed with the City Clerk. D. Vote Change. Any Commissioner may change their vote before the next item is called for consideration. Page 7 of 11 Page 1192 of 1276 E. Tie Vote. A tie vote shall result in the failure of the motion; however, there is no prevailing side for the purposes of a Motion to Reconsider. Any member of the Commission may, at the next regular meeting and with approval by a majority of the Commission, request that the item be placed on a future agenda for consideration. VII. PUBLIC PARTICIPATION IN CITY GOVERNMENT. A. Citizen Input. The Commission recognizes the important right of all citizens to express their opinions on the operation of City government and encourages citizen participation in the local government process. The Commission also recognizes the necessity for conducting orderly and efficient meetings so that City business may be completed efficiently, effectively and timely. Members of the public wishing to speak at Commission meetings shall comply with the procedures set forth below. B. Accessibility. All persons with disabilities shall be provided reasonable assistance to enable them to effectively participate in Commission meetings. C. Civility — Maintaining Order, Decorum at Commission Meetings, in accordance with Section 2-11 of the City Code. 1. No person shall willfully interrupt or disturb the proceedings or meeting of the city commission or any city board. 2. Only those individuals recognized by the presiding officer are authorized to speak to the commission or to a city board. i. All other speech, remarks, or comments are unauthorized. ii. Unauthorized speech, remarks, comments, stamping of feet, whistles, yells and similar actions or demonstrations constitute an interruption to public meetings, and are prohibited. 3. All persons attending any city meeting shall render inaudible any beepers, cellular telephones, or other mechanical or electronic devices while such meeting is in session. 4. The presiding officer shall preserve strict order and decorum at all meetings. 5. The chief of police or such member or members of the police department as the chief may designate shall be sergeant -at -arms at the regular and special meetings of the city commission or board. The sergeant -at -arms shall carry out orders and instructions given by the presiding officer or by a majority of the city commission or board present for the purpose of maintaining order and decorum at the city commission meetings. 6. Any person who causes an interruption of the meeting shall be warned by the presiding officer that the conduct is interfering with the order of the meeting and shall be given the opportunity to cease the conduct that constitutes an interruption. 7. If the individual fails to cease the offending conduct and continues interrupting the meeting, the individual shall be removed from the meeting room if the sergeant -at -arms is so directed by the presiding officer, and such person shall be barred from further audience for the remainder of the meeting. 8. In case the presiding officer shall fail to act, any member of the Commission may move to require the presiding officer to act to enforce the rules, and the affirmative vote of the majority of the city commission or board shall require the presiding officer to act. 9. Any person who, at a Commission or board meeting, willfully interrupts or disturbs a city commission or board meeting in violation of F.S. § 871.01, entitled "Disturbing Schools and Religious and Other Assemblies," is subject to arrest by those law enforcement officers present. No action by the presiding officer is required for a law enforcement officer to enforce F.S. § 871.01. D. Public Comments on Agenda Items Speaker Card. Page 8 of 11 Page 1193 of 1276 1. Comments under this section are limited to items on the current Agenda and may only be presented in person. 2. Anyone wishing to address the Commission on current meeting agenda items, that are not public hearing or quasi-judicial items, should complete an "Public Comments on Agenda Items Speaker Card" and present it to the City Clerk prior to the start of Public Comments on Agenda Items. If an item is on the agenda as a public hearing or quasi- judicial item, individuals should refrain from submitting a speakers' card, and speak at the time of the public hearing, or quasi-judicial item being addressed. On the "Public Comments on Agenda Items Speaker Card," the speaker must identify the agenda item about which they intend to speak. Speakers will be called to the podium in their order of submission, and will be asked to state their name for the record prior to addressing the Commission. Only those persons that submitted timely will be permitted to speak at this time. Any cards that were not timely submitted, or did not identify an agenda item, will be deferred to Public Audience, in the order they were received. 3. Speaking time under the Public Comments on Agenda Items section of the agenda is limited to three (3) minutes maximum per speaker. 4. All comments must be addressed to the Commission and not to individuals. 5. Speakers are prohibited from making direct personal attacks, or threats to an organization, individual, or groups of individuals, or making impertinent or slanderous remarks, while addressing the Commission. 6. The Commission will not generally discuss or respond to comments during "Public Comments on Agenda Items." E. Public Audience Speaker Card. 1. Comments under Public Audience are limited to items that are not on the current Official Agenda and are related to matters within the scope of jurisdiction of the Commission and may only be presented in person. 2. Anyone wishing to address the Commission on items not on the current Official Agenda should complete a "Public Audience Speaker Card" and present it to the City Clerk prior to Public Audience. Speakers will be called to the podium in the order of submission, and will be asked to state their name for the record prior to addressing the Commission. Only those persons that timely submitted a "Public Audience Speaker Card" will be permitted to speak at Public Audience. 3. The Public Audience section of the agenda is limited to one (1) hour total, allowing three (3) minutes maximum per speaker. 4. All comments must be addressed to the Commission and not to individuals. 5. Speakers are prohibited from making direct personal attacks, or threats to an organization, individual, or groups of individuals, or making impertinent or slanderous remarks, while addressing the Commission. 6. The Commission will not generally discuss or respond to comments during "Public Audience." F. Relevancy. Comments shall be limited to the subject being considered and the jurisdiction of the Commission. Comments during "Public Comments on Agenda Items" and "Public Comments on Non -Agenda Items" should be directed to City issues. Comments during a public hearing item shall be limited to the subject of that public hearing. G. Manner. Each person addressing the Commission shall fill out the appropriate "Speaker Card" and shall step up to the podium when they are called on and give his/her name for the record. No person other than a member of the Commission and the person having the floor shall be permitted to enter into any discussion without the permission of the Chair. All remarks shall be addressed to the Commission as a body and not to any individual member or the audience. No persons other than members of the Commission or City staff are permitted beyond the podiums. H. Allotted Time. Page 9 of 11 Page 1194 of 1276 1. Citizen Participants in General. Members of the public shall have three (3) minutes to speak. 2. Participants with a Representative. Speakers representing a group of six (6) or more interested citizens in attendance at the meeting shall have six (6) minutes to speak, so long as those being represented identify themselves and yield their time to the representative at the meeting. 3. Representing an Organization. Speakers representing an organization that is comprised of interested citizens shall have three (3) minutes to speak. I. Lobbyists. Provisions regarding lobbyist registration shall be governed by the Palm Beach County Lobbyist Registration Ordinance as amended from time to time by Palm Beach County. J. Consent Agenda. Public Comments on Agenda Items Cards for items on the Consent Agenda shall be accepted by the Clerk prior to the "Public Comment on Agenda Items" section of the Official Agenda. K. Dissemination of Information. Any member of the public desiring to submit information to the Commission relevant to the item may do so only when they are at the podium and recognized to speak. No motion to receive and file any submission by the public is necessary to make same a part of the record. Due to time constraints, there shall be no expectation that the Commission will read any information submitted at a meeting. Early submission of information relevant to an item appearing for Commission consideration is encouraged. VIII. DUTIES, POWERS, Privileges OF MAYOR. In accordance with Article I Section 10 of the City Charter, the Mayor shall preside at all meetings of the City Commission and perform such other duties consistent with his or her office as may be imposed by the City Commission, and he or she shall have a voice and a vote in the proceedings of the City Commission, but no veto power. He or she may use the title of Mayor when executing legal instruments of writing or when required by necessity, arising from the General Laws of the State, but this shall not be considered as conferring upon him or her the administrative or judicial functions of a Mayor under the General Laws of the State. He or she shall be considered as the official head of the City for ceremonial purposes, and shall be so recognized by the courts for the purpose of serving civil processes, and by the Government in the exercise of military law. The Mayor shall sign all deeds, bonds or other instruments of writing to which the City is a party, when authorized so to do by the City Commission. In the absence of the Mayor, the Vice Mayor shall fulfill the duties, powers and privileges of Mayor. IX. GENERAL PROVISIONS. A. Commissioner Attendance by Telecommunication. There may be times when a Commissioner is physically unable to attend a Commission meeting. In such an instance, the said Commissioner shall notify the City Clerk in advance to ensure quorum and that capabilities for remote participation are available if desired. In instances in which the physically absent Commissioner participates in a meeting, the Commissioner shall be allowed to cast their vote. B. Commissioner Decorum and Civility. It is expressly understood and valued by the Commission that all issues brought before the Commission are fairly debated and discussed with full participation from the public and City staff. All decisions of the Commission are decided by the majority and will be respected. With that understanding, all members of the Commission must strive to unify the Commission and support the decisions of the collective body. 1. During meetings, Commissioners shall: a. treat each other, City staff, and members of the public with dignity, courtesy, and respect; and b. encourage and/or ensure that the public treats the Commission, City staff, and Page 10 of 11 Page 1195 of 1276 members of the public with dignity, courtesy, and respect; and c. maintain confidentiality of closed -door sessions; and d. be attentive; and e. encourage diverse viewpoints; and f. promote discussion and resolution. 2. After adjournment, Commissioners shall support their colleagues and support the decisions of the Board. C. Ethical Conduct. Officials of the City of Boynton Beach are subject to the provisions of the Palm Beach County Code of Ethics in addition to any and all state and federal laws governing ethical conduct of officials as well as all local laws, rules, regulations and policies. No Commissioner shall participate in any activity on behalf of the City of Boynton Beach that: 1. Promotes or exhibits hate, bias, discrimination; 2. Advocates the agenda or position of a political party, candidate for elected office, ballot initiative, or campaign or fundraising websites of holders for candidates for political office; 3. Posts, on social media or otherwise, communications that expressly advocate the approval or rejection of a clearly identified ballot measure or candidate appearing on a local ballot; 4. Violates any federal or state local law, regulation, policy, or standard D. Amendment, Suspension, and Construction of Rules. Any amendment of these rules shall be in accordance with the Florida law or the City Charter or Code of Ordinances as may be applicable. These rules are for the efficient and orderly conduct of Commission business only; no violation of such rules shall invalidate any action of the Commission when approved by a majority vote. E. Effective Date. These rules shall go into effect immediately upon adoption subject to any changes to the Code of Ordinances as referenced herein and shall supersede all other rules previously adopted by the Commission. Page 11 of 11 Page 1196 of 1276 FIA, 11111 at MOININKOBIMMOMISM, Name (Print):_ Address (optional): M Email (if follow -Lip is desired): Phone Number (if follow -Lip is desired): We value your input and comments! M 0 Instructions: • Please complete one card for each topic. • No Speaker Cards will be accepted after the agenda item discussion has begun. • Please present your public audience comment card to the City Clerk. • When your name is called to speak, approach the podium and speak directly into the microphone. • You will have 3 minutes to speak. Check all that apply: Ell support this agenda item Ell oppose this agenda item E]l do not wish to speak, please read my comment into the record. This card is a public record. Rules of Decorum are on the back. VIA & Name (Print): Address (optional): M Email (if follow -Lip is desired): Phone Number (if follow -Lip is desired): We value your input and comments! M M Instructions: • Please complete one card for each topic. • No Speaker Cards will be accepted after the agenda item discussion has begun. • Please present your public audience comment card to the staff member. • When your name is called to speak, approach the podium and speak directly into the microphone. • You will have 3 minutes to speak. Check all that apply: Ell support this agenda item Ell oppose this agenda item E]l do not wish to speak, please read my comment into the record. Questions/Comments: This card is a public record. Rules of Decorum are on the back. WMV MM Page 1197 of 1276 Public Comments on Agenda Items Comments under this section are limited to items on the current Agenda and may only be presented in person. Anyone wishing to address the Commission on current meeting agenda items, that are not public hearing or quasi-judicial items, should complete an "Public Comments on Agenda Items Speaker Card" and present it to the City Clerk prior to the start of Public Comments on Agenda Items. If an item is on the agenda as a public hearing or quasi-judicial item, individuals should refrain from submitting a speakers' card, and speak at the time of the public hearing, or quasi-judicial item being addressed. On the "Public Comments on Agenda Items Speaker Card," the speaker must identify the agenda item about which they intend to speak. Speakers will be called to the podium in their order of submission, and will be asked to state their name for the record prior to addressing the Commission. Only those persons that submitted timely will be permitted to speak at this time. Any cards that were not timely submitted, or did not identify an agenda item, will be deferred to Public Audience, in the order they were received. Speaking time under the Public Comments on Agenda Items section of the agenda is limited to three (3) minutes maximum per speaker. All comments must be addressed to the Commission and not to individuals. Speakers are prohibited from making direct personal attacks, or threats to an organization, individual, or groups of individuals, or making impertinent or slanderous remarks, while addressing the Commission. The Commission will not generally discuss or respond to comments during "Public Comments on Agenda Items." Public Comments on Agenda Items 1. Comments under this section are limited to items on the current Agenda and may only be presented in person. 2. Anyone wishing to address the Commission on current meeting agenda items, that are not public hearing or quasi-judicial items, should complete an "Public Comments on Agenda Items Speaker Card" and present it to the City Clerk prior to the start of Public Comments on Agenda Items. If an item is on the agenda as a public hearing or quasi-judicial item, individuals should refrain from submitting a speakers' card, and speak at the time of the public hearing, or quasi-judicial item being addressed. On the "Public Comments on Agenda Items Speaker Card," the speaker must identify the agenda item about which they intend to speak. Speakers will be called to the podium in their order of submission, and will be asked to state their name for the record prior to addressing the Commission. Only those persons that submitted timely will be permitted to speak at this time. Any cards that were not timely submitted, or did not identify an agenda item, will be deferred to Public Audience, in the order they were received. 3. Speaking time under the Public Comments on Agenda Items section of the agenda is limited to three (3) minutes maximum per speaker. 4. All comments must be addressed to the Commission and not to individuals. 5. Speakers are prohibited from making direct personal attacks, or threats to an organization, individual, or groups of individuals, or making impertinent or slanderous remarks, while addressing the Commission. 6. The Commission will not generally discuss or respond to comments during "Public Comments on Agenda Items." Page 1198 of 1276 FEW Name (Print):_ Address (optional): State: Zip: Email (if follow -Lip is desired): Phone Number (if follow -Lip is desired): Instructions: • Please complete one card. If you wish to speak on multiple items, please list each below. • No public audience speaker cards will be accepted after the agenda item discussion has begun. • Please present your public audience speaker card to the City Clerk. • When your name is called to speak, approach the podiurn and speak directly into the microphone. • You will have 3 minutes to speak on all topics listed. Check if you do not wish to speak during the Commission Meeting E]l do not wish to speak, please read my comment into the record. This card is a public record. Rules of Decorum are on the back. Date: SPEAKER CARD Date: Name (Print):_ Address (optional): City: Email (if follow -Lip is desired): Phone Number (if follow -Lip is desired): I PUBLIC AUDIENCE We value your input and comments! State: Zip: • Please complete one card. If you wish to speak on multiple items, please list each below. • No public audience speaker cards will be accepted after the agenda item discussion has begun. • Please present your public audience speaker card to the City Clerk. • When your name is called to speak, approach the podium and speak directly into the microphone. • You will have 3 minutes to speak on all topics listed. Check if you do not wish to speak during the Commission Meeting E]l do not wish to speak, please read my comment into the record. Questions/Comments This card is a public record. Rules of Decorum are on the back. Page 1199 of 1276 Public Audience 1. Comments under Public Audience are limited to items that are not on the current Official Agenda and are related to matters within the scope of jurisdiction of the Commission and may only be presented in person. 2. Anyone wishing to address the Commission on items not on the current Official Agenda should complete a "Public Audience Speaker Card" and present it to the City Clerk prior to Public Audience. Speakers will be called to the podium in the order of submission, and will be asked to state their name for the record prior to addressing the Commission. Only those persons that timely submitted a "Public Audience Speaker Card" will be permitted to speak at Public Audience. 3. The Public Audience section of the agenda is limited to one (1) hour total, allowing three (3) minutes maximum per speaker. 4. All comments must be addressed to the Commission and not to individuals. 5. Speakers are prohibited from making direct personal attacks, or threats to an organization, individual, or groups of individuals, or making impertinent or slanderous remarks, while addressing the Commission. 6. The Commission will not generally discuss or respond to comments during "Public Audience." Public Audience 1. Comments under Public Audience are limited to items that are not on the current Official Agenda and are related to matters within the scope of jurisdiction of the Commission and may only be presented in person. 2. Anyone wishing to address the Commission on items not on the current Official Agenda should complete a "Public Audience Speaker Card" and present it to the City Clerk prior to Public Audience. Speakers will be called to the podium in the order of submission, and will be asked to state their name for the record prior to addressing the Commission. Only those persons that timely submitted a "Public Audience Speaker Card" will be permitted to speak at Public Audience. 3. The Public Audience section of the agenda is limited to one (1) hour total, allowing three (3) minutes maximum per speaker. 4. All comments must be addressed to the Commission and not to individuals. Speakers are prohibited from making direct personal attacks, or threats to an organization, individual, or groups of individuals, or making impertinent or slanderous remarks, while addressing the Commission. 5. The Commission will not generally discuss or respond to comments during "Public Audience." Page 1200 of 1276 13.A. Future Agenda Items 9/22/2022 Requested Action by Commission: Consider a LDR amendment to add a requirement for a minimum commercial area percentage to mixed use developments, requested by Vice Mayor Cruz -To be scheduled for Commission agenda once it has gone to the Planning & Development Board in September 2022. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1201 of 1276 13. B. Future Agenda Items 9/22/2022 Requested Action by Commission: Discussion on Advisory Boards providing an report to the City Commission, requested by Commissioner Kelley.- October 4, 2022 Explanation of Request: We need direction from the Commission on how often they would like to have a report from the Advisory Boards. Also, how often they would like to have the attendance records for the Board Members on Advisory Boards. How will this affect city programs or services? Advisory Boards will need to have a report prepared for the Commission to review when a timeframe is specified. Fiscal Impact: There are no fiscal impacts to the budget for this item. Alternatives: Not request an a report from the Advisory Boards. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1202 of 1276 13.C. Future Agenda Items 9/22/2022 Requested Action by Commission: Discussion and direction on Tenant Notice and Bill of Rights Ordinance.- October 4, 2022. Explanation of Request: At the July 19, 2022 City Commission meeting the Mayor requested that the Commission consider an Ordinance to assist individuals renting property. Several jurisdictions in Florida have recently adopted ordinances to enhance notice requirements above those required by state law. These requirements include notices for terminating leases and increases in rent. Some jurisdictions also adopted regulations for notices relating to late fees and to adopt a Tenant's Bill of Rights that requires landlords to provide written notice to tenants of their rights and resources should they have any concerns. On August 23, 2022, Palm Beach County preliminarily approved an ordinance to enact notice requirements for termination of leases and increases in rental rates, and directed that the ordinance be advertised for public hearing on September 13, 2022 at 9:00 a.m. If approved by the County Commission, the ordinance would apply countywide, including within municipalities, except where it conflicts with a municipal ordinance or a municipality opts out. City code enforcement would be authorized to enforce the County ordinance within the City. The options for the City Commission are: 1. in the event the County Commission adopts its ordinance, to enforce the County ordinance within the City with no additional action; 2. in the event the County Commission adopts its ordinance, to enforce the County ordinance within the City and adopt an ordinance to cover subjects not covered by the County ordinance including notice for late fees and adoption of a Tenant's Bill of Rights; 3. in the event the County Commission adopts its ordinance, opt out of the County ordinance entirely and either (i) adopt an ordinance for the City on the same subject or (ii) not have any regulations within the City as an opt out would mean the County ordinance would not apply within the City. Prior to learning of the proposed County ordinance, the City Attorney's office had prepared a draft ordinance for the City of Boynton Beach for discussion purposes. How will this affect city programs or services? Provide regulations and notice of rights to tenants in the City Fiscal Impact: None at this time; however, there could be costs relating to enforcement and printing of form notices to tenants once any ordinance within the City comes into effect. Alternatives: To not provide direction Strategic Plan: Page 1203 of 1276 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D OrdinainCE) D OrdinainCE) Description Diraft Tbinaint NoUC'2, aind IBlillll of IRigh ts Ordinall'ICE) FlairnBE�,ach COU1111ty IFlrolPOSEd Ordinain(�21 r'Esgarding Tbinaint NoUCE)S Page 1204 of 1276 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDINANCE NO. 22 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE CITY OF BOYNTON BEACH'S CODE OF ORDINANCES; AMENDING CHAPTER 13 ENTITLED "LICENSES"; BY CREATING ARTICLE V "RENTAL DWELLING UNITS", CREATING DIVISION 1 ENTITLED "APPLICABILITY AND DEFINITIONS" PROVIDING FOR TITLE, APPLICABILITY AND DEFINITIONS; CREATING DIVISION 2 ENTITLED "RESIDENTIAL NOTICE" TO PROV NOTICE REQUIREMENTS FOR TERMINATION MONTHLY RESIDENTIAL TENANCY WITHOUT SP DURATION AND RENTAL PAYMENT INCR SES; ATING DIVISION 3 ENTITLED "TENANT' b OFR SAND NOTICE OF LATE FEES" TO p VID FOR NO OF TENANT RIGHTS AND LAT EESi11 R RESID TENANCIES; AND CREAT VIS 4 ENTI "ENFORCEMENT"; PROVIDCONFLI TS, SEVERABILITY, DA OE IFICATION; PROVIDING FOR AN EFFECTIVE 1u 1 11111111 1111 WHEREAS, Part 11 of 25 Residential Landlord 26 sets forth the rights, uties Rq%Wa Statut' " known as the "Florida Act," appl 11111 "tenanci f residential dwelling units and ords and ,pants; and 31 WHEREASliMocting residential tenants from discrimination and unfair and illegal 32 rental practices is fundamental to the health, safety, and welfare of the community; and 33 WHEREAS, this Ordinance is enacted pursuant to the home rule powers of the City 34 of Boynton Beach (the "City") as set forth at Article VIII, Section 2, of the Constitution of 35 the State of Florida, Chapter 166, Florida Statutes, and other applicable controlling law; and 100524683.1306-9001821 }S:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 1 Page 1205 of 1276 36 WHEREAS, the City Commission of the City of Boynton Beach (the "City 37 Commission") is vested with the authority to adopt ordinances to protect the health, safety 38 and welfare of the City's residents and visitors; and 39 WHEREAS, it is the intention of the City Commission to provide all residents of the 40 City with fair notice if their rents are to increase; and 41 WHEREAS, over the past year, the City has experienced significant increase in 42 rental rates being paid by tenants; and 43 WHEREAS as reported b the Sun Sentinel o arch 2022 research from P Y 44 three (3) Florida colleges revealed that renters i lllllut4 1��orida are p 18.98% more 45 than what they should be; and 7 46 WHEREAS, according to the most recent Af l eHousing Needs Assessment t 47 conducted by Florida International from %hW1111111ii,1112020, 52.7% renters' 48 households in Palm Beach County are sev°jlllly clllll nod 49 WHEREAS ri OVID-19�indemic t ere has been an influx of people g 50 moving to Florida�uuuuufro tes h higher wa�lll nd cost of living which has caused an 51 a sur e in "p va III d ren in Florida; and p g I 52 SII EREAS m enant ng n ithe Ci have been unable to afford the costs m � 53 of urchas nd maintai a residential roe thereb increasin the demand for p � p p rtV, V � 54 rental properties'; IIVu° 55 WHEREAS I H of Chapter 83, Florida Statutes, commonly known as the 56 "Florida Residential Landlord and Tenant Act" ("the Act"), applies to the rental of 57 residential dwelling units and sets forth the rights and duties of landlords and tenants; and 58 WHEREAS, the Act does not provide specific notification requirements for 59 landlords seeking to increase rental rates; and 100524683.1306-9001821 IS:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 2 Page 1206 of 1276 60 WHEREAS, although some lease agreements contain provisions regarding increases 61 in rental rates, a landlord generally may not raise rent during the term of a lease; and 62 WHEREAS, therefore, a landlord will have to wait until the end of the term of the 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 lease to raise the rent and it is expected that notice of such will be provided in accordance with termination notices set forth by law or in accordance with the lease agreement; and WHEREAS, with respect to notices of termination of tena,,y, if there is a written lease, Section 83.575 of the Act provides that the notice req no more than 60 days' notice; and��illll WHEREAS where there is no lease on A0 lllother Illii a provides that the landlord should provide a sive y renting month -to - wee a 15 -day notice to a tenant renting quarter -to -quarter, and a 60 -day' °' WHEREAS, according to the FI case law cited enacting ordinanc"es without a s. to terminate a tenancy is 57 of the Act to a tenant re" fi"g week -to - 1l a 30 -day notice to a tenant or -to -year; and Opinion No. 94-41 and the local governments from "period for month-to-month tenancies 7 3.57 of the Act; and 1p0°mulllEREAS, thCom"" recognizes that while reasonable late fees may be a n im ortnt t of the Ian d/ten nt relationship, ii is essential that tenants anderstand and know when they incur se fees; and WHEREAS,,11 in Florida counties including Miami -Dade and Broward and cities, including Lake Worth Beach, West Palm Beach and Miami Beach, have recently 81 enacted ordinances that require written notification be given by residential landlords to their 82 tenants for certain actions and to provide for a tenant's bill of rights so that tenants are 83 informed of their legal rights; and 100524683.1306-9001821 }S:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 3 Page 1207 of 1276 84 WHEREAS, the Mayor and the City Commission of the City of Boynton Beach 85 hereby finds that it is in the best interest of the citizens and residents of the City of Boynton 86 Beach, Florida to approve the Ordinance to the City's Code of Ordinances and as contained 87 herein. 88 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 89 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 90 Section t Th foregoing whereas clauses are true orrect and are now ratified ed 91 and confirmed by the City Commission. IIIIIIIIIIIIIIIIIIIIII °i'0p����� 92 Section 2. City of Boynton Beach's C of Ordinances, Cl�� 13 "Licenses" 93 is hereby amended by creating Article V, "Redfall }ling*111, " as follows: uuii"j1p0�� 94 ARTICLE V. — RENTAL DWELLING UNITS 95 DIVISION 1. AP 96 Sec. 13-92. Title. 97 This ordinancaA forth in °"° ctions IX -92 through 13-99 of the i. shall be Pwn and may be cited as the " itywiae, umess in coniHct witn an 102 applicable muni ordinAce. Unless otherwise provided, nothing in this article shall be 103 construed to relieve II IIIIII person from compliance with applicable counjy or municipal 104 regulations. The provisions of this article shall apply prospectively and shall apply to any 105 new Rental Agreement entered into after October 1, 2022, date and to any renewal or 106 extension of an existing Rental Agreement with a term that commences after that date. 107 (b) This article only applies to residential tenancies subject to Chapter 83, Florida 108 Statutes, and does not apply to rentals within mobile home parks governed under Chapter 100524683.1306-9001821 IS:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 4 Page 1208 of 1276 109 723, Florida Statutes, short-term rentals of residential units with non-recurring rental terms 110 of thirty (30) days or fewer, or rentals of transient public lodging establishments regulated 111 under Chapter 509, Florida Statutes. This article only regulates the landlord tenant 112 relationship under Chapter 83, Florida Statutes, nothing in this article shall be construed to 113 constitute regulation of public lodging establishments. 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 entitled to bossess a Rental Unit. or which is a "Rental Agreement" as defined in Section 130 83.43. Florida Statutes. as it may be amended. 131 Rental Unit means a residential housing unit in the City of Boynton Beach that (a) is 132 or may be occupied by a Tenant by virtue of a Rental Agreement, or (b) is a "Dwelling 133 Unit" as defined in Section 83.43, Florida Statutes, as it may be amended. 100524683.1306-9001821 }S:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 5 Page 1209 of 1276 134 Tenant means a natural person or persons who will occupy, or who makes 135 application to occupy, a Rental Unit by virtue of a Rental Agreement, or who is a "Tenant" 136 of a dwelling unit in the City of Boynton Beach, as defined in Section 83.43, Florida 137 Statutes, as it may be amended. 138 DIVISION 2. RENTAL NOTICES 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 Sec. 13-97. Tenant's Bill of Rights, Landlord Notice Requirements. 155 (a) The Department shall create and maintain a Tenant's Bill of Rights, which 156 shall mean a paper or electronic document, available in English, _ Spanish, and Creole, in at 157 least 12 -point font, and formatted to be printed on paper of 81/2 by 11 inches or larger, 158 containing a notice of rights under applicable federal, state, and local law, and services 100524683.1306-9001821 IS:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 6 Page 1210 of 1276 159 available to residential tenants in the Citv of Bovnton Beach. The content of the Tenant's 160 Bill of Rights shall be as determined by the Boynton Beach City Commission 161 ("Commission") by resolution. 162 (b) It is unlawful for a Landlord of a Rental Unit to enter into a Rental Agreement for 163 a Rental Unit under the Landlord's control or authority, without first providing the 164 prospective Tenant with a copy of the Tenant's Bill of Rights. A La or mgy comply with 165 this reauirement through an agent of the Landlord (e.sz._ a bro manaoer_ rental manager_ 177 vacates the Renflllllllll�.0 it. uij0" 178 Sec. 13-98. L Fee Notices Landlord Re uirements. 179 (a) At or before such time as a Landlord assesses a Late Fee against a Tenant, the 180 Landlord must provide written notice to the Tenant containing the information stated in 181 Section (c) below. A Landlord may comply with this requirement through an agent of the 182 Landlord (e.g., a property manager, rental manager, or real estate licensee). 183 (b) This written notice shall be separate from any notice requirements provided for in 100524683.1306-9001821 IS:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 7 Page 1211 of 1276 184 a Rental Agreement and shall be required each time a new Late Fee is assessed. Only one 185 notice shall be reauired if the same Late Fee continues to accrue after delivery of the notice. 186 (c) The written notice required under this section shall include a statement informing 187 the Tenant that: 188 (1) A Late Fee has been incurred, identifying the specific provision of the Rental 189 Agreement that provides for the Late Fee, 190 2 The amount of the Late Fee due at the time o e notice and, if Late Fees 191 will increase or continue to accrue a statement ex lainidtlllllhe ra which such fees will 192 increase or continue to accrue, and 193 (3) The factual basis for the Late F "iellll. VIII ��i uuii"j1p0�� 194 (d) The written notice provided for in this 195 1 By e-mail to the e-mppla 196 Agreement or any subsequent written a reCent 197 (2) By ce the addre�������� be delivered to the Tenant: Tenant in 202 notice requiremeWhiji this "'ction if the Landlord can provide one of the following: 203 1 A col lllfllllllllthe e-mail sent pursuant to Section (d)(1) above on or before the 204 date the Late Fee was assessed, 205 (2) A copy of a written and dated letter sent, posted, or hand delivered as 206 provided in Sections (d)(2) through (4) above, with: (i) evidence from the United States 207 Postal Service or other delivery service showing both the mailing date and delivery address 208 of the notice, (ii) a time -stamped photograph of the notice clearly posted on the front door of 100524683.1306-9001821 }S:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 8 Page 1212 of 1276 209 the Rental Unit; or (iii) a signed and dated statement by the delivery person certifying hand 210 delivery of the notice to the Tenant evidencing the date of delivery. 211 DIVISION 4. ENFORCEMENT 212 Sec. 13-99. Enforcement. 213 (a) The Tenant's Bill of Rights and Notice of Late Fees Ordinance may be enforced 214 by code enforcement officers_ including municipal code enforcement officers_ and anv law 215 enforcement agency having urisdiction of the area within whikdKthe Rental Unit is local 216 pursuant to Section 125.69 and Cha ter 162 Florida Sta Illlell s o!������Lapplicable munici 217 code enforcement provision. 218 (b) Nothing in Sections 13-92 throuah"I" V��llllll - IIII intenlibil to create any Illlllu p0ate cau 219 of action. and these provisions may only be enforced as"1111191tiorth herein °,,,,,,,,,,,,,,,,, affect the r 226 affeder of thisinan ce. 227 Section Aut ty is hereby given to codify this Ordinance. 228 Section 7. IIIiIIIIIIsII Ordinance shall become effective immediately. 229 FIRST READING this day of , 2022. 230 100524683.1306-9001821 IS:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 9 Page 1213 of 1276 231 SECOND, FINAL READING AND PASSAGE this day of , 2022. 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 ATTEST: Maylee De Jesus, MPA, M City Clerk uulllllllllllllllplllllll (Co CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Tu Commissioner — Aimee III I ,111llllluuu11111' Tyg a Mav PROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 100524683.1306-9001821 }S:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 10 Page 1214 of 1276 Agenda Item #: 00 PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 23, 2022 Department: Submitted By: Administration Administration [ ] Consent [ X ] Regular [ ] Ordinance [ ] Public Hearing I. EXECUTIVE BRIEF Motion and Title: Staff recommends motion to approve on preliminary reading and permission to advertise for a public hearing on September 13, 2022 at 8:30 a.m.: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AMENDING SECTIONS 14-81 AND 14-82 OF THE PALM BEACH COUNTY CODE; PROVIDING FOR AUTHORITY; PROVIDING FOR REQUIRED WRITTEN FAIR NOTICE OF TERMINATION OF RESIDENTIAL TENANCIES WITH SPECIFIC DURATION AND CERTAIN TENANCIES WITHOUT SPECIFIC TERM AND WRITTEN FAIR NOTICE REQUIREMENTS FOR RENTAL PAYMENT INCREASES FOR RESIDENTIAL TENANCIES WITH SPECIFIC DURATION AND CERTAIN TENANCIES WITHOUT SPECIFIC TERM; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Summary: At the request of the Board of County Commissioners, this ordinance is being proposed for consideration and seeks to amend Sections 14-81 and 14-82 of the Palm Beach County Code to require a 60 -day written notification for either non -renewal of a residential lease, termination of a residential lease, or an increase of the rental rate by more than five percent (5%) for tenancies of a specific duration under Section 83.575(1), or for tenancies without a specific term under Section 83.57(1) through (3), Florida Statutes. This ordinance shall apply in unincorporated and incorporated areas of Palm Beach County, subject to certain limitations. Similar ordinances have passed in other counties in the state as well as several municipalities in Palm Beach County. This ordinance provides that any municipal ordinances in Palm Beach County either adopted before or after the adoption of this ordinance would remain in effect. It also allows a municipality to opt out of the provisions of this ordinance. The ordinance provides for an enforcement mechanism in the unincorporated areas of the county through Palm Beach County Code Enforcement and includes fines for such violations. In incorporated Palm Beach County, any municipal code enforcement officers or any law enforcement agency having jurisdiction of the area within which the residential tenancy at issue is located would enforce this ordinance. This ordinance is anticipated to have a beneficial impact for residents and will help renters navigate the highly competitive rental market by providing more time to adjust to higher rents or seek alternative housing, and will help landlords in sooner identifying certain residential units that may become available in order to identify new occupants. Countywide (MM) (Background and Policy Continued on page 3.) Attachments: 1) Proposed Rental Notification Assistance Ordinance ----------------------------------------------------------------- ----------------------------------------------------------------- Recommended By: m 1 Department Director Date Approved By: l L(24Z7 - Assistant Co my Administrator to Page 1215 of 1276 II. FISCAL IMPACT ANALYSIS A. Five Year Summary of Fiscal Impact Fiscal Years 2022 2023 2024 2025 2026 Personal Services Operating Costs Capital Expenditures External Revenues Program Income (County) In -Kind Match (County) Net Fiscal Impact 0* # ADDITIONAL FTE POSITIONS (Cumulative) 0 0 0 0 0 Is Item Included In Current Budget? Yes — No _X_ Does this item include the use of federal funds? Yes No Budget Account Exp No: Fund xxxx Dept. xxx Unit xxxx Obj. xxxx Pro -q. xxx Rev No: Fund xxxx Dept. xxx Unit xxxx Rev. )=x Prog. xxxx B. Recommended Sources of Funds/Summary of Fiscal Impact: *The fiscal impact is undetermined at this time. C. Departmental Fiscal Review: REVIEW COMMENTS A. OFMI3 Fiscal and/or Contract Dev. and Control Comments: 4A l + j%��FMB q41c \�ontractbed Control n B. Legal Sufficiency: --/3tx�k Assistant County Attorney G. Other Department Review: Department Director This summary is not to be used as a basis for payment. Page 1216 of 1276 (Continued from page 1) Background and Policy: During the conznavirun-2010(COV|0-10)pandemic, there has been on influx of people moving to Florida from states with higher wages and costs of living, which has caused anupsurge inrental rates inFlorida. Specifically inPalm Beach County, rents have increased thirty-seven percent (3796) during 2021. continuing to increase through the beginning of2O22. Part U of Chapter 83' Florida Gtatuheo, commonly known as the "Florida Residential Landlord and Tenant Act" ("the Act"), applies to the rental of residential dwelling units and sets forth the rights and duties of landlords and tenants. The Act does not provide specific notification requirements for landlords seeking to increase n*ntu| rates. Although some lease agreements contain provisions regarding increases in nantu| rates, u landlord generally may not raise rent during the term ofalease. Alandlord generally will have to wait until the end of the term of the lease to raise the rent and it is expected that notice of such increase will be provided in accordance with termination notices set forth by law or in accordance with the lease agreement. With respect to notices of termination of tenanoy, if there is a written lease, Section 83.575 of the Ant provides that the notice required toterminate atenancy ienomore than GUdayo'nohoo. Where there ienowritten lease, . Section 83.57 provides that the landlord should provide a seven-day notice to a tenant renting week -to -week, a 15 -day notice to otenant renting month-to-month, a 30 - day notice to a tenant renting quarter -to -quarter, and a 60 -day notice to a tenant renting year-to-year. According to court opinions and Florida Attorney General Opinion No. 94-91, the Florida Legislature has not preempted locagovernments from enacting ordinances thatenlarge the notification period for month-to-month tenancies without a specific duration pursuant to Section 83.57. The Attorney General concluded that such enlargement of the notification period is supplemental to the Act, and compliance with such an ordinance is possible without violating Section 83.57. Page 1217 of 1276 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ORDINANCE NO. 2022 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AMENDING SECTIONS 14-81 AND 14-82 OF THE PALM BEACH COUNTY CODE; PROVIDING FOR AUTHORITY; PROVIDING FOR REQUIRED WRITTEN FAIR NOTICE OF TERMINATION OF RESIDENTIAL TENANCIES WITH SPECIFIC DURATION AND CERTAIN TENANCIES WITHOUT SPECIFIC TERM AND WRITTEN FAIR NOTICE REQUIREMENTS FOR RENTAL PAYMENT INCREASES FOR RESIDENTIAL TENANCIES WITH SPECIFIC DURATION AND CERTAIN TENANCIES WITHOUT SPECIFIC TERM; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, it is the intention of this Board to provide all Palm Beach County residents 20 with written fall notice if their residential tenancies are to be terminated or if their rents are to 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 increase; and WHEREAS, as growth outpaced construction in the 2010-2019 decade, an annual supply gap of 2,732 housing units has grown to a supply deficit of over 30,000 housing units; and WHEREAS, according to the University of Florida's Shimberg Center for Housing Studies' 2019 Rental Market Study, there are 2.6 million renter households in the State of Florida; and WHEREAS, homeowners represent sixty-nine percent (69%) of all households, and renters represent thirty-one percent (31 %); and WHEREAS, as of early 2021, thirty-nine percent (39%) of all households in Palm Beach County were cost -burdened, paying more than thirty percent (30%) of income towards housing expenses; and WHEREAS, the situation is most dire for renters, of which 56.6% (97,368) were cost - burdened in 2021, including 29.8% (51,282) of renters who are severely cost -burdened, paying more than 50% of income towards rent; and WHEREAS, during the coronavirus -2019 (COVID-19) pandemic, there has been an influx of people moving to Florida from states with higher wages and cost of living, which has caused an upsurge in rental rates in Florida; and WHEREAS, rents in Palm Beach County increased thirty-seven percent (37%) during 2021; and Coding: Words in sloe throttgls type are deletions from existing text. Words in underscored type are additions. 1 Page 1218 of 1276 1 YMEREAS, the current average monthly rent for a 2 -bedroom apartment has now 2 reached $2,355; and 3 WHEREAS, Part 11 of Chapter 83, Florida Statutes, commonly known as the "Florida 4 Residential Landlord and Tenant Aef' ("the Act"), applies to the rental of residential dwelling 5 units and sets forth the rights and duties of landlords and tenants; and 6 WHEREAS, the Act does not provide specific notification requirements for landlords 7 seeking to increase rental rates; and 8 WHEREAS, although some lease agreements contain provisions regarding increases in 9 rental rates, a landlord generally may not raise rent during the term of a lease; and 10 WHEREAS, therefore, a landlord will have to wait until the end of the term of the lease 11 to raise the rent and it is expected that notice of such will be provided in accordance with 12 termination notices set forth by law or in accordance with the lease agreement; and 13 WHEREAS, with respect to notices of tennination of tenancy, if there is a written lease, 14 Section 83.575 of the Act provides that the notice required to terminate a tenancy is no more than 15 60 days' notice; and 16 WHEREAS, where there is no lease, Section 83.57 provides that a landlord terminating 17 the tenancy should provide not less than seven days' notice to a tenant renting week -to -week, not 18 less than 15 days' notice to a tenant renting month-to-month, not less than 30 days' notice to a 19 tenant renting quarter -to -quarter, and not less than 60 days' notice to a tenant renting year -to - 20 year; and 21 WHEREAS, the Florida Legislature has not preempted local governments from enacting 22 ordinances requiring notices of termination of 60 days or less for tenancies with written leases 23 covered under Section 83.575, Florida Statutes; and 24 WHEREAS, according to court opinions and Florida Attorney General Opinion No. 94- 25 41, the Florida Legislature has not preempted local govermnents from enacting ordinances that 26 enlarge the notification period for tenancies without a specific term pursuant to Section 83.57 of 27 the Act; and 28 WHEREAS, the Attorney General concluded that such enlargement of the notification 29 period would be supplemental to the state statute, and compliance with such ordinance is possible 30 without violating Section 83.57; and Coding: Words in strike-thfough type are deletions from existing text. Words in underscored type are additions, 2 Page 1219 of 1276 1 WHEREAS, to assist renters, the City of Miami Beach, the City of Lake Worth Beach, 2 Miami -Dade Comity, the City of Royal Palm Beach, and the City of West Palm Beach recently 3 enacted ordinances that require 60 days' written notification be given by residential landlords in 4 those jurisdictions to their tenants prior to termination of certain tenancies and/or prior to 5 increasing the tenants' rent beyond a specified percentage; and 6 WHEREAS, this Board desires to amend the Palm Beach County Code of Ordinances to 7 provide 60 -day notification requirements for termination of tenancies with specific duration 8 under Section 83.575 and for certain tenancies without a specific term under Section 83.57 of the 9 Act; and 10 WHEREAS, this Board further desires to require that residential landlords in 11 unincorporated and incorporated Palm Beach County who propose to increase the rents of their 12 tenants by five percent (5%) or more shall provide such tenants with advance written notice of 13 such increase. 14 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 15 COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: 16 17 SECTION 1. Section 14-81 of the Code of Palm Beach County, Florida, is hereby 18 amended to read as follows: 19 Sees. 14 81 14 241. Reserved: 20 See. 14-81. - Authority. 21 This article is adopted under the authority of Article VIII, Section I(R) of the 22 Florida Constitution, Chapter 125, Florida Statutes. and Article 1 of the Palm Beach 23 County Home Rule Charter. 25 SECTION 2. Section 14-82 of the Palm Beach County Code of Ordinances is hereby amended 26 to read as follows: 27 See. 14-82. - Required written fair notice of termination of residential 28 tenancies with specific duration and certain tenancies without specific term; 29 written fair notice requirements for rental payment increases for residential 30 tenancies with specific duration and certain tenancies without specific term. Coding: Words in strike tko type are deletions from existing text. Words in underscored type are additions. 3 Page 1220 of 1276 1 (a) A landlord desiring not to renew a residential tenancy with a specific 2 duration as described in Section 83.575(1), Florida Statutes at the end 3 of its term shall give not less than 60 days' written fair notice of non - 4 renewal prior to the end of any tenancy. 5 (b) A landlord desiring to terminate a residential tenancy without a specific 6 term under Section 83.57(1) through (3), Florida Statutes shallgive no 7 less than 60 days' vnitten fair notice of termination prior to the end of 8 any tenancy. 9 (c) A residential landlord that proposes to increase the rental rate by more 10 than five percent (5%) at the end of a lease for a specific duration under 11 Section 83.575(1), or during any tenancies without a specific term under 12 Section 83.57(1) through (3), Florida Statutes, must provide not less 13 than 60 days' written fair notice to the tenant before the tenant must 14 either: 15 1) accept the proposed amendment, 16 2) reach an acceptable compromise; or 17 3) reject the proposed amendment to their tenancy. 18 If the required 60 days' written fair notice has been provided and the 19 tenant has not agreed to the Drowsed amendment or an acceptable 20 coMpromise, the landlord mayimpose the proposed amended term s� or 21 require the tenant(s) to vacate the residence in accordance with the lease 22 agreement and law. 23 (d) The written fair notices required by (a) through (c) above shall run 24 concurrently if a landlord provides both a notice to increase the rental 25 rate by more than 5% and, in lieu of tenant agreeing to such increase or 26 both parties reaching an acceptable compromise, a notice of 27 termination. 28 (e) The requirements of this Ordinance shall apply within incorporated and 29 unincorporated areas of Palm Beach County; except to the extent that 30 this Ordinance conflicts with a municipal ordinance, regardless of the Coding: Words in s4ni e tHrecr lr type are deletions from existing text. Words in underscored type are additions. 4 Page 1221 of 1276 1 time of passage of the municipal ordinance, or in the event that the 2 governing body of a municipality elects to opt out of this ordinance 3 within its jurisdiction. 4 (f) Except for the notice provisions set forth in subsections (a) through (c), 5 all other provisions set forth in Part 11 of Chapter 83, Florida Statutes, 6 as such may be amended, shall govern residential tenancies. 7 8 SECTION 3. Sections 14-83 of the Code of Palm Beach County, Florida, is hereby 9 amended to read as follows: 10 See. 14-83. - Enforcement. 11 (a) Palm Beach County Code Enforcement Officers and any other 12 enforcement personnel as authorized by the County Administrator are 13 authorized to enforce the provisions of this ordinance within 14 unincorporated Palm Beach County. 15 (b) The violation of any provision of this ordinance may be enforced 16 pursuant to terms and procedures in Chapter 162, F.S., Local 17 Government Code Enforcement Boards Act, as may be amended or 18 recodified from time to time. Pursuant to Section 162.09(2)(d), Florida 19 Statutes, the Palm Beach County Special Master may impose fines that 20 shall not exceed one thousand dollars ($1,000.00) per damper violation 21 for a first violation, five thousand dollars ($5,000.00) per day per 22 violation for a repeat violation, and N to fifteen thousand dollars 23 ($15,000.00) per violation if the Palm Beach County Special Master 24 finds the violation to be irreparable or irreversible in nature. In 25 determining the amount of the fine, the Palm Beach County Special 26 Master shall consider: 27 1) Thegravity of the violation; and 28 2) Any actions taken by the violator to correct the violation, and Coding: Words in strAae- type are deletions f5torn existing text. Words in underscored type are additions. 5 Page 1222 of 1276 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3) Any previous violations committed by the violator. (c) In incorporated Palm Beach County, this ordinance shall be enforced by any municipal code enforcement officers or any law enforcement agena having jurisdiction of the area within which the residential tenancy at issue is located pursuant to Section 125.69 and Chapter 162, Florida Statutes, or any applicable municipal code enforcement provision. SECTION 4. Sections 14-84-14-241 of the Code of Palm Beach County, Florida, are hereby amended to read as follows: Sees. 14-84-14-241. - Reserved. SECTION 5. If any section, subsection, paragraph, provision, sentence, clause, phrase, or word of this ordinance is held unconstitutional, inoperative, invalid, or void, such holding shall not affect the remainder of this Ordinance. SECTION 6. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Palm Beach County, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to ??section", "article", or any other appropriate word. SECTION 7. This Ordinance shall take effect immediately after its adoption. APPROVED and ADOPTED by the Board of County Commissioners of Palm Beach County, Florida, on this the _ day of 120 JOSEPH ABRUZZO, CLERK PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Robert Weinroth, Mayor Coding: Words in strife tkrattgh type are deletions from existing text. Words in underscored type are additions. 6 Page 1223 of 1276 1 APPROVED AS TO FORM AND 2 LEGAL SUFFICIENCY 3 4 By: 5 -�L-County Attorney Coding: Words in strike direug type are deletions from existing text. Words in underscored type are additions. Page 1224 of 1276 13.D. Future Agenda Items 9/22/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 9/22/2022 Requested Action by Commission: Discussion of draft height regulations.- October 18, 2022 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type 1[':L.J1tE) :> ttach irTIENI'lt Description I lIE)igh t Workshop I liir':L.aitEss I lIE)igh t Workshop IFlir'E)SE)ir tatioin Page 1225 of 1276 Minutes of the City Commission Workshop Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Saturday, June 25, 2022, at 10:00 A.M. Present: Mayor Ty Penserga Vice Mayor Angela Cruz Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Kathryn Matos, Assistant City Manager Mike Cirullo, City Attorney Maylee De Jes6s, City Clerk Mayor Penserga called the meeting to order at 10:08 A.M. Roll Call City Clerk Maylee De Jes6s called the roll. A quorum was present. Invocation by Mayor Penserga The Invocation was given by Mayor Penserga. Pledge of Allegiance to the Flag led by Mayor Penserga Mayor Penserga led the Pledge of Allegiance to the Flag. Agenda Approval: Additions, Deletions, Corrections Mayor Penserga added Public Comment after Item B. 2. Adoption Motion Commissioner Turkin moved to approve the agenda as amended. Vice Mayor Cruz seconded the motion. The motion passed unanimously. B. As requested by the City Commission, staff has prepared a presentation to review relevant information regarding building height. The presentation includes a review of the history of height regulations and redevelopment planning efforts within the City, the City's current height regulations, a Page 1226 of 1276 Meeting Minutes City Commission Meeting Boynton Beach, FL June 25, 2022 height comparison, factors for consideration when changing height standards and examples of possible changes for discussion. Amanda Radigan, Planning and Zoning Director, introduced the topic of building height, and the workshop agenda. She spoke about the factors that shape a City: size, population, history, existing "fabric", and socio-economic factors; redevelopment visions and goals; economic development goals; dimensional standards; transit -oriented development (TOD); and principals of a successful TOD-Regional Transportation Authority (RTA). She explained the Geographic Organization of Boynton Beach and showed a map with the main arteries of the City. She spoke about the redevelopment planning since 2000, including the Public Workshops and updates that were given regarding the LDR's and the CRA Plan. She explained the current height regulations: land by height. She showed maps in regard to buildings and communities that are 55 feet and below, and the ones that are up to 150 feet. She explained the current regulations: height limitations by zoning district. She talked about height comparison with municipalities that are within Palm Beach County. She further explained each of the following municipalities' height limitations: Jupiter; Delray Beach; Palm Beach Gardens; Boca Raton; and Boynton Beach. She spoke about the height comparisons of Deerfield; Downtown West Palm Beach; and Pompano Beach. She explained the considerations for the Commission: Economic Development Considerations (TOD); impacts on housing affordability; is a TOD and a rail station site desired; station area goals and employment goals; and the compactness. Michael Cirullo, City Attorney, explained the legal considerations for the Commission. He spoke about the following: amending a comprehensive plan, Florida Statute 163.3184; Development Regulations, Florida Statute 163.3202; zoning in Progress - Smith v. City of Clearwater, 383 So.2d (Fla 1980); Moratorium WCI Communities v. City of Coral Springs, 885 So.2d 912 (Fla. 4t" DCA 2004); property rights; Bert J. Harris Jr. Private Rights Protection Act, Florida Statute 70.001; and examples of potential Bert J. Harris claims. Ms. Radigan went over examples for discussion: Example A- Lower height maximum of MU -C from 150 feet to 85, and from 100 feet to 80. She explained the considerations for Example A. She spoke about Example B- lower height maximum of MU—C from 150 feet to 110-149 feet. She explained the considerations for Example B. She spoke about Example C- make no changes to LDR's; Amend downtown District portion of the CRA Plan; Reduce proposed intensity on select parcels; MXH (150 feet) to MXM (75 feet) or MXL (55 feet). She explained the considerations for Example C. She spoke about Example D- Make no changes. She explained the considerations for Example D. Kathryn Matos, Assistant City Manager, explained that there are technical difficulties happening, and that there are issues with comments by virtual guests. She provided her W Page 1227 of 1276 Meeting Minutes City Commission Meeting Boynton Beach, FL June 25, 2022 email to the remote audience and invited them to send their comments so she can read them into the record. Commissioner Turkin thanked Ms. Radigan for the presentation. He asked if the dwelling units near the TOD includes existing structures. Ms. Radigan responded yes and outlined the additional units, if all the planned projects are constructed and built as planned. Commissioner Turkin asked if Boynton Beach is competing with Delray Beach for a TOD station. Ms. Radigan responded that she wouldn't say that we are competing but cannot speak on whether the RTA would put a station in both Boynton Beach and Delray Beach. Commissioner Turkin asked if there can be language crafted to allow for site plans to continue. City Attorney Cirullo explained how the City could continue to allow for site plans. He explained development standards and tradeoffs, to offset height differences. Commissioner Turkin said that he preferred Example A as a resolution. Commissioner Kelley commented that she feels like there are few vacant parcels left, and that she likes the idea of restricting individual parcels without having to go through a complete height restriction. She thanked Ms. Radigan for her presentation. Vice Mayor Cruz mentioned that she would still like to speak to Ms. Radigan in regard to this. She stated that she is concerned with traffic, and legal takings of properties. She stated that she would potentially be in favor of amending the CRA Plan but would like to educate herself further before deciding. Mayor Penserga stated that this is a fascinating topic and more complicated that he thought. He explained that in regard to competing, we are going against all other downtowns. He said that there are concerns of traffic, and when you live close to a restaurant, it is walkable and easier to get to. He asked why some places are not taking advantage of the full height allowed right now. Ms. Radigan explained why it might not be advantageous for a business to go to the full height allowed. Mayor Penserga asked how Floor Area Ratio (FAR) is calculated. Ms. Radigan explained how FAR is calculated and the minimums. She further explained the setbacks and step backs, and everything that is included. 3 Page 1228 of 1276 Meeting Minutes City Commission Meeting Boynton Beach, FL June 25, 2022 Mayor Penserga gave an example and asked about property rights. He summarized what their options are: tall and skinny or short and fat structures. Vice Mayor Cruz stated that she would like to find a way to find green space without taking someone's property. Mayor Penserga asked for clarification on the term "taking." City Attorney Cirullo explained what it would mean by the City taking a property. He explained that they also have to go through steps, and everything is really fact specific. He spoke about what the best and right steps are, instead of speculating. Vice Mayor Cruz spoke about moratoriums. She asked if the City wanted to establish one, what would be the steps and how long would it be. City Attorney Cirullo explained what the process is, identifying what the goal is, getting recommendations from the Planning and Zoning board, it would go as a public hearing at two Commission meetings, and then figuring out how long the moratorium should be, while reviews are being done. He stated that a moratorium is usually 3-6 months. Vice Mayor Cruz asked if it would pause any projects being approved. City Attorney Cirullo responded that it depends on where they are at in the process. He stated that it depends on what the Commission would like to do. Commissioner Turkin stated that the City has options, and he explained what people in his district would like to see in the downtown area. He said that we don't need height to be successful and offered that this is a way to be proactive, not reactive. Commissioner Kelley commented that it seems like we are asking for updates on where the City is in regard to drainage, infrastructure, road maintenance, utilities projects, and what's upcoming for our downtown. Mayor Penserga asked staff what the role of development projects in infrastructure is. Ms. Radigan explained concurrency and existing issues that the City has. She stated that any development that is approved has to be mitigated by that property, such as utilities, and traffic. She explained the TCEA, and that it is generally in the downtown areas. She spoke about the Transportation Mobility Plan, and how we can move people in different ways and not just cars. C. Public Comments E Page 1229 of 1276 Meeting Minutes City Commission Meeting Boynton Beach, FL June 25, 2022 Susan Oyer, 140 SE 27th Way, Boynton Beach, explained the voting history of the City in the 1980's. She spoke about keeping the height low. She spoke about drainage. Evangeline Ward stated that economic development means more Police, more schooling, and not being able to get around easily. She said that the City residents needs to be able to feel safe. She said that we need to be practical about what we're thinking about doing. Thomas Ampliss stated that he came to Boynton Beach to get away from all of the traffic in Boca, and that we are turning into Boca. He stated that we need to look at the long- term goals. Mara George explained that there was a plan that was passed a long time ago because of Al DeMarco. He said that there has been good and bad growth, but we need to get back to smart growth. He stated that we have great staff that looks at everything before it moves forward, and he commended staff. Christy Ward spoke about housing affordability, and how cost of living has gone higher. She said that we need to fix what we have now. She stated that we need to count the cost of this, how it will affect us, and who are we trying to attract. Michael Weiner, spoke about traffic, building volume, canyonization, compatibility, other municipalities and their cost. He said that it is not going to wreck Boynton. Cortland McGuire, 506 Whispering Pines, Boynton Beach, spoke about wanting a vibrant downtown and what it looks like. He commented on projects that are upcoming, greenspace, and rail stations. He suggested hosting another workshop. Mike DeBose spoke about trying to meet the needs for a train station. He commented that he has sent listings of properties to developers, and nobody is interested because of the red tape that Boynton already has. Tyler Knight stated that he understands why having a 4 -story building would exacerbate the downtown. Jim Knight explained that a long time ago people were against Walmart, but it was built and is great for the community. He spoke about limiting ourselves to rental products. He said that Delray is better for TOD. Bill Morris commended staff for the presentation. He commented about density in Delray, and smart growth. He stated that this City is looked upon favorably and to think about not doing a moratorium. He thanked the Commissioners for their service. He discussed historical points about Boynton Beach. He spoke about the Fire Department. Virtual comments were read by Assistant City Manager Kathryn Matos. Mayor Penserga closed public comments. Page 1230 of 1276 Meeting Minutes City Commission Meeting Boynton Beach, FL June 25, 2022 Commissioner Turkin asked about the LDR and if it was a change to the CRA Plan. Ms. Radigan explained the consolidated plan. She said that the original plan went up to 150 feet. She explained the changes that have been made over 20 years. Commissioner Turkin stated that we need to consider what we are voting on and mentioned that him and his neighbors do not want a train station in their backyard. He said that they have a lot to discuss and maybe another workshop meeting is needed, so they can go over their options. Commissioner Kelley thanked the residents that attended and staff. Vice Mayor Cruz stated that she wishes we would have had more residents. She stated that she will continue to speak with staff to see how we could best move forward. Mayor Penserga thanked everyone. 2. Adjournment There being no further business to discuss, the meeting was adjourned at 12:22 P.M. ATTEST: Maylee De Jes6s, MMC City Clerk no Page 1231 of 1276 11111111 1111111 1111111 111111 1111111 """""""' IIIIIIII "' "" IIIIIII'�` �� Jtvne 25, 2022 Page 1232 of 1276 Workshop Agenda 1 „ Factors that Shape a City ■ General Factors ■ Dimensional Standards ■ TOD 2. Boynton Beach ■ Geographic Organization ■ History of Revision to Height ■ Current Height Regulations ■ Height Structure & Distribution 3. Height Comparison ■ Delray Beach ■ Palm Beach Gardens ■ Boca Raton ■ Town of Jupiter ■ Boynton Beach 4. Considerations 5. Legal Considerations 6. Examples for Discussion Page 1233 of 1276 G�ity �����:� o 00 "Chat 00 0 00 • Size • Population • History, Age & Original Development Pattern • Existing `fabric' • Socio -Economic Factors • Income levels • Employment • Education • Access to Amenities (transportation, parks) r r rr Page 1234 of 1276 u�il �0W MEN • Economic Development Goals • Business viability • Attract new business, industry, or office • Creation of destinations • Housing affordability Il/,r V irrni ° riIIIEt i [ • Redevelopment Visions & Goals • Longevity of redevelopment efforts "am� • Downtown orTOD vision • Economic Development Goals • Business viability • Attract new business, industry, or office • Creation of destinations • Housing affordability Il/,r V irrni ° riIIIEt i [ 1tr 51"-', Page 1235 of 1276 Sha�pe l"Chaitl G�ity VIII liiii iiurn iiir° iiir° VIII � t&rW&rds WoiiidkVIII6geIIllwir4 • Height • FAR (Floor Area Ratio) • Uses • Density • Setbacks & Step backs HeIght, Step backs, ky m"J", Ih, b !I'irg evl W-, inoJ�nvie Rets! NdrUn- Cwrbl-,> St, Figure 36: Ocean Ave. Design Diagram 1.0 FAR 1 Story 2 Stories 4 Stories F' R 2.0 FAR 2 Stories 4 Stories 8 Stories 541 l , � l i l l l Im III, II it iri liil° iir4liii iirvtedIllll lull 111 iiur iiia VIII VIII Developed in the early 1990's by Peter Calthorpe ■ Environmental sustainability movement ■ Goal is to reduce dependence of cars and creates low carbon lifestyles ■ Organize growth on a regional level to be compact and transit -supportive ■ Place commercial, housing, jobs parks, and civic uses within walking distance of transit stops ■ Create pedestrian -friendly street networks that directly connect local destinations ■ Provide a mix of housing types, densities, and costs ■ Preserve sensitive habitat, riparian zones, and high-quality open space ■ Make public spaces the focus of building orientation and neighborhood activity �1 l ������ II, til »a ,,�,�r�mi��1f`�•< ' »»»»ma»>u,�///%////�l'';, r�Krrrr�����7r�l��s. ,��%�1�111��'��� /"' ��lll�ll ad�u 541 l , � l i l l l Im III IIIIIIII" VIII VIII of i micesshfl VIII IR IA IIRlegiii (:)una Authority In I I IIuy I tI;,I uu —I with vBlr Ilr,fil 4If (roar iiiq a comp r t mallI, dlstn r RID by„.0 I AltI or rl t,velarpo�rfF 1 Iay thltn th� —I r nru nrtyrly _I ,r7 with frrpglr •st d,IY,it I'm :aLei rf r; rSI to I I 1 , , ilan I, It It,,uiu Ii. P I I aq h cr&I i, I ns uia rr-e Iriz I I itby ProvId lng ,r, trmIar 1 ran I.,anrl,I ate .n a, Irvc Pla, M w IE~Iaeory alra vvanu to h”, 'rt CarI I( ,"ti a inay , nu✓ of lanlrk Il ,ljWt ,, all lnWIesuenq l Ia, vv It h d rnIlcty ,f,d<tIII r tions a "will pr P,,oIe uo I(ve, work, d'dp,yIrlPthl IcII,I)I A t In Sl ,u p o Y'V IIv' nl Il I, ri IIII e I It II lIII Ipw u f Ir IdI. Ial6 rn n r I,=I IIr'i sw v 11 , e urlaII,y In arl1, aI I ,# I, I IUrII a,, Iayrnre t I •, shaau I I,v Ioai rl du,oi aau rv,it. peo P1 i vvlI[ t rrq var walI!k fr 1V I her I, p"tToII eir11loly , is I-Iy It )I IsIL trips rt,and, id, with a pnr rdetI r I'll n T I (It l un I ni It, 1,0 u It y Iedll<IVtlq nI It f[Tr Rpt, r,I v, a<t1V Itgl (J t1 o GTI I w 11 il a<Uv, q u1d BI<+ar I ,I n,N ,rl llu J arr Ih• soca fer)f It wund -, awl mr I" rI(Ialtf Ctul,ll I,^ortuwI, II4t11tIII p AI Parr d aynnrr hql11) c¢x rar�, rurofiroa rl l�p, wlastrian err✓un rneI I I Ii,fil led„alnl i I eatr, to 11 IIUtlr rfhedy(AI(,rh y IrwIItIpIr. a I Nact utrrsa al re,lf IP; frau pI”, I r4VII a I, I, I fw qu sent it l<, I rvav tI tuh by IIuIrI,ghI (I,III ('I nIIitI f<voII, H I& I 1rr-inI)Iof1I r„ anV t suvltv IIIprl, I allo runlole nuty < th rrl :uq M, r h"",e. in ypaihe.Ir rliet" A co[ aar ,rtfvry a rver 1IIit^naafi I by l.I an nllurp r I C, I.r dIr1t t r.�rlIr 1 ulIaw el7allvlrllaall p tr pry, ts. Page 1238 of 1276 frt Ilndarrt Ind lIoxPerlolive I king rrwti l:', p,"opletro dll uatheit1ranuI',; trailIspt. pay t rc rtmn q s r 1, nr.ralayccd pr rrking lq pP y and nrrrv,nq puking from ,lu fla, yr anxrlancl o1,, to <.rl ,trvfoBt Ir,lrllnrpInd sulueuw-,r ,rents, Ili lrllter, aln �mpbyer, are Inr ,lllr,l,yed I( u-transrt%mil I,wa4Itul" I hey ;Id, ffrat.n d.="[fil allon. Bhl,,p I1111c,-,nt rnI tl" 6crla^V1(or tl ,k, re d II,, P I rmle ^r I, I,, w1111naq r r :,,Inn 111 rime ,IIIb urI ,Ifs y lb11, et -i �Ihudlp (, n,=e rII fr< ( I I wh in a swan oui area I heir q doothnpcdihv gli,iwt flt lIlegpm^ )fitl('station ,rr_=a. A ,, allllalhowtlw and eln,Ih Ilncq al,lurowlIt- wilh tl1'Ie use of urw n"'w'llivlt look in C.orYlB'I'in"I1t surd enh,t.rrc epimii un5q r llwts mok,,,f+ar m, +,,fal blip f "nvenrafl"ll Workshop Agenda 1. Factors that Shape a City 3. Height Comparison ■ General Factors ■ Delray Beach Dimensional Standards Palm Beach Gardens ■ ■ Boca Raton ■ TOD 0 Town of Jupiter ■ Boynton Beach l3oynton Il each 4. Considerations ■ Geographic Organization ■ History of Revision to Height 5. Legal Considerations ■ Current Height Regulations ■ Height Structure & Distribution 6. Examples for Discussion Page 1239 of 1276 n GeographicOrganization Geographic Organization: 1-95, CSX, FEC railroad, Federal Hwy. 1-95 access from Boynton Beach Blvd Direct access to beach from Ocean Ave. Defines: • Activity nodes • Unique corridors • Distinct districts Page 1240 of 1276 Geographic rgn ii i � �u n ui Geographic Organization: 1-95, CSX, FEC railroad, Federal Hwy. 1-95 access from Boynton Beach Blvd Direct access to beach from Ocean Ave. Defines: • Activity nodes • Unique corridors • Distinct districts 1. Industrial Craft District 2. Boynton Beach Blvd District 3. Downtown District 4. Cultural District 5. Federal District (North & South) 6. Heart of Boynton District 10 Geographic Organization d 4 Page 1242 of 2000: Maximum height was 100'& maximum density was 40 2000: Public Workshops held for Federal Hwy Redevelopment Plan 2001: Federal Hwy Corridor Community Redevelopment Plan Adopted 2002: LDR Update - Original MU -H and MU -L were adopted. First adoption of heights to 150' per recommendations of FHCRP 2004: LDR Update - SMU (Suburban Mixed Use) was adopted and included heights from 55' to 75'. 2006: Boynton Beach Blvd Corridor Plan expands Mixed Uses to Boynton Beach Blvd. Page 1243 of 1276 4f- ;,,,,, ---------------- 2005: Public Workshop for Federal Hwy Plan Update 2006: Update to the Federal Hwy Corridor Community Redevelopment Plan adopts 2006: LDR Update - Split Mixed Use Zoning Districts into four Districts (MUL-1, MUL-2, MUL-3, MUH), per recommendations of FHCRP 2016: Public Workshops for CRA Consolidated Plan 2016: Consolidated CRA Plan is adopted. Consolidates all CRA Plan Recommendations into a single document. 2016 & 2017: LDR Update to further breakdown of zoning districts (adds MU -4) for distribution of density and height, per consolidated CRA Plan recommendations. Page 1244 of 1276 Mao 7.1 55' aind lbellow Boynton Beach Blvd. Boynton Beach Blvd. gage 1246 of 1276 55' aind lbellow Boynton Beach Blvd. gage 1247 of 1276 Workshop Agenda 1. Factors that Shape a City I Ilhlleii ht Comparison ■ General Factors ■ Delray Beach Dimensional Standards Palm Beach Gardens ■ ■ Boca Raton ■ TOD 0 Town of Jupiter ■ Boynton Beach 2. Boynton Beach 4. Considerations ■ Geographic Organization ■ History of Revision to Height 5. Legal Considerations ■ Current Height Regulations ■ Height Structure & Distribution 6. Examples for Discussion Page 1249 of 1276 Ln Size (Mj2) Population TOD / Downtown Jupiter 23.12 61,000 60' Preserve Village Intel Delray Beach 16.52 67,000 85' Conserve 'historic' Atlantic Ave Boynton Beach 16.57 80,000 150' Create a destination / Downtown / TOD Palm Beach Gardens 59.34 59,000 150' - Boca Raton 31.59 96,000 160' Pompano Beach 24.69 110,000 210' Increase housing/ Attract Industrial Business Deerfield Beach 16.22 80,000 — West Palm Beach 57.98 117,000 308' Emphasize an urban core w/ transit ool 000l 000 o000 000 it - i i� r fi ui u � �"I"� II�� II ui � II(Mixed II R, , , .� � (Chp 4. Art 4.4. Sec 4.4.29. G.2.f) Erol:, "1�m 01 r �,'y,� , � ' I.J lii iiu ° n iiuCommercial ' (Chp 4. Art 4.4. Sec 4.4.9. F.3.e) A 38%. 'i[� -i l s rwIMain t.' 38 Atlantic Ave for fronting parcels ur " (Chp 4. Art 4.4. Sec 4.4.13. D.1.a) ��] l Ir �r ti lii /i r t p i Height exceptions — architectural features, rooftop 7biNt of (� 2 HigWand apparatuses, parapets ... --�-• ~— .y.._� m°�_._, �' i �c:r' � Page 1251 of 1276 1 li tl lig iii employment overlay (Sec 78-157.h.3) II Most other ii district's is iii is City Council Fleight Waivers it Planned n III)"" Il IIS n °s Page 1252 of 1276 JA ,Md , „ , , J 140'down'town ofliabitable IIplus 20'nan h Ib lig° Ib IIS (Ord. No.4035 — The Downtown Development Order. Section 2.5.d.1a) 85'FlID &FlIanned bb lig IIS lig° (Art XI II. Div1. Section 28-1723) (Art XI II. Div7. Section 28-1251.5) lii IIS IIS Center � ii (Art XI II. Div7. Section 28-1244) b„AGli,� „nu Page 1253 of 1276 EM IIndiantown Overlay 6. ) °II° 15) (Chp 27. Art VII. Sec. 27.1527) (Chp 27. Art VII I. Div 1.Subdiv D. Sec. 27.1641) Planned Districts 6. ) °II° 15) (Chp 27. Art VII. Sec. 27.1527) (Chp 27. Art VII I. Div 1.Subdiv D. Sec. 27.1641) .1. 85'IMedical Center ° � II District (Chp27. Art VI. Div15. Section 27-964) of 1276 100'.� II U- -4 WSW (-iii ' [fapproved) Boynton n IIS° Ih Mall Congress . Elistrict Page 1255 of 1276 Deerfield IPlanned Districts standards. Downtown WRB 110 .1. 25 s n it li es (125'.1-308 IIFlampanoBeacli 105'ar2 ' s IIS � ii e r e ss IIprovisiani Page 1256 of 1276 Workshop Agenda 1. Factors that Shape a City 3. Height Comparison ■ General Factors ■ Delray Beach Dimensional Standards Palm Beach Gardens ■ ■ Boca Raton ■ TOD 0 Town of Jupiter ■ Boynton Beach 2. Boynton Beach .„ Cnsiideratiins ■ Geographic Organization ■ History of Revision to Height 5. Legal Considerations ■ Current Height Regulations ■ Height Structure & Distribution 6. Examples for Discussion Page 1257 of 1276 Economic Development Considerations (TOD) ■ Rooftops needed to make business viable ■ Rooftops & Jobs needed to establish commuter rail station ■ Land Value ■ Tax Base ■ Operational Value ■ Construction costs Impacts on Housing Affordability ■ Supply and Demand Page 1258 of 1276 Is a TOD and a rail station site desired? Station area goal is 3,000 to 5,000 total residential units within TOD Station area employment goal: 12,000-18,000 (FDOT TOD Study & SFECC) Compactness Higher units/height/FAR in small area OR spread out along larger area �r l Nalk Cycle Connect Transit u nflpW I Pfluvd1ple 2 prinCiplln 3 Prindpin 4 ,points gpoin[srg groin[, TOG Rop,Wirwarorw+.nt of trrd Al" l"M, f(11 r �! 4':A""" :l e rig rf, vauve¢m J'1 �, w9 v4P K t a ii II of tti r rp. Mix a sify Compact 5IIIflft Prindple 5 Principle Ce Pr'iundpte 7 111,11,htdjjile a as p00' ag r',mints e8 p-0, '. p+iM, nape Ycvr rtp..'i'ne TAJ9SYdrntlanm Pfia4oi titwtlrtu hM T.*dµlarWit®,�ntl ur�xappiva ul Vbl6y tl4Wllr. htJyr .,r(wrvnw..ildp.elle /I bra VletrvtP�PrWx-aPd- b rtl .9fArarvxi4r� tt+d a}a M.P,p ' yanol l'P y/whuc-is^1 tart/. Page 1259 of 1276 Workshop Agenda 1. Factors that Shape a City ■ General Factors ■ Dimensional Standards ■ TOD 2. Boynton Beach ■ Geographic Organization ■ History of Revision to Height ■ Current Height Regulations ■ Height Structure & Distribution 3. Height Comparison ■ Delray Beach ■ Palm Beach Gardens ■ Boca Raton ■ Town of Jupiter ■ Boynton Beach 4. Considerations 5.. Legal Considerations 6. Examples for Discussion Page 1260 of 1276 M ■ By ordinance, two public hearings by City Commission ■ Requires review by Local Planning Agency — Sec 27-89 code designates the City Commission as fhe City's local' planning agency Ameinduing a ■ Notice requirements for hearings as set forth in this statute Compireheinsive Plain■ First Public Hearing: Transmittal Hearing ■ Amendment transmitted to reviewing agencies (County, §163.3184 state) ■ Once review complete returns to City ■ Second public hearing: Adoption Hearing ■ Small Scale Land Use Amendment, generally less than 50 ac. and no text amendment adoption process differs (only requires one public hearing) Page 1261 of 1276 30 Intended to implement the adopted Comprehensive Plan: Development l • • development r-• • •specificand f l detailed provisions necessary or desirable to • - adopted comprehensive • . §163.3202 Must be consistent with Comprehensive Adopted pursuant to ordinance after review by local planning agency. Section 27-89 designates the City Commission as the City's local planning agency Page 1262 of 1276 31 ■ Unless a change in zoning code is pending at the time of application, the applicant can rely on the code in existence at the time of the application. ■ If a zoning code is pending at the time of application, the City Zoningin Progress can require the applicant to comply with the new code. Sirnii-th v. City of Clearwater, ■ Pending does not require City Commission discussion or 383 So.2d 681 (Fla. 1980) action, but rather active documented steps by city staff authorized to do the work that would result in the zoning change. ■ City Code provides a formal process for Notice of Intent to change the land development regulations Chapter 1, Article IX, City's Land Development Regulations ■ Zoning in progress does not apply to proposed changes to Comprehensive o2Plans. 32 of Coral Spirfings, 885 Sold 9,12 (119a. 4th IIE)C 0 ■ Valid PlanningTool to reserve status quo while developing nw reguldtions ■ No emergency required ■ Mu t be of limited duration, limited to time needed to study and adopt changes ■ Must be for proper purpose: "concern about the effect of the ,�ro sed dbveloprm nt on traffic, on�con gstion, on and-on�o�tini rpas�ectys ,?It sgenedepwelfa er,,ity services, ■ Most be adopted usingthe more formal ordinance adoption process of Wo public hearings. ■ Florid Courts �ar lienglh ;bjr2erg g)iz 4gnize r ahit"�8F�ygpropriate l/ 9U �menn co re Y Page 1264 of 1276 33 IR ro e rty Illi g hts When a specific action of a governmental entity has inordinately burdened an existing use of real property or a vested right to a specific use of real property, the property owner of that real property is entitled to relief, which may include compensation for the actual loss to the fair market value of the real property caused by the action of government. Each bolded term is specifically defined in the statute Page 1265 of 1276 34 IIf;;;;' a im plies of potentliall IIE ert J Ilhlards cllalii Altering zoning to eliminate a permitted use Ocean Concrete, Inc. v. Indian River County, 241 So.3d 181 (Fla. 4t" DCA 2018) Comprehensive Plan Amendments that by their terms apply to specific properties Hussey v. Collier County, 158 So.2d 661 (Fla. 2nd DCA 2014) Government inaction, such as a failure to rezone properties, held not to provide a BJS claim. Boca Center at Military, LLC v. City of Boca Raton, 312 So.3d 920 (Fla. 4t" DCA 2021). Page 1266 of 1276 35 Workshop Agenda 1. Factors that Shape a City ■ General Factors ■ Dimensional Standards ■ TOD 2. Boynton Beach ■ Geographic Organization ■ History of Revision to Height ■ Current Height Regulations ■ Height Structure & Distribution 3. Height Comparison ■ Delray Beach ■ Palm Beach Gardens ■ Boca Raton ■ Town of Jupiter ■ Boynton Beach 4. Considerations 5. Legal Considerations 6.. IIEE' aim plies for Discussion Page 1267 of 1276 f/ 1 Example A Lower height maximum of MU -C from 150' to 85 Lower height maximum of MU -4 from 1 00'to 80 Considerations F Maaamnn M=aaaauEiiimm 2=0)MOnmm�am�mm�u,,,mn„���an,,,,,,,,,,,,,,,,,,,,,,,,aas�iiiinn,,,,,,,,,,,,aaaaan��mn„mn,,,,,,,,,,aaaaaaaaa,,,,,,i��iiiinn,,,,aaaaaaaaa,,,,,,,,,,,m�,m�,uaaaaaaa,,,,,,,,,,,,,,,,,aaaaaaaaau 1. Most projects have been built/ approved considerable lower then the permitted 150' 2. Minimal impact as much of land area is developed and/or has approved plans / vested projects 3. Property owners within MU -C and MU -4 may consider the reduction a taking. 4. Approved and built projects (Casa Costa, Villages at East Ocean, Marina, Ocean One, Riverwalk) may be construed as legally non -conforming. This may lead to lending problems, issues rebuilding after damage, and may be perceived as a taking. 5. Language can be crafted to counter some of these effects. 6. Can be done via LDR amendment/ Ordinance Page 1268 of 1276 f/ 1 Example B Lower height maximum of MU -C from 150' to 110'-149' Considerations 1. Most projects have been built/ approved considerable lower then the permitted 150' 2. Minimal impact as much of land area is developed and/or has approved plans / vested projects 3. Projects within MU -C may consider the reduction a taking. 4. Approved and built projects (Casa Costa, Villages at East Ocean, Marina, Ocean One) may be construed as legally non -conforming. This may lead to lending problems, issues rebuilding after damage, and may be perceived as a taking. 5. Language can be crafted to counter some of these effects. 6. Can be done via LDR amendment/ Ordinance Page 1269 of 1276 f/ 1 Example C • Make no changes to LDRs; • Amend Downtown District portion of the CRA Plan; • Reduce proposed intensity on select parcels; • MXH (150') to MXM (75') or MXL (55'). Considerations 1. Most projects have been built/ approved considerable lower then 150'. 2. Full block assembly of 115 Federal is proposed to be MU -C and at a height lower than 150' 3. MU -C is a compact area located within downtown and the TOD 4. MU -4 is a compact area located at the secondary node intersection and limited to four blocks. 5. Amending the proposed FLU removes potential density & height Page 1270 of 1276 f/fii; i � Example D Make no changes. Considerations 1. Most projects have been built/ approved considerable lower then the permitted 150'. 2. MU -C is a compact area located within downtown and the TOD 3. MU -4 is a compact area located at the secondary node intersection and limited to four blocks. Page 1271 of 1276 Quest���a���is mm uuui Page 1272 of 1276 13. E. Future Agenda Items 9/22/2022 Requested Action by Commission: Report on the status of infrastructure within the City, requested by Mayor Penserga - October 18, 2022 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1273 of 1276 13. F. Future Agenda Items 9/22/2022 Requested Action by Commission: Additional homestead for low income seniors, requested by Mayor Penserga - October 18, 2022 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1274 of 1276 13.G. Future Agenda Items 9/22/2022 Requested Action by Commission: Draft Ordinance on Civility & Decorum - October 18, 2022 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1275 of 1276 13. H. Future Agenda Items 9/22/2022 Requested Action by Commission: Continued discussion regarding a potential park in Leisureville and creating a Restrictive Covenant on this parcel, requested by Vice Mayor Cruz.- January 2023. Explanation of Request: How will this affect city programs or services? Fiscal Impact: There is no fiscal impact to the budget, for this item. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1276 of 1276