Agenda 12-10-24BOYNTO'' '
=BEAC
COMMVNITY
Community Redevelopment Agency Board Meeting
Tuesday, December 10, 2024 - 6:00 PM
City Hall Chambers, 100 E. Ocean Avenue and Online Meeting
561-737-3256
AGENDA
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Roll Call
5. Agenda Approval
A. Additions, Deletions, Corrections to the Agenda
B. Adoption of Agenda
6. Legal
A. Continued Discussion and Consideration of Procedure Regarding Special and
Emergency CRA Board Meetings
Continued Discussion and Consideration of Temporary Use Agreement with OHLA
USA, Inc. for the Use of CRA Properties as a Construction Staging Area for the
Boynton Beach Complete Street Project
7. Informational Items and Disclosures by Board Members and CRA Staff:
A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA
Board on Agenda
8. Information Only
A. 2024 International Economic Development Announcement for the Bronze Award for
Economic Development Organization of the Year
9. Announcements and Awards
1
10. Public Comments
The public comment section of the meeting is for public comment on items on the consent
agenda or items that are not on the agenda. For items on the agenda, the public will be
given an opportunity to comment at the time each item is considered. Each speaker will
be given a total of three (3) minutes to comment; however the Board retains the right to
reduce the number of minutes prior to the start of public comment. Persons making public
comment may not assign or donate their public comment time to another individual to
allow that other individual additional time to comment; however, any persons requiring
assistance will be accommodated as required by the Americans with Disabilities Act. Prior
to addressing the Board, please go to the podium or unmute your device when prompted,
and state your name and address for the record.
11. Consent Agenda
A. CRA Financial Report Perioding November 30, 2024
B. Approval of the Purchase and Sale Agreement for 225 NE 9th Avenue
[fill 111�64 W111111411977 -W, 0=0 001
I;. Approval of the Commercial Rent Reimbursement Grant Program in the Amount of
$21,000 to Loveli Tea LLC located at 306 E. Boynton Beach Boulevard
Approval of the Commercial Property Improvement Grant Program in the Amount of
$35,000 to Loveli Tea LLC located at 306 E. Boynton Beach Boulevard
12. Pulled Consent Agenda Items
13. CRA Advisory Board
A. Pending Assignments- New Assignments from the CRA BoardAssigned at the
February 13, 2024 ofy Board Meeting
B. Reports on Pending Assignments
14. Old Business
A. Continued Discussion and Consideration of the Purchase of 323 E. Martinr
King, Jr. Blvd.
B. Discussion and Consideration of Circuit Transit Inc.'s Contract forOn-Demandr o ai rvics
C. MLK Jr. Boulevard Corridor Mixed Use Projectate (d/b/a Heart of Boynton
Shops)
D. Continued Discussion and Consideration of Searchforte New Executive Director -
TABLED 11/21/2024 UNTIL 12/10/2024
15. New Business
A. Discussion r Consideration of Executive Recruitment Firms for Executive Direct
Candidates - TABLED 11/21/2024 UNTIL 12/10/2024 1
Discussion • - ". r an " 11 for Design Services for
Boynton Harbor Marina Seawall
2
16. CRA Projects in Progress
MediaB. Social i Print Marketing Update
C. CRA Economic & Business Development Grant Program Updal
17. Future Agenda Items
18. Adjournment
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD 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 PROCEEDING IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CRA 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 CRA. PLEASE CONTACT THE CRA, (561) 737-3256, AT
LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY
ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S
WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDAAFTER IT IS PUBLISHED ON THE CRA'S
WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE.
3
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII,�00�U'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
LEGAL
AGENDA ITEM 6.A
SUBJECT:
Continued Discussion and Consideration of Procedure Regarding Special and Emergency
CRA Board Meetings
SUMMARY:
The BBCRA Rules of Governance, Section I.B "Meeting Procedures," provide: Board
meetings shall be conducted according to procedures enacted by the Board. In the absence of
Board -enacted procedures, Board meetings shall be governed by Roberts Rules of Order.
The current meeting procedures do not authorize special meetings unless approved at a
regularly scheduled meeting. A special meeting is a meeting that is neither a regularly
scheduled meeting nor an emergency meeting called to deal with an urgent matter.
The "Procedure Regarding Special and Emergency CRA Board Meetings" (see Attachment 1)
presented in this item would authorize calling a special meeting or an emergency meeting
subject to certain requirements. If adopted, the procedures would permit a majority of the CRA
Board Members to call for a special meeting between regularly scheduled meetings. The
procedures would also authorize the Board Chair, or if the Board Chair is unavailable the Vice
Chair, to call a special meeting or emergency meeting upon written notice served
electronically to each Board Member, or left at the Board Member's usual place of residence if
electronic delivery cannot be confirmed. This Procedure has been updated to include
definitions for the terms "emergency" and "unavailable" to provide further clarity and guidance
regarding when a special or emergency meeting may be called.
All official business conducted by the CRA Board must be conducted at a duly noticed public
meeting in compliance with the Florida Sunshine Law and in accordance with the
requirements of this policy and applicable Florida Law. The policy contains public notice
requirements in addition to the required notice to Board Members.
FISCAL IMPACT:
None
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan
CRA BOARD OPTIONS:
To be determined by the CRA Board.
4
ATTACHMENTS:
Description
Attachment I - Board Procedure for Special and Emergency CRA Meetings
Procedure Regarding Special and Emergency CRA Board Meetings
1. AUTHORITY:
The Boynton Beach Community Redevelopment Agency Rules of Governance, Section LB "Meeting
Procedures," provides: Board meeting shall be conducted according to procedures enacted by the
Board. In the absence of Board -enacted procedures, Board meetings shall be governed by Roberts
Rules of Order.
2. DEFINITIONS:
As used in this policy, the following terms shall have the following meanings:
"Unavailable" shall mean incapacitated, unable to participate, out of the office or state for longer
than 3 consecutive days and unable to participate by electronic means, or unreachable by ordinary
communications for 18 hours despite good -faith, reasonable efforts to make contact.
"Urgent matters" shall mean a generally unforeseen occurrences or set of circumstances demanding
immediate consideration by the Board to protect the public health, safety, or welfare or to mitigate
potential financial harm or liability, including, but not limited to recent or impending natural disaster,
threats of epidemics, and civil disturbances.
3. MEETING PROCEDURES:
All official business conducted by the CRA Board shall be conducted at a duly noticed, public meeting
in compliance with the Florida Sunshine Law and in accordance with the requirements of this policy
and applicable Florida Law.
A. Special Meetings. A Special Meeting is a meeting that is neither the regularly scheduled meeting
nor an Emergency Meeting. A Special Meeting may be called by a majority of the CRA Board
members at a duly noticed public meeting. A Special Meeting may also be called by the Board
Chair, or if Board Chair is unavailable the Vice Chair, upon written notice containing the purpose
of the meeting served to each Board Member via electronic delivery or by written notice left at
the Board Member's usual place of residence if electronic delivery cannot be confirmed.
B. Emergency Meetings. For urgent matters requiring immediate Board action, emergency
meetings may be called by the Board Chair, or if Board Chair is unavailable the Vice Chair, with
24 hours' notice or as soon as practicable upon written notice containing the purpose of the
meeting served to each Board Member via electronic delivery or by written notice left at the
Board member's usual place of residence if electronic delivery cannot be confirmed.
C. Notice of Meetings. The Notice for Special Meetings shall be published seven (7) days in advance
of the meeting, or as soon as is practicable, after the special meeting called for if such Special
Meeting will occur less than seven (7) days from the date it is called. The notice for the Special
4905-5956-2242, v. 1 6
Meeting shall contain the day, time, location and the agenda for the Special Meeting. If an
agenda is not available, the notice should include a statement of the general subject matter to
be considered. Notice of Emergency Meetings shall be published with the most appropriate and
effective notice under the circumstances and be subsequently ratified by the CRA Board.
4. EFFECTIVE DATE
This Board procedure was adopted by the Boynton Beach CRA Board by motion at the meeting of
4905-5956-2242, v. 1
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII,�00�U'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
LEGAL
AGENDA ITEM 6.13
SUBJECT:
Continued Discussion and Consideration of Temporary Use Agreement with OHLA USA, Inc.
for the Use of CRA Properties as a Construction Staging Area for the Boynton Beach
Complete Street Project
SUMMARY:
The BBCRA owns the properties located at 219 & 225 West Boynton Beach Boulevard and
212 & 222 NW 3rd Court (see Attachment 1). CRA staff was recently contacted by the
contractor, OHLA USA, Inc. (OHLA), for the Boynton Beach Boulevard Complete Street
Project to use these CRA properties as a staging area for various equipment and material
storage.
OHLA has agreed upon completion of construction to clean up the lot by removing invasive
tree species, disposal of existing pavement/concrete, site clearing/grading and placement of
sod. It was originally anticipated that construction would be complete in late 2025. On July 9,
2024, the CRA Board approved the Temporary Use Agreement (see Attachment 11).
At the November 21, 2024 Board meeting, OHLA requested relief from the CRA Board from
the requirement to install Perimeter Fencing with screening. The Board also discussed
OHLA's unauthorized removal of fill from the site. The Board determined that OHLA would
have 14 days to come into compliance; otherwise, a notice of default can be issued.
As of the date of this agenda publication, OHLA has not installed the required fence and not
provided the replacement fill. However, they sent an email to notify CRA staff that their
subcontractor would install the temporary fence on December 10, 2024 (see Attachment III).
FISCAL IMPACT:
N/A
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan - Boynton Beach Boulevard District
CRA BOARD OPTIONS:
1. Authorize CRA Interim Executive Director and Legal to send notice of default and pursue
contract compliance up to an including termination and eviction.
0
2. An alternative direction to be determined by Board.
ATTACHMENTS:
Description
• Attachment I - Location Map
• Attachment II - Temporary Use Agreement for Construction Staging FINAL
• Attachment III - OHLA Fence Email
0
0
r
BOYNTCYN BEACki COMMIL) Y A-EDEVELOPM. NTAGEfVUY
TEMPORARY USE AGREEMENT
This Temporary Use Agreement ("Agreement") is made by and between the Boynton Beach
Con unity Redevelopment Agency, a public agency created pursuant to Chapter 163, Part 111, Florida
Statutes, located at 100 E. Ocean Avenue, 4'h Floor, Boynton Beach, Florida 33435 (the "1313C12A") and
01 -ILA USA, Inc., a Foreign Profit Corporation whose principle office is located at 9675 NW H 7"'
Avenue, Suite 108, Miami, FL 33178 ("Permittee"). The BBCRA and Permittee may be described
individually as a "party" or collectively as the "parties."
WHEREAS, BBCRA is the owner of certain real properties in the City of Boynton Beach, Palm
Beach County, Florida, (the "Properties"), as described in Exhibit "A," which is attached hereto and
hereby incorporated herein; and
WHEREAS, Permittee has requested the use of the Properties in order to establish a parking,
staging, and storage of materials, on a temporary basis, for the FDOT SR 804 (Boynton Beach Blvd.;
From NW 3 d St. to US I (Federal Hwy) project (the "Project"), which is further described in Exhibit
11B," which is attached hereto and hereby incorporated herein; and
WHEREAS, Permittee has requested the use of the Properties and has provided a site layout for
the property which is attached as Exhibit "C," and hereby incorporated herein; and
WHEREAS, BBCRA is willing to allow the Permittee to use the Properties in accordance with
the terms of this Agreement; and
WHEREAS, the BBCRA finds the Project would further the goals of the 2016 Boynton Beach
Community Redevelopment Plan;
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10,00) and other good and
valuable consideration, the sufficiency of which both parties hereby acknowledge, BBCRA hereby
grants to the Permittee and the Permittee hereby accepts the use of the Properties upon the following
terms and conditions:
1) Incorporation. The recitals above and all other in -fon -nation above are hereby incorporated
herein as if fully set forth.
2) Effective Date and Termination. This Agreement becomes effective at the date and time the
last party executes this Agreement (the "Effective Date"). This Agreement will automatically terminate
on 10/01/2025, unless earlier terminated in accordance with the terms of` this Agreement. The BBCRA
may terminate this Agreement at any time by providing 90 days written notice to the Permittee. The time
period beginning on the Effective Date and ending upon the termination of the Agreement shall be
referred to as the Agree mentTer m.
3) Use of Properties; Limitations. BBCRA will allow Permittee to use the Properties for parking,
staging, and material storage purposes associated with the FDOT SR 804 (Boynton Beach Blvd.; From
NW 3" St. to US I (Federal Hwy) Prqject. Permittee may use the Properties only for such other
11
purposes explicitly permitted by this Agreement (such as altering the Properties), or approved in writing
by the BBCRA. Permittee will ensure the Properties are used only for parking, staging, and material
storage purposes associated with the Project, and will ensure that only Permittee's employees and
Permittee's subcontractors working on the Project use the Properties. Permittee may not list the
Properties, or any portion of the Properties, as Permittee's business address for any reason whatsoever.
Pernittee's obligations under this Agreement concerning indemnification, waiver, insurance, attorneys'
fees and costs, discrimination, public records, hazardous materials and waste, and compliance with
governmental regulations remain regardless of whether Permittee uses the Properties in a manner that
complies with the terms and provisions of this Agreement.
4) Term of Use. Permittee may use the Properties commencing on the day after the Effective Date
(the "Commencement Date"). Permittee will surrender the Properties to the BBCRA in compliance with
the requirements of this Agreement no later than 11:59 pm on October 1, 2025, or within 7 days of
termination of this Agreement, whichever occurs first.
5) Compensation. As compensation for use of the Properties, Permittee will pay BBCRA a total of
$10.00, and other good and valuable consideration. Permittee shall deliver the $10.00 to the BBCRA
within 7 days of the Effective Date in a form acceptable to the BBCRA.
6) Default. The failure of Permittee to comply with the terms or provisions set forth in this
Agreement shall constitute a default and breach of this Agreement. If Permittee fails to cure the default
within seven (7) days of written notice from the BBCRA, the BBCRA may terminate this Agreement
and is not required to refund any compensation or other consideration provided in exchange for
Permittee's use of the Properties.
7) Corporate Standing. Prior to using the Properties, Permittee will provide evidence of its
corporate good standing to the BBCRA.
8) Acceptance of Properties. Permittee certifies that it has inspected the Properties and accepts the
Properties "as is" for use in the Properties' existing condition as of the Effective Date of this Agreement.
Permittee shall prepare a preconstruction video of the Properties and provide it to the BBCRA prior to
using the Properties.
9) Alterations to the Properties. The Permittee shall not make or permit any improvements,
additions, modifications or alterations whatsoever to the Properties, without first receiving written
approval of the BBCRA Executive Director. Alterations may include the following, where both parties
agree such alteration is needed, and where such alteration occurs in accordance with the requirements of
the BBCRA and the City of Boynton Beach:
a. Construct a temporary construction entrance containing a 4" compacted aggregate to
stabilize the existing entrance/exit surface if there is no entrance; and/or,
b. Transition ramps to allow ingress/egress from the Properties where there are no access
drive -ways; and/or,
c. Additional grass seeding or alternative material for stabilization purposes.
Page 2 of 15
12
10) Silt & Perimeter Fencing. Within 14 days of the Effective Date, Permittee will install silt and
perimeter fencing around the perimeter of the Properties. After such fencing is installed, all parking will
occur within the fenced area only. No further written approval is required to undertake the obligations
described in this section.
11) Waste or Nuisance. The Permittee shall not commit or allow to be committed any waste upon
the Properties or any nuisance or other act or thing which may result in damage or depreciation of value
of the Properties or which may affect BBCRA's fee interest in the Properties.
12) Hazardous Materials and Waste. The Permittee shall not store, contain or dispose of any
hazardous materials or waste of any kind on the Properties. Permittee shall ensure that any vehicles
parked or stored on the Properties are in acceptable working condition and do not contain leaks that
would result in the contamination of the Properties. If any contamination of the Properties occurs as a
result of the Permittee's use of the Properties, Permittee, at its sole expense, will be responsible for and
will conduct any and all necessary studies and remediation to clean-up the Properties.
13) Compliance with Governmental Regulations. The Permittee shall, at the Permittee's sole cost
and expense, comply with all ordinances, laws, statutes and regulations promulgated by any and all
county, municipal, state, federal and other applicable governmental authorities, including the BBCRA,
now in force, or which may hereafter be in force, pertaining to the Permittee or its use of the Properties.
14) Maintenance of the Properties. During the Agreement Term, Permittee will keep the Properties
in good repair and will keep the Properties free from debris, refuse, and rubbish.
15) Surrender of the Properties. No later than 7 days after the termination of this Agreement, or
October 01, 2025, whichever is sooner, Permittee shall surrender the Properties to BBCRA. Prior to
surrendering the Properties.. Permittee, at its sole cost and expense, shall:
a. Remove all of its personal property from the Properties;
b. Remove all trash, rubbish, debris, and equipment, and any temporary improvements from
the Properties; and
c. Scope of work as described in attached Exhibit "B" for the agreed upon improvements of
the property.
16) Costs of Improper Surrender. If the Pennittee fails to remove any of the personal property
from the Properties, upon expiration of the Agreement Term, BBCRA may remove said personal
property from the Properties for which the cost the Permittee shall be responsible and shall pay promptly
upon demand. If the Properties are not returned in the same condition the Properties were in as of the
Commencement Date of this Agreement, with the addition of the required grassing, the BBCRA will
notify Permittee of any damage to the Properties and Permittee shall pay to the BBCRA all expenses
incurred by the BBCRA in repairing and replacing any damage to the Properties.
17) Liability Insurance. The Permittee shall, during the entire Agreement Term, keep in full force
and effect General Liability Insurance in an amount not less than one million dollars ($1,000,000.00) per
occurrence combined single limit bodily injury and property damage liability. The insurance must
Page 3 of 15
13
remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising
out of this Agreement and Permittee's use of the Properties. All insurance policies shall name the
BBCRA as Additional Insured. Such insurance shall be obtained from an insurance company licensed to
do business in the State of Florida, and is subject to approval by the BBCRA. A Certificate of Insurance
evidencing such insurance coverage shall be provided to the BBCRA prior to the Commencement Date,
and the Certificate of Insurance must indicate that the insurance provider will give at least thirty (30)
days prior notice of cancellation or adverse material change in coverage. The General Liability Policy
shall include the following coverage for Properties: Operations, Contractual Liability, and Broad Form
Property Damage Liability coverage. In no event shall the limits of said insurance policies be
considered as limiting the liability of the Permittee under this Agreement. In the event that the Permittee
shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by
the Permittee under this Agreement, BBCRA may procure same from such insurance carriers as
BBCRA may deem proper, and the Permittee shall pay, upon demand of the BBCRA, any and all
premiums, costs, charges and expenses incurred or expended by BBCRA in obtaining such insurance.
Notwithstanding the foregoing sentence, the Permittee shall nevertheless hold BBCRA harmless from
any loss or damage incurred or suffered by BBCRA from the Permittee's failure to maintain such
insurance.
18) Indemnification. The Permittee shall indemnify, save and hold harmless the BBCRA, its
officers, employees, and representatives from and against any and all claims, suits, actions, damages
and/or causes of action arising for any personal injury, loss of life and/or damage to property sustained
in or about the Properties by reason or as a result of this Agreement or use of the Properties by the
Permittee, its agents, employees, licensees, invitees, and members of the public generally, and from and
against any orders, judgments and/or decrees which may be entered thereon, and from and against all
costs, attorney fees (including those at the appellate level), expenses and liabilities incurred in and about
the defense of any such claim. In the event BBCRA, its officers, employees, or representatives shall be
made a party to any litigation commenced against the Permittee or by the Permittee against any third
party, then the Permittee shall protect and hold BBCRA harmless and pay all costs and attorneys' fees
incurred by BBCRA in connection with such litigation, and any appeals thereof. Nothing contained
herein shall be construed as a waiver of sovereign immunity enjoyed by the BBCRA, as provided in
Florida Statutes 768.28 as amended, or any other law providing limitations on claims. Permittee shall
indemnify, defend, save, and hold BBCRA harmless from any and all penalties, fines, costs, expenses,
suits, claims or damages resulting from the Permittee's failure to perform its obligations in this
Agreement, including attorney's fees and costs, which specifically includes fees and costs incurred at the
trial and appellate levels.
19) Waiver. The BBCRA will not be responsible for any property damages or personal injury
sustained by the Permittee, Permittee's employees, or Permittee's subcontractors from any cause
whatsoever related to the Permittee's use of the Properties, whether such damage or injury occurs
before, during, or after the use of the Properties. Permittee hereby forever waives, discharges, and
releases the BBCRA, its agents, and its employees, to the fullest extent the law allows, from any liability
for any damage or injury sustained by the Permittee, its employees or subcontractors. This waiver,
Page 4 of 15
14
discharge, and release specifically includes negligence by the BBCRA, its agents, or its employees,
to the fullest extent the law allows.
20) Entire Agreement. This Agreement represents the entire and sole agreement and understanding
between the parties concerning the subject matter expressed herein. No terms herein may be altered,
except in writing and then only if signed by all the parties hereto. All prior and contemporaneous
agreements, understandings, communications, conditions or representations, of any kind or nature, oral
or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms
of this Agreement supersede all such other agreements. No extraneous information may be used to alter
the terms of this Agreement.
21) Notice; Writing Required. Whenever either party desires to give notice to the other party, such
notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by
a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to
the Party for whom it is intended at the place last specified; and the place for giving of notice shall
remain until it shall have been changed by written notice in compliance with the provisions of this
section. Any consents, approvals and permissions by BBCRA shall be effective and valid only if in
writing and if it meets the requirements for delivery of notices. For the present, the parties designate the
following addresses to receive notices, consents, approvals, and permissions:
(a) If to BBCRA, at:
Timothy Tack, Acting Executive Director
Boynton Beach CRA
100 E. Ocean Avenue, 4'" Floor
Boynton Beach, FL 33435
Telephone No. (561) 737-3256
with a copy to:
Kathryn Rossmell, Esquire
Lewis, Longman & Walker, P.A.
360 South Rosemary Avenue, Suite 1100
West Palm Beach, Florida 33401
Telephone No. (561) 640-0820
(b) If to Pennittee, at:
Name: Kristian Navarro
Address: 9675 NW 117"' Avenue, Suite 108
Miami, Florida 33178
Telephone No.: (305) 588-3103
22) Time of Essence. Time is of the essence with respect to the performance of every provision of
this Agreement in which time of perfonnance is a factor.
23) No Transfer. The Permittee will not subcontract, assign, or otherwise transfer this Agreement to
any individual, group, agency, government, non-profit or profit corporation, or other entity.
Page 5 of 15
15
24) No Discrimination. The Permittee shall not discriminate against any person on the basis of
race, color, religion, ancestry, national origin, age, sex, marital statutes, sexual orientation or disability
for any reason in its hiring or contracting practices associated with this Agreement or the Permittee's use
of the Properties.
25) No Partnership, Etc. Nothing contained in this Agreement shall be deemed or construed as
creating a partnership, joint venture, principal-agent, or employee relationship.
26) Health and Safety. The Permittee will take the proper safety and health precautions to protect
its employees and subcontractors that use the Properties, the BBCRA, the public, and the property and
products of others. Permittee will be responsible for all darnage to persons and/or property that occur as
a result of the Permittee's negligence or misconduct. The Permittee will exercise its own judgment in
matters of safety for its employees and subcontractors that use the Properties.
27) Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as
many counterparts as may be convenient or required, each of which shall be deemed an original, but all
of which together shall constitute one and the same instrument. The executed signature page(s) from
each original may be joined together and attached to one such original and it shall constitute one and the
same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or
.pdf format document sent via electronic mail), which transmitted document shall be deemed an original
document for all purposes hereunder.
28) Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted
jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact
that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be
resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose
of this Agreement.
29) Waiver of Jury Trial. The parties waive the right to trial by jury for any matters arising out of,
relating to, or resulting from this Agreement or the performance of this Agreement. BY ENTERING
INTO THIS AGREEMENT, PERMITTEE AND BBCRA HEREBY EXPRESSLY WAIVE ANY
RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR
A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS CONTRACT AFTER A WRITTEN
NOTICE OF VIOLATION OF THIS PARAGRAPH, THE PARTY MAKING THE REQUEST
FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLY ATTORNEYS' FEES AND
COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR A JURY TRIAL,
AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE
MOTION.
30) Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be
governed by, and construed and enforced in accordance with, the laws of the State of Florida and the
United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be
in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the
Page 6 of 15
16
United States District Court for the Southern District of Florida, for all purposes, to which the parties
expressly agree and submit.
31) Independent Advice. The parties declare that the terms of this Agreement have been read and
are fully understood. The parties understand that this is a binding legal document, and each party is
advised to seek independent legal advice in connection with the matters referenced herein.
32) Severability. If any term of this Agreement, or the application thereof to any person or
circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the
application of such term to persons or circumstances other than those as to which it is invalid or
unenforceable, shall not be affected thereby, and each term of this Agreement, shall be valid and
enforceable to the fullest extent permitted by law.
33) Voluntary Waiver of Provisions. The BBCRA may, in its sole and absolute discretion, waive
any requirement of Permittee contained in this Agreement. Such waiver shall only be effective if
contained in a writing that meets all the delivery requirements of providing notice under this Agreement,
shall waive only those items explicitly identified in the written notice as being waived, and shall not be
deemed a continuing waiver unless the written notice explicitly states that the waiver is continuing
waiver.
34) Public Records. The BBCRA is a public agency subject to Chapter 119, Florida Statutes.
Permittee shall comply with Florida's Public Records Law. Specifically, the Permittee shall:
a. Keep and maintain public records required by the BBCRA to perform as described in this
Agreement.
b. Upon request from the BBCRA's custodian of public records, provide the BBCRA 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 confidential and exempt from public record
requirements are not disclosed except as authorized by law for the duration of the
Agreement Term and following completion of the Agreement if the Permittee does not
transfer the records to the BBCRA.
d. Upon completion of the Agreement, transfer, at no cost, to the BBCRA all public records
in possession of the Permittee or keep and maintain public records required by the
BBCRA to perform the service. If the Permittee transfers all public records to the
BBCRA upon completion of the Agreement, the Permittee shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the Permittee keeps and maintains public records upon completion of the
Agreement, the Permittee shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the BBCRA, upon request
from the BBCRA's custodian of public records, in a format that is compatible with the
information technology systems of the BBCRA.
Page 7 of 15
17
IF THE PERMITTEE HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE PERMITTEE'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 100 E.
Ocean Avenue, 4" Floor, Boynton Beach, FL 33435; or 1ad„)1,,;
Permittee also understands that BBCRA may disclose any document in connection with the Permittee or
the Permittee's use of the Properties pursuant to this Agreement, so long as the document is not exempt
or confidential and exempt from public records requirements.
35) Authorized Signatory. Permittee's signatory to this Agreement warrants that he or she is duly
authorized to enter into this Agreement on behalf of Permittee, to obligate Permittee, and to otherwise
act on Permittee's behalf as required to execute and perform under this Agreement.
36) Survival. The provisions of this Agreement regarding indemnification, waiver, public records,
legal expenses, jury trials, and insurance shall survive terinination of this Agreement and remain in full
force and effect.
37) Non -Scrutinizing Company. Permittee hereby certifies that it is not on the Scrutinized
Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not
engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains
false statements, or that Permittee is placed Scrutinized Companies that Boycott Israel List or engages in
a boycott of Israel after the execution of the Agreement, the BBCRA may terminate the Agreement.
38) E -Verify. Permittee warrants for itself and its subcontractors that Permittee and all
subcontractors are in compliance with all federal immigration laws and regulations that relate to their
employees. The Permittee agrees and acknowledges that the BBCRA is a public employer that is subject
to the E -Verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of
F.S. Sec. 448.095 apply to this Agreement. Notwithstanding any other provisions in this Agreement, if
the BBCRA has a good faith belief that Permittee has knowingly hired, recruited or referred an alien
who is not duly authorized to work by the immigration laws or the Attorney General of the United States
for employment under this contract, the BBCRA shall terminate the contract. If the BBCRA that has a
good faith belief that a subcontractor knowingly hired, recruited or referred an alien who is not duly
authorized to work by the immigration laws or the Attorney General of the United States for
employment under this Contract, the BBCRA shall promptly notify Contractor and order Contractor
to immediately terminate the contract with the subcontractor. Contractor shall be liable for any
additional costs incurred by the BBCRA as a result of the termination of a contract based on
Contractor's failure to comply with E -Verify requirements referenced herein.
39) Electronic Signatures. The parties agree that the electronic signature of a party to this
Agreement shall be as valid as an original signature of such party and shall be effective to bind such
party to this Agreement.
Page 8 of 15
18
INJT CESS WHEREOF, the parties hereto have duly executed this Agreement as of the day of
and year written below.
ATTEST: BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of2024,
-�Jc agency
by Ty Penserga, Chair of the Boynton Beach Community development Agency, a ppu
created pursuant to Chapter 163, Part 111, Florida Statutes
produced
Approved as to form,
B
Y'.
Print: 0 5".6 ^ej
Boynton Beach Community Redevelopment
Agency Counsel
is personally known to me or has
type of identific4tipp.) as identification.
Public — State of Florida
Page 9 of 15
THE MUTTERWK
W COMMINION 0 NH 2212e$
NO
WWA twy 6. 2=
19
20
ATTEST:
STATE OF FLORIDA
COUNTY OF PALM BEACH
OHLA USA, Inc.
Digitally signed by Donald
Donald Hickey
HDate: 2024.07.10 11:35:15
kk-e,v . . . .....
Print Name: Donald Hickey
Title: Executive Vice President
Date:
The foregoing instrument was acknowledged before me this 1041V'day of 2024,
by ---D0rYi WAC -k -as -ec. V l{name of officer or agent, title of
C.i<
officer or agent), of Inc. , a Florida corporation, on behalf of the company.
He/She ispmaa��� e or has produced
_a ',", . (type of
identification) as identification.
Wo t' f Florida
Page 10 of 15
SARAH! B RODRIGUEZ
Notary Public - State of Florida
Commission # HH 193640
My Comm. Expires Nov 1, 2025
Bonded through National Notary Assn.
Page 10 of 15
EXHIBIT "A"
• 212 NW 3rd Court, Boynton Beach, FL 33435
PNC 08-43-45-21-07-001-1180
Lots 118 and 119 Block A, Boynton Hills, in accordance with the plat thereof on file in
the Office of the Circuit Court Palm Beach County, Florida in Plat Book 4, Page 51.
+ 222 NW 3rd Court, Boynton Beach, FL 33435
PNC 08-43-45-21-07-001-1160
Lots 116 and 117 Block A, Boynton Hills, according to the Plat thereof, as recorded in
Plat Book 4, Page 51, of the Public Records of Palm Beach County, Florida.
• 219 West Boynton Beach Boulevard, Boynton Beach, FL 33435
PNC 08-43-45-21-07-001-1120
Lot 112 and the East 25 feet of Lot 113, Block A, Boynton Hills, Less the Southerly 10 feet
thereof, according to the map or plat thereof as recorded in Plat Book 4, Page 51, Public
Records of Palm Beach County, Florida.
+ 225 West Boynton Beach Boulevard, Boynton Beach, FL 33435
PNC 08-43-45-21-07-001-1131
The West 25 feet of Lot 113 and all of the Lots 114 and 115, Block A, of BOYNTON HILLS,
(Less South 10 Feet State Road 804 R/W, recorded in Official Record Book 1313, Page
128) according to the Plat thereof as recorded in Plat Book 4, Page(s) 51, of the Public
Records of PALM BEACH County, Florida.
Page 11 of 15
22
AERIAL MAP OF OVERALL SITE
Page 12 of 15
23
EXHIBIT "B"
SCOPE OF WORK
Pennittee i s to perform the following described work, on the property located at:
• 219 West Boynton Beach Boulevard - PCN 08-43-45-21-07-001-1120
• 225 West Boynton Beach Boulevard - PCN 08-43-45-21-07-001-1131
• 222 NW 3`d Court - PCN 08-43-45-21-07-001-1160
+ 212 NW 3 d Court - PCN 08-43-45-21-07-001-1180
Provide DOT approved staging area site plan
Provide pre -construction video of properly including adjacent sidewalks and roads
C_1 Installation of U temporary fencing and screening around perimeter of properly
Installation of silt fencing
Remove all asphalt
Remove concrete driveways on NW 3'd Court
Remove all bushes and hedges per site map
Remove two stand-alone tree stumps extending more than 12" above ground
Remove Tree #1-Melaleuca (uprooting sidewalk)
Remove Tree #2-Schefflera (uprooting sidewalk)
Remove Tree #3-Melaleuca (uprooting sidewalk)
Remove Tree #4-Tree/Stump
Remove chain link fence -only the portion of the fence determined to be on Owner's property
Remove group of tree stumps/roots along with concrete block & slab se corner of property
Clearing and grubbing of entire site
Rough grade lots resulting in a smooth transition from one end of property to the other; ready
for sod
Remove and/or replace sidewalk on NW 3rd Court, as determined by City
Sod all lots with Bahia
Remove portion of retaining wall & steps and grade per site map, on Boynton Beach Blvd.
Remove 2 curb cuts and aprons per site map, on Boynton Beach Blvd.
Page 13 of 15
24
Page 14 of 15
25
EXHIBIT "C"
PROPOSED SITE LAYOUT
Page 15 of 15
26
Tack, Timothy
From: Daniel Curiel <Daniel.Curiel@ohla-usa.com>
Sent: Monday, December 2, 2024 9:42 AM
To: Utterback, Theresa
Cc: Tack, Timothy; Steve Jacobs
Subject: T4651 Boynton Beach Blvd - Staging Area
This Message Is From an External Sender
This message came from outside your organization.
Good morning Theresa,
Our subcontractor, Smith Fence, has scheduled us to install the temporary fence on Tuesday, 12/10/24. We are
estimating two days of installation.
Thank you,
Daniel Curiel
Project Engineer
14005 NW 186th Street
Hialeah, FL, 33018
C:978-397-8541
Da_n.iel.Cu.ariel a>ohla usa.corm www.oirla usa.eonn
OHLA USA, Inc. I OHLA Building, Inc. I Community Asphalt Corp.
Judlau Contracting, Inc. I OHLA Systems & Electric, LLC
1
27
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII,�00�U'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
INFORMATION ONLY
AGENDA ITEM 8.A
SUBJECT:
2024 International Economic Development Announcement for the Bronze Award for Economic
Development Organization of the Year
SUMMARY:
The Boynton Beach Community Redevelopment Agency (BBCRA) is proud to announce that it
has been awarded the prestigious 2024 Excellence in Economic Development Bronze Award
for Economic Development Agency of the Year by the International Economic Development
Council (IEDC). BBCRA staff was acknowledged and honored at the IEDC 2024 Annual
Conference in Denver, Colorado.
Every year IEDC looks specifically for economic development organizations, government
entities, initiatives, and programs that have demonstrated consistent, exemplary performance
in the economic development profession, leading the execution of projects that have a
significant impact on revitalizing communities, and playing a major role in shaping and
improving the practice of economic development. This year, over 500 entries were submitted
across 26 unique program categories, with 146 organizations receiving a total of 238
distinguished awards.
The BBCRA was selected for this prestigious honor because of its innovative and
comprehensive approach to fostering local economic development and community
engagement.
Key initiatives that contributed to the BBCRA receiving this award include:
• Coastal Cruiser Rideshare Program: An eco -friendly transportation solution that
enhances mobility for residents and visitors, providing convenient access to local
businesses, attractions, and services in the BBCRA district.
• Affordable Housing - Heart of Boynton Village Apartments and Shops: A
transformative development providing much-needed affordable housing options while
integrating retail spaces to support local commerce. This project reflects the BBCRA's
commitment to improving the quality of life for residents in the Heart of Boynton
neighborhood.
• Commercial Business Grants: The BBCRA offers various grant programs to assist
new and existing businesses with rent reimbursement and building improvements.
These grants help stimulate economic growth and ensure the continued success of
small businesses in the area.
• Business Booster Workshop Series: Designed to empower local business owners
with knowledge and tools to grow their enterprises, the Business Booster Workshop
Series offers training on topics such as strategic planning, marketing, and financial
management.
• Business Promotional Activations: Specially tailored activations like Rock the Plaza
and the Boynton Beach Night Market bring the community together while promoting
local businesses. These activations provide a platform for local merchants to connect
with residents, increase visibility, and boost sales.
"The Boynton Beach CRA is setting the standard of excellence for economic development with
its economic development efforts. This award highlights the Boynton Beach CRA's
commitment to its community and demonstrates the transformative impact of economic
development," said Nathan Ohle, IEDC President and CEO, "It is with great pride that IEDC
presents this award to the Boynton Beach CRA, celebrating their leadership and innovation in
the field of economic development."
"We are absolutely thrilled to announce this year's award winners. These exceptional projects
showcase remarkable dedication and ingenuity within the field," said Kevin Kramer, Chair of
IEDC's Excellence in Economic Development Awards Advisory Committee. "The Boynton
Beach CRA's contributions will leave a lasting impact and demonstrate its commitment to
creating positive change for its residents."
The BBCRA was acknowledged and honored at the IEDC's 2024 Annual Conference Denver,
Colorado on September 16, 2024 (see Attachment 1).
At the November 21, 2024 Board meeting, the Board requested a photo with the award at the
December Board meeting.
FISCAL IMPACT:
FY 2023-2024, Budget, General Fund, Line Item 01-51010-216, $170
CRA BOARD OPTIONS:
No action required.
ATTACHMENTS:
Description
• Attachment I - Bronze Award for EDOY
011
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII,�00�U'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
ANNOUNCEMENTS AND AWARDS
AGENDA ITEM 9.A
SUBJECT:
2024 Holiday Boat Parade Announcement
SUMMARY:
On Friday, December 13, 2024, the Boynton Beach CRA, in conjunction with the City of Delray
Beach, Town of Lantana, and Town of Hypoluxo, will present the the annual Holiday Boat
Parade.
Event details are as follows:
• The boat parade will start at 6:30 PM and will travel south from the Ocean Avenue Bridge
in Lantana (near Old Key Lime House) to the C-15 Canal in Delray Beach (south of
Linton Boulevard).
• The public can view the parade at various locations in Boynton Beach, including the
Boynton Harbor Marina, Intracoastal Park, Harvey Oyer Park, Jaycee Park, or at
Veterans Park in Delray Beach.
• The Boynton Harbor Marina will feature live music from the band Rogue Theory, a mini
vendor market, family -friendly activities, and a visit from Santa Claus. Festivities will take
place from 6:00 PM to 9:00 PM.
• All attendees are encouraged to bring a new, unwrapped toy to be donated to Toys for
Tots.
• The US Marine Corp will be in the Holiday Boat Parade and will stop at docks along the
parade route to pick-up toy donations. Individuals who are interested in donating toys
simply need to shine a flash light from the dock to indicate that toys need to be
collected.
• Interested boaters can submit an application for the Holiday Boat Parade on the
BBCRA's Eventeny page: https://www.eventeny.com/events/applications/application/?
id=3716
Attachment I - Promotional poster for Holiday Boat Parade.
FISCAL IMPACT:
FY 2024-2025 Budget, Project Fund, Line Item 02-58500-480 $40,000 for the business
promotional activation.
CRA PLAN/PROJECT/PROGRAM:
31
2016 Boynton Beach Community Redevelopment Plan
CRA BOARD OPTIONS:
No action is required from the CRA Board at this time.
ATTACHMENTS:
Description
• Attachment I - Promotional Poster
32
LANIANA,,�, DEl..JZAY' BEACI���111,?� 1�iYPOLUXO
. . ........................
... . ........
Biloyn ton. Harbor Marina
735 Cas-c'l -na Blvd, Boynton-Beacl-'i,
8,02 NE I St, Delray Beach
k- I
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII���UV�V'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
CONSENT AGENDA
AGENDA ITEM 11.A
SUBJECT:
CRA Financial Report Period Ending November 30, 2024
SUMMARY:
CRA Financial Services staff is providing the CRA Board with the November 30, 2024
(Attachment 1):
• Statement of Revenues,
• Expenditures and Changes in Fund Balance Report, and
• Budget Comparison Schedule - General Fund.
FISCAL IMPACT:
FY 2024-2025 Annual Budget
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan and FY 2024-2025 CRA Budget
CRA BOARD OPTIONS:
Approve the CRA's monthly financial and budget reports for the period ending November 30,
2024.
ATTACHMENTS:
Description
• Attachment I - November 2024 Financial Summary
34
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Boynton Beach, Florida)
Statement of Revenues, Expenditures and Changes in Fund Balances
Through Year to Date - November 30, 2024
REVENUES
Tax increment revenue
Marina Rent & Fuel Sales
Contributions and donations
Interest and other income
Total revenues
EXPENDITURES
General government
Redevelopment projects
Debt service:
Principal
Interest and other charges
Total expenditures
Excess (deficiency) of revenues over
expenditures
OTHER FINANCING SOURCES (USES)
Funds Transfers in
Funds Transfers out
Total other financing sources (uses)
Net change in fund balances
Fund balances - beginning of year
Fund balances - end of year
Total
Debt Service Governmental
General Fund Projects Fund Fund Funds
245,541 245,541
34,425 82,053 981 117,460
279,967 82,052.69 981 363,001
753,430 - 753,430
- 626,948 626,948
753,430
626,948
-
1,380,378
(473,463)
(544,896)
981
(1,017,377)
981
(473,463)
(544,896)
(1,017,377)
4,869,740
19,070,941
230,912
24,171,593
4,396,277
18,526,045
231,893
23,154,216
Footnote:
Transfers between funds include monies received from TIF and carryover from general fund balance.
The notes to the basic financial statements are an integral part of this statement.
1
35
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Boynton Beach, Florida)
Budgetary Comparison Schedule
General Fund
Through Year to Date - November 30, 2024
REVENUES
Tax increment revenue
Marina Rent & Fuel Sales
Tnterest and other income
Other financing sources (uses)
Total revenues
EXPENDITURES
General government
Total expenditures
Excess of revenues over expenditures
OTHER FINANCING SOURCES (USES)
Carryover fund balance
Transfers out
Total other financing sources (uses)
Net change in fund balances
Fund balances - beginning of year
Fund balances - end of year
Original Budget Final Budget
24,279,354 -
1,300,000 245,541
- 34,425
25,579,354 279,967
Actual
$ 24,279,354 $
1,300,000
25,579,354
5,670,284
5,750,059
753,430
5,670,284
5,750,059
753,430
19,909,070
19, 829,295
(473,463)
(19,909,070) (19,909,070) -
(19,909,070) (19,909,070) -
$ - $ (79,775) (473,463)
4,869,740
4,396,277
The notes to the basic financial statements are an integral part of this statement.
1
R
L N
aEA+ O
W M
E \
AVWW/' N
O
o—,
m U
QN
C
CO
w
J
LL
U
L
U
ra
CID
C
0
4�
C
0
CO
tw
f0
E
K
dA
�f0
E
ajK
v
m
v
m
UO
r
W
W
V
c
ro
f0
Ina
tw
C
tw
N
IM
u
C
f6
a
E
u
u
c
W
E
m
z
0 o 0 0 0 0 0
Om 0 m 0 0 0
O rn O N O O O
O In O Ll O O O
O o0
O O w V In N-zt
O O rq -i -i N m
�t N m m m L() N
Ln m Ln v Lo O N
m al cl m m C ol
of Ln m M oo r
N N N
N C
a ri
N
O O w LD In N �t
O O m oo -i N m
O w O O M L() N
to v7 In Lo O N
N
O O O7 M n M n
O O lD O1 N M N
O -ZT O O n
M N Ln W M N
O m O O n' at
O O m m N m I" n
0 o Lo m o co ti a
M N al N rl cl I,
O O v1 N .-I Qt Lr
N m M O
N N op I cy
O O O O O O O C
O O O O O O O C
�t O O O O O O C
V) O O
m O O
al O O
O O
N N N
N
O O O O O O O C
O O O O O O O C
O O O O O O O C
0o 0 o o 0 0 0 0 o o o o 0 o o 0 0 0 0 o o o
N t0 L O c -I O O N O W I� O OCo O N t0 L O O c -I I� n Lr) L N O O O
cIl N O N O O ri 1p V rn O O Lr) O O O O O W I� t0 Lr) W O O D
00 m O�o O O m V o V O O m O c N O O m m c -I m o O O O
Ol m O W O O m m m I" o o m O m m O O W W a m m O O O
w X 0 0 0 0 Lo O In O O O O O w O O O m O O a 0 0 0 0
N m o 0 0 0 L!1 I� o1 vl o o l i O':� O O o o `* o 0 0 0 0 0
): a o o o o m r, rn T o o m o o Ln o o a I, Ln m a o o o
Do -q 0 0 0 0 W w c -I m O O w O N Lo O O L!) m N I, O O O O
M LD O O m w C O Qt n In L!1 7 C of Lr m O M C c -I 17 O n m 0
01 O O L() Lo m v) m m N M -Zt O m L() a) .--i N
C1 N c -I N O N N N M N
N n N
Ln
N
R v1 0 0 0 0 0 Lrl O O O O O N O O O N O O LO O O O O
n n O O O O m 0 vl O O al O 11 O O O C 1 M O Cl O O O O
LD I� 0 0 0 O O N 0 v) O O O O M Lh O O O N L() l0 O O O O
LD al O O c -I w O M O c I" N O
Ol N C v1 v1 LO N N N In
Im It n 00
M M
N
Ln O O O O O O N Lo O O O O O c O O O O N O W O O O O
N O O O O O N a1 't 0 0 0 al O Ln 0 0 0 01 Olz� 0 0 0 0
LD O O O O O v) Lo 0 0 0 0 0 0 Lo O O O O Lo L() M v) O O O
N O M I� N N a) Ln
cl O N N �t LD N N
LD O O
� N N
N
O) U, O O O O ",00
a) al 0 0 0 0 0 c O O O N a) O a) 0 0 0 0
l!1 n o 0 0 o N m vl vl o 0 0 0 0 0 0 o vl M o V o 0 0 0 .
o " 0 0 0 0 0 m 0 0 0 0 0 m 0 0 0 0 0 0 m 0 0 0
a) I� m LI) O W m LI) m c -I co
e-0 N N N c LD
M V
M N N
N
O at 00
O O O O O O O O O O O O O O O O O O O O O O
O O O O O O O O O O O O O O O O O O O O O O O O O O
�r N O O O O O O O O O O O O O O O O Lf) O O O O O O O
Ln X
L 0 0 0 0 a) C 0 0 0 0 0 0 0 C 0 0 Ln 0 0 0 0 0 0 0
M cl O O vl m e w Lr a m Lr Lr O O M Olz O m O M n m O
01 Lo O a) M m Lo m m N M N c -I -ZT co m Lo a)
I� N cy N Ln N N N lD N
LA Ill N
Ln
N
O O O O O O O O O O O O O O O O O O O O O O O O O O
O O O O O O O O O O O O O O O O O O O O O O O O O O
O O O O O O O O O O O O O O O O O O O O O O O O O O
0
z
J
a
m v
0 W 7 CD In ti:7 III, loo C C
Z c 0 -I r r
v w ar -I -I -I u
NllN
7 CD CD C 0C`,v C C`,v
v)
W U V V
U ce cr cf
~O Z Z Z
Z cc cc cc
V) W G N W G
Z J N Vl N Z O V) Z V) Z
Cl. j N U w `n N F N U a w
X U' U N> w 0 D U_ a w U N> w w C7 D a
oiS Z> J w z Z> O z V)O Z m 0 w Z J z N
D z w w w a w= w> a d O D
F-
F-
a w= ow
F w v) W W N v) w F a Z W (— v) W U W
Q s z O w N(3 Q z O Q w w s
H w Q> U V, a 0 > w U F v) Y d O Q H ]C Q > w
O p N w 0 w Q cMi1 w w Q- O w m 0 O IT CID w 0 0 0 cin w w Q
u¢¢ C O a u¢ 2 C u o a U v) m w a u u m¢ 2 Q u
';} v0
1 Pirl '""v rCD Il a'I V^ I V",,d V'"rl V'� n --i I� : a l Irl' ,,
N u"� "I J",7 �...",! vs � s C"s C"s '",,,�s Cs CS ��.J .J D CD "�
ami cn c n " a u u r, i r, i r, i vM l i , I a u ,i u i u i ��,^i `�, i ��,,j °�,,I �'m �'m �^n �^n
CL
X w",I w w w"w w N w N w"w w N w N w"w w N w) w" ur• w w w w w w w"w w N w N w"w w"w
W
C 0v CD CD CD CD CD CD CD C 0C C C`,v C C C`,v C 0 CD CD CD CD CD
I�r M
o 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 0
co
N C
c-I [V to O a O o0 .-I O O O Ln N Ln O O rl Ln O O O O m O cV LO V 0 0 0 0 I, N O m LO W F, c-I m m .-I O O
+- M
0 C
n O Ln O rl O W N .--I nl 0 I� m m 0 0 I, N O O O O c-I O n m m O O O O rl n O m LD I, W O W O W O O
N
-4l -4 LWn O OO O O O O 6 6 6 6 D r,: O a m n a -4 O O O O O
OO
I'{^I+,xBro
Ll6
1 l l l W I1 CO l
O O O m m O m w m w m w m O O O0NOO OuO O O O O OnO
\ K
N b.0
.-I 00 O O c-I O r-4 a M LD O W O LO 00 O O O .-I O O O O O rO cnl .-I x 0 0 0 0 00 O O W M N nM m O O O
C_
-i 't 0 0 o0 O -i O Lq N O Ol O O O O -i O O O O O M Ol O I� M M O O O a M O Ln N W '7 o0 Ln rl Lq O O
NN
C
� O .-I O N O W Ln .-I Ln LD m .-I Ln O O� n O O O O W .-I LD LD LD N O O O Nm O Ln Ln I, w O N I, N O O
\ •�
o) No O to O W LD O O m N m .--I O O o)� 0 0 0 0� Ln rl N m No O O Ln No O I, to c-I to W N LD O O
cy
rn o0 Ln m W 0 I, -:tO t M O M LD O al 0 0 Ln O O O I- W W W W O O O o0 � LD Ln al � c v O a rl W O
.--i N .--i N I� n .--i Ql Ln .--i z c-i .--i N N Ln I, O : m O Ln O w -zt m tl n -Zt w �t O Ln
O LD O Ln m Ql N LD N N :tN N m N N N O Ln N n N m
r4 rIj
N �
tlC �
C
m m
oc
N
Ol
Oi NC O m O n� O w O� rn 0 0 0 o) O O O O O m W O M m� O O O O rV O O rV c-I oo m r, c-I O O O
V
(p rm
00 vl O O rl O W Dl ll N O O Ol O O O 00 O O O O O o0 Il O -i LO M O O D LD lD O Ln Il li Ln rl 't W Ln O O
Ln a) Ol O I, O Ln -4 w m O Ln W Ln O O Ln M O O O O N-4-4 Ln O N O O O I, O O 4 4 N .-I m n N N O O
0�
M M O M m w 00 O 00 Ln N c-I w � N N n m Nm w M c-I I, w
mN
c-I I, m m n N w M N W m N m N w N Ln �t O m c-I It Ol N N
.--I N N N M L(1 N I-I .--I Lo O N .--I -Z N
C
Ol N M o0 N N o0
c-I
C
W
T
m r-I O O m O O O O m O O cV 0 0 0 m O O O O O o0 o0 O Ln Ln I, O O O tV O 0 0�r rV 0 w O m w O O
00 Ln O O -1 O O O Ln lO O Ln D1 O O O 00 O O O O O I, n O W -1 -1 O O O N M O O to zt O N M o0 m O O
Ln LD O O n O O O oo .-I O Il W Ln O O Ln O O O O O I� �t O .-I w .-I O O O O C Olzjl N M O W I� Rzll W O O
U
Ol M T W Ol O W Ol T c-I I� r N Ol O N N Ln N w Ln c-I
a
N rn m a w m o7 m m o rn rn m n C rl oo a a w
N M M O M O N Lo
jp
c-I N co N N LO
o
Lq
w
0 0 0 0 0 0 W m O lD O Lq 0 0 0 0 0 0 0 0 0 0 rl O O N Ln ri O O O M M O M LO u o0 -i m V O O
O M Ql O O O Ln V O .-I O n O O O O O m 0 0 0 0 Ln O V M V .-I 0 0 0 I, lD O O N co .-I O O r, .-I O O
m
co Ol O M o0 o0 lD N o0 r, V N Ln lD r, N I, o0 N Ln N co
I- Ln co Il cl N N O Ql N N I� O M N LD o0 Il
.-I N V N Ln Ol O N O .-I Ln
00
C
Ol N N N N N
c-I
C
w
N
m
0 0 0 0 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0 0 0 0 c t 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
O O O O O O O O O W O O O O O O O O O O O O N o1 O O O O O O O O O O O O O O O O O O O O
'p
3
0 0 0 0 0 0 X 0 0 LD LD m 0 0 0 0 0 0 0 0 0 0 .-I .-I O O I� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 m O O o0 m 0 0 0 0 0 0 0 0 0 0 0 n Ln O O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
pp
C O O M C O A C O m a LD r, n LD O O N O Ln O O W I� O O M c c 0 c c LD O O O N O O N O of O
. . . . . . . . . . . . . . . . . . . . . . .
N N N N O � n Ln LD Ln .-I lD N .-I N N Ln C O O N O O O Ln O Ln O .-I LD O O .-I Ln
w
V
�
LL
m m M m
O lD O Vl M N N O lD M N Ln N M N M N N lD N N N N M
"
Zt N N N Ill N N CO
O O O O O O O O O M O O O O O O O O O O O O O co O Ln C 0 0 0 0 0 C 0 0 0 0 0 0 0 0 0 0 0
u
C
0 0 0 0 0 0 0 0 0 w 0 0 0 0 0 0 0 0 0 0 0 0 0 Il O W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 .-I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .-I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
f6
O co c-I r, N
O M M M M
E
^ M Ln
3
u
C
W
Z
V
N
w C Q
W QS N w J Z w =
Of MV
Z W F F [C
OV
s lJ z
LL Z Z w
_ w w
W N O U w O J¢
N `n �
w w
w F In w F
O cavil Z H tWn ,n Z V} Z Z O v,
Z N U W N Z N F CJ N
Z N Z W W Z
O O } W W W O O W Q Z Z Q O W W
N N N Q W J
to F V N F w U W N N F U w W W W N W F W Q w
z Z z V w Z Z w Z c N
U z W
w v) V Z O w w¢ N w O cn W W LL w N F O_' O J G N W W J J of
d O O c c
F= 7 J O O W W % a Zn O O 7) J O F
Z J Z F G O_ Q W }
d LL F O_ a F F= LL W N W LL LL F O_ F} a L.L } X Z F= F} U O Q F O_
cW LL LL W
c C O cZ
Q Q VI
W Ln W C K Q' Q' = F Z W W W G w w U U K K K W Z Z W oC oC z z
W d' W Z F
-
2 a= F O Z U F O O F
y
i m O i Z Z Z m} " J s-- m O i Z Z U F [C [C U F
a a
w W� O w O w O O F W N WW W¢ w W= O w O CC c¢c W Q' Z W M VY J O c¢ c¢ LL J Q c¢ O F
m
O U N m O W C.) U U U O_ Q D U O U N m O U O_ G C W O_ � 2 N W U O_ G G O W C.7 G U U
Z
i/
L
0
Q
ZE
a
1..
J"_"Y, I r l "'j V','] II.�'"1 v,D P"•," a, o o II w"w c,; II r, ri:,? e° -I r 1 11 n gym! m 4,"„7 .--1 P"uP w',;i" II n 6.1"] C,,;,) a, ""°I V'I ",,;,] ILn 'Q , ��
�7 �i �I
m C
7 0 M M M "^"T J".,I f",.,I J",I f',,,I f',,,A V I V81r�Y7 r�,1
�1 II u u
�^l II, lV,,,l^j f..;) f,:'I � C� .� J J � � L .L f... C „� ? C? C'^?
r'".I
'fl
%hd
V
�hd Ohl V V* V"•,, w V I Vw A a'•I ¢"'\I t"� r.," t
V` V ti d Y Y "".i" ""h 1 �X' X X "'I;X •+.;X" V*d V"*,I V V"`„I I 6'"^ rNi r” l ^r�'X ""X m i,m m lm lm I I Iin 11.,,7
i
— U
•—
t Y t 1 ID G.) 10 t I"? t, t I,1 t I.1 t„I„I t l l t„I,.! t„I 1 t 11 t„I„1
t,.l.
.,, v.,I ..X v l ...,i ..I ...I
""".
W W'""X W'1 W" W'"I W W"I Wni W"i Wni W'X W,,.X W'1 W W" IU'"I
0 0 r""" D CD CD CD CD CD 00 u 0 0 00 00 0 CD CD CD CD CD """ D 00 00 0 00 0 0 CD CDCD CD CD CD
v...J
I�r M o 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 0 0 0 0 0
N C O to O o o c -I O O W V O o o of O O O m m m O c -I m O O m N of O l0 rl O rl o m O O O Ill
D C O a o o o I- n O D N O O O n N O O O m W c -I O I, N O O m O In a o a o [V O o0 00
N Io O r-: O O O r-: r-� O 06 X 0 0 6 Di X 6 6 6 6 Di vi O Di O O 06 -4 L6 O Di m 6 Ili O r-: O OO lD
C E O't O O O 00 m O of 00 O O O of 00 O O O of of w O of 00 O O 00 m W O W m O w O of O O O 01
en w
e -I
a 0.0 O O O O O N O O O O O O O rl W O O O C'4 0 0 0 rl 0 0 0 I� It 0 0 N lD O M O O O O O M
N c O O O O O m 0 0 0 0 0 0 0 �--I W O O O O O O O -i Lr' O O a 0 0 0 n'1 lD O W O lD 0 0 0 I�
N
C_ O .--� O O O I, In O .--� In O O O V Ln O O O .--� Ill In O� m O O m of lD O of O O O O I, O In In I, O Ill O O O Mr, O a M 0 0 0 m It 0 0 0 Ill W c -I O m N0 O O n n O N It O� O c -I O rV zt Vl
\ E C Ol O O O n W O W M Ill Ill C of I� N Ill O N ll N O of Ill Ln Ill Ill I� Ln C .--I M O Ill O ll O � l0 Rt
N
O lD Ql In M O In r, Ln .-I Ql .-I O O .-I .-I N O Ql N N .--i O N m I!7 r, Oi O 00 In N Ill n o) Ln
N In c -I I� N Ql N I� N l0 m of Ill
M Ill 00
r1 y N rj
pp c -I N
C 3
m m
oc
a)O O O O O 00 0 0 0 0 0 0 0 m N0 O O 00 O O O m O O O M l0 O O 00 �t O c -I O O O O O e l
O O O O O lD 0 0 0 0 0 0 0 00 rl O O O D1 O O O 00 Ill O O Lq D1 O O l0 M O rl O't 0 0 0 IO
R r O m O O O I, In O m In O O O In -ZT O O O m Ill Ill O Ill lO O O lD ORZT O O m O m O N O O O O
0 O c -I N Ill lD Ill LD N 00 Il of N N I, Ill Ill 00 N
m N c -I N m N0 m 7t N � 00 LD �
N O .-I .-I lD of N O C
C N N N Ln N VI
C
W
T O O O O O o0 0 0 0 0 0 0 0 m ID 0 0 0 0 0 0 0 m O O O In rV 0 0�t I, O n O O O O O ei
O O O O O 0 00 Ill 0 0 0 0D O O O W O 0 0 rl Ln O O M lD O m O rV 0 0 0 a
O O O O O N O O M Ln O O O In O O O O of Ill m O In In O O m N m O In of O IO O .-I O O O O
U Ill <D O N 00 of N N M N co N
u N c -I m N r, M n N N M O
.--i .--i CO c -i Ili 0
jp N N M
O rn
F
u 0 0 0 0 0 Lq 0 0 0 0 0 0 0 0 In O O O -i O O O O Lq O O CD CD � V O O m lD O Il O ri O O O N
C O Ol O O O Vl In 0 0 0 0 0 0 0 M O O O O O O O O .-I O O lD m Vl O In of O N O .-I O O O m
m O n N N lD M of 0) Ol M N r, O
c -I N N N M lD O N V M Ol Ill
w N CP .--I I� V rl N O N
a
C
w
O1
m
O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O M
'O O O O O O Vl O O O O O o O O O O O o" O O O O O O O O o O O O O o O O o o Vl Vl O
3 C O C O O c -I O O O N,�� C O O Ln O N O lD O O lD U) Ln C 0 C C C 0 0 0 0 C C � tD N
m
LD N V1 M O lD Ql V1 N O 0 0 N N N lD O N N N O r4 O If7 O O O O V1 M VD I� 0) Ln
u c -I O lD N N N N lD c -I c -I 00 N m N O N N N lD c -I of Ill
c -I N N M N M Ill ID
y N Il Vl
c N
O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O R
Nu O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O n
c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4
ra v
N
E LA
u
u
c
W
f6
C)
F
01
H
C
} 01
U O
W ZU
U W W
cn Z U
W Qz z
N N
w F z V Of H LL
W J W
J Z OU ~ 7 Z Z U O7 Ln U
Q O x Z Q W V) > O
wcavil UOw HO z� w H z mc V) (D NwN
= Z N= m N z W O In cn In z O o D Q w N w
Q Q Ln Wa V j 023 w w w> N ~ U w w vl z z u CWJ w u W m w vLLi
V) N w> a H C7 O U a In w U l7 > C7 a N W U Q a Z Z W H U Q Z
O z O Q N = J O z m N a-- O z m Ja � z w Q< 0 0
W z H w Z W w= VI w Q a a a Z w w= w a a O a W z OU (A � Q zp N Q F
fl -z oz d< o s a m w w O w a w o m w u a v u w Y=¢ z a z a LL
n W 0 > w H U n Y U n 0 W U N Y Q a s H—= O z w
O z w Cl O w Z c`nil c w Q IWi w O LL w c W Q LL w 0 U O w w IWi Z N O z
m U LL W U LL Q Q Q o U LL O U (n OJ O a Q G U O U (n O'] LL_ J (n > I..) -
Z
i/
L
O
Q
a)
a)
tv
t "C"
II'UD CClC"I� 1� In ,•r� I,y i i iu°• " I 7i �u. "^wl 07 u�1 eW 00 W'X tc 1.) cy'�i 0v ti"
c 0 0i xiw l, "00ti W"iv 'r w r w
^rX Cy „
u � C'"� a•rr ,^r'X ,^+•" .-I -I �a �a I � ...I I I ...I .�n .'n
0 CD CD CD CD 0
N V 1 .11 II Y Ci C 1 "" 1 f" CD CD CD CD CD CD 0 0 � A V iiiii� C 0"J J J 0 � D D ��.�A 1 CC C 0 0 0 CD C _J t" 0 I �.�l 1 "�
i 1 II 1 II" 0 f w C,^a C
tD D v;lD 0 ry,l "t ^T 't ^T ""Y' 't ""Y' "t ^Y, '�„`t' V 1 ^i' li,^I li,h li,h li,h li �'1 li,'1 li,'1 li '1Sl "til BtCD (t 0 (D (Z, (Zi u"Ji u"!"r ch ",l
"X WX WX W' V "1
w^ w'��,I �i X " ��,X " � X ����,I w M ch 0�,
CD 0 CD 0 r,,,,,7 � D
'" 0 u u v u a ,.w C` a u,...v ^7 7 r, D a l 7 0 I",,,) a u v u u v C` a u 0 C` u v 0 �� 7 7 7 ,,, C ,,,7 D 0
I�r M
o 0 0 0 0 o 0
-6"0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0
0 0 0 0 0 0I
I
M O
N C
0 0 0 0 0 0 00
O .-I moo O O to rn 0 [V Ln O O ooO
O O l0
0 0 0 0 0 0
+-
p c
0 0 0 0 0 0
O m n n O O O m 0 c -I C O O N tD
O O D1
0 0 0 0 0 0
N f0
0 0 0 0 0 0 Di
O m m W O O vi N O M Di O O H Di
O O Di
0 0 6 6 0 0
CO
O D1
O m m W O O m w O W m O O m W
O D1
0 0 0 0 0
2 2 2 2 2
M OJ
rl N
N H H c -I N N
N
e -I
IUl
\ K
a oo
N
O G) O O O O rl
0 0 0 0 0 0 W M O-zt m m �D m N
rl
n O M
0 0 0 0 0 0
n
O
c
p
O -i O Ur O O M
O O O a O rV lD O O lD W Lq O M Il
'a
a 0 V7
0 0 0 0 0 0
'a
'a
N c
O n O lfl W l!1 O
O O �t V m O n to Z11 lD n n N O
O
rl Ill M
O O trl O O Vl
r4
N
_
\
O -zt O O Ol -zt M
O In Il It .--I N LD O N -zt n W Ln Il V
M
W N -cr
O O M Ol O N
oo
O
N
E
Lfl Ol � N N� oo
Cl W ra lll0 N u c Lrl Il N� c -I O rl
oo
m a I
O O N c -I O V
O1
O1
N
Ql n .--� lD
O m I to M In O M W M O M O
M
Il
oo to Il n .� n
N
\
N �
n W Ol Ol
c -I Ll1 lD
O c o oo rl
to c M M O o0 0o I) cy W I D N r-
N O N O N N M O Ln Ol N m lD l0 ^
c
O
.--I N
00 O I� ei
I, M
N
O
r-1 y
CO I Lm
m w
14
N
oo
c N
N
c3
m m
oc
OOi O O O O Ol
O O O O O O N O O rl n O Lr1 I� N
M
n O n
0 0 0 0 0 0
n
M
[Yp
O rl O Lq O O lD
O r� O to O O N
O O O N O O Lq O O O li O W lD V
O O to .-I O O n n O m n O O m w
n
o
O V
.-I O rl
0 0 0 0 0 0
0 0 0 0 0 0
V
a 4
e -I
n
C
O 0 0 Vl
O m n O 't of [V O m V
o)
W oo
oo
Il
m
Lf1 Ol N O
.--i Oi
m lD l0 l0 N Ln M Ln O T
l0 l0 O IZF l0
oo
V
Ol M
Dl
M
n
C
I� OPN
n Nm M N N
M N tD
V
Ln
e -I
O
W
T
O n O O O O n
0 0 0 0 0 0 O O Dl 0 0 In W w
wl
w O w
0 0 0 0 0 0
tD
ei
O O O vl O O vl
O O O Ill O O oo O O -i O O W lD O
In
m O Dl
0 0 0 0 0 0
a1
O
O O O Ln O O 0
O O to Ln O O .-I I- O N O O O .-I 0
m
N O N
0 0 0 0 0 0
N
O
Ozj- 0 0
O m O O�t W O O D1 N
1l
n n
n
O
a
Lll O M N O
.-i Co O
L!1 lD N N N L!1 N Lll N O
M to Ln M O O G
al
M
lD
n
(O
M
N N 01 M N OO
N
O
N
N
M
F
W
O N O O O O N
0 0 0 0 0 0 lD O O N Il O O Ol R
N
.-I O N
0 0 0 0 0 0
N
N
w
l6
O -i O O O O N
O n O O O O n
O O O Il O O lD O O W -i O O m M
0 0 0 lfl O O Vl O O lD n O O n M
N
tD
Lq O V7
oo O oo
0 0 0 0 0 0
0 0 0 0 0 0
V7
0o
M
O
m
O O O
cl rl O
O w O c -I N O N
cl ` 111 O N Cil Dl
rl
Dl
O O
V1 lf1
O
ll1
I�
I�
w
c
a a
a v
m a
o
a
GO1
o
lD
S
m
0 0 0 0 0 0 0
O O O O O O N W O M O m w O R
R
0 0 0
0 0 0 0 0 0
O
Il
w
0 0 0 0 0 0 0
0 0 0 lD O N Lrl O O -i O Lrl O O N
N
0 0 0
0 0 0 0 0 0
O
N
'p
3
O O O O W Vl M
Dl -*
O O of Vl M O N N'll rl Z31 n n C14 -:r
O m w .--I .-I N Il U1 N n O W In Il M
r4
Gl
O lfl In
N N
O O Vl O O In
O O M Dl O N
O
W
W
m
N l0 Ol
. .
O N m m lD N N N Lf1 M 'L c -I N M
. . . . . . . . . .
M
.
O O N N O
. .
rl
.
co
O .-I Dl M lD M lD co co O Izt n
W
Il n
oo n .-I n
co
V
�
oo o)
W Dl Il
c -I Lf1 ^
oo m m
O c 00 Vl M M rn M W I� cy W w w n
N O N al N N M O Ln c -I N M lD lD W
D1
N .ti
c rl
00 O I� N
I, M
n
N
j,y
W I, Lm
(n
V
N N
c -i N
V
c N
N N
0 0 0 0 0 0 0
0 0 0 0 0 0 oo Ill O W O O Ill O O
O
0 0 0
0 0 0 0 0 0
O
R
N
0 0 0 0 0 0 0
0 0 0 0 0 0 lD 0 01� 0 0 W O O
O
0 0 0
0 0 0 0 0 0
O
Il
c
0 0 0 0 0 0 0
O O .-I 0 0 0 N O O m O O O O In
In
0 0 0
0 0 0 0 0 0
O
to
E
Dl O a O O Lr kl
op oo O O N O Cil
N N Ln LD M Il
kl
M
^
of
M
M
3
C
In Ol R
r N
N
M
N
W
f6
f6
f6
fO
f6
f6
0
0
F
F
F
F
F
F
4
d
d
D
d
d
W
�
C
CZ
C
C
U
G
a
LL
a
>
�
W
K
X
W z W
Ln
F-
W
K
X
W
W
h
V LL L
F
W N
W
m
W
U Z H
LL F Z < j V
C
N Z W W W N
w z
d
w w
O F F O z
a
N
O
w V
H Z Z cC w
O
O
N N O J to
W F W
In
O O
z u ON
cW
O Z W C O
tW w cavil n- z w a r z O Q
J J
Q Q~~ w
a o N N
z
LL
w w N Z
w w U 'n z p Of LJ O V O m a
2
Z Z w w w
O LL O u
} J ° Z O Z O w Z LL n n
O z
E- Z Z U
Z Z
LL W F Q U O }}}
u—
LL LL—— Q
w z U
Z
F O Q Z_ CC
U W } w K K Z_ Z Z Z
D
a
Q V7 Q J LL LL
z Q LL LL' i C>) H 0 F
N LL
O O O O
U W WH
c� c� c�
H J N > Q W O Y G G G
a:
Z
ar
N F LL Q
d
z z(D p LL z w LL a p
w Q
z z z z Q
E
L/)x
0 0 O N z u 0 0 0
z
m
LL z Q 2 O H
J LL o
m m m m LL
Z
a.+
L
O
Q
a
..
1ac
LLI
3
)
m
^ �"h
h `
3
D ":D �': D "`",I .'::'
H C" C? CN
F
7 C:? C:?
udi �+` "_
' fl
V
c it C
a r;:a ra r, �",
Cj 0 0 0 C
0I 0I 0I
cI c
(Q
,C
V
N J" I CII u" u h I h I h
7 u^ i„a1 ^1 ��
W
N
ar A? ',`.u"! 'Al `.u"! 'Al
'l uY"t `v
Ol
R R
� �
W 11
w w w.,�v
v v �,
�
�
of ^7 "7
� M
I
W
X "�
7
d
Q
I
P` I o"•� I v`:!
u, u,
I I o" I P`J P` I � I � .I P^I P^I r^
v"^ } } �l v
n } u u
M
O
rv`7 I�
IA
u"` u'"`v u,!
.,.y
,v
.,,
„
v > c
N m 'FU
M E
e -I
E
w 00O
N C Ql O
N i11
o " CO'
O r, M
v
r1 LL y
lu
Cm o
m
V Iq M
Y W Il
LD O1
m � W
n Ln
C � Ln
r
C
W
O
V
N
O
O
N
lD
ei
M
n
ei
O
N
T LD N lD N
N L!1 01 00
m n
f6 W N
rnF
V D N M
CO lD CO %D
m M O1 LlIlin
Di O Di
N 0 00
a %D
E
C
bD
Ol
C13
04 ti ti O N
m Ln .-I O w
3 I, Ol W
m n M N
M CO 00
n O ei
a pv
c N M
O O O
R
n
lD
co
W
M
M
N
O
F
4+
O
a
v
z
r
qq
10YN10N
Levo
�%BEACH
��e�� uououuu �RA
MMIU �U'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
CONSENT AGENDA
AGENDA ITEM 11.13
SUBJECT:
Approval of the Purchase and Sale Agreement for 225 NE 9th Avenue
On November 21, 2024, the CRA Board agreed to purchase the vacant lot located at 225 NE
9th Avenue in the amount of $300,000. The property is adjacent to multiple CRA lots which will
be used as part of a City/CRA project to extend NE 2nd Street from E. Martin Luther King, Jr.
Blvd. (south) to NE 9th Avenue (see Attachment 1). The property would help facilitate drainage
issues in the area as part of the NE 2nd Street expansion and the Martin Luther King, Jr. Blvd.
Streetscape Project.
CRA legal counsel has reviewed and approved the attached Purchase and Sale Agreement
for the Board's approval and execution (see Attachment 11).
FISCAL IMPACT:
FY 2024-2025 Budget, Project Fund, Line Item 02-58200-401 - $300,000
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan - Heart of Boynton District
CRA BOARD OPTIONS:
Approval of the purchase of 225 NW 9th Avenue in the amount of $300,000.00 and execution
of the Purchase and Sale Agreement by the Board Chair.
ATTACHMENTS:
Description
• Attachment I - Location Map
• Attachment II - Purchase & Sale Agreement -225 NE 9th Ave -Seller Executed
42
M
PURCHASE AND SALE AGREEMENT
This Purchase and Sale Agreement (hereinafter "Agreement") is made and entered into
as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part 111, of the
Florida Statutes (hereinafter "PURCHASER") and Southwest Jefferson, Inc., a Florida corporation
(hereinafter "SELLER").
in consideration of the mutual covenants and agreements herein set forth, the Parties
hereto agree as follows:
1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to
PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms
and conditions hereinafter set forth, the Properties located in Palm Beach County,
Florida (the "Properties") and more particularly described as follows:
225 NE 9th Avenue, Boynton Beach, FL 33435
PCN 08-43-45-29-01-003-0030
Lot 166, ARDEN PARK, according to the Plat thereof on file in the office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat
Book 2, Page 96; said lands situate, lying and being in Palm Beach County,
Florida.
2. PURCHASE PRICE AND PAYMENT The Purchase Price to be paid for the Property
shall be Three Hundred Thousand Dollars ($300,000.00), payable in cash, by wire transfer of
United States Dollars at the Closing.
3. DEPOSIT
3.1 Earnest Money Deposit Within five (5) Business Days after the execution
of the Purchase Agreement by both parties, PURCHASER shall deliver to Lewis, Longman &
Walker, PA ("Escrow Agent") a deposit in the amount of Five Thousand Dollars ($5,000.00) (the
"Deposit").
3.2 Agglication/Disbursement of Deposit. The Deposit shall be applied and
disbursed as follows:
The Deposit shall be delivered to SELLER at Closing and the PURCHASER shall receive credit for
such amount against the Purchase Price. If this Agreement is terminated during the Feasibility
Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the
PURCHASER. If this Agreement is terminated due to a default, pursuant to Section 12, the
PURCHASER's Initials:
SELLER's Initials: 4741
00704498-1 44
Purchase and Sale Agreement
Page 2 of 15
Deposit shall be delivered to (or retained by, as applicable) the non -defaulting Party, and the
non -defaulting Party shall have such additional rights, if any, as are provided in Section 12.
3.3 Escrow Agent. PURCHASER and SELLER authorize Escrow Agent to
receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper
authorization and in accordance with Florida law and the terms of this Agreement. The parties
agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to
PURCHASER and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of this
Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow,
Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable
attorney's fees and costs to be paid from the escrowed funds which are charged and awarded as
court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so
long as Escrow Agent consents to arbitrate.
4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the
date when the last one of the SELLER and PURCHASER has signed this Agreement.
5. CLOSING. The purchase and sale transaction contemplated herein shall close on
or before March 1, 2025 (the "Closing"), unless extended by other provisions of this Agreement
or by written agreement, signed by both parties, extending the Closing.
6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by
Warranty Deed complying with the requirements of the Title Commitment (hereinafter
defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear
of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other
conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real
estate taxes and special assessments for the year of Closing and subsequent years not yet due
and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of
record included on the Title Commitment or shown on the Survey (defined in Section 7), to
which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section
7.1 and Section 7.2 hereof.
7. FEASIBILITY PERIOD. The PURCHASER, and its designees shall have thirty (30)
days from the Effective Date of this Agreement ("Feasibility Period"), at PURCHASER's expense,
to make inquiries to determine if the Property is suitable for its intended use and to enter upon
the Property, at any time and from time to time with reasonable notice to SELLER and so long as
said investigations do not result in a business interruption, to perform any and all physical tests,
inspections, valuation appraisals and investigations of the Property, including but not limited to
Phase I and Phase 11 investigations, which PURCHASER may deem necessary. During this
Feasibility Period, PURCHASER may elect, in PURCHASER's sole and absolute discretion, to
terminate this contract and receive back all deposits hereunder. If PURCHASER elects to
PURCHASER's Initials:
SELLER's Initials: �L -6-
45
Purchase and Sale Agreement
Page 3 of 15
terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the
Property in substantially the condition existing on the Effective Date, subject to such
disturbance as was reasonably necessary or convenient in the testing and investigation of the
Property; (ii) to the extent practicable, shall repair and restore any damage caused to the
Property by PURCHASER's testing and investigation; and (iii) release to SELLER, at no cost, all
reports and other work generated as a result of the PURCHASER's testing and investigation.
PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims,
losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for
nonpayment for services rendered to PURCHASER (including, without limitation, any
construction liens resulting therefrom) or for damage to persons or property (subject to the
limitation on practicability provided above) arising out of PURCHASER's investigation of the
Property. However, PURCHASER's indemnification obligations shall not exceed its statutory
limits as provided within Section 768.28, Florida Statutes, and PURCHASER does not waive its
sovereign immunity rights. SELLER hereby agrees to indemnify and hold PURCHASER harmless
from and against all claims, losses, expenses, demands and liabilities, including, but not limited
to, attorney's fees, for nonpayment for services rendered to SELLER or for damage to persons or
property (subject to the limitation on practicability provided above) arising out of PURCHASER's
investigation of the Property. SELLERS' obligations under this Section shall survive the
termination, expiration or Closing of this Agreement.
7.1 Title Review. Within twenty (20) days of the Effective Date, SELLER shall
obtain, at the SELLER's expense, from a Title Company chosen by SELLER (hereinafter "Title
Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in
the amount of the Purchase Price subject only to the Permitted Exceptions, together with
complete and legible copies of all instruments identified as conditions or exceptions in Schedule
B of the Title Commitment. Any and all assessments, outstanding utility charges, liens and
other matters not constituting Permitted Exceptions shall be paid by Seller prior to or at closing
from Seller's proceeds. PURCHASER shall examine the Title Commitment and deliver written
notice to SELLER no later than thirty (30) days after the Effective Date notifying SELLER of any
objections PURCHASER has to the condition of title (hereinafter "Title Objections"). if
PURCHASER fails to deliver the Title Objections to SELLER within the aforesaid review period,
title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If
PURCHASER timely delivers the Title Objections, then SELLER shall have thirty (30) days to
diligently and in good faith undertake all necessary activities to cure and remove the Title
Objections (hereinafter "Cure Period"). in the event that SELLER is unable to cure and remove,
or cause to be cured and removed, the Title Objections within the Cure Period, to the
satisfaction of PURCHASER, then PURCHASER, in PURCHASER's sole and absolute discretion,
shall have the option of (i) extending the Cure Period and the Closing for one additional thirty
(30) day period, or (ii) accepting the title as it then is but using such portion of the Purchase
Price as may be necessary to pay and satisfy any mortgages, outstanding utility charges,
delinquent property taxes and/or code enforcement and contractors' liens or other recorded
PURCHASER's Initials:
SELLER's Initials:
Purchase and Sale Agreement
Page 4 of 15
claims of lien upon the property, or (iii) canceling and terminating this Agreement, in which
case, the Deposit shall be returned to PURCHASER and the Parties shall have no further
obligations or liability hereunder, except for those expressly provided herein to survive
termination of this Agreement.
Prior to the Closing, PURCHASER shall have the right to cause the Title Company
to issue an updated Title Commitment ("Title Update") covering the Property. If any Title
Update contains any conditions which did not appear in the Title Commitment, and such items
render title unmarketable, PURCHASER shall have the right to object to such new or different
conditions in writing prior to Closing. All rights and objections of the Parties with respect to
objections arising from the Title Update shall be the same as objections to items appearing in
the Title Commitment, subject to the provisions of this Section.
7.2. Survey Review. PURCHASER, at PURCHASER's expense, shall obtain a
current boundary survey (the "Survey") of the Property, indicating the number of acres
comprising the Property to the nearest 1/100th of an acre. if the Survey discloses
encroachments on the Property or that improvements located thereon encroach on setback
lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or
applicable governmental regulations, the same shall constitute a title defect and shall be
governed by the provisions of Section 7.1 concerning title objections.
7.3 SELLER Deliveries.
SELLER shall deliver to PURCHASER the following documents and instruments
within ten (10) days of the Effective Date of this Agreement, except as specifically indicated:
7.3.1 Copies of any reports or studies (including engineering,
environmental, soil borings, and other physical inspection reports), in SELLER's possession or
control with respect to the physical condition or operation of the Property, if any.
7.3.2 Copies of all licenses, variances, waivers, permits (including but
not limited to all surface water management permits, wetland resource permits, consumptive
use permits and environmental resource permits), authorizations, and approvals required by
law or by any governmental or private authority having jurisdiction over the Property, or any
portion thereof (the "Governmental Approvals"), which are material to the use or operation of
the Property, if any.
7.3.3 Prior to the Closing Date, SELLER shall execute and deliver to
PURCHASER any and all documents and instruments required by PURCHASER, in PURCHASER's
sole and absolute discretion, which: (i) effectuate the transfer to PURCHASER of those
Governmental Approvals, or portions thereof which are applicable to the Property, that
PURCHASER desires to have assigned to it, and/or (ii) cause the Property to be withdrawn from
PURCHASER's Initials:
SELLER's Initials: C
47
Purchase and Sale Agreement
Page 5 of 15
any Governmental Approvals. No later than thirty (30) days prior to the Closing Date, SELLER
shall remedy, restore, and rectify any and all violations of the Governmental Approvals
(including, but not limited to, any and all portions of the surface water management system,
mitigation areas or other items which do not comply with the Governmental Approvals or
applicable rules), if any. SELLER warrants that there will not be, at the time of Closing, any
unrecorded instruments affecting the title to the Property, including, but not limited to any
conveyances, easements, licenses or leases.
8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the
purchase of the Property unless each of the following conditions (collectively, the "Conditions to
Closing") are either fulfilled or waived by PURCHASER in writing:
8.1. Representations and Warranties., All of the representations and
warranties of SELLER contained in this Agreement shall be true and correct as of Closing.
8.2. Condition of Property. The physical condition of the Property shall be the
same on the date of Closing as on the Effective Date, reasonable wear and tear excepted.
8.3. Pending Proceedings. At Closing, there shall be no litigation or
administrative agency or other governmental proceeding of any kind whatsoever, pending or
threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER.
8.4. Compliance with Laws and Regulations. The Property shall be in
compliance with all applicable federal, state and local laws, ordinances, rules, regulations,
codes, requirements, licenses, permits and authorizations as of the date of Closing.
8.5. Occupancy, The property is a vacant lot and shall be conveyed to the
PURCHASER at time of closing unoccupied.
9. CLOSING DOCUMENTS. The PURCHASER shall prepare, or cause to be prepared,
the Closing Documents set forth in this Section, except for documents prepared by the SELLER'S
Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and
delivered to PURCHASER the following documents and instruments:
9.1. Deed. A Warranty Deed (the "Deed") conveying to PURCHASER valid,
good, marketable and insurable fee simple title to the Property free and clear of all liens,
encumbrances and other conditions of title other than the Permitted Exceptions.
9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit
attesting that, to the best of its knowledge, no individual or entity has any claim against the
Property under the applicable construction lien law; and that there are no parties in possession
PURCHASER's Initials:
SELLER's Initials:
48
Purchase and Sale Agreement
Page 6 of 15
of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non -foreign
affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits
referenced above, the same shall be deemed an uncured title objection.
9.3. Closing Statement. A closing statement setting forth the Purchase Price,
the Deposit, all credits, adjustments and prorations between PURCHASER and SELLER, all costs
and expenses to be paid at Closing, and the net proceeds due SELLER, which PURCHASER shall
also execute and deliver at Closing.
9.4. Corrective Documents. Documentation required to clear title to the
Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions.
9.5. Additional Documents. Such other documents as PURCHASER or the Title
Company may reasonably request that SELLER execute and deliver, and any other documents
required by this Agreement or reasonably necessary in order to close this transaction and
effectuate the terms of this Agreement.
10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES.
10.1. Prorations. Assessments, rents, interest, insurance and other expenses of
the Property shall be prorated through the day before Closing. PURCHASER shall have the
option of taking over existing policies of insurance, if assumable, in which event premiums shall
be prorated. Cash at Closing shall be increased or decreased as may be required by prorations
to be made through the day prior to Closing. Advance rent and security deposits, if any, will be
credited to PURCHASER. Taxes shall be prorated based upon the current year's tax with due
allowance made for maximum allowable discount.
10.2 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section
196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of
closing into escrow with the Palm Beach County Tax Collector's Office. in the event that, following
the Closing, the actual amount of assessed real property tax on the Property for the current year is
higher than any estimate of such tax used for purposes of the Closing, the parties shall re -prorate
any amounts paid or credited based on such estimate as if paid in November. This shall survive the
Closing.
10.3. Special Assessment Liens. Certified, confirmed and ratified special
assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens
as of Closing shall be assumed by PURCHASER. If the improvement has been substantially
completed as of the Effective Date, any pending lien shall be considered certified, confirmed or
ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or
assessment for the improvement by the public body.
PURCHASER's Initials:
SELLER's Initials: (2 (L t
49
Purchase and Sale Agreement
Page 7 of 15
10.4. Closing Costs. PURCHASER shall be responsible for recording the deed
and half of all general closing expenses (settlement fee, courier fees, overnight package, etc.).
SELLER is responsible for documentary stamps on the deed and half of all general closing
expenses and their own legal fees. All other costs of closing shall be borne by PURCHASER.
10.5 Closing Procedure. PURCHASER shall fund the Purchase Price subject to
the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall
execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at
Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a
"marked -up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and
other recordable Closing Documents in the appropriate public records.
10.6 Existing Mortgages and Other Liens At Closing, SELLER shall obtain, or
cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments
applicable to and encumbering the Property.
11. REPRESENTATIONS, COVENANTS AND WARRANTIES. To induce PURCHASER to
enter into this Agreement, SELLER makes the following representations, all of which, to the best
of its knowledge, in all material respects and except as otherwise provided in this Agreement (i)
are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives
information to the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall
be provided immediate notice as to the change to the following representations:
11.1 At all times from the Effective Date until prior to Closing, SELLER shall keep
the Property (whether before or after the date of Closing) free and clear of any mechanic's or
materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER
prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and
against all expense and liability in connection therewith (including, without limitation, court costs
and reasonable attorney's fees).
11.2 SELLER has no actual knowledge nor has SELLER received any notice of any
litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any
organization, person, individual or governmental agency which would affect (as to any threatened
litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value
of the Property or any part thereof or which would otherwise relate to the Property.
11.3 SELLER has full power and authority to enter into this Agreement and to
assume and perform its obligations hereunder in this Agreement. SELLER does not and will not
conflict with or result in the breach of any condition or provision, or constitute a default under, or
result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property
PURCHASER's Initials:
SELLER's Initials: L2 LJ.
50
Purchase and Sale Agreement
Page 8 of 15
or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement,
indenture, instrument or judgment to which the SELLER is a party of which is or purports to be
binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal
or other governmental department, commission, board, bureau or instrumentality is necessary to
make this Agreement a valid instrument binding upon the SELLER in accordance with its terms.
11.4 SELLER represents that SELLER will not, between the date of this Agreement
and the Closing, without PURCHASER'S prior written consent, which consent shall not be
unreasonably withheld or delayed, except in the ordinary course of business, create any
encumbrances on the Property. For purposes of this provision the term "encumbrances" shall
mean any liens, claims, options, or other encumbrances, encroachments, rightsofway, leases,
easements, covenants, conditions or restrictions. Additionally, SELLER represents that SELLER will
not, between the date of this Agreement, and the Closing take any action to terminate or
materially, amend or alter any existing leases presently in existence, without the prior consent of
PURCHASER, which consent shall not be unreasonably withheld or delayed.
11.5 SELLER represents that there are no parties other than SELLER in possession
of the Property or any portion of the Property as a lessee.
11.6 SELLER shall not list or offer the Property for sale or solicit or negotiate
offers to purchase the Property white this Agreement is in effect. SELLER shall use its best efforts
to maintain the Property in its present condition so as to ensure that it shall remain substantially in
the same condition from the conclusion of the Feasibility Period to the Closing Date.
11.7 SELLER has no actual knowledge nor has SELLER received any notice of
any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property
by any organization, person, individual or governmental agency which would affect (as to any
threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use,
occupancy or value of the Property or any part thereof or which would otherwise relate to the
Property.
11.8 SELLER represents that it has no actual knowledge, nor has it received any
notice that the Property has been, is presently or is contemplated to be utilized as a reservoir of
hazardous material. As used herein, the term "Hazardous Material" shall mean any substance,
water or material which has been determined by any state, federal or local government
authority to be capable of posing a risk of injury to health, safety and property, including, but
not limited to, all of those materials, wastes and substances designated as hazardous or toxic by
the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department
of Transportation, and/or any other state or local governmental agency now or hereafter
authorized to regulate materials and substances in the environment (collectively "Governmental
Authority(ies)").
PURCHASER's Initials:
SELLER's Initials: p" CSI .
51
Purchase and Sale Agreement
Page 9 of 15
11.9 SELLER represents to PURCHASER that the Property is not subject to any
deed restrictions or declaration of restrictions running with the Property which would affect the
use of the Property except those constituting Permitted Exceptions as defined above.
11.10 Between the date of this Agreement and the date of closing, SELLER will
not file any application for a change of the present zoning classification of the Property.
11.11 Authority, The execution and delivery of this Agreement by SELLER and
the consummation by SELLER of the transaction contemplated by this Agreement are within
SELLER'S capacity and all requisite action has been taken to make this Agreement valid and
binding on SELLER in accordance with its terms. The person executing this Agreement on behalf
of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement
represents a valid and binding obligation of SELLER.
11.12 Title. SELLER is and will be on the Closing Date, the owner of valid, good,
marketable and insurable fee simple title to the Property, free and clear of all liens,
encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances
of record which will be discharged at Closing).
11.13 Additional Warranties and Representations of SELLER. As a material
inducement to PURCHASER entering into this Agreement, SELLER, to the best of SELLER'S
information and belief, hereby represents and warrants the following:
11.13.1 There are no pending applications, permits, petitions, contracts,
approvals, or other proceedings with any governmental or quasi -governmental authority,
including but not limited to, PURCHASER, municipalities, counties, districts, utilities, and/or
federal or state agencies, concerning the use or operation of, or title to the Property or any
portion thereof and SELLER has not granted or is not obligated to grant any interest in the
Property to any of the foregoing entities.
11.13.2 There are no facts believed by SELLER to be material to the use,
condition and operation of the Property in the manner that it has been used or operated, which it
has not disclosed to PURCHASER herein, including but not limited to unrecorded instruments or
defects in the condition of the Property which will impair the use or operation of the Property in
any manner.
11.13.3 To the best of SELLER'S knowledge, the Property and the use and
operation thereof are in compliance with all applicable county and governmental laws,
ordinances, regulations, licenses, permits and authorizations, including, without limitation,
applicable zoning and environmental laws and regulations.
PURCHASER's Initials:
SELLER's Initials:.;: G ..
52
Purchase and Sale Agreement
Page 10 of 15
12. DEFAULT.
12.1. PURCHASER's Default. in the event that this transaction fails to close due
to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of
Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by
Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither PURCHASER nor
SELLER shall have any further obligation or liabilities under this Agreement, except for those
expressly provided to survive the termination of this Agreement; provided, however, that
PURCHASER shall also be responsible for the removal of any liens asserted against the Property
by persons claiming by, through or under PURCHASER, but not otherwise. PURCHASER and
SELLER acknowledge that if PURCHASER defaults, SELLER will suffer damages in an amount
which cannot be ascertained with reasonable certainty on the Effective Date and that the
amount of the Deposit being held by Escrow Agent most closely approximates the amount
necessary to compensate SELLER. PURCHASER and SELLER agree that this is a bona fide
liquidated damages provision and not a penalty or forfeiture provision.
12.2. Seller's Default. in the event that SELLER shall fail to fully and timely
perform any of its obligations or covenants hereunder or if any of SELLER'S representations are
untrue or inaccurate, then, notwithstanding anything to the contrary contained in this
Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement
by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and
demand that the Deposit be returned, including all interest thereon if any, in accordance with
Section 3 and neither Party shall have any further rights hereunder, or (2) seek specific
performance of this Agreement, without waiving any action for damages.
12.3. Notice of Default. Prior to declaring a default and exercising the remedies
described herein, the non -defaulting Party shall issue a notice of default to the defaulting Party
describing the event or condition of default in sufficient detail to enable a reasonable person to
determine the action necessary to cure the default. The defaulting Party shall have fifteen (15)
days from delivery of the notice during which to cure the default, provided, however, that as to
a failure to close, the cure period shall only be three (3) business days from the delivery of
notice. Both parties agree that if an extension is requested, such extension shall not be
unreasonably withheld. If the default has not been cured within the aforesaid period, the non -
defaulting Party may exercise the remedies described above.
12.4. Survival. The provisions of this section shall survive the termination of
this Agreement.
13. NOTICES. All notices required in this Agreement must be in writing and shall be
considered delivered when received by certified mail, return receipt requested, or personal
PURCHASER's Initials:
SELLER's Initials:
53
Purchase and Sale Agreement
Page 11 of 15
delivery to the following addresses:
If to Seller:
Jo6c, t -J FALA6T—(Z,- FACK P--0
Q.-rr (5 41332-
L3 o c.A
32-
3oc.A &A-raQ, FL 334-33
If to Purchaser: Timothy Tack, Acting Executive Director
Boynton Beach Community Redevelopment Agency
100 E. Ocean Avenue, 4th Floor
Boynton Beach, FL 33435
With a copy to: Kenneth Dodge
Lewis, Longman & Walker, PA
360 South Rosemary Avenue
Suite 1100
West Palm Beach, FL 33401
14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this
Agreement are hereby made binding on, and shall inure to the benefit of the successors and
permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement
without the prior written consent of PURCHASER, which shall not be unreasonably withheld.
PURCHASER shall have the right to assign this Agreement to the City of Boynton Beach (the
"City") without the prior consent of SELLER and the PURCHASER shall be released from any
further obligations and liabilities under this Agreement. The PURCHASER may not assign this
Agreement to any other party without the prior written approval of SELLER, which shall not
unreasonably withheld. If PURCHASER has been dissolved as an entity while this Agreement
and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florida
Statutes, (as it may be amended from time to time), shall apply.
15. BROKER FEES. The SELLER and PURCHASER hereby state that they have not dealt
with a real estate broker in connection with the transaction contemplated by this Agreement
and are not liable for a sales commission. SELLER shall indemnify, defend and hold harmless the
PURCHASER from and against any and all claims, losses, damages, costs or expenses (including,
without limitation, attorney's fees) of any kind or character arising out of or resulting from any
agreement, arrangement or understanding alleged to have been made by SELLER on its behalf
with any broker or finder in connection with this Agreement. The provisions of this Section shall
survive Closing or termination of this Agreement.
PURCHASER's Initials:
SELLER's Initials:
54
Purchase and Sale Agreement
Page 12 of 15
16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any
hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant,
petroleum, petroleum product or petroleum by-product as defined or regulated by environmental
laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of
such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal,
state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions.
16.1.1 As a material inducement to PURCHASER entering into this Agreement,
SELLER hereby warrants and represents the following, as applicable:
(1) That SELLER and occupants of the Property have obtained and are
in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or
contiguous property owned by SELLER, to the best of SELLER'S knowledge.
(2) SELLER is not aware, nor does it have any notice of any past,
present or future events, conditions, activities or practices which may give rise to any liability or
form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the
Property. SELLER is not aware, nor does it have any notice of any past, present or future events,
conditions, activities or practices on contiguous property that is owned by SELLER which may give
rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of
any Pollutant affecting the SELLER'S property.
(3) There is no civil, criminal or administrative action, suit, claim,
demand, investigation or notice of violation pending or, to the best of that entity's knowledge,
threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the
Property, any portion thereof, or on any contiguous property owned by SELLER.
17. PUBLIC RECORDS. PURCHASER is a public agency subject to Chapter 119, Florida
Statutes. The SELLER is hereby notified that the PURCHASER is required by law, pursuant to
Chapter 119, to maintain and disclose upon request all records deemed public under the statute
including this Agreement and some or all of the documents necessary to consummate the
transaction set forth herein. To the extent that any litigation should be instituted by SELLER,
either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing
documents involving this Agreement or the transaction set forth in the Agreement pursuant to a
public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either:
1) defend the claim up to and including final judgment, or 2) interplead the challenged documents
into the court. In either event, SELLER agrees to pay PURCHASER's reasonable attorneys' fees and
costs, both trial and appellate.
18. MISCELLANEOUS.
PURCHASER's Initials:
SELLER's Initials:
55
Purchase and Sale Agreement
Page 13 of 15
18.1. General. This Agreement, and any amendment hereto, may be executed
in any number of counterparts, each of which shall be deemed to be an original and all of which
shall, together, constitute one and the same instrument. The section and paragraph headings
herein contained are for the purposes of identification only and shall not be considered in
construing this Agreement. Reference to a Section shall be deemed to be a reference to the
entire Section, unless otherwise specified. No modification or amendment of this Agreement
shall be of any force or effect unless in writing executed by the Parties. This Agreement sets
forth the entire agreement between the Parties relating to the Property and all subject matter
herein and supersedes all prior and contemporaneous negotiations, understandings and
agreements, written or oral, between the Parties. This Agreement shall be interpreted in
accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of
any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit, in
and for Palm Beach County, Florida, or, should any cause of action be limited to federal
jurisdiction only, in the United States District Court for the Southern District of Florida.
18.2. Computation of Time. Any reference herein to time periods which are
not measured in business days, and which are less than six (6) days, shall exclude Saturdays,
Sundays and legal holidays in the computation thereof. Any time period provided for in this
Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the
next full business day. Time is of the essence in the performance of all obligations under this
Agreement. Time periods commencing with the Effective Date shall not include the Effective
Date in the calculation thereof.
18.3. Waiver. Neither the failure of a party to insist upon a strict performance
of any of the terms, provisions, covenants, agreements and conditions hereof, nor the
acceptance of any item by a party with knowledge of a breach of this Agreement by the other
party in the performance of their respective obligations hereunder, shall be deemed a waiver of
any rights or remedies that a party may have or a waiver of any subsequent breach or default in
any of such terms, provisions, covenants, agreements or conditions. This paragraph shall
survive termination of this Agreement and the Closing.
18.4. Construction of Agreement. The Parties to this Agreement, through
counsel, have participated freely in the negotiation and preparation hereof. Neither this
Agreement nor any amendment hereto shall be more strictly construed against any of the
Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the
feminine, the singular shall include the plural, and the plural shall include the singular, as the
context may require. Provisions of this Agreement that expressly provide that they survive the
Closing shall not merge into the Deed.
18.5. Severability. If any provision of this Agreement or the application thereof
shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of
PURCHASER's Initials:
SELLER'S Initials: C_"(
56
Purchase and Sale Agreement
Page 14 of 15
this Agreement nor the application of the provision to other persons, entities or circumstances
shall be affected thereby, but instead shall be enforced to the maximum extent permitted by
law. The provisions of this Section shall apply to any amendment of this Agreement.
18.6 Handwritten Provisions. Handwritten provisions inserted in this
Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict
therewith.
18.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter
into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or
proceeding brought by either party against the other party pertaining to any matter whatsoever
arising out of or in any way connected with this Agreement.
18-8. Attorneys Fees and Costs Should it be necessary to bring an action to
enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including
those at the appellate level, shall be awarded to the prevailing party.
18.9 Binding Authority. Each party hereby represents and warrants to the
other that each person executing this Agreement on behalf of the PURCHASER and SELLER has
full right and lawful authority to execute this Agreement and to bind and obligate the party for
whom or on whose behalf he or she is signing with respect to all provisions contained in this
Agreement.
18.10 Recording. This Agreement may not be recorded in the Public Records of
Palm Beach County, Florida without the prior approval of both parties.
18.11 Survival. The covenants, warranties, representations, indemnities and
undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and
recording of the SELLER'S Property Deed and PURCHASER's possession of the Property.
18.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that
SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in
connection with the transaction contemplated by this Agreement.
date.
SIGNATURES ON FOLLOWING PAGE.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
PURCHASER's Initials:
SELLER's Initials: 0,
57
Purchase and Sale Agreement
Page 15 of 15
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
Printed Name: Ty Penserga
Title: Chair
Date:
WITNESS:
Printed Name:
ESCROW AGENT'
LEWIS, LONGMAN & WALKER, P.A.
Printed Name:
Date:
SELLER:
SOUTHWEST JEFFERSON, INC.
Jrvp
Printed Nam
Title: Vhf
Date:
WITNESS:
Printed Name:I ` �kjjr,'01
PURCHASER's Initials:
SELLER's Initials: C
58
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII���UV�V'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
CONSENT AGENDA
AGENDA ITEM 11.0
SUBJECT:
Approval of Execution of Showing Agreement for 419 N. Seacrest Boulevard
SUMMARY:
On November 21, 2024, the CRA Board approved the purchase of the property located at 419
N. Seacrest Boulevard. The brokerage firm in which the property was listed requires their
agents to have potential buyers execute a Showing Agreement (see Attachment 1).
The Showing Agreement has been reviewed and approved by CRA legal.
FISCAL IMPACT:
N/A
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton District
CRA BOARD OPTIONS:
Approval of the Execution of the Showing Agreement for the property located at 419 N.
Seacrest Boulevard and authorize Board Chair to sign the Agreement.
ATTACHMENTS:
Description
• Attachment I - Showing Agreement 419 N. Seacrest Blvd.
Showing Agreement
1"�� a o r s
I. PARTIES: Beach Community RedevejWment Ager'g�
cy
("Consumer`)
tato
ced
ng,ees That if, betvieerr 2— ---------
� I 1 119 p,rn onctoberU-024 Consumer becorn(,,�,,
tour�rjg. rjegotrafit)rj the PLHCh�lSf," OpVr)��. exCf'�aj,jg J�, . --
t asc or othcr acq,,w,:;(tion of any of �he properties Hsted
be'ow, Consumer WHI LlWiZe the profession a; services of Destinations Realty ("Broker"),
Should Consumer enteinto eiVier a fofly exec,iled contra'C"t' s--eo`ra-,(-,ontra(,t to lease on Property listed in
paagraph 2, the temof diis, Agreenient vaj extend thru,igh thf-,,, rf,�Ip oll o)e �ictual ck)sing or Je ,as , e, e
e c 0
I x tjtj t,r j)y
alf parties.
2. PROPERTY: I'his A�,freeinent apr,,,4ies to tl-ie follows, ng m-operties,
i -19A —Seqc—rest.�Slvd, PoyntcnjeLch. fL 33435
3. BROKER'S OBLIGATIONS:
(a) Broker Assistance, If Consumer vv.lClis to raP90'iate a transactj�n on any of the above proper lees, Broker wilt:
use Broker's Professional knowledge and skifls�
use diligent Pffort to show Consumer the ab&,re-dlescr ibed properties;
assist
roperltiesl-
assist Consumer in degWiating arid closing any resulting ffansaclor
, arid
Cooperate with real estate licensees wcrk,Jng vvith the cvvner, if airy, to a tra!jsactior).
(b) Other Consumers, Consurrier agrees that Broker may W01K With ollf'�rel pfoSpecljve c,orlsurraers Wf)o want to acqw I re
the same property as Consumer. Consumer agocs that Broker may make competing consurners aware of tfjo
existence of any offer Consumer makes, so long as Broker does not reveal anY matera( terms or conditions of the offer
without Consumer's prior written consent,
(c) Fair Housing. Broker adheres to the prinq);es expressed in the Fair, Housrlg Act and vJlf not particrpate�, in any act
,hat unlaWfUty discriminates on the basis of race, color, religion, sex, hand,cap, fan,04 status, country of nafionji origir,
01' any Other Calegory pro'ec,ed under federal, state or local law.
(d) Service Providers. Broker doez,, nol, warrant or qiarantee products or 1,.rrovded by any third paNy wljon-j
Broker refers or recornmends to Consumer in cornection with property, acs uisifion
4. CONSUMER'S OBLIGATIONS ; Consumer agrees to cooperate with Broker in accornplishing Vie objectives of this
Agreernent, including:
inirnodiately contacting Broker upon deciding to negotiate for tide acquisition of one or rnrxe� of the abrovf,2,-listed properties:
• informing any other real estate Iic,,ensee with wh,,-.)rn Consumer has contact that Consumer has contracted to work Mth
Broker with regard to the properties listed ahove:
- providing Broker and necessary third parties (i.e., any lender, closing agent, ate.) With accurate information requested
by Broker or third parties in connection with ensuring Consumer's abihty to acquire property. Consumer authorizes
Broker to run a credit check to verify Consumer's credit information,
- indemnifying and holding Broker harmless from losses, damages, costs, and expenses of any nature, that Broker
incurs because of Consumer's negligence, misrepresentations, or default oil any agreement;
- consulting appropriate, professionals for legaP, tax, e� engineers r,g, fo,eigti ropnrTing reqUirenients arr,11 a:a her
specialized advice: and
- rnaking a d;ligent good faftl-,, effod to perforrr the coniract terms r.)f ar; purchase agreement or contract to (ease, arid
ckise on the sale of ary property Consumer con ,dots to acqlme
5,COMPENSATION: Broker's i,orvpc,ns@tron ir:i c:,,.r--n(.,d dui' m', ten) cf rh,r il,greernenf or worry
Cr' torsion
Car Unler of anY ac'�ng 'or dDr wbe h<:aCf of Consurner, t,, ac.,qk.fjie jc�aj prc)perty as spedfied
in tEfls Agreemont. This on is f�Dr Broke"s Consufner, by Broker If my,
florn an owner or fr)f services to Consurner V.fH! Eid"-'ce- any a,,-vnourit (,,)pied t,,y Consumer per
this paragfaph,
C,onsurnrr ar-knoWedge receilpt of a copy of this page, whch rs Paqe I Of 2
s -Z Ro,, "24
2024 F rjvda
P1 r I i y 60
Purchase or
f,AIS $395.00
no late, (,;;,,Ied' only pufc;hase:
r than the d,,,ite �,j cl(;sI�[(',
ad, YS not a for Broker's, fee
being earric c0"I'Act: howevei, c"OS,M)
00 Lease� S
ep
0, f, e �4ec� -pe) or
"ISC V�,�, tl� P",iyahle W I �er,
phis S---- n�y Onv*, of hr, gr le,
v,ith the ow�jer, tf ConSUMer o�;s
aUrc.elnent, ti ,F W110urt of lh�,'� IOzis�tlg fee wh,ch Broker
M.1,-Clives m;� be, crcdred towa�d trie rr,or-W' (Jije Broker fco
Cornpens"ation fnr all acquisibor:
6. RETAINER A non-refundable retainer fee of s g.50 for Broker*s serfor
Consumer (""Detainer") is earned and payable upon
execution of this Agreernent, This Retainer is viicesn additionprovided to any
compensation earned by Broker. Broker and Consumer agree the Retainer is for the real estate services described
herein and does not constitute a fee paid for a rental information list as described in section 475,453, Florida Stat rtes,
7, AMMONALTERMS: Bier avid not be res or�sib62-�an
gQMmissions due to Listi a
iLEE- —al ty- L
DISPUTE RESOLUTIOW This Agreement will be construed under Florida law, Ali controversies, claims, and other matters
in question between the parties arising out of or relating to this Agreement or the breach thereof will be settled by first
attempting mediation by mediator agreed upon by the parties. If litigation arises out of this Agreement, the prevailing party
will be entitled to recover reasonable attorney's fees and costs, unless the parties agree that disputes will be settled by
arbitration as follows: Arbitration: By initialing in the space Provided, Consumer (
Associate ), Broker or Authorized
in which th agree that disputes not resolved by mediation will be settled by neutral binding arbitration in the county
� irop;rty is located in accordance with the rules of the American Arbitration Association or other arbitrator
agreed upon by the parties. Each party to any arbitration (or litigation to enforce the arbitration provision of this Agreement
or an arbitration award) will Pay its own fees, costs, and expenses, including attorney's fees, and will equally split the
arbitrator's fees and administrative fees of arbitration,
9, ACKNOWLEDGMENT, MODIFICATIONS, Consurner has read rhls Agreement air d and erstards its c ntenTS,
signed by, h(Dth Paili", Eleciroi,�jc sjgr,jatt�r s will be, acceptaclk,,,
Agrf,,el-nent cannot be changed except by vv�jttc��j agre 0 is
and binding, e
Sf°ec of raker receive
ou e Ill t ex e th an 0 t t Or * ate agreed to with Consume", How8ver, Cons'-u—tt--'-
ra
receive separate compensation, frorrT cw-n-`er- o- Consumer
agrees that Broker rn,
Broker, for which Cons' f the p'Operty fo"r se�,vjc(-�s renderecl to owner by
umer �,vih riot be resp,,orisible
D`te: Consumer
Address:
zlp...... Facsirliile
Date,, Consumer:
AcIciress
To He,
AuthorizedAssociateiBiokev 4.
COPY retUrllled tO Consumer c,i
fl
So �jl d'-;; mail
RE: A L T(DRS
Sea c�r e fe'. S fYF 09,W as
RE-ALTOW REALTOR' a f-qjst�co) -,r
REA� TORS� ,g ,Ili r l, ,e bWS", na: k v,h o,r ff',,: 'DO 1,ed c� ia
2 of E -i T?,o, C"op"Ir �v— 4w,:' U�, 7 U on n,, s of !�H, NAI IONAL
t", fS C' 1( S's o A'T K) N C, F
!e�Wdinq fac-, r1r, , or romp�, to;�,7S S, C ei
consunle�
SA -4 Qke�AUthOrZ8,d Asso acknowf�3cjge receipC or a cc)py
. t , S p@16�, wj ucJ, is Pape L
61
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII,�00�U'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
CONSENT AGENDA
AGENDA ITEM 11.D
SUBJECT:
Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $21,000 to
Loveli Tea LLC located at 306 E. Boynton Beach Boulevard
SUMMARY:
The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or
expanding businesses located within the CRA boundaries with rent payment assistance for a
maximum period of 12 months.
CRA staff has received a complete grant application from Loveli Tea LLC located at 306 E.
Boynton Beach Boulevard, Boynton Beach, FL 33435 (see Attachments 1-11). Loveli Tea is
excited to bring an authentic Asian Boba Tea experience along with homemade mochi
pastries and ramen noodle dishes.
As a take-out restaurant, Loveli Tea plans to employ six employees ranging from front of
house to manager, food prep and dishwasher.
Under the terms of their proposed Landlord -Tenant Lease Agreement, the base rent to be paid
by the applicant is $4,000 per month (see Attachment III). Loveli Tea qualifies as a Tier II
business (as specified in the grant application) and would receive reimbursement for one-half
of their monthly rent amount or maximum grant amount of $1,750 per month for a 12 -month
period, whichever is less.
If approved, Loveli Tea would be reimbursed in the amount of $1,750/month for a period of 12
months or a total grant amount of $21,000 during its first year of business. Grant
reimbursements to the approved applicant occur on a monthly basis with proof of rent
payments.
FISCAL IMPACT:
FY 2024-2025 Budget, Project Fund, Line Item 02-58400-444, $21,000
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan
CRA BOARD OPTIONS:
Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $21,000
62
to Loveli Tea LLC located at 306 E. Boynton Beach Boulevard, Boynton Beach, FL 33435.
ATTACHMENTS:
Description
• Attachment I - Commercial Rent Reimbursement Grant Application
• Attachment II - Location Map
• Attachment III - Lease
63
BOY'NTO,N
RA
Ong=
COMMUMI Y WIDEVELOPMEINT AGENCY
The Commercial Rent Reimbursement Grant Program is designed to help facilitate the
establishment of new businesses and aid in the expansion of existing businesses within
the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The
program is designed to provide financial assistance to new and existing businesses in the
form of rent reimbursement intended to help businesses during the critical first year of
operation or expansion,
The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement
Grant Program application and to deny payment at any time if, in its sole and absolute
discretion, it determines that the business will not advance the goals and objectives
established for redevelopment of the BBCRA Area. The receipt of past payments is not a
guarantee of future payments.
For purposes of this application, the term "new business" means a company in operation
for less than one year or relocating to Boynton Beach. The term "existing business" means
a company that has been in operation within the BBCRA Area for a minimum of two years
at the time of application and has at least two years remaining on its existing lease at the
time of Board approval.
The BBCRA is a public agency and is governed by the "Florida Public Records Law"
under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s)
may be produced by the BBCRA upon receipt of a public records reqUeSt, subject to any
exemptions provided by Florida Law,
Page 1 of '12
Rent Reirnbursernent
100 East Ocean Avenue, 411, Floor, Boynton Beach, F-1. Phom (561) 600 - 9090
www boyntonbeachcra.corn
64
Incentive FUnding
Commercial Rent Reimbursement Grant Program offers financial assistance through
a reimbursable grant in the form of a monthly rent reimbursement for the first 12 months
of business. New businesses are eligible to apply for assistance for up to one year from
the issuance of the City of Boynton Beach Business Tax Receipt.
Rent Reimbursements will not be paid until all construction has ended, permits are closed
out, City and County licenses are obtained, and the business is open for operation under
a Temporary Certificate Of Occupancy (TCO) or a Certificate of Occupancy (CO).
However, if the construction is for expansion of an existing business, and the existing
business property remains open during construction of the expansion, the Applicant is
eligible to receive rent reimbursement for the portion of the business that is not under
construction so long as that portion remains operational during constructJon. For
businesses that do not require any construction work, rent reimbursements will not be
paid until City and County licenses are obtained and the business is open for operation.
On a monthly basis, the BBCRA will issue reimbursement directly to the applicant.
Reimbursement is for the monthly rent payment made to the landlord, and is dependent
upon receipt of verification that the payment has been cleared by the bank, CASH
AND/OR CRYPTOCURRENCY PAYMENTS are not eligible for reimbursement.
The responsibility for all rental payments is between the parties to the lease, (the tenant
and the landlord). As grantor, the BBCRA does not bear or accept any responsibiNy for
payment of rent at any time, or for penalties incurred for the late arrival of payments by
any party.
Applicants are also encouraged to connect with CareerSource Palm Beach County which
is a State organization providing various free programs to assist Palm Beach County
businesses. CareerSource Palm Beach County has a dedicated team of career
COLAnselors, business coaches and training providers to help area businesses stay
competitive through training grants and talent acquisitions, and also provide assistance
in posting available jobs, recruiting and hiring, and training opportunities. For more
information regarding CareerSource Palm Beach County visit their website at
careerSOUrcepbc-.com-
Page 2 of 12
Rent Reimbursement
100 East Ocean Avenu(-,s, 4111, Floor, Boynton Beach, Fl. 33435 Phone: (561) 600 .. 9�090
wwwboyntonbeachcraxorn
65
Eligibility Requirements
Applicants must meet all of the following requirements in order to be considered eligible
to receive grant funding-
* Applicant must be a new business, or an existing business that is expanding in
size,
* Applicant must be the business entity (or d/b/a) named and the principal owners
named on the corporation documents, and must be the landlord or business owner
of the company Occupying the property to be improved,
* Must be located within the BBCRA Area (see attached map).
* Must provide proof that the business is properly licensed by all necessary levels of
government and professional associations or agencies (copies of city and county
licenses or receipts that the licenses have been applied for).
Non-profit and residentially zoned properties are NOT eligible.
The Commercial Rent Reimbursement Grant Program may only be used one time
by any one specific business entity or business owner unless the existing business
is expanding as defined in this grant application
An existing business must expand to occupy more than 50% of its current square
footage size or open a second location within the BBCRA Area. Verification of this
threshold must be provided in the application package. Exceptions to this rule may
be made at the discretion of the BBCRA Board if the tenant is losing their current
space due to redevelopment of the site,
The Applicant's Experian consumer credit report must reflect an acceptable level
of financial stability, as determined in the sole discretion of the BBCRA Applicants
must have an Experian credit score of 601 or higher and have no listed history of
bankruptcy to be eligible. If there is more than one business owner, the majority of
the business owners must have credit scores of 601 or higher to be eligible.
Applicant must have an executed multi-year lease with at least two years
remaining on the lease at the time of BBCRA Board approval,
Proposed leases must be executed within 30 days of BBCRA Board approval or
the grant award is terminated.
Grantees shall allow the BBCRA the rights and use of photos and project
application materials.
The BBCRA Board may give preference to local businesses. For purposes of this
grant, iocal business means a duly licensed business entity with an office location
in Pairn Beach County.
Page 3 of 12
Rent RoinibLgSernent
100 East Ocean Avenue, 41", Floor, Boynton Beach, R 33435,- PNolle: (%1) 600 - 9i)90
wwwboyntonb ewticraxoni
66
Ineligible Businesses
"I"'he following businesses are considered ineligible for assistance uIlder the Commercial
Rent Reimbursement Grant Program,°,
Firearm Sales/Shooting Range
Religion -Affiliated Retail Stores
Non-profit organizations
Check Cashing Stores
Kava Tea Bars
Adult Entertainment
Adult Arcades
Alcohol and/or Drug Rehabilitation
Centers/Housing
Massage/Personal Services
Auto Services Facilities — repair,
storage, sales, etc
CBD Retail Stores, etc.
• Convenience Store
• Churches/places of worship
• Medical Research Centers/Housing
• Tattoo Shops / Body Piercing
Body Art Shops
• Liquor Stores
• Vapor Cigarette, E Cigarette Stores
• Pawn Shops
• Political offices, campaign
headquarters, or other businesses
focused on politics or political
operations
• Any other use that the BBCRA staff
or BBCRA Board determine will not
support the redevelopment of the
BBCRA Area
Grant funding amounts will be based on the applicant's project budget specified at the
time of BBCRA Board approval.
Tier One Businesses are eligible for reimbursement for up to half (50%) of the business'
base monthly rent Plus half of the Common Area Maintenance fee (if applicable), or
$2,000 per month, whichever is less. The maximum amount of the grant is $24,000,
distributed in 12 monthly payments. Utilities and property taxes are ineligible for
reimbursement.
Tier One Businesses Must be one of'the following types of businesses:
* Restaurant Hotels/Motels/Bed and Breakfast
* Gourmet Food Market (the Board will grant no more than
Page 4 cl 12
Rent R6mbursernent
'100 East Ocean Avenue, 41" F9or, Boynton each, FL 33435 -- Phone, (561) 600 - 9090
www boyntonbeaaicra,com
FA
a Bakery/Coffee Shop
Tier Two Business
four approvals in this category per
fiscal year; short term vacation
rentals are not eligible)
Tier Two Businesses are eligible for reimbursement for up to half (50%) of the business's
base monthly rent plus half of the Common Area Maintenance fee, (if applicable), or
$1,750 per nionth, whichever is less, The maximum amount of the grant is $21,000,
distributed in 12 monthly payments, Utilities and property taxes are ineligible for
reimbursement.
Examples of Tier Two Businesses include, but are not limited to, the following types of
businesses'.
* Professional offices (real estate,
law, architect, accountant,
insurance, marketing etc.)
* Medical Offices (dentists, primary
care, counseling, etc.)
* L.aundry/Dry Cleaner facility
* Retail (clothing, art, accessories)
* Fitness Centers
* Specialty Businesses (daycare,
ice-cream shop, pet grooming,
event planning)
WAM�_ ,
• Take -Out Restaurants
• Services (lockshops, appliance
repair, etc.)
• Hair/Nail Salons (no more than 2
approvals per fiscal year)
• Florists (no more than 2 approvals
per fiscal year)
• Industrial Uses/Art District
(excluding auto repair/sales)
If the applicant is a tenant, it must have a proposed or executed multi-year lease with a
rnirlimurn of two years remaining on the lease at the time of Board approval, The
commercial lease must define the landlord -tenant relationship and at minimum provide
the following information:
* A description of the space being rented, including square footage and a drawing
of the space*
* Description of utilities that are the tenant's responsibility;
* Rental rate and deposits along with terms of lease and methodology for future rent
increases',
* Responsible party for interior and exterior repairs and/or improvements-,
* insurance requirements;
*
Ability to to rrminate; and
Initials
Page 5 of '12
Rent Reirnbursernent
100 East Ocean Avenue, iVri Hoor, Boynton Beach, FL, 33435 - Phone: (561) 600 - 9090
www,boyntonbeachcra corn
68
0 Cori seqU ences of default on the lease.
For purposes of this paragraph, the term "subject property" means the leased premises
of the grant recipient, for which the applicant or grant recipi(,,rit is seeking rental
reimbursement, or any part thereof. Grant recipients are prohibited from Subletting the
subject property. If a grant recipient sublets the properly, the grant recipient will be
required to repay the BBCRA for all grant money received up to that point and will not be
eligible to receive any further grant funding.
For purposes of this grant, the BBCRA considers the following to be subletting: A)
executing a sublease, assignment, or similar agreement with an entity that is not the grant
recipient; B) allowing the subject property to be occupied by any business entity in which
the grant recipient is not listed as the registered agent, owner, officer or director of said
business, or assisting such a business in so doing; C) allowing or assisting a business
entity other than the grant recipient to list its place of business as the subject property; or
D) allowing or assisting a business entity other than the grant recipient to obtain a
business tax license from the City of Boynton Beach for the subject property. The fact
that a business entity other than the grant recipient occupies the subject property, lists its
place of business as the subject property, obtains a business tax license for the subject
property, or similarly appears to use the subject property is sufficient evidence that the
grant recipient has allowed or assisted such other business entity to do so and is grounds
for termination of any further grant payments and seeking reimbursement for previously
paid grant payments.
However, it shall not be considered a prohibited subleasing when the business purpose
of the a
jQ-.��r4A #
The BBCRA will determine whether a certain applicant fits into the exception described
in this paragraph on a case-by-case basis.
W010010����
Applications can be submitted oqyntonbeac�'icra.cp,,m. All applicants are
required to meet with BBCRA staff in order to determine eligibility before submitting an
application. Applications will not be considered until all required documentation is
subt,litted to the B#CRi office,
Application to this grant program is not a guarantee of funding. Fun6ng is at the sole
discretion of the BBCRA Board.
Page 6 of 12
Rent Reimbursement
100 East Ocean Avenue, 41", Floor, Boynton Beach, A. 33435 - Phone. (561) 600 - 9090
www., boyntonbeachcra.com
69
Applicants may submit complete applications via email or mail hard copies of the
application with all materials to the BBCRA for review and approval by the BBCRA Board,
however online Submissions are preferred. Applicants will be considered on a first-corne,
first-served basis, Application packets must include the following documentation:
1. A non-refundable fee of $100, which will be used to obtain a consumer credit report
on the business and principal/owners of business. Make check payable to'
Boynton Beach CRA.
2, Provide a 2-3 sentence mission statement for the applying business entity. This
wiH be used as a way to introduce the business to the BBCRA Board.
1 Resume for each principal/owner of the business.
4, Copy of the corporate documents for the applying business entity.
5. Copy of City and County Business Licenses (Business Tax Receipt).
6. Copy of executed multi-year commercial lease agreement.
7. Two years of corporate tax returns (for existing businesses only).
& Two years of personal tax returns for the principal/owners of a new business (if no
corporate tax returns).
9. List of jobs to be created and filled including job descriptions, pay range and weekly
schedule. For existing businesses, provide a list of all current positions including
job descriptions, pay range and weekly schedule.
10.1f applicant is an existing business expanding to occupy more than 50% of its
current square footage size, verification of this threshold must be provided in the
application package. Exceptions to this rule may be made at the discretion of the
BBCRA Board if the tenant is losing their current space due to redevelopment of
the site.
'11 . Initialed and signed Program Rules & Regulations (pages 1-12).
12.Authorization to perform credit check for the business and each principal/owner of
the business.
13,W9 Form and Grant Intake Form.
All regUired ap no later than noon two weeks
._plication documentation Must be submitted . ....... ... wµ__
. ___'
tj(ior to the second Tuesday _.gf the_rnonth. BBCRA staff will review the applicaflon to
evaluate whether the applicant is eligible for reimbursement. If it meets these
reqt,flrernents, BBCRA staff will present the funding request to the BBCRA Board for
reviiew and potential approval,
ln1'Vais_,,,
Page 7 of 12
Rent Reknbursement
100 East Ocean Avenue, 411, Floor, Boynton Beach, FL. 33435x..•, Phone(561) 600 - 9090
wwwbshy ntonbeachcra.corn
70
The BBCRA Board meets on the second Tuesday of each month. The schedule for
BBCRA Board meetings can be obtained at AArd�r,.µkara meanbeachcra.com. Applicants will
be notified of the date and time that their applications will be considered by the BBCRA
Board,
The BBCRA recommends that applicants attend the BBCRA Board meeting during which
the Board will consider their applications in order to answer any questions the BBCRA
Board may have regarding their applications, BBCRA staff will notify the applicant of the
BBCRA Board's approval or denial in writing,
BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board
and once the project is completed, Staff may also conduct unannounced site visits before,
during and after the project in order to determine and ensure compliance with the terms
of the grant.
Monthly rent reimbursement payments will be provided to the grant recipient beginning
the first month the business is open for operation subsequent to BBCRA Board approval.
A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the
approved applicant. Reimbursement will occur on a monthly basis.
Following the initial Reimbursement Request, each reimbursement request shall be made
within 30 days of the start of the next month,
In order to receive monthly rent reimbursement the grant applicant must submit the
following,
1. Written request for reimbursement.
2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for
that month's reimbursement or proof of direct deposit), CASH AND/OR
CRYPTOCURRENCY PAYMENTS for rent are not eligible for reimbursement.
q
the end of the next month in which M)Iiont
_is requestio-qreimbtj
tigmeD
_L_qpkiic',int
forfeits that month's reimbursement.
Pa(Je 8 of 12 �.nitials —/12
Rent Reimbursement
100 East Ocean AvenUe, 411, Hoor, Boynton Beach, FL 3,3435 Pfior�c,: (561) 600 ., 9090
www,boyntor,iibeaci)�!.ra.r,oni
71
Discontinuation of Payment
The receipt of past payments does not guarantee future payments, The BBCRA retains
the right to discontinue rent reimbursement payments at any time at its sole and absolute
discretion.
S I UBMIS I S1 I ON bF AN APPLICATION IS NOT A GUARANTEE OF
FUNDING
It is the responsibility of the applicant to READ AND UNDERSTAND all asects'of the Grant
Program's RulesiRequirements and Applicafion,
NOT�CE TO THIRD PARTIES: The grant application program does not create any rights
for any parties, including landlords and parties that performed work on the property. Nor
shall issuance of a grant result in any obligation on the part of the BBCRA to any third
party. The BBCRA is not required to verify that entities that have contracted with the
applicant or applicant's landlord have been paid in full, or that such entities have paid any
subcontractors in full. Applicant's submittal of verification t�hat monthly rental payments
have been cleared by the bank is sufficient assurance for the BBCRA to award grant
funding.,
For purposes of this certification and waiver of privacy, the term "I" refers to the
applicant and to all signatories below individually. By signing below, each signatory
represents and confirms that he or she is authorized to sign on behalf of the
applicant(s).
1, the undersigned applicant(s), certify that all information presented in this applicatio
and all of the information furnished in support of the application, is given for the purpo
of obtaining a grant under the Boynton Beach Community Redevelopment Agen
of my knowledge and belief.
I further certify that I am aware of the fact that I can be penalized to the maximum extent
permitted by law for making false staternents or presenting false information. I further
acknowledge that I have read and understand the terms and conditions set forth and
described in the Boynton Beach Community Redevelopment Agency Commercial Rent
Reimbursement Grant Program Rules and Requirements.
Page; 9 of 12
Rent Reimbursement
100 East Ocean Avenue, 411, Floor, Boynton Beach, FL 33435 — Phone: (561) 6901- 9090
www.boyntonbeachcra.com
72
I understand that this application is not a guarantee of grant assistance, and that award
of grants is at the sole discretion of the Boynton Beach Community Redevelopment
Agency Board, I understand that the purpose of the grant is to further the Boynton Beach
Community Redevelopment Plan, and that the Boynton Beach Comrnunity
Redevelopment Agency may decline my application for any legal reason, including the
reason that granting the award will not 'further the Community Redevelopment Plan.
Should my application be approved, I understand that the Boynton Beach Community
Redevelopment Agency may, at its sole discretion, discontinue grant payments at any
time if in its sole and absolute determination it feels such assistance no longer meets the
program criteria or �s no longer furthering the Boynton Beach Community Redevelopment
Plan.
To the maximum extent possible, I hereby waive my rights to privacy and confidentiality
for all matters contained in my application, and give my consent to the Boynton Beach
Community Redevelopment Agency, its agents and contractors to examine any
confidential information given herein. I further grant permission, and authorize any bank,
complete this application.
including a record of bankruptcy, may disqualify me from obtaining grant funding.
I give permission to the Boynton Beach Community Redevelopment Agency or its agents
to take photos of myself and business to be used to promote the program.
I understand that if this application and the information furnished in support of the
application are found to be incomplete, it will be not processed.
Initials
Frage 10 of 12
Rent ReirribUrsernent
100 East Ocean Avenue, 411, Floor, Boynton Beach, Fl- 33435 - Phone: (561) 600 - 9090
www,boyntonbeachcraxorn
73
AI,
mrd aA
COMUf4I"TSF
APPLICANT INFORMATION
RES
` )d �^ my l
Vt ov' and
on \00�tt4Ya�OpraOYPdd�p/ g� �,_, `1...,_, rVnya<a. �R
�$ , 7 � , t,
;Y�147'TA`i „-,. e, -1 roe — F ,
V d,2lyA&.fW�FD N
NASSAUcouhmy
.W
Comm EXP w a q041
„� Cf 4 o iigt'l °1 +ru{
V✓80�^ � ". �,. ,,,,. rr. .� � � rry 1 V v � V� ywr C'� pl r,N= n (. Vag",r m'Vi w a Q.
NVQ `` rod „rig ,�'rG: ,r rYrc c rw
msraMnc O"
74
6,V:d PF
T ft
,.. , ,,.
y
N,i ;l�fl
m
P
�
11Ru
NVIUWry Ott^d kY V'a dNP tCP Va'7YN7?�P" a ipVGe�9ddiQtf9VS
OvMrY 1439CS May be tlimad I xJgdinq
fncyfvnfa,Wy
jtl ��4 p% f yp
a t �.PF' y.. i'iF. ��V
p
A U_.....
(V� " x �,l mai' ru �,. a, CJ j m-�Yh�^irce�ts f k°�y Y;aw I4Y :m{%tta ^ Pr=r rrm�kl'
r m '8 C k�+m w r � • n� yr � di � ,,, V� � �:; � r �!�-�
',,ppw wrtx 1"7a�. a� a�?4�da� �""s '.9✓'uA WPM
,iLb A
�F:f
,.� + r a, �, „�, u 9 °° r � p` � .'qr� a ,,w�oyirV Vint P� &� e .fie.# at6�a8 Vaal gJ+�
�r<r8 ru;aat�"Xr ✓ 9 n " ra V P +'e�; , i.,, �fYB.
` )d �^ my l
Vt ov' and
on \00�tt4Ya�OpraOYPdd�p/ g� �,_, `1...,_, rVnya<a. �R
�$ , 7 � , t,
;Y�147'TA`i „-,. e, -1 roe — F ,
V d,2lyA&.fW�FD N
NASSAUcouhmy
.W
Comm EXP w a q041
„� Cf 4 o iigt'l °1 +ru{
V✓80�^ � ". �,. ,,,,. rr. .� � � rry 1 V v � V� ywr C'� pl r,N= n (. Vag",r m'Vi w a Q.
NVQ `` rod „rig ,�'rG: ,r rYrc c rw
msraMnc O"
74
alm BEACI-11( A
COMPAUNP REUVEMPMENT AGENCY
LANDLORD INFORMA"rm
L I Nqygq_la,Ll 9), �,, .`l w, 0 Rhiw,,�
("I n(A yaW ony
yrusar+eaaa ndls jpp,)v�j a ,w„ tie 1, ; I
;aymgm or Nor mcmmo hmn BMJ?,A
L, oat(
7R le,
P c "j, G,4 "i,
Notary as to PrifiripallOwner's slynaftnw: - hfijlfpplv nWaW paps awy be mad W sWnhg
WvfdWy
m.
N, 'N A -Ss' - v
U,0 )RE, VE, ,rocs c'raffcur by Vsvv 5 nMr5W OWS at WK aumM&w=w,Vi
;N AU NESS OF THE FUPE GTNGJ hue w W Om Wd AVW W a 90 Me MU2,11
of 41"
r✓Lie
A LAI
J40,01LA4965272%
1 MODW 1
U CMNn 1
Comm EXP
ply
Er
NE11
�,�N 1�'- f'] ,
Aww, 4'
Mwmi� www hoyntonhe,�vv jj f,cllu
MWWWMM
75
10/29/24, 10:51 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny
eve ill:11u n
y
Business Information
IA�pIpIkcatioin Commercial Rent Reimbursement Grant Program
Status Awaiting Decision
usiiiiiiiness Nairne Loveli Tea Ilc
Coni°�Aac°III Ill egallll Douglas Flank
ngs ,iie
Coiiiita(;IIIA Illf'irefeiiriired doug flank
Iain' riii e
ur°eailllll whaleteadelray@yahoo.com
Address 61 1 st Ave, East Rockaway, NY 11518, USA
)hoiirie 516-547-1719
elllh siiiite https://www.tiktok.com/@Ioveliteadelraybeach
Sll eciiial IlI'tegue sts
Siiidbiiil°r°d"tted '1111''iiii"T°uue Oct 29,2024 10:23 am
Iags
Additional Information
Provide a list of all principal owners listed on corporate documents
Douglas Flank Shuping Li
Business Mission Statement
prior this building was a restaurant and now we want to make a Boba tea and desert store.
Are you an existing business in Boynton Beach?
No
Numbers of years in existence
1
Are you a new business in Boytnon Beach?
https://www. eventeny. com/dashboard/events/event/vendors/l ist/view/?id=12701 &vend_id=430983&index=2&total=5 11 76
10/29/24, 10:51 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny
Yes
Description of your business
take out food
Type of Business
Tier II
Base Rent (plus CAM if applicable)
4000.00 MONTH
Square Footage of Current Location
680
Square Footage of New Location
n/a
Number of Employees & Job Descriptions
na
Hours of Operation
7days
Are you applying for grant assitance under any other program offered by the BBCRA?
Commercial Rent Reimbursement Grant Program
Are you applying for grant assistance under any other governmental agencies?
n/a
Landlord Contact Information
doug 61 first ave east rockaway ny 11518 p:516 547 1719
In the following sections, please upload the requested documents. If more than one file is needed
in a response to an individual prompt, go to "Choose Files," select multiple files at the same time in
order for them to upload.
I understand
Upload resumes for each principal/owner listed on coporate documents here:
File uploaded
Upload a copy of the lease here:
File uploaded
Upload Copy of Corporate Documents Here
File uploaded
Upload two years of corporate tax returns here:
File uploaded
Upload City of Boynton Beach Business Tax Reciept Here
(No response submitted)
Upload Palm Beach County Business Tax Reciept Here
File uploaded
Upload Credit Check Authorization Form Here
File uploaded
Upload Business w9 here:
https://www.eventeny.com/dashboard/events/event/vendors/I ist/view/?id=12701 &vend_id=430983&index=2&total=5 2.77
10/29/24, 10:51 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny
File uploaded
Upload the Grant Intake Form here:
File uploaded
Upload Signed "Program Rules & Regulations" Here
File uploaded
I understand that submission of an application is not a guarantee of grant funding or Board
approval. Any "approval' notifications sent through Eventeny are purely administrative. Final
approval will occur at the next available Board Meeting.
douglas flank
How would you like to pay your application fee?
Pay with credit card
Prices
Application Fee
Quantity - 1 I Total - $100.00
https://www. eventeny. com/dashboard/events/event/vendors/I ist/view/?id=12701 &vend_id=430983&index=2&total=5 3.7$
10/29/24, 11:38 AM
L7C)RO' IYJt4C�CS
Search by Address, Owner, or PCN
Return
Layers Tools & Reports Help
lir ,h/ Gli 11 xi r; h'rlrrt
LOVELI PROPERTIES LLC
III'"::111'1111 IIIY I';'fIII III11111......
LOCATION
306 E BOYNTON BEACH BLVD
MUNICIPALITY
BOYNTON BEACH
PARCEL NO.
08-43-45-28-03-003-0031
SUBDIVISION
BOYNTON TOWN OF
BOOK/PAGE
34356/634
SALE DATE
MAY -2023
MAILING ADDRESS
306 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435 3842
USE TYPE
1100 - STORES
TOTAL SQUARE FEET
640
°.�..ION
https:/Igis.pbcgov.org/papagis/papa.htmll;
PAPA Countywide Map
Select Lang 1ggg V
* 0 R
179
LoVPO' LC C'
T-flS I EASE AGRET (""), 20 4
11" Q -- 11 1. -11 ' ,
'(" 'Y / �A
(the 'Effecfive Date"), by EMENaind betweenLeasedated 2("Lardbi-d"), a
[State of mganzabon, type of enfity] (Federal h D t�06L ), arid ("Tenant") fm the
benefit of the State gits f . .... .. .... -,,,-,,- [edther narne], a public body corporate emsfing Under the laws
of oRor�da WITNESSETK WHEF-ZEAS, Lairidbrd rs the ow nein of certain rea�
property arrd improvernents prate theireorr defined hereiin as fl'ue 'J`Imnkses"; arid
W OQEAS, Landbrd desires to hease to y" and Tbiirant deskes to Vee se fiorri
anftrd, fl'ie Prefflgses, subjECl to the teirryis and condntk)o s conlained lin this L ease.
NOW, T'HEREFORE, iirr Corlisiderafion of the oMgafion of'T6nant to ICaa y reint as provRded
hemirr t)elow, and the tenTIS, PMWSIOIIIS, airid cove rn a irrts her 6nafter set fooh, Landbird
and lbriant agFee as frrHows, U'ASE SUMMARY renant UserGrcupotal Sq urs
dpi ootw e Date of Lease� 20) k_ PII'E,IrOses / f'."Irqpe�ty Addres&
"I 111�1 IL, , � in L-, , ,
IT�, airid Aftess, A'I-� V,r) Bui6ing, Laindbird's t4arnE�
2
[Ad d r�ljs s f o r M a rii ag e p'Ti e n t C o n,i p a n y, if
appk-.gad le, and/ or RerA payment, uf dffereinl]
80
El
I I c n n �
a i c, r t te Corin rine in c e rn
Mle.
Commencelvem
R,enev,"d
cach
Reflcv�ak `,�otice Date.r.
Sck,ci: 30, 40,nr 90 &w, Iyrior w, end of enu
OfapphcMfleSec, Sccficm L2
Sce Lxhibin B (pknw amadh d",uli[ed
,%HlowanccOf apphcablcy "'s IOh Lxhibt
C- pkaw provide aw,] )WRl� hi.)
�rlc Po k)d
Per Month
llc,� ye"ar
11"eii, Scpmrc
..Coot
lnnOA Fenn e a
...... .. ........
.
Yc'm 2
. . . ..... .....
VC,nrn,�Al �olnm Year
Ren� A(JjustmerW Of apjphicaMc) 0//",
Rlcllln Due Dac� Vil 1") (In w'cl( h calendm
�niimln,ncyV I 'sel' h,fH hc q1phk,aWe L'w,
and rq,,,,ukmon , p,w,idlc,'d mhc'� permlim"'d o"c"',
I
81
M
Mul f t hl , N" �i "vlVnc, rTm :Sge
hal WB I I �
24 Muk 7 Ms Pcr
At SUMM
""�,e I)cctiOn ""I
S" SM&M
YT SaWl hr t
I cnM
S" S"An K2
kmdioM
Tenaw"h lvokcii.
sc,c I u on p I
Cnavo and I MMM on uproar iWWWO" cam& PMMA%
d dcM00d on
j�,� the �,ca�,c Silury,Mat'Y 0�1 H bc, me all vith the
-Nen'tise"'), The nel are"l of flu. P�eunws dm as of Se
" A,,sociaik'M CA()
amdaitw vaplAwd hN MWfttnnoYap�rr
ewe
lo make tirc, 1,rclyli"es rcad�Y for @ eranloccupanqv issc,t forth
d heTirto an(I nlcoipcmalcd hc�clnl b�, rcierence
on J3 atuchic,
Land�ord is providin jjj, tarI ,a Ole wmmg Wh W OWNMSPOMMMY
KWOW Mhmamc am 1W in �"Iccrndanct
a0a(j,d he,M, Mj Wcmpmawd herein 11 Avence.
AKEMILMALEM
WT"n 2 1 SW IMM)
tcnlr o , thin Ixase shA ho to am HT in Te I eme ffno inipro��crncna,, Yo ftl c NVMkev
rcarl% the occupanr a, flic D"'Ite" �,haR be, 01 "" d"de "et
k)rth ln the N casc Swnmaq ihe Plc mix', to nLacla
onann then Oje (Aa;mwnccuICM Date undev thi" 1 cane hOle Gatcr art 0) the
thc inIpmVerncMS am "Wwbcd aind a ccrfifkatc of oc,,upanca h&v, t-c"C"It iYOIC'd fol: the Prenliw" 0i)
in the e,,ent perforiniilrq,, thc WqMnMWnI,,, the dMe M60'1 k , dqhuArdie
JF0 ro k"'Irmnt- oil 0�i� fliv dxa ,, h) tamfloi'd an(,P k",rlaro in %,,66nglf
tVusm
82
t "c rw�craa nus w� rwua umt Daw k nm known n when the Lease 'k erw^cwwtW by We gp4mis:v the PartW QW1 V Xnm W 8
a9urnwN en? aakuwaperi,Wedginnfa tura 4 wr mm,nmuuvwem ptaw nao We fwmnn :u9trdwd h n,U) sraa
�'a?wrrcrua rrow°�n�uMa wn,,n ,�i;^u°mmywna.ugq"..�:
Rohn 22 Rauw°"A QWQa
I awl Qwaall Cm,a v Ow rid M twr mwe " Wk U_emu Amo tVw pa:rl¢u I as en ,at the ucrrts <,(A 6*ooh Vern tlwr l.c,sraC
",Auw„nmn ry III orderto law" Ohl e as l enwa;awmt dull Wo Wndhawraf mea litpanru the tkne paet1od seit dw:pw• h drn he
U e°oar,w Suro'nrumwm 9 aa0 ure tam so MMO 1 .arndhm d sharpl hc wd, ciniiw°atl (af lhi,, U ew v,e parr p,�uprrrryn�s
ofth ; I vase. '" err]' rawean,> tlw Urwotial term arnrl wwlh reiuewat terms
A Rrya; 'p d f• p V1a„ F
4:0uarry 1 1 Ver°rut
WMA ,1waapY lava) tlwe^ nawmwd rw umt, nrua°1nwe.diwW Haw Rua auwmcd an; A dapntlW MON 0 amlhw°atiYHY °pdanrrt"°) ^',r't
pn.)rtlm in the P a &,c "w'lww¢amnaara� inrwpwaad ar wean'nd�pmWY ouw�,UIHwamawwrt, bej,.ununmwing on the ewr trim wnu; tmrrrmP pt„wte, Rr"N
UWH hepwss'W to U Word at An ad drns 40 fame h & Qwwt Lane ;wruarmu n Aw vud caGtrt°c• muaiwdru.. s M MOM
Ina). W" to ;Unnuw, wdesW;n wtr ium aawdtky tam INtam. I he W p yrnit," t,m& RCIA shm W Pre. &IC' ouuurt lmas)1�3fr1
t p
arnr tlrw t. wrrmuarrria°w°�rd°wa^o�it Ntaa�tr� i;a,uawh awrNa�,a�°rwwrrn% �amataa4Vm-awra��rt0 wufi 1ta��,r�rt� ,1uou11 P�ra`,° ai�wa:° �arr1 m,ayaa➢.mlr nrarrMVm1Y
aafthout lrrfrmr d nwmrawwal o n dm: Ora (Wq,,) a1,am e.rf raa;a.pr �>n.wr°a:;a�au,dooupu; �amCa.uawfFr.w° rwaaanrtUw. UV�tlu�.^ t�iis"oaf ,uuw,t�amr p re^G amma:wrxCPa
ar�tf�ia N.rwar� wast pwsw°tu°mU a� alr�rwrl,uu wrarmratNua,, tpirarw �Iww• tin°.rm �aunwllamr laur,t prauyrnm¢.rtrb, r�k' UtNa�rnw rpmalp Uma° d°wnaaraarwruru�trN;�
arw:EjaussNw^a1,
c�,'lrepri 11.adint rest sued t ,atwr llamemaew
w
If°1raanant shMl d°aH tam proa,m Ow RnH "An M ruwawm M one tdwne in a a,uUaw choir t a;ar, such rrruan shalll ker
&rtw^wq inn Ow W adum aarutiN paid at ra rwate cgww d Par mo (f) pea:w°ava: wuwage IImaruowts p ei� rawmmwrm rin"M Me
,aumumaauroraaA ppawuu e mW Ws a,cpwmirtadaarur d"gM b) P, w corruma°u, Al loan a pepaunuunent of Ilt a A, ofmr6ca,
NA a3ariwmpr dpuu<,uurns in (awnirua:aM, p'UapuM proof mg more than the Wer vW 0) =0 pe,wwern (ITK) Isar
;.mrurNwawuu a,r (tu) the lcgati ir,ata^ of hlk-rvl vwhich rnaa be Charged,
Alt'I'll II IU'Kp" f f f^ri
"raratureum A I R aV p-^pu, Tmes
p,xm WewowN rahlll pm;a.`r all rw N p ro pert) gars, public charges Mm,i aau ir'ipro,r;C'd UJI- mrs u1•we
p'vc w kc, , awiltlu such, Iroar) rrwram s hm rig nmo. dv g iw;i taa naw h M%eh becoming aiclimrw;pwwem,
°ra^r;iuo n 4 2 d aka I ar,p an Ilr,a;rtt
Ycruruut. as, am grohlUr Ummly corl,m"u Ie of 1110 `�ftau e of halarNida, is exempt flroin sal , Uau, ai'nl aaa11 prom,kle ar
ccrr.iPlw ata; caC»u"ttllm600 Upon WMV NWwsL l,°omaanmt°m Imax Wgx t.`e°raulta,w e r, "alas, k1")_.
801266554011
`ra' MOn W^ukitwY,
I stw°tr111arrwf W Ipy A w°1u<rrge fart "Ma. w"m ,rla^clw-i, h rein, leRprp;orwr arer d artNte.iwwt.6& oeb swatmlpkied to the
P°rr,ummw ov d ana,dlan d shall We eaVll iatuldtwaiur Wleiwtltw).m but nw,rt limmm'Ke d to IWNT. ramt'iY„at[amum and W-
83
69
cotrditlonnN gr I WACO wem ice at ad aiaPr wdw Pmm No dunlnp dw ht I ur" "o f6rlh ("I the I eme SUM MMA
h dw nem m" WiM, P, Wq"d Mmigh now huh of I ownt to wh an evImM IMI I owns cann(g, in its
rc,&,om-dfle d qvmW hu Wknq for a puW of nnnre I &"I My QA (48) hourn, he .on; payable
u Rd c r 0 0 m L w,,�se ch,,d t abme af u ril at hI L T-CiTIM I'll i 1s; J)CTIO'd Of (t 11 SI'V d t h0 I w
Secom 52 how?d
L"andlord "haH hilini'di, r%iflluwtt �Mdllaonfl chargo, janlioH,,fl tiat, per,Iera� cicaninp m fhe Pycrvnses,
LUodk1d 1,h3H UIC wCaMMAIde scqeay %.Wom tar pnm we jwwumd quiwain an embn w
SOCUve %CRd(o,,, N%iflh h(mew and WWI entoolech I man"Wren Wwwl Pn "Y K to L mWOM ""'ry
w0wof` duq or ml QkM* im We pan ofywh%emalars, %hKT Van; ww inwitfulTs MTOW QW
-gaq mmt W dw WmNn wntedi; dw I ow,
Scown 'S ") f rs^ata n!ld
L andloM sludl keep am PwWwn chm, hwh umade and out,l(te w hi" msn eNpense., and ti,halll sce ihat afl
w; ash, and A mm Teluse is� nemosed Irom 0w said fltetiwes
scchon 5A
I andlord dLiH, al ns owi expmve, keep the WAS Ifendws We Rom Wow% I, immin, nxkms,
wd Wha pesm wad shall repair M! danutge caused to We dendsm! PrcraNn 11 dw smw dwmg Ke ter. n of
triads Plo-ntal Agrcxnnerm
ARTU LE, V1 w - COM," ION FACT IN
SaTm 6 1 (AMnMIMUM
%lan; shaIl We the 00I to me mg W A emmnon wwN wwodwed "Ah Hw Wing "bleh compAvi
flic, 11iovY6,,e,, w In %khkh A 11mmon iv lowe? h-cluchng, NO not Kked to,parMiT WIN dKe"aly,
'dk", beincale"'), vi'Mkv, a�s and kindscaping (the "Cornrinon G,wJkfies- d Such Cominton S1haH
at aU 6me" be, "liblect to the exchilve convol and management of I andlead. I WNW nry Win tine to
Aw InnmOgme and entome rnsonaNe vukw and wgWgom. WHbamt aMONT A A Uw C4 theca
( (evinion Facil0ic-,, �,,n"J bulki or place landwj&T W Mho KnpnvmnK Temm f. as my. al wly
We, whJ Ann IWO or lim, wnnwh COW MI w mq P00% OW6 (Awmm FmilWn, M ewmising
NUTh nds, LwAmA ho"c%ev "M mm ATIm Tama UmmmwNc avco"o Te hetnWX han=d
ywH mwwwn Ow Cmnmm I wAW St gwd mda W cumWn TMUOlow dw Tenx WKU wur and
teM, 0,ceflwd,
AWFWLK V" — INE AND (WCUPANCY
Sa Un T 11 "�,-
I he pwadws W he uned wW o"upld b) Timm sukt A Me lYnnVed I Ne so forth V Me Lcam,
r,,tujrrqn,nax and for ru) o0wr pwvjloc, relulyn UK We dw vohl hna noa dw ohfig-,ifion to concluo ils
opoviors dw* Te hmirs wl forth in than Lease u,lunnn;lra, I anaw opwc,, and undersland'; 0va� flie
nofw owd k" wan of"mMme m9q an, wha pm, Adyn "We UvrwrH h's LwId5rd
in fur
Secilion 7.2
84
Tenant agrees 0,wr k�
W "'1111 unaot ihe phnnbiilq.,r das-,dlfies for arir purpose oda:11 libalin ft,H for v"hich uhey are, colisrilruch"d
aml %01 rum pemAt any hatAgn subMwe " UIP Ad w he Ommirt We& Me mpense od repaithig any
hwaWge. moppagome,mge Wanmpe or (114[11",a Premises, ru sonydnwodx fiwri a
of, I h[k provkion h� � eViNIM", or'l enanl',; cmpk�sn""';, aq!cnls oil linvii1ees sliaIIHI k" boirrse by '11
0of %kill compl� �killlt aH laNN", and oirdhizulncn , and aH n,des and legld36011P;
sad drvovann�nrnnnurtaGd
and'")66c,, "hh respect U) KnanCs use (She 1rmimm Senve of 11W
do %01 we onh swh dewkW applikamn M W W9 Ow"d ow C"'ll"Cal al I
Nund ves an supp H ed bN Lam I hr d L f Ijim n; QtM I use vo req ui re �H,h d i t i onM c l ect n k! "0 sC �`s n CC,, 'd rflaaid "' n
ml,ns ��pKwxd lay
aw YWW M j" swam cost mW eepmne, bl�jt canopy dn accmdance %6flh 'TeclifiC,'
andWd urn %%ritnqn
trd) vnflf not or opeme a" nmumml tim K WhAs reasonabic judguicni, is ltamthd to
11W ptv"WS or a nuisala,,C�
R) W nm Mwx my %600 in my qMkin of dw Pmmhm W"OW We WN cWW9 UWXHY sad'
the structuirie�
(f) %NM not nemufacriure an cornniodlA m prepare m d�spenw any food or bleverage's In rade,
Prennses, exLepi fisr tve b) I enani or] custoyners, (W ivlvnon'C'I�
(dw) esffl nc�t obstru[ct any s0c,%'MI(s. h.flk, pasagewn0levaims or makwap On the (ImInCill,
FmMHK,= Use aw unrW RW any popose other flian yingress ons egless to aind Rom flu.- MWWWq
dIit) a0f nm bring in to or tenmve Win the Vrmnkes an) Iwavy or bu!Q ob0cl exceilA c
vAT Ow n&s nd mWWom ul MMI A KWHA
as flf not use any lvirl of ths, d�Tefrhses Lieepng 1,001110, 11:1111, apartments,
\AM nott w permit sllv,!c hic,"Oers, personall ref'ridgerators, or o1her etiicog,a ln0,,oVJvC Or hIC,
I'laI,"IRIOUS u,°CJIIJOPMent to condiso wnafn", hu,,uicss viOwwl %krilten approa ,'d Ury d W'dN)RJ
Hic, parhes fuohm, ackw"Ble Me rquircime"An m1wOkm N Wrap C h" cOmPUMce %ln"
,,dWaW, b"s ami omomms mv v%clusive to KnaiTv Uw of Me pmAmn L"! LwdlmA WE at A
Ise, w I WKH's expenw. remain JAH) wspondble m amwr d aw hinnises for ensuring the buiWing
k nmintlined K cmrohmwc Wh aH kwal heahh. NOUng, and sak, aWes and impuMn req uierneias,
OWNg mg assmAted We
V�.!L,. MA11fl IENA,N(,.E
SUAM 9 1 Tagaty RaMIANWH
II aW SMH kup We' iiINAHM, nOn-sIrrK'nfl'apoifloins oftlhil! Preanses, and the ek"'ment" and
all 6m, and OyMM On pmd Omn ordv� condition und repAn and W ddiver mnw to LaWord at Me
tenninmW of IMS I caw On pmd oder W cmTAmAWHmY "em mId WM encM,
Section; 9,2
At LaMhvfs expenmn I Word WH mahlArin repair and replace as rhivsNul, A m1wir lWons of the
11rc,mi,x's th,50 arum l'n)t levialit's mspon,,ibflhty under Sccfioni A.1, lincllud;ng hw nw hn'sired Ho, 0"', roof
we rex i We of TakS lbundwion% floor Q*v colmnns,emeW "vdkjmNeJ&d
utldlnc hine", ate] subOoocv HVAC. pmkkg Im dHwva*w bble"alky Wsnplaj.
and "'01 oflic"r, C:vorfot and qv=nmd emments, w as to knep Ow vann, 4 gmx! Oda and ;qWr ImIlma
deur, n)frdwls Le,, �� excermel, AlII repirs, fepilacemCnIS UF"J rCSn)raT4rrrs rnade
Ise, ordinary \Near arsd te, �,
Door kmdllord 0ifl!Hl he equal or Sher in quahty and Aw M Ow nQjmk dwmt WO QMH Nnornpkted lft
a%lih app licaMe W Lw0herd 261 exNAWK; cmvnn" and winphe ap"vpki or
Q*errws required h',, rade lcnrvn of thk dMe d,Jmflwd v,umarw, al d 'araflord's experl"e, all
85
EM
N aAKaBiw g qgcrr v 4W & Us M urc ju°a0Q;Q1 he in oukuu 9 c,rd r W in
ca> k and Klprc•cdon w"N4uGilrnneMs nupm MM tacmgrm'w) b! 1�emnt.
Awkwokw.,,,m
u'"crionu rg 2 .Trade° jstuoW° ,s
AH uanaalan fu>etan n rnaw'tcnl;sd ty I enreanut w tent° Pwrutuwe.s WalI 1w the p,rnafnacri} nnf f curaannt �arnd ' h aH be nn:nrrnnrvCd
at the c rpapaaatuaana or soornr n to°n nillat€orn aat 0w II e �"rseparo"idcrf tha� ares d arna"Ige M UY Cd br wuch rn nnnovzap nr
preacnnletls rcpakecf. Ir I ern nrnt banalw 10 r rlwoe ' naunc ,tna.,&n trade purtuUCI, nnpan,win an\[;in aiCann can` InIc: 1 e II nraIiaaru
MKS ie p
rflanneC�"W�rrHis
Lease,
pan
t.ri.�rotuuw� tn ainraa. pc��r;�ntlaW
agnGnaiahdeerned
A
nur¢l�aanuP�a�rnc�paW¢rawaWW�,r'apiearinpuW�r�nasuar. prproned WQWH w
omw aurG�>�u�y��nd Cie cparfla W � n�t��rrr"
and MR, and flcnawr covesrfn g sfOdl nsunt he deemcd tcn be, trade fimuares swhohe r nrasmlHed Ii I crtaanat of by
mq when pan,, and neStnnYll n co He ncrrmNed Mun the Prenthes but wh di upon WA4n.9w= 1arcor1ncn tN�w prenfrc° w�
Mn annafpesref scidlon arv, M,Onsrp,cMaatiounirn pennam
cvtreann 13 Apaa°nATs
tXjwv [han'n the nnnkp'a'tlr'.rwnna:d s spa.r'bc.rnfan cl hi Satlaana 12 en9 00 p " e, f n"oW M Sf71+01In MM max M" v pfnnp e `
rltcrato,aus , Or inarinrO`Vezrntn.n[tns tea uk` Prcaussc.s thm are sInuacluraal or cost anon tharr "ryfp0p000.00 anithotlt
med or
wed
h;npnuHI �al�nnn�nrpc�.ptr��NcsnVp momwot �e�reiorrccaw��a(�rWnapl , � je�rawp KnanB sp�ac�ci nnnc��nt�ia�annr u�arn�pip �e M n��pan�w<qa
dcsod
irrcud nnwn e^as�t�ir�arantcn (nftine, ru'apdastc,f J:°eraah Wwar(I. P.muiperatN no) tirxrpma_ reuatriauan;apria ce:rorWrpntravras ,Waclt wt`n
lrrnrrirnnns' „nnnsffanoc, ho nds, and %aive . and erg srnee6nnWc,S R .,.na ara p._aunnrQperrc°p ecce°rns uad%i,alrgc or
All
beicnnrnc mina °area 4c°rt � r, f 1, a ndiord an'nd th al renrrt n upon the pawn d ,e �m rat the crp°nlrantnon or soonern:raeflmi ^nf�ion
nnccca arc. Any �aftcnrdatannuW�x, acpcfu io ns carr nnr�u � r�asveen�nr�rnG nraraafc f� V eon,Fnt ssnt6m tprc e onscannt o ! r
p II � Itn.tustamn,atpaann
of tho, If e u,tc.
AMM 14 M o Pi nrQ ,, I In",
I rr,a WMH oneat proannnt wy, 19, aar Min In pout ua of am cnertrtreww.i oro mec hw6c, psVwer or wuprp her to f,a��
Met ag,-dro,t alhe liarer,nnrn n ,,. pt anus SHCh herus„ mortice eau cgannr a non focal a
len nu "htdl %"i0 n tern( lady else}4' nPt��r
notice of Orr° hen, u•eastiic e, ear chii nr to her nr°nnrsrwed ,aDd nlansa Vr nate d art re corcp Isru%nded'
pne, Ncncr, that la°un,aust AM Wo the rnf,lnt tan cutin wm thio wruaaanuaa ow waali ditn, W mWee or in pan. roams ;each
V f p B f h event N enn&an t ah�ah Iarurrusp dt lrmnncf anwira ranch
hc^rn re,tnce aur cfaanrnn "Rh inlrw rrpiigrte:om r4nnn�pura,�r�,apwrnaa b atj t I ua h
( .wnknt,f tietaarf en h nn�apl�ral and w6nn61 rear ncu�tr
paws od6 ng'aaWtpi JUC diiluyycnncce IP ia ondannil f"a to acr diwharge an¢ lnurnnaf suIr pncrl swntlrnnr tprc tnnrw periods
Nook, pWord morns ,at it, e^prn lions after sn riv nn nnantnn c temp cnnaannt, nenWWsnVa cru d A her,ge such lae°un. nno6cn
or a ,°nouru by paasdnnpr, alta` feafp rnrnuarnnns tlaa reof, or 4rYhcn%nse, anrnrl ssttha'an.oa awt 101 c•arnlfC. J ar dile
rnNpcintt tMrcs°c&, and I a.nrannC ti,hyl pay to f ,a.rtc9tlawd tMsnon chnnairoL as acfelAuanrunal run, Te annrnotnnnt p id by Ow
b „rrirlpanref, 6riu:lltoallutik, l nrrcfpera9s „cna^sarnunaba c:arms, exp anwd r tarurl cou.narof� !Lc"'
ran,: ion fl &f1 w rttn,ur,T n_rw�aurr pfa f;°°
IM
86
Nen�wr�t I�nalW rresun��c �G�u�'>uu��r �nrn����ureG a��u��,�oruri°sl r ��ua��a�n��tlteuNa n1 u�pu� hk aarw« �crnna�u%r.��rna a oda
eGn
j a6� �' � a, ran a6f unn orae, at tt arwena ee Geruault
� Yrar� � P
h N ? riytc rtr a G G Y aunt a �nra tnt 0 w as 9@ yin ^a wtar y anu graa a
sni a G rr,
hewteulne •s hOkVrnn.{7uc e� are ,Haas° anr� ne.,raG�aB:nranu, ear�8 a.. h lr�ataad , tt ,
G � r rarnah rn
a ;nuq Noa, EnarrSw errr rrnrcwta axtnav ewtla� nrolGuc rtwtc twd aaaweu
are gerrie r aV l� ahrallntw w�ewnN,r n a`r' � � �aanyrGaaya.w InaoGrrinty rnn ncrnune a ear � r a
@ac nrn nGahnG�c �thaNe tar II e.awrnt ana ra<urrut whfl ➢ruvrr �haNc re ponh ncnaNp"anparrNfenrtarnewu0 d tep,4,�nWwnctaGantae�n pPa� ca�Yreachta.�GntlNn
e.^4ar[00a ngbent or ,rG_a nc," p G
,fa,r.nne°ea�icrned 61`n'11,30ee eerw r� t"a„'xa: tohaswit Y .aa floref as rc gelcs't
fiu=a:tGerrn y(k.""" TI,�a,�ra41@trnrfs IrnwnGneNhr<e
nce
j,tj
hep 0r aCW tparrratp,Vaow to Tum ifa:tGtapurekl.Grua� wka;cN �,aoraaN lain „aann�Gnra:@tal rf twp 1�N.r r�a nNnl hwcwlaYca e innGu main f
N armtVGa a
�tawhnhrn tlnc° Nea,euleNuratr,we@rera..run@ne k iw,nn
properly dann��aae_c. aon;rre,asn.ec hnn reasonable eild c;buatawnanatr�°w aanrnaanna�t,� er6' crrwer a r,,- Garevrrnnauor ernat. tYr,.at n
d oa6
lrrrnakroi G trreHold cd a hraenNaG nwfr cni e wunnnfn ar bG ertsr� t one rna.r �arG Nrapwtl c atuar�iornNcu��nce, and narrow idc tl e non t with aH a:n
I era��a°nt as rt. a'ala�GR�nrrrcarl orr�,u.are(j eqa l9i rawrci�@.nr_l
aerlific°aw aap <,n rdi unsnwcwacrr;c "Vid'ncing"-apps,,,
Scoironn 10.:3 wrauaen ydN a„nnl resp :atifa„hm,
eaJt flher
eaaur^>a. reporV
hracrrra Gapm ur5w 0tld fvr k wrd r811Y
rfr`n4GerC wel r faurr ruaGN an�hll�°rre
f
two d he eeneeary r) inu ce tanred under fls
aohnrnaebtiierNahraa twzrn�Gt, cnaeracnents,
emnmnGcatya NVcnr nt1erwr nrwtnen to re ronctNn;wrre heCtrVe @rt,ocn.,a(adlrrs�)il rarh
annei eGaal ',u fhf ech otherwh appropriate nhnroahair
kvaher tan he in e faact.
""'ectnoatn V f . h G t.cannan;acf, rfr tacrou tn,yyp
K nG�,a I rc nrnr^w tlnc�� hwrroG�pQW in %hn4h the h r"a:oanaws WWI fra.° gtine aterrl. +"eu asarw anaNaeng car carrrnrrna,rn
s a - ,� wte nrn . 0"a
'ant°Wa^a winhig tWae premises, s, ,art efaarra°nfte aJ qMw t`prr 4au (aflier casualty. We @, rr7aiGert:
WH Gt@noru fanr¢ rive 145'p
c4any W 01 , wh c a .Anb MQQ dw I mms phew " G amn7ie Orep W.Ga.C, "Wer Larnadiiara9 cl cts [air - Gari t° K
drt,,ge and, if so, s,he.flicr ono 1Gre re'a ,ernable a.le°tcr nl rb atirran of the I aradVord flit aGiurtaar e• cm he rur "i aimd'
t ne rhr,„rrua.asa^ thak.ta tlorw l,_ea,e^ k0l �ercnn raw e c^ti�a��Me as cWthe date a.rG the e e,raaaW�t�a id the. Rent s ta'a
"nh in one huern&e d two ontr (G 0) d a� of such notrae hrGrc lea.°u>te+nroroaroon G rn 0 b @� WNW Claw nraaq
ansa C G
ra,Ca�tnns' G f
be prernme d as of Ovd, iNw, 41 anrnafMa M c lea s to re pWir the wC wnrn as7e and (K Ow eherrr okra �erwR>,Y nritnawlga ontte n tier nq
�thr N a^nivaaat' alr,lity. enr ora rc a�.arnaaal"alc f�u,St rutarrtt tlir a:enutaleecr rt:� Int�wnrra . tGda cc fne,nau aao (rr i of �kee� WSW
teriraa0rarra taacartertl Naac�: e~aar��p'�pc°te rg a p¢OoGna tpre a,lcarnrrGaern lreo naual at ai t.urr��ute el Vv} G rern+Vleara dle n 'F ,rump w'ay'
a� its erhr[ianro, aeflrh in thi ny (301 dap erl tGnec receipt ofthe G aarrcf&uacei , 1'06ce , eennnenrtaaw rlao Le'nse a t ectpae°
vas, M 1Gnedste^ of t@nay & aa,nu�cN¢,yand the Rent ^;(ra+i,91 be p mmrarne d as c Bhuat dMe. Gf h_<arndG ord has tae nraakC
the rc pidr, and ip h'eser rcpt Graaa, not (wwheµrcnscd ris right ter to nrraarwe: ae m N111s ahaarw �, aw h, rr�eN@md �,luawti& aw�tirnnn
rj f3(pl rf tyn Gozwrnr t@r. d,, rnf4, l aanneptlanr•ek , so, 0 a.er�nnnxnedwe We rearnraa. s
urn�eiotueq Gnaaapw�ew) and l,aracc� •cd
OtGn A efrwa: r4 oliu�errr�eC per ra a> ora: tlw cl<arva�arP d amas tar �euhtiawt;arriuurhNr tGa�e .Pn two "en"
Ulla
N tt>
n"e a ur�,ate�sprawta C, ,cacao tea nlnt�° awa ��erre°orae tnt fGue e aaai Hera V ^ru tee lu re w �creN arh� tn;ura ;na .h � raaeinC cannot, in ,
on �
rartn.alde �ricpc, na.rnt. e�nae,uo rt, Oeaa'arre^aaw trout teat' f aerar� e:a r, as �a Jflt ani 01 co neNhtaeann of'r.1ra. l ra mk a
thea t aamnranraa kacihln s, err the Waoi4fnrupr are wwhoca @n tllrac l"rcnnuu xs Hansa, he a pmL eco a aluu=ed by an unites ur,t err.n
tVaet. 0 Graan;:eaa.a e rnl'rea•eaun<;nrtneraraun actrwrtlesss., tlae. Rem shaaH AMC hey tete exe enn aMd d wren g Ac We tNa,wr.
enrol, , Gaerrti&, crf Me G"nennnhse w N imanialle and to the externs t@o et G aewnat tap aaW',le° in IN rc a^atrnaaaGuNp. OMaNgr,nvaa 0
tau m4An7alGwet
its Rravaitw s teres hraarta, be h eraant QmH rc e Ne an fear 61ini n,earrara ol Rc;rrt hi tlrra event nPnc
G.naritllrnich fidk to cNnrluweo ten die Ientairtt sa h erndKaG s I`ycake "W thte ceq Wrof Guamy.11ve (45) day petianef„
87
p
fOrc^ 11c:ora�arrt sllo°aVf htas�c fpaa� °fygaf f(r t ^tro�w�otrr�¢. �Niu f,u.urr �� �a�� r'bk"tG �^ iatt ° ar( t�i�u � r�n� In f audloWh0 have
rco ralholaptcutkm 11 t restcorrm fuxtcures, rrnproro a llte s, fr.nn korre, cra0ruipawxrenf or ('y(mdse r Ptagx!'riy 611E 1 ell e'Imaf.
ARTICLE, X11 - E�01NENTDONIAIN
yec;fkrrm d M". p d rlcart,k°
I f
4' m furO anthorrfd' fhr°a'aar(.lr c:cartcfernmratffa' n or render f e power of cum' atmi hC' uch0k'� Of
we ���
tarry
f�ar&rr kc s r"haH be Paakcoiu: (fa) fcss fhan efts, rrmfpme P rantp����c�.r Owl h tnkcy'tharmfffac��rrr. na'Or dcl of the:
1°ra;tmoo ,n am rrK 'hi MQu^WraAafude pMf„mMW fit AW 11r°rrcnt to call aa¢r in Wh s o uvin (W ar aaji rpt a:Wcufs
and Tenant docmaawH c, , hr tv; maoa^amaahfe iuccifpamento Ihat u¢ker e ich takh'iff, fiaafea(w tcu 1,Pce V�ifp irrarI
he ss,aikNe now the Pt -c arfscs; (cd) Mere is an, sur6ra uirtik d 'imrrr o�afnmrrue.mf of ingress scar e s ac a k -mitt or fca or
N ¢. f -
o rarrfnk, of We f"rc:axarsmy (�,ra (c) aadd aar arty portion arf the (ornMraor G Qac;phfW fah)Qahallll dcc MOM "frsp
in <a rramfem'! irrfcm[Ymme am Ah Ella:' r.bpu;ttuca n of I errenrrr s haa^,4rronOwn uta W,y stch c°wnq `f s n aart may
temraarmtatc:; Oik d caa;c- of uccke as of flw; alas e ca"cucl fcfrurprr„ and tf'rc W`derrt aamacd brTc.r >mrrrr Pa'Ouf Or kaauMe
heracrurrrY sf•Aaafl be prcorcutea3 aco cuf9c cdwe ofswh faar�mrurrrautl+,wn
cwmHoro 121 fon tatfOrrmm in
d larless fhrs Lease is c crra,c°wd as Wv panovirfarT ccamrruceraa.un,(r v Ah the d abc prr,u aauua;raara is aa,cpWred Q We
comrrdcsrrzrtfX g mmfhr>r'if;y Te kfmaf W be rarcducea:d in p�rr(ap or-tdsmm tc,r the ratio that the va hic. of the Prep kes
fraora°ra cl(mfcrfy daulllcum>apury.a stucar faudrdrit fcc,a'rmW dw wr„aluw tri Unc Premises Wndbitet pa&r M sra h frafrrrrpp;, r7a d
d��rrrakfror°cf ,hauNd r(as,tc`ror'(^ ffrar I(�rrrau�u�,aa<z, rrat f uarn4flaarap°s r,Pasf dawacf as pac^arse, fca ra auauorrp�aOa°rtc,,eira:&aufc cfuurraaf rarrrf. f;au.aiu�uraC”;
w,dre''h ocsofaar•mtoarra Te Rom QQ 1 be mMtccf to the ctwtctrrrt the lira>ru ko arry ramrcdem d rurumraa.rrfaNc.
See :Hom ! 11 A an`c'f.
Palk a ommrpaens;-afumum ,-assrrrra c d or pwradrd uru any sr..c;h mraWutcsnt daarrrraalur pnwecdhg .wf dl fcedang to Qunsd be the
µw"wprrar°ty of f,urorcfllns; d Whcorut mroy pwaan&1ipratrprra ftylaemaurl ce,crpot 'Wf rrrothpn, ccomtraarrrcd h(rch AW
par"c:°c'lWc° Ic°um m 6omm p° ama,ca;uafirrg mg a:i,;airn cfhc.°c:f.dy aagaur;M fpac rr.:r,,,'arrrefr^rmumrlrrf^ arrcflWw in W cr�ra'Orrmt
Q mrm k lomemcralhT Ar As Maarahon uxts. its rameorrrrerrWe d Oca'sehcd d Wrrupwr°aavc*uru( nr s and tr r(k( f"lsf�ai es, paass
of Ihrw;4ics,, ;and tdrefrdac, my lamp as We r~yaa nc W not dfmfrdsh f,mrc:k9crra 4 award 4`r•caurr Ow c(ar dWurrWp
a arAhaumf".
R,UC1�,,,E W —"Kq(;N IFTIF fid lk,lda''
(tcrcfrcuri N 3.f 1c roprrp,pryR pry (rrrpl Si'ytC „G3.urr,!
mD f lacers wwi°1f cn rrrrcfk e tau Landlord, dlorcd, f cimmr nu* Wo aaf d or an), put of fha. fork^urr nes to any crrfQ,
awCrkclM usd4ciR„
n2hutecf to "fera,ra Imt c,cdrrc:nO e shAl not ar sign flyds f e.,ASC urmt w,rrfr cl aaff cor•any Pam ofthin
0"zerrrra e's Wnilrraat fhe prrhur mVAHera ca'onsc.rrt of. Wc:d'larr, wa h'Oc°.fo ccrpwrut sh aU rrcat he u!rrrTasmn;tWAy rrr<hhheNI,
o corrrliri(,)nea3. aarr cca°Oaa}c.cd. f°err the p 1"wparu'uss of this ^'c(rp(am, any rraarmtgage. c(mVcy sir c" m
cnuao0worwn ref rNris Iowa W acrq tmarrusk art, Hot taro 1pamwa(^,sio n or ra4rae coftha Pmmiws W be A°ctrrrrc°d
an aae>,ip.;wu ocrit Or acufyicftiitrp;
to We Rem wemcwf ui der d is I Nase and acceptanceW .,ewh wClln S1110111 nw hc' do°r'oslcda Wi�' Mdl
0(011paiw% caw aiana "inch valief
(d) A,niy conwnt by i-andlord lomj WOQPMCM Ofthis UMC OMY the ew"Okhmm! Imin aw HOW`,
dw fuH and faithful perknoiancv ot, 'aH Ole f,rx,, nrjj(N coqj(jokmw of Us Lome and upm JQ
comMud I"M% of Tenant "nder A Hw imm% homok Ali) con,ent b%, t'arl(flord to anp subkal i ing m'ay
hc con(fitioned up'm Ow qNemo's eNpnns agreNnum U; be bound by the tenw mwelcuvv, 1110 corilfifiwv'.�
and restr icnon" or fl -n" I (."ase applicable to 1 esio-ow,
ARVICLE X. M' 1-11�' LILL I F g C , ARE i
1 his 11 4 X slialI he "ulhoct and Siabordinau, to an� 011 mrwipwn aMMhT We VMMNA K ",'t
rnor%rapee ,o requests, ]enant ,tjtjjt ekeiaoe, and dawr TwOM4 WWWA ug"Mcl'n
�jif'on� , hie, t[jo ,,,,uNjw lit m:) Nater Omn we M da ' �; , 1, jh, (j,"mljjwvmcjo jue, WOW
Oil Won hoin eval vmnjq,n and holda ofa dud oftaust upon fhe Hernise", ain npecrnerlt w a RMIt
accellable to lemml "hu0n the moepwnsarut mpVcc") aml NAM, of Ow dv&O of Ulnu agme nowt M IMM
an", obovahons wder the vwe=Wt
-s'�,Aiot(hnation, Non4khahance and Aumummit ArmemoKy MOM agus wO w Wher uanrartppe
or encuniber tine fection) ille Fffecd%e Flak, U110cis t andlord obiains as SwIvirdinaflion, °`Wa Distiff1mrice
and Attornatent A�,jr term cnl horn such mompagews) and WdeNw) of the doe$;) A IrMUPM1 the NUC
ot p rm(flord to thllelj PMO& I Music "Ith an awe eMaMc SubmdMakm. NoWvludarwe and Allomawnt
A',rociinont lscr.Oninp.p lo vn,er'c aid deed of wt, pHor tel the (Annnwncenven; 11me, finam may
lernrimHo the I case W Aw pvtS AaH be released h-cmi an, Wirther DMAIRy.
\k i0din kNCitly (20) khftpS aRUAvpwM h3 MOM. but no naom MqueWly than We 0) thnes Pcr
udendw pan Terram aMw, w ddiva a Uwe SMIeltnenf as `4110"n ir�eNmuPrrret Ip' qG tl`epururf oak Names
'I cnant shall, in the e%ent ol any bruinsurc. Min 10 thi, purdumer as
aii(floifif linder fhk t case
XV - TUGIFT'S ()F IANI,�j,( !IjL)
. . .... . . . .. I-- �
f f.8 l~ l�w t ofLutn�
N,,snifloid or R 'tncHoid',; aa�iorhs ear vich poiqmm as Landicad nm) awNdn nm) any Te VrWws W We
Cs CnO arf can etrief or at (cher ier veam)rwhk Ow n dwhag Minkaw N mm upm PrOw nw Wo I OwM Ro
of c,ano natow C Wmw "I to pr4leco ve 11naw of 0 ic Mn in 1 w4 i duld ng the i ast six (6) mw A
of titer I ctin)' t-'posifion to proslxc.tXve pnrchases of the Premise', or project ill vdlich tihe Pirunnkc' k
i(o afed, X"d WKO,illgY Wn W Ow PowmNa, LwAmd my Uflsc hito 01he Prcon,c,, all thal way be
wqacd m mAe mich repaks. In the e\ cut op an er-nounq% if''I enow or a ntN p crltwf,di;11I not he
to qo'n �eid pamp Cwq Wo the prundsew at aq thiru %khen ,uch cwr}, ,ImH he or
pornik"011e, I'arnflord oy wfs atp"tW' niau cnwthe Ple'llikes I'oy a finasevr ke�' ol! ncwy fi')116bl^ clllfcw theicon,
"Rhou, tendisHing I andkwd or wch agent HaMe ORTMe and Wfliw.o affi°oiiip the obhprfioins fand
COeCTU'Wo, Of 11 "nnint, H l" ondeiswiod and apW that Ow kwW&M don M cMD untler IN pandsinin
doc-, iteral entitle I andkwi,l icu �,ccess any (if Fertwe's RK cw emMmiahmmW Ankly A Onvmk
(o filov, During pel wod of uinry into we Wil I and4ml Oiah use es hof efkirtw not so divlwp�
:E
the operarion of IfronCs bmires.[ wdwrrnore, I ow nwN rom hj 1, fl mwns m Ow NanNn av;
roarrowO4,nece,;sary to prmcc, Pudow pdvacy in ncconLnwe "Ah apWWWe IMY
v�ocfion 15 2
biilcfing over, or ffirrne QhwSux cmdWS ws oofktahWhMAN MNT UhMLS swOv&hWlyg ioHwr pordo"m ig WWfArd nim Rorn Ame M Owij�ch poniMWg hhe,
1111W
appeaeatwe themof m conAlwi of'hudimsi Hwmh Q Fen= prodwyn I micHoW Oves Tnmm p4m wrimr,
Inqmcc of it,n iwetl6cals'
AJUICLE XVI DEFAUUT Al)�D REINIEDIF,'S
Vycrils
11 he Vhxwkhnp ,hO he considered I�vcnis of I)Oaiu
GO I he filduye dal I enant Io isay, %Ocri due, aaany 4istalihnew of rent or addhAwl rent or any other
mml P)Wc h) [SWU nmkr US I tase W6 StIme has co;Wnud mi mmeld by I MWd Rr a Pubd
or f1we (5) hudimss dass aRer %kducn iookc 1hemof shall have been joven W I enani by I WoR
(I"o I cruani's fi".'Olurc to WHOm m I mmiW4 Wation or WmA of, m of We MWV cmemms W'
condition" of' 06" aO'dCll faHUTC, WAKon (w Wadi W cembmw ummmmlied by Wtur Rg a
pc6oki of fl'6rTg ( 30) (hiy S caner I andWrd Wdelkemd "rMen nrKe Tercofbo Fetmoi Pq W WOW
pct'od &; rnay ho nccc,ssary 10 Nrncdy Such failure, N iolalicm w breach %N ith due difigeirce,
Se,Mon W2 Larn0ktA
I:pon Ow occurrem"c 14 my 11M Y4 IMNAL as as rnAl Owroof"and vivithow other raction by Lamfl(od,
I amlhmi Wall have the ophon to (0 dedwe Ow HgNs of Fomm md" t& Ue WrmKowl and TemaReir
te.�,"o%cr rooww,sion oftlw. flrinnkc,s dvroeigh Rgal pnxesy (Hy pr(weed for -roast due lmaa,ttnlllrrrernts ofthe Rent
;ind anther due, nnmNWg W dghs in pocced later Or Ow rennWiring OWnrenK tu (rrdf pWWW Wl'),
other remvdies avauWc al he, (w in eqdy to larnHord on account of the Event of Dctauk, Landk'rrd
mprec" ro use icawnable efforo, to YnaOgalc dwragn on amount or my dART by Townt. AN or we
rern,e(fic" hercinbcfore l,!ivcn to I andlord and aH HgMs amd wmVies jovoi to I by law mul equity skil be
mwkWke W cmicuarn The takhg mnecoveiOg (40o; Premims W mx Qdw WONW of my of
its rcmedics or acfionq a5gpm mor ofmy
mton 6" rmn ow for brach ow delhull under ann
y len, condiflon covem, Oie rcsoyt to aw
iv� hc�
rvmcdy lrercin provkkd Q Ilk rumvoy v&= be smsmwd w a wlwi AW HWH no oMWn pow"Kn
of OW Ne"'es,
Sechm 163 WWWWARWO w WWNWA'
Any kn%, usage or CUAMI W he cmvm% nNMONWdWV I WWOM Sol] We OW Not W an 6M. m
cnfiarcc ah terrus, coindiiions and covenants hereof in ,tXk�t arLoid'mcc hercvith, any
cmWuci (w cushnn on Me Mat of & I andOnd in rokaWg Prom so doh, :a any Hme os Hmn. i woe,,-,
Hic kdfdro of tl mldlmd A ato trine or thnus to cnAme ilk rrphvd in acconkmce, wsith dje
,a, ma: shall mr� he construod nw hnkg meat a cuqmn W my "ay m "mma c"my w aq qKdNjum,
condAW o; cmetnant hersT or as having W wj %uy or "mnmT umdMed am ymw,
'q(MICE's
90
Salon '117. � :vdartna �<,
�y88 i�aanti,.a� ,. dpu^rror run�Ns. to°adxua �,tr� aror a�atdua'"r trr�truarr'sc rrt°, tPaant ,ao�a ua°cptxau°��{ csr' aura} Brod^ pxxvu.rro uar'aadd^.r sdwnr d � a a, °.lurold
c t1 °, cried, 4raa�,t0P, ptr,�drrrua4,
lea Vuw�°iir ��ctVx� w� in llroa:�rr��anrx., Vaw rcppir,�f�zVu� x�^��xk ��w�as� o��eux�x.�P��n caraurec�o" air ���
ta:ucdd auu° CCT66Cd, retorn ueocipwt rc.apuwt°,led, ad dreY,edd Rut OiC .uad(d 'let doc lh xru tdna. L, x.,e° Snrltrt'wry.
`+rsc:dn inay be elluraxud?`M In cut er pecan) by xnaatxev c&rddcenn d as Xsve„ u°raaacradn1 to the Wha.a du,urty.
"Oke rli:ald v cta^ med to lro uva been given cd dna uw Tue.tap adVw jejii Cuacd dx's pwCx ,,un cern dwr puxakrolr(a.arocurN r, aur ofnur c:
I 1 p Q d °adt r rvhoi rru,uxla T as ^,dxaccaan der a prtaup xurteultiisv, wv(alemeant dd d €aruMord m rrni'� ainaMp^,atyca Aadll
"us readlba"`,t of fien aunt, d c rn,uurt shad ,;end ^,ULh eir011g,aw.gI ,e 0wp) Of HUH rourod e tdnaeaaaP"tci Neel 10 1 andlOnd
Sec6on d8' d 7tia ratnr:de l
Al the a xp K atuaarro snro "'ase, Fendro sN"01 pry i^cs,'Od Prernw,a ,, h°�roOruu
u Va°,anr and in the wvruroe c arxwa4itdraux cud l eP aua . we na;°ruutdc e emOuw twu on Ow (cuxs�roaune n a nit rut DWQ awr°cda`M Y
ccem and war and abrrniurgc d'c`ti m we gra cvtdser c a,ca<adt'.n excepted. ted. /"'tit vuc h thne I enow rllW1 ni neamVer adll
ke'e ducx tdna° dla:°arr sew t+n p.°arnc:klaard4 sat Owyadue awn t'h ed 4or die preacyn w w o aMit mW aJlr, T 41 Warf°a4;rrwa,r,
�Udtdn'r'C tiaras9,2,r:r'move,adfdtduoowa6efixt.wesp'ra6an¢a staraam4h,thaw6"x°aw;xk%arWrkr;uC1ia.pr Yc,aTapxu u�ge
tar the d"x°etni"es cdiuwvcd memo 4..°rw<aaw% awdw`xddWim to 0 .u." e eros pwe°u•Eawni ?k oura°raw ryMH ;*sande die
a llmOaro m aroVdam is^raruarartworw ofthe tom orth , Own
"racficaiu 44).d No d4u'aad<at^r
cad dr lraarv;c
is ce dnro,,a unT,, to rdxat +sptulier pcd ,xrq MptIxme
lace uoroest
tarua.,till axuuo1h o cdmn ,"drnt�;x,lp4a�r drrrk�cr°�uG e a�aucr wig ,;,,) tin or [ MIT
'Gara.e ,, 4°uees
in crxsrna^ctwrrn ro"Nth Thi" d.a.va,rr.
v,aatiw ton 19.2 ero�uurott 4,dnpaay�.?.4,,.4d,�
d ,ausdioa cd acarraunt , tdnrawt W1 amat QmH pa y 01 a°arrxtd mid artdrer sums as parrvua.dec'l herein to h)a, padr4 h" Tenant
and fie danrrrn aaH tlhe e�(ura°atamh aw8`we I eme tr 1w psarlaar°med h) k`a°ruuxuy on rarra,xxut rYWL a4rautuV tllwti= p�aini
lic°aecrb free t, pac.acwer;Q ami adoGOV drm"y mA ccrw„p q We NH psaroawyw,xsurn of the d'eenii'i,e, together Qh
radll appsunrteruc icos, and ,,,fli rtdnc°a rup.lita> and prordvrdages hcre,firs 7ynua hN.1„ avrot&rsraut dauaw,driarra::e +aa rxate:rriuprtdaars hs
I aaau.ddor d or arw cpxlne r pwenuampsy.
:tduurro 19,", �:'o ca ywdy�ca,r`c
yTleeaxc°cern ar &1e is xp.daaraa e(] hetch'i on rnw9'kh' or a. paexirwd of turas. is aapcl oc ntvd ccithin ralndcla, c other party
hoti io K rFr%puuimad tc) a4ca sax e°rcrrpndete sarn� ac. rra.wer or tdnusig, tkrar txrr�aew for Ow c9a bqr or c owpx ciiawxu thc'r.cof
"hall he (•d tr'nl de d h) a period iod a:rfd ntic^ eadoart to We uraaxanNn of rdcay c on gar eWHn p mVikh sot pan, ds, par ec emea;d
d°a~mitn., or P, irate°rdpam d "AM We e4rrxaasy ori r°rcsinnprlctraurw erf sec°hu acs, rrratter or tl-ndrrtn, hsec xr."'e Fwd "rfl' es' dc.d,
rcxuts„ asd Labor car° rur�cridals' vkai' ' r^helhom,, r, i,,crrder,
di°rptar,atiusra est rintio noll aa. uu4"Gtacd„ awr ra lier ckanes, hra°pm m! mwh ps artr. s re.°rmrrou.wl k c°omrcnl.
section Pc,4.4 �te lauLpf °sari w?.tmd.p
riles arthcr.r"i,c e°N,Pn ,% d,tM e d Vxac, m "herteca r I wrvflorcd' ; consent u" recpauuuxr.I wider thvi mrrks
on"eant O ald swarf he 2.xuxra.ac<<Nuuaallulp swdtlnl-w dd' q,taaadfio('4 or adel wro,c°:cd
91
o;echonii G 9,5 & lohfiin,n ( )a,cr
A ny hoiding m aheT the exp4mion of Tele nrn whh Ore cumm aA kmAwd WO 4 cmmurmd m be ca
rnonfli to rnnnOi uciumcand JueH hic, ,miject to the to of thk kcaw.,If I cmant MW over wNhhnut
LandIcryd's conscro, mwh wnnnc� shaH �,w ( ormn,wd as: a fenancy znt sujfi,,��ancv and I cwtnr shafl pay "ts
hokico'cr roo an annoura eqw! mime hundred per emu I I 001Y i40w pnmcd Roo kwwwh da) Wknafrt
ftdls to "urmhjel poswo,,,Jon of the Ptenikes to Landlord
Sol Kn 19 6 PjqgWng,
NeWr fancHmd = Immm W mcmA IN jxww Mow dw prkw%dwn cmwal ddw 0[hu MY,
Larch flarlt hcrcroap;r(T's Ihai, uiscul flic rcqucm of! and at the expew,c of, 0,re reque,4ti-qparty, (he other,
Pan) W eweme a Wo h"i m nwnimandunr on 0cw,c, in recoirdMfle ferfin,
ye°Oion 19,7
I Ws Inme ssets b"M Ow emim agenand Ween Ow pwgN wo dwm my mmWw"jmcrnnK cynessed
'm 411phed, crai or w%Httcn, except w, herein Set R)IrOi Ilds I ew,e urnAaar not be afneinded, zdwted cir changed
Cwccpr in uai nturop, execoled bboTh pannc-, itereto,
sco km 19 8
i he capOoirlr, trikk nwoen a"mity in wk I &me we Kawd ordy Ir Aa:
convenInce of the paides and shAl not &my up, Mct W mmurringcor Wn; of my ponionof INs I ease
Section r9 9 Parliaflnvaij(ft ,� pnot,u,,qpseruc,tioii
J he secflons of fids I xase are Wended to be sevemNelf my scobn or pnwkhm of Ads Vuse qMH he
IwId to Iv umn0malk by mg o"al d cmqdcm QW10on. thin, I xase WIH he cononrued ns though
suchi wcfion hLid nom been hrCkrded in fl, hfmiy sccflon or provkiorr o40w Lease shafl be, ,uhjeO to tv,'o
MKINIM&M. mw of "Wh "(W reWersuch sec6orr or pmvkhn AMU Own W Won W he ovmi
OW cuwnmhn UK %mbHoMer h WWA hK [vase shWI nor he corwrucKrom"My qqhm Wry
paxr, rco:,.wdlcs,s of wxho k responsible For its prepall"Ifion
',;c,ctkm G Q, 11
I he pro% Nionv of thin Nase shall be Wkq uNn Ow msixoNe pMVsJwMo W Owk mNmIn WK
d(dnonknake's, ajccosor,, and assigins, pro%ihd flun Ihis poviMon slush mm ?w demik he cwNent by
I mWOM to arn nuhhoWng or wsjmen; h) Me Amrs, excep"s nprv"o pmarled ImAn,
SeMon M I I Ima0w WSWUMS
I enarn; WhAl nvo he rnparwikle hr wD Hasudous Srkmarwn Anned on Ow ProWn at We Wre [AnTord
delk ers posws�,knr 40W PmOws M Tmwm. I emun W mn me, gaterwo mm, o"Agne a HoutAms
sr iy jnnccon dw, PrerrdscseNcco We cu Whad in amneohn "hh KnankoperWhms Such
Hwandcnn SINmwe"hA he met gmweed, Moral anti dkImsed of in accrewhnce Wh appkahk lavo,.
Fow the, puipo),;es of On ILease, I lazardons Subst,"tces" means suhsUmces repMed under Idwal law or
to ow w"s ddw qmc or nmnktahn in "hich Ow thenikew are Woed, am! including but not Inded v, -o
I 'I, and pen-Ncrmu ii chated prooiucv�
sbcam. rwhooNve ,
Solon I A 12 Null! W
92
I I CMC lorc%mn Knon Ows nwanAtOw a Pm"A",
rict tho p ca"o Kzcomew CHYM a% a leme onn n,on excuwkm and Mwry WM by 1AMR1 Wh
h eianl('
So :I win 1911 1 hmah mule
I md"d wd I amn; enwr ink) 06s I UdSC "In OW iw a of cond"v Ong I Pick rehlWhip am I KWAMN9
HW Pw%W am hermf W WH corn ph wee %Hh qa WN AdmA q me W Gary h WN
Section It! 4 RM (5, Smilmsy WIN
RAm is an ram ndly ocmuhng Wkwile gn do, "No A has ucurnulnuad in a hudIng in Wckrlt
Ll WAT'M h erim, pnNe n! hea h A rkks Io Ivermms " ho a w c x poW R) A over I A no I x ; e No of rM i = ax ceed
W&A W 1mv guMmn hue hmn MW in NWAqn in Md, Addidowl AMMM WaMirq,
radon and Won InAng may he Maked Mqn We conny—pubHe healfh imP
Scclkm 19 1,5 �,J,'ib i ere i gjl, I m M LffJ iy
kxh party io flik U eaw ;qMes W he My iesp3mikik W. mid asswneh an ' v W M! ml= kv reMled rx A acts
wA"kQMv orib ennphyml ;;nd apmIN an or. orMsJons Y%hen MW )niflnn lk �,Ccipe ofernplofmClit
011 agens. and at�rees W he NOR Aw mg puipm, Mye m persomd QuD rewhing Wn sAd aus or
olnksions� kmdkird md I ami; Muen minuAwd WK. Wcludkq IS AnTONS AMN he
omsnued or iwcrprefM to 01 My hy to chihm pan, an) romiMy o"chme mAlble M such pa my Wm
aw fusee q M Ow SWWAFAM to Ow coyv"ela of] ellaw or Hie Snue o� Horidaor flhcirapanln auid
In he owd: m Mil a "W"T oNAkr FmmWs w 11w Swe WAWA mmuckgHmmmMy bqmW this;
Hmhd "Wo proAded in sodimi 76808, Molk Twwm,
'�ociion N )() , c'
[n accordan(c kklihi "111,1PIRM Mudda law W njWMAts Won 2512501 MKS Adwev, I enani's
peddor [nanco and oblipatXor n) pat/ under thh, Itase iq condnBrun qwn an annual appmpdwhon by the
Florida pare islaws In Te ewm Be FhYWa JaWslatmv dms mm gTwRhw KdAn a allklm nmmmt,
Or 11nan; lo ywrAmr in, Wgadonw hereundii,,r, Tcnam ninay teniihnine this Vea!,e upor) %aYitluyl imrrrncv to
pan(Hord
SmAnn 1117 PuMW—Qmmads
IN, Ixan is AQ1 U) the HIM Records d,auroar of the 10ale of FEW (Iwoey I IT, khoub NAHwe,,.
I andlord and acknov,,ledges, i1v arvy hooks, reconk, or oiher
tnf'ommik'm kep� or ohtdned ha' feliant, m [simi"hed by kindiorcl 11o, 1lnrnarurr, ht conro%n iojrr ro�iih rhi"
or the 4crunes connivinphoed 1wrAn, and any rep owl roomis, am PWTc MWAS WNMI W impolion mi(A
copw' 41g hy ineinher", ofiihc puhhc pursomnt no opplicalfle pubkc, rvcordkm'' irrciMirg( haptcr I I Q, T'Ior id"I
shlmh'a Te'raml n1a; =Mwe ks Lound mn drne hn WAMs reihowl w salt/am ImIAW a"vs wwPl
docurri(W'S, [Mi)cl ,, lenrcrs, or wher watcrids subbPA to We lmovidons of Clutpla 11% Houb; ShnuiN, and
madv or reo"ked hciihev parBro in oonIifre don nsnh 0)i'; I c'a"C
S M1 h M 10 18 (Q! Ps Wig %
E
93
IWs Lem and A uamau4ms gmen, b3 IQ Levu AT he gmenwd h) and amnied and urrMmed W
&coidalrce �kfi Olc hm, "dw SWe if Wida "khma wgmf W primtkn A cmWkh of I<rr Y In A,,
O%unl of any Qal or eqt<dfle action aj°ishg unda Ws Lane, dw Immks agme 1W Ow Qdhahn and
venue of sudi wkm qhaH He eNxjmj%d% "Thin We cowls and recon! of Ow Sime of FhwWa Imawd in
Machria Ccmnla, spatia flcaH�y %""dre an'% clothed ptirtq]iiokm aml vc'nuu'
�ecfion N 119 No
'(Wlin!: in thk Loa'sc, ex;rmo or hqdkd, is haended or shoH hc construeed ro confer iqwn any purson, firm
("'COf'PONAIM11 OdWf' fluln Ow pmlics hereto and thele tier ray sij..�ns, anf R,'IWCCIn 011 CAWU3
Wdur (o hf rc'ason of IN', I case or anterm, cm,cnaw m condifi(in heirmt, as thirci paobencfi(Jarics oir
(ANO" n" and as IIP of OW tam co"manis and conditions 1wreW sNA he Or dic so& and excluAve benefit
of the pomiew hvrelowul NO permined succe"ors and assjs,
SNImn 1120 41 Owmqpq,
be execuled in lv�o or rnme couriteirplarls, �at�+ of Mlich shaP be deemed aIni orn�nl"d' I'wt
Who "Nch mgedier' "haH a.drm'6i ute onc° and the insur"mem,
94
P\, '`Wll ",,',I,SS W1 WRLAW tho imloes 1wrem We nmond Ns Lohnin sewcd COMM", ywh of
M6ch 4x17, iN NcdecI �ed an miginn I, as of, the da) and �ear fir,b al (me miMm
11TASSM
x
e
m
4""'77,",7777
TENANT: A I i ("
.. ..... .
t ly
rd
95
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII���UV�V'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
CONSENT AGENDA
AGENDA ITEM 11.E
SUBJECT:
Approval of the Commercial Property Improvement Grant Program in the Amount of $35,000
to Loveli Tea LLC located at 306 E. Boynton Beach Boulevard
SUMMARY:
The CRA's Commercial Property Improvement Grant Program provides eligible businesses
(new or existing) with financial assistance for the initial build -out costs associated with the
construction, repaid, and/or rehabilitation of commercial building improvement. The
Commercial Property Improvement Grant Programs provides a 50% reimbursement of the
applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000.
Under the program guidelines eligible improvements must be permanent items that stay with
the building. The Program also provides funding assistance related to the design fees for
architectural, electrical, civil, mechanical, and/or plumbing improvements for eligible property
improvements. Applicants are eligible to receive 50% of the applicant's project budget up to a
maximum amount of $10,000.
CRA staff has received a complete grant application from Loveli Tea LLC located at 306 E.
Boynton Beach Boulevard, Boynton Beach, FL 33435 (see Attachments 1-11). Loveli Tea is
excited to bring an authentic Asian Boba Tea experience along with homemade mochi
pastries and ramen noodle dishes.
As a commercial property owner, the applicant falls under the terms of a Tier II business as
outlined in the grant application. The applicant is seeking reimbursement for eligible
improvements to the exterior and interior of the building including a new parking lot, new
stucco and paint, new flooring, new walls, new ceiling, new windows and doors and roof
repair. The total cost of eligible property improvements is approximately $134,875 (see
Attachment III). The associated design fees for the project are approximately $20,012.05 (see
Attachment IV).
If approved, the applicant is eligible to receive a maximum grant of $25,000 in reimbursable
funding for the property improvements and $10,000 in design fees provided that the applicant
expends an equal amount in matching funds as required under the terms of the grant. The
grant is reimbursed to the applicant once the City of Boynton Beach Building Department
approves all permit requirements and the proper reimbursement documentation is submitted
to CRA staff or approval.
96
FISCAL IMPACT:
FY 2024-2025 Budget Project Fund, Line Item 02-58400-444, $25,000 for Property
Improvements. $10,000 for Design Fees
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan
CRA BOARD OPTIONS:
Approval of a Commercial Property Improvement Grant Program in the Amount of $35,000 to
Loveli Tea LLC located at 306 E. Boynton Beach Boulevard, Boynton Beach, FL 33435.
ATTACHMENTS:
Description
• Attachment I - Commercial Property Improvement Grant Application
• Attachment II - Location Map
• Attachment III - Project Quote
• Attachment IV - Design Fees
97
'""' � � � Il�i� IIVNI�II,VI
BOYN
1
Mae"
IIIIII IIII r 4p�'�gP,'
�mwa I I��'°�o dGN� d�RNfll@P19C %�,
COMMUNITY I�EDIIIIVEL OPMENT AGENCY
October 1, 2024 — September 30, 2025
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
COMMERCIAL PROPERTY IMPROVEMENT
GRANTPROGRAM
Program Rules and Regulations
The Commercial Property Improvement Grant Program is designed to help facilitate the
establishment of new businesses and aid in the expansion of existing businesses within
the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The
program is designed to provide financial assistance to new and existing businesses in the
form of a reimbursable grant intended to reduce the initial costs associated with the
design, repair, and rehabilitation of buildings or other improvements in accordance with
the BBCRA Community Redevelopment Plan. Improvements paid for by the BBCRA must
be permanent and stay with the building.
The BBCRA reserves the right to approve or deny any Commercial Property Improvement
Grant Program application and to deny payment at any time if, in its sole and absolute
discretion, it determines that the business will not advance the goals and objectives
established for redevelopment of the BBCRA Area.
For purposes of this application, the term "new business" means a company in operation
for less than one year or relocating to Boynton Beach. The term "existing business" means
a company that has been in operation within the BBCRA Area for one year or more at the
time of application and has at least two years remaining on its existing lease at the time
of Board approval. The term "project" means the eligible exterior or interior improvement
project for which the applicant seeks reimbursement.
The BBCRA is a public agency and is governed by the "Florida Public Records Law"
under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s)
Initials
1 of 16.•w W
Property Improvement I
100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090
www.boyntonbeachcra.com
98
may be produced the BBCRA upon receipt of a public records request, subject to any
exemptions provided by Florida Law.
Incentive Funding
The Commercial Property Improvement Grant Program offers financial assistance to the
commercial property owner or business owner in the form of a reimbursable, matching
grant for 50% of eligible expenses, up to $50,000, associated with the construction or
renovation of the exterior and interior elements of the commercial operating space. The
applicant may also receive financial assistance for eligible design expenses associated
with the project's architectural, electrical, mechanical, civil, and/or plumbing plans.
Applicants are encouraged to take advantage of the City of Boynton Beach's PACE
Program to help defer the cost of installing energy efficient items. Information regarding
the PACE Program is available online at: 1'1t/ J/ c l u l
bWJness1pgqpbusiness or by contacting the City of Boynton Beach at (561) 742-6494.
Applicants are also encouraged to connect with CareerSource Palm Beach County which
is a State organization providing various free programs to assist Palm Beach County
businesses. CareerSource Palm Beach County has a dedicated team of career
counselors, business coaches and training providers to help area businesses stay
competitive through training grants and talent acquisitions and also provide assistance in
posting available jobs, recruiting and hiring, and training opportunities. For more
information regarding CareerSource Palm Beach County visit their website at
Eligibility Requirements
Applicants must meet all of the following requirements in order to be considered eligible
to receive grant funding:
• Applicant must be the business entity (or d/b/a) named and the principal owners
named on the corporation documents, and must be the landlord or business owner
of the company occupying the property to be improved.
• Must be located within the BBCRA Area (see attached map).
• Must provide proof that the commercial business is properly licensed by all
necessary levels of government and professional associations or agencies (copies
of City and County licenses or receipts that the licenses have been applied for).
• Improvements to non-profit and residentially zoned properties are NOT eligible
expenses.
Initials2
Page 2 of 16
Property Improvement
100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090
www.boyntonbeachcra.com
99
• Applicant must have an executed multi-year lease with at least two years
remaining on the lease at the time of BBCRA Board approval.
• Proposed leases must be executed within 30 days of BBCRA Board approval or
the grant award is terminated.
• The Applicant's Experian consumer credit report must reflect an acceptable level
of financial stability, as determined in the sole discretion of the BBCRA. A copy of
the consumer report will be provided to the applicant upon request. Applicants
must have an Experian credit score of 601 or higher and have no listed history of
bankruptcy to be eligible. If there is more than one business owner, the majority of
the business owners must have credit scores of 601 or higher to be eligible.
• All work must be done in compliance with applicable City of Boynton Beach
Building Codes and Land Development Regulations. All contractors must be
licensed as required to work in Boynton Beach and/or Palm Beach County. For
any projects valued more than $250,000 (based on the project's construction value
as it appears on the Palm Beach County-Wide/Municipal Building Permit
Application Form submitted to the City of Boynton Beach), preference will be given
to projects that will use contractors with an office in Palm Beach County. Please
contact the City of Boynton Beach Development Department regarding the
proposed work to be performed prior to submitting a grant application.
• Grant funding amounts will be based on the applicant's project budget, specified
at the time of the BBCRA Board approval, plus an added 20% contingency funding
amount (for a total not to exceed the maximum eligible grant amount).
• Grant funds will be reimbursed exclusively for approved worK and approved
change orders.
• The Commercial Property Improvement Grant Program may only be used one time
in any five-year period for any one property. Entities hoping to improve properties
that were previously improved using a BBCRA improvement grant may apply for
additional grants any time after five years from previous grant approval. However,
Tier II commercial property owners may apply for grant funding for eligible exterior
improvements, which will not affect the eligibility of the lessee business entities to
apply for grant funding for eligible interior improvements.
• In order to qualify for the grant, the subject property may not have any outstanding
City of Boynton Beach liens at the time the applicant seeks reimbursement. To
ensure that the property does not have any outstanding liens, violations or monies
owed for utilities, the BBCRA will perform a lien search on the property at a cost of
$140.00, which will be deducted from any grant funding awarded to the recipient.
In the event that there is an outstanding lien against the property, the grant will not
be awarded until the complete satisfaction of the lien.
Initials
Page 3 of 16 �
Property Improvement
100 East Ocean Avenue, 41h Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090
www.boyntonbeachcra.com
100
• In order to receive the full amount of any awarded grant, the property owner or
tenant must complete the project, obtain a Certificate of Occupancy/Completion
from the City of Boynton Beach, and submit for reimbursement within 180 days of
the issuance date of the permit for the project. (As further described below,
applicants may request reimbursement for up to 50% of their grant award prior to
completion of the project.) If BBCRA Board approves grant funding and the work
being performed does not require a permit, the Certificate of Completion (or
equivalent) and application for reimbursement must be within 180 days of the grant
award. Failure to complete the improvements within the specified time frame will
result in termination of the grant award, at which point the BBCRA will no longer
make payments for any reimbursement requests, regardless of whether the
request was submitted prior to the termination of the grant. Only one 90 -day
administrative extension will be permitted, and the BBCRA has the sole and
absolute discretion to grant or deny such extension.
• Project items completed and paid for by the applicant more than 60 days prior to
grant approval by the BBCRA Board are not eligible for reimbursement under the
grant program. A complete application must be received within 60 days of payment
in order for an expense to be eligible for reimbursement. Once a complete
application is received, the application will be placed on the next available agenda
for review and potential approval.
• Grant funding may not be used for design fees alone. Grant funding for design fees
will only be awarded when the grant funding will also be used for physical property
improvements. Conversely, grant funding may be awarded for physical property
improvements even if no funding for design funding is requested. The BBCRA may
elect to fund only physical property improvements even if design funding is
requested.
• BBCRA Board approval of this grant results only in funding. Approval of BBCRA
grant funding is NOT approval of any type of City processes including, but not
limited to, permits and site plan modification. Applicants must apply for permits and
site plan modification through the appropriate departments at the City. Permitting
and site plan modification reviews are required for all commercial projects. It is the
responsibility of the applicant to obtain all necessary City approvals.
• Grantees shall allow the BBCRA the rights and use of photos and project
application materials.
• The BBCRA Board may give preference to local businesses. For purposes of this
grant, local business means a duly licensed business entity with an office location
in Palm Beach County.
Initials12
"
Page 4 of 16
Property Improvement
100 East Ocean Avenue, 4'h Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090
www.boyntonbeachcra.com
101
Projects and items eligible for funding under this grant program are limited to:
• Structural walls
• Grease trap installation
• Electrical systems,
including exterior and
interior lighting
• Landscaping and
irrigation within the
project site
• Awnings
• Fencing (excluding
chain link, barbed wire,
and wood panels)
• Electric vehicle charging
stations
• Hood & fire suppression
• Design fees associated
with architectural,
electrical, civil, plumbing
and mechanical site
plans
• Plumbing
• HVAC system
• Patio decks connected
to the building
• Doors/windows
• Parking lot re -paving,
re -sealing, and/or
restriping
• Painting
• Demolition of structure
and re -sodding of
vacant property
• Solar electricity and
water heating
• Signage
• Permit fees for eligible
property improvements
included as part of the
licensed contractor's
contract/invoice
• Flooring
• ADA Improvements
• Roofing (Not to
exceed 50% of
total grant award)
• Security
cameras/system"
(not including
security personnel)
** Notwithstanding the limitation that grants may only be used once every five years for
any one property, previous grant recipients that received less than the maximum amount
of grant funding from Commercial Property Improvement Grants or Economic
Development Grants are eligible to reapply to receive 50% matching reimbursable
funding in an amount not to exceed $3,000 for the installation of new security
cameras/systems.
Ineligible Businesses
The following businesses are considered ineligible for assistance under the Commercial
Property Improvement Grant Program:
• Massage/Personal Services
• Firearm Sales/Shooting Ranges
• Religion- Affiliated Retail Stores
• Non-profit Organizations
• Adult Gambling Arcades
• Check Cashing Stores
• Medical Research Centers/Housing
• Massage/Personal Services
• Churches/places of worships
• Alcohol and/or Drug Rehabilitation
Centers/Housing
• Vapor/E-Cigarette Stores
lnitlals,._ _, ;_.._
Page 5 of 16
Property Improvement 5,
100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090
www.boyntonbeachcra.com
102
• Adult Entertainment • CBD Retail Stores
• Political offices, campaign • Any other use that the BBCRA staff
headquarters, or other businesses or BBCRA Board determine will not
focused on politics or political support the redevelopment of the
operations BBCRA Area
Grant Terms and Conditions
This grant is divided into three tiers of eligibility. Businesses are classified into tiers based
on the type of business, which then determines the amount of eligible funding. All
reimbursement checks from the BBCRA to the successful applicant will be made out to
the applicant (the business entity).
Grant funding amounts will be based on the applicant's project budget specified at the
time of BBCRA Board approval, plus an added 20% for contingency funding, the total of
which may not exceed the maximum amount of grant funding for which the project is
eligible.
Tier One Business
Tier One Businesses are eligible for reimbursement of 50% of the applicant's project
budget as specified at the time of BBCRA Board approval, up to a maximum amount of
$50,000 in grant funding.
Tier One Businesses must be one of the following types of business:
• Restaurant
• Gourmet Food Market
• Bakery/Coffee Shop
Tier Two Business
• Hotels/Motels/Bed and Breakfast
(the Board will grant no more than
four approvals in this category per
fiscal year; short term vacation
rentals are not eligible)
Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project
budget as specified at the time of BBCRA Board approval, up to a maximum amount of
$25,000 in grant funding.
Initials F^'"
Page 6 of 16
Property Improvement
100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090
www.boyntonbeachcra.com
103
Examples of Tier Two Businesses include, but are not limited to, the following types of
businesses:
• Professional Offices (real estate,
law, architect, accountant,
insurance, marketing etc.)
• Medical Offices (dentists, primary
care, counseling, etc.)
• Laundry/Dry Cleaner facility
• Retail (clothing, art, accessories)
• Fitness Centers
• Specialty Businesses (daycare,
ice-cream shop, pet grooming,
event planning)
• Tattoo Parlor/Body Piercing/Art
Shop (no more than two approvals
per fiscal year)
• Take -Out Restaurants
• Services (lockshops, appliance
repair, etc.)
• Hair/Nail Salons (no more than 2
approvals per fiscal year)
• Florists (no more than 2 approvals
per fiscal year)
• Industrial Uses/Art District
• Auto Services Facilities — repair,
storage, sales, etc.
• Commercial property with multiple
tenants seeking only facade
improvements
Tier Three Business (Tier Three Businesses will receive no more than two
approvals per fiscal year and improvements must be for commercial facade or
security improvements).
Tier Three Businesses are subject to BBCRA Board for review and approval. Tier Three
Businesses eligible for reimbursement of 50% of the applicant's project budget as
specified at the time of BBCRA Board approval, up to a maximum amount of $15,000 in
grant funding.
Tier Three Businesses must be one of the following types of businesses:
• Kava Tea Bar • Pawn Shops
• Convenience Stores • Liquor Store
• Laundry/Dry Cleaner facility
Tier One & Tier Two Businesses Grant Funding for Design Fees
Tier One and Tier Two businesses are eligible to apply for funding assistance related to
the design fees for architectural, electrical, civil mechanical and/or plumbing
improvements. These design fees shall be for eligible property improvements as defined
on page 5 of this grant application. Applicants are eligible to receive reimbursement of
InitialsM"....m.,
Page 7 of 16 V,,
Property Improvement
100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090
www.boyntonbeachcra.com
104
50% of the applicant's project budget as specified at the time of BBCRA Board approval,
up to a maximum amount of $10,000 for the design expenses associated with the project's
architectural, electrical, mechanical, civil, and/or plumbing plans. If the design fees were
paid for prior to BBCRA Board approval, the applicant may request 50% reimbursement
for design fees if the final payments were made no more than 180 days prior to Board
approval.
Lease Terms
If the applicant is a tenant, it must have a proposed or executed multi-year lease with a
minimum of two years remaining on lease at the time of Board approval. The commercial
lease must define the landlord -tenant relationship and at minimum provide the following
information:
• A description of the space being rented, including square footage and a drawing
of the space;
• Description of utilities that are the tenant's responsibility;
• Rental rate and deposits along with terms of lease and methodology for future rent
increases;
• Responsible party for interior and exterior repairs and/or improvements;
• Insurance requirements;
• Ability to terminate; and
• Consequences of default on the lease.
Application Process
Applications can be submitted online at www. bo toiiibeach ..I. c ; . All applicants are
required to meet with BBCRA staff in order to determine eligibility before submitting an
application. Applications will not be considered until all required documentation is
submitted to the BBCRA office.
Application to this grant program is not a guarantee of funding. Funding is at the sole
discretion of the BBCRA Board.
Applicants may submit complete applications via email or mail hard copies of the
application with all materials to the BBCRA for review and approval by the BBCRA Board,
however online submissions are preferred. Applicants will be considered on a first-come,
first -serve basis. Application packets must include the fallowing documentation:
Initials
Page 8 of 16'S
Property Improvement
100 East Ocean Avenue, 41h Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090
www.boyntonbeachcra.com
105
1. A non-refundable fee of $100, which will be used to obtain a consumer credit report
on the business and principal/owners of business. Make check payable to:
Boynton Beach CRA.
2. Provide 2-3 sentence mission statement for the applying business entity. If the
applicant is a commercial property owner, provide a brief history of the property
and the current tenants of the space. This will be used as a way to introduce your
business to the BBCRA Board.
3. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's
project budget. It must list all project costs for which the applicant is requesting
reimbursement. The project budget must provide a total cost of the project.
4. If design funding is requested, cost estimate(s) from a qualified licensed design
professional. The cost estimate must include: scope of work, the business name
and business address of project, and the license number of the design
professional.
5. Copy of design and construction plans associated with the proposed
improvements.
6. Copy of building permit receipt/application. If the permit has not been applied for
prior to submission of the grant application, a copy of the building permit receipt is
due within 120 days of grant approval, or the grant award may be terminated.
Applicants may apply for one 60 -day administrative extension to meet this
requirement, and the BBCRA has the sole and absolute discretion to grant or deny
such extension. Any extension granted under this paragraph is for this requirement
only and does not extend any other deadline related to the grant.
7. Resume for each principal/owner of the business.
8. Copy of the corporate documents for the applying business entity.
9. Copy of executed multi-year commercial lease agreement.
10. Copy of Warranty Deed.
11. Two years of corporate tax returns (for existing businesses only).
12. Two years of personal tax returns for the principal/owners of a new business (if no
corporate tax returns).
13. List of jobs to be created and filled including job descriptions, pay range and weekly
schedule. For existing businesses, provide a list of all current positions including
job descriptions, pay range and weekly schedule.
14.A minimum of four color digital "before" photos of the exterior and interior portions
of the project.
15. Initialed and signed Program Rules & Regulations (pages 1-16).
16. Authorization to perform credit check for the business and each principal/owner of
the business.
Initials
Page 9 of 16
Property Improvement
100 East Ocean Avenue, 4'h Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090
www.boyntonbeachcra.com
106
17.W9 Form and Grant Intake Form.
18. City Planning and Development Department Acknowledgement Form.
19. City Permit Department Acknowledgement Form.
The above referenced City Forms (line 18 and 19) must be completed and submitted to
the appropriate departments, which are located at City Hall, 100 East Ocean Avenue,
Building Department, Boynton Beach, FL 33435. Phone (561) 742-6350.
Approval of Funding Request
All re uired documentation must be submitted no later than noon two weeks rior to the
second Tuesda of the month. BBCRA staff will review the application to evaluate
whether the project is eligible for reimbursement. If it meets these requirements, BBCRA
staff will present the funding request to the BBCRA Board for review and potential
approval.
The BBCRA Board meets on the second Tuesday of each month at the Commission
Chambers located in City Hall at 100 East Ocean Avenue, Boynton Beach, FL 33435.
The schedule for BBCRA Board meetings can be obtained at
.i _ntoigbeachcra,coai. Applicants will be notified of the date and time that their
applications will be considered by the BBCRA Board.
The BBCRA recommends that applicants attend the BBCRA Board meeting during which
the Board will consider their applications in order to answer any questions the BBCRA
Board may have regarding their applications. BBCRA staff will notify the applicant of the
BBCRA Board's approval or denial in writing.
Site Visits
BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board
and once the project is completed. Staff may also conduct unannounced site visits before,
during, and after the project in order to determine and ensure compliance with the terms
of the grant.
Procedures for Design Reimbursement
This portion of the program is designed to reimburse applicants for design fees associated
with the property improvements provided for in this grant. Funds must be paid to qualified
design professionals licensed by the State of Florida in order to be eligible for
11
Initials
Page 10 of 16
Property Improvement
100 East Ocean Avenue, 41h Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090
www.boyntonbeachera.com
107
reimbursement. Funds paid to licensed design professionals acting as subcontractors are
also eligible for reimbursement.
The reimbursement request shall be summarized in a report and accompanied by the
following documentation for the completed design work:
1. Copy of contract/scope of work with design professional.
2. Paid invoice describing work completed.
3. Copy of final design plans (pdf copy preferred).
4. Proof of payment(s) totaling contract amount, Payments in cash and/or
cryptocurrency are not eligible for reimbursement.
a. Each item must be supported by a cancelled check showing the face of the
check, as well as the back of the cancelled check. The only forms of cash
payments that are acceptable as evidence of payments are cashier's
checks and bank transfers. A copy of the cashier's check to the payee must
be provided as proof of payment. If payment is being made by a bank
transfer, a copy of the statement from both payer and payee showing the
transaction and/or copy of the email/text verification from both parties.
b. Electronic payments must be in the name of the applicant and show the
transaction date, amount, account name and recipient of payment.
5. Proof of permit application for (or including) item designed.
Procedures for Property Improvement Reimbursement
This portion of the program is designed as a matching 50% reimbursable grant. All work
for which reimbursement is sought must be completed and paid for by the applicant prior
to the release of BBCRA funds. The applicant may request reimbursement for partial
payments throughout the project for up to 50% of grant award. The remaining 50% of
grant funding will be held until the project is completed according to the City of Boynton
Beach Building Department, and if applicable, a certificate of occupancy has been issued,
at which point the applicant may submit a final reimbursement request. The BBCRA will
provide reimbursement to the applicant upon submittal of a complete reimbursement
request package.
All reimbursement requests and supporting documents must be submitted to the BBCRA
(3) days prior to the grant expiration date. The BBCRA may refuse to issue grant funding
if the submission is not received by the specified time.
Once the work is completed the reimbursement request shall be summarized in a report
and accompanied by the following documentation:
Initials,9e—I'l
Page 11 of 16 e,
Property Improvement
100 East Ocean Avenue, 4,h Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090
www.boyntonbeachcra.com
108
1. Invoices, receipts or other acceptable evidence of payment from suppliers and
licensed contractor(s) that have been marked "paid in full." Proposals for "work to
be completed" or "bids" are not considered proper documentation. Payments in
cash and/or cryptocurrency are not eligible for reimbursement.
a. Each item must be supported by a cancelled check showing the face of the
check, as well as the back of the cancelled check. The only forms of cash
payments that are acceptable as evidence of payments are cashier's
checks and bank transfers. A copy of the cashier's check to the payee must
be provided as proof of payment. If payment is being made by a bank
transfer, a copy of the statement from both payer and payee showing the
transaction and/or copy of the email/text verification from both parties.
b. Electronic payments must be in the name of the applicant and show the
transaction date, amount, account name and recipient of payment.
2. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax
Receipt).
3. For partial reimbursement requests, a Partial Release of Lien from licensed
contractors must be submitted.
4. For the final reimbursement request, the following must also be submitted:
a. A "final release of lien" signed by each licensed contractor(s). See attached
Sample of a Final Release of Lien form.
5. A minimum of 4 color digital "after' photos of the project.
6. A copy of the Certificate of Occupancy/Completion.
7. All in project costs to open or renovate the business for reporting of public to private
dollar match.
By submitting the final reimbursement request, the applicant warrants that all bills for
which applicant is directly responsible related to the project are paid in full including, but
not limited to, all contractors, labor, materials, related fees and permits.
Grantees may not submit work improvements for reimbursement that have been used as
part of a reimbursement request for any other grant program offered by the BBCRA, City
of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property
Improvement Grant Program will only reimburse applicants for new expenditures that
have not been submitted to other grant programs for reimbursement.
SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF
FUNDING
Initials
Page 12 of 16
Property Improvement
100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090
www.boyntonbeachcra.com
109
It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant
Program's Rules/Requirements and Application.
NOTICE TO THIRD PARTIES: The grant application program does not create any rights
for any parties, including parties that performed work on the project and landlords. Nor
shall issuance of a grant result in any obligation on the part of the BBCRA to any third
party. The BBCRA is not required to verify that entities that have contracted with the
applicant have been paid in full, or that such entities have paid any subcontractors in full.
Applicant's warranty that all bills related to the Project for which the applicant is directly
responsible have been paid is sufficient assurance for the BBCRA to award grant funding.
CERTIFICATION AND WAIVER OF PRIVACY:
For purposes of this certification and waiver of privacy, the term "I" refers to the applicant
and to all signatories below individually. By signing below, each signatory represents and
confirms that he or she is authorized to sign on behalf of the applicant(s).
I, the undersigned applicant(s), certify that all information presented in this application,
and all of the information furnished in support of the application, is given for the purpose
of obtaining a grant under the Boynton Beach Community Redevelopment Agency
Commercial Property Improvement Grant Program, and it is true and complete to the best
of my knowledge and belief.
further certify that I am aware of the fact that I can be penalized to the maximum extent
permitted by law for making false statements or presenting false information. I further
acknowledge that I have read and understand the terms and conditions set forth and
described in the Boynton Beach Community Redevelopment Agency Commercial
Property Improvement Grant Program Rules and Requirements.
I understand that this application is not a guarantee of grant assistance, and that award
of grants is at the sole discretion of the Boynton Beach Community Redevelopment
Agency Board. I understand that the purpose of the grant is to further the Boynton Beach
Community Redevelopment Plan, and that the Boynton Beach Community
Redevelopment Agency may decline my application for any legal reason, including the
reason that granting the award will not further the Community Redevelopment Plan.
Should my application be approved, I understand that the Boynton Beach Community
Redevelopment Agency may, at its sole discretion, discontinue grant payments at any
time if in its sole and absolute determination it feels such assistance no longer meets the
Initial
Page 13 of 16
Property Improvement
100 East Ocean Avenue, 4'h Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090
www.boyntonbeachcra.com
110
program criteria or is no longer in furtherance of the Boynton Beach Community
Redevelopment Plan.
To the maximum extent possible, I hereby waive my rights to privacy and confidentiality
for all matters contained in this application, and give my consent to the Boynton Beach
Community Redevelopment Agency, its agents and contractors to examine any
confidential information given herein. I further grant permission, and authorize any bank,
employers or other public or private agency to disclose information deemed necessary to
complete this application.
I specifically authorize the BBCRA to run a credit report as part of this application, and
understand that information in my credit report, including a record of bankruptcy, may
disqualify me from obtaining grant funding.
I give permission to the BBCRA or its agents to take photos of myself and business to be
used to promote the program.
I understand that if this application and the information furnished in support of the
application are found to be incomplete, it will be not processed.
Business Information:
Business Name (and d/b/a if applicable):
Boynton Beach Business Address:
Applicant Contact Phone Number:
Initials
Page 14 of 16
Property Improvement
100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090
www.boyntonbeachcra.com
111
BOYNTO R,A
II121111Ii�IlU�IIUIIUIII�I",�
APPLICANT INFORMATION
APPLICANT SIGNATURES:
1. _ _............._..___......
..... ._..........-...........----_. www-.._._..._... .------ ----w-p------
l3ri.....,....,p.,.,.,. '15g
... nature
rind al/OwneXrX % �`NIC��
a
_ w_....�..............._.._.....................—.µ..........�,----..........._............._......._µ_....__..._............_ ....._._..........
Printed Name Title
2. "�.� ._ �.......�...........�_.....�-.._..........__ww..._...�....�..�............_._...................................�.... 1
PrincipallOwner's Signature Date
Printed Name
3.
._._www
Principal/Owner__... Si nat's g ..—....ur........ _........_.... ........_...�,.,.,,,,......._�._..................._,,,,__,,,.µ..—.._.._ ...... __.� ._...._... ww.........
..e date
._.,_..,�.w.._w.��........�,..�._....._W._w_�w......................�..._ww...-_.....,,,,,,—w..___......_�..w.....�.�....--..�..w.ww��.............,._.,..... µ....,.,..�.____ww.,._.�,._µ-,�._ .w
Printed Name Title
4. Principal/Owner's Signature m .. _....... .................................www _.a _._...._wwww �................._.-__.....w_...........................Date
Panted Name.w.._w....._- —~_..------- ....... ._...
....
_.._........................ —,�.. ..... ....._..w.�.........���—_......_ �..........� _w.w...
Title
Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing
individually
STATE OF _tVviv
—ww
COUNTY OF
BEFORE
llE.—ic....e_r...d.............Y..
..
...authorized
_b...y.
......l.a-..w,.._..t..�o ...___m_..._n._._.s.....t...e..._r..oaths aacknowledgements,
personally
persoaappearedt� ��who personallyknown to
c,
rr
ter prodasentifiation, and
acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in
it and that the instrument is his/her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and
Count aforesaid on thisw�
_....�w .... .:......... W.._w._ww..............day °�_� .._.....
20yu -
BONNE N CKLIE
..... ..,m.� N � SLI
gill,1
Yp0°<<eNotar Public -State of Florida y �'pmisslon Expires:
w= Commission # HH 87189
My Commission Expires
J9Foili�o- _ 05
May 25,22
........,
Page 15 of 16
Property Improvement
100 East Ocean Avenue, 4"' Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090
www.boyntonbeachcra.com
112
IVIVIVI
BOYNTON
BEACH101
l
LANDLORD INFORMATION
LANDLORD SIGNATURES: By signing below, Landlord consents to the submittal of this
application and understands that approval of the application may fund physical alterations to the
property. Landlord understands that approval of this application does not grant Landlord any rights
whatsoever, and specifically understands that approval of this application by the BBCRA does
not entitle Landlord to seek payment or other recourse from the BBCRA. ,
1.
2.
111461'a '/
Landlord's Signature
r:r1cev14
Printed Name
Title
1.21
Landlord's Signature Date
�. e ' ""
Printed Name �Title
Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing
individually
STATE OF
COUNTY OF
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements,
personally appeared t� '�° J±yj i who is/arepersonal) known to
me or produced __µ--_µ w_w - e as identification, and
acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in
it and that the instrument is his/her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State andCou y
aforesaid on this -......._..._- -... day of 20
N'�rNbtar Public-StateEN
Commission on #NNIE ) HH 87189
V,,,NotaryFlorida N P LIC
commission Expires:
%4ocrsPa``� My Commission Expires
unnt` May 25,2025
Page 16 of 16
Property Improvement
100 East Ocean Avenue, 41h Floor, Boynton Beach, FL 33435 - Phone: (561) 600 - 9090
www.boyntonbeachcra.com
113
IIII'rllllliicatliibii'i Commercial Property Improvement Grant Application
Status Awaiting Decision
II%luu°re Lovel i Tea I I c
ouit,act: Illle . alll Douglas Flank
Nairne
Cointac't doug flank
°forii���'e(�J III' auii ie
ui°°ui°maliilll whaleteadelray@yahoo.com
ddul°°cess 61 First Ave, Eastrockaway, New York 11518, United States
elllbslii't r https://www.tiktok.com/@Ioveliteadeiraybeach
S Ille&iia III
f e oes'ls
Sifllllcui°rrli1ted ""'t""'liiiuurre Nov 18, 2024 3:20 pm
Additional Information
Boynton Beach Business Address:
306a E boynton beach blvd Boynton Beach FL
Provide a list of all principal owners listed on the corporate documents
Douglas Flank Shuping Li
Business Mission Statement
Our mission is to provide the the town with a real Asian Boba Tea experience along with Home
made Mochi pastries and Ramen Noodles.
Are you an existing business in Boynton Beach?
https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=445369 1114
11/19/24, 8:56 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny
No
Numbers of years in existence
1
Are you a new business in Boynton Beach?
Yes
Description of your business
Food and drinks such as BOBA Tea selection of snacks and Ramen Noodles.
Type of Business
Tier II
Base Rent (include CAM if applicable)
in and around 4000
Square Footage of Current Location
770
Square Footage of New Location
770
Number of Employees & Job Descriptions
7 people cleaning ,prep cook, POS,Manager
Hours of Operation
7 days a week 11 -13 hours a day
Are you applying for grant assitance under any other program offered by the BBCRA?
None
Are you applying for grant assistance under any other governmental agencies?
no
Landlord Contact Information
loveli properties Ilc 61 first ave East rockaway NY 11518 516 547 1719
In the following sections, please upload the requested documents. If more than one file is
needed in a response to an individual prompt, go to "Choose Files," select multiple files at
the same time in order for them to upload.
I understand
Upload resumes for each principal/owner listed on corporate documents here:
File uploaded
Upload a copy of the lease here:
File uploaded
Upload a copy of the corporate documents here:
File uploaded
Upload two years of corporate tax returns here:
File uploaded
Upload City of Boynton Beach Business Tax Reciept here:
File uploaded
Upload Palm Beach County Business Tax Reciept here:
https://www. eventeny. com/dashboard/events/event/vendors/I ist/view/?id=12701 &vend_id=445369 115
11/19/24, 8:56 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny
File uploaded
Upload Credit Check Authorization Form here:
File uploaded
Upload Business w9 here:
File uploaded
Upload Grant Intake Form here:
File uploaded
Upload Signed "Program Rules and Regulations" here:
File uploaded
List of improvements seeking reimbursement for:
inside and outside of building new stucco paint and redo inside complete
Requested grant amount for design fees:
10k
Requested grant amount for eligible property improvments:
25k
Upload cost estimates from a licensed contractor(s) here:
File uploaded
If design funding is requested, upload the cost estimate(s) from a qualified licensed design
professional here:
File uploaded
Upload a copy of design and construction plans associated with the proposed
improvements here:
File uploaded
Upload a copy of the building permit application here:
File uploaded
Upload the "City Acknowledgement" Forms here:
File uploaded
Upload Notarized "Anti -Human Trafficking Affidavit" here:
File uploaded
I understand that submission of an application is not a guarantee of grant funding or Board
approval. Any "approval" notifications sent through Eventeny are purely administrative.
Final approval will occur at the next available Board Meeting.
douglas flank
How would you like to pay your application fee?
Pay with credit card
Prices
Application Fee
Quantity - 1 I Total - $100.00
https://www. eventeny. com/dashboard/events/event/vendors/I ist/view/?id=12701 &vend_id=445369 116
11/19/24, 8:56 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny
Pictures
https://www. eventeny. com/dashboard/events/event/vendors/list/view/?id=12701 &vend_id=445369 1.17
10/29/24, 11:38 AM
L7C)RO' IYJt4C�CS
Search by Address, Owner, or PCN
Return
Layers Tools & Reports Help
lir ,h/ Gli 11 xi r; h'rlrrt
LOVELI PROPERTIES LLC
III'"::111'1111 IIIY I';'fIII III11111......
LOCATION
306 E BOYNTON BEACH BLVD
MUNICIPALITY
BOYNTON BEACH
PARCEL NO.
08-43-45-28-03-003-0031
SUBDIVISION
BOYNTON TOWN OF
BOOK/PAGE
34356/634
SALE DATE
MAY -2023
MAILING ADDRESS
306 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435 3842
USE TYPE
1100 - STORES
TOTAL SQUARE FEET
640
°.�..ION
https:/Igis.pbcgov.org/papagis/papa.htmll;
PAPA Countywide Map
Select Lang 1ggg V
* 0 R
118
13B
BROTHERS BUILDERS
ill) III I "I I k ( 1101( ki
Brothers Builders LLC CBC1266618
10592 Anderson Ln
Lake Worth, FL
33449, US
5612677744
Prepared By:
Christian Dorrian
5617159467
Christian@thebrothersbuilders.com
"Irrcuje¢ ii9 LOVELI TEA 306 E BOYNTON BEACH BLVD
Doug Flank
Scope of Work
- New pre engineered trusses and framing parapet A1.2
- New framed wall at west front elevation A1.1
- Stucco at new parapet light texture finish per plan A1.1
- New 8'x16' concrete pad at rear of store
- Repair block work at front entrance
- New impact windows and door per plans (4) windows (1) door
- Rebuilding openings for new window and doors A1.3 detail
- Tear off and re roof tpo
- New gutter and down spouts
- Demolition of exterior canopies, windows, doors, demo interior walls, floors and ceiling as needed A1.1
- Repair ceiling as needed from demo only
- Frame new walls per A1.1
- Framing for countertop
- New (1) interior door and hardware per A1.1
- New floor tile throughout
- New paint (1) prime (2) finish coat at interior and exterior walls
- New recepticals and circuits for lighting per plan E1.1 allowance
- Moving 3 comp sink over allowance
119
10"
I 10.j
BROTHERS BUILDERS
*^ nerrc" cxuve
-Remounting water heater onwall mounting platform A1.2A1]allowance
- New /\Cunit moved honew location allowance
-MiUandpatohexiatingaapha|t
- PLUMBING, ELECTRICAL, MECHANICAL ieallowance
QuanlJlly Tbn�l[��i
Concrete
Quantity Tbta�l Cost
Windows/Doors
Quanlily Tbta�l Com
Quanlily Tbta�l Cost
Quantity TbtW Cos
Demo
Tbta�lCost
interior Framing / Drywall
Ouanlky Tbta�l Coe
Painting
120
13B
BROTHERS BUILDERS
ill) III I I I k (1101(k
HVAC
Electric
Plumbing
Tile
Excluded (-)
1. no hood work
2. no new electric panel
3. no new ceiling
Notes
Summary
Subtotal
Profit
icjta; l Cost
$6,000.00
Quainflilly iota~ l Cost
$10,000.00
Quain&ky i(Aa�l Cost
$7,500.00
Quanlky iotM Cost
$2,500-00
Quaritity iMA Cost
$12,000.00
$107,900.00
$26,975.00
Accqp�ed �By )all,c
$134,875.00
121
Steve Siebert Architecture, Inc.
1010 Gateway Blvd., Suite 103
Boynton Beach, FL 33426
To:
Loveli Properties, LLC
Doug Flank
306 E. Boynton Beach Blvd., FL
Statement
Date
10/30/2024
122
Amount Due
Amount Enc.
$787.50
Date
Transaction
Amount
Balance
07/31/2023
Balance forward
0.00
08/02/2023
INV #23177. Due 08/02/2023.
2,700.00
2,700.00
--- Schematic Design $2,700.00
08/07/2023
PMT #1015.
-2,700.00
0.00
11/22/2023
INV #23250. Due 11/22/2023.
2,280.00
2,280.00
--- Civil Engineering $2,280.00
11/22/2023
PMT #CC System.
-2,280.00
0.00
01/18/2024
INV #24015. Due 01/18/2024.
1,600.00
1,600.00
--- Site Plan Development $1,600.00
01/19/2024
PMT #CC System.
-1,600.00
0.00
05/31/2024
INV #24136. Due 05/31/2024.
1,200.00
1,200.00
--- Additional Services $1,200.00
06/04/2024
PMT #CC System.
-1,200.00
0.00
09/10/2024
INV #24206. Due 09/10/2024.
7,920.00
7,920.00
--- Construction Documents $7,920.00
--- ***Cost Breakdown***
--- $16,012.05 - (FF Hours Total)
--- $2,700 - (Retainer paid 08.07.23 subtracted from total)
--- $5,392.05 - (SPA -subtracted from total for review with Simeon upon
return)
--- _ $7920 (Balance owed for CDs)
09/10/2024
PMT #CC System.
-7,920.00
0.00
09/26/2024
INV #24217. Due 09/26/2024.
787.50
787.50
--- Construction Administration $787.50
--- **Simeon is back. Please schedule a review with Steve & Simeon for
SK/SPA final"
CURRENT
1-30 DAYS PAST
31-60 DAYS PAST
61-90 DAYS PAST
OVER 90 DAYS
Amount Due
DUE
DUE
DUE
PAST DUE
0.00
0.00
787.50
0.00
0.00
$787.50
122
'I STEVE SIEBERT
L�i,:w i.� i T C. �rW l
1010 Gateway Blvd., Suite 103
Boynton Beach, FL 33426
Invoice
.........................................................................................................................................
Date Invoice #
.........................................................................................................................................
72/2/2024 24217
123
Terms
Job
Info
Due on receipt
23-537
Item
Description
Qty/Hrs
Rate
Amount
..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Construction Adm...
Construction Administration for revisions to plans.
4,000.00
4,000.00
Thank you for
selecting Steve Siebert Architecture Total
$ 4,000.00
Phone #
E-mail Payments/Credits
$0.00
5618807894
Steve@stevesiebert.com
Balance
Due
$4,000.00
123
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII,�00�U'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
CRA ADVISORY BOARD
AGENDA ITEM 13.A
SUBJECT:
Pending Assignments - New Assignments from the CRA Board Assigned at the February 13,
2024 CRA Monthly Board Meeting
SUMMARY:
On February 13, 2024, the CRA Board approved the following tasks be assigned to the CRA
Advisory Board (CRAB):
1. Initiate the steps to revise the 2016 CRA Plan,
A. With the first step to review the existing CRA plan, and
B. With the end goal to incorporate both the grocery store and public parking as part of
that plan.
2. Look for ways that are above and beyond the normal City functions to beautify the area
within the CRA district (cannot be in replacement of a normal City function and needs to
be above and beyond).
3. Investigate means to get a grocery store in the CRA Heart of Boynton area.
4. Identify potential locations for a Public Parking Garage preferably along Ocean Avenue.
5. Look for available properties for potential acquisition with a focus on commercial
properties along the Federal Highway area (ex. vacant properties for commercial use).
The CRAB Board discussed the CRA Plan in its entirety at their November 7, 2024 Meeting.
They will be putting their presentation together at the December meeting and will plan to
present their findings at the January 14, 2025 CRA Board Meeting.
FISCAL IMPACT:
To be determined.
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan
CRA BOARD OPTIONS:
To be determined.
124
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII,�00�U'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
OLD BUSINESS
AGENDA ITEM 14.A
SUBJECT:
Continued Discussion and Consideration of the Purchase of 323 E. Martin Luther King, Jr.
Blvd.
SUMMARY:
On November 21, 2024, the CRA Board discussed the purchase of the property located at 323
E. Martin Luther King Jr. Boulevard in the amount of $450,000. The property is within an
assemblage of CRA owned lots, is approximately 0.16 acres, measures 50' x 140', contains a
duplex and is zoned R2 (see Attachment 1).
The property currently has two tenants with one lease being month-to-month and the second
lease expiring on June 30, 2025. The CRA Board does not wish to purchase the property with
occupants and requested CRA Staff to discuss with Seller the possibility of acquiring the
property once vacant.
The Seller has agreed to a closing once the tenant has either been relocated or the lease has
terminated. Therefore, the proposed closing date has been revised to close within 30 days
from the Seller's written notice that the leases have been properly terminated and the property
is unoccupied, or before July 31, 2025, whichever occurs first (see Attachment 11).
FISCAL IMPACT:
FY2024-2025 Budget; Line Item 02-58200-401 - $450,000
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton (MLK Corridor)
CRA BOARD OPTIONS:
1. Approve the purchase of the property located at 323 E. Martin Luther King, Jr. Boulevard in
the amount of $450,000 and approve the execution of the Purchase and Sale Agreement by
the Board Chair.
2. Do not approve the purchase of the property located at 323 E. Martin Luther King, Jr.
Boulevard.
3. Provide CRA staff with alternative direction.
ATTACHMENTS:
125
Description
Attachment I - 323 E MLK Location Map
Attachment II - Purchase & Sale Agreement - 323 E MLK Blvd -Seller Executed
126
ti
N
r
This Purchase and Sale Agreement (hereinafter "Agreement") is made and entered into
as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the
Florida Statutes (hereinafter "PURCHASER") and SUNNY SIDE IN FLORIDA 111, LLC, a Florida
Limited Liability Company (hereinafter "SELLER").
In consideration of the mutual covenants and agreements herein set forth, the Parties
hereto agree as follows:
1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to
PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and
conditions hereinafter set forth, the Properties located in Palm Beach County, Florida (the
"Properties") and more particularly described as follows:
323 NE loth Avenue, Boynton Beach, FL 33435 aka
323 E. Martin Luther King Jr. Blvd., Boynton Beach, FL 33435
PCN 08-43-45-21-27-001-0140
Lot 14, Less the South 10 feet thereof for road right of way purposes, Block 1, of
E. ROBERTS ADDITION TO BOYNTON, according to the Plat thereof, as recorded
in Plat Book 1, Page 123, of the Public Records of Palm Beach County, Florida.
2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property
shall be Four Hundred and Fifty Thousand Dollars ($450,000.00), payable in cash, by wire
transfer of United States Dollars at the Closing.
3.1 Earnest Money Deposit. Within five (5) Business Days after the execution
of the Purchase Agreement by both parties, PURCHASER shall deliver to Lewis, Longman &
Walker, PA ("Escrow Agent") a deposit in the amount of Forty -Five Thousand Dollars
($45,000.00) (the "Deposit").
3.2 Application/Disbursement of Deposit. The Deposit shall be applied and
disbursed as follows:
The Deposit shall be delivered to SELLER at Closing and the PURCHASER shall receive credit for
such amount against the Purchase Price. If this Agreement is terminated during the Feasibility
Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the
PURCHASER. If this Agreement is terminated due to a default, pursuant to Section 12, the
PURCHASER's Initials:
SELLER's Initials: 128
00704498-1
Purchase and Sale Agreement
Page 2 of 15
Deposit shall be delivered to (or retained by, as applicable) the non -defaulting Party, and the
non -defaulting Party shall have such additional rights, if any, as are provided in Section 12.
3.3 Escrow Agent. PURCHASER and SELLER authorize Escrow Agent to
receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper
authorization and in accordance with Florida law and the terms of this Agreement. The parties
agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to
PURCHASER and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of this
Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow,
Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable
attorney's fees and costs to be paid from the escrowed funds which are charged and awarded
as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated,
so long as Escrow Agent consents to arbitrate.
4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the
date when the last one of the SELLER and PURCHASER has signed this Agreement.
5. CLOSING. The purchase and sale transaction contemplated herein shall close
within 30 days from Seller's written notice to Purchaser that all leases have been properly
terminated and the Property is unoccupied, or before July 31, 2025 (the "Closing") whichever
occurs first.
6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by
Warranty Deed complying with the requirements of the Title Commitment (hereinafter
defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear
of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other
conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real
estate taxes and special assessments for the year of Closing and subsequent years not yet due
and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of
record included on the Title Commitment or shown on the Survey (defined in Section 7), to
which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section
7.1 and Section 7.2 hereof.
7. FEASIBILITY PERIOD. The PURCHASER, and its designees shall have thirty (30)
days from the Effective Date of this Agreement ("Feasibility Period"), at PURCHASER's expense,
to make inquiries to determine if the Property is suitable for its intended use and to enter upon
the Property, at any time and from time to time with reasonable notice to SELLER and so long
as said investigations do not result in a business interruption, to perform any and all physical
tests, inspections, valuation appraisals and investigations of the Property, including but not
limited to Phase I and Phase 11 investigations, which PURCHASER may deem necessary. During
this Feasibility Period, PURCHASER may elect, in PURCHASER's sole and absolute discretion, to
PURCHASER's Initials:
SELLER's Initials:
4867-9249-5065, v. 1 129
Purchase and Sale Agreement
Page 3 of 15
terminate this contract and receive back all deposits hereunder. If PURCHASER elects to
terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the
Property in substantially the condition existing on the Effective Date, subject to such
disturbance as was reasonably necessary or convenient in the testing and investigation of the
Property; (ii) to the extent practicable, shall repair and restore any damage caused to the
Property by PURCHASER's testing and investigation; and (iii) release to SELLER, at no cost, all
reports and other work generated as a result of the PURCHASER's testing and investigation.
PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims,
losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for
nonpayment for services rendered to PURCHASER (including, without limitation, any
construction liens resulting therefrom) or for damage to persons or property (subject to the
limitation on practicability provided above) arising out of PURCHASER's investigation of the
Property. However, PURCHASER's indemnification obligations shall not exceed its statutory
limits as provided within Section 768,28, Florida Statutes, and PURCHASER does not waive its
sovereign immunity rights. SELLER hereby agrees to indemnify and hold PURCHASER harmless
from and against all claims, losses, expenses, demands and liabilities, including, but not limited
to, attorney's fees, for nonpayment for services rendered to SELLER or for damage to persons
or property (subject to the limitation on practicability provided above) arising out of
PURCHASER's investigation of the Property. SELLERS' obligations under this Section shall
survive the termination, expiration or Closing of this Agreement.
7.1 Title Review. Within twenty (20) days of the Effective Date, PURCHASER
shall obtain, at the PURCHASER's expense, from a Title Company chosen by PURCHASER
(hereinafter "Title Company"), a Title Commitment covering the Property and proposing to
insure PURCHASER in the amount of the Purchase Price subject only to the Permitted
Exceptions, together with complete and legible copies of all instruments identified as conditions
or exceptions in Schedule B of the Title Commitment. Any and all assessments, outstanding
utility charges, liens and other matters not constituting Permitted Exceptions shall be paid by
Seller prior to or at closing from Seller's proceeds. PURCHASER shall examine the Title
Commitment and deliver written notice to SELLER no later than thirty (30) days after the
Effective Date notifying SELLER of any objections PURCHASER has to the condition of title
(hereinafter "Title Objections"). If PURCHASER fails to deliver the Title Objections to SELLER
within the aforesaid review period, title shall be deemed accepted subject to the conditions set
forth in the Title Commitment. If PURCHASER timely delivers the Title Objections, then SELLER
shall have thirty (30) days to diligently and in good faith undertake all necessary activities to
cure and remove the Title Objections (hereinafter "Cure Period"). In the event that SELLER is
unable to cure and remove, or cause to be cured and removed, the Title Objections within the
Cure Period, to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER's sole and
absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for
one additional thirty (30) day period, or (ii) accepting the title as it then is but using such
portion of the Purchase Price as may be necessary to pay and satisfy any mortgages,
PURCHASER's Initials:
SELLER's Initials:
4867-9249-5065, v. 1 130
Purchase and Sale Agreement
Page 4 of 15
outstanding utility charges, delinquent property taxes and/or code enforcement and
contractors' liens or other recorded claims of lien upon the property, or (iii) canceling and
terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and
the Parties shall have no further obligations or liability hereunder, except for those expressly
provided herein to survive termination of this Agreement.
Prior to the Closing, PURCHASER shall have the right to cause the Title Company
to issue an updated Title Commitment ("Title Update") covering the Property. If any Title
Update contains any conditions which did not appear in the Title Commitment, and such items
render title unmarketable, PURCHASER shall have the right to object to such new or different
conditions in writing prior to Closing. All rights and objections of the Parties with respect to
objections arising from the Title Update shall be the same as objections to items appearing in
the Title Commitment, subject to the provisions of this Section.
7.2. Survey Review. PURCHASER, at PURCHASER's expense, shall obtain a
current boundary survey (the "Survey") of the Property, indicating the number of acres
comprising the Property to the nearest 1/100th of an acre. if the Survey discloses
encroachments on the Property or that improvements located thereon encroach on setback
lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or
applicable governmental regulations, the same shall constitute a title defect and shall be
governed by the provisions of Section 7.1 concerning title objections.
7.3 SELLER Deliveries.
SELLER shall deliver to PURCHASER the following documents and instruments
within ten (10) days of the Effective Date of this Agreement, except as specifically indicated:
7.3.1 Copies of any reports or studies (including engineering,
environmental, soil borings, and other physical inspection reports), in SELLER's possession or
control with respect to the physical condition or operation of the Property, if any.
7.3.2 Copies of any reports or studies (including engineering,
environmental, soil borings, and other physical inspection reports), in SELLER's possession or
control with respect to the physical condition or operation of the Property, if any.
7.3.3 Copies of all licenses, variances, waivers, permits (including but
not limited to all surface water management permits, wetland resource permits, consumptive
use permits and environmental resource permits), authorizations, and approvals required by
law or by any governmental or private authority having jurisdiction over the Property, or any
portion thereof (the "Governmental Approvals"), which are material to the use or operation of
the Property, if any.
PURCHASER's Initials:
SELLER's Initials:
4867-9249-5065, v. 1 131
Purchase and Sale Agreement
Page 5 of 15
7.3.4 Prior to the Closing Date, SELLER shall execute and deliver to
PURCHASER any and all documents and instruments required by PURCHASER, in PURCHASER's
sole and absolute discretion, which: (i) effectuate the transfer to PURCHASER of those
Governmental Approvals, or portions thereof which are applicable to the Property, that
PURCHASER desires to have assigned to it, and/or (ii) cause the Property to be withdrawn from
any Governmental Approvals. No later than thirty (30) days prior to the Closing Date, SELLER
shall remedy, restore, and rectify any and all violations of the Governmental Approvals
(including, but not limited to, any and all portions of the surface water management system,
mitigation areas or other items which do not comply with the Governmental Approvals or
applicable rules), if any. SELLER warrants that there will not be, at the time of Closing, any
unrecorded instruments affecting the title to the Property, including, but not limited to any
conveyances, easements, licenses or leases.
8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the
purchase of the Property unless each of the following conditions (collectively, the "Conditions
to Closing") are either fulfilled or waived by PURCHASER in writing:
8.1. Representations and Warranties. All of the representations and
warranties of SELLER contained in this Agreement shall be true and correct as of Closing.
8.2. 'Condition of Property. The physical condition of the Property shall be the
same on the date of Closing as on the Effective Date, reasonable wear and tear excepted.
8.3. Pending Proceedings. At Closing, there shall be no litigation or
administrative agency or other governmental proceeding of any kind whatsoever, pending or
threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER,
8.4. Compliance with Laws and Regulations. The Property shall be in
compliance with all applicable federal, state and local laws, ordinances, rules, regulations,
codes, requirements, licenses, permits and authorizations as of the date of Closing.
8.5. Occupancy. The property shall be conveyed to the PURCHASER at time
of closing unoccupied,
9. CLOSING DOCUMENTS. The PURCHASER shall prepare, or cause to be prepared,
the Closing Documents set forth in this Section, except for documents prepared by the SELLER'S
Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and
delivered to PURCHASER the following documents and instruments:
9.1. Deed. A Warranty Deed (the "Deed") conveying to PURCHASER valid
good, marketable and insurable fee simple title to the Property free and clear of all liens,
PURCHASER's Initials:
SELLER's Initials:
4867-9249-5065, v. 1 132
Purchase and Sale Agreement
Page 6 of 15
encumbrances and other conditions of title other than the Permitted Exceptions.
9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's
affidavit attesting that, to the best of its knowledge, no individual or entity has any claim
against the Property under the applicable construction lien law; and that there are no parties in
possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non -
foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its
affidavits referenced above, the same shall be deemed an uncured title objection.
9.3. Closing Statement. A closing statement setting forth the Purchase Price,
the Deposit, all credits, adjustments and prorations between PURCHASER and SELLER, all costs
and expenses to be paid at Closing, and the net proceeds due SELLER, which PURCHASER shall
also execute and deliver at Closing.
9.4. Corrective Documents. Documentation required to clear title to the
Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions.
9.5. Additional Documents. Such other documents as PURCHASER or the Title
Company may reasonably request that SELLER execute and deliver, and any other documents
required by this Agreement or reasonably necessary in order to close this transaction and
effectuate the terms of this Agreement.
10.1. Prorations. Assessments, rents, interest, insurance and other expenses
of the Property shall be prorated through the day before Closing. PURCHASER shall have the
option of taking over existing policies of insurance, if assumable, in which event premiums shall
be prorated. Cash at Closing shall be increased or decreased as may be required by prorations
to be made through the day prior to Closing. Advance rent and security deposits, if any, will be
credited to PURCHASER. Taxes shall be prorated based upon the current year's tax with due
allowance made for maximum allowable discount.
10.2 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section
196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year
of closing into escrow with the Palm Beach County Tax Collector's Office. In the event that,
following the Closing, the actual amount of assessed real property tax on the Property for the
current year is higher than any estimate of such tax used for purposes of the Closing, the parties
shall re -prorate any amounts paid or credited based on such estimate as if paid in November. This
shall survive the Closing.
10.3. Special Assessment Liens. Certified, confirmed and ratified special
PURCHASER's Initials:
SELLER's Initials:
4867-9249-5065, v. 1 133
Purchase and Sale Agreement
Page 7 of 15
assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens
as of Closing shall be assumed by PURCHASER. If the improvement has been substantially
completed as of the Effective Date, any pending lien shall be considered certified, confirmed or
ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or
assessment for the improvement by the public body.
10.4. Closing Costs. PURCHASER shall be responsible for recording the deed
and half of all general closing expenses (settlement fee, courier fees, overnight package, etc.).
SELLER is responsible for documentary stamps on the deed and half of all general closing
expenses and their own legal fees. All other costs of closing shall be borne by PURCHASER.
10.5 Closing Procedure. PURCHASER shall fund the Purchase Price subject to
the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall
execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at
Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a
"marked -up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and
other recordable Closing Documents in the appropriate public records.
10.6 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or
cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments
applicable to and encumbering the Property.
11. REPRESENTATIONS, COVENANTS AND WARRANTIES, To induce PURCHASER to
enter into this Agreement, SELLER makes the following representations, all of which, to the best
of its knowledge, in all material respects and except as otherwise provided in this Agreement (i)
are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives
information to the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall
be provided immediate notice as to the change to the following representations:
11.1 At all times from the Effective Date until prior to Closing, SELLER shall keep
the Property (whether before or after the date of Closing) free and clear of any mechanic's or
materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER
prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and
against all expense and liability in connection therewith (including, without limitation, court costs
and reasonable attorney's fees).
11.2 SELLER has no actual knowledge nor has SELLER received any notice of any
litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any
organization, person, individual or governmental agency which would affect (as to any threatened
litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value
of the Property or any part thereof or which would otherwise relate to the Property.
PURCHASER's Initials:
SELLER's Initials:
134
4867-9249-5065, v. 1
Purchase and Sale Agreement
Page 8 of 15
11.3 SELLER has full power and authority to enter into this Agreement and to
assume and perform its obligations hereunder in this Agreement. SELLER does not and will not
conflict with or result in the breach of any condition or provision, or constitute a default under, or
result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property
or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement,
indenture, instrument or judgment to which the SELLER is a party of which is or purports to be
binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal
or other governmental department, commission, board, bureau or instrumentality is necessary to
make this Agreement a valid instrument binding upon the SELLER in accordance with its terms.
11.4 SELLER represents that SELLER will not, between the date of this Agreement
and the Closing, without PURCHASER'S prior written consent, which consent shall not be
unreasonably withheld or delayed, except in the ordinary course of business, create any
encumbrances on the Property. For purposes of this provision the term "encumbrances" shall
mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases,
easements, covenants, conditions or restrictions. Additionally, SELLER represents that SELLER will
not, between the date of this Agreement, and the Closing take any action to terminate or
materially, amend or alter any existing leases presently in existence, without the prior consent of
PURCHASER, which consent shall not be unreasonably withheld or delayed.
11.5 SELLER represents that there are no parties other than SELLER in possession
of the Property or any portion of the Property as a lessee.
11.6 SELLER shall not list or offer the Property for sale or solicit or negotiate
offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts
to maintain the Property in its present condition so as to ensure that it shall remain substantially in
the same condition from the conclusion of the Feasibility Period to the Closing Date.
11.7 SELLER has no actual knowledge nor has SELLER received any notice of
any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property
by any organization, person, individual or governmental agency which would affect (as to any
threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use,
occupancy or value of the Property or any part thereof or which would otherwise relate to the
Property.
11.8 SELLER represents that it has no actual knowledge, nor has it received
any notice that the Property has been, is presently or is contemplated to be utilized as a
reservoir of hazardous material. As used herein, the term "Hazardous Material" shall mean any
substance, water or material which has been determined by any state, federal or local
government authority to be capable of posing a risk of injury to health, safety and property,
PURCHASER's Initials:
SELLER's Initials:
135
4867-9249-5065, v. 1
Purchase and Sale Agreement
Page 9 of 15
including, but not limited to, all of those materials, wastes and substances designated as
hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor,
the U.S. Department of Transportation, and/or any other state or local governmental agency
now or hereafter authorized to regulate materials and substances in the environment
(collectively "Governmental Authority(ies)").
11.9 SELLER represents to PURCHASER that the Property is not subject to any
deed restrictions or declaration of restrictions running with the Property which would affect the
use of the Property except those constituting Permitted Exceptions as defined above.
11.10 Between the date of this Agreement and the date of closing, SELLER will
not file any application for a change of the present zoning classification of the Property.
11.11 Authority. The execution and delivery of this Agreement by SELLER and
the consummation by SELLER of the transaction contemplated by this Agreement are within
SELLER'S capacity and all requisite action has been taken to make this Agreement valid and
binding on SELLER in accordance with its terms. The person executing this Agreement on behalf
of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement
represents a valid and binding obligation of SELLER.
11.12 Title. SELLER is and will be on the Closing Date, the owner of valid, good,
marketable and insurable fee simple title to the Property, free and clear of all liens,
encumbrances and restrictions of any kind, except the Permitted Exceptions (and
encumbrances of record which will be discharged at Closing).
11.13 Additional Warranties and Representations of SELLER. As a material
inducement to PURCHASER entering into this Agreement, SELLER, to the best of SELLER'S
information and belief, hereby represents and warrants the following:
11.13.1 There are no pending applications, permits, petitions, contracts,
approvals, or other proceedings with any governmental or quasi -governmental authority,
including but not limited to, PURCHASER, municipalities, counties, districts, utilities, and/or
federal or state agencies, concerning the use or operation of, or title to the Property or any
portion thereof and SELLER has not granted or is not obligated to grant any interest in the
Property to any of the foregoing entities.
11.13.2 There are no facts believed by SELLER to be material to the use,
condition and operation of the Property in the manner that it has been used or operated, which it
has not disclosed to PURCHASER herein, including but not limited to unrecorded instruments or
defects in the condition of the Property which will impair the use or operation of the Property in
any manner.
PURCHASER's Initials:
SELLER's Initials:
4867-9249-5065, v. 1 136
Purchase and Sale Agreement
Page 10 of 15
11.13.3 To the best of SELLER'S knowledge, the Property and the use and
operation thereof are in compliance with all applicable county and governmental laws,
ordinances, regulations, licenses, permits and authorizations, including, without limitation,
applicable zoning and environmental laws and regulations.
12. DEFAULT.
12.1. PURCHASER's Default. In the event that this transaction fails to close due
to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of
Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid
by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither PURCHASER
nor SELLER shall have any further obligation or liabilities under this Agreement, except for those
expressly provided to survive the termination of this Agreement; provided, however, that
PURCHASER shall also be responsible for the removal of any liens asserted against the Property
by persons claiming by, through or under PURCHASER, but not otherwise. PURCHASER and
SELLER acknowledge that if PURCHASER defaults, SELLER will suffer damages in an amount
which cannot be ascertained with reasonable certainty on the Effective Date and that the
amount of the Deposit being held by Escrow Agent most closely approximates the amount
necessary to compensate SELLER. PURCHASER and SELLER agree that this is a bona fide
liquidated damages provision and not a penalty or forfeiture provision.
12,2. Seller's Default. In the event that SELLER shall fail to fully and timely
perform any of its obligations or covenants hereunder or if any of SELLER'S representations are
untrue or inaccurate, then, notwithstanding anything to the contrary contained in this
Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement
by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and
demand that the Deposit be returned, including all interest thereon if any, in accordance with
Section 3 and neither Party shall have any further rights hereunder, or (2) seek specific
performance of this Agreement, without waiving any action for damages.
12.3. Notice of Default. Prior to declaring a default and exercising the
remedies described herein, the non -defaulting Party shall issue a notice of default to the
defaulting Party describing the event or condition of default in sufficient detail to enable a
reasonable person to determine the action necessary to cure the default. The defaulting Party
shall have fifteen (15) days from delivery of the notice during which to cure the default,
provided, however, that as to a failure to close, the cure period shall only be three (3) business
days from the delivery of notice. Both parties agree that if an extension is requested, such
extension shall not be unreasonably withheld. If the default has not been cured within the
aforesaid period, the non -defaulting Party may exercise the remedies described above.
12.4, Survival. The provisions of this section shall survive the termination of
PURCHASER's Initials:
SELLER's Initials:
137
4867-9249-5065, v. 1
Purchase and Sale Agreement
Page 11 of 15
this Agreement.
13. NOTICES. All notices required in this Agreement must be in writing and shall be
considered delivered when received by certified mail, return receipt requested, or personal
delivery to the following addresses:
If to Seller: Sunny Side in Florida 111, LLC
1907 NE 2nd Street
Deerfield Beach, FL 33441
With a copy to: Susan D. Pesel, P.A.
1825 NW Corporate Blvd., Ste. 110
Boca Raton, FL 33431
561-620-7155; L(a
If to Purchaser: Timothy Tack, Acting Executive Director
Boynton Beach Community Redevelopment Agency
100 E. Ocean Avenue, 4th Floor
Boynton Beach, FL 33435
With a copy to: Kenneth Dodge
Lewis, Longman & Walker, PA
360 South Rosemary Avenue
Suite 1100
West Palm Beach, FL 33401
14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this
Agreement are hereby made binding on, and shall inure to the benefit of the successors and
permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement
without the prior written consent of PURCHASER, which shall not be unreasonably withheld.
PURCHASER shall have the right to assign this Agreement to the City of Boynton Beach (the
"City") without the prior consent of SELLER and the PURCHASER shall be released from any
further obligations and liabilities under this Agreement. The PURCHASER may not assign this
Agreement to any other party without the prior written approval of SELLER, which shall not
unreasonably withheld. If PURCHASER has been dissolved as an entity while this Agreement
and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florida
Statutes, (as it may be amended from time to time), shall apply.
15. BROKER FEES. The SELLER and PURCHASER hereby state that they have not dealt
with a real estate broker in connection with the transaction contemplated by this Agreement
and are not liable for a sales commission. SELLER shall indemnify, defend and hold harmless the
PURCHASER's Initials:
7137-17
SELLER's Initials:
4867-9249-5065, v. 1 138
Purchase and Sale Agreement
Page 12 of 15
PURCHASER from and against any and all claims, losses, damages, costs or expenses (including,
without limitation, attorney's fees) of any kind or character arising out of or resulting from any
agreement, arrangement or understanding alleged to have been made by SELLER on its behalf
with any broker or finder in connection with this Agreement. The provisions of this Section
shall survive Closing or termination of this Agreement.
16. ENVIRONMENTAL CONDITIONS.
16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any
hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant,
petroleum, petroleum product or petroleum by-product as defined or regulated by
environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling,
discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean
any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other
governmental restrictions.
16.1.1 As a material inducement to PURCHASER entering into this Agreement,
SELLER hereby warrants and represents the following, as applicable:
(1) That SELLER and occupants of the Property have obtained and are
in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or
contiguous property owned by SELLER, to the best of SELLER'S knowledge.
(2) SELLER is not aware nor does it have any notice of any past, present
or future events, conditions, activities or practices which may give rise to any liability or form a
basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the
Property. SELLER is not aware nor does it have any notice of any past, present or future events,
conditions, activities or practices on contiguous property that is owned by SELLER which may give
rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of
any Pollutant affecting the SELLER'S property.
(3) There is no civil, criminal or administrative action, suit, claim,
demand, investigation or notice of violation pending or, to the best of that entity's knowledge,
threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the
Property, any portion thereof, or on any contiguous property owned by SELLER.
17. PUBLIC RECORDS. PURCHASER is a public agency subject to Chapter 119, Florida
Statutes. The SELLER is hereby notified that the PURCHASER is required by law, pursuant to
Chapter 119, to maintain and disclose upon request all records deemed public under the statute
including this Agreement and some or all of the documents necessary to consummate the
transaction set forth herein. To the extent that any litigation should be instituted by SELLER,
4867-9249-5055, v. 1
PURCHASER's Initials:
SELLER's Initials: lr2s_
139
Purchase and Sale Agreement
Page 13 of 15
either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing
documents involving this Agreement or the transaction set forth in the Agreement pursuant to a
public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either:
1) defend the claim up to and including final judgment, or 2) interplead the challenged
documents into the court. In either event, SELLER agrees to pay PURCHASER's reasonable
attorneys' fees and costs, both trial and appellate.
18. MISCELLANEOUS.
18.1. General. This Agreement, and any amendment hereto, may be executed
in any number of counterparts, each of which shall be deemed to be an original and all of which
shall, together, constitute one and the same instrument. The section and paragraph headings
herein contained are for the purposes of identification only and shall not be considered in
construing this Agreement. Reference to a Section shall be deemed to be a reference to the
entire Section, unless otherwise specified. No modification or amendment of this Agreement
shall be of any force or effect unless in writing executed by the Parties. This Agreement sets
forth the entire agreement between the Parties relating to the Property and all subject matter
herein and supersedes all prior and contemporaneous negotiations, understandings and
agreements, written or oral, between the Parties, This Agreement shall be interpreted in
accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of
any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit, in
and for Palm Beach County, Florida, or, should any cause of action be limited to federal
jurisdiction only, in the United States District Court for the Southern District of Florida.
18.2. Computation of Time. Any reference herein to time periods which are
not measured in business days and which are less than six (6) days, shall exclude Saturdays,
Sundays and legal holidays in the computation thereof. Any time period provided for in this
Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the
next full business day. Time is of the essence in the performance of all obligations under this
Agreement. Time periods commencing with the Effective Date shall not include the Effective
Date in the calculation thereof,
18.3. Waiver. Neither the failure of a party to insist upon a strict performance
of any of the terms, provisions, covenants, agreements and conditions hereof, nor the
acceptance of any item by a party with knowledge of a breach of this Agreement by the other
party in the performance of their respective obligations hereunder, shall be deemed a waiver of
any rights or remedies that a party may have or a waiver of any subsequent breach or default in
any of such terms, provisions, covenants, agreements or conditions. This paragraph shall
survive termination of this Agreement and the Closing.
PURCHASER's Initials:
SELLER's Initials:
4867-9249-5065, v. 1 140
Purchase and Sale Agreement
Page 14 of 15
18.4. Construction of Agreement. The Parties to this Agreement, through
counsel, have participated freely in the negotiation and preparation hereof. Neither this
Agreement nor any amendment hereto shall be more strictly construed against any of the
Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the
feminine, the singular shall include the plural, and the plural shall include the singular, as the
context may require. Provisions of this Agreement that expressly provide that they survive the
Closing shall not merge into the Deed.
18.5. Severability, If any provision of this Agreement or the application thereof
shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of
this Agreement nor the application of the provision to other persons, entities or circumstances
shall be affected thereby, but instead shall be enforced to the maximum extent permitted by
law. The provisions of this Section shall apply to any amendment of this Agreement.
18.6 Handwritten Provisions. Handwritten provisions inserted in this
Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict
therewith.
18.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter
into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or
proceeding brought by either party against the other party pertaining to any matter whatsoever
arising out of or in any way connected with this Agreement.
18.8. Attorneys Fees and Costs. Should it be necessary to bring an action to
enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including
those at the appellate level, shall be awarded to the prevailing party.
18.9 'Binding Authority. Each party hereby represents and warrants to the
other that each person executing this Agreement on behalf of the PURCHASER and SELLER has
full right and lawful authority to execute this Agreement and to bind and obligate the party for
whom or on whose behalf he or she is signing with respect to all provisions contained in this
Agreement.
18.10 Recording. This Agreement may not be recorded in the Public Records of
Palm Beach County, Florida without the prior approval of both parties.
18.11 Survival. The covenants, warranties, representations, indemnities and
undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and
recording of the SELLER'S Property Deed and PURCHASER's possession of the Property.
PURCHASER's Initials-
SELLER's Initials:
4867-9249-5065, v. 1 141
Purchase and Sale Agreement
Page 15 of 15
18.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that
SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in
connection with the transaction contemplated by this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
date.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
Printed Name: Ty Penserga
Title: Chair
Date:
WITNESS:
Printed Name:
ESCROW AGENT:
LEWIS, LONGMAN & WALKER, P.A.
Printed Name:
Date:
4867-9249-5065, v. 1
PrintedName:
Title: 1*'5, 0- ONPI C
Date: 117 T
Printed Name:
PURCHASER's Initials-
SELLER's Initials:
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII,�00�U'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
OLD BUSINESS
AGENDA ITEM 14.13
SUBJECT:
Discussion and Consideration of Circuit Transit Inc.'s Contract for On -Demand Transportation
Services
SUMMARY:
On January 18, 2024, the CRA Board approved the contract with Circuit Transit, Inc (Circuit),
for the CRA pilot ride share program which will provide all -electric on -demand transportation
services (see Attachments I - II). The Scope of Work of the Agreement with Circuit is
summarized below (see Attachment III):
• on -demand ride share service with the exception of fixed routes for special events
• initial 6 -month contract with the option to renew 6 months
• include the use of two GEM cars and two EV sedans
• provide service from 10 AM - 8 PM (Sunday -Thursday) and 10 AM - 10 PM (Friday and
Saturday)
• report back to the Board quarterly once the contract begins
Following the Board's approval at the January 18th meeting, the CRA and City of Boynton
Beach entered into an Interlocal Agreement (ILA) which was approved at their February 13,
2024, and March 5, 2024, meetings respectively (see Attachment IV). The ILA is in place in
order to provide dedicated parking locations, electrical service for the charging, ride share
service to the Ocean Front Beach Park and potential fixed route ride share service for City
Events. The ILA also serves as the tool to allow the City to fund any service outside of the
CRA boundaries and allow reimbursement of EV charging costs.
On March 23, 2024, at the CRA's Spring Market event, the rideshare service launched as the
Coastal Cruiser. At the September 10, 2024 meeting, the CRA Board approved the 6 -month
contract renewal extending service to March 2025 (see Attachment V).
Since the contract renewal, CRA staff met with Circuit to review the option to extend services
to the sough end of the Federal Highway District beyond SW 23rd Avenue. Service south to
Gulfstream Boulevard launched on October 30, 2024.
As the pilot program is approaching the end of its first year of service on March 5, 2025, it is
time for the Board to consider their options to continue the rideshare program. The agreement
allows for three one-year periods. Staff, legal counsel and a representative from Circuit will be
143
in attendance to discuss the continuation of the program.
FISCAL IMPACT:
FY 2024-2025 Budget, Project Fund, Line Item 02-58500-470, $400,000 for Circuit Contract
CRA BOARD OPTIONS:
To be determined by the Board.
ATTACHMENTS:
Description
• Attachment I - January 18, 2024 CRA Board Meeting Minutes
• Attachment II - CRA/Circuit Executed Contract
• Attachment III - Exhibit A: Scope of Work
• Attachment IV - CRA/City Executed Interlocal Agreement
• Attachment V - 6 -Month Renewal Signed by Circuit
144
Meeting Minutes
CRA Board Meeting
Boynton Beach, FL January 18, 2024
Board Member Kelley moved to table Item 13F until the next meeting. Board Member Hay
seconded the motion. The motion passed unanimously.
G. Discussion and Consideration of a Contract with Circuit Transit Inc. for the
BBCRA Pilot Ride Share Program
Mr. Tack gave an overview of the Contract with Circuit Transit Inc. for the CRA Pilot
Ride Share Program. He commented that at the November Board meeting, the Board
gave Staff permission to move forward with negotiations with Circuit.
Board Member Hay inquired, if needed, how long would it take to get another vehicle.
Mr. Bagley, Circuit Transit Inc., replied the time it would take to add an additional vehicle,
depends on the type of vehicle. He commented that if it was a sedan, it would be a few
weeks, if it was a Gem vehicle, it has a longer order time. He stated that the sedans are
going to be the better fit and offer the most flexibility.
Board Member Hay asked who is responsible for the vehicles when they are parked
overnight.
Mr. Tack said that the CRA will be responsible, and the CRA is working with the City to
provide four parking spaces in the current City parking lot on the corner of East Boynton
Beach Boulevard and Seacrest Boulevard. He stated that Circuit would be responsible
for liability since the vehicles and equipment belong to them.
Board Member Hay inquired about special events and who is responsible for paying the
overtime.
Mr. Tack stated that the way the contract is written, it would not be considered overtime,
there would be additional staffing and there is a rate within the contract that would
provide the hourly rate structure.
Vice Chair Turkin opened public comments.
No virtual comments. Vice Chair Turkin closed public comments.
Motion:
Board Member Hay moved to approve the agreement with Circuit Transit, Inc. for the
CRA Pilot Ride Share Program as presented and authorize the Board Chair to execute,
subject to final legal review. Board Member Kelley seconded the motion with discussion.
Board Member Kelley inquired what happens at the end of the six-month agreement.
A
145
Meeting Minutes
CRA Board Meeting
Boynton Beach, FL January 18, 2024
Janice Rustin, Counsel, replied that at the end of the six months, the contract will
automatically be renewed for another six months.
14. New Business
A. Discussion and Consideration of a Request for Proposals for Property
Appraisal Services (Moved to February)
B. Discussion and Consideration of Purchase of 1111 S. Federal Highway
Mr. Tack gave an overview of the property located at 1111 S. Federal Highway. He said
that the CRA Staff actively pursues the purchase of properties within the CRA District in
order to spur redevelopment opportunities in accordance with the CRA Plan. He stated
that 1111 S. Federal is a vacant lot, approximately .35 acres, which is currently zoned as
C3 Community Commercial. He stated that the future development would be a potential
mixed use under the Mixed Use Medium Future Land Use Classification. He commented
that the development potential would allow mixed use development with a maximum
density of 40 to 50 units per acre, and maximum height of 65 to 75 feet.
Board Member Kelley stated that this is prime property with Federal Highway access and
proximity to other properties owed by the CRA, and this an opportunity to capture property
that has potential.
Board Member Hay stated that it is a good deal and he is in favor of the purchase.
Vice Mayor Turkin stated that he agrees with his colleagues this is a great opportunity.
Vice Chair Turkin opened public comments.
Blair Lee, the Broker for the property, stated that he had conferred with his client who
owns the property at 1111 S. Federal Highway. He commented that they discussed a
price of somewhere between the list price and $850,000. He noted that the purchase
price came in at $891,000. He stated that the owner has continued to get the approvals
on the square footage with a site plan, and the owner would like the Board to consider
paying the appraised value.
No virtual comments. Vice Chair Turkin closed public comment.
Motion:
Board Member Kelley moved to approve the purchase of the vacant lot located at 1111
S. Federal Highway in the amount of $850,000 and authorize the Board Chair to execute
a Purchase and Sale agreement subject to final legal review. Board Member Hay
seconded the motion with discussion. The motion passed unanimously.
Board Member Hay inquired if there was anything currently planned for the site.
FA
liER
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
AGREEMENT FOR ON -DEMAND TRANSPORTATION SERVICES
This Agreement for On -Demand Transportation Services (hereinafter "Agreement") is
made by and between CIRCUIT TRANSIT INC., ("Contractor") a Florida corporation
organized and existing under the laws of the State of Florida having its principal office at 501 East
Las Olas, Suite 300, Fort Lauderdale, FL 33301, including its Affiliates (collectively, the
"Contractor" or "Company") and BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY (the "Client" or "CRA" ) a community redevelopment agency
organized and existing under the laws of the State of Florida having its principal office 100 E.
Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, (hereinafter the "CRA'') (collectively
the "Parties").
WHEREAS, the CRA is in need of on -demand transportation ("Services"); and
WHEREAS, Circuit entered into an agreement with the City of Hollywood in response to
Request to Proposal No. RFP -045 -23 -SK, effective July 1, 2023 to provide on -demand
transportation services for a term of one (1) year, with the option to renew for three (3) one-year
periods; and
WHEREAS. the CRA desires to obtain the Services from Circuit on same the terms,
conditions, and pricing provided under REP -045 -23 -SK, subject to the terms and conditions of this
Agreement and the City of Boynton Beach Procurement Policy; and
WHEREAS, Circuit agrees to extend the terms, conditions, and pricing provided under
RFP -045 -23 -SK to the CRA, subject to the terms and conditions of this Agreement; and
WHEREAS, the Services are required for a proper municipal purpose and is in the interest
of the public; and
WHEREAS, the Services will further the Community Redevelopment Plan.
NOW THEREFORE, in consideration of the mutual covenants and promises set forth
herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows:
1) Incorporation. The recitals above and all other information above are hereby incorporated
herein as if fully set forth.
2) Description of the Services. Contractor will perform its obligations as described in Exhibit
A: Scope of Services, which is hereby incorporated as if fully set forth herein.
3) Term. The Contractor shall perform the Services for six (6) months ("Initial Tenn"), with
option to renew for 6 months ("Renewal Term"). Services shall start within thirty (30) days
of the effective date of this Agreement or upon the CRA's execution of an interlocal agreement
with the City of Boynton Beach for services, whichever is later. A copy of the executed
Page 1 of 10
4875-9566-4284, v. 2
147
interlocal agreement shall be provided to Circuit. The service start date may be extended by
mutual agreement of the Parties.
4) Compensation. The CRA shall pay the Contractor an amount not to exceed Four Hundred
Thousand dollars ($400,000.00) (hereinafter, "Compensation") for the performance of the
Services for the Initial Term and Renewal Term of this agreement, which sum shall be paid in
accordance with the Pricing Schedule attached as Exhibit B. The Compensation is all inclusive
for the services provided and shall include the cost of the vehicles, vehicle wraps, including
the art work installation and removal of the wraps, W-2 Drivers, management fees, driver
training, insurance, vehicle maintenance, cell phones, hosting services for the mobile
application and related usage fees, web fees, and basic marketing materials. Contractor shall
be responsible for all costs related to the operation and maintaining the vehicles, including cost
of installation of the vehicle charging equipment and the costs for electrical service required
for vehicle charging. Notwithstanding the above, in the event that the CRA does not renew this
Agreement after the Initial Term, the CRA shall reimburse Contractor the costs associated with
modifying the existing electrical service to accommodate new charging equipment, upon
receipt of proper invoice . The CRA shall not be responsible for the payment of any additional
fees not otherwise stated herein, unless the parties enter into a written amendment to this
Agreement which is approved by both parties.
5) Method of Payment of Compensation. Circuit shall submit a monthly detailed invoice to the
CRA. Project Manager shall determine the format of the invoice and the information that must
be provided. Payment of Compensation (or any part thereof) shall be made within 45 days of
receipt of a proper invoice, in accordance with the Local Government Prompt Payment Act,
Section 218.70, et al., Florida Statutes. Any amounts not timely paid by CRA shall bear
interest from 30 days after the due date at the rate of 1 percent per month on the unpaid balance.
All Payments shall be in the form of a CRA check made payable to the Contractor, or as
indicated above. No Payment made under this Agreement shall be conclusive evidence of the
performance of this Agreement by the Contractor, either wholly or in part, and no Payment
shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty
or incomplete rendition of the Services.
6) Propriety. Contractor understands that at all times during its performance of Services,
Contractor, Contractor's employees and subcontractors shall conduct itself at all times with
due regard to public conventions and morals, and shall refrain from making statements or
presenting material that contains vulgar, obscene, profane, or otherwise objectionable language
that, as detennined in the sole discretion of the CRA, material and substantially interferes with
the functions and reasonable business operations of the CRA.
7) Termination for Convenience. The CRA reserves the right to terminate this Agreement for
any reason and without cause with sixty (60) days written notice during the Renewal Term
only. In the event of termination, Contractor shall be entitled to payment for services rendered
through the date of termination.
8) Termination for Cause; Default. The CRA reserves the right to terminate this Agreement,
in part or in whole, in the event the Contractor fails to perform in accordance with the terms
and conditions stated herein by providing written notice of such failure or default and by
Page 2 of 10
4875-9566-4284, v. 2
148
specifying a reasonable time period within which the Contractor must cure any such failure to
perform or default. If the Contractor fails to cure the default within the time specified, the CRA
may then terminate the Agreement by providing written notice to the Contractor.
Notwithstanding anything to the contrary in this Agreement, if the CRA. determinates that
termination is necessary to protect public health, safety or welfare, the CRA may terminate the
Agreement upon providing such written notice that the CRA deems appropriate under the
circumstances, including immediate termination. In the event of immediate termination, the
Contractor shall be entitled to payment for seven (7) days of services plus payment for services
rendered under this Agreement through the date of the notice of immediate termination.
9) Termination for Bankruptcy. The CRA shall have the right to terminate this Agreement by
providing written notice to the Contractor in the event: i) Contractor enters into receivership
or is subject of a voluntary or involuntary bankruptcy proceeding; or ii) a substantial part of
the Contractor's property becomes subject to nay levy, seizure, assignment, or sale for or by
any creditor or government agency.
10) Waiver. The CRA shall not be responsible for any property or other damages or personal
injury sustained by the Contractor from any cause whatsoever related to the Services whether
such damage or injury occurs before, during, or after the actual performance of the Services.
The Contractor hereby forever waives, discharges, and releases the CRA, its agents, and its
employees, to the fullest extent the law allows, from any liability for any damage or injury
sustained by the Contractor.
11) Indemnification. The Contractor shall indemnify, save, and hold harmless the CRA, its
agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or
damage which may be asserted, claimed, or recovered against or from the CRA, its agents,
or its employees, by reason of any property or other damages or personal injury, including
death, sustained by any person whomsoever, which damage is incidental to, occurs as a result
of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty
equipment of the Contractor or the performance of this Agreement by Contractor or
Contractor's employees, agents, partners, principals, or subcontractors. This paragraph shall
not be construed to require Contractor to indemnify the CRA for negligence or intentional
acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and
property damage attributable to the acts or omissions of that party and its officers, employees
and agents.
12) Limitation of liability. To the extent permitted by law, the CRA's liability for all matters
that occur as a result of, arise out of, or are otherwise related to this Agreement, including
negligent, grossly negligent, or willful misconduct or omission, shall be limited to the amount
of Compensation, less amounts that have already been paid, or the direct out-of-pocket
damages actually incurred, whichever is less. Neither Party shall not be liable to the other
party for special, indirect, incidental or consequential damages. Each Parry hereby disclaims
such damages to the full extent such may be disclaimed, except in the case of fraud, gross
negligence or willful misconduct of the responsible Party. Nothing in this Agreement shall
be deemed to affect the rights, privileges, and sovereign immunities of the CRA , including
those set forth in Section 768.28, Florida Statutes.
Page 3 of 10
4875-9566-4284, v. 2
149
13) No Transfer. The Contractor shall not subcontract, assign, or otherwise transfer this
Agreement to any individual, group, agency, government, non-profit or profit corporation,
or other entity without prior, written permission from the CRA.
14) Insurance. The Contractor shall obtain all insurance required by the CRA and provide proof
thereof at least 10 days prior to the start of the Services, and include for the following
insurance amounts:
Commercial General Liability: $1,000,000 per occurrence/$2 million in the
aggregate for bodily injury, personal injury
and property damage
Automobile Liability: $1,000,000 combined single limit for bodily
injury and property damage, including hired
owned and non -owned auto coverages
Workers Compensation In the amounts required under Florida Statutes
Cyber Liability: $1,000,000 coverage
Umbrella/Excess Liability insurance $5,000,000 coverage
The Insurance must remain in force for so long as is necessary to cover any occurrence
relating to, resulting from, or arising out of the Services or this Agreement. Contractor shall
not commence services under the terms of this agreement until a Certification of Insurance
("COI") has been received by the CRA. The CRA is to be included as "Additional Insured"
with respect to liability arising out of services performed by the Contractor by or on behalf
of the CRA or acts or omissions of the Contractor in connection with providing Services
pursuant to this Agreement. The Certificate must include the following as additional insured
parties:
Boynton Beach Community redevelopment Agency
100 E Ocean Avenue, 4t" Floor
Boynton Beach, Florida 33435
The City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
15) Tax Forms. The Contractor's individual members, including the Contractor's agents and
employees, shall provide the CRA with completed W-9 forms in order receive Payment. The
CRA shall provide the Contractor with an IRS Fonn 1099 where required under law. The
Contractor further acknowledges that the CRA is neither paying Social Security benefits nor
withholding taxes from the Contractor's compensation for the Services. The Contractor
Page 4 of 10
4875-9566-4284, v. 2
150
assumes all liability and responsibility for payment of the Contractor's (and the Contractor's
individual members) own FICA and Social Security benefits and all taxes resulting from this
Agreement.
16) Funding. This Agreement is expressly conditioned upon the availability of funds lawfully
appropriated and available for the purposes set out herein as determined in the sole discretion
of the CRA. In the event funds to finance this Agreement become unavailable, the CRA may
terminate this Agreement upon no less than twenty-four (24) hours' notice to Contractor. The
CRA shall be the sole and final authority as to the availability of funds. The CRA shall pay
Contractor for goods received or services rendered prior to the date of termination.
17) No Discrimination. The Contractor shall not discriminate against any person on the basis
of race, color, religion, ancestry, national origin, age, sex, marital status, familial status,
gender identity, gender expression, sexual orientation or disability for any reason in its hiring
or contracting practices associated with this Agreement.
18) Independent Contractor; No Partnership, Etc. The Contractor agrees nothing contained
in this Agreement shall be deemed or construed as creating a partnership, joint venture, or
employee relationship. It is specifically understood that the Contractor is an independent
contractor(s) and that no employer/employee or principal/agent is or shall be created nor
shall exist by reason of this Agreement or the performance of Services; and that Contractor
is an independent contractor and not an employee of the CRA for all purposes including but
not limited to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's
Compensation Act, and the State Unemployment Insurance Law.. The Contractor will
exercise its own judgment in matters of safety for itself, those affected by the Services, and
attendees of the Event.
19) Promotional Materials. The Contractor agrees that the CRA may photograph and/or record
video and audio of the Services, and that such photographs and recordings may be (i) used
for the purposes of promotion of the CRA, or undertakings by the CRA; (ii) transmitted live
or by recording on local television and radio channels; and (iii) used in materials intended
for public display or distribution to the public, including but not limited to print
advertisements, billboards, street and light pole banners, websites affiliated with the CRA,
and social media affiliated with the CRA. The Contractor waives and assigns to the CRA all
copyrights under the Copyright Act of 1976, 17 U.S.C. 101, et seq., and all other rights in
recorded, photographed, or transmitted versions of the Services. The CRA shall attribute the
Services to the Contractor.
20) No Infringement. The Contractor represents that in performing the Services under this
Agreement, the Contractor will not infringe on the property right, copyright, patent right or
any other right of anyone else; and if any suit is brought or a claim made by anyone that
anything in conjunction with the ownership or the presentation of said Contractor or
appearance as part of the Services is an infringement on the property right, copyright, patent
right, or other rights, the Contractor will indemnify the CRA against any and all loss,
Page 5 of 10
4875-9566-4284, v. 2
151
damages, costs, attorney fees or other loss whatsoever. The Contractor shall not use the
CRA 's logos, or marks without the CRA's prior written approval.
21) Entire Agreement. This Agreement represents the entire and sole agreement and
understanding between the Parties concerning the subject matter expressed herein. No terms
herein may be altered, except in writing and then only if signed by all the parties hereto. All
prior and contemporaneous agreements, understandings, communications, conditions or
representations, of any kind or nature, oral or written, concerning the subject matter
expressed herein, are merged into this Agreement and the terms of this Agreement supersede
all such other agreements. No extraneous information may be used to alter the terms of this
Agreement.
22) Counterparts and Transmission. To facilitate execution, this Agreement may be executed
in as many counterparts as may be convenient or required, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument. The executed
signature page(s) from each original may be joined together and attached to one such original
and it shall constitute one and the same instrument. In addition, said counterparts may be
transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic
mail), which transmitted document shall be deemed an original document for all purposes
hereunder.
23) Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted
jointly and shall not be construed more or less favorably towards any of the parties by virtue
of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found
to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in
accordance with the purpose of this Agreement.
24) Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement
shall be governed by, and construed and enforced in accordance with, the laws of the State
of Florida and the United States of America, without regard to conflict of law principles.
Venue and jurisdiction shall be Paha Beach County, Florida, for all purposes, to which the
parties expressly agree and submit. BY ENTERING INTO THIS CONTRACT,
CONTRACTOR AND CRA HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER
PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
TO THIS CONTRACT. CONTRACTOR SHALL NOT BRING ANY COURT ACTION
AGAINST CRA EITHER IN EQUITY OR IN LAW, AND CONTRACTOR EXPRESSLY
WAIVES ITS RIGHT TO INSTITUTE LITIGATION AGAINST CRA FOR ANY
MATTER ARISING UNDER THE TERMS OF THIS CONTRACT, UNTIL AFTER THE
PROJECT HAS BEEN COMPLETED AND ACCEPTED BY CRA.
25) Severability. If any part of this Agreement shall be declared unlawful or invalid, the
remainder of the Agreement will continue to be binding upon the parties. To that end, this
Agreement is declared severable.
26) Force Majeure. Neither party shall be deemed to be in breach of this Agreement if either
party is prevented from performing any obligations required of it by reason of boycotts,
shortages of materials, labor disputes, embargoes, acts of God, epidemic, pandemic, acts of
Page 6 of 10
4875-9566-4284, v. 2
152
public enemy, acts of superior governmental authority, floods, riots, foreign or civil wars,
rebellion, terrorism, sabotage by third parties, or any other similar circumstances for which
it is not reasonably responsible and which are not within its control. Each party take all
reasonable steps to prevent, reduce, mitigate, and remedy the effects of the Force Majeure
event as soon as possible if within its control. The CRA shall not be obligated to pay
Contractor Compensation under this Agreement to the extent that a Force Majeure prevents
or delays Contract from performing Services.
27) Voluntary Waiver of Provisions. The failure of either Party to enforce any of its rights
hereunder or at law will not be deemed a waiver or a continuing waiver or any of its rights
or remedies against the other Party, unless such failure or waiver is expressly set forth and
acknowledged in writing. The CRA may, in its sole and absolute discretion, waive any
requirement of the Contractor contained in this Agreement. The Contractor may waive any
requirements of the CRA contained in this Agreement.
28) Contractor -owned records. Except as provided in Chapter 119, Florida Statutes, all records
created and compiled by Contractor in completing the Services are owned by Contractor and
include, but are not limited to, written reports, studies, drawings, blueprints, photographs,
negatives of photographs, computer printouts, graphs, charts, plans, contract documents,
specifications, all ridership data, information generated on the Contractor's proprietary
mobile applications and all other similarly recorded data.
29) Public Records. The CRA is a 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 CRA to perform the Services
described in this Agreement.
b. Upon request from the CRA's custodian of public records, provide the CRA 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 confidential and exempt from public
record requirements are not disclosed except as authorized by law for the duration
of the Agreement term and following completion of the Agreement if the
Contractor does not transfer the records to the CRA.
Upon completion of the Agreement, transfer, at no cost, to the CRA all public
records in possession of the Contractor or keep and maintain public records
required by the CRA to perform the service. If the Contractor transfers all public
records to the CRA upon completion of the Agreement, 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 Agreement, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
Page 7 of 10
4875-9566-4284, v. 2
153
provided to the CRA, upon request from the CRA's custodian of public records, in
a format that is compatible with the information technology systems of the CRA.
The Contractor also understands that CRA may disclose any document in connection with
performance of the Services or this Agreement, so long as the document is not exempt or
confidential and exempt from public records requirements.
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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT (561) 737-3256; 100 E. Ocean Ave., 411 Floor, Boynton Beach,
, � ,.. i.......:.....l.o .
FL 33435• or "4�talT l�lttm
30) Agent. If this Agreement is signed by the Contractor's agent, the agent warrants that he/she
is duly authorized to act on behalf of the Contractor, that he/she is authorized to enter into
this Agreement, and that the agent and Contractor are jointly and severally liable for any
breach of this Agreement.
31) Notice and Contact. The parties shall use the contact information below for coordinating
delivery of the Services. Whenever either Party desires to give notice to the other, such notice
must be in writing and sent by United States mail, return receipt requested, courier, evidenced
by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt,
addressed to the Party for whom it is intended at the place last specified; and the place for
giving of notice shall remain until it shall have been changed by written notice in compliance
with the provisions of this paragraph. For the present, the Parties designate the following as
the respective places for giving of notice:
Contact Person for the Contractor Circuit Transit Inc.
Jason Mirras
501 East Las Olas
Suite 300
Fort Lauderdale, FL 33301
With a copy to:
Circuit Transit Inc.
P.O. Box 2173
Amagansett, NY 11930
Attention : James Mirras
Contact Person for the CRA (hereinafter "Program Coordinator"):
Name: Timothy Tack
Address: 100 E. Ocean Avenue. 4th Floor,
Boynton Beach, FL 33435
Page 8of10
4875-9566-4284, v. 2
154
Email Address: TackT@bbfl.us.
Telephone Number: (561) 600-9091
With a copy to:
Kathryn Rossmell, Esq.
Lewis, Longman, & Walker P.A.
360 S. Rosemary Avenue, Suite 1 100
West Palm Beach, FL 33401
32) Attorneys' Fees and Costs. Should it be necessary to bring an action to enforce any of the
provisions of this Agreement, each party shall be responsible for its own attorneys' fees and
costs.
33) Compliance with Laws. In the performance of the Services under this Agreement, the
Contractor shall comply in all material respects with all applicable federal and state laws and
regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA
ordinances and regulations, including applicable ethics and procurement requirements.
34) Effective Date and Termination. This Agreement will become effective at the date and
time that the last party signs this Agreement (`Effective Date"). Unless earlier terminated
pursuant to this Agreement, this Agreement will automatically terminate after the
performance of the Services and final Payment by the CRA. Nothing in this paragraph shall
be construed so as to affect the CRA's right to cancel or postpone the Services pursuant to
this Agreement.
35) Modification. This Agreement will not be modified or amended except by the express
written agreement of the Parties, signed by a duly authorized representative for each Party.
Any other attempt to modify or amend this Agreement will be null and void and may not be
relied upon by either Party.
36) Survival. The provisions of this Agreement regarding promotional rights, infringement,
indemnity, waiver, limitation of liability, insurance, agents, and cancellation shall survive
the expiration or termination of this Agreement and remain in full force and effect.
37) Electronic Signatures. The parties agree that the electronic signature of a party to this
Agreement shall be as valid as an original signature of such party and shall be effective to
bind such party to this Agreement.
38) Non -Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized
Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes,
and is not engaged in a boycott of Israel. If the CRA determines that this certification is
falsified or contains false statements, or that Contractor is placed Scrutinized Companies that
Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement, the
CRA may terminate the Agreement.
39) Agreement Non -Exclusive. Contractor shall be free to contract for similar services to be
performed for other entities or persons while under contract with the CRA. The provision of
Page 9 of 10
4875-9566-4284, v. 2
155
services provided for herein is non-exclusive. The CRA in its sole and absolute discretion
may retain additional entities or persons to perform the same or similar work.
40) E -Verify. Contractor warrants for itself and its subcontractors that Contractor and all
subcontractors are in compliance with all federal immigration laws and regulations that
relate to their employees. The Contractor agrees and acknowledges that the CRA is a public
employer that is subject to the E -verify requirements as set forth in Section 448.095, Florida
Statutes, and that the provisions of F.S. Sec. 448.095 apply to this
Agreement. Notwithstanding any other provisions in this Agreement, if the CRA has a good
faith belief that Contractor has knowingly hired, recruited or referred an alien who is not
duly authorized to work by the immigration laws or the Attorney General of the United
States for employment under this Agreement, the CRA shall terminate the Agreement. If
the CRA that has a good faith belief that a subcontractor knowingly hired, recruited or
referred an alien who is not duly authorized to work by the immigration laws or the Attorney
General of the United States for employment under this Agreement, the
CRA shall promptly notify Contractor and order Contractor to immediately terminate the
contract with the subcontractor. Contractor shall be liable for any additional costs incurred
by the CRA as a result of the termination of a contract based on Contractor's failure to
comply with E -verify requirements referenced herein.
41) Conflict of Interest. Circuit represents that it has no interest and will not acquire any
interest, direct or indirect, that would conflict with the performance of the services to be
rendered under this Agreement.
IN WITNESS WEEREOF, the parties hereto have caused this Agreement to be executed on the-
day
heday and year written below.
By:
Au epresentative r Contractor
Print Name:.. � , _ ye, -11
Witness:...
Witness Name: �°....m
B �
Y:
Authorized tative for CRA
Print Name:/ mm'.-_ _ .m i _ . " ._._ ....__ m.„_.....,........._........_
Witness:.. _.. ;���...... ..... . _m..._
Witness Name: I f, 1'e"i t &
Page 10 of 10
Date: t .. Z.Y............_. _,.,.,..
Haze:
Date:
Date:,, R
4875-95664294, v. 2 156
EXHIBIT A: SCOPE OF WORK
Section 1: Summary of Services
Circuit shall develop, implement and manage a Micro -Transit "On Demand" service (the "Service") within
a geo-fenced coverage area described in Exhibit A-1. The Service will have the ability to be on demand
and may include supplementary service for special events as specified in this Scope of Work. The Service
will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate
primarily throughout the Boynton Beach CRA boundaries and provide transportation to Ocean Front Beach
Park. The Service to the Beach shall be subject to CRA's execution of an interlocal agreement with the City
of Boynton Beach for the provision of services to Ocean Front Beach Park.
The Service shall:
A. Operate a 6 -month on -demand pilot test in two zones (Zone 1 and Zone 2) covering approximately
1.6 square miles of coverage area as illustrated in Exhibit C ("Service Area"). Zone 1 is located
within the boundaries of the CRA. Zone 2 provides service to Ocean Front Beach Park, which is
located outside the boundaries of the CRA.
B. Supplement any part of the service with a fixed route for special events and if deemed necessary
through data and public needs.
C. Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various
locations based on monthly, weekly, daily, and hourly fluctuations in demand in order to achieve a
desired level of service.
D. Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations.
E. Provide a safe and pleasing passenger experience with capable, qualified and courteous drivers.
F. Feature a mobile application downloadable from both the Apple Store and Google Play Store which
will have the ability to charge a fee for service via a secured credit card payment system.
G. Provide a dedicated phone line so that users can call and request assistance.
H. Service will be operational within 30 days of the effective date of this Agreement or upon the
CRA's execution of an interlocal agreement with the City of Boynton Beach for services,
whichever is later. The date of operation may be extended by mutual agreement of the parties if
necessary to accommodate installation of infrastructure as required by Section 4 this agreement.
I. Service shall be periodically adjusted based upon needs identified during the term of the Agreement
and the availability of funds.
Section 2: Mobile Application
Circuit shall provide a mobile application which provides for the following:
A. Allows riders to request pick up and drop off locations within the Service Area.
B. Allows the user to connect from Zone I and Zone 2.
C. At no cost to the CRA, Circuit shall maintain updates to the application, which shall be compatible
with smart phones and other mobile devices.
D. Provides for the ability to charge a fee per rider and issue discounts via promo -codes.
E. Provides users with approximate time until pick up.
F. Allows users to rate drivers and provide feedback.
G. Features a Google Maps based map (or equivalent) that identifies the boundaries of the Service
Area.
H. After a ride request has been accepted by a driver, depicts the real-time location of vehicles on a
map of the Service Area.
1. Ability to track party and usage data.
4853-3349-4940. v. 6
157
Section 3: Marketing and Branding
A. In coordination with the CRA, Circuit shall develop and implement a branding strategy, which shall
incorporate the logo and name of the CRA and the City of Boynton Beach. Circuit shall not
implement any branding strategy without prior written approval from the CRA. Any changes to the
branding strategy must be approved in writing by the CRA prior to implementation.
B. Circuit shall develop and implement a marketing program to promote awareness of the program.
The CRA shall have the right to request changes to the marketing program.
C. The CRA retains the right to review marketing materials prior to use and to request changes or
withdrawal of any marketing materials.
Section 4: Vehicles and Infrastructure
Circuit shall procure, license, operate and maintain vehicles and related infrastructure including charging
stations used in the service in accordance with applicable laws and regulations with the following
requirements.
A. Fleet Size. Unless the parties agree otherwise, Circuit will acquire and operate at its own expense
no fewer than two (2) GEM vehicles (inclusive of one (1) ADA accessible GEM vehicle) and two
(2) EV Sedans as part of this Service. "The parties agree that the hourly rate for the EV Sedans will
be the same as the GEM vehicles for the Initial Term and Renewal Term of the Agreement. Circuit
shall maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility
requirements.
B. Specifications. All vehicles will:
i. Comply with all applicable laws and regulations.
ii. Be fully electric.
iii. Meet all safety standards established by applicable law or regulation.
iv. Feature luggage carrying capacity.
C. Branding. The branding strategy will be applied to all vehicles as follows:
i. At all times during operation of any vehicles pursuant to this Agreement, Circuit may apply,
but is not limited to, branding to all wheels, hoods, front panels, coping, roof and rear
fenders, unless otherwise prohibited by the CRA.
ii. Circuit shall develop a default vehicle wrap to be used when no paying advertiser has been
identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved
by the CRA.
iii. Exterior and interior advertising will not interfere with the placement or visibility of any
branding required by this Agreement, unless otherwise approved by the CRA.
D. Licensing. Circuit shall obtain and maintain proper licensing and registration of all vehicles at all
times.
E. Parking and charging stations. The CRA shall provide four (4) parking spaces that will be
reserved exclusively for Circuit's use, which Circuit may use for charging, parking, and storing
the vehicles during times of non -operation. The location of the spaces will be as stated in the
Interlocal agreement between the CRA and the City. Circuit shall be permitted to install Level 2
EV charging stations and signage at the three (3) of the reserved parking spaces. Circuit shall be
solely responsible for the cast of signage, charging equipment, and electrical services required for
charging vehicles. The CRA shall ensure that electrical service is available at the reserved spaces.
Upon termination of the Agreement, Circuit shall restore the reserved parking spaces to their
original condition.
F. Maintenance and replacement.
4853-3349-4940, v. 6
158
i. At Circuit's sole cost, Circuit shall maintain the interior and exterior of all vehicles in good
working order, in accordance with all applicable laws and regulations.
ii. Circuit shall ensure that all vehicles will be free of graffiti, vandalism, defacement and other
damage to the satisfaction of the CRA.
iii. Circuit shall replace any vehicle at its sole cost when the vehicle cannot be maintained in
good working order, in accordance with applicable laws and regulations, or it is no longer
able to be maintained in accordance with the requirements of this Agreement.
iv. Circuit shall use its best efforts to restore or replace non -operational vehicles to operation
within three (3) calendar days from the date of any incident requiring the vehicle to be
removed from operation. Circuit shall provide verbal and written notice to the CRA of any
delay in restoring or replacing a non -operational vehicle that extends beyond three (3)
calendar days from the date of malfunction. If the CRA determines that any such delay is
due to Circuit's lack of diligence, the CRA will have the right to pursue any remedy provided
for in this Agreement, or at law or equity.
Section 5: Staffing
A. General. Circuit shall provide sufficient staffing to maintain levels of service required by this
Agreement. All persons providing services pursuant to this Agreement will be employees,
contractors or consultants hired by the Circuit. Circuit is solely responsible for all staffing decisions
made pursuant to this Contract.
B. Drivers. Circuit shall obtain complete background checks on all drivers, including driving records,
criminal checks and employment references, conduct initial drug testing, and provide a training
program for newly hired drivers. Circuit shall not hire any convicted felon or any person who has
been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor
in any state. Circuit shall not hire a driver with more than three (3) infractions relating to driving a
motorized vehicle within the previous 24 months. Circuit to review each driver's driving and
criminal records at least annually.
C. Circuit shall provide its employees with a living wage and tips.
Section 6: Attaining and Maintaining Levels of Service (LOS)
A. General. Circuit shall provide an LOS that meets customer demands at all times of Service
operations.
B. Service Level review. Circuit and the CRA shall meet at least quarterly to review LOS and
determine if any adjustments are necessary. Any agreed upon adjustments will be made in writing.
C. The CRA designates Timothy Tack as the Project Manager and will provide written notification to
Circuit of any changes to the Project Manager. The Project Manager shall be Circuit's principal
point of contact regarding any matters relating to this Agreement. The Project Manager shall
provide all general direction to Circuit regarding performance and provide guidance regarding the
CRA' s goals and policies. The Project Manager is authorized to waive or modify any material
changes to this Scope of Work changes so long as the changes do not increase Compensation paid
to Circuit. Except as provided herein, any modifications to the Scope of Services that increase the
Compensation paid to Circuit must be agreed by the parties by written amendment to the
Agreement.
D. Circuit designates Jason Bagley as Circuit's Representative for this Agreement. Circuit will
provide written notice to the CRA should there be a subsequent Representative change. Circuit's
Representative has full right, power and authority to act for Circuit on all matters arising under or
relating to this Agreement.
E. Special events. CRA may request additional vehicles for special events. Such request shall be
made at least thirty (30) days prior to the special event and may include a request the establishment
4853-3349-4940, v. 6
159
of a fixed route for existing vehicles and/or a request additional vehicles, subject to availability.
For additional vehicles provided for special events, CRA agrees to pay the regular service hourly
rate per vehicle of $34.97 plus the actual cost to transport the vehicle(s) to the requested location,
which will be agreed to by the parties in writing, prior to transportation.
Section 7. Trip Sharing
A. Drivers shall be permitted to transport more than one (1) party but no more than five (5) parties in
GEM vehicles and four (4) parties in the E -Sedan under the following conditions:
i. The vehicle must be equipped with individual seatbelts for the driver and each rider.
ii. All passengers must use seatbelts at all times.
iii. The total number of passengers, including the driver does not exceed the vehicle's
legal capacity.
Section 8: Operational Requirements
A. Circuit and all its employees, officers, managers, staff, subcontractors and subconsultants shall
comply with all applicable local, state and federal laws and regulations while performing work
pursuant to this Agreement including but not limited to all laws and regulations regarding the safe
operation of vehicles.
B. Circuit shall prohibit drivers from texting or using smartphones, or other mobile device, eating,
drinking, wearing headphones, and engaging in any activity that may cause the driver to become
distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be
permitted to wear Bluetooth enabled device or similar technology to provide service provided by
this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart
phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws
governing such devices.
C. Circuit must obtain all permits and approvals required in the ordinary course of business for the
safe and legal operation of the Service, including without limitation, permits or approvals from the
Florida Department of Highway Safety and Motor Vehicles, . Circuit is responsible for obtaining
any permits and approvals required by the State of Florida for operation of the Service.
D. Circuit to require all persons using the Service to comply with applicable local, state and federal
laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles.
E. Circuit and its drivers are permitted to refuse service when, in the driver's opinion, a passenger
poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or
persons.
F. Circuit is permitted to establish reasonable restrictions on the provision of services to non -service
animals.
G. All Circuit drivers shall wear proper identification and a uniform.
H. The CRA reserves the right to request immediate dismissal of any Circuit employees who fail to
comply with the requirements of this Agreement. Relief personnel should be readily available
during the term of this Agreement.
Section 9: Operating Hours
Each vehicle shall be available for an anticipated sixty (60) hours each week ("Vehicle Hours") . The cost
per vehicle shall be based on the rates described in the Pricing Schedule attached as Exhibit B. The Vehicle
Hours shall occur within the following schedule:
4853-3349-4940, v. 6
160
Daa�.
Start time�.�.....�
End...time ..�..�.�........
..a.� ...�.� .a..
Mon
.......�..100...a
....�...�
0
....�__�.�.�.�.�.�.__ ..... _..._.
8:00 pm
Tues
10:00 am
8:00 pm
Weds...��...................................10:00.�.�a�o�.o..�o�
8:00wp........._.
Thurs....
10:0.0...am.�.�.....�..�.�..........���...
8:00 p ....................................
......... ... ...........
Fri
........... �
...................................................................................�����������..w�a..��...._....._��
10:00 am
10:00 pm
��
Sat ..................................
.....
.10:00
.........................................
am
...�
10:00 pm
Sun...w...............................a...........�O...OO..�a.......�.�.�.�.�.�.�.�.�.�.�..,.�.
Sun
� 8.......... .�.....�.�.�.�.�.�..
CRA Project Manager shall have the discretion to reduce or increase the number of Vehicle Hours and/or
determine the hours of operation based on level of demand as determined by monthly data collection and
consideration of holidays or other special events so long as the total Vehicle Hours for each month does not
exceed the CRA's annual budget for the Service.
Section 10: Levels of Service Reporting
A. Circuit shall provide the CRA with monthly reports describing the level of service for each zone.
Upon request, Circuit will provide the CRA with weekly level of service reports for each zone.
B. Monthly data reports shall include:
i. Number of parties on a daily, weekly and monthly basis
ii. Number of paying customers
iii. Gross/Net revenue collected for fare revenue credits which distinguishes between fare
revenue collected for Zone 1 trips and fare revenue collected for Zone 2 trips.
iv. Number of vehicles not in operation on a daily, weekly and monthly basis
v. Average wait time from request through the mobile app until arrival by assigned driver on
a daily, weekly and monthly basis.
vi. Average trip duration on a daily, weekly and monthly basis.
vii. Pick-up and drop off location for each trip.
viii. Average number of passengers per party per trip.
ix. Average number of parties per trip.
x. Number of passenger complaints received and resolution of the complaints on a daily,
weekly and monthly basis.
C. Circuit shall present a report to the CRA Board on a quarterly basis summarizing the data provided
in the monthly reports, the collected fare revenue, and the advertising revenue generated.
D. In the event Circuit does not provide a required report(s), the CRA reserves the right to withhold
payment until the required report is received. To the extent that the CRA requires additional
information related to the above reporting requirement, Circuit shall provide the information to the
CRA.
Section 11: Advertisement Sales
Circuit shall sell space on the exterior or interior of the vehicles for the display of commercial advertising.
Net Advertising Revenue, defined below, that is generated by Circuit in connection with the sales of
commercial advertising shall be divided equally between Circuit and the CRA. Net Advertising Revenue
means the gross advertising revenue received less all costs and expenses, including, but not limited to
4853-3349-4940, v. 6
161
advertisement design, production costs, installation and removal costs and customary commissions paid to
media sales representatives, incurred by Circuit in connection with providing the advertisement sales.
Circuit shall provide an accounting of all advertising revenue with its Level of Service monthly report as
required in Section 9, which shall include the gross revenue, costs and expenses Circuit shall provide to
CRA a breakdown of the Net Advertising Revenue each month, which shall include the gross revenue plus
costs and expenses incurred in connection with providing advertising sales
Section 12. Advertising Guidelines
A. In its agreements with its advertising contractors, Circuit shall reserve the right to reject any
advertisement, commercial or noncommercial.
B. Circuit shall determine the methods, details, and means for performing the Advertising Sales
Services, subject to the CRA's consent which shall not be unreasonably withheld.
C. All advertising and promotional materials, including, without limitation, any vehicle "wraps"
(collectively "Advertising") must conform to the following criteria:
i. Defamatoa ay'r Advertising.. No Advertising will be permitted that falsely disparages any
person, product, or company, or that is likely to damage the reputation of any person,
product, or company.
ii. Advertising_Condoni,pg; CriminalConduct. No Advertising will be permitted that is likely
to incite or produce imminent unlawful activity.
iii. Obscene Advertisin „. No Advertising shall display any statement, word, character, or
illustration of an indecent or obscene nature, as defined by F.S. Chapter 847, as may be
amended from time to time.
iv. False Advertising. No Advertising shall displace false or misleading information, intended
to mislead the public as to anything sold, any services to be performed or information
disseminated.
v. Tobacco Firearms.and, Cammabis,. No Advertising shall display any statement that
promotes the sale of tobacco or tobacco products, electronic cigarettes, firearms, or
medical marijuana treatment centers or delivery devices in accordance with Florida law.
vi. Eaistini� Laws. All Advertising must conform to all applicable federal, state, and local
statutes, laws, ordinances, rules and regulations.
D. The CRA shall request removal of any advertising, commercial or noncommercial, that does not
confonn to this policy. Such demand will be in writing and will state reasonable grounds for the
request. Circuit will consider and act promptly upon the request in accordance with this policy.
Section 13: Ridership Fares
A. Circuit shall collect ridership fares for the services, as follows:
4853-3349-4940, v. 6
162
IF
3
i. For rides that begin and terminate within Zone 1: $1.00 for each rider.
ii. For rides that begin or terminate in Zone 2: $2:00 for each rider. If the rider is part of
a group, $2.00 for the initial rider and $1.00 for each additional rider within the group.
Circuit shall credit the CRA * s monthly invoice for each Zone with 100% of the Net Fare Revenue,
defined below, that is generated and collected from ridership fares,
Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the
services less revenue collection costs and expenses, including but not limited to sales taxes or other
taxes imposed by law, credit card processing fees and other billing related charging by third parties
imposing similar processing charges. Circuit will be responsible for documenting all costs and
expenses and related charges associated with the Net Fare Revenue calculations.
4853-3349-4940, v. 6
163
Exhibit A- I Service Area
The Circuit Service Area for City of Boynton Beach CRA that is active in the Ride Circuit app and on the
Circuit website is as follows:
Zone 1: Area shaded blue
Zone 2: Area shaded green
4854-7888-5014, v. 2
164
Exhibit B: Pricing Schedule
12
orna --k
W,
OIA
a
00
a,
w
w
N
fAI
a
NJ
6
ours hr Mnn4r
261
261
261
261
261
M
261
261
2`�
261
261
lo
w
2
4
2—
�GEM
EV—
9
0
0
2
0
A
t
a
6
a
A4M15rs------- ------------------------------ --
EM Ve6MeSeMce Hours
211.0
1614
2614
26110
161.0
261.0
26va
lolo
261"
761,
261
261,0
2610
261,0
261.0
2610
201.0
20.0
201.0
2610
261.0
261,
H—
0.0
ol.
0.0
olo
4.0
00010
010
OA
60
0.0
DI
Iden Servk4lbun.. . ............... ..
5210
5210
"
'
$21.0
l 20
5220
532.0
522.0
52LO
'22,
3497 $
-7
-7
.97
34.97
34,97 $
'IV s
3617
Ask $
34.97 5
010
/ADA5tanNry OEM/Servir4 Ebur 9r
30.91
30.97 $
34.82 $
30.97 $
30.91 $
—
38.93
31.97
31.47 $
34.43 $
3097
.17
— 7
...........
7
7
.wk................:......
................... .
I
So"
I P—... / W.h s
LODO s
1.000 $
LOW 5
.000 5
lao S
L"
165
EXHIBIT A: SCOPE OF WORK
Section 1: Summary of Services
Circuit shall develop, implement and manage a Micro -Transit "On Demand" service (the "Service") within
a geo-fenced coverage area described in Exhibit A-1. The Service will have the ability to be on demand
and may include supplementary service for special events as specified in this Scope of Work. The Service
will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate
primarily throughout the Boynton Beach CRA boundaries and provide transportation to Ocean Front Beach
Park. The Service to the Beach shall be subject to CRA's execution of an interlocal agreement with the City
of Boynton Beach for the provision of services to Ocean Front Beach Park.
The Service shall:
A. Operate a 6 -month on -demand pilot test in two zones (Zone 1 and Zone 2) covering approximately
1.6 square miles of coverage area as illustrated in Exhibit C ("Service Area"). Zone 1 is located
within the boundaries of the CRA. Zone 2 provides service to Ocean Front Beach Park, which is
located outside the boundaries of the CRA.
B. Supplement any part of the service with a fixed route for special events and if deemed necessary
through data and public needs.
C. Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various
locations based on monthly, weekly, daily, and hourly fluctuations in demand in order to achieve a
desired level of service.
D. Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations.
E. Provide a safe and pleasing passenger experience with capable, qualified and courteous drivers.
F. Feature a mobile application downloadable from both the Apple Store and Google Play Store which
will have the ability to charge a fee for service via a secured credit card payment system.
G. Provide a dedicated phone line so that users can call and request assistance.
H. Service will be operational within 30 days of the effective date of this Agreement or upon the
CRA's execution of an interlocal agreement with the City of Boynton Beach for services,
whichever is later. The date of operation may be extended by mutual agreement of the parties if
necessary to accommodate installation of infrastructure as required by Section 4 this agreement.
I. Service shall be periodically adjusted based upon needs identified during the term of the Agreement
and the availability of funds.
Section 2: Mobile Application
Circuit shall provide a mobile application which provides for the following:
A. Allows riders to request pick up and drop off locations within the Service Area.
B. Allows the user to connect from Zone 1 and Zone 2.
C. At no cost to the CRA, Circuit shall maintain updates to the application, which shall be compatible
with smart phones and other mobile devices.
D. Provides for the ability to charge a fee per rider and issue discounts via promo -codes.
E. Provides users with approximate time until pick up.
F. Allows users to rate drivers and provide feedback.
G. Features a Google Maps based map (or equivalent) that identifies the boundaries of the Service
Area.
H. After a ride request has been accepted by a driver, depicts the real-time location of vehicles on a
map of the Service Area.
I. Ability to track party and usage data.
4853-3349-4940, v. 6 166
Section 3: Marketing and Branding
A. In coordination with the CRA, Circuit shall develop and implement a branding strategy, which shall
incorporate the logo and name of the CRA and the City of Boynton Beach. Circuit shall not
implement any branding strategy without prior written approval from the CRA. Any changes to the
branding strategy must be approved in writing by the CRA prior to implementation.
B. Circuit shall develop and implement a marketing program to promote awareness of the program.
The CRA shall have the right to request changes to the marketing program.
C. The CRA retains the right to review marketing materials prior to use and to request changes or
withdrawal of any marketing materials.
Section 4: Vehicles and Infrastructure
Circuit shall procure, license, operate and maintain vehicles and related infrastructure including charging
stations used in the service in accordance with applicable laws and regulations with the following
requirements.
A. Fleet Size. Unless the parties agree otherwise, Circuit will acquire and operate at its own expense
no fewer than two (2) GEM vehicles (inclusive of one (1) ADA accessible GEM vehicle) and two
(2) EV Sedans as part of this Service. The parties agree that the hourly rate for the EV Sedans will
be the same as the GEM vehicles for the Initial Term and Renewal Term of the Agreement. Circuit
shall maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility
requirements.
B. Specifications. All vehicles will:
i. Comply with all applicable laws and regulations.
ii. Be fully electric.
iii. Meet all safety standards established by applicable law or regulation.
iv. Feature luggage carrying capacity.
C. Branding. The branding strategy will be applied to all vehicles as follows:
i. At all times during operation of any vehicles pursuant to this Agreement, Circuit may apply,
but is not limited to, branding to all wheels, hoods, front panels, coping, roof and rear
fenders, unless otherwise prohibited by the CRA.
ii. Circuit shall develop a default vehicle wrap to be used when no paying advertiser has been
identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved
by the CRA.
iii. Exterior and interior advertising will not interfere with the placement or visibility of any
branding required by this Agreement, unless otherwise approved by the CRA.
D. Licensing. Circuit shall obtain and maintain proper licensing and registration of all vehicles at all
times.
E. Parking and charging stations. The CRA shall provide four (4) parking spaces that will be
reserved exclusively for Circuit's use, which Circuit may use for charging, parking, and storing
the vehicles during times of non -operation. The location of the spaces will be as stated in the
Interlocal agreement between the CRA and the City. Circuit shall be permitted to install Level 2
EV charging stations and signage at the three (3) of the reserved parking spaces. Circuit shall be
solely responsible for the cost of signage, charging equipment, and electrical services required for
charging vehicles. The CRA shall ensure that electrical service is available at the reserved spaces.
Upon termination of the Agreement, Circuit shall restore the reserved parking spaces to their
original condition.
F. Maintenance and replacement.
4853-3349-4940, v. 6 167
i. At Circuit's sole cost, Circuit shall maintain the interior and exterior of all vehicles in good
working order, in accordance with all applicable laws and regulations.
ii. Circuit shall ensure that all vehicles will be free of graffiti, vandalism, defacement and other
damage to the satisfaction of the CRA.
iii. Circuit shall replace any vehicle at its sole cost when the vehicle cannot be maintained in
good working order, in accordance with applicable laws and regulations, or it is no longer
able to be maintained in accordance with the requirements of this Agreement.
iv. Circuit shall use its best efforts to restore or replace non -operational vehicles to operation
within three (3) calendar days from the date of any incident requiring the vehicle to be
removed from operation. Circuit shall provide verbal and written notice to the CRA of any
delay in restoring or replacing a non -operational vehicle that extends beyond three (3)
calendar days from the date of malfunction. If the CRA determines that any such delay is
due to Circuit's lack of diligence, the CRA will have the right to pursue any remedy provided
for in this Agreement, or at law or equity.
Section 5: Staffing
A. General. Circuit shall provide sufficient staffing to maintain levels of service required by this
Agreement. All persons providing services pursuant to this Agreement will be employees,
contractors or consultants hired by the Circuit. Circuit is solely responsible for all staffing decisions
made pursuant to this Contract.
B. Drivers. Circuit shall obtain complete background checks on all drivers, including driving records,
criminal checks and employment references, conduct initial drug testing, and provide a training
program for newly hired drivers. Circuit shall not hire any convicted felon or any person who has
been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor
in any state. Circuit shall not hire a driver with more than three (3) infractions relating to driving a
motorized vehicle within the previous 24 months. Circuit to review each driver's driving and
criminal records at least annually.
C. Circuit shall provide its employees with a living wage and tips.
Section 6: Attaining and Maintaining Levels of Service (LOS)
A. General. Circuit shall provide an LOS that meets customer demands at all times of Service
operations.
B. Service Level review. Circuit and the CRA shall meet at least quarterly to review LOS and
determine if any adjustments are necessary. Any agreed upon adjustments will be made in writing.
C. The CRA designates Timothy Tack as the Project Manager and will provide written notification to
Circuit of any changes to the Project Manager. The Project Manager shall be Circuit's principal
point of contact regarding any matters relating to this Agreement. The Project Manager shall
provide all general direction to Circuit regarding performance and provide guidance regarding the
CRA' s goals and policies. The Project Manager is authorized to waive or modify any material
changes to this Scope of Work changes so long as the changes do not increase Compensation paid
to Circuit. Except as provided herein, any modifications to the Scope of Services that increase the
Compensation paid to Circuit must be agreed by the parties by written amendment to the
Agreement.
D. Circuit designates Jason Bagley as Circuit's Representative for this Agreement. Circuit will
provide written notice to the CRA should there be a subsequent Representative change. Circuit's
Representative has full right, power and authority to act for Circuit on all matters arising under or
relating to this Agreement.
E. Special events. CRA may request additional vehicles for special events. Such request shall be
made at least thirty (30) days prior to the special event and may include a request the establishment
4853-3349-4940, v. 6 168
of a fixed route for existing vehicles and/or a request additional vehicles, subject to availability.
For additional vehicles provided for special events, CRA agrees to pay the regular service hourly
rate per vehicle of $34.97 plus the actual cost to transport the vehicle(s) to the requested location,
which will be agreed to by the parties in writing, prior to transportation.
Section 7. Trip Sharing
A. Drivers shall be permitted to transport more than one (1) party but no more than five (5) parties in
GEM vehicles and four (4) parties in the E -Sedan under the following conditions:
i. The vehicle must be equipped with individual seatbelts for the driver and each rider.
ii. All passengers must use seatbelts at all times.
iii. The total number of passengers, including the driver does not exceed the vehicle's
legal capacity.
Section 8: Operational Requirements
A. Circuit and all its employees, officers, managers, staff, subcontractors and subconsultants shall
comply with all applicable local, state and federal laws and regulations while performing work
pursuant to this Agreement including but not limited to all laws and regulations regarding the safe
operation of vehicles.
B. Circuit shall prohibit drivers from texting or using smartphones, or other mobile device, eating,
drinking, wearing headphones, and engaging in any activity that may cause the driver to become
distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be
permitted to wear Bluetooth enabled device or similar technology to provide service provided by
this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart
phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws
governing such devices.
C. Circuit must obtain all permits and approvals required in the ordinary course of business for the
safe and legal operation of the Service, including without limitation, permits or approvals from the
Florida Department of Highway Safety and Motor Vehicles, . Circuit is responsible for obtaining
any permits and approvals required by the State of Florida for operation of the Service.
D. Circuit to require all persons using the Service to comply with applicable local, state and federal
laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles.
E. Circuit and its drivers are permitted to refuse service when, in the driver's opinion, a passenger
poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or
persons.
F. Circuit is permitted to establish reasonable restrictions on the provision of services to non -service
animals.
G. All Circuit drivers shall wear proper identification and a uniform.
H. The CRA reserves the right to request immediate dismissal of any Circuit employees who fail to
comply with the requirements of this Agreement. Relief personnel should be readily available
during the term of this Agreement.
Section 9: Operating Hours
Each vehicle shall be available for an anticipated sixty (60) hours each week ("Vehicle Hours") . The cost
per vehicle shall be based on the rates described in the Pricing Schedule attached as Exhibit B. The Vehicle
Hours shall occur within the following schedule:
4853-3349-4940, v. 6 169
Day
Start time
End time
...............................................................................................................................................................................................................................
Mon
10:00 am
8:00 pm
...............................................................................................................................................................................................................................
Tues
10:00 am
8:00 pm
Weds
10:00 am
8:00 pm
...............................................................................................................................................................................................................................
Turs
10:00 am
8:00 pm
Fri
10:00 am
10:00 pm
Sat
10:00 am
10:00 pm
Sun
10:00 am
8:00 pm
CRA Project Manager shall have the discretion to reduce or increase the number of Vehicle Hours and/or
determine the hours of operation based on level of demand as determined by monthly data collection and
consideration of holidays or other special events so long as the total Vehicle Hours for each month does not
exceed the CRA's annual budget for the Service.
Section 10: Levels of Service Reporting
A. Circuit shall provide the CRA with monthly reports describing the level of service for each zone.
Upon request, Circuit will provide the CRA with weekly level of service reports for each zone.
B. Monthly data reports shall include:
i. Number of parties on a daily, weekly and monthly basis
ii. Number of paying customers
iii. Gross/Net revenue collected for fare revenue credits which distinguishes between fare
revenue collected for Zone 1 trips and fare revenue collected for Zone 2 trips.
iv. Number of vehicles not in operation on a daily, weekly and monthly basis
v. Average wait time from request through the mobile app until arrival by assigned driver on
a daily, weekly and monthly basis.
vi. Average trip duration on a daily, weekly and monthly basis.
vii. Pick-up and drop off location for each trip.
viii. Average number of passengers per party per trip.
ix. Average number of parties per trip.
x. Number of passenger complaints received and resolution of the complaints on a daily,
weekly and monthly basis.
C. Circuit shall present a report to the CRA Board on a quarterly basis summarizing the data provided
in the monthly reports, the collected fare revenue, and the advertising revenue generated.
D. In the event Circuit does not provide a required report(s), the CRA reserves the right to withhold
payment until the required report is received. To the extent that the CRA requires additional
information related to the above reporting requirement, Circuit shall provide the information to the
CRA.
Section 11: Advertisement Sales
Circuit shall sell space on the exterior or interior of the vehicles for the display of commercial advertising.
Net Advertising Revenue, defined below, that is generated by Circuit in connection with the sales of
commercial advertising shall be divided equally between Circuit and the CRA. Net Advertising Revenue
means the gross advertising revenue received less all costs and expenses, including, but not limited to
4853-3349-4940, v. 6 170
advertisement design, production costs, installation and removal costs and customary commissions paid to
media sales representatives, incurred by Circuit in connection with providing the advertisement sales.
Circuit shall provide an accounting of all advertising revenue with its Level of Service monthly report as
required in Section 9, which shall include the gross revenue, costs and expenses Circuit shall provide to
CRA a breakdown of the Net Advertising Revenue each month, which shall include the gross revenue plus
costs and expenses incurred in connection with providing advertising sales
Section 12. Advertising Guidelines
A. In its agreements with its advertising contractors, Circuit shall reserve the right to reject any
advertisement, commercial or noncommercial.
B. Circuit shall determine the methods, details, and means for performing the Advertising Sales
Services, subject to the CRA's consent which shall not be unreasonably withheld.
C. All advertising and promotional materials, including, without limitation, any vehicle "wraps"
(collectively "Advertising") must conform to the following criteria:
i. Defamatory Advertising. No Advertising will be permitted that falsely disparages any
person, product, or company, or that is likely to damage the reputation of any person,
product, or company.
ii. Advertising Condoning Criminal Conduct. No Advertising will be permitted that is likely
to incite or produce imminent unlawful activity.
iii. Obscene Advertising. No Advertising shall display any statement, word, character, or
illustration of an indecent or obscene nature, as defined by F.S. Chapter 847, as may be
amended from time to time.
iv. False Advertising. No Advertising shall displace false or misleading information, intended
to mislead the public as to anything sold, any services to be performed or information
disseminated.
v. Tobacco, Firearms, and Cannabis. No Advertising shall display any statement that
promotes the sale of tobacco or tobacco products, electronic cigarettes, firearms, or
medical marijuana treatment centers or delivery devices in accordance with Florida law.
vi. Existing aws. All Advertising must conform to all applicable federal, state, and local
statutes, laws, ordinances, rules and regulations.
D. The CRA shall request removal of any advertising, commercial or noncommercial, that does not
conform to this policy. Such demand will be in writing and will state reasonable grounds for the
request. Circuit will consider and act promptly upon the request in accordance with this policy.
Section 13: Ridership Fares
A. Circuit shall collect ridership fares for the services, as follows:
4853-3349-4940, v. 6 171
I:
14
i. For rides that begin and terminate within Zone 1: $1.00 for each rider.
ii. For rides that begin or terminate in Zone 2: $2:00 for each rider. If the rider is part of
a group, $2.00 for the initial rider and $1.00 for each additional rider within the group.
Circuit shall credit the CRA's monthly invoice for each Zone with 100% of the Net Fare Revenue,
defined below, that is generated and collected from ridership fares.
Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the
services less revenue collection costs and expenses, including but not limited to sales taxes or other
taxes imposed by law, credit card processing fees and other billing related charging by third parties
imposing similar processing charges. Circuit will be responsible for documenting all costs and
expenses and related charges associated with the Net Fare Revenue calculations.
4853-3349-4940, v. 6
172
0
RESOLU"FION NO. R24-041
2 A RESOLUTION OF THE CITY OF BOYNTON BEA(,.'[[,
3 FI.,0RIDA, APPROVING AND AuTIIORIZINGTIIE MAN'ORTO
4 SIGN THE; INTERLOCAI., AGREEMENT BETWEEN THE CITY
5 OF BOYNTON BEACH AND THE BOYNTON BE
6 COMMUNITY REDEVELOPMENT AGENCY REGARDING
7 CIRCIJIT TRANSIT INC., FOR Tim BBC RA PI1.,OT RIDE
8 SHARE PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
9 WHEREAS, on January 18. 2024, the CRA Board approved a contract with Circuit
10 Transit, Inc., for the (.7RA pilot ride -share prograrn, which will provide all -electric on -&-nand
11 transportation scrviccs-, and
12 WHEREAS, the City and RA desire to provide ann additional route from the CRA
13 district to Ocean f"ront Beach Park, aloe g with four dedicated parking stalls in the north parking
14 lot at the corner ot'Seacrest Blvd, and Boynton Beach Blvd,, which will include three Level 2
15 EV charging stations adjacent to the existing electrical service; and
16 WHEREAS, in order to provide dedicated parking locations, electrical service for the
17 charging, ride share service to the Ocean Front Beach Park. and potential fixed route ride share
18 service fine- City Events, an Interlocal Agreement is N(JUired to fund any' service outside of the
19 CRA bOUndariesand allow rcirnburscruent (.)I'EV charging costs; and
20 WHEREAS, the (. I ity Commission of the City of'Boynton Bcach, Florida, upon the
21 rccorruncridation of'staff, deems it to be in the best interests ofthe City residents to approve and
22 authorize the Mayor to sign the Interlocal Agreement between the City of'Boynton Beach and
23 the Boynton Beach (70111111LInity Rcdcveloptncnt Agency regarding Ci)-CUit"Transit Inc., for the
24 BBCRA Pilot Ride Share program.
25 NOW, THEREFORE, BE IT RESOLVED BY "THE. CITY (."ONIMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA,TIIAT:
27 Section 1. Each Whereas clause Set forth above is true an(] COrrectand incorporated
28 herein by this ref'ercrtce.
29 Section 2. The ity Corni-russion of the City of Boynton f3cach, f, lorida, clues
30 hereby approve and authorize the Mayor to sign the liitcj-l(.)cal Agreement between the City of
31 Boynton Beacli and the Boynton Beach Community Redevelopment Agcncy regarding Circuit
S: CC W11C4 `AGEN DA 2024,03 05'_2,024 CC R24-041 Agenda It cm 1227 2023 ILA CitY.CRACircuit 'I nutsit
Ydot Ride"Share Progrant Docx
173
32 Transit Inc., Im the BBCRA pilot Ride Share 11'rograrn. A copy ofthe Interlocal Agreement is
33 attached hereto and incorporated herein as f,"Ahibit "A."
34 Section 3. That this Resolution shall becomc effective immediately Upon passage.
PASSED AND ADOPTED this 5th (Jay ot'March 2024.
Lyffam
m
(Corporate Seat)
CITY OF BOYN'FONBEACII, 11-ORIDA
NT'S NO
Mayor- ---- - I"y Penserga
Vice Mayor--- ThornasTurkin
'onimissionet- Angela (71112
Connnissioner - Woodrow L flay
(.lornmissioncr --- Aimcc Kelley
MEMUM
VOTE
11serga
yor
APPROVFD ASTO FORM:
juak
Shawna G. I
City Attorney
S: C( W11 ("CAGFNDA 202403-05-2024 CC R24-041 Agc"mfiJ hem 1227-2023 11 A City CRA Circuit Transit
Pilot Ride SINue PrograntDocx
174
A
THIS AGREEMENT ("Agreement") is made this_dayof 2024, by
and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter
referred to as "City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,
a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida
Statutes (hereinafter referred to as the "1313CRA")."The City and BBCRA may be referred to herein
individually as a "party" and collectively as the "parties."
WITNESSETH:
WHEREAS, the BBCRA has elected to enter into an agreement with Circuit Transit, Inc,
("Circuit"), a copy of which is attached hereto as Exhibit A ("Circuit Agreement"); and
WHEREAS, the Circuit Agreernent provides that Circuit shall provide on demand
transportation services (the "Services") as part of a pilot program for the BBCRA; and
WHEREAS, the BBCIA shall only provide funding for the Services within the 1313CRA's
boundaries; and
WHEREAS, the City desires to participate in the pilot program, fund Services outside of
the BBCRA's bOUndaries, and otherwise contribute to the pilot program as described in this
Agreement; and
WHEREAS, to that end, the area in which Services will be provided has been divided into
Zone 1 and Zone 2, which are depicted on Exhibit B attached hereto, which is hereby incorporated
herein„ and
WHEREAS, Zone 1 is within the BBCRA's boundaries; and
WHEREAS, Zone 2 is outside the BBCRA's boundaries; and
WHEREAS, the 1313CRA desires to enable the City to pailicipate in the pilot program, fund
Services outside of the Hf Cf~ boundaries, and otherwise contribute to the piUl program as
4859.3315-2162, v, I
175
described in this Agreernent" and
WHEREAS, the BBCRA has required that Circuit include the City as an additional insured
pursuant to the Circuit Agreement; and
WHEREAS, the 2016 Coilty Redevelopment Pian ("CRA Plan") calls for the BBCRA
to provide for conriectivity between the diistricts, address public parking shortfalls, and p�rovide for
additional pub4c waterfront access; and
WHEREAS, the Services shall be In furtherance of: these goais and principles of the CRA
plan; and
WHEREAS, the City and the BBCFRA find that this Agreement serves a municipal and
public purpose, and is consistent with and in furtherance of the Corrununity Redevelopment Plan
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties agree as follows:
1. Recitations. The recitations set forth above are hereby incorporated herein.
li 1 1 P I M I I!! I! I I R I I! Bill F Ili I! I I V I I "III! I I! Ili Ili 1111111 1111; ii
a definition in this Agreement and a definition in the Circuit Agreement, the terms in this
MITI! Will Will I Ii iiiiiiI11!111111 I I III 1 0
i
M-3
within 15 days of the receiving an invoice from Circuit.
iii!llllllll!1!1! I'M! KIM Ili
176
•
r
•
�i Ill IIIIIIIIII II�!11 M -17.111111M "-#=-
collected from Zone 2 trips and the number of Zone 2 trips.
��I III WIN IMP Will F I TEMPI I
I N #MA
I I I I III I I 1111 1111 111 1111 1
A. For ordinary services, the costs of the Services in Zone 2 shall be
calculated by multiplying the total invoice amount by the percentage of
rides starting or ending within Zone 2, then subtracting from that
resulting number fifty percent of the Net Fare Revenue generated from
rides starting or ending within Zone 2. For clarity, the calculation above
may also be represented as follows:
[(total invoice amount) x (percentage of rides starting or ending within Zone 2)] — [.5 x ilet
Fare Revenue generated from rides starting or ending within Zone 2] = Amount of City
Payment Due.
M114
1 1 1 11 1 111! ��
M312111230 1:111111
EM
M =-
iiiiiiiiiiI I•
TIMII I H ! III liq III 1 11 111 X
�11!q;II11glog � J��
•MZ=
I�MIIWIMIIMIM iffiffilliffifflifflEEM E M M 3 U -M-1 SO
4859-3315-2162, v, 1
177
shall have 10 days to submit the complete written request; otherwise such written
request shall be ineligible for payment,
c. Promotions. In the event the City requests a pricing discount ("Sales Promotion") on
certain Services, the City shall make payment to the BBCRA for difference in revenue to
the BBCRA as a result of the Sales Promotion,
4 Coordination. The parties agree to the following concerning coordination related to this
Agreement,
a, Between the City and BBCRA. Coordination between the City and BBCRA shall occur
as followsn
i. The City shall designate a single point of contact ("City Project Manager") for
coordination with the BBCRA concerning this Agreement. The City may modify the
person acting as the City Project Manager upon written notice to the BBCRA. At
present, the City designates Gail Mootz, who can be reached at moot zg@bbfl,us and
561-742-6223, The BBCRA shall copy Jonele Luma at LumaJ@bbfl.us on
all correspondence concerning invoices and Payments due,
ii. The BBCRA shall designate a single point of contact ("BBCRA Project Manager") for
coordination with the City concerning this Agreement, The BBCRA may modify the
person acting as the BBCRA Project Manager upon written notice to the City. At
present, the BBCRA designates Timothy Tack, who can be reached at tackt@bbfl.us
and (561)600-9091, with a copy of all emails to be directed to Bonnie Nicklien at
nicklienb@bbfl.us.
b. With Circuit. The parties agree the BBCRA shall be the sole point of contact with Circuit.
In the event the City desires to request Special Event Services, the City Project Manager
S.1- ZY"VANT imJ44-4
the BBCRA and Circuit of the time, date, total vehicle hours, vehicle types, and any other
information necessary to analyze such request, Any request is for Special Event Services
4859-3315-2162, v. I
178
must be made at least 30 days prior to the date of the applicable special event. If the City
desires to coordinate with Circuit on any other matter, the City shall submit a written
request to the BBCRA Project Manager containing sufficient information to analyze such
request for consistency with the Circuit Agreement. So long as a written request from the
City is consistent with the terms of the Circuit Agreement, the BBCRA shall coordinate
with Circuit concerning the request within 5 business days of receiving such request and
shall endeavor to arrange a meeting between the, City, BBCRA, and Circuit. The City shall
supply additional information as requested by the BBCRA as may be necessary, in the
opinion of the BBCRA, to analyze the City's request and coordinate with Circuit concerning
the same,
5. Parking Spaces. The parties agree that Circuit may use the Parking Spaces (defined below)
for storing and charging the vehicles that provide the Services.
a. Location. The City agrees to designate the parking spaces identified in Exhibit C (the
"Parking Spaces") for the sole use of Circuit. The location of the Parking Spaces may be
moved from time to time upon the written consent of the BBCRA Project Manager and the
City Project Manager, However, in the event the City requests the Parking Spaces be
moved, the City and BBCRA share evenly share the costs of moving any charging
infrastructure and signage. The parties agree to make best efforts to avoid relocating the
Parking Spaces during the term of the Agreement.
b, Signage, Charging Infrastructure, Electricity. The City consents to the placement of
signage and electric charging infrastructure at the Parking Spaces, which shall be installed
at no cost to the City. The City confirms that sufficient power can be supplied to the Parking
Spaces to charge four Circuit vehicles simultaneously. The City shall invoice the CRA for
the electricity used by the Parking Spaces. The BBCRA Project Manager and City Project
Manager may agree to incorporate the electricity invoice into the payment described in
Paragraph 3 of this Agreement.
4859-3315-2162, v. 1
179
c. Enforcement. The City agrees to assist in enforcement of parking restrictions to ensure
the Parking Spaces are used exclusively by Circuit vehicles, as may be required from time
to time.
6. Relationship to the Circuit Agreement. The parties agree that the City shall only be
responsible for providing payment to the BBCRA and that BBCRA shall be responsible for
administering the Circuit Agreement. The parties agree that the BBCRA has sole and absolute
discretion concerning the Circuit Agreement, and nothing in this Agreement confers the rights
or obligations of the BBCRA within the Circuit Agreement to the City. Nonetheless, the CRA
will endeavor to coordinate with the City concerning the termination of the Circuit Agreement
and the amount and timing of Services prior to terminating the Service Agreement or
implementing Service changes. The BBCRA will not terminate services to Zone 2 without the
prior written consent of the City,
7Marketing and Promotion. Marketing and promotional efforts concerning the Services shall
occur as follows:
a. Inclusion of City Logo. The BBCRA shall include the City's logo on marketing and
advertising pursuant to the Circuit Agreement ("Promotional Materials") at no cost to the
City. The City shall provide its preferred logo to the BBC RA for use in Promotional
Materials. The BBCRA Project Manager shall provide any draft Promotional Materials with
the City logo to the City Project Manager no less than five business days prior to the use
of such Promotional Materials for approval; provided however that if the BBCRA Project
Manager does not receive a response within five business days such Promotional
Materials shall be deemed approved by the City.
b. Promotional Efforts by the City. The City shall promote the Services using Promotional
Materials provided by the BBCRA in the manner described in Exhibit D.
8. Notice and Contact. All notices and requests concerning this Agreement shall be delivered
via email to the City Project Manager or the BBCRA Project Manager, as applicable, which
180
email delivery shall be deemed "written" or "in writing" for purposes of this, Agreement, Notices
concerning default or termination, or requests for modifications to this Agreement shall also
be delivered by email and by writing sent by one of (1) United States mail, return receipt
requested, (2) courier, evidenced by a delivery receipt, or (3) by overnight express delivery
service, evidenced by a delivery receipt, which notice or request shall be addressed to the
person designated by each party for receipt of legal notice. At present, the parties designate
the following for receipt of legal notice:
If to the BBCRA: Kathryn Rossmell
Lewis, Longman & Walker, PA
360 S. Rosemary Avenue
Suite 1100
West Palm Beach, FL 33401
If to the City: Shawna Lamb
City of Boynton Beach
100 E. Ocean Avenue
Boynton Beach, FL 33435
9. Term. This Agreement shall become valid and commence upon execution by the last party
to this Agreement ("Effective Date"). This Agreement shall be in effect from the Effective Date
and unless earlier terminated pursuant to the terms of this Agreement, shall automatically
terminate upon the termination of the Circuit Agreement, or 1 year from the Effective Date of
this Agreement, whichever is earlier.
10. Public Records. The City and the CRA each shall maintain their own records and documents
associated with this Agreement in accordance with the requirements set forth in Chapter 119,
Florida Statutes. All such records shall be adequate to justify all charges, expenses, and
costs incurred in accordance with generally accepted accounting principles. Each party shall
have access to the other party's books, records and documents as required in this Agreement
for the purpose of inspection or audit during normal business hours during the term of this
Agreement and at least one year after the termination of the Agreement.
181
11, Filing, The City shall file this Agreement pursuant to the requirements of Section 163.01 (11
of the Florida Statutes
12. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights,
privileges, and sovereign immunities of the BBC RA or the City as set forth in Section 768.28,
Florida Statutes,
13, Default. If either party defaults by failing to perform or observe any of the material terms and
conditions of this Agreement for a period of 10 calendar days after receipt of written notice of
such default from the other party, the party giving notice of default may terminate this
Agreement through written notice to the other party. Failure of any party to exercise its right
in the event of any default by the other party shall not constitute a waiver of such rights, No
party shall be deemed to have waived any rights related to the other party's failure to perform
unless such waiver is in writing and executed by both parties. Such waiver shall be limited to
the terms specifically contained therein. This section shall be without prejudice to the rights of
any party to seek a legal remedy for any breach of the other party as may be available to it in
law or equity. Notwithstanding the foregoing, in the event of a default by the either party, the
exclusive remedy for such default shall be monetary, limited to actual damages incurred, and
shall not exceed the amount actually paid to Circuit pursuant to the Circuit Agreement,
14 Entire Agreement., This Agreement represents the entire and sole agreement and
understanding between the parties concerning the subject matter expressed herein. No terms
herein may be altered, except in writing and then only if signed by all the parties hereto. All
prior and contemporaneous agreements, understandings, communications, conditions or
representations, of any kind or nature, oral or written, concerning the subject matter expressed
herein, are merged into this Agreement and the terms of this Agreement supersede all such
other agreements. No extraneous information may be used to alter the terms of this
Agreement.
15, Severability. The validity of any portion, article, paragraph, provision, clause, or any portion
E
182
thereof of this Agreement shali have no force and effect upon the validity of any other part of
portion hereof. To that end, this Agreement is declared severable.
16. No Third Party Beneficiaries. No provision of this Agreement is intended to, or shall be
construed to, create any third party beneficiary or to provide any rights to any person or entity
not a party to this Agreement, including but not limited to any citizen or employees of the City
or the BBCRA.
17, No Assignment. The Parties may not transfer or assign this Agreement in whole or in part,
without prior written consent of the other, which may be granted or withheld at the other party's
absolute discretion.
18, Governing Law; Venue. This Agreement shall be governed by and in accordance with the
Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach
County, Florida.
19. Survival. The provisions of this Agreement regarding termination and records shall survive
the expiration or termination of this Agreement and remain in full force and effect.
20. Time is of the Essence. The parties acknowledge that time is of the essence in the
performance of the provisions in this Agreement.
21 . Counterparts and Transmission. To facilitate execution, this Agreement may be executed
in as many counterparts as may be convenient or required, each of which shall be deemed
an original, but all of which together shall constitute one and the same instrument. The
executed signature page(s) from each original may be joined together and attached to one
such original and it shall constitute one and the same instrument. In addition, said counterparts
may be transmitted electronically (i.e., via facsimile or.pdf format document sent via electronic
mail), which transmitted docurnent shall be deemed an original document for all purposes
hereunder.
22, Interpretation; Independent Advice, This Agreement shall not be construed more strictly
against one party than against the other merely by virtue of the fact that it may have been
4859-3315-2162, v, I
183
prepared by counsel for one of the parties, The parties declare that the terms of this
Agreement have been read and are fully understood. The parties understand that this is a
binding legal document, and each party is advised to seek independent legal advice in
connection with the matters referenced herein.
(Oz" -V le v,
IN WITNESS WHEREOF, the parties hereto have caused thisTefminatian� Agreement to
111'snililliprinsill iiiiiiiiiiiiii•�i•-•
Agency
ATTEST: a By:
Prir
Titl(
M
By:
CRA Aftorne
City of Boynton Beach, Flo
ATTESBy:
i-(Nl E
..0
.1-itl VAII 1 41
04
Chat
APPROV�FICIENCY: AS TO FORM
LEGAL
Q'it Attorney
4859,3315.-2162, v. I
184
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
AGREEMENT FOR ON -DEMAND TRANSPORTATION SERVICES
This Agreement for On -Demand transportation Services (hereinafter "Agreement*) is
made by and between CIRCUIT TRANSIT INC.,
, ("Contractor") a Florida corporation
organized and existing under the laws of the State offlorida having its principal office at 501 East
Las Olas, Suite 300 .. Fort, Lauderdale, Ft. 33301, including its Affiliates (collectively, the
"Contractor" or "Company") and BOYNTON REACH COMMUNITY
REDEVELOPMENT AGENCY (the "Client" or "CRA") a community redevelopment agency
organized and existing under the laws of the State cal" lorida having its principal office 100 E
Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, (hereinafter the "CRA") (collectively
the "Parties").
WHEREAS, the CRA is in need of'on-demand transportation ("Services"); and
WHEREAS, Circuit entered into an agreement with the City of HollyWood in response to
Request to Proposal No. RFII-045-23-SK, effective July 1, 2023 to provide ran -demand
transportation services for a terin of'orae (1) year, with the option to renew for three (3) one-year
periods; and
WHEREAS, the CRA desires to obtain the Services from Circuit on same the terms.
conditions., and pricing provided under Rf,P-045-23-SK, subject to the terms and conditions of this
Agreement and the City of Boynton Beach Procurement Policy; and
WHEREAS, Circuit agrees to extend the terms, conditions, and pricing provided under
RI"1-1-045-23-SK to the CRA, subject to the terms and conditions ofthis Agreement; and
WHEREAS, the Services are 7required [or a proper municipal purpose and is it) the interest
of the public; and
WHEREAS, the Services will further the Community Redevelopment Plan.
NOW THEREFORE, in consideration of the mutual covenants and promises set forth
herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows:
1) Incorporation, 'J"he recitals above and all other information above are hereby incorporated
herein as if fully set forth,
2) Description of the Services, Contractor will perform its obligations as described in Exhibit
A: Scope of" Services, which is hereby incorporated as if fully set forth herein.
3) Term. The Contractor shall perform the Services for six (6) months ("Initial Term"), with
option to renew for 6 months ("Renewal Term"). Services shall start within thirty (30) days
of the effective date of this Agreement or upon the CRA's execution ofan interlocal agreement
with the City of' Boynton Beach for services, whichever is later. A copy of the executed
Page 1 of 10
4875-9566-4284, v. 2
185
interlocal agreement shall be provided to Circuit. The service start date may be extended by
mutual agreement of the Partics,
4) Compensation. The CRA shall pay the Contractor an amount not to exceed Four Hundred
Thousand dollars ($400,000,00) (hereinaller, "Compensation") for the perf'ormance of the
Services for the Initial T'errn and Renewal Term of this agreement, which sum shall be paid in
accordance with the Pricing Schedule attached as Exhibit f3. he Compensation is all inclusive
for the services provided and shall include the cost of the vehicles, vehicle wraps, including
the art work installation and removal of the wraps,. W-2 Drivers, management lees, driver
training, insurance, vehicle maintenance, cell phones, hosting services for the mobile
application and related usage fees,. web fees, and basic marketing materials. Contractor shall
be responsible for all costs related to the operation and maintaining the vehicles, including cost
of installation of the vehicle charging eqUipment and the costs for electrical service required
.for vehicle charging. Notwithstanding the above, in the event that the CR.A does not renew this
Agreement after the Initial Term, the CRA shall reirnburse Contractor the costs associated with
modifying the existing electrical service to accommodate new charging equipment, upon
receipt of proper invoice The CRA shall not be responsible for the payment of any additional
fees not otherwise stated herein, unless the parties enter into a written amendment to this
Agreement which is approved by both parties.
5) Method of Payment of Compensation. Circuit shall submit a monthly detailed invoice to the
CRA. Project Manager shall determine the format of the invoice and the information that 1-flust
be provided. payment of Compensation (or any part thereof) shall be made within 45 days of'
receipt of a proper invoice, in accordance with the Local Government Prompt Payment Act,
Section 218.70, et al., florid Statutes, Any amounts not timely paid by CRA shall bear
interest frorn 30 days after the due date at the rate of" I percent per month on the unpaid balance.
All Payments shall be, in the form of a CRA check made payable to the Contractor, or as
indicated above, No Payment made under this Agreement shall be conclusive evidence of the
perforniance of this Agreement by the Contractor, either wholly or in part, and no Payment
shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty
or incomplete rendition of the Services.
6) Propriety. Contractor understands that at all times during its performance of Services,
Contractor, Contractor's employees and subcontractors shall conduct itself at all times with
due regard to public conventions and morals, and shall refrain from making statements or
presenting material that, contains vulgar, obscene, profane, or otherwise objectionable language
that, as determined in the sole discretion of the CRA, material and substantially interferes with
the functions and reasonable business operations of the CRA.
7) Termination for Convenience. The CRA reserves the right to terminate this Agreement for
any reason and without cause with sixty (60) days written notice during the Renewal Term
only. In the event of termination, Contractor shall be entitled to payment for services rendered
through the date of termination.
8) Termination for Cause; Default, The CRA reserves the right to terminate this Agreement,
in part or in whole, in the event the Contractor fails to perform in accordance with the term,
and conditions stated herein by providing written notice of such failure or default and by
Page 2 of" 1(I
4875-9566-4284, v. 2
186
specifying a reasonable time period within which the Contractor must cure any such failure to
perfortil, or default. If the Contractor fails to cure the default within the time specified, tile CRA
may then terminate the Agreement by providing written notice to the Contractor.
Notwithstanding anything to the contrary in this Agreement, if the (IRA determinates that
ter nination is necessary to protect public health,, sat'ety or welfare, the CRA may tenninate the
Agreement UpOrl providing such written notice that the CRA deems appropriate under the
circumstances, including immediate termination. In tile event of immediate termination, tile
Contractor shall be entitled to payment for seven (7) days of services plus payment for services
rendered under this Agreement through tile date ofthe notice of immediate termination.
9) Termination for Bankruptcy. The CRA shall have the right to terminate this Agreement by
providing written notice to tile. Contractor in the event: i) Contractor enters into receivership
or is subicct of a voluntary or involuntary bankruptcy proceeding; or ii) a substantial part of
the Contractor's property becomes subJect for nay levy, seizure, assignment, or sale for or by
any creditor or government agency,
10) Waiver. The CIO- shall not be responsible for any property or other damages or personal
injury sustained by the Contractor from arry cause whatsoever related to the Services whether
such damage or injury occurs before, during, or after, the actual performance of the Services,
"I" he Contractor hereby forever waives, discharges, and releases the CRA, its agents, and its
employees, to the Fullest extent the law allows, from any liability fur any damage or injury
sustained by the Contractor,
f ) Indemnification. 'Fhe Contractor shall indemnify, save, and hold harmless the CR.A., its
agents, and its employees front any liability, claim, demand., suit, loss, cost, expense or
damage which niay be asserted, claimed, or recovered against or from the CRA, its agents,
or its employees, by reason of any property or other damages or personal h1jury, including
death, sustained by any person whomsoever, which damage is incidental to.. Occurs as a result
of, arises out. of, or is otherwise related to tile negligent or wrongful conduct or tile faulty
equipment of the Contractor or tile performance of' this Agreement by Contractor or
Contractor's employees, agents, partners, principals, or subcontractors. This paragraph shall
not be construed to require Contractor tca indemnify the CRA for negligence or intentional
acts of the CRA, its agents or employees, Each party assumes the risk of personal injury and
property damage attributable to the acts or ornissions of that party and its officers, employees
and agents.
12) Limitation of liability. To the extent permitted by law, the CRA's liability for all matters
that occur as a result of, arise out of', or are otherwise related to this Agreement, including
negligent, grossly negligent, or willful misconduct or omission, shall be limited to the amount
of Compensation, less amounts that have already been paid, or the direct out-of-pocket
damages actually incurred, whichever is less. Neither Party shall not be liable to the other
party for special, indirect, incidental or consequential damages. Each Party hereby disclaims
such damages to the full extent such may be disclaimed, except in the case of fraud, gross
negligence or willful JniSCO1ldLlCt Ofthe responsible Party. Nothing in this Agreement shall
be deemed to affect the rights, privileges, and sovereign immunities of the including
these set forth in Section 768.28, Florida Statutes.
Page 3 of' 10
4875-9566-4284, %r. 2
187
13) No Transfer. The Contractor shall not subcontract, assign, or otherwise transfer this
Agrecifient to any individual, group, agency, government, non-profit or profit coiT)oration,
or other entity without prior, written permission from the CRA.
14) Insurance. "Che Contractor shall obtain all insurance required by the CRA and provide proof'
thereof:' at least 10 days prior to the staff of' the Services, and include for the following
insurance amounts:
Commercial General Liability: $1,(. 00,000 per occurrence/$2 million in the
aggregate for bodily inJury, personal injury
and property damage
Automobile Liability: $1,000,000 combined single limit for bodily
injury and property damage, including hired
owned and non -owned auto coverages
Workers Compensation In file amounts required under Florida Statutes
Cyber Liability: $1 000,000 coverage
Urnbrella/Excess Liability insurance $5,000,000 coverage
The Insurance must remain in force for so long as is necessary to cover any occurrence
relating to, resulting from, or arising out of the Services or this Agreernent. Contractor shall
not commence services under the terms of this agreement until a Certification of Insurance
("COl") has been received by the CRA. The CRA is to be included as "Additional Insured"
with respect to liability arising out of'services performed by the Contractor by or on behalf
of the CRA or acts or ornissions of the Contractor in connection with providing Services
pursuant, to this Agreement, The Certificate must include the following as additional insured
parties:
Boynton Beach Community Redevelopment Agency
100 E Ocean Avenue, 41h Floor
Boynton Beach, Florida 33435
The City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
15) Tax Forms. 'rhe Contractor's individual members, including the Contractor's agents and
employees, shall provide file (-.'I ,A with completed W-9 forms in order receive Payment, The
CRA shall provide the Contractor with an IRS Fonri 1099 where required under law. The
Contractor further acknowledges that the CRA is neither paying Social Security benefits nor
withholding taxes from the Contractor's compensation for file Services, Tile Contractor
4875-9566-4284, v. 2
188
assumes all liability and responsibility for payment of the Contractor's (and the Conti -actor's
individual arembers) own FICA and Social Security benefits and all taxes resulting from this
Agreement,
16) Funding. This Agreement is expressly conditioned upon the availability of funds lawfully
appropriated and available for the purposes, set out herein as determined in the sole discretion
of the CRA. In tire event, funds to finance this Agreement become unavailable, the CRA may
terminate this Agreement upon no less than twenty -lour (24) hours' notice to Contractor. Die
CRA shall be the sole and final authority as to the availability of funds. The CRA shall pay
Contractor for goods received or services rendered prior to the date of termination.
17) No Disci-imination. The Contractor shall not discriminate against any person on the basis
of race, color, religion, ancestry, national origin, age, sex, marital status, familial status,
gender identity, gender expression, sexual orientation or disability for any reason in its hiring
or contracting practices associated with this Agreement.
18) Independent Contractor; No Partnership, Etc. The Contractor agrees nothing contained
in this Agreement shall be deemed or construed as creating a partnership, joint venture, or
employee relationship. It is specifically understood that the Contractor is an independent
contractor(s) and that no ernployer/ernployee or principal/agent is or shall be created nor
shall exist by reason of this Agreement or the performance of Services; and that Contractor
is an independent contractor and not an employee of the CRA for all purposes including but
not limited to, the application of the Fair Labor Standards Act inininiurn wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's
Compensation Act, and the State Unemployment Insurance Law,. The Contractor will
exercise its own ~judgment in matters of safety for itself, those affected by the Services, and
attendees of the Event.
19) Promotional Materials. The Contractor agrees that the CRA may photograph and/or record
video and audio of the Services, and that, such photographs and recordings may be (i) used
for the purposes of promotion of` the: CRA, or undertakings by the CRA; (ii) transmitted live
or by recording oil local television and radio channels; and (iii) used in materials intended
f'or public display or distribution to the public, including but not limited to print
advertisements, billboards, street and lightt pole banners, websites affiliated with the CRA,
and social media affiliated with the CRA. The Contractor waives and assigns to the CRA all
copyrights under the Copyright Act of 1976, 17 U .S.0 101, et seq., and all other rights in
recorded, photographed, or transmitted versions of the Services. The CRA shall attribute the
Services to the Contractor,
20) No Infringement, The Contractor represents that in perfOrIning, the Services under this
Agreement, the Contractor will not infringe, on the property right, copyright, patent right or
any other right of anyone else; and if any suit is brought or a claim made by anyone that
anything in conjunction with the ownership or the presentation of said Cbritractor or
appearance as part of the Services is an infringement on the property right, copyright, patent
right, or other rights, the Contractor will indetnnify the CRA against any and all loss,
4875-9566-4284, v, 2
189
damages, costs, attorney fees or other loss whatsoever. The Contractor shall riot use the
CRA's logos., or marks without the CRA's prior written approval.
21) Entire Agreement. This Agreement represent,,, the entire and sole agreement and
understanding between the Parties concerning the subject matter expressed herein. No terms
herein may be altered, except in writing and then only if signed by all the parties hereto. All
prior and contemporaneous agreements, understandings, communications, conditions or
representations, of any kind or nature. oral or written, concerning the subject matter
expressed herein, are merged into this Agreement and the terms of this Agreement supersede
all such other agreements. No extraneous information may be used to alter the terms of this
Agreement.
22) Counterparts and Transmission. To facilitate execution, this Agreement may be executed
in as many counterparts as may be convenient or required, each ot'which shall be deemed an
original, but all ol'which together shall constitute one and the sat -tie instrument. The executed
signature page(s) from each original may be Jc,,)ined together and attached to One Such original
and it shall constitute one and the same instrument. In addition, said counterparts may be
transmitted electronically (i.e., via facsiruile or pdf' flocratdocurnent sent via electronic
mail), which transmitted document shall be deemed an original document for all purposes
hereunder.
23) Agreement Deemed to he Drafted Jointly. This Agreement shall be deemed to be drafted
jointly and shall not be construed more or less fiavorably towards any of the parties by virtue
of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found
to exist shall be resolved by construing the terms ofthis Agreement fairly and reasonably in
accordance with the purpose of this Agreernent,
24) Governing Law, Jurisdiction, and Ven tie. The terms and provisions of this Agreement
shall be governed by, and construed and enforced in accordance with, the laws of the State
of Florida and the United States of America, without regard to conflict of law principles.
Venue and Jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the
parties expressly agree and submit. BY ENTERING INTO THIS CONTRACT,
CONTRACTOR AND CRA HE'REBY EXPRESSL,Y WAIVF:?ANY RIGHTS F"ITHER
PARTY MAY HAVE TO A "TRIAL BY JURY OF ANY CIVII., LITIGA'FION RJ-.,,I.,A'I,'ED
TO TI -11S CONTRACT. CONTRACTOR SHALL NOT BRING ANY COUR`F ACTION
AGAINSTCRA EITHER IN EQUITY OR IN LAW, AND CONTRACTOR EXPRESSI..,Y
WAIVES ITS RIGTHT TO INSTITUTE LITIGATION AGAINST CRA FOR ANY
MATTER ARISING UNDER THETER,MS OF THIS C( N'FRACT', UNTIL, AFTER THE
PROJECTHAS BEEN COMPLETED AND ACCEPTED BY CRA,
25) Severability. It any part of' this Agreement shall be declared unlawful or invalid, the
remainder of the Agreement will continue to be binding upon the parties. To that end, this
Agreement is declared severable.
26) Force Majeure. Neither party shall be deemed to be in breach of this Agreement if either
party is prevented from performing any obligations required of it by reason of boycotts,
shortages of materials, labor disputes, embargoes, acts of (Jod, epidemic, pandemic, acts of
4875-9566-4284, v. 2
190
public enemy, acts Of'superior governmental authority, floods, riots, foreign or civil wars,
rebellion, terrorism, sabotage by third pat -ties, or arty other similar circumstances for which
it is riot reasonably responsible and which are riot within its control. Each party take all
reasonable steps to prevent, reduce, mitigate, and remedy the effects of the Force Majeure
event as soon as possible if' within its control. The CRA shall riot be obligated to pay
Contractor Compensation under this Agreement to the extent that a Force Moijeure prevents
or delays Contract from performing Services.
27) Voluntary Waiver of Provisions. The failure of either Party to enforce any of its rights
hereunder or at law will not be deemed a waiver or a continuing waiver or any of its rights
or remedies against the other Party, unless such failure or waiver is expressly set forth and
acknowledged in writing. The CRA may, it) its sole and absolute discretion, waive any
requirement of the Contractor contained in this Agreerrient. The Contractor may waive any
requirements of the CRA contained in this Agreement.
28) ("ontractor-owned records. 1"'Xcept as provided in ("hapter 119, TMridt,7S'talutes, all records
created and compiled by Contractor in completing the Services are owned by Contractor and
include, but are not limited to, written reports, Studies, drawings, blueprints, photographs,
negatives of photographs, computer printouts, graphs, charts, plans, contract documents,
specifications, all ridership data, information generated on the Contractor's proprietary
mobile applications and all other similarly recorded data.
29) Public Records. The CRA is a public agency subject to Chapter 119, Florida Statutes. 'The
Contractor shall comply with Florida's Public Records Law, Specifically, the Contractor
shall:
Keep and maintain public records required by the CRA to perform the Services
described in this Agreernent,
b. Upon request front the CRA's custodian of public records, provide the CRA 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 confidential and exempt from public
record requirernents are not disclosed except as authorized by law for the duration
of the Agreement term and following completion of the Agreement it' the
Contractor does riot transfer the records to the CRA.
Upon completion of' the Agreement, transfer, at no cost, to the CRA all public
records in possession of the Contractor or keep and maintain public records
required by the CRA to per the service. Iffhe Contractor transfers all public
records to the CRA upon completion of the Agreement, 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 Agreement, the Contractor shall meet all applicable
requireftlentS for retaining public records. All records stored electronically must be
Page 7 ofl 0
4875-9566-4284, v, 2
191
provided to the CRA, upon request from the CRA's Custodian of'public records, in
a format that is compatible with the information technology systerns of the CRA.
flie Contractor also understands that CRA may disclose any document in connection with
perfon,nance of the Services or this Agreement, so long as the docurnent is not exerript or
confidential and exempt fironi public records reqUirenients,
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 11.9, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT (561) 737-3256; 100 E. Ocean Ave., 41' Floor, Boynton Beach,
FI, 33435; or "I
,30) Agent. If this Agreement is signed by the Contractor's agent, the agent warrants that he/she
is duly authorized to act on behalfof the Contractor, that lie/she is authorized to enter into
this Agreement, and that the agent and. Contractor are jointly and severally liable for any
breach of this Agreement:,
31) Notice and Contact. The parties shall use the contact infion-nation below for coordinating
delivery of the Set ices, Whenever either Party desires to give notice to the other, such notice
MLISt be in writing and sent by United States mail, return receipt requested, courier, evidenced
by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt,
addressed to the Party for whom it is intended at the place last specified; and the place for
giving of notice shall remain until it shall have been changed by written notice in compliance
with the provisions of this paragraph. For the present, the Parties designate the following as
the respective places for giving of notice:
Contact Person for the Contractor Circuit Transit Inc,
Jason Mirras
501 East Las 0]as
Suite 300
Fort Lauderdale, Fl. 33301
Circuit 'transit Inc.
P.O. Box 2173
Arriagansett, NY 11930
Attention : James Mirras
Contact person for the CRA (hereinafter "Program Coordinator") -
Name: finiothy Tack
Address: 100 F. Ocean Avenue, 4th, I-'Iooi-,
Boynton Beach, R, 33435
Page 8 (410
4875-9566-4284, v, 2
192
snail Address: Tack'T(cObbffus.
Telephone Number: (561) 600-9091
With a copy to:
Kathryn Rossmell, Esq.
Lewis, Longman, & Walker P.A.
360 S. Rosemary Avenue, Suite I 100
West Patin Beach, Fl, 33401
32) Attorneys' Fees and Costs. Should it be necessary to bring an action to enforce any of the
provisions of" chis Agreement, each party shall be responsible for its own attorneys' fees and
COSM
33) Compliance with Laws. In the performance of the Services under this Agreement, the
Contractor shall comply in all material respects with all applicable federal and state laws and
regulations and all applicable Patin Beach County, City of Boynton Beach, and CRA
ordinances and regulations, including applicable ethics and procurement requirements.
34) Effective Date and Termination. '11is Agreement will become effective at the date and
time that the last party signs this Agreement ("Effective Date"). Unless earlier terminated
pursuant to this Agreement, this Agreement will autornatically terminate after the
performance of the Services and final Payment by the CRA. Nothing in this paragraph shall
be construed so as to affect the C' 's right to cancel or postpone the Services pursuant to
this Agreement.
35) Modification. This Agreement will not be modified or amended except by the express
written agreement of the Parties, signed by a duly authorized representative for each Party.
Any other attempt to modify or amend this Agreement will be null and void and may not be
relied upon by either Party.
36) Survival. The provisions ofthis Agreernent regarding promotional rights, infringement,
indemnity, waiver, limitation of liability, insurance, agents, and cancellation shall survive
the expiration or termination of this Agreement and remain in fill] force and effect.
37) Electronic Signatures. The parties agree that the electronic signature of a party to this
Agreement shall be as valid as an original signature of such party and shall be effective to
bind such party to this Agreement.
38) Non -Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized
Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes,
and is not engaged in a boycott of Israel. If the CRA determines that this certification is
falsified or contains false statements, or that Contractor is placed Scrutinized Companies that
Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement, the
CRA may terminate, the Agreement.
39) Agreement Non -Exclusive. Contractor shall be free to contract for similar services to be
performed for other entities or persons while under contract with the CRA. The provision of
Page 9 of 10
4875-9506-4284, v. 2
193
services provided for herein is non-exclusive, The CRA in its sole and absolute discretion
may retain additional entities or persons to perfbrm the same or similar work.
41) Conffict of Intemst. Circuit represents that it has no interest and will not acquire any
interest, direct or indirect, that would conflict with the performance of the services to be
rendered under this Agreement,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year written below.
x.
By:
An epresentative r Contractor
Print Name:
Witness:
Witness Name: �' �0"EA
By: 4,
Authorized prb7sentative for CRA
Print Name:/ " 7-'
Witness:
Witness Name,
4875-95664284, v. 2
Date:
Date:
Date:
/ 7;�-
Date:,,
194
EXI 11BITA: SCOPE OF WORK
Section 1: Summary of Services
Circuit shall develop, implement and manage a Micro -Transit "On Demand" service (the "Service") within
a geo-fenced coverage area described in Exhibit A- I . The Service will have the ability to be on demand
and may include supplementary service for special events as specified in this Scope of Work, The Service
will serve visitors, residents, and workers by providing a convenient, efflicient mobility option to circulate
primarily throughout the Boynton Beach CRA boundaries and provide transportation to Ocean Front Beach
Park. The Service to the Beach shall be subject to CRA's execution of an interlocal agreement with the City
of Boynton Beach for the provision of services to Ocean Front Beach Park.
The Service shall:
A. Operate a 6-inonth on -demand pilot test in two zones (Zone I and Zone, 2) covering approximately
1 .6 square miles of coverage area as illustrated in Exhibit C ("Service Area"). Zone I is located
within the boundaries of` the CRA. Zone 2 provides service to Ocean Front Beach Park, which is
located outside the boundaries of the CRA.
13. Supplement any part of the service with a fixed route for special events and if deemed necessary
through data and public needs.
C. Demonstrate the ability to scale up and down the fleet of` vehicles and deploy them to various
locations based on monthly, weekly. daily, and hourly fluctuations in demand in order to achieve a
desired level of service.
11 Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations,
E. Provide a safe, and pleasing passenger experience with capable, qualified and courteous drivers.
F, Feature a mobile application downloadable from both the Apple Store and Google ["lay Store which
will have the ability to charge as fee for service via a secured credit earl payment system.
GProvide a dedicated phone line so that users can call and request assistance.
11. Service will be operational within 30 days of the effective (late of this Agreement or upon the
CRA's execution of air interlocal agreement with the City of Boynton Beach Im services,
whichever is later, The date of'operation may be extended by Mutual agreement of the parties if
necessary to accommodate installation of infrastruct Lire as required by Section 4 this agreement.
L Service shall be periodically adjusted based upon needs identified during the term ofthe Agreement
and the availability of funds.
Section 2: Mobile Application
Circuit shall provide a mobile application which provides for the following;
A. Allows riders to request pick tip and drop off locations within the Service Area,
B. Allows the user to cortnect from Zone I and Zone 2,
C. At no cost to the CRA, Circuit shall maintain updates to the application, whiclishall be compatible
with smart phones and other mobile devices,
DProvides for the ability to charge a fee per rider and issue discounts via pron-io-aides.
E" provides users with approximate time until pick tip,
F. Allows users to rate drivers and provide feedback.
U Features a Google Maps based map (or equivalent) that identifies the boundaries of the Service
Area,
11 After a ride request has been accepted by as driver, depicts the real time location of vehicles on a
snap of the Service Area,
1, Ability to track party and usage data.
0353NETWI�
195
Section 3: Marketing and Branding
A. In coordination with the CRA, Circuit shall develop and implement a branding strategy, which shall
incorporate the logo and narne of the CRA and the City ofBoynton Beach. Circuit shall not
implement any branding strategy without prior written approval from the CRA. Any changes to the
branding strategy must be approved in writing by the CRA prior to implementation,
13. Circuit shall develop and implement a marketing program to promote awareness of the prograrn.
The CR A shall have the right to request changes to the marketing program.
CThe CRA retains tire right to review marketing materials prior to use and to request changes or
withdrawal ofany marketing materials.
Section 4: Vehicles and Infrastructure
Circuit shall procure, license, operate and maintain vehicles and related infrastructure including charging
stations used in the service in accordance with applicable laws and regulations with the following
requirements.
A , Fleet Siz*, Unless the parties agree otherwise, Circuit will acquire, and operate at its own expense
rio fewer than two (2) GEM vehicles (inclusive of one (I) ADA accessible GEM vehicle) anti two
(2) EV Sedans as part of this Service. The parties agree that the hourly rate for the EV Sedans will
be the sarne as the OEM vehicles for the Initial Term and Renewa I Terni of the Agreern ent. Circuit
shall maintain and operate vehicles to satisfy the minutruin levels of service and ADA accessibility
requirements,
B. Specifications. All vehicles will:
I, Comply with all applicable laws and regulations,
ii. Be fully electric.
iii. Meet all safety standards established by applicable law or regulation.
iv. Feature luggage carrying capacity.
C, Branding. The branding strategy will be applied to all vehicles as follows:
i. At 0 times during operation of any vehicles pursuant to this Agreement, Circuit may apply,
but is not limited to, branding to all wheels, hoods, front panels, coping, roof and rear
fenders, unless otherwise prohibited by the CRA.
ii. Circuit shall develop a default vehicle wrap to be Used \,\,rhen no paying advertiser has been
identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved
by the CRA.
iii. Exterior and interior advertising will not inteilere with the placement or visibility of any
branding required by this Agreement, unless otherwise approved by the CRA,
D. Licensing. Circuit shall obtain and maintain proper licensing and registration of all vehicles at all
times.
E. Parking and charging stations. The CR.A shall provide four (4) parking spaces that will be
reserved exclusively ft)r Circuit's use, which Circuit may Use for charging, parking, and storing
the vehicles during times of non -operation. The location of' the spaces will be as stated in the
Interlocal agreerrient between the CRA arid the City, Circuit Shall be permitted to install Level 2
EV charging stations and signage at the three (3) ofthe reserved parking spaces. Circuit shall be
solely responsible for the cost of'signage, charging equipment, and electrical services required for
charging vehicles, The CRA shall C11SUre that electrical service is available at the reserved spaces.
Upon termination of the Agreement, Circuit shall restore tire reserved parking spaces to their
original condition.
F. Maintenance and replacement.
mms�
196
i, At Circuit's sole cost, Circuit shall maintain tire interior and exterior rad` ail vehicles in good
working order, in accordance with all applicable laws and regulations.
ii, Circuit shall ensure that all vehicles will be free of graffiti, vandalism, defacement and other,
darnage to tire, satisfaction of the CRA,
iii, Circuit shall replace any vehicle at its sole cost when the vehicle cannot be maintained in
good working order, in accordance with applicable laws and regulations, or it is no longer
able to be maintained in accordance with the requirements ofthis Agreement.
iv. Circuit shall use its best efforts to restore or replace non -operational vehicles to operation
within three (3) calendar days froin the date of any incident requiring the vehicle to be
removed frorn operation, Circuit shall provide verbal and written notice, to the CRA of any
delay in restoring or replacing a non -operational vehicle that extends beyond three (3)
calendar (lays from the date of" malfunction. If the CRA detennines that any such delay is
due to Circuit's lack of diligence, the CRA will have the right tO pursue any' remedy provided
for in this Agreentent, or at law or equity.
Section 5: Staffing
A. General. Circuit shall provide sufficient staffing to maintain levels of. service required by this
Agreement, All persons providing services pursuant to this Agreement will be employees,
contractors or consultants hired by the Circuit. Circuit is solely responsible for all staffing decisions
made pursuant to this Contract.
B. Drivers. Circuit shall obtain complete back(round checks on all drivers, including driving records,
criminal checks and employment references, conduct initial drug testing, and provide as training
program for newly hired drivers. Circuit shall not hire any convicted felon or any person who has
been convicted or pled guilty to driving under the influence of drugs, or alcohol as a misdemeanor
in any state. C ircuit shall not line a driver with more than three (3) infractions relating, to driving a
motorized vehicle within the previous 24 months. Circuit to review each driver's driving and
criminal records at least annually,
Circuit shall provide its employees with as living wage and tips.
Section 6: Attaining and Maintaining Levels of'Service (LOS)
A. General, Circuit shall provide air LOS that meets customer deniands at. all times of Service
operations.
BService Level review, Circuit and the CRA shall rneet at least quarterly to review LOS and
deterrnine if any actiustments are necessary. Any agreed upon ad.justments will be made in writing.
C. The CRA designates Thnothy Tack as the Project Manager and will provide written notification to
Circuit of"any changes to the Project Manager. rhe ProJect Marrager shall be Circuit's principal
point ofcontact regarding any matters relating to this Agreement. 'rhe Project Manager shall
provide all general direction to Circuit regarding perf'ormance and provide guidance regarding the
CRA' s goals and policies. The Project Manager is authorized to waive or modify any material
changes to this Scope of Work changes so long as the changes do not increase Compensation paid
to Circuit. Except as provided herein, any modifications to the Scope of Services that increase the
Compensation paid to Circuit must be agreed by the parties by written amendment to the
Agreerrient.
D. Circuit designates Jason Bagley as Circuit's Representative for this, Agreement. Circuit will
provide written notice tck the CRA should there be a subsequent Represernative change. Circuit's
Representative has full right, power and authority to act for Circuit on all malters arising under or,
relating to this Agreement.
E, SpecW events. CRA may request additional vehicles for special events. Such request shall he
made at least thitly (30) days prior to the special event and may include as request the establishment
197
of a fixed route for, existing vehicles arid/or as request additional vehicles, subject to avaihibility.
For additional vehicles provided for special events., CRA agrees to pay, tire regular service hourly
rate per vehicle of 4.97 plus the actual cost to transport the vehicle(s) to tire requested location,
which will be agreed to by the, parties in writing, prior, to transportation.
Section 7. Trip Sharing
A. Drivers shall be permitted to trairsporl more than one (1) part), bla no more than five (5) parties in
GEM vehicles and four (4) parties in the E -Sedan under the fbIlowing conditions:
i, 'I lie vehicle must be equipped with individual seatbelts for the driver arid cacti rider.
iL All passengers must use seatbelts at all times.
iii. The total number ol"passengers, including the driver does not exceed the vehicle's
legal capacity'.
Section 8: Operational Requirements
A, Circuit and all its einployees, officers, managers, staff, subcontractors and subconsultants shall
Comply with all applicable local, state and federal laws arid regulations while perftinning work
pursuant to this Agreement ioClUditig but riot limited to all laws and regulations regarding the safe
operation cif` vehicles.
B. Circuit shall prohibit drivers firom testing OY' using smartph ones, or other mobile device, eating,
drinking, wearing headphones, and engaging in any activity that may cause the driver to become
distracted while driving the vehicle., Parties acknowledge and agree that (i) drivers will only be
permitted to wear Bluetooth enabled device or similar technology it) provide service provided by
this Contract in accordance with all laws governing such devices; arid (ii) drivers may use smart
ph(ines mounted to the dashboard or windshield of the vehicles only in accordance with all laws
governing such devices,
C Circuit must obtain all permits and approvals required in fire ordinary course of business lot- the
safe, and legal ofteration of the Service,, including without limitation, permits or approvals from the
Florida Department offlighway Safety and Motor Vehicles, . Circuit is responsible for obtaining
any permits and approvals required by the State of'Florida for operation of the Service,
D, Circuit to require all persons using the Service to comply with applicable local, state and federal
laws and regulations relating to the use of scathelts and alcohol consumption in vehicles,
E Circuit and its drivers are permitted to refuse service when, in the driver's opinion, a passenger
poses a threat to himself or herself, other passciigers, the driver, the vehicle or other vehicles or
personsa
F. Circuit is permitted to establish reasonable restrictions on the provision of services to non -service
animals.
6, All Circuit drivers shall wear proper identification and a uniform.
K The CRA reserves the right to request immediate dismissal of any Circuit emprloyees who fail to
comply with the requirements of this Agreement. Relief' personnel should be readily available
during the terra of this Agreement.
Section 9: Operating Hours
Each vehicle shall be available for an anticipated sixty (60) hours each week ("Vehicle Hours") . The cost
per vehicle shall be based on the rates described in the Pricing Schedule attached as Exhibit B. The Vehicle
Hours shall occur within the following schedule:
MHEIFM�
198
Day
Start time
End time
Cvlora
101:00 arn
8 M Pill
Tues
10: 00 ant
8:00 PTTI
eds
10:00 arta
8:00 pin
.. .
]'burs
........ .. ...
10:00 am
8:00 prn
Fri
10:00 arn
10 M pni
dart
10 M am
10 M pill
San
10:00 am
8:00 pin
CRA Project Manager shall have the discretion to reduce or increwse the number of'Vehicle Hours and/or
determine the hours of operation based on level of demand as determined by monthly data collection and
eons ideration of holidays or other special events so to as the total Vehicle Hours for each month does not
exceed the CRA's annual budget for the Service,
Section 10: Levels of Service Reporting
A. Circuit shall provide the CPA with moriffily reports describing the level of service Im each zone,
Upon request, Circuit will provide the CRA with weekly level of` service reports for each zone.
B. Monthly data reporls shall include:
i � Number of'parties on a daily, weekly and monthly basis
ii. Number of paying custorners
iii. Gross/Net revenue collected for fare revenue credits which distinguishes between fare
revenue collected for Zone I trips and fare revenue collected for Zone 2 trips.
iv, Number ol"vehicles not in operation on a daily, weekly and monthly basis
v, Average wait fline frorn request through the mobile app until arrival by assigned driver on
a daily, weekly and monthly basis.
vi, Average trip duration on as daily, weekly and monthly basis.
vii. Pick -Up and drop off` location for each trip.
viii. Average number of'passengers per party per trip.
ix. Average number of parties per trip.
x. Number of passenger complaints received and resolution of the complaints (xi a daily,
weekly and monthly basis.
G CifCUit shall present a report to the CRA Board on a quarterly basis surnm art zing the data provided
in the monthly reports, the collected fare revenue, and the advertising revenue generated,
R In the event Circuit does not provide a required report(s), the C1 A reserves the right to withhold
payment until the required report is received. To the extent that the CRA requires additional
inforination related to the above reporting requirement, Circuit shall provide the information to the
CRA.
Section 11: Advertisement Sales
Circuit shall sell space on the exterior or interior ofthe vehicles for the display of commercial advertising,
Net Advertising Revenue, defined below, that is generated by Circuit in connection with the sales of
commercial advertising shall be divided equally between Circuit and the CRA, Net Advertising Revenue
ineans the gross advertising revenue receive(] less all costs and expenses, including, but not limited to
199
advertisement design., produclion costs, installation and removal costs and customary commissions paid to
media sales representatives, incurred by Circuit in connection with providing the advertisement sales.
Circuit shall provide an accounting of all advertising revenue with its Level of Service monthly report as
required in Section 9, which shall include the gross revenue, costs and expenses Circuit shall provide to
CRA as breakdown of the Net Advertising Revenue each mouth, which shall include the gross revenue plus
costs and expenses incurred in connection wid'i providing advertising sales
Section 12. Advertising Guidelines
A. In its agTeernents with its advertising contractors, Circuit shall reserve the right to rpject any
adverfisernent,, commercial or nonMrnlercial.
B, Circuit shall determine the methods, details, and means for PCH61111ing the Advertising Sales
Services, subject to the CRA's consent which shall not be unreasonably withheld,
C. All advertising and promotional materials, including, without limitation, any vehicle "wraps"
(collectively "Advertising") must conform to the following criteria:
De ', ma o Advert sin No Advertising Nvill be permitted that falsely disparages ally
111- A 11-�-M advert.... .... i sin
person, product, or company, or that is likely to damage the reputation of any person,
product, or company.
ii. Advert.j.'sin . ..Condonins, Criminal (',onduct. No Advertising will be permitted that is likely
to incite or produce imminent unlawftit activity,
iii. Obscene Acivertisin . No Advertising shall display any statement, word, character, or
������.,,-���—',",� W
illustration of an indecent or obscene nature, as defined by l�,".S, (7hapter 847, as may be
arnended from titne to firne.
iv, False Advertisilig. No Advertising shall displace false or misleading inforination, intended
to mislead the public as to anything sold, any services to be performed or inforuration
disseminated.
Tobacco Firearms. and Cannabis. No Adveilising shall display any statement that
promotes the sale of tobacco or tobacco products, electronic cigarettes, firearms, or
rnedical marijuana treatment centers or delivery devices in accordance with Florida law.
vi. Existip& L#Ws, All Advertising most conforryi to all applicable federal, state, and local
statutes, laws, ordinances, rules and regulations.
1). The CRA shall request removal of any advertising, conanercial or noncommercial, that does not
conforni to this policy. Such demand will be in writing and will state reasonable grounds for the
request. Circuit Will consider' and act promptly upon the request in accordance with this policy,
Section 13: Ridership Fares
A. Circuit shall collect ridership fares for the services, as follows:
200
am
i, For rides that begin and terminate. within Zone 1: $1,00 for each rider.
ii. For rides that begin or terminate in Zone 2: $2:00 for each rider. If the rider is part of'
a group, $2.00 fear the initial rider arid $1.00 for each additional rider within the group,
Circuit shall credit the CRAnionthly invoice for each Zone with 100% of the Net Fare Revcime,
defined below, that: is generated and collected from ridership fares.
Net Fare Revenue rneans all gross ridership revenue that is collected from the passengers for the
services less revenue collection coasts and expenses, including but not limited tet sales taxes or other
taxes imposed by law, credit card processing fees and other billing related charging by third parties
imposing similar processing charges. Circuit will be responsible for documenting all costs and
expenses arid related charges associated with the Net Fare Revenue calculations,
48531349-4940, V 6
201
E,'xlubit A-1 Service Area
The Circuit Service Area for City of Boynton Beach CRA ffint is active in the Ride Circuit app and on the
(Ircuit website is as follows:
Zone 1: Area shaded hime
Zone 2: Area shaded green
202
Exhibit B.- Pricing SchedUle
ba
ft, —�
W,
%
4,
a
AIN
91
WW,
"1
0
:.
'M
KI
ID6�
A�
26,
Sk
it:
9
.11,
16,1
M.d
M
10,11
All.
M4
luk
NCO
M.
M30
86r.W
HALM
m0
Aw
m 0
Mo
X"
Iw
0.
1
U1,
a*
'ILO
S211.0
4 10
".1 s
34V s
m VP
w4v
1-1-dh
WWI
wf�
mv&
siv 3
oil 6
Nil s
SW ¢
MAI
LOX b
LAW t
LM s
LM
18XX b
LW s
IAW s
Lm &
LM I
LW s
IAW s
Im
203
$W
M -
INE'
Is q/1
Plaku of
BOny
raw, of
204
205
11121i 11 lillillPlillill iiiiiiii III Ill I i 111121111 Ill I Ill I I ill y 1111111 1 1111111111 111 lil i I Jill
206
i A
r
August 29, 2024
Jason Bagley
Circuit Transportation, Inc.
501 East Las Olas
Suite 300
Fort Lauderdale, FL 33301
Re: Notice of Renewal
100 E. Ocean Avenue, 4' Fk'Or
Bovnton Beach, FL 33435
Offlcei 561-737-3256
Fax: 561-737-3258
www.boyntonbeachcra.com
fh -
MINEWORM
����II I
Agreement for On -Demand Transportation Services
On January 18, 2024, the Board of the Boynton Beach Community Redevelopment Agency
('BSCRA") approved the Agreement for On -Demand Transportation Services with Circuit Transit,
Inc. ("Agreement"). Pursuant to Section 3, the term of the Agreement is for six (6) months with
the option to renew for six (6) months, with services to begin upon approval of an interlocal
agreement between the City of Boynton Beach and the BBCRA. The Interlocal Agreement
Between the City of Boynton Beach and the Boynton Beach Boynton Beach Community
Redevelopment Agency For Funding an On -Demand Transportation Services Pilot Program
(`Interlocal Agreement") was approved by the Boynton Beach City Commission on March 5, 2024
(See City Resolution R24-041).
The BBCRA desires to exercise its option to renew the Agreement for On -Demand Transportation
Services with Circuit Transit, Inc. for six months, from September 6, 2024 through March 5, 2025,
at the same prices, terms and conditions as set forth in the Agreement, subject to your execution
of an Anti -Human Trafficking Affidavit, attached hereto, as required by Section 767.06(13), Florida
Statutes, (2024).
Please sign and date below to indicate your acceptance of the renewal of the Agreement through
March 5, 2025.
Sincerely,
Timothy hack
Assistant Director, Boynton Beach Community Redevelopment Agency
207
COWUNHY
IVmmmllmmV
mm m�
ACCEPTED BY BOYNTON BEACH
COMMUNITY RE .1- LOPMENT AGENCY:
71
ignatur
100 E. Ooean Avenue, 4' Floor
Bovntan Beach. FL 33435
on= 561-737-3256
Aw r 561-737-32W
www,boynton beachcra.com
ACCEPTED BY CIRCUIT TRANSIT INC:
SiWnur����
208
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII,�00�U'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
OLD BUSINESS
AGENDA ITEM 14.0
SUBJECT:
MLK Jr. Boulevard Corridor Mixed Use Project Update (d/b/a Heart of Boynton Shops)
SUMMARY:
The MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi -Family
Rental Apartment Project will provide 124 affordable multi -family rental units, as well as, 8,250
square feet of leasable commercial space (Attachments 1 -III).
Heart of Boynton Shops - Commercial Update:
At the September 10, 2024 meeting, the Board received a project update from Centennial
Management Corporation (CMC). A CMC representative shared that the commercial
construction would begin in October (see Attachment IV). CMC had previously provided the
commercial tenants an email on July 12, 2024, that they anticipated construction to begin early
August 2024 (see Attachment V).
Staff met with CMC on Tuesday, October 15, 2024, to discuss the current status and concern
for delays of the commercial spaces (see Attachment VI). Six of the eight commercial spaces
are building permit ready, but have not received a construction contract with the final cost
estimate from CMC. Two of the units were permit approved in February 2024 with the
remaining four receiving permit approval by June 2024. Additionally, Staff was advised that
previous cost estimates were not based on the final building permit plans and would need to
be priced by the respective subcontractors. Staff shared a list of possible subcontractors to
assist CMC in pricing the tenant buildouts (see Attachment VII).
On October 25, 2024, CMC received a request from the restaurant tenant in Unit 104 to be
released of the lease due to the delays. The tenant sent another email on November 4, 2024,
and November 12, 2024, requesting a response from CMC (see Attachment Vlll).
On October 28, 2024, November 4, 2024, and November 8, 2024, staff requested an update
from CMC for the status of Heart of Boynton Shops regarding construction contracts and
construction commencement (see Attachment IX). On November 12, 2024, staff met with
representatives from CMC and the attached meeting notes were taken (see Attachment X).
CMC committed to providing final cost estimates for units 102, 105, 107 and 108 by November
19, 2024.
At the November 21, 2024 meeting, the Board pressed CMC for more progress on the
209
commercial build -out. Since the November 21 st meeting, the following occurred:
• November 23, 2024: Received a termination letter from the tenant in Unit 107 (see
Attachment XI)
• November 25, 2024: Two coordination calls with CMC, CRA staff and Board Member
Hay
• November 26, 2024: Final cost estimates and construction contracts were provided to
Unit 105, 107 and 108
• December 2, 2024: Received an email update from CMC for all of the units stating that
construction would begin within 2 weeks of signed contracts (see Attachment XII)
FISCAL IMPACT:
Fiscal Year 2021-2022 Budget; Project Fund Line Item 02-58200-406 - Local Government
Match Contribution $625,750 and Commercial/Retail Component $2,025,815 (commercial
component); TIRFA $1,630,280 and $433,008.45 Second Development Agreement for the
Residential Component.
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach CRA Community Redevelopment Plan
CRA BOARD OPTIONS:
To be determined based on Board discussion.
ATTACHMENTS:
Description
• Attachment I - MLK Jr Blvd Project Site Plan - North
• Attachment II - MLK Jr Blvd Project Site Plan - South
• Attachment III - MLK Jr. Blvd. Mixed Use Development Project Renderings
• Attachment IV - September 2024 Board Meeting Minutes
• Attachment V - August Construction Commencement Email
• Attachment VI - Heart of Boynton Shops Status
• Attachment VII - List of Subcontractors
• Attachment VIII - Unit 104 Cancellation of Lease
• Attachment IX - Requests for Updates
• Attachment X - November 12, 2024 Meeting Notes
• Attachment XI - Unit 107 Lease Termination
• Attachment XII - December 2, 2024 Update from CMC
210
�.9u D2u.Illd uv a ip d!�,o�M3H �d"�ilw�O
z ? o �2 a
c - — — — -------------------------------------
❑ U 1 a
f
f
pfw ......... .... Z
Q
1 r��
}
z°PR
W�w
u_k m
w r ry
Y z
y LL rc
a o w a
i a m
a
p
W a � o a
c L FO-,
a
a
_ 9
z
� rf
a o� o
w_
ow
m
ME-
o'Lia
w 9I` Ir m o
r m
a
o�
o n
lj
d
w
a
o ❑ e
o
QaN
�
a
°
<o
m
�
W
Z
�z
o
9A'D2AIjHbwv Ull!U213M3114 0-11IVO
1-Z
CN
0
MA a Q
"Jo
[L<
Wf LLJ
II. ...........
� I I I I o of o a a
Olm
Fl F]
El El
F5 Ffl
]z
0
z z
LU
LU
LU
LU
LU
40
------------- --
M3 H 0-1 IVO
- ---------
Z >
<
0
Z
0
V) ------------
LU
F-
0
o z
LU
111PIN W, IMP7111 FOR'
Al I
Blab JOIN u0n,
11 0
MON
11/1 ulffimll
, fIZ17
EIF 0 EIRETIP El
---- -------
..........
EIL2
POP
.... ... .. . ... . .
.. ........
. ...... ........
EDWIN �I m 111 FININ I
TIEE3 E3
LU
LU
DI Ell
ow,
1- f
jG'or
E3
aw
I H
711111111, Ili
z z
<
al ":Ep
E::U l LU
LU LU -j
LU
Lj
D2 pf ]I ON v 11 l!q 2 ku Aq 3w H -I ]IV D
V H
<
If
0
z
0 z
<0
--
---------
El
0
<
E:l
0
8
t
El
E:l
o
❑
El
. . ...... ........ ..
zo
ow
rr
El
o
UnEl
ralzr
LL
z
CL
IL
El
El El
LL
17�1
---
9A'D2AIjHbwv Ul!q2l3lq3H O-IIVO
------------
----------
F-I
E:1
E:l
O
Ej
El
LL
IIS„ Il�w '# `-_
sllnP NI)i IM
X3ON1 _
IJ'HOV38NO1Nlo8
T
J
e
Hl2�ON - JNIaNb'� S���M
w�zw
z
�w
w�zw
¢Q
¢Q
o00
K
<
�O
�O
.mZ
oo
�0
>wm
�0
z w
zww
aw
y z
2F
O¢wa
0 w
Q
0 d
0
a z
F
mma
Jax
d K
a tt
aw
W
NFU
Jax
Q S o
Q S o
U
¢
-
<Z LLJJ
LU
G
G
c
w
U
_
LUiU
>O
U
C
G
k
U
_
o
_
_-
J
°J
-
------------
a
�w
w�zw
¢Q
¢Q
o00
�wz
<
�O
�O
.mZ
oo
�0
>wm
�0
z w
zww
aw
y z
2F
O¢wa
0 w
Q
0 d
0
a z
F
mma
Jax
d K
a tt
aw
� U F
NFU
Jax
Q S o
Q S o
— — — — — — — --- — — — — — — — — — _
F
�.
I � �
7 I
* � J
W CA
� a U w
? `=a�Q� iii I
o 0
i
��� �� I z z
i
I
I
-----------------J
¢
<Z LLJJ
G
G
c
>O
U
C
G
k
J-
------------
z <
J W
ao
ww
�(Q
00
J Q
N M
J J
�V✓
O
0
>
Sp
— — — — — — — --- — — — — — — — — — _
F
�.
I � �
7 I
* � J
W CA
� a U w
? `=a�Q� iii I
o 0
i
��� �� I z z
i
I
I
-----------------J
<Z LLJJ
J-
------------
z <
J W
ao
ww
�(Q
00
J Q
N M
J J
'a'U 119 - �4„ its a z
Sl-lf1H NljillM
NVId3dVOsaNVl
IJ'HOV38No1Nlo8
N
H12�ON - JNIaNV S-n3M
c
/It
o�
w
w
Q
U
U)
0
Z
Q
J
x w
m
\ _r m
r
.................................................
\ a
� (1 aaac5iv
r1� a
U.., o
z
r� w
w
z
w
r
a
a
z
5
a
w
w-� a
in
m rr.
-�� ." .
wo
�a
0
r
uU �i, rc r rr16
ce r
v
w
.._.bN D� l M l.b 9S.lC7N vv ... _
/ n
OC) M,�b9,/.O ION / ' .....
0
o r, z w
T• 1
1lVI fd��H !� I `ti o ��� i �' ➢ / t r
12
I - ,
H,L
NCM VH,L
��
u
Ifo U \ r
o
yr IV Ij
/
tv o
y
e n
�ll,O — I � CJS
Q I i
r
F
ILAJ
Poa
Ol
a
c
r
a
ri 11 AI
1 �
,
f rw l
b w
g
5 t0 E,
m a eg
�a
t; -t
' e — „ J
r
v� 0b M l�,yS.IGN e s n uvr l
I
nu
— — — — — — — — — —
V H
------------ LL
W
W
cn
W
Q�
ve
I c I
OZZ
f•L2: J,IVV.w"' ill IV, x111
p
x o J a
a w w
IIIIIIIIIIIIII
n o4LU
f a ',%a o pN r £p 3QNO
o U ititit a
ww x iiiii a. x x x ilii x x xi iwbyaM 9 3{{{ } 3 a
,,,.w ii x x x w
a
a
Y c r-44 �_ w
II II wll. °
y w
— — O
{ 3
f �
q
�r
Z
n � � Wm�Ua°
31'11
,11
b _1
III tl
'w' w
F I
II,I 1 1
1I �
I .q m RI W
JF
o--u_ _ _ �m
e
a P
�
{ W
It
d
I .o o ev
1
1
1 v
I ti
F Kn dtl
1 1 w � SSi
ov s f {
1 h
1
{
,w
1�w
m —a
o
o— 11 1
a � o
00
6
{
d
�s
o w
I �o
= f
� 1101 �Z�n„ � - ❑ � I '� { Q
lig��I❑
1 ri
� o ❑ 0 1
1 r
I I '
I I
I I
I I 1
& It ` M (y)
�+ ix)ix ux T N {
x x y�uuuu (Sj 0 Tw � }
Puu / \ Q
-
w � U m Q
Gzz
�I o
Lu
L , u
LLJ
11:11:�
L2M : Jl uuMlllvl 1SH 0
.................................................... ............ ....... ....... as
..........
cl
<
LU
1.
"' � �2
0 T
�I o
Lu
L , u
LLJ
ZZZ
x� xiuu��xiu��Ls a.tl ° n L m °
,,,,, ,,,,,, qm m
{p{p z s I w m O
0000000 ooio ? m O= } a o 0 0 0 a 3= N
-----------
o U a
W
F-
0 0
_ Q
z _ w
EIREIEll Ell
p3i
a�aao �O
U
D, 0 0 B
O � { � � �
1 l ; �ol���
r
i ... V I oI E.ED OP P P
LU
x� IEl
LU
00 �e.�� ��w � f��;� f✓���rif� ��f��rl�� �� o r
a................. z m
OE r.I F 0 f)
� F..G.l � 1 I � ��II((ff ff
ED p I� C T#
wP
ED a' O [7
f1 �..... .'
I
0
Lk I,..."I 1 .I I
ED
� ��r � I �
��r, , O z
01 I L.1 1I
I
W f J i J
"` 0 �. r i w O w O :� riq�rrqq w e
J �y
I
LU
.i 0 MY
r i M, 0
1s a ¢ 0.... 0 Q
EZZ
SM
7
0
7[ 0
L2: J, I I Mil IV, 111:11:� 22 -!
....................................................
mna�
..........
z
<
:ow
<
CN
LU
----------
.7
SM
7
0
7[ 0
17ZZ
sex : J,IVVDkd ^ xiu aWgLsq W@tl ri'TI'TI*v $ o LL 4 m a N
z s} 9 m w m O
IIIIIIIIIISS
IIII Illllllf Q Q m p N w w ` V
J W
O o
o U a
W
F-
0 0
p
So
�
r�
fl,y /r �, ry Kl W
fJl ceN� ,Y";a "���� �
� Y
4 a lil + 10,
r" R$Ro e
0 0 0 0 1 0
J
7 7J
fy �pgpp f p
ry w
r OI �//
p
C. ]-
r 9F®
E EA
t". """ � El .... . ........
RMA.
El EL
:J� I
..........
E3 O E3 E3
��.
"i
al
E OS El o
El
El El
ED
,J
f�
3 E D w
I
wof
RE Em EM
.�� VVV
V LLL d�
..w E-1 O El 4'
as
r En
n J , rr�
W
W Y. i " .. M1 q Y 1
IL 1
�� �� f Q E, i
`.w Z 4Y waar,) Z Z
LU
w opt ,,�� , o
J
W 'I, O W O 1 J
o
��gj1�C C�LULU w:o, `��,,M,"� 4 „� y'... ° '" "'°,, I.. z ° O , , ''11am,
w () U m a
5zz
�•
.u.-l.....�uu+mbrV..�d ....�V I.V V�.V'::�b'@tl tlri"T"T fi�Y'd
3
J
m
oam
.......... o ? m
O
a�2,
moa
:how i
rc J j
o
N
0
LL
o
j(
tk
v
m
-
€ p —
o
a
----- - -----
g O O
t
- o
a
0
i
r
ILI
o o°
wo k„
ocW
i
r
m
<714
f
{
a
Ll
❑m ., m
Z
Q �
Ell]
IL
❑ ❑
- -
-
0-
LL
1
N 4
w
Q
N
Q
9ZZ
OD_>
$�xuu�ruvdxu,�� w p
E z= 3
0
4
z ° N
IIIIIIIIIIIIII
"'oma°' O
n
o
LU
o f
v
m
m
a
----- ------
- ------
i ❑❑_ ❑❑ i
❑❑
❑❑
t
Foy a
M
m =a
r
� x
Lip
-o
❑
El
E.
wzo oc`
` o
II
o
o�t � �,o
❑ �
� `tip, ._.o_
�o o_
6r
iY
m -m
a
l f
J
L
5.
�Ej
00
a
oo p
Ja
o
, O w
a
Y
❑❑� ❑❑
❑❑�
❑❑
o
❑
�m
�m
a
LZZ
�• A-7....�uu.5'1'r VY�d ASV 1.V L;�:V'::�b'@tl tlri"T"T'�i'aa
0000000 ooio�
o
$
a
n
�� 0 S
zs
- ¢�
O ?}
rc 4 JN j
j
o
v
w
m
O
m
°
N
- 0
m
p
a
.,oZ
Q
-- - -------- - ---
-
I
I
I
I
EID
0
_
O C =
i
0
t Fo o�w
II
�
f II o°o u�
w -El
a
>
p
s m
LL.
❑❑�
❑❑
- ❑❑T ❑❑
r
71
Z
J a
Q -
IL
oof
Q
�.
O„
J
Q
U-
ojo
W
Q
N
Q
8ZZ
�. e. e to . M �
❑❑
�
��xiuurur�xiu i�a��tl rw�n�n+reaa p
f z { LL
o
4 �
Z� �
s
a t
.......... w
w
b
oom O
n
o J-
J--
a
J L_
❑❑ . FTI_ ❑❑
El Pow
0
�o o
1
s
❑ ❑
❑W �,6�
.6f p
L ------- - MJ
�.O El
❑❑� ❑❑
J L
Z
oa
0
s„
o..
m
o a
i
a
6ZZ
5' + _
II��
$17A NINIIM d'
Ell iiiiiiiiiiiiiiiiiii
X34NI _
I3'HOV38NOlNA08 -
T
Hinos - JNIGNt�� S���M
E
¢ Q
2
¢ z
x
9
21
j
0
a
z
LU
�o
W
K❑
W Z W
�O
¢ Q
2
¢ z
x
� j
QLLQ
cn�
U�
00
oa
U �
dhK
W
tiW
Uro
WZ
Q�2
=
O
—m>U
z
0
>wwaS
Z
yww Oaw
O
az
LUW
dz
�_Ko
OF
mV mF QU
aJQ
EO
QO-
Lu
Q
CO
�
❑
�tizQU'
_
J
j
K _
O
W
K❑
W Z W
�O
¢ Q
2
¢ z
x
� j
QLLQ
cn�
U�
00
oa
U �
dhK
tiW
Uro
tiW
Uro
WZ
Q�2
0
O
—m>U
wwQS
0
>wwaS
Z
yww Oaw
O
az
dz
�_Ko
OF
mV mF QU
aJQ
EO
QO-
�tizQU'
J_
zQ
JH
W
0- (2
LU LU
as
QQ
U U
CO CO
LU w 0 0
p p Z Z
Z Z < Q
F
W
W
_ N M
(n J J J
c
N
tt
o
U
k
Q
i
C
r
C
w
❑
w J
K w
~
_
❑ 0
3
m
E�
2
S
3
3
u
d 3
_
ti
O
'"
M <"
a
a
v
s'
v
v
v
o
LL
i
i
a
a
a
uai
ap
J_
zQ
JH
W
0- (2
LU LU
as
QQ
U U
CO CO
LU w 0 0
p p Z Z
Z Z < Q
F
W
W
_ N M
(n J J J
IIIIN
$l7f1HNl�lllh/� d'
Ell iiiiiiiiiiiiiiiiiii
NVId 3dVOsaNVl
IJ'HOtl38NO1NA08
N
J
v
Hinos - JNIaNt�� S���M
E
9
c
/It
o�
w
w
Q
U
U)
0
Z
Q
J
L£Z
zcz
S
k
m
w w
a
Fit
---- — ms's
z -- — z
o�
i
wig a
W
w
r
a
en
o
11444 fl ❑ \ � \ ,R(Jti l M, L',BI I(N S,
m' t
v
LL
41z m
.i
91
l y
n
i
w`
n ,
1
I
� r
•� -..- x,� . , i 't .r 01
r I
w
w
I P
U n 1�`ooim"Fw
r
1
s ul�i a mo ym, � M1 8
v � 1
� o
Meeting Minutes
CRA Board Meeting
Boynton Beach, FL September 10, 2024
None
8. Information Only
A. Semi -Annual Progress Report for the Purchase and Development Agreement
with Wells Landing Apartments, LLC d/b/a Heart of Boynton Village
Apartments (December 2023 - May 2024)
B. Semi -Annual Progress Report for the Development Agreement with Wells
Landing Apartments, LLC d/b/a Heart of Boynton Shops (March - August
2024)
Paul Bilton stated that they received the final certificate of occupancy in July for all units.
He noted that they are moving forward with completing the commercial portion with
construction starting in October.
Board Member Hay asked what was the delay in commercial construction.
Mr. Bilton replied that units 102, 107, and 108 are ready to start construction in October.
He stated that units 104 and 105 are restaurants and there has been changes in tenants
and in the design. He noted that they are diligently moving forward with these units.
Board Member Hay commented that he hopes that is the case and that he will be
checking in with Staff on a regular basis.
9. Announcements and Awards
A. 2024 Florida Festivals & Events Association SUNsational Awards
Mercedes Coppin, Business Development and Promotions Manager, stated that the
CRA was awarded eight awards from the Florida Festivals and Events Association for
marketing and business promotional activations during the past year. She noted that first
place awards were received for the Enchanted Market at Pirate Fest Photo Area/Selfie
Station and the Holiday Boat Parade Promotional Mailer and T -Shirt, second place
awards were received for the Night Market Event photo and the Spring Market
Promotional or recap video. She also noted that third place awards were received for
Enchanted Market at Pirate Fest Event photo and the Night Market Billboard signage.
10. Public Comments
The public comment section of the meeting is for public comment on items on the
consent agenda or items that are not on the agenda. For items on the agenda, the public
will be given an opportunity to comment at the time each item is considered. Each
speaker will be given a total of three (3) minutes to comment; however, the Board retains
ir*R
From: Paul Bilton
To: aillionandco(clamail.com; amilhomme[alagapehealthwellness.com; iohnkaforwardleadersarouo cam; pat iw izzacaamaiLcom
Cc: Tack. Timothy; Nicklien. Bonnie; Jorge Leon; Lewis Swezy
Subject: RE: Heart of Boynton Shops Update
Date: Friday, July 12, 2024 12:14:13 PM
Attachments: imaae001.ona
imaae002.ona
imaae003.ona
imaae004.ona
imaae005.ona
imaae006.ona
imaae007.ona
imaae008.ioa
This Message Is From an External Sender
This message came from outside your organization.
Good Afternoon!
We are excited to see the commercial space being officially leased up, and we would like to give you an update.
We anticipate starting the build -out for permitted units in early August.
The construction contract language is being finalized and will be ready along with the schedule of values shortly.
We look forward to continue to work with you to make this happen.
Regards,
Paul Bilton
Centennial Management Corp
7735 NW 146 Street, Suite 306
Miami Lakes, FL 33016
786-399-4210
From: Nicklien, Bonnie <Nicl<lienB@bbfl.us>
Sent: Wednesday, July 10, 2024 12:27 PM
To: Jorge Leon <jleon@centennialmgt.com>; Paul Bilton <PBilton@centennialmgt.com>
Cc: Tack, Timothy <TackT@bbfl.us>
Subject: Heart of Boynton Shops Update
Hi Jorge,
Per your request— here is the contact information for all of the tenants who have approved permits and are waiting CMC's
next steps:
Bi:arnk, fl cld�
ol, rd � vid Pry, (l
l=i:� ,(rud rori I', !lil 11 1, iririe� 11 1 I i�'ai
g00 I i�����lad ar7 ��:��;:hr, 1 ori.l!: 333 'S
237
137 NE 10th Avenue, Unit
Sylvia Gillian
Gillion & Co. Inc.
QdhDnan M@9Mail.com
107
561-414-8892
Agape Health & Wellness
137 NE 10th Avenue, Unit
Agathe Milhomme
amilhomme.(c�agapehealthwellness.com
LLC
102
786-356-9915
Forward Leaders Group
137 NE 10th Avenue, Unit
John LeJeune
LLC, d/b/a Eat Dope
ohL1@forwardlead�rsgroup.com
Vegan
105
561-827-8520
137 NE 10th Avenue, Unit
Jude Vaillant
Potiwa Pizza LLC
potiwa izza ail.rom
104
786-487-7227
_r�m
Bi:arnk, fl cld�
ol, rd � vid Pry, (l
l=i:� ,(rud rori I', !lil 11 1, iririe� 11 1 I i�'ai
g00 I i�����lad ar7 ��:��;:hr, 1 ori.l!: 333 'S
237
...... .............. ................... ...............................II II II
America's Gateway to the Gulfstream
ll�lllease Ilbie ziii!Phseil that l:lorU:l Ilhas a Illrr.mad piuWkurecouls IllalAil, aml aH corresponiilenciim b!v urrre via ernaH rna,,V Ilbe subjectto
ifis�!!k!IISUIIT. WWwler l:loHda Imm, errmH ad& inses are puhk n2ci!rrrds. 111herefore, lipur ernafl communkath!m aml lifou, ernafl
adidressinallyllbi, sub.pec t to Ilfrm. blk: ds,i:Wosuri:�
238
Unit
Business Name
Permitting Status
101
Premier Medical Center of Boynton Beach
Review Cycle denied on 5/17/24
Unresponsive since 4/29/24
102
Agape Health & Wellness LLC
Permit approved on 2/28/24
103
JB Dental Care LLC
Finalizing Desgin Plans
104
Potiwa Pizza LLC
Permit approved on 6/10/24
105
Eat Dope Vegan
Permit approved on 6/13/24
106
The Law Office of Diane Andre
Permit approved on 4/22/24
107
Gillion & CO.
Permit approved on 5/21/24
108
City of Boynton Beach
Permit approved on 2/28/24
239
From:
Tack, Timothy
To:
Nicklien, Bonnie
Subject:
FW: Potential MEP contractors for the HOB pricing
Date:
Monday, October 28, 2024 11:25:00 AM
Attachments:
iniacie617076.pna
imacie534478.pna
iniacie424414.Dna
iniaae505886.Dna
iniacie931134.Dna
imaae636797.pna
fyi
Thanks,
l i� i wI kv,, I P F
100 i Occan Boi v'Won Bench, L loi k"'I � `,I 1'�I
httPs://v/\Atw, boyn Lori beachcra.corn
M
America's Gateway to the Gulfstream
be �Idvised fliat ��Iqwkla [ms a bri!mel �R&Hc riecords 41,Nl, and all corriesporidence [o rne id!,�) emaH
innay Ilbe SUbject toclisclosure Unii�ier I'Iorida 4vt, ii:1m:RH add ril,lss�il,ls are Iltublic urieiimr�iiJs® III herefore, 1!�10W
em::iH CCIrTInIUVIk:aflon anii1,1111ciur emaH address nia,,V sub�ect ijtbhc ifl!sch.1siare
From: Tack, Timothy
Sent: Monday, October 28, 2024 11:24 AM
To: Jorge Leon <jleon@centennialmgt.com>
Cc: Paul Bilton <PBilton@centennialmgt.com>; Lewis Swezy <LSwezy@centennialmgt.com>
Subject: Potential MEP contractors for the HOB pricing
Jorge,
Below are some possible contractor's for the buildouts.
240
Electrical
o Palm Beach Electric
o AJI Electric
o Copperhead electric
Plumbing
c Rapid Plumbing
o Buckeye Plumbing
o ECM
Mechanical
o Cousins Air
c Astro Air
o ECM
Thanks,
241
From: Lucika Suarez
To: Paul Bilton; Lewis Swezv
Cc: Pot"iwa Pizza; Nicklien, Bonnie; Penserga, Tv; Tack. Timothy
Subject: Cancellation of Lease
Date: Friday, October 25, 2024 12:53:45 PM
This Message Is From an External Sender
This message came from outside your organization.
I hope you are doing well. I wanted to ask you what's the process of Jude being released from
the lease with you, Centennial Management. Legally, you are in breach of contract because the
commencement date has passed and the unit has not been conveyed to Potiwa Pizza, the
tenant. I'm prepared to send over a cancellation of contract if that's all it takes. Please advise.
Best Regards,
Lucika Lambert Suarez
Florida Licensed Realtor # SL3477196
Ph: 561-336-1292
Don't judge each day by the harvest you reap, but by the seeds you plant. -Robert L. Stevenson
242
From: Lucika Suarez
To: Paul Bilton; Lewis Swezv
Cc: Pot"iwa Pizza; Nicklien, Bonnie; Penseraa. Tv; Tack, Timothy
Subject: Re: Cancellation of Lease
Date: Monday, November 04, 2024 3:49:35 PM
This Message Is From an External Sender
This message came from outside your organization.
Good afternoon Paul and Lewis,
I hope this message finds you well. I am following up on the email sent on October 25
regarding the lease agreement with Potiwa Pizza. Could you please clarify the next steps
required to formally terminate the lease agreement? Additionally, we would like to request
reimbursement not only of the security deposit but also of all expenses incurred in preparing to
open the restaurant, as the project ultimately did not proceed. We are committed to resolving
this matter amicably but will consider legal options if necessary. Your guidance on how best
to proceed would be greatly appreciated.
Thank you for your attention to this matter.
On Fri, Oct 25, 2024 at 12:53 PM Lucika Suarez <lucikasuarez5&gmail.com> wrote:
I hope you are doing well. I wanted to ask you what's the process of Jude being released
from the lease with you, Centennial Management. Legally, you are in breach of contract
because the commencement date has passed and the unit has not been conveyed to Potiwa
Pizza, the tenant. I'm prepared to send over a cancellation of contract if that's all it takes.
Please advise.
Best Regards,
Lucika Lambert Suarez
Florida Licensed Realtor # SL3477196
Ph: 561-336-1292
Don't judge each day by the harvest you reap, but by the seeds you plant. -Robert L. Stevenson
Best Regards,
Lucika Lambert Suarez
Florida Licensed Realtor # SL3477196
Ph: 561-336-1292
Don't judge each day by the harvest you reap, but by the seeds you plant. -Robert L. Stevenson
243
From:
Lucika Suarez
To:
Paul Bilton
Cc:
potiwagizza(@amail.com; Tack. Timothy; Nicklien, Bonnie; Lewis Swezv; Jorge Leon
Subject:
Re: HOB Unit 104 Potiwa
Date:
Tuesday, November 12, 2024 11:03:29 AM
Attachments:
imaae001.12na
imaQe002.DnQ
image003.12no
imaQe004.Dna
image005.12no
imaQe006.Dna
image007.12na
image008.iog
This Message Is From an External Sender
This message came from outside your organization.
Hi Paul„
I hope you're well. I wanted to follow up on my previous email and see if you had a chance to
review it. Please let me know if there's an update on the matter.
Thank you, and I look forward to hearing from you.
On Thu, Nov 7, 2024 at 9:49 AM Lucika Suarez <lucikasuarez5&gmail.com> wrote:
Good Morning Paul,
I hope this message finds you well. I understand that Jude recently spoke with Sweezy
during a visit to the HOB project site to check its progress. However, before moving
forward, we have a few important concerns. First, if we decide to proceed, we would need to
amend the lease to include performance clauses that ensure delays are minimized and
communication consistently meets professional standards. Second, could you confirm
whether RS Construction has completed their portion of the work, specifically the cement
flooring, ADA -compliant restrooms, plumbing, and electrical installations? Additionally,
please review and respond to our previous email regarding the lease agreement. Once these
matters are addressed, we can better assess whether Potiwa is prepared to move forward
with this project.
Thank you, and we look forward to your response.
On Tue, Nov 5, 2024 at 7:58 AM Paul Bilton <PBiltonncentennialmgt.com> wrote:
Good morning Jude,
It was nice talking to you about your plans the other day. Considering that you are using a GC
other than RS Construction and have a permit, you may schedule your construction start now.
Prior to actual commencement we do need a pre -construction meeting with your GC to
244
coordinate logistics and make sure all required documentation /eginsurance, NOC\ is in place. |
look forward to hearing from you.
=1 11100 ff*m
From: Nick|ien, Bonnie
Sent: Monday, October 28'202411:O3AM
To: Paul Bi|ton LevvisSwezy ;
Jorge Leon
Cc: Tack, Timothy
Subject: FW: Cancellation of Lease
Morning Paul,
As discussed this morning, please let us know once you speak with Potiwa Pizza and what the
decision isregarding the Unit 1O4lease.
Thank you,
Bonnie
245
-4r'1pr"0v,➢81 'cad it C,or'IprYdu, i0 "c,�Je,vclop1„ncni.
W0 L, d'"d'dmm"^an A e Bn,yrl on Be I”"h, Flor` ck:,,V 31435
I ",6'1 ox) I ! I ":ro6 3253
( us I I�( h�ttps://vn/vnrw.boynLoribeachcra.com
WE=
America's Gateway to the Gulfstream
llul ase be i)&iiiliiseiii'thlat 1�°1ariiiiia has a IOW"wlWad IpWibiilic reoi��iirds 4wu, and all corr o,!opi'��)IIIdeniil�;uh..i to InI'Ype
1II14resra:l s,i ui bra:ubjost.�IL.� I10ui CSsl."rrsmw Ussrr, IIIIsi smia ooii�, esul �sll„iµ e.so.are sublls ^iIiR,cioss
.
II ierii:::!foroii llllow iir eri,ta:l cors'Iuunr�.:ulsid"o°uti:: ni a aid ilp' :n, err'llls:l address uls°m )y Illsv,..^ stA blr. ct toIlls14ibiic
d i s r'1ici s �ire
From: Lucika Suarez <lucikasuarez5(@gmail.com>
Sent: Friday, October 25, 2024 12:53 PM
To: Paul Bilton <PBilton(b�centennialmgt.com>; Lewis Swezy <LSwezyC@centennialmgt.com>
Cc: Pot'iwa Pizza <potiwapizza Pgmail.com>; Nicklien, Bonnie <NicklienBPbbfl.us>; Penserga, Ty
<PensergaTi@bbfl.us>; Tack, Timothy <TackT(@bbfl.us>
Subject: Cancellation of Lease
This Message Is From an External Sender
This message came from outside your organization.
246
I hope you are doing well. I wanted to ask you what's the process of Jude being released
from the lease with you, Centennial Management. Legally, you are in breach of contract
because the commencement date has passed and the unit has not been conveyed to Potiwa
Pizza, the tenant. I'm prepared to send over a cancellation of contract if that's all it takes.
Please advise.
Best Regards,
Lucika Lambert Suarez
Florida Licensed Realtor # SL3477196
Ph: 561-336-1292
Don't judge each day by the harvest you reap, but by the seeds you plant. -Robert L. Stevenson
Best Regards,
Lucika Lambert Suarez
Florida Licensed Realtor # SL3477196
Ph: 561-336-1292
Don't judge each day by the harvest you reap, but by the seeds you plant. -Robert L. Stevenson
Best Regards,
Lucika Lambert Suarez
Florida Licensed Realtor # SL3477196
Ph: 561-336-1292
Don't judge each day by the harvest you reap, but by the seeds you plant. -Robert L. Stevenson
247
From: Nicklien, Bonnie
To: Jorge Leon; Tack, Timothy
Cc: Lewis Swezy; Paul Bilton
Subject: RE: CORDOVA ESTATES - BIDS
Date: Monday, October 28, 2024 11:06:00 AM
Hi Jorge,
Any updates on the final bids ready for construction contracts for Unit 102, 105, 107, and 108?
It would be helpful to have the final bids for 104 (Potiwa) and 106 (Diane Andre) since they are
permit ready as well even though there may be a tenant change for Unit 104.
Thank you,
Bonnie
From: Jorge Leon <jleon@centennialmgt.com>
Sent: Wednesday, October 16, 2024 5:58 PM
To: Tack, Timothy <TackT@bbfl.us>, Nicklien, Bonnie <NicklienB@bbfl.us>
Cc: Lewis Swezy <LSwezy@centennialmgt.com>; Paul Bilton <PBilton@centennialmgt.com>; Jorge
Leon <jleon@centennialmgt.com>
Subject: CORDOVA ESTATES - BIDS
This Message Is From an External Sender
This message came from outside your organization.
Good Afternoon,
Below is the analysis of the difference in price for unit 102 & 108
Unit 102
Attached find the complete analysis of the difference pf each category :
1. Cabinet & Quartz Tops not in original Bid a difference of $ 6,000.00
2. Glass Window not in original Bid a difference of $ 525.00
3. Plumbing difference is $ 6,000.00 based on a bid by Alpadex Plumbing a local Plumber.
The original bid from Ridgeway was for a single bathroom and was based on doing all units
at the
same time. Ridgeway is no longer interested in doing the work because this is too small of a
job.
248
Unit 108
The estimate for unit 108 was done based on a proposed plan and a there was note on bid
That stated that final estimate upon final drawing and final scope of work .
Below is analysis of cost difference:
1. The drywall was a total mistake because of the number of linear feet of wall and the height
increased that price.
2. The doors & hardware per final plan are stain grade doors at a higher cost.
3. Paint increase due to the staining of the doors and the extra labor.
4. Additional cost on the storefront door & side panels based door spec on plans.
S. We increase the allowance of the tile per the final plans tile spec.
6. Bathroom Tile walls was added to the final plan not on original.
7. Appliance where added to the plans not on original estimate.
8. Contingency was added to cover any missing items not clear on plans
9. Plumbing ,Electrical & Mechanical estimate was calculated based on sq. cost
Because final MEP plans not available . Our plumbing price were based on Black minority
Plumber it seems high and will get two more bids.
If you have any questions please contact us.
Thanks,
Jorge Leon
249
From:
Tack, Timothy
To:
Jorge Leon
Cc:
Paul Bilton; Lewis Swezv; Nicklien, Bonnie
Subject:
RE: Potential MEP contractors for the HOB pricing
Date:
Monday, November 04, 2024 11:34:16 AM
Attachments:
image001.12ng
imaQe002.r)na
image003.12ng
imaQe004.r)na
image005.12ng
imaQe006.ona
image383633.12ng
image919134.ona
image684860.12ng
imaae899064.ona
image611515.1ng
imaae785332.ona
Jorge,
The CRA and tenants need a status on the costs. We are getting a lot of pressure to start
construction. We lost a tenant and others are paying interest on loans, which may translate into
more tenants backing out. I am very hesitant to keep pushing to fully lease up all the spaces if we
can't precede with buildouts in a timely fashion.
Thanks,
H nrno lry.I h i, P t.
rw',I,np cmrrFe,i?Re' i /
I00 L Ocemi '°n ,ilirmlonR':e ich, L lolpo'Io 1,43,1;i,
" ' l V";v9, o "-)01-)..
ia�;�l�lwl'l.ahttps:HvvVrvAr.boy nton beach cra.corn
a I
�� Ifll miVl�
America's Gateway to the Gulfstream
IIeasl be mdi4sed 11lm :mt Ill it lmmairrl Illmas a broad i3i,fllAfi: 1mu. u:°1)rds111 1,N1„ and H illil m1°u?spl.mnlfu. vice ::rm uine lda i. n1:3il
� �ml
be b�iect to disclose re„ LIIner is illmid m ia,lo1', m2m1, H dii.lrie! ses 11muIlp
:' nu'bii1: ril: cq°,11°mis, i hl: r efore ^!
mm`1M:1 ,iio1 r
e rrr°1M ill com11 rilcatma�n and ',1v()W' 1u?nmaii add1°ess 1mr.1a,0, be :s1.111hject bul�!)II13t,lbiic1lfisq!1�irr!!ue1.11re
From: Jorge Leon <jleon@centennialmgt.com>
250
Sent: Tuesday, October 2V,20242:249M
To: Tack, Timothy <TackT@bbfl.us>
Cc: Pou|BU\on com>; Lewis Svvezv com>
Subject: RE: Potential MEP contractors for the HOB pricing
This Message UsFrom anExternal Sender
This message came from outside your organization.
Thank You for your help ||
From: Tack, Timothy
Sent: Monday, O��ober28, 2O24 11:24 AM
To: Jorge Leon
Cc: Paul Qi|ton >; Lewis SvvezySubject: Potential MEP contractors for the HOB pricing
Below are some possible contractor's for the buildouts.
Electrical
* Palm Beach Electric
* AJ| Electric
* Copperhead electric
Plumbing
u Rapid Plumbing
o Buckeye Plumbing
u ECM
Mechanical
* Cousins Air
p Astro Air
* ECM
TimothvTack,PE
Assi�an�Direc��r
BoyntonBeach0ommunityRedeve|oprnentA�ency
251
" ...... ...'o
89 P.:..:..:.
f httn-,,/AAAA/%Al hnvnl-nnhparhrra rnrn
America's Gateway to the Gulfstream
„.
1ase be iilf'hVis4"!'.cf lia ::dor da III"III 'w� aIII„ wll.11u.mdIIS Ublim.. II Ie'II''!orii.ls �ai,AtW .mnd 0 I oro,, ww�mw°iu n' iil
� ''III, o Inm6
"1.'IlVmi:1
.•„I�� �:��::.r�.�mmw I n �mq,V • su l�I. IIisi� sur� I,nde Im�, �:,aw mddm.ser� �.�u public lII,'.....0w mrms
.
�
.mm
III
m m � °un^m.,mmwm� �m"mwm�;mwl Ir„°�m�m.ur.mm�wm�'um «mmmn°iumm andand'Ifm�umww m�.m�m�:mwl ��mm.�m.1ul IEw"m�w�w ,I� be.;m�w'.�em�pl. m�u �m�ww�mm. m.Jwm.�m.uw.wul m� ml m°�, w�m°�, m� m�m
252
From:
Tack, Timothy
To:
Jorge Leon
Cc:
Paul Bilton; Lewis Swezv; Nicklien, Bonnie
Subject:
RE: Potential MEP contractors for the HOB pricing
Date:
Friday, November 08, 2024 4:46:02 PM
Attachments:
image001.12ng
imaQe002.r)na
image003.12ng
imaQe004.r)na
image005.12ng
imaQe006.ona
image530628.12ng
image872067.ona
image225933.12ng
imaae696588.ona
image345197.12ng
imaae321894.ona
Importance:
High
Jorge,
I have been notified we are possibly losing two more tenants due to the lack of responsiveness by
Centennial and RS construction. We last spoke 24 days ago and I haven't seen any progress. This is
not acceptable and needs to be resolved immediately.
Thanks,
l i � ncfl h y ..i.. d, ! , P t' .
"as JSv ,"mL Dirre,mR;+o:
poymk,m p Ich Rcdeium�otam'
raen+gewwa;,,,
100 l . d ce iql l;le lch, L Iklo : ""I 'V.)
Oj Y I Y:I 4d4 °RBo±-i1
j kicl � i d��°�k��Ld l.i.a � � j https://v/\nrw.boyntonbeachcra.com
America's Gateway to the Gulfstream
III lease be adldu...wJ tlmat FIw..mrk:!la has a brll�.med Illrm.wblww., urecords Illw�Ar„, and all cill!!!)rrill:,:�spormtier,ulcc 1I1[�urw ulsmc i�fia eurm°ma'il
urwmaiV loile subject to a]mrs[a ureulJVwrder III�Iorida law, lliu!wrrmaH adiiil:irll�:ssr slim:mw all, Ilpt.wl��N Ilrll1ll:,�ords. III l�v2irwlfi3rs^m''!I,II'�mw r
r11rafl cil',mrnrrmw.mrmicafl 1yot.�lll” illll�rrkafl 'ii:'W�Jdrm! ss, Illr"m«!r'Ilt be rt.flrli,�ect tmo 13t��°m
. bhc ri k� ii�mW.Ullll ill''"
M ' � rm e �iil�m rill �'; '!I.
253
From: Tack, Timothy
Sent: Monday, November 4,2O2411:34AM
To: Jorge Leon <j|eun@centennia|m8tzum>
Cc: Paul Bi|ton<PBi|tnn@centennia|m§t.cVm>;Lewis Swezy<LSmezy@centennia|m@tzom>;
Nick|ien, Bonnie<Nick|ienB@bbf|.us>
Subject: RE: Potential MEP contractors for the HOB pricing
The CRA and tenants need a status on the costs. VVeare getting a lot ofpressure tustart
construction. We lost tenant and others are paying interest on loans, which may translate into
more tenants backing out. |amvery hesitant tokeep pushing tofully lease upall the spaces ifvve
can't precede with bui|douts in a timely fashion.
From: Jorge Leon
Sent: Tuesday, October 29,ZO242:24PM
To: Tack, Tlmothy
Cc: Paul Bi|ton ��LevvisSvvezy�Subject: RE: Potential M EP contractors for the HOB pricing
This Message UmFrom mmExternal Sender
This message came from outside your organization.
Thank You for your help ||
From: Tack, Timothy
Sent: ��unday,October 28,2U2411:24AM
To: Jorge Leon
Cc: Paul Bi|ton>;Lewis Svvezy<
Subject: Potential MEP contractors for the HOB pricing
Below are some possible contractor's for the buildouts.
Electrical
* Palm Beach Electric
* AJ| Electric
* Copperhead electric
Plumbing
o Rapid Plumbing
254
o Buckeye Plumbing
o ECM
Mechanical
o Cousins Air
o Astro Air
o ECM
Thanks,
Nin io is l sw° k, i::r.F
tm;w'pt°ion Beach Co mmd,. Jwl 'Iy
IB;O i Ocean Roivnh:';�n i"'�e..Id::h, ala`M.l 3. 1�35
htI.P ..',JLnrvvw b—oyriLonbeachcra.corn
America's Gateway to the Gulfstream
111iRase be ai.�[wmse(.] Umat FIorida [tas a Illrrm.mad Ilfrm.ihlic rauq���ori�i��irlalw,W and aH��rm�::mm�m°am���������Ptr�am���ia^a��i�����"�ol����ip to mr�v�ilIE! Wil�izi
emmml nizr,V be rm.mllljpil] :ft to nder III orida [aw,11, i!maH aiJdresses wri,11 Ilpublic uri..m°mmrds.
'..'.0 '.0 . �, .'....u, y i�. r �����m . I�.,,i �. „. ° your '....m �. i�. , µ,lil.::!s .. .ail ^: s ^ . ..t ..I . �.„ . isc s . ���n�
T�m�m�mm�m�mmm��� �i�.�mm.�mm em�n����w�mm� i�.��u�mm"mmm�mmm�.murmlii�w��:°�m��mtmemm� ����mmm�m.� ymm�m��mm m�nmawN aii�.�m�.�m i���������r m"rma� Illrw�� ..�m.mC�emw���. to ��mmm���mlll��mm�.�� m�.�m.w���m.���mm.���ir�mmm�
255
Tack, Timothy
From: Paul Bilton <PBilton@centennialmgt.com>
Sent: Thursday, November 14, 2024 4:17 PM
To: Utterback, Theresa; Jorge Leon; Tack, Timothy
Cc: Lewis Swezy; Nicklien, Bonnie; Kathryn Rossmell
Subject: RE: 11.12.24 Meeting - Tenant Build -Out Status HOB Commercial Spaces
This Message Is From an External Sender
This message came from outside your organization.
rr'11111111lilirillill ill ��.
•
='AaW41TOM. RUN
t
Miami Lakes, FL 1
786-399-4210
From: Utterback, Theresa <UtterbackT@bbfl.us>
Sent: Tuesday, November 12, 2024 4:56 PM
To: Paul Bilton <PBilton@centennialmgt.com>; Jorge Leon <jleon@centennialmgt.com>; Tack, Timothy <TackT@bbfl.us>
Cc: Lewis Swezy <LSwezy@centennialmgt.com>; Nicklien, Bonnie <NicklienB@bbfl.us>; Kathryn Rossmell
<krossmel I @ I Iw-law.com>
Subject: 11.12.24 Meeting - Tenant Build -Out Status HOB Commercial Spaces
Hello Gentlemen,
Per the meeting today please see the list of actions below that were discussed.
If you have any additions/deletions/corrections, please reply all to this email.
• CMC to send an email to all commercial tenants regarding the status of their project Will do shortly
• Unit 101— CMC to email tenant a final email notice that the project is terminated email sent
• Unit 102 — CMC will have contract/pricing completed by Friday -11/15/24 It may be Monday which is why I have
not yet sent out the update email
• Unit 103 — Dentist office, CMC has a lease, tenant needs to submit plans for the space
• Unit 104 — Tenant is moving forward with its own contractor; CMC/CRA need to confirm how the tenant will be
reimbursed for the CRA contribution of approx. $51,000+/- for floor/MEP I called and texted Jude today
• Unit 105 — CMC will have contract/pricing completed by Tuesday -11/19 /24
• Unit 106 — Plans are permitted per old design; the plans will be recycled for the new tenant (law firm) and will be
sent to bid — there is currently no lease Tenant has the lease under review.
• Unit 107 - CMC will have contract/pricing completed by Friday -11/15/24 It may be Monday which is why I have
not yet sent out the update email
• Unit 108 — CMC to confirm bullet proof wall goes through to lobby (includes the conference room) CMC will
have contract/pricing completed by Tuesday -11/19 /24
256
Thank you,
Theresa
I h, re"Utterback
Development SeNces Manager
34;'''Vnton Beach Onlllrllfflfflit)� Agcrcl,d,
100 E, Ocemn Ame, I 3o,,ImV�m B&ich,Ti!��Ma 33415
k, 5&1 600 9()94 � 5&1 7371 1��SB
hi, Utterbackf@bbMus I Qj hUps://�tvww.boyntonbeachcra.com
America's Gateway to the Gulfstream
FlIllease be ad,luked that Ilodda has ;a brioad public records law, and A corresponderu�ii:r to iiite'llidla emaH irria,1111, be stflbject
to d4donuren Wider III Wqxida Wamq emaH addresses are�3ubllc IVrecli!)rli!h;. erriail and 111�14m,ir
emaH address arriallf III e sub,ject tis, 114pt. bfii:
257
From: Sylvia Gillion
To: Paul Bilton
Cc: Tack, Timothy; Nicklien, Bonnie; Lewis Swezv; Jorge Leon
Subject: Re: HOB 107 Build -Out
Date: Saturday, November 23, 2024 4:37:46 PM
This Message Is From an External Sender
This message came from outside your organization.
Please be advised that Sylvia Gillion dba Gillion & Co and Gillion & Co Realty Inc., have
withdrawn from the Heart of Boynton Commercial project. Please cancel the expired lease
agreement as well. If you have any questions, please advise me so I can forward your
questions and concerns to my legal advisor's office.
Thank you,
Sylvia
On Fri, Nov 22, 2024, 4:39 PM Paul Bilton <PBilton(er�centennialmgt.com> wrote:
Hi Sylvia,
Attached is the build -out cost proposal based on permit set of plans.
We look forward to hearing from you!
Regards,
Paul Bilton
Centennial Management Corp
7735 NW 146 Street, Suite 306
Miami Lakes, FL 33016
786-399-4210
258
From:
Paul Biltmz
To:
Nic&lieu, Bonnie; Tack, Timothy
Cc:
Lewis Swuezy; Jorge Leon; Hay. Woodrow L.
Subject:
ns: HOB Buildout Cost &constucuon
Date:
Monday, December oz'2024zn:az:*a/M
Attachments:
bouueOU01u2nu
imaQe002.DnQ
imacieO03.12no
imaQe004.pna
imaoeO05.12no
imaQe006.pna
imaoeO07.12no
imaQeOO8.ipa
This Message UsFrom anExternal Sender
This message came from outside your organization.
HiBonnie and Tim
Here's anupdate:
101
Awaiting new tenant. The plans onfile are not generic, sovveare hesitant toproceed without the
new tenant's input.
102
Rebidding HVAC and millwork — HVAC came down; hoping to have millwork by tomorrow
103
Please send the plans ifyou have them. | have acall intoMike Jean Baptiste aswell.
104
| received a text back from Jude stating that he will call me today.
105
John is|ookingatthe cost details and will get back with metoday.
106
Re -bidding and acouple oftrades already came inlower. VVeshould have itdone bytomorrow.
107
We emailed Sylvia a cost detail that matches the estimate from a year ago, and | left a message
today hoping totalk 10her about staying
108
Rebidding HVAC and millwork — HVAC came down; hoping to have rni||vvork by tomorrow.
We are ready and eager to start construction within +/- 2 weeks of receipt of signed contracts.
Centennial Management Corp
7735NVV146Street, Suite 3O6
Miami Lakes, FL33Ol6
786-399-4210
259
From: Nicklien, Bonnie <Nicl<lienB@bbfl.us>
Sent: Monday, December 2, 2024 9:45 AM
To: Paul Bilton <PBilton@centennialmgt.com>; Tack, Timothy <Tacl<T@bbfl.us>
Cc: Lewis Swezy <LSwezy@centennialmgt.com>; Jorge Leon <jleon@centennialmgt.com>
Subject: RE: HOB - Buildout Cost
Hi Paul,
Hope you enjoyed your Thanksgiving!
Can you please tell me the status of the final cost estimate for Unit 106 (Diane Andre Law Office)?
She will be using the permitted plans for Politicalm. The attached cost estimate was provided in
March based on the final set of plans for Unit 106.
Thank you for the update.
Bonnie
Bo:;n,r0on I:." 0a..h
W0 F. Ocean Ib ,rflcir B Bch, kluria: a
�: " ..........::.
arl1 �:.:�:;.. d G b.ii.psI www.[)oyntonl)eac.hcra.c.om
America's Gateway to the Gulfstream
I h:,,,ase be wi�i�umseq] timat III 1ori,i�.ia Illszis a Ills�so�w�i Ipublic uire'corlris Illa�lN, and allllll iii���:orrespq����)nr° en�ii��:�ifi,���u to un"me 11,u11a
260
envail nvm:I'Vbe s:.,:bJ:.c t to iWlsm`los::re. Undii,:,r llioridalll :psi, erna111 wh1resses ariin Illpi�blic urs.: orris.
t,,, r „, • :m �,, r '....a . ��..,. �. �. �. :. „. ,,, .. � '....a ^:. . . ^�Iillllu .� sir° i,,!, ..� . �..i is is ,�, . ..,
IIII lr���..�uief:.�m:s�� ���.�tm��w sm���u��::l i�w.sr:rimuiuimt�wmm��w��e�.:eru� euir�b �s:eul sm���::1 ��.�m�.l���Jw i��..�s�s uism�.uy Illse� .��m��bJu�..�:„�t. ti����u i„tu'u�bl::�.. �.Jmr��w.l:.ms:,wl:e
From: Paul Bilton <PBilton@centennialmgt.com>
Sent: Monday, November 25, 2024 1:54 PM
To: Tack, Timothy <TackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us>
Cc: Lewis Swezy <LSwezy@centennialmgt.com>; Jorge Leon <jleon@centennialmgt.com>
Subject: HOB - Buildout Cost
This Message Is From an External Sender
This message came from outside your organization.
921 or,
Attached are the bid list and comparison of original vs current cost for 102, 105, 107 and 108.
105 and 107 did not change much.
108 was originally based on a simplistic sketch.
As discussed, we are doing some value engineering and intend to re -bid a couple of trades.
We look forward to discussing our next steps with you at 3.
Please forward to Commissioner Hay.
Regards,
Paul Bilton
Centennial Management Corp
7735 NW 146 Street, Suite 306
Miami Lakes, FL 33016
786-399-4210
261
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII,�00�U'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
OLD BUSINESS
AGENDA ITEM 14.1)
SUBJECT:
Continued Discussion and Consideration of Search for the New Executive Director - "1mm'II&I[..IIUID
11/21/2024 U.0 WFII IIL °12/10/2024
SUMMARY:
On November 13, 2023, the CRA Board directed staff to advertise the Executive Director
position (see Attachment 1). The position was advertised on Linkedln, Florida Redevelopment
Association (FRA), Indeed and the BBCRA website. At the December 12, 2023 meeting, the
Board approved the following process, which has been previously utilized by the City of
Boynton Beach to fill vacant positions (see Attachment 11):
• Once the advertisement is closed, staff will review each resume.
• Staff will compile a binder for each Board Member that will contain a minimum
qualification form (see Attachment III) and the resume for each candidate.
• At the next scheduled meeting, the CRA Board will collectively select which candidates
are to be interviewed, and staff will schedule interviews with each Board Member
separately.
• After the interviews, the CRA Board will discuss the candidates at a special or regular
CRA Board Meeting and select the successful candidate, if any.
• If a successful candidate is chosen, the Board may direct staff to enter into contract
negotiations with the successful candidate.
The position was previously advertised in November 2023 and May 2024 without successful
placement. At the August 13, 2024 meeting, the CRA Board directed staff to re -advertise the
position and research options for executive search firms.
In August 2024, the CRA Executive Director position was re -advertised on the City, CRA,
FRA, and International Economic Development Council (IEDC) websites and closed on
September 30, 2024. A total of 66 candidates have responded to the advertisement.
FISCAL IMPACT:
FY 2024-2025 General Fund Budget, Executive Department; Line Item #01-51230-100
CRA BOARD OPTIONS:
To be determined by the CRA Board.
262
ATTACHMENTS:
Description
Attachment I - BBCRA Executive Job Posting
Attachment II - Executive Staff Hiring Process
Attachment III - Minimum Qualifications Checklist
263
',, BOYNTO
oioomoi
""""R �aEA�i
uYNH"YII':IL.OV':'IAII II'q.. I AGENCY
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
TITLE: EXECUTIVE DIRECTOR
REPORTS TO: BBCRA BOARD
SALARY RANGE DEPENDING ON QUALIFICATIONS: $140,000 - $210,000
GENERAL DUTIES:
Position manages the day-to-day operations, for the Boynton Beach Community
Redevelopment Agency (BBCRA). The Executive Director is a highly responsible position
that oversees a wide variety of redevelopment and economic development activities that
include fiscal operations, policy making, capital project administration, BBCRA program
management, redevelopment plan implementation, property acquisition, business
incentives, new business development, business attraction and retention, special
business promotion activities as well as the management and maintenance of BBCRA-
owned properties. The Position serves as a liaison to businesses and property owners
with the overall goal of enhancing the physical and economic character of the districts.
Advanced professional work is focused on revitalization and community enhancement
within the BBCRA Districts through redevelopment, capital improvement, and branding.
EXAMPLES OF ESSENTIAL DUTIES:
The examples as listed below are descriptions of essential functions and are not
necessarily all inclusive. The omission of an essential function of work does not preclude
the BBCRA Board from assigning duties not listed herein. Assigned duties, which are
essential function of work not listed herein, are permissible if such functions are a logical
assignment to the position.
• Carries out the policies established by the five -member BBCRA Board which
oversees the redevelopment of the six BBCRA Districts.
• Oversees the day-to-day agency operations.
• Provides oversight and management of Federal/State Grant programs designed
to assist with redevelopment goals within the BBCRA area.
• Provides comprehensive knowledge of redevelopment programs and their
financing.
• Develops potential incentive packages, provides market assessments/impacts,
and monitors development trends.
264
• Writes developer requests for proposals for the purpose of disposing of BBCRA
land for redevelopment.
• Evaluates and drafts recommended updates and amendments to the BBCRA Plan.
• Attend training sessions and conferences pertaining to BBCRA operations.
• Prepares and manages annual BBCRA budget and compliance monitoring with
F.S. Chapter 163 Part III
• Assists with the development of capital projects included in the 2016 Boynton
Beach CRA Redevelopment Plan; tracks the economic impact of those projects on
Redevelopment activities City-wide.
• Makes public presentations to the BBCRA Board, City Commission and other
public/private organizations regarding BBCRA redevelopment, BBCRA business,
initiatives, and focus.
• Acts as a technical advisor to the Community Redevelopment Agency Board (City
Commission) and BBCRA Advisory Board.
• Prepares and manages BBCRA budget; identifies and accesses funding sources;
maintains relationships with funding sources; administers contractual agreements
with other governmental agencies.
• Oversees the management and administration of capital projects within the
BBCRA districts.
• Promotes and disseminates information about BBCRA activities to stakeholders
through media, print and social media; attends and conducts various meeting and
presentations.
• Negotiates and administers contracts, incentives, developer agreements, and
projects; administers same.
• Assist private developers and business owners with: site planning, zoning, platting,
variances, incentives, and other regulatory issues associated with redevelopment
and economic development in the BBCRA.
• Attends monthly BBCRA Board meetings and City commission meetings in order
to keep abreast of activities and programs, and to provide information and/or
answer questions as necessary.
• Represents the BBCRA at community meetings regarding BBCRA matters within
the scope of the BBCRA activities.
• Oversees hiring of BBCRA employees, consultants, and experts as provided for in
• the annual budget
• Supervises BBCRA employees, consultants, and special projects.
• Other duties as assigned.
KNOWLEDGE, SKILLS AND ABILITIES:
• Knowledge of public and private financing and various debt financing mechanisms.
• Knowledge of professional services contracting, bidding procedures, and contract
administration.
• Knowledge of the principles of budget administration and financial forecasting.
• Knowledge of business correspondence and report writing.
• Knowledge of the basic functions of Community Redevelopment Agencies.
265
• Knowledge and experience with Public -Private Partnership developer negotiations
and agreements.
• Knowledge of the principles, techniques and objectives of a Community
Development Block Grant program and HUD housing programs.
• Knowledge of economic development trends and techniques and the functions,
operations and relationships among local, state, and federal agencies related to
redevelopment and housing policies.
• Ability to communicate clearly and concisely, orally and in writing.
• Ability to effectively analyze issues and problems and identify optimum solutions.
• Ability to plan, organize, and implement duties and responsibilities defined by
desired outcomes and objectives.
• Ability to gain cooperation through discussions and persuasion.
• Ability to use good conflict resolution skills.
• Ability to manage complex problems with multiple stakeholders.
• Ability to interpret and apply the principles, practices, and procedures specified in
Florida redevelopment law.
• Ability to interpret and apply applicable Federal, State, and local laws, rules, and
regulations related to redevelopment programs.
• Ability to use Windows-based word processing, electronic mail, spreadsheet, and
database software.
• An understanding of business attraction including lease negotiations in real estate.
• Ability to take the initiative to complete the duties of the position without the need
of direct supervision.
• Ability to establish and maintain effective working relationships.
• Ability to serve the public and fellow employees with honesty and integrity in full
accord with the letter and spirit of all City ethics and conflicts of interest policies. A
strong understanding of ethical behavior is required.
• Ability to establish and maintain effective working relationships with the general
public, co-workers, City officials and members of diverse cultural and linguistic
backgrounds regardless of race, religion, age, sex, disability or political affiliation.
• Ability to maintain regular and punctual attendance.
MINIMUM QUALIFICATIONS:
Bachelor's degree from an accredited college or university with a major in business, urban
planning, finance, construction management or related field and/or have a minimum of
five (5) years' experience in the public/private sector in a progressive city in real estate
development, planning, project management, economic development and/or any
equivalent combination of training and experience. Master's degree preferred. Affiliations
or membership with trade associations exemplifying additional education is a plus, such
as Florida Planning Association, Urban Land Institute, Florida Redevelopment
Association, International Council of Shopping Centers, NAIOP, IEDC, or other related
associations. Professional certifications are a plus.
A comparable amount of training and experience may be substituted for the minimum
qualifications.
PHYSICAL REQUIREMENTS:
Must have the use of sensory skills in order to effectively communicate and interact with
other employees and the public through the use of the telephone and personal contact
as normally defined by the ability to see, read, talk, hear, handle or feel objects and
controls. Physical capability to effectively use and operate various items of office related
equipment, such as, but not limited to a, personal computer, calculator, copier, and fax
machine.
SPECIAL REQUIREMENTS
Possession of a valid, appropriate driver's license and an acceptable driving record.
Reasonable accommodations may be made to enable individuals with disabilities to
perform the essential functions.
Please email all resumes to Vicki Hill, Finance Director Ihiilllly I..11.f�l,.us
����m�.............................
267
Hill, Vicki
Fnonw; 0eCus1e TenniUe
Sent: Tuesday, November 21, 2023 12:49 PM
To: Hill, Vicki
Cc: Jenkins, ]obona;Tack, Timothy
Subject: RE: Hiring Process for Executive Staff
Hey Vicki,
I go through each Resume to ensure they meet the minimum qualifications.
Once that is complete I create a binder for each Commissioner with the candidates that are moving forward — include their
app|icationandmesunme—Atabforeachcandidate.
Once the Commission go through the candidates they advise which candidates they want to interview.
Once that is completed you schedule interviews'with each Commissioner (separately) — Dadena can help you with their
schedule.
After they interview the candidates the Commission will discuss the candidates at Commission and who their top choice is.
Once that is done then an employment letter will be generated for the chosen candidate.
Let me know if you need anything else. @
TenniUe DeCoste K4.S,CLRP' Supreme Court Certified Mediator
Director, Human Resources and Risk Management
Human Resources and Risk Management
Mailing Address: P.D.Box 31O | Boynton Beach, Florida 33425
Physical Address: 1@OE. Ocean Ave. | Boynton Beach, Florida 33435
t 561'742-6277 1 561-836-0815
Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to
disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-
mail a&,fress may be subject to public disclosure.
From: Hill, Vicki <Hi|k/@bbfl.us>
Sent: Tuesday, November 31,2O2312:33PK4
To: DeCoste,TenmiUe<DeCosteT@hbU.us^
Cc: Jenkins, ]obara^1enkins]@bbfl.us>;Tack, Timothy «TackT@bbU.us>
Subject: Hiring Process for Executive Staff
Good afternoon Tennillel
What process do you normally use for the Commission when hiring executive staff? We are currently receiving resumes for the
CRA Executive Director and need to mirror your process.
Thanks!
Vicki Hill
Finance Director
vq�
100 E. Ocean Ave. Boynton Beach, Florida 33435
561-600-9092 J@ .561-737-3258
HiIIV@bbfl.us httPS://www.boyntonbeachcra.com
U F111
America's Gateway to the Guffstrearn
Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to
disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e--
mail address may be subject to public disclosure.
9-ilt"
MINIMUM QUALIFICATIONS - EXECUTIVE DIRECTOR POSITION
Candidate Name:
Bachelor's degree from an accredited college or university
Business
Urban Planning
Finance
Construction Management
Or Related Field
Minimum of five (5) years' experience in the public/private sector in a progressive city
Real estate development
Planning
Project Management
Economic Development
And/or any equivalent combination of training and experience
Master's Degree Preferred
Affiliations or membership with trade associations exemplifying additional education is a plus
Florida Planning Association
Urban Land Institute
Florida Redevelopment Association
International Council of Shopping Centers
NAIOP
IEDC
Or other related associations
Professional Certifications
270
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII,�00�U'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
NEW BUSINESS
AGENDA ITEM 15.A
SUBJECT:
Discussion and Consideration of Executive Recruitment Firms for Executive Director
Candidates - '11/21/2,024 UIll 'llµllllL 12/10/2024
SUMMARY:
On September 10, 2024, the CRA Board directed staff to research Executive Recruitment
Firms as an option for securing a viable candidate for the CRA Executive Director position.
Staff solicited proposals for Executive Recruitment Firms and four out of five responded (see
Attachments I-IV). A summary of the proposals are provided below.
VENDOR PROPOSAL
LOW RANGE
($140,000)
HIGH RANGE
($210,000)
Manpower 9/10/2024
$21,000
$31,500
Alpha 1 Staffing 9/11/2024
$22,200
$38,300
Prime Headhunting & Recruiting, Inc. 9/10/2024
$40,000
$40,000
Robert Half 9/11/2024
$40,000
$57,500
Career Developers Inc. N/A
N/A
N/A
FISCAL IMPACT:
FY 2024-2025 General Fund Budget, Executive Department; Line Item #01-51230-100
CRA BOARD OPTIONS:
To be determined by the CRA Board.
ATTACHMENTS:
Description
• Attachment I - Request for Proposal from Alpha 1 Staffing
• Attachment II - Request for Proposal from Manpower
• Attachment III - Request for Proposal from Prime Headhunting & Recruiting, Inc.
• Attachment IV - Request for Proposal from Robert Half
271
ALPHA1STAFFING+ SEARCH FIRM
soft ift
we I• olutions
Request>piSearch
Boynton Beach Community Redevelopment Agenq
iCRA) Executive Director
272
A L P H A 1
srAFRN � SEARCH FIRM
I MM
Alpha1 Staffing Search Firm is thrilled to be part of the bidding process to offer exceptional recruitment
services to the Boynton Beach Community Redevelopment Agency (BBCRA). Our mission is simple: to
deliver top-notch customer service that exceeds expectations every step of the way.
At the core of our business are our values: People, Passion, and Professionalism. Integrity is our guiding
principle, and since our inception, we've been committed to providing high-quality staffing solutions for a
variety of projects. From large-scale, long-term technical endeavors to short-term assignments, our
diverse experience speaks for itself.
We're not just in the business of filling positions - we're passionate about connecting talented individuals
with exciting opportunities. With a national network of professionals spanning various industries, from
corporate support to healthcare, we pride ourselves on our ability to match client needs with candidate
strengths.
Our reputation speaks volumes: an 8 -hour perfect match guarantee, a 16 -year track record of success,
and a client -centric approach that has earned us trust nationwide. Moreover, we're dedicated to
fostering diversity and inclusion in the workplace, partnering with companies that share our commitment
to creating supportive environments for all.
At Alpha1 Staffing Search Firm, PEOPLE are our priority. Whether it's in our careers, businesses, or
everyday lives, serving, assisting, and developing people is at the heart of everything we do. That's why
we're proud members of esteemed organizations like the American Staffing Association and various
chambers of commerce.
Our journey began humbly in 2007, weathering economic storms with sheer determination. Today, we
stand as the largest female and minority-owned/operated employer in Miami -Dade County, with a
workforce spanning thousands across Florida and neighboring states.
With nearly two decades of experience under our belt, we've partnered with myriad municipalities state-
wide. We're fully committed to meeting the requirements of the RFP and look forward to providing the
(BBCRA) with top -tier recruitment services that promote productivity, efficiency, and exceptional value.
Thank you for this opportunity to collaborate. We're excited about the prospect of working together and
delivering outstanding results.
Garrie Harris
CEO, Alphal Staffing + Search Firm, LLC
Gharris@ Atphalstaffing.com
954.604.2228
Request for Proposal - Executive Search for the (BBCRA) Executive Direi 273
(roo
ALPHA 1
STAFHNG SEARCH HRM
Main Office/ Servicing Location
3350 SW 148th Ave #110
Miramar, FL 33027
305.620.3633
Request for Proposal - Executive Search for the (BBCRA) Executive Dire' 274
An organization is only as strong as its employees. Our goal is to ensure that
our team is staffed with the right professionals to properly serve our
customers. To do this, we hired for fit, expertise, ability and commitment to
service. Our 16 -year history in the staffing industry is evident of our ability to
hire and cultivate the best staff. Additionally, our team attends regular
trainings, industry conferences, and accesses various educational resources
to remain abreast of best practices and labor conditions.
Garrie Harris, the dynamic CEO of Alpha1 Staffing, has been at the helm of
our operations for over 16 years, demonstrating unparalleled leadership and
dedication. Under her visionary guidance, Alpha1 Staffing has successfully
managed over $100M in municipal and federal staffing contracts,
showcasing our ability to handle large-scale projects with precision and
excellence.
Garrie's strategic leadership has been instrumental in defining the direction
and vision of Alpha1 Staffing. Her expertise in managing substantial staffing
projects and government contracts ensures that we consistently meet and
exceed client expectations. She excels in building and maintaining robust
client relationships, which are the cornerstone of our success.
Moreover, Garrie's meticulous attention to compliance guarantees that all
contractual obligations are met with the highest standards of integrity and
professionalism. Her oversight of the RFP process, from initiation to final
approval, ensures that Alpha1 Staffing remains competitive and efficient in
securing vital contracts.
Through her unwavering commitment and exceptional leadership, Garrie
Harris continues to drive Alpha1 Staffing forward, delivering outstanding
service to our clients and fostering a culture of excellence within the
business.
Cory Kingcade exemplifies strategic leadership in overseeing our sales and
operational functions. With extensive experience in managing large-scale
staffing operations and contracts, Cory has been pivotal in driving our
business forward.
His development and implementation of innovative sales strategies have
significantly contributed to Alpha1 Staffing's growth, ensuring that we
remain competitive and effective in the marketplace. Cory provides
invaluable guidance and support to both the sales and operations teams,
fostering a collaborative environment that prioritizes excellence and client
satisfaction.
Request for Proposal - Executive Search for the (BBCRA) Executive Direc 275
Cory's commitment to continuous improvement has led to the enhancement
of processes and strategies, boosting productivity and profitability across the
organization. His leadership not only drives business growth but also
strengthens the foundation of Alpha1 Staffing, positioning us for sustained
success in the ever -evolving staffing industry.
Lauren Kingcade, the Director of Marketing and Talent Acquisition at Alpha1
Staffing, is a master at developing and implementing comprehensive
recruitment strategies. Her deep understanding of various marketing channels
allows her to attract top talent effectively, ensuring that Alpha1 Staffing
remains a leader in the industry.
With a keen focus on promoting employer branding, Lauren excels at
attracting diverse candidates, enhancing the inclusivity and strength of our
workforce. Her utilization of data -driven insights optimizes our recruitment
efforts, ensuring we consistently secure the best candidates for our clients.
Lauren's collaboration with the CEO and senior team members ensures that
talent acquisition is closely aligned with the overall business objectives of
Alpha1 Staffing. Her strategic approach not only bolsters our recruitment
capabilities but also contributes to the long-term success and growth of our
organization.
Nakia Koonce Gilbert offers a wealth of expertise in managing complex
staffing projects and high-volume recruitment. Her in-depth knowledge of
industry trends and best practices ensures that Alpha1 Staffing stays ahead in
the competitive landscape.
Nakia excels at establishing and nurturing relationships with key clients and
stakeholders, providing strategic guidance on talent acquisition and workforce
planning. Her approach involves conducting thorough candidate sourcing,
screening, and interviews, meticulously evaluating candidate qualifications to
match them with client requirements.
Throughout the hiring process, Nakia offers personalized guidance and support
to candidates, building a strong network of qualified talent. Her collaborative
efforts with clients to understand their staffing needs result in the delivery of
highly suitable candidates, ensuring satisfaction and success for all parties
involved. Nakia's dedication and strategic insights make her an invaluable asset
to Alpha1 Staffing.
276
Request for Proposal - Executive Search for the (BBCRA) Executive Direc—
k1m TIL =7
Tiffany Parks is exceptional at managing payroll processes and ensuring
accuracy. Her familiarity with government payroll regulations and
compliance requirements guarantees that our operations adhere to the
highest standards.
Tiffany's experience in handling large volumes of payroll for temporary staff
showcases her capability in managing complex and high -demand
environments. She excels in streamlining payroll operations, enhancing both
efficiency and timeliness.
Through her collaboration with HR and finance teams, Tiffany ensures
seamless payroll operations, fostering a cohesive and efficient workflow
within Alphal Staffing. Her dedication and expertise play a crucial role in
maintaining the reliability and accuracy of our payroll services.
Lisa Smith has extensive expertise in both HR and payroll management. She
plays a pivotal role in assisting the Payroll Manager with overseeing payroll
processes, ensuring precision and efficiency. Her hands-on experience with
payroll software and systems enables her to proficiently handle payroll
inquiries and resolve any issues that may arise.
Lisa is diligent in maintaining accurate payroll records and documentation,
collaborating closely with the Payroll Manager to ensure timely and accurate
payroll processing. Her proficiency extends beyond payroll, as she is deeply
involved in HR duties, ensuring compliance with all relevant regulations and
effectively managing conflict resolution.
In addition to her payroll responsibilities, Lisa provides strategic guidance on
talent acquisition and workforce planning. She excels in establishing and
nurturing relationships with key clients and stakeholders, conducting
candidate sourcing, screening, and interviews.
Request for Proposal - Executive Search for the (BBCRA) Executive DirecU 277
ir
1771TIMn 1172771
Government entities rely Cphal Staffing for their contingent workforce needs. We've
established a 16 -year track record of on-time and on -budget delivery, and our clients trust our expertise
to navigate complex, high volume, multi -location, contingent staffing projects.
Our commitment to excellence in customer service sets us apart, and our 8 -hour perfect match
guarantee ensures that you receive the right personnel with the right skills for your specific
requirements. Whether it's temporary, permanent, or specialized staffing, Alpha15taffing is dedicated to
providing tailored solutions that meet the multifaceted needs of our esteemed government clients.
Family , and we have a deep understanding of teamwork and the critical role
each individual plays in the success of a project. We're committed to thorough and compassionate
execution of every deployment.
City of Miramar, City of Hollywood, City of Lauderhill, Lee County, and more - our team has
collaborated and serviced several large, multi-year municipal contracts throughout Florida and
neighboring states. More than 10,000 employees have been placed by using our temporary and direct
hire services since 2007. We have provided our employment services to several (past 8t current)
governmental and private agencies from 2010 -present.
Please see our capability statement enclosed for a full list of past projects detailing our
relevant experience.
. s .
278
Request for Proposal - Executive Search for the (BBCRA) Executive Director
caf =7-=1717 71"=
MUMMT-M
We understand the importance of swift yet thorough temporary placements. Our optimized process
balances speed with quality, ensuring highly qualified candidates and faster time -to -fill.
279
Request for Proposal - Executive Search for the (BBCRA) Executive Director
a =7-=11717 71"=
Proven SuccessStaffing's Success in Filling ` Assistant
Challenge:Director - Engineering Role for the City of Boynton Beach
The City of Boynton Beach faced a critical vacancy in the Assistant Utilities Director -
Engineering role, which had remained unfilled for over a year. This vacancy posed significant
challenges to the city's infrastructure management and service delivery.
Solution: Alpha 1 Staffing was tasked with identifying and recruiting a highly qualified candidate to
fill this crucial position. Our team of experienced recruiters leveraged their deep understanding of
the local job market and extensive network within the engineering and utilities sectors.
Results: Through a meticulous search process, Alpha 1 Staffing successfully filled the Assistant
Utilities Director - Engineering role within six weeks. The new hire possessed a strong track record in
managing complex utility infrastructure projects, implementing innovative solutions, and overseeing
engineering teams.
Key Achievements:
• Rapid Recruitment: Alpha 1 Staffing efficiently identified and presented qualified candidates to
the City of Boynton Beach, ensuring a swift turnaround time.
• Candidate Quality: The selected candidate demonstrated exceptional technical expertise,
leadership skills, and a strong alignment with the city's goals and values.
• Successful Integration: The new hire quickly integrated into the existing team and began
making significant contributions to the city's utilities department.
Impact: By filling the Assistant Utilities Director - Engineering role, Alpha 1 Staffing helped the City of
Boynton Beach address critical infrastructure challenges and improve service delivery to its residents.
The new hire's expertise and leadership have been instrumental in advancing the city's utilities
infrastructure and ensuring its long-term sustainability.
Request for Proposal - Executive Search for the (BBCRA) Executive Director
280
L77
a=77 MMV-7 711771
Alphal Staffing Search Firm, r in providingcomprehensive
talentl sixteen years. We specialize in executive search,
human resources, and payroll management, serving government agencies and private sector
clients nationwide. As a female, minority-owned and operated company based in Miami -Dade
County, Alpha1 is proud to be the largest employer of its kind in the region. Our commitment to
excellence, integrity, and innovative solutions positions us as a premier staffing partner for public
and private sector organizations alike.
Our success stems from our in-depth understanding of the public sector. We recognize public
agencies' complexities and challenges, from regulatory constraints to budgetary concerns. This
understanding allows us to offer innovative yet practical, results -driven solutions. We take pride in
being more than just a staffing firm—we are a strategic partner, sharing our client's goals to help
them achieve their organizational vision through People, Passion, and Professionalism.
Comprehensive is
Alpha1 Staffing offers a broad range of services designed to meet your organization's unique
needs. These include:
• Executive Search and Recruitment
• Corporate Strategy and Workforce Planning
• Training and Professional Development
• Organizational and Workforce Management
Our consultative approach ensures that each service is customized to address your specific
challenges and objectives. Whether identifying essential leadership, developing human resources
strategies, or addressing temporary staffing needs, Alpha1 Staffing delivers tailored solutions to
help your organization excel.
Alpha1 Staffing excels in the public sector, deeply understanding government operations and
regulatory compliance. We combine this expertise with private sector flexibility and innovation,
offering comprehensive staffing strategies to meet the needs of public agencies. With over 200
government and public sector clients across the U.S., Alpha1 has become a trusted partner for
organizations seeking to balance efficiency with regulatory requirements.
Our public sector knowledge allows us to work effectively with agencies like the Boynton Beach
Community Redevelopment Agency (BBCRA).
Request for Proposal - Executive Search for the (BBCRA) Executive Director
281
L77
a=77 MMV-7 711771
U f i
We are well -versed in the specific demands of redevelopment projects, economic development
initiatives, and community enhancement efforts—all crucial for the BBCRA Executive Director role.
Executive Search for Boynton Beach Community Redevelopment Agency (BBCRA)'s
Alpha1 Staffing is honored to lead the Boynton Beach Community Redevelopment Agency (BBCRA)
executive search to find a qualified Executive Director. This key leadership role is essential for
managing the BBCRA's diverse operations and overseeing redevelopment, economic growth, and
community revitalization efforts.
Position ite: Executive Director
Reports• r BBCRA Board
• Salary Range: $140,000 $210,000 (dependent on qualifications)
General Duties:
The Executive Director will manage the daily operations of the Boynton Beach Community
Redevelopment Agency (BBCRA) and oversee a range of redevelopment and economic development
initiatives, including:
• Fiscal operations, policymaking, and capital project management.
• BBCRA program implementation, property acquisition, business incentives, and new business
development.
Business attraction, retention efforts, and special business promotion activities.
• Manage and maintain BBCRA-owned properties to enhance the economic and physical character
of the BBCRA Districts.
Acting as a liaison to businesses and property owners, working toward revitalizing and enhancing
the BBCRA Districts through targeted redevelopment initiatives, capital improvements, and
branding efforts.
• Foster economic revitalization and community development within the BBCRA Districts.
• Oversee the management and fiscal operations of BBCRA programs and projects.
• Lead efforts to attract, retain, and promote businesses, driving economic growth and
sustainability in the area.
• Coordinate acquiring, developing, and maintaining properties within the BBCRA Districts.
• Act as a strategic partner in branding and marketing initiatives to promote the BBCRA District as
an ideal location for businesses and residents.
• This role is critical for ensuring that the BBCRA's mission of revitalizing the community and
fostering economic development is successfully implemented through effective leadership and
collaboration with key stakeholders.
• Alpha1 Staffing's Executive Search Process
• Alpha1 Staffing has developed a comprehensive executive search process to ensure that the most
qualified candidates are presented for the Executive Director role. Our recruitment process
includes:
Request for Proposal - Executive Search for the (BBCRA) Executive Dire 282
L77
a=77 MMV-7 711771
U f i
1. Candidate identification through outreach to professionals with experience in economic
development, public administration, and community revitalization.
2, Vetting and verifying all candidates meet the BBCRA's qualifications and cultural fit requirements.
3. Credential checks and background verification to guarantee candidates' qualifications align with
the position's needs.
4. Client collaboration: We work closely with the BBCRA Board to provide regular updates and
maintain transparency throughout the recruitment process.
• Garrie Harris, Project Manager, will oversee the search to ensure it meets BBCRA's expectations.
• Nakia Koonce -Gilbert, Senior Executive Recruiter, will lead the candidate identification and
evaluation process.
• Lauren Kingcade will assist as an additional resource throughout the recruitment process.
Fee Structure
Our retained search fee for the Executive Director role is structured as follows:
1. Stage 1: A fee of $10,000 is invoiced upon commencement of the assignment.
2. Stage 2: A results -based fee of 23% of the candidate's agreed first-year salary, minus the Stage 1
fee, is invoiced on the successful candidate's start date.
3. Should BBCRA hire additional candidates from Alpha1 Staffing's search, they will be charged 23% of
the candidate's agreed first-year salary.
III 111
Request for Proposal - Executive Search for the (BBCRA) Executive Dire 283
L77
a=77 MMF-7 711771
U f i
Proposed Recruitment l
Alpha1 Staffing will follow a detailed and structured schedule to ensure timely delivery of qualified
candidates for the Executive Director role:
• Week 1-2: Alpha1 Staffing will initiate the search process by reviewing the job description and
holding a briefing with the hiring manager. Research will commence, and we will begin developing
a list of potential candidates.
• Week 3-4: We will continue candidate research and refine our list of potential candidates for
further vetting.
• Week 5-6: Alpha1 will begin conducting interviews with the most promising candidates and provide
BBCRA with an initial list of top candidates.
• Week 7-8: We will complete candidate outreach and present the final shortlist to the City of
Boynton Beach. During this period, we will also coordinate interviews and assist with the selection
and appointment of the Executive Director.
Client tis i
At Alpha1 Staffing, client satisfaction is at the heart of everything we do. We take great pride in our
4.6/5 average client satisfaction rating. Every engagement concludes with a client satisfaction survey,
and the feedback is used to continuously improve our performance. We are committed to delivering the
highest quality of service to ensure the success of your organization.
Request for Proposal - Executive Search for the (BBCRA) Executive Dire 284
L77
a=77 MMV-7 711771
Finding the right talent for your city requires more than just resumes and interviews. That's why we
leverage the power of Avionte, our cutting-edge Applicant Tracking System (ATS) powered by
Artificial Intelligence (AI). This innovative technology streamlines the recruitment process and ensures
a higher quality of candidates for your municipal positions.
The Power of AI -Driven Matching:
Avionte utilizes sophisticated Al algorithms to analyze job descriptions and candidate resumes. This
intelligent system goes beyond simple keyword searches. It delves deeper, meticulously evaluating the
context and intent behind keywords, ensuring a more accurate skills assessment.
Beyond Keywords: Skills -Based i :
Imagine a system that can not only identify resumes containing relevant keywords but also score each
candidate based on their demonstrated skills and experience. That's the power of Avionte. It assigns a
weighted score to each candidate, highlighting those who possess the specific skillsets most relevant
to your city's needs.
Benefits for the CityBeach:
Reduced Time it : By efficiently filtering through a pool of applicants and prioritizing the
most qualified candidates, Avionte can significantly reduce the time it takes to fill critical
positions within your city departments.
• Improved i Quality: The AI -powered scoring system ensures a higher caliber of
candidates are presented for your review. This means less time spent sifting through irrelevant
applications and more time focusing on top talent.
• Reduced Bias: Al algorithms can help mitigate unconscious bias in the recruitment process. By
focusing on objective skills and experience, Avionte ensures a fair and meritocratic approach to
candidate selection.
Winning i i , Human ExpertiseTechnology:
While Avionte plays a vital role in identifying strong candidates, we understand that the human touch
remains essential. Our dedicated talent consultants leverage their expertise and industry knowledge
to interpret the Al data and present you with a curated shortlist of the best possible matches for your
city's needs.
Request for Proposal - Executive Search for the (BBCRA) Executive Directi 285
PERMANENT PLACEMENT AGREEMENT
Manpower & Boynton Beach Community Redevelopment Agency
Manpower ("Manpower") and Boynton Beach Community Redevelopment Agency ("Client"), in consideration of the mutual covenants
contained herein, agree to the terms and conditions set forth in this Permanent Placement Agreement (the "Agreement"). This
Agreement is only valid with respect to services provided by the Manpower branch location set forth in the signature block below, and is
effective as of the latter of the two dates set forth below the parties' signatures (Effective date),
1. Term and Termination. This Agreement shall be for a term of one (1) year from the Effective Date and may be renewed upon the
prior written consent of the parties. Either party may terminate this Agreement at any time upon thirty (30) days' prior written notice to
the other party at the address set forth herein. Client shall remain liable to Manpower for all fees and expenses due under this
Agreement for any candidate referred to Client, its affiliates, parents or subsidiaries, prior to termination, and shall pay such amounts
immediately upon receipt of invoice from Manpower.
2. Services. Manpower shall recruit and refer to Client candidates for permanent placement by providing resumes or candidate
profiles. All decisions concerning offers of employment are to be made by Client according to Client's business needs and other lawful
criteria. Manpower is committed to equal employment opportunity and, as such, does not discriminate in referrals, and does not
consent to discrimination by its clients, against any candidate on the basis of age, race, color, religion, disability, sex, national origin,
veteran status or any other protected characteristic. Client agrees to indemnify and hold Manpower and its employees, directors,
officers, subsidiaries and representatives harmless against any and all claims, loses and liabilities that arise from any hiring decision
made by Client hereunder.
3. Fees and Payment. Client agrees to pay a fee if Client hires or retains a candidate, in any capacity, referred by Manpower within
one (1) year after that candidate was presented to Client, regardless of whether Client learned of or could have learned of the candidate
through other means. As follows is the fee payable, which is a fixed percentage of Compensation* paid by Client:
Annualized Compensation Placement Fee
$140,000 - $210,000 Reduced direct hire rate: 15%
*Compensation includes base gross salary, gross compensation for services, fees, wages, guaranteed and/or anticipated bonus and
commission earnings, to be made to the candidate during the first twelve (12) months of employment.
If Manpower refers a candidate to Client that Client has interviewed (within the last six (6) months) or has scheduled an interview, Client
will not owe Manpower a fee if Client hires the candidate. Client shall provide Manpower with documentation, upon request, sufficient
to establish that the interview has been held or scheduled.
Client agrees to notify Manpower immediately of any offer to hire a candidate along with the date of the candidate's acceptance and the
details of the candidate's Compensation. Fees are to be paid by Client within ten (10) days of the invoice date.
4. Confidentiality. Client agrees to keep all candidate referrals, including without limitation any information on a candidate's
identification, strictly confidential. If Client refers a candidate presented by Manpower to a third party within twelve (12) months of the
referral, and the third party hires the candidate, in any capacity, Client agrees to pay Manpower a fee in accordance with the terms
herein. If the compensation of the candidate is not known, Client agrees to pay the minimum level of compensation for the hired
position based on any information provided by Client and/or comparable salaries in the market for such positions.
5. Guarantee. Except for a Client -initiated reduction in workforce, elimination of the position or insufficient work for candidate, if a
candidate hired by Client is no longer employed by Client sixty (60) days after candidate's start date with Client, and provided that
Client has paid all invoices associated with such candidate, Manpower will, on a one-time basis, use its best efforts to replace the
candidate at no additional cost. Should Manpower be unable to identify a replacement candidate within (the agreed upon period of
286
time), Manpower will refund to client on a pro -rated basis (based on the time the candidate has worked in the position) the fee paid by
the client.: 0-30 Days — 75%; 31-60 days — 50%
Manpower warrants, to the best of its knowledge, that all candidate information presented is accurate; however, Manpower shall not be
required to perform an independent investigation of the accuracy of any information provided by a candidate, including educational
background, work experience, immigration status and contractual obligations to prior employers. Although Manpower may perform
reference checks upon the request and at the Client's expense, such reference checks only provide answers to specific questions
asked, and they are not intended to be an exhaustive check of employment, education and other background information. EXCEPT AS
EXPRESSLY SET FORTH IN THIS AGREEMENT, MANPOWER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND
REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE SERVICES PROVIDED UNDER THIS AGREEMENT,
WHETHER EXPRESS OR IMPLIED.
6. Limitation on Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, REGARDLESS OF HOW
CHARACTERIZED AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH
ARISE FROM THE PERFORMANCE OF THIS AGREEMENT OR IN CONNECTION WITH THIS AGREEMENT, AND REGARDLESS
OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE).
7. Entire Agreement; Amendment. This Agreement contains the entire understanding between the parties hereto, and supersedes
all prior agreements and understandings relating to the subject matter hereof. No provision of this Agreement may be amended or
waived unless such amendment or waiver is agreed to in writing and signed by both parties.
8. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without
regard to any conflicts of law principles thereof.
IN WITNESS WHEREOF, this Agreement has been duly executed by authorized signatories of Manpower and Client as of the Effective
Date.
Boynton Beach Community Redevelopment Agency
100 E. Ocean Ave. I Boynton Beach, Florida 33435
Signature
Printed Name / Title
Date
MANPOWER
Ayoe,ea Caxpkll
Signature
Angela Campbell
Printed Name / Business Development Manager
Boynton Beach / Boca Raton
Branch Location
9.10.2024
Date
R10.1.10
287
PIHIR
Prime Headhunting & Recruiting, Inc.
iomi �uumipl p
mmoo0lip gNmumipl m i uu un!tuop0j�miii � unmuNli➢m mu iI�. �umupipiomiwp. ,mm�mmi0 ��tt 0�m��p uumip w�ovop 0u�u'..� vmmp@. �uomllouomiuu�� �� IP�� �� ��li � ������' S
��������� S
�W� �� , �`yl� ,, 111�ppl�l�I���1�kq �I ,��y �� ''pp�IYlu II "�,`„�q''M,,� ,�Q ��1�I\V"'�V, �W ^�,�\�r,0 Vu ��,w1Y`�� Q Q,'���1�g�";�,i���110VmoN"`��IINuu1M �INu u�Ul *�IllwN�'III� Illltl 41u��mlm�° �IIIIIIIIII lu,om°' V��li� "'�II@;Womuu I'111Iul00, '�I ll�uui�"II� tI���III� "'�1411�mmumm Ill�umuwiiiP �INI m�� "'��IIIIIIIII IMS ��9 "'�I�Ipm �N III � ,II "��IIINuu0l0 I�lmnvmu" AW uNu
You ii Ihe righ"tpeople I We gettheiiriii IIIit iresUlts
Prime Headhunting & Recruiting, Inc.
1501 Belvedere Rd., Suite 500, West Palm Beach, FL 33406
T: 800-722-9214 W: www.goprimehr.com
Palm Beach County Vendor ID:VS0000018491 DUNS:
117771441
FIN: 85-3699729
288
PIHIR
>l l"'' C I" "Xi I' 1�����I' II: ° IIIA � V���:l1l ;" �IIII ��� ��II����.R� � �� �����: , �l,.31�II: `:����� `.�' I��:�II: ��.1°°°°°uuu�" �.��I��:� 111 ���� l��[t, ������:����� �� .�� ������ A
Ciu ty of.Boyinton Beach
TABLE OF CONTENTS
COVERLETTER......................................................................................................................2
BACKGROUND AND QUALIFICATIONS.......................................................................3
CODEOF ETHICS...................................................................................................................4
METHODOLOGY AND APPROACH................................................................................5
SCOPEOF THE PROJECT.....................................................................................................6
PROPOSED TIME FRAME...................................................................................................10
COSTPROPOSAL..................................................................................................................11
GUARANTEE..........................................................................................................................12
Prime Headhunting & Recruiting, Inc. Page 1 289
(800)722-9214
P I H 11 R
September 10, 2024
VIA EMAIL
Vicki Curfman
Administrative Assistant
Boynton Beach Community Redevelopment Agency
City of Boynton Beach- Community Redevelopment Agency
100 E. Ocean Ave.
Boynton Beach, FL, 33435
Dear Ms. Vicki Curfman:
Thank you for the opportunity to submit a proposal to assist the City of Boynton Beach with their recruitment
efforts. We are always dedicated, regardless of the level of position, to finding and presenting qualified
candidates. Prime Headhunting & Recruiting, Inc., is pleased to present this proposal. Enclosed is our proposal
which outlines how we would partner with your organization to recruit the best individuals. It describes the steps
we will take to accomplish the recruitment and provide qualified individuals.
We have conducted countless executive searches which has made Prime Headhunting & Recruiting, Inc., an
expert in identifying, targeting, recruiting, and successfully placing candidates. Including women and minority
candidates in a vast amount of our recruitments. Our firm has a large pool of resources at our fingertips in order to
attract the best candidates, per opportunity.
Prime Headhunting & Recruiting, Inc., is committed to providing the highest level of service to our partners. We
take this seriously and have built our reputation on providing services of the highest quality. We highly value our
partnerships and we consider ourselves to be an extension of our clients. Prime Headhunting & Recruiting
recognizes the City of Boynton Beach's dedication and pride in their community as "America's Gateway to the
Gulfstream" and we would be honored to assist the BBCRA's mission to guide redevelopment activities along the
eastern edge of the City. In our efforts, we commit to ensure that each and every candidate presented for
consideration will also align themselves with the your organization's mission and contribute positively to the
vision of your community. We will be happy to answer any additional questions you may have. We look forward
to working with you on this very important project.
Sincerely,
4&r/
Alexa Sardinas, CSC
President
Vendor ID:VS0000018491
DUNS: 117771441
EIN: 85-3699729
Prime Headhunting & Recruiting, Inc. Page 2 290
(800)722-9214
11 IN
C, d ill" IIIIIIIII d P1111111 D h U P �.. V .F . � .ul'+ a .,iu IIIIIIIIII '
Prime Headhunting & Recruiting, Inc., is a national executive search firm specializing in the recruitment of C -Suite
level executives and professional -level positions. We are one of the leading recruitment firms and we are recognized
throughout the industry for the level of commitment we bring to the recruitment process, our exceptionally high ratio
of successful, long-term introductions, and our innovative approach to addressing the needs of both our clients and
our candidates.
Our industry expertise is matched by our unparalleled customer service and our ability to analyze client needs, create
a tailored recruiting strategy, and fulfilling vacancies with the right people. Our in-depth process involves sourcing,
screening, and qualifying the top talent in order to make successful placements.
All searches carried out by Prime Headhunting & Recruiting, Inc., are performed according to the highest standards
of professionalism and confidentiality. Confidential information divulged to us, in many cases, is vital to our ability
to locate the best possible candidate; we respect this information and conversely request that you treat any candidate
or general information provided by us with the same level of confidentiality.
Prime Headhunting & Recruiting, Inc., is an approved vendor through Palm Beach County with an active status -
Vendor Code : VS0000018491
We are certified by the State of Florida as an official (WBE) Woman Business Enterprise or a women -owned
business. We are proud to be recognized by the State of Florida as a business that is owned, managed, and controlled
by a woman.
To l�:�, 3 lII le 1 iu 4;^sii1 s o 9C IVB �a ul ° hili v ul ii ui ni P i,,011ah
aNN' (liura1III C,III III *\\1ll,111c"dIII1,�Jisi ii,i(' wSs
1. Tax Incentives
This is the greatest benefit. We all want to lower costs without jeopardizing quality. Working with a certified minority
or women -owned business can do just that. The state and federal governments offer tax incentives to companies that
do business with certified minority and women -owned businesses. They are also programs that reduce tax liabilities
for projects funded with federal, state grants, or loans when the supplier is a women -owned business. In certain states,
additional tax incentives may also be available. When you partner with Prime Headhunting & Recruiting, we provide
all the necessary certification documentation needed for your tax filing purposes.
2. Increase ROI and Lower the Cost of Procurement
A recent study shows that working with a certified business can increase profitability with as much as 145% return on
investment, offering competitive advantages for procurement organizations. In conclusion, the research determined
that procurement organizations who work with a diverse supplier base also had lower overall operating costs and
spent 30% less on their buying operations.
3. Increase Supply Channels
By partnering with minority and women -owned certified businesses you increase your sources for goods and services
permitting you greater opportunities to analyze options that best fit your organization's needs.
Prime Headhunting & Recruiting, Inc. Page 3 291
(800)722-9214
PIHIR
Prime Headhunting & Recruiting is a proud member of the NALSC (National Association of Legal Search
Consultants) and adheres to their Code of Ethics. The organization is committed to upholding the highest ethical
standards by requiring adherence of its members to the NALSC Code of Ethics®.
Relations With Employers
Information provided to employers shall be the most accurate information known to the search firm. No search firm shall withhold
candidate information which the employer would reasonably consider essential to its hiring decision. Candidates shall be submitted only (i)
with prior authorization of the employer or (ii) where the search firm, based on previous direct communication with the employer,
reasonably believes the employer would accept the submission. Confidential information relating to the employer shall be treated
accordingly. No search firm shall solicit any attorney from the office of an employer in which it has made a placement for a six-month
period following that placement, unless the search firm reasonably believes such a restriction is not required by the employer.
No search firm shall solicit a candidate it has placed while that candidate remains with the employer that paid the recruiting fee.
Relations With Candidates
Information provided to candidates shall be the most accurate information known to the search firm.
No search firm shall withhold employer information, which a candidate would reasonably consider essential to his or her hiring decision,
subject to the search firm's duties to the employer. Candidates shall be submitted to employers only with the candidates' express prior
consent. A search firm shall treat as confidential all information supplied to it in confidence by a candidate, subject to the search fn -m's
duties to the employer. Search firms shall make all submissions which have been authorized by the candidate and shall inform the
candidate of the results of those submissions in a timely manner. No search firm shall attempt to exert undue influence on the candidate.
ARTIC1...,E 111
Relations Among Members
Members of this Association shall relate to each other in a professional and ethical manner consistent with the goals of this Association.
Except for fee -sharing agreements between search (inns, no member shall make payments of any kind to gain business referrals or to
induce others into a relationship as a client or candidate. Members are strongly encouraged to bring to the attention of the Association any
violation of this Code. Members shall not commence lawsuits against other members, but shall arbitrate any Business Dispute or Business
Disputes (as defined in the by-laws of the Association) with other members arising out of their activities in the legal search profession in
accordance with the by-laws of the Association.
ARTICLE IV
General
No search firm shall make false or deceptive claims in any advertising, promotion or public relations materials.
No member shall discriminate in the provision of its services on the basis of race, creed, color, national origin, religion, sex, marital status,
handicap, age or any other legally proscribed criteria. Complaints under this Code shall be in writing, signed by the initiating party and
filed with the President of the Association. Members shall cooperate with the Association's investigation of alleged violations of this Code
and shall abide by its decisions. Sanctions for violation of this Code, which include censure, suspension and expulsion from the
Association, as well as procedures for hearings and appeals, are provided for in the Association's Bylaws. This Code neither supersedes nor
replaces the requirements of local, state, or federal laws.
Prime Headhunting & Recruiting, Inc. Page 4 292
(800)722-9214
A-1 ill .
up�lppppl �i
Many of our clients continue to use our services because of our forward -thinking, engaged communication,
contemporary approach, and our commitment to excellence. Our modern philosophy ensures thorough, thoughtful
and strategic sourcing, evaluation, selection, and vetting of candidates. We are responsible for ensuring compliance,
adherence to and maintaining all documentation throughout the process. Our comprehensive candidate submission
profiles contain the recruiter's write-up (an original composed summary) and the candidate's resume. This will ensure
the hiring manager has a clear understanding of who the candidate is, as well as their professional background and
qualification.
Our effort will include a variety of activities designed to build the best available candidate pool. In coordination with
the City of Boynton Beach, Prime Headhunting & Recruiting, Inc., will:
■ Passive candidate outreach - we will email invitations to targeted individuals in comparable organizations at the
appropriate level.
■ Advertisements - we will place advertisements on the appropriate on-line job boards.
■ Source/Identify prospects;
■ Verify credentials;
■ Provide each potential candidate with access to the full scope of the organization, and all of the pertinent
position details;
■ Capture interested candidates in our recruitment project database;
■ Provide the City of Boynton Beach representative's with data to tell the full story of each presented applicant.
Prime Headhunting & Recruiting, Inc., will advise the City of Boynton Beach on the qualifications of the candidates,
develop a short list of qualified candidates recommended for final interviews. We will provide a written summary
report from our interview process with the candidate(s) describing the overall candidate and the qualifications of those
recommended for interview. Once the short list is presented, the City of Boynton Beach will advise on who will move
forward in the process and interview with their hiring manager. We will plan, arrange, and manage all interviews in
coordination with the City of Boynton Beach.
A recruiting specialist will identify and evaluate the top qualified candidates. Once identified, the specialist will
ensure they are properly vetted and verified.
2. A senior recruiter will review the identified talent and confirm they are indeed a match, per opportunity.
3. Lastly, the President of the organization will then review the selected candidates to affirm our sourcing and
screening methods have been successful which will solidify our rigorous process to ensure the right placement.
Prime Headhunting & Recruiting, Inc. Page 5 293
(800)722-9214
ME
IIIIIIIIIIIII '�Il�liw, � O,, meE 0dWF µ d
llC ^ x ec t,,it i r (,.' D i rec() r
BOYNT014 Salary Range:
)pjuJpuiJg�M DEPENDING ON QUALIFICATIONS:
OPAMUIIIF ii��° i��' i�. ��.� �°AGEI10( $140,000 - $210,000 Annually
TITLE: EXECUTIVE DIRECTOR
REPORTS TO: BBCRA BOARD
SALARY RANGE DEPENDING ON QUALIFICATIONS: $140,000 - $210,000 Annually
GENERAL DUTIES:
Position manages the day-to-day operations, for the Boynton Beach Community Redevelopment Agency (BBCRA).
The Executive Director is a highly responsible position that oversees a wide variety of redevelopment and economic
development activities that include fiscal operations, policy making, capital project administration, BBCRA
program management, redevelopment plan implementation, property acquisition, business incentives, new business
development, business attraction and retention, special business promotion activities as well as the management and
maintenance of BBCRA-owned properties. The Position serves as a liaison to businesses and property owners with
the overall goal of enhancing the physical and economic character of the districts. Advanced professional work is
focused on revitalization and community enhancement within the BBCRA Districts through redevelopment, capital
improvement, and branding.
EXAMPLES OF ESSENTIAL DUTIES:
The examples as listed below are descriptions of essential functions and are not necessarily all inclusive. The
omission of an essential function of work does not preclude the BBCRA Board from assigning duties not listed
herein. Assigned duties, which are essential function of work not listed herein, are permissible if such functions are
a logical assignment to the position.
• Carries out the policies established by the five -member BBCRA Board which oversees the redevelopment of
the six BBCRA Districts.
Oversees the day-to-day agency operations.
Provides oversight and management of Federal/State Grant programs designed to assist with redevelopment
goals within the BBCRA area.
Provides comprehensive knowledge of redevelopment programs and their financing.
• Develops potential incentive packages, provides market assessments/impacts, and monitors development
trends.
• Writes developer requests for proposals for the purpose of disposing of BBCRA land for redevelopment.
Evaluates and drafts recommended updates and amendments to the BBCRA Plan.
Attend training sessions and conferences pertaining to BBCRA operations.
• Prepares and manages annual BBCRA budget and compliance monitoring with F.S. Chapter 163 Part III
(cont.)
Prime Headhunting & Recruiting, Inc. Page 6 294
(800)722-9214
• Assists with the development of capital projects included in the 2016 Boynton Beach CRA Redevelopment
Plan; tracks the economic impact of those projects on Redevelopment activities City-wide.
• Makes public presentations to the BBCRA Board, City Commission and other public/private organizations
regarding BBCRA redevelopment, BBCRA business, initiatives, and focus.
• Acts as a technical advisor to the Community Redevelopment Agency Board (City Commission) and
BBCRA Advisory Board.
• Prepares and manages BBCRA budget; identifies and accesses funding sources; maintains relationships with
funding sources; administers contractual agreements with other governmental agencies.
• Oversees the management and administration of capital projects within the BBCRA districts.
• Promotes and disseminates information about BBCRA activities to stakeholders through media, print and
social media; attends and conducts various meeting and presentations.
• Negotiates and administers contracts, incentives, developer agreements, and projects; administers same.
• Assist private developers and business owners with: site planning, zoning, platting, variances, incentives,
and other regulatory issues associated with redevelopment and economic development in the BBCRA.
• Attends monthly BBCRA Board meetings and City commission meetings in order to keep abreast of
activities and programs, and to provide information and/or answer questions as necessary.
• Represents the BBCRA at community meetings regarding BBCRA matters within the scope of the BBCRA
activities.
• Oversees hiring of BBCRA employees, consultants, and experts as provided for in
• the annual budget
• Supervises BBCRA employees, consultants, and special projects.
• Other duties as assigned.
• Ability to gain cooperation through discussions and persuasion.
• Ability to use good conflict resolution skills.
• Ability to manage complex problems with multiple stakeholders.
• Ability to interpret and apply the principles, practices, and procedures specified in Florida redevelopment
law.
• Ability to interpret and apply applicable Federal, State, and local laws, rules, and regulations related to
redevelopment programs.
• Ability to use Windows-based word processing, electronic mail, spreadsheet, and database software.
• An understanding of business attraction including lease negotiations in real estate.
• Ability to take the initiative to complete the duties of the position without the need of direct supervision.
• Ability to establish and maintain effective working relationships.
• Ability to serve the public and fellow employees with honesty and integrity in full accord with the letter and
spirit of all City ethics and conflicts of interest policies. A strong understanding of ethical behavior is
required.
• Ability to establish and maintain effective working relationships with the general public, co-workers, City
officials and members of diverse cultural and linguistic backgrounds regardless of race, religion, age, sex,
disability or political affiliation.
• Ability to maintain regular and punctual attendance.
KNOWLEDGE, SKILLS AND ABILITIES:
• Knowledge of public and private financing and various debt financing mechanisms.
• Knowledge of professional services contracting, bidding procedures, and contract administration.
• Knowledge of the principles of budget administration and financial forecasting.
• Knowledge of business correspondence and report writing.
• Knowledge of the basic functions of Community Redevelopment Agencies.
Prime Headhunting & Recruiting, Inc.
(800) 722-9214
(cont.)
Page 7 295
• Knowledge and experience with Public -Private Partnership developer negotiations and agreements.
• Knowledge of the principles, techniques and objectives of a Community Development Block Grant
program and HUD housing programs.
• Knowledge of economic development trends and techniques and the functions, operations and
relationships among local, state, and federal agencies related to redevelopment and housing policies.
• Ability to communicate clearly and concisely, orally and in writing.
• Ability to effectively analyze issues and problems and identify optimum solutions.
• Ability to plan, organize, and implement duties and responsibilities defined by desired outcomes and
objectives.
• Ability to gain cooperation through discussions and persuasion.
• Ability to use good conflict resolution skills.
• Ability to manage complex problems with multiple stakeholders.
• Ability to interpret and apply the principles, practices, and procedures specified in Florida redevelopment
law.
• Ability to interpret and apply applicable Federal, State, and local laws, rules, and regulations related to
redevelopment programs.
• Ability to use Windows-based word processing, electronic mail, spreadsheet, and database software.
• An understanding of business attraction including lease negotiations in real estate.
• Ability to take the initiative to complete the duties of the position without the need of direct supervision.
• Ability to establish and maintain effective working relationships.
• Ability to serve the public and fellow employees with honesty and integrity in full accord with the letter
and spirit of all City ethics and conflicts of interest policies. A strong understanding of ethical behavior is
required.
• Ability to establish and maintain effective working relationships with the general public, co-workers, City
officials and members of diverse cultural and linguistic backgrounds regardless of race, religion, age, sex,
disability or political affiliation.
• Ability to maintain regular and punctual attendance.
MINIMUM QUALIFICATIONS:
Bachelor's degree from an accredited college or university with a major in business, urban planning, finance,
construction management or related field and/or have a minimum of five (5) years' experience in the public/
private sector in a progressive city in real estate development, planning, project management, economic
development and/or any equivalent combination of training and experience. Master's degree preferred.
Affiliations or membership with trade associations exemplifying additional education is a plus, such as Florida
Planning Association, Urban Land Institute, Florida Redevelopment Association, International Council of
Shopping Centers, NAIOP, IEDC, or other related associations. Professional certifications are a plus.
A comparable amount of training and experience may be substituted for the minimum qualifications.
PHYSICAL REQUIREMENTS:
Must have the use of sensory skills in order to effectively communicate and interact with other employees and
the public through the use of the telephone and personal contact as normally defined by the ability to see, read,
talk, hear, handle or feel objects and controls. Physical capability to effectively use and operate various items of
office related equipment, such as, but not limited to a, personal computer, calculator, copier, and fax machine.
(cont.)
Prime Headhunting & Recruiting, Inc. Page 8 296
(800) 722-9214
SPECIAL REQUIREMENTS:
Possession of a valid, appropriate driver's license and an acceptable driving record.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential
functions.
Prime Headhunting & Recruiting, Inc. Page 9 297
(800)722-9214
E114
°"4i ...._ lug
Our initial search and identification of prospective candidates is usually completed within one to six weeks. Our
screening/interview process, leading to the presentation of a candidate short list, is also usually completed within
one to six weeks. As such, most searches are completed within two to eight weeks. Final selection however, is
dependent on both the clients and the candidate's availability for interview and the client's internal interview
and decision-making process.
The following is a typical schedule to conduct a thorough recruitment. However, we would be pleased to modify
this to meet your needs:
IIIb jl Clete4l ` Fill ni c" I lll,l i� .
Tl �imun
gym, f�
��* � 1(���✓ � IV�rv'iry' ��I��� Beach- ''�� iIIIP1' �!
l'1t � ttt'' °� �,��' n
P1 11111' IIE :1.: 111l1hi''Veeks I i.hri�ilamt:oa u�1t :1,: Initial client meeting; intake and advertise. Aggressive recruiting, vetting,
preliminary interviews, presenting qualified candidates as we recruit, and scheduling selected candidates to
interview with client.
P VIIII "i E 1: thA"ce ks 5 i lll[U'11�1l1:il[lgh 81111,i: Second client check point; to evaluate our recruitment efforts and ensure
we are presenting the ideal talent. Aggressive recruiting, vetting, preliminary interviews, presenting qualifies
candidates as we recruit, and scheduling selected candidates to interview with client. Second round of interviews
with the client.
" 1111 sl", °'I� � i uh1� , .h ri�iim:tf , Illi 2: Third round of interviews with the client. Final selection of the top
candidate. Finalize and complete any required professional reference and/or background checks as requested by
the BBCRA for the final selected candidate.
PI Lili,SE 1,1,: '''liiu''Ve'e'k IIII 3: Present offer letter to selected candidate and assist with all on -boarding needs, per
clients' direction.
Prime Headhunting & Recruiting, Inc. Page 10 298
(800)722-9214
ME
`
IV. b.E "T2. YA..1LL.�1. • ED SEARCH
A. Ll.
When partnering with us on a retained search capacity, consider us an extension of your organization actively
headhunting candidates, per opportunity. Our retained search provides you with the highest level of urgency and
commitment. This option provides thorough individualized recruiting for each position along with a team of
dedicated recruiters actively engaged on your account.
The fee for the entire search will be a flat -rate fee of $40,000.00 due and will be split into four even payments of
$10,000.00 each.
The total fee due for the project will be split into four payments made to Prime Headhunting & Recruiting, Inc.
The first payment will be calculated as one fourth of the total fee. The second payment will be calculated as an
additional fourth of the total fee. The third payment will be calculated as an additional fourth of the total fee.
The final payment will be calculated as the remaining fourth of the total fee.
FEE SCHEDUL,E
Executive Director BBCRA. Position
11111111L,, "sp Our first of four fee payments becomes due when the contract is executed (day I from execution of
contract).
IIla'iuu:se 1 luu��u„��i,�uuuu �uul �illuu ^ $ 10,000 1:0
III 1111.AIIID 1Our second of four fee payments becomes due upon the completion of Phase 1: Week 4 (day 29
from execution of contract; the first day of Week 5).
Phas! pa.'I�u 1111 10iirlM du c �'���I1:111111 1.0
111 1: .I Our third of four fee payments becomes due upon the completion of Phase 2: Week 7 (day 57 from
execution of contract; the first day of Week 8).
ha se 1 puui!u�ine111, duu(11 51.1:1,01111.011
II I, ,,%, IS 4: Our fourth and final fee payment becomes due upon the completion of Phase 3: Week 12 (day 85
from execution of contract; the first day of Week 13) or upon a candidate's acceptance of an offer of
employment (whichever comes first).
lIhase 4 pau111�iii'viciit duv �S Io,,000mo
Prime Headhunting & Recruiting, Inc. Page 11 299
(800)722-9214
PIHIR
Prime Headhunting & Recruiting, Inc., is dedicated to providing premier services, as well as substantial
guarantees of services rendered. We are committed to presenting only the most qualified candidates who not
only meet all the necessary core requirements and qualifications but are also a cultural fit for the City of
Boynton Beach. We proactively recruit for each search until a successful candidate is placed. Therefore, we
promise to present a range of candidates to the City of Boynton Beach that includes only those individuals
who have passed through our thorough screening process and have been identified as potential ideal
matches for the position requirements. Should the City of Boynton Beach's Recruitment Team disapprove of
all final candidates and/or should none of the final candidates be presented with an offer, we will work to
find a new collective of candidates to present.
In addition, we promise to conduct a one-time additional executive search to find a replacement should any
of the placed applicants leave the position or be terminated from employment within 4 months (120 days) of
hire due to performance issues. In either case, as described above, we will identify a replacement at no
additional cost to you.
Oil '�1111111�ii "I D, E P111111i ITA'
We understand that confidentiality is of the utmost importance when it comes to all things hiring -related.
We also understand the potential sensitivity of job applicants' information, especially when they are
currently still employed and don't want their employer to learn about their job search activities, or cases
where job applicants potentially know each other.
We will never share candidate information or application documents with any third parties. We will only
contact job candidates' current employers with their expressed permission (which we typically require
during the final stage of our due diligence).
Prime Headhunting & Recruiting, Inc. Page 12 300
(800)722-9214
«
�
�
mrm\
\im,\
a Z
m
:E
CD
0
Cl)
>.
-0
0
C:
co
>0
-0
0
4-
cn
U)
U)
.0
(1)
0)
3:
E
0
0(D
0)
U)
a)
3:
x
3:
ca
_0
0
a)
>0
C
o)
OEM=
X
a)
Ccm
0
q_-
(D
C:
0 -
L-
4-
0
E
o-
0
a)
cm
o
co
-4-
0)
-0
M
in
0
0
c
m
i, a\) O
M -
�+
i-+
./
M 6
U) L -0
t
N
co
�--+
}I
70 C Q
i
a)
N
m
E
a)co
O
0
G
�co
`o >
a
DC
a�
�
V(L)
U)
o a)
N
N U
> o °
z)70
70 0)
�_ —
70
:
E
5\
0 U)ca
1
C
O
m
"- E
O _O
>' U)
/7
-
aOZ
m L
� >
Q- U
N U) 0
-0 co
i
0
70
• E
Q - �^),
W
(a L
m .- 0
w :3 a)
i, a\) O
i-+
./
U) L -0
N
c Z5
m O
}I
70 C Q
i
a)
._ L
.5 U) i
E
E
O
0
�co
U)N}'�E�
a) 0
L
4—
70
:
E
C
V
_
ov C a) v) =
O _O
>' U)
U) _U
Q- U
N
as
o E m
L
N C)
CD
O
N c
-0 a)
N ca m m E
i
E °' o
N
O) �
.L
c
m U
1
L U O O
•
+�+
�
M C U)
.O
N
U) N � O
-
> :t_ O
O
O
O �' w Ca
U U)
U)
p O O O
1 O>, O U
i �
O cn (o ) L cn
O M a) C to
0 O 0O o 0 0
UO N �IIII N U c6
Q a=.*k C U
O }' Fo O
p +r 'KIIIII � m
O p a) II A- O O N
a�
u a — U t�
N 65 E p m EF: c
Q r ZLL Z O D
PlaCcc t !) /
2 cc n000
� cn
N
•�co— O O
Q LL
O LO co
N
LL O �� N c�
_ O N
i m � O � +�
M N U L O
�
O N � z �
} i CnLL
n O
- /0 0�
�GG� oa o�-
S
&W
0
u.
0
U) C)
04
m 0 M 0)
0 Q. CL
w E cn
w 0 N
0 co
o co
Z
U)
C)
eq
CN
0
E 0
U) M N
O LLJ
CL a)
E E
CO Q
—j
0 0
W.
(n M"A—ji:= . 2! n. ,
C)
CN
CV a)
E CL
0 -
IV H 1 0 0 0
cr a)tll 0 N
C,4
uiR + CY C:)
m d id.� — N
0
:z a) 0 MOE
X -0 0 Lu
CY
r M E CO
CD m0ty C14 r— 0
Cn 04
C
5, N:)
(1) -J 0
cn
E
LLJ LL
yn E MC14 0 " CN
(D 0 o 0.-- 0
L.L cN
in E c4 E
(D 0 0 U) 0 U)
(D
Lu 00
LL LL
cn
3: U-
0 co
o co
CN
0
Ll-
() cu
W
>
—j
o 0 0 cn
(D
a)
(n
a)
E M
-2
=
.2 > -a
0 c4
0
E o
k7E
a
w 0
< LL
LU U-
E
X N
uj
w
i
4—
O
O
O
c
U
E
L
O
a)
a)
cn
z
O
m
Q�
O
O
O
a)����
>
N
C6
-�
U
d
0
O
O
O
p
U
C
+�
`--
�
�
L.>
�
>p
ia—
Ov
N
N
U
X
u
U
m
O
a)
a)
N
a
N
>
L
�_
,Q
O
G
.�
L
•O
N(n
a)
V
C
(�
U
N
�
�
a)
OL
o
uS
>
E
a
O
W
UUMMO
a)
CUA
U)
E
N
O
E
=�
U)
a)
L
>,c�
�_+
Z3
L
>
M
0).L
-,.
C
a)
cn
co
-a
o
w
3
c
a)
O
U-
a)
U
>
O
U
a)
(a
o
O
L
m
00
O
EM
O
N
�
E
o
>�
O
-F
a)
M
C
cnUt
cu
a)
0
Z
'
+r
c6
'0
cu
U
N
N
•L
p
Q
O
�=
M
O
Q
Q
��
�
a)
Q
—
0
Co
a)
coO
L
Q
C:
-�e
Co
a)E
--+
m
W
ca
S—
a)
a)
a)
a)
Q
4-
�
a
L
O
O
N
_
�
O
�+
4--
C:
N
c
LU
�E
cu
U
��+-
>
+
E
m
O
�+,
co
U
U
N70
a)
a)
T
E
m
04M
C:ca
co
O
"
. N
O
}'
O
C7
O
Q
m
E
-a
�
Q
cn
O
Of
.S
U
J
O
N
,g
39
1l —
M6
�
C.4riN
L
N
N
�
0
ca
0)
C
ca
U
i
> E
>
•L
,
,ZD
a
L O
O
+�
L y/=�
/^-;
lL `v
a o 0
i/)
Q 'v> •U Q
C
ne
LO Q
N%J,,.,
'wyg6 lo
4-- Jao MU
O ��..//••��
Ol
u iiiimiiiu
T cv cv �
O
y
0�
QO O
cn 1 O +r Q
�� � O
LU
C: 0- z U 6
Cuj
N O Q O m
E cn u •D Q
QQQ2Z
co
E
};
C
u
L
W
CO
cn
a°„
L
•
�
iii»,,
L
y
C
O
O
Do
71
E
N
Lij
N
L
+=
C:
O
�
�
C=
°
(n
CD
C
zz
Q
acd
N
0 >
c
V
>
to -
C
U
C
I
Ill
I
X
�r
ml
mI*
m
41,
NSA
E
ml
mI*
m
I
m
rl
�E
u)
E2
I c:
ID
M
>1
E
4-
0)
Co
-Fa
co
E
-
x
cn
_0
-5
cu
0)
C'O
c•
2)
4-
>•
a)
c
C:
-0
0
L -
cu
-1�
EM
0
0)
a)
=
,-
0-
0
0
M
+
co
a)
cn
>,
C-
=
C)•
c)
(n
--5
>
oC
a)
0
CO
0
0
0)
a),—
0
0)4-
E
0-
-F
15
•
0
C:
C:
0
C-
C/)
_0•
C)
-0
0
0
0
-
F-
0
o
Z
co
a)
cn
•
C
0
0
0
_0
-0
0-
0)0-0
U-0
-Fa
0
C'14
a)
CU
-0
cn
a)
E
C:
a)
CD
N
0
-0
L-
0
a)
C:
a)
>
C:
0
4-
Fu
a)
>
:3
-0
Co
CL
0)
m
0
0
a)
-
a)
D
"
0
c-
ZZ
0
0
CL
0
x
a)
U)
:6
"
0
>
0
0
>
o
4S
m
0
o
rl
�E
u)
E2
I c:
ID
M
19
m
rel
I
H
KOM
N
w
I
Al
a
c:
a) 0 M a)
E—._
(n
U) a) a)
a)
ch
:E a) �6
C: C:
0
CD -
0
(D
(D
>
0 a)
= *a
C
cm a)
C: C: .2)
co E w =
cm E
C:
U)
0- a)
0-
cn a)
M Cc CD
-0 U)
a
o E r-
-0
5 0 CU 2 o
X CD - CU 0
C C: >
(n .!Q
in cn
0 U)
Co Co D
x(n U)
'= ZD-
, 70 -0 Co
O - m CL
r a- . Lz a)
U) C:
(Z
C
0
0 0
0)-o
M L;-- U)
(Z (n 0) C:
E o
,-'a
0 a
LL M
I
U)
- (1)
-E
m .0
co
Fma)
E
cri
4-
L.
pro®�
Z3 a)
C: C:
0
0
0 Ea)
-a
a .2
0
__
Uv
(D
Q)
a)
C
0
m
a)
ro
-t
a)
0 0
M
M
lic
E
-0
U-0c
W 'a
-0
w -ai
L-
o
=
5
m
U-
Cn LL
.
s
a
a
a
a
c:
a) 0 M a)
E—._
(n
U) a) a)
a)
ch
:E a) �6
C: C:
0
CD -
0
(D
(D
>
0 a)
= *a
C
cm a)
C: C: .2)
co E w =
cm E
C:
U)
0- a)
0-
cn a)
M Cc CD
-0 U)
a
o E r-
-0
5 0 CU 2 o
X CD - CU 0
C C: >
(n .!Q
in cn
0 U)
Co Co D
x(n U)
'= ZD-
, 70 -0 Co
O - m CL
r a- . Lz a)
U) C:
(Z
C
0
0 0
0)-o
M L;-- U)
(Z (n 0) C:
E o
,-'a
0 a
LL M
I
D
CN
C-)
CY)
co
LL
Q0
LC)
(N
(3)
cz
co
O
U)
(n
E
(n
M
L)
U)
c
co
a)
-0
U)
N
i
H
wH
CO
0
0
cn
U)
0
>
a)
U)
0)
-'j
"
L-
(1)
(1)
(1)
>
L-
C)
+
C:
(D
0
0-
C/)
3:
(D
(1)
70
C)
>
L-
C:
a)
E
>
0
0
0
0
uj
0
0
m
m
0
O
-0
(DL
J
0
70
L-
0
-0 m
0)
7C3
0
C)
L)M
4-
0
cu CL
0
-0
:3
4-
(D
0-
L) D
in-
�
0
0
<
0
o
0
cn
CD
ti
CD
>
(D
M
rr
U)
(n
t!
0
m
CL
CY)
(1)
c1r)
co
w
U)
Ln
IL)
ca
0-0
E2
E
0
E
0
0
m
>
E '0
Z)
U)
0
FAY
FA
.0
Am
I
lj 42,
;2l
Cd
CIL
E
IM
z
0
3
FAY
FA
.0
Am
I
w � w
"Lc"J n i
e3 �
CY !U O yy i
U
`- - pa c r c c
� a c c
fY
d U
s3 Y py aoa
O CL'
� C � F o• � u "' � L: , rry� �iaa,�i0000in ����� �iii,,,,,,,�� :(u
v ro re c J
O. WrvryCC U
m
O Qd ri
` c:v
CL
v
r
o
m
a
a`.
CD
cn
IIIIIIIIIIIIIIIIIIIIIIII�=IIII�IIIIIIIIIIIIIIIIIIII
Jr
t Ir
t
9
o
0
U
a
U
w
1-3
13
13
1
t Ir
t
9
LIr
t
U
a
^L
g
C
9
L
C
L
9
Fid (�
FJ
�
Fid
FJ
N
GJ
C
LI
LL
0
I
H.i
E
I
M
Im
C-
4-
V�
0
Q)
4�
V)
•
.0
C
4�
(3)
4-
L-
u
ro
-a)-
c m
m
ro
0
Ca
m u
ur)
0
u
U
L
-0
L-
M
0•C-
t) O
0
0
0
aj
aj
W M
E
.
'Z
0-
U
u
cu
QJ
mc-
-0
CU
(1)
(1)
iE
(3)
E
-o
o
-
_0
E
-3
u
(LI
-Owo=ococl)
m
-0
U
m
-0
m
u
(n
Im
4-
V�
4-
0
(A
4�
V)
•
V)
<
C
-
C•
(3)
_0
-a)-
c m
m
Ca
m u
ur)
=Ew—co"oc8
0
0
V) U
(31
W M
E
Im
I.
-0
2)
0)
(1)
0
CO
co
LL
�w
m
m
(n
-z'
m
0)
U -
U
!E:5
0
M
—
M
CD
Cu
0
-0
-0
E
-0
C:
0
W
-ac
WOW
0
000<
0-
0
C)-
Q)
t
7
E
2:
-0
U)
Q)
o
Q)
o
a)
_0
>1
D-
co
0
co
�m
M
=
—
E
(D
0
a)
0-
E
>
U)
0
_0
0
0
C:
C:o
E
E
76
E
w
(D
0
0
-5
00
0
E
E
=`
co
(1)
m
CoU
0)
M
0-
m
0
-0
-0
o
0)
C
0)
M
M
®
CD
0
m
— .-
a
a)
(1)
M
-
C)
0
M
!E
C)
C:
C:
cu
C:
C)
LO
69
m
(D
m
C:
LO
E
—
0
CU
0
0
o
N
—
-0
M
0
—
Z�
0
E
0
-0
M
—
M
0
-15
C:
0
0
>
U
w
cn
t0
(n
_0
M
w
a)
0
x
L --
7�
:3
-0
D
cn
0
�a
U)
C:
0
a) 6 Q
CD
U)
0
2! 0
(D
E
:5
ani
0
o
0
C)
x
-r- 0 Ca
LU
0 E
co
Q) 0)
0 0 0)
0
GO (D
—.r-= cu
0
N
ly-
Q-
0
o
>, U _j
ca
-0
10 2 Z
co
_0
0
42
C: `flf, =
m u-
2! -�5 -D
0
(D 0
LL I,%% U
Q (D
a) 70
.r- E 0)
U)
7 7D
-0
C:
a)
— a) 0 — -2 0
M. U) 0
0 > L)
C:
MOM
0 —
C: mo-.W—C:—
o—ww
(DM>�
m
>Co-
Co -0 CL 0) ;6 a) :3
0 a)
M -0
V) 0
E E U— t�
-0 0
co c
U) U)
a)
_0 C
a) 0
Ea) cn
co 0
co -a
0) o C: E
a) E
Q) 0- 75 -0
C 70 > 0
.— C: a) o
cu Co -
0 - 0
N Q>
0
0
(D
0 co
0 (D
D
U)
< C C:
Co
m E>
0- X M
u) E
0)
-0 cc in C:
0
ma)
ID Co
(D
!E wL
-0 0 3)
0
U)(D
'0
m 0 C:
70
<
0) 0 Co
t
0 < a) a) co
-0 2 6-
c: E . D
C: .— W
=5>2
cu E
0 CUX
U) -2 (D
U) M U)
C:
> C: U- C) In
U) 0
o c
0 (D U)
0
_0 d_0
M
0 0
a) -d5 -0
o —CU
C
M a
4=- -0 a) co >
a)L) >
U) 0
0
a) > 0 C13
.E
U) 0 0
a)
0 co s -0 S
p C 0 co
C: :3
C: 0 cn M
S cz <
(D 0--a
= (n =
-0 c
L)
0 C: >
0- c
0
c E 0
.
LL 0
6 E t
_0 -0 0-
0 a)
U) 0) m
a) (D M r-
-
-iz:
- 0
M a) a) >
0 c: CD
m
a) 5 C 0)
M 0- M
C: ME M L- co 0
-0 a)
3: E L
70 70 0) C:
L) c: E
co <
x
0 0 a
C: U) a)
> a) .2 cu c:
0
M a)
— :3
0 a) 0 m
0 . 0
M 0 (n -0
a)
_r_ a) r -
0)
(n 0 0
—0
cn U-
M 0 a)
o
UY a)
0) 0
-0 U) —0
(D 0)
M
0 Co
> < 0
0 'Z-- 0 -
C6 �M- -0 Co
Mn
E
CD 0 0
V) -0
t a)
0 (D 0 cy-
< m
0
> _0
X p
0 (D-
(10 r -
-0 (D
>
0- c :t2 (3)
-0 o aL -Z6
o c
0 U) Co -0
, , P 0) (1) >
0
'a
-C
(D
C:
co n r =
M a) 0 ca.
(n
0 0
3:
U) z i a) 0-
0
— E cn
_0
0 0
> o c Z u a)
— M > (D 0
0 -0
>
E (D
0 cam
(n
CY) s a)
LL (D t�
0 o 0
E 6- co 0)
o
Asa (n
n
(n 0
xC M 0 (D — 0-
0 m
C:3
m
CL
0
Cr
. 2 E r-
0) m 0
m 0 0 0
m -0
'— 70 0 n
�g —
>
(D -0 r- M
>
ro
o
C: 0 (D
m "0
E 4) - U)
IN (0 -0
c: a) - (1)
:-
m -0
r C)) =
0
:5 a) 5
(n 0
—
0
.—
-
- a 0
x
In
0 - C: . T) cn.
03) a) a)
:6
0
U) m
0 ca (D
c w 0
C, 0 M >
-0
m 0
0
0 0
cf) 0
C: 2: > a) CD
-0 U) (0
L)
a) U)
c 0 C)C
M
CU > (D
(D (D
U) (n LL')
a) M —
C:
U)
a) 0
_j
U) I=
E
(D
E —0 a)
D
000
0
a) ff -a
0
COE
a)
cmmomuw(nb
-a a)
to)=25)t
a) 0 = 0
U)
— o 2 �5 -E _or_ u-
5; _0 --.) — =
>
Adr
I
I
0
'E
C(D
/)
m
IL 0- IL
4) 0 (D
E 'E E
(D
U)
A�M
W,
Im
I
September 11, 2024
Contact Name
Title
Client Name
Address
Address
Dear Name:
Thank you for retaining the Executive Search Practice Group of Robert Half International Inc. ("RH"), to assist you in
identifying and selecting candidates for the position of Executive Director for Client Nanie (the "Search Project"). We are
confident that you will benefit from the integrity and thoroughness of our work, and we are excited about working with
you on this Search Project.
Our Responsibilities
Upon your acceptance of the terms outlined below, we will work with you to create a Position Profile that will summarize
information about your organization, the position and its role in the organization, and the profile of your ideal candidate.
This Position Profile is intended to document our mutual understanding of your needs for this Search Project and may be
revised as the Search Project progresses. That document will be the basis for discussions with potential candidates about
the Search Project.
We will communicate with you regularly and provide Search Project status updates throughout the course of this
engagement as we jointly work toward your final candidate choice. You will receive a candidate summary for each
candidate we present to you, and we will coordinate the schedule(s) of the interview(s) when necessary. After the
interview(s), we will give candidate feedback to you and your stakeholders regarding the results of the interview(s) and
our suggested next steps with each candidate.
We will conduct reference checks and document the results in a final Reference Report. Our reference checks consist of
asking specific questions of selected references with regard to the facts of the candidate's career history, to the extent such
information is available from past employers. To the extent permitted by applicable law, Robert Half will have a third
party vendor (i) perform a Social Security Verification and Trace, (ii) confirm any licensure or certification required for
the position, to the extent such information may be verified, and (iii) verify the highest degree earned from a U.S. or
Canadian college or university as indicated on the professional's resume. If Client requests a copy of the results of the
foregoing checks (the "Report"), Client agrees to keep the Report strictly confidential and to use the Report for
employment purposes only.
Client Responsibilities
Your key responsibilities in this process include being timely and responsive in reviewing potential candidates with us,
scheduling and interviewing candidates, providing substantive interview feedback, completing such reference checks or
background investigations and due diligence as you deem necessary, and keeping us informed of any significant changes
that may impact the position. All information from RH in regard to this Search Project must be kept confidential by you,
shared only with those who are directly involved, and used solely for purposes of this Search Project in accordance with
applicable law.
Fees and Expenses
Our fee is ordinarily thirty-five (35%) percent of the hired candidate's total first-year compensation; however, for this
Search Project, we have reduced our standard fee to twenty-five (25%) percent of the hired candidate's total first-year
compensation (e.g., base salary, target bonus, sign -on bonuses, and any other cash components) (the "Fee").
RH requires the payment of an initiall retainer fee for this Search Project. For the Executive Director search, our initial
retainer fee will be based on a projected compensation of S 150,000. Thus, our initial retainer fee for this Search Project is
$37,500.
Additionally, for this Search Project will charge you a flat administrative fee of $5,000. The principal costs that make up
these administrative fees include all administrative support, along with verification of candidate education, license(s), and
certification(s); and supplemental candidate research costs and any supplemental candidate databases specifically related
to your search.
C 2624 Robert I Ialf International Ioc. All rights reserved. This material is the conildentia] property of Robert I Ialf International Inc. Copying or reproducing this material is strictly
prohibited. All violators shall be prosecuted to the fitllcst extent of the Iain. Robert half international Inc. is an Equal Opportunity Employer
321
rh 'lei►..
For your convenience, the initial retainer fee and administrative fee will be invoiced in four installments as follows:
• Upon the execution of this letter agreement, the first installment of $14,375 will be invoiced ($9.375 first retainer
installment, plus $5,000 administrative fee);
• Thirty (30) days after your execution of this letter agreement, the second retainer installment of $9,375 will be
invoiced;
• Sixty (60) days after your execution of this letter agreement, the third retainer installment of $9,375 will be invoiced;
and
• Upon offer and acceptance of a candidate, the fourth retainer installment of $9,375 will be invoiced.
If an individual accepts an offer of employment from you, or if you engage any individual as a consultant or contractor,
the entire Fee shall become due and payable immediately regardless of whether you had prior knowledge of such
individual or whether such individual was referred to you from another source.
When the Search Project is completed, we will reconcile the amount of the Fee actually paid by you and the Fee due to us
using the total first-year compensation including salary, target bonus, sign -on bonuses, and any other cash components.
We will send you an invoice should the first-year compensation package exceed the projected compensation package used
to establish the initial retainer fee. Should the candidate be employed at less than the projected compensation package
used to establish the initial retainer fee, the Fee is then equal to the initial retainer fee and is deemed earned.
Finally, we will invoice you for any direct expenses not paid by you. These expenses include, but are not limited to, RH
consultant and candidate interview and travel -related costs. Payment of our retainer fee, and direct expenses is not
contingent upon the placement of one of our candidates with you. Our invoices will include appropriate taxes, if
applicable. All invoices are due upon receipt.
Additional Search Completion(s)
In the event you find more than one candidate from the candidates we have discussed with you in the course of the Search
Project to whom you desire to offer employment, a fee of twenty-five (25%) percent of the candidate(s) total first-year
compensation including salary, target bonus, sign -on bonuses, and any other components will be invoiced at the time of
the individual's acceptance. Any candidate identified by RH during the progress of this Search Project and hired by Client
Name, its successor, business unit, subsidiary, or affiliate within twenty-four months of our introduction will be
considered an additional search completion.
Guarantee
If the original executive who RH places with you (the "Original Executive") ceases to be employed by you for any reason
except disability, death, reorganization, elimination of position, takeover, or material change in job responsibility, within
six (6) months of their written acceptance date, RH will search for a replacement to fill the original position (a
"Replacement Executive"). In the event the Replacement Executive's total first-year cash compensation is more than the
Original Executive's first-year cash compensation, you agree to pay RH the difference between the Fee paid by you to RH
for the Original Executive and the Fee due for the hired Replacement Executive, and you agree to pay any pre -approved
expenses incurred by RH in seeking a Replacement Executive. If the hired Replacement Executive's first year cash
compensation is less than the Original Executive's fust -year cash compensation, the Replacement Executive's Fee is equal
to the Fee paid for the Original Executive and is deemed earned and paid. All references in this paragraph to "total first
year cash compensation" shall include total first-year compensation including salary, target bonus, sign -on bonuses, and
any other cash components. This guarantee applies only if (i) you have paid the total Fee, administrative fee, and any
direct expenses for the initial search as provided in this letter agreement, and (ii) there has been no material change to the
original Position Profile.
Limitation of Liability Language:
Our liability to you, if any, will (in the aggregate for all claims, causes of action or damages regardless of the basis on
which you are entitled to claim damages from us including fundamental breach, negligence, misrepresentation, or other
contract or tort claim) be limited to any actual direct damages up to an amount equal to the fees actually paid by you to us
for the services that are the subject of the claim. Under no circumstances are we liable for any special, incidental,
exemplary, indirect, or consequential damages (including, but not limited to, lost business, profits, revenue, goodwill, or
anticipated savings), even if informed of the possibility.
Project Staffing
Victor Neaty will be the lead Senior Managing Director on the Client Name Search Project. Victor has a strong search
background and has worked with diverse firms in executing their search and placement needs. Victor will be assisted on
this search by the Principals and Associates at RH.
0 2024 Robert Half International Inc. ALL tights reserved This material is the confidential property of Robert Half International Inc. Copying of reproducing this material is strictly
prohibited. All violators shall be prosecuted to the fullest extent ofthe law. Robert Half international Inc. is an Equal Opportunity Employer
-
322
Acknowledgement
Please indicate your acceptance of these terms and conditions by signing and returning one copy of this letter agreement
via email to Victor.Near"d oberthalf com as soon as possible. Please keep a copy for your records. If desired, we will
forward an electronic signature version for your review and completion. As soon as we receive this signed letter
agreement, your search project will commence.
We truly appreciate your confidence in our ability to conduct this important Search Project with you and look
forward to working with you.
Agreed to this -- day of ----, 2024.
Victor Neary of the Executive Search Practice Group of Client Signatory Name of Company
Robert Half International Inc.
0 2024 Robert Half International Inc. All rights reserved This material is the confidential property of Robert Half International Inc. Copying of reproducing this material is strictly
prohibited. All violators shall be prosecuted to the fullest extent ofthe k— Robert Half international Inc. is an Equal Opportunity Employer
-
323
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII,�00�U'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
NEW BUSINESS
AGENDA ITEM 15.13
SUBJECT:
Discussion and Consideration of Issuing an RFQ for Design Services for the Boynton Harbor
Marina Seawall
SUMMARY:
The CRA owns and maintains a seawall at the Boynton Harbor Marina located at 735 Casa
Loma Blvd., Boynton Beach, FL. The CRA purchased the marina in 2006 to ensure public
access to Boynton Beach waterways and the preservation of the commercial marine industry
in the CRA area. It is one of the few remaining publicly owned commercial marinas in Florida.
There are 19 commercial business marina slips servicing approximately 36,000+ patrons
annually.
Due to the age of the seawall, CRA has had inspections conducted in 2015, 2022 & 2024. It
has been determined that the wall remains stable but is nearing the end of its life expectancy.
CRA staff has been seeking Federal funding to help mitigate the cost of the seawall
replacement. To date, the Boynton Harbor Marina Seawall replacement project has been
awarded $1,383,069 by the Federal Emergency Management Agency (FEMA) (see
Attachment 1). On June 5, 2024, the CRA received an email from the Office of Lois Frankel,
that the project was again part of the fiscal year 2025 Homeland Security Appropriations Bill
which includes $1,150,791 for the Boynton Harbor Marina Seawall replacement project (see
Attachment 11).
If the budget is approved by Congress, there could be a total of $2,533,860 grant assistance
toward this project. The commercial seawall replacement will assist in the preservation of the
"working marina" and ensure continued public enjoyment of the Intracoastal Waterways and
reduce slum and blight by preventing potential loss of life, property destruction, and the
repetitive damage caused by hurricanes, tornadoes, major rainfall, and other severe weather
events combined with sea level rise and flooding.
When public entities hire professionals who provide engineering, architecture, surveying,
mapping, and landscape architecture, a Florida law known as the Consultants' Competitive
Negotiation Act (CCNA) mandates that a public agency use a qualifications -based selection
process. The qualifications -based selection process is designed to promote selection of
professionals based upon their competency, qualifications, and experience.
324
In order to move forward with the seawall replacement project, the CRA must seek proposals
from experienced and qualified firms to provide engineering consulting services for design,
permitting, bidding and construction administration. CRA staff has prepared an example
Request for Qualifications (RFQ) for the Board's review and discussion (see Attachment III).
Staff is seeking authorization to issue the RFQ for Design Services consistent with Federal
Requirements and bring back the firm rankings for Board consideration prior to negotiation.
Prior to issuance of the final RFQ, FEMA will need to formally award the project funding upon
completion of their environmental review. If FEMA approves the funding, any required Federal
provisions from FEMA will be added to the RFQ by staff prior to advertisement.
FISCAL IMPACT:
FY 2024/2025 Budget - N/A
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan
CRA BOARD OPTIONS:
1. Authorize the Acting Executive Director to issue the RFQ for Design Services consistent
with Federal Requirements and bring back the firm rankings for Board consideration prior to
negotiation.
2. Provide alternative direction based on discussion by the CRA Board.
ATTACHMENTS:
Description
• Attachment I - FY 2024 Notice of Funding Opportunity
• Attachment II - OLF Notification FY 2025
• Attachment III - Draft Example RFQ
325
The U. S. Department of Homeland Security (DHS)
Notice of Funding Opportunity (NOFO)
Fiscal Year 2024 Pre -Disaster Mitigation (PDM) Grant Program
The Fiscal Year 2024 PDM rant
ram is limited to the projects and entities identified
" " DHS Appropriations -Explanatory
Division C of the Further Consolidated " ,
in the table starting on page 59 entitled "Homeland Security Community Project
Funding/Congressionally Directed Spending." This funding opportunity is not open for
other activities, projects,or
SUMMARY OVERVIEW OF KEY INFORMATION
Pre -Disaster Mitigation Grant Program
Issuing Agency
U.S. Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA)/Resilience/Hazard Mitigation
Directorate/Hazard Mitigation Assistance Division (HMA)
Program
The Pre -Disaster Mitigation (PDM) Grant Program makes federal funds
Overview
available to state, local, tribal, and territorial governments to plan for and
implement sustainable cost-effective measures designed to reduce the risk
to individuals and property from future natural hazards, while also
reducing reliance on federal funding from future natural disasters.
Objectives
The objective of the FY 2024 PDM Grant Program is to fund Community
Project Funding/Congressionally Directed Spending (CDS) projects for
state, local, tribal, and territorial government efforts to plan for, and
implement sustainable cost-effective measures designed to reduce the risk
to individuals and property from future natural hazards, while also
reducing reliance on federal funding from future disasters.
Eligible Projects
• Capability and Capacity -Building activities — activities that
enhance the knowledge, skills, and expertise of the current
workforce to expand or improve the administration of mitigation
assistance. This includes activities in the following sub -categories:
project scoping, hazard mitigation planning and planning -related
activities, and other activities;
• Hazard Mitigation Projects — cost-effective projects designed to
increase resilience and public safety; reduce injuries and loss of
life; and reduce damage and destruction to property, critical
services, facilities, and infrastructure (including natural systems)
from a multitude of natural hazards, including drought, wildfire,
earthquakes, extreme heat, and the effects of climate change;
• Management Costs — financial assistance to reimburse the
recipient and subrecipient for eligible and reasonable indirect
costs, direct administrative costs, and other administrative
expenses associated with a specific mitigation measure or project.
FY 2024 PDM Grant Program NOFO
326
2
Deadlines
Application Start Date: 05/24/2024
Notification of system -related issues: 06/28/2024 at 3:00 PM ET
Application Submission Deadline: 06/28/2024 at 5:00 PM ET
Funding
Available Funding for the NOFO: $190,568,289
The Joint Explanatory Statement (JES) accompanying the FY 2024 DHS
Appropriations Act identifies the maximum funding available for each
PDM project.
Eligible
Eligible FY 2024 PDM grant projects were identified in the JES
Applicants
accompanying the FY 2024 DHS Appropriations Act; only those
associated PDM projects are eligible to receive funding under this grant
program. Those PDM projects are identified in Appendix A of this
NOFO.
Cost Share
The cost share for the PDM program is 75% federal and 25% non-federal.
Cost share for the PDM program is adjusted to 90% federal and 10% non-
federal for the following communities:
• Local governments meeting the definition of small impoverished
community
• Federally recognized tribes meeting the definition of small
impoverished community
All entities wishing to do business with the federal government must have a unique entity
identifier (UEI). The UEI number is issued by the system. Requesting a UEI using System
for Award Management (SAM.gov) can be found at: hqps:Hsam.gov/content/entily-
registration.
Grants.gov registration information can be found at: https://www.grants. ovg/re ig ster
Updates in Grant Application Forms:
The Data Universal Numbering System (DUNS) Number was replaced by a new, non-
proprietary identifier requested in, and assigned by SAM.gov. This new identifier is the Unique
Entity Identifier.
Additional Information can be found on Grants.gov: htWs://www. r�gov/forms/forms-
development/planned-uei-updates
FY 2024 PDM Grant Program NOFO
327
3
Table of Contents
Updates in Grant Application Forms: .....................................................................................
2
A. Program Description................................................................................................................
6
1.
Issued By..........................................................................................................................
6
2.
Assistance Listings Number............................................................................................
6
3.
Assistance Listings Title..................................................................................................
6
4.
Funding Opportunity Title...............................................................................................
6
5.
Funding Opportunity Number..........................................................................................
6
6.
Authorizing Authority for Program.................................................................................
6
7.
Appropriation Authority for Program..............................................................................
6
8.
Announcement Type........................................................................................................
6
9.
Program Category............................................................................................................
6
10.
Program Overview, Objectives, and Priorities................................................................
6
11.
Performance Measures.....................................................................................................
8
B. Federal
Award Information.....................................................................................................
9
1.
Available Funding for the NOFO: $190,568,289...........................................................
9
2.
Projected Number of Awards: 110................................................................................
9
3.
Period of Performance: 36 months..............................................................................
9
4.
Projected Period of Performance Start Date(s): ...............................................................
9
5.
Projected Period of Performance End Date(s): ................................................................
9
6.
Projected Budget Period(s)..............................................................................................
9
7.
Funding Instrument Type: Grant.................................................................................
9
C. Eligibility Information.............................................................................................................
9
1.
Eligible Applicants...........................................................................................................
9
2.
Applicant Eligibility Criteria.........................................................................................
10
3.
Subawards and Beneficiaries.........................................................................................
10
4.
Other Eligibility Criteria/Restrictions............................................................................
10
5.
Cost Share or Match.......................................................................................................
13
D. Application and Submission Information..............................................................................
14
1.
Key Dates and Times.....................................................................................................
14
a. Application Start Date: 05/24/2024.......................................................................14
c. Anticipated Award Date: ........................................................................................
15
d. Other Key Dates......................................................................................................15
2.
Agreeing to Terms and Conditions of the Award..........................................................
15
3.
Address to Request Application Package......................................................................
15
4.
Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the System for
Award Management (SAM.gov)...................................................................................
15
5.
Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award
Management (SAM), and Submit an Application.........................................................
16
6.
Electronic Delivery........................................................................................................
17
7.
How to Register to Apply through Grants.gov..............................................................
17
a. General Instructions: ..............................................................................................
17
b. Obtain an UEI Number: .........................................................................................
18
c. Obtain Employer Identification Number..............................................................18
d. Create a login.gov account: ....................................................................................
18
e. Register with SAM: .................................................................................................
18
FY 2024 PDM Grant Program NOFO
328
M
FY 2024 PDM Grant Program NOFO
329
f. Register in MT eGrants..........................................................................................
19
8.
Submitting the Application in MT eGrants...................................................................
19
9.
Timely Receipt Requirements and Proof of Timely Submission ..................................
20
10.
Content and Form of Application Submission...............................................................
20
a. Standard Required Application Forms and Information ....................................
20
b. Program -Specific Required Forms and Information ...........................................
21
11.
Other Submission Requirements....................................................................................
21
a. Benefit -Cost Analysis (BCA) for Mitigation Projects ..........................................
21
b. NEPA Requirements for Mitigation Projects.......................................................
22
c. Acquisition Project Requirements.........................................................................
22
12.
Intergovernmental Review .............................................................................................
22
13.
Funding Restrictions and Allowable Costs....................................................................
22
a. Prohibitions on Expending FEMA Award Funds for Covered
Telecommunications Equipment or Services............................................................
23
b. Pre -Award Costs......................................................................................................
24
c. Indirect Facilities & Administrative (F&A) Costs ...............................................
25
e. Management Costs..................................................................................................
25
E. Application Review Information...........................................................................................
26
1.
Application Evaluation Criteria.....................................................................................
26
a. Programmatic Criteria...........................................................................................
26
b. Financial Integrity Criteria....................................................................................
26
c. Supplemental Financial Integrity Criteria and Review .......................................
27
2.
Review and Selection Process.......................................................................................
27
F. Federal
Award Administration Information..........................................................................
27
1.
Notice of Award.............................................................................................................
27
2.
Pass -Through Requirements..........................................................................................
28
3.
Administrative and National Policy Requirements........................................................
28
a. DHS Standard Terms and Conditions...................................................................
28
b. Ensuring the Protection of Civil Rights................................................................
28
c. Environmental Planning and Historic Preservation (EHP) Compliance...........
29
d. Construction Project Requirements......................................................................
31
e. Mandatory Disclosures...........................................................................................
31
4.
Reporting........................................................................................................................32
a. Financial Reporting Requirements........................................................................
32
b. Programmatic Performance Reporting Requirements ........................................
32
c. Closeout Reporting Requirements.........................................................................
33
d. Additional Reporting Requirements.....................................................................
34
5.
Monitoring and Oversight..............................................................................................
35
G. DHS
Awarding Agency Contact Information.......................................................................
37
1.
Contact and Resource Information................................................................................
37
a. Program Office Contact..........................................................................................
37
b. FEMA Grants News................................................................................................
37
c. FEMA Regional Offices..........................................................................................
37
d. Equal Rights.............................................................................................................
38
e. Environmental Planning and Historic Preservation ............................................
38
2.
Systems Information......................................................................................................
38
FY 2024 PDM Grant Program NOFO
329
5
FY 2024 PDM Grant Program NOFO
330
a. Mitigation eGrants (MT eGrants).........................................................................
38
b. Payment and Reporting System (PARS)...............................................................
38
H. Additional Information..........................................................................................................38
1.
Termination Provisions..................................................................................................
38
a. Noncompliance.........................................................................................................
38
b. With the Consent of the Recipient.........................................................................
39
c. Notification by the Recipient..................................................................................
39
2.
Program Evaluation.......................................................................................................
39
3.
Period of Performance Extensions.................................................................................
40
4.
Disability Integration.....................................................................................................
41
5.
Conflicts of Interest in the Administration of Federal Awards or Subawards...............
42
6.
Procurement Integrity....................................................................................................
42
a. Important Changes to Procurement Standards in 2 C.F.R. Part 200 ................
43
b. Competition and Conflicts of Interest...................................................................
43
c. Supply Schedules and Purchasing Programs.......................................................
45
d. Procurement Documentation.................................................................................
46
7. Financial Assistance Programs for Infrastructure.............................................................
47
a. Build America, Buy America Act..........................................................................
47
b. Waivers.....................................................................................................................
47
c. Definitions................................................................................................................
48
8.
Record Retention...........................................................................................................
48
a. Record Retention Period.........................................................................................
48
b. Types of Records to Retain.....................................................................................
49
9.
Actions to Address Noncompliance...............................................................................
49
10.
Audits.............................................................................................................................
50
11.
Payment Information.....................................................................................................
52
12.
Whole Community Preparedness...................................................................................
52
13.
Report issues of fraud, waste, abuse..............................................................................
52
14.
Extraordinary Circumstances..........................................................................................
52
15.
Inflation Reduction Act...................................................................................................
53
16.
Hazard -Resistant Building Codes...................................................................................
54
AppendixA...........................................................................................................................
57
FY 2024 PDM Grant Program NOFO
330
6
A. Program Description
1. Issued By
U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency
(FEMA)/Resilience/Hazard Mitigation Directorate/Hazard Mitigation Assistance (HMA)
Division
2. Assistance Listings Number
97.143
3. Assistance Listings Title
Pre -Disaster Mitigation Grant Program
4. Funding Opportunity Title
Fiscal Year 2024 Pre -Disaster Mitigation Grant Program
5. Funding Opportunity Number
DHS -24 -MT -143-00-01
6. Authorizing Authority for Program
Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act) (Pub. L. No. 100-707), amending the Disaster Relief Act of 1974 (Pub. L. No.
93-288) (42 U.S.C. § 5133).
7. Appropriation Authority for Program
Department of Homeland Security Appropriations Act, 2024, Pub. L. No. 118-47, Title III
Protection, Preparedness, Response, and Recovery (2024 DHS Appropriations Act)
8. Announcement Type
Initial
9. Program Category
Mitigation: Natural Hazards
10. Program Overview, Objectives, and Priorities
a. Overview
The Pre -Disaster Mitigation (PDM) Grant Program makes federal funds available to
state, local, tribal, and territorial governments to plan for and implement sustainable
cost-effective measures designed to reduce the risk to individuals and property from
future natural hazards, while also reducing reliance on federal funding from future
natural disasters.
PDM has invested more than $1 billion across thousands of projects for mitigation
activities throughout the country during its 20 -year history and has paved the way for
the next generation of mitigation funding. PDM helped initiate an important shift in
the nation's focus from planning for response and recovery to assessing risk,
proactively identifying projects to mitigate risk, and strategically tackling pre -disaster
community resilience initiatives. PDM has supported states, territories, tribes, and
FY 2024 PDM Grant Program NOFO
331
local jurisdictions as they pursued community -wide resilience planning processes and
implemented projects to reduce risk nationwide.
The Fiscal Year (FY) 2024 PDM Grant Program will provide $190,568,289 in
funding to projects identified in the 2024 DHS Appropriations Act's Joint
Explanatory Statement UES) in the table starting on page 59 entitled "Homeland
Security Community Project Funding/Congressionally Directed Spending."
FEMA will provide financial assistance to eligible PDM applicants for activities in
accordance with the JES accompanying the 2024 DHS Appropriations Act and as
listed in Appendix A of this NOFO. The authorized projects generally include the
following project types:
1) Project Scoping — process for subapplicants to develop effective mitigation
alternatives based on a defined set of requirements that meet the stated purpose
and need of the proposed project. The process includes activities such as
identification and evaluation of technical feasibility, cost review, and cost
effectiveness, as well as environmental and cultural resource considerations.
2) Hazard Mitigation Projects (construction) — cost-effective projects designed to
increase resilience and public safety; reduce injuries and loss of life; and reduce
damage and destruction to property, critical services, facilities, and
infrastructure, (including natural systems) from a multitude of natural hazards
and the effects of climate change; and
3) Management Costs — financial assistance to reimburse the recipient for eligible
and reasonable indirect costs, direct administrative costs, and other
administrative expenses associated with a specific mitigation measure or project
in an amount up to 10 percent of the total federal amount of the grant award.
There is no separate funding pool for Recipient Management Cost.
b. Goals, Objectives, and Priorities
PDM aims to implement projects that reduce risks posed by natural hazards and
reduce future losses, by funding priority projects and activities. Priorities include risk
reduction of both acute events and chronic stressors, which are either observed or
expected. To achieve these goals, for FY24 PDM, the 110 identified CDS projects
prioritize the following types of activities: infrastructure projects, those that mitigate
risk to lifelines, and projects proposed by applicants that reduce reliance on federal
disaster funding. FEMA will measure the percent of dollars invested in these
priorities, which will indicate that PDM projects expect to meet the goal of reducing
both risks posed by natural hazards and future losses.
The objective of the FY 2024 PDM Grant Program is to fund Community Project
Funding/Congressionally Directed Spending (CDS) projects for state, local, tribal,
and territorial government efforts to plan for, and implement sustainable cost-
effective measures designed to reduce the risk to individuals and property from future
natural hazards, while also reducing reliance on federal funding from future disasters.
FY 2024 PDM Grant Program NOFO
332
There are projects from 35 states, one tribe, and one territory identified for the FY
2024 PDM Grant Program. These targeted community and tribal projects focus
primarily on infrastructure improvements to stormwater, drainage, sewer systems and
levee systems and/or dams to build community resilience against future flooding.
However, other projects focus on addressing other hazard types such as seismic
activity and wildfire. Approximately 13 projects address nature -based solutions
including greenways, open space, beach revitalization, climate resilience, and
shoreline preservation.
The priorities of the FY 2024 Pre -Disaster Mitigation Grant Program are to fund
projects identified in Appendix A of this NOFO. If you are interested in applying to
FEMA's other annual mitigation grant programs, like the Building Resilient
Infrastructure and Communities (BRIC) program, please go to www. rg ants.gov for
more information.
c. Alignment to Program Purpose and the DHS and FEMA Strategic Plan
The PDM Grant Program aligns with the general goal of promoting resilience and
adaptation in light of current risks and the 2020-2024 DHS Strategic Plan through
pursuing Goal 5: Strengthen Preparedness and Resilience. Specifically, Objective 5.1:
Build a National Culture of Preparedness has several sub -objectives that the PDM
Grant Program supports. PDM serves primarily to bolster Sub -Objective 5.1.1:
Incentivize investments that reduce risk and increase pre -disaster mitigation,
including expanding the use of insurance to manage risk through funding mitigation
projects, particularly ones that reduce risk to infrastructure. Additionally, project
scoping activities that PDM funds also contribute to other sub -objectives. For
example, planning, partnerships, and project scoping efforts help improve awareness
initiatives to encourage public action to increase preparedness (Sub -Objective 5.1.2),
use lessons from past disasters and exercises to inform community investment
decisions, anticipate challenges that may emerge during future disasters (Sub -
Objective 5.1.3), and coordinate and guide continuity of operations activities through
partnerships with government and non-government stakeholders (Sub -Objective
5.1.5).
The 2022-2026 FEMA Strategic Plan outlines three bold, ambitious goals in order to
position FEMA to address the increasing range and complexity of disasters, support
the diversity of communities we serve, and complement the nation's growing
expectations of the emergency management community. The PDM Grant Program
supports Goal 2: Lead Whole of Community in Climate Resilience and Goal 3:
Promote and Sustain a Ready FEMA and a Prepared Nation.
11. Performance Measures
Based on the statutory requirements of Section 203 and the 2023 HMA Program and Policy
Guide, FEMA has specified minimum project criteria including that Applicants must
demonstrate mitigation projects are cost effective.
Performance metrics for this program are as follows:
• Percentage of funded projects that result in mitigation activities
• Percentage of funded projects that provide an enhanced level of resilience
FY 2024 PDM Grant Program NOFO
333
9
FEMA will calculate and analyze the above metrics through a review of recipient
Performance Progress Reports and award monitoring to ensure that the funds are expended
for their intended purpose and achieve the stated outcomes in the grant application.
PDM aims to implement projects that reduce risks posed by natural hazards and
reduce future losses, by funding priority projects and activities. Priorities include risk
reduction of both acute events and chronic stressors, which are either observed or
expected. To achieve these goals, for FY24 PDM, the 110 identified CDS projects
prioritize the following types of activities: infrastructure projects, those that mitigate
risk to lifelines, and projects proposed by applicants that reduce reliance on federal
disaster funding. FEMA will measure the percent of dollars invested in these priorities,
which will indicate that PDM projects expect to meet the goal of reducing both risks
posed by natural hazards and future losses.
B. Federal Award Information
1. Available Funding for the NOFO: $190,568,289
2. Projected Number of Awards: 110
3. Period of Performance: 36 months
Extensions to the period of performance are allowed. For additional information on period of
performance extensions, please refer to Section H of this NOFO.
4. Projected Period of Performance Start Date(s): Will vary by award; all
awards must be made no later than
September 30, 2024
5. Projected Period of Performance End Date(s): 36 months from date of the
award unless otherwise approved by
FEMA
6. Projected Budget Period(s)
There will be only a single budget period with the same start and end dates as the period of
performance.
7. Funding Instrument Type: Grant
C. Eligibility Information
1. Eligible Applicants
Only states, territories, or federally recognized tribal governments with identified projects in
Appendix A of this NOFO are eligible to apply.
Each state, territory, or federally recognized tribal government with a PDM project identified
in Appendix A of this NOFO shall designate one agency to serve as the applicant for PDM
funding. Each applicant's designated agency may submit only one PDM grant application to
FEMA. Contact information for the State Hazard Mitigation Officers is provided on the
FY 2024 PDM Grant Program NOFO
334
10
FEMA website. A federally recognized tribal government may apply as an applicant directly
to FEMA or as a subapplicant.
2. Applicant Eligibility Criteria
Eligible FY 2024 PDM grant projects were identified in the JES accompanying the 2024
DHS Appropriations Act; only those associated PDM projects are eligible to receive funding
under this grant program. Those PDM projects are identified in Appendix A of this NOFO.
• To be considered for funding, all applicants must submit their FY 2024 PDM grant
application to FEMA via Mitigation (MT) eGrants.
All applicants submitting applications must have a FEMA -approved State or Tribal (Standard or
Enhanced) Mitigation Plan by the application deadline and at the time of obligation in
accordance with Title 44 Code of Federal Regulations (CFR) Part 201.
3. Subawards and Beneficiaries
a. Subaward allowability
FY 2024 PDM subgrant projects were identified in the JES accompanying the 2024
DHS Appropriations Act; only those associated PDM projects are eligible to receive
funding under this grant program. Those PDM projects are identified in Appendix A
of this NOFO.
• One subapplication shall be submitted for each project identified in Appendix
A.
• The submitted subapplication via MT eGrants must correspond to a project
listed in the JES Table in Appendix A and the project must implement an
activity that is consistent with the language provided in the "Project" column
of the JES table.
• All subapplicants submitting subapplications must have a FEMA -approved Local
Hazard Mitigation Plan by the application deadline and at the time of obligation in
accordance with Title 44 Code of Federal Regulations (CFR) Part 201.
b. Subrecipient Eligibility
Local governments, including cities, townships, counties, special district
governments, and tribal governments (including federally recognized tribes who
choose to apply as subapplicants) that are identified in Appendix A of this NOFO are
considered subapplicants and must submit subapplications to their state/territory
applicant agency. A federally recognized tribal government may apply as an applicant
directly to FEMA or as a subapplicant.
c. Beneficiaries or Participants
This NOFO and any subsequent federal awards create no rights or causes of action for
any participant or beneficiary.
4. Other Eligibility Criteria/Restrictions
a. Hazard Mitigation Plan
FY 2024 PDM Grant Program NOFO
335
11
All mitigation projects submitted as part of a PDM grant application must be
consistent with the goals and objectives identified in a) the current, FEMA -approved
State or Tribal (Standard or Enhanced) Mitigation Plan and b) the FEMA -approved
Local Hazard Mitigation Plan for the jurisdiction in which the project is located.
b. Environmental Planning and Historic Preservation (EHP)
All activities under PDM must be in compliance with all applicable environmental
planning and historic preservation (EHP) laws, regulations, executive orders, and
agency policies as defined in the G. Environmental and Historic Preservation
Requirements.
c. General Criteria
All activities under PDM must be in conformance with all applicable federal,
state, tribal, and local floodplain and land use laws and regulations including
44 C.F.R. § 60.3 (floodplain management criteria).
o All structure elevation, mitigation reconstruction, and dry
floodproofing projects; and all projects where HMA funds are used for
new construction, substantial improvement, or to address substantial
damage to structures, i must meet the minimum standards of FEMA's
partial implementation of the Federal Flood Risk Management
Standard (FFRMS).
o See Executive Order (EO) 14030, Climate -Related Financial Risk and
the 2023 HMA Program and Policy Guide.
PDM projects must not include duplicate activities that another federal agency
or program has more specific authority to conduct.
All PDM projects must be in conformance with any other criteria established
by FEMA that is specific to the proposed activity.
Construction activities for which ground disturbance has already been
initiated or completed are not eligible for funding. Non -construction activities
that have already started may not be considered for funding. However, per the
Hazard Eli ig bility and Local Projects (HELP) Act (Pub. L. 117-332), FEMA
may provide assistance for certain acquisition and demolition projects when
implementation has already begun. In order to be eligible, the project must:
(1) qualify for a categorical exclusion under NEPA; (2) be compliant with
applicable floodplain management and protection of wetland regulations and
criteria•, and (3) not require consultation under any other environmental or
historic preservation law or regulation or involve any extraordinary
circumstances. An entity seeking assistance under the HELP Act must comply
with all other applicable HMA and federal requirements (see Pub. L. No. 117-
332).
'Refer to 44 CFR § 9.4 for the definitions of "new construction" and "substantial improvement;" Refer to 44 CFR §
59.1 for the definition of "substantial damage."
FY 2024 PDM Grant Program NOFO
336
12
• Mitigation projects must, at a minimum, be in conformance with the latest
published editions (meaning either of the two most recently published
editions) of relevant consensus -based codes, specifications, and standards that
incorporate the latest hazard -resistant and energy efficient designs.
• Mitigation projects should account for future climate risk to the proposed
project. This can be accomplished by using evidence -based, best -available
climate data sets, information resources, and decision -support tools, including
Federal resources, to identify current and future climate risks over the
project's expected service life. Climate projections, emission scenarios, or
other suitable scenario conditions should be specified based on the project's
service life and applicant's risk tolerance, as appropriate and available.
Applications should document how planned project design and operations are
resilient to any identified current and future climate risks. (This can be used to
satisfy the requirement to utilize alternative benefit -cost analysis methodology
under section D.I 1.b.3.b.)
• Mitigation projects should adopt nature -based solutions unless alternatives are
demonstrated to be more beneficial to society, when the full range of benefits
are considered, or nature -based solutions are not technically suitable for
project goals.
• Where technically feasible and effective, mitigation projects should use
construction materials that have lower embodied greenhouse gas emissions —
including lower -carbon concrete, asphalt, and steel. Embodied emissions refer
to the amount of greenhouse gas (GHG) emissions associated with the
extraction, production, transport, and manufacturing of material.
• Where technically feasible and effective, mitigation projects should encourage
designs, operations, and practices that lead to further adoption of technology,
development or land use patterns, or behaviors that reduce greenhouse gas
emissions within and potentially beyond extent of the project.
• Mitigation projects must be technically feasible and effective.
• Mitigation projects must solve a problem independently or constitute a
functional portion of a long-term solution for which there is assurance that the
project as a whole will be completed or there is a reasonable plan and
available funding for completion.
• All PDM projects must pass technical feasibility and benefit cost analysis as a
standalone project; phased projects are not eligible. Mitigation projects must
be cost-effective and designed to increase resilience and reduce risk of
injuries, loss of life, and damage and destruction of property, including critical
services and facilities. This means the project, as documented by the
applicant, achieves the following goals:
o Addresses a problem that has been repetitive or that poses a risk to
public health and safety and improved property if left unresolved;
o Satisfies applicable cost-effectiveness requirements in compliance
with Office of Management and Budget (OMB) Circular A-94;
o Contributes, to the extent practicable, to a long-term solution to the
problem it is intended to address; and
FY 2024 PDM Grant Program NOFO
337
13
o Accounts for long-term changes to the areas and entities it protects and
has manageable future maintenance and modification requirements.
If the mitigation project is located in a Special Flood Hazard Area (SFHA), it
must meet all of the following conditions:
o The project is in a jurisdiction participating in the National Flood
Insurance Program (NFIP) that is not on probation, suspended, or
withdrawn.
o For structures remaining in the SFHA at the time of project
completion, the property owner must obtain and maintain flood
insurance for the life of the structure, regardless of transfer of
ownership, in an amount at least equal to the project cost or to the
maximum limit of coverage made available with respect to the
mitigated property, whichever is less. See part 4.J.2 of the 2023 HMA
Program and Policy Guide.
o The project complies with Federal Flood Risk Management Standard
(FFRMS) partial implementation requirements in the 2023 HMA
Program and Policy Guide.
Project subapplications may change to project scoping or planning should
implementation of a project not be feasible at the time of award.
5. Cost Share or Match
Cost share is required under this program. Federal funding is available for up to 75 percent of
the eligible activity costs. The remaining 25 percent of eligible activity costs must be derived
from non-federal sources.
The non-federal cost share contribution is calculated based on the total cost of the proposed
activity. For example, if the total cost is $400,000 and the non-federal cost share is 25
percent, then the non-federal contribution is $100,000: 25 percent of $400,000 is $100,000.
Small impoverished communities are eligible for up to a 90 percent federal cost share for
their mitigation planning and project subapplications in accordance with the Stafford Act. A
small impoverished community must meet all of the following qualifications:
• Be a community of 3,000 or fewer individuals identified by the state as a rural
community that is not a remote area within the corporate boundaries of a larger city;
• Be economically disadvantaged, with residents having an average per capita annual
income not exceeding 80 percent of the national per capita income, based on best
available data. For the most current information, go to the Bureau of Economic
Analysis website at http://www.bea.gov; or the United States Census Bureau website
at Census. _goy; and
• Meet other criteria required by the Applicant in which the community is located.
Federally recognized tribes can identify themselves as small impoverished communities if
they meet the above criteria.
Federally recognized tribes meeting the definition of a small impoverished community that
apply to FEMA directly as Applicants are eligible for a 90 percent federal cost share for their
planning and project subapplications. Recipient Management Cost subapplications are
eligible for a 100 percent federal cost share.
FY 2024 PDM Grant Program NOFO
338
14
Applicants and subapplicants who apply as a small impoverished community must request
the federal cost share amount up to 90 percent in the Cost Share section of their planning or
project subapplication(s). Applicants must certify small impoverished community status and
provide documentation with the subapplication(s) to justify up to a 90 percent federal cost
share. If documentation is not submitted with the subapplication, then FEMA will provide no
more than 75 percent federal cost share of the total eligible costs.
More detailed information is provided in Part 4, L, Cost Share, of the 2023 HMA Program
and Policy Guide.
D. Application and Submission Information
1. Key Dates and Times
a. Application Start Date: 05/24/2024
b. Application Submission Deadline: 06/28/2024 at 5:00 PM ET
All applications must be received by the established deadline.
The MT eGrants System has a date stamp that indicates when an application is submitted.
Applicants will receive an electronic message confirming receipt of their submission. For
additional information on how an applicant will be notified of application receipt, see the
subsection titled "Timely Receipt Requirements and Proof of Timely Submission" in Section
D of this NOFO.
FEMA will not review applications that are received after the deadline or consider
these late applications for funding. FEMA may, however, extend the application deadline
on request for any applicant who can demonstrate that good cause exists to justify extending
the deadline. Good cause for an extension may include technical problems outside of the
applicant's control that prevent submission of the application by the deadline, other exigent
or emergency circumstances, or statutory requirements for FEMA to make an award.
Applicants experiencing technical problems outside of their control must notify FEMA
as soon as possible and before the application deadline. Failure to timely notify FEMA of
the issue that prevented the timely filing of the application may preclude consideration of the
award. "Timely notification" of FEMA means: prior to the application deadline and within
48 hours after the applicant became aware of the issue.
A list of FEMA contacts can be found in Section G of this NOFO, "DHS Awarding Agency
Contact Information." For additional assistance using the MT eGrants System, please contact
the MT eGrants Service Desk at mtegrants@fema.dhs.gov. The MT eGrants Service Desk is
available Monday through Friday, 9:00 AM — 6:00 PM Eastern Time (ET). For
programmatic or grants management questions, please contact your Program Analyst or
Grants Specialist. If applicants do not know who to contact or if there are programmatic
questions or concerns, please contact the FEMA Grants Information Desk by e-mail at fema-
grants-news@fema.dhs.gov OR by phone at (800) 368-6498, Monday through Friday, 9:00
AM — 5:00 PM ET.
FY 2024 PDM Grant Program NOFO
339
15
c. Anticipated Award Date: No later than 08/30/2024
d. Other Key Dates
Event
Suggested Deadline for Completion
Initial registration in SAM.gov
Four weeks before actual submission deadline
includes UEI issuance
Obtaining a valid Employer
Four weeks before actual submission deadline
Identification Number EIN
Creating an account with login.gov
Four weeks before actual submission deadline
Registering in SAM or Updating
Four weeks before actual submission deadline
SAM registration
Registering in Grants.gov
Four weeks before actual submission deadline
Registering in MT eGrants
Four weeks before actual submission deadline
Submitting the final application in MT
By the submission deadline
eGrants
2. Agreeing to Terms and Conditions of the Award
By submitting an application, applicants agree to comply with the requirements of this
NOFO and the terms and conditions of the award, should they receive an award.
3. Address to Request Application Package
Applications are completed and submitted through FEMA's MT eGrants System.
Application forms and instructions are available at Grants.gov. To access these materials, go
to htip://www.gra�gov.
Hard copies of the NOFO can be downloaded at Grants.gov or obtained via email from the
Awarding Office points of contact listed in Section G of this NOFO, "DHS Awarding
Agency Contact Information" or by TTY (800) 462-7585.
For a hard copy of the full NOFO, please write a request to:
Gerilee Bennett
Director, Hazard Mitigation Assistance Division, Hazard Mitigation Directorate
Resilience
Federal Emergency Management Agency
400 C Street, SW
Washington, DC 20472
4. Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the System for
Award Management (SAM. gov
Each applicant, unless they have a valid exception under 2 CFR §25.110, must:
a. Be registered in Sam.Gov before application submission.
b. Provide a valid UEI in its application.
c. Continue to always maintain an active SAM registration with current information during the
federal award process. Note: Per 2 C.F.R. § 25.300, subrecipients are NOT required to go
through the full SAM registration process. First-tier subrecipients (meaning entities receiving
FY 2024 PDM Grant Program NOFO
340
16
funds directly from the recipient) are only required to obtain a UEI through SAM, but they
are not required to complete the full SAM registration in order to obtain a UEL Recipients
may not make subawards unless the subrecipient has obtained and provided the UEI.
Lower -tier subrecipients (meaning entities receiving funds passed through by a higher -tier
subrecipient) are not required to have a UEI and are not required to register in SAM.
Applicants are also not permitted to require subrecipients to complete a full registration in
SAM beyond obtaining the UEI.
5. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award
Management (SAM), and Submit an Application
Applying for an award under this program is a multi -step process and requires time to
complete. Applicants are encouraged to register early as the registration process can take four
weeks or more to complete. Therefore, registration should be done in sufficient time to
ensure it does not impact your ability to meet required submission deadlines.
Please review the table above for estimated deadlines to complete each of the steps listed.
Failure of an applicant to comply with any of the required steps before the deadline for
submitting an application may disqualify that application from funding.
To apply for an award under this program, all applicants must:
a. Apply for, update, or verify their UEI number from SAM.gov and Employer
Identification Number (EIN) from the Internal Revenue Service;
b. In the application, provide an UEI number;
c. Have an account with to _ inn. _ oovv;
d. Register for, update, or verify their SAM account and ensure the account is active
before submitting the application;
e. Create a Grants.gov account;
L Add a profile to a Grants.gov account;
g. Establish an Authorized Organizational Representative (AOR) in Grants.gov;
h. Register in MT eGrants;
i. Submit an initial application in Grants.gov;
j. Submit the final application in MT eGrants, including electronically signing
applicable forms; and,
k. Continue to maintain an active SAM registration with current information, including
information on a recipient's immediate and highest -level owner and subsidiaries, as
well on all predecessors that have been awarded a federal contract or grant within the
last 3 years, if applicable, at all times during which it has an active federal award or
an application or plan under consideration by a federal awarding agency.
Applicants are advised that DHS may not make a federal award until the applicant has
complied with all applicable SAM requirements. Therefore, an applicant's SAM registration
must be active not only at the time of application, but also during the application review
period and when DHS is ready to make a federal award. If an applicant's SAM registration is
expired at the time of application, expires during application review, or expires any other
time before the federal award, DHS may determine that the applicant is not qualified to
FY 2024 PDM Grant Program NOFO
341
17
receive a federal award and use that determination as a basis for making a federal award to
another applicant. Further, following a federal award, a recipient's SAM registration must
remain active for the duration of the federal award. If a recipient's SAM registration expires
during the period of performance of the federal award, DHS may take a remedy for
noncompliance at 2 C.F.R. § 200.339, which could include terminating the federal award.
Per 2 C.F.R. § 25.1 10(c)(2)(111), if an applicant is experiencing exigent circumstances that
prevents it from receiving a UEI number and completing SAM registration before receiving a
federal award, the applicant must notify FEMA as soon as possible by contacting [ See
Section G. Contact Information] and providing the details of the circumstances that prevent
completion of these requirements. If FEMA determines that there are exigent circumstances
and FEMA has decided to make a federal award, the applicant will be required to obtain a
UEI number, if applicable, and complete SAM registration within 30 days of the federal
award date. The Standard Language for Using Grants.gov to Apply is provided to aid in
fulfilling these requirements if applicable, based off of
https://www. rg ants.gov/grantors/grantor-standard-langua eg html.
Specific instructions on how to apply for, update, or verify a UEI number or SAM
registration or establish an AOR are included below in the steps for applying through
https://www. rg ants.ggv/.
6. Electronic Delivery
DHS is participating in the Grants.gov initiative to provide the grant community with a single
site to find and apply for grant funding opportunities. DHS encourages or requires applicants
to submit their applications online through Grants.gov, depending on the funding
opportunity.
For this funding opportunity, FEMA requires applicants to submit applications through MT
eGrants.
7. How to Register to Apply through Grants.gov
a. General Instructions:
Registering and applying for an award under this program is a multi -step process and
requires time to complete. Read the instructions below about registering to apply for
FEMA funds. Applicants should read the registration instructions carefully and
prepare the information requested before beginning the registration process.
Reviewing and assembling the required information before beginning the registration
process will alleviate last-minute searches for required information.
The registration process can take up to four weeks to complete. To ensure an
application meets the deadline, applicants are advised to start the required steps well
in advance of their submission.
Organizations must have an UEI number, an EIN, an active SAM registration and
Grants.gov account to apply for a federal award under this funding opportunity.
FY 2024 PDM Grant Program NOFO
342
Organizations must also have a Grants.gov account to apply for an award under this
program. Creating a Grants.gov account can be completed online in minutes, but UEI
and SAM registrations may take several weeks. Therefore, an organization's
registration should be done in sufficient time to ensure it does not impact the entity's
ability to meet required application submission deadlines. Complete organization
instructions can be found on Grants.gov here:
https:Happly07. grants. gov/help/html/help/Register/OrganizationRegistration.htm
b. Obtain an UEI Number:
All entities applying for funding, including renewal funding, must have a UEI
number. Applicants must enter the UEI number in the applicable data entry field on
the SF -424 form.
For more detailed instructions for obtaining a UEI number, refer to: SAM.gov
c. Obtain Employer Identification Number
All entities applying for funding must provide an Employer Identification Number
(EIN). The EIN can be obtained from the IRS by visiting:
https://www.irs. gov/businesses/small-businesses-self-employed/apply-for-an-
employer-identification-number-ein-online.
d. Create a login.gov account:
Applicants must have a login.gov account in order to register with SAM or update
their SAM registration. Applicants can create a login.gov account here:
https:Hsecure.login. og v/sign up/enter _email?request_id=34f19fa8-14a2-438c-8323-
a62b99571fd3.
Applicants only have to create a login.gov account once. For applicants that are
existing SAM users, use the same email address for the login.gov account as with
SAM.gov so that the two accounts can be linked.
For more information on the login.gov requirements for SAM registration, refer to:
https://www.sam.gov/SAM/pages/public/loginFAQ.isf.
e. Register with SAM:
All applicants applying online through Grants.gov must register with SAM. Failure to
register with SAM will prevent an applicant from completing the application in
Grants.gov. SAM registration must be renewed annually. Organizations will be issued
a UEI number with the completed SAM registration.
For more detailed instructions for registering with SAM, refer to
https://gpply07.,er� og v/help/html/help/Register/RegisterWithSAM.htm
Note: Per 2 C.F.R. § 25.200, applicants must also provide the applicant's immediate
and highest -level owner, subsidiaries, and predecessors that have been awarded
federal contracts or federal financial assistance within the last three years, if
applicable.
FY 2024 PDM Grant Program NOFO
343
19
I. ADDITIONAL SAM REMINDERS
Existing SAM.gov account holders should check their account to make sure it is
"ACTIVE." SAM registration should be completed at the very beginning of the
application period and should be renewed annually to avoid being "INACTIVE."
Please allow plenty of time before the grant application submission deadline
to obtain an UEI number and then to register in SAM. It may be four weeks
or more after an applicant submits the SAM registration before the
registration is active in SAM, and then it may be an additional 24 hours
before FEMA's system recognizes the information.
It is imperative that the information applicants provide is correct and current.
Please ensure that your organization's name, address, and EIN are up to date in
SAM and that the UEI number used in SAM is the same one used to apply for all
other FEMA awards. Payment under any FEMA award is contingent on the
recipient's having a current SAM registration.
11. HELP WITH SAM
The SAM quick start guide for new recipient registration and SAM video tutorial
for new applicants are tools created by the General Services Administration
(GSA) to assist those registering with SAM. If applicants have questions or
concerns about a SAM registration, please contact the Federal Support Desk at
hLtps://www.fsd.gov/fsd-gov/home.do or call toll free (866) 606-8220.
L Register in MT eGrants
Applicants must register in MT eGrants. For more information, see
https://www. fema. gov/sites/default/files/2020-08/fema_mt-egrants-frequently-asked-
questions_support_document March_2018.pd£
8. Submitting the Application in MT eGrants
Subapplicants must create project subapplications and submit them to their applicant
organization. Subapplicants should contact their applicant agency for information specific to
their state's application process. Contact information for the State Hazard Mitigation Officers
is provided on the FEMA website at htlps://www.fema.gov/state-hazard-mitigation-officers.
If a subapplicant does not use FEMA's grant application system to submit project
subapplications to the applicant, then the applicant must enter the subapplication(s) into MT
eGrants on the subapplicant's behalf.
Applicants must review and approve subapplications submitted by their subapplicants.
Applicants must create a PDM grant application and approve the subapplications. The
approved project and management costs subapplications may then be submitted and added to
the application by the applicant and/or subapplicants.
Applicants will be prompted to submit the standard application information and any
program -specific information required as described in Section D.I I of this NOFO,
"Content and Form of Application Submission." The Standard Forms (SF) may be
accessed in the Forms tab under the SF -424 family on Grants.gov. Applicants should
FY 2024 PDM Grant Program NOFO
344
911
review these forms before applying to ensure they have all the information required.
After submitting the final application, MT eGrants will provide either an error message or a
successfully received transmission in the form of an email sent to the user that submitted the
application. Applicants using slow internet connections, such as dial-up connections, should
be aware that transmission can take some time before MT eGrants receives your
application.
For additional application submission requirements, including program -specific
requirements, please refer to the subsection titled "Content and Form of Application
Submission" under Section D of this NOFO.
9. Timely Receipt Requirements and Proof of Timely Submission
All applications must be received by the application submission deadline in Section D above.
MT eGrants automatically records proof of timely submission and the system generates an
electronic date/time stamp when MT eGrants successfully receives the application. The
applicants who submit the PDM grant applications prior to the submission deadline will
receive a confirmation message, including the assigned PDM application number in FEMA's
grant application system (e.g., PDM -0I -MA -2017). In addition, once FEMA receives and
delegates the PDM grant application to begin the review process, FEMA's grant application
system will automatically send an email message to the Point(s) of Contact (POC) identified
in the grant application.
Applicants who experience system -related issues will be addressed until 3:00 PM ET on
the date applications are due. No new system -related issues will be addressed after this
deadline. Applications not received by the application submission deadline will not be
accepted.
10. Content and Form of Application Submission
a. Standard Required Application Forms and Information
The following forms or information are required to be submitted via MT eGrants. The
Standard Forms (SF) are available at https://www.,-ra�nts.gov/web/grants/forms/sf-
424-family.html. Applicants may require their subapplicants to complete and attach
the grant application and/or Assurance and Certifications forms to their
subapplications in MT eGrants. Subapplicants should contact their applicant agency
for information specific to their state/tribe/territory's application process. Contact
information for the State Hazard Mitigation Officers is provided on the FEMA
website at https://www.fema.aov/arants/mitigation/state-contacts.
i. GRANTs.Gov
SF -424, Application for Federal Assistance, initial application submitted
through Grants.gov
Grants.gov Lobbying Form, Certification Regarding Lobbying,
submitted through Grants.gov
FY 2024 PDM Grant Program NOFO
345
21
11. MT EGRANTS
SF -424A, Budget Information (Non -Construction), submitted via the
forms generated by MT eGrants.
o For construction under an award, submit SF -424C, Budget
Information (Construction), submitted via the forms generated
by MT eGrants, in addition to or instead of SF -424A
SF -424B, Standard Assurances (Non -Construction), submitted via the
forms generated by MT eGrants
o For construction under an award, submit SF -424D, Standard
Assurances (Construction), submitted via the forms generated by
MT eGrants, in addition to or instead of SF -424B
SF -LLL, Disclosure of Lobbying Activities, submitted via the forms
generated by MT eGrants
Generally, applicants have to submit either the non -construction forms (i.e., SF -
424A and SF -42413) or construction forms (i.e., SF -424C and SF -424D), meaning
that applicants that only have construction work and do not have any non -
construction work need only submit the construction forms (i.e., SF -424C and SF -
424D) and not the non -construction forms (i.e., SF -424A and SF -42413), and vice
versa. However, applicants who have both construction and non -construction
work under this program need to submit both the construction and non -
construction forms.
b. Program -Specific Required Forms and Information
The following program -specific forms or information are required to be submitted in
MT eGrants:
Indirect Cost Agreement or Proposal, submitted as an attachment if the
budget includes indirect costs and the applicant is required to have an
indirect cost rate agreement or proposal. If the applicant does not have or is
not required to have an indirect cost rate agreement or proposal, please see
Section D.13 of this NOFO, "Funding Restrictions and Allowable Costs,"
for further information regarding allowability of indirect costs and whether
alternatives to an indirect cost rate agreement or proposal might be
available or contact the relevant FEMA staff identified in Section G of this
NOFO, "DHS Awarding Agency Contact Information" for further
instructions.
11. Other Submission Requirements
a. Benefit -Cost Analysis (BCA) for Mitigation Projects
Applicants and subapplicants applying for mitigation projects must provide a BCA or
other documentation that validates cost-effectiveness. FEMA will provide assistance
to all applicants and subapplicants with completing their BCA. Through the
development of the BCA Toolkit, FEMA created a standardized methodology,
specific to mitigation activities, to ensure consistency across applicant and
subapplicant benefit cost analyses. In addition to the BCA Toolkit, FEMA provides
several streamlined methodologies to demonstrate cost-effectiveness; applicants and
FY 2024 PDM Grant Program NOFO
346
22
subapplicants should use one of the three standard approaches. In no case will FEMA
award a hazard mitigation project that is not cost-effective. Further details on hazard
mitigation project cost-effectiveness can be found in the 2023 HMA Program and
Policy Guide, Part 5. Cost -Effectiveness or the Benefit -Cost Analysis webpage.
b. NEPA Requirements for Mitigation Projects
Applicants and subapplicants applying for hazard mitigation projects must provide
information needed to comply with the National Environmental Policy Act (NEPA)
(42 U.S.C. §§ 4321-4370h) and the related Department of Homeland Security and
FEMA instructions and directives: DHS Directive 023-01, DHS Instruction Manual
023-01-001-01, FEMA Directive 108-1, and FEMA Instruction 108-1-1. The required
information is included in the subapplication in eGrants. EHP Job Aids and
Supplements are available on the following webpages: Environmental & Historic
Preservation Guidance for FEMA Grant Applications I FEMA.gov and Hazard
Mitigation Assistance Job Aids I FEMA.gov
c. Acquisition Project Requirements
Subrecipients must apply deed -restriction language to all acquired properties to
ensure that the property is maintained in perpetuity as open space consistent with
natural floodplain functions and allowable uses and structures authorized under 44
C.F.R. Part 80, as agreed to by their accepting FEMA mitigation award funding.
Deed -restriction language is applied to acquired properties by recording the open
space and deed restrictions with the deed for the property. Subrecipients, as well as
recipients and FEMA, are responsible for enforcing open space restrictions.
12. Intergovernmental Review
An intergovernmental review may be required. Applicants must contact their state's Single
Point of Contact (SPDC) to comply with the state's process under Executive Order 12372
(See https://www.archives.gov/federal-register/codification/executive-order/12372.html;
Intergovernmental Review (SPDC List) (whitehouse.gov)
13. Funding Restrictions and Allowable Costs
All costs charged to federal awards (including both federal funding and any non-federal
matching or cost sharing funds) must comply with applicable statutes, rules and regulations,
and policies, this NOFO, and the terms and conditions of the federal award. They must also
comply with the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements at 2 C.F.R. Part 200 unless otherwise indicated in the NOFO or the terms and
conditions of the federal award. This includes, among other requirements, that costs must be
incurred and products and services must be delivered within the budget period. 2 C.F.R. §
200.403(h). The following identifies a list of activities for which a recipient may not use
federal funds and any cost sharing or matching funds under federal awards:
Matching or cost sharing requirements for other federal grants and cooperative
agreements (see 2 C.F.R. § 200.306)
Lobbying or other prohibited activities under 18 U.S.C. § 1913 or 2 C.F.R. § 200.450
FY 2024 PDM Grant Program NOFO
347
23
Prosecuting claims against the federal government or any other government entity
(see 2 C.F.R. § 200.435) See subsections below for information on any other funding
restrictions.
a. Prohibitions on Expending FEMA Award Funds for Covered
Telecommunications Equipment or Services
Recipients, subrecipients, and their contractors must comply with the prohibitions set
forth in Section 889 of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019, Pub. L. No. 115-232 (2018) (FY 2019 NDAA) and 2 C.F.R. §§
200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The FY 2019
NDAA and these regulations, as they apply to recipients, subrecipients, and their
contractors and subcontractors, provide for two distinct prohibitions: (1) prevent the
use of federal award funds to procure or obtain covered telecommunications
equipment or services; and (2) prevent the use of federal award funds to contract with
an entity that uses such covered telecommunications equipment or services.
Guidance is available at FEMA Policy #405-143-1 - Prohibitions on Expending
FEMA Award Funds for Covered Telecommunications Equipment or Services
Additional guidance is available at Contract Provisions Guide: Navigating Appendix
II to Part 200 - Contract Provisions for Non -Federal Entity Contracts Under Federal
Awards (fema.gov).
FEMA recipients and subrecipients may not use any FEMA funds under open or new
awards to:
Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
Enter into, extend, or renew a contract to procure or obtain any equipment,
system, or service that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical
technology of any system; or
Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
I. REPLACEMENT EQUIPMENT AND SERVICES
FEMA grant funding may be permitted to procure replacement equipment and
services impacted by this prohibition, provided the costs are otherwise consistent
with the requirements of the NOFO.
II. DEFINITIONS
Per section 889(f)(2)-(3) of the FY 2019 NDAA and 2 C.F.R. § 200.216, covered
telecommunications equipment or services means:
i. Telecommunications equipment produced by Huawei Technologies
Company or ZTE Corporation, (or any subsidiary or affiliate of such
entities);
FY 2024 PDM Grant Program NOFO
348
24
ii. For the purpose of public safety, security of Government facilities,
physical security surveillance of critical infrastructure, and other
national security purposes, video surveillance and telecommunications
equipment produced by Hytera Communications Corporation,
Hangzhou Hikvision Digital Technology Company, or Dahua
Technology Company (or any subsidiary or affiliate of such entities);
iii. Telecommunications or video surveillance services provided by such
entities or using such equipment; or
iv. Telecommunications or video surveillance equipment or services
produced or provided by an entity that the Secretary of Defense, in
consultation with the Director of National Intelligence or the Director
of the Federal Bureau of Investigation, reasonably believes to be an
entity owned or controlled by, or otherwise connected to, the People's
Republic of China.
Examples of the types of products covered by this prohibition include phones,
internet, video surveillance, and cloud servers when produced, provided, or used
by the entities listed in the definition of "covered telecommunications equipment
or services." See 2 C.F.R. § 200.471.
b. Pre -Award Costs
Pre -award costs directly related to developing the PDM grant application or
subapplication that are incurred prior to the date of the grant award are allowed
subject to FEMA's approval at time of award. Such costs may have been incurred
prior to application submission, for example gathering NEPA data or developing a
BCA (see Section D, Application and Submission Information, of this NOFO),
preparing design specifications, or conducting workshops or meetings related to
development and submission of subapplications. To be eligible for PDM funding,
pre -award costs must be identified as separate line items in the cost estimate of the
subapplication. Applicants and subapplicants may identify such pre -award costs as
their non-federal cost share.
Pre -award costs may be cost shared or applicants and subapplicants may identify
them as their non-federal cost share (see Cost Share or Match subsection in Section
C, Eligibility Information, of this NOFO).
Costs associated with implementation of proposed projects in the submitted
subapplication that are incurred prior to the date of the grant award are not allowed.
Mitigation activities initiated or completed prior to the date of the grant award are not
eligible.
Applicants and subapplicants who are not awarded grants or subgrants
(awards/subawards) will not receive reimbursement for the corresponding pre -award
costs.
FY 2024 PDM Grant Program NOFO
349
25
c. Indirect Facilities & Administrative (F&A) Costs
Indirect (F&A) costs (IDC) means those costs incurred for a common or joint purpose
benefitting more than one cost objective and not readily assignable to the cost
objectives specifically benefitted, without effort disproportionate to the results
achieved. IDC are allowable by the recipient [and subrecipients] as described in 2
C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a current negotiated
IDC rate agreement who desire to charge indirect costs to a federal award must
provide a copy of their IDC rate agreement with their applications. Not all applicants
are required to have a current negotiated IDC rate agreement. Applicants that are not
required to have a negotiated IDC rate agreement but are required to develop an IDC
rate proposal must provide a copy of their proposal with their applications. Applicants
who do not have a current negotiated IDC rate agreement (including a provisional
rate) and wish to charge the de minimis rate must reach out to FEMA for further
instructions. Applicants who wish to use a cost allocation plan in lieu of an IDC rate
proposal must reach out to the FEMA Point of Contact for further instructions. As it
relates to the IDC for subrccipients, a recipient must follow the requirements of 2
C.F.R. §§ 200.332 and 200.414 in approving the IDC rate for subawards.
e. Management Costs
M&A activities, also referred to as management costs, are those defined as directly
relating to the M&A of PDM Grant Program funds, such as financial management
and monitoring. A maximum of up to ten percent of the total federal award amount
may be used by the recipient for M&A purposes associated with the award.
Subrecipients may separately use up to five percent of the project award funds for
M&A purposes associated with the award and must include those costs as a separate
line item within the project budget.
M&A costs are any indirect costs, any direct administrative costs, and other
administrative expenses that are reasonably incurred in administering an award or
subaward. Applicant and subapplicant management cost activities directly related to
the implementation of the PDM Grant Program, such as subapplication development,
geocoding mitigation projects, delivery of technical assistance, or managing awards
and staff salary costs, are eligible for PDM funding in accordance with the 2023
HMA Program and Policy Guide.
Applicants may apply for Recipient Management Costs of up to ten percent of the
total federal share of each project subaward to manage that specific project. If the
applicant would like to apply for Recipient Management Costs, it must be deducted
from the subrecipient's JES amount, up to ten percent per subapplication. The
recipient must report on the Recipient Management Costs per 2 CFR 200 and the
2023 HMA Program and Policy Guide. Funding appropriated for one project may
only be used for that project. Applicant requests for Recipient Management Costs
must be submitted in a separate management costs subgrant application in FEMA's
grant application system. Recipient Management Costs are 100 percent federally
funded.
FY 2024 PDM Grant Program NOFO
350
26
Subapplicants may include Subapplicant management costs of up to five percent of
the total of their planning or project subapplication to manage the proposed activity.
Subapplicant management cost activities must be added to the Scope of Work section
and reflected in the Cost Estimate section of subgrant applications in FEMA's grant
application system. Subapplicant management costs must be funded at the project
cost share of up to 75% federal share and 25% local share for most projects, or 90%
federal and 10% cost share for tribal and small impoverished community projects.
Management costs are only awarded in conjunction with awarded project, project
scoping or planning subapplications. Applicants and subapplicants who do not
receive awards/subawards for any planning, advance assistance or project
subapplications will not receive reimbursement for management costs (see the
Review and Selection Process subsection in Section E of this NOFO).
M&A are not operational costs but are necessary costs incurred in direct support of
the federal award or as a consequence of it, such as travel, meeting -related expenses,
and salaries of full/part-time staff in direct support of the program. As such, M&A
costs can be itemized in financial reports.
E. Application Review Information
1. Application Evaluation Criteria
a. Programmatic Criteria
Applications will be reviewed to ensure completeness, adherence to programmatic
guidelines, and cost allowability.
b. Financial Integrity Criteria
Prior to making a federal award, FEMA is required by 31 U.S.C. § 3354, as enacted
by the Payment Integrity Information Act of 2019, Pub. L. No. 116-117 (2020); 41
U.S.C. § 2313; and 2 C.F.R. § 200.206 to review information available through any
Office of Management and Budget (OMB) -designated repositories of
governmentwide eligibility qualification or financial integrity information, including
whether SAM.gov identifies the applicant as being excluded from receiving federal
awards or is flagged for any integrity record submission. FEMA may also pose
additional questions to the applicant to aid in conducting the pre -award risk review.
Therefore, application evaluation criteria may include the following risk-based
considerations of the applicant:
i. Financial stability.
ii. Quality of management systems and ability to meet management
standards.
iii. History of performance in managing federal award.
iv. Reports and findings from audits.
v. Ability to effectively implement statutory, regulatory, or other
requirements.
FY 2024 PDM Grant Program NOFO
351
27
c. Supplemental Financial Integrity Criteria and Review
Prior to making a federal award where the anticipated total federal share will be
greater than the simplified acquisition threshold, currently $250,000:
i. FEMA is required by 41 U.S.C. § 2313 and 2 C.F.R. § 200.206(a)(2) to
review and consider any information about the applicant, including
information on the applicant's immediate and highest -level owner,
subsidiaries, and predecessors, if applicable, that is in the designated
integrity and performance system accessible through the System for
Award Management (SAM), which is currently the Federal Awardee
Performance and Integrity Information System (FAPIIS).
ii. An applicant, at its option, may review information in FAPIIS and
comment on any information about itself that a federal awarding agency
previously entered.
iii. FEMA will consider any comments by the applicant, in addition to the
other information in FAPIIS, in making a judgment about the applicant's
integrity, business ethics, and record of performance under federal awards
when completing the review of risk posed by applicants as described in 2
C.F.R. § 200.206.
2. Review and Selection Process
FEMA will review subapplications submitted by each applicant to ensure compliance with
federal laws and regulation, the HMA Guidance and this NOFO. This includes eligibility of
the applicant and subapplicant, eligibility of proposed activities and costs, completeness of
the subapplication, cost-effectiveness and engineering feasibility of mitigation projects,
eligibility and availability of the non-federal cost share, and alignment with approved State
Mitigation Plan and Local and/or Tribal Hazard Mitigation Plan for mitigation projects. The
deadline to respond to any final Request For Information (RFI) is August 1, 2024.
Subapplicants must submit a formal withdrawal letter for any project not advancing in the
awarding process. For more detailed information, see Part 6, Application and Submission
Information, of the 2023 HMA Program and Policy Guide.
FEMA will work with applicants and Subapplicants to get projects as close to eligible as
possible, however, appeals will not be allowed or approved.
F. Federal Award Administration Information
1. Notice of Award
Before accepting the award, the AOR and recipient should carefully read the award package.
The award package includes instructions on administering the grant award and the terms and
conditions associated with responsibilities under federal awards. Recipients must accept all
conditions in this NOFO as well as any specific terms and conditions in the Notice of
Award to receive an award under this program.
FEMA will provide the federal award package to the applicant electronically via MT
eGrants. Award packages include an Award Letter, Summary Award Memo,
Agreement Articles, and Obligating Document. An email notification of the award
package will be sent through MT eGrants.
FY 2024 PDM Grant Program NOFO
352
W.
Notification of award approval is made through the MT eGrants system through an automatic
electronic mail to the recipient's authorized official listed in the initial application. The
recipient should follow the directions in the notification to confirm acceptance of the award.
Recipients must accept their awards no later than 60 days from the award date. The recipient
shall notify FEMA of its intent to accept and proceed with work under the award or provide a
notice of intent to decline through the MT eGrants system. For instructions on how to accept
or decline an award in the MT eGrants system, please see the MT eGrants System Applicant
Quick Reference Guide, which is available at fema_mt-e agr nts-system-reference-guide-for-
recipients_ support_ document March 2018.pdf along with other MT eGrants materials.
Funds will remain on hold until the recipient accepts the award through the MT eGrants
system and all other conditions of the award have been satisfied or until the award is
otherwise rescinded. Failure to accept a grant award within the 60 -day timeframe may result
in a loss of funds.
2. Pass -Through Requirements
Awards made to the State Awarding Agency (SAA) must be passed through to the entities
identified in Appendix A of this NOFO.
3. Administrative and National Policy Requirements
In addition to the requirements of in this section and in this NOFO, FEMA may place
specific terms and conditions on individual awards in accordance with 2 C.F.R. Part 200.
a. DHS Standard Terms and Conditions
All successful applicants for DHS grant and cooperative agreements are required to
comply with DHS Standard Terms and Conditions, which are available online at:
DHS Standard Terms and Conditions.
The applicable DHS Standard Terms and Conditions will be those in effect at the time
the award was made. What terms and conditions will apply for the award will be
clearly stated in the award package at the time of award.
b. Ensuring the Protection of Civil Rights
As the Nation works towards achieving the National Preparedness Goal, it is
important to continue to protect the civil rights of individuals. Recipients and
subrecipients must carry out their programs and activities, including those related to
the building, sustainment, and delivery of core capabilities, in a manner that respects
and ensures the protection of civil rights for protected populations.
Federal civil rights statutes, such as Section 504 of the Rehabilitation Act of 1973 and
Title VI of the Civil Rights Act of 1964, along with DHS and FEMA regulations,
prohibit discrimination on the basis of race, color, national origin, sex, religion, age,
disability, limited English proficiency, or economic status in connection with
programs and activities receiving federal financial assistance from FEMA, as
applicable.
FY 2024 PDM Grant Program NOFO
353
c
The DHS Standard Terms and Conditions include a fuller list of the civil rights
provisions that apply to recipients. These terms and conditions can be found in the
DHS Standard Terms and Conditions. Additional information on civil rights
provisions is available at https://www.fema.gov/about/offices/equal-rights/civil-
rights.
Monitoring and oversight requirements in connection with recipient compliance with
federal civil rights laws are also authorized pursuant to 44 C.F.R. Part 7 or other
applicable regulations.
In accordance with civil rights laws and regulations, recipients and subrecipients must
ensure the consistent and systematic fair, just, and impartial treatment of all
individuals, including individuals who belong to underserved communities that have
been denied such treatment.
c. Environmental Planning and Historic Preservation (EHP) Compliance
As a federal agency, FEMA is required to consider the effects of its actions on the
environment and historic properties to ensure that all activities and programs funded
by FEMA, including grant -funded projects, comply with federal EHP laws, Executive
Orders, regulations, and policies, as applicable.
Recipients and subrecipients proposing projects that have the potential to
impact the environment, including, but not limited to, the construction of
communication towers, modification or renovation of existing buildings,
structures, and facilities, or new construction including replacement of facilities,
must participate in the FEMA EHP review process. The EHP review process
involves the submission of a detailed project description along with any supporting
documentation requested by FEMA in order to determine whether the proposed
project has the potential to impact environmental resources including, but not limited
to, threatened or endangered species and historic properties; and identify mitigation
measures and/or alternative courses of action that may lessen any impact to those
resources.
In some cases, FEMA is also required to consult with other regulatory agencies and
the public in order to complete the review process. Federal law requires EHP review
to be completed before federal funds are released to carry out proposed projects.
FEMA may not be able to fund projects that are not in compliance with applicable
EHP laws, Executive Orders, regulations, and policies. FEMA may recommend
mitigation measures and/or alternative courses of action to lessen any impact to
environmental resources and bring the project into compliance with EHP
requirements.
Guidance on the EHP process is found at Environmental Planning and Historic
Preservation. The site contains links to various documents including those identifying
agency EHP responsibilities and program requirements, such as implementation of
the National Environmental Policy Act and other EHP laws, regulations, and
FY 2024 PDM Grant Program NOFO
354
30
Executive Orders. DHS and FEMA EHP policy is also found in the EHP Directive
Instruction.
All FEMA actions, including grant -funded actions, must comply with National Flood
Insurance Program criteria or any more restrictive federal, state, or local floodplain
management standards or building code (44 CFR § 9.11(d)(6)).
All FEMA -funded non-critical actions in 1% annual chance floodplains (also known
as 100 -year floodplains) that involve structure elevation, mitigation reconstruction, dry
floodproofing, new construction, repair of substantial damage or substantial
improvement of structures must be elevated or floodproofed, at a minimum, to the
lower of:
Two feet above the 1% annual chance flood elevation (also known as the base
flood elevation), in accordance with the Federal Flood Risk Management
Standard (FFRMS) "Freeboard Value Approach" (FVA); or
The 0.2% annual chance flood elevation. Where 0.2% annual chance flood
elevations are not available, such actions must be elevated to at least two feet
above the 1% annual chance flood elevation.
All FEMA -funded critical actions in 1% annual chance floodplains or 0.2% annual
chance floodplains (also known as 500 -year floodplains) that involve structure
elevation, mitigation reconstruction, dry floodproofing, new construction, repair of
substantial damage or substantial improvement of structures must be elevated, at a
minimum, to the higher of:
• Three feet above the 1% annual chance flood elevation; or
The 0.2% annual chance flood elevation. Where 0.2% annual chance flood
elevations are not available, such actions must be elevated to at least three feet
above the 1% annual chance flood elevation.
See Executive Order 11988, Floodplain Management, as amended by Executive
Order 13690, Establishing a Federal Flood Risk Management Standard and a
Process for Further Soliciting and Considering Stakeholder Input, and the 2023 HMA
Program and Policy Guide.
Individual FEMA programs have separate procedures to conduct and document EHP
review. Guidance for individual grant programs is available from applicable program
offices.
Presidential EO 11988: Floodplain Management and EO 11990: Protection of
Wetlands require that all federal actions in or affecting the floodplain or wetlands be
reviewed for opportunities to relocate, and be evaluated for social, economic,
historical, environmental, legal and safety considerations. FEMA's regulations at 44
C.F.R. Part 9 implement the EOs and require an 8 -step review process if a proposed
action is located in a floodplain or wetland consistent with 44 C.F.R. § 9.6. The
regulation also requires that the federal agency provide public notice of the proposed
action at the earliest possible time to provide the opportunity for public involvement
FY 2024 PDM Grant Program NOFO
355
31
in the decision-making process (44 C.F.R. § 9.8). Where there is no opportunity to
relocate the federal action, FEMA is required to undertake a detailed review to
determine what measures can be taken to minimize future damages to the floodplain
or wetland.
Through this NOFO, FEMA is giving notice of projects that may be funded under the
PDM program, consistent with the requirements of Section 9.8. The public is invited
to participate in the process of identifying alternatives to locating a proposed project
in the floodplain or wetland and analyzing the impacts of the alternatives on the
floodplain or wetland. Comments may be provided by emailing fema-oehp-
nofoquestionskfema.dhs.gov within 15 days of its issuance. While analyzing
alternatives, FEMA may determine there are no practicable alternatives to carrying
out the proposed work within the floodplain or wetland. Relocating facilities may not
be practicable and could adversely impact affected communities socially and
economically.
In addition, no alternative actions may be practicable that serve the same purpose and
have less potential to affect or be affected by the floodplain. The no action option
would not be appropriate as it would fail to meet the purpose and need of the
community. In the course of developing project proposals, subsequent public notices
will be published, if necessary, as more specific information becomes available.
d. Construction Project Requirements
Acceptance of federal funding requires FEMA, the recipient, and any subrecipients to
comply with all federal, state, and local laws and regulations prior to the start of any
construction activity. Failure to obtain all appropriate federal, state, and local
environmental permits and clearances may jeopardize federal funding. Also:
a. Any change to the approved scope of work will require re-evaluation by FEMA
for recipient and subrecipient compliance with the NEPA and other laws,
regulations and executive orders.
b. If ground -disturbing activities occur during construction, the recipient and any
subrecipients must ensure monitoring of ground disturbance, and if any potential
archaeological resources are discovered, the subrecipient will immediately cease
construction in that area and notify the recipient and FEMA.
c. In compliance with 42 U.S.C. 4012a(a), when financial assistance is approved for
acquisition or construction purposes within the SFHA, for structures in the SFHA
at the time of project completion, flood insurance shall be maintained for the life
of the property regardless of transfer of ownership for any properties.
e. Mandatory Disclosures
The non -Federal entity or applicant for a Federal award must disclose, in a timely
manner, in writing to the Federal awarding agency or pass-through entity all
violations of Federal criminal law involving fraud, bribery, or gratuity violations
potentially affecting the Federal award. (2CFR 200.113)
Please note applicants and recipients may report issues of fraud, waste, abuse, and
mismanagement, or other criminal or noncriminal misconduct to the Office of
FY 2024 PDM Grant Program NOFO
356
32
Inspector General (OIG) Hotline. The toll-free numbers to call are 1 (800) 323-8603,
and TTY 1 (844) 889-4357.
4. Reporting
Recipients are required to submit various financial and programmatic reports as a condition
of award acceptance. Future awards and funds drawdown may be withheld if these reports
are delinquent.
a. Financial Reporting Requirements
I. FEDERAL FINANCIAL REPORT (FFR)
Recipients must report obligations and expenditures through the FFR form (SF -
425) to FEMA.
Recipients may review the Federal Financial Reporting Form (FFR) (SF -425) at
hLtps:Hgp]2ly07.grants.gov/gpply/fortns/sgMple/SF425-V1.O.pdf
Recipients must file the FFR electronically using the Payment and Reporting
Systems (PARS).
ll. FFR REPORTING PERIODS AND DUE DATES
An FFR must be submitted quarterly throughout the POP, including partial
calendar quarters, as well as in periods where no grant award activity occurs. The
final FFR is due within 120 calendar days after the end of the POP. Future awards
and fund drawdowns may be withheld if these reports are delinquent, demonstrate
lack of progress, or are insufficient in detail.
Except for the final FFR due at 120 days after the end of the POP for purposes of
closeout, the following reporting periods and due dates apply for the FFR:
Reporting Period
ReportDate
October 1 — December 31
January 30
January 1 — March 31
April 30
April 1 — June 30
July 30
July 1— September 30
October 30
b. Programmatic Performance Reporting Requirements
I. PERFORMANCE PROGRESS REPORT (PPR)
In addition to the FFR reports, Recipients must report on the progress of the grant
on a quarterly basis to DHS/FEMA using the Quarterly Performance Report
(QPR) in MT eGrants. The QPRs must be submitted electronically in FEMA's
grant application system quarterly throughout the POP, including partial calendar
quarters, as well as for periods where no grant award activity occurs. Reports are
FY 2024 PDM Grant Program NOFO
357
33
due within 30 days from the end of the first federal quarter following the initial
grant award and thereafter until the grant ends.
c. Closeout Reporting Requirements
I. CLOSEOUT REPORTING
Within 120 calendar days after the end of the period of performance for the prime
award or after an amendment has been issued to close out an award before the
original POP ends, recipients must liquidate all financial obligations and must
submit the following:
i. The final request for payment, if applicable.
ii. The final FFR (SF -425).
iii. The final progress report detailing all accomplishments, including a
narrative summary of the impact of those accomplishments throughout the
period of performance. If applicable The recipient must include with the
final progress report an inventory of all construction projects.
iv. Other documents required by this NOFO, terms and conditions of the
award, or other FEMA guidance. If the final FFR and performance report
periods coincide with the end of the period of performance, FEMA has
discretion under 2 C.F.R. Part 200 to waive the last
quarterly/semiannual/annual reports and only require the final FFR and
performance report for closeout purposes. The recipient is responsible for
returning any balances of unobligated or unliquidated funds that have been
drawn down that are not authorized to be retained per 2 C.F.R. §
200.344(d).
In addition, pass-through entities are responsible for closing out their subawards
as described in 2 C.F.R. § 200.344; subrecipients are still required to submit
closeout materials within 90 calendar days of the period of performance end date.
When a subrecipient completes all closeout requirements, pass-through entities
must promptly complete all closeout actions for subawards in time for the
recipient to submit all necessary documentation and information to FEMA during
the closeout of the prime award.
After the prime award closeout reports have been reviewed and approved by
FEMA, a closeout notice will be completed to close out the grant. The notice will
indicate the period of performance as closed, list any remaining funds that will be
deobligated, and address the requirement of maintaining the grant records for at
least three years from the date of the final FFR. The record retention period may
be longer, such as due to an audit or litigation, for equipment or real property used
beyond the period of performance, or due to other circumstances outlined in 2
C.F.R. § 200.334.
The recipient is responsible for refunding to FEMA any balances of unobligated
cash that FEMA paid that are not authorized to be retained per 2 C.F.R. §
200.344(d).
FY 2024 PDM Grant Program NOFO
358
34
11. ADMINISTRATIVE CLOSEOUT
Administrative closeout is a mechanism for FEMA to unilaterally move forward
with closeout of an award using available award information in lieu of final
reports from the recipient per 2 C.F.R. § 200.344(h) -(i). It is a last resort available
to FEMA, and if FEMA needs to administratively close an award, this may
negatively impact a recipient's ability to obtain future funding. This mechanism
can also require FEMA to make cash or cost adjustments and ineligible cost
determinations based on the information it has, which may result in identifying a
debt owed to FEMA by the recipient.
When a recipient is not responsive to FEMA's reasonable efforts to collect
required reports needed to complete the standard closeout process, FEMA is
required under 2 C.F.R. § 200.344(h) to start the administrative closeout process
within the regulatory timeframe. FEMA will make at least three written attempts
to collect required reports before initiating administrative closeout. If the recipient
does not submit all required reports in accordance with 2 C.F.R. § 200.344, this
NOFO, and the terms and conditions of the award, FEMA must proceed to
administratively close the award with the information available within one year of
the period of performance end date. Additionally, if the recipient does not submit
all required reports within one year of the period of performance end date, per 2
C.F.R. § 200.344(1), FEMA must report in Contracting Performance Assessment
Reporting System (CPARS) the recipient's material failure to comply with the
terms and conditions of the award.
If FEMA administratively closes an award where no final FFR has been
submitted, FEMA uses that administrative closeout date in lieu of the final FFR
submission date as the start of the record retention period under 2 C.F.R. §
200.334.
In addition, if an award is administratively closed, FEMA may decide to impose
remedies for noncompliance per 2 C.F.R. § 200.339, consider this information in
reviewing future award applications, or apply special conditions to existing or
future awards.
d. Additional Reporting Requirements
I. DISCLOSING INFORMATION PER 2 C.F.R. § 180.335
This reporting requirement pertains to disclosing information related to
government -wide suspension and debarment requirements. Before a recipient
enters into a grant award with FEMA, the recipient must notify FEMA if it
knows if it or any of the recipient's principals under the award fall under one
or more of the four criteria listed at 2 C.F.R. § 180.335:
i. Are presently excluded or disqualified;
ii. Have been convicted within the preceding three years of any of the
offenses listed in 2 C.F.R. § 180.800(a) or had a civil judgment rendered
against it or any of the recipient's principals for one of those offenses
within that time period;
FY 2024 PDM Grant Program NOFO
359
35
iii. Are presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any of the
offenses listed in 2 C.F.R. § 180.800(a); or
iv. Have had one or more public transactions (federal, state, or local)
terminated within the preceding three years for cause or default.
At any time after accepting the award, if the recipient learns that it or any of its
principals falls under one or more of the criteria listed at 2 C.F.R. § 180.335,
the recipient must provide immediate written notice to FEMA in accordance
with 2 C.F.R. � 180.350.
ii. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND
PERFORMANCE
Appendix XII to 2 C.F.R. Part 200 sets forth a term and condition related to
recipient integrity and performance matters that will apply to all federal awards
under this funding opportunity. If the total value of currently active grants,
cooperative agreements, and procurement contracts from all federal awarding
agencies exceeds $10,000,000 for any period of time during the period of
performance of a federal award under this funding opportunity, then a recipient
must maintain the currency of information reported in the Contracting
Performance Assessment Reporting System (CPARS) about civil, criminal, or
administrative proceedings described in paragraph 2 of Appendix XII at the
reporting frequency described in paragraph 4 of Appendix XII.
III. SINGLE AUDIT REPORT
A recipient that expends $750,000 or more during the recipient's fiscal year in
federal awards (as defined by 2 C.F.R. § 200.1) must have a single audit
conducted in accordance with 2 C.F.R. § 200.514 except when it elects to have a
program -specific audit conducted in accordance with 2 C.F.R. § 200.501. The
audit must be conducted in accordance with 2 C.F.R. Part 200, Subpart F and, as
required by 2 C.F.R. § 200.514, in accordance with the U.S. Government
Accountability Office (GAO) Generally Accepted Government Auditing
Standards, which can be found on the Yellow Book page of the GAO website.
5. Monitoring and Oversight
The regulation at 2 C.F.R. § 200.337 provides DHS and any of its authorized representatives
with the right of access to any documents, papers, or other records of the recipient [and any
subrecipients] that are pertinent to a federal award in order to make audits, examinations,
excerpts, and transcripts. The right also includes timely and reasonable access to the
recipient's or subrecipient's personnel for the purpose of interview and discussion related to
such documents. Pursuant to this right and per 2 C.F.R. § 200.329, DHS may conduct desk
reviews and make site visits to review project accomplishments and management control
systems to evaluate project accomplishments and to provide any required technical
assistance. During site visits, DHS may review a recipient's or subrecipient's files pertinent
to the federal award and interview and/or discuss these files with the recipient's or
subrecipient's personnel. Recipients and subrecipients must respond in a timely and accurate
manner to DHS requests for information relating to a federal award.
FY 2024 PDM Grant Program NOFO
360
36
Effective monitoring and oversight help FEMA ensure that recipients use grant funds for
their intended purpose(s); verify that projects undertaken are consistent with approved plans;
and ensure that recipients make adequate progress toward stated goals and objectives.
Additionally, monitoring serves as the primary mechanism to ensure that recipients comply
with applicable laws, rules, regulations, program guidance, and requirements. FEMA
regularly monitors all grant programs both financially and programmatically in accordance
with federal laws, regulations (including 2 C.F.R. Part 200), program guidance, and the terms
and conditions of the award. All monitoring efforts ultimately serve to evaluate progress
towards grant goals and proactively target and address issues that may threaten grant success
during the period of performance.
FEMA staff will periodically monitor recipients to ensure that administrative processes,
policies and procedures, budgets, and other related award criteria are meeting Federal
Government -wide and FEMA regulations. Aside from reviewing quarterly financial and
programmatic reports, FEMA may also conduct enhanced monitoring through either desk -
based reviews, onsite monitoring visits, or both. Enhanced monitoring will involve the
review and analysis of the financial compliance and administrative processes, policies,
activities, and other attributes of each federal assistance award, and it will identify areas
where the recipient may need technical assistance, corrective actions, or other support.
Financial and programmatic monitoring are complementary processes within FEMA's
overarching monitoring strategy that function together to ensure effective grants
management, accountability, and transparency; validate progress against grant and program
goals; and safeguard federal funds against fraud, waste, and abuse. Financial monitoring
primarily focuses on statutory and regulatory compliance with administrative grant
requirements, while programmatic monitoring seeks to validate and assist in grant progress,
targeting issues that may be hindering achievement of project goals and ensuring compliance
with the purpose of the grant and grant program. Both monitoring processes are similar in
that they feature initial reviews of all open awards, and additional, in-depth monitoring of
grants requiring additional attention.
Recipients and subrecipients who are pass-through entities are responsible for monitoring
their subrecipients in a manner consistent with the terms of the federal award at 2 C.F.R. Part
200, including 2 C.F.R. § 200.332. This includes the pass-through entity's responsibility to
monitor the activities of the subrecipient as necessary to ensure that the subaward is used for
authorized purposes, in compliance with federal statutes, regulations, and the terms and
conditions of the subaward; and that subaward performance goals are achieved.
In terms of overall award management, recipient and subrecipient responsibilities include,
but are not limited to: accounting of receipts and expenditures, cash management,
maintaining adequate financial records, reporting and refunding expenditures disallowed by
audits, monitoring if acting as a pass-through entity, or other assessments and reviews, and
ensuring overall compliance with the terms and conditions of the award or subaward, as
applicable, including the terms of 2 C.F.R. Part 200.
Cost overruns are not allowed.
FY 2024 PDM Grant Program NOFO
361
37
G. DHS Awarding Agency Contact Information
1. Contact and Resource Information
a. Program Office Contact
General questions about the PDM Grant Program can be directed to the appropriate
FEMA Regional Office or State Hazard Mitigation Officer. Contact information for
FEMA Regional Offices is provided at Contact Us I FEMA.gov. Contact information
for the State Hazard Mitigation Officers is provided at
https://www.fema.gov/grants/mitigation/state-contacts.
For questions about FY24 PDM, contact the HMA Helpline by telephone at 1-866-
222-3580 or email FEMA-ASK-PDMkfema.dhs.gov.
For questions about cost-effectiveness and FEMA's BCA software, contact the BC
Helpline by telephone 1-855-540-6744 or email BCHelpline(.fema.dhs.gov.
The Feasibility and Effectiveness Helpline is available for guidance on FEMA
Building Science publications by email FEMA-BuildingScienceHelpgfema.dhs.gov.
For questions about NEPA or EHP requirements, the EHP Helpline is available by
email FEMA-EHPHELPLINEgfema.dhs.gov.
Resources intended to help applicants and subapplicants prepare planning
subapplications are available on FEMA's webpage at Hazard Mitigation Planning as
well as Tribal Mitigation Planning and HMA Grant Application Development (2021)
and Considerations for Local Mitigation Planning Grant Subapplication.
FEMA publications that specify the documentation and information necessary for
FEMA to review project applications for feasibility and effectiveness, cost-
effectiveness, and potential impacts on environmental and cultural resources are
available on the FEMA website at https://www.fema.gov/grants/guidance-tools.
o�v/._ ar�nts/guidance-tools.
b. FEMA Grants News
FEMA Grants News is a non -emergency comprehensive management and
information resource developed by FEMA for grants stakeholders. This channel
provides general information on all FEMA grant programs and maintains a
comprehensive database containing key personnel contact information at the federal,
state, and local levels. When necessary, recipients will be directed to a federal point
of contact who can answer specific programmatic questions or concerns. FEMA
Grants News Team can be reached by e-mail at fema-grants-newsgfema.dhs.gov OR
by phone at (800) 368-6498, Monday through Friday, 9:00 AM — 5:00 PM ET.
c. FEMA Regional Offices
FEMA Regional Offices manage, administer, and conduct the application budget
review, create the award package, approve, amend, and close out awards, as well as
conduct cash analysis, financial and programmatic monitoring, and audit resolution
for PDM. The Regions also provide technical assistance to PDM recipients.
FY 2024 PDM Grant Program NOFO
362
FEMA Regional Office contact information is available at
https://www.fema.gov/fema-regional-contacts.
d. Equal Rights
The FEMA Office of Equal Rights (OER) is responsible for compliance with and
enforcement of federal civil rights obligations in connection with programs and
services conducted by FEMA and recipients of FEMA financial assistance. All
inquiries and communications about federal civil rights compliance for FEMA grants
under this NOFO should be sent to FEMA-CivilRightsOfficekfema.dhs.gov.
e. Environmental Planning and Historic Preservation
The FEMA Office of Environmental Planning and Historic Preservation (OEHP)
provides guidance and information about the EHP review process to FEMA programs
and FEMA's recipients and subrecipients. All inquiries and communications about
EHP compliance for FEMA grant projects under this NOFO or the EHP review
process should be sent to fema-oehp-nofoguestionskfema.dhs.gov.
2. Systems Information
a. Mitigation eGrants (MT eGrants)
For technical assistance with the MT eGrants, please contact the Mitigation eGrants
Helpdesk at mte ra�nts&fema.dhs.gov.
Information, training, and resources on MT eGrants are available on the FEMA
website at https://www.fema..gov/grants/mitigation/mitigation-e ar�ystem-
resources. Frequently asked question can be found at
https://www.fema.gov/sites/default/files/2020-08/fema mt-egrants-frequently-asked-
guestions_support_document March 2018.pdf
b. Payment and Reporting System (PARS)
FEMA uses the Payment and Reporting System PARS) for financial reporting,
invoicing, and tracking payments. FEMA uses the Direct Deposit/Electronic Funds
Transfer (DD/EFT) method of payment to recipients. If you have questions about the
online system, please call the Customer Service Center at (866) 927-5646 or email
ask-GMDgfema.dhs. gov.
H. Additional Information
1. Termination Provisions
FEMA may terminate a federal award in whole or in part for one of the following reasons.
FEMA and the recipient must still comply with closeout requirements at 2 C.F.R. §§
200.344-200.345 even if an award is terminated in whole or in part. To the extent that
subawards are permitted under this NOFO, pass-through entities should refer to 2 C.F.R. §
200.340 for additional information on termination regarding subawards.
a. Noncompliance
If a recipient fails to comply with the terms and conditions of a federal award, FEMA
may terminate the award in whole or in part. If the noncompliance can be corrected,
FEMA may first attempt to direct the recipient to correct the noncompliance. This
FY 2024 PDM Grant Program NOFO
363
39
may take the form of a Compliance Notification. If the noncompliance cannot be
corrected or the recipient is non-responsive, FEMA may proceed with a Remedy
Notification, which could impose a remedy for noncompliance per 2 C.F.R. §
200.339, including termination. Any action to terminate based on noncompliance will
follow the requirements of 2 C.F.R. §§ 200.341-200.342 as well as the requirement of
2 C.F.R. § 200.340(c) to report in FAPIIS the recipient's material failure to comply
with the award terms and conditions. See also the section on Actions to Address
Noncompliance in this NOFO.
b. With the Consent of the Recipient
FEMA may also terminate an award in whole or in part with the consent of the
recipient, in which case the parties must agree upon the termination conditions,
including the effective date, and in the case of partial termination, the portion to be
terminated.
c. Notification by the Recipient
The recipient may terminate the award, in whole or in part, by sending written
notification to FEMA setting forth the reasons for such termination, the effective date,
and in the case of partial termination, the portion to be terminated. In the case of
partial termination, FEMA may determine that a partially terminated award will not
accomplish the purpose of the federal award, so FEMA may terminate the award in
its entirety. If that occurs, FEMA will follow the requirements of 2 C.F.R. §§
200.341-200.342 in deciding to fully terminate the award.
2. Program Evaluation
Federal agencies are required to structure NOFOs that incorporate program evaluation
activities from the outset of their program design and implementation to meaningfully
document and measure their progress towards meeting agency priority goal(s) and program
outcomes.
OMB Memorandum M-21-27, Evidence -Based Policymaking: Learning Agendas and
Annual Evaluation Plans, implementing Title I of the Foundations for Evidence -Based
Policymaking Act of 2018, Pub. L. No. 115-435 (2019) (Evidence Act), urges federal
awarding agencies to use program evaluation as a critical tool to learn, improve equitable
delivery, and elevate program service and delivery across the program lifecycle. Evaluation
means "an assessment using systematic data collection and analysis of one or more programs,
policies, and organizations intended to assess their effectiveness and efficiency." Evidence
Act, § 101 (codified at 5 U.S.C. § 311).
As such, recipients and subrecipients are required to participate in a DHS-, Component, or
Program Office -led evaluation if selected, which may be carried out by a third -party on
behalf of the DHS, its component agencies, or the Program Office. Such an evaluation may
involve information collections including but not limited to surveys, interviews, or
discussions with individuals who benefit from the federal award program operating
personnel, and award recipients, as specified in a DHS-, component agency-, or Program
Office -approved evaluation plan. More details about evaluation requirements may be
provided in the federal award, if available at that time, or following the award as evaluation
FY 2024 PDM Grant Program NOFO
364
M
requirements are finalized. Evaluation costs incurred during the period of performance are
allowable costs (either as direct or indirect) Recipients and subrecipients are also encouraged,
but not required, to participate in any additional evaluations after the period of performance
ends, although any costs incurred to participate in such evaluations are not allowable and
may not be charged to the federal award.
3. Period of Performance Extensions
Extensions to the period of performance (POP) for this program are allowed. Extensions to
the POP identified in the award will only be considered through formal, written requests to
the recipient's FEMA Program Analyst and must contain specific and compelling
justifications as to why an extension is required. Recipients are advised to coordinate with
the FEMA Program Analyst as needed when preparing an extension request.
All extension requests must address the following:
a. The grant program, fiscal year, and award number;
b. Reason for the delay —including details of the legal, policy, or operational challenges
that prevent the final outlay of awarded funds by the deadline;
c. Current status of the activity(ies);
d. Approved POP termination date and new project completion date;
e. Amount of funds drawn down to date;
£ Remaining available funds, both federal and, if applicable, non-federal;
g. Budget outlining how remaining federal and, if applicable, non-federal funds will be
expended;
h. Plan for completion, including milestones and timeframes for achieving each
milestone and the position or person responsible for implementing the plan for
completion; and
Certification that the activity(ies) will be completed within the extended POP without
any modification to the original statement of work, as described in the investment
justification and as approved by FEMA.
Extension requests will be granted only due to compelling legal, policy, or operational
challenges. Extension requests will only be considered for the following reasons:
• Contractual commitments by the recipient or subrecipient with vendors prevent
completion of the project, including delivery of equipment or services, within the
existing POP;
• The project must undergo a complex environmental review that cannot be completed
within the existing POP;
• Projects are long-term by design, and therefore acceleration would compromise core
programmatic goals; or
Where other special or extenuating circumstances exist.
Recipients should submit all proposed extension requests to FEMA for review and approval
at least 60 days prior to the end of the POP to allow sufficient processing time. Based on
sufficiency of justification, the FEMA Regional Administrator can issue extensions of
the POP not to exceed September 30, 2028.
FY 2024 PDM Grant Program NOFO
365
41
No additional federal funds will be awarded as part of period of performance
extensions.
4. Disability Integration
Pursuant to Section 504 of the Rehabilitation Act of 1973, recipients of FEMA financial
assistance must ensure that their programs and activities do not discriminate against qualified
individuals with disabilities.
Grant and cooperative agreement recipients should engage with the whole community to
advance individual and community preparedness and to work as a nation to build and sustain
resilience. In doing so, recipients are encouraged to consider the needs of individuals with
disabilities into the activities and projects funded by the grant or cooperative agreement.
FEMA expects that the integration of the needs of people with disabilities will occur at all
levels, including planning; alerting, notification, and public outreach; training; purchasing of
equipment and supplies; protective action implementation; and exercises/drills.
The following are examples that demonstrate the integration of the needs of people with
disabilities in carrying out FEMA awards:
• Include representatives of organizations that work with/for people with disabilities on
planning committees, work groups and other bodies engaged in development and
implementation of the grant programs and activities.
• Hold all activities related to the grant in locations that are accessible to persons with
physical disabilities and intellectual disabilities to the extent practicable.
• Provide auxiliary aids and services, including American Sign Language interpreters,
that provide public information across the community and in shelters.
• Ensure shelter -specific grant funds are in alignment with FEMA's Guidance on
Planning for Integration of Functional Needs Support Services in General Population
Shelters.
• If making alterations to an existing building to a primary function area utilizing
federal funds, complying with the most recent codes and standards and making path
of travel to the primary function area accessible to the greatest extent possible.
• Implement specific procedures used by public transportation agencies that include
evacuation and passenger communication plans and measures for individuals with
disabilities.
• Identify, create, and deliver training to address any training gaps specifically aimed
toward whole -community preparedness. Include and interact with individuals with
disabilities, aligning with the designated program capability.
• Establish best practices in inclusive planning and preparedness that consider physical
access, needs of individuals with intellectual disabilities, and information access
FEMA grant recipients can fund projects towards the resiliency of the whole community,
including people with disabilities, such as training, outreach and safety campaigns, provided
that the project aligns with this NOFO and the terms and conditions of the award.
FY 2024 PDM Grant Program NOFO
366
42
5. Conflicts of Interest in the Administration of Federal Awards or Subawards
For conflicts of interest under grant -funded procurements and contracts, refer to the section
on Procurement Integrity in this NOFO and 2 C.F.R. §§ 200.317 — 200.327.
To eliminate and reduce the impact of conflicts of interest in the subaward process, recipients
and pass-through entities must follow their own policies and procedures regarding the
elimination or reduction of conflicts of interest when making subawards. Recipients and
pass-through entities are also required to follow any applicable federal and state, local, tribal,
or territorial (SLTT) statutes or regulations governing conflicts of interest in the making of
subawards.
The recipient or pass-through entity must disclose to the respective Program Analyst or
Program Manager, in writing, any real or potential conflict of interest that may arise during
the administration of the federal award, as defined by the federal or SLTT statutes or
regulations or their own existing policies, within five days of learning of the conflict of
interest. Similarly, subrecipients, whether acting as subrecipients or as pass-through entities,
must disclose any real or potential conflict of interest to the recipient or next -level pass-
through entity as required by the recipient or pass-through entity's conflict of interest
policies, or any applicable federal or SLTT statutes or regulations.
Conflicts of interest may arise during the process of FEMA making a federal award in
situations where an employee, officer, or agent, any members of his or her immediate family,
his or her partner has a close personal relationship, a business relationship, or a professional
relationship, with an applicant, subapplicant, recipient, subrecipient, or FEMA employees.
6. Procurement Integrity
Through audits conducted by the DHS Office of Inspector General (OIG) and FEMA grant
monitoring, findings have shown that some FEMA recipients have not fully adhered to the
proper procurement requirements at 2 C.F.R. §§ 200.317 — 200.327 when spending grant
funds. Anything less than full compliance with federal procurement requirements jeopardizes
the integrity of the grant as well as the grant program. To assist with determining whether an
action is a procurement or instead a subaward, please consult 2 C.F.R. § 200.331. For
detailed guidance on the federal procurement standards, recipients and subrecipients should
refer to various materials issued by FEMA's Procurement Disaster Assistance Team (PDAT),
such as the PDAT Field Manual and Contract Provisions Guide. Additional resources,
including an upcoming trainings schedule can be found on the PDAT Website:
https://www.fema.gov/arants/Trocurement.
The below highlights the federal procurement requirements for FEMA recipients when
procuring goods and services with federal grant funds. FEMA will include a review of
recipients' procurement practices as part of the normal monitoring activities. All
procurement activity must be conducted in accordance with federal procurement
standards at 2 C.F.R. §§ 200.317 — 200.327. Select requirements under these standards are
listed below. The recipient and any of its subrecipients must comply with all requirements,
even if they are not listed below.
FY 2024 PDM Grant Program NOFO
367
43
Under 2 C.F.R. § 200.317, when procuring property and services under a federal award,
states (including territories) must follow the same policies and procedures they use for
procurements from their non-federal funds; additionally, states must now follow 2 C.F.R. §
200.321 regarding socioeconomic steps, 200.322 regarding domestic preferences for
procurements, 200.323 regarding procurement of recovered materials, and 2 C.F.R. §
200.327 regarding required contract provisions.
All other non-federal entities, such as tribes (collectively, non -state entities), must have and
use their own documented procurement procedures that reflect applicable SLTT laws and
regulations, provided that the procurements conform to applicable federal law and the
standards identified in 2 C.F.R. Part 200. These standards include, but are not limited to,
providing for full and open competition consistent with the standards of 2 C.F.R. § 200.319
and the required procurement methods at § 200.320.
a. Important Changes to Procurement Standards in 2 C.F.R. Part 200
States are now required to follow the socioeconomic steps in soliciting small and
minority businesses, women's business enterprises, and labor surplus area firms per 2
C.F.R. § 200.321. All non-federal entities should also, to the greatest extent
practicable under a federal award, provide a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United States per 2 C.F.R. §
200.322. More information on OMB's revisions to the federal procurement standards
can be found in Purchasing Under a FEMA Award: OMB Revisions Fact Sheet.
The recognized procurement methods in 2 C.F.R. § 200.320 have been reorganized
into informal procurement methods, which include micro -purchases and small
purchases; formal procurement methods, which include sealed bidding and
competitive proposals; and noncompetitive procurements. The federal micro -purchase
threshold is currently $10,000, and non -state entities may use a lower threshold when
using micro -purchase procedures under a FEMA award. If a non -state entity wants to
use a micro -purchase threshold higher than the federal threshold, it must follow the
requirements of 2 C.F.R. § 200.320(a)(1)(iii)-(v). The federal simplified acquisition
threshold is currently $250,000, and a non -state entity may use a lower threshold but
may not exceed the federal threshold when using small purchase procedures under a
FEMA award. See 2 C.F.R. § 200.1 (citing the definition of simplified acquisition
threshold from 48 C.F.R. Part 2, Subpart 2.1).
See 2 C.F.R. §§ 200.216, 200.471, and Appendix II as well as section D.13.a of the
NOFO regarding prohibitions on covered telecommunications equipment or services.
b. Competition and Conflicts of Interest
Among the requirements of 2 C.F.R. § 200.319(b) applicable to all non-federal
entities other than states, in order to ensure objective contractor performance and
eliminate unfair competitive advantage, contractors that develop or draft
specifications, requirements, statements of work, or invitations for bids or requests for
proposals must be excluded from competing for such procurements. FEMA considers
these actions to be an organizational conflict of interest and interprets this restriction
as applying to contractors that help a non-federal entity develop its grant application,
FY 2024 PDM Grant Program NOFO
368
M
project plans, or project budget. This prohibition also applies to the use of former
employees to manage the grant or carry out a contract when those former employees
worked on such activities while they were employees of the non-federal entity.
Under this prohibition, unless the non-federal entity solicits for and awards a contract
covering both development and execution of specifications (or similar elements as
described above), and this contract was procured in compliance with 2 C.F.R. §§
200.317 — 200.327, federal funds cannot be used to pay a contractor to carry out the
work if that contractor also worked on the development of those specifications. This
rule applies to all contracts funded with federal grant funds, including pre -award
costs, such as grant writer fees, as well as post -award costs, such as grant
management fees.
Additionally, some of the situations considered to be restrictive of competition
include, but are not limited to:
• Placing unreasonable requirements on firms for them to qualify to do business;
• Requiring unnecessary experience and excessive bonding;
• Noncompetitive pricing practices between firms or between affiliated companies;
• Noncompetitive contracts to consultants that are on retainer contracts;
• Organizational conflicts of interest;
• Specifying only a "brand name" product instead of allowing "an equal" product to
be offered and describing the performance or other relevant requirements of the
procurement; and
• Any arbitrary action in the procurement process.
Per 2 C.F.R. § 200.319(c), non-federal entities other than states must conduct
procurements in a manner that prohibits the use of statutorily or administratively
imposed SLTT geographical preferences in the evaluation of bids or proposals, except
in those cases where applicable federal statutes expressly mandate or encourage
geographic preference. Nothing in this section preempts state licensing laws. When
contracting for architectural and engineering services, geographic location may be a
selection criterion provided its application leaves an appropriate number of qualified
fn -ms, given the nature and size of the project, to compete for the contract.
Under 2 C.F.R. § 200.318(c)(1), non-federal entities other than states are required to
maintain written standards of conduct covering conflicts of interest and governing the
actions of their employees engaged in the selection, award, and administration of
contracts. No employee, officer, or agent may participate in the selection, award,
or administration of a contract supported by a federal award if he or she has a
real or apparent conflict of interest. Such conflicts of interest would arise when the
employee, officer or agent, any member of his or her immediate family, his or her
partner, or an organization that employs or is about to employ any of the parties
indicated herein, has a financial or other interest in or a tangible personal benefit from
a firm considered for a contract. The officers, employees, and agents of the non-
federal entity may neither solicit nor accept gratuities, favors, or anything of
monetary value from contractors or parties to subcontracts. However, non-federal
entities may set standards for situations in which the financial interest is not
FY 2024 PDM Grant Program NOFO
369
45
substantial, or the gift is an unsolicited item of nominal value. The standards of
conduct must provide for disciplinary actions to be applied for violations of such
standards by officers, employees, or agents of the non-federal entity.
Under 2 C.F.R. 200.318(c)(2), if the recipient or subrecipient (other than states) has a
parent, affiliate, or subsidiary organization that is not a state, local, tribal, or territorial
government, the non-federal entity must also maintain written standards of conduct
covering organizational conflicts of interest. In this context, organizational conflict of
interest means that because of a relationship with a parent company, affiliate, or
subsidiary organization, the non-federal entity is unable or appears to be unable to be
impartial in conducting a procurement action involving a related organization. The
non-federal entity must disclose in writing any potential conflicts of interest to FEMA
or the pass-through entity in accordance with applicable FEMA policy.
c. Supply Schedules and Purchasing Programs
Generally, a non-federal entity may seek to procure goods or services from a federal
supply schedule, state supply schedule, or group purchasing agreement.
I. GENERAL SERVICES ADMINISTRATION SCHEDULES
States, tribes, and local governments, and any instrumentality thereof (such as
local education agencies or institutions of higher education) may procure goods
and services from a General Services Administration (GSA) schedule. GSA offers
multiple efficient and effective procurement programs for state, tribal, and local
governments, and instrumentalities thereof, to purchase products and services
directly from pre -vetted contractors. The GSA Schedules (also referred to as the
Multiple Award Schedules and the Federal Supply Schedules) are long-term
government -wide contracts with commercial firms that provide access to millions
of commercial products and services at volume discount pricing.
Information about GSA programs for states, tribes, and local governments, and
instrumentalities thereof, can be found at https://www.gsa.gov/resources-
for/programs-for-State-and-local-governments and https://www.asa ov/burg-
selling/purchasing-prorg ams/gsa-schedules/schedule-buyers/state-and-local-
governments.
For tribes, local governments, and their instrumentalities that purchase off of a
GSA schedule, this will satisfy the federal requirements for full and open
competition provided that the recipient follows the GSA ordering procedures;
however, tribes, local governments, and their instrumentalities will still need to
follow the other rules under 2 C.F.R. §§ 200.317 — 200.327, such as solicitation of
minority businesses, women's business enterprises, small businesses, or labor
surplus area firms (§ 200.321), domestic preferences (§ 200.322), contract cost
and price (§ 200.324), and required contract provisions (§ 200.327 and Appendix
II).
FY 2024 PDM Grant Program NOFO
370
46
11. OTHER SUPPLY SCHEDULES AND PROGRAMS
For non-federal entities other than states, such as tribes, local governments, and
nonprofits, that want to procure goods or services from a state supply schedule,
cooperative purchasing program, or other similar program, in order for such
procurements to be permissible under federal requirements, the following must be
true:
• The procurement of the original contract or purchasing schedule and its
use by the non-federal entity complies with state and local law,
regulations, and written procurement procedures;
• The state or other entity that originally procured the original contract or
purchasing schedule entered into the contract or schedule with the express
purpose of making it available to the non-federal entity and other similar
types of entities;
• The contract or purchasing schedule specifically allows for such use, and
the work to be performed for the non-federal entity falls within the scope
of work under the contract as to type, amount, and geography;
• The procurement of the original contract or purchasing schedule complied
with all the procurement standards applicable to a non-federal entity other
than states under at 2 C.F.R. §§ 200.317 — 200.327; and
• With respect to the use of a purchasing schedule, the non-federal entity
must follow ordering procedures that adhere to applicable state, tribal, and
local laws and regulations and the minimum requirements of full and open
competition under 2 C.F.R. Part 200.
If a non-federal entity other than a state seeks to use a state supply schedule,
cooperative purchasing program, or other similar type of arrangement, FEMA
recommends the recipient discuss the procurement plans with its FEMA Program
Analyst.
d. Procurement Documentation
Per 2 C.F.R. § 200.318(i), non-federal entities other than states and territories are
required to maintain and retain records sufficient to detail the history of procurement
covering at least the rationale for the procurement method, selection of contract type,
contractor selection or rejection, and the basis for the contract price. States and
territories are encouraged to maintain and retain this information as well and are
reminded that in order for any cost to be allowable, it must be adequately documented
per 2 C.F.R. § 200.403(g).
Examples of the types of documents that would cover this information include but are
not limited to:
• Solicitation documentation, such as requests for quotes, invitations for bids, or
requests for proposals;
• Responses to solicitations, such as quotes, bids, or proposals;
• Pre -solicitation independent cost estimates and post -solicitation cost/price
analyses on file for review by federal personnel, if applicable;
• Contract documents and amendments, including required contract provisions; and
FY 2024 PDM Grant Program NOFO
371
47
Other documents required by federal regulations applicable at the time a grant is
awarded to a recipient.
Additional information on required procurement records can be found on pages
24-26 of the PDAT Field Manual.
7. Financial Assistance Programs for Infrastructure
a. Build America, Buy America Act
Recipients and subrecipients must comply with the Build America, Buy America Act
(BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act
§§ 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring
the Future is Made in All of America by All of America's Workers. See also 2 C.F.R.
Part 184 and Office of Management and Budget (OMB) Memorandum M-24-02,
Implementation Guidance on Application of Buy America Preference in Federal
Financial Assistance Programs for Infrastructure.
None of the funds provided under this program may be used for a project for
infrastructure unless the iron and steel, manufactured products, and construction
materials used in that infrastructure are produced in the United States.
The Buy America preference only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it
does not apply to tools, equipment, and supplies, such as temporary scaffolding,
brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to equipment and
furnishings, such as movable chairs, desks, and portable computer equipment, that are
used at or within the finished infrastructure project but are not an integral part of the
structure or permanently affixed to the infrastructure project.
For FEMA's official policy on BABAA, please see FEMA Policy 207-22-0001: Buy
American Preference in FEMA Financial Assistance Programs for Infrastructure
available at httDs://www.fema.Lov/sites/default/files/documents/fema build-america-
buy-america-act-policy_pdf. To see whether a particular FEMA federal financial
assistance program is considered an infrastructure program and thus required to
include a Buy America preference, please see Programs and Definitions: Build
America, Buy America Act I FEMA. gov. and
httDs://www.fema.aov/sites/default/files/documents/fema build-america-buv-
america-act-policy_pdf
b. Waivers
When necessary, recipients (and subrecipients through their pass-through entity) may
apply for, and FEMA may grant, a waiver from these requirements.
A waiver of the domestic content procurement preference may be granted by the
agency awarding official if FEMA determines that:
• Applying the domestic content procurement preference would be inconsistent
with the public interest.
FY 2024 PDM Grant Program NOFO
372
M
The types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities or
of a satisfactory quality.
The inclusion of iron, steel, manufactured products, or construction materials
produced in the United States will increase the cost of the overall project by more
than 25%.
For FEMA awards, the process for requesting a waiver from the Buy America
preference requirements can be found on FEMA's website at: "Buy America"
Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov.
c. Definitions
For BABAA specific definitions, please refer to the FEMA Buy America website at:
"Programs and Definitions: Build America, Buy America Act I FEMA.gov."
Please refer to the applicable DHS Standard Terms & Conditions for the BABAA
specific term applicable to all FEMA financial assistance awards for infrastructure.
S. Record Retention
a. Record Retention Period
Financial records, supporting documents, statistical records, and all other non -Federal
entity records pertinent to a Federal award generally must be maintained for at least
three years from the date the final FFR is submitted. See 2 C.F.R. § 200.334. Further,
if the recipient does not submit a final FFR and the award is administratively closed,
FEMA uses the date of administrative closeout as the start of the general record
retention period.
The record retention period may be longer than three years or have a different
start date in certain cases. These include:
• Records for real property and equipment acquired with Federal funds must be
retained for three years after final disposition of the property. See 2 C.F.R. §
200.334(c).
• If any litigation, claim, or audit is started before the expiration of the three-year
period, the records must be retained until all litigation, claims, or audit findings
involving the records have been resolved and final action taken. See 2 C.F.R. §
200.334(a).
• The record retention period will be extended if the non-federal entity is
notified in writing of the extension by FEMA, the cognizant or oversight agency
for audit, or the cognizant agency for indirect costs, or pass-through entity. See 2
C.F.R. § 200.334(b).
• Where FEMA requires recipients to report program income after the period of
performance ends, the program income record retention period begins at the
end of the recipient's fiscal year in which program income is earned. See 2
C.F.R. § 200.334(e).
• For indirect cost rate computations and proposals, cost allocation plans, or any
similar accounting computations of the rate at which a particular group of costs is
FY 2024 PDM Grant Program NOFO
373
M
chargeable (such as computer usage chargeback rates or composite fringe benefit
rates), the start of the record retention period depends on whether the indirect cost
rate documents were submitted for negotiation. If the indirect cost rate
documents were submitted for negotiation, the record retention period
begins from the date those documents were submitted for negotiation. If
indirect cost rate documents were not submitted for negotiation, the record
retention period begins at the end of the recipient's fiscal year or other
accounting period covered by that indirect cost rate. See 2 C.F.R. §
200.334(f).
b. Types of Records to Retain
FEMA requires that non-federal entities maintain the following documentation for
federally funded purchases:
• Specifications
• Solicitations
• Competitive quotes or proposals
• Basis for selection decisions
• Purchase orders
• Contracts
• Invoices
• Cancelled checks
Non-federal entities should keep detailed records of all transactions involving the
grant. FEMA may at any time request copies of any relevant documentation and
records, including purchasing documentation along with copies of cancelled checks
for verification. See, e.g., 2 C.F.R. §§ 200.318(1), 200.334, 200.337.
In order for any cost to be allowable, it must be adequately documented per 2 C.F.R.
§ 200.403(g). Non-federal entities who fail to fully document all purchases may find
their expenditures questioned and subsequently disallowed.
9. Actions to Address Noncompliance
Non-federal entities receiving financial assistance funding from FEMA are required to
comply with requirements in the terms and conditions of their awards or subawards,
including the terms set forth in applicable federal statutes, regulations, NOFOs, and policies.
Throughout the award lifecycle or even after an award has been closed, FEMA or the pass-
through entity may discover potential or actual noncompliance on the part of a recipient or
subrecipient. This potential or actual noncompliance may be discovered through routine
monitoring, audits, civil rights complaint investigations and compliance reviews, closeout, or
reporting from various sources.
In the case of any potential or actual noncompliance, FEMA may place special conditions on
an award per 2 C.F.R. §§ 200.208 and 200.339, FEMA may place a hold on funds until the
matter is corrected, or additional information is provided per 2 C.F.R. § 200.339, or it may do
both. Similar remedies for noncompliance with certain federal civil rights laws are authorized
pursuant to 44 C.F.R. Parts 7 and 19 or other applicable regulations.
FY 2024 PDM Grant Program NOFO
374
50
In the event the noncompliance is not able to be corrected by imposing additional conditions
or the recipient or subrecipient refuses to correct the matter, FEMA may take other remedies
allowed under 2 C.F.R. § 200.339. These remedies include actions to disallow costs, recover
funds, wholly or partly suspend or terminate the award, initiate suspension and debarment
proceedings, withhold further federal awards, or take other remedies that may be legally
available. For further information on termination due to noncompliance, see the section on
Termination Provisions in the NOFO.
FEMA may discover and take action on noncompliance even after an award has been closed.
The closeout of an award does not affect FEMA's right to disallow costs and recover funds
as long as the action to disallow costs takes place during the record retention period. See 2
C.F.R. §§ 200.334, 200.345(a). Closeout also does not affect the obligation of the non-federal
entity to return any funds due as a result of later refunds, corrections, or other transactions. 2
C.F.R. § 200.345(a)(2).
The types of funds FEMA may attempt to recover include, but are not limited to, improper
payments, cost share reimbursements, program income, interest earned on advance payments,
or equipment disposition amounts.
FEMA may seek to recover disallowed costs through a Notice of Potential Debt Letter, a
Remedy Notification, or other letter. The document will describe the potential amount owed,
the reason why FEMA is recovering the funds, the recipient's appeal rights, how the amount
can be paid, and the consequences for not appealing or paying the amount by the deadline.
If the recipient neither appeals nor pays the amount by the deadline, the amount owed will
become final. Potential consequences if the debt is not paid in full or otherwise resolved by
the deadline include the assessment of interest, administrative fees, and penalty charges;
administratively offsetting the debt against other payable federal funds; and transferring the
debt to the U.S. Department of the Treasury for collection.
FEMA notes the following common areas of noncompliance for FEMA's grant programs:
• Insufficient documentation and lack of record retention.
• Failure to follow the procurement under grants requirements.
• Failure to submit closeout documents in a timely manner.
• Failure to follow EHP requirements.
• Failure to comply with the POP deadline.
10. Audits
FEMA grant recipients are subject to audit oversight from multiple entities including the
DHS OIG, the GAO, the pass-through entity, or independent auditing firms for single audits,
and may cover activities and costs incurred under the award. Auditing agencies such as the
DHS OIG, the GAO, and the pass-through entity (if applicable), and FEMA in its oversight
capacity, must have access to records pertaining to the FEMA award. Recipients and
subrecipients must retain award documents for at least three years from the date the final
FFR is submitted, and even longer in many cases subject to the requirements of 2 C.F.R. §
200.334. In the case of administrative closeout, documents must be retained for at least three
years from the date of closeout, or longer subject to the requirements of 2 C.F.R. § 200.334.
FY 2024 PDM Grant Program NOFO
375
51
If documents are retained longer than the required retention period, the DHS OIG, the GAO,
and the pass-through entity, as well as FEMA in its oversight capacity, have the right to
access these records as well. See 2 C.F.R. §§ 200.334, 200.337.
Additionally, non-federal entities must comply with the single audit requirements at 2 C.F.R.
Part 200, Subpart F. Specifically, non-federal entities, other than for-profit subrecipients, that
expend $750,000 or more in federal awards during their fiscal year must have a single or
program -specific audit conducted for that year in accordance with Subpart F. 2 C.F.R. §
200.501. A single audit covers all federal funds expended during a fiscal year, not just FEMA
funds. The cost of audit services may be allowable per 2 C.F.R. § 200.425, but non-federal
entities must select auditors in accordance with 2 C.F.R. § 200.509, including following the
proper procurement procedures. For additional information on single audit reporting
requirements, see section F of this NOFO under the header "Single Audit Report" within the
subsection "Additional Reporting Requirements."
The objectives of single audits are to:
• Determine if financial statements conform to generally accepted accounting
principles (GAAP);
• Determine whether the schedule of expenditures of federal awards is presented fairly;
Understand, assess, and test the adequacy of internal controls for compliance with
major programs; and
Determine if the entity complied with applicable laws, regulations, and contracts or
grants.
For single audits, the auditee is required to prepare financial statements reflecting its
financial position, a schedule of federal award expenditures, and a summary of the status of
prior audit findings and questioned costs. The auditee also is required to follow up and take
appropriate corrective actions on new and previously issued but not yet addressed audit
findings. The auditee must prepare a corrective action plan to address the new audit findings.
2 C.F.R. § § 200.508, 200.510, 200.511.
Non-federal entities must have an audit conducted, either single or program -specific, of their
financial statements and federal expenditures annually or biennially pursuant to 2 C.F.R. §
200.504. Non-federal entities must also follow the information submission requirements of 2
C.F.R. § 200.512, including submitting the audit information to the Federal Audit
Clearinghouse within the earlier of 30 calendar days after receipt of the auditor's report(s) or
nine months after the end of the audit period. The audit information to be submitted include
the data collection form described at 2 C.F.R. § 200.512(c) and Appendix X to 2 C.F.R. Part
200 as well as the reporting package described at 2 C.F.R. § 200.512(b).
The non-federal entity must retain one copy of the data collection form and one copy of the
reporting package for three years from the date of submission to the Federal Audit
Clearinghouse. 2 C.F.R. § 200.512; see also 2 C.F.R. § 200.517 (setting requirements for
retention of documents by the auditor and access to audit records in the auditor's possession).
FEMA, the DHS OIG, the GAO, and the pass-through entity (if applicable), as part of
monitoring or as part of an audit, may review a non-federal entity's compliance with the
FY 2024 PDM Grant Program NOFO
376
52
single audit requirements. In cases of continued inability or unwillingness to have an audit
conducted in compliance with 2 C.F.R. Part 200, Subpart F, FEMA and the pass-through
entity, if applicable, are required to take appropriate remedial action under 2 C.F.R. §
200.339 for noncompliance, pursuant to 2 C.F.R. § 200.505.
11. Payment Information
FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to
recipients.
FEMA utilizes the Payment and Reporting System (PARS) for financial reporting, invoicing
and tracking payments. For additional information, refer to
https:Hlsource. fema. gov/sf269/execute/Lo gln? sawContentMessage=true.
12. Whole Community Preparedness
Preparedness is a shared responsibility that calls for the involvement of everyone—not just
the government—in preparedness efforts. By working together, everyone can help keep the
nation safe from harm and help keep it resilient when struck by hazards, such as natural
disasters, acts of terrorism, and pandemics.
Whole Community includes:
• Individuals and families, including those with access and functional needs
• Businesses
• Faith -based and community organizations
• Nonprofit groups
• Schools and academia
• Media outlets
• All levels of government, including state, local, tribal, territorial, and federal partners
The phrase "Whole Community" often appears in preparedness materials, as it is one of the
guiding principles. It means two things:
1. Involving people in the development of national preparedness documents.
2. Ensuring their roles and responsibilities are reflected in the content of the materials.
13. Report issues of fraud, waste, abuse
Please note, when applying to this notice of funding opportunity and when administering the
grant, applicants may report issues of fraud, waste, abuse, and mismanagement, or other
criminal or noncriminal misconduct to the Office of Inspector General (OIG) Hotline. The
toll-free numbers to call are 1 (800) 323-8603, and TTY 1 (844) 889-4357.
14. Extraordinary Circumstances
Applicants and subapplicants must have an approved hazard mitigation plan at the time of
application submission and at the time of the award; hazard mitigation plans pending
adoption are not sufficient. For subawards, FEMA may grant an exception to this
requirement through Extraordinary Circumstances (EC) when justification is provided and
with concurrence from FEMA Headquarters (Hazard Mitigation Assistance and National
Mitigation Planning Program) prior to granting an exception. If this exception is granted, a
local or Tribal Mitigation Plan must be approved by FEMA within 12 months of the award of
FY 2024 PDM Grant Program NOFO
377
53
the project subaward to that community. EC must be requested by the applicant or
subapplicant prior to award. Funding holds may not be used in lieu of EC to grant an
exception for the Planning requirement. EC exists when a determination is made by the
applicant, FEMA Region, and FEMA HQ that the proposed project is consistent with the
priorities and strategies identified in the State or Tribal (Standard or Enhanced) Mitigation
Plan and that the jurisdiction meets at least one of the criteria below.
• The jurisdiction meets the small impoverished community criteria per section C.4 of
this NOFO;
• The jurisdiction has been determined to have had insufficient capacity due to lack of
available funding, staffing, or other necessary expertise to satisfy the mitigation
planning requirement prior to the current disaster or application deadline;
• The jurisdiction has been determined to have been at low risk from hazards because
of low frequency of occurrence or minimal damage from previous occurrences as a
result of sparse development;
• The jurisdiction experienced significant disruption from a declared disaster or
another event that impacts its ability to complete the mitigation planning process
prior to award or final approval of a project award; or
• The jurisdiction does not have a mitigation plan for reasons beyond the control of the
state, federally recognized tribe, or local community, such as Disaster Relief Fund
restrictions that delay FEMA from granting a subaward prior to the expiration of the
local or Tribal Mitigation Plan.
For PDM, the applicant must provide written justification that identifies the specific criteria
from above or circumstance, explains why there is no longer an impediment to satisfying the
mitigation planning requirement, and identifies the specific actions or circumstances that
eliminated the deficiency. When a PDM project funding is awarded under EC, the recipient
shall acknowledge in writing to the Regional Administrator that a plan will be completed
within 12 months of the subaward. The recipient must provide a work plan for completing
the local or Tribal Mitigation Plan, including milestones and a timetable, to ensure that the
jurisdiction will complete the plan in the required time. This requirement shall be
incorporated into the award (both the planning and project subaward agreements, if a
planning subaward is also awarded). Written concurrence must be obtained from the
Regional Administrator with HQ concurrence.
15. Inflation Reduction Act
Hazard mitigation projects should focus on building resilient communities and when possible
reduce climate effects by incentivizing investments in greenhouse -gas reduction strategies,
such as the use of low -carbon materials, and low -carbon and net -zero energy projects through
implementation of the Inflation Reduction Act of 2022 (IRA) as explained in FEMA's
Implementation memorandums.
VA
Through September 30, 2026, the Administrator of the Federal Emergency
Management Agency may provide financial assistance under sections 203(h), 404(a),
FY 2024 PDM Grant Program NOFO
378
54
and 406(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5133(h), 42 U.S.C. 5170c(a), 42 U.S.C. 5172(b)) for:
(1) costs associated with low -carbon materials; and
(2) incentives that encourage low -carbon and net -zero energy projects.
Under Section 70006, an applicant is free to propose the use of low -carbon materials as long
as the project meets existing program eligibility and compliance criteria.
FEMA encourages the use of environmentally friendly construction practices when
completing PDM hazard mitigation projects. In particular, FEMA encourages that PDM
projects follow the FEMA building materials program and consider the use of low carbon
materials and the development of low -carbon and net -zero energy projects, as defined in the
FEMA's IRA Implementation memorandum.
• When subapplications include eligible low -carbon materials, FEMA encourages that
these materials follow the definition of low -carbon materials presented in the
Inflation Reduction Act Implementation Memorandum for FEMA Public Assistance
and Hazard Mitigation Assistance Programs.
• Subrecipients should ensure that federally funded infrastructure investments reduce
life cycle emissions of construction materials, specifically concrete, asphalt, glass,
steel, and assemblies comprised of at least 80% of these materials.
• Subrecipients should request disclosure of Environmental Product Declarations
(EPD) and provide these so FEMA may evaluate eligibility. A product -specific Type
III (third -parry verified) EPD must be shown and reported in a third -party dataset,
such as the Embodied Carbon in Construction Calculator (EC3) and could be used to
evaluate the eligibility of these lower -carbon materials. See the FEMA Inflation
Reduction Act Implementation memorandum for additional information.
16. Hazard -Resistant Building Codes
Hazard -resistant building codes are a foundational element of a more resilient nation,
safeguarding communities and lives against natural disasters, with an estimated S 11:1 return
on investment. The adoption, enforcement and application of modern building codes
mitigates community vulnerabilities, reduces disaster recovery costs, and strengthens
nationwide capability. FEMA is working to promote and support building codes in all areas
of its work in support of the multi -agency National Initiative to Advance Building Codes. In
the interest of building a stronger, more resilient nation, FEMA encourages all grant
recipients and subrecipients to meet current published editions of relevant consensus -based
building codes, specifications and standards, and to exceed them where feasible.
FY 2024 PDM Grant Program NOFO
379
55
Appendix A
Recipient
Project
(State,
Tribe, or
Subrecipient
Project Name
Federal
Territory)
Amount
Kenai Peninsula Borough
Seward Bear Creek Service Area
$655,000.00
Flood Mitigation Projects
AK
Matanuska-Susitna
Flood Mitigation for Acquisition of
$2,500,000.00
Borough
High Hazard Areas
City of Demopolis
Demopolis Storm Shelter
$2,700,000.00
AL
City of Daphne
City of Daphne Main Street Utility
$5,000,000.00
Relocation Project
City of North Little Rock
North Little Rock East Bethany
$3,300,000.00
Road Drainage Improvements
North Little Rock Magnolia and
AR
City of North Little Rock
Olive Street Drainage
$4,700,000.00
Improvements
City of Heber Springs
Heber Springs Stormwater
$4,700,000.00
Improvements
AZ
City of Maricopa
City of Maricopa Desert Sunrise
$1,383,069.00
High School Box Culvert Project
City of Glendale Fire
Wildfire Fuel Reduction and
$75,000.00
Department
Hazardous Brush Abatement
City of Ca itola
Ca itola Cliff Drive Infrastructure
$450,000.00
West Valley Water
Emergency Generator Project
$525,000.00
District
County of San Luis
Arroyo Grande Creek Levees
$1,200,000.00
Obispo
County of San Diego
Critical Infrastructure Wildfire
$1,275,000.00
Vulnerability Assessment
City of Agoura Hills
City of Agoura Hills Civic Center
$1,383,068.00
Micro rid Project
CA
City of Thousand Oaks
City of Thousand Oaks Water
$1,383,068.00
Pumps Micro rid Project
City of Hidden Hills
City of Hidden Hills Utility
$1,383,069.00
Undergrounding Project
Town of Atherton
Upper Atherton Channel Flood
$1,383,069.00
Mitigation Project
Foster City Lagoon Pump Station
City of Foster City
Seismic Rehabilitation and
$1,383,069.00
Ca ac ty Enhancement
[Countyf San Joaquin
Countywide Back-up Generators
$1,383,069.00
and Pumps
FY 2024 PDM Grant Program NOFO
380
56
Recipient
Project
(State,
Tribe, or
Subrecipient
Project Name
Federal
Territory)
Amount
Napa's Lake Hennessey & Deer
County of Napa
Park Fuel Reduction and
$1,383,069.00
Community Infrastructure
Protection
East Bay Regional Park
Wildfire Mitigation, and Safe,
$1,383,069.00
District
Resilient Forests and Communities
Ouray County
Corbett Creek Bridge Installation
$1,034,000.00
CO
City of Golden
Bachman Farms Park/Flood
$1,383,069.00
Attenuation Facility
CT
City of Hartford
City of Hartford for North Main
$4,500,000.00
Street Corridor Drainage System
District Homeland
2nd Street Bioretention Flood
DC
Security and Emergency
Mitigation Project
$1,383,069.00
Management Agency
Town of Briny Breezes
Briny Breezes Stormwater Pump
$1,383,069.00
Stations
City of St. Petersburg
St. Petersburg Storm Drainage
$1,383,069.00
FL
Im rovement
Boynton Beach
Boynton Harbor Marina Seawall
Community
Replacement
$1,383,069.00
Redevelopment Agency
HI
Hawai'i Emergency
Backup Generator for Pali Momi
$1,383,069.00
Management Agency
Medical Center
IA
City of Dubuque
Dubuque Flood Mitigation Gates
$8,000,000.00
and Pumps
ID
Idaho Office of
Mackay Dam Rehabilitation
$7,082,856.00
Emerge cManagement
City of Crystal Lake
Re -Establishment of Crystal Creek
$1,383,069.00
Metropolitan Water
Metropolitan Water Reclamation
IL
Reclamation District
District Farmers- Prairie Creek
$1,383,069.00
Project
Town of Normal
Storm Water Improvements
$1,550,000.00
City of Indianapolis Mars Hill
IN
City of Indianapolis
Flood Control Improvement
$1,383,069.00
District
KY
City of Ravenna
Ravenna Stormwater Improvements
$2,160,391.00
East Baton Rouge Parish
LA
Mayor's Office of
South Flannery Road Bridge &
$3,520,950.00
Homeland Security and
Channel Improvements
Ecy Preparedness
MA
City of Everett
Island End River Flood Resilience
$123,413.00
Project
FY 2024 PDM Grant Program NOFO
381
57
Recipient
Project
(State,
Tribe, or
Subrecipient
Project Name
Federal
Territory)
Amount
City of Quincy
Sea Wall along Manet Ave in
$450,000.00
Houghs Neck
City of Cambridge
Cambridge Community Center
$1,000,000.00
Resilience Hub
City of Chelsea
Mill Creek Resilience Project
$1,000,000.00
City of Melrose
Lebanon and Sylvan Street
$1,000,000.00
Stormwater Management System
Climate Resilience & Equity in
City of Boston
Downtown Boston for a Resilient
$1,150,000.00
Christopher Columbus Park &
Long Wharf
Chelmsford Water
Watershed Lane Culvert
$1,275,000.00
District
Replacement Project
Climate Resilient Neighborhood in
Weymouth
the Coastal Fort Point Road
$1,383,069.00
Community
Massachusetts
Emergency Management
Scituate Harbor Seawall
$5,500,000.00
A enc
City of Annapolis
Jonas and Anne Catharine Green
$450,000.00
Park Coastal Restoration Project
Maryland Department of
City of Rockville Potomac Woods
$900,000.00
Emergency Management
Storm Drain Improvements
Frederick County
Frederick County Micro rid Project
$1,275,000.00
MD
Maryland Department of
Flooding Control in Anacostia
Emergency Management
River Watershed for Environmental
$1,383,069.00
Justice
City of Annapolis
Annapolis City Dock Resilience
$1,383,069.00
Project
Town of Cheverly
Town of Cheverly Flood Mitigation
$1,688,000.00
Project
Town of Greenville
Greenville Stormwater
$975,000.00
Management Improvements
ME
Town of Dover-Foxcroft
Town of Dover-Foxcroft—Lincoln
$1,455,000.00
St Bridge Project
Charter Township of
Chocolay River Flood Mitigation
$112,000.00
Chocolay
Feasibility Stud
MI
Charter Township of
East China Belle River Pump
$294,000.00
East China
Station Flood Mitigation
Huron -Clinton
Lake St Clair Metropark Electrical
$1,420,000.00
Metro olitan Authority
Grid
FY 2024 PDM Grant Program NOFO
382
Recipient
Project
(State,
Tribe, or
Subrecipient
Project Name
Federal
Territory)
Amount
City of St. Clair Shores
Sewer Separation of the St. Clair
$1,755,303.00
Shores Martin Drain District
MN
City of New Ulm
New Ulm 18th South Street Storm
$1,125,000.00
Sewer Lift Station
The City of Yazoo
Yazoo City Community Safehouse
$1,027,000.00
University of Mississippi
UMMC Electrical Infrastructure
$2,215,000.00
Medical Center
Modernization
MS
City of Ridgeland
Purple Creek Flood Mitigation and
$4,000,000.00
Restoration
Mississippi Emergency
Mississippi College/Hinds County
Management Agency
Saferoom
$5,063,000.00
MEMA
McDonald Brook Channel and
City of Passaic
Benson Avenue Realignment Flood
$380,000.00
Control Project
NJ
Borough of Bay Head
Bay Head Flood Mitigation Project
$815,250.00
Neptune Township
Shark River Living Shoreline—
$1,145,000.00
Phase II
Stafford Township
Stafford Bulkhead
$1,340,000.00
New Mexico Department
Bosque Redondo Memorial at Fort
of Cultural Affairs
Sunmer Historic Site Fire
$150,000.00
Mitigation
New Mexico Department
Fort Stanton Historic Site Fire
$250,000.00
NM
of Cultural Affairs
Mitigation
City of Aztec
City of Aztec—Flood Mitigation
$300,000.00
Los Alamos County
Jemez Mountain Fire Mitigation
$450,000.00
Town of Estancia
Town of Estancia Flood Mitigation
$1,040,000.00
Project
Clark County
Rural Fire Station Emergency
$588,572.00
Generators
NV
City of Reno
City of Reno—Swan Lake
$2,869,000.00
Irrigation Pipeline
New York State
New York State Thruway Authority
$375,000.00
Thruway Authority
Clarkstown Flood Mitigation
NYC Department of
Borden Avenue Veterans Shelter
$1,383,069.00
Homeless Services
Flood Resilience Project
NY
City of New York
Financial District-Seaport Flood
$1,999,348.00
Mitigation Project
Town of Clarkstown
Jeffrey Court Flood Prevention
$2,100,000.00
Incorporated Village of
west End Recharge Basin
$4,050,000.00
Floral Park
FY 2024 PDM Grant Program NOFO
383
59
Recipient
Project
(State,
Tribe, or
Subrecipient
Project Name
Federal
Territory)
Amount
Hefner Water Treatment Plant
OK
City of Oklahoma City
Emergency Power Generation
$10,000,000.00
Project
City of Warrenton
Iredale Tidegate and Culvert
$1,087,000.00
Project—City of Warrenton
OR
David Douglas School
Mill Park Elementary School
District 40
Seismic Rehabilitation Project,
$1,383,069.00
Portland, OR
Borough of Bridgeville
Bridgeville Commercial Street
$750,000.00
Culvert Replacement
Redevelopment
Paxton Creek Dechannelization
Authority of the City of
project
$750,000.00
Harrisburg
PA
Lackawanna County
Lackawanna County Dam No. 5
$1,383,069.00
and Spillway Rehabilitation Project
City of Philadelphia
Increasing Flood Resilience in
$1,383,069.00
Eastwick, Philadelphia
City of Williamsport
Williamsport Levee Flood Control
$3,500,000.00
Project
Town of North
Town Hall Generator
$33,000.00
Providence
RI
City of Pawtucket
The Arc of the Blackstone Valley
$112,000.00
Generator
Town of North
Town of North Providence for
$639,000.00
Providence
Flood Mitigation
Tribe
Menominee Indian Tribe
Powerline Conversion
$845,000.00
of Wisconsin
City of Glenn Heights Emergency
City of Glenn Heights
Warning System Replacement
$510,000.00
Project
City of Dallas
Dallas Resilience Hub-Kiest
$1,383,069.00
Recreation Center
City of Harlingen
5th and 7th Streets Storm Sewer
$1,383,069.00
Drainage Improvements
TX
City of San Antonio
Concepcion Creek—Phase 1
$1,383,069.00
Harris County Flood
P118-08-00 Conveyance and
$1,383,069.00
Control District
Detention Improvements
Replacing Aging Emergency
El Paso County
Generator and Adding Solar
$1,383,069.00
Ca acit
City of Houston
Kingwood Diversion Channel—
$4,000,000.00
Walnut Lane Bridge Project
FY 2024 PDM Grant Program NOFO
384
60
Recipient
Project
(State,
Tribe, or
Subrecipient
Project Name
Federal
Territory)
Amount
City of Payson
Payson City Pre -Disaster
$1,500,000.00
UT
Mitigation Project
Millcreek City
Neffs Canyon Debris Basin Project
$2,400,000.00
County of Franklin
Franklin County Emergency
$705,000.00
Shelter Generator
City of Hampton Office
Resilient Hampton Property
VA
of Emergency
Acquisition in Flood Prone Areas
$1,383,069.00
Management
Joint Base Langley -Eustis
City of Hampton, VA
(JBLE)--Langley Access
$2,000,000.00
Protection Project
VT
Town of Calais
Renovate Curtis Pond Dam
$525,000.00
Port of Longview
Portable Backup Generators
$272,000.00
The Seattle Public
Seattle Public Library University
$1,383,069.00
WA
Library
Branch Seismic Structural Up rade
Yakima County Public
Yakima County Gap to Gap
$4,000,000.00
Services
Protection Project
City of Hinton
Bellepoint Park Stormwater Drain
$480,000.00
Replacement
WV
Town of Hendricks
Hendricks Stormwater
$1,296,000.00
Improvement Project
Saint Albans
Rams Horn Stormwater System
$2,873,000.00
Improvements
FY 2024 PDM Grant Program NOFO
385
Tack, Timothy
From: Flikier, Becca <Becca.Flikier@mail.house.gov>
Sent: Wednesday, June 5, 2024 4:45 PM
To: Tack, Timothy
Cc: Goldstein, Felicia; Fleming, Trevor
Subject: Update on your FY25 CPF
This Message Is From an External Sender
This message came from outside your organization.
Hi Tim,
I hope you are doing well. Following up on my voicemail with some good news regarding your FY25 CPF
application.
The FY25 Homeland Security Appropriations Bill that the House Appropriations Committee will be voting on
next week includes $1,150,191 for the marina seawall. I know that's not quite as much as we had asked for, but
given the budget constraints this year, we are pretty happy that it has been included. As you know, it will take
many months for Congress to pass a budget, and we may not pass one at all for FY25. FY24 was not finalized
until March of this year. However, in years past, getting included in the preliminary bill was the biggest hurdle,
as after that point, we have not seen projects be eliminated or reduced. So in all, while nothing is guaranteed, in
all likelihood this project will receive the funding if Congress passes a budget.
Happy to answer any questions!
Becca
Becca Flikier
#'
2305 Rayburn House Office Building
# #
C � OMAN
L FRANKEL
u0V.. .(AC 'S 22rIY) DISTMO
386
REQUEST FOR QUALIFICATIO
FOR
ENGINEERING DESIGN C
Boynton Harbor Marina Seavi'
RFQ No. 25
S (RFQ)
TANT
acement Project
:OCEAN AVENUE
th
4 Floor
N BEACH, FL 33435
RFQ OPENING DATE: December 23, 2024
RFQ CLOSING TIME: NO LATER THAN 2:30 P.M.
THE DEADLINE FOR QUESTIONS CONCERNING THIS RFQ
December 7, 2024 (a- 2:30 P.M.
REQUEST FOR QUALIFICATIONS
ENGINEERING DESIGN CONSULTANT
TABLE OF CONTENTS
TABLEOF CONTENTS.....................................................................................................................................2
NOTICETO PROPOSERS................................................................................................................................ 3
SECTION1 - DEFINITIONS..............................................................................................................................5
SECTION 2 —BACKGROUND, PROJECT INFORMATION, AND SCOPE OF SERVICES........................................6
SECTION 3 — INSTRUCTION TO PROPOSERS..................................................................................................8
SECTION 4 —STANDARD TERMS AND CONDITIONS....................................................................................10
SECTION 4.0 A - REQUIRED FEDERAL CONTRACTING PROVISIONS............................................................27
Part A: Required Contract Provisions for All FEMA Recipient Contr 15 ................................................27
Part B: Additional Required Contract Provisions for FEMA Reck,", ntracts OVER $10K ................32
Part C: Additional Required Contract Provisions for FEM , �ipient Contacts OVER $25K .................32
Part D: Additional Required Contract Provisions for FE///E/
E ' A Rea nt Contracts OVER $100K ...............33
Part E: Additional Required Contract Provisions for FE Iplent Contracts OVER $150K ...............34
Part F: Additional Required Contract Provisior,,,EMA Re', nt Contracts OVER $250K ...............35
Part G: Additional Required Contract Provision5'for F6 /f/ IA, ipient Construction Contracts
of amount
(regardless )........... �� , ��.................................................................. 36
�jr
SECTION 5 — PROPOSAL SUBMISS10 'REQUIMENT........................................................................41
SECTION 6 — EVALUATION OF PRO Al, �� " .............................46
SECTION 7 —SPECIAL CO��'Ttf..............48
„ .................
APPENDIX„A" .............. ,, ....................................................................................................49
PROPOSER'S QUALIFICA(jN STA"IENT.............................................................................................50
ANTI -KICKBACK AFFIDAVIT. ...111'.............................................................................................................. 55
NON -COLLUSION AFFIDAVIT OF RESPONDENT......................................................................................56
CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135................................................................58
E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES............................................................60
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
................................................................................................................................................................ 62
ANTI-HUMAN TRAFFICKING AFFIDAVIT..................................................................................................63
APPENDIX "B": SAMPLE CONTRACT AGREEMENT.....................................................................................65
ATTACH M E NTS............................................................................................................................................ 86
ATTACHMENT "A": INSURANCE ADVISORY FORM.................................................................................87
1
RFQ No. 25-001 Engineering Design Consultant 2
388
YNT
BEAC
REQUEST FOR QUALIFICATIONS
FOR
ENGINEERING DESIGN CONSULTANT
RFQ No. 25-001
NOTICE TO PROPOSERS
Proposals must be received by the Boynton Beach Community
East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 on or
2:30 p.m. Eastern Standard Time (the "Deadline"), as determined
reception area set up on the 1st Floor Lobby. Proposals re"a
iiiirr
will NOT BE ACCEPTED FOR CONSIDERATION. Proppr r,,
resubmit at any time prior to the Deadline. All RFQ /V6bposE
acknowledged of receipt by the BBCRA.
SCOPE OF SERVICES:
The BBCRA is seeking proposals from experiences,,
services for design, permitting, bidding/, d, constr
�„ INEW/1
Seawall Replacement Project. The s e of le proto
iii
in the (historic) Boynton Harbor Mar'(na. Loc�rt d at 7
the thriving marina serves as thel, sterp'l/ f
iii/,r, .
BBCRA's successful redevelopmen Ali revitalizatd
FEMA Pre -Disaster Mitigate (t'll) Gwrrt Program.
ELIGIBILITY:
Zed ,elopment Agency (BBCRA) at 100
f ecember 23 2024, no later than
lythe ramp or clock at the BBCRA's
J after te and time set forth above
may withdri�submitted Proposals and
'eceived wllI be publicly opened and
d1AWftd firms to provide engineering consulting
ron adminstration for the Boynton Harbor Marina
ncludes the replacement of the commercial seawall
,,Casa Loma Boulevard, Boynton Beach FL 33435,
)owntown Boynton Beach and a testament of the
efforts. This Project is funded in part through the
A. Proposers will be eligible/l "despond to this Request for Qualifications if the proposing Firm
demonstrates that they or th "principals assigned to this project have successfully completed services
similar to those specified in the Scope of Services of this RFQ.
B. Proposers must include as apart of the RFQ submittal, sufficient documentation, client references, and
qualifications to support their ability and experience to perform the services contained in the RFQ.
C. Proposers shall be a registered firm licensed with the State of Florida. All professional services shall
be performed under the directions of a professional engineer registered with the State of Florida and
qualified in the specific field.
D. "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted
by law to practice architecture, engineering, or surveying and mapping in the State of Florida. Also
certified under Florida Statutes § 471.023 to practice or to offer to practice engineering; certified under
Florida Statutes § 481.219 to practice or to offer to practice architecture, or certified under Florida
Statutes § 481.319 to practice or to offer to practice landscape architecture.
RFQ No. 25-001 Engineering Design Consultant
389
LOBBYING / CONE OF SILENCE:
Proposer or persons acting on proposer's behalf may not contact, between the release of the solicitation and
the end of the seventy-two (72) hour period following the BBCRA posting the notice of intended award
(excluding Saturdays, Sundays, and state holidays), any employee, officer, or Board Member of the BBCRA
concerning any aspect of this RFQ, except in writing to the procurement officer or as provided in the RFQ
documents. Violation of this provision may be grounds for rejecting a Proposal.
Further, during the same time period, proposer or persons acting on proposer's behalf may not contact any
BBCRA Advisory Board Member, or any other person working on behalf of the BBCRA on any matter related
to this RFQ.
Communication prohibited by this RFQ, or by any other state, federal, or local law or regulation, may cause an
individual or firm to be disqualified immediately from participating in the Proposal or selection process. Any
violation of this condition may result in rejection and/or disqualification of the proposer's Proposal.
For purposes of this section, persons acting on proposer's behalf shall
proposer's employees, partners, attorneys, officers, directors, consu
subcontractor or consultant of the proposer. This "Cone of Silence/
publication of the RFQ and shall terminate at
1) the time the BBCRA Board selects a proposer, rejects all Pro os
the solicitation process; or
2) at the end of the seventy-two (72) hour period followlns /Ift BBC
it
excluding Saturdays, Sundays, and state holidays, which&,is I��;,
PUBLIC RECORDS DISCLOSURE:
The BBCRA is public agency subject to C
comply with Florida's Public Records Law. S
a. Keep and maintain public
in order to perform the se
b. Provide the public ffi) � cl
BBCRA would p�r e the
Fla. Stat., or aherwise p
, or
lude, but not be limited to, the
byists, or any actual or potential
ing" is in effect from the date of
posting
rwise takes action which ends
notice of intended award,
119 dda Statutes. The successful proposer shall
J��o
0,11 „ke successful proposer shall:
and necessarily would be required by the BBCRA
i public records on the same terms and conditions that the
at a cost that does not exceed that provided in chapter 119,
law;
c. Ensure that public r ,rds j A, are exempt or that are confidential and exempt from public record
requirements are not �di wed except as authorized by law; and,
d. Meet all requirements for retaining public records and transfer to the BBCRA, at no cost, all public
records in possession of the proposer upon termination of the contract and destroy any duplicate
public records that are exempt or confidential and exempt. All records stored electronically must
be provided to the BBCRA in a format that is compatible with the information technology systems
of the BBCRA.
IF PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO PROPOSER'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS RFQ, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (561)600-9093; 100 E. Ocean
Avenue, Boynton Beach, Florida 33435, TackT(c_bbfl.us.
RFQ No. 25-001 Engineering Design Consultant
'2Q
YNT
BEAC
Miii i[l iii: iii���Aiii���ai��. iu iii���a iii AG:,:RACY
SECTION 1- DEFINITIONS
Whenever the following terms appear in the Proposal, the intent and meaning shall be interpreted as follows:
1.1 BBCRA or Owner: Boynton Beach Community Redevelopment Agency
1.2 Request For Qualifications (RFQ): Request for proposals from qualified Proposers.
1.3 Proposer: Person or firm submitting a Proposal.
1.4 Proposal: Proposers response to this RFQ.
1.5 Responsive Proposer: A Proposer whose Proposal con rm9rAi;,,all material respects.
j/g
1.6 Responsible Proposer: A Proposer who meet�g� h`e minimum 'q jification requirements and
has the capability to perform the Agreement req iri ments�r-
1.7 First Ranked Proposer: The Proposer whose ;, I is deemed the most advantageous to
the BBCRA after applying the evaluatiory�cr t na con tMin d in this RFQ.
1.8 Contract/Agreement/Purchase Order the wri*k rpement entered into between the BBCRA
and the awarded Proposer.
/ ilii/rr
1.9 Evaluation/Selection Co%fttee BCRA ff and /or outside consultants assigned to evaluate
the submitted proposals.
1.10 Proposer/Bidder/V�r� AnJflydlvidual, firm, or corporation submitting a response for this
project, acting did y or tfgh'�aly authorized representative.
A&F
1.11 "Provider", �der ,Co��ractor , "Consultant", Successful Proposer", "Vendor",
"Proposer", or "Fim" Th 'roposer(s) awarded as a result of this Request for Qualification
,
(RFQ). Said terms mi;;e qed interchangeably while retaining the same meaning.
1.12 Qualifications, Proposals, Responses, or Submissions: Shall refer to any Offer(s) submitted in
response to this Request for Qualification (RFQ).
1.13 "Subcontractor", "Subconsultant": Any person, firm, entity, or organization, other than the
employees of the successful Proposer, who contracts with the Successful Proposer to furnish labor,
or labor and materials, in connection with the work or services to the BBCRA, whether directly or
indirectly, on behalf of the Successful Proposer.
1.14 Task Order, Work Order, Project, Services, or Program: All matters that will be required to be
done by the successful Proposer in accordance with the Scope of Work, and the Terms and
Conditions of this RFQ.
RFQ No. 25-001 Engineering Design Consultant
'2Q
BOYN N/ IIIVIVIII
BE C
CO ti° ! IINII°i AGENCY
SECTION 2 —BACKGROUND, PROJECT INFORMATION, AND SCOPE OF
SERVICES
2.1 BACKGROUND:
The BBCRA serves the community by guiding redevelopment activities such as affordable housing, free
business promotional events, and small business funding programs that 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. ��
The project scope includes the design and replacement of a comn.seawall in the (historic) Boynton
i i
Harbor Marina. Located between Boynton Beach Boulevard and0as{Mean Avenue, the marina serves
as the eastern anchor for Boynton Beach's Downtown Distp. and a t�tAng testament of the Boynton
T;115/
Beach CRA's mission of redevelopment and revitalization Jhe marina was it rchased by the BBCRA in
2006 to ensure public access to Boynton Beach waterwqidth /gpreservatlon of the commercial marine
,, liar,
industry. It is one of the few remaining publicly owned cAme� i tsarinas in Florida.
2.2 GOAL: .....r
The purpose of this Request for Qualification (RFC;is tofae She services of a qualified Consultant. The
awarded Consultant will be responsible for the com��tijei of aCl"aspects of the Scope of Services including
but not limited to Design, Surveys/�ecr hnlcd—ervlces, Permitting, Project Scheduling, Bidding
Assistance, and Construction Adml fttatlon
The FEMA Pre -Disaster Mitigation�( J "Grarit'P' 66ram allows communities to mitigate damage from
7
future natural hazards, whlla,�„, du reliance on federal funding from future disasters. Replacement
of the commercial sea in the 0,Yn0n arbor Marina will provide long-term mitigation of damages
caused by catastrophi'or m events*d erosion from waves, tides, currents, and storm surges.
2.3 TERM OF THE P�dECT
2.3.1 DATES OF COM ENCEMENT
The BBCRA intends to award a contract for a thirty (30) month term based upon the
stipulations of the Grant Award. The executed contract will include an option to
automatically extend no more than (180) calendar days to complete the project by filing a
written notice signed by the vendor to the BBCRA without further BBCRA Board action. At
no time shall this extended transitional period extend more than (180) calendar days
beyond the expiration date of the existing Contract. This extension is contingent upon
satisfactory performance and determination that it's in the best interest of the BBCRA.
2.4 SCOPE OF SERVICES TO BE PERFORMED:
A Purchase Order shall be issued by the BBCRA with a detailed statement of work, a project
schedule, and a not -to -exceed amount provided to the BBCRA's Project Manager. Payment in all
cases will be subject to completion of designated milestones, documentation of hours expended to
the successful completion of tasks, and BBCRA acceptance of deliverables and/or project
milestones.
No work is authorized until such time as the Contract and Purchase Order is fully executed by the
RFQ No. 25-001 Engineering Design Consultant
'2Q
2.5
2.6
all Parties. Any work provided under a revision or amendment to the Purchase Order is not
authorized until the amendment is fully executed by the Parties.
During the course of the contract term, the BBCRA's Project Manager will prepare performance
evaluations which will be documented and shared with the Consultant/Vendor. The BBCRA will
maintain a history of project performance of the awarded Consultant/Vendor(s) which will become
an important factor in the consideration of future awards.
EXISTING CONDITIONS:
The Consultant/Vendor(s) shall be responsible for verification of existing conditions, including
research of all existing BBCRA records and other information.
PROJECT MANAGEMENT REQUIREMENTS:
Consultant/Vendor(s) shall have the responsibility of maintains regular communication with the
BBCRA Project Manager to keep him/her fully appraise d of project developments, for
correspondence, assigned tasks, and other matters that tratjre. These may include but are not
limited to Contracts, Contract Exhibits, Contract Amendfhe 6 Drawing Issuances, Addenda,
Bulletins, Permits, Insurance & Bonds, Safety Pro rn ProceTv
dures, Safety Notices, Accident
Reports, Personnel Injury Reports, Schedules Sit 9istics, Progre�,,Reports, Daily Logs, Non -
Conformance Notices, Quality Control Notice��,
�,,,Punch fists, Mee trig Minutes, Requests for
Information, Submittal Packages, Substitution F6uestonthly Payment Request Applications,
Supplemental Instructions, Change Order Request�ange Orders, and the like. All supporting
data including but not limited to shop dra/nogs produdt, to sheets, manufacturer data sheets and
instructions, method statements, safety eets, S47itUbstitution Requests, and the like, will be
submitted in digital format.
2.7 AWARD of RFQ/SELECTIONc„RC�ESS:
2.8
2.9
Selection of the Consultafif/ endo � It b "a qualification -based selection in accordance with
i/, „ ,
Florida Statutes §287.055, o is cants competitive Negotiation Act". The scoring criteria included
in SECTION 6 here iII be used in the evaluation and ranking of the Proposal based on the
response within 1 'RFQ B'fte b4oation/Selection Committee.
GENERAL:
The successful Vend& ), stall furnish all tools, materials, equipment, sub -consultants, labor, and
supervision, etc. as nec sary to maintain and complete the Scope of Services/Work as outlined
within this RFQ. All mileage and travel time to and from the job site is not reimbursable. Mileage
and travel costs shall be included in the negotiated hourly rate as established in the contract.
TIME SCHEDULE AND TIME FRAMES:
Schedules shall be included in detailed work orders issued under the Contract and shall be based
on the number of continuous calendar days following the work order execution date to complete
the tasks of the project. If the BBCRA reviews and comments are necessary to proceed with a task,
then a specified BBCRA review time shall be included in the schedule.
RFQ No. 25-001 Engineering Design Consultant
'2Q
YNT
BEAC
i .. ���MulAG:,:A
SECTION 3 — INSTRUCTION TO PROPOSERS
3.1 All entities interested in responding to this RFQ must register with the BBCRA via email by providing
their name, address, telephone number, and an email address to Mr. Timothy Tack, BBCRA Acting
Executive Director, at TackT@bbfl.us. Any information concerning addenda, changes, additions,
clarifications, notices, and other topics related to this RFQ will be sent to registered proposers using the
registration information provided.
3.2 Location and Deadline. Proposals must be received by the BPCRA at 100 East Ocean Avenue,
4th Floor, Boynton Beach, FL 33435 on or before December 23, 202 no later than 2:30 p.m. Eastern
,
Standard Time (the "Deadline"), as determined by the time stamp]/ick at the BBCRA's reception area
set up on the 1st Floor Lobby. Proposals received after the dat !ndfne set forth above will NOT BE
ACCEPTED FOR CONSIDERATION. Proposers may withdr w submitte�,�jroposals and resubmit at any
time prior to the Deadline. V
�jr,
3.3 Form and Number of Copies. Proposals mus f f ,.//deli fired in a sealed box or envelope. Faxed
r o/rrrrrr�
and emailed Proposals will not be accepted. In total, onound original Proposal document must be
submitted with a title page listing the name of thea d the submitting proposer along with one (1)
�r
unbound but clipped copy of the complete Prop"""-%rf .one i ital copy of the complete Proposal in
PDF format on a thumb drive. Proposals shall beclarly11111TITI,d ori the outside of the envelope or delivery
box container as follows:
Subm
uest fcfr Qualifications
nergng Design Consultant
Community Redevelopment Agency
of Boynton Beach, Florida
no later than 2:30 p.m. (EST)
3.4 Completeness. All F'h��as,1s'must be complete upon submittal to the BBCRA.
3.5 Signature. The Proposal, and any documents submitted with the Proposal that require a signature,
must be signed by an individual authorized by proposer to legally bind and represent proposer.
3.6 Failure to Meet Submittal Requirements. The failure to meet the Deadline, submit a Proposal
that complies with the form and number of copies requirements, or submit a complete Proposal may result
in the Proposal being rejected and returned at the sole discretion of the BBCRA.
3.7 Proposal validity. Proposals shall remain valid and binding on proposers for one hundred eighty
(180) days after the submittal date.
3.8 All correspondence, questions, and requests must be submitted in writing via email to the person
identified above and may be submitted at any time but no later than
All answers to questions, clarifications, and interpretations will be
issued in the form of an addenda, which becomes a part of this RFQ. The proposer must acknowledge
receipt of each addenda by completing the Addenda Acknowledgement Form and including it with the
submitted Proposal (see Attachment "J"). It is the responsibility of all proposers to obtain, review and
respond to any and all addenda issued. Oral explanations, information, and instructions shall not be
RFQ No. 25-001 Engineering Design Consultant
'2Q
considered binding on the BBCRA. All proposers are encouraged to independently verify the accuracy of
any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible for
the accuracy of any oral information provided to any proposer, or to any assumptions made by proposer.
Written responses to all written questions submitted shall be maintained by the BBCRA in the RFQ file.
3.9 All expenses for making SUBMITTAL responses to the BBCRA are to be borne by the Proposer.
3.10 A sample draft agreement that the BBCRA intends to execute with the successful firm(s) is
contained within this RFQ for review. Any exceptions taken to the terms and conditions of the BBCRA's
agreement shall be considered a part of the Vendor's solicitation response and will be considered by the
BBCRA in its evaluation. Any exception not specifically stated is deemed waived. Submission of any
exceptions to the agreement does not denote acceptance by the BBCRA. Furthermore, taking exceptions
to the BBCRA's terms and conditions may be viewed unfavorably by the BBCRA/Evaluation Committee
and ultimately may impact the overall evaluation of a vendor's submittal. The BBCRA reserves the right to
modify the contract language prior to execution.
3.11 Proposer understands and acknowledges that to the extent permitted by law, the BBCRA retains
all rights, at its sole and absolute discretion, to:
a. Withdraw this RFQ at any time;
b. Modify the schedule associated with this RFQ; A, �,
c. Issue addenda to this RFQ; ��
d. Request additional information, clarifications, or ass/Ur ances f(rj one or more proposers or
prospective proposers;No
e. Reject any and all Proposals;
�,..
f. Refrain from awarding an agreement as a result
g. Verify the accuracy of any information provided;
h. Accept Proposals that deviate from this OQ;-
i. Disqualify or reject Proposals that are incf pf"
j. Re -advertise this RFQ and accept new Pro"
k. Obtain economic feasibilit70OPF A,14` -or thlfi
Proposal;
I. Evaluate the Proposals th`�/,ugh a ;; „recess "i
,
�a �aa�;
this RFQ, and applicable F166' t� ,
,1
or unclear;
rty evaluations with regard to any part of any
complies with the BBCRA Procurement Policy,
m. Select one or more ,sppssful' osals or proposers it deems will be in the best interests of the
i iay/pica
BBCRA, regardl�� of whit Propos I appears to offer the best monetary value to the BBCRA;
n. Waive any req„' fed elemer br condition found in this RFQ for all Proposals or for a specific
Proposal;
o. Waive any formallti sso�Med with this RFQ;
,. i
p. Negotiate agreementsy �idon or withdraw from negotiations, approve agreements, and take
other similar actions as c�esult of this RFQ.
3.12 Each Proposer, by submission of a proposal response, acknowledges that in the event of any legal
action challenging the award of a RFQ; damages, if any, shall be limited to the actual cost of the
preparation of the Bid or Proposal.
3.13 Tentative Schedule. The following tentative schedule is anticipated for actions related to this
RFP/RFQ. All dates, times, and locations are subject to change. All changes will be posted to the
BBCRA's website at www.boyntonbeachcra.com
RFQ Advertisement Date
Question/Request for Clarification Deadline:
Submittal Deadline:
RFQ Scoring:
RFQ Award by CRA Board:
RFQ No. 25-001 Engineering Design Consultant
12024
12025
, 2025
12025
12025
'2Q
YNT
BEAC
Miii i[T iii: iii��� iii���a��. iu iii���a iii AG:,:A
SECTION 4 —STANDARD TERMS AND CONDITIONS
4.1 FAMILIARITY AND COMPLIANCE WITH LAWS AND CODES: Federal, State, County, and local
laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of
knowledge by the vendor shall in no way be a cause for relief from responsibility. The vendor shall strictly
comply with Federal, State, and local building and safety codes. Equipment shall meet all State and Federal
Safety regulations. The vendor certifies that all products (materials, equipment, processes, or other items)
meet all ANSI, NFPA, and all other Federal and State requirements. The vendor further certifies that the
product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect
on the date of delivery, all costs necessary to bring the product into qpliance shall be borne by the
vendor.
4.2 RFQ FORMS: The Vendor will submit an RFQ on
amounts, and descriptive information must be legibly entered.
of delivery for which they propose to deliver the equipment
to be licensed to do business as an individual, partnershl
/F
forms must be executed and submitted for easy identiflcn. F
be rejected. All RFQs are subject to the conditions spec) Ion
which do not comply with these conditions are subject to rete
RF✓C,,,,forms provided. All RFQ prices,
'ender P s state the price and the time
Ice req 0, d. The Vendor is required
oration In h State of Florida. All RFQ
Wises not submitted on RFQ forms may
this solicitation document. Submittals
4.3 EXECUTION OF RFQ: RFQ must contalr � mprd41. nature of an authorized representative in
the space provided on all affidavits gp"roposa Bets.
4.4 BID DEADLINE: It is tt
electronically by or at the proper e
not permitted by the e -Procurement
lity to ensure that the proposal is submitted
RFQ deadline. Late Submittal Responses are
4.5 RIGHT TO REJ BID he BFB.RA reserves the right to reject any or all bids or proposals,
waive technical errors to accept porti n of any bids that are deemed to be the most responsive,
responsible Vendor(s) wfttob represent/the most advantageous bid to the BBCRA. In determining the "most
advantageous bid or propos prlc,; quantifiable factors, and other factors are considered. Such factors
iiia,
include but are not limited to sefiIons; delivery requirements; the initial purchase price; life expectancy;
cost of maintenance and operatw operating efficiency; training requirements; disposal value; and other
factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not
necessarily limited to conformity to the specifications; including timely delivery; product warranty; a Vendor's
proposed service; ability to supply and provide service; delivery to required schedules and past
performances in other agreement/contracts with the BBCRA or other government entities.
4.6 AGREEMENT EXTENSION: The BBCRA reserves the right to extend automatically for a period
not to exceed an additional one -hundred and eighty (180) calendar days by filing written notice signed by
the vendor to the BBCRA without further BBCRA Board action. This extension shall provide the BBCRA
with continual services for the completion of the project.
4.7 RIGHTS OF THE BBCRA: The BBCRA expressly reserves the right to:
A. Waive as an informality, minor deviations from specifications at a lower price than the most
responsive, responsible Vendor meeting all aspects of the specifications and consider it, if it is
determined that total cost is lower and the overall function is improved or not impaired;
B. Waive any defect, irregularity, or informality in any BID, RFQ, or RFP procedure;
C. Reject or cancel any or all RFPs, RFQs, or BIDs;
RFQ No. 25-001 Engineering Design Consultant 10
'2Q
D. Reissue a Request for Proposals (RFP), Request for Qualifications (RFQ) or Invitation to Bid (Bid);
E. Extend the RFP, RFQ, or BID deadline time and date;
F. Procure any item by other means;
G. Increase or decrease the quantity specified in the Request for Proposals (RFP), Request for
Qualifications (RFQ) or Invitation to Bid (Bid);
H. Consider and accept an alternate RFP/RFQ/BID as provided herein when most advantageous to
the BBCRA.
4.8 STANDARDS: Factors to be considered in determining whether the standard of responsibility has
been met include whether a prospective Vendor has:
A. Available the appropriate financial, material, equipment, facility, and personnel resources and
expertise, or the ability to obtain such, necessary to indicate its capability to meet all
agreement/contractual requirements;
B. A satisfactory record of performance;
C. A satisfactory record of integrity;
D. Qualified legally to Agreement/contract within the State of Florida and the BBCRA;
E. Supplied all necessary information in connection with the inquiry concerning responsibility.
4.9 DISQUALIFICATION OF PROPOSER: More than one jf�oposal from an individual, firm,
��;
partnership, corporation, or association under the same or differ , t gimes shall not be considered. All
proposals shall be rejected if there is reason to believe that coil"slon ets between Vendors. Automatic
disqualifiers are as follows: MW
A. Not including an executed Vendor signatUW6
B. Not being licensed to perform the requlredicX/ r to provide the required product.
C. Not being eligible to submit a proposal du gviolations listed under Item No.38, "Public
Entity Crimes." //
D. Not completing the RFP, RFQ o�31f bmattalrms as required.
4.10 DIRECT OWNER PURCHASE ,P cedur� sed by the BBCRA to make direct purchases of any
materials/equipment and make dlre�CtSay�t to thy, Vendor. The BBCRA reserves the right to issue
,,,,,
purchase orders for materials to ei the C_tractor �� ,Consultant's / Vendor's or the BBCRA's suppliers
for construction/public works relate(ate��sr�e4emed in the best interest of the BBCRA.
4.11 INFORMATION p["'$CRIPTIVE LITERATURE: Vendors must furnish all information
%��,
requested in the space - rovlded the A i;liiorm. Further, as may be specified elsewhere, each Vendor
must submit for bid e/uation cuts;,
ketc es, and descriptive literature, and technical specifications
covering the products offrl. Referen& to literature submitted with a previous bid or on file with the buyer
will not satisfy this provisio% j/, /////
4.12 SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Vendor. Within
ten (10) calendar days after issuance of the award letter, the successful Vendor shall sign and deliver the
Contract with the required bonds and insurance certificates to the BBCRA. After receipt and approval of
such documents, the Contract will be executed. Within thirty (30) calendar days thereafter, the BBCRA shall
deliver a fully signed and executed Contract to the successful Vendor. At times a purchase order will be
issued in lieu of a contract agreement.
4.13 INTERPRETATIONS: To ensure fair consideration for all Vendors, the BBCRA prohibits
communication to or with any department, officer, or employee during the solicitation process except as
otherwise specified. If the Vendor should be in doubt as to the meaning of any of the RFP, RFQ, or BID
documents, or is of the opinion that the plans and/or specifications contain errors, contradictions, or reflect
omissions; the Vendor shall direct questions to the Project Manager through the Bidding System only by
clicking on the "Submit a Question" button for this Bid, no later than ten (10) days prior to the RFP, RFQ,
or BID deadline.
4.14 CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provision of
the BBCRA of Boynton Beach, Palm Beach County, of the State of Florida.
RFQ No. 25-001 Engineering Design Consultant 11
'2Q
4.15 SUBCONTRACTING: If a Vendor subcontracts any portion of a Contract for any reason, the
Vendor must state the name and address of the subcontractor/ subconsultant and the name of the person
to be contacted on the form under "Schedule of Subcontractors". The BBCRA reserves the right to accept
or reject any or all proposals wherein a subcontractor / subconsultant is named and to make the award to
the Vendor, who, in the opinion of the BBCRA, will be in the best interest of and/or most advantageous to
the BBCRA. The BBCRA also reserves the right to reject a Bid of any Vendor if the RFP, RFQ, or BID
names a subcontractor / subconsultant who has previously failed in the proper performance of an award or
failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under
this award. The BBCRA reserves the right to inspect all facilities of any subcontractor/ sub -consultant in order
to make determination as to the foregoing. The subcontractor / subconsultant will be equally responsible for
meeting all requirements specified in this Request for Proposals (RFP), Request for Qualifications (RFQ),
or Invitation to Bid (BID). Vendors are encouraged to seek minority and women business enterprises for
participation in subcontractor / subconsultant contracting opportunities. The BBCRA reserves all rights in
order to make a determination as to the foregoing.
4.16 ADDENDA: From time to time, the BBCRA may issue an addendum to change the intent or to
clarify the meaning of the Contract documents. it is the responsibility of each Vendor to have received ALL
addenda that are issued.
The Vendor is solely responsible to:
make any required adjustments to their Bid;
acknowledge the addenda; and
Ensure the re -submitted Bid is RECEIVED
bid closing time and date.
4.17 SAMPLES: Samples of items, when called for, mud
tested, or destroyed, upon request, will be returt�,d at the
samples may be made within ten (10) calendar d*fcf(bwiol
must be labeled with the Vendor's name, manufai xer §�r�
4.18 DEMONSTRATIONS: Perfc
of the evaluation process in deter
equipment/services that meet B
Equipment demonstrated shall be a
individual bid product or servlet
group award recommend 'n'.'V4
based on its needs and "e combin(
4.19 ESCALATOR C
be rejected.
m no later than the stated
ished free of expense, and if not used,
s expense. Request for the return of
/bid deadline. Each individual sample
a and number, and item reference.
ff,the equipment/services upon request can be deemed a part
WER
ward/` the Vendor. Demonstrations of the merits of the
Ni ir��i '� shall be requested by Procurement Services.
1 ot�on�(1) year old. All required staff, to be assigned per the
will form the Bid Award Committee to evaluate and submit a
eserves the right to make separate and independent awards
bon results.
or proposal which is submitted subject to an escalator clause will
4.20 EXCEPTIONS: Incorporation in a proposal of exceptions to any portion(s), of the Contract
documents may invalidate the proposal. Exceptions to the Technical and Special Provisions shall be clearly
and specifically noted in the Vendor's proposal on a separate sheet marked "EXCEPTIONS TO THE
SPECIFICATIONS" and this sheet shall be attached to the proposal. The use of the Vendor's standard
forms or the inclusion of the manufacturer's printed documents shall not be construed as constituting an
exception within the intent of the Contract documents.
4.21 NONCONFORMANCE TO AGREEMENT/CONTRACT CONDITIONS: Items may be tested for
compliance with specifications under the direction of appropriate testing laboratories. The data derived from
any tests for compliance with specifications are public records and open to examination thereto in
accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be
rejected and returned at the vendor's expense. These items and items not delivered as per delivery date in
the bid and or Purchase Order may result in the Vendor being found in default in which event any and all
procurement costs may be charged against the defaulted Vendor. Any violation of these stipulations may
also result in the vendor's name being removed from the BBCRA's vendor mailing list.
RFQ No. 25-001 Engineering Design Consultant 12
'2Q
4.22 DISPUTES_ In case of any doubt or difference of opionion as to the items to be furnished hereunder,
the decision of the Executive Director shall be final and binding on both parties.
4.23 ANTITRUST CAUSE OF ACTION: In submitting a bid/proposal to the BBCRA, the Vendor offers
and agrees that if the proposal is accepted, the Vendor will convey, sell, assign or transfer to the BBCRA
of Boynton Beach all rights, title, and interest in and to all causes of action it may now or hereafter acquire
under the antitrust laws of the United States and the State of Florida for price-fixing relating to the particular
commodities or services purchased or acquired by the BBCRA. At the BBCRA of Boynton Beach's
discretion, such assignment shall be made and become effective at the time the purchasing agency tenders
final payment to the Vendor.
4.24 GOVERNMENTAL RESTRICTIONS: In the event, any governmental restrictions may be imposed
which would necessitate alteration of the material, quality, workmanship, or performance of the items
offered on this proposal prior to their delivery, it shall be the responsibility of the successful Vendor to notify
the BBCRA at once, indicating in a letter the specific regulation which required an alteration. The BBCRA
reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or
to cancel the Contract at no expense to the BBCRA.
4.25 LEGAL REQUIREMENTS: Federal, State, County, and /►ty laws, ordinances, rules, and
�j
regulations that in any manner affect the items covered herein apply 0/0. of knowledge by the Vendor will
in no way be a cause for relief from responsibility.
j/%ice
4.26 ON PUBLIC ENTITY CRIMES: All Invitations to Re t for Propo, Request for Qualifications,
Invitations to Bid as defined by Section 287.012(l 1), Floris( �tatutes, request�;Jfpr proposals as defined by
Section 287.012(16), Florida Statutes, and any contractgA�scume 1Vdescribed by Section 287.058, Florida
WV .
Statutes, shall contain a statement informing persons evlsions of paragraph (2)(a) of Section
287.133, Florida Statutes, which reads as follows: ° W
"A person or affiliate who has been placed or'l
entity crime may not submit a bid on a contract
not submit a bid on a contract with public er
public work, may not submit bld/ �eas�s of
perform work as a contractor s ppller bcor
W
public entity, and may not trar�gact bu ",i
provided in Section 287.017, for A'EGORY
placed on the convictet y(be%I list' jj
Wicted vieodor list following a conviction for public
�/ d4 goods or services to a public entity, may
r the construction or repair of a public building or
roperty to a public entity, may not be awarded or
r, vendor, or consultant under a contract with any
y public entity in excess of the threshold amount
for a period of 36 months from the date of being
4.27 NON-COLLUSM& The vetVpr certifies that it has entered into no agreement to commit a
fraudulent, deceitful, unla iful, or wrorVul act, or any act that may result in an unfair advantage for one or
moi,
more vendors over other fhclors 'conviction for the commission of any fraud or act of collusion in
connection with any sale quotation, proposal, or another act incident to doing business with the
BBCRA may result in permanent 1debarment. No premiums, rebates, or gratuities are permitted; either with,
prior to, or after any delivery of material or provision of services. Any such violation may result in award
cancellation, return of materials, discontinuation of services, and removal from the vendor list(s), and/ or
debarment or suspension from doing business with the BBCRA.
Each Vendor shall complete the Non -Collusion Affidavit Form and shall submit the form with their
Proposal. The BBCRA considers the failure of the Vendorto submit this document to be a major irregularity
and may be cause for rejection of the Proposal.
4.28 TRADE SECRET: Any language contained in the Vendor's Proposal purporting to require
confidentiality of any portion of the Proposal, except to the extent that certain information is in the BBCRA's
opinion a Trade Secret pursuant to Florida law, shall be void. If a Vendor submits any documents or other
information to the BBCRA which the Vendor claims are Trade Secret information and exempt from Florida
Statutes Chapter 119.07 (Public Records Laws), the Vendor shall clearly designate that it is a Trade Secret
and that it is asserting that the document or information is exempt. The Vendor must specifically identify
the exemption being claimed under Florida Statutes 119.07. The BBCRA shall be the final arbiter of whether
any information contained in the Vendor's Proposal constitutes a Trade Secret. The BBCRA's determination
of whether an exemption applies shall be final, and the Vendor agrees to defend, indemnify, and hold
RFQ No. 25-001 Engineering Design Consultant 13
399
harmless the BBCRA its officers, employees, volunteers, and agents, against any loss or damages incurred
by any person or entity as a result of the BBCRA's treatment of records as public records. Proposals
purporting to be subject to copyright protection in full or in part will be rejected.
EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT
TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO
NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED.
4.29 ANTI -KICKBACK AFFIDAVIT: Each Vendor shall complete the Anti -Kickback Affidavit Form and
shall submit this form with their Proposal. The BBCRA considers the failure of the Vendor to submit this
document to be a major irregularity and may be cause for rejection of the Proposal.
4.30 CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the BBCRA to increase
the participation of minority-owned businesses in its contracting and procurement programs. While the
BBCRA does not have any preference or set-aside programs in place, it is committed to a policy of equitable
participation for these firms.
4.31 ADVERTISING: In submitting an RFP, RFQ, or BID, the Vendor agrees not to use the results as
a part of any commercial advertising. Violation of this stipulation may 'subject to action covered under
"NONCONFORMANCE WITH CONTRACT CONDITIONS". %,
4.32 ASSIGNMENT: Any Purchase Order issued pursuant td`iis Re"Uest for Proposal, Qualifications,
or Invitation to Bid and the funds which may become d7/d/e/7
bunder areot assignable except with the
prior written approval of the BBCRA. ��//O�
4.33 INSURANCE REQUIREMENTS: If a vendor is pfe J i9,_ service under this agreement/contract,
then the vendor shall, at its sole expense, maintain in full form%and effect at all times during the life of this
agreement/contract, insurance coverages, and Ilmt�; acluding'orsements), as required by the BBCRA.
These requirements shall not in any manner limit r cj66iCf/ the loilities and obligations assumed by the
vendor under this agreement/contract. All coverages shy ided on a primary basis with the BBCRA
endorsed as an Additional Insured as folll Vis,, "Boy"' each Community Revelopment Agency". The
vendor shall provide the BBCRA w��Ceficate Insurance evidencing such coverages prior to the
commencement of any services ar/ Wlthin afi e framii�pecified by the BBCRA (normally within 2 working
days after request). Failure to riWhtain,i%*wore insurance shall be considered a default of the
iii
agreement/contract. See Attachments further information regarding BBCRA insurance requirements.
4.34 INDEMNIFICAT N: The 9efe�ted ,, ndor(s) shall hold and save harmless the BBCRA, Florida its
ilii77
officers, agents, volunt� mss, and ems(§sees from liability of any kind in the performance of this Contract.
Further, the selected Verrdogs) shall ipdemnify, save harmless, and undertake the defense of the BBCRA,
s /'%'
its BBCRA Board Member r entsrvants, and employees from and against any and all claims, suits,
actions, damages, or causes 5a 1t5n arising during the term of this Contract, for any personal or bodily
W
injury, loss of life, or damage to operty arising directly or indirectly from Vendor's operation pursuant to
this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any
such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and
from and against any orders or judgments which may be entered therein. The BBCRA shall notify the
Vendor within ten (10) business days of receipt by the BBCRA of any claim, suit, or action against the
BBCRA arising directly or indirectly from the operations of the Vendor hereunder, for which the BBCRA
may be entitled to a claim or indemnity against the Vendor, under the provisions of this contract. Vendor
shall have the right to control the defense of any such claim suit or actions. The Vendor shall also be liable
to the BBCRA for all costs, expenses, attorneys' fees, and damages which may be incurred or sustained
by the BBCRA by reason of the Vendor's breach of any of the provisions of the contract. Vendor shall not
be responsible for negligent acts of the BBCRA or its employees. Further, the vendor shall hold the BBCRA
harmless and indemnify the BBCRA for any funds that the BBCRA is obligated to refund the Federal
Government arising out of the conduct, activities, or administration of the agreement/contract by the vendor.
4.35 AWARD OF CONTRACT: Contracts or Purchase Orders will be awarded by the BBCRA to the
most qualified, responsive, responsible Vendor whose bid or proposal represents the most advantageous
bid/proposal to the BBCRA, price, and otherfactors considered. Evaluation of bids or proposals will be made
based upon the evaluation factors and standards set forth herein. The BBCRA reserves the right to reject
RFQ No. 25-001 Engineering Design Consultant 14
An
any and all bids or proposals and to waive technical errors as set forth herein. In the event of a Court
challenge to an award by any Vendor, damages, if any, resulting from an award shall be limited to actual bid
or proposal preparation costs incurred by the challenging Vendor. In no case will the award be made until
all necessary investigations have been made into the responsibility of the Vendor and the BBCRA is
satisfied that the most qualified, responsive, responsible Vendor is qualified to do the work and has the
necessary organization, licenses, permits, capital, and equipment to carry out the required work within the
time specified.
4.36 CONTRACT AGREEMENT: An Agreement outlining the Scope of Services with the intent of
accomplishing a timely, cost-effective completion of a given project will be provided. A Purchase Order
stipulating the Scope of Work to be provided will be issued after the execution of said Agreement. The
Agreement will be based on successful negotiation.
4.37 FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the BBCRA Board for the BBCRA in
the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of
funding.
4.38 PURCHASE ORDER REQUIRED: The BBCRA will not accep %%any goods delivered or services
performed unless a duly authorized purchase order has been Issue ' or said goods and/or services. The
purchase order number must appear on all invoices, packing slip 11correspondence concerning the
order.
4.39 WARRANTY REQUIREMENTS: Each item, inclu �d all components d all installed accessories
r'
and equipment, shall be guaranteed by the Vendor to free of ,efective parts and workmanship. This
r /iii
warranty shall be for a period of 365 calendar days or the Ue designated in the standard factory warranty,
o,,,,
whichever is longer. The warranty will be the same as tha�iii„,ered to the commercial trade and shall be
honored by any of the manufacturer's authorized dealers. Th/ arranty will cover parts, labor, and any
necessary shipping. Warranty repairs may be accbmp, 4h on B ORA property if space is available; this
will be at the sole discretion of the BBCRA. Cor,�ct,P ent Services for permission to perform
warranty service on BBCRA property. W��� e ty to s at the time of acceptance by the BBCRA; however,
in cases where vehicles or equipment no j meds I ly placed in service, the Vendor will provide a delay
of warranty start-up time. The peri of warr 1161ty dela0vill be coordinated by Procurement Services.
4.40 PRICES, TERMS, AND PAYMENT: Firm prices shall be quoted and include all packing, handling,
shipping charges, and denyb e deN ation shown herein. Vendor is requested to offer a cash discount
i,
for prompt invoice payor,f Discou t,tlm6-,, JI be computed from the date of satisfactory delivery at the
place of acceptance orn receipt ofie correct invoice at the office specified, whichever is later.
Upon delivery, the BB� A�� l make a final inspection. If this inspection shows that the
equipment/service has bivered/performed in a satisfactory manner in accordance with the
specifications, the BBCRA sl 11 receive the same. Final payment due to the Vendor shall be withheld
until a visual inspection is made by the BBCRA'S DESIGNEE and the merits of performance are
evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not
exceed thirty (30) calendar days. If any equipment/service has to be rejected for any reason, the Vendor
shall be required to pick up the equipment, accomplish the necessary repairs, and return the equipment
to the BBCRA. Warranty repairs may be accomplished on BBCRA property if space is available; this
will be at the discretion of the BBCRA. Title to or risk loss or damage to all items shall be the
responsibility of the Vendor unless such loss or damages have been proven to be the result of
negligence by the BBCRA.
4.41 TIME OF DELIVERY: The Vendor shall state in the bid the time of delivery of the equipment. Time
is of importance to the BBCRA and the Vendor is hereby notified that the date of delivery will be considered
as a factor in the evaluation of the bids.
4.42 CERTIFICATIONS, LICENSE, AND PERMITS: Unless otherwise directed by the BBCRA, the
vendor should provide a copy of all applicable certificates of Competency or Licenses issued by the State
of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the vendor. If
applicable, the vendor shall also maintain a current Local Business Tax Receipt (Occupational License) for
RFQ No. 25-001 Engineering Design Consultant 15
An
the County and all permits required to complete the agreement/contractual service at no additional cost to
the BBCRA. A County Local Business Tax Receipt (Occupational License) is required unless specifically
exempted by law. It shall be the responsibility of the successful vendor to obtain all certifications, licenses,
and permits, if required, to complete the services at no additional cost to the BBCRA. It is the responsibility
of the vendor to ensure all required certifications, licenses, and permits are maintained and are current
throughout the term of the agreement/contract, inclusive of any renewals. Licenses and permits shall be
readily available for review by the BBCRA Inspectors. Failure to meet this requirement shall be considered
a default of the agreement/contract.
4.43 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Vendor certifies that all
material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Vendor further certifies
that if awarded as the successful Vendor, and the material equipment, etc. delivered is subsequently found
to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the
materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the
Vendor.
Vendor certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State
safety regulations and requirements.
4.44 PALM BEACH COUNTY INSPECTOR GENERAL: The t/�;ndor is aware that the Inspector
General of Palm Beach Count has the authority to investigate an County y g �it,,"atters relating to the negotiation
and performance of any agreement/contracts resulting from this S tk it ti, nd in furtherance thereof, may
demand and obtain records and testimony from the Vel/or and its bcontractors and lower -tier
subcontractors. The Vendor understands and agree" at in addition'., all other remedies and
iii
consequences provided by law, the failure of the Vendor its su ontractors or lower -tier subcontractors
to fully cooperate with the Inspector General when reques y be deemed by the municipality to be a
material breach of this agreement/contract justifying its termiwn.
4.45 PUBLIC RECORDS: Sealed documents
exempt from public records disclosure until thirty
the BBCRA announces intent to awards, in
The BBCRA is a public agency sy bct to
Florida's Public Records Law. Sptcall�
A. Keep an
day thdqaBCRA in response to an invitation are
rr1=:Mays after the opening of the RFQ unless
nce with Florida Statutes 119.07.
Florida Statutes. The Vendor shall comply with
hall:
required by the BBCRA to perform the service;
B. Upon—ip,uest from t BBCRA's custodian of public records, provide the BBCRA with a
copy Ahe requested records or allow the records to be inspected or copied within a
reasonab��Jij� e atter ost that does not exceed the cost provided in chapter 119, Fla. Stat.
or as otherwisrvlded 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, Vendor shall
destroy all copies of such confidential and exempt records remaining in its possession
once the Vendor transfers the records in its possession to the BBCRA; and
D. Upon completion of the contract, Vendor shall transfer to the BBCRA, at no cost to the
BBCRA, all public records in Vendor's possession. All records stored electronically by
Vendor must be provided to the BBCRA, upon request from the BBCRA's custodian of
public records, in a format that is compatible with the information technology systems of
the BBCRA.
Failure of the vendor to comply with the requirements of this Section, and other applicable
requirements of state or federal law, shall be a material breach of the resulting
agreement/contract. The BBCRA shall have the right to exercise any and all remedies
available to it for breach of agreement/contract, including but not limited to, the right to
terminate for cause.
RFQ No. 25-001 Engineering Design Consultant 16
An
E. IF PROPOSER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS RFQ, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT (561)600-9093; 100 E. Ocean
Avenue, Boynton Beach, Florida 33435, TackTa-bbfl.us.
4.46 VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce
this solicitation and resulting agreement/contract will be held in Palm Beach County and shall be interpreted
according to the laws of Florida.
4.47 DISCRIMINATION PROHIBITED: The BBCRA is committed to assuring equal opportunity in the
award of orders/contracts and complies with all laws prohibiting discrimination. The vendor warrants and
represents that throughout the term of the contract, including any renel thereof, all of its employees are
treated equally during employment without regard to race, color, religionilsability, sex, age, national origin,
iMi
ancestry, marital status, familial status, sexual orientation gen( entity or expression, or genetic
information. Failure to meet this requirement shall be considered e of the contract. The vendor shall
comply with all applicable Federal statutes relating to nond))CHI` ina i s may be applicable. These
include but are not limited to:
A. Title VI of the Civil Rights Act of 14
the basis of race, color, or national
which prohibits discrimination on
B. Title IX of the Education Arrreodroents of 1977,,,as amended (20 U.S.C. §§1681-1683,
and §§1685-1686), which pr tbit��rmin"8n on the basis of sex;
Section 4 of the/,,,"' llitati" f 1 ',;;7 as amended 2§794),whi h
C. S 50lab fes„ 9 3, (9) U.S.C. c
prohibits discrlm rl" tion (� the b/rls of handicaps;
D. The Age Disc„� ati;� 975, as amended (42 U.S.C. §§6101-6107), which
prohibits discrlmon the basis of age;
E. The'bg Abus fflcel . d Treatment Act of 1972 (P.L. 92-255), as amended relating
F
to j/discrimina n on the basis of drug abuse;
F. The rehe w
X”e Alcohol Abuse and Alcoholism Prevention, Treatment, and
Rehablllf 1970 (P.L. 91-616), as amended, relating to nondiscrimination on
the basis of ohoI abuse or alcoholism;
G. §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and
290 ee3), as amended, relating to the confidentiality of alcohol and drug abuse patient
records;
H. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental, or financing of housing;
I. Rehabilitation Act of 1973 any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is being made;
J. Executive Order 11063, which prohibits discrimination in the sale, easing, rental, or
other disposition of properties and facilities owned or operated by the federal
government or provided with federal funds;
K. Housing and Community Development Act of 1974, which provides no person in the
United States shall on the grounds of race, color, national origin, or sex be excluded
RFQ No. 25-001 Engineering Design Consultant 17
3
from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity funded in whole or in part with federal funds;
L. Fair Housing of 1968, which provides participating agencies must affirmatively further
fair housing for classes protected under the Fair Housing Act. Participating housing
counseling agencies are expected to help remedy discrimination in housing and
promote fair housing rights and fair housing choice; and,
M. The requirements of any other nondiscrimination statute(s) which may apply to the
application. The vendor shall comply with the Drug -Free Workforce Act of 1988.
The vendor understands and agrees that a material violation of this section shall be considered a
material breach of this solicitation and the resulting agreement/contract and may result in termination
of the agreement/contract, disqualification, or debarment of the company from participating in BBCRA
contracts, or other sanctions. This clause is not enforceable by or for the benefit of and creates no
obligation to, any third party. The vendor shall include this language in its sub -contracts.
4.48 INDEPENDENT CONTRACTOR RELATIONSHIP: The vendor is, and shall be, in the performance
of all work, services, and activities under this solicitation and the /,,psulting agreement/contract, an
independent contractor and not an employee, agent, or servant of e BBCRA. All persons engaged in
any of the work or services performed pursuant to the agreem �1c
�i contract shall at all times, and in all
places, be subject to the vendor's sole direction, supervision/ rid �trol. The vendor shall exercise
control over the means and manner in which it and its emP lo, es pe rfe the work, and in all respects,
,i
the vendor's relationship, and the relationship of Its ��Yloyees, to t�BCRA shall be that of an
independent contractor and not as employees or ag of theBCRA
4.49 LOBBYING:
A. CONE OF SILENCE: Consistert ,W4t the requl', ents of Chapter 2, Article VIII, Lobbyist
Registration, of the Palm Beach Cbo
nty Cif Ordinances, Boynton Beach imposes a Cone
of Silence. A cone of silence shall e „ osed on each competitive solicitation as of the
deadline to submit thepc��1 bid trither response and shall remain in effect until BBCRA
Commission award/� appr„''s a c0J/hfract rejects all bids or responses or otherwise takes
action that ends the,8olicit4,CrnRroces g.While the cone of silence is in effect, no Vendor or
iiiio viiia
its agent shall directay,pmunicate with any member of BBCRA Board or their
staff, the Executive CStr r, any employee of Boynton Beach authorized to act on behalf of
Boynton ef"i°ttf X latib��J the award of a particular contract or member of the Selection
Commi In refe e tc�;e solicitation, with the exception of the Project Manager or
Rwidesign,(Section 2 5 of he Palm Beach County Code of Ordinances.) Failure to abide
by this Ill ion may rve as grounds for disqualification for the award of contract to the
Vendor. F r, any ntract entered into in violation of the cone of silence shall render the
transaction dbE:
The cone of silence shall not apply to oral communications at any public proceeding, including
pre-bid conferences, oral presentations before Selection Committees, contract negotiations
during any public meeting, presentations made to the BBCRA Board, and protest hearings.
Further, the cone of silence shall not apply to contract negotiations between any employee
and the intended awardee, any dispute resolution process following the filing of a protest
between the person filing the protest and any employee, or any written correspondence with
Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of
silence shall not apply to any purchases made in an amount less than the competitive
solicitation threshold set forth in the Purchasing Manual.
4.50 CONFLICT OF INTEREST / GIFT POLICY: The vendor represents that it presently has no interest
and shall acquire no interest, either direct or indirect, which would conflict in a manner with the performance
of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. All vendors shall
disclose the name of any BBCRA employee or relative of a BBCRA employee who owns, directly or
indirectly, an interest of ten percent (10%) or more in the vendor's firm or any of its branches.
Additionally, 2 CFR 200.318 (c)(1) requires disclosure of a potential conflict of interest and standards
of conduct for "organizational conflicts of interest", which may also apply to non-profit sub -recipients of
RFQ No. 25-001 Engineering Design Consultant 18
An
federal funds; and, gift requirements. As such, the following provisions shall also govern in those
instances where federal funds are utilized for purchasing goods or services:
A. CONFLICT OF INTEREST: No employee, officer, or agent of the BBCRA may participate
in the selection, award, or administration of a contract supported by a federal award if he
or she has a real or apparent conflict of interest. Such a conflict of interest would arise
when the employee, officer, agent, any member of his or her immediate family, his or her
partner, or an organization that employs or is about to employ any of the parties indicated
herein, has a financial or other interest in or may receive a tangible personal benefit from
a vendor considered for a BBCRA contract.
In addition, the vendor shall disclose to BBCRA in writing all federal criminal law violations
involving fraud, bribery, or gratuity that potentially affect the award of this solicitation Failure
to make the required disclosures can result in withheld payments, award termination,
suspension, or debarment of the vendor.
B. ORGANIZATIONAL CONFLICT OF INTEREST: The vendor shall not have activities or
relationships (a) causing the vendor to be unable, or potentially unable, to render impartial
assistance or advice to the BBCRA; (b) impairing the vendor's objectivity in performing the
i
contract work; or (c) resulting in an unfair competitive vantage.
4.50 GIFT POLICY: No vendor who is a party to, or receive fit from, this agreement/contract
ic,,;,, �i,.
shall offer a gratuity, favor, or anything of monetary value to any Atcer, ��loyee, or agent of the BBCRA.
Further, no officer, employee, or agent of the BBCRA shall st or accept"' ratuity, favor, or anything of
monetary value from a vendor who is a party to, or receiv s,� benefit from if i/;/ greement/contract.
%D/////// %%
4.51 SUCCESSORS AND ASSIGNS: The BBCRA a e 'dor each binds itself and its successors
and assigns to the other party in respect to all provisions ofd contract. Neither the BBCRA nor the vendor
shall assign, sublet, convey, or transfer its inter P, rn the Contract without the prior written consent of the
.....
other.
4.52 PUBLIC RECORDS, ACCESS, AUDITS, AN 1�tETNTION: The vendor agrees that copies of
iii
any and all property, work product, do h1lntatlonorts, computer systems and software, schedules,
ro
graphs, outlines, books, manuals Ick file 2 OellveNftles, photographs, videos, tape recordings or data
relating to the agreement/contract /,' ch hav ,been crdated as a part of the vendor's services or authorized
i/i, M,
by the BBCRA as a reimbursable e , se/1 erated directly by the vendor, or by or in conjunction
or consultation with any other party rer or not /a party to the agreement/contract, whether or not in
privity of contract with the or, and wherever located shall be the property of the BBCRA.
Any material submitted, response t/63his solicitation is considered a public document in accordance with
Section 119.07, F.S.All° bmitted inf6hrnation that the responding vendor believes to be confidential and
O1
exempt from disclosure (i.e ;traderether
cret oras provided for in Section 119.07 and Section 812.081, F.S.)
must be specifically identlfie � ,. Upon receipt of a public records request for such information, a
determination will be made as t� the identified information is, in fact, confidential.
The vendor shall maintain all records pertaining to the procurement of the goods or services paid with
federal funds for a period of five (5) years from the date of submission of the final expenditure report for the
entire federal allocation or, for federal awards that are renewed quarterly or annually, from the date of the
submission of the quarterly or annual financial report, respectively, as reported to the federal awarding
agency or pass-through entity. The BBCRA and the relevant federal agency shall have access to such
records as required in this Section for the purpose of inspection or audit during normal business hours, at
the vendor's place of business. Exceptions include:
A. If any litigation, claim, or audit is started before the expiration of the five (5) year period,
the records must be retained until all litigation, claims, or audit findings involving the
records have been resolved and final action is taken.
B. When the BBCRA has received written notification to extend the records retention period
from the federal awarding agency, agency for audit, oversight agency for audit, agency for
indirect costs, or pass-through entity.
RFQ No. 25-001 Engineering Design Consultant 19
An
C. Records for equipment acquired with federal funds must be retained for five (5) years after
final disposition.
D. When records are transferred to or maintained by the federal awarding agency or pass-
through entity, the five (5) year retention requirement is not applicable to the BBCRA.
E. The vendor must comply with all of the provisions of 2 C.F.R. 200 — Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards.
F. Vendor shall provide the BBCRA with an annual financial audit report that meets the
requirements of Sections 11.45 and 216.349, Florida Statutes, and Chapter 10.550 and
10.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of
1984, 31 U.S.C. §§ 7501-7507, and the related provisions of the Uniform Guidance, 2
C.F.R. § 200.303 regarding internal controls, §§ 200.330 through 200.332 regarding sub -
recipient monitoring and management, and subpart F regarding audit requirements. Any
party receiving such funds shall comply with said provisions, and shall fully cooperate with
any other party's compliance with said provisions.
Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the vendor: (i)
provides a service; and (ii) acts on behalf of the BBCRA as provide ;tylnder Section 119.01 1 (2), F.S.,
�,O
the vendor shall comply with the requirements of Section 11, 1, Florida Statutes, as it may be
amended from time to time. The vendor is specifically required11,11t, � /
A. Keep and maintain public records required ='the BBCRo perform services provided
under the agreement/contract. �� I&
B. Upon request from the BBCRA's custodf� of p lic records, provide the BBCRA with a
Vii, /T/W
copy of the requested records or allow t"e'rogr+ecords to be inspected or copied within a
reasonable time at a cost that does not exce d,e cost provided in chapter 119, Fla. Stat.
or as otherwise provided by law
C. Ensure that public records that are pt or that are confidential and exempt from public
record disclosure require is argof disclosed except as authorized by law for the
duration of the contrrt term d foldving completion of the agreement/contract, Vendor
shall destroy all dies of su'6 confidehtual and exempt records remaining in its possession
once the Vendor 91_t in its possession to the BBCRA; and
D. Upon cormet9tn the �greement/contract, Vendor shall transfer to the BBCRA, at no
cost toQjje BBC i,„all�'blic records in Vendor's possession All records stored
electr-1bally by Vena must be provided to the BBCRA, upon request from the BBCRA's
custodia ”, public re,cords, in a format that is compatible with the information technology
systems of,BBC„i.
Failure of the vendor to com*with the requirements of this Section, and other applicable requirements
of state or federal law, shall be a material breach of the resulting agreement/contract. The BBCRA shall
have the right to exercise any and all remedies available to it for breach of agreement/contract, including
but not limited to, the right to terminate for cause.
4.53 INCORPORATION PRECEDENCE AND JURISDICTION: This solicitation shall be included and
incorporated in the award or resulting agreement/contract resulting here from. Any and all legal action
necessary to enforce the award or resulting agreement/contract shall be governed by the laws of the State
of Florida. Any legal action necessary to enforce the award or the resulting agreement/contract shall be in
a court of competent jurisdiction located in Palm Beach County.
4.54 LEGAL EXPENSES: The BBCRA shall not be liable to a vendor for any legal fees, court costs, or
other legal expenses arising from the interpretation or enforcement of the agreement/contract, or from any
other matter generated by or relating to the agreement/contract.
4.55 NO THIRD -PARTY BENEFICIARIES: No provision of the agreement/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
RFQ No. 25-001 Engineering Design Consultant 20
An
a party to the agreement/contract, including but not limited to any citizen or employees of the BBCRA and/or
vendor.
4.56 NO GOVERNMENT OBLIGATION TO THIRD PARTIES: The vendor agrees that, notwithstanding
any concurrence by the Federal Government in or approval of the solicitation or award of the underlying
Agreement/contract, absent the express written consent by the Federal Government, the Federal
Government is not a party to this Agreement/contract and shall not be subject to any obligations or liabilities
to the Recipient, vendor or any other party (whether or not a party to that agreement/contract) pertaining to
any matter resulting from the underlying Agreement/contract. The vendor agrees to include the above
clause in each subcontract related in whole or in part with this agreement/contract.
4.57 SCRUTINIZED COMPANIES:
A. SCRUTINIZED COMPANIES (WHEN AGREEMENT/CONTRACT VALUE IS LESS THAN $1
MILLION): As provided in F.S. 287.135, by entering into an agreement/contract or performing
any work in furtherance of this agreement/contract, the Vendor certifies that it, its affiliates,
suppliers, subcontractors, and vendors who will perform hereunder, have not been placed on
the Scrutinized Companies that Boycott Israel List, or is en
g/led in a boycott of Israel, pursuant
to F.S. 215.4725.
If the BBCRA determines, using credible informatid d"lable to the public, that a false
certification has been submitted by Vendor, �l ,e" results agreement/contract may be
rrr
terminated and a civil penalty equal to the gr� 6r of $2 milllo>I��r twice the amount of the
MV
agreement/contract shall be imposed, pursu/tj to F.S,,,287.135.
B. SCRUTINIZED COMPANIES (WHEN AGRE, ENT/CONTRACT VALUE IS GREATER
THAN $1 MILLION): As provided in F S. 287 13' day entering into an agreement/contract or
performing any work in furtherance �t1 agreemc��ontract, the Vendor certifies that it, its
affiliates, suppliers, subcontractors i6d very r who will perform hereunder, have not been
placed on the Scrutinized Companies Wil ctivlti" in Sudan List or Scrutinized Companies
iii/
With Activities in The Iranrfaum En�gy Sector List created pursuant to F.S. 215.473, or
iA/m/m��
is engaged in business d
'ration;m Cula or Syria. If the Vendor is found to have been placed
on the Scrutinized CoMiiianies At Bo co Israel List or is engaged to have been placed on
the Scrutinized Compaaf%esrael List or is engaged in a boycott of Israel, this
agreement/contr ay b rminated at the option of the BBCRA.
If the BBCf determlyd usIdd credible information available to the public, that a false
certificatio6;has been somitted by Vendor, the resulting agreement/contract may be
terminated and civil pIty equal to the greater of $2 million or twice the amount of the
agreement/conte she imposed, pursuant to F.S. 287.135.
4.58 DISCRIMINATORY VENDOR LIST: An entity or affiliate who has been placed on the discriminatory
vendor list may not: obtain an agreement/contract to provide goods or services to a public entity; construct
or repair of a public building or public work; lease real property to a public entity; award or perform work as
a vendor, supplier, or vendor under agreement/contract with any public entity; nor transact business with
any public entity. The Florida Department of Management Services is responsible for maintaining the
discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory
vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity
at (850) 487-0915.
4.59 PUBLIC ENTITY CRIMES: F.S. 287.133 requires the BBCRA to notify all vendors of the
following: "A person or affiliate who has been placed on the convicted vendor list following a conviction for
a public entity crime may not obtain an agreement/contract for the construction or repair of a public building
or public work, may not lease real property to a public entity, may not be awarded or perform work as a
vendor, supplier, or vendor under an agreement/contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in F.S. 287.017 for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list.
RFQ No. 25-001 Engineering Design Consultant 21
An
4.60 PROTEST PROCEDURE: Protest procedures are provided in the City of Boynton Beach
Purchasing Policy. Protests shall be submitted in writing, addressed to the Project Manager, via hand
delivery, or mail, along with a protest cash bond in an amount equal to 5% of the bid or $5,000, whichever
is less. The bond will be refunded to a protester if the protest is upheld. The protest must identify the
solicitation, specify the basis for the protest, and be received within the deadlines as follows:
A. If the protest relates to an Invitation to Bid, Request for Proposal or Request for
Qualifications, the protest shall be received prior to the bid submittal deadline date.
B. If the protest relates to any other matter relating to the bid, including, but not limited to, the
Award of an Agreement/contract, the protest must be received no later than seven (7)
regular business days after the date of notification of award.
Failure to file a protest as outlined in the City of Boynton Beach's Purchasing Policy shall constitute a
waiver of proceedings.
4.61 E -VERIFY - EMPLOYMENT ELIGIBILITY: Pursuant to Section 448.095, Florida Statutes, effective
January 1, 2021, Vendor, shall register with and use the E -verify system in order to verify the work
authorization status of all newly hired employees. Vendor shall registers and utilize the U.S. Department
of Homeland Security's E -Verify System to verify the employment ell t�ty of:
AA
A. All persons employed by a Vendor to pe►�r,�bf,AOO/employmi; duties within Florida during
the term of the agreement/contract;
7,1111111111
B. All persons (including sub -vend ors/s vendf�/sub-agreement/contractors) assigned
by the Vendor to perform work pursuant th;;agreement/contract with the BBCRA. The
Vendor acknowledges and agrees that r tion and use of the U.S. Department of
Homeland Security's E -Ven �'
y %gym dun g the term of the agreement/contract is a
condition of the agreement/con) ce BORA; and
C. The Vendor shall comply with th aro sior -Section 448.095, Fla. Stat., "Employment
Eligibility," as amended,,,��am tlmme. This includes, but is not limited to registration
and utilization of tO/e/ Ve y Syst fq to verify the work authorization status of all newly
hired employee�� lie vendor shallo require all subcontractors to provide an affidavit
attesting that th �� be 6 t"oe§ not employ, contract with, or subcontract with, an
unauthorized alien Vendor s(iall maintain a copy of such affidavit for the duration of
the a� I,k`bM!1�ontr of Failure to comply will lead to termination of this
Agree„l nt/controtx or 1�subcontractor knowingly violates the statute, the subcontract
museterminate dnmedlately. Any challenge to termination under this provision must
�
be filed ib the Clrcu�tt Court no later than twenty (20) calendar days after the date of
terminate Terms ation of this Agreement/contract under this Section is not a breach of
agreement t, t and may not be considered as such. If this agreement/contract is
terminated for�wiolation of the statute by the Vendor, the Vendor may not be awarded
a public agreement/contract for a period of one (1) year after the date of termination.
4.62 PRICING:
A. Prices offered must be the price for new merchandise and free from defects.
B. The price offered must be in accordance with the agreement/contract. Vendor warrants
that prices shall remain firm for the initial and any subsequent term unless modified by
the BBCRA and vendor.
C. If a sole source procurement or a procurement where there is no competition, profit must
be negotiated as a separate element of price.
4.63 NON-EXCLUSIVE: As may be applicable, the BBCRA reserves the right to acquire some or all of
these goods and services through a State of Florida agreement/contract under the provisions of Section
287.042, Florida Statutes, provided the State of Florida agreement/contract offers a lower price for the same
goods and services. This reservation applies both to the initial award of this solicitation and to acquisition
after an agreement/contract may be awarded. Additionally, the BBCRA reserves the right to award other
RFQ No. 25-001 Engineering Design Consultant 22
An
agreements/contracts for goods and services falling within the scope of this solicitation and resultant
agreement/contract when the specifications differ from this solicitation or resultant agreement/contract, or
for goods and services specified in this solicitation when the scope substantially differs from this solicitation
or resultant agreement/contract.
4.64 ADDITIONAL QUANTITIES: The BBCRA reserves the right to release or acquire additional
quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not
acceptable, the bid sheets must be noted: "BID IS FOR SPECIFIED QUANTITY ONLY".
4.65 ALTERNATES: Where a base bid is provided for, the Vendor shall submit a bid on the base bid
and may exercise their own prerogative in submitting a bid on alternate items. The BBCRA reserves the
right to accept or reject the alternates or base bid or any combination thereof. The BBCRA, or a
representative, further reserves the unqualified right to determine whether any particular item or items of
material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision
regarding the approval or rejection of the same.
4.66 PERFORMANCE DURING EMERGENCY: The vendor agree%and promises that immediately
preceding, during, and after a public emergency, disaster, hurricane tibd, or act of God, BBCRA shall be
given "first priority" for all goods and/or services under the agr Zcontract. The vendor agrees to
provide all goods and/or services to BBCRA immediately precede g, duhn, , and after a public emergency,
disaster, hurricane, flood, or act of God, at the terms, conditie, and price's provided in this solicitation
on a "first priority" basis. The vendor shall furnish a 24-hour gone number to f0/,,/BBCRA. Failure to provide
���� �,,.
the goods and/or services to the BBCRA on a first priority -1 irx ediately preceding, during, and after a
public emergency, disaster, hurricane, flood, or act of God,�hal�l constitute a breach of agreement/contract
and subject the vendor to sanctions from doing further busing „with the BBCRA.
4.67 SALES PROMOTIONS / PF
promotions occur during the term of
vendor shall extend to the BBCRA 1
item. Additionally, any time after am'
for the duration of the agreement
vendor's price(s) extended to its moi
quantities, or the current f1t11
/O/rr ii
pricing to one of its cust fers, the
market price, whichever ,Dower.
4.68 BUSINESS INFORMA
the Vendor shall, upon request
parties.
;E REDUCTN,r' INST FAVORED CUSTOMER: Should sales
j� remenitom ract that lower the price of the procured item, the
Pow64rlce 60ered by the manufacturer on any such promotional
the ndor m
ir4, offer a reduced price, which shall remain in effect
���i
a , � I ,`mor warrants that the price(s) shall not exceed the
be ed customer for the same or similar goods or services in similar
hichever is lower. In the event the vendor offers more favorable
Jor sboll extend to the BBCRA the same pricing or the then -current
f a vendor is a Joint Venture for the goods/services described herein,
BBCRA, provide a copy of the Joint Venture Agreement signed by all
4.69 DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible.
Deliveries are to be made during the normal working hours of the BBCRA. Time is of the essence and
delivery dates must be met. Should the vendor fail to deliver on or before the stated dates, the BBCRA
reserves the right to CANCEL the order or agreement/contract and make the purchase elsewhere. The
vendor shall be responsible for making any and all claims against carriers for missing or damaged items.
Delivered items shall not be considered "accepted" until an authorized agent for the BBCRA, by
inspection or test of such items, determined that they appear to fully comply with specifications. The
BBCRA may return, at the expense of the vendor and for full refund or credit at the discretion of the
BBCRA, any item(s) received which fail to meet the BBCRA's specifications or performance standards.
4.70 FEDERAL AND STATE TAX: The BBCRA is exempt from Federal and state taxes.
RFQ No. 25-001 Engineering Design Consultant 23
9
4.71 MISTAKES: Vendors are expected to examine the specifications, delivery schedule, bid prices,
extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the Vendor's
risk.
4.72 DISCOUNTS: This will be considered in determining the lowest net cost.
4.73 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as
a result of this bid shall be new (the current production model at the time of this bid). All containers shall be
suitable for storage or shipment, and all prices shall include standard commercial packaging.
4.74 DEFAULT AND TERMINATION FOR CAUSE: The BBCRA may, by written notice of default to the
vendor, terminate the agreement/contract in whole or in part if the vendor fails to satisfactorily perform any
provisions of this agreement/contract, or fails to make progress so as to endanger performance under the
terms and conditions of this agreement/contract, or provides repeated nonperformance, or does not remedy
such failure within a period of 30 calendar days after receipt of notice from the BBCRA specifying such
failure. In the event the BBCRA terminates the agreement/contract in whole or in part because of default of
the vendor, the BBCRA may procure goods and/or services similar to those terminated, and the vendor
shall be liable for any excess costs incurred due to this action.
If it is determined that the vendor was not in default or that telt was excusable (e.g., failure due
to causes beyond the control of, or without the fault or ngllgenj� f, the vendor), the rights and
obligations of the parties shall be those provided in Sec "Termina for Convenience".
9 P P ,
4.75 TERMINATION FOR CONVENIENCE: When ev�,re Int fists of the BBCRA so require, terminate
the agreement/contract, in whole or in part, for the convenlc✓�the BBCRA. BBCRA shall give fourteen
,
(14) business days prior written notice of termination tf vendor, specifying the portions of the
agreement/contract to be terminated and when. inatlo„to become effective. If only portions of
the agreement/contract are terminated, the vendd� hai�;nght icnrithdraw, without adverse action, from
the entire agreement/contract.
Unless directed differently in the note of rminat n, the vendor shall incur no further obligations in
����P-
connection with the terminated work and shall stop w,k to the extent specified and on the date given in
the notice of termination. Addition /y, unl err � `differently, the vendor shall terminate outstanding
6N
orders and/or subcontracts related toy% erminated work.
4.76 REMEDIES N�medy her* conred upon any party is intended to be exclusive of any other
remedy, and each andX such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder now or reafter exl§*g at law, or in equity, by statute or otherwise. No single or partial
exercise by any party of anv ht per, or remedy hereunder shall preclude any other or further exercise
thereof. ////iiiia�F
4.77 DELIVERY FOB: The F.O.B. point shall be the destination. If the BBCRA agrees, freight charges
may be prepaid by the vendor and listed on the invoice; however, the vendor retains title and assumes all
responsibility, liability, and risk in transit, and shall be responsible for the filing of claims for loss or damages.
4.78 AGREEMENT/CONTRACT: Vendor agrees that by submitting a bid, which is accepted by the
BBCRA, a binding agreement/contract is formed in accordance with the BBCRA's terms, conditions, and
specifications as set forth in the purchase order unless otherwise agreed by the BBCRA and the vendor.
The vendor certifies that the bid has been made by an officer or employee having the authority to bind the
vendor.
4.79 DELIVERIES: Deliveries are to be made Monday through Friday, excluding holidays, unless
otherwise stipulated.
4.80 QUANTITIES: Quantities specified in the agreement/contract cannot be changed without BBCRA
approval. Goods shipped in excess of the quantity designated may be returned at the vendor's expense.
RFQ No. 25-001 Engineering Design Consultant 24
Al
4.81 SAFETY DATA SHEETS (SDS): Any toxic substance provided to the BBCRA as a result of this
solicitation or resultant agreement/contract shall be accompanied by its SDS.
4.82 ENDORSEMENTS: No endorsements by the BBCRA of the goods and/or services will be used by
the vendor in any way, manner or form.
4.83 DRUG-FREE WORKPLACE: The Vendor shall implement and maintain a drug-free workplace
program of at least the following items:
A. 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.
B. Inform employees about the dangers of drug abuse in the workplace, the Vendor'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.
C. Give each employee engaged in providing the services hat are under agreement/contract
a copy of the statement specified in Item Number 1 a, 6.
D. In the statement specified in Item Number A ., ve, ;notify the employees that, as a
condition of providing the services that are up di= agreef �t/contract, the employee will
abide by the terms of the statement and will �16tify the Vend`�f any conviction of, or plea
of guilty or nolo contendere to, any viol*O/ of apter 89i%Florida Statutes, or of any
controlled substance law of the United
%sAHfi;1r
sy state for a violation occurring in the
workplace no later than five (5) calendar such conviction or plea.
E. Impose a sanction on, or requlr ° tisfactory Icipation in a drug abuse assistance or
rehabilitation program if such is a�allab4jnhe err loyee, s community, for any employee
who is so convicted or so pleads
F. Make a good faithort t/w,contir to maintain a drug-free workplace through the
iii
implementation of //S ion 26/77/.087, P{ ida Statutes
4.84 BONDING (FOR CONSTRU0/T (�(PROJ S OVER $100.00) Except to the extent determined
otherwise in writing, the v//e,, qpmagreftW,to comply with the following bonding provisions, as may be
applicable.
For all Construction vendor agrees to provide bid guarantee, contract performance,
and payment bonds as;,f ed by Section 255.05, Florida Statutes and provided by Federal
regulations, to the extent determined adequate in writing, and follow any other construction bonding
provisions in Federal directives, except to the extent determines otherwise in writing.
A. Bid Guarantee - A bid guarantee from each vendor equivalent to 5 percent of the bid price.
The 'bid guarantee' shall consist of a firm commitment such as a bid bond, certified check,
or other negotiable instrument accompanying a bid as assurance that the Vendor will honor
its bid upon acceptance of his bid.
B. Performance Bond - A performance bond on the part of the vendor for 100 percent of the
contract price. A 'performance bond' is one executed in connection with a contract to
secure the fulfillment of all the vendor's obligations under such contract.
C. Payment Bond -A 'payment bond' is one executed in connection with a contract to assure
payment as required by law of all people supplying labor and material in the execution of
the work provided for in the contract.
RFQ No. 25-001 Engineering Design Consultant 25
A4
4.85 FORCE MAJEURE: The agreement/contract which is awarded to the successful vendor may
provide that the performance of any act by the BBCRA or Vendor thereunder may be delayed or suspended
at any time while, but only so long as, either party is hindered in or prevented from the performance by acts
of God, pandemic, epidemic, emergency orders, the elements, war rebellion, strikes, lockouts or any cause
beyond the reasonable control of such party, provided, however, the BBCRA shall have the right to provide
substitute service from third parties or BBCRA forces and in such event, the BBCRA shall withhold payment
due to vendor for such period of time. If the condition of force majeure exceeds a period of 14 business
days the BBCRA may, at its option and discretion, cancel or renegotiate the agreement/contract.
4.86 RIGHTS IN DATA: Except if otherwise agreed to in writing, the BBCRA shall have exclusive
ownership of, all proprietary interest in, and the right to full and exclusive possession of all information,
materials and documents discovered or produced by vendor pursuant to the terms of this solicitation,
including but not limited to reports, memoranda or letters concerning the research and reporting tasks
required.
4.87 INSPECTION AND ACCEPTANCE: (a) The BBCRA has the
necessary, and accept the work products produced by the vendor. Suc
thirty (30) calendar days so as to not impede the work of the vendor A -
accepted as submitted if the BBCRA does not issue written com
i,,,,
thirty (30) calendar days from the date of receipt of such produbt frc
make any required corrections promptly at no additional chi r'and rE
the BBCRA within seven (7) business days of notificatlo�r a later
ice,
Failure by the vendor to proceed with reasonable prom�rtness t � "a
//WWW
default. If the vendor's submission of corrected work remarccep
resulting contract (or the task order involved) or reduce the ,ntraci
value of services received.
4.88
records, invoices, or vouchers, or
propriety of the charges. All chec
documents, pertaining in whole or
regularly accessible,
THE
right to review, require correction, if
�View(s) shall be carried out within
product of work shall be deemed
and/or required corrections within
thj vendor. (b) The vendor shall
turn t(revised copy of the product to
ate if e nded by the BBCRA. (c)
;e necessary corrections shall be a
able, the BBCRA may terminate the
price or cost to reflect the reduced
v Iiii,costs s i ll"be supported by properly executed payrolls, time
offi8W docu� ntatlon evidencing in proper detail the nature and
yro� Involcef contracts, vouchers, orders or other accounting
�
_!tJ g contract/agreement, shall be clearly identified and
RFQ No. 25-001 Engineering Design Consultant
AGE WAS LEFT BLANK INTENTIONALLY
26
412
YNT
BEAC
SECTION 4.0 A - REQUIRED FEDERAL CONTRACTING PROVISIONS
Unless otherwise agreed to by the Boynton Beach Community Redevelopment Agency ("BBCRA"), the
following Standard Terms and Conditions are applicable to this solicitation and the resulting
agreement/contract which may be paid for or reimbursed with federal funds. The term "vendor" as used
below may collectively apply to vendors, bidders, proposers, consultants, contractors, sub -consultants, and
sub -contractors. Notwithstanding anything to the contrary set forth herein, vendor shall comply with all
applicable federally required standard provisions whether set forth herein below, in 2 CFR Part 200, or
otherwise. Notwithstanindg anything to the contrary in this RFP pacakge, BBCRA shall comply with the
Procurement Standards set forth in 2 CFR 200.318-327.
Part A: Required Contract Provisions for All FEMA Re//c ontracts
1. EQUAL EMPLOYMENT OPPORTUNITY:
During the performance of this contract, the co#tfactor//
/a es as follows:
A. The CONSULTANT/CONTRACT(?/ tl not discriminate against any employee
ii�������r iii
or applicant for employment because# r, e, cold/ eligion, sex, sexual orientation, gender
identity, or national origin. TheOC�TAN I/CONTRACTOR/VENDOR will take
ii/
affirmative action to ensure that ap*an rare L'smployed, and that employees are treated
during employment, wit duto and tt Meir race, color, religion, sex, sexual orientation,
gender identity, or #llnal o�J in Soh action shall include, but not be limited to the
�����
following: Employ et, upg ad�rug, d6�otion, or transfer, recruitment or recruitment
advertising layoff ort , ion r �, bI pay or other forms of compensation; and selection
for traininuinrenticeship. The CONSULTANT/CONTRACTOR/VENDOR
agrees to,sf` "ifs%nsj5�us places, available to employees and applicants for
employnm) notices {e e pri ded by the contracting officer setting forth the provisions of
this non.dlriminatlon ceruse.
B. The CONSULTVjr9,t//////or
NTRACTOR/VENDOR will, in all solicitations or advertisements for
employees placed on behalf of the CONSULTANT/CONTRACTOR/VENDOR, state
that all qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, sexual orientation, gender identity, or national origin.
C. The CONSULTANT/CONTRACTORIVEN DOR will not discharge or in any other manner
discriminate against any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to instances in
which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation
of such other employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the
CONSULTANT/CONTRACTOR/VENDOR's legal duty to furnish information.
D. The CONSULTANT/CONTRACTOR/VENDOR will send to each labor union or
representative of workers with which it has a collective bargaining agreement or other
RFQ No. 25-001 Engineering Design Consultant 27
Al
contract or understanding, a notice to be provided by the agency contracting officer,
advising the labor union or workers' representative of the
CONSULTANT/CONTRACTOR/VENDOR's commitments under section 202 of Executive
Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
E. The CONSULTANT/CONTRACTOR/VENDOR will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of
the Secretary of Labor.
F. The CONSULTANT/CONTRACTOR/VENDOR will furnish all information and reports
required by Executive Order 11246 of September 24, 1965, and bythe rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the contracting agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
G. In the event of the CONSULTANT/CONTRACTOR/VENDOR's non-compliance with the
nondiscrimination clauses of this contract or with any ofh rules, regulations, or orders,
this contract may be canceled, terminated or susp /100 ed in whole or in part and the
CONSULTANT/CONTRACTOR/VENDOR mayclared ineligible for further
,
Government contracts in accordance with procedures au zed in Executive Order 11246
of September 24, 1965, and such other sancti �At may be el ' osed and remedies invoked
as provided in Executive Order 11246 of Member 24, 191... r by rule, regulation, or
order of the Secretary of Labor, or as oth j is
pried by law
H. The CONSULTANT/CONTRACTOR/VENDOR"w) Include the provisions of paragraphs (a)
through (h) in every subcontract ol�,411111sJulrase ordd nless exempted by rules, regulations,
or orders of the Secretary of Labor rued Meant section 204 of Executive Order 11246
o,
of September 24, 1965 so that uc�rrYvitons will be binding upon each sub-
��'
CONSULTANT/CONTRP �/ /VEND The CONSULTANT/CONTRACTOR/VENDOR
iirr1
will take such action ;# to ariisubcontract or purchase order as may be directed
by the Secretary of/Id/ r as j=means eit%enforcing such provisions including sanctions for
noncompliance: I&
Provided, �'6"vA& hat ; the event the CONSULTANT/CONTRACTOR/VENDOR
become n v o I v e d 'f n, V'r is threatened with, litigation with a sub-
CONSULT/CONTFiCTOR/VENDOR as a result of such direction, the
CONSULT 6T/CONTICTOR/VENDOR may request the United States to enter into such
litigation to pr6 ttt�� terests of the United States.
iiia,
The BBCRA further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted
construction work: Provided, that if the BBCRA so participating is a state or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on or
under the contract.
The BBCRA agrees that it will assist and cooperate actively with the administering agency
and the Secretary of Labor in obtaining the compliance of contractors and subcontractors
with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor
such information as they may require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance.
The BBCRA further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
RFQ No. 25-001 Engineering Design Consultant 28
A4
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the Secretary
of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the BBCRA
agrees that if it fails or refuses to comply with these undertakings, the administering agency
may take any or all of the following actions: Cancel, terminate, or suspend in whole or in
part this grant (contract, loan, insurance, guarantee); refrain from extending any further
assistance to the applicant under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from such
applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
2. ACCESS TO RECORDS:
The CON SULTANT/CONTRACTORNENDOR agrees to provide the BBCRA, the FEMA
Administrator, the Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the Contractor which are
directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and
transcriptions. The CONSULTANT/CONTRACTOR/VENDOR agrees to permit any of the foregoing
parties to reproduce by any means whatsoever or to co ��,F� xcerpts and transcriptions as
reasonably needed. The CONSULTANT/CONTRACTOR/V(�(DOR agrees to provide the FEMA
ilii,
Administrator or his authorized representatives access to �hstrUttion or other work sites pertaining
to the work being completed under the contract.
3. DHS SEAL, LOGO, AND FLAGS
The CONSULTANT/CONTRACTOR/VENDOR st onll
written permission from DHS prior to
using the DHS seals, logos, crests, or reproductlons�"fags, or likenesses of DHS agency officials.
This includes use of DHS component (e q/ MA, CI � tc.) seals, logos, crests, or reproductions
of flags, or likenesses of component off lctls 1111,,,,
4. COMPLIANCE WITH FEDERAL LA 11
REGULATIONS, and EXECUTIVE ORDERS
This is an acknowledgment theEE1A flnarial assistance will be used only to fund the services
���i
requested. The CONSUL7A T/CON RACT /VENDOR will comply with all applicable federal
law, regulations, executivdWoors,�gf,,, cies, procedures, and directives.
5. NO OBLIGATI�1111`�HE FEDERAL GOVERNMENT
,1 x,,,.
The Federal C�.,rnment l i of a arty to this Solicitation/Contract and is not subject to any
obligations or Ilbb"alities to the nen-Federal entity, CONSULTANT/CONTRACTOR/VENDOR, or any
other party pertalfl to any atter resulting from the Solicitation/Contract.
6. FRAUD and FALSE`I RAUDULENT OR RELATED ACTS
The CONSULTANT/CONTRACTOR/VENDOR acknowledges that 31 U.S.C. Chapter 38
(Administrative Remedies for False Claims and Statements) applies to the
CONSULTANT/CONTRACTORNENDORs actions pertaining to this solicitation/contract.
7. SUBCONTRACTS
The selected firm must require compliance with all federal requirements of all sub-
CONSULTANT/CONTRACTORNENDORs performing work for Prime
CONSULTANT/CONTRACTORNENDOR under this Agreement, by including these federal
requirements in all contracts with sub-CONSULTANT/CONTRACTOR/VENDORs.
8. CONFLICT OF INTEREST
No employee, officer, or agent may participate in the selection, award, or administration of a
contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such
a conflict of interest would arise when the employee, officers, or agent, any member of his or her
immediate family, his or her partner, or an organization which employs or is about to employ any
of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from
a firm considered for a contract. The officers, employees, and agents of the non -Federal entity must
RFQ No. 25-001 Engineering Design Consultant 29
Al
neither solicit nor accept gratuities, favors, or anything of monetary value from
CONSULTANT/CONTRACTOR/VENDORs or parties to subcontracts.
9. SMALL AND MINORITY BUSINESS, WOMEN'S BUSINESS ENTERPRISES, AND
LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321(b))
CONSULTANT/CONTRACTOR/VENDOR shall, at a minimum, take the following five "affirmative
steps" to assure that minority firms, small businesses, women's business enterprises, and Labor Surplus
Area firms are used when possible:
a. Place qualified small and minority businesses and women's business enterprises on solicitation
lists.
b. Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources.
c. Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce.
d. Dividing total requirements, when economically feasibleI#ff6 smaller tasks or quantities to
permit maximum participation by small and minorityj sses, and women's business
enterprises.
e. Establishing delivery schedules, where ,;, d thequirement 'mits, which encourage
iirr�
participation by small and minority businesses/wo�n's buslnb$8 enterprises.
10. DOMESTIC PREFERENCES FOR PR
As appropriate and to the greatest extent'
the greatest extent practicable under its
goods, products or materials produced
aluminum, steel, cement and�ar rnu
be included in all subaward hcludln all
fir
this award. 2 C.F.R. § 200432, als lr
and "manufactured products��states
11. PROHIB
(2 C.F.R. § 200.322)
t with 1, state and non -state entities should, to
,provide a preference for the purchase of
lnited States (including but not limited to iron,
J products). The requirements of this section must
:ts and purchase orders for work or products under
cific definitions for "Produced in the United States"
review.
FOR COVERED TELECOMMUNICATIONS
OR SERVICE&2 C.F.R. § 5;00.216)
(a) Definitions. BusedThis clause, the terms backhaul; covered foreign country;
MEW
covered telecommut tl equipment or services; interconnection arrangements; roaming;
CRAW/
substantial or essentieR bmponent; and telecommunications equipment or services have the
meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for
Covered Telecommunications Equipment or Services (Interim), as used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019,
Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after
Aug. 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee
funds on certain telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors
may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal
Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology of any system;
RFQ No. 25-001 Engineering Design Consultant 30
Al
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service
that uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument,
any equipment, system, or service that uses covered telecommunications equipment or services
as a substantial or essential component of any system, or as critical technology as part of any
system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third-party%Isuch as backhaul, roaming, or
interconnection arrangements; or Contract Provisions Guide'
(ii) Telecommunications equipment that cannot route or r31rectr data traffic or permit visibility
,
into any user data or packets that such equipment tr amits or ofhwise handles.
(2) By necessary Implication and regulation, they bhlbltlY' also do not apply to:
(i) Covered telecommunications equipment or
i. Are not used as a substantial or
ii. Are not used as critical tech q
(ii) Other telecommunica ns
telecommunications equip t of
(d) Reporting requj�r,/ffi,
(1) In the event/ e contractc
as a substantial"ot��ssentlal
system, during contit pert
tier or by any other s1
clause to the recipient or ibr
for reporting the information.
system; and
of
ment «r services that are not considered covered
;identifies covered telecommunications equipment or services used
mponent of any system, or as critical technology as part of any
fiance, or the contractor is notified of such by a subcontractor at any
e contractor shall report the information in paragraph (d)(2) of this
cipient, unless elsewhere in this contractare established procedures
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number;
the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);
supplier Commercial and Government Entity (CAGE) code (if known); brand; model number
(original equipment manufacturer number, manufacturer part number, or wholesaler number); item
description; and any readily available information about mitigation actions undertaken or
recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any
further available information about mitigation actions undertaken or recommended. In addition, the
contractor shall describe the efforts it undertook to prevent use or submission of covered
telecommunications equipment or services, and any additional efforts that will be incorporated to
prevent future use or submission of covered telecommunications equipment or services.
RFQ No. 25-001 Engineering Design Consultant 31
417
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph
(e), in all subcontracts and other contractual instruments.
Part B: Additional Required Contract Provisions for FEMA Recipient Contracts OVER
$10K
12. TERMINATION FOR CAUSE AND/OR CONVENIENCE:
A. The BBCRA, by written notice to the CONSULTANT/CONTRACTOR/VENDOR, may
terminate this Agreement with or without cause (for convenience), in whole or in part, when
the BBCRA determines in its sole discretion that it is in the B13CRA's best interest to do so.
In the event of termination the CON SULTANT/CONTRACTORNEN DOR will not incur any
new obligations for the terminated portion of the Agreement after the
CONSULTANT/CONTRACTORNENDOR has received notification of termination.
B. If the Agreement is terminated before performance is completed, the
CONSULTANT/CONTRACTORNENDOR shall be paid only for that work satisfactorily
performed for which costs can be substantiated. Such payment, however, may not exceed
an amount that is the same percentage of the Agreement price as the amount of work
satisfactorily completed is a percentage of the totVIvwg'
r called for by this Agreement. All
work in progress shall become the property ofBBCRA and shall be turned over
promptly by the CONSULTANT/CONTRACTOR/>ifNC
13. RECOVERED MATERIALS j
A. In the performance of this contract, th ON TANT/COf�TRACTOR/VENDOR shall
make maximum use of products contaln�� reg ered material that are EPA -designated
r
items unless the product cannot be acqulrel,g-;
B. Information about this requiremit Isj/'re EPA°S Comprehensive Procurement
Guidelines web site, httww.e . C / The list of EPA- designate items is available
at fItLIu://www.er)a.ciov,,/ o/�ducts
/.`
C. The CONSULTAIq1ONT � Oi ,VENDOR should, to the greatest extent practicable
and consistent with Ifriv, purchase, acquire, or use products and services that can be
/i„
reused, rerifd or cled; contain recycled content, are biobased, or are energy and
water effi, lent; andre sutinable.
Part C: Additional l quired/C ntract Provisions for FEMA Recipient Contracts OVER
$25K
14. SUSPENSION AND DEBARMENT
A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.
3000. As such the CONSULTANT/CONTRACTOR/VENDOR is required to verify that none
of the CONSULTANT/CONTRACTOR/VENDOR, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.
§ 180.940) or disqualified (defined at 2 C.F.R. §180.935).
B. The CONSULTANT/CONTRACTOR/VENDOR must comply with 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these
regulations in any lower tier covered transaction it enters into.
C. This certification is a material representation of fact relied upon by the awarded
CONSULTANT/CONTRACTOR/VENDOR. If it is later determined that the
CONSULTANT/CONTRACTOR/VENDOR did not comply with 2 C.F.R. pt.180, subpart C
and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the BBCRA, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment.
RFQ No. 25-001 Engineering Design Consultant 32
Al
D. The CONSULTANT/CONTRACTOR/VENDOR agrees to comply with the requirements of
2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder or proposer
further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
Part D: Additional Required Contract Provisions for FEMA Recipient Contracts OVER
$100K
15. CONTRACT WORK HOURS & SAFETY STANDARDS (40 U.S.C. 3701-3708)
A. Required contract provision 15 applies to all procurements over $100,000 that involve the
employment of mechanics, laborers, and construction work.
B. 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 n Mess than one and one-half times
� /k
the basic rate of pay for all hours worked in excess cff�y hours in such workweek.
C. Violation; liability for unpaid wages; liquidated d
clause set forth in paragraph (1) of this sit
responsible therefor shall be liable for they
subcontractor shall be liable to the Unite,tate
for the District of Columbia or a territory�1a uc
damages. Such liquidated damages shall
laborer or mechanic, including watchmen an
set forth in paragraph (1) of this ectl+d, fn the
such individual was required or p rmltte
forty hours without payment of Rime """I
paragraph (1) of this s�tieir,
3rf4Xges n the event of any violation of the
on the cbffl;actor and any subcontractor
id wages. In," 11'' such contractor and
s(fn, the case cif work done under contract
ystrict or to such territory), for liquidated
lomputed with respect to each individual
Igards, employed in violation of the clause
hof $10 for each calendar day on which
)rk'in excess of the standard workweek of
ages required by the clause set forth in
D. Withholding for unpaid w and lic�'11dated damages. The BBCRA shall upon its own
..
action or upon written fest o aat�11authorized representative of the Department of Labor
withhold or/RP,�:to b Withheld from the contractor so much of the accrued payments or
/�,
advanc may conslred necessary to satisfy the liabilities of the prime contractor
orany2J bcontract, for y unpaid wages; monetary relief, including interest; and
liquldatiii ,lidamages rewired by the clauses set forth in this paragraph (b) on this contract,
any other f ral co tract with the same prime contractor, or any other federally assisted
contract sub*,tjofl. Contract Work Hours and Safety Standards Act that is held by the
same prime cofW ctor (as defined in § 5.2). The necessary funds may be withheld from
the contractor under this contract, any other federal contract with the same prime
contractor, or any other federally assisted contract that is subject to the Contract Work
Hours and Safety Standards Act and is held by the same prime contractor, regardless of
whether the other contract was awarded or assisted by the same agency, and such funds
may be used to satisfy the contractor liability for which the funds were withheld.
E. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in paragraph (1) through (5) 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 (5) of this section. In the event of any
violations of these clauses, the prime contractor, and any subcontractor(s) responsible will
be liable for any unpaid wages and monetary relief, including interest from the date of the
underpayment or loss, due to any workers of lower -tier subcontractors, and associated
liquidated damages and may be subject to debarment, as appropriate.
RFQ No. 25-001 Engineering Design Consultant 33
9
F. Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten,
restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause
any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass,
or in any other manner discriminate against, any worker or job applicant for (i) Notifying
any contractor of any conduct which the worker reasonably believes constitutes a violation
of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing
regulations in this section; (ii) Filing any complaint, initiating, or causing to be initiated any
proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others
any right or protection under CWHSSA or this part; (iii) Cooperating in any investigation or
other compliance action, or testifying in any proceeding under CWHSSA or this section; or
(iv) Informing any other person about their rights under CWHSSA or this section.
16. BYRD ANTI -LOBBYING AMENDMENT
CONSULTANT/CONTRACTORNENDORs who apply or bid for an award of $100,000 or more
shall file the required certification. Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in conn cti
���� on with obtaining any Federal
contract, grant, or any other award covered by 31 U.S.C. § 13 'Each tier shall also disclose any
lobbying with nonfederal funds that takes place in connecj with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to t/��SRA who in turn will forward the
certifications to the federal agency..
Part E: Additional Required Contract
$150
17. CLEAN AIR ACT
A. The contractor agrees to comply
pursuant to the Clean Air Act, as
Contracts OVER
dstandards, orders or regulations issued
.S.C. § 7401 et seq.
B. The contractor agre to rep tt eac[f elation to the FEMA and the Regional Office of the
Environmental Prction �Ay an 'understands and agrees that the FEMA and the
Regional Office of th�q ron 6r[0rotection Agency will, in turn, report each violation as
177
required to asa no6rN tion to the BBCRA, Federal Emergency Management Agency,
and the ropn���nvlr`bjnental Protection Agency Regional Office.
C. The col! for agrees; to include these requirements in each subcontract exceeding
$150,000 fidj ced Indole or in part with Federal assistance provided by FEMA.
18. FEDERAL WATER POLLUTION CONTROL ACT
A. The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
B. The contractor agrees to report each violation to the FEMA and the Regional Office of the
Environmental Protection Agency and understands and agrees that the FEMA and the
Regional Office of the Environmental Protection Agency will, in turn, report each violation
as required to assure notification to the BBCRA, Federal Emergency Management Agency,
and the appropriate Environmental Protection Agency Regional Office.
C. The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
RFQ No. 25-001 Engineering Design Consultant 34
Al
Part F: Additional Required Contract Provisions for FEMA Recipient Contracts OVER
$250K
19. REMEDIES
A. In the event the CONSULTANT/CONTRACTOR/VENDOR fails to satisfactorily perform or
has failed to adhere to the terms and conditions under this Agreement, the BBCRA may,
upon fifteen (15) calendar days written notice to the
CONSULTANT/CONTRACTOR/VENDOR and upon the
CONSULTANT/CONTRACTOR/VENDOR's failure to cure within those fifteen (15)
calendar days, exercise any one or more of the following remedies, either concurrently or
consecutively:
i. Withhold or suspend payment of all or any part of a request for payment.
ii. Require that the CONSULTANT/CONTRACTOR/VENDOR refund to the BBCRA
any monies used for ineligible purposes unde e laws, rules and regulations
governing the use of these funds.
iii. Exercise any corrective or remedial
iv. Requesting additional
CONSULTANT/CONTRACTOF
extent of non-compliance or lac
v. Issuing a written warni
the situation is not con
IN
se th
to"include but not be limited to:
)rmatioriV from the
to determine the reasons for or the
ince;
serious measures may be taken if
vi. Advising the Tii 15 LTAN'f'�fvONTRACTOR/VENDOR to suspend, discontinue
or refrain frgr �ur ,'ftg costs for any activities in question; or
Ier"T
/w/w//iiia
vii. Requiring Sflf ANT/CONTRACTOR/VENDOR to reimburse the
BBQf0 fpr thN ount of costs incurred for any items determined to be ineligible.
20. OTHER REM ;CIES AND(RIGHTS:
A. Pursuin of the "" "ove remedies will not keep the BBCRA from pursuing any other
rights or re,ies ch may be otherwise available under law or in equity. If the BBCRA
��/
waives any rl{7 / emedy in this Agreement or fails to insist on strict performance by the
CONSULTANTRACTOR/VENDOR, it will not affect, extend or waive any other right
or remedy of the BBCRA, or affect the later exercise of the same right or remedy by the
BBCRA for any other default by the CONSULTANT/CONTRACTOR/VENDOR.
B. Unless otherwise provided by the Contract, all claims, counter -claims, disputes and other
matters in question between the Owner and the CONSULTANT/CONTRACTOR/VENDOR
arising out of or relating to the Agreement between the parties, or the breach of it, that
cannot be resolved by and between the parties after conferring in good faith, will be decided
by a court of competent jurisdiction pursuant to Florida law. If such dispute is instate court,
venue shall be in the Fifteenth Judicial Circuit Court in and for Palm County, Florida. If in
federal court, venue shall be in the U.S. District Court for the Southern District of Florida.
RFQ No. 25-001 Engineering Design Consultant 35
421
Part G: Additional Required Contract Provisions for FEMA Recipient Construction
Contracts (regardless of amount)
21. DAVIS-BACON REQUIREMENTS
1. Minimum Wages
(i) 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 the Secretary of Labor under the Copeland Act (29 CFR Part
3)), the full amount of wages and bona fide fringe benefits (or cash equivalent 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 fringj enefits under section 1(b)(2) of
the Davis -Bacon Act on behalf of laborers or mechanics are consid wages paid to such laborers or
mechanics, subject to the provisions of paragraph (1 )(iv) of this S idn; also, regular contributions made
or costs incurred for more than a weekly period (but not less oft thabuarterly) under plans, funds, or
programs which cover the particular weekly period, are deg/Mged to Y/2,
to made or incurred
,
during such weekly period. Such laborers and mechanics s sll be paid the a pto riate wage rate and fringe
benefits on the wage determination for the classificationiiiork act ally performed, without regard to skill,
except as provided in 29 CFR Part 5.5(a)(4). Laborers 'e mecics performing work in more than one
classification may be compensated at the rate specified forlr classification for the time actually worked
therein: Provided that the employer's payroll/////,,eords accdtely set forth the time spent in each
classification in which work is performed. The wre d,trmin(including any additional classification
and wage rates conformed under (1)(ii) of this s (ion) e,. C'avis-Bacon poster (WH -1321) shall be
posted at all times by the Contractor and, its sub////cx� ors the site of the work in a prominent and
accessible place where it can easily b#/ day the irkers.
(ii)(A) The contracting officer shall/r�uire t/ aoy clas'of laborers or mechanics, including helpers, which
is not listed in the wage determinatlor�i'�� �wh ch r'"e employed under the contract shall be classified in
conformance with the wage,determinA The contracting officer shall approve an additional classification
and wage rate and fringe efits t eTow,,✓my when the following criteria have been met:
(1) The work tic performedy th/ � lassification requested is not performed by a classification in
for
the wage deter ttlon,
(2) The classificatlolt Is utlllz In the area by the construction industry; and
(3) The proposee, including any bona fide fringe benefits, bears a reasonable
relationship to the waes contained in the wage determination.
(B) 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.
(C) 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 Administrator for determination. The Administrator, or an authorized representative, will issue a
determination 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.
RFQ No. 25-001 Engineering Design Consultant 36
422
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs
(1)(ii) (B) or (C) of this paragraph, 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.
(iii) 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.
(iv) 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 Federal Emergency Management Agency or the sponsor shall 4p its own action or upon written
request of an authorized representative of the Department of Labor old or cause to be withheld from
the Contractor under this contract or any other Federal contract e same prime contractor, or any
other federally -assisted contract subject to Davis -Bacon preva lirl age uirements, which is held by the
same prime contractor, so much of the accrued paymentsvances a%►aay be considered necessary
to pay laborers and mechanics, including apprentices, traiolielllsll, and helpersmployed by the Contractor
or any subcontractor the full amount of wages required the ract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee orIemployed or working on the site of work,
i
all or part of the wages required by the contract the Federd emergency Management Agency may, after
iii
written notice to the Contractor, Sponsor, Appll " , far Owner �� e such action as may be necessary to
cause the suspension of any further payment auaree of funds until such violations have
ceased................
3.
3. Payrolls and Basic Records.
(i) Payrolls and basic records rely htJ then si all -maintained by the Contractor during the course of
the work and preserved for a period ree years'f reafter for all laborers and mechanics working at the
o,
site of the work. Such re r � t cll cont", n the name, address, and social security number of each such
//iii �/ i /i
worker; his or her corre assificafrt� houPJ rates of wages paid (including rates of contributions or costs
anticipated for bona fid��inge bene*or cash equivalents thereof of the types described in 1(b)(2)(B) of
the Davis -Bacon Act), date/ and weekly,/,,,/,,',,'- umber of hours worked; deductions made; and actual wages paid.
Whenever the Secretary ofib1 or h ,found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
���
mechanic include the amount i , costs reasonably anticipated in providing benefits under a plan or
program described in section 1 ft( )(B) of the Davis -Bacon Act, the Contractor shall maintain records that
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 that show the costs anticipated or the actual costs 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.
(ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of
all payrolls to the Federal Emergency Management Agency if the agency is a party to the contract, but if
the agency is not such a party, the Contractor will submit the payrolls to the applicant, Sponsor, or Owner,
as the case may be, for transmission to the Federal Emergency Management 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 www.dol.gov/whd/forms/wh347instr.htm or its
RFQ No. 25-001 Engineering Design Consultant 37
Al
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 Federal Emergency
Management Agency if the agency is a party to the contract, but if the agency is not such a party, the
Contractor will submit them to the applicant, sponsor, or Owner, as the case may be, for transmission to
the Federal Emergency Management Agency, the Contractor, 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 sponsoring government agency (or the applicant, Sponsor, or Owner).
(B) 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:
(1) The payroll for the payroll period contains the information required to be provided under 29 CFR
§ 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and
that such information is correct and complete;
(2) Each laborer and mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly/es earned, without rebate, either
directly or indirectly, and that no deductions have been magi yIther directly or indirectly from the
full wages earned, other than permissible deductions as s t44,b in Regulations 29 CFR Part 3;
ii o
(3) Each laborer or mechanic has been paid not less th the,04d� licable wage rates and fringe
benefits or cash equivalents for the classification of wok perform9-as specified in the applicable
wage determination incorporated into the contract?PPF/
(C) The weekly submission of a properly executed certlfrtl� ;het forth on the reverse side of Optional
Form WH -347 shall satisfy the requirement for submission tfie "Statement of Compliance" required by
paragraph (3)(ii)(B) of this section. �...�...
(D) The falsification of any of the above certificatla���,�ectle Contractor or subcontractor to civil or
��� f
criminal prosecution under Section 1001 of Title 1 c9;nd r 31 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor sJ1W1I m +e the h�ords required under paragraph (3)(i) of this section
available for inspection, copying, off' banscnptt n by a�ifliorized representatives of the sponsor, the Federal
Emergency ManagementAgency qrp th/ije � �of Labor and shall permit such representatives to
interview employees during working frt on the Job. If the Contractor or subcontractor fails to submit the
required records or to mai, t � II the Federal agency may, after written notice to the Contractor,
Sponsor, applicant, or O er, take so acts as maybe necessary to cause the suspension of any further
payment, advance, or ga antee os. Furthermore, failure to submit the required records upon request
or to make such records Mable made grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. 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, Bureau
of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, 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 Bureau of Apprenticeship and Training 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
RFQ No. 25-001 Engineering Design Consultant 38
424
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 Bureau of Apprenticeship and
Training, or a State Apprenticeship Agency recognized by the Bureau, 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.
(ii) Trainees. 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, Ith the provisions of the trainee
ix
program. If the trainee program does not mention fringe benefits, train, es shall be paid the full amount of
fringe benefits listed on the wage determination unless the Admi d r of the Wage and Hour Division
determines that there is an apprenticeship program associated t h th erresponding journeyman wage
rate on the wage determination that provides for less than ful �ge benefitr apprentices. Any employee
listed on the payroll at a trainee rate that is not registered fidparticipating entraining plan approved by
the Employment and Training Administration shall bepi,�,not I�than the applicable wage rate on the
wage determination for the classification of work actuallfrrfed. In addition, any trainee performing
work on the job site in excess of the ratio permitted under�,registered program shall be paid not less
than the applicable wage rate on the wage deterain for thkork actually performed. In the event the
Employment and Training Administration withdra a( aI of aining program, the Contractor will no
longer be permitted to utilize trainees at less than t ap �fica16( Vredetermined rate for the work performed
until an acceptable program is a roved,,,,,,,,, WEAT/I
(iii) Equal Employment Opportune -The of zation t�,apprentices, trainees, and journeymen under this
part shall be in conformity with the � �aI pNe l j t", pportunity requirements of Executive Order 11246,
as amended, and 29 CFR Part
5. Compliance with Copw, d Act
The Contractor shall corf with the ( uirements of 29 CFR Part 3, which are incorporated by reference
in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part
5.5(a)(1) through (10) and such other clauses as the Federal Emergency Management Agency may by
appropriate instructions require, and also a clause requiring the subcontractors to include these clauses 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 Part 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section 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 5
are herein incorporated by reference in this contract.
RFQ No. 25-001 Engineering Design Consultant 39
Al
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.
(i) 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).
(ii) 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).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001
22. COPELAND "ANTI -KICKBACK" ACT
A. Contractor. The contractor shall comply with 18 U.S.0 874,40 U.S.C. § 3145, and the
,
requirements of 29 C.F.R. Part 3 as may be ap 1►able, which are incorporated by
reference into this contract.
B. Subcontracts. The contractor or subcontractor sell ills'pt in any subcontracts the clause
above and such other clauses as FEMA may/fix approprigjnstructions require, and also
a clause requiring the subcontractors include these Iauses in any lower tier
A
subcontracts. The prime contractor sfx Ir be
subcontractor or lower tier subcontractor1h a
Breach. A breach of the contract clauses
contra
5.12
RFQ No. 25-001 Engineering Design Consultant 40
i
onsible fc5r the compliance by any
these contract clauses.
may be grounds for termination of the
ibcontractor as provided in 29 C.F.R. §
Al
5.1
SECTION 5 — PROPOSAL SUBMISSION REQUIREMENTS
SUBMISSION OF PROPOSALS
A. General Requirements. The purpose of the Technical Proposal is to demonstrate the
qualifications, competence, and capacity of the Firms seeking to undertake the requirements
of this Request for Qualifications. As such, the substance of the Proposal will carry more weight
than its length, form, or manner of presentation. The Technical Proposal should demonstrate
the qualifications of the Firm and the particular staff to be assigned to his engagement. It
should also specify an approach that will meet or exceed the Request for Qualifications
requirements.
The selected Firms shall provide sufficient organization, per�onnel, and management to carry
%O//i
out the requirements of this RFQ in an expeditious andbnomical manner, consistent with
the needs of the BBCRA. Additionally, the selected Fir`v ib be required to demonstrate recent
%%%%/
experience with the successful completion of serviceimilar� hose specified within this RFQ.
B. Certification and Licenses. Proposers mu include with their''/roposals, a copy(ies) of all
applicable certificates, licensing, and busm�� °'°
pp g, ePerm�elated to the Work specified herein.
C. Detailed Proposal. The detailed Pposal sec{fdin'rs set forth in Section 5 of this Request for
iii
Qualifications shall be completed.
1. Letter of Interest
The Letter of Intere shall sW� marii"he Proposer's primary qualifications and the firm's
commitment to pr l/ ing ihstd services. Proposers shall provide a description of
the firm, including si* ,Ae of actwities, strength, stability, experience, honors, awards,
recognitions " rtic�r emphasis should be given as to how the (Firm's experience and
ex erti O%����"'�
p will be dir btly bl*icial to the BBCRA.
2. Firm's 061ifcations
a) Complete*0 "submit the Proposer's Qualification Statement, herein.
b) Describe the Firm and provide a statement identifying the services that would be
completed by your Firm's staff and those that would be provided by sub -consultants,
if any. In this section, it should clearly state the contact person, title, and contact
information.
c) Explain how your firm is financially capable of performing the functions of this Request
for Qualifications (RFQ).
1) Disclose all incidents of default on projects where your firm acted as the
primary Consultant and provide the current status of such incidents.
2) Provide proof of ability to provide requisite insurance.
d) If the Principal Place of Business is different than the location specified in the
Proposer's Qualification Statement, then the proposer shall specify the office location
where the project will be managed and produced.
3. Qualifications of Project Team, (key project members) and availability of specialty
resources.
4.
Provide an overview of the qualifications of the specific project consultant team to be
submitted by the Firm/Individual to perform the requested services including:
a) An organizational chart that clearly defines the lines of authority and specifically
lists the Client Service Manager, Consultant/Vendor Project Manager, and
Primary Project Professional. One individual may perform more than one role.
These project team members are hereafter referenced as "key project members".
b) Provide the names and roles of each professional to be assigned to this project,
including familiarity with projects of a similar nat e.
C) Provide the resumes for key individualspe�nnel that will be assigned to the
project including Project Managers nd' office krso/nnel outlining the relevant
RW
experience and education for this ct.
d) Identify sub -consultant firms that�l,b4�massigned to the project, key personnel
from these firms shall be clearly id'- ed. Proposers are to recognize that the
e) Availability to fort n wor load of the proposed Project Team including:
1. Current ject wok listin<� nd remaining labor commitments
2. Historic lty, d pica] number of projects handled by the Proposer's
key projers at any given time.
3/�f5j'r� world of consultant activities as defined in the scope of services.
f) "ANDARD FORM 330
address the Scope of Work/Services
Narrative of Proiect and Understandina of the Proiect Issues: Provide a narrative
demonstrating the Proposer's understanding of the scope of work/services, project goals,
requirements, objectives, challenges, the project delivery method, and how the Proposer
intends to ensure that the scope, budget, and schedule will be met. Consideration shall be
given for creativity and innovation of the proposed approach and the comprehensive
utilization of proposed personnel and equipment to meet deliverables.
Cost Effectiveness of Proposed Solutions: Provide a description of the Proposer's
approach to cost estimating during the various phases of the design (i.e. conceptual,
schematic, final, and construction documents). Indicate the methodology and estimating
system used in the preparation of estimates.
RFQ No. 25-001 Engineering Design Consultant 42
0
Discuss the cost-effectiveness of the proposed solutions, taking into account the expected
life of the equipment, capital costs, and operating and maintenance costs over the life of
the equipment.
Explain how the Proposer intends to meet the budgetary goals and timetables of the
Community Development Block Grant funds from the Florida Department of Commerce
(COM) [Florida Commerce, F.K.A. Florida Department of Economic Opportunity (DEO)]
include the following:
1. Implementation of conflict resolution methods
2. Description of schedule controls
3. Description of Change order controls
4. Description of permitting approach
Understanding of the construction to include: 1) who should be in control, 2) the main
purpose, and 3) who approves its utilization.
j
Provide examples of how your firm ensures that h roject stays within budget during
construction and what assurance is given that th estlmay be accurate or reliable.
Project Management Reporting: Providj explanation ow the firm proposes to
�
manage and report each aspect of the 'ect to0i/' lize budgetary goals, timetables, and
quality control objectives. ���////j�,,,,,�/��
The Project Approach and W�Yhk ,Plan shMj�emonstrate expertise and a clear
understanding of but is not limited`, sub Nas as:
5. References — Past,,, forma pe
Provide at least t /ire (3) �� t°eope_r`o" is related to federal grant -related contracts or
i%
agreements of slmllar1 pe and clSmplexity that the Proposer has completed or are in
progress las j (10) years which demonstrate the experience of the firm and
the tea ,;bat will bd*slg 01 to provide the services as required by this Project. A project
simila0 scope is d ined as a project, which includes some or all of the following
componerft:� j A Lev 2 Environmental Review and Engineering Design to upgrade
drainage, utlltfja0d roadway improvements.
For each reference project, provide the following information:
1) Client Name/Owner's Representative Name, Name of Agency, Email
Address, and Phone Number.
2) Name and location of the project. Description of the Scope of Work.
3) Role your company provided: Design Team, and/or General Contractor,
and/or other.
4) Date the project was completed or is anticipated to be completed.
5) Size of project (gross square feet of construction)
6) Original Owner Budget vs. Final Budget
7) Saving achieved through Value Engineering or other approaches
8) The total amount of approved change orders added to the original Budget
9) The dollar value and percentage performed by local subcontractors (of any
tier) and SBE subcontractors (of any tier).
10) Present status of the project.
RFQ No. 25-001 Engineering Design Consultant 43
9
The BBCRA is interested in learning about other firms' or government agencies'
experiences with your firm; as such, please do not list the Boynton Beach Community
Redevelopment Agency as a reference.
Contact persons must be informed that they are being used as a reference and that the
BBCRA or their designee will be contacting them for information. Selection Committee
Members or designee will email and or call each reference up to three (3) times. If there
is no answer after the third attempt, the BBCRA will apply no points toward the evaluation
criteria.
*Note the BBCRA will not attempt to correct any of the supplied contact information,
it is the responsibility of the Proposer to supply correct reference contact
information.
6. Submittal of General Information and Procurement Forms and Documents
Proposals/Bids may be found to be non-responslv,/ the proposer fails to provide the
information requested in the RFQ; fails to utilize �lete the required forms; provides
i���rr �/ice
incomplete, indefinite, or ambiguous response mails to "amply with applicable deadlines;
provide improper or undated si natures; or iii.°�"
pg failde informaj that is false, misleading, or
exaggerated. 111,diesrell!,
Adorr
Procurement forms must be completed sig ;,, otanzed, uploaded, and or acknowledged
when required and submitted. In addition, all- er requests and supporting documentation
shall be included for your submit f tom;/be compV�j/d and accepted.
%//////j ,
a) Acknowledge n.,
❑Propos "cknovydgemet
iii
❑Addend ck��igei
❑Confl math Drug Free Workplace
i
I s' ector General
b)ms
❑Leiter o C4erest
❑Confriation of Minority Owned Business
❑Local Business Certification
❑Statement of Non -Submittal (if applicable)
❑Schedule of Sub -Consultants
❑References
❑Proposers Qualification Statement (pg.44 - pg.48)
❑Anti -Kickback Affidavit (pg.49)
❑Non -Collusion Affidavit of Proposer (pg.50)
❑Certification Pursuant to Florida Statute § 287.135 Form (pg.51 - pg.52)
FIE -Verify Form Pursuant to Florida Statute § 448.095 (pg.53 - pg.54)
❑Statement of Non -Submittal (if applicable)
❑Submit current Florida Professional License, including evidence of possession
of required licenses and business permits
❑ Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion
RFQ No. 25-001 Engineering Design Consultant 44
Al
El Resumes
F-1 w-9
F-1 Submit any Supplemental information relative to this RFQ
THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY
...................... ..
...........
0 F
F
WWI
.........
RFQ No. 25-001 Engineering Design Consultant 45
Al
6.1
YNT
BEAC
SECTION 6 — EVALUATION OF PROPOSALS
SUBMISSION OF PROPOSALS
A. Request for Qualification Requirements
A preliminary evaluation of each Proposal will be conducted by the BBCRA. This evaluation
determines if the Proposal is responsive to the submission requirements as outlined in this
solicitation based on the information provided about your firm. A responsive Proposal is one that
follows the solicitation requirements, includes all documentation, is submitted in the format outlined
in this solicitation, is of timely submission, and has the appropq �� signatures as required on each
document. Failure to comply with these requirements may result in the Proposal being deemed
non-responsive.
The Selection Committee will review and evaluat
solicitation to determine if the Proposer is a resp,
Proposer which the BBCRA affirmatively deter
ability, capability, and skill to perform under the t
or services promptly within the time specified withou
of integrity and business ethics; and fthe t the
solicitation. The selection of the best *rlfed
Respondent(s) are responsible and resporWye t ' F
The determination shall be
minimum the information
provide information about }
firm's qualifications to perfc
Committee in acct%
Evaluation
Firm's Qualifications
O1' proposal Z'$ bmitted in response to this
�j ,
ible Proposerresponsible Proposer is a
(prior to the award of a contract) has the
he agreement; can provide the materials
day or interference; has a satisfactory record
ON,
1pum qualification requirements in this
poi�bnt(s) will be based on whether the
Wicitation; and will be evaluated as follows:
ap; n the f flowing criteria and respondents shall provide, as a
1If each criterion. The Qualification Package is designed to
ii
NINEthe said information will be used in evaluating the
advertised work. Proposals will be evaluated by the Selection
kited criteria listed below:
Point Range
0-25
Qualifications of Project Management Consultant Team, (key project members) and
availability of specialty resources
Approach, Demonstrated Skill Set, Creativity, and Innovative Ideas
that will be used to address the Scope of Work
References of Past Performance
TOTAL POINTS
RFQ No. 25-001 Engineering Design Consultant 46
0-30
0-30
0-15
0-100
d'2
B. Selection Process
PURSUANT TO THE PROVISION OF F.S. 287.055, KNOWN AS THE CONSULTANTS'
COMPETITIVE NEGOTIATION ACT"
1. The project manager or designee will review and verify each submission for compliance with
the requirements of the RFQ, including verifying that each Proposal includes all documents,
licenses, and certifications required for this RFQ.
2. A Selection and Evaluation Committee consisting of the BBCRA's staff members, City's staff
members and may include outside consultants as deemed necessary, will review each written
submission for compliance with the requirements of the RFQ, including verifying that each
Proposal includes all documents required. In addition, the Committee will ascertain whether
the provider is qualified to render the required services according to State regulations and the
requirements of this RFQ.
3. In the event less than three (3) firms express interest in a solicitation or less than three (3) are
1111IRrr
deemed qualified by the Selection Committee, then P odurement Services shall make a
determination as to whether to proceed with the lesser t mber of firms. If the decision is to re -
advertise, and after a subsequent advertisement r Iting Ir��ee (3) firms that still cannot be
'��
qualified, then the BBCRA shall proceed hereur j f"with the gdio&d firms.
4. The Selection Committee will evaluate sre a"''rank all responsive and responsible
proposals based on the requirements of the � Vd may create a short list of a minimum of
three (3) firms deemed to be the moat hl hly quafff�d to perform the required services. In the
event there are less than three (3 Teetve prosals, the committee will give further
consideration to all responsive proposl red"'i°d
O////V
5. The Selection Commltt, may at Its ole discretion, request additional information or
clarification of any infq atlon sdbm d E ,Respondent(s).
6. The Selection Cox trnitte"ill conduct discussions, interviews, or require presentations from
the shortlist e11111" "Son 00i letion of the discussions, interviews, or presentations, the
%
Committee sill re-evalu 1 re=gate, and re -rank the proposals remaining in consideration
based on tha,valuation c, eria listed above.
7. After the final rarftt s completed, the BBCRA will present the ranking of the firms to the
BBCRA Board for a�roval to negotiate the hourly rates of the top-ranked firm/proposer. The
negotiated fees will be included in an agreement based on the attached draft contract found in
Appendix "B" and developed from this Request for Qualifications.
8. After the negotiation of the final contract and fees, the committee recommendation for award
will be submitted to the BBCRA Board for approval.
9. The BBCRA reserves the right to include additional provisions if the inclusion is in the best
interest of the BBCRA, as determined solely by the BBCRA. Assuming the successful
negotiation of an agreement, the final contract will be submitted to the BBCRA Board for their
consideration and approval.
THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY
RFQ No. 25-001 Engineering Design Consultant 47
YNT
BEAC
l IIIM1011llillillilllllll
. ���MIN[TAGi�:,:.NCY
SECTION 7 — SPECIAL CONDITIONS
It will be the responsibility of the successful Vendor to supply necessary labor for the completion of services
if requested by the BBCRA.
The BBCRA by written notice may terminate in whole or in part any Contract resulting from this RFQ when
such action is in the best interest of the BBCRA. If the Contract(s) are so terminated the BBCRA shall be
liable for only payment for services rendered prior to the effective date of termination. Services rendered
will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short
of delivery.
It shall be the responsibility of the successful Vendor to maintain kers' Compensation Insurance,
Professional Liability, Property Damage Liability Insurance, and Vcular Liability Insurance; during the
time any of his/her personnel are working on BBCRA property. Labs or any other cause shall be the
responsibility of the Vendor until such time as the items and/or./w, k haVilbeen accepted by the BBCRA.
The successful Vendor shall furnish the BBCRA with a cert�1 , to of insurariiUbafter award has been made
//-
prior to the start of any work on BBCRA property. Sa);,�j,fhsured-,,,,companle rmust be authorized to do
business in the State of Florida and the BBCRA will not a% pt a„
company that has a rating less than B+
in accordance to A.M. Best's Key Rating Guide latest editfo
//////alio,,,
The BBCRA reserves the right, before awarding 4 tract to r ire a Vendor to submit such evidence of
g g ��
qualifications as it may deem necessary, and m
rr agi cons any evidence available to it of the financial,
�
technical, and other qualifications and abilities of d or, irididing past performance (experience) with
the BBCRA in making the award in the est erest gfi the BBCRA.
The successful Vendor shall at all,,,,//, es g dnage or loss of property of the BBCRA or of other
/,��;rrri�!�i�O�ioia
Vendors, Contractors, and Consultatj a, d Sha lace and/or repair any loss or damage unless such
has been proven to have been caused1�tA the BBCRA, other vendors, Contractors, and Consultants. The
BBCRA may withhold aitnent rj rri°a such deductions as it may deem necessary to insure
is
reimbursement for losslamage to'per�hrough negligence of the successful Vendor or his/her agent.
The BBCRA is a governl4f#tal entit .responsible for performing a public service and therefore has a
legitimate interest in promotr oo
tfj,, goals and objectives of the agency. The work under this Contract
involves a project consistent �na'these goals and objectives. Consequently, the BBCRA is desirous of
satisfactorily completing and successfully promoting this project with the cooperation of its Vendor.
Therefore, as the Vendor for this project, the Vendor assures the BBCRA that the Vendor, its employees,
consultant, contractor, sub -consultant, sub -contractor, and assigns will refrain from acting adverse to the
BBCRA's legitimate interest in promoting the goals and objectives of this project. The Vendor agrees to
take all reasonable measures necessary to effectuate these assurances. In the event the Vendor
determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to
immediately notify the BBCRA. Upon such notification, the BBCRA, in its discretion, may terminate this
Contract.
THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY
RFQ No. 25-001 Engineering Design Consultant 48
d'2
APPENDIX "A"
THE DOCUMENTS
BEHIND THIS PAGE
MUST ACCOMPANY PROPOSAL
IN ORDER FOR SUBMITTAL
TO BE CONSIQ�l2EL�
COMPLETE AND GEPTABLE
RFQ No. 25-001 Engineering Design Consultant 49
4907-3469-0305, v. 2
AGIN"N"IMCY
5
YNT
BEAC
C � iii i[TY iii: iii��� iii���ai��.0 iu iii���a iii AG:,:AAC
PROPOSER'S QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and of all answers to
questions made hereinafter:
Check One
Submitted By: Corporation
Name: partnership
Address:
Oi Individual
///�
City, State, Zip: l ther
Telephone No.:�
Email Address.:
�%aii�,
1. State the true, exact, correct and compfe of the partnership, corporation, trade
or fictitious name under which you do business art 1� �d�ress of the place of business.
////i
TEM, A
The correct name of the Prop
The address of the principaia 1�6Cts� f Is:
2. If Proposer is a Id oration an,swer the following:
a.
b.
C.
d.
e.
f.
9.
Date of Inc6hp ratio `
State of Incorp&ition:
President's name:
Vice President's name:
Secretary's name:
Treasurer's name:
Name and address of Resident Agent:
3. If Proposer is an individual or a partnership, answer the following:
a. Date of organization:
b. Name, address, and ownership units of all partners:
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
RFQ No. 25-001 Engineering Design Consultant 50
490F 9489 8985. — 9
N
C. State whether general or limited partnership:
4. If Proposer is other than an individual, corporation, or partnership, describe the organization and
give the name and address of the principals:
5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida
Fictitious Name Statute.
6. How many years has your organization been in business under its present business name?
Under what other former names has your organization operate
7. Indicate registration, license numbers or certlflc �n,ffi""Ibers for the businesses or professions,
which are the subject of this RFQ. Please attach c I J ate of competency and/or state registration.
ori
8. Did you attend the Pre -Prep, sal Cexe ce If any such conference was held?
YES NO . """'7% '
,
9. Have you everrled to complete arwvork awarded to you? If so, state when, where and why:
10. List the pertinent experience of the key individuals of your organization (continue on insert sheet,
if necessary)
11. State the name of the individual who will have personal supervision of the work:
12. State the name and address of attorney, if any, for the business of the Proposer:
THIS PAGE TO BE SUBMITTED fN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
RFQ No. 25-001 Engineering Design Consultant 51
490F 9489 8985. — 9
7
13.
14.
15.
18.
19
State the names and addresses of all businesses and/or individuals who own an interest of more
than five percent (5%) of the Proposer's business and indicate the percentage owned of each such
business and/or individual:
State the names, addresses, and the type of business of all firms that are partially or wholly owned
by Proposer:
State the name of Surety Company which will be providing the bond (if applicable), and name and
address of agent:
D//////%
Annual Average Revenue of the Proposer for thst thr ears as fo
%%
Reven ex NLi er
1.
tvl�ue Index Number
a.
Government Related Work
b.
Non -Governmental Related Wdoc
4.
Total Work +b
%%
Reven ex NLi er
1.
Less tharr° , ,OQa ,;.
2.
$100,0C116,//,/iless/t,//////t' 000
3.
$250,000o'I,"'than $6WOOO
4.
$4Oi;to (est than $1 million
5.
f milllo" ' lesn $2 million
s%�t�
6. ,
$ ,
;, 2 million t�f��ss than $5 million
7.
million to (ss than $10 million
8.
$1 llllo� less than $25 million
9.$25`f
fib to less than $50 million
10.
$50 mill"ion or greater
Bank References:
Bank
Address
Telephone
20. Provide description of policies and methods for project monitoring and budgeting control as well as
adherence to project schedule (continue on insert sheet, if necessary).
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
RFQ No. 25-001 Engineering Design Consultant 52
43
21. Provide descriptions of quality assurance/quality control management methods (continue on insert
sheet, if necessary):
24. What will be your turnaround time for written responses to BB inquires?
�j�
25. List and describe all bankruptcy petitions (voluntar or� involunta which have been filed by or
against the Proposer, its parent or subsidiaries or,;f=edecessor orgy l ations during the past five
(5) years. Include in the description, the disposif of ea such petition.
26. List all claims, arbitrations 4ftinistroiVe hear( gs and lawsuits brought by or against the Proposer
or its predecessor organ liion(��grtt1 last five (5) years. The list shall include all case
i;�
names, case arbitration or he identlflcaon numbers, the name of the project which the dispute
�� 1
arose, and a descrn rt a the s �y�ct matter of the dispute.
,,,,,,c
1d
27. List and describe all criminal proceedings or hearings concerning business related offenses to
which the Proposer, its principals or officers or predecessors' organization(s) were defendants.
28. Has the Proposer, its principals, officers or predecessors' organization(s) been Convicted of a
Public Entity Crime, debarred or suspended from bidding by any government during the last five
(5) years? If so, provide details.
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
RFQ No. 25-001 Engineering Design Consultant 53
43
The Proposer acknowledges and understands that the information contained in response to this
Qualification Statement shall be relied upon by the owner in awarding the contract and such
information is warranted by Proposer to be true. The discovery of any omission or misstatement
that materially affects the Proposer's qualifications to perform under the contract shall cause the
owner to reject the proposal, and if after the award, to cancel and terminate the award and/or
contract.
(Signed)
(Title)
The foregoing instrument was acknowledged before me by me,.sical presence notarization, this
day ofby "///// on behalf of
�,,
He/she is personafl, known t j e or has produced
as identification.
is (Signature)
mission Expires:
"OFFICIAL NOTARY SEAL" ST.
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
RFQ No. 25-001 Engineering Design Consultant 54
490F 9489 8985. - 9 44
YNT
BEAC
� iii i[T iii: iii��� iii���ai��.0 iu iii���a iiiAG:,:A
ANTI -KICKBACK AFFIDAVIT
STATE OF FLORIDA
SS
COUNTY OF PALM BEACH
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be
paid to any employees of the Boynton Beach Communitry Redevel ent Agency as a commission,
kickback, reward, or gift, directly or indirectly by me or any member ofaly integrator or by an officer of the
corporation. 1,
COMPANY NAME
SIGNATB, RE
is of physical presence notarization, this
on behalf of
.nown to me or has produced
Notary Public (Signature)
My Commission Expires: _
(Signed)
(Title)
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
RFQ No. 25-001 Engineering Design Consultant 55
4907-3469-0305, v. 2
YNT
BEAC
� iii i[T iii: iii��� iii���ai��.0 iu iii���a iii :,:.N
NON-COLLUSION AFFIDAVIT OF RESPONDENT
State of )
County of )
, being first duly sworn, deposes and says that:
1) He/She is of 4 11 , the proposer that
(Title) (Name of Corpora i w r Integrator)
has submitted the attached RFQ: ////i,,,
2) He/She is fully informed respecting the preparation and ntents of,,attached submittal and of all
pertinent circumstances respecting such submittal; %�//O//O��._
3) By free fromgoll d submitting this bid, the BIDDER certr r�jth� ,i is proposal is made independently and
4) Further, the said proposer nor any of its officers jjaJinears owrrs, agents, representatives, employees
or parties in interest, including this affiant has �na/may„ oded, conspired, connived, or agreed,
directly or indirectly with any other proposer, id6gi or person to submit a collusive or sham RFQ in
connection with the Contract for whic RFQ has been submitted or to refrain from bidding
7jj
in connection with such Contact'%or has , any rrt finer, directly or indirectly, sought by agreement or
collusion or communications /�//�
�, nferwith axty`other proposer, integrator or person to fix the price
KNOW
or prices in the attached RFQ or other p 6poser, or to fix any overhead, profit or cost element of
the RFQ price or the RFQ /Wme of irk* other proposer, or to secure through any collusion, conspiracy,
connivance or unl fil(( agr%tent! advantage against the Boynton Beach Community
Redevelopment ncy or any ,r'rsonrfnterested in the proposed Contract; and
5) The price or prices quci in the(ached bid are fair and proper and are not tainted by any collusion,
conspiracy, connivance f u:41Fiwful agreement on the part of the bidder or any of its agents,
representatives, owners, eloyees, or parties in interest, including this affiant.
6) BIDDER shall disclose below, to their best knowledge, any BBCRA officer or employee, or any relative
of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes, who is an officer
of director or, or has a material interest in, the BIDDER's business, who is in a position to influence this
procurement. Any BBCRA officer or employee who has any input into the writing of specifications or
requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent
to this procurement is presumed, for purposes hereof, to be in a position to indirectly own any of the
total assets or capital stock of any business entity owned or operated by the BIDDER, or if they
otherwise stand to personally gain if the contract is awarded to this BIDDER.
7) Failure to submit this executed statement as part of the bid shall make the bid nonresponsive and not
eligible for award consideration. In the event the BIDDER does not indicate any names, the BBCRA
shall interpret this to mean that the BIDDER has indicated that no such relationships exist. Failure of
a BIDDER to disclose any relationship described herein shall be reason for termination of bid or award,
whichever is applicable, with no time to cure.
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
RFQ No. 25-001 Engineering Design Consultant 56
4907-3469-0305, v. 2
NAME
Witnesses:
Typed name:
Typed name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged
day of I _
He/she
as identification ...............
is
BIDDER:
Signed:
Name:
Title:
by
RELATIONSHIP
of physical presence notarization, this
on behalf of
)wn to me or has produced
"ry Public (Signature)
My Commission Expires:
(Signed)
(Title)
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
RFQ No. 25-001 Engineering Design Consultant 57
4907-3469-0305, v. 2
that
YNT
BEAC
� iii i[T iii: iii��� iii���ai��. iu iii���a iii :,:.N
CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135
on behalf of
Print Name and Title
does not:
Company Name
Company Name
1. Participate in a boycott of Israel; and 1111111111cel��,
2. Is not on the Scrutinized Companies that Boycott Israetts
3. Is not on the Scrutinized Companies with Activitie udan I
4. Is not on the Scrutinized Companies with Acts„ js i /thy/"Iran
Energy Sector List; and
5. Has not engaged in business operatlofils t ry a.
certify
Submitting a false certification shall be deemed a rtal breach of contract. The BBCRA shall provide
notice, in writing, to the Vendor of the deteriWi nation concerning the false certification. The Vendor
shall have ninety (90) days follow)ecelptof the nece to respond in writing and demonstrate that the
�, aiii
determination of false certification Oa 0 r,��f the Vendor does not demonstrate that the BBCRA's
iia
determination of false certification wase in error then the BBCRA shall have the right to terminate the
contract and seek civil re �e -rsua F
9lorida Statute § 287.135.
Section 287.135, Florid statutes pAbits e BBCRA from:
1) Contracting with compa for go �s or services if at the time of bidding on, submitting a proposal for,
%,. %%//
or entering into or renewing nt, dt if the company is on the Scrutinized Companies that Boycott Israel
List, created pursuant to Sectionr(5.4725, F.S. or is engaged in a boycott of Israel; and
2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with
activities in the Iran Petroleum Energy Sector list, created pursuant to Section 215.473, or are engaged in
business operations in Syria.
As the person authorized to sign on behalf of the Vendor, I hereby certify that the company identified above
in the section entitled 'Venodr Name" does not participate in any boycott of Israel, is not listed on the
Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with
activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I
understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract
with the BBCRA for goods or services may be terminated at the option of the BBCRA if the company is
found to have submitted a false certification or has been placed on the Scrutinized Companies with
Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List.
THIS PAGE TO BE SUBMITTED M ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
RFQ No. 25-001 Engineering Design Consultant 58
44
COMPANY NAME
SIGNATURE
PRINT NAME TITLE
DATE
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by
day of 1 , by
He/she is personal
as identification.
h, sical presence notarization, this
on behalf of
known t me or has produced
NOTARY PUBLIC
of Notary Typed, Printed or Stamped)
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
RFQ No. 25-001 Engineering Design Consultant 59
44
" oumoi
BOYNTO
=BEACII: VIII:.Ii. PVtIIIE N`III" VGII; III*C '
E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES
1. Definitions:
"Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public
employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other
remuneration. "Contractor" includes, but is not limited to, a vendor or consultant.
"Subcontractor" means a person or entity that provides labor, suppliesf,services to or for a contractor or
another subcontractor in exchange for salary, wages, or other remi. , o on. "Subcontractor" includes, but
is not limited to, a sub-consultant.
���////j/�
°E -Verify system" means an Internet -based system operated 'the Unitec"tates Department of Homeland
Security that allows participating employers to electronica�ll �, rify the emplo�it�ent eligibility of newly hired
employees. //�
2. Effective January 1, 2021, Contractors shall registdb"h and use the E -Verify System in order to
verify the work authorization status of all newt hired empIOes. Contractor shall register for and utilize
the U.S. Department of Homeland Security'sE ver f;ysterna verify the employment eligibility of:
All persons employed by a Contractor to pEW/,/forr employment duties within Florida during the term
of the contract; and
All persons (including sundors/ b-coneItants/sub-contractors) assigned by Contractor to
perform work pursuant to to co Ict wrtkt the Boynton Beach Redevelopment Agency. The
.
Contractor acknowledges ant es that registration and use of the U.S. Department of Homeland
Security's E -Verify r dunrt the term of the contract is a condition of the contract with the
Boynton Beacheveloprintt?cy; and
Should contraof r become tf , sucoossful Contractor awarded for the above-named project, by
entering into theiiioa�/ tract the contractor shall comply with the provisions of Section 448.095, Fla.
Stat., "Employment Eibility , as amended from time to time. This includes, but is not limited to
registration and utilizd" ndf,e E -Verify System to verify the work authorization status of all newly
hired employees. Contr for 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.
If the BBCRA has a good faith belief that a person or entity with which it is contracting has
knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated.
If the BBCRA has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but
the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the
Contractor and order the Contractor to immediately terminate the contract with the
subcontractor.
A contract terminated under subparagraph a) or b) is not a breach of contract and may not be
considered as such.
Any challenge to termination under this provision must be filed in the Circuit Court no later than
20 calendar days after the date of termination.
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
�,El 1 7Z
If the 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 1 year after the date of termination.
Company Name:
Authorized Signature:
Print Name:
Title
Date:
Phone:
The foregoing instrument was acknowledged before me by means of
day of I , by
He/she is personally kno
I presence notarization, this
on behalf of
me or has produced
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
447
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
Contractor Covered Transactions
The prospective Contractor, of the BBCRA certifies, by
submission of this document, that neither it, its principals, nor affiliates are presently debarred, suspended,
proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this
transaction by any Federal department or agency.
CONTRACTOR
Boynt6`"ear % ommunity Redevelopment District
Sub-Reci Oft s Name
By: i
SIGNATURE F V1A o)6 i'Number
Name and Title
Street Address
City, State, Zip
Date
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
RFQ No. 25-001 Engineering Design Consultant 62
. V. z 44
Y TO
Imam B E ACH
COMMUii iiT iu iii ii ir�� ii iii t�. iw,� viii �`Z,A,
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
ANTI-HUMAN TRAFFICKING AFFIDAVIT
I
(insert title) on behalf of
(insert name) as
(insert entity name) under penalty of perjury hereby attest as
1. I am over 18 years of age and have personal
2.
affidavit.
labor or services as defined in s. 78
3. More particularly, _
engage in any of the
a. Usit
b. Res
per
the matters set forth in this
name) does not use coercion for
Statutes.
(insert entity name) does not
with providing labor or services:
physical force against any person;
c)r confining or threatening to restrain, isolate or confine any
authority and against her or his will;
c. Using lending or other credit methods to establish a debt by any person when labor
or services are pledged as a security for the debt, if the value of the labor or services
as reasonably assessed is not applied toward the liquidation of the debtor the length
and nature of the labor or services are not respectively limited and defined;
d. Destroying, concealing, removing, confiscating, withholding, or possessing any
actual or purported passport, visa, or other immigration document, or any other
actual or purported government identification document, of any person;
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
RFQ No. 25-001 Engineering Design Consultant 63
9
e. Causing or threatening to cause financial harm to any person;
f Enticing or luring any person by fraud or deceit; or
g. Providing a controlled substance as outlined in Schedule I or Schedule II of s.
893.03, Florida Statutes to any person for the purpose of exploitation of that
person.
FURTHER AFFIANT SAYETH NAUGHT
By:
Print name:
Title:
Date:
STATE OF
COUNTY (
The foregoing instrumerrt j,,as ackn vledged before me by means of physical presence notarization
this day of �� , 20_ on behalf of
by its
He/she is
personally known to me or has produced as identification and
did ( ) did not ( ) take an oath.
[Seal] NOTARY PUBLIC
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
APPENDIX "'B": SAMPLE CONTRACT
AGREEMENT
CONTRACT AGREEMENT
BO)
RFQ No. 25-001 Engineering Design Consultant
4907-3469-0305, v. 2
A4
YNT
BEAC
� iii i[T iii: iii��� Aiii���ai��. iu iii���a iii AG:,:RACY
SAMPLE CONTRACT
ENGINEERING DESIGN CONSULTANT
*SUBJECT TO REVISIONS PRIOR TO SIGNING*
This Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date
(hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a
public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "BBCRA") and
a [type of entity: corporation/partnership/sole proprietor] authorized to do business in the
State of Florida, with a business address of , hereinafter referred to as "VENDOR" each
a "Party" and collectively the "Parties". In consideration of the mutual benefits, terms, and conditions
hereinafter specified the Parties agree as set forth below.
WHEREAS, the BBCRA solicited proposals for a coribidt Ap perform Project Management
Consultant Services, and
jj
WHEREAS, the BBCRA issued a REQUEST OR QUALIFICAT'�N IFOR ENGINEERING
DESIGN CONSULTANT, RFQ No. 25-001; and
r
WHEREAS, RFQ No. 25-001 defined Scope o N ,e ices for Environmental Review and
Engineering Design Consultant; and
WHEREAS, the BBCRA determined that Nqualified for appointment to perform the
scope of services set forth in RFQ No.25 C►1 and
WHEREAS, the BBCRA Bfd ondet�ined that VENDOR was qualified for appointment
to perform the scope of services se�th,�,W�ST FOR QUALIFICATIONS [RFQ]; and
NOW, THEREFORff, ider`Whon of the mutual covenants expressed herein, the parties agree
as follows:
ARTICLE 1 —
1.1 VENDOR her'` iees to perform the services required for the ENGINEERING DESIGN
CONSULTANT. he terms and conditions of RFQ No. 25-001 and the VENDOR's proposal
are expressly incorporated into this Agreement by reference. Any conflict or discrepancy
between the terms of this Agreement, RFQ 25-001, and VENDOR's proposal, shall be
resolved pursuant to the following order of precedence (1) this Agreement (2) RFQ No. 25-
001; and (3) VENDOR's Proposal.
1.2 VENDOR shall furnish all services, labor, equipment, and materials necessary and as may
be required in the performance of this Agreement, except as otherwise specifically provided
for herein, and all work performed under this Agreement shall be done in a professional
manner.
1.3 VENDOR assumes professional and technical responsibility for the performance of its
services to be provided hereunder in accordance with recognized professional and ethical
guidelines established by their profession. If within one year following completion of its
services, such services fail to meet the aforesaid standards, and the BBCRA promptly
advises VENDOR thereof in writing, VENDOR agrees to re -perform such deficient services
without charge to the BBCRA.
4907-3469-0305, v. 2 452
1.4 The relationship between BBCRA and VENDOR created hereunder and the services to be
provided by VENDOR pursuant to this Agreement are non-exclusive. BBCRA shall be free
to pursue and engage in similar relationships with other contractors to perform the same
or similar services performed by VENDOR hereunder, so long as no other vendor shall be
engaged to perform the specific project(s) assigned to VENDOR while VENDOR is so
engaged without first terminating such assignment. VENDOR shall be free to pursue
relationships with other parties to perform the same or similar services, whether or not such
relationships are for services to be performed within the BBCRA, so long as no such
relationship shall result in a conflict of interest, ethical or otherwise, with the BBCRA's
interests in the services provided by VENDOR hereunder.
1.5 DESIGN SERVICES
The VENDOR shall prepare preliminary studies and reports, feasibility studies, financial
and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and
sketches where required; develop construction budgets, opinions of Probable Construction
Cost, and shall consult and confer with the BBCRA as may be necessary for the BBCRA
to reach decisions concerning the subject matter. Th ��ffVENDOR shall attend meetings
with the BBCRA Board and BBCRA staff as may be re tlfed, and provide the BBCRA with
a time schedule which shall include but not be limi� submittal of all milestones related
to the project up to delivery of 100% construction„666nts.
1.5.1 The VENDOR shall advise the BBQRA, based on V NDOR'S professional opinion
and the current project conditio 08nd re so ably f h§seeable conditions of the
1 .P �a i .
completeness of existing data d itsblity for the intended purposes of the
project; VENDOR to obtain da if� other sources; identify and analyze
i
requirements of govern tal author p having jurisdiction to approve the design
of the project; provide f th'S needs for surveys; perform site
evaluations and comparatt a sS rective site and solutions; and prepare
and furnish a report tc tft R etting forth the VENDOR'S findings and
recommendatio(rf
1.5.2 Design seces to/// by the VENDOR shall include consultation and
/��, ,
advice con,c”e and scope of proposed work and preparation of
prelJ j dp p documents consisting of design criteria, preliminary drawings,
o sokifications as well as preliminary estimates of probable
j
nstructiostl his service will also include preparation of a preliminary site
an or sch �� tic drawings when appropriate. Up to hive (5) copies of the
pr IM inary d ign documents shall be furnished to the BBCRA, the exact number
needey�sf�� e determined by the BBCRA.
1.5.3 VENDOR shall provide environmental assessment and impact statements as
required to determine the suitability of the site and its surrounds for the proposed
project; and/or
1.5.4 Upon authorization of the BBCRA, the VENDOR will provide advice and assistance
relating to operation and maintenance of project or other systems; evaluate and
report on operations; assist the BBCRA in matters relating to regulatory agency
operations review or operating permit non-compliance; assist with startup and
operator training for newly installed or modified equipment and processes, and in
the preparation of operating, maintenance and staffing manuals for the project.
1.6 BASIC SERVICES
The VENDOR shall consult and advise the BBCRA in the following manner: specifying the
extent and scope of the work to be performed; prepare detailed construction drawings and
specifications; revise and update, where necessary, previously designed construction
plans and specifications, whether in whole or in part, to be incorporated into the proposed
work and prepare construction documents and final estimate of probable Construction
4907-3469-0305, v. 2 453
Cost. The final design services shall be provided in an electronic format, and shall also
include furnishing up to five (5) copies of plans and specifications to the BBCRA; the exact
number needed shall be determined by the BBCRA.
1.7 DESIGN SERVICES shall also include preparation of permit applications as may be
required by such agencies as have legal review authority over the project. These
applications shall include but not be limited to site plan approvals or other permits and work
efforts and shall also consist of meetings at the staff level and meetings with the appropriate
governing body and the BBCRA. Unless specifically provided for under the final design
phase, permit application services do not include applications requiring environmental
impact statements or environmental assessments, consumptive use permits and landfill
permits.
1.7.1 The VENDOR based upon the approved design documents and any adjustments
authorized by the BBCRA in each project, project schedule or construction budget
shall prepare for approval by the BBCRA, design development documents
consisting of drawings and other documents to fix and describe the size and
character of each project's civil engineer g, environmental, landscape,
architectural, structural, mechanical, and 1 r°trical systems and any other
requirements or systems, materials anguch other elements as may be
appropriate for a complete project. The shall also advise the BBCRA of
any adjustments to the preliminary es j neite of pr ble Construction Costs.
1.7.2 The VENDOR based on BBCRVpprov design development documents and
any further adjustments in the s , e or"lity of the project or in the construction
%�,
budget shall prepare Construction b l` ents within the number of calendar days
i
specified within any note issued b h BBCRA. The Construction Documents
shall consist of drawings A yy� cifica1c" j setting forth in detail the requirements
for the construction of they rote
1.7.3 The VENDOAl("Assist th BCRA in the preparation of the necessary proposal
information � form
1.7.4 The VEND
�s 11' 8idvHWe BBCRA of any adjustments to previous estimates
of pry
JJ e ruction Costs indicated by changes in codes, administrative and
;,,i
e'tbdc regjments of general market conditions.
`°` lG!!)ntractor
�
1.7.5 WNDOR shinclude in the Construction Documents a requirement that the
co��ruction shall provide a final as -built survey of the project in Autocad
electric at by a registered Land Surveyor, and provide marked up
constru drawings to the VENDOR so that the VENDOR can prepare and
deliver to the BBCRA the record drawings in the form required by the BBCRA and
as required.
1.7.6 Prior to final approval of the Construction Documents by the BBCRA, the VENDOR
shall conduct a thorough review and quality control evaluation of the entire work
product for compliance with the requirements of any local, state, or federal agency
from which a permit or other approval is required. The VENDOR shall make sure
that all necessary approvals have taken place.
1.7.7 The VENDOR shall conduct a thorough quality control review and assessment of
the work product to determine whether the work is properly coordinated and
confirm that the BBCRA and agency comments have been addressed and
incorporated into the Contract Documents. The VENDOR shall provide to the
BBCRA a Quality Assurance and Quality Control plan in a format that advises the
BBCRA that all work has been performed as required. A report shall be submitted
in accordance with those standards to apprise the BBCRA that due care has been
taken in the preparation of the Contract Documents.
4907-3469-0305, v. 2 454
1.7.8 The VENDOR shall signify responsibility for the Contract Documents including
technical specifications and drawings prepared pursuant to this Agreement by
affixing a signature, date, and seal as required by Florida Statutes Chapters 471
and 481, if applicable. The VENDOR shall comply with all of its governing laws,
rules, regulations, codes, directives, and other applicable federal, state, and local
requirements in preparation of the work.
1.8 The VENDOR shall provide the construction documents, technical specifications, and
drawings completed in accordance with generally accepted professional practices and
principles and in a manner consistent with the level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions.
1.9 The VENDOR following the BBCRA'S approval of the Construction Documents and the
latest estimate of probable Construction Cost shall when so directed and authorized by the
BBCRA, assist the BBCRA in obtaining proposals or negotiated proposals, and assist in
preparing contracts for construction.
1.9.1 The VENDOR shall review and analyze thep��� " sals received by the BBCRA and
shall make a recommendation for award;,( ,ed on the BBCRA'S Procurement
Administrative Policy Manual.
1.9.2 Any Opinion of the Constructionist prepared VENDOR represents its
judgment as a design professio,�#nd is upplied fo ���e general guidance of the
BBCRA. Since VENDOR has r w oV'0i
er market conditions, VENDOR does
/.
not guarantee the accuracy of slitons as compared to contractor bids or
actualcosts to the BBC/ If the proftis not advertised for proposals within three
(3) months after deliverrN DesicJr, I ns, through no fault of the VENDOR
or if either local market cjditi ��dustry-wide prices have changed because
of unusual or unanticipatedI�u „ s afing the general level of prices or times of
delivery in the,.//,c ttAiction 61h ustry, the established Construction Cost limit may
be adjusteoA dete fined the BBCRA'S Representative and as approved by
the BBCRA;'if neck x A itionally, if the BBCRA expands a project scope of
V rs the Final estimated probable Construction Cost
of the I D n Plans, the VENDOR shall not be responsible for any redesign
WY which shall be mutually agreed to by the parties hereto.
1. 9.3 VENDOhall provide the BBCRA with a list of recommended prospective
1.9.4 The VEN OR shall attend all pre-proposal/per-bid conferences.
1.9.5 The VENDOR shall recommend any addenda, through the BBCRA'S
representative as appropriate, to clarify, correct, or change proposal documents.
1.9.6 If Pre -Qualification of bidders is required as set forth in the Request for Proposals,
Request for Qualifications, or Invitation to Bid (two-step bid process), VENDOR
shall assist the BBCRA, if requested in developing qualifications criteria, review
qualifications and recommend acceptance or rejection of the bidders.
1.10 The BBCRA shall make decision on all claims regarding interpretation of the Construction
Documents, and on all other matters relating to the execution and progress of the Work
after receiving a recommendation from the VENDOR. The VENDOR shall check
schedules, shop drawings, and other submissions for the limited purpose of checking
conformance with the concept of the project, and for compliance with the information given
by the Construction Documents. The VENDOR shall also review change orders prepared
and submitted by the Contractor and review and make recommendations to the BBCRA
for progress payments to the Contractor based on each project schedule of values and the
percentage of work completed. The VENDOR will neither have control over or charge of,
4907-3469-0305, v. 2 455
nor be responsible for, the construction means, methods, techniques, sequences, or
procedures, or for the safety precautions and programs in connection with the construction
of the project.
1.10.1 The BBCRA shall maintain a record of all change orders which shall be categorized
to the various types, causes, etc. that may be determined useful and necessary
for its purpose.
1. 10.2 If the VENDOR is not the Construction Manager for the construction, the BBCRA
shall notify the VENDOR within three (3) business days of the discovery of any
architectural/engineering error or omission so that the VENDOR can be part of the
negotiations resolving the claim between the BBCRA and the Contractor.
1.11 The VENDOR shall carefully review and examine the Contractor's schedule of values,
together with any supporting documentation. The purpose of such review and examination
will be to protect the BBCRA from an unbalanced schedule of values that allocates greater
value to certain elements of each project than is indicated by industry standards, supporting
documentation, or data. If the schedule of values is not and to be appropriate, it shall be
returned to the Contractor for revision for supporting ��j �inentation. After making such an
examination, when the schedule of values is foune appropriate, the VENDOR shall
sign the schedule of values indicated informed bschedule of values constitutes
a reasonable, balanced basis for payment of tica e.or Payment to the Contractor.
1.12 The VENDOR shall perform on-site con�tionservation t the project based on the
Construction Documents in accordanc&*ith p raph 1 17 "Resident Project Services"
of this Agreement. The VENDOR obseA& shall determine the progress of the work
iii
completed, and whether the wor proceedM �,n a manner indicating that the work when
fully completed will be in actor��
h the �, struction Documents. On the basis of
site visits, the VENDOR will prof t�� E3A it h a written report of each site visit in
order to reasonably inform the $ ,C,, l)", o e progress of the portion of the Work
completed. The VE all e0 avor to identify for the BBCRA any defects and
deficiencies in the vy�C of c-, ractond make written recommendations to the BBCRA
where the work fait to co r!to th� onstruction Documents. The VENDOR shall not
have control over, r5f dry%ponsibility for the construction means, methods,
techniques enc ,",or procedures. or for safety precautions and programs in
connecti �A orK�r or shall the VENDOR be responsible for the Contractor's failure
%,
to perf "the Wor i cc(� I'ance with the requirements of the Contract Documents. The
��
VEND #shall not h� control over, or charge of, and shall not be responsible for, acts
or omissioft of the C tractor or of any other persons or entities performing portions of
the Work Basuch observation and the Contractor's Application for Payment, the
VENDOR shat p`9rmine the amount due to the Contractor and shall issue Certificates for
Payment in such amount. These Certificates will constitute a representation to the BBCRA
based on such observations and the data comprising the Application for Payment that the
work has progressed to the point indicated. By issuing a Certificate of Payment, the
VENDOR will also represent to the BBCRA that to the best of its information and belief,
based on what its observation has revealed; the Work is in accordance with the
Construction Documents. The VENDOR shall conduct observations to determine the dates
of substantial and final completion and issue a recommendation for final payment.
1.13 The VENDOR shall revise the Construction drawings and submit record or corrected
drawings to the BBCRA to show those changes made during the construction process
based on the marked -up prints, drawings, and other data furnished by the Contractor. The
record drawings shall be provided in electronic format inclusive of conformed PDF files and
AutoCad files in a form compatible with the BBCRA'S version of AutoCad formats for
archival purposes.
1.14 The VENDOR shall attend regularly scheduled progress meetings on site bi-monthly or as
otherwise determined based on a specific need established prior to construction by the
BBCRA.
4907-3469-0305, v. 2 456
1.15 The VENDOR shall review change orders prepared and submitted by the Contractor for
the BBCRA'S approval. VENDOR shall not authorize any changes in the work or time, no
matter how minor without prior written approval by the BBCRA.
1.16 The project's construction or demolition shall be considered complete upon compilation of
a punchlist by VENDOR, which shall be timely completed by Contractor to the satisfaction
of the BBCRA, written notification to Contractor by VENDOR that all releases of liens are
satisfied, and written recommendation by VENDOR for final payment to the Contractor
which shall be at the sole discretion of the BBCRA.
1.17 RESIDENT PROJECT SERVICES
During the Construction progress of any work, the VENDOR will if authorized by the
BBCRA, provide resident project observation services to be performed by one or more
authorized employees ("Resident Project Representative") of the VENDOR. Resident
Project Representatives shall provide extensive observation services at the project site
during construction. The Resident Project Representati e will endeavor to identify for the
BBCRA any defects and deficiencies in the work of��������Contractor(s). Resident project
observation services shall include but are not limitei the following:
a. Conducting all pre -construction co
b. Conducting all necessary construc
c. Observation of the work in progr�
d. Receipt, review coordination, "Atil
submittals;
e. Maintenance and prepay on of pi
f. Field observation and f)
110
installed;
g. Verification of contractors
ith&ized by the BBCRA;
of shop drawings and other
reports;
gantities of equipment and materials
' payrolls and records for compliance
with applicabl ;6rtfact rec,�ments;
h. Maintenanc ft eacFt rotecf/ a on a current basis of all drawings, specifications,
C ontracts// mple %�iefmits, nd other project -related documents, and at the
//lino,
completion, �� prtYfe/liver all such records to the BBCRA;
i. Prep/ n, Q&e, and distribution of a project budget with each project
t %V16tification"Q, the"''BBCRA immediately if it appears that either each project
,�hedule or � h project budget will not be met;
k Sit eduling dd conducting monthly progress meetings at which BBCRA,
Engi r, feral Contractor, Trade Contractor, and Suppliers can jointly discuss
such�s as procedures, progress, problems, and scheduling.
I. Recommending courses of action, and enforcing action selected by the BBCRA, if
so directed by the BBCRA, if the general and/or trade contractors are not meeting
the requirements of the plans, specifications, and construction contract;
m. Development and implementation of a system for the preparation, review, and
processing of change orders;
n. Maintenance of a daily log of each project;
o. Recording the progress of each project, and submission of written monthly
progress reports to the BBCRA including information on the Contractors' work and
the percentage of completion;
p. Determination of substantial and final completion of work and preparation of a list
of incomplete and unsatisfactory items, and a schedule of their completion; and
q. Securing and transmitting to the BBCRA, required guarantees; affidavits; releases;
key manuals; record drawings; and maintenance stocks;
The Resident Project Representative shall also investigate and report on complaints and
unusual occurrences that may affect the responsibility of the VENDOR or the BBCRA in
connection with the work. The Resident Project Representative shall be a person
acceptable to the BBCRA, and the BBCRA shall have the right to employ personnel to
4907-3469-0305, v. 2 457
observe the work in progress, provided however that such personnel as employed by the
BBCRA, and such personnel will be responsible directly to the BBCRA in the performance
of work that would otherwise be assumed and performed by the VENDOR. The Resident
Project Representative shall not have control over, charge of, or responsibility for the
construction means, methods, techniques, sequences, or procedures, or for safety
precautions and programs in connection with the Work, nor shall the Resident Project
Representative be responsible for the Contractor's failure to perform the Work in
accordance with the requirements of the Contract Documents. The Resident Project
Representative shall not have control over or charge of, and shall not be responsible for,
acts or omissions of the Contractor or of any other persons or entities performing portions
of the Work.
Although VENDOR shall not be responsible for health or safety programs or precautions
related to BBCRA" s activities or those of BBCRA's other contractors and consultants or
their respective subcontractors and vendors ("Contractors"), VENDOR shall nonetheless
report to the Resident Project Representative health and safety conditions or deficiencies
observed by VENDOR'S employees or representatives. VENDOR shall not be responsible
for BBCRA's pre-existing site conditions or the aggr vation of those preexisting site
conditions to the extent not caused by the negligent , "willful misconduct of VENDOR.
VENDOR shall not be responsible for inspecting, o Erving, or correcting health or safety
conditions or deficiencies of BBCRA, Contractori, o% hers at the project site ("Project
Site") other than for VENDOR's employees, s� j Consul *y///s� and vendors.
1.18 ADDITONAL SERVICES
1.18.1 When additional services are necd
Order. Examples of add!#9nal (not
a. Preparation of applical
grants, loans or advan
ey shall be specified in the written Task
ie services are:
ocuments for private or governmental
i any particular project.
Services to )6ke rrfbsuredJ rawings of or to investigate existing conditions or
facilities ct�'o vera tie Accu" by of drawings or other information furnished by or
ai
to the 131366L , //
C.
ultin ,from significant changes in the general scope, extent or
aracter o
padular project or its design including but not limited to, changes
Mize, ize, comp ;o", itythe BBCRA'S schedule, character of construction or method of
fiheii�ing andevising previously accepted studies, reports, design documents or
Cont ctiContract Documents when such revisions are required by changes
to law ,�" �`s, regulations, ordinances, codes or orders enacted subsequent to the
preparation of such studies, reports or documents, or are due to any other causes
beyond the VENDOR'S control.
d. Providing renderings or models for the BBCRA'S use.
e. Preparing documents for alternate Proposals requested by the BBCRA for work
that is not executed for documents for out -of -sequence work.
Investigations and studies involving but not limited to, detailed considerations of
operations, maintenance, and overhead expenses; providing value engineering
during the course of design; the preparation of feasibility studies; cash flow and
economic evaluations, rate schedules, and appraisals; assistance in obtaining
financing for a project; evaluating processes available for licensing and assisting
the BBCRA in obtaining process licensing; detailed quantity surveys of material,
equipment and labor, and audits or inventories required in connection with
construction performed by the BBCRA.
4907-3469-0305, v. 2 458
g. Assistance in connection with Proposal protests, re -bidding or re -negotiating
contracts for construction, materials, equipment, or services, unless the need for
such assistance is reasonably determined by the BBCRA to be caused by the
VENDOR (e.g. defective plans and/or specifications which inhibit contractors from
submitting proposals) in which event there shall be no additional cost for the
provision of such services.
Preparing to serve or serving as a VENDOR or witness for the BBCRA in any
litigation, arbitration or other legal or administrative proceeding.
Additional services in connection with the project not otherwise provided in this
Agreement.
Services in connection with a project not otherwise provided for in this Agreement.
k. Services in connection with a field order or change order requested by the BBCRA.
1.19 When required by the Construction Contract docume s in circumstances beyond the
VENDOR'S control, and upon the BBCRA'S au tho ion, it will furnish the following
additional services.
a. Services in connection with work
encountered during construction.
Services after the award of the b
the acceptability of an unreason
Contractor, except to th/D///O/ii t s
of the VENDOR.
by unforeseen conditions
contract in evaluating and determining
essive number of claims submitted by
are caused by the errors or omissions
c. Additional or extended se�tuOfl'Vconstruction made necessary by 1) work
damaged by it' ,r/ they d4MUse during construction, 2) a significant amount of
defective o,�6gligek work any contractor, 3) acceleration of the progress
schedulej6olvingo rvices �"yond normal working hours, or 4) default by any
contractor,
%y1lJodharr, if a fire occurs as a direct result of errors or
omit indesign by the VENDOR or if the VENDOR fails to notify the
i5'„
facthe ficient quality of their workmanship pursuant to VENDOR'S
A/4' Mies as 1crib94 in the Contract Documents, the VENDOR'S additional
med part of Basic Services and compensated as such.
d. SeMt%, i %i nnection with any partial utilization of any part of the project by the
i
BBCR, sir to Substantial Completion.
e. Services to evaluate the propriety of substitutions or design alternates proposed
by the Contractor and involving methods of construction, materials, or major
project components either during bidding and/or negotiation services or
Construction Contract award. The cost of such services shall be borne by the
Contractor, and this requirement shall be included in the construction contract.
Services in making revisions to drawings and specifications occasioned by the
acceptance of substitutions proposed by the Contractor, unless such substitutions
are due to a design error by the VENDOR in which case such services shall be
deemed Basic Services. Except when caused by a design error by the VENDOR,
the cost of such services shall be borne by the Contractor, and this requirement
shall be included in the construction contract.
1.20 BBCRA'S RESPONSIBILITIES
1.20.1 The BBCRA shall do the following in a timely manner so as not to delay the
services of the VENDOR:
4907-3469-0305, v. 2 459
1.21
1.22
1.23
1.24
1.20.2 Designate in writing a person or persons to act as the BBCRA'S representative
with respect to the services to be rendered under this Agreement. Such person(s)
shall have complete authority to transmit instructions and receive information with
respect to the VENDOR'S services for a particular project. The BBCRA may have
multiple BBCRA Representative(s) or project managers during the performance of
this AGREEMENT based on the specific task orders/written task orders from each
of the Scope Categories.
1.20.3 Provide all criteria and full information as to the BBCRA'S requirements for the
Project, including design objectives and constraints, space, capacity and
performance requirements, flexibility and expandability, and any budgetary
limitations.
1.20.4 Assist the VENDOR by providing at the VENDOR'S request all available
information pertinent to the Project including previous reports and any other data
relative to design or construction of the project.
1.20.5 Furnish to the VENDOR, if required for the p�6rmance of VENDOR'S services
(except where otherwise furnished by the �1DOR as Additional Services), the
following: 71 M////i,,,,.
1.20.6 Data prepared by, or services
probings and subsurface explor,
inspection of samples, material'
1.20.6.1 Appropriate % fessio
/D/D/9////0/0/0//0//00/
1.20.6.2 Environmental<sse
1.20.6.3
1.20.6.4
Miers, includifvithout limitations borings,
s, hY.hic'fve s, laboratory tests and
retations of all of the foregoing;
pact statements;
easement, right-of-way, topographic and utility
eed and other land use restrictions;
and permits required in the CITY'S jurisdiction and those from
agencies unless such approvals and permits are the
bility of the VENDOR; and
T.zu.b.e Arrange Tor access to maKe aii provisions Tor the vtNuuK to enter
upon the BBCRA'S property as required for the VENDOR to perform
services under this Agreement.
1.20.6.7 Consistent with the professional standard of care and unless otherwise
specifically provided herein, VENDOR shall be entitled to rely upon the
accuracy of data and information provided by the BBCRA or others
without independent review or evaluation.
VENDOR shall not utilize the services of any sub -consultant without the prior written
approval of BBCRA.
The VENDOR is responsible for defects in its work and the work of its sub -consultants
work.
The BBCRA's Representative during the performance of this Agreement shall be
The VENDOR'S Representative during the performance of the Agreement shall be
4907-3469-0305, v. 2 460
2. TIME OF PERFORMANCE. Work under this Agreement shall commence upon the giving of written
notice by the BBCRA to the vendor by way of an executed purchase order. VENDOR shall perform all
services and provide all work products required pursuant to this Agreement and Purchase Order.
3. TERM. The Term of this Agreement shall be for a thirty-six (36) month term, commencing upon a
notice to proceed and a purchase order from the BBCRA. The VENDOR understands and
acknowledges that the services to be performed during the thirty-six (36) month term will be governed
by this Agreement.
In the event that services are scheduled to end either by contract expiration or by termination by the
BBCRA (at the BBCRA's discretion), the VENDOR shall continue the services, if requested by the
BBCRA, or until task or tasks 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
VENDOR will be reimbursed for this service at the rate in effect when this transitional period clause
was invoked by the BBCRA.
4. PAYMENT. The VENDOR shall be paid by the BBCRA for comple4j,work and for services rendered
in accordance with the Schedule of Prices to this Agreement as f�o�ls:
A/
a. Payment for the work provided by VENDOR shall be d'ad "1Sprovided on Exhibit" "attached
hereto.
b. Payment as provided in this section by t/* BCR shall bel II compensation for work
performed, services rendered, and for all" tersupplies, equipment, and incidentals
necessary to complete the work.
c. Compensation for vendor's sub -CON- TS wiII e negotiated based on each task order
/ purchase order. Compensation v 1 be a direct mark-up in accordance with the
Schedule of Professional Fees attach6
t
�V�=consulting services shall be approved by
the BBCRA's representati 1� to perfi=nance of the sub -consulting work. Consulting time
for processing and mament"5f the '� dor°s sub -CONSULTANT shall not be included in
��
direct cost as the dire „trnark 4p0j lie or management efforts.
d. The VENDOR main bm1t9 voices to the BBCRA once per month during the progress of the
work for part (, iay��S , voices will be checked by the BBCRA, and upon approval
i deehhe VENDOR in the amount approved.
thereof, pa //
will be
e. In certain cas6,,,where remental billing for partially completed work is permitted by the
/ice„
BBCRA'S represe V the total incremental billings shall not exceed the percentage of
estimate completio ti' identifiable deliverables or accepted deliverables as of the billing date.
f. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be
compensated based on time charge/not-to-exceed method, the CONSULTANT shall submit a
not -to -exceed proposal to the BBCRA'S representative for prior approval based on estimated
labor hours and hourly rates which shall not exceed the established hourly rates as per the
Schedule of Professional Fees attached hereto, plus sub -CONSULTANT services and other
related costs supporting the proposed work. The BBCRA shall not be obligated to reimburse
the CONSULTANT for costs incurred in excess of the total not -to -exceed cost amount.
g. Final payment of any balance due the VENDOR of the total contract price earned will be made
promptly upon its ascertainment and verification by the BBCRA after the completion of the work
under this Agreement and its acceptance by the BBCRA.
h. Final Invoice: In order for both parties herein to close their books and records, the VENDOR
will clearly state "Final Invoice" on the VENDOR's final/last billing to the BBCRA. The final
invoice certifies that all services have been properly performed and all charges and costs have
been invoiced to the BBCRA. Since this account will thereupon be closed, and any other further
charges if not properly included on this invoice are considered waived by the VENDOR.
4907-3469-0305, v. 2 461
i. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for
inspection by representatives of the BBCRA and State for a period of five (5) years after the
termination of the Agreement. Copies shall be made available upon request.
j. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in
Part VI I, Chapter 218, Florida Statutes.
5. OWNERSHIP AND USE OF DOCUMENTS. Upon completion of the project and final payment to
VENDOR, all documents, drawings, specifications, and other materials produced by the VENDOR in
connection with the services rendered under this agreement shall be the property of the BBCRA
whether the project for which they are made is executed or not. Notwithstanding the foregoing, the
VENDOR shall maintain the rights to reuse standard details and other design copies, including
reproducible copies, of drawings and specifications for information, reference, and use in connection
with VENDOR'S endeavors. Any use of the documents for purposes other than as originally intended
by this Agreement, without the written consent of VENDOR, shall be at the BBCRA's sole risk and
without liability to VENDOR and VENDOR'S sub -consultants.
6. FUNDING. This Agreement shall remain in full force and effect o ly as long as the expenditures
provided in the Agreement have been appropriated by the BB CRP Pihe annual budget for each fiscal
year of this Agreement, and is subject to termination based on lad` of funding.
7. WARRANTIES AND REPRESENTATIONS. VENDOR r resents a djwarrants to the BBCRA that it
is competent to engage in the scope of services conteOQ'a ed under s, Agreement and that it will
%
retain and assign qualified professionals to all assi0 i
prof is during 't term of this Agreement.
VENDOR's services shall meet a standard of care f rTro' l� anagement Consultant Services and
related services equal to or exceeding the standard o or professionals practicing under similar
conditions. In submitting its response to the FQ, VENI,11111R has represented to BBCRA that certain
individuals employed by VENDOR shall pry �Jrvices�� ,BBCRA pursuant to this Agreement.
BBCRA has relied upon such representation�� ThVENDOR shall not change the designated
WE'
Project Management consultant for any projec"4 vet out advance written approval of the BBCRA,
which consent may be withheld inat�� and #olute discretion of the BBCRA.
8. COMPLIANCE WITH LAWS ✓/NDOR all in l5 forming the services contemplated by this Service
Agreement, faithfully observe kth II federal, state, and local laws, ordinances, and
j� ��//
regulations that are appjj to ervices to be rendered under this Agreement.
,,,.
�r�
9. PRICES, TERMS, b, PAYM H(ft ly rates shall be firm for the term of the Agreement. No rate
increases shall be 'eeoted.
10. INDEMNIFICATION.
A. The VENDOR shall indemnify and hold harmless the BBCRA, its officers, employees, agents, and
instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs
of defense, through the conclusion of any appeals, which the BBCRA or its officers, employees,
agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature arising out of, relating to and resulting from the performance of
this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors. The
VENDOR 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 BBCRA, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may
issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or
through the other respective party, for any special, incidental, indirect, or consequential damages
of any kind, including but not limited to lost profits or use that may result from this Agreement or
out of the services or goods furnished hereunder.
B. The parties understand and agree that the covenants and representations relating to this
indemnification provision shall survive the term of this Agreement and continue in full force and
effect as to the party's responsibility to indemnify.
4907-3469-0305, v. 2 462
C. Nothing contained herein is intended nor shall be construed to waive BBCRA's rights and
immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time.
PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL
EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD
INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE
OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES
AGREEMENT
11. INSURANCE.
A. During the performance of the services under this Agreement, VENDOR shall maintain the
following insurance policies, and provide originals or certified copies of all policies to the BBCRA.
All policies shall be written by an insurance company authorized to do business in Florida.
VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to
commencing any service pursuant to this Agreement:
Worker's Compensation Insurance: The VE
life of this Agreement, Worker's Compensation I
meeting all applicable state and federal la '
%s
Liability with limits meeting all applicabi Oat
extend to any subcontractor that does��ha
Employer's Liability Insurance. The poli o
the BBCRA, executed by the insurance come
ID0� hall procure and maintain for the
w ran
vering all employees with limits
This covey e shall include Employer's
and federal haws. This coverage must
X17
rr eir own Worker's Compensation and
ontain a waiver of subrogation in favor of
Comprehensive General Liabill#�1 NDCshall procure and maintain for the life
of this Agreement, Comprehensiv-�lity Insurance. This coverage shall be on
,
an "Occurrence" basis. erage ; Irl include Premises and Operations; Independent
vendors, Products -C %tom; ME
Oper ns and Contractual Liability with specific reference
to Article 7, " Indere 4 icatior/i f this reement. This policy shall provide coverage for
ii%
death, personal my t o/r/00h 'age that could arise directly or indirectly from the
performance of this reement `/ENDOR shall maintain a minimum coverage of
$1,000,00�1.��G°' rr and $1,000,000 aggregate for personal injury/ and $1,000.000
,
per occnce/a� atie�r property damage. The general liability insurance shall
incl ud %ire BBCRA an additional insured and shall include a provision prohibiting
can ell iIXl ft e po, , upon thirty (30) days prior written notice to the BBCRA.
iii. Business Au�},5 `ile Liability: The VENDOR shall procure and maintain, for the life of
this Agreement, usiness Automobile Liability Insurance. The VENDOR shall maintain a
minimum amount of $1,000,000 combined single limit for bodily injury and property damage
liability to protect the VENDOR from claims for damage for bodily and personal injury,
including death, as well as from claims for property damage, which may arise from the
ownership, use of maintenance of owned and non -owned automobile, included rented
automobiles, whether such operations be by the VENDOR or by anyone directly or
indirectly employed by the VENDOR.
iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure
and maintain for the life of this Agreement in the minimum amount of $1,000,000 per
occurrence.
V. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined
appropriate by the BBCRA depending on the type of job and exposures contemplated.
Coverage must follow the form of the General Liability, Auto Liability and Employer's
Liability. This coverage shall be maintained for a period of no less than the later of three
(3) years after the delivery of goods/services or final payment pursuant to the Agreement.
4907-3469-0305, v. 2 463
B. VENDOR shall provide the BBCRA with all Certificates of Insurance required under this section
prior to beginning performance under this Agreement. Failure to maintain the required insurance
will be considered a default of the Agreement.
C. The BBCRA shall be named as an additional insured. The coverage shall contain no limitations on
the scope of protection afforded the BBCRA, its officers, officials, employees or volunteers. A
current valid insurance policy meeting the requirements herein identified shall be maintained during
the duration of this Agreement, and shall be endorsed to state that coverage shall not be
suspended, voided, or canceled by either party, reduced in coverage in limits except after thirty
(30) days prior written notice by either certified mail, return receipt requested, has been given to
the BBCRA.
D. The BBCRA reserves the right to reasonably require any additional insurance coverage or
increased limits as determined necessary by the Director of Human Resources and Risk
Management. The BBCRA reserves the right to review, modify, reject, or accept any required
policies of insurance, including limits, coverage, or endorsements throughout the term of the
Agreement.
12. INDEPENDENT CONTRACTOR. The VENDOR and the 1313
independent contractor with respect to the services provided
this Agreement shall be considered to create the relationship46
f of
parties hereto. Neither VENDOR nor any employee ofV�NDO
accorded BBCRA employees by virtue of the servicesvided r
shall not be responsible for withholding or otherwise ' Gctin ed(
for contributing to the state industrial insurance progr oth se
with respect to VENDOR, or any employee of VEND��°%%��r
13.
retained any company or person, other than bon
solicit or secure this contract, and that he has hr)
than a bona fide employee worg matelyfc
brokerage fee, gifts, or any othe nsidetotion ci
of this contract. For breach or�tolatio thisFENER
waj
contract without liability or, in 1, frrY�r�c::
otherwise recover, the fp, o f such fee,
contingent fee.
Fagree that the VENDOR is an
cant to this Agreement. Nothing in
i i,oyer and employee between the
R "all be entitled to any benefits
ndehis Agreement. The BBCRA
iii„
gyral inc6Me tax or Social Security or
assuming the duties of an employer
�/., VENDOR111warrants that he has not employed or
mAee working solely for the VENDOR, to
t ori bed to pay any company or person, other
he VENDOR any fee, commission, percentage,
Jngent upon or resulting from the award or making
binty, the BBCRA shall have the right to annul this
duct from the contract price or consideration, or
commission, percentage, brokerage fee, gift, or
14. OFFER EXTENDE[I%- 70 OTHER" GOVERNMENTAL ENTITIES: The BBCRA encourages and agrees
to allow the vendor --extend th pricing, terms, and conditions of this solicitation and resulting
agreement/contract to oto o �inmental entities pursuant to the requirements of the federal awarding
agency. N/A N F .
15. TRUTH -IN -NEGOTIATION CERTIFICATE.
A. Execution of this Agreement by the VENDOR shall act as the execution of a truth -in -negotiation
certificate certifying that the wage rates and costs used to determine the compensation provided
for in this Agreement is accurate, complete, and current as of the date of the Agreement and no
higher than those charged the VENDOR's most favored customer for the same or substantially
similar service.
B. The said rates and cost shall be adjusted to exclude any significant sums should the BBCRA
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 VENDORs. The BBCRA
shall exercise its rights under this "Certificate" within one (1) year following payment.
16. SUBCONTRACTING.
A. VENDOR shall not utilize the services of any sub -consultant without the prior written approval of
BBCRA.
4907-3469-0305, v. 2 464
B. The BBCRA reserves the right to accept the use of a sub -consultant or to reject the selection of a
particular sub -consultant and to inspect all facilities of any sub -consultants in order to make a
determination as to the capability of the sub -consultant to perform properly under this contract. If
the VENDOR uses any sub -consultants on this project the following provisions of this Article shall
apply.
C. If a sub -consultant fails to perform or make progress, as required by this Contract, and it is
necessary to replace the sub -consultant to complete the work in a timely fashion, the VENDOR
shall promptly do so, subject to acceptance of the new sub -consultant by the BBCRA. The
substitution of a subconsultant shall not be adequate cause to excuse a delay in the performance
any portion of this contract as set forth in the Scope of Work.
D. The VENDOR, its sub -consultants, agents, servants, or employees agree to be bound by the
Terms and Conditions of this Contract and it's agreement with the sub -consultant for work to be
performed for the BBCRA the VENDOR must incorporate the terms of this contract.
17. DISCRIMINATION PROHIBITED. The VENDOR, with regard to th work performed by it under this
agreement, will not discriminate on the grounds of race, color, ndnal origin, religion, creed, age,
gender, disability, marital status, political affiliation, pregnancy, fader identity, and expression, sex or
the presence of any physical or sensory handicap in the�dl n and retention of employees,
procurement of materials, supplies, or in performance of any ilVork p ant to this Agreement.
18. ASSIGNMENT. The VENDOR shall not sublet or a.,
without the express written consent of the BBCRA.
19. NON -WAIVER. A waiver by either BBCRA c
binding upon the waiving party unless such t
a waiver shall not affect the waiving party's
making or acceptance of a payment by eith
breach shall not operate or be coni /' c
20. TERMINATION.
servicebovered by this Agreement
)OR of ny breach of this Agreement shall not be
i�
in wn& ', ,,, In the event of a written waiver, such
)
ect to any other or further breach. The
t/Tita6wledge of the existence of a default or
as a waiver of any subsequent default or breach.
A. Termination for C nieffiW This Agreement may be terminated by the BBCRA for
convenience, up Gr �14) 4Iendar days of written notice by the BBCRA to the VENDOR for
such terminatig1° which e t thT/ENDOR shall be paid its compensation for work performed
through to the fetination da 1/01
including services reasonably related to termination. In the event
that the VENDOf�%/andonse Agreement or causes it to be terminated, the VENDOR shall
indemnify the BBCRa loss pertaining to this termination.
B. Termination for Cause.'This Agreement may be terminated for cause by the aggrieved party if
the party in breach has not corrected the breach within thirty (30) calendar days after receipt of
written notice from the aggrieved party identifying the breach. This Agreement may be terminated
for cause by BBCRA for reasons including, but not limited to, VENDOR's failure to suitably or
continuously perform the services in a manner calculated to meet or accomplish the objectives in
this Agreement, or repeated submission (whether negligent or intentional) for payment of false or
incorrect bills or invoices.
C. In the event of the death of a member, partner, or officer of the VENDOR, or any of its supervisory
personnel assigned to the project, the surviving members of the VENDOR hereby agree to
complete the work under the terms of this Agreement, if requested to do so by the BBCRA. This
section shall not be a bar to renegotiations of this Agreement between surviving members of the
VENDOR and the BBCRA, if the BBCRA so chooses.
D. Notice of termination shall be provided in accordance with the "Notices" section of this Agreement.
E. In addition to any termination rights stated in this Agreement, BBCRA shall be entitled to seek any
and all available contractual or other remedies available at law or in equity including recovery of
4907-3469-0305, v. 2 465
costs incurred by BBCRA due to VENDOR's failure to comply with any term(s) of this Agreement.
20. DEFAULT OF CONTRACT & REMEDIES.
A. 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 exclusively in Palm Beach County, Florida. This Agreement shall be construed under
Florida Law.
B. Correction of Work. If, in the judgment of BBCRA, work provided by VENDOR does not conform
to the requirements of this Agreement, or if the work exhibits poor workmanship, BBCRA reserves
the right to require that VENDOR correct all deficiencies in the work to bring the work into
conformance without additional cost to BBCRA, and/or replace any personnel who fail to perform
in accordance with the requirements of this Agreement. BBCRA shall be the sole judge of non-
conformance and the quality of workmanship.
C. Default of Contract. The occurrence of any one or more of t�JAYO
flowing events shall constitute a
default and breach of this Agreement by VENDOR :
The abandonment of the project by VE
business days.
The abandonment, unnecesse
the terms of this Agreement o
of the BBCRA's designee.
a period of more than seven (7)
I of, or"f 'lure to comply with any of
isal to comply with the instructions
III. The failure by VENDOR!!/!'t161J,0% rve 6441 . rform any of the terms, covenants, or
conditions of this Agreement bserved or performed by VENDOR, where
such failure shall continue 0 a 464 odWseven (7) days after written notice thereof
by BBCRA to ENOL primed, however, that if the nature of VENDOR's default
,,,,,,
is such th bre thih seve 7) days are reasonably required for its cure, then
VENDORJall no ' deme o be in default if VENDOR commences such cure
,' i
within said e dbd and thereafter diligently prosecutes such cure to
co
mt� ���
IV.'e assign t a vor transfer of this Agreement or execution or attachment
�5 reon by DOR or any other party in a manner not expressly permitted
heK'ander.
V. The m 0 by VENDOR of any general assignment or general arrangement for
the benefit of creditors, or the filing by or against VENDOR of a petition to have
VENDOR 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
VENDOR, the same is dismissed within sixty (60) calendar days); or the
appointment of a trustee or a receiver to take possession of substantially all of
VENDOR's assets, or for VENDOR's interest in this Agreement, where possession
is not restored to VENDOR within thirty (30) calendar days; for attachment,
execution or other judicial seizure of substantially all of VENDOR 's assets, or for
VENDOR's interest in this Agreement, where such seizure is not discharged within
thirty (30) calendar days.
D. Remedies in Default. In case of default by VENDOR, BBCRA shall notify VENDOR, in writing, of
such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR 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) business days of when notice was sent by BBCRA, BBCRA may declare a default
of the Agreement and notify VENDOR of such declaration of default and terminate the Agreement.
The Surety on the Performance Bond shall within ten (10) business days of such declaration of
4907-3469-0305, v. 2 466
default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement
and assume the Work of VENDOR and proceed to perform Work under the Agreement, at its own
cost and expense.
Upon such declaration of default, all payments remaining due VENDOR at the time
of default, less all sums due BBCRA 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
VENDOR had the VENDOR continued to perform the services under the
Agreement.
ii. BBCRA 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 VENDOR and/or the Surety together with the costs
incident thereto to such default.
iii. In the event BBCRA completes the Agreement t a lesser cost than would have
been payable to VENDOR under this Agreer���� if the same had been fulfilled by
VENDOR, BBCRA shall retain such differe000s. Should such cost to BBCRA be
greater, VENDOR shall pay the amount ofpsuc�1" cess to the BBCRA.
iv. Notwithstanding the other provision ';''�h this Article BBCRA reserves the right to
i
terminate the Agreement at any fi f(, whe, ever the s ,,'ice provided by VENDOR
fails to meet reasonable standar , of t rade after BBCRA gives written notice
iia,
to the VENDOR of the deficiencie % a t forth in the written notice within fourteen
(14) calendar days of th%,ceipt by V��,DOR of such notice from BBCRA.
21. UNCONTROLLABLE FORCES.
21.1 Neither the BBCRA n✓OOR 0"1i be considered to be in default of this Agreement if
delays in or failure �perfoft`IIance' II be due to Uncontrollable Forces, the effect of
which, by the exe,se of"��ble' figence, the non-performing party could not avoid.
The term Uncontr 1 I �b'rbes x I mean any event which results in the prevention or
delay of pelf nc' , ya party of its obligations under this Agreement and which is
beyond t le '54,,t of of the non-performing party. It includes, but is not limited
to fireod, ea� akes' storms, lightning, epidemic, war, riot, civil disturbance,
sabotac nd gover ental actions.
�f
21.2 Neither part}fall Abwever, be excused from performance if non-performance is due to
forces which
a% forces 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.
22. NOTICES. Notices to the BBCRA shall be sent to the following address:
Timothy Tack, Executive Director
City of Boynton Beach
100 E. Ocean Avenue, 4th Floor
Boynton Beach, FL 33435
Telephone No. (561) 600-9093
Notices to VENDOR shall be sent to the following address:
ATTN:
4907-3469-0305, v. 2 467
Address:
Phone:
Email:
23. INTEGRATED AGREEMENT. This agreement, together RFQ 25-001, any attachments, and addenda
thereto, represents the entire and integrated agreement between the BBCRA and the VENDOR and
supersedes all prior negotiations, representations, or agreements written or oral. This agreement may
be amended only by written instrument signed by both BBCRA and VENDOR. The documents listed
below are a part of this agreement and are hereby incorporated by reference, as though fully set forth
herein. In the event of inconsistency between the documents, unless otherwise provided herein, the
terms of the following documents will govern in the following order of precedence:
A. Terms and conditions as contained in this Agreement.
B. Terms and conditions contained in RFQ No. 25-001,
thereto.
C. Vendor's response to RFQ No. 25-001 and any su�
Vendor during the evaluation and negotiation proq#rl
24. PUBLIC RECORDS. The Vendor shall comply with Flo
VENDOR shall:
A. Keep and maintain public recor%quirerY the
any attachments and addenda
information submitted by
Records Law. Specifically, the
to perform the service;
B. Upon request from the BBCRA's dd# ian of public records, provide the BBCRA
with a copy of the reque records &*"ow the records to be inspected or copied
Ust within a reasonable tim, th�t�es not exceed the cost provided in
Chapter 119, Fla. Stat oras rovided by law;
C. Ensure that p IIc reofards tl�� `are exempt or that are confidential and exempt from
public rec�isclose req ments are not disclosed except as authorized by
law for the ratio "'", c act term and, following completion of the contract,
VENDOR s1�� Iamta111111 ecured manner all copies of such confidential and
exeor maining in its possession once the VENDOR transfers the
rdslo„
Vision to the BBCRA; and
D "V,,,Pon complen of the contract, Vendor shall transfer to the BBCRA, at no cost
tome BBC';` all public records in VENDOR'S possession. All records stored
elec rt c Vk by VENDOR must be provided to the BBCRA, upon request from the
BBCR� custodian of public records, in a format that is compatible with the
information technology systems of the BBCRA.
IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)600-9093;
100 E. Ocean Avenue, Boynton Beach, Florida 33435, TackT(a-bbfl.us.
25. E -VERIFY. VENDOR is used interchangeably with CONTRACTOR throughout this Section. VENDOR
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.
A. Definitions for this Section:
4907-3469-0305, v. 2 468
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 employmet duties within Florida during the
term of the contract; /%' n
ii. All persons (including sub-vendors/sub-consultants/swuca���ctors) assigned by Contractor to
perform work pursuant to the contract with the QBCRA. &Contractor acknowledges and
agrees that registration and use of the U.S. ,D partment of%bmeland Security's E -Verify
System during the term of the contract is a cition othe contra the BBCRA; and
iii. The Contractor shall comply with the provisio(Section 448.095, Fla. Stat., "Employment
Eligibility," as amended from time to e. This M Iudes, but is not limited to registration and
utilization of the E -Verify System to,,,/,,/",/`%V% he wo °::,authorization status of all newly hired
employees. Contractor shall also req1 ntractors to provide an affidavit attesting that
the subcontractor does not employ, cont it ,� subcontract with, an unauthorized alien.
The Contractor shall main14 /9py oftch affidavit for the duration of the contract. Failure
OWN
to comply will lead to to , �tratiort bf this ntract, or if a subcontractor knowingly violates the
statute, the subcontra'must b erminat ,immediately. Any challenge to termination under
this provision must be ffV�ircor�ourt no later than twenty (20) calendar days after the
date of terminatio rm � n of this Contract under this Section is not a breach of contract
and ma not '""" / n � f
y dauch. If this contract is terminated for a violation of the statute
by the Cor���wtor the ;` ractor'may not be awarded a public contract for a period of one (1)
year after 6f *te of ter i ation.
26. SCRUTINIZED COMPANIES2/011135 and 215.473. By submission of this RFQ, vendor certifies that
vendor is not artici atin i boycott of Israel. Vendor further certifies that vendor is not on the
p P g"'�, , Y
Scrutinized Companies that' oycott 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 Vendor been engaged in business operations in Syria. Subject to limited exceptions
provided in state law, the BBCRA 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 BBCRA shall provide notice, in writing, to Vendor of the BBCRA's
determination concerning the false certification. Vendor 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, Vendor 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 Vendor does not
demonstrate that the BBCRA's determination of false certification was made in error then the BBCRA
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.
27. SOVEREIGN IMMUNITY. The BBCRA is a political subdivision of the State of Florida. Nothing in this
Agreement is intended, nor shall be construed or interpreted, to waiver or modify the immunities and
limitations on liability provided for in Section 768.28, Florida statute, as may be amended from time to
time, or any successor statute thereof. To the contrary, all terms and provisions contained in the
4907-3469-0305, v. 2 469
Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to ensure
BBCRA of the limitation from liability provided to any successor statute thereof.
28. MISCELLANEOUS.
A. No assignment by a party hereto of any rights under or interests in this Agreement 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 this
Agreement.
B. BBCRA and VENDOR each bind itself, their partners,
representatives to the other party hereto, their partners,
representatives in respect of all covenants, agreements,
Agreement.
C. In the event that either party brings suit for enforcement of t�
its own attorney's fees and court costs, except as otherwi
provisions set forth herein above.
successors, assigns, and legal
successors, assigns, and legal
and obligations contained in this
reement, each party shall bear
ided under the indemnification
D. Prior to final payment of the amount due under the t�f�f"s of this Agee ent, to the extent permitted
by law, a final waiver of lien shall be required sub fitted by VENDOR, as well as all
suppliers and subcontractors whom worked o j pro' that is the subject of this Agreement.
Payment of the invoice and acceptance of such pi by VENDOR shall release BBCRA from
all claims of liability by VENDOR in conn/ration with ilf Agreement.
E. At all times during the performance of tl
from all damage whatsoever on account
NDOR shall protect BBCRA's property
carried on under this Agreement.
F. It shall be the VENDOR's r ' onsibif�y to b� ware of and comply with all statutes, ordinances,
rules, orders, regulations nd re Wement 1%f all local, city, state, and federal agencies as
applicable.®R irrr
l�l
,ion, r`
G. This Agreement r�� s ���/ , e e�ifire and integrated agreement between BBCRA and VENDOR
�o,
and supersede ��I prior ne atio � representations, or agreements, either written or oral. This
Agreement is ir��; ded by th arties hereto to be the final expression of this Agreement, and it
constitutes the ful ted entirefderstanding between the parties with respect to the subject hereof,
notwithstanding any lete e fations, statements, or agreements to the contrary heretofore made.
In the event of e conflic � ��een this Agreement, the solicitation, and the VENDOR's bid proposal,
this Agreement shall govern then the solicitation, and then the bid proposal. This Agreement may
be amended only by written instrument signed by both BBCRA and VENDOR.
H. This Agreement will take effect on the Effective Date. 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
29. FEDERAL REQUIREMENTS.
Notwithstanding anything to the contrary set forth herein, vendor shall comply with all applicable
federally required standard provisions whether set forth in Section 4.0-A of RFQ 25-001, in 2 CFR Part
200, or otherwise. Any reference made to VENDOR in this section shall also apply to any subcontractor
under the terms of this Agreement.
4907-3469-0305, v. 2 470
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and
year set forth below their respective signatures.
DATED this day of 20,
Boynton Beach Community Redevelopment Agency
Ty Penserga, Board Chair (Authorized Official Name), (Vendor)
Print Name of Authorized Official
Title
Approved as to Form and Legal
4907-3469-0305, v. 2
471
BOY
ATTACHMENTS
4907-3469-0305, v. 2
472
ATTACHMENT "A": INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the BBCRA requires appropriate coverages
listing the Boynton Beach Community Redevelopment Agency as Additional Insured. This is done by providing a
Certificate of Insurance listing the BBCRA as "Certificate Holder" and "The Boynton Beach Redevlopment Agency
is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must
have a current rating by A.M. Best Co. of "B+^ or higher. (NOTE: An insurance contract or binder may be accepted
as proof of insurance if Certificate is provided upon selection of vendor.) Thefollowing is a list of types of insurance
required of contractors, lessees, etc., and the limits required by the BBCRA: (NOTE: This list is not all inclusive,
and the BBCRA reserves the right to require additional types of insurance, or to raise orlower the stated
limits, based upon identified risk.)
------------------------------------------------------------------------------•------------------
TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED
-------------------------------------------------------------------------------------------------
General Liability
Commercial General Liability
Owners & Contractor's Protective (OCP)
Asbestos Abatement
Lead Abatement
Broad Form Vendors
5,000.00
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability
Automobile Liability
Any Auto
All Owned Autos
Hired Autos
Non -Owned Autos
Excess Liability
Umbrella Form
Worker's Compensation
Employer's Lial
Property:
Homeowners Revocable Permit
Builder's Risk
Installation Floater
-----------------------------------------------------------------
Other - As Risk Identified to be determined
-----------------------------------------------------------------
INSURANCE ADVISORY Revised 04/2021
General Aggregate $ 1,000,000.00
Products-Comp/Op Agg. $ 1,000,000.00
Personal & Adv. Injury $ 1,000,000.00
Each Occurrence $ 1,000,000.00
Fire Damage (a ,one fire) $ 50,000.00
Med. Expens y one person) $
Aggregate - $1,000,000.00
Limit $ 1,000,000.00
Each Occurrence to be determined
Aggregate to be determined
Each Accident $ 1,000,000.00
Disease, Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
$ 300,000.00
Limits based on Project Cost
Limits based on Project Cost
4907-3469-0305, v. 2 473
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII���UV�V'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
CRA PROJECTS IN PROGRESS
AGENDA ITEM 16.A
SUBJECT:
Rock the Block Recap
SUMMARY:
On Saturday, December 7, 2024, the Boynton Beach CRA hosted the Rock the Block from
4:00 PM to 9:00 PM in Downtown Boynton Beach.
EVENT RECAP
• The event took place at Dewey Park, located at 100 NE 4th Street and along portions of
East Ocean Avenue between NE 3rd Street and Federal Highway.
• The free family -friendly event directly followed the City of Boynton Beach Holiday
Parade.
• The multi -block event featured live music from the band Making Faces, food and
beverages from downtown restaurants, family -friendly activities and games, a visit from
Santa Claus, and exhibits from local businesses.
• Event attendees were encouraged to enjoy festivities, stroll the avenue, shop with
merchants and vendors, and dine at restaurants.
• Project boards were displayed to disseminate information about the E. MLK Jr. Blvd.
Entry Feature Project and to encourage attendees to take the input survey.
MARKETING RECAP
• Atlantic Current - A full page ad was published in the Atlantic Current to promote the
event. The Atlantic Current is a free publication that is distributed throughout Palm
Beach County and has an average readership of 27,000+ (see Exhibit A). Cost: $800
• Coastal Star - One (1) quarter -page ad was published in the Coastal Star to promote the
event. The Coastal Star newspaper serves the eastern community of Hypoluxo Island,
South Palm Beach, Manalapan, Ocean Ridge, Briny Breezes, Gulf Stream and coastal
Delray which reaches out to that specific demographic (see Exhibit B). Cost: $525
• Neighborhood News - One (1) full page ad was featured in the Neighborhood News to
promote the event and recruit captains to participate in the festivities. The Neighborhood
News publication is a great way to reach out to the western Boynton Beach
communities. The publication is mailed to 17,500 homes/clubhouses, with over 10,000
474
additional subscribers that read the digital edition online and on Facebook (see Exhibit
C). Cost: $450
• Postcards - A promotional postcard was created to promote four of the City & BBCRA
holiday activations - Tree Lighting, Holiday Parade, Rock the Block, and Holiday Boat
Parade (see Exhibit D). Cost: $109
• Posters - A promotional poster was created and distributed to various locations
throughout Boynton Beach, including City of Boynton Beach facilities and local
businesses (see Exhibit E). Cost: $69
• Social Media - The Boynton Beach CRA social media platforms were utilized to promote
a variety of paid and organic social media marketing initiatives. Various posts were
created to promote the event and to recruit captains to participate in the festivities (see
Exhibit F). Cost: $1,000
• Street Signs - Custom street signs were designed and installed at various locations
throughout Boynton Beach to promote the event (see Exhibit G). Cost: $1,075
FISCAL IMPACT:
FY 2024-2025 Budget, Project Fund, Line Item 02-58500-480 $40,000.
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan
CRA BOARD OPTIONS:
No action is required from the CRA Board at this time.
ATTACHMENTS:
Description
• Exhibits A -G
475
EXHIBIT A
EXHIBIT B
477
EXHIBIT C
478
EXHIBIT D
479
EXHIBIT E
480
EXHIBIT F
Boynton IBeach CRA x
Are you a vendor looking to boost your Hoday sahes'
Sign up to particiipate at Roc�k the 134ock in Boynton Beach!
This event takes place Saturday. Decernber 7th from 4-9pm
irnme&ately following the oty's Holiday Parade in downtown. Dick to
Nearn more.
:,arm mnare
Holiday Vendors
Wantec!� Leann moire
Share
Boynton Beach CRA :, eatesr ar, event,
0,,�obeg 25,01, M 3C,A11A
Holiday Ver
Wanoted p
SIe:.: 7 at 4 rl%",,
Rock the B[ock
Pa � k , 00 E I, P, Ij hrec.,,, i'oy�, �'! o Y ra r. h, R 1,34 .3, r.-,
6 C o,ng
.1 i , Iis,b, te e,c, cl
See Insights ard ad:,
0,0 'q
F W" � I cm,
481
I
'W%Rli V
Iffiv
A
F,
sg�/", A,
H
December 6 15 pm -9 pm
Centennial Park &
Amphitheater
-CITY OP -
oo December 71h
4pm-9pm
Downtown
Boynton Beach
?/ 100 N.E.4th St.
BoyntonBeachCRA.com
December 7 14 pm -9 pm
December 7 14 pm -6 pm Dewey Park
Downtown Boynton
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII���UV�V'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
CRA PROJECTS IN PROGRESS
AGENDA ITEM 16.13
SUBJECT:
Social Media & Print Marketing Update
SUMMARY:
Throughout the month of November, a variety of marketing efforts were made to promote
various BBCRA initiatives and projects, as well as, a variety of local businesses that operate
within the BBCRA area.
Social Media Marketing
• BBCRA Project Posts:
o Coastal Cruiser and E. MLK Jr. Blvd. Entry Feature Project
• Business Promotional Posts: Utilized Facebook and Instagram feed and stories to
promote a variety of businesses, such as:
o The Butcher & The Bar, Captain Frank's, Main Street Car Wash, and Spectrum
Studios
• Promotional Events
o Holiday Boat Parade, Rock the Block, and Snapshots with Santa
Digital Marketing
• Blog Posts: Promoted the following blogs on Boynton Beach Insider.com:
o New Flavors to Savor in East Boynton Beach, Get Fit and Fierce: Discover
Boynton Beach's Trilogy Fitness MMA, Discover Boynton Beach: Your Gateway to
Adventure and Deep Sea Fishing, Red Light, Green Light! Big News for the
Coastal Cruiser, Blueheart Adult Day Care Center.
• Redevelopment Works Newsletter:
• ROK Prime Korean BBQ
• Safai
• Kabuki
• MLK Entry Feature
• Coastal Cruiser
• Trilogy MMA Fitness
• Boynton Harbor Marina
• Blueheart Adult Day Care Center
483
• Calling All Captains - Holiday Boat Parade
• Holiday Events in Boynton Beach
See Attachment I for an overview of the social media and print marketing that were published
in November, and Attachment II for a full listing of the Facebook and Instagram posts that
were shared.
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan
CRA BOARD OPTIONS:
No action is required at this time unless otherwise determined by the CRA Board.
ATTACHMENTS:
Description
• Attachment I - December Social Media Marketing Overview
• Attachment II - December Facebook and Instagram Posts
484
Q
0
w
75;
q
cn
cn
0
CL
67J
LU
mn0
w
CL
J
Q
0
0
cn
rcJ
LL
U
I
U C3
W.
J
fps
l
1
Nal
:,
i
0 u �
Eo
r
CL
co
w
}
3
�T
G
C
u
Y�
r
aC' J
4T ". '4 N yy., FiJ "
/
1/% �
[9' X'".
t7 .y
81
1
O
W S5
�l
U
Y
co
w
cn
U)
O
CL
LU
Z
D
m
1
a
0
LU
J
Q
U
O
cn
ti
w
Lr
1
� a
f.
1
k, 4
4
A
ti
w
f.
1
Vii,
ti
w
U)
O
CL
LU
z
-
D
1
a
0
LU
J
Q
U
O
CJ)
00
00
It
IIII IV
I „YIWL,I�Y I"ii
` ��
1/
•. C��� / /�/ j
is
u
Y
v
MMXMk
jM' 4.Y
*.
l
U C
V 45
Y
r
00
00
It
IIII IV
I „YIWL,I�Y I"ii
` ��
is
u
Y
v
jM' 4.Y
l
U C
V 45
00
00
It
z
W
W
Q
D
LU
2
J
Q
U
O
cn
CD
Ln
+j
Ln
a_0
E
4--j
Ln
C:
06
_lz
0
0
ZLU
m
Li-
81
ell,
Ell
2
z
rJ
Z z T fa
z Z 2
IVI
V,
o
o
t'll
a11
o
oo
o
clo
oo
o o
M m co (D
�Ll
6
111,2,
iii
eY
o
1�
eb
Q
rl)
LD
L
ND
it
16
It
II
lb
(19
"I U
C�l
C
C3
A
�4'
Ln
+j
Ln
0
a_
E
4--j
Ln
C:
06
_lz
0
0
U
m
Li-
Ln
+j
0Ln
a_
E
4--j
Ln
C:
06
_lz
0
0
U
m
Li-
\
tA
V. tA V
61
\\
\\
\{
fw
\\
;
\:
\)
\{ { { > r }\ I ;z
16
14
\{ 2) \\ \) f)
\\
\\
\�
\\
\� \\ \\ \\ \\ \\
/1
f /
a
/j
2
2
�D 16 a GI V A
Ln
+j
Ln
0
a_
E
4--j
Ln
C:
06
_lz
0
0
U
m
Li-
� I "I 1� � � I , I �] �,, I "i I
1*
CY)
Iq
Ln
V
0
a_
E
ca
ru
ca
tn
C:
06
_lz
0
0
U
m
LL.
I u I w I p I I 1 11 ;1 21 a I a I I I
11 11 11 1., . I 01 11
LO
CY)
Iq
a go
ELL
a
UM
40
60 to to w to a o
M-MMANIN
LO
CY)
Iq
Ln
+j
Ln
0
a_
E
4--j
Ln
C:
06
_lz
0
0
U
m
Li-
10YN10N
Levo
%BEACH
���e�� uououuu �RA
OII,�00�U'�h�1�' "!1 I
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 10,
2024
CRA PROJECTS IN PROGRESS
AGENDA ITEM 16.0
SUBJECT:
CRA Economic & Business Development Grant Program Update
SUMMARY:
The CRA's reimbursable Economic Development Grants provide 50% of the project costs in
matching funding for rent and commercial property improvements. The grant programs
continue to further the CRA's mission to activate vacant commercial space, assist businesses,
create jobs and develop a vibrant downtown. Grant guidelines and applications can be
downloaded from the CRA website www.boyntonbeachcra.com.
Below is a status report of the CRA's Economic Development Grant Programs and Business
Development activities for FY 2024-2025:
FY 2024-2025
Budget
$600,000
Grants Awarded
Grant Amount
Since October 8,
($213,450)
2024
$25,000
Remaining Fund
Balance as of
$386,550
12/3/24:
1505 S. Federal Highway
List of CRA Board approved Economic Development Program Grantees since October
8, 2024:
Business Name
Address
Grant
Grant Amount
Chow Hut LLC
425 NE 4th Street
Property
$25,000
Improvement
Design Stop LLC
1505 S. Federal Highway
Rent
$21,000
Reimbursement
Spectrum Innovations Inc.
1300 W. Industrial Avenue,
Rent
$11,700
Unit 113
Reimbursement
497
The Meaning Channel Group
1210 S. Federal Highway, Unit
Rent
$15,750
LLC
101
Reimbursement
1815 S. Federal Highway
Chiropractor
Dace Barber LLC
Rent
Barber
Thai Venture Group LLC d/b/a
321 E. Woolbright Road
Reimbursement
$84,000
Kabuki Sushi Thai Tapas
Auto Detailing
Property
Improvement
Pending December 10, 2024
Rent
Loveli Tea LLC
306 E. Boynton Beach
Reimbursement $56,000
Boulevard
Property
Improvement
List of new Business Tax Receipts issued in the CRA boundaries in November 2024:
Business Name
Address
Business Use
Smooth You Wax Studio
632 E. Ocean Avenue
Facial Salon
Within Chiropractic LLC
1815 S. Federal Highway
Chiropractor
Dace Barber LLC
413 S. Federal Highway
Barber
FC Craft Products LLC
510 Industrial Avenue
Merchant/Retail
CJE Services Inc.
1040 W. Industrial Avenue, Unit 4
Auto Detailing
FISCAL IMPACT:
FY 2024-2025 Budget, Project Fund, Line Item 02-58400-444, $600,000
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan
CRA BOARD OPTIONS:
No action is required at this time unless otherwise determined by the CRA Board.
498