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Agenda 08-05-25The City of Boynton Beach City Commission Agenda Tuesday, August 5, 2025, 6:00 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Rebecca Shelton, Mayor (At Large) Woodrow L Hay, Vice Mayor (District II) Angela Cruz, Commissioner (District I) Thomas Turkin, Commissioner (District III) Aimee Kelley, Commissioner (District IV) Daniel Dugger, City Manager Shawna Lamb, City Attorney Maylee De Jesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org Welcome Thank you for attending the City Commission Meeting 1 General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disrupts the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City Commission Meeting is in session. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or 2 1.Openings A.Call to Order - Mayor Rebecca Shelton participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: https://www.boynton-beach.org/748/Watch-City-Commission-Meetings 2. Watch the meeting online and provide public comment during the meeting: YouTube channel (https://www.youtube.com/@cityofboynton). Please click onto the description / more tab under the video player to see: *The Agenda link *Live-To-Air Public Comment link *Instructions on how to make a comment link *Tech Support hotline number If you are following the agenda and want to speak specifically during the agenda item labeled “Public comments”, you are permitted to start the connectivity process during the item that precedes public comments to ensure that all contributors are in que, screened and ready when that segment of the agenda is presented, or please wait until your topic of concern is being discussed before requesting to join the meeting for public comment. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. *Presenters, Consultants, and Subject Matter Experts (SME) may join at any time with prior approval. For additional information or for special assistance prior to the meeting, please contact Maylee De Jesús, City Clerk at cityclerk@bbfl.us or (561) 742-6061. Roll Call. 3 2.Other A.Information Items by members of the City Commission. 3.Announcements, Community and Special Events And Presentations A.Proclamation designating the City of Boynton Beach as a Purple Heart City. 4.Public Audience 5.Administrative A.Advisory Board Appointments.- Tabled at the July 15, 2025 Meeting. 6.Consent Agenda A.Proposed Resolution No. R25-199- Approving a Subcontract Agreement for Bicycle and Pedestrian Focused Initiative with the Florida Department of Transportation (FDOT) through a grant with the University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management (IPTM) in an amount not to exceed $5,389.98. Invocation by Pastor Bob Bender, Christ Fellowship Church. Pledge of Allegiance to the Flag led by Commissioner Turkin. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. Mayor Shelton will read a proclamation into the record declaring the City of Boynton Beach as a Purple Heart City, signifying its commitment to honor and support United States Military Veterans, especially those who have experienced the direct impact of combat. Alfonso Duque, local Purple Heart Veteran, will be accepting the proclamation. Mr. Duque fought in Afghanistan from 2012-2013 during Operation Enduring Freedom. He was a part of the Naval Mobile Construction Battalion Fourteen, and trained in Mississippi, the Great Lakes, California, and Virginia Beach, and also spent time in Puerto Rico and Germany. Mr. Duque was injured on October 2nd, 2012 and he received his Purple Heart in November of 2012. He was injured as a Petty Officer Second Class and retired as a Petty Officer First Class. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Speakers will be limited to 3-minute presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission). City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Staff recommends approval of Proposed Resolution No. R25-199. 4 B.Proposed Resolution No. R25-200- Amending the City's Procurement Policy to require three written quotes for Personal Property, Commodities, and Services (Non- Construction) purchases between $20,000.01 and $75,000, with Commission approval and/or formal bidding required for amounts exceeding $75,000.01. C.Proposed Resolution No. R25-201- Approve the Literacy AmeriCorps Palm Beach County Cooperative Agreement 2025 - 2026, as well as any future contracts. D.Proposed Resolution No. R25-202- Adopt the City of Boynton Beach's Community Development Block Grant (CDBG), Fourth Year Annual Action Plan for FY 2025. 7.Consent Bids and Purchases A.Proposed Resolution No. R25-203- Approve a purchase order with JC White Interior Architectural Products in the amount of $129,172.15 utilizing a piggyback of FL Contract #56120000-24-NY-ACS for the purchase of 450 event chairs and 45 stacking carts for the Arts and Cultural Center. B.Proposed Resolution No. R25-204- Award Invitation to Bid No. 25-020RB for Pre- Chlorinated Pipe Bursting of Portable Water Mains to Murphy Pipeline Contractors, LLC as the primary Contractor and Killebrew, Inc., as the secondary Contractor, and approve an Agreement with each awarded Contractor in an amount not to exceed $10,000,000 for the full term of the contract. C.Proposed Resolution No. R25-205- Approve a Sole Source Agreement with SmartCover Systems for remote sewer monitoring services in an amount not to exceed $140,395 during the initial term and all extension terms. D.Proposed Resolution No. R25-206- Approve Amendment No. 2 to Task Order No. UT-3E-04 (PO #221711) with West Architecture and Design, LLC for professional architectural and engineering services relating to the West Water Treatment Plant Water Quality Lab Improvements and Miscellaneous Upgrades, for additional Construction Administration Services for the Project and increasing the total fee of the Task Order to $247,280. E.Proposed Resolution No. R25-207- Approving an increase to the annual expenditure from $90,000 to $140,000 for Tiresoles of Broward, Inc., d/b/a Elpex Tire, an authorized vendor of The Goodyear Tire and Rubber Company, for the purchase of recap/retread tires for the City's Fleet. Staff recommends approval of Proposed Resolution No. R25-200. Staff recommends approval of Proposed Resolution No. R25-201. Staff recommends approval of Proposed Resolution No. R25-202. Staff recommends approval of Proposed Resolution No. R25-203. Staff recommends approval of Proposed Resolution No. R25-204. Staff recommends approval of Proposed Resolution No. R25-205. Staff recommends approval of Proposed Resolution No. R25-206. Staff recommends approval of Proposed Resolution No. R25-207. 5 F.Proposed Resolution No. R25-208- Approve an increase in the total expenditure with Cintas Corporation on an as-needed basis for an annual expenditure not to exceed $85,000. G.Proposed Resolution No. R25-209- Approve Amendment No. 2 to the Piggyback Agreement between the City and Everon, LLC for Facility Technology Integration & Security System Services, increasing the annual expenditure from $150,000 to $200,000. H.Proposed Resolution No. R25-210- Approve a $20,000 increase to the total expenditure for Vinnie's Auto Body Shop, resulting in a revised annual not-to-exceed amount of $70,000 for FY25. I.Proposed Resolution No. R25-211- Approve Amendment No. 2 to Contract No. 009- 2511-20/RW for Town Square/City Facilities Maintenance Services between the City and ABM Industry Groups, LLC removing landscaping maintenance services and renewing the Agreement through August 10, 2030. J.Proposed Resolution No. R25-212- Approving increasing the expenditure for NMS Management Services from $45,000 to an amount not to exceed $70,000. K.Proposed Resolution No. R25-213- Approve the trade-in of the City's existing 2008 SPH fire apparatus for $350,000 to Brindlee Mountain Fire Apparatus. The trade-in value will be applied directly to reduce the fiscal obligation of the new SPH100 unit currently on order from Sutphen Corporation. L.Approve the annual expenditure and authorize the Mayor to sign the renewal amendments for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in Exhibit A for August 5, 2025 - "Request for Extensions and/or Piggybacks." 8.Public Hearing 6 P.M. or as soon thereafter as the agenda permits. T he City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A.Proposed Ordinance No. 25-010- Second Reading, an Ordinance of the City of Boynton Beach, Florida, amending Code of Ordinances Part III, Land Development Regulations, Chapter 2, Land Development Process, Article VI, Impact and Selected Fees, and providing an effective date. Staff recommends approval of Proposed Resolution No. R25-208. Staff recommends approval of Proposed Resolution No. R25-209. Staff recommends approval of Proposed Resolution No. R25-210. Staff recommends approval of Proposed Resolution No. R25-211. Staff recommends approval of Proposed Resolution No. R25-212. Staff recommends approval of Proposed Resolution No. R25-213. Staff recommends approval. Staff recommends approval of Proposed Ordinance No. 25-010, on Second reading. 6 9.City Manager’s Report A.Discussion of comprehensive updates to municipal parking regulations and comparative analysis with various municipalities located in Palm Beach County. 10.Regular Agenda A.Proposed Ordinance No. 25-006- First Reading, An Ordinance of the City Commission of the City Of Boynton Beach, Florida, Amending Part II, Chapter 27, Article I, Section 27-2 "Board or Committee Member Selection; Organization; Qualifications; Term," establishing limited authority to waive certain appointment requirements; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. B.Proposed Ordinance No. 25-011- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Chapter 2, Article III "Elections" of the City Code Ordinances, to re-title Section 2-42 to read "Candidate Requirements and Qualifications, Official Ballot, and Filing Fees" establishing qualifying requirements, modifying the number of petitions required to run for office, and the amount of the Campaign Filing Fee; and creating Section 2-48 entitled "Campaign Signs- Bonds, Penalties, and Financial Responsibility;" providing for codification; providing for severability; providing for conflicts; and providing for an effective date. C.Proposed Resolution No. R25-214- Ratify the selection of members appointed to the Charter Review Committee by each member of the City Commission, and discussion of first public meeting. 11.Future Agenda Items A.Proposed Ordinance No. 25-XXX- First Reading, of an ordinance regarding construction hours near residential locations and decibel levels.-TBD B.Discussion regarding creating a beautification board. - TBD C.Discussion regarding Citywide Master Plan to light up the City.- TBD D.Discussion regarding requirements for Advisory Board Appointments.- Pending meeting with Commissioner Kelley Provide direction to staff regarding proposed amendments or additions to the City Code related to stopping, standing, parking, and storage prohibitions, with consideration of adopting enhanced standards similar to those implemented by various municipalities located in Palm Beach County. This item was tabled at the May 6, 2025 City Commission Meeting. Staff recommends approval of Proposed Ordinance No. 25-006, on first reading. Staff recommends approval of Proposed Ordinance No. 25-011, on first reading. Staff recommends approval of Proposed Resolution No. R25-214. Staff recommends approval of Proposed Ordinance No. 25-XXX, at first reading. Requested by Commissioner Turkin. Requested by Commissioner Turkin. Requested by Commissioner Kelley. 7 E.Discussion on utility lift station upgrades and odor control - TBD F.Discussion in regards to an additional area that might be available as a future cemetery.- Pending meeting with City Real Estate Manager. G.Discussion regarding combining City properties together to create senior affordable housing.- Pending Joint Meeting with the CRA. H.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz I.Discussion regarding increasing the City Manager's procurement limit to $75,000 for Services. - TBD J.Discussion regarding the expansion of ShotSpotter south of Boynton Beach Boulevard.- TBD K.Update on the City's Strategic Planning efforts. - TBD L.Discussion regarding bulk trash pickup. - TBD 12.Adjournment Requested by Vice Mayor Hay. Requested by Vice Mayor Hay. Requested by Vice Mayor Hay. Requested by Commissioner Cruz. Discussion requested by Mayor Rebecca Shelton. Discussion requested by Commissioner Thomas Turkin. Update requested by Commission Woodrow Hay. Discussion requested by Commissioner Angela Cruz. Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact the City Clerk's office, (561) 742-6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the City to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication of the agenda on the City's web site. Information regarding items added to the agenda after it is published on the City's web site can be obtained from the office of the City Clerk. 8 City of Boynton Beach Agenda Item Request Form 3.A Announcements, Community and Special Events And Presentations 08/ 5/2025 Meeting Date: 08/ 5/2025 Proclamation designating the City of Boynton Beach as a Purple Heart City. Requested Action: Mayor Shelton will read a proclamation into the record declaring the City of Boynton Beach as a Purple Heart City, signifying its commitment to honor and support United States Military Veterans, especially those who have experienced the direct impact of combat. Alfonso Duque, local Purple Heart Veteran, will be accepting the proclamation. Mr. Duque fought in Afghanistan from 2012-2013 during Operation Enduring Freedom. He was a part of the Naval Mobile Construction Battalion Fourteen, and trained in Mississippi, the Great Lakes, California, and Virginia Beach, and also spent time in Puerto Rico and Germany. Mr. Duque was injured on October 2nd, 2012 and he received his Purple Heart in November of 2012. He was injured as a Petty Officer Second Class and retired as a Petty Officer First Class. Explanation of Request: The proclamation is in advance of Purple Heart Day, which is observed annually on Aug. 7, to honor and remember all members of the U.S. Military who have been wounded or killed in action. This is an effort to publicly honor and recognize the sacrifices made by Combat-Wounded Veterans. This designation reflects a City's deep respect, gratitude and commitment to those who have selflessly served and suffered in defense of our nation. How will this affect city programs or services? This designation is a tangible symbol of honor and remembrance, and a step toward creating a community that actively upholds the values of service, sacrifice and gratitude. Becoming a Purple Heart City: demonstrates civic pride and patriotism, uniting residents in honoring our local heroes. raises awareness of the costs of freedom and the personal stories behind Military service. inspires a culture of support for Veterans and Military families, often encouraging further Veteran-related programs, services or commemorations. sends a clear message to Veterans and their families that their sacrifices are not forgotten and that they are always valued and supported by their #TeamBoynton hometown. Account Line Item and Description: N/A 9 Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Purple Heart City Proclamation.docx 10 Proclamation WHEREAS, the City of Boynton Beach, in the State of Florida, has always supported its Military Veteran population; and WHEREAS, the Purple Heart is the oldest Military decoration in present use and was initially created as the Badge of Military Merit by General George Washington in 1782; and WHEREAS, the Purple Heart was the first American service award or decoration made availab le to the common soldier, and is specifically awarded to members of the United State Armed Forces who have been wounded or paid the ultimate sacrifice in combat, with a declared enemy of the United States of America; and WHEREAS, the mission of the Military Order of the Purple Heart is to foster an environment of goodwill among the combat- wounded Veteran members and their families, promote patriotism, support legislative initiatives, and most importantly- make sure we never forget; and WHEREAS, the City of Boynton Beach and the Palm Beach County area have a large, highly decorated Veteran population, including many Purple Heart recipients; and WHEREAS, the City of Boynton Beach appreciates the sacrifices our Purple Heart recipients made in defending our freedoms, and believe it is important that we acknowledge them for their courage and show them the honor and support they have earned; and WHEREAS, the City of Boynton Beach would like to recognize Alfonso Duque, local Purple Heart Veteran, who will be accepting the proclamation. Mr. Duque fought in Afghanistan from 2012-2013, during Operation Enduring Freedom. He was a part of the Naval Mobile Construction Battalion Fourteen, and trained in Mississippi, the Great Lakes, California, and Virginia Beach, and he also spent time in Puerto Rico and Germany. Mr. Duque was injured on October 2nd, 2012 and he received his Purple Heart in November of 2012. He was injured as a Petty Officer Second Class and retired as a Petty Officer First Class. NOW, THEREFORE, I, Rebecca Shelton, Mayor of the City of Boynton Beach, Florida, do hereby proclaim August 7, 2025 as A PURPLE HEART CITY and encourage the citizens of the City of Boynton Beach to show their appreciation for the sacrifices that the Purple Heart recipients have made in defending our freedoms, to acknowledge their courage, and to show them the honor and support they have earned. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 5th day of August, Two Thousand Twenty-Five. Rebecca Shelton, Mayor ATTEST: Maylee De Jesús, MPA, MMC, City Clerk 11 City of Boynton Beach Agenda Item Request Form 5.A Administrative 08/ 5/2025 Meeting Date: 08/ 5/2025 Advisory Board Appointments.- Tabled at the July 15, 2025 Meeting. Requested Action: City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: The City Clerk's Office has received applications from City residents who are seeking to become new board members. The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep City Advisory Boards full and operating as effectively as possible. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Advisory_Board_Appointments_Reappointments_and_Applicants_for_August 5 2025.docx Wendy Chalssaint - Building Board of Adjustments & Appeals.pdf Abhi Kanthan Historic Resources Preservation Board.pdf Amanda Cowan - Recreation and Parks Advisory Board.pdf William -Bill- Perkings - Senior Advisory Board.pdf 12 Advisory Board Vacancies August 5, 2025 Art Advisory Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms IV Kelley Alternate Vacant Applicants: None Building Board of Adjustment and Appeals Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz Regular Vacant Vice Mayor Hay Regular Vacant III Turkin Regular Vacant IV Kelley Regular Vacant I Cruz Alternate Vacant Applicant: Wendy Chalssaint Education and Youth Advisory Board Regular Member 2 (2 year) terms Alternate/Student Member 2 (1 year) terms Mayor Shelton Student Vacant I Cruz Student Vacant Vice Mayor Hay Student Vacant Applicants: None Historic Resources Preservation Board – Quasi-judicial Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz Regular Vacant Vice Mayor Hay Regular Vacant III Turkin Regular Vacant IV Kelley Alternate Vacant Mayor Shelton Alternate Vacant Applicant: Abhi Kanthan Library Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms III Turkin Regular Vacant Applicants: None Recreation and Parks Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Vice Mayor Hay Alternate Vacant Applicant: Amanda Cowan 13 Advisory Board Vacancies August 5, 2025 Senior Advisory Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms IV Kelley Alternate Vacant Mayor Shelton Alternate Vacant Applicant: William “Bill” Perkins Applications Received: 6/11/25 Mark Karageorge CRAB No vacancies Applicant notified via email 6/16/25 4/06/25 Deborah Tarca CRAB No vacancies Applicant notified via email 4/18/25 14 Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or in writing: City of Boynton Beach, City Clerk's Office, City Hall, 100 E. Ocean Ave., Boynton Beach, FL 33435, Mailing address: P.O. Box 310, Boynton Beach, FL 33435-0310 | Phone: (561) 742-6060 | City Clerk FAX: (561) 742- 6090 Today's Date * First Name * Last Name * Phone Number * Email * Date of Birth * Street Address * Street Address 2 City * State * Zip Code * Country * Current occupation or, if retired prior occupation Education Are you a registered voter * Do you reside within the Boynton Beach City Limits?* 7/24/2025 Wendy Chalssaint 9547731100 wcchalssaint@gmail.com 10/7/1989 7886 Sienna Springs Drive Lake Worth FL 33463 United States Real Estate Broker Associate Bachelors of Science Yes No Yes No 15 Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification * Yes No Yes No Yes No Yes No Please indicate which advisory board you are seeking appointment. Building Board of Adjustments & Appeals Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , My professional experience includes commercial and residential real estate and managing mid to high rise buildings and project management. Please list any professional memberships Commercial Real Estate Advisory, and National Association of Realtors Feel free to attach/upload an extra sheet or resume. I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers provided herein are true and accurate. 16 Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or in writing: City of Boynton Beach, City Clerk's Office, City Hall, 100 E. Ocean Ave., Boynton Beach, FL 33435, Mailing address: P.O. Box 310, Boynton Beach, FL 33435-0310 | Phone: (561) 742-6060 | City Clerk FAX: (561) 742- 6090 Today's Date * First Name * Last Name * Phone Number * Email * Date of Birth * Street Address * Street Address 2 City * State * Zip Code * Country * Current occupation or, if retired prior occupation Education Are you a registered voter * 5/30/2025 Abhi Kanthan 5619004815 abhi@kanthandesign.com 10/22/1990 631 Potter Road Boynton Beach FL 33435 United States Architect Accelerated 5-Year Professional Bachelor's Degree (N.A.A.B. Accredited) Yes No 17 Do you reside within the Boynton Beach City Limits?* Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Yes No Yes No Kanthan Design Corporation Yes No Yes No Yes No Please indicate which advisory board you are seeking appointment. Historic Resources Preservation Board Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , As Chief Executive Officer, Abhi Kanthan is the cornerstone of Kanthan Design Corporation (www.kanthandesign.com). He has a reputation as a successful, award-winning, and innovative design professional. Mr. Kanthan has proven his efficient Design Process numerous times and always strives for ambitious development within all his Associates. . Mr. Kanthan also enjoys Entrepreneurship and is a Co-Founder of Kanthan Realty Corporation (www.kanthanrealty.com), a Real Estate Brokerage that caters to Ultra-HNW, HNW clients and Large-Scale Capital Investments. The Company is known for its ability to maintain Clarity, Transparency, and a high level of Discretion for its discerning Clients as well as the Efficiency of its Transactions. . Mr. Kanthan has been involved in hundreds of complex design projects and transactions in the Architecture, Engineering, and Construction (AEC) industry over the past decade. His dedication and perseverance towards his goals and ideals as an individual have been the same standards that Kanthan Design Corporation & Kanthan Realty Corporation have built themselves on - a stellar combination of success that consistently brings Value and Growth to both Industries. 18 Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification * Please list any professional memberships Professional Credentials: Registered Architect | Florida, AR98097 Registered Architect | New York, 044101 Registered Architect | Pennsylvania, RA407852 Registered Interior Designer | Florida, ID6685 AIA | Inducted on March 21, 2017 NCARB | Inducted on July 16, 2016 Tau Sigma Delta | Inducted in 2013 . Education: Bachelor of Architecture, Florida Atlantic University, Major in Architecture Feel free to attach/upload an extra sheet or resume. _RESUME_Abhi Kanthan.pdf 54.3KB I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers provided herein are true and accurate. 19 Contact 561-900-4815 (Mobile) abhi@kanthandesign.com www.linkedin.com/in/abhi-k- b1807759 (LinkedIn) shoutoutmiami.com/meet-abhi- kanthan-aia-ncarb-licensed- architect-interior-designer/ (Personal) www.kanthandesign.com (Company) www.kanthanrealty.com (Company) Top Skills Architectural Drawings Space planning Construction Drawings Languages English (Native or Bilingual) French (Limited Working) Spanish (Limited Working) Certifications Minority Business Certification Registered Architect | State of New York NCARB Certificate American Institute of Architects Registered Architect | State of Florida Honors-Awards Transportation Summit Honoree Tau Sigma Delta Best of Houzz 2017-2023 - Customer Service NCARB Continuing Education Evaluation Workgroup Publications Introduction to Blueprints Urban Context and Civic Identity Abhi Kanthan, AIA, NCARB Chief Executive Officer at Kanthan Design Corporation Boynton Beach, Florida, United States Summary As Chief Executive Officer, Abhi Kanthan is the cornerstone of Kanthan Design Corporation (www.kanthandesign.com). He has a reputation as a successful award-winning and innovative design professional. Mr. Kanthan has proven his efficient Design Process numerous times and always strives for ambitious development within all his Associates. Mr. Kanthan also enjoys Entrepreneurship and is Co-Founder of Kanthan Realty Corporation (www.kanthanrealty.com), a Real Estate Brokerage that caters to HNW clients and Large-Scale Capital Investments. The Company is known for its ability to maintain Clarity, Transparency and a high level of Discretion for its discerning Clients as well as the Efficiency of its Transactions. Mr. Kanthan has been personally involved in many hundreds of complex design projects and transactions in the Architecture, Engineering and Construction (AEC) industry over the past decade. His dedication and perseverance towards his goals and ideals as an individual have been the same standards that Kanthan Design Corporation & Kanthan Realty Corporation has built itself on - a stellar combination of success that consistently brings Value and Growth to both Industries. Professional Credentials: Registered Architect | Florida, AR98097 Registered Architect | New York, 044101 Registered Architect | Pennsylvania, RA407852 Registered Interior Designer | Florida, ID6685 AIA | Inducted on March 21, 2017 NCARB | Inducted on July 16, 2016 Tau Sigma Delta | Inducted in 2013 Education: Bachelor of Architecture, Florida Atlantic University, Major in Architecture Page 1 of 2 20 Architect as Manager Meet Abhi Kanthan, AIA, NCARB Experience Kanthan Design Corporation Chief Executive Officer June 2012 - Present (11 years 6 months) Boynton Beach, FL Kanthan Design Corporation is one of the most sought-after boutique Architecture, Planning, and Interior Design firms headquartered in Florida. Structured as a vast collaborative of prolific and accomplished professionals, its Mission is to create vibrant, sustainable design interventions that bring durable and profitable value to its clients and the society and culture they are built in. By keeping all services under the Kanthan Design Corporation umbrella, the Firm can consistently provide its discerning clientele with competitive pricing, discretion, and transparency without sacrificing quality and efficiency. Kanthan Realty Corporation Co-Founder May 2017 - Present (6 years 7 months) Boynton Beach, FL Education Florida Atlantic University Bachelor's Degree, Architecture · (2009 - 2014) International Baccalaureate IB Diploma · (2005 - 2009) Page 2 of 2 21 Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or in writing: City of Boynton Beach, City Clerk's Office, City Hall, 100 E. Ocean Ave., Boynton Beach, FL 33435, Mailing address: P.O. Box 310, Boynton Beach, FL 33435-0310 | Phone: (561) 742-6060 | City Clerk FAX: (561) 742- 6090 Today's Date * First Name * Last Name * Phone Number * Email * Date of Birth * Street Address * Street Address 2 City * State * Zip Code * Country * Current occupation or, if retired prior occupation Education Are you a registered voter * Do you reside within the Boynton Beach City Limits?* 8/1/2025 Amanda Cowan 9546008339 amanda@homesbyamanda.com 1/25/1974 563 SE 27th Way Boynton Beach FL 33435 United States Realtor (former Events Specialist) University of Florida graduate Yes No Yes No 22 Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification * Yes No Yes No Yes No Yes No Please indicate which advisory board you are seeking appointment. Recreation and Parks Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , As a current broker associate and property manager of bank-owned foreclosures, I am well-versed in working with individuals in any position of every profession. As a former special events planner and fundraiser for American Heart Association and American Cancer Society, I planned and implemented numerous outdoor events, inclusive of 24-hour Relay for Life. I am confident I will serve as a valuable asset to the Board. Please list any professional memberships Realtor Association of Greater Fort Lauderdale and the Palm Beaches, Florida Association of Realtors, National Association of Realtors Feel free to attach/upload an extra sheet or resume. I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers provided herein are true and accurate. 23 Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or in writing: City of Boynton Beach, City Clerk's Office, City Hall, 100 E. Ocean Ave., Boynton Beach, FL 33435, Mailing address: P.O. Box 310, Boynton Beach, FL 33435-0310 | Phone: (561) 742-6060 | City Clerk FAX: (561) 742- 6090 Today's Date * First Name * Last Name * Phone Number * Email * Date of Birth * Street Address * Street Address 2 City * State * Zip Code * Country * Current occupation or, if retired prior occupation Education Are you a registered voter * Do you reside within the Boynton Beach City Limits?* 7/17/2025 William Perkins 9166624526 william.bill.perkins@gmail.com 3/27/1956 2865 SE 1st Place Boynton Beach FL 33435 United States Technology MBA - Business Administration/Management Yes No Yes No 24 Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Yes No 4P Technologies LLC Yes No Yes No Yes No Speeding violation 1979 Please indicate which advisory board you are seeking appointment. Senior Advisory Board Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , I have 20+ years of global executive leadership experience in digital transformation, sales, marketing and high- performance team building in telecommunications, satellite, IoT, network infrastructure media/entertainment and sports. I am an Illinois native and I have earned an MBA in Business Administration/Management as well as a BS in Biology, with a minor in English. As part of my undergraduate study program, I also completed the Army Reserve Officer Training Corps program with studies in Pre-Law and Military Science. I am a lifelong learner who holds professional certifications in AI, Senior Sales Management & Training and Digital Marketing. I have led Cross-Functional Agile Scrum collaborations at Fortune companies and have led innovative collaborations with major brands such as Amazon, Best Buy, AT&T, Verizon, and others. My partner Marianne Broughton and I reside in Seacrest Estates, the heart of the Metro Miami- Dade/Broward/Palm Beach Technology Corridor and are the proud parents of 4 adult sons…plus twin husky- doodles. My 89 year old Mother, Shirley Wheatley, is also a resident, living in the Ocean Park complex. I have relationships with Mayor Rebecca Shelton and with Commissioner Thomas Turkin. Here's my resume: Business & People Leader | Partner Sales & Business Development | Conversational & Generative AI Highly experienced and accomplished global leader with a strong background in AI, enterprise software sales, technology partner management, strategic business development, and cross-functional collaboration. Proven ability to drive revenue, cultivate high-value partnerships, negotiate complex contracts, and champion innovative AI-powered solutions.. My C-suite relationship skills are a major asset, as is my passion for fostering leadership, team cohesion, and the development of human capital within technology ecosystems. CAREER HIGHLIGHTS • Drove significant revenue growth through strategic partnerships, including creating and successfully implementing an industry peer-adopted channel with PNL ownership delivering $150M in annual revenue, demonstrating strong sell-through and sell-with capabilities. • Negotiated and managed complex contracts with Fortune 50, 100, and 500 companies, including major technology players, ensuring robust governance and service delivery for advanced technology solutions. • Championed innovative technologies and processes, with a specific focus on AI, SaaS, CCaaS, UCaaS, and 25 Cybersecurity platforms, driving talent growth, revenue growth, efficiencies, expense reduction, CSAT, and CX. • Successfully navigated growth and succession through multiple M&A transformative transactions, demonstrating adaptability and strategic leadership in evolving technology landscapes. • Cultivated multiple President Club awardees and have decades of experience with executive & culture development programs, fostering high-performing sales, marketing, product, and business development teams focused on technology adoption. CORE STRENGTHS • AI & Machine Learning Technology Sales • Technology Partner Management & Ecosystem Development (VARs, SIs, TSDs, MSPs) • Strategic Business Development & GTM Planning • Enterprise Software & Cloud Solutions (SaaS, IaaS, PaaS) • C-Suite Engagement & Executive Relationships • Cross-Functional Leadership & Collaboration • Complex Contract Negotiation & Financial Modeling • Revenue Generation & Quota Overachievement • Demand Generation & Partner Marketing • Conversational AI & Customer/Employee Engagement Automation PROFESSIONAL EXPERIENCE 4P Technologies LLC, Miami-Dade/Broward/Palm Beach Counties, FL & International 12/2015 – Present A privately held international consulting firm specializing in technology and digital transformation. Senior Executive Consultant • Providing strategic oversight that aligns current technology trends to deliver significant opportunities for commercial & government partners and clients to maximize profitability, proficiency, professionalism, and people through digital transformation, with a strong focus on AI, SaaS, CCaaS, UCaaS, Cybersecurity, and other emerging technologies. • Bolstering strategic partnerships with industry leaders to provide cutting-edge solutions, ensuring robust solutions & protection in an increasingly digital world leveraging FinTech, AI, and related cloud-based services. • Expertise in Wireless & Wired Networking and NaaS solutions, addressing the growing demand for reliable FWA, 5G, CBRS, mmWave, and Satellite connectivity & communications technologies, often integrating with AI-driven analytics. • Actively involved in Internet of Things (IoT), enabling businesses to leverage data for automation and operational efficiency, including digital transformation for virtual education and for modern, remote, hybrid, and onsite workplaces, leveraging AI insights. • At the forefront of developing Smart Cities/Smart Neighborhoods solutions that enhance security, comfort, and economy in urban and residential settings, frequently incorporating AI and IoT. Tradewinds Networks/International Communications Corporation, Newport Beach, CA 8/2022 – 7/2024 A privately held NaaS, SaaS, and Enhanced Data Protection Solutions start-up provider and manufacturer of wireless and wired data networking technologies (5G, FWA, MMW, CBRS), Cybersecurity platforms, and Green BESS Energy Technology. Senior Vice President of Global Sales & Business Development / Vice President of Sales • Reported to the CEO/President/Founder, overseeing global sales and strategic business development in diverse international and domestic verticals, with a core emphasis on SaaS, NaaS, and Cybersecurity platforms. • Developed and managed revenue-generating relationships with U.S. telecoms, REITs, BPOs, City/County/State/Federal agencies, community-based organizations, and private technology enterprises, fostering a robust partner ecosystem. • Strategically collaborated with global partners, businesses, and governments to drive market expansion and achieve sales targets for advanced technology solutions. • Focused on 2X growth through marketing campaigns and strategically developed expansion market opportunities and relationship development in the U.S., CALA, and EMEA, demonstrating strong business development acumen and GTM execution. PROFESSIONAL EXPERIENCE Frontier Communications, California, Florida, National 8/2006 – 4/2022 A Fortune 500 company operating as an incumbent line exchange company with a fiber and copper network supplying broadband, voice, video, and value-added ISP services in multiple states across the U.S. National Director / Regional Manager, Alternate & Digital Channels • Leveraged a progressive management career track in Direct & Indirect Sales & Marketing programs (Digital/eCommerce, Retail, Door-to-Door, Events, Inbound/Outbound Telemarketing), consistently increasing units and revenue between 50% and 240%. •Created and managed high-performing professional sales &support teams and external partnerships that 26 Professional Memberships * Created and managed high performing, professional sales & support teams and external partnerships that drove significantly improved market share, CSAT, and NPS results, including the adoption of new technologies. • Created and grew digital channel LTV revenue from $0 to $940M, consistently meeting or exceeding targets 15 of 17 years, delivering $150M annual revenue in broadband, voice, and value-added IoT products & services in Commercial, SMB, and Consumer, often involving technology integrations. • Developed strategy and talent to meet changing industry landscape with emphasis on needed workforce skills, specialized ability, and relevant experience, through coaching and mentoring for professionalism, ethical conduct, and future opportunities in technology sales. • Cultivated multiple President Club awardees as direct reports, showcasing strong leadership development and sales enablement. • Executed on change management through transformational transactions, including several M&As from Verizon, AT&T, Global Valley Networks, Commonwealth Communications/CSTI, and others, demonstrating adaptability in a dynamic technology industry. • Successfully conducted contract negotiations and oversight of account management for profitable strategic partnerships, including Google, Amazon, Best Buy, Dollar General, Big Lots, and EchoStar/DISH, demonstrating a strong grasp of technology partner relationships. • Presented analyses to the C-suite in collaboration with Product, Marketing, Operations, Engineering, Customer Experience, Legal, Compensation, and Finance, highlighting strong cross-functional collaboration and executive presentation skills for technology initiatives. PROFESSIONAL EXPERIENCE EchoStar / DISH, Denver, CO and National 5/2003 – 8/2006 Direct Broadcast Satellite entertainment and communications company supplying broadband and video services domestically and abroad. Alliance Training & Management Executive • Managed external support of strategic Alliance sales channels through 13 of 15 telecommunications companies, charting and navigating a successful sales and revenue growth course through an increasingly competitive landscape of expanded broadband and video offerings through partner telecommunications companies. • Realized incremental revenue & subscription growth in excess of 6M net new direct broadcast satellite TV subscribers for DISH Network via third-party channels that included retail, inbound & outbound call center, and outside sales. • Cultivated & engaged B2B partnerships with C-Suite and business unit leadership teams of key telcos (Frontier/Citizens, Sprint/Nextel/Embarq/CenturyTel, EarthLink, Valor, Windstream, Qwest/CenturyLink/Lumen, AT&T, Earthlink), supporting and contributing to mutually beneficial communication training, incentive, process, and systems initiatives, including technology adoption. EDUCATION & CERTIFICATES • Master of Business Administration, University of Phoenix - Arizona (MBA Preferred by Kore.ai) • Bachelor of Science in Biology with English Minor, Eckerd College - St. Petersburg, FL • Associate of Arts in Pre-Law with Army ROTC program, New Mexico Military Institute - Roswell, NM • Google Prompting Essentials AI Prompt Engineering Certificate, Google - Mountain View, CA (Directly relevant to AI) • Certified Sandler Sales Leadership & Sales Training Professional, Sandler/Greg Nanigian & Associates - Boston, MA • Certified Digital Marketing Professional, Digital Marketing Institute – Dublin, Ireland • Co-Leader, Frontier Communications LIA (Leadership-In-Action) National Channel Development Work Study Group • NexGen Virtual Office Partner Certification, NexGen Technologies – Boca Raton, FL INTERESTS & COMMUNITY SERVICE • Neighborhood Leadership Academy - Ft. Lauderdale, FL • Chair of the Board, Teen Center USA Non-profit - Elk Grove, CA • National Clinician, FCA – USA • Keynote Speaker/Presenter, American Heart Association, Rotary, Kiwanis, Boy Scouts of America, Research First – USA • Sankore Society Honorary Member, Brown University – Providence, RI Please list any professional memberships See resume above 27 Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification * Feel free to attach/upload an extra sheet or resume. William_Bill_Perkins_July_2025.docx 34.51KB I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers provided herein are true and accurate. 28 William “Bill” Perkins Boynton Beach, Florida 916 662 4526 www.linkedin.com/in/williambillperkins william.bill.perkins@gmail.com Business & People Leader | Partner Sales & Business Development | Digital Transformation & Technology Highly experienced and accomplished global leader with a strong background in AI, enterprise software sales, technology partner management, strategic business development, and cross-functional collaboration. Proven ability to drive revenue, cultivate high-value partnerships, negotiate complex contracts, and champion innovative AI-powered solutions. My C-suite relationship skills are a major asset, as is my passion for fostering leadership, team cohesion, and customer experience. CAREER HIGHLIGHTS • Drove significant revenue growth through strategic partnerships, including creating and successfully implementing an industry peer-adopted channel with PNL ownership delivering $150M in annual revenue, demonstrating strong sell-through and sell-with capabilities. • Negotiated and managed complex contracts with Fortune 50, 100, and 500 companies, including major technology players, ensuring robust governance and service delivery for advanced technology solutions. • Championed innovative technologies and processes, with a specific focus on AI, SaaS, CCaaS, UCaaS, and Cybersecurity platforms, driving talent growth, revenue growth, efficiencies, expense reduction, CSAT, and CX. • Successfully navigated growth and succession through multiple M&A transformative transactions, demonstrating adaptability and strategic leadership in evolving technology landscapes. • Cultivated multiple President Club awardees and have decades of experience with executive & culture development programs, fostering high-performing sales, marketing, product, and business development teams focused on technology adoption. CORE STRENGTHS • AI & Machine Learning Technology Sales • Technology Partner Management & Ecosystem Development (VARs, SIs, TSDs, MSPs) • Strategic Business Development & GTM Planning • Enterprise Software & Cloud Solutions (SaaS, IaaS, PaaS) • C-Suite Engagement & Executive Relationships • Cross-Functional Leadership & Collaboration • Complex Contract Negotiation & Financial Modeling • Revenue Generation & Quota Overachievement • Demand Generation & Partner Marketing • Conversational AI & Customer/Employee Engagement Automation 29 William “Bill” Perkins Boynton Beach, Florida 916 662 4526 www.linkedin.com/in/williambillperkins william.bill.perkins@gmail.com PROFESSIONAL EXPERIENCE 4P Technologies LLC, Miami-Dade/Broward/Palm Beach Counties, FL & International 12/2015 – Present Senior Executive Consultant • Providing strategic oversight that aligns current technology trends to deliver significant opportunities for commercial & government partners and clients to maximize profitability, proficiency, professionalism, and people through digital transformation, with a strong focus on AI, SaaS, CCaaS, UCaaS, Cybersecurity, and other emerging technologies. • Bolstering strategic partnerships with industry leaders to provide cutting-edge solutions, ensuring robust solutions & protection in an increasingly digital world leveraging FinTech, AI, and related cloud-based services. • Expertise in Wireless & Wired Networking and NaaS solutions, addressing the growing demand for reliable FWA, 5G, CBRS, mmWave, and Satellite connectivity & communications technologies, often integrating with AI-driven analytics. • Actively involved in Internet of Things (IoT), enabling businesses to leverage data for automation and operational efficiency, including digital transformation for virtual education and for modern, remote, hybrid, and onsite workplaces, leveraging AI insights. • At the forefront of developing Smart Cities/Smart Neighborhoods solutions that enhance security, comfort, and economy in urban and residential settings, frequently incorporating AI and IoT. Tradewinds Networks/International Communications Corporation, Newport Beach, CA 8/2022 – 7/2024 Senior Vice President of Global Sales & Business Development / Vice President of Sales • Reported to the CEO/President/Founder, overseeing global sales and strategic business development in diverse international and domestic verticals, with a core emphasis on SaaS, NaaS, and Cybersecurity platforms. • Developed and managed revenue-generating relationships with U.S. telecoms, REITs, BPOs, City/County/State/Federal agencies, community-based organizations, and private technology enterprises, fostering a robust partner ecosystem. • Strategically collaborated with global partners, businesses, and governments to drive market expansion and achieve sales targets for advanced technology solutions. • Focused on 2X growth through marketing campaigns and strategically developed expansion market opportunities and relationship development in the U.S., CALA, and EMEA, demonstrating strong business development acumen and GTM execution. 30 William “Bill” Perkins Boynton Beach, Florida 916 662 4526 www.linkedin.com/in/williambillperkins william.bill.perkins@gmail.com PROFESSIONAL EXPERIENCE Frontier Communications, California, Florida, National 8/2006 – 4/2022 National Director / Regional Manager, Alternate & Digital Channels • Leveraged a progressive management career track in Direct & Indirect Sales & Marketing programs (Digital/eCommerce, Retail, Door-to-Door, Events, Inbound/Outbound Telemarketing), consistently increasing units and revenue between 50% and 240%. • Created and managed high-performing, professional sales & support teams and external partnerships that drove significantly improved market share, CSAT, and NPS results, including the adoption of new technologies. • Created and grew digital channel LTV revenue from $0 to $940M, consistently meeting or exceeding targets 15 of 17 years, delivering $150M annual revenue in broadband, voice, and value-added IoT products & services in Commercial, SMB, and Consumer, often involving technology integrations. • Developed strategy and talent to meet changing industry landscape with emphasis on needed workforce skills, specialized ability, and relevant experience, through coaching and mentoring for professionalism, ethical conduct, and future opportunities in technology sales. • Cultivated multiple President Club awardees as direct reports, showcasing strong leadership development and sales enablement. • Executed on change management through transformational transactions, including several M&As from Verizon, AT&T, Global Valley Networks, Commonwealth Communications/CSTI, and others, demonstrating adaptability in a dynamic technology industry. • Successfully conducted contract negotiations and oversight of account management for profitable strategic partnerships, including Google, Amazon, Best Buy, Dollar General, Big Lots, and EchoStar/DISH, demonstrating a strong grasp of technology partner relationships. • Presented analyses to the C-suite in collaboration with Product, Marketing, Operations, Engineering, Customer Experience, Legal, Compensation, and Finance, highlighting strong cross-functional collaboration and executive presentation skills for technology initiatives. EchoStar / DISH, Denver, CO and National 5/2003 – 8/2006 Alliance Training & Management Executive • Managed external support of strategic Alliance sales channels through 13 of 15 telecommunications companies, charting and navigating a successful sales and revenue growth course through an increasingly competitive landscape of expanded broadband and video offerings through partner telecommunications companies. • Realized incremental revenue & subscription growth in excess of 6M net new direct broadcast satellite TV subscribers for DISH Network via third-party channels that included retail, inbound & outbound call center, and outside sales. • Cultivated & engaged B2B partnerships with C-Suite and business unit leadership teams of key telcos (Frontier/Citizens, Sprint/Nextel/Embarq/CenturyTel, EarthLink, Valor, Windstream, Qwest/CenturyLink/Lumen, AT&T, Earthlink), supporting and contributing to mutually beneficial communication training, incentive, process, and systems initiatives, including technology adoption. 31 William “Bill” Perkins Boynton Beach, Florida 916 662 4526 www.linkedin.com/in/williambillperkins william.bill.perkins@gmail.com EDUCATION & CERTIFICATES • Master of Business Administration, University of Phoenix - Arizona (MBA Preferred by Kore.ai) • Bachelor of Science in Biology with English Minor, Eckerd College - St. Petersburg, FL • Associate of Arts in Pre-Law with Army ROTC program, New Mexico Military Institute - Roswell, NM • Google Prompting Essentials AI Prompt Engineering Certificate, Google - Mountain View, CA (Directly relevant to AI) • Certified Sandler Sales Leadership & Sales Training Professional, Sandler/Greg Nanigian & Associates - Boston, MA • Certified Digital Marketing Professional, Digital Marketing Institute – Dublin, Ireland INTERESTS & COMMUNITY SERVICE • Co-Leader, Frontier Communications LIA (Leadership-In-Action) National Channel Development Work Study Group • Neighborhood Leadership Academy - Ft. Lauderdale, FL • Chair of the Board, Teen Center USA Non-profit - Elk Grove, CA • National Clinician, FCA – USA • Keynote Speaker/Presenter, American Heart Association, Rotary, Kiwanis, Boy Scouts of America, Research First – USA • Sankore Society Honorary Member, Brown University – Providence, RI 32 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Resolution No. R25-199- Approving a Subcontract Agreement for Bicycle and Pedestrian Focused Initiative with the Florida Department of Transportation (FDOT) through a grant with the University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management (IPTM) in an amount not to exceed $5,389.98. Requested Action: Staff recommends approval of Proposed Resolution No. R25-199. Explanation of Request: The Florida Department of Transportation (FDOT), through a grant with the University of North Florida Training and Services Institute, Inc. d/b/a Institute of Police Technology and Management (IPTM), Project # 433144-1-8404, Contract # G3E95, utilizes law enforcement support to reinforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. The goal of this effort is to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists using high visibility education and enforcement details. The Boynton Beach Police Department (BBPD) is allocated $5,389.98 toward overtime to support these efforts. Approval of this subcontract will allow BBPD to conduct education and enforcement operations in areas specified as high-frequency crash fatality locations for pedestrians and bicyclists. Previous Years Awarded: FY24/25 $5,000, FY 23/24 $5,438.24 FY 22/23 $9,542.22 FY 21/22 $6,831.51. The agreement utilizes the University of North Florida's contract template, which requires the City to indemnify FDOT and the University of North Florida for acts of its employees. How will this affect city programs or services? With rapid growth and expansion, there comes a need to further enhance our efforts to reduce traffic crashes, fatalities, and injuries related to pedestrians and bicyclists through education and enforcement. Pedestrians and bicyclists are more vulnerable than all other road users. Traffic crashes involving pedestrians and bicyclists are more likely to result in fatal or serious injuries than any type of traffic crashes. Account Line Item and Description: Overtime Only Fiscal Impact: 33 There's no fiscal impact on the budget for approving this item; as an alternative, the Police Department would need to rely on the general fund operating budget to support these enhanced public safety activities. Attachments: R25-199 Agenda_Item_3428- 2025_Resolution_for_University_of_North_Florida_Bicycle_and_Pedestrian_Safety.docx Exhibit A to Resolution - 433144-1-8404 G3E95 Boynton Beach Subcontract .pdf 34 RESOLUTION NO. R25-199 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A LETTER 2 OF AGREEMENT AND CONTRACT WITH UNIVERSITY OF NORTH 3 FLORIDA TRAINING AND SERVICES INSTITUTE, INC., D/B/A INSTITUTE 4 OF POLICE TECHNOLOGY AND MANAGEMENT FOR THE PEDESTRIAN 5 AND BICYCLE SAFETY HIGH VISIBILITY ENFORCEMENT AND SUPPORT 6 PROGRAM; AND FOR ALL OTHER PURPOSES. 7 8 9 WHEREAS, the Florida Department of Transportation (“FDOT”), through a grant with the 10 University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology 11 and Management (IPTM), Project No. 433144-1-8404, Contract No. G3E95 utilizes law 12 enforcement support to reinforce safe pedestrian, bicyclist, and driver behaviors in priority 13 counties in Florida. The goal of this effort is to reduce traffic crashes resulting in serious and fatal 14 injuries to pedestrians and bicyclists using high visibility education and enforcement details; and 15 WHEREAS, the Boynton Beach Police Department (“BBPD”) is allocated $5,389.98 toward 16 overtime to support these efforts; and 17 WHEREAS, approval of this subcontract will allow BBPD to conduct education and 18 enforcement operations in areas specified as high-frequency crash fatality locations for 19 pedestrians and bicyclists; and 20 WHEREAS, the total contract amount will not exceed $5,389.98 with a contract period to 21 begin upon execution and will end on May 8, 2026; and 22 WHEREAS, the contract requires the City to indemnify FDOT and the University of North 23 Florida for acts of its employees; and 24 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 25 best interests of the City's citizens and residents to approve a Letter of Agreement and Contract 26 with University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police 27 Technology and Management for Pedestrian and Bicycle Safety High Visibility Enforcement and 28 Support Program. 29 30 31 32 35 RESOLUTION NO. R25-199 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 33 BEACH, FLORIDA, THAT: 34 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 35 being true and correct and are hereby made a specific part of this Resolution upon adoption. 36 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 37 approve a Letter of Agreement and Contract with University of North Florida Training and Services 38 Institute, Inc., d/b/a Institute of Police Technology and Management for Pedestrian and Bicycle 39 Safety High Visibility Enforcement and Support Program in the amount of $5,389.98 (the 40 “Agreement”), in form and substance similar to that attached as Exhibit A. 41 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 42 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 43 ancillary documents required under the Agreement or necessary to accomplish the purposes of 44 the Agreement and Resolution. 45 SECTION 4. The City-executed Agreement shall be forwarded to Jaclyn Smith to obtain 46 execution of the Agreement by the University of North Florida Training and Services Institute, Inc., 47 d/b/a Institute of Police Technology and Management. Jaclyn Smith shall be responsible for 48 ensuring that one fully-executed Agreement is returned to the City to be provided to the Office 49 of the City Attorney for forwarding to the City Clerk for retention as a public record. 50 SECTION 5. This Resolution shall take effect in accordance with the law. 51 52 53 54 [SIGNATURES ON THE FOLLOWING PAGE] 55 56 36 RESOLUTION NO. R25-199 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 57 CITY OF BOYNTON BEACH, FLORIDA 58 YES NO 59 Mayor – Rebecca Shelton _____ _____ 60 61 Vice Mayor – Woodrow L. Hay _____ _____ 62 63 Commissioner – Angela Cruz _____ _____ 64 65 Commissioner – Thomas Turkin _____ _____ 66 67 Commissioner – Aimee Kelley _____ _____ 68 69 VOTE ______ 70 ATTEST: 71 72 _____________________________ ______________________________ 73 Maylee De Jesús, MPA, MMC Rebecca Shelton 74 City Clerk Mayor 75 76 APPROVED AS TO FORM: 77 (Corporate Seal) 78 79 _______________________________ 80 Shawna G. Lamb 81 City Attorney 82 37 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533381782 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533391783 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533401784 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533411785 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533421786 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533431787 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533441788 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533451789 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533461790 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533471791 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533481792 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C4753307/09/2025 | 12:40 PM EDT491793 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533501794 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533511795 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533521796 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Resolution No. R25-200- Amending the City's Procurement Policy to require three written quotes for Personal Property, Commodities, and Services (Non- Construction) purchases between $20,000.01 and $75,000, with Commission approval and/or formal bidding required for amounts exceeding $75,000.01. Requested Action: Staff recommends approval of Proposed Resolution No. R25-200. Explanation of Request: The City Commission previously established the procurement quote threshold and City Manager authority at $50,000 for non-construction services pursuant to Resolution No. R22-132. The request to revise the City's procurement threshold limits is driven by current market conditions, which have significantly impacted the cost of goods, services, and construction projects. The existing thresholds, $50,000 for general procurement, no longer reflect the economic realities of today’s marketplace, where inflation, supply chain disruptions, and rising labor and material costs have led to increased pricing across nearly all sectors. Raising the threshold for requiring City Commission approval from $50,000 to $75,000 for general procurements aligns the City’s policy with current industry standards and regional best practices. This adjustment will enhance operational efficiency by reducing unnecessary delays in the procurement process, allowing staff to respond more quickly to departmental needs while still maintaining transparency, accountability, and fiscal oversight. These updates will streamline administrative processes, reduce the volume of commission agendas for routine procurements, and empower departments to act with greater agility. Thus, they will ultimately support the City’s ability to deliver timely services and capital improvements to the community. How will this affect city programs or services? Increasing the procurement thresholds will positively impact City programs and services by improving the timeliness and efficiency of purchasing and project delivery. Departments will be able to move more swiftly in acquiring essential goods, services, and construction work without unnecessary delays caused by lower threshold requirements for Commission approval. This flexibility is especially important in a high-cost and fast-moving market, where pricing and availability can change rapidly. By allowing staff to expedite routine procurements and capital improvements within the updated limits, the City will be better positioned to maintain continuity 53 of services, respond promptly to community needs, and avoid project delays or cost escalations caused by procurement bottlenecks. Overall, these changes support more responsive governance and improve the City’s ability to implement and sustain high-quality programs and infrastructure for residents. Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: R25-200 Agenda_Item_3439-2025_Resolution_for_procurement_threshold_increase.docx Exhibit A to Resolution - Updating Three Quote limit to $75K.docx 54 RESOLUTION NO. R25-200 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AMENDING THE CITY’S PROCUREMENT POLICY TO 2 REQUIRE THREE WRITTEN QUOTES FOR PERSONAL PROPERTY, 3 COMMODITIES, AND SERVICES (NON-CONSTRUCTION) PURCHASES 4 BETWEEN $20,000.01 AND $75,000.00, WITH COMMISSION 5 APPROVAL REQUIRED FOR AMOUNTS EXCEEDING $75,000.01; AND 6 FOR ALL OTHER PURPOSES. 7 8 WHEREAS, the City Commission previously approved Resolution No. R22-132, which 9 increased the quote procurement threshold from $35,000 to the current $50,000 limit; and 10 WHEREAS, current market conditions have significantly impacted the cost of goods, 11 services, and construction projects. The existing threshold, $50,000 for general procurement, no 12 longer reflects the economic realities of today’s marketplace, where inflation, supply chain 13 disruptions, and rising labor and material costs have led to increased pricing across nearly all 14 sectors; and 15 WHEREAS, raising the quote threshold for formal bidding and City Commission approval 16 from $50,000 to $75,000 for general procurements aligns the City’s policy with current industry 17 standards and regional best practices; and 18 WHEREAS, this adjustment will enhance operational efficiency by reducing unnecessary 19 delays in the procurement process, allowing staff to respond more quickly to departmental needs 20 while still maintaining transparency, accountability, and fiscal oversight; and 21 WHEREAS, these updates will streamline administrative processes, reduce commission 22 agenda volume for routine procurements, and empower departments to act with greater agility, 23 ultimately supporting the City’s ability to deliver timely services and capital improvements to the 24 community; and 25 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 26 best interests of the City's citizens and residents to amend the City’s Procurement Policy to allow 27 three written quotes for Personal Property, Commodities, and Services (Non-Construction) 28 purchases between $20,000.01 and $75,000.00, with Commission approval and/or formal bidding 29 required for amounts exceeding $75,000.01, unless otherwise exempt from the Procurement 30 Policy. 31 55 RESOLUTION NO. R25-200 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 32 BEACH, FLORIDA, THAT: 33 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption. 35 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 36 amend the City’s Procurement Policy to allow three written quotes for Personal Property, 37 Commodities, and Services (Non-Construction) purchases between $20,000.01 and $75,000.00, 38 with Commission approval and/or formal bidding required for amounts exceeding $75,000.01 as 39 further detailed in Exhibit A, attached hereto. 40 SECTION 3. This Resolution shall take effect in accordance with the law. 41 42 43 44 45 [SIGNATURES ON THE FOLLOWING PAGE] 46 47 56 RESOLUTION NO. R25-200 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 48 CITY OF BOYNTON BEACH, FLORIDA 49 YES NO 50 Mayor – Rebecca Shelton _____ _____ 51 52 Vice Mayor – Woodrow L. Hay _____ _____ 53 54 Commissioner – Angela Cruz _____ _____ 55 56 Commissioner – Thomas Turkin _____ _____ 57 58 Commissioner – Aimee Kelley _____ _____ 59 60 VOTE ______ 61 ATTEST: 62 63 _____________________________ ______________________________ 64 Maylee De Jesús, MPA, MMC Rebecca Shelton 65 City Clerk Mayor 66 67 APPROVED AS TO FORM: 68 (Corporate Seal) 69 70 _______________________________ 71 Shawna G. Lamb 72 City Attorney 73 57 I. INTRODUCTION PURPOSE: As approved and codified in ARTICLE IV. PURCHASING AND CONSULTANTS Sec. 2-56.1 Exceptions to competitive bidding (b) The City Manager shall establish procurement policies on any purchase of personal property, commodities, services, or construction. The purpose of this Purchasing Manual ("Manual") is to set forth the City of Boynton Beach ("City") policies for the purchase of supplies, equipment, and services and provide for the fair and equitable treatment of all persons and entities involved in Purchasing by the City. The manual also aims to maximize the Purchasing value of public funds and provide safeguards for maintaining a Purchasing system of quality and integrity. This Manual provides the policies and procedures that frame the Purchasing of contractual services and commodities, beginning with the Purchasing policy, proceeding through contract document or purchase order preparation, contract administration, and eventually, contract closeout. The goal of the City is to get the best value for qualitative solicitations or the lowest price from a responsive, responsible bidder for the Purchasing of commodities and services conducted by fair and open competition and in accordance with all applicable Federal Statutes, Florida Statutes, Palm Beach County Code, and the City Charter and Code of Ordinances of the City of Boynton Beach. Processing Requirements and Approval Levels: Requirements for approvals of all construction and non-construction purchases are as follows (all purchasing levels in this Policy Manual refer to an annual City-wide spend per vendor or per construction project): Personal Property, Commodities, and Services (Non-Construction) - Bid Threshold $75,000.00 Total Purchase Amount Requisition Process Approval Level Total Purchase Less than $20,000** One Quotation Department Head* $20,000.01** to $75,000.00 Three Written Quotes City Manager* $75,000.01 & over per annum** Formal Bid City Commission Construction Projects - Bid Threshold $200,000 Total Purchase Amount Requisition Process Approval Level Total Purchase Less than $20,000 per project One Quotation Department Director* $20,000.01 to $199,999 per project Three Written Quotes City Manager* $200,000 or above per project Formal Bid Process City Commission *Or Designee—Note: Directors shall not sign any quotes from vendors that bind the City to any terms and conditions. ** Annual aggregate Citywide spend per vendor. 58 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Resolution No. R25-201- Approve the Literacy AmeriCorps Palm Beach County Cooperative Agreement 2025 - 2026, as well as any future contracts. Requested Action: Staff recommends approval of Proposed Resolution No. R25-201. Explanation of Request: The Boynton Beach City Library, in collaboration with the Literacy Coalition of Palm Beach County through the AmeriCorps Programs, offers essential educational services to the community. These services include homework help, SAT/ACT preparation, and ESOL (English for Speakers of Other Languages) classes. Specifically, two full-time AmeriCorps volunteers are involved: one focuses on ESOL literacy for adults, and the other provides homework help for youth. This partnership aims to enhance educational opportunities and support lifelong learning for all residents. How will this affect city programs or services? The addition of two full-time AmeriCorps volunteers will significantly enhance the library's educational services. For adults, the ESOL literacy program will improve English language proficiency, aiding in better job prospects and community integration. For youth, the homework help program will provide much-needed academic support, contributing to improved school performance and higher chances of success in standardized tests like the SAT and ACT. Overall, these services will strengthen the library's role as a community hub for education and support, aligning with the city's goal of fostering a well-educated and prosperous community. Budgeted Item: Yes Account Line Item and Description: 001-2610-571.49-17 Contractual Services Fiscal Impact: This Library initiative is a proposed budgeted item, within the City's budget. The financial investment in these AmeriCorps volunteers is expected to yield significant returns in the form of enhanced educational outcomes and community engagement. The procurement exclusion 12. Services or commodities provided by governmental, not-for-profit organizations, or public entities will be utilized. Attachments: R25-201 Agenda_Item_3452-2025_Resolution_for_Literacy_AmeriCorps.docx 59 Site Cooperative Agreement 2025-2026 (1) (002).pdf 60 RESOLUTION NO. R25-201 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING LITERACY AMERICORPS PALM BEACH 2 COUNTY COOPERATIVE AGREEMENT FOR 2025-2026 AND 3 AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS FOR 4 SUBSEQUENT YEARS; AND FOR ALL OTHER PURPOSES. 5 6 7 WHEREAS, the Boynton Beach City Library, in collaboration with the Literacy Coalition of 8 Palm Beach County, through the AmeriCorps Programs, offers essential educational services to 9 the community. These services include homework help, SAT/ACT preparation, and English for 10 Speakers of Other Languages (ESOL) classes. Specifically, two full-time AmeriCorps volunteers are 11 involved: one focuses on ESOL literacy for adults, and the other provides homework help for youth. 12 This partnership aims to enhance educational opportunities and support lifelong learning for all 13 residents; and 14 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 15 best interests of the City's citizens and residents to approve Literacy AmeriCorps Palm Beach 16 County Cooperative Agreements. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 19 BEACH, FLORIDA, THAT: 20 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption. 22 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 23 approve the Literacy AmeriCorps Palm Beach County Cooperative Agreement. 24 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 25 authorizes the Mayor to execute the Agreement, and similar agreements necessary to implement 26 the program in subsequent years that do not increase the financial obligations of the City. The 27 Mayor is further authorized to execute any ancillary documents as may be necessary to accomplish 28 the purpose of this Resolution. 29 SECTION 4. This Resolution shall take effect in accordance with the law. 30 31 61 RESOLUTION NO. R25-201 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 32 CITY OF BOYNTON BEACH, FLORIDA 33 YES NO 34 Mayor – Rebecca Shelton _____ _____ 35 36 Vice Mayor – Woodrow L. Hay _____ _____ 37 38 Commissioner – Angela Cruz _____ _____ 39 40 Commissioner – Thomas Turkin _____ _____ 41 42 Commissioner – Aimee Kelley _____ _____ 43 44 VOTE ______ 45 ATTEST: 46 47 _____________________________ ______________________________ 48 Maylee De Jesús, MPA, MMC Rebecca Shelton 49 City Clerk Mayor 50 51 APPROVED AS TO FORM: 52 (Corporate Seal) 53 54 _______________________________ 55 Shawna G. Lamb 56 City Attorney 57 62 Revised: June 2025 1 | P a g e Literacy AmeriCorps Palm Beach County 2025-2026 Cooperative Agreement I. Purpose This agreement is entered on August 1, 2025 and ending on July 31, 2026, between Literacy AmeriCorps Palm Beach County hereinafter referred to as “Program” and Site Name: _____________________________________________________________ Site Address: ___________________________________________________________ Site Address: ___________________________________________________________ Site Supervisor Name: ____________________________________________________ Site Supervisor Title: _____________________________________________________ hereinafter referred to as “Site”. The Palm Beach County Literacy Coalition is sponsoring this program which is funded by Volunteer Florida through an AmeriCorps grant from AmeriCorps (formerly known as the Corporation for National and Community Service). As a Site, you recognize the role of literacy programs in solving many social problems in Palm Beach County and have made a commitment to having your assigned Member(s) engaged in these types of activities. II. Program Responsibilities In accordance with the terms of the Literacy AmeriCorps Handbook, the Program hereby agrees to provide the following: A. Health insurance for qualified members. B. Facilitation of the process of obtaining a childcare allowance from the appropriate governmental agency in accordance with the provisions set forth in the Literacy AmeriCorps Handbook. C. Properly completed paperwork to enroll, accurately track service hours and any other required information, and exit members from the AmeriCorps program in accordance with the Literacy AmeriCorps Handbook. Members who qualify under the terms of the Literacy AmeriCorps Handbook will receive a Segal AmeriCorps Education Award of $7,395. D. A living allowance of $1,375.00 per pay period of service to each full-time member. Boynton Beach City Library 100 E. Ocean Ave. Boynton Beach, FL 33435 Tiffany Pagan Assistant Library Director 63 Revised: June 2025 2 | P a g e E. Member development training and activities ranging from but not limited to : Tutor Training, CPR, First Aid, Disability Awareness, Literacy, Community Service and Communication Skills. F. Site Supervisor orientation, Literacy AmeriCorps Handbook, reporting schedule, reporting requirements, reporting and evaluation forms, member agreement, and service log. G. Recruitment, interviewing, and placement efforts for members in collaboration with the Site. H. Mediation between members and site supervisors upon request. I. Timely and appropriate communications from the Program. J. The Program is responsible for all decisions regarding disciplinary matters, including those involving criminal activity, which may ultimately result in the member’s release from service. The Program will manage all grievance processes in accordance with the terms and conditions of the Literacy AmeriCorps Handbook and Member Contract. The Program will communicate promptly any changes in status of members to the Site. III. Service Site Responsibilities A. The Site has indicated a willingness and ability to participate in the Literacy AmeriCorps Palm Beach County program and agrees to pay $20,160 per full time member or $10,080 per part time member in 3 installments on September 1, 2025, January 1, 2026 and April 1, 2026 (unless 2 equal installments or 1 installment is preferred). A. The Site agrees to provide the member with site specific training and orientation needed to fulfill their duties at the Site and to provide resources needed to fulfill these duties. B. The Site agrees to provide adequate supervisory support to assist member s in fulfilling their service activities and member development plans. C. The Site agrees to communicate and document member performance, member attendance, and other member activities to the Program in a timely and professional manner. D. The Site agrees to review member service logs (approve or request revisions), electronically sign in to America Learns and submit within four days of members’ submission to ensure correct calculations and service activities . E. The Site will provide a written plan to the AmeriCorps Program Director verifying the process for how AmeriCorps member time and attendance will be tracked at sub-sites (e.g., schools and libraries). The written site plan must include the name and contact information of the sub-site staff member responsible for supervising AmeriCorps members. The AmeriCorps Program Director and lead site supervisor are responsible for orienting the sub-site staff member to the AmeriCorps program including the prohibited activities and programmatic goals. 64 Revised: June 2025 3 | P a g e F. The Site agrees to support the Program by ensuring that its members attend all mandatory Program trainings, service projects, meetings and events which may be up to 20% or 340 hours of their 1700 required hours of service or the members will have acceptable verification for absences. G. The Site agrees to complete a mid -year and an end-of-year performance evaluation on each member assigned to it. The performance evaluation will be signed by the member. H. The Site agrees to participate in at least one site visit made by the Program. The designated site supervisor agrees to be present at the site visit. The AmeriCorps Director and the Director of Recruitment & Retention will visit each site a minimum of 2 times per year. I. The Site agrees to notify the Program of any discipline matters, emergency, criminal activity, or other event requiring Program action/response, and to document any incidents as needed. The Site further agrees to manage all grievance processes in accordance with the terms and conditions of the Literacy AmeriCorps Handbook and Member Contract. J. The Site agrees to meet the assessment requirements listed in the Literacy AmeriCorps performance measures and assist the member in completing reports based on these measures for the Program. K. The Site agrees to support the member in exercising his/her civic duties of voting and jury duty. See Literacy AmeriCorps Handbook for more details. L. The Site agrees not to discuss or offer the member a paid position for employment with the Site until after the member has fulfilled his/her term of service with the Program. M. The Site agrees to identify the AmeriCorps member(s) as a Literacy Coalition of Palm Beach County member in all public venues such as web site, newsletter (in print and online), press releases, TV & radio and all other communications and use the logos for AmeriCorps and Volunteer Florida, and agrees to display “AmeriCorps serves here” signage . 65 Revised: June 2025 4 | P a g e Failure to Meet Responsibilities The Site further agrees to act in conformance with, and abide by, all current and future rules, provisions, and procedures established by the Program. These rules are included in the Literacy AmeriCorps Handbook. a. Failure to comply with these requirements may be a basis for the Site losing a member and forfeiting their contributed portion of the match. b. The Site may request termination from the program with at least 30 days’ notice by submitting in writing the circumstances of their desire to terminate from the Program. A Site who terminates from the Program may jeopardize their ability to participate in the Program in the future and forfeits their contributed portion of the match. c. The Program will establish and implement a grievance procedure for Sites to resolve disputes and disagreements about the conduct of the Program. The details of this grievance procedure are set forth in the Literacy AmeriCorps Handbook. 66 Revised: June 2025 5 | P a g e Agreement Statement The Site acknowledges by his/her signature at the bottom of this document that he/she has read and/or has been adequately informed of the requirements and primary responsibilities of all parties to the agreement, including the provided Non -Duplication, Non-Displacement and Non-Discrimination provisions, as well as the major provisions of this agreement. The Site further understands that his/her signature constitutes an agreement and commitment to comply with all Program requirements. Primary Site Supervisor Contact Site Supervisor – Signature: _______________________________ Site Supervisor, Name & Title: _____________________________ Date: ______________________________ Secondary Site Supervisor Contact (as applicable) Secondary Site Contact, Name & Title: _______________________________ Secondary Site Contact – Signature: _______________________________ Date: ________________________________ Literacy AmeriCorps Official Signature: _____________________________ Literacy AmeriCorps, Name & Title: Megan Wiston, Literacy AmeriCorps Director Date: ________________________________ 67 Revised: June 2025 6 | P a g e AmeriCorps Prohibited Activities At no time during the performance of program activities at the regular service site or anywhere else, may the member engage in any activity that is illegal under local, state, or federal law, poses a significant safety risk to others, or is considered an A meriCorps prohibited activity. AmeriCorps prohibited activities include: 1. attempting to influence legislation; 2. conduction voter registration drives; 3. assisting, promoting, or deterring union organizing; 4. impairing existing contracts for services or collective bargaining agreements; 5. participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; 6. providing a direct benefit to a for-profit entity, a labor union, a partisan political organization, a religious organization, or a non -profit that engages in lobbying; 7. engaging in religious instruction; 8. conducting worship services; 9. providing instruction as a part of a program that includes mandatory religious instruction or worship; 10. constructing or operating facilitates devoted to religious instruction or worship; 11. maintaining facilities primarily or inherently devoted to religious instruction or worship; and 12. engaging in any form of promoting a religion or converting people to a religion. 13. providing abortion services or referrals 14. AmeriCorps member(s) cannot perform clerical duties except if incidental to their direct service activities, fill in for absent employees, displace employees, or handle money. 15. AmeriCorps members may not participate in organized fund raising for an organization or community-based organizations that do not provide immediate and direct support of the approved objectives of the grant. Services activities that raise funds or in -kind contribution while generating, involving, and/or encouraging community support may be appropriate and allowable to the extent they are in direct and immediate support of an approved objective of the Program and provided that they are not the Program’s primary activity. 16. AmeriCorps members may not participate in grant proposal writing to help generate match funds or support the organization’s general operating expenses . Allowable member fundraising may not exceed 10% of the individual’s service time and must be pre-approved by the Program Director. AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed above. In addition to the above activities, the below activities are additionally prohibited: 68 Revised: June 2025 7 | P a g e Census Activities. AmeriCorps members and volunteers associated with AmeriCorps grants may not engage in census activities during service hours. Being a census taker during service hours is categorically prohibited. Census-related activities (e.g., promotion of the Census, education about the importance of the Census) do not align with AmeriCorps State and National objectives. What members and volunteers do on their own time is up to them, consistent with program policies about outside employment and activities. Election and Polling Activities. AmeriCorps members may not provide services for elections or polling locations or in support of such activities. AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed above. Individuals may exercise their rights as private citizen s and may participate in the activities listed above on their initiative, on non -AmeriCorps time, and using non-AmeriCorps funds. Individuals should not wear the AmeriCorps logo while engaging in any of the above activities in their personal time. All locations where members serve should post a list of the prohibited activities, when possible. I have read and understand the policy regarding AmeriCorps Prohibited Activities and will enforce this policy during member(s) hours of service. Name of Organization (Site): ____________________________________________ Signature of Authorized Representative: ___________________________________ Date: _______________________ 69 Revised: June 2025 8 | P a g e Non-duplication and Non-displacement: 45 CFR §§ 2540.100(e)-(f) § 2540.100 What restrictions govern the use of Corporation assistance? (e) Nonduplication. Corporation assistance may not be used to duplicate an activity that is already available in the locality of a program. And, unless the requirements of paragraph (f) of this section are met, Corporation assistance will not be provided to a private nonprof it entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency in which such entity resides. (f) Non-displacement. (1) An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving Corporation assistance. (2) An organization may not displace a volunteer by using a participant in a program receiving Corporation assistance. (3) A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. (4) A participant in a program receiving Corporation assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee. (5) A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that — (i) Will supplant the hiring of employed workers; or (ii) Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. (6) A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any — (i) Presently employed worker; (ii) Employee who recently resigned or was discharged; (iii) Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; (iv) Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or (v) Employee who is on strike or who is being locked out. 70 Revised: June 2025 9 | P a g e Fundraising by members: 45 CFR §§ 2520.40-.45 § 2520.40 Under what circumstances may AmeriCorps members in my program raise resources? (a) AmeriCorps members may raise resources directly in support of your program's service activities. (b) Examples of fundraising activities AmeriCorps members may perform include, but are not limited to, the following: (1) Seeking donations of books from companies and individuals for a program in which volunteers teach children to read; (2) Writing a grant proposal to a foundation to secure resources to support the training of volunteers; (3) Securing supplies and equipment from the community to enable volunteers to help build houses for low-income individuals; (4) Securing financial resources from the community to assist in launching or expanding a program that provides social services to the members of the community and is delivered, in whole or in part, through the members of a community-based organization; (5) Seeking donations from alumni of the program for specific service projects being performed by current members. (c) AmeriCorps members may not: (1) Raise funds for living allowances or for an organization's general (as opposed to project) operating expenses or endowment; (2) Write a grant application to the Corporation or to any other Federal agency. § 2520.45 How much time may an AmeriCorps member spend fundraising? An AmeriCorps member may spend no more than ten percent of his or her originally agreed -upon term of service, as reflected in the member enrollment in the National Service Trust, performing fundraising activities, as described in § 2520.40. Authorization: The Site and Program hereby acknowledges by their signature that they have read, understand, and agree to all terms and conditions of this agreement. _________________________________ ___________________________________ Site Supervisor Signature AmeriCorps Director Signature _________________________________ __________________________________ Date Date 71 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Resolution No. R25-202- Adopt the City of Boynton Beach's Community Development Block Grant (CDBG), Fourth Year Annual Action Plan for FY 2025. Requested Action: Staff recommends approval of Proposed Resolution No. R25-202. Explanation of Request: The City of Boynton Beach (“City”) is in its twenty-ninth year as a federal entitlement community under the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program. Per federal regulations at 24 CFR Part 91- Consolidated Submissions for Community Planning and Development Programs, the City is required to prepare an Annual Action Plan (the “Plan”). The Plan must identify the City’s housing and community development needs, prioritize those needs since funding is limited, establish goals and objectives for the funding based on the priorities, and develop a strategic plan for how the funds will be used each year. The Annual Action Plan is an application for funding for the CDBG Program, which identifies activities that will be undertaken each program year of the Five-Year Consolidated Plan. HUD published the City’s actual CDBG allocation of $518,962 for FY 2025 (October 1, 2025, to September 30, 2026), which is the Fourth year of the five-year Consolidated Plan period. The CDBG program focuses on priorities that are essential to the primary objectives of Title 1 of the Housing and Community Development Act of 1974, as amended. Those objectives are the provision of decent housing, suitable living environments, and the expansion of economic opportunities for its citizens, particularly low-to-moderate income (LMI) persons. Public Services activities were solicited from non-profit agencies in the community through a 72 request for proposals (RFP) process. A workshop was offered to explain the program, eligibility requirements, and to get public input. The City Commission decided the usage of the CDBG FY 2025 annual allocation at the June 3, 2025 City Commission Meeting. The FY 2025 Plan was made available to the public for the 30 day public comment period from June 23, 2025 to July 24, 2025. Below is a description of the CDBG activities that will be funded in FY 2025: Pathways to Prosperity, Inc.- CIRCLES Program (Public Services Activity)- $16,750. The program will benefit LMI individuals and households by providing self-sufficient training, mentoring, and case management for children and parents. Feeding South Florida, Inc.- Senior Meal Delivery Program (Public Services Activity)- $16,750. The program will provide funding for Senior Meal Delivery Program. LMI Seniors will receive 20 meals per month delivered to their residence. Sea Turtle Adventure, Inc.- ICare Program (Public Services Activity)- $16,750 The program provides outdoor educational activities to adults with autism and other developmental disabilities. Boynton Beach Police Department- Victims of Violent Crime Initiative Program (Public Services Activity)- $16,750. The program will assist the homeless and/or victims of violent crime by aiding with emergency temporary shelter. Each case will be evaluated by the Victim Advocate to determine the type of assistance needed when no other type of shelter is available; this could be temporary shelter ranging from 1 to 5 motel/hotel nights until other services have been identified. Legal Aid Society of Palm Beach County, Inc.- Fair Housing Project (Public Services Activity)- $10,000. The Program will provide education and outreach to inform the underserved population about fair housing laws and their legal rights. City of Boynton Beach Economic Development Division- Micro Enterprise Program- (Economic Development Activity)- $100,000. 73 Funds to be used as grants for Micro Enterprises to encourage economic growth and employment in the CDBG target area. City of Boynton Beach Community Improvement Division- Limited Rehabilitation Program (Housing Activity)- $148,170 This program provides funding for housing repairs and improvements to eligible LMI- individuals (at or below 80 percent of AMI), elderly and/or disabled homeowners. The purpose of the Limited Rehabilitation Program is to stabilize the homeowner's residence by making essential repairs to make the home safe, accessible, and livable. City of Boynton Beach Community Improvement Division- Housing Rehabilitation Administration (Housing Activity)- $90,000 Costs associated with administering rehabilitation to include writing work specifications, daily monitoring of projects, interaction with contractors and sub-contractors. CDBG Planning and Administration- $103,792 Administration of the CDBG program to include staff and other related costs of program management, coordination, monitoring, reporting, evaluation, and oversight. Subject to the statutory limitation of 20% of the annual allocation. How will this affect city programs or services? Adoption and approval of the CDBG FY 2025 Annual Action Plan promotes the improvement of living environments primarily for LMI households and neighborhoods through public services and housing rehabilitation activities. Account Line Item and Description: Non-budgeted. Fiscal Impact: Non-budgeted. The City of Boynton Beach's CDBG allocation for FY 2025 is $518,962. Funds will be expended to carry out the CDBG program activities for the program year. Attachments: R25-202 Agenda Item 3357-2025 Resolution for CDBG Annual Action Plan FY 2025.docx 74 Exhibit A to Resolution - CDBG FY 2025 Action Plan.pdf BBPD CDBG FY 2025 Application.pdf City Economic Development Division - Microenterprise - FY 2025 CDBG Application.pdf Feeding South Florida FY 2025 CDBG Application.pdf Legal Aid Society of PBC, Inc. - CDBG FY 2025 Application.pdf Pathways to Prosperity, Inc. - CDBG FY 2025 Application.pdf Sea Turtle Adventures, Inc. - FY 2025 CDBG Application.pdf 75 RESOLUTION NO. R25-202 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, ADOPTING THE COMMUNITY DEVELOPMENT 2 BLOCK GRANT ANNUAL ACTION PLAN FOR FISCAL YEAR 2025; AND 3 FOR ALL OTHER PURPOSES. 4 5 6 WHEREAS, the City of Boynton Beach (“City”) is in its twenty-ninth year as a federal 7 entitlement community under the U.S. Department of Housing and Urban Development (HUD) 8 Community Development Block Grant (CDBG) Program. Per federal regulations at 24 CFR Part 91 9 – Consolidated Submissions for Community Planning and Development Programs, the City is 10 required to prepare an Annual Action Plan (the “Plan”); and 11 WHEREAS, the Plan must identify the City’s housing and community development needs, 12 prioritize those needs since funding is limited, establish goals and objectives for the funding based 13 on the priorities, and develop a strategic plan for how the funds will be used each year; and 14 WHEREAS, the Plan is an application for funding for the CDBG Program, which identifies 15 activities undertaken each program year of the Five-Year Consolidated Plan. HUD published the 16 City’s actual CDBG allocation of $518,962.00 for fiscal year 2025 (October 1, 2025, to September 17 30, 2026), which is the fourth year of the five-year Consolidated Plan period; and 18 WHEREAS, the CDBG program focuses on priorities essential to the primary objectives of 19 Title 1 of the Housing and Community Development Act of 1974, as amended. Those objectives 20 are the provision of decent housing, suitable living environments, and the expansion of economic 21 opportunities for its citizens, particularly low-to-moderate income (LMI) persons; and 22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 23 best interests of the City's citizens and residents to adopt the Community Development Block 24 Grant Annual Action Plan for fiscal year 2025. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 BEACH, FLORIDA, THAT: 28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption. 30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 31 76 RESOLUTION NO. R25-202 adopt the Community Development Block Grant Annual Action Plan for fiscal year 2025, in form 32 and substance similar to that attached as Exhibit A. 33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 34 authorizes the City Manager to execute any ancillary documents, certifications, or assurances 35 required to accomplish the purpose of this Resolution. 36 SECTION 4. This Resolution shall take effect in accordance with the law. 37 38 39 40 [SIGNATURES ON THE FOLLOWING PAGE] 41 42 77 RESOLUTION NO. R25-202 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 43 CITY OF BOYNTON BEACH, FLORIDA 44 YES NO 45 Mayor – Rebecca Shelton _____ _____ 46 47 Vice Mayor – Woodrow L. Hay _____ _____ 48 49 Commissioner – Angela Cruz _____ _____ 50 51 Commissioner – Thomas Turkin _____ _____ 52 53 Commissioner – Aimee Kelley _____ _____ 54 55 VOTE ______ 56 ATTEST: 57 58 _____________________________ ______________________________ 59 Maylee De Jesús, MPA, MMC Rebecca Shelton 60 City Clerk Mayor 61 62 APPROVED AS TO FORM: 63 (Corporate Seal) 64 65 _______________________________ 66 Shawna G. Lamb 67 City Attorney 68 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 Total Score: 100/ 100 Reviewer’s Name: __Jessika VICIERE__________________________ Title: _Accountant ________________________________________ Notes/comments:139 FY2025-2026 CDBG Application Scoring City Department/Division: ________________________________________________________________________ Category Meets expectations Does not meet expectations Programmatic Review Proposed Project Executive Summary (Worth 70 Points) Points: 70 The applicant describes in detail the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they Selected for program. The applicant is unclear or does not include or describe in details the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they selected for program. Goals, Objectives Resources Needed (Worth 15 Points) Points: 13 The applicant describes clearly the goals, objectives, needed resources and resources available. The applicant is unclear on the goals, objectives, needed resources and resources available. Budget (Worth 15 Points) Points: 5 The budget is specific and cost reasonable, cost effective and all items align with the described project. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are reasonable. All line items are identified clearly in the budget narrative. The budget is not specific and/or cost reasonable, and the items are poorly aligned with the described project. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are not reasonable. Line items are not clearly defined in the budget narrative. Total Score: / 100 Reviewer’s Name: ____________________________ Title: _________________________________________ Notes/comments: The applicant offers a clear explanation of the project and its goals. This project will positively impact our community and vulnerable populations. Budget: The budget lacks detailed explanations for each line item. 88 Mirna Crompton Grants Manager Police Department - Unsheltered Persons & Victims of Violent Crimes Initiative 140 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Application for Funding SUBMISSION Electronic Copy To ramirezr@bbfl.us FOR MORE INFORMATION OR QUESTIONS, PLEASE CONTACT: CITY OF BOYNTON RJ Ramirez, Community Improvement Manager COMMUNITY IMPROVEMENT DIVISION 100 East Ocean Avenue Boynton Beach, FL 33435 Telephone: 561-742-6359 Email: ramirezr@bbfl.us 141 1 Funding Request To apply, please complete Sections A – E. Submit an electronic copy to RJ Ramirez, Community Improvement (ramirezr@bbfl.us). Please review the “Subrecipient Information and Guidelines” located at CDBG | Boynton Beach, FL (boynton-beach.org) for the program reporting requirements, goals and timelines. For assistance, please call the Community Improvement Division at 561-742-6359. The City is responsible for ensuring that the United States Department of Housing and Urban Development (HUD) funds are used in accordance with all CDBG program requirements, that performance and goals will be achieve in a timely manner and that the all funded projects will be in compliance with all applicable federal, state, and local laws and regulations. A. GENERAL INFORMATION 1. City Department: Police Department 2. Name of Project: Unsheltered Persons and Victims of Violent Crime Initiative 3. Area or Location of Program: City of Boynton Beach 4. Contact Person/Title: Barbara Rodriguez Marrero, Victim Advocate Email Address: marrerob@bbfl.us Mailing Address/Zip: 2100 High Ridge Road, Boynton Beach, Florida 33426 Telephone: 561-895-7173 (cell) 561-742-6108 (office) Additional Contact Person/Title: Jaclyn Smith, Grants Manager (Preferably Person responsible for preparing reimbursements/quarterly reports) Alternate Email Address: smithja@bbfl.us Mailing Address/Zip: 2100 High Ridge Road, Boynton Beach, Florida 33426 Telephone: 561-742-6195 142 2 5. Grant Request Activity Area (choose the ones that apply): x Homeless Prevention Services x Domestic Violence Prevention Public Safety/Crime Prevention Economic Development Senior Services Educational Program x Other (please specify): Victims of Violent Crime 6. Amount of Funds Requested for Project: $70,000 7. Amount of Matching Funds for Project: $0.00 Match Type: ___ Cash ___ Other Grants ____ Donations Other Please Identify Source of Additional Funding (if any): 8. CDBG COST: (a) Total CDBG Funds Requested: $70,000 (b) Total Unduplicated Units Served: 100 (c) CDBG Average Cost Per Unit (a/b) Estimated: $700 TOTAL ACTIVITY/PROGRAM COST INCLUDING OTHER SOURCE OF FUNDING: (a) Total Project: $70,000 9. Is this activity/program: ____ A new service; or __x__ A quantifiable increase in the level of an existing service which has been provided by the grantee on its behalf through State or local government funds in the 12 months preceding the submission of the grantee’s Consolidated Plan Annual Action Plan Has the City received or will receive other Federal, State funds for the proposed activity/program for which the City Department is requesting CDBG funds? Yes No If yes, what is the funding source? ____________________________________________ How much? ______________________________________________________________ 10. Could this project occur without these funds? Yes x No 143 3 11. Will this project/program continue after CDBG funding ends? x Yes ____ No If Yes, describe how the Department/Division will guarantee the sustainability of the project/program after CDBG funds have been spent. Donations in place by community partners. B. STRATEGY: Check the STRATEGY or STRATEGIES that best describes your program and provide number of units that will be served under this program. Check One Specific Objective Number of Units This Project Will Serve Public Service x Homeless Prevention Services Households/Persons: (please specify which) Estimated 30 persons Public Safety/Crime Prevention Households/Persons: (please specify which) x Domestic Violence Prevention Households/Persons: (please specify which) Estimated 40 persons. Senior Services Elderly Households/Persons: (please specify which) Youth Programs Children/Youth: Educational Program (Specify) Households/Persons: (please specify which) x Other (Specify) Victims of Violent Crime Households/Persons: (please specify which) Estimated 30 persons. 144 4 C. PROJECT SUMMARY Please provide a detailed description of: 6. Scope of services of the proposed activity/program to be funded, including; what documentation/data was used to determine the need for this type of program, how will the activity/program will be implemented, timeline for implementation, who are the targeted beneficiaries (i.e., geographic area, persons served, etc.), how are they selected for activity/program, (City’s CDBG funds must directly benefit our low and moderate-income citizens; 80% or below Area Median Income), what type of documentation will be collected to verify clients served are Low-to-moderate-income, how the CDBG funds are proposed to be used and are you working with other organizations in a cooperative effort on the activity/program. The Unsheltered and Victims of Violent Crime Initiative is designed to support individuals experiencing homelessness and victims of violent crime by providing temporary shelter and sustainable permanent housing solutions. Each case will be assessed by the Victim Advocate to determine eligibility for assistance, whether it be temporary shelter or long-term housing support. The Victim Advocate will also ensure that all necessary documentation is collected and will provide redacted case information for progress reporting purposes. The Boynton Beach Police Department (BBPD) collaborates with multiple partners that offer shelter to homeless individuals and victims of violent crime. However, these shelters often reach full capacity and are unable to accommodate urgent shelter needs. In response, BBPD officers have, on occasion, personally contributed funds to cover the cost of temporary shelter for those in immediate need. Based on historical data, it is estimated that approximately 100 + individuals may require shelter assistance due to homelessness or victimization by violent crime. Each case will be individually assessed to determine the most appropriate form of assistance, as needs and circumstances will vary. Support may include temporary shelter for a duration of 1 to 5 nights and/or assistance with security deposits for sustainable housing, which will vary depending on the size of the required living space, such as a 1-bedroom or 2-bedroom unit. The geographical area is the City of Boynton Beach (city-wide). Those served are the homeless and victims of violent crime. The needs of each case will be evaluated by the victim advocate to determine what assistance is needed at the time contact is made and to assist with follow up as needed. As needed, the victim advocate will obtain documentation (pay stubs, w-2, etc.) to verify that persons served are in the low-to-moderate income. The success and effectiveness of the program will be evaluated based on the utilization of funds, the number of individuals served, and the overall outcomes for each case. 145 5 D. Goals/Objectives/Activity Measures: Descriptive narrative. Please use separate Goal Sheet for each individual activity/program (if applicable). Project/Program Title: Goal # 1: To provide immediate shelter for homeless and victims of crime. Objective: Utilize funds to pay for hotel services for temporary shelter while arraignments are made for permanent housing (ranges between 2-5 nights). Resources Needed & Available: Funding needed for temporary sheltering. Hotel partners are already in place. Case management services. Start Date & Duration: Program start 10/01/25 and will continue for one year. 146 6 E. PROJECT BUDGET Please list anticipated expenditures, detailing requested funds and additional funding. Please place other funds under “Other Funds” If funding request is for multiple activity/program, please provide a separate budget for each activity/program. Line Item CDBG Funds Requested Other Funds Total Budget PROGRAM: Unsheltered Persons and Victims of Violent Crime Initiative $70,000 $0.00 $70,000 ADMINISTRATION: Other (explain) Other (explain) Other (explain) TOTALS Notes: The funding will go towards assisting homeless and victims of violent crime with immediate temporary shelter ranging from 1-5 nights hotel stay. In addition, funding will assist with security deposits for obtaining sustainable housing for homeless persons and victims of violent crime. Each case will vary based on needs of the persons. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING. Final decision of funding is determined by City Commission. It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the CDBG grant program and the subrecipient guidelines. 147 FY2025-2026 CDBG Application Scoring City Department/Division: ________________________________________________________________________ Category Meets expectations Does not meet expectations Programmatic Review Proposed Project Executive Summary (Worth 70 Points) Points: The applicant describes in detail the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they Selected for program. The applicant is unclear or does not include or describe in details the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they selected for program. Goals, Objectives Resources Needed (Worth 15 Points) Points: The applicant describes clearly the goals, objectives, needed resources and resources available. The applicant is unclear on the goals, objectives, needed resources and resources available. Budget (Worth 15 Points) Points: The budget is specific and cost reasonable, cost effective and all items align with the described project. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are reasonable. All line items are identified clearly in the budget narrative. The budget is not specific and/or cost reasonable, and the items are poorly aligned with the described project. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are not reasonable. Line items are not clearly defined in the budget narrative. Total Score: / 100 Reviewer’s Name: ____________________________ Title: _________________________________________ Notes/comments: Proposed Project Executive Summary: The project scope regarding the number of microenterprises the City will assist with the program is unclear. Although it mentions up to 8 enterprises, this is not a guaranteed number. Considering the maximum funding of $20,000 per enterprise, we may only be able to assist 5 businesses. Additionally, the expenses outlined in the scope do not comply with CDBG guidelines, which disqualifies the application due to minor renovations. For reference, please consult the CDBG microenterprise guidelines. 35 10 5 Mirna Crompton Grants Manager Economic Development - Microenterprise Grant Program 50 148 Goals, Objectives Resources Needed: There is no explanation of the strategy that will be taken toward federal guidelines. No, a clear timeline for the program. Budget: No budget explanation was provided. "Program" is not a budget line item. Marketing expenses are not eligible for CDBG funding. 149 150 Total Score: 53/ 100 Reviewer’s Name: __Jessika VICIERE__________________________ Title: _Accountant ________________________________________ Notes/comments:151 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Application for Funding SUBMISSION Electronic Copy To ramirezr@bbfl.us FOR MORE INFORMATION OR QUESTIONS, PLEASE CONTACT: CITY OF BOYNTON RJ Ramirez, Community Improvement Manager COMMUNITY IMPROVEMENT DIVISION 100 East Ocean Avenue Boynton Beach, FL 33435 Telephone: 561-742-6359 Email: ramirezr@bbfl.us 152 1 Funding Request To apply, please complete Sections A – E. Submit an electronic copy to RJ Ramirez, Community Improvement (ramirezr@bbfl.us). Please review the “Subrecipient Information and Guidelines” located at CDBG | Boynton Beach, FL (boynton-beach.org)for the program reporting requirements, goals and timelines. For assistance, please call the Community Improvement Division at 561-742-6359. The City is responsible for ensuring that the United States Department of Housing and Urban Development (HUD) funds are used in accordance with all CDBG program requirements, that performance and goals will be achieve in a timely manner and that the all funded projects will be in compliance with all applicable federal, state, and local laws and regulations. A. GENERAL INFORMATION 1. City Department: Economic Development 2. Name of Project: Microenterprise Grant Program 3. Area or Location of Program: Citywide 4. Contact Person/Title: Gigi Chazu, Division Director Email Address: chazug@bbfl.us Mailing Address/Zip: P.O. Box 310. Boynton Beach, FL 3425 Telephone: 5617426014 Additional Contact Person/Title: (Preferably Person responsible for preparing reimbursements/quarterly reports) Michael Keleher Alternate Email Address: keleherm@bbfl.us Mailing Address/Zip: P.O. Box 310. Boynton Beach, FL 3425 Telephone: 561-742-6205 153 2 5. Grant Request Activity Area (choose the ones that apply): Homeless Prevention Services Domestic Violence Prevention Public Safety/Crime Prevention x Economic Development Senior Services Educational Program Other (please specify): 6. Amount of Funds Requested for Project: 100,000 7. Amount of Matching Funds for Project: ________ Match Type: ___ Cash ___ Other Grants ____ Donations X Other Please Identify Source of Additional Funding (if any): ________ 8. CDBG COST: (a) Total CDBG Funds Requested: $100,000 (b) Total Unduplicated Units Served: maximum grant funding per business: $20,000 (c) CDBG Average Cost Per Unit (a/b) Estimated: __$10,000 - $5,000 TOTAL ACTIVITY/PROGRAM COST INCLUDING OTHER SOURCE OF FUNDING: (a) Total Project: $100,000 9. Is this activity/program: ____ A new service; or __x_ A quantifiable increase in the level of an existing service which has been provided by the grantee on its behalf through State or local government funds in the 12 months preceding the submission of the grantee’s Consolidated Plan Annual Action Plan Has the City received or will receive other Federal, State funds for the proposed activity/program for which the City Department is requesting CDBG funds? Yes No x If yes, what is the funding source? ____________________________________________ How much? ______________________________________________________________ 154 3 10. Could this project occur without these funds? _ Yes X No 11. Will this project/program continue after CDBG funding ends? _ Yes _X_ No If Yes, describe how the Department/Division will guarantee the sustainability of the project/program after CDBG funds have been spent. B. STRATEGY: Check the STRATEGY or STRATEGIES that best describes your program and provide number of units that will be served under this program. Check One Specific Objective Number of Units This Project Will Serve Public Service Homeless Prevention Services Households/Persons: (please specify which) Public Safety/Crime Prevention Households/Persons: (please specify which) Domestic Violence Prevention Households/Persons: (please specify which) Senior Services Elderly Households/Persons: (please specify which) Youth Programs Children/Youth: x Educational Program (Specify) Households/Persons: (please specify which) x Other (Specify) Microenterprise Households/Persons: 5-8 Microenterprises 155 4 C. PROJECT SUMMARY Please provide a detailed description of: Scope of services of the proposed activity/program to be funded, including; what documentation/data was used to determine the need for this type of program, how will the activity/program will be implemented, timeline for implementation, who are the targeted beneficiaries (i.e., geographic area, persons served, etc.), how are they selected for activity/program, (City’s CDBG funds must directly benefit our low and moderate-income citizens; 80% or below Area Median Income), what type of documentation will be collected to verify clients served are Low-to-moderate-income, how the CDBG funds are proposed to be used and are you working with other organizations in a cooperative effort on the activity/program. The Community Development Block Grant (CDBG) Microenterprise Assistance Program is designed to support microenterprises in Boynton Beach by providing financial assistance that directly leads to job creation. This program is aimed at microenterprises—defined as businesses with five or fewer employees—that are either located in low-to-moderate income (LMI) areas or owned by LMI individuals. By expanding access to capital, this initiative aligns with the national objective of the CDBG program by generating employment opportunities for LMI residents and strengthening local businesses. Program Funding Options: Eligible microenterprisees may receive up to $10,000 for approved business expenses, plus $2,500 per new job created for LMI employees, up to four positions, for a maximum grant of $20,000 per business. Businesses must create at least one new position to qualify for funding. Job Creation Requirement Businesses receiving funding must make a reasonable effort to hire LMI individuals for newly created positions. If a business demonstrates that no LMI applicants applied despite reasonable outreach efforts, they may still qualify for the grant. Acceptable outreach efforts may include: Advertising job openings through workforce development organizations, job boards, and community networks targeting LMI individuals. Maintaining records of recruitment efforts, including job postings and applicant responses. Providing documentation of interviews conducted and reasons for selection. Funding Eligible Uses Minor Renovations: Signage, security improvements, landscaping, and minor repairs. Business Equipment & Inventory: Must be directly related to business operations. Rent Reimbursement: Must have a minimum of two years remaining on the lease. Implementation Plan Economic Development staff will oversee program administration, including: Eligibility verification through income and business documentation 156 5 Collection and review of reimbursement requests with supporting documentation Monitoring and reporting on progress and compliance with CDBG regulations Targeted Beneficiaries The program aims to assist up to eight (8) microenterprisees, supporting business expansion and job creation for LMI individuals. Documentation/data used to determine the need for this type of program Department of Labor data highlights a high unemployment rate in LMI areas and limited financial resources for small businesses. This program helps bridge these gaps by stabilizing microenterprisees and creating employment opportunities for LMI workers. Type of documentation to be collected to verify clients served are Low-to-moderate-income: Targeted beneficiaries are small businesses located in LMI-designated areas, Small business owners who are LMI individuals and Employees from LMI households. Eligibility will be determined through documentation such as: Business tax returns and financial statements Owner/employee income verification per HUD guidelines Proof of business location in LMI census tracts Documentation of job outreach efforts and applicant responses Evaluation of Program Effectiveness Success will be measured through: Number of businesses receiving grants Number of LMI jobs created Reasonable outreach efforts made by businesses if LMI hires were not possible Percentage of businesses that remain operational post-funding Data will be collected through follow-up surveys, financial reporting, and employment verification. Annual program reviews will ensure continuous improvement and long-term business sustainability. 157 6 D. Goals/Objectives/Activity Measures: Descriptive narrative. Please use separate Goal Sheet for each individual activity/program (if applicable). Project/Program Title: Goal # 1: Stimulate job creation and business growth among microenterprisees Objective: Economic Development Resources Needed & Available: Administration of the program by the Economic Development Division staff Start Date & Duration: October 1st – November 1st– applications open. Qualified applicants will be selected by November 15. Applicants will have until August 15 to submit paperwork for reimbursement. Goal # 2: Objective: Resources Needed & Available: Start Date & Duration: 158 7 E. PROJECT BUDGET Please list anticipated expenditures, detailing requested funds and additional funding. Please place other funds under “Other Funds” If funding request is for multiple activity/program, please provide a separate budget for each activity/program. Line Item CDBG Funds Requested Other Funds Total Budget PROGRAM: $95,000 $ $95,000 ADMINISTRATION: Marketing $5,000 $5,000 Other (explain) Other (explain) TOTALS $100,000 $0 $100,000 Notes: SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING. Final decisionof funding is determined by City Commission. It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the CDBG grant program and the subrecipient guidelines. 159 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Application for Funding SUBMISSION Electronic Copy To ramirezr@bbfl.us FOR MORE INFORMATION OR QUESTIONS, PLEASE CONTACT: CITY OF BOYNTON RJ Ramirez, Community Improvement Manager COMMUNITY IMPROVEMENT DIVISION 100 East Ocean Avenue Boynton Beach, FL 33435 Telephone: 561-742-6359 Email: ramirezr@bbfl.us 160 1 Funding Request To apply, please complete Sections A – E. Submit an electronic copy to RJ Ramirez, Community Improvement (ramirezr@bbfl.us). Please review the “Subrecipient Information and Guidelines” located at CDBG | Boynton Beach, FL (boynton-beach.org) for the program reporting requirements, goals and timelines. For assistance, please call the Community Improvement Division at 561-742-6359. The City is responsible for ensuring that the United States Department of Housing and Urban Development (HUD) funds are used in accordance with all CDBG program requirements, that performance and goals will be achieve in a timely manner and that the all funded projects will be in compliance with all applicable federal, state, and local laws and regulations. A. GENERAL INFORMATION 1. City Department: Economic Development 2. Name of Project: Microenterprise Grant Program 3. Area or Location of Program: Citywide 4. Contact Person/Title: Gigi Chazu, Division Director Email Address: chazug@bbfl.us Mailing Address/Zip: P.O. Box 310. Boynton Beach, FL 3425 Telephone: 5617426014 Additional Contact Person/Title: (Preferably Person responsible for preparing reimbursements/quarterly reports) Michael Keleher Alternate Email Address: keleherm@bbfl.us Mailing Address/Zip: P.O. Box 310. Boynton Beach, FL 3425 Telephone: 561-742-6205 161 2 5. Grant Request Activity Area (choose the ones that apply): Homeless Prevention Services Domestic Violence Prevention Public Safety/Crime Prevention x Economic Development Senior Services Educational Program Other (please specify): 6. Amount of Funds Requested for Project: 100,000 7. Amount of Matching Funds for Project: ________ Match Type: ___ Cash ___ Other Grants ____ Donations X Other Please Identify Source of Additional Funding (if any): ________ 8. CDBG COST: (a) Total CDBG Funds Requested: $100,000 (b) Total Unduplicated Units Served: maximum grant funding per business: $20,000 (c) CDBG Average Cost Per Unit (a/b) Estimated: __$10,000 - $5,000 TOTAL ACTIVITY/PROGRAM COST INCLUDING OTHER SOURCE OF FUNDING: (a) Total Project: $100,000 9. Is this activity/program: ____ A new service; or __x_ A quantifiable increase in the level of an existing service which has been provided by the grantee on its behalf through State or local government funds in the 12 months preceding the submission of the grantee’s Consolidated Plan Annual Action Plan Has the City received or will receive other Federal, State funds for the proposed activity/program for which the City Department is requesting CDBG funds? Yes No x If yes, what is the funding source? ____________________________________________ How much? ______________________________________________________________ 10. Could this project occur without these funds? _ Yes X No 162 3 11. Will this project/program continue after CDBG funding ends? _ Yes _X_ No If Yes, describe how the Department/Division will guarantee the sustainability of the project/program after CDBG funds have been spent. B. STRATEGY: Check the STRATEGY or STRATEGIES that best describes your program and provide number of units that will be served under this program. Check One Specific Objective Number of Units This Project Will Serve Public Service Homeless Prevention Services Households/Persons: (please specify which) Public Safety/Crime Prevention Households/Persons: (please specify which) Domestic Violence Prevention Households/Persons: (please specify which) Senior Services Elderly Households/Persons: (please specify which) Youth Programs Children/Youth: x Educational Program (Specify) Households/Persons: (please specify which) x Other (Specify) Microenterprise Households/Persons: 5-8 Microenterprises 163 4 C. PROJECT SUMMARY Please provide a detailed description of: Scope of services of the proposed activity/program to be funded, including; what documentation/data was used to determine the need for this type of program, how will the activity/program will be implemented, timeline for implementation, who are the targeted beneficiaries (i.e., geographic area, persons served, etc.), how are they selected for activity/program, (City’s CDBG funds must directly benefit our low and moderate-income citizens; 80% or below Area Median Income), what type of documentation will be collected to verify clients served are Low-to-moderate-income, how the CDBG funds are proposed to be used and are you working with other organizations in a cooperative effort on the activity/program. The Community Development Block Grant (CDBG) Microenterprise Assistance Program is designed to support microenterprises in Boynton Beach by providing financial assistance that directly leads to job creation. This program is aimed at microenterprises—defined as businesses with five or fewer employees—that are either located in low-to-moderate income (LMI) areas or owned by LMI individuals. By expanding access to capital, this initiative aligns with the national objective of the CDBG program by generating employment opportunities for LMI residents and strengthening local businesses. Program Funding Options: Eligible microenterprisees may receive up to $10,000 for approved business expenses, plus $2,500 per new job created for LMI employees, up to four positions, for a maximum grant of $20,000 per business. Businesses must create at least one new position to qualify for funding. Job Creation Requirement Businesses receiving funding must make a reasonable effort to hire LMI individuals for newly created positions. If a business demonstrates that no LMI applicants applied despite reasonable outreach efforts, they may still qualify for the grant. Acceptable outreach efforts may include: • Advertising job openings through workforce development organizations, job boards, and community networks targeting LMI individuals. • Maintaining records of recruitment efforts, including job postings and applicant responses. • Providing documentation of interviews conducted and reasons for selection. Funding Eligible Uses • Minor Renovations: Signage, security improvements, landscaping, and minor repairs. • Business Equipment & Inventory: Must be directly related to business operations. • Rent Reimbursement: Must have a minimum of two years remaining on the lease. Implementation Plan Economic Development staff will oversee program administration, including: • Eligibility verification through income and business documentation 164 5 • Collection and review of reimbursement requests with supporting documentation • Monitoring and reporting on progress and compliance with CDBG regulations Targeted Beneficiaries The program aims to assist up to eight (8) microenterprisees, supporting business expansion and job creation for LMI individuals. Documentation/data used to determine the need for this type of program Department of Labor data highlights a high unemployment rate in LMI areas and limited financial resources for small businesses. This program helps bridge these gaps by stabilizing microenterprisees and creating employment opportunities for LMI workers. Type of documentation to be collected to verify clients served are Low-to-moderate-income: Targeted beneficiaries are small businesses located in LMI-designated areas, Small business owners who are LMI individuals and Employees from LMI households. Eligibility will be determined through documentation such as: • Business tax returns and financial statements • Owner/employee income verification per HUD guidelines • Proof of business location in LMI census tracts • Documentation of job outreach efforts and applicant responses Evaluation of Program Effectiveness Success will be measured through: • Number of businesses receiving grants • Number of LMI jobs created • Reasonable outreach efforts made by businesses if LMI hires were not possible • Percentage of businesses that remain operational post-funding Data will be collected through follow-up surveys, financial reporting, and employment verification. Annual program reviews will ensure continuous improvement and long-term business sustainability. 165 6 D. Goals/Objectives/Activity Measures: Descriptive narrative. Please use separate Goal Sheet for each individual activity/program (if applicable). Project/Program Title: Goal # 1: Stimulate job creation and business growth among microenterprisees Objective: Economic Development Resources Needed & Available: Administration of the program by the Economic Development Division staff Start Date & Duration: October 1st – November 1st– applications open. Qualified applicants will be selected by November 15. Applicants will have until August 15 to submit paperwork for reimbursement. Goal # 2: Objective: Resources Needed & Available: Start Date & Duration: 166 7 E. PROJECT BUDGET Please list anticipated expenditures, detailing requested funds and additional funding. Please place other funds under “Other Funds” If funding request is for multiple activity/program, please provide a separate budget for each activity/program. Line Item CDBG Funds Requested Other Funds Total Budget PROGRAM: $95,000 $ $95,000 ADMINISTRATION: Marketing $5,000 $5,000 Other (explain) Other (explain) TOTALS $100,000 $0 $100,000 Notes: SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING. Final decision of funding is determined by City Commission. It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the CDBG grant program and the subrecipient guidelines. 167 FY2025-2026 CDBG Application Scoring Name of the organization: ________________________________________________________________________ Category Meets expectations (11-20 points) Does not meet expectations (0-10 points) Programmatic Review Proposed Project Executive Summary Points: 15 The applicant describes in detail the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they Selected for program. The applicant is unclear or does not include or describe in details the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they selected for program. Community Need & Justification Points: 18 The applicant clearly identifies and defines a specific need(s) for the project in the community and effectively describes overall effectiveness of the program, how the project relates to the overall organizational structure, how the CDBG funds are proposed to be used and will impact the current operation of the organization. The applicant does not sufficiently identify or describe a need for the project in the community and does not effectively describes overall effectiveness of the program, how the project relates to the overall organizational structure, how the CDBG funds are proposed to be used and will impact the current operation of the organization. Location, Target Population and Income Certification requirement Points: 19 The applicant clearly identifies the location of the project and the target population. The proposal demonstrates a collaborative process that includes multiple community partners involved in planning and implementation. The applicant describes in detail the income certification process and has ability and experience to income certify individuals. The applicant has provided very limited information about the location of the project and the target population. The applicant doesn’t have any partnership with other organizations. The applicant didn’t explain in detail, the process of how the organization income certify individuals, and/or has no experience with income certification, and/or is not able to income certify individuals. Feeding South Florida 168 Total Score: 89/ 100 Reviewer’s Name: ____________________________ Title: _________________________________________ Notes/comments: Proposed Project Executive Summary: Incorrect calculation of the cost per unit averages $1,875 per senior per year. There is no clear timeline for the program or sufficient data in the application to assess the need for this type of program. Community Need & Justification: Part of the answer to question #2 could also serve as the data section for the Executive Summary. The timeline is explained in this section, rather than in the Executive Summary section. Organization Capacity: The applicant did not adhere to the application format. As a reviewer, I had to determine which parts of the 11 paragraphs corresponded to each question, which is unacceptable in a grant application. The answer to question #3 was also unclear. Budget Points: 19 The budget is specific and cost reasonable, cost effective and all items align with the described project. The requested grant amount is reasonable in comparison to the in-kind, or other funds that have been identified, secured, and in place to support the project. There are not any unexplained amounts. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are reasonable. All line items are identified clearly in the budget narrative. The budget is not specific and/or cost reasonable, and the items are poorly aligned with the described project. The budget is included in the application but seems incomplete or not reflective of actual costs. The requested grant amount is not reasonable in comparison to the in-kind, or other funds that have been identified, secured, and in place to support the project. There are unexplained amounts. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are not reasonable. Line items are not clearly defined in the budget narrative. Organization Capacity Points: 18 The human resource allocation to this project is appropriate (internal staff expertise and experience). The applicant demonstrates reliability for this kind of work (provides a brief list of the topics covered in the written policies and procedures, a history or track record of achievements, and letters of support). It explains how CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding. The organization provides a description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant answered all the questions in the application. The human resource allocation to this project is not appropriate (internal staff expertise and experience). The applicant is limited in its ability to demonstrate reliability for this kind of work (the applicant doesn’t provide a brief list of the topics covered in the written policies and procedures, a history or track record of achievements, and letters of support) It doesn’t explain how CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding. The organization doesn’t’ provide a description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant didn’t answer all the questions in the application. Mirna Crompton Grants Manager 169 FY2025‐2026 CDBG Application Scoring Name of the organization: _Feeding South Florida_______________________________________________________________________ Category Meets expectations (11‐20 points) Does not meet expectations (0‐10 points) Programmatic Review Proposed Project Executive Summary Points: 20 The applicant describes in detail the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they Selected for program. Applicant, provide a clear and concise Application, with an effective summarization of the project community. The applicant is unclear or does not include or describe in details the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they selected for program. Community Need & Justification Points: 20 The applicant clearly identifies and defines a specific need(s) for the project in the community and effectively describes overall effectiveness of the program, how the project relates to the overall organizational structure, how the CDBG funds are proposed to be used and will impact the current operation of the organization. The description and the details provided with this application aligned and justify the activity and will have a positive impact on the Community The applicant does not sufficiently identify or describe a need for the project in the community and does not effectively describes overall effectiveness of the program, how the project relates to the overall organizational structure, how the CDBG funds are proposed to be used and will impact the current operation of the organization. 170 Location, Target Population and Income Certification requirement Points: 15 The applicant clearly identifies the location of the project and the target population. The proposal demonstrates a collaborative process that includes multiple community partners involved in planning and implementation. The applicant describes in detail the income certification process and has ability and experience to income certify individuals. The applicant has provided very limited information about the location of the project and the target population. The applicant doesn’t have any partnership with other organizations. The applicant didn’t explain in detail, the process of how the organization income certify individuals, and/or has no experience with income certification, and/or is not able to income certify individuals. Budget Points: 8 The budget is specific and cost reasonable, cost effective and all items align with the described project. The requested grant amount is reasonable in comparison to the in‐kind, or other funds that have been identified, secured, and in place to support the project. There are not any unexplained amounts. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are reasonable. All line items are identified clearly in the budget narrative. The cost is not too reasonable in my opinion The budget is not specific and/or cost reasonable, and the items are poorly aligned with the described project. The budget is included in the application but seems incomplete or not reflective of actual costs. The requested grant amount is not reasonable in comparison to the in‐kind, or other funds that have been identified, secured, and in place to support the project. There are unexplained amounts. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are not reasonable. Line items are not clearly defined in the budget narrative. Organization Capacity Points: 15 The human resource allocation to this project is appropriate (internal staff expertise and experience). The applicant demonstrates reliability for this kind of work (provides a brief list of the topics covered in the written policies and procedures, a history or track record of achievements, and letters of support). It explains how CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding. The organization provides a description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant answered all the questions in the application. The human resource allocation to this project is not appropriate (internal staff expertise and experience). The applicant is limited in its ability to demonstrate reliability for this kind of work (the applicant doesn’t provide a brief list of the topics covered in the written policies and procedures, a history or track record of achievements, and letters of support) It doesn’t explain how CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding. The organization doesn’t’ provide a description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant didn’t answer all the questions in the application. 171 Total Score: 78/ 100 Reviewer’s Name: ___Jessika Viciere_________________________ Title: Accountant _________________________________________ Notes/comments: The organization provides a fair description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant also answered all the questions in the application. 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 State of Florida Department of State I certify from the records of this office that FEEDING SOUTH FLORIDA,INC. is a corporation organized under the laws of the State of Florida,filed on February 17,1981. The document number of this corporation is 756490. I further certify that said corporation has paid all fees due this office through December 31,2025,that its most recent annual report/uniform business report was filed on January 30,2025,and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the Thirtieth day of January,2025 Tracking Number:0209585462CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication 190 191 192 FY25 Board of Directors Board Member Joined Board Place of Employment Title Michael Block 6/1/2015 Witty Toys CEO Henry Del Campo 3/1/2016 Bank of Montreal Director, Sr. Relationship Manager Michelle Esposito 3/3/2022 JM Family VP, JM&A IT Ignacio Felix 1/22/2021 McKinsey & Company Managing Partner, Leader in Manufactur Supply Chain William Fletcher 7/1/2017 Randy Friedlander 2/13/2024 Morgan Stanley Sr. VP, Family Wealth Advisor Robert "Bob" McCabe 1/1/2014 Oppenheimer & Co.Branch Manager, Sr. Director Chris Mellgren 7/1/2017 Surfside Coffee Company CEO Kelly Murphy 9/1/2018 Events on the Loose Founder, Creative Curator Harris Siskind 8/23/2013 McDermott Will & Emery Partner, Global Head of Transactions Practice Group Steve Stowe 1/22/2021 Miami Heat VP/Executive Director Dr. Jennyfer Uzor 9/14/2023 Allegra Family Pediatrics CEO Stephanie G. Wicky 10/28/2021 Ryder Systems, Inc VP of Marketing 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 DM_US 158255292-2.099749.0647 AMENDED AND RESTATED BYLAWS OF FEEDING SOUTH FLORIDA, INC. a Florida Not for Profit Corporation 214 DM_US 158255292-2.099749.0647 AMENDED AND RESTATED BYLAWS OF FEEDING SOUTH FLORIDA, INC. a Florida Not for Profit Corporation ARTICLE I NAME AND PURPOSE Section 1.1 Name. The name of the corporation is Feeding South Florida, Inc. (the “Corporation”). Section 1.2 Purposes. The purposes of the Corporation are those stated in its Articles of Incorporation. ARTICLE II OFFICES Section 2.1 Registered Office. The location of the registered office of the Corporation shall be at 2501 S.W. 32nd Terrace, Pembroke Park, Florida, 33023-7707, which location may be changed from time to time by the Board of Directors. Section 2.2 Other Offices. The Corporation may also have offices or branches at such other places, both within and without the State of Florida, as the Board of Directors may from time to time determine or as the business of the Corporation may require. ARTICLE III MEMBERSHIP The Corporation will not have members. ARTICLE IV DIRECTORS Section 4.1 Responsibilities of the Board. All power and authority regarding the property, affairs and management of the Corporation shall be vested in and controlled by the Board of Directors. The Board of Directors shall establish policies and directives governing the business of the Corporation, and may delegate to the Chair of the Corporation or to a Committee of the Corporation, subject to the provisions of these Amended and Restated Bylaws (“Bylaws”), authority and responsibility to ensure that the policies and directives are implemented by the Board of Directors, Committees, and Officers. The Board of Directors shall have no authority to take any action contrary to, or inconsistent with, the Articles of Incorporation, these Bylaws or the provisions of the Florida Not For Profit Corporation Act, as amended (the “Act”). Each Director shall contribute to the Corporation least $2,500 annually and shall cause to be contributed by others funding, goods or services having a value (as determined by the Board) of minimum $25,000 annually. 215 2 DM_US 158255292-2.099749.0647 Section 4.2 Number And Qualifications. The Board of Directors shall be composed of no less than three (3) Directors. Membership on the Board of Directors shall be nondiscriminatory with regard to age, race, gender, sexual orientation, religion, ethnicity or creed. Section 4.3 Nominations. Nominations to the Board of Directors shall be made in accordance with the policies and procedures developed and implemented by the Board of Directors. Section 4.4 Election. The Directors shall be elected at the annual meeting of the Board of Directors by a majority vote of Directors present at such meeting; provided, however, that the election of incumbent Directors serving a third or later three-year term shall require a supermajority vote in accordance with Section 4.5 of these Bylaws. Section 4.5 Term. Directors shall be elected for such term as determined by the Board of Directors, which term shall be the same for each Director or applicable class of Director. Absent such determination, each Director shall be elected for a three-year term. No Director shall be elected for more than two three-year terms; provided, however, that the Board of Directors can waive the foregoing term limit and elect an incumbent Director for up to two (2) additional three- year terms after the conclusion of such Director’s then expiring term based on the following two requirements being satisfied. First, the Board Development Committee shall determine by approval of at least 2/3rds of the members of such committee (not including the Director seeking such an additional term) that the Director seeking such additional term, for each year that the Director has served as a Director of the Corporation, (i) has attended 85% of the meetings of the Board of Directors (either personally or via telephone), (ii) has made the individual financial contribution to the Corporation required of Directors, (iii) has participated in at least one Committee of the Board of Directors, and (iv) has otherwise been an active and contributing Director of the Corporation through additional personal financial contributions, personal time commitment, recruitment of other Directors to the Corporation and/or dissemination of information concerning the Corporation to community leaders, local corporations and philanthropists. Second, after approval by the Board Development Committee of an additional term as a Director based on the foregoing requirements, the entire Board of Directors shall approved the additional term for the Director by a vote of at least 2/3rds of the members of the entire Board of Directors (not including the Director seeking an additional term). Newly elected Directors shall assume office, and terms of Directors that are expiring shall expire, as of the date of the annual meeting of the Board of Directors or at any other time as designated by the Board. Directors that are appointed to fill a vacancy shall take office immediately and hold office for the unexpired portion of the term of the vacating Director. Unless removed in accordance with the provisions of these Bylaws, each Director shall hold office for the term for which she or he is elected or appointed and until her or his successor shall have been duly elected or appointed. Section 4.6 Vacancies. A vacancy shall be declared in any seat on the Board of Directors upon the death, resignation, or removal of the occupant thereof, or upon the disability of any occupant rendering him or her permanently incapable of participating in the management and affairs of the Corporation. Vacancies on the Board may be filled at any time, as they arise, at a duly called meeting of the Board of Directors by the affirmative vote of a majority of the Directors present at such meeting. 216 3 DM_US 158255292-2.099749.0647 Section 4.7 Resignation. A Director may resign by written notice to the Corporation. The resignation is effective upon its delivery to the Corporation or a subsequent time as se t forth in the notice of resignation. If a resignation is made effective at a later date, the Board of Directors may fill the pending vacancy before the effective date if the Board of Directors provides that the successor does not take office until the effective date. Section 4.8 Removal. Any Director may be removed at any time, with or without cause, by a majority vote of the total number of Directors at a duly called meeting of the Board of Directors. Removal of a Director shall result in a vacancy of the removed Director's board seat. A proposed removal of a Director at a meeting shall require a separate vote for each Director whose removal is sought. Where removal is sought by written consent, a separate consent is required for each Director to be removed. If removal is effected at a meeting, any vacancies created shall be filled by the Directors eligible to vote for the removal. Any Director who is removed from the Board is not eligible to stand for reelection until the next annual meeting at which Directors are elected. Any Director removed from office shall turn over to the Board within 72 hours any and all records of the Corporation in his or her possession. If a Director who is removed does not relinquish his or her office or turn over records as required under this section, the circuit court in the county where the Corporation’s principal office is located may summarily order the Director to relinquish his or her office and turn over corporate records upon application of any Director. Section 4.9 Absence of Director. Any Director unable to attend a meeting shall inform the President or Chair in advance of the meeting, stating the reason for his or her absence. The President or Chair shall have the power in his or her sole and absolute discretion to excuse such absence. If a Director has two or more consecutive unexcused absences, the Director’s resignation shall be deemed to have been tendered and accepted. Section 4.10 Chair. The Chair shall provide the leadership required to ensure the adequate performance of duties assigned to the Board of Directors, Officers and any Committees established by the Board. The Chair shall preside at all meetings of the Board of Directors. The Chair shall be an ex-officio voting member of all standing and special Committees. In general, the Chair shall perform all duties incident to the office of Chair and have such other powers and duties as may from time to time be prescribed pursuant to resolutions duly adopted by the Board of Directors. The Chair shall chair the Executive Committee. The Chair shall appoint Chairpersons and members of all Board Committees, and the Chair shall have the authority to appoint Directors to undertake specific tasks as needed. Section 4.11 Absence of Chair; Vacancy. In the absence of the Chair or in the event of the Chair's inability or refusal to act, the Treasurer shall perform the duties of the Chair, and when so acting shall have all the power of and be subject to all of the restrictions upon the Chair. In the event of a vacancy of the office of Chair, the Treasurer shall become acting Chair until the vacancy is filled by action of the Board of Directors. The Treasurer shall communicate with the Chair and the Directors and shall assist the Chair in performing his or her duties, as requested by the Chair. ARTICLE V MEETINGS OF THE BOARD OF DIRECTORS Section 5.1 Place of Meetings. Meetings of the Board of Directors may be held either within or without the State of Florida. 217 4 DM_US 158255292-2.099749.0647 Section 5.2 Regular Meetings. Regular meetings of the Board of Directors may be held at such time and at such place as shall from time to time be determined by the Chair or the vote of the Board of Directors. Any notice given of a regular meeting need not specify the business to be transacted or the purpose of the meeting. Section 5.3 Special Meetings. Special meetings of the Board of Directors may be called by the Chair and shall be called by the Secretary on the written request of any two Directors. The person authorized to call special meetings of the Board of Directors may fix any place, either within or without the State of Florida, as the place for holding any special meeting of the Board of Directors called by her or him. Written notice of any special meeting shall be given to all Directors at least 48 hours prior to such special meeting. Notice of any special meeting need not specify the business to be transacted or the purpose of the meeting. Section 5.4 Annual Meetings. The annual meeting of the Board of Directors will be held at such time and place as designated by a majority of the Board of Directors. Section 5.5 Attendance as Waiver of Notice. Attendance of a Director at any meeting shall constitute a waiver of notice of such meeting, except where a Director attends for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened. Section 5.6 Quorum of Directors: Majority Vote. At all meetings of the Board of Directors, the presence (whether in person or by electronic medium that allows immediate, contemporaneous exchange) of a majority of Directors then in office shall constitute a quorum for the transaction of business, and the act of the majority of the Directors present (whether in person, by telephone, or by proxy) at any meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by the Act, the Articles of Incorporation or these Bylaws. If a quorum is not present at any meeting of Directors, the Directors present in person may adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum is present. Section 5.7 Action Without a Meeting. Any action required to be taken at a meeting of Directors, or any action which may be taken at a meeting of the Directors or any Committee, may be taken without a meeting if consent in writing (including electronic media), setting forth the action to be taken, shall have been signed by all of the Directors or Committee members. Such consent shall have the same force and effect as a unanimous vote at a meeting. Section 5.8 Electronic Presences at a Meeting. Subject to the provisions of the Act and these Bylaws concerning notice of meetings and unless otherwise restricted by the Articles of Incorporation or these Bylaws, members of the Board of Directors, or members of any Committee, may participate in and hold a meeting of such Board of Directors or Committee by any means that provides immediate, contemporaneous verbal exchange by which all Directors participating may hear each other simultaneously during the meeting, and such participation shall constitute presence in person at such meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened. 218 5 DM_US 158255292-2.099749.0647 Section 5.9 Compensation. Directors as such shall not receive any compensation for their services as Directors, but no Director shall be precluded from serving the Corporation in any other capacity and receiving compensation therefore and Directors may, by reso lution, authorize reimbursement of expenses incurred in the performance of their duties. ARTICLE VI NOTICES Section 6.1 Delivery of Notices. Whenever, under the provisions of the Act or of the Articles of Incorporation or of these Bylaws, written notice is required to be given to any Director or Committee member, such notice shall be given in writing by personal delivery, facsimile, email, overnight delivery service or by mail (registered, certified or other first class mail) addressed to such Director or Committee member at his or her address as it appears on the records of the Corporation, with postage thereon prepaid. Such notice shall be deemed to be given upon the date emailed, upon confirmation of receipt, if sent by personal delivery or facsimile, one day after delivery to a recognized overnight delivery service, or three days after the notice shall be deposited in a post office or official depository under the exclusive care and custody of the United States postal service. Section 6.2 Waiver of Notice. Whenever any notice is required to be given under the provisions of the Act or of the Articles of Incorporation or these Bylaws, a waiver thereof in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Directors or a committee need be specified in any written waiver of notice. ARTICLE VII OFFICERS Section 7.1 Elective Officers. Elective Officers of the Corporation shall be elected each year by the Board of Directors at the annual meeting of the Board of Directors. Any such election shall be held by open voting unless a Director moves to have such election held by ballot and two other Directors second such motion, in which case the election shall be held by ballot. A majority of the votes cast shall carry the election. The Board of Directors may elect such additional officers or assistant officers as it may from time to time determine. Section 7.2 Term of Officers. Each elective officer shall take office immediately upon his or her election and shall serve for a term of one year and until his or her successor is duly elected and qualified. Section 7.3 Vacancy; Removal; and Resignation. Any Officer elected or appointed may be removed, with or without cause, by the persons authorized to elect or appoint such Officer whenever in their judgment the best interests of the Corporation will be served thereby. A vacancy occurring in any office of the Corporation by death, resignation, removal or otherwise shall be filled by the Board of Directors. An Officer may resign by written notice to the Corporation. The resignation is effective upon its delivery to the Corporation or a subsequent time as set forth in the notice of resignation. If a resignation is made effective at a later date and the Corporation accepts the future effective date, the Board of Directors may fill the pending vacancy before the effective 219 6 DM_US 158255292-2.099749.0647 date if the Board of Directors provides that the successor does not take office until the effective date of the pending vacancy. Section 7.4 Vacancy in Officer Position. Vacancies in any office may be filled for the balance of the term thereof by the Directors at any regular or special meeting. Section 7.5 Chief Executive Officer. The CEO shall report to the Board of Directors on operations and all matters material to the business of the Corporation, and shall perform such other duties as are necessarily incident to the office or as may be prescribed by the Board of Directors. The CEO shall participate in the active management of the affairs of the Corporation, and shall be responsible for overseeing the implementation and operation of the Corporation's charitable and educational programs. The CEO is an ex-officio, non-voting member of the Board. Section 7.6 Treasurer. The Treasurer shall be responsible for: monitoring the control, receipt, and custody of all assets of the Corporation; monitoring disbursements as authorized by the Board of Directors; and reporting receipt, use and disbursements of all assets of the Corporation. The Treasurer shall exercise the powers and perform such other duties usually incident to the office of Treasurer. Section 7.7 Secretary. The Secretary shall be responsible for seeing that notices are issued for all meetings of the Board of Directors, and shall see that the minutes of such meetings are kept. The Secretary shall be responsible for the custody of corporate books, records and files, and shall exercise the powers of the office of Secretary. The Secretary shall be responsible for authenticating records of the Corporation. Section 7.8 Other Officers. To the extent the powers and duties of any Officers are not provided in these Bylaws or from time to time by resolution or other directive of the Board of Directors, the Officers shall have all powers and shall discharge the duties customarily and usually held and performed by like officers of corporations similar in organization and business purposes to the Corporation. ARTICLE VIII COMMITTEES OF THE BOARD OF DIRECTORS Section 8.1 Committees. (a) The Board of Directors, by resolution adopted by a majority of the full Board, may designate from among its members an Executive Committee and one or more other committees (a “Committee”) each of which, to the extent provided in such shall have and may exercise all the authority of the Board, except that no such Committee shall have the authority to fill vacancies on the Board or any Committee thereof or adopt, amend, or repeal these Bylaws. (b) The meeting, notice and waiver of notice, and quorum and voting requirements of the Board of Directors shall apply to Committees and their members. (c) Each Committee must have two or more Directors who serve at the pleasure of the Board. The Board, by resolution adopted in accordance with Section 8.0(a) hereof, may designate one or more Directors as alternate members of any such Committee who may act in the place instead of any absent member or members at any meeting of such Committee. 220 7 DM_US 158255292-2.099749.0647 (d) Neither the designation of any such Committee, the delegation thereto of authority, nor action by such Committee pursuant to such authority shall alone constitute compliance by any Director who is not a member of the Committee in question with his or her responsibility to act in good faith, in a manner he or she reasonably believes to be in the best interests of the Corporation, and with such care as an ordinarily prudent person in a like position would use under similar circumstances. Section 8.2 Advisory Committees. The Board of Directors may, from time to time, create honorary and/or advisory Committees to support and promote the activities of the Corporation. Such Committees shall have such purposes, powers and procedures as shall be determined from time to time by the Board of Directors. Section 8.3 Vacancies. Vacancies in the membership of any Committee may be filled by appointments made in the same manner as provided in the case of the original appointments. Section 8.4 Reports. Each Committee shall report findings and recommendations to the Board of Directors as required to keep the Board of Directors reasonably informed of such Committee’s findings and recommendations. ARTICLE IX DUTIES OF DIRECTORS AND OFFICERS Section 9.1 Duty of Directors and Officers. Directors and Officers shall discharge the duties of their respective positions in good faith and with that degree of diligence, care, and skill which ordinarily prudent persons would exercise under similar circumstances in like positions. In the administration of the powers to make and retain investments, to appropriate appreciation, and to delegate investment management of institutional funds, as provided by law, the Board of Directors shall consider among other relevant considerations the long and short-term needs of the Corporation in carrying out its purposes, its present and anticipated financial requirements, expected total return on its investments, price level trends and general economic conditions. In discharging their duties, Directors and Officers, when acting in good faith, may rely upon financial statements of the Corporation represented to them to be correct by the Chair, or the Officer of the Corporation having charge of its books of accounts, or stated in a written report by a certified public accountant or firm fairly to reflect the financial condition of the Corporation. Section 9.2 Conflict of Interest. Directors and Officers serve the Corporation in a fiduciary capacity and as such owe a duty of loyalty to the purposes of the Corporation. Any possible conflict between the interests of the Corporation and the personal or business interests of a Director, an Officer, or member of their families, shall be disclosed to the Board and made a record through an annual procedure and also when the interest becomes a matter of Board action. Any Director having a duality of interest or a possible conflict of interest on any matter shall not vote or use personal influence on the matter. The minutes of the meeting shall reflect that a disclosure was made and the abstention from voting. This conflict of interest policy shall not be construed as preventing a Director or Officer from stating his position in the matter or from answering pertinent questions since his knowledge may be of great assistance to the voting Directors. 221 8 DM_US 158255292-2.099749.0647 ARTICLE X INDEMNIFICATION AND EXCULPATION Section 10.1 Indemnification. The Corporation, to the fullest extent authorized or permitted by the provisions of the Act, shall indemnify against liability, and advance expenses to, any person, and his or her heirs, executors, administrators and legal representatives, who is or was a party to any proceeding by reason of the fact that such person is or was a Director or Officer of the Corporation or is or was serving as a director or officer of another corporation, partnership, joint venture, trust or other enterprise at the request of the Corporation. Officers and Directors who are so entitled to be indemnified shall be paid their expenses in advance of a final disposition of the proceeding to the maximum extent authorized or permitted by the provisions of the Act. Section 10.2 Insurance. The Corporation shall have the power to purchase and maintain insurance to indemnify the Corporation and its Directors and Officers whether or not the Corporation would have the power to indemnify its Directors and Officers against such liability. Section 10.3 Private Foundations and Other Limitations. In no case shall the Corporation indemnify, reimburse, or insure any person for any taxes imposed on such person under chapter 42 of the Code. Furthermore, (a) if at any time the Corporation is a private foundation within the meaning of section 509(a) of the Code, then during such time no payment shall be made under this Article if such payment would constitute an act of self-dealing or taxable expenditure as defined in section 4941(d) or section 4945(d), respectively, of the Code and (b) if at any time the Corporation is not a private foundation within the meaning of section 509 of the Code, then during such time no payment shall be made under this Article if such payment would constitute an excess benefit transaction as defined in section 4958 of the Code. Section 10.4 Exculpation. A Director shall not be personally liable to the Corporation or any person for monetary damages for failure to perform his or her duties as a Director, unless such failure to perform constitutes (a) a violation of the criminal law, unless the Director had reasonable cause to believe his or her conduct was lawful or had no reasonable cause to bel ieve his or her conduct was unlawful (b) a transaction from which the Director derived an improper personal benefit, directly or indirectly, or (c) recklessness or an act or omission that was committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property. If the Act hereafter is amended to authorize the further elimination or limitation of the liability of directors, then the liability of Directors of this Corporation shall be eliminated or limited to the full extent authorized by such amendment. Section 10.5 Amendment or Repeal. Any repeal or modification of the foregoing provisions of this Article shall not adversely affect any right or protection hereunder of any person in respect of any act or omission occurring prior to the time of such repeal or modification. The rights provided hereunder shall inure to the benefit of any indemnified person and such person’s heirs, executors and administrators. Section 10.6 Severability. If any part of this Article shall be found in any action, suit, or proceeding to be invalid or ineffective, the validity and the effectiveness of the remaining parts shall not be affected. 222 9 DM_US 158255292-2.099749.0647 ARTICLE XI GENERAL PROVISIONS Section 11.1 Contracts. The Board of Directors may authorize any Officer or Officers, agent or agents of the Corporation, in addition to the Officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, provided that such contract or instrument is in alignment with the mission and direction of the organization, and is not in violation of the Articles of Incorporation, these Bylaws or applicable law. Such authority may be general or confined to specific instances. Section 11.2 Contributions. Contributions, bequests and gifts to the Corporation shall be accepted or collected only as authorized by the Board of Directors. Guidelines for accepting contributions shall be established by the Board of Directors. Section 11.3 Checks and Drafts. All checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Corporation shall be signed by such Officer or Officers, agent or agents of the Corporation and in such manner as shall from time to time be determined by resolution of the Board of Directors. The Board Chair shall countersign all authorizations for payments of bills, except the payment of normal, routine, and recurring bills in an amount not exceeding $25,000. Section 11.4 Deposits. All funds of the Corporation shall be deposited from time to time to the credit of the Corporation in such banks, trust companies, or other depositories as the Board of Directors may select. Section 11.5 Financial Report. A summary report of the financial operations of the Corporation shall be made available to the public annually, in such form as the Board of Directors shall provide. Within 60 days following the end of the fiscal or calendar year or annually on such date as is otherwise provided by the Board, the Executive Committee shall provide to each Director a complete financial report of actual receipts and expenditures for the previous 12 months. The report shall show the amounts of receipts by accounts and receipt classifications and shall show the amounts of expenses by accounts and expense classifications. Section 11.6 Fiscal Year. The fiscal year of the Corporation shall be fixed from time to time by resolution of the Board of Directors, but shall begin on July 1st and end June 30th , if not otherwise fixed by the Board of Directors. Section 11.7 Seal. The Board of Directors may provide for a corporate seal in such form as it prescribes. The corporate seal shall have inscribed thereon the name of the Corporation and the words "Corporate Seal, Florida." The seal may be used by causing it or a facsimile t hereof to be impressed or affixed or reproduced or otherwise. Except as otherwise provided by law, the failure to affix the seal of the Corporation to a document shall not affect the validity thereof. Section 11.8 Books and Records. The Corporation shall keep correct and complete books and records of account, shall keep minutes of the proceedings of its Board of Directors and Committees having any authority of the Board of Directors. Section 11.9 Nondiscrimination Policy. The Corporation shall, in the conduct of its business, programs and activities, admit program participants of any race, color, religion, national 223 10 DM_US 158255292-2.099749.0647 origin, disability, gender, sexual orientation, age and ethnic origin to all the rights, privileges, programs, and activities generally accorded or made available to participants in the Corporation’s programs. The Corporation shall not discriminate on the foregoing basis in administration of its educational policies, admission policies, and other Corporation-administered programs. Section 11.10 Confidentiality. Except as required by applicable law, legal process or agreements to which the Corporation is a party, each Director and Officer and his or her respective agents shall keep secret and confidential, and agrees to keep secret and confidential, all information acquired relating to the following (all such information being hereinafter referred to as “Confidential Business Information”): (a) the financial condition and other information relating to the business of the Corporation, including without limitation, its rates for services, its operations and contracts, and its business plans and arrangements; (b) the systems, products, plans, services, marketing sales, administration and management procedures, trade relations or practices, techniques and practices heretofore or hereafter acquired, developed and/or used by the Corporation; and (c) the Corporation’s providers, clients, customers, donors, suppliers, vendors, lenders, independent contractors and payers and the provisions and terms of any agreements or proposed agreements between the Corporation and any of such individual or entities; provided that Confidential Business Information shall not include information already publically available. No Director or Officer shall at any time disclose Confidential Business Information to any person, firm, corporation, association or other entity, or use the same in any manner other than in connection with the business and affairs of the Corporation. Directors and Officers shall under no circumstances use Confidential Business Information in any way reasonably perceived as detrimental to the Corporation. Section 11.11 Bylaws Govern. These Bylaws shall govern the internal affairs of the Corporation, but only to the extent they are consistent with law and the Articles of Incorporation. ARTICLE XII AMENDMENTS Section 12.1 These Bylaws may be amended or repealed, or new Bylaws may be adopted, at a duly called meeting of the Board of Directors - by the affirmative vote of two-thirds of the Directors present at such meeting. 224 225 226 22634004-01-22 CITRIN COOPERMAN ADVISORS LLC 6550 N. FEDERAL HIGHWAY, 4TH FLOOR FT. LAUDERDALE, FL 33308 FEEDING SOUTH FLORIDA, INC. 2501 SW 32ND TERRACE PEMBROKE PARK, FL 33023 !330239! 227 CLIENT'S COPY Caution: Forms printed from within Adobe Acrobat products may not meet IRS or state taxing agency specifications. When using Acrobat, select the "Actual Size" in the Adobe "Print" dialog. 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 228 Feeding South Florida, Inc. 2501 SW 32nd Terrace Pembroke Park, FL 33023 Feeding South Florida, Inc.: Enclosed are the original and one copy of the 2022 Exempt Organization return, as follows... 2022 Form 990 Your copy of the tax returns, e-filing authorizations and estimated tax vouchers, if applicable, are being provided to you via SafeSend to ensure proper protection of your personal information. Please download all enclosures and save them to your computer or print them for future reference. Your tax returns will be available in the SafeSend portal for 12 months from the date of the receipt. If applicable, your package will include paper copies of tax returns required to be mailed directly by you to a taxing jurisdiction. Please follow the instructions provided for each return These returns were prepared from the information furnished by you. Please review them before filing to ensure there are no omissions or misstatements of material facts. Please be sure to e-sign and return the e-filing authorization forms to us via SafeSend to ensure timely processing. Please contact us if you have any questions. Thank you for choosing us for your tax services. Sincerely, Tyler Johnson 229 TAX RETURN FILING INSTRUCTIONS FORM 990 FOR THE YEAR ENDING June 30, 2023 Prepared For: Feeding South Florida, Inc. 2501 SW 32nd Terrace Pembroke Park, FL 33023 Prepared By: Citrin Cooperman Advisors LLC 6550 N. Federal Highway, 4th Floor Ft. Lauderdale, FL 33308 Amount Due or Refund: Not applicable Make Check Payable To: Not applicable Mail Tax Return and Check (if applicable) To: Not applicable Return Must be Mailed On or Before: Not applicable Special Instructions: This return has qualified for electronic filing. The return has been transmitted electronically to the IRS and no further action is required. 230 OMB No. 1545-0047 Form For calendar year 2022, or fiscal year beginning , 2022, and ending , 20 Department of the Treasury Internal Revenue Service Signature of officer or person subject to tax 202521 12-16-22 EIN or SSN Enter five numbers, butdo not enter all zerosERO firm name Do not enter all zeros Do not send to the IRS. Keep for your records. Go to www.irs.gov/Form8879TE for the latest information. 1a, 2a, 3a, 4a, 5a, 6a, 7a, 8a, 9a, 10a 1b, 2b, 3b, 4b, 5b, 6b, 7b, 8b, 9b,10b, Do not 1a 2a 3a 4a 5a 6a 7a 8a 9a 10a Form 990 Form 990-EZ Form 1120-POL b Total revenue, 1b 2b 3b 4b 5b 6b 7b 8b 9b 10b b Total revenue, b Total tax Form 990-PF Form 8868 b Tax based on investment income b Balance due Form 990-T b Total tax Form 4720 b Total tax Form 5227 b FMV of assets at end of tax year Form 5330 b Tax due Form 8038-CP b Amount of credit payment requested (a) (b)(c) PIN: check one box only ERO's EFIN/PIN. Pub. 4163, For Privacy Act and Paperwork Reduction Act Notice, see instructions. e-file Name of filer Name and title of officer or person subject to tax ~~~~ ~~~~~~~~~~~~~~~~~~~~ Date ERO's signature Date Form (2022) Check the box for the return for which you are using this Form 8879-TE and enter the applicable amount, if any, from the return. Form 8038-CP and Form 5330 filers may enter dollars and cents. For all other forms, enter whole dollars only. If you check the box on line or below, and the amount on that line for the return being filed with this form was blank, then leave line or whichever is applicable, blank (do not enter -0-). But, if you entered -0- on the return, then enter -0- on the applicable line below. complete more than one line in Part I. check here check here check here ~~~if any (Form 990, Part VIII, column (A), line 12)~~~~~~ ~if any (Form 990-EZ, line 9)~~~~~~~~~~~~~~~ (Form 1120-POL, line 22)~~~~~~~~~~~~~~~~~~~ check here check here ~(Form 990-PF, Part V, line 5) ~~(Form 8868, line 3c) check here ~~(Form 990-T, Part III, line 4)~~~~~~~~~~~~~~~~~~ check here ~~(Form 4720, Part III, line 1)~ check here ~~ (Form 5227, Item D) check here ~~ (Form 5330, Part II, line 19) check here (Form 8038-CP, Part III, line 22) Under penalties of perjury, I declare that I am an officer of the above entity or I am a person subject to tax with respect to (name of entity), (EIN)and that I have examined a copy of the 2022 electronic return and accompanying schedules and statements, and, to the best of my knowledge and belief, they are true, correct, andcomplete. I further declare that the amount in Part I above is the amount shown on the copy of the electronic return. I consent to allow myintermediate service provider, transmitter, or electronic return originator (ERO) to send the return to the IRS and to receive from the IRS anacknowledgement of receipt or reason for rejection of the transmission, the reason for any delay in processing the return or refund, and the dateof any refund. If applicable, I authorize the U.S. Treasury and its designated Financial Agent to initiate an electronic funds withdrawal (direct debit)entry to the financial institution account indicated in the tax preparation software for payment of the federal taxes owed on this return, and thefinancial institution to debit the entry to this account. To revoke a payment, I must contact the U.S. Treasury Financial Agent at 1-888-353-4537 nolater than 2 business days prior to the payment (settlement) date. I also authorize the financial institutions involved in the processing of the electronicpayment of taxes to receive confidential information necessary to answer inquiries and resolve issues related to the payment. I have selected apersonal identification number (PIN) as my signature for the electronic return and, if applicable, the consent to electronic funds withdrawal. I authorize to enter my PIN as my signature on the tax year 2022 electronically filed return. If I have indicated within this return that a copy of the return is being filed with a state agency(ies) regulating charities as part of the IRS Fed/State program, I also authorize the aforementioned ERO to enter my PIN on the return's disclosure consent screen. As an officer or person subject to tax with respect to the entity, I will enter my PIN as my signature on the tax year 2022 electronically filed return. If I have indicated within this return that a copy of the return is being filed with a state agency(ies) regulating charities as part of the IRS Fed/State program, I will enter my PIN on the return's disclosure consent screen. Enter your six-digit electronic filing identification number (EFIN) followed by your five-digit self-selected PIN. I certify that the above numeric entry is my PIN, which is my signature on the 2022 electronically filed return indicated above. I confirm that I am submitting this return in accordance with the requirements of Modernized e-File (MeF) Information for Authorized IRS Providers for Business Returns. LHA Part I Type of Return and Return Information Part II Declaration and Signature Authorization of Officer or Person Subject to Tax Part III Certification and Authentication ERO Must Retain This Form - See Instructions Do Not Submit This Form to the IRS Unless Requested To Do So 8879-TE IRS e-file Signature Authorizationfor a Tax Exempt Entity8879-TE 2022 FEEDING SOUTH FLORIDA, INC.59-2097520 154,794,391.X X CITRIN COOPERMAN ADVISORS LLC 97520 PRESIDENT 65945325370 05/15/24 JUL 1 JUN 30 23 FRANCISCO VELEZ TYLER JOHNSON X 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 231 Check if self-employed Department of the TreasuryInternal Revenue Service Check ifapplicable: Addresschange Namechange Initialreturn Finalreturn/termin-ated Gross receipts $ Amendedreturn Applica-tionpending Are all subordinates included? 232001 12-13-22 OMB No. 1545-0047 Beginning of Current Year Paid Preparer Use Only Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except private foundations) Do not enter social security numbers on this form as it may be made public.Open to Public InspectionGo to www.irs.gov/Form990 for instructions and the latest information. A For the 2022 calendar year, or tax year beginning and ending B C D Employer identification number E G H(a) H(b) H(c) F Yes No Yes No I J K Website: L M 1 2 3 4 5 6 7 3 4 5 6 7a 7b a bActivities & GovernancePrior Year Current Year 8 9 10 11 12 13 14 15 16 17 18 19Revenuea bExpenses End of Year 20 21 22 Sign Here Yes No For Paperwork Reduction Act Notice, see the separate instructions. (or P.O. box if mail is not delivered to street address)Room/suite )501(c)(3)501(c) ((insert no.)4947(a)(1) or 527 Corporation Trust Association OtherForm of organization:Year of formation:State of legal domicile:Net Assets orFund BalancesUnder penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge. Signature of officer Date Type or print name and title Date PTINPrint/Type preparer's name Preparer's signature Firm's name Firm's EIN Firm's address Phone no. Form Name of organization Doing business as Number and street Telephone number City or town, state or province, country, and ZIP or foreign postal code Is this a group return for subordinates?Name and address of principal officer:~~ If "No," attach a list. See instructions Group exemption number Tax-exempt status: Briefly describe the organization's mission or most significant activities: Check this box if the organization discontinued its operations or disposed of more than 25% of its net assets. Number of voting members of the governing body (Part VI, line 1a) Number of independent voting members of the governing body (Part VI, line 1b) Total number of individuals employed in calendar year 2022 (Part V, line 2a) ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~ Total number of volunteers (estimate if necessary) Total unrelated business revenue from Part VIII, column (C), line 12 Net unrelated business taxable income from Form 990-T, Part I, line 11 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~ Contributions and grants (Part VIII, line 1h)~~~~~~~~~~~~~~~~~~~~~ Program service revenue (Part VIII, line 2g)~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~Investment income (Part VIII, column (A), lines 3, 4, and 7d) Other revenue (Part VIII, column (A), lines 5, 6d, 8c, 9c, 10c, and 11e)~~~~~~~~ Total revenue - add lines 8 through 11 (must equal Part VIII, column (A), line 12) Grants and similar amounts paid (Part IX, column (A), lines 1-3) Benefits paid to or for members (Part IX, column (A), line 4) Salaries, other compensation, employee benefits (Part IX, column (A), lines 5-10) ~~~~~~~~~~~ ~~~~~~~~~~~~~ ~~~ Professional fundraising fees (Part IX, column (A), line 11e) Total fundraising expenses (Part IX, column (D), line 25) ~~~~~~~~~~~~~~ Other expenses (Part IX, column (A), lines 11a-11d, 11f-24e) Total expenses. Add lines 13-17 (must equal Part IX, column (A), line 25) Revenue less expenses. Subtract line 18 from line 12 ~~~~~~~~~~~~~ ~~~~~~~ Total assets (Part X, line 16) Total liabilities (Part X, line 26) Net assets or fund balances. Subtract line 21 from line 20 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~ May the IRS discuss this return with the preparer shown above? See instructions LHA Form (2022) Part I Summary Signature BlockPart II 990 Return of Organization Exempt From Income Tax990 2022 EXTENDED TO MAY 15, 2024 JUL 1, 2022 JUN 30, 2023 FEEDING SOUTH FLORIDA, INC. 59-2097520 954-518-18182501 SW 32ND TERRACE 155,948,397. PEMBROKE PARK, FL 33023 XFRANCISCO VELEZ WWW.FEEDINGSOUTHFLORIDA.ORG X 1981 FL 17 17 144 29735 0. 0. 153,278,843. 559,064. 967,570. -11,086. 137,204,440.154,794,391. 0. 0. 7,265,058. 287,740. 1,100,138. 149,880,020. 133,236,543.157,432,818. 3,967,897.-2,638,427. 48,919,405.50,509,324. 2,116,466.5,929,094. 46,802,939.44,580,230. FRANCISCO VELEZ, PRESIDENT P01959117TYLER JOHNSON 87-2525370CITRIN COOPERMAN ADVISORS LLC 6550 N. FEDERAL HIGHWAY, 4TH FLOOR FT. LAUDERDALE, FL 33308 954-771-0896 X SAME AS C ABOVE SEE SCHEDULE O X 136,444,113. 0. 308,855. 451,472. 0. 0. 5,233,668. 544,536. 127,458,339. TYLER JOHNSON 05/15/24 232 Code:Expenses $including grants of $Revenue $ Code:Expenses $including grants of $Revenue $ Code:Expenses $including grants of $Revenue $ Expenses $including grants of $Revenue $ 232002 12-13-22 1 2 3 4 Yes No Yes No 4a 4b 4c 4d 4e Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part III Briefly describe the organization's mission: Did the organization undertake any significant program services during the year which were not listed on the prior Form 990 or 990-EZ? If "Yes," describe these new services on Schedule O. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization cease conducting, or make significant changes in how it conducts, any program services? If "Yes," describe these changes on Schedule O. ~~~~~~ Describe the organization's program service accomplishments for each of its three largest program services, as measured by expenses. Section 501(c)(3) and 501(c)(4) organizations are required to report the amount of grants and allocations to others, the total expenses, and revenue, if any, for each program service reported. () ()() () ()() () ()() Other program services (Describe on Schedule O.) ()() Total program service expenses Form (2022) 2 Statement of Program Service AccomplishmentsPart III 990 FEEDING SOUTH FLORIDA'S MISSION IS TO END HUNGER IN SOUTH FLORIDA BY X X PROVIDING IMMEDIATE ACCESS TO NUTRITIOUS FOOD, LEADING HUNGER AND 154,773,550.659,953. PROVIDING IMMEDIATE ACCESS TO NUTRITIOUS FOOD, LEADING HUNGER AND FEEDING SOUTH FLORIDA, INC.59-2097520 POVERTY ADVOCACY EFFORTS, AND TRANSFORMING LIVES THROUGH INNOVATIVE PROGRAMMING AND EDUCATION. FEEDING SOUTH FLORIDA'S MISSION IS TO END HUNGER IN SOUTH FLORIDA BY POVERTY ADVOCACY EFFORTS AND TRANSFORMING LIVES THROUGH INNOVATIVE PROGRAMMING AND EDUCATION. WITH A NETWORK OF OVER 350 NON-PROFIT COMMUNITY PARTNERS, FEEDING SOUTH FLORIDA DISTRIBUTED OVER 73 MILLION POUNDS OF FOOD TO CHILDREN, OLDER ADULTS, WORKING FAMILIES AND MORE. FEEDING SOUTH FLORIDA PROVIDES CRITICAL FOOD ASSISTANCE AND OTHER RELATED RESOURCES TO INDIVIDUALS AND FAMILIES FACING FOOD INSECURITY IN MIAMI DADE, BROWARD, PALM BEACH, AND MONROE COUNTIES. FEEDING SOUTH FLORIDA USES INNOVATIVE DIRECT SERVICE PROGRAMS TO MAKE FOOD RESOURCES ACCESSIBLE AND AVAILABLE TO THOSE WHO NEED IT MOST. WE ALSO PROVIDE PROGRAMS/SERVICES THAT PROMOTE LONG-TERM SUSTAINABILITY TO HELP 154,773,550. X SEE SCHEDULE O FOR CONTINUATION(S) 2 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 233 232003 12-13-22 Yes No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 2 3 4 5 6 7 8 9 10 Section 501(c)(3) organizations. a b c d e f a b 11a 11b 11c 11d 11e 11f 12a 12b 13 14a 14b 15 16 17 18 19 20a 20b 21 a b 20 21 a b If "Yes," complete Schedule A Schedule B, Schedule of Contributors If "Yes," complete Schedule C, Part I If "Yes," complete Schedule C, Part II If "Yes," complete Schedule C, Part III If "Yes," complete Schedule D, Part I If "Yes," complete Schedule D, Part II If "Yes," complete Schedule D, Part III If "Yes," complete Schedule D, Part IV If "Yes," complete Schedule D, Part V If "Yes," complete Schedule D, Part VI If "Yes," complete Schedule D, Part VII If "Yes," complete Schedule D, Part VIII If "Yes," complete Schedule D, Part IX If "Yes," complete Schedule D, Part X If "Yes," complete Schedule D, Part X If "Yes," complete Schedule D, Parts XI and XII If "Yes," and if the organization answered "No" to line 12a, then completing Schedule D, Parts XI and XII is optional If "Yes," complete Schedule E If "Yes," complete Schedule F, Parts I and IV If "Yes," complete Schedule F, Parts II and IV If "Yes," complete Schedule F, Parts III and IV If "Yes," complete Schedule G, Part I. If "Yes," complete Schedule G, Part II If "Yes," complete Schedule G, Part III If "Yes," complete Schedule H If "Yes," complete Schedule I, Parts I and II Form 990 (2022)Page Is the organization described in section 501(c)(3) or 4947(a)(1) (other than a private foundation)? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Is the organization required to complete ? See instructions Did the organization engage in direct or indirect political campaign activities on behalf of or in opposition to candidates for public office? ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization engage in lobbying activities, or have a section 501(h) election in effect during the tax year? Is the organization a section 501(c)(4), 501(c)(5), or 501(c)(6) organization that receives membership dues, assessments, or similar amounts as defined in Rev. Proc. 98-19? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~ Did the organization maintain any donor advised funds or any similar funds or accounts for which donors have the right to provide advice on the distribution or investment of amounts in such funds or accounts? Did the organization receive or hold a conservation easement, including easements to preserve open space, the environment, historic land areas, or historic structures? Did the organization maintain collections of works of art, historical treasures, or other similar assets? ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report an amount in Part X, line 21, for escrow or custodial account liability, serve as a custodian for amounts not listed in Part X; or provide credit counseling, debt management, credit repair, or debt negotiation services? Did the organization, directly or through a related organization, hold assets in donor-restricted endowments or in quasi endowments? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If the organization's answer to any of the following questions is "Yes," then complete Schedule D, Parts VI, VII, VIII, IX, or X, as applicable. Did the organization report an amount for land, buildings, and equipment in Part X, line 10? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report an amount for investments - other securities in Part X, line 12, that is 5% or more of its total assets reported in Part X, line 16? Did the organization report an amount for investments - program related in Part X, line 13, that is 5% or more of its total assets reported in Part X, line 16? ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report an amount for other assets in Part X, line 15, that is 5% or more of its total assets reported in Part X, line 16? Did the organization report an amount for other liabilities in Part X, line 25? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~ Did the organization's separate or consolidated financial statements for the tax year include a footnote that addresses the organization's liability for uncertain tax positions under FIN 48 (ASC 740)? Did the organization obtain separate, independent audited financial statements for the tax year? ~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Was the organization included in consolidated, independent audited financial statements for the tax year? ~~~~~ Is the organization a school described in section 170(b)(1)(A)(ii)? Did the organization maintain an office, employees, or agents outside of the United States? ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~ Did the organization have aggregate revenues or expenses of more than $10,000 from grantmaking, fundraising, business, investment, and program service activities outside the United States, or aggregate foreign investments valued at $100,000 or more? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report on Part IX, column (A), line 3, more than $5,000 of grants or other assistance to or for any foreign organization? Did the organization report on Part IX, column (A), line 3, more than $5,000 of aggregate grants or other assistance to or for foreign individuals? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report a total of more than $15,000 of expenses for professional fundraising services on Part IX, column (A), lines 6 and 11e? See instructions ~~~~~~~~~~~~~~~~~~~~ Did the organization report more than $15,000 total of fundraising event gross income and contributions on Part VIII, lines 1c and 8a? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report more than $15,000 of gross income from gaming activities on Part VIII, line 9a? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization operate one or more hospital facilities? ~~~~~~~~~~~~~~~~~ If "Yes" to line 20a, did the organization attach a copy of its audited financial statements to this return?~~~~~~~~~~ Did the organization report more than $5,000 of grants or other assistance to any domestic organization or domestic government on Part IX, column (A), line 1? ~~~~~~~~~~~~~~ Form (2022) 3 Part IV Checklist of Required Schedules 990 X X X X X X X X X X X X X X X X X X X X X X X X X X X X FEEDING SOUTH FLORIDA, INC.59-2097520 3 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 234 232004 12-13-22 Yes No 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 22 23 24a 24b 24c 24d 25a 25b 26 27 28a 28b 28c 29 30 31 32 33 34 35a 35b 36 37 38 a b c d a b Section 501(c)(3), 501(c)(4), and 501(c)(29) organizations. a b c a b Section 501(c)(3) organizations. Note: Yes No 1 a b c 1a 1b 1c (continued) If "Yes," complete Schedule I, Parts I and III If "Yes," complete Schedule J If "Yes," answer lines 24b through 24d and complete Schedule K. If "No," go to line 25a If "Yes," complete Schedule L, Part I If "Yes," complete Schedule L, Part I If "Yes," complete Schedule L, Part II If "Yes," complete Schedule L, Part III If "Yes," complete Schedule L, Part IV If "Yes," complete Schedule L, Part IV If "Yes," complete Schedule L, Part IV If "Yes," complete Schedule M If "Yes," complete Schedule M If "Yes," complete Schedule N, Part I If "Yes," complete Schedule N, Part II If "Yes," complete Schedule R, Part I If "Yes," complete Schedule R, Part II, III, or IV, and Part V, line 1 If "Yes," complete Schedule R, Part V, line 2 If "Yes," complete Schedule R, Part V, line 2 If "Yes," complete Schedule R, Part VI Form 990 (2022)Page Did the organization report more than $5,000 of grants or other assistance to or for domestic individuals on Part IX, column (A), line 2? ~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization answer "Yes" to Part VII, Section A, line 3, 4, or 5, about compensation of the organization's current and former officers, directors, trustees, key employees, and highest compensated employees? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization have a tax-exempt bond issue with an outstanding principal amount of more than $100,000 as of the last day of the year, that was issued after December 31, 2002? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization invest any proceeds of tax-exempt bonds beyond a temporary period exception? Did the organization maintain an escrow account other than a refunding escrow at any time during the year to defease any tax-exempt bonds? Did the organization act as an "on behalf of" issuer for bonds outstanding at any time during the year? ~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~ Did the organization engage in an excess benefit transaction with a disqualified person during the year? Is the organization aware that it engaged in an excess benefit transaction with a disqualified person in a prior year, and that the transaction has not been reported on any of the organization's prior Forms 990 or 990-EZ? ~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report any amount on Part X, line 5 or 22, for receivables from or payables to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entity or family member of any of these persons?~~~~~~~~~~~~~ Did the organization provide a grant or other assistance to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor or employee thereof, a grant selection committee member, or to a 35% controlled entity (including an employee thereof) or family member of any of these persons? ~~~ Was the organization a party to a business transaction with one of the following parties (see the Schedule L, Part IV, instructions for applicable filing thresholds, conditions, and exceptions): A current or former officer, director, trustee, key employee, creator or founder, or substantial contributor? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A family member of any individual described in line 28a? A 35% controlled entity of one or more individuals and/or organizations described in line 28a or 28b? ~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization receive more than $25,000 in non-cash contributions? Did the organization receive contributions of art, historical treasures, or other similar assets, or qualified conservation contributions? ~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization liquidate, terminate, or dissolve and cease operations? Did the organization sell, exchange, dispose of, or transfer more than 25% of its net assets? ~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization own 100% of an entity disregarded as separate from the organization under Regulations sections 301.7701-2 and 301.7701-3? Was the organization related to any tax-exempt or taxable entity? ~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization have a controlled entity within the meaning of section 512(b)(13)? If "Yes" to line 35a, did the organization receive any payment from or engage in any transaction with a controlled entity within the meaning of section 512(b)(13)? ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~ Did the organization make any transfers to an exempt non-charitable related organization? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization conduct more than 5% of its activities through an entity that is not a related organization and that is treated as a partnership for federal income tax purposes? ~~~~~~~~ Did the organization complete Schedule O and provide explanations on Schedule O for Part VI, lines 11b and 19? All Form 990 filers are required to complete Schedule O Check if Schedule O contains a response or note to any line in this Part V Enter the number reported in box 3 of Form 1096. Enter -0- if not applicable ~~~~~~~~~~~ Enter the number of Forms W-2G included on line 1a. Enter -0- if not applicable ~~~~~~~~~~ Did the organization comply with backup withholding rules for reportable payments to vendors and reportable gaming (gambling) winnings to prize winners? Form (2022) 4 Part IV Checklist of Required Schedules Part V Statements Regarding Other IRS Filings and Tax Compliance 990 X X X X X X X X X X X X FEEDING SOUTH FLORIDA, INC.59-2097520 18 0 X X X X X X X X X 4 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 235 232005 12-13-22 Yes No 2 3 4 5 6 7 a b 2a 2b 3a 3b 4a 5a 5b 5c 6a 6b 7a 7b 7c 7e 7f 7g 7h 8 9a 9b a b a b a b c a b Organizations that may receive deductible contributions under section 170(c). a b c d e f g h 7d 8 9 10 11 12 13 14 15 16 17 Sponsoring organizations maintaining donor advised funds. Sponsoring organizations maintaining donor advised funds. a b Section 501(c)(7) organizations. a b 10a 10b Section 501(c)(12) organizations. a b 11a 11b a b Section 4947(a)(1) non-exempt charitable trusts. 12a 12b Section 501(c)(29) qualified nonprofit health insurance issuers. Note: a b c a b 13a 13b 13c 14a 14b 15 16 17 Section 501(c)(21) organizations. ~~~~~~~~~~~~~~~~~~~ (continued) If "No" to line 3b, provide an explanation on Schedule O If "No," provide an explanation on Schedule O Did the organization receive a payment in excess of $75 made partly as a contribution and partly for goods and services provided to the payor? Form (2022) Form 990 (2022)Page Enter the number of employees reported on Form W-3, Transmittal of Wage and Tax Statements, filed for the calendar year ending with or within the year covered by this return ~~~~~~~~~~ If at least one is reported on line 2a, did the organization file all required federal employment tax returns?~~~~~~~~~~ Did the organization have unrelated business gross income of $1,000 or more during the year? If "Yes," has it filed a Form 990-T for this year? ~~~~~~~~~~~~~~ ~~~~~~~~~~ At any time during the calendar year, did the organization have an interest in, or a signature or other authority over, a financial account in a foreign country (such as a bank account, securities account, or other financial account)?~~~~~~~ If "Yes," enter the name of the foreign country See instructions for filing requirements for FinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR). Was the organization a party to a prohibited tax shelter transaction at any time during the tax year? Did any taxable party notify the organization that it was or is a party to a prohibited tax shelter transaction? ~~~~~~~~~~~~ ~~~~~~~~~ If "Yes" to line 5a or 5b, did the organization file Form 8886-T?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Does the organization have annual gross receipts that are normally greater than $100,000, and did the organization solicit any contributions that were not tax deductible as charitable contributions? If "Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible? ~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If "Yes," did the organization notify the donor of the value of the goods or services provided? Did the organization sell, exchange, or otherwise dispose of tangible personal property for which it was required to file Form 8282? ~~~~~~~~~~~~~~~ If "Yes," indicate the number of Forms 8282 filed during the year Did the organization receive any funds, directly or indirectly, to pay premiums on a personal benefit contract? ~~~~~~~~~~~~~~~~ ~~~~~~~ ~~~~~~~~~Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract? If the organization received a contribution of qualified intellectual property, did the organization file Form 8899 as required? If the organization received a contribution of cars, boats, airplanes, or other vehicles, did the organization file a Form 1098-C? ~ Did a donor advised fund maintained by the sponsoring organization have excess business holdings at any time during the year?~~~~~~~~~~~~~~~~~~~ Did the sponsoring organization make any taxable distributions under section 4966? Did the sponsoring organization make a distribution to a donor, donor advisor, or related person? ~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ Enter: Initiation fees and capital contributions included on Part VIII, line 12 Gross receipts, included on Form 990, Part VIII, line 12, for public use of club facilities ~~~~~~~~~~~~~~~ ~~~~~~ Enter: Gross income from members or shareholders Gross income from other sources. (Do not net amounts due or paid to other sources against amounts due or received from them.) ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Is the organization filing Form 990 in lieu of Form 1041? If "Yes," enter the amount of tax-exempt interest received or accrued during the year Is the organization licensed to issue qualified health plans in more than one state? See the instructions for additional information the organization must report on Schedule O. ~~~~~~~~~~~~~~~~~~~~~ Enter the amount of reserves the organization is required to maintain by the states in which the organization is licensed to issue qualified health plans Enter the amount of reserves on hand ~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization receive any payments for indoor tanning services during the tax year? If "Yes," has it filed a Form 720 to report these payments? ~~~~~~~~~~~~~~~~ ~~~~~~~~~ Is the organization subject to the section 4960 tax on payment(s) of more than $1,000,000 in remuneration or excess parachute payment(s) during the year? If "Yes," see the instructions and file Form 4720, Schedule N. Is the organization an educational institution subject to the section 4968 excise tax on net investment income? If "Yes," complete Form 4720, Schedule O. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~ Did the trust, or any disqualified or other person engage in any activities that would result in the imposition of an excise tax under section 4951, 4952 or 4953? If "Yes," complete Form 6069. 5 Part V Statements Regarding Other IRS Filings and Tax Compliance 990 X X X X X X X X X X 144 FEEDING SOUTH FLORIDA, INC.59-2097520 X 5 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 236 232006 12-13-22 Yes No 1a 1b 1 2 3 4 5 6 7 8 9 a b 2 3 4 5 6 7a 7b 8a 8b 9 a b a b Yes No 10 11 a b 10a 10b 11a 12a 12b 12c 13 14 15a 15b 16a 16b a b 12a b c 13 14 15 a b 16a b 17 18 19 20 For each "Yes" response to lines 2 through 7b below, and for a "No" response to line 8a, 8b, or 10b below, describe the circumstances, processes, or changes on Schedule O. See instructions. If "Yes," provide the names and addresses on Schedule O (This Section B requests information about policies not required by the Internal Revenue Code.) If "No," go to line 13 If "Yes," describe on Schedule O how this was done (explain on Schedule O) If there are material differences in voting rights among members of the governing body, or if the governing body delegated broad authority to an executive committee or similar committee, explain on Schedule O. Did the organization contemporaneously document the meetings held or written actions undertaken during the year by the following: Were officers, directors, or trustees, and key employees required to disclose annually interests that could give rise to conflicts? Form (2022) Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part VI Enter the number of voting members of the governing body at the end of the tax year Enter the number of voting members included on line 1a, above, who are independent ~~~~~~ ~~~~~~ Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other officer, director, trustee, or key employee?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization delegate control over management duties customarily performed by or under the direct supervision of officers, directors, trustees, or key employees to a management company or other person?~~~~~~~~~~~~~~~ Did the organization make any significant changes to its governing documents since the prior Form 990 was filed? Did the organization become aware during the year of a significant diversion of the organization's assets? Did the organization have members or stockholders? ~~~~~ ~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization have members, stockholders, or other persons who had the power to elect or appoint one or more members of the governing body? Are any governance decisions of the organization reserved to (or subject to approval by) members, stockholders, or persons other than the governing body? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The governing body? Each committee with authority to act on behalf of the governing body? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Is there any officer, director, trustee, or key employee listed in Part VII, Section A, who cannot be reached at the organization's mailing address? Did the organization have local chapters, branches, or affiliates? If "Yes," did the organization have written policies and procedures governing the activities of such chapters, affiliates, and branches to ensure their operations are consistent with the organization's exempt purposes? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ Has the organization provided a complete copy of this Form 990 to all members of its governing body before filing the form? Describe on Schedule O the process, if any, used by the organization to review this Form 990. Did the organization have a written conflict of interest policy? ~~~~~~~~~~~~~~~~~~~~~ ~~~~~~ Did the organization regularly and consistently monitor and enforce compliance with the policy? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization have a written whistleblower policy? Did the organization have a written document retention and destruction policy? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~ Did the process for determining compensation of the following persons include a review and approval by independent persons, comparability data, and contemporaneous substantiation of the deliberation and decision? The organization's CEO, Executive Director, or top management official Other officers or key employees of the organization If "Yes" to line 15a or 15b, describe the process on Schedule O. See instructions. ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement with a taxable entity during the year?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If "Yes," did the organization follow a written policy or procedure requiring the organization to evaluate its participation in joint venture arrangements under applicable federal tax law, and take steps to safeguard the organization's exempt status with respect to such arrangements? List the states with which a copy of this Form 990 is required to be filed Section 6104 requires an organization to make its Forms 1023 (1024 or 1024-A, if applicable), 990, and 990-T (section 501(c)(3)s only) available for public inspection. Indicate how you made these available. Check all that apply. Own website Another's website Upon request Other Describe on Schedule O whether (and if so, how) the organization made its governing documents, conflict of interest policy, and financial statements available to the public during the tax year. State the name, address, and telephone number of the person who possesses the organization's books and records 6 Part VI Governance, Management, and Disclosure. Section A. Governing Body and Management Section B. Policies Section C. Disclosure 990 17 17 X X X X X X X X X X X X X X X X X X X X X FRANCISCO VELEZ - 954-518-1818 2501 SW 32ND TERRACE, PEMBROKE PARK, FL 33023 X X FEEDING SOUTH FLORIDA, INC.59-2097520 X FL X 6 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 237 Individual trustee or directorInstitutional trusteeOfficerKey employeeHighest compensatedemployeeFormer(do not check more than one box, unless person is both an officer and a director/trustee) 232007 12-13-22 current Section A.Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees 1a current current former former directors or trustees (A)(B)(C)(D)(E)(F) Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part VII Complete this table for all persons required to be listed. Report compensation for the calendar year ending with or within the organization's tax year. ¥ List all of the organization's officers, directors, trustees (whether individuals or organizations), regardless of amount of compensation. Enter -0- in columns (D), (E), and (F) if no compensation was paid. ¥ List all of the organization's key employees, if any. See the instructions for definition of "key employee." ¥ List the organization's five highest compensated employees (other than an officer, director, trustee, or key employee) who received reportable compensation (box 5 of Form W-2, box 6 of Form 1099-MISC, and/or box 1 of Form 1099-NEC) of more than $100,000 from the organization and any related organizations. ¥ List all of the organization's officers, key employees, and highest compensated employees who received more than $100,000 ofreportable compensation from the organization and any related organizations. ¥ List all of the organization's that received, in the capacity as a former director or trustee of the organization, more than $10,000 of reportable compensation from the organization and any related organizations. See the instructions for the order in which to list the persons above. Check this box if neither the organization nor any related organization compensated any current officer, director, or trustee. PositionName and title Average hours per week (list any hours for related organizations below line) Reportable compensation from the organization (W-2/1099-MISC/ 1099-NEC) Reportable compensation from related organizations (W-2/1099-MISC/ 1099-NEC) Estimated amount of other compensation from the organization and related organizations Form (2022) 7 Part VII Compensation of Officers, Directors, Trustees, Key Employees, Highest Compensated Employees, and Independent Contractors 990 (1) FRANCISCO VELEZ CEO (2) HELENE KAFKA (3) STUART HANIFF (4) FREDERICK CHENG (5) ALLYSON VAULX (6) HARRIS SISKIND (7) CHRIS MELLGREN (8) JOSE ALONSO (9) MICHAEL BLOCK (10) MICHELLE ESPOSITO (11) HENRY DEL CAMPO (12) IGNACIO FELIX (13) WILLIAM FLETCHER (14) BOB MCCABE (15) KELLY MURPHY (16) STEVE STOWE (17) STEPHANIE G WICKY VP OF FINANCE FORMER VP OF PHILANTHROPY FORMER VP OF OPERATIONS AVP OF PHILANTHROPY PREVIOUS BOARD CHAIR BOARD CHAIR BOARD MEMBER BOARD MEMBER BOARD MEMBER BOARD MEMBER BOARD MEMBER BOARD MEMBER BOARD MEMBER BOARD MEMBER BOARD MEMBER BOARD MEMBER 40.00 40.00 40.00 40.00 40.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 X X X X X X X X X X X X X X X X X X X 320,201. 126,192. 117,885. 109,367. 100,357. 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. 42,929. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. FEEDING SOUTH FLORIDA, INC.59-2097520 7 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 238 FormerIndividual trustee or directorInstitutional trusteeOfficerHighest compensatedemployeeKey employee(do not check more than one box, unless person is both an officer and a director/trustee) 232008 12-13-22 Section A. Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees (B)(C)(A)(D)(E)(F) 1 b c d Subtotal Total from continuation sheets to Part VII, Section A Total (add lines 1b and 1c) 2 Yes No 3 4 5 former 3 4 5 Section B. Independent Contractors 1 (A)(B)(C) 2 (continued) If "Yes," complete Schedule J for such individual If "Yes," complete Schedule J for such individual If "Yes," complete Schedule J for such person Page Form 990 (2022) PositionAverage hours per week (list any hours for related organizations below line) Name and title Reportable compensation from the organization (W-2/1099-MISC/ 1099-NEC) Reportable compensation from related organizations (W-2/1099-MISC/ 1099-NEC) Estimated amount of other compensation from the organization and related organizations ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~ ~ Total number of individuals (including but not limited to those listed above) who received more than $100,000 of reportable compensation from the organization Did the organization list any officer, director, trustee, key employee, or highest compensated employee on line 1a? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ For any individual listed on line 1a, is the sum of reportable compensation and other compensation from the organization and related organizations greater than $150,000? ~~~~~~~~~~~~~ Did any person listed on line 1a receive or accrue compensation from any unrelated organization or individual for services rendered to the organization? Complete this table for your five highest compensated independent contractors that received more than $100,000 of compensation from the organization. Report compensation for the calendar year ending with or within the organization's tax year. Name and business address Description of services Compensation Total number of independent contractors (including but not limited to those listed above) who received more than $100,000 of compensation from the organization Form (2022) 8 Part VII 990 (18) GREG ZALKIN BOARD MEMBER 1.00 X 0.0.0. 774,002.0.42,929. 0.0.0. PO BOX 9132, FARGO, ND 58106 5 1 774,002.0.42,929. X X FEEDING SOUTH FLORIDA, INC. X 59-2097520 ALLEGIANCE FUNDRAISING LLC FUNDRAISING SERVICES 204,686. 8 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 239 Noncash contributions included in lines 1a-1f 232009 12-13-22 Business Code Business Code Total revenue. (A)(B)(C)(D) 1 a b c d e f 1 1 1 1 1 1 1 a b c d e f ggContributions, Gifts, Grantsand Other Similar Amountsh Total. a b c d e f g 2 Program ServiceRevenueTotal. 3 4 5 6 a b c d 6a 6b 6c 7 a 7a 7b 7c b c d a b c 8 8a 8b 9 a b c 9a 9b 10 a b c 10a 10bOther Revenue11 a b c d eMiscellaneousRevenue Total. 12 Revenue excluded from tax undersections 512 - 514 All other contributions, gifts, grants, and similar amounts not included above Gross amount from sales of assets other than inventory cost or other basis and sales expenses Gross income from fundraising events See instructions Form (2022) Page Form 990 (2022) Check if Schedule O contains a response or note to any line in this Part VIII Total revenue Related or exempt function revenue Unrelated business revenue Federated campaigns Membership dues ~~~~~ ~~~~~~~ Fundraising events Related organizations ~~~~~~~ ~~~~~ Government grants (contributions) ~ $ Add lines 1a-1f All other program service revenue ~~~~~ Add lines 2a-2f Investment income (including dividends, interest, and other similar amounts) Income from investment of tax-exempt bond proceeds ~~~~~~~~~~~~~~~~~~ Royalties (i) Real (ii) Personal Gross rents Less: rental expenses Rental income or (loss) Net rental income or (loss) ~~~~~ ~ (i) Securities (ii) Other Less: Gain or (loss) ~~~ ~~~~~ Net gain or (loss) (not including $of contributions reported on line 1c). See Part IV, line 18 ~~~~~~~~~~~~ Less: direct expenses ~~~~~~~~ Net income or (loss) from fundraising events Gross income from gaming activities. See Part IV, line 19 ~~~~~~~~~~~~ Less: direct expenses Net income or (loss) from gaming activities ~~~~~~~~ Gross sales of inventory, less returns and allowances ~~~~~~~~~~~~ Less: cost of goods sold Net income or (loss) from sales of inventory ~~~~~~~ All other revenue ~~~~~~~~~~~~~ Add lines 11a-11d 9 Part VIII Statement of Revenue 990 450,248. 4,679,225. 559,064. 148,149,370. 153278843. 136,192,787. MISCELLANEOUS 900099 559,064. FEEDING SOUTH FLORIDA, INC. 19,893. 154794391.659,953.0.855,595. 59-2097520 PROGRAM SERVICE REVENUE 624210 559,064. 886,574.886,574. 1,204,023. 1,123,027. 80,996. 80,996.80,996. 0. 30,979. -30,979.-30,979. 450,248. 19,893. 19,893. 522100 9 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 240 if following SOP 98-2 (ASC 958-720) 232010 12-13-22 Total functional expenses. Joint costs. (A)(B)(C)(D) 1 2 3 4 5 6 7 8 9 10 11 a b c d e f g 12 13 14 15 16 17 18 19 20 21 22 23 24 a b c d e 25 26 Section 501(c)(3) and 501(c)(4) organizations must complete all columns. All other organizations must complete column (A). Grants and other assistance to domestic organizations and domestic governments. See Part IV, line 21 Compensation not included above to disqualified persons (as defined under section 4958(f)(1)) and persons described in section 4958(c)(3)(B) Pension plan accruals and contributions (include section 401(k) and 403(b) employer contributions) Professional fundraising services. See Part IV, line 17 (If line 11g amount exceeds 10% of line 25, column (A), amount, list line 11g expenses on Sch O.) Other expenses. Itemize expenses not covered above. (List miscellaneous expenses on line 24e. Ifline 24e amount exceeds 10% of line 25, column (A),amount, list line 24e expenses on Schedule O.) Add lines 1 through 24e Complete this line only if the organization reported in column (B) joint costs from a combined educational campaign and fundraising solicitation. Check here Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part IX Total expenses Program serviceexpenses Management andgeneral expenses Fundraisingexpenses ~ Grants and other assistance to domestic individuals. See Part IV, line 22 ~~~~~~~ Grants and other assistance to foreign organizations, foreign governments, and foreign individuals. See Part IV, lines 15 and 16 ~~~ Benefits paid to or for members ~~~~~~~ Compensation of current officers, directors, trustees, and key employees ~~~~~~~~ ~~~ Other salaries and wages ~~~~~~~~~~ Other employee benefits ~~~~~~~~~~ Payroll taxes ~~~~~~~~~~~~~~~~ Fees for services (nonemployees): Management Legal Accounting Lobbying ~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ Investment management fees Other. ~~~~~~~~ Advertising and promotion Office expenses Information technology Royalties ~~~~~~~~~ ~~~~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ Occupancy ~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~Travel Payments of travel or entertainment expenses for any federal, state, or local public officials ~ Conferences, conventions, and meetings ~~ Interest Payments to affiliates ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~ Depreciation, depletion, and amortization Insurance ~~ ~~~~~~~~~~~~~~~~~ All other expenses Form (2022) Do not include amounts reported on lines 6b, 7b, 8b, 9b, and 10b of Part VIII. 10 Statement of Functional ExpensesPart IX 990 293,184. 5,918,350. 91,624. 363,061. 598,839. 40,500. 287,740. 631,523. 804,517. 21,181. 2,566. 899,053. 428,238. 139,775,177. 3,481,490. 1,172,503. 629,807. 1,939,004. 157,432,818. 54,461. 230,922.39,901.22,361. 4,661,496.805,468.451,386. 67,238.20,792.3,594. 266,432.82,389.14,240. 439,457.135,894.23,488. 25,181.4,028.11,291. 287,740. 54,461. 392,644.62,824.176,055. 703,108.90,138.11,271. 17,361.2,778.1,042. 2,103.337.126. 736,928.117,909.44,216. 351,015.56,162.21,061. 139,775,177. 3,481,490. 1,172,503. 629,807. 1,820,688.86,049.32,267. 154,773,550.1,559,130.1,100,138. CONTRIBUTED FOOD ACTIVI PURCHASED FOOD ACTIVITY AUTO AND TRUCK REPAIRS AND EQUIPMENT R FEEDING SOUTH FLORIDA, INC.59-2097520 10 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 241 232011 12-13-22 (A)(B) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1 2 3 4 5 6 7 8 9 10c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a b 10a 10bAssets Total assets. LiabilitiesTotal liabilities. Organizations that follow FASB ASC 958, check here and complete lines 27, 28, 32, and 33. 27 28 Organizations that do not follow FASB ASC 958, check here and complete lines 29 through 33. 29 30 31 32 33Net Assets or Fund Balances Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part X Beginning of year End of year Cash - non-interest-bearing Savings and temporary cash investments Pledges and grants receivable, net ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~ Accounts receivable, net ~~~~~~~~~~~~~~~~~~~~~~~~~~ Loans and other receivables from any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entity or family member of any of these persons ~~~~~~~~~ Loans and other receivables from other disqualified persons (as defined under section 4958(f)(1)), and persons described in section 4958(c)(3)(B)~~ Notes and loans receivable, net Inventories for sale or use Prepaid expenses and deferred charges ~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ Land, buildings, and equipment: cost or other basis. Complete Part VI of Schedule D Less: accumulated depreciation ~~~ ~~~~~~ Investments - publicly traded securities Investments - other securities. See Part IV, line 11 Investments - program-related. See Part IV, line 11 Intangible assets ~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Other assets. See Part IV, line 11 ~~~~~~~~~~~~~~~~~~~~~~ Add lines 1 through 15 (must equal line 33) Accounts payable and accrued expenses Grants payable Deferred revenue ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Tax-exempt bond liabilities Escrow or custodial account liability. Complete Part IV of Schedule D ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~ Loans and other payables to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entity or family member of any of these persons ~~~~~~~~~ Secured mortgages and notes payable to unrelated third parties ~~~~~~ Unsecured notes and loans payable to unrelated third parties ~~~~~~~~ Other liabilities (including federal income tax, payables to related third parties, and other liabilities not included on lines 17-24). Complete Part X of Schedule D ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Add lines 17 through 25 Net assets without donor restrictions Net assets with donor restrictions ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~ Capital stock or trust principal, or current funds Paid-in or capital surplus, or land, building, or equipment fund Retained earnings, endowment, accumulated income, or other funds ~~~~~~~~~~~~~~~ ~~~~~~~~ ~~~~ Total net assets or fund balances ~~~~~~~~~~~~~~~~~~~~~~ Total liabilities and net assets/fund balances Form (2022) 11 Balance SheetPart X 990 7,490,827.632,312. 75,984.863. 905,136.738,610. 553,501.559,885. 3,583,065.3,993,280. 9,710,337. 3,252,392.7,081,276.6,457,945. 4,050,530.8,123,805. 48,919,405.50,509,324. 25,179,086.30,002,624. 571,983.731,941. 1,026,480.365,808. 518,003.4,831,345. 2,116,466.5,929,094. X 43,954,196.43,403,399. 2,848,743.1,176,831. 46,802,939.44,580,230. 48,919,405.50,509,324. 59-2097520FEEDING SOUTH FLORIDA, INC. 11 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 242 232012 12-13-22 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 Yes No 1 2 3 a b c 2a 2b 2c a b 3a 3b Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part XI Total revenue (must equal Part VIII, column (A), line 12) Total expenses (must equal Part IX, column (A), line 25) Revenue less expenses. Subtract line 2 from line 1 Net assets or fund balances at beginning of year (must equal Part X, line 32, column (A)) ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~ Net unrealized gains (losses) on investments Donated services and use of facilities Investment expenses Prior period adjustments ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Other changes in net assets or fund balances (explain on Schedule O) Net assets or fund balances at end of year. Combine lines 3 through 9 (must equal Part X, line 32, column (B)) ~~~~~~~~~~~~~~~~~~ Check if Schedule O contains a response or note to any line in this Part XII Accounting method used to prepare the Form 990:Cash Accrual Other If the organization changed its method of accounting from a prior year or checked "Other," explain on Schedule O. Were the organization's financial statements compiled or reviewed by an independent accountant?~~~~~~~~~~~~ If "Yes," check a box below to indicate whether the financial statements for the year were compiled or reviewed on a separate basis, consolidated basis, or both: Separate basis Consolidated basis Both consolidated and separate basis Were the organization's financial statements audited by an independent accountant?~~~~~~~~~~~~~~~~~~~ If "Yes," check a box below to indicate whether the financial statements for the year were audited on a separate basis, consolidated basis, or both: Separate basis Consolidated basis Both consolidated and separate basis If "Yes" to line 2a or 2b, does the organization have a committee that assumes responsibility for oversight of the audit, review, or compilation of its financial statements and selection of an independent accountant?~~~~~~~~~~~~~~~ If the organization changed either its oversight process or selection process during the tax year, explain on Schedule O. As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the Uniform Guidance, 2 C.F.R. Part 200, Subpart F?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If "Yes," did the organization undergo the required audit or audits? If the organization did not undergo the required audit or audits, explain why on Schedule O and describe any steps taken to undergo such audits Form (2022) 12 Part XI Reconciliation of Net Assets Part XII Financial Statements and Reporting 990 X FEEDING SOUTH FLORIDA, INC.59-2097520 X 154,794,391. 157,432,818. -2,638,427. 46,802,939. 94,537. 44,580,230. X 321,181. X X X X X X 12 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 243 (iv) Is the organization listedin your governing document? OMB No. 1545-0047 Department of the Treasury Internal Revenue Service 232021 12-09-22 (i)(iii)(v)(vi)(ii) Name of supported organization Type of organization (described on lines 1-10 above (see instructions)) Amount of monetary support (see instructions) Amount of other support (see instructions) EIN (Form 990)Complete if the organization is a section 501(c)(3) organization or a section 4947(a)(1) nonexempt charitable trust. Attach to Form 990 or Form 990-EZ. Go to www.irs.gov/Form990 for instructions and the latest information. Open to Public Inspection Name of the organization Employer identification number 1 2 3 4 5 6 7 8 9 10 11 12 section 170(b)(1)(A)(i). section 170(b)(1)(A)(ii). section 170(b)(1)(A)(iii). section 170(b)(1)(A)(iii). section 170(b)(1)(A)(iv). section 170(b)(1)(A)(v). section 170(b)(1)(A)(vi). section 170(b)(1)(A)(vi). section 170(b)(1)(A)(ix) section 509(a)(2). section 509(a)(4). section 509(a)(1)section 509(a)(2)section 509(a)(3). a b c d e f g Type I. You must complete Part IV, Sections A and B. Type II. You must complete Part IV, Sections A and C. Type III functionally integrated. You must complete Part IV, Sections A, D, and E. Type III non-functionally integrated. You must complete Part IV, Sections A and D, and Part V. Yes No Total For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.Schedule A (Form 990) 2022 (All organizations must complete this part.) See instructions. The organization is not a private foundation because it is: (For lines 1 through 12, check only one box.) A church, convention of churches, or association of churches described in A school described in (Attach Schedule E (Form 990).) A hospital or a cooperative hospital service organization described in A medical research organization operated in conjunction with a hospital described in Enter the hospital's name, city, and state: An organization operated for the benefit of a college or university owned or operated by a governmental unit described in (Complete Part II.) A federal, state, or local government or governmental unit described in An organization that normally receives a substantial part of its support from a governmental unit or from the general public described in (Complete Part II.) A community trust described in (Complete Part II.) An agricultural research organization described in operated in conjunction with a land-grant college or university or a non-land-grant college of agriculture (see instructions). Enter the name, city, and state of the college or university: An organization that normally receives (1) more than 33 1/3% of its support from contributions, membership fees, and gross receipts from activities related to its exempt functions, subject to certain exceptions; and (2) no more than 33 1/3% of its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975. See (Complete Part III.) An organization organized and operated exclusively to test for public safety. See An organization organized and operated exclusively for the benefit of, to perform the functions of, or to carry out the purposes of one or more publicly supported organizations described in or . See Check the box on lines 12a through 12d that describes the type of supporting organization and complete lines 12e, 12f, and 12g. A supporting organization operated, supervised, or controlled by its supported organization(s), typically by giving the supported organization(s) the power to regularly appoint or elect a majority of the directors or trustees of the supporting organization. A supporting organization supervised or controlled in connection with its supported organization(s), by having control or management of the supporting organization vested in the same persons that control or manage the supported organization(s). A supporting organization operated in connection with, and functionally integrated with, its supported organization(s) (see instructions). A supporting organization operated in connection with its supported organization(s) that is not functionally integrated. The organization generally must satisfy a distribution requirement and an attentiveness requirement (see instructions). Check this box if the organization received a written determination from the IRS that it is a Type I, Type II, Type III functionally integrated, or Type III non-functionally integrated supporting organization. Enter the number of supported organizations ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Provide the following information about the supported organization(s). LHA SCHEDULE A Part I Reason for Public Charity Status. Public Charity Status and Public Support 2022 X 59-2097520FEEDING SOUTH FLORIDA, INC. 244 Subtract line 5 from line 4. 232022 12-09-22 Calendar year (or fiscal year beginning in) Calendar year (or fiscal year beginning in) 2 (a) (b) (c) (d) (e) (f) 1 2 3 4 5 Total. 6 Public support. (a) (b) (c) (d) (e) (f) 7 8 9 10 11 12 13 Total support. 12 First 5 years. stop here 14 15 14 15 16 17 18 a b a b 33 1/3% support test - 2022. stop here. 33 1/3% support test - 2021. stop here. 10% -facts-and-circumstances test - 2022. stop here. 10% -facts-and-circumstances test - 2021. stop here. Private foundation. Schedule A (Form 990) 2022 Add lines 7 through 10 Schedule A (Form 990) 2022 Page (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the organization failed to qualify under Part III. If the organization fails to qualify under the tests listed below, please complete Part III.) 2018 2019 2020 2021 2022 Total Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.")~~ Tax revenues levied for the organ- ization's benefit and either paid to or expended on its behalf ~~~~ The value of services or facilities furnished by a governmental unit to the organization without charge ~ Add lines 1 through 3 ~~~ The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f)~~~~~~~~~~~~ 2018 2019 2020 2021 2022 Total Amounts from line 4 ~~~~~~~ Gross income from interest, dividends, payments received on securities loans, rents, royalties, and income from similar sources ~ Net income from unrelated business activities, whether or not the business is regularly carried on ~ Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.)~~~~ Gross receipts from related activities, etc. (see instructions)~~~~~~~~~~~~~~~~~~~~~~~ If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, check this box and ~~~~~~~~~~~Public support percentage for 2022 (line 6, column (f), divided by line 11, column (f)) Public support percentage from 2021 Schedule A, Part II, line 14 % %~~~~~~~~~~~~~~~~~~~~~ If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box and The organization qualifies as a publicly supported organization ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this box and The organization qualifies as a publicly supported organization ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If the organization did not check a box on line 13, 16a, or 16b, and line 14 is 10% or more, and if the organization meets the facts-and-circumstances test, check this box and Explain in Part VI how the organization meets the facts-and-circumstances test. The organization qualifies as a publicly supported organization ~~~~~~~~~~~~~~~~~ If the organization did not check a box on line 13, 16a, 16b, or 17a, and line 15 is 10% or more, and if the organization meets the facts-and-circumstances test, check this box and Explain in Part VI how the organization meets the facts-and-circumstances test. The organization qualifies as a publicly supported organization ~~~~~~~~~~~ If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see instructions Part II Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) Section A. Public Support Section B. Total Support Section C. Computation of Public Support Percentage FEEDING SOUTH FLORIDA, INC.59-2097520 14 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 245 (Subtract line 7c from line 6.) Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year (Add lines 9, 10c, 11, and 12.) 232023 12-09-22 Calendar year (or fiscal year beginning in) Calendar year (or fiscal year beginning in) Total support. 3 (a) (b) (c) (d) (e) (f) 1 2 3 4 5 6 7 Total. a b c 8 Public support. (a) (b) (c) (d) (e) (f) 9 10 a b c 11 12 13 14 First 5 years. stop here 15 16 15 16 17 18 19 20 2022 2021 17 18 a b 33 1/3% support tests - 2022. stop here. 33 1/3% support tests - 2021. stop here. Private foundation. Schedule A (Form 990) 2022 Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975 Schedule A (Form 990) 2022 Page (Complete only if you checked the box on line 10 of Part I or if the organization failed to qualify under Part II. If the organization fails to qualify under the tests listed below, please complete Part II.) 2018 2019 2020 2021 2022 Total Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.")~~ Gross receipts from admissions, merchandise sold or services per- formed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose Gross receipts from activities that are not an unrelated trade or bus- iness under section 513 ~~~~~ Tax revenues levied for the organ- ization's benefit and either paid to or expended on its behalf ~~~~ The value of services or facilities furnished by a governmental unit to the organization without charge ~ ~~~ Add lines 1 through 5 Amounts included on lines 1, 2, and 3 received from disqualified persons ~~~~~~ Add lines 7a and 7b ~~~~~~~ 2018 2019 2020 2021 2022 Total Amounts from line 6 ~~~~~~~ Gross income from interest, dividends, payments received on securities loans, rents, royalties, and income from similar sources ~ ~~~~ Add lines 10a and 10b ~~~~~~ Net income from unrelated businessactivities not included on line 10b, whether or not the business is regularly carried on ~~~~~~~ Other income. Do not include gainor loss from the sale of capital assets (Explain in Part VI.)~~~~ If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, check this box and Public support percentage for 2022 (line 8, column (f), divided by line 13, column (f)) Public support percentage from 2021 Schedule A, Part III, line 15 ~~~~~~~~~~~% % Investment income percentage for (line 10c, column (f), divided by line 13, column (f)) Investment income percentage from Schedule A, Part III, line 17 ~~~~~~~~% %~~~~~~~~~~~~~~~~~~ If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and The organization qualifies as a publicly supported organization ~~~~~~~~~~~~ If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3%, and line 18 is not more than 33 1/3%, check this box and The organization qualifies as a publicly supported organization ~~~~~~ If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions Part III Support Schedule for Organizations Described in Section 509(a)(2) Section A. Public Support Section B. Total Support Section C. Computation of Public Support Percentage Section D. Computation of Investment Income Percentage 97104637.229860530 301099147 136444113 153278843 917787270 X 567,942.360,824.5,995.559,064.1493825. 97672579.230221354 301099147 136450108 153837907 919281095 97672579.230221354 301099147 136450108 153837907 919281095 0. 0. 0. 919281095 663,210.740,348.586,202.74,948.886,574.2951282. 663,210.740,348.586,202.74,948.886,574.2951282. 139,394.240,410.263,416.457,061.19,893.1120174. 923352551 99.56 99.57 .32 .28 FEEDING SOUTH FLORIDA, INC.59-2097520 98475183.231202112 301948765 136982117 154744374 15 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 246 232024 12-09-22 4 Yes No 1 2 3 4 5 6 7 8 9 10 Part VI 1 2 3a 3b 3c 4a 4b 4c 5a 5b 5c 6 7 8 9a 9b 9c 10a 10b Part VI a b c a b c a b c a b c a b Part VI Part VI Part VI Part VI Part VI, Type I or Type II only. Substitutions only. Part VI. Part VI. Part VI. Part VI. Schedule A (Form 990) 2022 If "No," describe in how the supported organizations are designated. If designated by class or purpose, describe the designation. If historic and continuing relationship, explain. If "Yes," explain in how the organization determined that the supported organization was described in section 509(a)(1) or (2). If "Yes," answer lines 3b and 3c below. If "Yes," describe in when and how the organization made the determination. If "Yes," explain in what controls the organization put in place to ensure such use. If "Yes," and if you checked box 12a or 12b in Part I, answer lines 4b and 4c below. If "Yes," describe in how the organization had such control and discretion despite being controlled or supervised by or in connection with its supported organizations. If "Yes," explain in what controls the organization used to ensure that all support to the foreign supported organization was used exclusively for section 170(c)(2)(B) purposes. If "Yes," answer lines 5b and 5c below (if applicable). Also, provide detail in including (i) the names and EIN numbers of the supported organizations added, substituted, or removed; (ii) the reasons for each such action; (iii) the authority under the organization's organizing document authorizing such action; and (iv) how the action was accomplished (such as by amendment to the organizing document). If "Yes," provide detail in If "Yes," complete Part I of Schedule L (Form 990). If "Yes," complete Part I of Schedule L (Form 990). If "Yes," provide detail in If "Yes," provide detail in If "Yes," provide detail in If "Yes," answer line 10b below. (Use Schedule C, Form 4720, to determine whether the organization had excess business holdings.) Schedule A (Form 990) 2022 Page (Complete only if you checked a box on line 12 of Part I. If you checked box 12a, Part I, complete Sections A and B. If you checked box 12b, Part I, complete Sections A and C. If you checked box 12c, Part I, complete Sections A, D, and E. If you checked box 12d, Part I, complete Sections A and D, and complete Part V.) Are all of the organization's supported organizations listed by name in the organization's governing documents? Did the organization have any supported organization that does not have an IRS determination of status under section 509(a)(1) or (2)? Did the organization have a supported organization described in section 501(c)(4), (5), or (6)? Did the organization confirm that each supported organization qualified under section 501(c)(4), (5), or (6) and satisfied the public support tests under section 509(a)(2)? Did the organization ensure that all support to such organizations was used exclusively for section 170(c)(2)(B) purposes? Was any supported organization not organized in the United States ("foreign supported organization")? Did the organization have ultimate control and discretion in deciding whether to make grants to the foreign supported organization? Did the organization support any foreign supported organization that does not have an IRS determination under sections 501(c)(3) and 509(a)(1) or (2)? Did the organization add, substitute, or remove any supported organizations during the tax year? Was any added or substituted supported organization part of a class already designated in the organization's organizing document? Was the substitution the result of an event beyond the organization's control? Did the organization provide support (whether in the form of grants or the provision of services or facilities) to anyone other than (i) its supported organizations, (ii) individuals that are part of the charitable class benefited by one or more of its supported organizations, or (iii) other supporting organizations that also support or benefit one or more of the filing organization's supported organizations? Did the organization provide a grant, loan, compensation, or other similar payment to a substantial contributor (as defined in section 4958(c)(3)(C)), a family member of a substantial contributor, or a 35% controlled entity with regard to a substantial contributor? Did the organization make a loan to a disqualified person (as defined in section 4958) not described on line 7? Was the organization controlled directly or indirectly at any time during the tax year by one or more disqualified persons, as defined in section 4946 (other than foundation managers and organizations described in section 509(a)(1) or (2))? Did one or more disqualified persons (as defined on line 9a) hold a controlling interest in any entity in which the supporting organization had an interest? Did a disqualified person (as defined on line 9a) have an ownership interest in, or derive any personal benefit from, assets in which the supporting organization also had an interest? Was the organization subject to the excess business holdings rules of section 4943 because of section 4943(f) (regarding certain Type II supporting organizations, and all Type III non-functionally integrated supporting organizations)? Did the organization have any excess business holdings in the tax year? Part IV Supporting Organizations Section A. All Supporting Organizations FEEDING SOUTH FLORIDA, INC.59-2097520 16 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 247 232025 12-09-22 5 Yes No 11 a b c 11a 11b 11cPart VI. Yes No 1 2 Part VI 1 2 Part VI Yes No 1 Part VI 1 Yes No 1 2 3 1 2 3 Part VI Part VI 1 2 3 (see instructions). a b c line 2 line 3 Part VI Answer lines 2a and 2b below.Yes No a b a b Part VI identify those supported organizations and explain 2a 2b 3a 3b Part VI Answer lines 3a and 3b below. Part VI. Part VI Schedule A (Form 990) 2022 If "Yes" to line 11a, 11b, or 11c, provide detail in If "No," describe in how the supported organization(s) effectively operated, supervised, or controlled the organization's activities. If the organization had more than one supported organization, describe how the powers to appoint and/or remove officers, directors, or trustees were allocated among the supported organizations and what conditions or restrictions, if any, applied to such powers during the tax year. If "Yes," explain in how providing such benefit carried out the purposes of the supported organization(s) that operated, supervised, or controlled the supporting organization. If "No," describe in how control or management of the supporting organization was vested in the same persons that controlled or managed the supported organization(s). If "No," explain in how the organization maintained a close and continuous working relationship with the supported organization(s). If "Yes," describe in the role the organization's supported organizations played in this regard. Check the box next to the method that the organization used to satisfy the Integral Part Test during the year Complete below. Complete below. Describe in how you supported a governmental entity (see instructions). If "Yes," then in how these activities directly furthered their exempt purposes, how the organization was responsive to those supported organizations, and how the organization determined that these activities constituted substantially all of its activities. If "Yes," explain in the reasons for the organization's position that its supported organization(s) would have engaged in these activities but for the organization's involvement. If "Yes" or "No" provide details in If "Yes," describe in the role played by the organization in this regard. Schedule A (Form 990) 2022 Page Has the organization accepted a gift or contribution from any of the following persons? A person who directly or indirectly controls, either alone or together with persons described on lines 11b and 11c below, the governing body of a supported organization? A family member of a person described on line 11a above? A 35% controlled entity of a person described on line 11a or 11b above? Did the governing body, members of the governing body, officers acting in their official capacity, or membership of one or more supported organizations have the power to regularly appoint or elect at least a majority of the organization's officers, directors, or trustees at all times during the tax year? Did the organization operate for the benefit of any supported organization other than the supported organization(s) that operated, supervised, or controlled the supporting organization? Were a majority of the organization's directors or trustees during the tax year also a majority of the directors or trustees of each of the organization's supported organization(s)? Did the organization provide to each of its supported organizations, by the last day of the fifth month of the organization's tax year, (i) a written notice describing the type and amount of support provided during the prior tax year, (ii) a copy of the Form 990 that was most recently filed as of the date of notification, and (iii) copies of the organization's governing documents in effect on the date of notification, to the extent not previously provided? Were any of the organization's officers, directors, or trustees either (i) appointed or elected by the supported organization(s) or (ii) serving on the governing body of a supported organization? By reason of the relationship described on line 2, above, did the organization's supported organizations have a significant voice in the organization's investment policies and in directing the use of the organization's income or assets at all times during the tax year? The organization satisfied the Activities Test. The organization is the parent of each of its supported organizations. The organization supported a governmental entity. Activities Test. Did substantially all of the organization's activities during the tax year directly further the exempt purposes of the supported organization(s) to which the organization was responsive? Did the activities described on line 2a, above, constitute activities that, but for the organization's involvement, one or more of the organization's supported organization(s) would have been engaged in? Parent of Supported Organizations. Did the organization have the power to regularly appoint or elect a majority of the officers, directors, or trustees of each of the supported organizations? Did the organization exercise a substantial degree of direction over the policies, programs, and activities of each of its supported organizations? (continued)Part IV Supporting Organizations Section B. Type I Supporting Organizations Section C. Type II Supporting Organizations Section D. All Type III Supporting Organizations Section E. Type III Functionally Integrated Supporting Organizations FEEDING SOUTH FLORIDA, INC.59-2097520 17 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 248 232026 12-09-22 6 1 Part VI See instructions. Section A - Adjusted Net Income 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8Adjusted Net Income Section B - Minimum Asset Amount 1 2 3 4 5 6 7 8 a b c d e 1a 1b 1c 1d 2 3 4 5 6 7 8 Total Discount Part VI Minimum Asset Amount Section C - Distributable Amount 1 2 3 4 5 6 7 1 2 3 4 5 6 Distributable Amount. Schedule A (Form 990) 2022 explain in explain in detail in Schedule A (Form 990) 2022 Page Check here if the organization satisfied the Integral Part Test as a qualifying trust on Nov. 20, 1970 (). All other Type III non-functionally integrated supporting organizations must complete Sections A through E. (B) Current Year (optional)(A) Prior Year Net short-term capital gain Recoveries of prior-year distributions Other gross income (see instructions) Add lines 1 through 3. Depreciation and depletion Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of income (see instructions) Other expenses (see instructions) (subtract lines 5, 6, and 7 from line 4) (B) Current Year (optional)(A) Prior Year Aggregate fair market value of all non-exempt-use assets (see instructions for short tax year or assets held for part of year): Average monthly value of securities Average monthly cash balances Fair market value of other non-exempt-use assets (add lines 1a, 1b, and 1c) claimed for blockage or other factors ( ): Acquisition indebtedness applicable to non-exempt-use assets Subtract line 2 from line 1d. Cash deemed held for exempt use. Enter 0.015 of line 3 (for greater amount, see instructions). Net value of non-exempt-use assets (subtract line 4 from line 3) Multiply line 5 by 0.035. Recoveries of prior-year distributions (add line 7 to line 6) Current Year Adjusted net income for prior year (from Section A, line 8, column A) Enter 0.85 of line 1. Minimum asset amount for prior year (from Section B, line 8, column A) Enter greater of line 2 or line 3. Income tax imposed in prior year Subtract line 5 from line 4, unless subject to emergency temporary reduction (see instructions). Check here if the current year is the organization's first as a non-functionally integrated Type III supporting organization (see instructions). Part V Type III Non-Functionally Integrated 509(a)(3) Supporting Organizations FEEDING SOUTH FLORIDA, INC.59-2097520 18 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 249 232027 12-09-22 7 Section D - Distributions Current Year 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 Part VI Part VI Total annual distributions. Part VI (i) Excess Distributions (ii) Underdistributions Pre-2022 (iii) Distributable Amount for 2022Section E - Distribution Allocations 1 2 3 4 5 6 7 8 Part VI a b c d e f g h i j Total a b c Part VI. Part VI Excess distributions carryover to 2023. a b c d e Schedule A (Form 990) 2022 provide details in describe in provide details in explain in explain in explain in Schedule A (Form 990) 2022 Page Amounts paid to supported organizations to accomplish exempt purposes Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from activity Administrative expenses paid to accomplish exempt purposes of supported organizations Amounts paid to acquire exempt-use assets Qualified set-aside amounts (prior IRS approval required - ) Other distributions ( ). See instructions. Add lines 1 through 6. Distributions to attentive supported organizations to which the organization is responsive ( ). See instructions. Distributable amount for 2022 from Section C, line 6 Line 8 amount divided by line 9 amount (see instructions) Distributable amount for 2022 from Section C, line 6 Underdistributions, if any, for years prior to 2022 (reason- able cause required - ). See instructions. Excess distributions carryover, if any, to 2022 From 2017 From 2018 From 2019 From 2020 From 2021 of lines 3a through 3e Applied to underdistributions of prior years Applied to 2022 distributable amount Carryover from 2017 not applied (see instructions) Remainder. Subtract lines 3g, 3h, and 3i from line 3f. Distributions for 2022 from Section D, line 7:$ Applied to underdistributions of prior years Applied to 2022 distributable amount Remainder. Subtract lines 4a and 4b from line 4. Remaining underdistributions for years prior to 2022, if any. Subtract lines 3g and 4a from line 2. For result greater than zero, See instructions. Remaining underdistributions for 2022. Subtract lines 3h and 4b from line 1. For result greater than zero, . See instructions. Add lines 3j and 4c. Breakdown of line 7: Excess from 2018 Excess from 2019 Excess from 2020 Excess from 2021 Excess from 2022 (continued) Part V Type III Non-Functionally Integrated 509(a)(3) Supporting Organizations FEEDING SOUTH FLORIDA, INC.59-2097520 19 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 250 232028 12-09-22 8 Schedule A (Form 990) 2022 Schedule A (Form 990) 2022 Page Provide the explanations required by Part II, line 10; Part II, line 17a or 17b; Part III, line 12; Part IV, Section A, lines 1, 2, 3b, 3c, 4b, 4c, 5a, 6, 9a, 9b, 9c, 11a, 11b, and 11c; Part IV, Section B, lines 1 and 2; Part IV, Section C, line 1; Part IV, Section D, lines 2 and 3; Part IV, Section E, lines 1c, 2a, 2b, 3a, and 3b; Part V, line 1; Part V, Section B, line 1e; Part V, Section D, lines 5, 6, and 8; and Part V, Section E, lines 2, 5, and 6. Also complete this part for any additional information. (See instructions.) Part VI Supplemental Information. MISCELLANEOUS 2018 AMOUNT: $ 139,394. 2019 AMOUNT: $ 240,410. 2020 AMOUNT: $ 263,416. 2021 AMOUNT: $ 457,061. 2022 AMOUNT: $ 19,893. FEEDING SOUTH FLORIDA, INC. SCHEDULE A, PART III, LINE 12, EXPLANATION FOR OTHER INCOME: 59-2097520 20 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 251 Department of the Treasury Internal Revenue Service 223451 11-15-22 For Paperwork Reduction Act Notice, see the instructions for Form 990, 990-EZ, or 990-PF.Schedule B (Form 990) (2022) OMB No. 1545-0047 (Form 990)Attach to Form 990 or Form 990-PF. Go to www.irs.gov/Form990 for the latest information. Employer identification number Organization type Filers of:Section: not General Rule Special Rule. Note: General Rule Special Rules (1) (2) General Rule Caution: must exclusively exclusively nonexclusively Name of the organization (check one): Form 990 or 990-EZ 501(c)() (enter number) organization 4947(a)(1) nonexempt charitable trust treated as a private foundation 527 political organization Form 990-PF 501(c)(3) exempt private foundation 4947(a)(1) nonexempt charitable trust treated as a private foundation 501(c)(3) taxable private foundation Check if your organization is covered by the or a Only a section 501(c)(7), (8), or (10) organization can check boxes for both the General Rule and a Special Rule. See instructions. For an organization filing Form 990, 990-EZ, or 990-PF that received, during the year, contributions totaling $5,000 or more (in money or property) from any one contributor. Complete Parts I and II. See instructions for determining a contributor's total contributions. For an organization described in section 501(c)(3) filing Form 990 or 990-EZ that met the 33 1/3% support test of the regulations under sections 509(a)(1) and 170(b)(1)(A)(vi), that checked Schedule A (Form 990), Part II, line 13, 16a, or 16b, and that received from any one contributor, during the year, total contributions of the greater of $5,000; or 2% of the amount on (i) Form 990, Part VIII, line 1h; or (ii) Form 990-EZ, line 1. Complete Parts I and II. For an organization described in section 501(c)(7), (8), or (10) filing Form 990 or 990-EZ that received from any one contributor, during the year, total contributions of more than $1,000 exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals. Complete Parts I (entering "N/A" in column (b) instead of the contributor name and address), II, and III. For an organization described in section 501(c)(7), (8), or (10) filing Form 990 or 990-EZ that received from any one contributor, during the year, contributions for religious, charitable, etc., purposes, but no such contributions totaled more than $1,000. If this box is checked, enter here the total contributions that were received during the year for an religious, charitable, etc., purpose. Don't complete any of the parts unless the applies to this organization because it received religious, charitable, etc., contributions totaling $5,000 or more during the year ~~~~~~~~~~~~~~~~~$ An organization that isn't covered by the General Rule and/or the Special Rules doesn't file Schedule B (Form 990), but it answer "No" on Part IV, line 2, of its Form 990; or check the box on line H of its Form 990-EZ or on its Form 990-PF, Part I, line 2, to certify that it doesn't meet the filing requirements of Schedule B (Form 990). LHA Schedule B Schedule of Contributors 2022 FEEDING SOUTH FLORIDA, INC.59-2097520 X 3 X 252 223452 11-15-22 Schedule B (Form 990) (2022) Employer identification number (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash Schedule B (Form 990) (2022)Page Name of organization (see instructions). Use duplicate copies of Part I if additional space is needed. $ (Complete Part II for noncash contributions.) $ (Complete Part II for noncash contributions.) $ (Complete Part II for noncash contributions.) $ (Complete Part II for noncash contributions.) $ (Complete Part II for noncash contributions.) $ (Complete Part II for noncash contributions.) 2 Part I Contributors 1 X3,931,247. PUBLIX P.O. BOX 407 LAKELAND, FL 33802 2 X6,460,752. RMS 751 NW 33RD ST, CENTERPORT STE. 500 POMPANO BEACH, FL 33064 3 X3,503,523. OAKES FARMS, INC. 4835 IMMOKALEE ROAD NAPLES, FL 34110 FEEDING SOUTH FLORIDA, INC.59-2097520 22 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 253 223453 11-15-22 Schedule B (Form 990) (2022) Employer identification number (a) No. from Part I (c) FMV (or estimate)(b) Description of noncash property given (d) Date received (a) No. from Part I (c) FMV (or estimate)(b) Description of noncash property given (d) Date received (a) No. from Part I (c) FMV (or estimate)(b) Description of noncash property given (d) Date received (a) No. from Part I (c) FMV (or estimate)(b) Description of noncash property given (d) Date received (a) No. from Part I (c) FMV (or estimate)(b) Description of noncash property given (d) Date received (a) No. from Part I (c) FMV (or estimate)(b) Description of noncash property given (d) Date received Schedule B (Form 990) (2022)Page Name of organization (see instructions). Use duplicate copies of Part II if additional space is needed. (See instructions.) $ (See instructions.) $ (See instructions.) $ (See instructions.) $ (See instructions.) $ (See instructions.) $ 3 Part II Noncash Property 1 2 3,931,247. FOOD DONATION 6,460,752. FOOD DONATION 3 3,503,523. FOOD DONATION FEEDING SOUTH FLORIDA, INC.59-2097520 23 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 254 completing Part III, enter the total of exclusively religious,charitable, etc., contributions of for the year. (Enter this info. once.) 223454 11-15-22 Exclusively religious, charitable, etc., contributions to organizations described in section 501(c)(7), (8), or (10) that total more than $1,000 for the year from any one contributor.(a)(e) and $1,000 or less Schedule B (Form 990) (2022) Complete columns through the following line entry. For organizations Employer identification number (a) No.fromPart I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name, address, and ZIP + 4 Relationship of transferor to transferee (a) No.fromPart I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name, address, and ZIP + 4 Relationship of transferor to transferee (a) No.fromPart I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name, address, and ZIP + 4 Relationship of transferor to transferee (a) No.fromPart I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name, address, and ZIP + 4 Relationship of transferor to transferee Schedule B (Form 990) (2022)Page Name of organization $ Use duplicate copies of Part III if additional space is needed. 4 Part III FEEDING SOUTH FLORIDA, INC.59-2097520 24 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 255 Department of the Treasury Internal Revenue Service 232051 09-01-22 OMB No. 1545-0047 Held at the End of the Tax Year Complete if the organization answered "Yes" on Form 990,Part IV, line 6, 7, 8, 9, 10, 11a, 11b, 11c, 11d, 11e, 11f, 12a, or 12b. Attach to Form 990.Go to www.irs.gov/Form990 for instructions and the latest information. (Form 990) Open to PublicInspection Name of the organization Employer identification number (a) (b) 1 2 3 4 5 6 Yes No Yes No 1 2 3 4 5 6 7 8 9 a b c d 2a 2b 2c 2d Yes No Yes No 1 2 a b (i) (ii) a b For Paperwork Reduction Act Notice, see the Instructions for Form 990.Schedule D (Form 990) 2022 Complete if the organization answered "Yes" on Form 990, Part IV, line 6. Donor advised funds Funds and other accounts Total number at end of year Aggregate value of contributions to (during year) Aggregate value of grants from (during year) Aggregate value at end of year ~~~~~~~~~~~~~~~ ~~~~ ~~~~~~ ~~~~~~~~~~~~~ Did the organization inform all donors and donor advisors in writing that the assets held in donor advised funds are the organization's property, subject to the organization's exclusive legal control?~~~~~~~~~~~~~~~~~~ Did the organization inform all grantees, donors, and donor advisors in writing that grant funds can be used only for charitable purposes and not for the benefit of the donor or donor advisor, or for any other purpose conferring impermissible private benefit? Complete if the organization answered "Yes" on Form 990, Part IV, line 7. Purpose(s) of conservation easements held by the organization (check all that apply). Preservation of land for public use (for example, recreation or education) Protection of natural habitat Preservation of open space Preservation of a historically important land area Preservation of a certified historic structure Complete lines 2a through 2d if the organization held a qualified conservation contribution in the form of a conservation easement on the last day of the tax year. Total number of conservation easements Total acreage restricted by conservation easements ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Number of conservation easements on a certified historic structure included in (a) Number of conservation easements included in (c) acquired after July 25,2006, and not on a historic structure listed in the National Register ~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Number of conservation easements modified, transferred, released, extinguished, or terminated by the organization during the tax year Number of states where property subject to conservation easement is located Does the organization have a written policy regarding the periodic monitoring, inspection, handling of violations, and enforcement of the conservation easements it holds?~~~~~~~~~~~~~~~~~~~~~~~~~ Staff and volunteer hours devoted to monitoring, inspecting, handling of violations, and enforcing conservation easements during the year Amount of expenses incurred in monitoring, inspecting, handling of violations, and enforcing conservation easements during the year Does each conservation easement reported on line 2(d) above satisfy the requirements of section 170(h)(4)(B)(i) and section 170(h)(4)(B)(ii)?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ In Part XIII, describe how the organization reports conservation easements in its revenue and expense statement and balance sheet, and include, if applicable, the text of the footnote to the organization's financial statements that describes the organization's accounting for conservation easements. Complete if the organization answered "Yes" on Form 990, Part IV, line 8. If the organization elected, as permitted under FASB ASC 958, not to report in its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide in Part XIII the text of the footnote to its financial statements that describes these items. If the organization elected, as permitted under FASB ASC 958, to report in its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide the following amounts relating to these items: Revenue included on Form 990, Part VIII, line 1 Assets included in Form 990, Part X ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$ $~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If the organization received or held works of art, historical treasures, or other similar assets for financial gain, provide the following amounts required to be reported under FASB ASC 958 relating to these items: Revenue included on Form 990, Part VIII, line 1 Assets included in Form 990, Part X ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$ $ LHA Part I Organizations Maintaining Donor Advised Funds or Other Similar Funds or Accounts. Part II Conservation Easements. Part III Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets. SCHEDULE D Supplemental Financial Statements 2022 FEEDING SOUTH FLORIDA, INC.59-2097520 25 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 256 232052 09-01-22 3 4 5 a b c d e Yes No 1 2 a b c d e f a b Yes No 1c 1d 1e 1f Yes No (a) (b) (c) (d) (e) 1 2 3 4 a b c d e f g a b c a b Yes No (i) (ii) 3a(i) 3a(ii) 3b (a) (b) (c) (d) 1a b c d e Total. Schedule D (Form 990) 2022 (continued) (Column (d) must equal Form 990, Part X, column (B), line 10c.) Two years back Three years back Four years back Schedule D (Form 990) 2022 Page Using the organization's acquisition, accession, and other records, check any of the following that make significant use of its collection items (check all that apply): Public exhibition Scholarly research Preservation for future generations Loan or exchange program Other Provide a description of the organization's collections and explain how they further the organization's exempt purpose in Part XIII. During the year, did the organization solicit or receive donations of art, historical treasures, or other similar assets to be sold to raise funds rather than to be maintained as part of the organization's collection? Complete if the organization answered "Yes" on Form 990, Part IV, line 9, or reported an amount on Form 990, Part X, line 21. Is the organization an agent, trustee, custodian or other intermediary for contributions or other assets not included on Form 990, Part X? If "Yes," explain the arrangement in Part XIII and complete the following table: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Amount Beginning balance Additions during the year Distributions during the year Ending balance ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization include an amount on Form 990, Part X, line 21, for escrow or custodial account liability? If "Yes," explain the arrangement in Part XIII. Check here if the explanation has been provided on Part XIII ~~~~~ Complete if the organization answered "Yes" on Form 990, Part IV, line 10. Current year Prior year Beginning of year balance Contributions Net investment earnings, gains, and losses Grants or scholarships ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~ Other expenditures for facilities and programs Administrative expenses End of year balance ~~~~~~~~~~~~~ ~~~~~~~~ ~~~~~~~~~~ Provide the estimated percentage of the current year end balance (line 1g, column (a)) held as: Board designated or quasi-endowment Permanent endowment Term endowment The percentages on lines 2a, 2b, and 2c should equal 100%. % % % Are there endowment funds not in the possession of the organization that are held and administered for the organization by: Unrelated organizations Related organizations ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If "Yes" on line 3a(ii), are the related organizations listed as required on Schedule R? Describe in Part XIII the intended uses of the organization's endowment funds. ~~~~~~~~~~~~~~~~~~~~ Complete if the organization answered "Yes" on Form 990, Part IV, line 11a. See Form 990, Part X, line 10. Description of property Cost or other basis (investment) Cost or other basis (other) Accumulated depreciation Book value Land Buildings Leasehold improvements ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~ Equipment Other ~~~~~~~~~~~~~~~~~ Add lines 1a through 1e. 2 Part III Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets Part IV Escrow and Custodial Arrangements. Part V Endowment Funds. Part VI Land, Buildings, and Equipment. 763,799. 78,167. 841,966. 100 X X 460,000. 5,218,405. 672,262. 2,761,597. 598,073. 1,064,732. 361,830. 1,751,506. 74,324. 460,000. 4,153,673. 310,432. 1,010,091. 523,749. 6,457,945. FEEDING SOUTH FLORIDA, INC.59-2097520 1,243,396. 84,115. -82,057. 481,655. 763,799. 122,383. 892,075. 228,938. 1,243,396. 989,854. 48,087. 77,534. 223,400. 892,075. 1,042,964. 32,044. 59,846. 145,000. 989,854. 26 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 257 (including name of security) 232053 09-01-22 Total. Total. (a) (b) (c) (1) (2) (3) (a) (b) (c) (1) (2) (3) (4) (5) (6) (7) (8) (9) (a) (b) (1) (2) (3) (4) (5) (6) (7) (8) (9) Total. (a) (b) 1. Total. 2. Schedule D (Form 990) 2022 (Column (b) must equal Form 990, Part X, col. (B) line 15.) (Column (b) must equal Form 990, Part X, col. (B) line 25.) Description of security or category (Col. (b) must equal Form 990, Part X, col. (B) line 12.) (Col. (b) must equal Form 990, Part X, col. (B) line 13.) Schedule D (Form 990) 2022 Page Complete if the organization answered "Yes" on Form 990, Part IV, line 11b. See Form 990, Part X, line 12. Book value Method of valuation: Cost or end-of-year market value Financial derivatives Closely held equity interests Other ~~~~~~~~~~~~~~~ ~~~~~~~~~~~ (A) (B) (C) (D) (E) (F) (G) (H) Complete if the organization answered "Yes" on Form 990, Part IV, line 11c. See Form 990, Part X, line 13. Description of investment Book value Method of valuation: Cost or end-of-year market value Complete if the organization answered "Yes" on Form 990, Part IV, line 11d. See Form 990, Part X, line 15. Description Book value Complete if the organization answered "Yes" on Form 990, Part IV, line 11e or 11f. See Form 990, Part X, line 25. Description of liability Book value (1) (2) (3) (4) (5) (6) (7) (8) (9) Federal income taxes Liability for uncertain tax positions. In Part XIII, provide the text of the footnote to the organization's financial statements that reports the organization's liability for uncertain tax positions under FASB ASC 740. Check here if the text of the footnote has been provided in Part XIII 3 Part VII Investments - Other Securities. Part VIII Investments - Program Related. Part IX Other Assets. Part X Other Liabilities. FEEDING SOUTH FLORIDA, INC. SECURITY DEPOSITS FOOD INVENTORY RIGHT OF USE ASSET OPERATING LEASE LIABILITY 59-2097520 70,837. 3,201,246. 4,851,722. 8,123,805. 4,831,345. 4,831,345. X 27 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 258 232054 09-01-22 1 2 3 4 5 1 a b c d e 2a 2b 2c 2d 2a 2d 2e 32e 1 a b c 4a 4b 4a 4b 3 4c. 4c 5 1 2 3 4 5 1 a b c d e 2a 2b 2c 2d 2a 2d 2e 1 2e 3 a b c 4a 4b 4a 4b 3 4c. 4c 5 Schedule D (Form 990) 2022 (This must equal Form 990, Part I, line 12.) (This must equal Form 990, Part I, line 18.) Schedule D (Form 990) 2022 Page Complete if the organization answered "Yes" on Form 990, Part IV, line 12a. Total revenue, gains, and other support per audited financial statements Amounts included on line 1 but not on Form 990, Part VIII, line 12: ~~~~~~~~~~~~~~~~~~~ Net unrealized gains (losses) on investments Donated services and use of facilities Recoveries of prior year grants Other (Describe in Part XIII.) ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Add lines through ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Subtract line from line ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Amounts included on Form 990, Part VIII, line 12, but not on line 1: Investment expenses not included on Form 990, Part VIII, line 7b Other (Describe in Part XIII.) ~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Add lines and Total revenue. Add lines and ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Complete if the organization answered "Yes" on Form 990, Part IV, line 12a. Total expenses and losses per audited financial statements Amounts included on line 1 but not on Form 990, Part IX, line 25: ~~~~~~~~~~~~~~~~~~~~~~~~~~ Donated services and use of facilities Prior year adjustments Other losses Other (Describe in Part XIII.) ~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Add lines through Subtract line from line ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Amounts included on Form 990, Part IX, line 25, but not on line 1: Investment expenses not included on Form 990, Part VIII, line 7b Other (Describe in Part XIII.) ~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Add lines and Total expenses. Add lines and ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Provide the descriptions required for Part II, lines 3, 5, and 9; Part III, lines 1a and 4; Part IV, lines 1b and 2b; Part V, line 4; Part X, line 2; Part XI, lines 2d and 4b; and Part XII, lines 2d and 4b. Also complete this part to provide any additional information. 4 Part XI Reconciliation of Revenue per Audited Financial Statements With Revenue per Return. Part XII Reconciliation of Expenses per Audited Financial Statements With Expenses per Return. Part XIII Supplemental Information. THE ORGANIZATION IS A NON-PROFIT CORPORATION, QUALIFIED UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE AND IS THEREFORE EXEMPT FROM CORPORATE INCOME TAXATION ON INCOME RELATED TO ITS EXEMPT FUNCTION. NO PROVISION FOR INCOME TAXES HAS BEEN MADE IN THE ACCOMPANYING FINANCIAL STATEMENTS. PART XI, LINE 2D - OTHER ADJUSTMENTS: 155,145,433. 321,181. 53,343. 30,979. 405,503. 154,739,930. 54,461. 54,461. 154,794,391. 157,462,679. 53,343. 30,979. 84,322. 157,378,357. 54,461. 54,461. 157,432,818. PART X, LINE 2: FEEDING SOUTH FLORIDA, INC.59-2097520 DIRECT EXPENSE 30,979. PART XII, LINE 2D - OTHER ADJUSTMENTS: DIRECT EXPENSE 30,979. 28 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 259 232055 09-01-22 5 Schedule D (Form 990) 2022 (continued) Schedule D (Form 990) 2022 Page Part XIII Supplemental Information PART V, LINE 4: THE INTENDED USE OF THE ENDOWMENT FUNDS ARE FOR THE SUPPORT OF THE ORGANIZATION. FEEDING SOUTH FLORIDA, INC.59-2097520 29 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 260 Department of the Treasury Internal Revenue Service Didfundraiserhave custodyor control ofcontributions? 232081 10-27-22 Go to OMB No. 1545-0047 Complete if the organization answered "Yes" on Form 990, Part IV, line 17, 18, or 19, or if the organization entered more than $15,000 on Form 990-EZ, line 6a. Open to Public Inspection Attach to Form 990 or Form 990-EZ. www.irs.gov/Form990 for instructions and the latest information. Employer identification number 1 a b c d a b e f g 2 Yes No (i) (ii) (iii) (iv) (v) (i) (vi) Yes No Total 3 For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.Schedule G (Form 990) 2022 Name of the organization Complete if the organization answered "Yes" on Form 990, Part IV, line 17. Form 990-EZ filers are not required to complete this part. Indicate whether the organization raised funds through any of the following activities. Check all that apply. Mail solicitations Internet and email solicitations Phone solicitations In-person solicitations Solicitation of non-government grants Solicitation of government grants Special fundraising events Did the organization have a written or oral agreement with any individual (including officers, directors, trustees, or key employees listed in Form 990, Part VII) or entity in connection with professional fundraising services? If "Yes," list the 10 highest paid individuals or entities (fundraisers) pursuant to agreements under which the fundraiser is to be compensated at least $5,000 by the organization. Name and address of individual or entity (fundraiser)Activity Gross receipts from activity Amount paidto (or retained by)fundraiserlisted in col. Amount paidto (or retained by)organization List all states in which the organization is registered or licensed to solicit contributions or has been notified it is exempt from registration or licensing. LHA Supplemental Information Regarding Fundraising or Gaming ActivitiesSCHEDULE G (Form 990) Part I Fundraising Activities. 2022 59-2097520 X X ALLEGIANCE FUNDRAISING, LLC - X 233,995.233,995. 0.233,995.P.O. BOX 9132, FARGO, ND 233,995. FEEDING SOUTH FLORIDA, INC. DIRECT MAIL SEE PART IV FOR CONTINUATIONS 30 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 261 232082 10-27-22 2 (d) (a) (c) (a) (b) (c) 1 2 3 4 5 6 7 8 9 10 11 (a) (b) (c) (d) (a) (c) 1 2 3 4 5 6 7 8 Yes Yes Yes No No No 9 10 a b Yes No a b Yes No Schedule G (Form 990) 2022 Pull tabs/instant bingo/progressive bingo Schedule G (Form 990) 2022 Page Complete if the organization answered "Yes" on Form 990, Part IV, line 18, or reported more than $15,000 of fundraising event contributions and gross income on Form 990-EZ, lines 1 and 6b. List events with gross receipts greater than $5,000. Total events (add col. through col. )RevenueEvent #1 Event #2 Other events (event type)(event type)(total number) Gross receipts Less: Contributions ~~~~~~~~~~~~~~ ~~~~~~~~~~~ Gross income (line 1 minus line 2)Direct Expenses Cash prizes Noncash prizes ~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ Rent/facility costs ~~~~~~~~~~~~ Food and beverages Entertainment ~~~~~~~~~~ ~~~~~~~~~~~~~~ Other direct expenses ~~~~~~~~~~ Direct expense summary. Add lines 4 through 9 in column (d) Net income summary. Subtract line 10 from line 3, column (d) ~~~~~~~~~~~~~~~~~~~~~~~~~~ Complete if the organization answered "Yes" on Form 990, Part IV, line 19, or reported more than $15,000 on Form 990-EZ, line 6a.RevenueBingo Other gaming Total gaming (add col. through col. )Direct ExpensesGross revenue Cash prizes Noncash prizes ~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ Rent/facility costs Other direct expenses ~~~~~~~~~~~~ %%% Volunteer labor ~~~~~~~~~~~~~ Direct expense summary. Add lines 2 through 5 in column (d) Net gaming income summary. Subtract line 7 from line 1, column (d) ~~~~~~~~~~~~~~~~~~~~~~~~~~ Enter the state(s) in which the organization conducts gaming activities: Is the organization licensed to conduct gaming activities in each of these states? If "No," explain: ~~~~~~~~~~~~~~~~~~~~ Were any of the organization's gaming licenses revoked, suspended, or terminated during the tax year? If "Yes," explain: ~~~~~~~~~ Part II Fundraising Events. Part III Gaming. 282,881. 282,881. 100,886. 100,886. 66,481. 66,481. 450,248. 450,248. 30,979. -30,979. DAY GIVE MIAMI SHARE JOY SHARE FOOD 2 FEEDING SOUTH FLORIDA, INC.59-2097520 30,979.30,979. 31 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 262 232083 10-27-22 3 11 12 13 14 15 Yes No Yes No a b 13a 13b Yes Noa b c 16 17 a b Yes No Schedule G (Form 990) 2022 Schedule G (Form 990) 2022 Page Does the organization conduct gaming activities with nonmembers? Is the organization a grantor, beneficiary or trustee of a trust, or a member of a partnership or other entity formed to administer charitable gaming? ~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Indicate the percentage of gaming activity conducted in: The organization's facility An outside facility ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~% %~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Enter the name and address of the person who prepares the organization's gaming/special events books and records: Name Address Does the organization have a contract with a third party from whom the organization receives gaming revenue? If "Yes," enter the amount of gaming revenue received by the organization ~~~~~~ $and the amount of gaming revenue retained by the third party $ If "Yes," enter name and address of the third party: Name Address Gaming manager information: Name Gaming manager compensation Description of services provided $ Director/officer Employee Independent contractor Mandatory distributions: Is the organization required under state law to make charitable distributions from the gaming proceeds to retain the state gaming license?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Enter the amount of distributions required under state law to be distributed to other exempt organizations or spent in the organization's own exempt activities during the tax year $ Provide the explanations required by Part I, line 2b, columns (iii) and (v); and Part III, lines 9, 9b, 10b, 15b, 15c, 16, and 17b, as applicable. Also provide any additional information. See instructions. Part IV Supplemental Information. FEEDING SOUTH FLORIDA, INC.59-2097520 SCHEDULE G, PART I, LINE 2B, LIST OF TEN HIGHEST PAID FUNDRAISERS: (I) NAME OF FUNDRAISER: ALLEGIANCE FUNDRAISING, LLC (I) ADDRESS OF FUNDRAISER: P.O. BOX 9132, FARGO, ND 58106 32 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 263 232084 04-01-22 4 Schedule G (Form 990) (continued) Schedule G (Form 990)Page Part IV Supplemental Information FEEDING SOUTH FLORIDA, INC.59-2097520 33 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 264 OMB No. 1545-0047 Department of the Treasury Internal Revenue Service 232111 10-18-22 For certain Officers, Directors, Trustees, Key Employees, and HighestCompensated Employees Complete if the organization answered "Yes" on Form 990, Part IV, line 23.Open to Public InspectionAttach to Form 990. Go to www.irs.gov/Form990 for instructions and the latest information. Employer identification number Yes No 1a b 1b 2 2 3 4 a b c 4a 4b 4c Only section 501(c)(3), 501(c)(4), and 501(c)(29) organizations must complete lines 5-9. 5 5a 5b 6a 6b 7 8 9 a b 6 a b 7 8 9 For Paperwork Reduction Act Notice, see the Instructions for Form 990.Schedule J (Form 990) 2022 Name of the organization Check the appropriate box(es) if the organization provided any of the following to or for a person listed on Form 990, Part VII, Section A, line 1a. Complete Part III to provide any relevant information regarding these items. First-class or charter travel Travel for companions Housing allowance or residence for personal use Payments for business use of personal residence Tax indemnification and gross-up payments Discretionary spending account Health or social club dues or initiation fees Personal services (such as maid, chauffeur, chef) If any of the boxes on line 1a are checked, did the organization follow a written policy regarding payment or reimbursement or provision of all of the expenses described above? If "No," complete Part III to explain ~~~~~~~~~~~ Did the organization require substantiation prior to reimbursing or allowing expenses incurred by all directors, trustees, and officers, including the CEO/Executive Director, regarding the items checked on line 1a?~~~~~~~~~~~~ Indicate which, if any, of the following the organization used to establish the compensation of the organization's CEO/Executive Director. Check all that apply. Do not check any boxes for methods used by a related organization to establish compensation of the CEO/Executive Director, but explain in Part III. Compensation committee Independent compensation consultant Form 990 of other organizations Written employment contract Compensation survey or study Approval by the board or compensation committee During the year, did any person listed on Form 990, Part VII, Section A, line 1a, with respect to the filing organization or a related organization: Receive a severance payment or change-of-control payment? Participate in or receive payment from a supplemental nonqualified retirement plan? Participate in or receive payment from an equity-based compensation arrangement? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~ If "Yes" to any of lines 4a-c, list the persons and provide the applicable amounts for each item in Part III. For persons listed on Form 990, Part VII, Section A, line 1a, did the organization pay or accrue any compensation contingent on the revenues of: The organization? Any related organization? If "Yes" on line 5a or 5b, describe in Part III. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ For persons listed on Form 990, Part VII, Section A, line 1a, did the organization pay or accrue any compensation contingent on the net earnings of: The organization? Any related organization? If "Yes" on line 6a or 6b, describe in Part III. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ For persons listed on Form 990, Part VII, Section A, line 1a, did the organization provide any nonfixed payments not described on lines 5 and 6? If "Yes," describe in Part III Were any amounts reported on Form 990, Part VII, paid or accrued pursuant to a contract that was subject to the initial contract exception described in Regulations section 53.4958-4(a)(3)? If "Yes," describe in Part III ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~ If "Yes" on line 8, did the organization also follow the rebuttable presumption procedure described in Regulations section 53.4958-6(c)? LHA SCHEDULE J (Form 990) Part I Questions Regarding Compensation Compensation Information 2022 59-2097520 X X X X X X X X X X FEEDING SOUTH FLORIDA, INC. 34 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 265 232112 10-18-22 2 Part II Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees. Note: (B) (C) (D) (E) (F) (A) (i) (ii) (iii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) Schedule J (Form 990) 2022 Schedule J (Form 990) 2022 Page Use duplicate copies if additional space is needed. For each individual whose compensation must be reported on Schedule J, report compensation from the organization on row (i) and from related organizations, described in the instructions, on row (ii). Do not list any individuals that aren't listed on Form 990, Part VII. The sum of columns (B)(i)-(iii) for each listed individual must equal the total amount of Form 990, Part VII, Section A, line 1a, applicable column (D) and (E) amounts for that individual. Breakdown of W-2 and/or 1099-MISC and/or 1099-NECcompensation Retirement and other deferred compensation Nontaxable benefits Total of columns (B)(i)-(D) Compensation in column (B) reported as deferred on prior Form 990Name and Title Base compensation Bonus & incentive compensation Other reportable compensation FEEDING SOUTH FLORIDA, INC. 267,701.52,500.0.0.42,929.363,130.0. CEO 0.0.0.0.0.0.0. 117,885.0.0.0.0.117,885.0. FORMER VP OF PHILANTHROPY 0.0.0.0.0.0.0. 109,367.0.0.0.0.109,367.0. FORMER VP OF OPERATIONS 0.0.0.0.0.0.0. 59-2097520 (1) FRANCISCO VELEZ (2) STUART HANIFF (3) FREDERICK CHENG 35 266 232113 10-18-22 3 Part III Supplemental Information Schedule J (Form 990) 2022 Schedule J (Form 990) 2022 Page Provide the information, explanation, or descriptions required for Part I, lines 1a, 1b, 3, 4a, 4b, 4c, 5a, 5b, 6a, 6b, 7, and 8, and for Part II. Also complete this part for any additional information. 59-2097520FEEDING SOUTH FLORIDA, INC. 36 267 OMB No. 1545-0047 Department of the Treasury Internal Revenue Service 232141 09-09-22 Open to Public Inspection Complete if the organizations answered "Yes" on Form 990, Part IV, lines 29 or 30. Attach to Form 990. Go to www.irs.gov/Form990 for instructions and the latest information. Employer identification number (a)(b)(c)(d) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 29 Yes No 30 31 32 33 a b 30a 31 32a a b For Paperwork Reduction Act Notice, see the Instructions for Form 990.Schedule M (Form 990) 2022 Name of the organization Check if applicable Number of contributions or items contributed Noncash contribution amounts reported on Form 990, Part VIII, line 1g Method of determining noncash contribution amounts Art - Works of art Art - Historical treasures Art - Fractional interests ~~~~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~~ Books and publications Clothing and household goods ~~~~~~~~~~ ~~~~~~ Cars and other vehicles Boats and planes Intellectual property ~~~~~~~~~~ ~~~~~~~~~~~~~ ~~~~~~~~~~~ Securities - Publicly traded Securities - Closely held stock ~~~~~~~~ ~~~~~~~ Securities - Partnership, LLC, or trust interests Securities - Miscellaneous ~~~~~~~~~~~~~~ ~~~~~~~~ Qualified conservation contribution - Historic structures Qualified conservation contribution - Other ~~~~~~~~~~~~ ~ Real estate - Residential Real estate - Commercial Real estate - Other ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~~~~ Collectibles Food inventory Drugs and medical supplies Taxidermy ~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~ ~~~~~~~~~~~~~~~~ Historical artifacts Scientific specimens Archeological artifacts ~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~~ Other () Other () Other () Other () Number of Forms 8283 received by the organization during the tax year for contributions for which the organization completed Form 8283, Part V, Donee Acknowledgement ~~~~ During the year, did the organization receive by contribution any property reported in Part I, lines 1 through 28, that it must hold for at least 3 years from the date of the initial contribution, and which isn't required to be used for exempt purposes for the entire holding period?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If "Yes," describe the arrangement in Part II. Does the organization have a gift acceptance policy that requires the review of any nonstandard contributions?~~~~~~ Does the organization hire or use third parties or related organizations to solicit, process, or sell noncash contributions?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If "Yes," describe in Part II. If the organization didn't report an amount in column (c) for a type of property for which column (a) is checked, describe in Part II. LHA SCHEDULE M (Form 990) Part I Types of Property Noncash Contributions 2022 59-2097520 5,000. 5,508. 136,166,298. 10,981. 5,000. 0 0 FAIR MARKET VALUE FMV DETERM. BY 3RD P FAIR MARKET VALUE FAIR MARKET VALUE X X X X X EQUIPMENT GIFT CARDS X X X FEEDING SOUTH FLORIDA, INC. 37 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 268 232142 09-09-22 2 Schedule M (Form 990) 2022 Schedule M (Form 990) 2022 Page Provide the information required by Part I, lines 30b, 32b, and 33, and whether the organization is reporting in Part I, column (b), the number of contributions, the number of items received, or a combination of both. Also complete this part for any additional information. Part II Supplemental Information. SCHEDULE M, LINE 32B: THE ORGANIZATION USES THIRD PARTIES TO SOLICIT NONCASH FOOD DONATIONS. FEEDING SOUTH FLORIDA, INC.59-2097520 38 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 269 OMB No. 1545-0047 Department of the Treasury Internal Revenue Service 232211 10-28-22 Complete to provide information for responses to specific questions onForm 990 or 990-EZ or to provide any additional information. Attach to Form 990 or Form 990-EZ.Go to www.irs.gov/Form990 for the latest information. Open to Public Inspection Employer identification number For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.Schedule O (Form 990) 2022 Name of the organization LHA (Form 990) SCHEDULE O Supplemental Information to Form 990 or 990-EZ 2022 FORM 990, PART I, LINE 1, DESCRIPTION OF ORGANIZATION MISSION: END HUNGER IN SOUTH FLORIDA THROUGH ACCESS TO NUTRITIOUS FOOD, ADVOCACY AND INNOVATIVE PROGRAMMING. FORM 990, PART III, LINE 4A, PROGRAM SERVICE ACCOMPLISHMENTS: INDIVIDUALS AND FAMILIES ACHIEVE INDEPENDENCE. IN ADDITION TO PROVIDING OVER 73 MILLION POUNDS OF FOOD, FEEDING SOUTH FLORIDA EXPANDED ITS CULINARY TRAINING PROGRAM, WAREHOUSE TRAINING PROGRAM, MOBILE FARMACY, MEDICALLY TAILORED MEAL DELIVERY PROGRAM, ENROLLED OVER 1,316 HOUSEHOLDS IN SNAP AND OTHER FEDERAL BENEFIT ASSISTANCE PROGRAMS AND RECEIVED THE SUPPORT OF OVER 24,000 VOLUNTEERS. FORM 990, PART VI, SECTION B, LINE 11B: THE FORM 990 IS REVIEWED AND FEEDBACK IS GIVEN ON THE 990 BEFORE FILING. FORM 990, PART VI, SECTION B, LINE 12C: THROUGH COMMITTEES, MEETINGS, VERBAL WARNINGS TO EMPLOYEES AND WRITE-UPS TO EMPLOYEES. FORM 990, PART VI, SECTION B, LINE 15: THE ORGANIZATION TAKES STEPS TO ENSURE THE COMPENSATION IS APPROPRIATE AND HAS FORMAL PROCESS IN PLACE. FORM 990, PART VI, SECTION C, LINE 19: THE ORGANIZATION MAKES ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY FEEDING SOUTH FLORIDA, INC.59-2097520 39 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 270 232212 10-28-22 2 Employer identification number Schedule O (Form 990) 2022 Schedule O (Form 990) 2022 Page Name of the organization AND FINANCIAL STATEMENTS AVAILABLE TO THE PUBLIC UPON REQUEST. FORM 990, PART XI, LINE 9, CHANGES IN NET ASSETS: ASC 842 ADJUSTMENT 94,537. FORM 990, PART XII, LINE 2C NO CHANGE FROM PRIOR YEAR. FEEDING SOUTH FLORIDA, INC.59-2097520 40 14350515 790347 240217 2022.05090 FEEDING SOUTH FLORIDA, IN 240217_1 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 FY2025-2026 CDBG Application Scoring Name of the organization: ________________________________________________________________________ Category Meets expectations (11-20 points) Does not meet expectations (0-10 points) Programmatic Review Proposed Project Executive Summary Points: 19 The applicant describes in detail the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they Selected for program. The applicant is unclear or does not include or describe in details the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they selected for program. Community Need & Justification Points: 0 The applicant clearly identifies and defines a specific need(s) for the project in the community and effectively describes overall effectiveness of the program, how the project relates to the overall organizational structure, how the CDBG funds are proposed to be used and will impact the current operation of the organization. The applicant does not sufficiently identify or describe a need for the project in the community and does not effectively describes overall effectiveness of the program, how the project relates to the overall organizational structure, how the CDBG funds are proposed to be used and will impact the current operation of the organization. Location, Target Population and Income Certification requirement Points: 18 The applicant clearly identifies the location of the project and the target population. The proposal demonstrates a collaborative process that includes multiple community partners involved in planning and implementation. The applicant describes in detail the income certification process and has ability and experience to income certify individuals. The applicant has provided very limited information about the location of the project and the target population. The applicant doesn’t have any partnership with other organizations. The applicant didn’t explain in detail, the process of how the organization income certify individuals, and/or has no experience with income certification, and/or is not able to income certify individuals. Legal Aid Society, Palm Beach County, Inc 290 Total Score: 58/ 100 Reviewer’s Name: ____________________________ Title: _________________________________________ Notes/comments: Community Need & Justification: The applicant did not provide any responses for this section. Budget: No explanation for the budget was provided. "Other" cannot be considered a valid budget line item Organization Capacity: The applicant did not adhere to the application format. As a reviewer, I had to determine which parts of the 11 paragraphs corresponded to each question, which is unacceptable in a grant application. The answer to question #3 was also unclear. Budget Points: 10 The budget is specific and cost reasonable, cost effective and all items align with the described project. The requested grant amount is reasonable in comparison to the in-kind, or other funds that have been identified, secured, and in place to support the project. There are not any unexplained amounts. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are reasonable. All line items are identified clearly in the budget narrative. The budget is not specific and/or cost reasonable, and the items are poorly aligned with the described project. The budget is included in the application but seems incomplete or not reflective of actual costs. The requested grant amount is not reasonable in comparison to the in-kind, or other funds that have been identified, secured, and in place to support the project. There are unexplained amounts. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are not reasonable. Line items are not clearly defined in the budget narrative. Organization Capacity Points: 11 The human resource allocation to this project is appropriate (internal staff expertise and experience). The applicant demonstrates reliability for this kind of work (provides a brief list of the topics covered in the written policies and procedures, a history or track record of achievements, and letters of support). It explains how CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding. The organization provides a description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant answered all the questions in the application. The human resource allocation to this project is not appropriate (internal staff expertise and experience). The applicant is limited in its ability to demonstrate reliability for this kind of work (the applicant doesn’t provide a brief list of the topics covered in the written policies and procedures, a history or track record of achievements, and letters of support) It doesn’t explain how CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding. The organization doesn’t’ provide a description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant didn’t answer all the questions in the application. Mirna Crompton Grants Manager 291 FY2025‐2026 CDBG Application Scoring Name of the organization: _Legal Aid Society of Palm Beach County_______________________________________________________________________ Category Meets expectations (11‐20 points) Does not meet expectations (0‐10 points) Programmatic Review Proposed Project Executive Summary Points: 20 The applicant describes in detail the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they Selected for program. Applicant, provide a clear and concise Application, with an effective summarization of the project community. The applicant is unclear or does not include or describe in details the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they selected for program. Community Need & Justification Points: 15 The applicant clearly identifies and defines a specific need(s) for the project in the community and effectively describes overall effectiveness of the program, how the project relates to the overall organizational structure, how the CDBG funds are proposed to be used and will impact the current operation of the organization. The description and the details provided with this application aligned and justify the activity and will have a positive impact on the Community The applicant does not sufficiently identify or describe a need for the project in the community and does not effectively describes overall effectiveness of the program, how the project relates to the overall organizational structure, how the CDBG funds are proposed to be used and will impact the current operation of the organization. 292 Location, Target Population and Income Certification requirement Points: 10 The applicant clearly identifies the location of the project and the target population. The proposal demonstrates a collaborative process that includes multiple community partners involved in planning and implementation. The applicant describes in detail the income certification process and has ability and experience to income certify individuals. The applicant has provided very limited information about the location of the project and the target population. The applicant doesn’t have any partnership with other organizations. The applicant didn’t explain in detail, the process of how the organization income certify individuals, and/or has no experience with income certification, and/or is not able to income certify individuals. Budget Points: 15 The budget is specific and cost reasonable, cost effective and all items align with the described project. The requested grant amount is reasonable in comparison to the in‐kind, or other funds that have been identified, secured, and in place to support the project. There are not any unexplained amounts. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are reasonable. All line items are identified clearly in the budget narrative. The cost is not too reasonable in my opinion The budget is not specific and/or cost reasonable, and the items are poorly aligned with the described project. The budget is included in the application but seems incomplete or not reflective of actual costs. The requested grant amount is not reasonable in comparison to the in‐kind, or other funds that have been identified, secured, and in place to support the project. There are unexplained amounts. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are not reasonable. Line items are not clearly defined in the budget narrative. Organization Capacity Points: 15 The human resource allocation to this project is appropriate (internal staff expertise and experience). The applicant demonstrates reliability for this kind of work (provides a brief list of the topics covered in the written policies and procedures, a history or track record of achievements, and letters of support). It explains how CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding. The organization provides a description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant answered all the questions in the application. The human resource allocation to this project is not appropriate (internal staff expertise and experience). The applicant is limited in its ability to demonstrate reliability for this kind of work (the applicant doesn’t provide a brief list of the topics covered in the written policies and procedures, a history or track record of achievements, and letters of support) It doesn’t explain how CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding. The organization doesn’t’ provide a description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant didn’t answer all the questions in the application. 293 Total Score: 75/ 100 Reviewer’s Name: ___Jessika Viciere_________________________ Title: Accountant _________________________________________ Notes/comments: The organization provides a fair description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant also answered all the questions in the application. 294 FOR MORE INFORMATION OR QUESTIONS, PLEASE CONTACT: CITY OF BOYNTON RJ Ramirez, Community Improvement Manager COMMUNITY IMPROVEMENT DIVISION 100 East Ocean Avenue Boynton Beach, FL 33435 Telephone: 561-742-6359 Email: ramirezr@bbfl.us boynton-beach.org/community-improvement Fiscal Year 2025 (No applications will be accepted after 5:00 PM, on March 31, 2025) City of Boynton Beach-Community Improvement Division 100 East Ocean Avenue, Boynton Beach, FL 33435 Hard copy and a Digital/Electronic Copy with all attachments to March 31, 2025,5:00 PM SUBMISSION DEADLINE (October 1, 2025 to September 30, 2026) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Subrecipient Grant Application 295 1 Agency Name: Project: APPLICATION ☐Submit Hard Copy and a Digital/Electronic Application with all attachments ☐Application is signed and dated. By Director, and Board Chairperson ☐501(c) (3) is attached (No-For-Profit Status) ☐City of Boynton Beach Business Tax Receipt attached (if applicable). ☐Board Member list. ☐Copy of latest audit. ☐All funding sources for this project identified. ADDITIONAL ATTACHMENTS ☐Attachment 1 ☐Attachment 2 ☐Attachment 3 ☐Attachment 4 ☐Attachment 5 Agency Articles of Incorporation, Agency By-laws, and Tax Documents submitted to the Internal Revenue Service (IRS). Copies of current license(s) needed to operate (as applicable to the funded activity) including City of Boynton Beach Business Tax Receipt (if applicable) Documentation of all additional funding sources for program(s)/project(s) listed in application (if applicable) A description/schedule of fees charged to the targeted beneficiaries of the programs/services/facilities to be funded (if applicable) A job description for each position for which funds are being requested (explain role/responsibilities within each program/project ) (if applicable) N/A N/A 296 2 Certifications and Affirmations ☐I certify that I am authorized to submit this application on behalf of the applicant agency ☐I affirm that the award and payment of grant funds are subject to the sole and absolute discretion of the City of Boynton Beach City Commission without recourse. By submitting this application, I waive any and all claims related to the City of Boynton Beach CDBG Program and specifically agree to indemnify and hold the City, its employees, officers, agents, and representatives harmless from any and all claims which may be in any way related to any City of Boynton Beach CDBG Program award, payment, and/or denial. ☐I certify that my agency was established as 501(c) (3) on or before October 1, 2021 and is currently operating in the City of Boynton Beach. ☐If funded, I affirm the applicant agency will continue service operations in the City of Boynton Beach. ☐I affirm that the tax documents provided in this application are identical to those I have submitted to the Internal Revenue Service. ☐I acknowledge that, funds are distributed by reimbursement only. if this grant is approved, any amount my agency receives may be considered taxable income by the Internal Revenue Service. ☐I acknowledge that, if this grant application is approved, the City of Boynton Beach and Representatives of HUD, the Inspector General, and the General Accounting Office shall have access to all books, accounts, records, reports, files, and other papers, or property pertaining to the administration, receipt and use of CDBG funds necessary to facilitate such reviews and audits, as applicable and described under 24 CFR § 570.490(c). ☐I acknowledge that, all records relating to the City of Boynton Beach CDBG Program, including supporting documentation, shall be retained for the greater of three years from closeout of the grant to the City, as applicable and described under 24 CFR § 570.490(d), unless there is litigation, claims, audit, negotiation, or other actions involving the records. The records must be retained until completion of the action and resolution of all issues. ☐I acknowledge that, if this grant application is approved, my name, my agency name, and my grant award amount may be made public by the City of Boynton Beach. ☐I acknowledge that, if this grant application is approved, my agency will be subject to Florida Sunshine Law, FL State Statute 119.0701 Print Full Name: Applicant Signature: Title: Date: 297 3 2.Name of Project: 3.Area or Location of Project: 4.First Contact Person: (Preferably Executive Director/President/CEO) Email Address: Mailing Address/Zip: Telephone: Fax:Additional Contact Second Contact Person: Alternate Email Address: Telephone: grant recipient may make subawards only to entities that have Unique Entity ID Number. Transparency Act (FFATA) Subaward and Executive Compensation Reporting issued on August 27, 2010, each prime Per 2CFR Chapter I Part 25 and the Office of Management and Budget guidance on Federal Funding Accountability and Provide copy of your IRS ruling providing tax exempt status under Section 501(c) (3) of the 1986 IRS Code. ☐No-For-profit Unique Entity ID # 2025 Funding Request To submit an application, complete A – I, Attachments 1-5 (if applicable) and any other items requested. Do not include any items that are not requested. Submit a Hard copy and a digital/electronic copy with all attachments to RJ Ramirez, Community Improvement Manager (ramirezr@bbfl.us) Community Improvement Division, 100 East Ocean Avenue, Boynton Beach, FL 3343 5 b y 5:0 0 pm , March 31, 2025. Please review the “CDBG Subrecipient Information and Guidelines” available at CDBG | City of Boynton Beach (boynton-beach.org) for the program reporting requirements, goals and timelines. For assistance, please call the Community Improvement Division at 561-742-6359. A.GENERAL INFORMATION 1.Name of Applicant: Print Full Name: 298 4 ☐Domestic Violence Prevention Educational Program 5.Grant Request Activity Area (choose one): Homeless Prevention Services ☐Public Safety/Crime Prevention ☐Senior Services ☐Other (please specify): 6.Amount of Funds Requested for Project: 7.Amount of Matching Funds for Project: Match Type: Cash Other Grants Donations Other Please Identify Source of Additional Funding: 8.CDBG COST: (a)Total CDBG Funds Requested (b)Total Unduplicated Units Served (Explain how determined?) (c)CDBG Average Cost Per Unit (a/b) TOTAL PROJECT COST INCLUDING OTHER SOURCE OF FUNDING: (a)Total Project (b)Total Unduplicated Units Served (Explain how determined?) (c)TOTAL Average Cost Per Unit (a/b) 299 5 9.Is this project: ☐A new service; or ☐A quantifiable increase in the level of an existing service which has been provided by the grantee on its behalf through State or local government funds in the 12 months preceding the submission of the grantee’s Consolidated Plan Annual Action Plan Has the applicant received or will receive other Federal, State or local government funds for the proposed project(s) for which the applicant is requesting CDBG funds? ☐Yes ☐No If Yes, what is the funding source? How much? 10.Could this project occur without these funds? ☐ Yes ☐ No 11.Will this project continue after CDBG funding ends? ☐ Yes ☐ No If Yes, describe how the applicant will guarantee the sustainability of the project/program after CDBG funds have been spent. 300 6 B.PROPOSED PROJECT EXECUTIVE SUMMARY: Please describe in detail the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they selected for program. 301 B.PROPOSED PROJECT EXECUTIVE SUMMARY: Please describe in detail the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they are selected for the program. The Legal Aid Society of Palm Beach County’s Fair Housing Project proposes to protect the fair housing rights of the low/moderate‐income residents in the City of Boynton Beach by ensuring that local housing practices comply with the Federal Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988, as well as local, more inclusive, fair housing ordinances. To achieve these important goals, the Fair Housing Project will continue to offer two types of core services: 1) education and outreach activities that include informing the general public and underserved populations of their rights under federal and local substantially equivalent fair housing laws and procedures for filing claims, and 2) fair housing enforcement activities that include conducting investigations to determine compliance with accessibility requirements and identifying and remedying discrimination in the real estate market. In addition, the Fair Housing Project will continue offering eviction prevention and defense services by educating, representing, and defending protected individuals. Specific deliverables include: fifteen (15) individuals will attend each of three (3) fair housing seminars and outreach events for a total of forty‐five (45) individuals, and sixteen (16) clients will be represented through enforcement/discrimination activities. The community outreach, education, advocacy and enforcement of housing laws proposed by the Legal Aid Society’s Fair Housing Project will ensure that no City of Boynton Beach resident is denied access to housing based on his or her race, color, religion, national origin, sex, disability, marital status, familial status, age, sexual orientation, and/or gender identity and expression. The City of Boynton Beach clearly recognizes the need to protect its most vulnerable residents from fair housing discrimination violations and to assist individuals with landlord‐tenant matters. In preparing this application for funding, the Legal Aid Society examined the most recent City of Boynton Beach FY2022‐2026 Consolidated Plan/FY 2022 Annual Action Plan, which describes two of the City’s priorities as being tied directly to fair housing activities currently being provided by Legal Aid’s Fair Housing Project: 1) the “Increased Public Services” priority that has the objective “to improve and expand public services that address…fair housing counseling and…tenant/landlord counseling…”, and 2) the “Fair Housing Services” priority that has the associated goals of, “fair housing counseling, fair housing education, fair housing enforcement and fair housing testing.” While the plan documents indicate that the City is in the process of updating its Analysis of Impediments, it nevertheless cited known fair housing impediments to be inadequate fair housing knowledge, lending disparities and a segregated housing market. The activities proposed by Legal Aid’s Fair Housing Project directly respond to these needs and to the City’s most recent plan of action to address its identified impediments to fair housing choice and include targeted outreach, education and enforcement activities that the Legal Aid Society’s Fair Housing Project has provided in the past: 6A 302 Fair housing outreach programs conducted at various public events throughout the City of Boynton Beach; Provision of enforcement and counseling services to persons who lodge housing discrimination complaints; Conducting of fair housing workshops to various citizens and professional groups throughout the City of Boynton Beach; Presentations targeting school children, attorneys, realtors, builders, community association boards and property managers regarding what fair housing is and their rights and obligations provided by fair housing laws; Representation for clients in discrimination and eviction cases; Anti‐predatory and fair lending education and support seminars for community based organizations, civic and faith‐based groups and condo/homeowner associations; and Housing counseling concerning affordable housing opportunities. Legal Aid’s Fair Housing Project will serve residents within the City of Boynton Beach’s target areas of Census Tract 57.01 and Census Tract 61. Fair Housing Project staff will conduct intakes through which information about the client is compiled and assessed and cases of alleged fair housing violations are investigated. All clients served with City of Boynton Beach CDBG funding will be residents of Boynton Beach and at least 51% will be low‐income according to federal guidelines. Preference will be given to individuals who are low‐income, victims of abuse, elderly, disabled, homeless, illiterate, or migrant farm workers. However, the merit of their case ultimately determines whether the client is served. All clients seeking services from the Legal Aid Society’s Fair Housing Project complete an application for services which captures client demographics, financial information, and brief details of their legal issues. A copy of the application for services is attached to this proposal. Clients will be asked to self‐certify their income through a client intake questionnaire. This information will be inputted into Legal Aid’s case management system, LegalServer, which automatically calculates the percentage of the Federal Poverty Guidelines as defined by the Department of Health and Human Services (HHS). If awarded funding, Legal Aid’s Fair Housing Project staff will submit all required reimbursement requests, progress reports and end of year reports as stipulated by the City of Boynton Beach in the executed agreement. 6B 303 7 C.STRATEGY: Check the ONE STRATEGY that best describes your project and provide number of units that will be served under this program. Check One Specific Objective Number of Units This Project Will Serve Educational Program (Specify) Households/Persons: (please specify which) ☐ Public Safety/Crime Prevention Households/Persons: (please specify which) ☐ Domestic Violence Prevention Households/Persons: (please specify which) ☐ Senior Services Elderly Households/Persons: (please specify which) ☐ Youth Programs Children/Youth: ☐ Housing Rehabilitation Number of units to be rehabilitated: ☐ Other (Specify) Households/Persons: (please specify which) 304 8 D.COMMUNITY NEED/JUSTIFICATION 1.How do you evaluate the overall effectiveness of the program? 2.How this activity/program relates to the overall organizational structure? 3.Be very specific how the CDBG funds are proposed to be used? 4.How CDBG funds will it impact your current operation? (Attach additional sheets if necessary) 305 B.PROPOSED PROJECT EXECUTIVE SUMMARY: Please describe in detail the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they are selected for the program. The Legal Aid Society of Palm Beach County’s Fair Housing Project proposes to protect the fair housing rights of the low/moderate‐income residents in the City of Boynton Beach by ensuring that local housing practices comply with the Federal Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988, as well as local, more inclusive, fair housing ordinances. To achieve these important goals, the Fair Housing Project will continue to offer two types of core services: 1) education and outreach activities that include informing the general public and underserved populations of their rights under federal and local substantially equivalent fair housing laws and procedures for filing claims, and 2) fair housing enforcement activities that include conducting investigations to determine compliance with accessibility requirements and identifying and remedying discrimination in the real estate market. In addition, the Fair Housing Project will continue offering eviction prevention and defense services by educating, representing, and defending protected individuals. Specific deliverables include: fifteen (15) individuals will attend each of three (3) fair housing seminars and outreach events for a total of forty‐five (45) individuals, and sixteen (16) clients will be represented through enforcement/discrimination activities. The community outreach, education, advocacy and enforcement of housing laws proposed by the Legal Aid Society’s Fair Housing Project will ensure that no City of Boynton Beach resident is denied access to housing based on his or her race, color, religion, national origin, sex, disability, marital status, familial status, age, sexual orientation, and/or gender identity and expression. The City of Boynton Beach clearly recognizes the need to protect its most vulnerable residents from fair housing discrimination violations and to assist individuals with landlord‐tenant matters. In preparing this application for funding, the Legal Aid Society examined the most recent City of Boynton Beach FY2022‐2026 Consolidated Plan/FY 2022 Annual Action Plan, which describes two of the City’s priorities as being tied directly to fair housing activities currently being provided by Legal Aid’s Fair Housing Project: 1) the “Increased Public Services” priority that has the objective “to improve and expand public services that address…fair housing counseling and…tenant/landlord counseling…”, and 2) the “Fair Housing Services” priority that has the associated goals of, “fair housing counseling, fair housing education, fair housing enforcement and fair housing testing.” While the plan documents indicate that the City is in the process of updating its Analysis of Impediments, it nevertheless cited known fair housing impediments to be inadequate fair housing knowledge, lending disparities and a segregated housing market. The activities proposed by Legal Aid’s Fair Housing Project directly respond to these needs and to the City’s most recent plan of action to address its identified impediments to fair housing choice and include targeted outreach, education and enforcement activities that the Legal Aid Society’s Fair Housing Project has provided in the past: 8A 306 Fair housing outreach programs conducted at various public events throughout the City of Boynton Beach; Provision of enforcement and counseling services to persons who lodge housing discrimination complaints; Conducting of fair housing workshops to various citizens and professional groups throughout the City of Boynton Beach; Presentations targeting school children, attorneys, realtors, builders, community association boards and property managers regarding what fair housing is and their rights and obligations provided by fair housing laws; Representation for clients in discrimination and eviction cases; Anti‐predatory and fair lending education and support seminars for community based organizations, civic and faith‐based groups and condo/homeowner associations; and Housing counseling concerning affordable housing opportunities. Legal Aid’s Fair Housing Project will serve residents within the City of Boynton Beach’s target areas of Census Tract 57.01 and Census Tract 61. Fair Housing Project staff will conduct intakes through which information about the client is compiled and assessed and cases of alleged fair housing violations are investigated. All clients served with City of Boynton Beach CDBG funding will be residents of Boynton Beach and at least 51% will be low‐income according to federal guidelines. Preference will be given to individuals who are low‐income, victims of abuse, elderly, disabled, homeless, illiterate, or migrant farm workers. However, the merit of their case ultimately determines whether the client is served. All clients seeking services from the Legal Aid Society’s Fair Housing Project complete an application for services which captures client demographics, financial information, and brief details of their legal issues. A copy of the application for services is attached to this proposal. Clients will be asked to self‐certify their income through a client intake questionnaire. This information will be inputted into Legal Aid’s case management system, LegalServer, which automatically calculates the percentage of the Federal Poverty Guidelines as defined by the Department of Health and Human Services (HHS). If awarded funding, Legal Aid’s Fair Housing Project staff will submit all required reimbursement requests, progress reports and end of year reports as stipulated by the City of Boynton Beach in the executed agreement. 8B 307 9 E.LOCATION, TARGET POPULATION AND INCOME CERTIFICATION 1.Where will the program take place and is it within the City of Boynton Beach Municipal Boundaries? 2.Are you working with other organizations in a cooperative effort on the program? ☐Yes ☐No If yes, please list the other organizations and their role and responsibilities. (Attach additional sheets if necessary) 308 10 3.The City’s CDBG funds must directly benefit low-and-moderate-income individuals (80% Area Median Income (AMI) or below). The City’s CDBG program requires non-profit organizations to income certify individuals seeking assistance through activities/programs funded with the CDBG funds. Has the organization done income certification of individuals seeking assistance in the past? ☐ Yes ☐ No If yes, please explain the process the organization uses to income certify Individuals? What type documentation is collected? Please attach with your application, a copy of the form your organization uses to income certify individuals. 309 11 4.Does the organization charges fees to its clients? ☐ Yes ☐ No 5.Will program Income be generated from this activity? ☐ Yes ☐ No If yes explain how will the program income be used? F.Goals/Objectives/Activity Measures: Descriptive narrative. Please use separate Goal Sheet for each individual project (if applicable). Project/Program Title: Goal # 1: Objective: Resources Needed & Available: Start Date & Duration: Goal # 2: Objective: Resources Needed & Available: Start Date & Duration: 310 12 G.PROJECT BUDGET Please list organization’s anticipated expenditures, detailing requested funds and additional funding. Please place C=Cash, I=In-Kind, O=Other Grants, D=Donations beside each amount under “Other Project Funds” to denote the type of funds being used. If funding request is for multiple programs, please provide a separate PROJECT BUDGET for each activity/ program Line Item CDBG Funds Requested Other Project Funds Total Project Budget ADMINISTRATION: Personnel (#) Payroll Taxes Employee Benefits Office Supplies Copy Supplies Professional Services fee Other (explain) Other (explain) Other (explain) Other (explain) Other (explain) PROGRAM: Other (explain) Other (explain) Other (explain) TOTALS Notes: 311 13 H.ORGANIZATION CAPACITY (Provide a detail description of each) 1.Is the organization adequately staffed and trained? 2.Please explain the organization’s experience with the proposed project? 3.Staffing Capacity: Who works on the project directly and indirectly? 4.Does the organization have written policies and procedures? How often does the policies and procedures get update? 5.Provide a brief list of the topics covered in the organization’s policies and procedures. Please submit a copy of the policies and procedures with the application (Attach additional sheets if necessary) 312 H.ORGANIZATION CAPACITY (Provide a detail description of each) 1.Is the organization adequately staffed and trained? 2.Please explain the organization’s experience with the proposed project? 3.Staffing Capacity: Who works on the project directly and indirectly? 4.Does the organization have written policies and procedures? How often does the policies and procedures get update? 5.Provide a brief list of the topics covered in the organization’s policies and procedures. Please submit a copy of the policies and procedures with the application (Attach additional sheets if necessary) The Legal Aid Society of Palm Beach County, Inc., a nonprofit charitable law firm, was chartered in 1949 and has been recognized by the IRS as a 501(c)(3) non‐profit corporation since 1970. Through its mission of providing high quality civil legal advice, representation and education to disadvantaged persons in Palm Beach County, Legal Aid presently operates 21 projects, employs a staff over 153 and manages a budget of $16.6 million. Legal Aid positively impacts the lives of more than 8,000 clients and their families each year by protecting their personal safety, improving their opportunities and living conditions, and promoting self‐sufficiency. The Legal Aid Society recognizes the vital importance of ongoing training and education for all of its staff members and is committed to ensuring that staff, law clerks and volunteers receive appropriate training that will enhance their ability to serve clients in the most effective manner possible. All program staff will be provided with housing and other related legal training and will regularly participate in regional and national trainings throughout the year. Project attorneys will also complete CLE trainings as part of their ongoing professional development. The Fair Housing Project contributes directly to the Legal Aid Society’s overall mission of improving a family’s opportunities and living conditions by providing high quality civil legal services free of charge that address local discriminatory housing practices through enforcing compliance with the Federal Fair Housing Act and equivalent state and local fair housing laws. These activities are specifically targeted to protected individuals in order to heighten awareness of their housing‐related civil legal rights, to enhance their capacity to stand up for their rights, and to increase the likelihood that they will seek justice when those rights are violated. This includes information and education as to their legal options and procedures for filing claims in cases where they believe that their rights have been violated. This knowledge will permit individuals to exercise their rights under the law and have access to safe, equitable, affordable housing. In addition, Fair Housing Project staff will provide legal representation for individuals and families facing foreclosure. The purpose of the representation is to save the individual or family home and to have the mortgage loan reduced to a reasonably affordable amount. Legal Aid’s Fair Housing Project was established in October 1999 through a Community Development Block Grant awarded by Palm Beach County to provide education, outreach and enforcement services to all areas of the County. Over the past 26 years, the Fair Housing Project has provided fair housing training to over 9,800 individuals and has investigated 2,495 fair housing complaints, including testing for discriminatory practices. Through the Fair Housing Project’s 13A 313 participation in community fairs and expos, over 72,000 individuals have received educational information, brochures and booklets explaining their rights under the Fair Housing Act, how to exercise these rights, and where to tum if they feel their fair housing rights have been violated. The Fair Housing Project has litigated lawsuits in federal and state court against municipalities, mobile home parks, landlords, public housing authorities, and condominium and homeowners associations. In the past six years, the Legal Aid Society's Fair Housing Project has successfully litigated discrimination cases resulting in close to $1 million in settlements for its clients. Based on our mission and experience in providing civil legal services to very low‐income persons, Legal Aid has the ability to pursue timely remedies for individual clients. The Legal Aid Society’s Fair Housing Project has significant experience in outreach methods and activities designed to make people aware of their civil rights and to advise and/or represent them to protect those rights. Fair Housing Project staff employ a variety of training methods in order to effectively disseminate information to the community, including workshops, symposiums, one‐on‐ one consultations, online materials, an active presence on social media platforms such as Facebook, Instagram and Twitter, a YouTube channel, webinars, electronic newsletters, videos, brochure distribution, public service announcements and newspaper advertising. For 23 years, staff have forged close relationships with community service providers, businesses, municipalities, homeowner associations, realtors, banks and landlords to provide trainings on fair housing law and the promotion of equal access to fair housing choice for all. Through its excellent administration of numerous and concurrent HUD and CDBG grants over the past 25 years, Legal Aid has demonstrated its proven capability to manage, operate and maintain activities, performance requirements and timetables for multiple grants. With its dedicated and experienced staff and committed partners in the community, Legal Aid’s Fair Housing Project will successfully carry out its proposed activities, ensuring that the rights of individuals in the City of Boynton Beach are protected as guaranteed under the Fair Housing Act. Requested Community Development Block Grant funds from the City of Boynton Beach will be used to pay for a portion of an attorney’s salary and related project expenses (i.e., limited travel to investigate fair housing allegations, informational materials, etc.). The CDBG‐funded attorney will provide services in support of the proposed eligible activities only. The attorney will organize and conduct fair housing workshops and legal presentations for the general public and for social service providers and representatives from the banking and realty sectors. The attorney will also represent victims of unlawful discrimination in cases regarding the provision of housing services in state/federal courts, and before administrative agencies in affirmative action and counterclaims for damages and injunctive relief. Accordingly, he/she will file administrative discrimination complaints with HUD, the Palm Beach County Office of Equal Opportunity, and other appropriate agencies. The attorney will also represent clients in foreclosure and tenants whose landlord is in foreclosure. The attorney will work with community partners to facilitate referrals, to identify additional resources for fair housing clients, and to arrange cross‐training sessions and community outreach 13B 314 and education activities. In addition, he/she will actively recruit other experienced attorneys to accept pro bono referrals of housing discrimination complaints and foreclosure cases, as there is currently an overwhelming demand for these legal services. Without legal assistance, many low‐ income, disadvantaged individuals and families in the Boynton Beach CDBG target area will likely end up homeless or living in substandard housing. The Legal Aid Society maintains policies and procedures manuals including an employee manual, financial policies and procedures, administrative policies and procedures and a disaster preparedness and business continuity plan. These are updated as needed and reviewed annually. Legal Aid also uses its annual accreditation process to ensure that its policies and procedures are legally compliant and that its rules, standards, values, culture, and benefits are clearly outlined. Since 2007 Legal Aid has been certified by Nonprofits First of Palm Beach County for sound nonprofit management, a designation that is quickly becoming a requisite standard for funding agencies in Palm Beach County. In 2012 Legal Aid applied for and was awarded gold status, the highest level of certification offered by Nonprofits First, and has been recertified at this same level each year since. The annual accreditation process includes an in‐depth review of Legal Aid’s board governance policies, strategic planning processes, risk management procedures, fundraising strategies, human resources policies and financial management systems to ensure that Legal Aid is implementing best practices for sound nonprofit management and continually striving to achieve maximum efficiency while providing the highest quality level of service to our clients. 13C 315 14 APPLICANT CAPACITY (cont.) 6.Will all CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding? 7.Is the organization’s financial management system able to track actual expenditures and outlays with budgeted amounts for each grant? 8.Does the organization have effective internal controls in place to ensure that federal funds are used solely for authorized purposes? Provide a brief description of the applicant’s internal controls that will provide reasonable assurance that the award funds will be managed properly. 9.Does the organization have a documented records retention policy? If so, briefly describe the policy and confirm that the policy complies with federal regulations. Information on Records Retention and Access can be found at 2 C.F.R § 200.333- 200-337. (Attach additional sheets if necessary) 316 APPLICANT CAPACITY (cont.) 6.Will all CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding? Provide a brief description of the organization’s policies and procedures that ensure funds will be tracked appropriately. 7.Is the organization’s financial management system able to track actual expenditures and outlays with budgeted amounts for each grant or subgrant? Provide a brief summary of the organization’s process for tracking expenditures, including tracking budgeted versus actual amounts. 8.Does the organization have effective internal controls in place to ensure that federal funds are used solely for authorized purposes? Provide a brief description of the applicant’s internal controls that will provide reasonable assurance that the award funds will be managed properly. 9.Does the organization have a documented records retention policy? If so, briefly describe the policy and confirm that the policy complies with federal regulations. Information on Records Retention and Access can be found at 2 C.F.R § 200.333‐ 200‐337. (Attach additional sheets if necessary) The Legal Aid Society is a fiscally sound agency that has a long and successful history of administering federal, state and local government grants, as well as grants from private foundations and charitable organizations such as local United Ways. Legal Aid’s financial statements are prepared monthly and separate sources of revenue through General Ledger classification specific to each program, maintaining distinction between all other sources of revenue/funding. The monthly financials further break down income and expenses by program to follow revenue and disbursements. The financial statements are presented monthly to the Board of Directors for their review and approval. The Legal Aid Society’s Finance Department is overseen and supervised by the Director of Finance and Administration and is comprised of a Chief Financial Officer, one Comptroller, one Senior Accountant, two Accountants, and one Financial Assistant. Finance personnel are responsible for all grants billing and fiscal administration, including payments to third parties, contractors and service providers. Internal control procedures dictate the segregation of duties between finance department personnel, and all procedures are outlined in the agency’s Financial Accounting Policies and Procedures Manual. The Legal Aid Society uses U.S GAAP accrual basis of accounting and utilizes Abila MIP Fund Accounting 2025 to record all transactions including revenues, expenses, fixed assets, accounts payable/receivable, accrued and prepaid expenses. Expenses are allocated and coded to grants on MIP Fund Accounting using program code, funding code, and other code features. Grant coding is recorded in accordance with individual grant contract line item budgets. Expenses are allocated to the programs according to the cost allocation method. Legal Aid’s procurement, purchasing and expenditures policies follow adequate accounting and internal control procedures and are outlined in the financial policies manual. The Director of Finance 14A 317 and Administration, Chief Financial Officer, or the Executive Director reviews and authorizes all requests for supplies, program materials and services outside of those cited in the established Blanket Invoice Approval. Contracts for work or services over $2,000 require a written estimate that must be provided prior to work being done or service performed, and contracts over $10,000 are required to have written estimates from three (3) separate vendors that are reviewed and authorized prior to the selection of the vendor and require Board approval. Legal Aid maintains financial records to account for the receipt, obligation and expenditure of all funds, and assures all other internal controls are in place, including but not limited to: proper inventory control of blank and voided checks; effective control over and accountability for capital property; monthly bank reconciliations; surprise counts and audits of petty cash funds; and following strict authorized check signing protocol. The Legal Aid Society is audited annually by Holyfield and Thomas, LLP, Certified Public Accounting and Advisers firm, who ensure Legal Aid’s compliance with the Federal Single Audit Act and OMB Circular A‐133. A copy of the audited financial statements and Legal Aid’s management letter are sent to each granting agency once the yearly audit is complete. In addition, any recommendations and findings made by the independent auditing firm are incorporated into Legal Aid’s Financial Accounting Policies and Procedures Manual. Legal Aid’s procurement, purchasing and expenditures policies follow adequate accounting and internal control procedures and are outlined in detail in its Financial Policies Manual. The following is Legal Aid’s record retention policy that complies with federal regulations as outlined in its Policies and Procedures Manual (last revised June 2024). Record Years (Legal Requirement) Years (Strongly Recommended) Hiring Records (Keep EEO information separate) Job applications, resumes, records relating to refusal to hire, advertisement about openings, promotions or training opportunities 1 year Federal contractors should keep these records for at least 2 years 5 years Basic Employee Information (Keep I‐9s separate) I‐9 for all, work permits for minors Background checks, harassment investigations 3 years after hire or 1 year after termination, whichever is later 5 years As long as possible Payroll Records Name, address, SSN, DOB, job classification, occupation, daily schedules, pay rate, weekly pay, amounts and dates of payments, daily and weekly hours, overtime hours and pay, annuity/pension payments, benefits, 4 years As long as possible 14B 318 deductions/add Employment Actions Hires, separations, rehires, promotions, demotions, transfers, layoffs, recalls, training, employment test results 1 year from date of action Maintain all records of current employees, and for 3 years after termination Health, medical, safety data (keep in separate, locked file cabinet) Varies Job related illnesses and injuries 5 years 5 years at a minimum Requests for accommodation of disability 1 year 5 years at a minimum FMLA 3 years 5 years at a minimum Client case files 7 years 7 years 14C 319 15 I.Conflict of Interest Federal law (24 CFR 570.611) prohibits persons who exercise or who have exercised any functions or responsibilities with respect to the above grant…or who are in a position to participate in a decision making process or to gain inside information with regard to such activities, ma y obtain a financial interest or benefit from an assisted activity…either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 1. Is there any member of the applicant’s staff, member of the applicant’s Board of Directors, or office who currently is or has/have been within one year of the date of this application a City employee, or a member of the City Commission? ☐Yes ☐ No If yes, please list names: 2. Is there any member of the applicant’s staff, member(s) of the Board of Directors, or officer(s) who are business partners or immediate family of a City employee, or a member of the City Commission? ☐Yes ☐ No If yes, please list names: 3. Will the funds requested by the applicant be used to pay the salaries of any of the applicant’s staff or award a subcontract to any individual who is or has been within one year of the date of this application a City employee, or a member of the City Commission? ☐Yes ☐ No If yes, please list names: 320 16 REPAYMENT: Funding from this grant program is subject to federal, state and local audit. If a determination is made that these grant funds were used in a manner inconsistent with program guidelines, for an ineligible expense or for expenses reimbursed by another federal, state or local grant/loan program then the awarded entity will reimburse the City of Boynton Beach these funds. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the CDBG grant program, the application, and City’s procurement process, if applicable. NOTICE TO THIRD PARTIES: The CDBG grant application program does not create any rights for any parties, including parties that performed work on the activity/program. Nor shall issuance of a CDBG grant result in any obligation on the part of the City of Boynton Beach to any third party. The applicant certifies to the best of his/her knowledge and belief that the data in this application is true and correct and that the filing of the application has been duly authorized by the governing body of the applicant (if applicable) and that the applicant will comply with all the requirements of this grant if the application is approved. Name: Signature: Title: Date: Name: Signature: Title: Date: 321 1 I,1 Department of the Treasury District DirEctor lllt a ^ .DArE, ir,: i0Fs LEGAL AID SOCIETY OF PALM BEACH COUNTY INC 423 F€RN ST STE 2OO WE$T PALH BEACH, FL 55401 Internal Revenue Servi.ce 4Ol W. Paachtrea St., Nt^l Room 1109 - $top 52O-D Atlanta, GA 30365 Data of Inquiry: a6/ 27 / e5 PErson to Contact: Kim Artis Telaphone Numbcr: 4CI4 331-4957 EIN: 59-6046994 Dear Taxpayer: This is in response to your nequest for confirmation of your exemption from Federal income tax. Our records indicato your organization was granted exemption from Federal income tax under section SOi.(c)(3) of the Internal Revenue Code by our letter dat,ed May 1969, You were further determined not to be a private foundation ulit,hin the meaning of section 5O9(a) of the Cade because you ars an organization described in section 5O9(a)(2). Contributions to you are deductible as provided in section L7A of the Code. The tax exempt sLatus recognized by our letter referred to above is curr ently in effect and will remain in effect until terminat,ed, modif ied or revoked by the Internal^ Revenue Service" Any change in your purposes, character, or method of operation must be reported to us so we may con$ider the effect of the change on your exempt status. You must also report any change in yCIur name and addres6. Thank you for your coCIpsration. Exempt Organizatians Coo rdi na to r TPA44Ol t r 322 Address any reply to: P; O; Box 73?, Atlanta, Gcorgla 5O5Ol 275 Peachtree St. NE., Atlanta, Ga. 30303 i4. ef the DfistrEet EEreetor lnternal Revenue Service Date: I In reply refer to: Jltl 2 6 1971 I Utr-1-3:RAlr Legal .[id Soclety of Pa]-m Beach County, Inc. 506 ctttzens Bulldlng lfest PaLn Beach, Florlda Rnlnse: ftraritable Accountlng Pertodt sndlrngt Dec' 31 Based on lnfomatlon sulrplLecL, ancl assrnlng ltour operatlons vrLr be as stated ln your exempblon appllcatfon, re harre-geb"qqrJted that you are e*crpt frcrn feAerallncme iar rmaen eeetlon 501(e)(5) of the Internal Revelrue Code. Any change ln yorrr Inr4toEesr ctnracter, or oethoit of operatlon nuet be reported to us so ve may conslcter the effect of the elrenge on your exenfi gtatus. You must a-1so relnrt any change {n l1our name and. addregg. Penc[1ng ts$:ance of regUlat!.ons und.er sectton 509 of the Code, Ye Ere unable to malre a d.etemlnobton ag to rhether trou ere a prltrate fotnds- tlon aE deftned !n that seetlon, qpoar lEsuanee of the regulatloRs ve ut1l eyaLuate yorrr appllcatlon, nake a detemlnatlon as to your statuB nnder scctlon 509 of tbe Coctc, and notlfy lrou of our deeLgton. ff upon lEsuance of the regu1atlons re dLetemlne that tr'ou ajre a prtvate foundatlonr you rlIL be requlred. to cmply vlth the provislons of sectJ.on 5O8(e), ntrleh slnctflea the$ a prlvafe founclstlon tg not exempt unleEs tts governlng tnstneeN$ lnclucles certaln lrorrlslons set forth ln that sectlon and. the regulatlons thereunder. Fatlure to emply wtth the requlreaente of sectton 508(e) vill reeult ln retroaetlrro revocatton of thls dletetmlnatlon. For years begtnnlng prlor to Jantrary 1, 1970, you are requlred to flle the annual lnfomatton return, Fo:m 990-A; For each suboequent Jrcsrr Blea,se refer to the tnstnretlons accmllanylng the Fom 990 for thet partieular ]rear to cletelrnlne whether you trre regulred. to ftle. If ffllng ls requlrdr $ou nust ftle the Fora 990 by 166 15th ilqy of the flfth month after the end of your anrrus,l accountlng perlod, 171.A 323 -4 2- Legal .[id SocLety of Pa]-n Boach Countyt Inc': You are not requlred to fll-e Fecleral lncoe tarC retUrns unless you are subJect to the ta:c on unrelated buslnese lncoe under sectlon 511 of the cocle. If you are subJect to thls talc, you must f1le an lncoate ta:C return on Fo::m ggo-T-; In thle Letten ne are not cletsmrnftg rftether any of your present or proPgled_actlvlttcs are an unrelated trade or buslness as hefined ln sectlon 513 of the Code. You are not }1able for Fecleral Unenplolment taxes. You are llable for Soctal Seority Ta;es onJ.y lf trrou harre f11ed nalven of exapblon certi- ffcates as po;taed fu th; fealnal Insurance Contrtbutlons Aet' Contrlbuttons mad.e to you are clectuctlble by ctonors as provlcledt ln sectlon 1?0 of the Cocle, Bequlsts, legactes, devloes, transfers or glfts to you or for your use are deduetible for Fedteral estate and Sfb tarc Prrposes under tlre provlslons of sectlon 20551 2106, ancl 2522 of the Code. Every exempt organlzatlon ts requlrecl to have an F.nployer Icl'entlflcatton $1gb;r, regardlese of vhethen lt has any enployeee. ThLs nnmben shoul"cl' te entlred ln the destgnetecl. eprace on all Federal returns vtttch shoulc! be fltect 17lth the Mtd-AtLantlc Senvlce Center ln PhlJ.adephta, Pennsylvanfa, and referred. to on all correspondsnce vhich shou-ld be acldressed to the DtstrLct Dlrector ln Atlanta, Georgia. If you clo not have such a ntmbert ogr $ervlce Centen rlIL asslgn one to 1lou ln the near future and notlfy you of the ntmber aeslgned. Thls ls a cleteminatlon letter, Slncerely Jtourar CC A*, A; C"; Ross Dlstrlct Dlreetor CC: Robert 0. Rogers 324 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. BOARD OF DIRECTORS FISCAL YEAR 2024—2025 President – Lawrence Rochefort, Esq. First Vice President – Scott Murray, Esq. Second Vice President – Grier Pressly, Esq. Secretary – Rebecca Mercier Vargas, Esq. Treasurer – Jerald Beer, Esq. Director at Large – Robert Friedman, Esq. Immediate Past President – Michelle Suskauer, Esq. Board of Trustees Chairperson – Robert M.W. Shalhoub, Esq. David Ackerman, Esq. ✦ Claire Arnold ✦ F. Greg Barnhart, Esq. Jeffrey Devore, Esq. ✦ Garry Glickman, Esq. ✦ Jane Kreusler-Walsh, Esq. Richard Lubin, Esq. ✦ Rafael J. Roca, Esq. ✦ Gary Woodfield, Esq. Leslie Artsis Adams Morgan Stanley Smith Barney 777 S. Flagler Drive, Suite 900 West Palm Beach, FL 33401 Phone: (561) 838-8900 ✦ Fax: (561) 838-8970 Email: leslie.adams@morganstanley.com Daniel Armas, Esq. Florida Power & Light Company 700 Universe Boulevard Juno Beach, FL 33408 Phone: (561) 691-7207 ✦ Fax: (561) 691-7103 Email: daniel.armas@fpl.com Nelson E. Báez, Esq. Smith, Ball & Báez Injury Lawyers 4440 PGA Blvd., Suite 500 Palm Beach Gardens, FL 33410 Phone: (561) 675-0840 Email: nbaez@smithball.com Abigail Beebe, Esq. Beebe Law, LLP 303 Banyan Blvd Ste 302 West Palm Beach, FL 33401 Phone: (561) 370-3691 Email: abigail@beebefamilylaw.com Jerald S. Beer, Esq. Jerald Beer Consulting PLLC Email: jbeer@beerlawfl.com Richard M. Benrubi, Esq. Benrubi Law 1401 Forum Way, Suite 600 West Palm Beach, FL 33401 Phone: (561) 478-2500 Email: rbenrubi@benrubilaw.com Bridget Berry, Esq. Greenberg Traurig, P.A. 777 South Flagler Drive, Suite 300 E West Palm Beach, FL 33401 Phone: (561) 650-7912 ✦ Fax: (561) 655-6222 Email: berryb@gtlaw.com Robin Bresky, Esq. Schwartz Sladkus Reich Greenberg Atlas 2424 N Federal Hwy Ste 456 Boca Raton, Florida 33431 Phone: (561) 769-5600✦ Fax: (561) 769-5660 Email: rbresky@ssrga.com Carla Tharp Brown Palm Beach County Bar Association PO Box 17726 West Palm Beach, FL 33416 Phone: (561) 687-2800 ✦ Fax: (561) 687-9007 Email: ctbrown@palmbeachbar.org Alan M. Burger, Esq. McDonald Hopkins LLC 501 S Flagler Drive, Ste 200 West Palm Beach, FL 33401 Phone: (561) 472-2121 Email: aburger@mcdonaldhopkins.com Howard D. DuBosar, Esq. Weiss Serota Helfman Cole + Bierman 2255 Glades Rd Ste 200E Boca Raton, FL 33431 Phone: (561) 835-2111 ✦ Fax: (561) 544-8988 Email: HDuBosar@wsh-law.com 325 Karis Engle, M.S. The Glades Initiative, Inc. 141 S.E. Avenue C Belle Glade, FL 33430 Phone: (561) 996-3310 ✦ Fax: (561) 996-3349 Email: kengle@gladesinitiative.org Dwinette J. Feemster, Esq. Carrier Corporation 13995 Pasteur Blvd. Palm Beach Gardens, FL 33418 Phone: (561) 365-1141 ✦ Fax: (860) 660-0116 Email: Dwinette.J.Feemster@carrier.com Robert H. Friedman, Esq. Friedman P.A. 340 Royal Poinciana Way, Suite 317-202 Palm Beach, FL 33480 Phone: (561) 800-2110 Email: rob@friedmanpa.com Jack P. Hill, Esq. Searcy Denney Scarola Barnhart & Shipley, PA 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 Phone: (561) 686-6300 ✦ Fax: (561) 383-9424 Email: jph@searcylaw.com Lauren Johnson, Esq. Rabin Kammerer Johnson 1601 Forum Pl Ste 201 West Palm Beach, FL 33401 Phone: (561) 659-7878 Email: ljohnson@rkjlawgroup.com Nicholas Johnson, Esq. Osborne & Francis 707 N Flagler Drive West Palm Beach, FL 33401 Phone: (561) 485-4166 Email: njohnson@realtoughlawyers.com Wilnar Julmiste, Esq. Julmiste Legal 5301 N Federal Hwy, Suite 110 Boca Raton, FL 33487-4914 Phone: (561) 210-0234✦ Fax: (561) 210-0222 Email: wjulmiste@julmistelegal.com Tama B. Kudman, Esq. Kudman Trachten Aloe Posner LLP. 7108 Fairway Dr Ste 130 Palm Beach Gardens, FL 33418 Phone: (561) 472-0811 Email: tkudman@kudmanlaw.com Andrew S. Kwan, Esq. Pankauski Lazarus, PLLC 415 S. Olive Ave West Palm Beach, FL 33401 Phone: (561) 514-0900 Email: andrew@phflorida.com Nancy Albano Lambrecht Email: Lambrecht143@aol.com Gary S. Lesser, Esq. Lesser, Lesser, Landy & Smith, PLLC 420 Columbia Drive, Ste 110 West Palm Beach, FL 33409 Phone: (561) 655-2028 Email: glesser@lesserlawfirm.com Ellen M. Leibovitch, Esq. Assouline & Berlowe, P.A. 2385 NW Executive Center Dr Ste 100 Boca Raton, FL 33431-8510 Phone: (561) 361-6566 ✦ Fax: (561) 361-6466 Email: eml@assoulineberlowe.com Daniel Lustig, Esq. Pike & Lustig, LLP 1209 N. Olive Avenue West Palm Beach, FL 33401 Phone: (561) 855-7585 ✦ Fax: (561) 855-7710 Email: Daniel@bigfirmalternative.com Scott C. Murray, Esq. Murray & Guari, P.L. 1525 North Flagler Drive West Palm Beach, FL 33401 Phone: (561) 366-9099 ✦ Fax: (561) 366-9098 Email: smurray@murrayguari.com James Grier Pressly III, Esq. Pressly, Pressly, Randolph & Pressly, P.A. Plaza Center 251 Royal Palm Way, Suite 300 Palm Beach, FL 33480 Phone: (561) 659-4040 ✦ Fax: (561) 655-6006 Email: grier@pprplaw.com 326 Heather Ries, Esq. Fox Rothschild LLP 777 South Flagler Drive Suite 1700 West Tower West Palm Beach, FL 33401 Phone: (561) 804-4419 ✦ (561) 835-9602 Email: HRies@foxrothschild.com Lawrence P. Rochefort, Esq. Akerman LLP 777 South Flagler Drive Suite 1100 West Tower West Palm Beach, FL 33401 Phone: (561) 671-3603 ✦ Fax: (561) 659-6313 Email: lrochefort@akerman.com Peter A. Sachs, Esq. Jones Foster Flagler Center Tower 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 Phone: (561) 650-0476 ✦ Fax: (561) 650-5300 Email: psachs@jonesfoster.com Matthew Sackel, Esq. Shutts & Bowen, LLP 525 Okeechobee Blvd, Suite 1100 West Palm Beach, FL 33401 Phone: (561) 650-8545 ✦ Fax: (561) 822-5503 Email: msackel@shutts.com Robert M. W. Shalhoub, Esq. Robert M. W. Shalhoub, P.A. 1011 North Olive Avenue West Palm Beach, FL 33401 Phone: (561) 835-1102 ✦ Fax: (561) 835-1777 Email: bob@robertmshalhoub.com Michelle R. Suskauer, Esq. Dimond Kaplan & Rothstein, P.A. 515 N Flagler Drive Ste P300 West Palm Beach, FL 33401-4326 Phone: (561) 671-1920 ✦ Fax: (561) 671-1951 Email: michelle@dkrpa.com John Terwilleger, Esq. Gunster 777 S Flagler Dr Ste 500E West Palm Beach, FL 33401-6121 Phone: (561) 650-0622 ✦ Fax: 561-655-5677 Email: jterwilleger@gunster.com Rebecca Mercier Vargas, Esq. Kreusler-Walsh, Vargas and Serafin, P.A. 4400 Northcorp Parkway, Suite 115 Palm Beach Gardens, Florida 33410 Phone: (561) 659-5455 ✦ Fax: (561) 820-8762 Email: rvargas@kwvsaapeals.com Matthew Zimmerman, Esq. Holland & Knight LLP 777 South Flagler Drive Suite 1900, West Tower West Palm Beach, Florida 33401 Phone: (561) 650-8331 ✦ Fax: (561) 650.8399 Email: matthew.zimmerman@hklaw.com Board of Trustees David P. Ackerman, Esq. Akerman LLP 777 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 Phone: (561) 273-5567 ✦ Fax: (561) 651-1555 Email: david.ackerman@akerman.com Miriam Acosta Castriz, Esq. Acosta & Fraga Law PLLC 530 N Federal Hwy Lake Worth, FL 33460 Phone: (561) 582-1888 ✦ Fax: (561) 625-1107 Email: AFLAW@Immigrationwpb.com Claire Arnold Email: carnold246@aol.com F. Gregory Barnhart, Esq. Searcy Denney Scarola Barnhart & Shipley 2139 Palm Beach Lakes Blvd. P.O. Drawer 3626 (33402) West Palm Beach, FL 33409 Phone: (561) 686-6300 ✦ Fax: (561) 684-5707 Email: fgb@searcylaw.com 327 Jeffrey A. Devore, Esq. Devore Law Group, P.A. 4100 RCA Boulevard, Suite 110 Palm Beach Gardens, FL 33410 Phone: (561) 478-5353 ✦ Fax: (561) 478-2144 Toll Free (800) 840-0053 Email: jdevore@devorelawgroup.com Mariano Garcia, Esq. Searcy Denney 2139 Palm Beach Lakes Blvd West Palm Beach, FL 33409 Phone: (561) 686-6300 ✦ Fax: (561) 383-9463 Email: MXG@SearcyLaw.com Garry Glickman, Esq. 1601 Forum Place, Suite 1101 West Palm Beach, FL 33401 Phone: (561) 478-1111 ✦ Fax: (561) 478-2433 Email: gglickman@gwmlawyers.com Hampton Keen, Esq. Keen Law Group 500 S Australian Ave Ste 529 West Palm Beach, FL 33401-6223 Phone: (561) 331-6515 ✦ Fax: (561) 801-7738 Email: hkeen@keenlawgroup.com Jane Kreusler-Walsh, Esq. Kreusler-Walsh, Vargas and Serafin, P.A. 501 South Flagler Drive, Suite 503 West Palm Beach, FL 33401 Phone: (561) 659-5455 ✦ Fax: (561) 820-8762 Email: janewalsh@kwvsappeals.com Richard Lubin, Esq. Email: rich@lubinlaw.com Rafael J. Roca, Esq. Law Offices of Craig Goldenfarb, P.A. 1800 South Australian Ave, Suite 400 West Palm Beach, FL 33409 Phone: (561) 697-4400 Email: rroca@800goldlaw.com Grasford W. Smith, Esq. Akerman LLP 777 South Flagler Drive, Suite 1100 West Tower West Palm Beach, FL 33401 Phone: (561) 671-3617 Email: grasford.smith@akerman.com Gary Woodfield, Esq. Nason Yeager Gerson Harris & Fumero, P.A 3001 PGA Boulevard Palm Beach Gardens, FL 33410 Phone: (561) 686-3307 ✦ Fax: (561) 686-5442 Email: gwoodfield@nasonyeager.com (Last update 3/27/25) 328 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. REPORT ON AUDIT OF FINANCIAL STATEMENTS For the Year Ended September 30, 2024 (with comparable totals for 2023) 329 TABLE OF CONTENTS PAGE INDEPENDENT AUDITOR’S REPORT 1-3 FINANCIAL STATEMENTS Statement of Financial Position 4 Statement of Activities 5 Statement of Cash Flows 6-7 Statement of Functional Expenses 8 NOTES TO FINANCIAL STATEMENTS 9-19 INTERNAL ACCOUNTING AND ADMINISTRATIVE CONTROL AND COMPLIANCE Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 20-21 Independent Auditor's Report on Compliance for Each Major Federal Program and Each Major State Project and on Internal Control Over Compliance Required by the Uniform Guidance and Chapter 10.650, Rules of the Auditor General 22-24 Schedule of Findings and Questioned Costs 25-26 SUPPLEMENTARY INFORMATION Schedule of Expenditures of Federal Awards and State Financial Assistance 27-29 Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance 30 Public Guardianship Program – State Funds: Schedule of Activities 31 330 INDEPENDENT AUDITOR’S REPORT To the Board of Directors of Legal Aid Society of Palm Beach County, Inc. West Palm Beach, Florida Report on the Audit of the Financial Statements Opinion We have audited the accompanying financial statements of Legal Aid Society of Palm Beach County, Inc. (a non-profit organization), which comprise the statement of financial position as of September 30, 2024, and the related statements of activities, cash flows, and functional expenses for the year then ended, and the related notes to the financial statements. In our opinion, the financial statements present fairly, in all material respects, the financial position of Legal Aid Society of Palm Beach County, Inc. as of September 30, 2024, and the changes in its net assets and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinion We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of Legal Aid Society of Palm Beach County, Inc. and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about Legal Aid Society of Palm Beach County, Inc.’s ability to continue as a going concern within one year after the date that the financial statements are available to be issued. Holyfield & Thomas, LLC Certified Public Accountants & Advisors 125 Butler Street  West Palm Beach, FL 33407 (561) 689-6000  Fax (561) 689-6001  www.holyfieldandthomas.com −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c 331 Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we:  Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.  Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of Legal Aid Society of Palm Beach County, Inc.’s internal control. Accordingly, no such opinion is expressed.  Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.  Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about Legal Aid Society of Palm Beach County, Inc.’s ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated February 27, 2025, on our consideration of Legal Aid Society of Palm Beach County, Inc.’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of Legal Aid Society of Palm Beach County, Inc.’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering Legal Aid Society of Palm Beach County, Inc.’s internal control over financial reporting and compliance. 332 Supplementary Information Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The accompanying schedule of expenditures of federal awards and state financial assistance, as required by Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and Chapter 10.650, Rules of the Auditor General, is presented for purposes of additional analysis and is not a required part of the financial statements. In addition, the schedule of Public Guardianship Program – State Funds is presented for purposes of additional analysis as required by the Florida Department of Elder Affairs, and is also not a required part of the basic financial statements. The schedules of expenditures of federal awards and state financial assistance, and Public Guardianship Program – State Funds are the responsibility of management and were derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedules of expenditures of federal awards and state financial assistance, and Public Guardianship Program – State Funds are fairly stated, in all material respects, in relation to the financial statements as a whole. Report on Summarized Comparative Information We have previously audited Legal Aid Society of Palm Beach County, Inc.’s 2023 financial statements, and we expressed an unmodified audit opinion on those audited financial statements in our report dated March 26, 2024. In our opinion, the summarized comparative information presented herein as of and for the year ended September 30, 2023, is consistent, in all material respects, with the audited financial statements from which it has been derived. Holyfield & Thomas, LLC West Palm Beach, Florida February 27, 2025 333 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. STATEMENT OF FINANCIAL POSITION As of September 30, 2024 (with comparable totals for 2023) Without Donor With Donor 2024 2023 Restrictions Restrictions Totals Totals ASSETS Cash and cash equivalents 4,107,003$ -$ 4,107,003$ 4,030,937$ Investments 3,178,887 - 3,178,887 1,543,759 Accounts receivable 1,047,622 54,750 1,102,372 1,519,721 Other receivable 33,825 - 33,825 16,957 Prepaid expenses 181,903 - 181,903 82,570 Total current assets 8,549,240 54,750 8,603,990 7,193,944 Cash - designated 4,191,220 - 4,191,220 3,695,410 Deposits 4,750 - 4,750 4,750 Beneficial interest in trust - 279,818 279,818 68,302 Furniture and equipment, net 43,238 - 43,238 45,294 Right-of-use assets: Operating leases, net 909,485 - 909,485 1,504,439 Finance leases, net 109,354 - 109,354 29,519 Total assets 13,807,287$ 334,568$ 14,141,855$ 12,541,658$ LIABILITIES AND NET ASSETS Accounts payable 116,510$ -$ 116,510$ 131,790$ Accrued compensation 646,506 - 646,506 531,881 Deferred revenues 189,733 - 189,733 74,494 Refundable advances 1,089,360 - 1,089,360 169,127 Lease obligations, current portion: Operating leases 644,891 - 644,891 586,633 Finance leases 26,837 - 26,837 23,063 Total current liabilities 2,713,837 - 2,713,837 1,516,988 Trust account 24,098 - 24,098 11,506 Public guardianship account 4,167,122 - 4,167,122 3,683,904 Lease obligations: Operating leases 284,405 - 284,405 929,296 Finance leases 86,379 - 86,379 7,372 Total liabilities 7,275,841 - 7,275,841 6,149,066 Net assets: Without donor restrictions 6,531,446 - 6,531,446 6,275,540 With donor restrictions - 334,568 334,568 117,052 Total net assets 6,531,446 334,568 6,866,014 6,392,592 Total liabilities and net assets 13,807,287$ 334,568$ 14,141,855$ 12,541,658$ See accompanying notes to financial statements. -4- 334 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. STATEMENT OF ACTIVITIES For the Year Ended September 30, 2024 (with comparable totals for 2023) Without Donor With Donor 2024 2023 Restrictions Restrictions Totals Totals Support and revenues: Governmental grants 10,323,281$ -$ 10,323,281$ 10,498,466$ Foundation grants 2,556,352 - 2,556,352 1,033,893 Other grants 290,519 73,000 363,519 384,047 Contributions 396,833 188,400 585,233 834,684 Program service revenue 207,918 - 207,918 196,621 Special events and activities 485,995 - 485,995 413,983 Interest and dividends, net 296,545 - 296,545 132,986 Change in unrealized gain on investments 186,310 - 186,310 53,206 Change in value of beneficial interest in trust - 23,116 23,116 4,005 Other 1,175 - 1,175 341,007 Total support and revenues 14,744,928 284,516 15,029,444 13,892,898 Net assets released from restrictions 67,000 (67,000) - - Expenses: Program 12,722,911 - 12,722,911 11,531,003 Management and general 1,158,898 - 1,158,898 837,684 Fundraising 674,213 - 674,213 453,608 Total expenses 14,556,022 - 14,556,022 12,822,295 Change in net assets 255,906 217,516 473,422 1,070,603 Net assets, beginning of year 6,275,540 117,052 6,392,592 5,321,989 Net assets, end of year 6,531,446$ 334,568$ 6,866,014$ 6,392,592$ See accompanying notes to financial statements. -5- 335 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. STATEMENT OF CASH FLOWS For the Year Ended September 30, 2024 (with comparable totals for 2023) 2024 2023 Totals Totals Cash flows from operating activities: Cash received from contributors and grantors 15,160,568$ 12,831,047$ Cash received from client agencies 217,918 196,621 Cash received from fundraising events 591,234 446,478 Interest and dividends, net 296,545 132,986 Other cash received 1,175 341,007 Cash paid to employees (12,118,090) (10,584,082) Cash paid for goods and services (1,737,504) (1,789,828) Cash paid on operating leases (661,467) (379,220) Net cash provided by operating activities 1,750,379 1,195,009 Cash flows from investing activities: Proceeds from sale of investments 6,087,039 2,912,825 Purchase of investments (7,535,857) (3,856,143) Contributions to beneficial interest in trust (183,000) - Purchase of furniture and equipment (15,750) (34,635) Net cash used in investing activities (1,647,568) (977,953) Cash flows from financing activities: Advances under agency transactions 496,594 629,158 Principal payments on finance lease obligations (27,529) (29,252) Net cash provided by financing activities 469,065 599,906 Net change in cash and cash equivalents 571,876 816,962 Cash and cash equivalents, beginning of year 7,726,347 6,909,385 Cash and cash equivalents, end of year 8,298,223$ 7,726,347$ Cash and cash equivalents 4,107,003$ 4,030,937$ Cash - designated 4,191,220 3,695,410 8,298,223$ 7,726,347$ See accompanying notes to financial statements. -6- 336 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. STATEMENT OF CASH FLOWS For the Year Ended September 30, 2024 (with comparable totals for 2023) 2024 2023 Totals Totals Reconciliation of change in net assets to net cash provided by operating activities: Change in net assets 473,422$ 1,070,603$ Adjustments to reconcile change in net assets to net cash provided by operating activities: Depreciation 48,281 44,899 Lease expense 594,954 330,731 Change in unrealized gain on investments (186,310) (53,206) Contributions to beneficial interest in trust (5,400) - Change in value of beneficial interest in trust (23,116) (4,005) Decrease (increase) in: Accounts receivable 417,349 223,704 Other receivable (16,868) (16,205) Prepaid expenses (99,333) (4,212) Increase (decrease) in: Accounts payable (16,065) 9,171 Accrued compensation 114,625 22,722 Deferred revenues 115,239 32,495 Refundable advances 920,234 (142,447) Operating lease obligations (586,633) (319,241) Net cash provided by operating activities 1,750,379$ 1,195,009$ Supplemental information of noncash investing and financing activities: During 2024, the Society incurred debt of $110,310 in the form of finance leases for the right-of-use of office equipment. See accompanying notes to financial statements. -7- 337 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. STATEMENT OF FUNCTIONAL EXPENSES For the Year Ended September 30, 2024 Management 2024 2023 Program and General Fundraising Totals Totals Salaries 8,723,168$ 842,037$ 260,142$ 9,825,347$ 8,469,862$ Payroll taxes 639,709 58,220 17,407 715,336 622,377 Employee benefits 1,577,610 65,901 48,521 1,692,032 1,514,565 Total personnel expenses 10,940,487 966,158 326,070 12,232,715 10,606,804 Bank charges 135 16,580 15,482 32,197 26,293 Bar functions 6,175 747 1,094 8,016 12,593 Depreciation 13,442 33,779 1,060 48,281 44,899 Dues and licenses 42,518 6,452 3,055 52,025 34,094 Equipment rental and maintenance 44,929 21,894 3,243 70,066 47,191 Fundraising event costs 5,293 1,404 224,371 231,068 205,811 Insurance 53,273 - 4,247 57,520 55,823 Library 35,499 2,978 171 38,648 41,053 Litigation costs 70,868 953 9 71,830 76,668 Miscellaneous expense 5,306 (1,590) 108 3,824 7,841 Other project expenses 37,517 745 100 38,362 51,892 Parking 17,607 1,182 28 18,817 15,439 Postage and shipping 21,021 268 3,741 25,030 21,544 Printing 20,319 - 2,758 23,077 16,186 Professional fees 353,345 26,601 19,001 398,947 408,880 Public relations 3,376 2,575 985 6,936 - Recruiting 35,498 5,273 2,015 42,786 28,032 Rent and utilities 627,015 11,572 49,767 688,354 674,562 Specific assistance to individuals 119,591 20,939 - 140,530 174,784 Staff development 5,532 5,429 1,458 12,419 8,315 Supplies 108,709 28,091 7,566 144,366 126,648 Telephone and communications 32,447 5,863 1,485 39,795 38,912 Training and education 22,383 192 683 23,258 16,805 Travel 100,626 813 5,716 107,155 81,226 Total expenses 12,722,911$ 1,158,898$ 674,213$ 14,556,022$ 12,822,295$ (with comparable totals for 2023) See accompanying notes to financial statements. -8- 338 LEGAL AID SOCIETY OF NOTES TO FINANCIAL STATEMENTS PALM BEACH COUNTY, INC. For the Year Ended September 30, 2024 -9- 1. Summary of Significant Accounting Policies Organization and Nature of Activities Legal Aid Society of Palm Beach County, Inc. (the "Society"), is a Florida not-for-profit corporation organized on November 18, 1970 for the purpose of providing high quality civil legal advice, representation, and education to the disadvantaged of Palm Beach County in order to protect their personal safety, enhance their opportunities and living conditions, and promote self-sufficiency. Basis of Accounting The financial statements of the Society have been prepared on the accrual basis of accounting in accordance with accounting principles generally accepted in the United States of America. Support is recognized when received, revenues are recognized when earned, and expenses are recognized when incurred. The significant accounting policies followed by the Society are described below to enhance the usefulness of the financial statements to the reader. Financial Statement Presentation The Society follows FASB Accounting Standards Codification (FASB ASC) 958-205, Presentation of Financial Statements. The standard requires that the Society present information regarding its financial position and activities according to two classes of net assets, described as follows: Net assets without donor restrictions: this classification includes those net assets whose use is not restricted by donors, even though their use may be limited in other respects, such as by contract or by board designation. Changes in net assets arising from exchange transaction (except income and gains on assets that are restricted by donors or by law) are included in net assets without donor restrictions. Net assets with donor restrictions: this classification includes those net assets whose use by the Society has been limited by donors to either later periods of time, or after specified dates, or for a specified purpose. When a donor restriction expires, that is, when a stipulated time restriction ends or purpose restriction is accomplished, the restricted amounts are reclassified to net assets without donor restrictions. This classification also includes those net assets that must be maintained by the Society in perpetuity. These are contributions for which donor-imposed restrictions limiting the Society’s use of an asset or its economic benefits neither expire with the passage of time nor can be removed by the Society meeting certain requirements. Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. 339 LEGAL AID SOCIETY OF NOTES TO FINANCIAL STATEMENTS PALM BEACH COUNTY, INC. For the Year Ended September 30, 2024 -10- 1. Summary of Significant Accounting Policies, continued Fair Value of Financial Instruments The Society follows FASB ASC 820-10, Fair Value Measurement and Disclosures, which provides a common definition of fair value, establishes a framework to measure fair value within accounting principles generally accepted in the United States of America, and expands the disclosures about fair value measurements. The standard does not create any new fair value measurements. Instead, it applies under existing accounting pronouncements that require or permit fair value measurements. For assets and liabilities measured at fair value on a recurring basis, entities should disclose information that allows financial statement users to assess (1) the inputs used to develop such measurements, such as Level 1 (i.e., quoted price in an active market for an identical asset or liability), Level 2 (i.e., quoted price for similar assets or liabilities in active markets), or Level 3 (i.e., unobservable inputs); and (2) the effect on changes in net assets of recurring measurements that use significant unobservable (Level 3) inputs. Prior Year Summarized Information The financial statements include certain prior-year summarized comparative information in total but not by net asset class. Such information does not include sufficient detail to constitute a presentation in conformity with accounting principles generally accepted in the United States of America. Accordingly, such information should be read in conjunction with the Society’s financial statements for the year ended September 30, 2023, from which the summarized information was derived. Certain 2023 amounts have been reclassified to conform to 2024 classifications. Such reclassifications have no effect on the change in net assets as previously reported. Cash and Cash Equivalents, Cash - Designated For purposes of the statement of cash flows, the Society considers designated cash and all highly liquid investments available for current use with an initial maturity of three months or less to be cash equivalents, except for such cash and short-term instruments that are held within the investment portfolio and classified as investments. In connection with its Public Guardianship Program (PGP) and its legal practice, the Society maintains designated cash funds that are held in separate accounts for the benefit of wards and clients. These accounts are reported as non-current assets under the caption "cash - designated," and as non-current liabilities under the captions of “trust account” and “public guardianship account.” Investments Investments of the Society are stated at fair value based on quoted prices on a national stock exchange, with the resulting realized and change in unrealized gains and losses included in the statement of activities. Investments as of September 30, 2024 consist primarily of mutual funds, US Treasuries, and Certificates of Deposit that are presented in the financial statement at fair value, with the resulting realized and change in unrealized gains and losses included in the statement of activities. Investment transactions and related expenses are accounted for on a trade date basis. 340 LEGAL AID SOCIETY OF NOTES TO FINANCIAL STATEMENTS PALM BEACH COUNTY, INC. For the Year Ended September 30, 2024 -11- 1. Summary of Significant Accounting Policies, continued Accounts Receivable Accounts receivable consist of amounts due to the Society under various federal, state, and local grants, and arising from promises to give from United Way and other agencies. Because the amounts are considered to be fully collectible, there is no provision for doubtful accounts as of September 30, 2024. Furniture and Equipment Furniture and equipment is stated at cost, or if donated, at the approximate fair value at the date of the donation. Individual items costing less than $1,500 are expensed. Expenditures for repairs and maintenance are charged to expense as incurred. Major improvements are capitalized. Depreciation is computed by the straight-line method over the estimated useful lives of the assets, which range from 5 to 39 years. Compensated Absences Full-time employees of the Society accrue vacation at varying rates depending upon the length of service. A maximum of 20 vacation days may be accumulated at any time during the year. Refundable Advances The Society has reimbursement arrangements with various grantors whereby the Society receives funds ahead of the expenditures. In accordance with the terms of these arrangements, any funds that are not spent within the contract period must be refunded to the grantors. Contributions In accordance with FASB ASC 958-605, Revenue Recognition, contributions received, including unconditional promises, are recognized as revenues when the donor's commitment is received. All contributions are considered to be without donor restrictions unless specifically restricted by the donor. Amounts received that are designated for future periods or restricted by the donor for specific purposes are reported as with donor restriction support that increase the net asset with donor restriction class. When the restriction expires, net assets with donor restrictions are reclassified to net assets without donor restrictions and reported in the statement of activities as net assets released from restrictions. Special events revenue is recognized as revenue at the time of the event. Tickets sold prior to the event are recorded as deferred revenue. Functional Allocation of Expenses The costs of providing the various programs and other activities have been summarized on a functional basis in the statement of activities and according to natural classification in the statement of functional expenses. Accordingly, certain costs have been allocated among the programs and activities benefited. Advertising The Society expenses advertising costs as incurred and includes such expenses in the public relations category in the statement of functional expenses. 341 LEGAL AID SOCIETY OF NOTES TO FINANCIAL STATEMENTS PALM BEACH COUNTY, INC. For the Year Ended September 30, 2024 -12- 1. Summary of Significant Accounting Policies, continued Leases The Society accounts for all leases in accordance with FASB ASC 842, Leases, recognizing lease liabilities and right-of-use (ROU) assets in the statement of financial position for all leases that meet the definition of a lease, except for short-term leases with lease terms of 12 months or less where the practical expedient to not recognize lease liabilities and ROU assets is elected. Lease payments are recognized as rent expense in the statement of activities on a straight-line basis over the term of the lease. Income Taxes The Society is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. However, income from certain activities not directly related to the Society’s tax-exempt purpose would be subject to taxation as unrelated business income. There were no such unrelated activities for the year ended September 30, 2024. The Society follows FASB ASC 740-10, Accounting for Uncertainty in Income Taxes. This pronouncement seeks to reduce the diversity in practice associated with certain aspects of measurement and recognition in accounting for income taxes. It prescribes a recognition threshold and measurement attribute for financial statement recognition and measurement of a tax position that an entity takes or expects to take in a tax return. An entity may only recognize or continue to recognize tax positions that meet a “more likely than not” threshold. The Society assesses its income tax position based on management’s evaluation of the facts, circumstances and information available at the reporting date. Management has analyzed the tax positions taken by the Society, and has concluded that as of September 30, 2024, there are no uncertain tax positions taken or expected to be taken that would require recognition of a liability or disclosure in the accompanying financial statements. The Society is subject to routine audits by taxing jurisdictions; however, there are currently no audits for any tax periods in progress. 2. Liquidity and Availability of Resources Financial assets available for general expenditure within one year, that is, without donor restrictions or other restrictions limiting their use within one year of the statement of financial position date, are comprised of the following: Cash and cash equivalents $ 4,107,003 Investments 3,178,887 Accounts receivable 1,102,372 Other receivable 33,825 Total financial assets available to meet general expenditures over the next 12 months $ 8,422,087 The Society is substantially supported by grants and by contributions without donor and with donor restrictions. Because a donor’s restriction requires resources to be used in a particular manner or in a future period, the Society must maintain sufficient resources to meet those responsibilities to its donors. Some of the Society’s net assets with donor restrictions are available for general expenditure within one year of September 30, 2024 because the restrictions on the net assets are expected to be met by conducting the normal program activities of the Society in the coming year. 342 LEGAL AID SOCIETY OF NOTES TO FINANCIAL STATEMENTS PALM BEACH COUNTY, INC. For the Year Ended September 30, 2024 -13- 2. Liquidity and Availability of Resources, continued Accordingly, the related resources have been included in the quantitative information detailing the financial assets available to meet general expenditures within one year. Furthermore, the Society has a $350,000 line of credit of which management may draw upon in the event of unanticipated financial distress or an immediate liquidity need. The Society forecasts its future cash flows and monitors liquidity on a monthly basis. 3. Fair Value Measurements FASB ASC 820-10 establishes a framework for measuring fair value. That framework provides a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level 1 measurement) and the lowest priority to unobservable inputs (Level 3 measurement). The three levels of the fair value hierarchy under FASB ASC 820-10 are described below: Level 1 – Inputs to the valuation methodology are unadjusted quoted prices for identical assets or liabilities in active markets that the Society has the ability to access. Level 2 – Inputs to the valuation methodology include: quoted prices for similar assets or liabilities in active markets; quoted prices for identical or similar assets or liabilities in inactive markets; Inputs other than quoted prices that are observable for the asset or liability; Inputs that are derived principally from or corroborated by observable market data by correlation or other means. Level 3 – Inputs to the valuation methodology are unobservable and significant to the fair value measurement. The asset’s or liability’s fair value measurement level within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs. Fair Value of Financial Instruments: The following methods and assumptions were used by the Society in estimating fair value of financial instruments that are not disclosed under ASC 820. Cash, Cash Equivalents, and Cash - Designated: The carrying amount reported approximates fair value. Accounts and Other Receivable: The carrying amount approximates fair value due to the relative size, timing, and amounts to be collected. Accounts Payable and Accrued Compensation: The carrying amount reported approximates fair value due to the short-term duration of the instruments. Lease Obligations: The carrying amounts reported approximate fair value as the stated interest rates approximate market rates. 343 LEGAL AID SOCIETY OF NOTES TO FINANCIAL STATEMENTS PALM BEACH COUNTY, INC. For the Year Ended September 30, 2024 -14- 3. Fair Value Measurements, continued Items Measured at Fair Value on a Recurring Basis: The following is a description of the valuation methodologies used for assets measured at fair value. There have been no changes in the methodologies used as of September 30, 2024. Investments: Valued according to the market quotation provided by the custodian as of the close of business as of September 30, 2024. Beneficial Interest in Trust: Valued by the 3rd party custodian at the current fair value of underlying investment assets in the account, which provides a perpetual stream of income to the Society. The following table sets forth by level, within the fair value hierarchy, the Society’s assets at fair value as of September 30, 2024: Assets at Fair Value Level 1 Level 2 Level 3 Total Investments $3,178,887 $ - $ - $3,178,887 Beneficial interest in trust - - 279,818 279,818 Total $3,178,887 $ - $ 279,818 $3,458,705 The table below sets forth a summary of changes in the fair value of the beneficial interest in trust for the year ended September 30, 2024. Balance, beginning of year $ 68,302 Issuances/contributions 188,400 Settlements/collections - Change in value 23,116 Balance, end of year $ 279,818 4. Accounts Receivable Accounts receivable consisted of the following as of September 30, 2024: Federal and state grants $ 760,463 Local government grants 267,826 Other grants 19,333 United Way allocation 54,750 $ 1,102,372 5. Prepaid Expenses Prepaid expenses consisted of prepaid insurance, software licenses, IT services, and future events as of September 30, 2024: 344 LEGAL AID SOCIETY OF NOTES TO FINANCIAL STATEMENTS PALM BEACH COUNTY, INC. For the Year Ended September 30, 2024 -15- 6. Investments Investments are presented in the financial statement at fair value, with the resulting realized and change in unrealized gains and losses included in the statement of activities. Investment transactions and related expenses are accounted for on a trade date basis. Investments consist of the following as of September 30, 2024: Money market funds $ 73,452 Fixed income securities: US Treasury notes 348,726 Government mortgage-backed securities 413,536 Corporate bonds 1,252,254 Equity mutual funds 1,090,916 Total investments at fair market value 3,178,884 Total investments at cost 2,768,791 Unrealized gains 410,093 Less beginning balance of unrealized gains 223,783 Total change in unrealized gain $ 186,310 7. Furniture and Equipment Furniture and equipment consisted of the following as of September 30, 2024: Furniture and fixtures $ 105,994 Computer equipment 140,508 Software 81,982 Other assets 292,452 620,936 Less accumulated depreciation 577,698 Furniture and equipment, net $ 43,238 Depreciation expense for the year ended September 30, 2024, was $17,806. 8. Beneficial Interest in Trust The Society is the income beneficiary of a perpetual trust, whose assets are held by the Community Foundation for Palm Beach and Martin Counties, Inc. (the “Foundation”) as an endowed component fund (“Fund”). Under the terms of the Fund, the Foundation’s Board of Directors has a variance power to modify any restriction or condition on the distribution of funds for any specific charitable purpose or to specified organizations, if in their sole judgment (without the approval of any trustee, custodian, or agent), such restriction or conditions becomes, in effect, unnecessary, incapable of fulfillment or inconsistent with the charitable needs of the community or the area served by the Foundation. The Fund is subject to the Foundation’s investment and spending policies. During the year ended September 30, 2024, the Society did not receive any distributions from the Fund. 345 LEGAL AID SOCIETY OF NOTES TO FINANCIAL STATEMENTS PALM BEACH COUNTY, INC. For the Year Ended September 30, 2024 -16- 9. Line of Credit The Society has a $350,000 line of credit with interest at the bank's prime rate (8.50% as of September 30, 2024), that is secured by accounts receivable and other business assets. No amount was outstanding as of September 30, 2024. 10. Net Assets with Donor Restrictions Net assets with donor restrictions as of September 30, 2024 consisted of the following: Subject to the passage of time: Town of Palm Beach United Way allocation $ 54,750 Beneficial interest in trust 41,418 Total time restrictions 67,052 Perpetual in nature: Beneficial interest in trust 238,400 Total net assets with donor restrictions $ 334,568 11. Government Grants Government grants consist of $2,798,720 from various federal government agencies, $1,084,888 from state government agencies, and $6,439,673 from local government agencies. Grants from local government agencies include $4,889,547 from Children’s Services Council, $1,418,901 from Palm Beach County, and $131,225 from other local government agencies. Children’s Services Council funds the following programs: Non-profit Legal Assistance Project $ 64,000 Children's Advocacy Project 4,748,301 Project DULCE 34,601 Other 42,645 $ 4,889,547 Palm Beach County funds the following projects: Domestic violence $ 113,643 Guardian advocacy 92,245 Guardianship program 152,542 Wage dispute project 145,333 Other legal assistance 915,138 $ 1,418,901 12. Foundation Grants Foundation grants received during the year amounted to $2,556,352, of which approximately $2,143,000 was from the Funding Florida Legal Aid (f/k/a Florida Bar Foundation). 346 LEGAL AID SOCIETY OF NOTES TO FINANCIAL STATEMENTS PALM BEACH COUNTY, INC. For the Year Ended September 30, 2024 -17- 13. Other Grants Other grants received during the year amounted to $363,519, of which approximately $260,000 was awarded from Town of Palm Beach United Way and United Way of Palm Beach County. 14. Leases Operating Lease The Society leases its office space in West Palm Beach, Florida under a non-cancelable lease agreement that expires in February 2026. The lease requires minimum rental payments of $55,800 per month, with annual increases of 3%. Operating right-of-use asset as of September 30, 2024, consisted of the following: Office space $ 1,835,170 Less accumulated amortization 925,685 Net operating right-of-use asset $ 909,485 Operating lease obligations as of September 30, 2024, consisted of the following: Office space $ 929,296 Less current portion 644,891 Non-current portion $ 284,405 Undiscounted future lease payments under operating lease as of September 30, 2024, for each of the next two years are: 2025 $ 681,311 2026 287,367 968,678 Less discount to present value 39,382 Present value of future lease payments 929,296 Less current portion 644,891 Non-current portion $ 284,405 The discount has been calculated using an interest rate of 6.25%, which approximates the incremental borrowing rate of the Society for the acquisition of the related asset at the time the lease was recorded. Operating lease expense for the year ended September 30, 2024, consisted of the following: Finance Amortization Charges Total Office space $ 594,954 $ 74,834 $ 669,788 347 LEGAL AID SOCIETY OF NOTES TO FINANCIAL STATEMENTS PALM BEACH COUNTY, INC. For the Year Ended September 30, 2024 -18- 14. Leases, continued Operating Lease, continued Total lease expense was $688,354 during the year ended September 30, 2024, and is included in the rent and utilities category in the statement of functional expenses. The difference between total rent and utilities expense and operating lease expense above of $669,788 is $18,566, which consists of payments for a storage facility that do not have long-term lease agreements. Finance Lease The Society leases certain office equipment under finance lease agreements that expire on various dates through March 2029. The assets and liabilities under these finance leases were recorded at the lower of the present value of minimum lease payments or the fair value of the assets. The assets are amortized over the lower of their lease term or their estimated useful lives. Amortization of equipment under finance leases are included in depreciation expense in the accompanying financial statements. Depreciation of assets under finance leases charged to expense during the year ended September 30, 2024, was $30,475. Minimum future lease payments under finance leases as of September 30, 2024, for each of the next five years and in the aggregate are: 2025 $ 35,061 2026 29,355 2027 29,177 2028 28,645 2029 11,842 Total future lease payments 134,080 Less amount representing interest 20,864 Total obligation under finance lease 113,216 Less current portion 26,837 Long-term portion $ 86,379 The lease discount for the office equipment has been calculated using interest rates ranging from 6.25% to 8.50%, which approximates the incremental borrowing rate of the Society at the time the leases were measured. The weighted average lease term for the finance leases is 4.2 years. The weighted average discount rate for the finance leases is 8.37% 15. Retirement Plan The Society maintains a 401(k) profit sharing plan for all eligible employees, as more fully described in the plan documents. The Society makes match contributions in an amount equal to 100% of the participant's elective contribution not in excess of 3% of the participant's compensation for the plan year. The Society also has the option to make discretionary contributions to the plan. The Society's contribution to the plan for the year ended September 30, 2024 was $251,143, and is included in employee benefits expense in the statement of functional expenses. 348 LEGAL AID SOCIETY OF NOTES TO FINANCIAL STATEMENTS PALM BEACH COUNTY, INC. For the Year Ended September 30, 2024 -19- 16. Concentration of Credit Risk The Society maintains cash deposits at different banks, which the Society periodically evaluates and believes to be in sound financial condition. Deposits located at banks are insured by the Federal Deposit Insurance Corporation (FDIC) up to $250,000 per financial institution. As of September 30, 2024, the uninsured portion of deposits aggregated to approximately $4,200,000. The Society has not experienced any loss on such accounts and management believes it is not exposed to any significant credit risk arising from such balances. Balances at brokerage accounts are guaranteed by the Securities Investor Protection Corporation (SIPC) up to $500,000, which includes a $250,000 limit for cash. As of September 30, 2024, the security balances exceeded the SPIC insurance limit. 17. Subsequent Events The Society’s management has evaluated subsequent events through February 27, 2025, the date on which the financial statements were available to be issued, and determined there were no further disclosures required to be presented in these financial statements. 349 -20- INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Directors of Legal Aid Society of Palm Beach County, Inc. West Palm Beach, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States , the financial statements of Legal Aid Society of Palm Beach County, Inc. (a non-profit organization), which comprise the statement of financial position as of September 30, 2024, and the related statements of activities, cash flows, and functional expenses for the year then ended, and the related notes to the financial statements, and have issued our report thereon dated February 27, 2025. Report on Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered Legal Aid Society of Palm Beach County, Inc.’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of Legal Aid Society of Palm Beach County, Inc.’s internal control. Accordingly, we do not express an opinion on the effectiveness of Legal Aid Society of Palm Beach County, Inc.’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements, on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of the internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. Holyfield & Thomas, LLC Certified Public Accountants & Advisors 125 Butler Street  West Palm Beach, FL 33407 (561) 689-6000  Fax (561) 689-6001  www.holyfieldandthomas.com −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c 350 -21- Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether Legal Aid Society of Palm Beach County, Inc.’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instance of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of This Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of Legal Aid Society of Palm Beach County, Inc.’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering Legal Aid Society of Palm Beach County, Inc.’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Holyfield & Thomas, LLC West Palm Beach, Florida February 27, 2025 351 -22- INDEPENDENT AUDITOR’S REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM AND EACH MAJOR STATE PROJECT AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE AND CHAPTER 10.650, RULES OF AUDITOR GENERAL To the Board of Directors of Legal Aid Society of Palm Beach County, Inc. West Palm Beach, Florida Report on Compliance for Each Major Federal Program and State Project Opinion on Each Major Federal Program We have audited Legal Aid Society of Palm Beach County, Inc.’s compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement and in the Florida Department of Financial Services’ State Projects Compliance Supplement that could have a direct and material effect on each of Legal Aid Society of Palm Beach County, Inc.’s major federal programs and major state projects for the year ended September 30, 2024. Legal Aid Society of Palm Beach County, Inc.’s major federal programs and major state projects are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs. In our opinion, Legal Aid Society of Palm Beach County, Inc. complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs and major state projects for the year ended September 30, 2024. Basis for Opinion on Each Major Federal Program and Major State Project We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance); and the audit requirements of Chapter 10.650, Rules of the Auditor General (Rules of the Auditor General). Our responsibilities under those standards, the Uniform Guidance, and the Rules of the Auditor General, are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report. We are required to be independent of Legal Aid Society of Palm Beach County, Inc. and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program and major state project. Our audit does not provide a legal determination of Legal Aid Society of Palm Beach County, Inc.’s compliance with the compliance requirements referred to above. Responsibilities of Management for Compliance Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules, and provisions of contracts or grant agreements applicable to Legal Aid Society of Palm Beach County, Inc.’s federal programs and state projects. Holyfield & Thomas, LLC Certified Public Accountants & Advisors 125 Butler Street  West Palm Beach, FL 33407 (561) 689-6000  Fax (561) 689-6001  www.holyfieldandthomas.com −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c −c 352 -23- Auditor’s Responsibilities for the Audit of Compliance Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on Legal Aid Society of Palm Beach County, Inc.’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards, Government Auditing Standards, the Uniform Guidance, and the Rules of the Auditor General, will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about Legal Aid Society of Palm Beach County, Inc.’s compliance with the requirements of each major federal program and major state project as a whole. In performing an audit in accordance with generally accepted auditing standards, Government Auditing Standards, the Uniform Guidance, and the Rules of the Auditor General, we:  Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding Legal Aid Society of Palm Beach County, Inc.’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.  Obtain an understanding of Legal Aid Society of Palm Beach County, Inc.’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, and the Rules of the Auditor General, but not for the purpose of expressing an opinion on the effectiveness of Legal Aid Society of Palm Beach County, Inc.’s internal control over compliance. Accordingly, no such opinion is expressed. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit. Report on Internal Control over Compliance A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program or state project on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program or state project will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program or state project that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. 353 -24- Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified. Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance, and the Rules of the Auditor General. Accordingly, this report is not suitable for any other purpose. Holyfield & Thomas, LLC West Palm Beach, Florida February 27, 2025 354 LEGAL AID SOCIETY OF SCHEDULE OF FINDINGS PALM BEACH COUNTY, INC. AND QUESTIONED COSTS For the Year Ended September 30, 2024 -25- SECTION I – SUMMARY OF AUDITOR’S RESULTS Financial Statements Type of auditor’s report issued: Unmodified Internal control over financial reporting: Material weakness identified? No Significant deficiency(ies) identified that are not considered to be material weaknesses? None reported Noncompliance material to financial statements noted? No Federal Awards Internal control over major programs: Material weakness(es) identified? No Significant deficiency(ies) identified that are not considered to be material weaknesses? None reported Type of auditor’s report issued on compliance on major programs: Unmodified Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516(a)? No Major programs: Assistance Listing Number (ALN) 16.575 Name of federal program or cluster: U.S. Department of Justice – Crime Victim Assistance Assistance Listing Number (ALN) 93.044/.052 Name of federal program or cluster: U.S. Department of Health and Human Services – Older Americans Act, Title III B and Title III E – Support Services Dollar threshold used to distinguish between type A and type B programs: $ 750,000 Auditee qualified as a low-risk auditee? No 355 LEGAL AID SOCIETY OF SCHEDULE OF FINDINGS PALM BEACH COUNTY, INC. AND QUESTIONED COSTS For the Year Ended September 30, 2024 -26- SECTION I – SUMMARY OF AUDITOR’S RESULTS, continued State Financial Assistance Internal control over major projects: Material weakness(es) identified? No Significant deficiency(ies) identified that are not considered to be material weaknesses? None reported Type of auditor’s report issued on compliance on major projects: Unmodified Any audit findings disclosed that are required to be reported in accordance with Chapter 10.650, Rules of the Auditor General? No Major projects: CSFA Number 65.003 Name of state project: Florida Department of Elder Affairs – Statewide Public Guardianship Program Dollar threshold used to distinguish between type A and type B projects: $ 300,000 SECTION II – FINANCIAL STATEMENT FINDINGS There are no findings reported for the year ended September 30, 2024, relative to financial reporting for Legal Aid Society of Palm Beach County, Inc. SECTION III – FEDERAL AWARD AND STATE FINANCIAL ASSISTANCE FINDINGS AND QUESTIONED COSTS There are no findings or questioned costs reported for the year ended September 30, 2024, relative to federal awards and state financial assistance for Legal Aid Society of Palm Beach County, Inc. SECTION IV – PRIOR YEAR FINDINGS There were no prior audit findings or questioned costs for the year ended September 30, 2023, relative to federal awards and state financial assistance requiring action on the part of the auditee for that fiscal year. 356 SUPPLEMENTARY INFORMATION 357 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCEFor the Year Ended September 30, 2024 Federal Grantor Assistance Pass-through Entity Listing Award Federal Federal Program Title Period Number Number Expenditures U.S. Department of Housing and Urban Development: Fair Housing Initiative Program 04/01/23 - 03/31/24 14.418 FPEI20046 194,977$ Fair Housing Initiative Program 04/01/24 - 03/31/25 14.418 FPEI230095 104,019 Fair Housing Initiative Program 06/01/24 - 05/31/25 14.416 FEOI230020 26,133 325,129 Passed through from Palm Beach County, Florida: Community Development Block Grants 10/01/23 - 09/30/24 14.218 R2023-1455 46,415 Emergency Solutions Grant Program 01/01/22 - 09/30/25 14.231 R2021-1906 419,313 Emergency Solutions Grant Program 07/01/23 - 06/30/24 14.231 E-20-DW120001 93,879 Passed through from City of Boynton Beach, Florida: Community Development Block Grants 10/01/23 - 09/30/24 14.218 R23-098 7,500 Passed through from City of Delray, Florida: Community Development Block Grants 10/01/23 - 09/30/24 14.218 FY2023-2024CDBG 3,039 Passed through from City of Jacksonville, Florida: Eviction Protection Grant Program: Florida Legal Aid Eviction Protection Proj 02/01/23 - 01/31/24 14.537 EP-21-FL-001 103,371 Florida Legal Aid Eviction Protection Proj 02/01/24 - 01/31/25 14.537 EP-21-FL-001 26,807 Total U.S. Department of Housing and Urban Development 1,025,453 U.S. Department of Justice: Passed through from Florida Office of the Attorney General:VOCA-C-2023-Legal Aid Crime Victim Assistance 10/01/23 - 09/30/24 16.575 Society of Palm-00036 583,331 Total U.S. Department of Justice 583,331 U.S. Department of Treasury: Low Income Taxpayer Clinics 01/01/23 - 12/31/23 21.008 23-LITC0636-01-01 61,618 Low Income Taxpayer Clinics 01/01/24 - 12/31/24 21.008 24-LITC0636-02-02 108,750 170,368 Passed through from City of Lake Worth, Florida: American Rescue Plan Act of 2021 10/01/22 - 09/30/24 21.027 Y5177 2,550 Total U.S. Department of Treasury 172,918 (continued on next page) See independent auditor's report and accompanying notes to Schedule of Expenditures of Federal Awards and State Financial Assistance. -27- 358 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCEFor the Year Ended September 30, 2024 Federal Grantor Assistance Pass-through Entity Listing Award Federal Federal Program Title Period Number Number Expenditures (continued from previous page) U.S. Department of Veterans Affairs Legal Services for Veterans Grants 08/01/23 - 07/31/24 64.056 FL-994-LSV-103-22 130,495$ Legal Services for Veterans Grants 08/01/24 - 09/30/25 64.056 FL-994-LSV-326-24 42,199 Total U.S. Department of Veterans Affairs 172,694 U.S. Department of Health and Human Services: Older Americans Act, Title III B and 01/01/22 - 09/30/24 93.044/.052 IRP22-9001 003 109,111 Title III E - Support Services 01/01/23 - 12/31/23 93.044/.052 IA 023-9001 002 28,969 01/01/24 - 12/31/24 93.044/.052 IA 024-9001 002 422,944 561,024 Passed through from Palm Beach County, Florida: HIV Emergency Relief Project 03/01/21 - 02/28/24 93.914 R2021-0308 105,187 HIV Emergency Relief Project 03/01/24 - 02/28/27 93.914 R2024-0533 178,113 Total U.S. Department of Health and Human Services 844,324 Total expenditures of federal awards 2,798,720$ See independent auditor's report and accompanying notes to Schedule of Expenditures of Federal Awards and State Financial Assistance. -28- 359 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCEFor the Year Ended September 30, 2024 State Grantor Pass-through Entity CSFA Award State State Project Title Period Number Number Expenditures Florida Department of Elder Affairs: Statewide Public Guardianship Program 07/01/21 - 06/30/24 65.003 X9141 766,522$ 07/01/24 - 06/30/25 65.003 X9E24 260,592 Passed through from Area Agency on Aging of Palm Beach/ Treasure Coast, Inc.: Community Care for the Elderly 07/01/23 - 06/30/24 65.010 IC 023-9001 36,781 Community Care for the Elderly 07/01/24 - 06/30/25 65.010 IC 024-9001 20,993 Total expenditures of state awards 1,084,888$ See independent auditor's report and accompanying notes to Schedule of Expenditures of Federal Awards and State Financial Assistance. -29- 360 LEGAL AID SOCIETY OF NOTES TO SCHEDULE OF EXPENDITURES PALM BEACH COUNTY, INC. OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE For the Year Ended September 30, 2024 See independent auditor's report. -30- 1. Basis of Presentation The accompanying schedule of expenditures of federal awards and state financial assistance (the “Schedule”) includes the federal and state award activity of Legal Aid Society of Palm Beach County, Inc. for the year ended September 30, 2024. The information in this Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) and the audit requirements of Chapter 10.650, Rules of the Auditor General (Rules of the Auditor General). Because the Schedule presents only a selected portion of the operations of Legal Aid Society of Palm Beach County, Inc., it is not intended to and does not present the financial position, changes in net assets, or cash flows of Legal Aid Society of Palm Beach County, Inc. 2. Basis of Accounting Expenditures reported on the Schedule are reported on the accrual basis of accounting. Such expenditures are recognized following the cost principles contained in the Uniform Guidance and the Rules of the Auditor General, wherein certain types of expenditures are not allowable or are limited as to reimbursement. 3. Scope of Audit Pursuant to Uniform Guidance and Rules of the Auditor General All federal and state awards of Legal Aid Society of Palm Beach County, Inc. are included in the scope of the Uniform Guidance and Rules of the Auditor General. Programs tested as major federal programs included awards from the U.S. Department of Justice and the U.S. Department of Health and Human Services with fiscal year 2024 expenditures totaling $1,144,355. Programs tested ensure coverage of at least 40 percent of federally granted funds. The project tested as major state project included awards from the Florida Department Elder Affairs with fiscal year 2024 expenditures totaling $1,027,114. 4. Contingencies Grant monies received and disbursed by Legal Aid Society of Palm Beach County, Inc. are subject to review by the grantor agencies. Such audits may result in requests for reimbursement due to disallowed expenditures. Based upon prior experience, Legal Aid Society of Palm Beach County, Inc. does not believe that such disallowance, if any, would have a material effect on the financial position of Legal Aid Society of Palm Beach County, Inc. As of September 30, 2024, there were no material questioned or disallowed costs as a result of grant audits in process or completed. 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 AMENDED AND RESTATED BYLAWS OF LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. (A CORPORATION NOT FOR PROFIT ) ARTICLE I NAME, OBJECT, AND ORGANIZATION Section 1. NAME: The name of this Corporation is the LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. Section 2. OBJECTS: The general nature, objects and purposes of this Corporation are: To provide or help provide legal services for economically or otherwise disadvantaged persons and groups in Palm Beach County, Florida; To promote compliance with the fulfillment of the attorney’s Rules of Professional Conduct by soliciting and encouraging the support of local attorneys; To ensure that no qualified applicant will be denied legal counsel and/or representation in civil legal matters solely because of inability to pay for such services; To establish, conduct, manage, promote, and otherwise support projects which will increase community understanding of individual legal rights, remedies, and responsibilities, and to publicize the availability of legal services by any and all methods consistent with high ethical standards of the legal profession; To provide or help provide legal assistance to non-profit 501(c)(3) organizations in Palm Beach County, Florida, which primarily serve the low-income community;  Amends revised Bylaws dated July 20, 1978 and subsequent amendments dated February 28, 1979, May 21, 1981, December 12, 1991, April 27, 1998, August 25, 1999 September 29, 1999. November 14, 2001, September 15, 2008, February 22, 2011, October 30, 2012, May 24, 2016, May 26, 2020, October 27, 2020 and April 30, 2024. DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 410 2 To accept and seek financial and other forms of support from agencies of Federal, State, and/or Local Governments, or from corporations, trusts, partnerships, or persons, in order to carry- out the objects of the Corporation; To have and exercise all of the corporate powers enumerated in Section 617.021, Florida Statutes, and all other powers consistent therewith, including all powers implicit in the objects outlined in this article, necessary and proper to the operation of this Corporation. Section 3. POWERS: The Corporation shall have the power, either directly or indirectly, either alone or in conjunction or cooperation with others, to do any and all lawful acts and things to engage in any and all lawful activities which may be necessary, or convenient to effect any or all of the objects for which the Corporation is organized, and to aid or assist other organizations whose activities are such as to further accomplish, foster, or attain any of such purposes. The powers of the Corporation shall include, but not be limited to, the acceptance of contributions from both the public and private sectors, whether financial or in-kind contributions. Notwithstanding anything herein to the contrary, the Corporation shall exercise its powers only in furtherance of exempt purposes as such terms are defined in Section [501(c)(3)] of the Code and the regulations promulgated thereunder. Section 4. ORGANIZATION: This organization is a non-profit, non-political and nonpartisan corporation existing under and by virtue of a Charter granted by the Circuit Court in and for Palm Beach County, Florida on May 6, 1949 and incorporated under the laws of the State of Florida on November 4, 1970. Section 5. NON-PROFIT STATUS: The Corporation is a non-profit organization, and no part of the net earnings of the Corporation shall inure to the benefit of or be distributable to, any Director, officer, or other private person, except that the Corporation shall be authorized and DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 411 3 empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the Articles of Incorporation and these Bylaws. In the event of any liquidation or dissolution of the Corporation, the Board of Directors shall distribute all of the assets of the Corporation for one or more exempt purposes within the meaning of Section 501(c)(3) of the Code, or to the United States of America, any State thereof, or any political subdivision of any State, for exclusively public purposes, as the Board of Directors of the Corporation shall determine. ARTICLE II MEMBERSHIP The Legal Aid Society of Palm Beach County, Inc., is not a membership organization. ARTICLE III DIRECTORS Section 1. QUALIFICATIONS: Directors shall be selected from: a. Attorneys practicing in Palm Beach County who are in good standing with the Florida Bar, b. Such other persons and organizations who are interested in the delivery of civil legal assistance to economically, or otherwise disadvantaged persons, and who are residents of or have their principal offices in Palm Beach County, Florida. Section 2. BOARD OF DIRECTORS: The property, affairs and business of the Corporation shall be managed and its corporate powers exercised by a board of not more than thirty-five (35) Directors. A majority of the Directors shall practice law in Palm Beach County and at least four (4) directors shall be non-attorneys. Of the total board, at least one (1) director shall reside or have his or her principal office in each of the following areas: South County area (sout h DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 412 4 of Lantana Road), North County area (north of Blue Heron Boulevard) and the West County area (west of State Road #7 [441]). The board shall include one (1) member with substantial financial management and/or accounting experience. One (1) of the thirty-five (35) directors shall include the Executive Director of the Palm Beach County Bar Association or a member of its Board of Directors. In essence, the composition of the Board should be representative of the diverse segments of the Palm Beach County Community. Section 3. ELECTION: Directors shall be elected by a majority vote of the Board of Directors of the Corporation upon recommendation of the Board’s Nominating Committee. Nominations may be submitted by any person qualified for election as a Director, in accordance with the provisions of Section 1 of this Article. Section 4. TERM OF OFFICE: The term of office for each Director shall be three (3) years, or until his or her successor is elected or appointed. However, if a Director becomes an officer at any time during his or her term, that Director’s term shall be tolled during the time they serve as an officer. Directors can serve for three (3) consecutive terms and shall be eligible to reapply for a Director position after having been off the board for a minimum of one year. Upon recommendation of the Nominating Committee, the Board of Directors by a two-thirds (2/3) vote of those present may waive the term limit requirement for a board member. Section 5. DUTIES OF THE BOARD OF DIRECTORS: The Board of Directors shall have control and general management of the affairs and business of the Corporation, shall determine the policies of the Corporation, and shall adopt rules, regulations and guidelines which it deems necessary and proper to carry out its policies and its duties, but not inconsistent with these Bylaws, nor with the Laws of the State of Florida. The Board has the fiduciary responsibility for the Corporation, and its duties include, but are not limited to, the hiring of the Executive Director, DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 413 5 election and removal of officers, approval of financial policies, approval of the annual budget, approval of the selection of the independent auditor and review and acceptance of the annual audit, the appointment of legal counsel and the meeting of the required conflict of interest standards. In particular the Board of Directors shall: a. Promulgate and publicize clear standards and procedures for determining the financial eligibility of applicants, taking into account relevant factors such as net income, assets, obligations, family size, health, cost of living standards, and the availability of private attorneys to handle the matter; b. Not interfere in any way with the attorney in carrying out his or her professional responsibility to clients as established in the Rules of Professional Conduct of the Florida Bar; c. Impose no arbitrary restrictions that limit civil legal assistance either by forum or parties, although the Board may determine, because of limited resources and personnel, to implement a rational system of case load control; d. Carry out those other functions as are contained elsewhere in these Bylaws. Section 6. DIRECTORS MEETINGS: Meetings of the Board of Directors shall be held at least six (6) times per year. Special meetings of the Board of Directors may be called by the President or Executive Director at any time and shall be called by the President, Executive Director, or Secretary upon the written request of five (5) Directors. Section 7. NOTICE OF MEETINGS: Notice of regular meetings shall be given by regular mail, postage prepaid to the post office address of each Director, or by email via an email address provided by the Director, or by other such method as the Board may determine from time to time, at least three (3) days before the date designated for such meeting. Special meeting notices DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 414 6 shall be given by regular mail, postage prepaid to the post office address of each Director at least two (2) days before the date designated for such meeting. The notice shall specify the time and place of such meeting, and the business to be brought before the meeting. A statement contained in the minutes of any meeting of the Directors over the signature of the Secretary to the effect that due notice of such meeting has been given shall be conclusive evidence that proper notice of such meeting has been given in one of the ways provided herein. Any meeting of the Board of Directors may be held by means of a telephone conference circuit, and connection to such circuit shall constitute attendance at such meeting. Section 8. QUORUM: The presence of twelve (12) of the members of the Board of Directors then serving shall be necessary at any meeting of the Board to constitute a quorum to transact business. The act of a majority of Directors present at a meeting when a quorum is present shall be the act of the Board of Directors. In the absence of a quorum, a majority of the Directors present may adjourn any meeting from time to time until there is a quorum. Notice of any adjourned meeting need not be given. The Directors shall act only as a Board and the individual Directors shall have no power as such. Section 9. VOTING: At all meetings of the Board of Directors each director shall have one (1) vote on each issue voted upon. Unless otherwise provided by the Bylaws, or by resolution of the Board, all elections shall be held and all questions decided by a majority vote of the directors present. Section 10. RESIGNATION: Any Director of the Corporation may resign at any time by giving written notice to the Board of Directors, the President, or the Secretary of the Corporation. The resignation of any Director shall take effect at the time specified therein; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 415 7 Section 11. VACANCIES: Vacancies on the Board occurring between annual elections shall be filled for the unexpired portion of the term by election by the Board. Section 12. REMOVAL OF DIRECTORS AND OFFICERS: Any Director or officer may be removed from office or from the Board by the affirmative vote of a majority of the directors wherever, in the Board’s judgment, the best interests of the Corporation would be served thereby. Any such director or officer proposed to be removed shall be entitled to at least five (5) days notice in writing by mail of the meeting at which such removal is to be voted upon and shall be entitled to appear before and be heard at such meeting, at which time said director may present witnesses on his or her behalf and present defenses as he or she shall deem advisable. Failure to attend three (3) consecutive meetings or 50% of meetings within any fiscal year, absent extraordinary circumstances as determined by the Board, shall constitute cause for removal of a Director. Section 13. STANDING COMMITTEES: The Board of Directors shall establish such committees as may be needed to run the corporation. Such standing committees shall be as follows: A. The Executive Committee. The Executive Committee shall be composed of all officers and other Board members deemed necessary by the President, who shall have and exercise the authority of the Board of Directors, in the management of the business of the Corporation between meetings of the board and subject to the limitations imposed by the Florida Not-for-Profit Corporation Act; B. The Audit Committee shall be responsible for selecting the agency’s auditor and shall meet a minimum of one time per year to review the audit and present it to the full board for review and acceptance. One member of the Audit Committee shall not be a member of the Board of Directors. DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 416 8 C. The Finance Committee shall be chaired by the Treasurer and responsible for the financial operation and continued solvency of the Corporation; D. Human Resources Committee, which shall include, but not be limited to, reviewing and approving personnel policies and changes to existing policies and reviewing all human resources related materials so as to assure the Corporation’s compliance with all state and federal labor and employment laws; E. Nominating Committee, which shall review all applications for nomination of individuals to the Board of Directors and make recommendations to the Board of such persons as the majority of the Nominating Committee selects and present a slate of officers to the Board of Directors at its annual meeting; F. Resource Development Committee, which shall oversee all fundraising activities, resource and asset procurement, and work directly with the Development Director and staff; and G. Long-Term Planning Committee, which shall review and update the five year plan outlining the goals and objectives of the Corporation; the projected capital, personnel and equipment related long term needs of the Corporation; and how those goals and objectives will be achieved for the continued fiscal viability of the Corporation. In order that no action is taken without the acknowledgment of the Board of Directors, all actions of the committees shall be deemed recommendations only and shall take effect only upon the approval of a majority of members of the Board of Directors at any meeting where such recommendations are presented. The Board of Directors shall have the authority to establish such other committees which they deem necessary for the successful operation of the corporation. All committee members and DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 417 9 their chairpersons shall be appointed by the President of the Board of Directors following each annual meeting and thereafter as the President or a majority of the Board of Directors deems fit. Section 14. GENERAL STANDARDS FOR DIRECTORS: A Director shall discharge his or her duties as a Director, including his or her duties as a member of a committee: (a) in good faith; (b) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (c) in a manner he or she reasonably believes to be in the best interest of the Corporation. In discharging his or her duties, a Director may rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by (a) one or more officers or employees of the Corporation whom the Director reasonably believes to be reliable and competent in the matters presented; (b) legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the person’s professional or expert competence; or (c) a committee of the Board of Directors of which he or she is not a member if the Director reasonably believes the committee merits confidence. A Director is not acting in good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted unwarranted. A Director is not liable for any action taken as a Director, or any failure to take any action, if he or she performed the duties of his or her office in compliance with this section. Section 15. DIRECTOR CONFLICTS OF INTEREST: No contract or other transaction between the Corporation and one or more of its Directors or any other corporation, firm, association, or entity in which one or more of its Directors are directors or officers or are financially interested, shall be either void or voidable because of such relationship or interest, because such Director or Directors are present at the meeting of the Board of Directors or a committee thereof DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 418 10 which authorizes, approves, or ratifies such contract or transaction, or because his or her or their vote(s) are counted for such purpose, if (a) the fact of such relationship or interest is disclosed or known to the Board of Directors or committee which authorizes, approves, or ratifies the contract by a vote or consents of such interested Directors; (b) the fact of such relationship or interest is disclosed or known to the directors entitled to vote on such contract or transaction, if any, and they authorize, approve, or ratify if by vote or written consent; or (c) the contract or transaction is fair and reasonable to the Corporation at the time it is authorized by the board. Common or interested Directors may be counted in determining the presence of a quorum at a meeting of the Board of Directors or a committee thereof which authorizes, approves, or ratifies such contract or transaction. Section 16. BOARD OF TRUSTEES: The Corporation shall have a Board of Trustees consisting of all past Board Chairs and those Directors of the Corporation who have been elected to the Board of Trustees by the Board of Directors. The functions of the Trustees shall be to assist in such business of the Corporation as requested by the President of the Board of Directors and/or the Board of Directors and to support the events and policies of the Corporation. The President of the Board of Directors shall also serve as the presiding officer over the Board of Trustees. The Board of Trustees shall serve in an advisory capacity only and shall have no fiduciary powers, voting or other rights of a Director. The Board of Directors shall have the power to remove any Trustee from the Board of Trustees for any reason. The Trustees shall be expected to attend the Corporation’s Annual Meeting. DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 419 11 ARTICLE IV WAIVER OF NOTICE; UNANIMOUS CONSENT Section 1. WAIVER OF NOTICE: Notice of the time, place and purpose of any meeting of the Board of Directors of the Corporation may be waived in writing by any Director of the Corporation either before or after such meeting; and attendance in person at a meeting of the Board of Directors shall be equivalent to having waived notice thereof. Section 2. UNANIMOUS CONSENT OF DIRECTORS: Insofar as permitted by law and unless otherwise restricted by the Articles of Incorporation or these Bylaws, any action required or permitted to be taken at any meeting of the Board of Directors of the Corporation may be taken without a meeting if prior to such action a written consent thereto is signed by all Directors and such written consent is filed with the records of the Corporation. ARTICLE V OFFICERS Section 1. OFFICERS: The officers of this Corporation shall be Directors and shall consist of the President, Immediate Past President, Vice President, Secretary, and Treasurer and such other officers and employees as the Board may deem necessary. Section 2. ELECTION OF OFFICERS: The Board of Directors, at its annual meeting, shall elect a President, a Vice President, a Secretary and a Treasurer from a slate of candidates offered by the Board’s Nominating Committee. Nominations shall also be taken from the floor. The Board shall have the power to appoint such other officers as it deems necessary and fill any vacancy in any office, occurring for any reason whatsoever. The annual meeting to elect officers of the Board of Directors shall take place the last month of the fiscal year or at such other time as the Board of Directors designates. DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 420 12 Section 3. TERM OF OFFICE: Officers shall serve one (1) year terms and may be re- elected for additional terms of office so long as they do not serve the same office more than two (2) consecutive one (1) year terms, unless otherwise approved by a two-thirds (2/3) vote of the Board of Directors. Officers can be removed as provided in Article III, Section 12. Section 4. PRESIDENT: The President, or his or her designee, shall preside at all meetings of the Board of Directors and shall be the administrative head of this organization, exercising the general supervision of its affairs. The President shall act as the Corporations ’ spokesperson and representative in any matters pertaining to the activities of the Corporation. He or she shall enforce the Bylaws and perform all duties incident to the position and office, and which are required by law. The President may delegate to the Executive Director whichever of such duties are deemed suitable. Section 5. IMMEDIATE PAST PRESIDENT: The Immediate Past President shall give counsel and advice to the President and Board of Directors and serve as a member of the Executive Committee. Section 6. VICE PRESIDENT: During the absence or inability of the President to render and perform his or her duties or exercise said powers, as set forth in these Bylaws, the Vice President shall have all the powers and be subject to all the responsibility herein given to and imposed upon the President. Section 7. SECRETARY: The Secretary shall be responsible for seeing the minutes of the meetings of the Board of Directors are kept and all notices of the Corporation are served. The Secretary shall be the custodian of the records and of the seal, affix the seal when required, shal l present to the Board of Directors at its meetings all communications addressed to the Corporation, and shall attend to all correspondence and perform all of the duties incident to the office of DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 421 13 Secretary. The Executive Director employed by this Corporation shall assist the Secretary with all of the aforesaid duties. Section 8. TREASURER: The Treasurer shall work with the Executive Director and other appropriate staff to develop and monitor financial policies and procedures and the annual budget and to perform such other duties as are prescribed by the Board of Directors or President. ARTICLE VI EXECUTIVE DIRECTOR Section 1. EXECUTIVE DIRECTOR: The Board of Directors is authorized and empowered to employ an Executive Director, who shall be an attorney who is licensed to practice law in the State of Florida and who has practiced law in any state for a minimum of five (5) years and who shall carry out the duties herein prescribed. The Board of Directors shall pay the Executive Director such reasonable compensation as it, within its discretion, deems advisable. Section 2. DUTIES: The Executive Director shall perform the following duties: a. Assist all officers of the Corporation, and shall attend all meetings of the Board of Directors, and shall perform such duties as the President of the Corporation may delegate to him or her. b. Notify all parties concerned of meetings of the Board of Directors in writing, as prescribed elsewhere in these Bylaws. c. Hire and supervise all staff personnel for the purpose of providing legal assistance to the qualified applicants. d. Manage and direct all offices which the Corporation may open and utilize for the screening of legal aid applicants and the dispensing of legal assistance to the qualified applicants. DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 422 14 e. Serve as publicity representative of the Corporation, and shall be charged with securing suitable publicity concerning the activities of the Corporation and the availability of legal services to be provided by the Corporation to qualified applicants. f. It shall be the policy of the Corporation not to: 1. Provide legal assistance with respect to any case generating an attorney fee from the opposing party where a private attorney is willing to represent that individual. However, in the event two (2) private attorneys reject the individual’s case, or in those circumstances when the case is not of the type taken by private attorneys in the community, then the Corporation can accept representation and attorney’s fees; 2. Provide criminal legal defense with respect to individuals charged with crimes. g. Ensure that applicants who are not eligible for legal assistance by this Corporation are informed of the Lawyer Referral Service of the Palm Beach County Bar Association. The Corporation shall cooperate with the Palm Beach County Bar Association in the promotion and referral of clients to the Lawyer Referral Service. h. Ensure that no recipient of legal services from the Corporation shall be charged any fee for the services provided, except that recipients are encouraged to absorb expenses incident to the conduct of their legal affairs, including but not limited to, court costs, service of process costs, discovery costs, and long distance telephone expenses. DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 423 15 i. Manage and direct the screening of applicants for legal aid services in compliance with the client eligibility guidelines, rules, and regulations established by the Board of Directors. j. Ensure the monitoring and evaluation of the caseload of staff attorneys to ensure that qualified applicants receive quality legal assistance and maintain a pro bono program to handle eligible clients whose legal problems cannot be handled by staff attorneys. k. Ensure the maintenance of the records of the legal services provided by the Corporation which indicates the number of persons interviewed; final disposition of each client, whether handled by a staff attorney or referred to a pro bono attorney, and shall submit a monthly report in writing to the Board of Directors covering the information. Progress dockets shall be maintained on all active cases, and will include an application form signed by the client for legal aid services. ARTICLE VII REMUNERATION AND ATTORNEY’S FEES Section 1. The directors and officers of this Corporation shall perform their duties without compensation or remuneration for their services as such. Section 2. The Executive Director and all other staff personnel shall receive reasonable compensation for their services to be paid by the Corporation. Section 3. Neither the Executive Director, staff attorneys, nor any other staff person shall at any time charge a legal aid client a fee for services rendered to the client. This shall not be construed to inhibit or prohibit staff attorneys from requesting that a Court award attorney’s fees DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 424 16 in a given legal aid case, but said award shall be handled in accordance with the provisions of Section 5 of this Article. Section 4. Attorneys who practice law in Palm Beach County shall donate their services or make a financial contribution to the Corporation as a public service to economically, or otherwise disadvantaged persons residing in or having legal affairs pending in Palm Beach County. Attorneys shall not charge legal aid clients for legal services. This shall not be construed to inhibit or prohibit attorneys from requesting that a Court award attorney’s fees in a given legal aid case, but said award shall be handled in accordance with the provisions of Section 5 of this Article. Section 5. In any cause undertaken by this Corporation on behalf of a client for legal aid services, where an award is made by the Court requiring a party other than the legal aid client to pay attorney’s fees, the legal aid staff attorney shall immediately upon collection of said fee, remit it to the Executive Director of the Corporation who shall deposit such monies to the general credit of the Corporation for the furtherance of its work, When an attorney from the private bar collects a court awarded fee, he or she, shall be entitled to keep the fee, however, he or she shall notify the Legal Aid Society’s office upon receipt of the fee. Upon collection of a fee for such a case, the private attorney shall not be given credit for representing a legal aid client, unless said fee is returned to the Corporation. Section 6. Nothing herein shall prohibit a Legal Aid attorney, whether staff attorney or pro bono attorney, from encouraging reimbursement for expenses incident to litigation such as court costs, service of process costs, and discovery costs from the legal aid client on a voluntary basis. DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 425 17 ARTICLE VIII LOANS TO DIRECTORS AND OFFICERS Loans may not be made by the Corporation to its Directors or officers, or to any other corporation, firm association, or other entity in which one or more of its Directors, officers, or employees is a director, officer or employee or holds a substantial financial interest. A loan made in violation of this section is a violation of the duty to the Corporation of the Directors or officers authorizing it or participating in it, but the obligation of the borrower with respect to the loan may not be affected thereby. ARTICLE IX INDEMNIFICATION The Corporation will, pursuant to Section 617.0831 of the Florida Not-For-Profit Corporation Act or any successor indemnification provision, and to the extent legally permissible and only to the extent that the status of the Corporation as a corporation exempt under Section 501(c)(3) of the Code is not affected thereby, indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that he or she is or was a Director, committee members, officer, employee or agent of the Corporation (or is or was serving at the request of the Corporation as a trustee, director, officer, partner, employee or agent of another corporation, partnership, joint venture, trust or other enterprise), against all liabilities and expenses (including attorneys’ fees), judgments, penalties, fines, settlements and reasonable expenses actuall y incurred by the person in connection with any such action, suit or proceeding. Expenses, including counsel fees, reasonably incurred by any such Director, committee members, officer, employee or agent in connection with the defense or disposition of any such action, suit or other DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 426 18 proceeding may be paid from time to time by the Corporation in advance of the final disposition thereof upon receipt of an undertaking by such Director, committee members, officer, agent or employee to repay the amounts so paid to the Corporation if it is ultimately determined that indemnification is not authorized hereunder. The right of indemnification hereby provided shall not be exclusive of or affect any other rights to which any Director, committee members, officer, employee or agent may be entitled. Nothing contained herein shall affect any rights to indemnification to which corporate personnel other than Directors or officers may be entitled by contract or otherwise under law. As used in this paragraph, the terms “Director” and “officer” include their respective heirs, executors and administrators, and a “disinterested” director is one against whom in such capacity the proceeding in question or another proceeding of the same or similar grounds is not then pending. The Board of Directors of the Corporation may authorize the Corporation to purchase and maintain insurance on behalf of any person who is or was a Director, committee members, officer, employee or agent of the Corporation, or is or was serving at the request of the Corporation as a trustee, director, officer, partner, employee or agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise, against any liability asserted against such person and incurred by such person in any such capacity or arising out of his or her status as such. No Director or officer of the Corporation shall be liable to the Corporation for monetary damages for breach of fiduciary duty as a Director or officer, except to the extent such exemption from liability or limitation thereof is not permitted under the Florida Statutes as the same exist or may hereafter be amended. As used in this paragraph, the terms “Director” and “officer” include their respective heirs, executors and administrators. DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 427 19 ARTICLE X FISCAL YEAR The Fiscal Year of the Corporation shall commence on the first day of October and end on the last day of September. ARTICLE XI RULES OF ORDER “ROBERT’S RULES OF ORDER” latest revised edition, shall be parliamentary authority for all meetings and matters not specifically covered by these Bylaws. ARTICLE XII SEAL The seal of the Corporation shall contain the words: LEGAL AID SOCIETY OF PALM BEACH COUNTY, INCORPORATED FLORIDA 1949. The words shall be suitably arranged upon a circular seal, as prescribed by law, and said seal shall be in the charge of the Secretary. ARTICLE XIII AMENDMENTS TO BYLAWS The Board of Directors may make, amend, alter, revise, or rescind these Bylaws, from time to time, in whole or in part, by a majority vote of the Board of Directors of the Corporation present at any meeting of the Board duly called and convened, at which a quorum is present. [See Next Page for Signatures] DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 428 20 We the undersigned do hereby certify that the foregoing AMENDED and RESTATED BYLAWS were duly adopted by the Corporation at a meeting duly held and called on the day of April 30, 2024. LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. By: MICHELLE R. SUSKAUER, President, Board of Directors By: SCOTT C. MURRAY, Secretary, Board of Directors Attest: ROBERT A. BERTISCH, Executive Director DocuSign Envelope ID: 910615D5-760B-489F-957F-4A8398453FF6 429 PUBLIC DISCLOSURE COPY ( Not for IRS Filing ) 430 431 Code:Expenses $including grants of $Revenue $ Code:Expenses $including grants of $Revenue $ Code:Expenses $including grants of $Revenue $ Expenses $including grants of $Revenue $ 232002 12-13-22 1 2 3 4 Yes No Yes No 4a 4b 4c 4d 4e Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part III Briefly describe the organization's mission: Did the organization undertake any significant program services during the year which were not listed on the prior Form 990 or 990-EZ? If "Yes," describe these new services on Schedule O. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization cease conducting, or make significant changes in how it conducts, any program services? If "Yes," describe these changes on Schedule O. ~~~~~~ Describe the organization's program service accomplishments for each of its three largest program services, as measured by expenses. Section 501(c)(3) and 501(c)(4) organizations are required to report the amount of grants and allocations to others, the total expenses, and revenue, if any, for each program service reported. () ()() () ()() () ()() Other program services (Describe on Schedule O.) ()() Total program service expenses Form (2022) 2 Statement of Program Service AccomplishmentsPart III 990 To provide high quality civil legal advice, representation, and X X education to the disadvantaged of Palm Beach County so as to protect 4,585,706. children from birth to age 12 and their siblings who are placed in County, Inc.59-6046994 Legal Aid Society of Palm Beach their personal safety, improve their lifestyle, living conditions and promote self-sufficiency. The Foster Children's Project - The Children Advocacy represents licensed custody of the State of Florida. Following appointment by the Juvenile Court, Foster Children's Project attorneys represent children in all court and administrative proceedings to keep them safe from abuse and neglect and to ensure that they reach permanent placement 2,320,142.500. The Fair Housing Project - The Individual Rights Advocacy project either with their biological parents or adoptive parents within a 12-month timeframe. During FY 2022-2023, Foster Children's Project attorneys represented 458 clients in foster care. provides community outreach, education, advocacy and enforcement activities with regard to fair housing laws to ensure that no one in Palm Beach, Martin, Okeechobee, Hendry and St. Lucie counties is denied housing on the basis of race, sex, color, religion, national origin, 2,002,025. The Elder Law Project - Elder Advocacy provides legal advice, handicap, familial status, sexual orientation, age, marital status, or gender identity and expression. In addition to representing victims of fair housing discrimination, the Fair Housing Project also represents tenants facing eviction to ensure their rights provided under the Florida Landlord Tenant Act are enforced. In FY 2022-23, Legal Aid's Fair Housing Project staff served 1,580 clients. consultation, education and representation to economically and socially disadvantaged seniors (55+) in the areas of elderly abuse and exploitation, housing law, real property law, consumer law, guardianship matters, family law, and government benefits (Social Security, Supplemental Security Income [SSI] Medicare and Medicaid). In 11,530,176. 2,622,303.169,695.196,121. FY 2022-2023, Legal Aid's Elder Law Project staff served 1,443 socially and economically disadvantaged seniors in our community. X 3 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 432 232003 12-13-22 Yes No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 2 3 4 5 6 7 8 9 10 Section 501(c)(3) organizations. a b c d e f a b 11a 11b 11c 11d 11e 11f 12a 12b 13 14a 14b 15 16 17 18 19 20a 20b 21 a b 20 21 a b If "Yes," complete Schedule A Schedule B, Schedule of Contributors If "Yes," complete Schedule C, Part I If "Yes," complete Schedule C, Part II If "Yes," complete Schedule C, Part III If "Yes," complete Schedule D, Part I If "Yes," complete Schedule D, Part II If "Yes," complete Schedule D, Part III If "Yes," complete Schedule D, Part IV If "Yes," complete Schedule D, Part V If "Yes," complete Schedule D, Part VI If "Yes," complete Schedule D, Part VII If "Yes," complete Schedule D, Part VIII If "Yes," complete Schedule D, Part IX If "Yes," complete Schedule D, Part X If "Yes," complete Schedule D, Part X If "Yes," complete Schedule D, Parts XI and XII If "Yes," and if the organization answered "No" to line 12a, then completing Schedule D, Parts XI and XII is optional If "Yes," complete Schedule E If "Yes," complete Schedule F, Parts I and IV If "Yes," complete Schedule F, Parts II and IV If "Yes," complete Schedule F, Parts III and IV If "Yes," complete Schedule G, Part I. If "Yes," complete Schedule G, Part II If "Yes," complete Schedule G, Part III If "Yes," complete Schedule H If "Yes," complete Schedule I, Parts I and II Form 990 (2022)Page Is the organization described in section 501(c)(3) or 4947(a)(1) (other than a private foundation)? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Is the organization required to complete ? See instructions Did the organization engage in direct or indirect political campaign activities on behalf of or in opposition to candidates for public office? ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization engage in lobbying activities, or have a section 501(h) election in effect during the tax year? Is the organization a section 501(c)(4), 501(c)(5), or 501(c)(6) organization that receives membership dues, assessments, or similar amounts as defined in Rev. Proc. 98-19? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~ Did the organization maintain any donor advised funds or any similar funds or accounts for which donors have the right to provide advice on the distribution or investment of amounts in such funds or accounts? Did the organization receive or hold a conservation easement, including easements to preserve open space, the environment, historic land areas, or historic structures? Did the organization maintain collections of works of art, historical treasures, or other similar assets? ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report an amount in Part X, line 21, for escrow or custodial account liability, serve as a custodian for amounts not listed in Part X; or provide credit counseling, debt management, credit repair, or debt negotiation services? Did the organization, directly or through a related organization, hold assets in donor-restricted endowments or in quasi endowments? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If the organization's answer to any of the following questions is "Yes," then complete Schedule D, Parts VI, VII, VIII, IX, or X, as applicable. Did the organization report an amount for land, buildings, and equipment in Part X, line 10? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report an amount for investments - other securities in Part X, line 12, that is 5% or more of its total assets reported in Part X, line 16? Did the organization report an amount for investments - program related in Part X, line 13, that is 5% or more of its total assets reported in Part X, line 16? ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report an amount for other assets in Part X, line 15, that is 5% or more of its total assets reported in Part X, line 16? Did the organization report an amount for other liabilities in Part X, line 25? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~ Did the organization's separate or consolidated financial statements for the tax year include a footnote that addresses the organization's liability for uncertain tax positions under FIN 48 (ASC 740)? Did the organization obtain separate, independent audited financial statements for the tax year? ~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Was the organization included in consolidated, independent audited financial statements for the tax year? ~~~~~ Is the organization a school described in section 170(b)(1)(A)(ii)? Did the organization maintain an office, employees, or agents outside of the United States? ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~ Did the organization have aggregate revenues or expenses of more than $10,000 from grantmaking, fundraising, business, investment, and program service activities outside the United States, or aggregate foreign investments valued at $100,000 or more? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report on Part IX, column (A), line 3, more than $5,000 of grants or other assistance to or for any foreign organization? Did the organization report on Part IX, column (A), line 3, more than $5,000 of aggregate grants or other assistance to or for foreign individuals? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report a total of more than $15,000 of expenses for professional fundraising services on Part IX, column (A), lines 6 and 11e? See instructions ~~~~~~~~~~~~~~~~~~~~ Did the organization report more than $15,000 total of fundraising event gross income and contributions on Part VIII, lines 1c and 8a? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report more than $15,000 of gross income from gaming activities on Part VIII, line 9a? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization operate one or more hospital facilities? ~~~~~~~~~~~~~~~~~ If "Yes" to line 20a, did the organization attach a copy of its audited financial statements to this return?~~~~~~~~~~ Did the organization report more than $5,000 of grants or other assistance to any domestic organization or domestic government on Part IX, column (A), line 1? ~~~~~~~~~~~~~~ Form (2022) 3 Part IV Checklist of Required Schedules 990 X X X X X X X X X X X X X X X X X X X X X Legal Aid Society of Palm Beach X X X X X X X County, Inc.59-6046994 4 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 433 232004 12-13-22 Yes No 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 22 23 24a 24b 24c 24d 25a 25b 26 27 28a 28b 28c 29 30 31 32 33 34 35a 35b 36 37 38 a b c d a b Section 501(c)(3), 501(c)(4), and 501(c)(29) organizations. a b c a b Section 501(c)(3) organizations. Note: Yes No 1 a b c 1a 1b 1c (continued) If "Yes," complete Schedule I, Parts I and III If "Yes," complete Schedule J If "Yes," answer lines 24b through 24d and complete Schedule K. If "No," go to line 25a If "Yes," complete Schedule L, Part I If "Yes," complete Schedule L, Part I If "Yes," complete Schedule L, Part II If "Yes," complete Schedule L, Part III If "Yes," complete Schedule L, Part IV If "Yes," complete Schedule L, Part IV If "Yes," complete Schedule L, Part IV If "Yes," complete Schedule M If "Yes," complete Schedule M If "Yes," complete Schedule N, Part I If "Yes," complete Schedule N, Part II If "Yes," complete Schedule R, Part I If "Yes," complete Schedule R, Part II, III, or IV, and Part V, line 1 If "Yes," complete Schedule R, Part V, line 2 If "Yes," complete Schedule R, Part V, line 2 If "Yes," complete Schedule R, Part VI Form 990 (2022)Page Did the organization report more than $5,000 of grants or other assistance to or for domestic individuals on Part IX, column (A), line 2? ~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization answer "Yes" to Part VII, Section A, line 3, 4, or 5, about compensation of the organization's current and former officers, directors, trustees, key employees, and highest compensated employees? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization have a tax-exempt bond issue with an outstanding principal amount of more than $100,000 as of the last day of the year, that was issued after December 31, 2002? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization invest any proceeds of tax-exempt bonds beyond a temporary period exception? Did the organization maintain an escrow account other than a refunding escrow at any time during the year to defease any tax-exempt bonds? Did the organization act as an "on behalf of" issuer for bonds outstanding at any time during the year? ~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~ Did the organization engage in an excess benefit transaction with a disqualified person during the year? Is the organization aware that it engaged in an excess benefit transaction with a disqualified person in a prior year, and that the transaction has not been reported on any of the organization's prior Forms 990 or 990-EZ? ~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report any amount on Part X, line 5 or 22, for receivables from or payables to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entity or family member of any of these persons?~~~~~~~~~~~~~ Did the organization provide a grant or other assistance to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor or employee thereof, a grant selection committee member, or to a 35% controlled entity (including an employee thereof) or family member of any of these persons? ~~~ Was the organization a party to a business transaction with one of the following parties (see the Schedule L, Part IV, instructions for applicable filing thresholds, conditions, and exceptions): A current or former officer, director, trustee, key employee, creator or founder, or substantial contributor? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A family member of any individual described in line 28a? A 35% controlled entity of one or more individuals and/or organizations described in line 28a or 28b? ~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization receive more than $25,000 in non-cash contributions? Did the organization receive contributions of art, historical treasures, or other similar assets, or qualified conservation contributions? ~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization liquidate, terminate, or dissolve and cease operations? Did the organization sell, exchange, dispose of, or transfer more than 25% of its net assets? ~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization own 100% of an entity disregarded as separate from the organization under Regulations sections 301.7701-2 and 301.7701-3? Was the organization related to any tax-exempt or taxable entity? ~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization have a controlled entity within the meaning of section 512(b)(13)? If "Yes" to line 35a, did the organization receive any payment from or engage in any transaction with a controlled entity within the meaning of section 512(b)(13)? ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~ Did the organization make any transfers to an exempt non-charitable related organization? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization conduct more than 5% of its activities through an entity that is not a related organization and that is treated as a partnership for federal income tax purposes? ~~~~~~~~ Did the organization complete Schedule O and provide explanations on Schedule O for Part VI, lines 11b and 19? All Form 990 filers are required to complete Schedule O Check if Schedule O contains a response or note to any line in this Part V Enter the number reported in box 3 of Form 1096. Enter -0- if not applicable ~~~~~~~~~~~ Enter the number of Forms W-2G included on line 1a. Enter -0- if not applicable ~~~~~~~~~~ Did the organization comply with backup withholding rules for reportable payments to vendors and reportable gaming (gambling) winnings to prize winners? Form (2022) 4 Part IV Checklist of Required Schedules Part V Statements Regarding Other IRS Filings and Tax Compliance 990 X X X X X X X X X X X X County, Inc.59-6046994 Legal Aid Society of Palm Beach 66 0 X X X X X X X X X 5 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 434 232005 12-13-22 Yes No 2 3 4 5 6 7 a b 2a 2b 3a 3b 4a 5a 5b 5c 6a 6b 7a 7b 7c 7e 7f 7g 7h 8 9a 9b a b a b a b c a b Organizations that may receive deductible contributions under section 170(c). a b c d e f g h 7d 8 9 10 11 12 13 14 15 16 17 Sponsoring organizations maintaining donor advised funds. Sponsoring organizations maintaining donor advised funds. a b Section 501(c)(7) organizations. a b 10a 10b Section 501(c)(12) organizations. a b 11a 11b a b Section 4947(a)(1) non-exempt charitable trusts. 12a 12b Section 501(c)(29) qualified nonprofit health insurance issuers. Note: a b c a b 13a 13b 13c 14a 14b 15 16 17 Section 501(c)(21) organizations. ~~~~~~~~~~~~~~~~~~~ (continued) If "No" to line 3b, provide an explanation on Schedule O If "No," provide an explanation on Schedule O Did the organization receive a payment in excess of $75 made partly as a contribution and partly for goods and services provided to the payor? Form (2022) Form 990 (2022)Page Enter the number of employees reported on Form W-3, Transmittal of Wage and Tax Statements, filed for the calendar year ending with or within the year covered by this return ~~~~~~~~~~ If at least one is reported on line 2a, did the organization file all required federal employment tax returns?~~~~~~~~~~ Did the organization have unrelated business gross income of $1,000 or more during the year? If "Yes," has it filed a Form 990-T for this year? ~~~~~~~~~~~~~~ ~~~~~~~~~~ At any time during the calendar year, did the organization have an interest in, or a signature or other authority over, a financial account in a foreign country (such as a bank account, securities account, or other financial account)?~~~~~~~ If "Yes," enter the name of the foreign country See instructions for filing requirements for FinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR). Was the organization a party to a prohibited tax shelter transaction at any time during the tax year? Did any taxable party notify the organization that it was or is a party to a prohibited tax shelter transaction? ~~~~~~~~~~~~ ~~~~~~~~~ If "Yes" to line 5a or 5b, did the organization file Form 8886-T?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Does the organization have annual gross receipts that are normally greater than $100,000, and did the organization solicit any contributions that were not tax deductible as charitable contributions? If "Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible? ~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If "Yes," did the organization notify the donor of the value of the goods or services provided? Did the organization sell, exchange, or otherwise dispose of tangible personal property for which it was required to file Form 8282? ~~~~~~~~~~~~~~~ If "Yes," indicate the number of Forms 8282 filed during the year Did the organization receive any funds, directly or indirectly, to pay premiums on a personal benefit contract? ~~~~~~~~~~~~~~~~ ~~~~~~~ ~~~~~~~~~Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract? If the organization received a contribution of qualified intellectual property, did the organization file Form 8899 as required? If the organization received a contribution of cars, boats, airplanes, or other vehicles, did the organization file a Form 1098-C? ~ Did a donor advised fund maintained by the sponsoring organization have excess business holdings at any time during the year?~~~~~~~~~~~~~~~~~~~ Did the sponsoring organization make any taxable distributions under section 4966? Did the sponsoring organization make a distribution to a donor, donor advisor, or related person? ~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ Enter: Initiation fees and capital contributions included on Part VIII, line 12 Gross receipts, included on Form 990, Part VIII, line 12, for public use of club facilities ~~~~~~~~~~~~~~~ ~~~~~~ Enter: Gross income from members or shareholders Gross income from other sources. (Do not net amounts due or paid to other sources against amounts due or received from them.) ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Is the organization filing Form 990 in lieu of Form 1041? If "Yes," enter the amount of tax-exempt interest received or accrued during the year Is the organization licensed to issue qualified health plans in more than one state? See the instructions for additional information the organization must report on Schedule O. ~~~~~~~~~~~~~~~~~~~~~ Enter the amount of reserves the organization is required to maintain by the states in which the organization is licensed to issue qualified health plans Enter the amount of reserves on hand ~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization receive any payments for indoor tanning services during the tax year? If "Yes," has it filed a Form 720 to report these payments? ~~~~~~~~~~~~~~~~ ~~~~~~~~~ Is the organization subject to the section 4960 tax on payment(s) of more than $1,000,000 in remuneration or excess parachute payment(s) during the year? If "Yes," see the instructions and file Form 4720, Schedule N. Is the organization an educational institution subject to the section 4968 excise tax on net investment income? If "Yes," complete Form 4720, Schedule O. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~ Did the trust, or any disqualified or other person engage in any activities that would result in the imposition of an excise tax under section 4951, 4952 or 4953? If "Yes," complete Form 6069. 5 Part V Statements Regarding Other IRS Filings and Tax Compliance 990 X X X X X X X X X X X 179 County, Inc.59-6046994 Legal Aid Society of Palm Beach X 6 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 435 232006 12-13-22 Yes No 1a 1b 1 2 3 4 5 6 7 8 9 a b 2 3 4 5 6 7a 7b 8a 8b 9 a b a b Yes No 10 11 a b 10a 10b 11a 12a 12b 12c 13 14 15a 15b 16a 16b a b 12a b c 13 14 15 a b 16a b 17 18 19 20 For each "Yes" response to lines 2 through 7b below, and for a "No" response to line 8a, 8b, or 10b below, describe the circumstances, processes, or changes on Schedule O. See instructions. If "Yes," provide the names and addresses on Schedule O (This Section B requests information about policies not required by the Internal Revenue Code.) If "No," go to line 13 If "Yes," describe on Schedule O how this was done (explain on Schedule O) If there are material differences in voting rights among members of the governing body, or if the governing body delegated broad authority to an executive committee or similar committee, explain on Schedule O. Did the organization contemporaneously document the meetings held or written actions undertaken during the year by the following: Were officers, directors, or trustees, and key employees required to disclose annually interests that could give rise to conflicts? Form (2022) Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part VI Enter the number of voting members of the governing body at the end of the tax year Enter the number of voting members included on line 1a, above, who are independent ~~~~~~ ~~~~~~ Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other officer, director, trustee, or key employee?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization delegate control over management duties customarily performed by or under the direct supervision of officers, directors, trustees, or key employees to a management company or other person?~~~~~~~~~~~~~~~ Did the organization make any significant changes to its governing documents since the prior Form 990 was filed? Did the organization become aware during the year of a significant diversion of the organization's assets? Did the organization have members or stockholders? ~~~~~ ~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization have members, stockholders, or other persons who had the power to elect or appoint one or more members of the governing body? Are any governance decisions of the organization reserved to (or subject to approval by) members, stockholders, or persons other than the governing body? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The governing body? Each committee with authority to act on behalf of the governing body? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Is there any officer, director, trustee, or key employee listed in Part VII, Section A, who cannot be reached at the organization's mailing address? Did the organization have local chapters, branches, or affiliates? If "Yes," did the organization have written policies and procedures governing the activities of such chapters, affiliates, and branches to ensure their operations are consistent with the organization's exempt purposes? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ Has the organization provided a complete copy of this Form 990 to all members of its governing body before filing the form? Describe on Schedule O the process, if any, used by the organization to review this Form 990. Did the organization have a written conflict of interest policy? ~~~~~~~~~~~~~~~~~~~~~ ~~~~~~ Did the organization regularly and consistently monitor and enforce compliance with the policy? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization have a written whistleblower policy? Did the organization have a written document retention and destruction policy? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~ Did the process for determining compensation of the following persons include a review and approval by independent persons, comparability data, and contemporaneous substantiation of the deliberation and decision? The organization's CEO, Executive Director, or top management official Other officers or key employees of the organization If "Yes" to line 15a or 15b, describe the process on Schedule O. See instructions. ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement with a taxable entity during the year?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If "Yes," did the organization follow a written policy or procedure requiring the organization to evaluate its participation in joint venture arrangements under applicable federal tax law, and take steps to safeguard the organization's exempt status with respect to such arrangements? List the states with which a copy of this Form 990 is required to be filed Section 6104 requires an organization to make its Forms 1023 (1024 or 1024-A, if applicable), 990, and 990-T (section 501(c)(3)s only) available for public inspection. Indicate how you made these available. Check all that apply. Own website Another's website Upon request Other Describe on Schedule O whether (and if so, how) the organization made its governing documents, conflict of interest policy, and financial statements available to the public during the tax year. State the name, address, and telephone number of the person who possesses the organization's books and records 6 Part VI Governance, Management, and Disclosure. Section A. Governing Body and Management Section B. Policies Section C. Disclosure 990 34 34 X X X X X X X X X X X X X X X X X X X X Robert A. Bertisch - (561) 655-8944 423 Fern St., West Palm Beach, FL 33401 County, Inc.59-6046994 Legal Aid Society of Palm Beach X FL X 7 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 436 Individual trustee or directorInstitutional trusteeOfficerKey employeeHighest compensatedemployeeFormer(do not check more than one box, unless person is both an officer and a director/trustee) 232007 12-13-22 current Section A.Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees 1a current current former former directors or trustees (A)(B)(C)(D)(E)(F) Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part VII Complete this table for all persons required to be listed. Report compensation for the calendar year ending with or within the organization's tax year. ¥ List all of the organization's officers, directors, trustees (whether individuals or organizations), regardless of amount of compensation. Enter -0- in columns (D), (E), and (F) if no compensation was paid. ¥ List all of the organization's key employees, if any. See the instructions for definition of "key employee." ¥ List the organization's five highest compensated employees (other than an officer, director, trustee, or key employee) who received reportable compensation (box 5 of Form W-2, box 6 of Form 1099-MISC, and/or box 1 of Form 1099-NEC) of more than $100,000 from the organization and any related organizations. ¥ List all of the organization's officers, key employees, and highest compensated employees who received more than $100,000 ofreportable compensation from the organization and any related organizations. ¥ List all of the organization's that received, in the capacity as a former director or trustee of the organization, more than $10,000 of reportable compensation from the organization and any related organizations. See the instructions for the order in which to list the persons above. Check this box if neither the organization nor any related organization compensated any current officer, director, or trustee. PositionName and title Average hours per week (list any hours for related organizations below line) Reportable compensation from the organization (W-2/1099-MISC/ 1099-NEC) Reportable compensation from related organizations (W-2/1099-MISC/ 1099-NEC) Estimated amount of other compensation from the organization and related organizations Form (2022) 7 Part VII Compensation of Officers, Directors, Trustees, Key Employees, Highest Compensated Employees, and Independent Contractors 990 (1) Robert Bertisch Executive Director (2) John Walsh (3) Michael Spillane (4) James Walsh (5) Ross Baer (6) Rena Taylor (7) Michelle R. Suskauer, Esq. (8) Lawrence P. Rochefort, Esq. (9) Robert H. Friedman, Esq. (10) Scott C. Murray, Esq. (11) Jerald S. Beer, Esq. (12) Miriam Acosta-Castriz, Esq. (13) Robert M. W. Shalhoub, Esq. (14) David P. Ackerman, Esq. (15) Claire Arnold (16) F. Gregory Barnhart, Esq. (17) Jeffery A. Devore, Esq. Supervising Attorney Dir. of Finance & Admin. Supervising Attorney Supervising Attorney Supervising Attorney President First Vice President Second Vice President Secretary Treasurer Immediate Past President, Board of T Chairperson-Board of Trustees Member-Board of Trustees Member-Board of Trustees Member-Board of Trustees Member-Board of Trustees 40.00 40.00 40.00 40.00 40.00 40.00 7.00 12.00 16.00 10.00 17.00 2.00 12.00 2.00 2.00 2.00 2.00 X X X X X X X X X X X X X X X X X X X X X X 152,291. 125,368. 122,199. 107,926. 102,593. 102,041. 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. 18,341. 23,970. 16,690. 16,731. 16,033. 13,747. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. County, Inc.59-6046994 Legal Aid Society of Palm Beach 8 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 437 FormerIndividual trustee or directorInstitutional trusteeOfficerHighest compensatedemployeeKey employee(do not check more than one box, unless person is both an officer and a director/trustee) 232008 12-13-22 Section A. Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees (B)(C)(A)(D)(E)(F) 1 b c d Subtotal Total from continuation sheets to Part VII, Section A Total (add lines 1b and 1c) 2 Yes No 3 4 5 former 3 4 5 Section B. Independent Contractors 1 (A)(B)(C) 2 (continued) If "Yes," complete Schedule J for such individual If "Yes," complete Schedule J for such individual If "Yes," complete Schedule J for such person Page Form 990 (2022) PositionAverage hours per week (list any hours for related organizations below line) Name and title Reportable compensation from the organization (W-2/1099-MISC/ 1099-NEC) Reportable compensation from related organizations (W-2/1099-MISC/ 1099-NEC) Estimated amount of other compensation from the organization and related organizations ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~ ~ Total number of individuals (including but not limited to those listed above) who received more than $100,000 of reportable compensation from the organization Did the organization list any officer, director, trustee, key employee, or highest compensated employee on line 1a? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ For any individual listed on line 1a, is the sum of reportable compensation and other compensation from the organization and related organizations greater than $150,000? ~~~~~~~~~~~~~ Did any person listed on line 1a receive or accrue compensation from any unrelated organization or individual for services rendered to the organization? Complete this table for your five highest compensated independent contractors that received more than $100,000 of compensation from the organization. Report compensation for the calendar year ending with or within the organization's tax year. Name and business address Description of services Compensation Total number of independent contractors (including but not limited to those listed above) who received more than $100,000 of compensation from the organization Form (2022) 8 Part VII 990 (18) Mariano Garcia, Esq. Member-Board of Trustees 2.00 X 0.0.0. (19) Garry Glickman, Esq. Member-Board of Trustees 2.00 X 0.0.0. (20) Jane Kreusler-Walsh, Esq. Member-Board of Trustees 2.00 X 0.0.0. (21) Richard Lubin, Esq. Member-Board of Trustees 2.00 X 0.0.0. (22) Rafael J. Roca, Esq. Member-Board of Trustees 2.00 X 0.0.0. (23) Grasford W. Smith, Esq. Member-Board of Trustees 2.00 X 0.0.0. (24) Gary Woodfield, Esq. Member-Board of Trustees 2.00 X 0.0.0. (25) Leslie Artsis Adams Member 8.00 X 0.0.0. (26) Daniel Armas, Esq. Member 8.00 X 0.0.0. 712,418.0.105,512. 0.0.0. 6 0 See Part VII, Section A Continuation sheets NONE 712,418.0.105,512. X County, Inc. X X 59-6046994 Legal Aid Society of Palm Beach 9 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 438 Individual trustee or directorInstitutional trusteeOfficerKey employeeHighest compensated employeeFormer23220104-01-22 Section A.Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees (A)(B)(C)(D)(E)(F) (continued) Form 990 Name and title Average hours per week (list any hours for related organizations below line) Position (check all that apply) Reportable compensation from the organization (W-2/1099-MISC) Reportable compensation from related organizations (W-2/1099-MISC) Estimated amount of other compensation from the organization and related organizations Total to Part VII, Section A, line 1c Part VII Legal Aid Society of Palm Beach (27) Nelson E. Baez, Esq. Member (28) Abigail Beebe, Esq. (29) Richard M. Benrubi, Esq. (30) Bridget A. Berry, Esq. (31) Robin Bresky, Esq. (32) Carla Tharp Brown (33) Alan M. Burger, Esq. (34) Vincent F. Cuomo (35) Amy Devore (36) Howard D. DuBosar, Esq. (37) Karis Engle, M.S. (38) Dwinette J. Feemster, Esq (39) Richard D. Greenfield (40) Jack P. Hill, Esq. (41) Denise Rappaport Isaacs, Esq. (42) Wilnar J. Julmiste, Esq. (43) W. Hampton Keen, Esq. Member Member Member Member Member Member Member Member Member Member Member Member Member Member Member Member 8.00 8.00 8.00 8.00 8.00 8.00 8.00 8.00 8.00 8.00 8.00 8.00 8.00 8.00 8.00 8.00 8.00 X X X X X X X X X X X X X X X X X 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. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. County, Inc.59-6046994 (44) Tama B. Kudman, Esq. Member 8.00 X 0.0.0. (45) Nancy Albano Lambrecht Member 8.00 X 0.0.0. (46) Gary S. Lesser, Esq. Member 8.00 X 0.0.0. 10 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 439 Individual trustee or directorInstitutional trusteeOfficerKey employeeHighest compensated employeeFormer23220104-01-22 Section A.Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees (A)(B)(C)(D)(E)(F) (continued) Form 990 Name and title Average hours per week (list any hours for related organizations below line) Position (check all that apply) Reportable compensation from the organization (W-2/1099-MISC) Reportable compensation from related organizations (W-2/1099-MISC) Estimated amount of other compensation from the organization and related organizations Total to Part VII, Section A, line 1c Part VII Legal Aid Society of Palm Beach (47) Daniel Lustig, Esq. Member (48) James Grier Pressly III, Esq. (49) Heather L. Ries, Esq. (50) Lawrence P. Rochefort, Esq. (51) Peter A. Sachs, Esq. (52) Matthew Sackel, Esq. (53) Robert M. W. Shalhoub, Esq. (54) Michelle R. Suskauer, Esq. (55) Rebecca Mercier Vargas, Esq. (56) Matthew Zimmerman, Esq. Member Member Member Member Member Member Member Member Member 8.00 8.00 8.00 8.00 8.00 8.00 8.00 8.00 8.00 8.00 X X X X X X X X X X 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. County, Inc.59-6046994 11 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 440 Noncash contributions included in lines 1a-1f 232009 12-13-22 Business Code Business Code Total revenue. (A)(B)(C)(D) 1 a b c d e f 1 1 1 1 1 1 1 a b c d e f ggContributions, Gifts, Grantsand Other Similar Amountsh Total. a b c d e f g 2 Program ServiceRevenueTotal. 3 4 5 6 a b c d 6a 6b 6c 7 a 7a 7b 7c b c d a b c 8 8a 8b 9 a b c 9a 9b 10 a b c 10a 10bOther Revenue11 a b c d eMiscellaneousRevenue Total. 12 Revenue excluded from tax undersections 512 - 514 All other contributions, gifts, grants, and similar amounts not included above Gross amount from sales of assets other than inventory cost or other basis and sales expenses Gross income from fundraising events See instructions Form (2022) Page Form 990 (2022) Check if Schedule O contains a response or note to any line in this Part VIII Total revenue Related or exempt function revenue Unrelated business revenue Federated campaigns Membership dues ~~~~~ ~~~~~~~ Fundraising events Related organizations ~~~~~~~ ~~~~~ Government grants (contributions) ~ $ Add lines 1a-1f All other program service revenue ~~~~~ Add lines 2a-2f Investment income (including dividends, interest, and other similar amounts) Income from investment of tax-exempt bond proceeds ~~~~~~~~~~~~~~~~~~ Royalties (i) Real (ii) Personal Gross rents Less: rental expenses Rental income or (loss) Net rental income or (loss) ~~~~~ ~ (i) Securities (ii) Other Less: Gain or (loss) ~~~ ~~~~~ Net gain or (loss) (not including $of contributions reported on line 1c). See Part IV, line 18 ~~~~~~~~~~~~ Less: direct expenses ~~~~~~~~ Net income or (loss) from fundraising events Gross income from gaming activities. See Part IV, line 19 ~~~~~~~~~~~~ Less: direct expenses Net income or (loss) from gaming activities ~~~~~~~~ Gross sales of inventory, less returns and allowances ~~~~~~~~~~~~ Less: cost of goods sold Net income or (loss) from sales of inventory ~~~~~~~ All other revenue ~~~~~~~~~~~~~ Add lines 11a-11d 9 Part VIII Statement of Revenue 990 233,447. 312,181. 10,498,466. 127,636. 2,019,917. 13,064,011. 740. Cy Pres Awards 900099 196,621. 35,730. 21,070. 12,185. County, Inc. 338,838. Bene. Interest in Trust 900099 4,005. Other Misc. Revenue 900099 1,429. 13,644,159.196,621.0.383,527. 59-6046994 Legal Aid Society of Palm Beach Legal Assistance Project 900099 127,636. Civil Legal Assistance 900099 35,730. Community ID 900099 143,264.143,264. 21,070. Attorney Fees 900099 101,802. 205,811. -104,009.-104,009. 312,181. 338,838. 4,005. 1,429. 344,272. 12,185. 12 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 441 if following SOP 98-2 (ASC 958-720) 232010 12-13-22 Total functional expenses. Joint costs. (A)(B)(C)(D) 1 2 3 4 5 6 7 8 9 10 11 a b c d e f g 12 13 14 15 16 17 18 19 20 21 22 23 24 a b c d e 25 26 Section 501(c)(3) and 501(c)(4) organizations must complete all columns. All other organizations must complete column (A). Grants and other assistance to domestic organizations and domestic governments. See Part IV, line 21 Compensation not included above to disqualified persons (as defined under section 4958(f)(1)) and persons described in section 4958(c)(3)(B) Pension plan accruals and contributions (include section 401(k) and 403(b) employer contributions) Professional fundraising services. See Part IV, line 17 (If line 11g amount exceeds 10% of line 25, column (A), amount, list line 11g expenses on Sch O.) Other expenses. Itemize expenses not covered above. (List miscellaneous expenses on line 24e. Ifline 24e amount exceeds 10% of line 25, column (A),amount, list line 24e expenses on Schedule O.) Add lines 1 through 24e Complete this line only if the organization reported in column (B) joint costs from a combined educational campaign and fundraising solicitation. Check here Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part IX Total expenses Program serviceexpenses Management andgeneral expenses Fundraisingexpenses ~ Grants and other assistance to domestic individuals. See Part IV, line 22 ~~~~~~~ Grants and other assistance to foreign organizations, foreign governments, and foreign individuals. See Part IV, lines 15 and 16 ~~~ Benefits paid to or for members ~~~~~~~ Compensation of current officers, directors, trustees, and key employees ~~~~~~~~ ~~~ Other salaries and wages ~~~~~~~~~~ Other employee benefits ~~~~~~~~~~ Payroll taxes ~~~~~~~~~~~~~~~~ Fees for services (nonemployees): Management Legal Accounting Lobbying ~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ Investment management fees Other. ~~~~~~~~ Advertising and promotion Office expenses Information technology Royalties ~~~~~~~~~ ~~~~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ Occupancy ~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~Travel Payments of travel or entertainment expenses for any federal, state, or local public officials ~ Conferences, conventions, and meetings ~~ Interest Payments to affiliates ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~ Depreciation, depletion, and amortization Insurance ~~ ~~~~~~~~~~~~~~~~~ All other expenses Form (2022) Do not include amounts reported on lines 6b, 7b, 8b, 9b, and 10b of Part VIII. 10 Statement of Functional ExpensesPart IX 990 150. 169,545. 859,077. 7,708,164. 109,441. 1,307,745. 622,377. 40,000. 368,880. 361,285. 690,001. 81,226. 12,593. 2,735. 44,899. 55,823. 76,668. 51,892. 41,053. 7,841. 5,089. 12,626,762. 10,278. 150. 169,545. 792,116.50,362.16,599. 7,086,094.473,175.148,895. 103,270.4,051.2,120. 1,234,013.48,396.25,336. 573,475.38,361.10,541. 31,926.7,825.249. 10,278. 294,420.72,161.2,299. 247,632.87,485.26,168. 659,434.20,135.10,432. 80,731.495. 2,924.9,269.400. 2,735. 30,384.14,515. 53,443.1,890.490. 75,038.1,630. 50,193.1,449.250. 37,065.3,684.304. 5,588.2,228.25. 5,089. 11,530,176.847,389.249,197. Litigation Expenses Projects Expenses Library Fund Misc. Expenses County, Inc.59-6046994 Legal Aid Society of Palm Beach 13 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 442 232011 12-13-22 (A)(B) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1 2 3 4 5 6 7 8 9 10c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a b 10a 10bAssets Total assets. LiabilitiesTotal liabilities. Organizations that follow FASB ASC 958, check here and complete lines 27, 28, 32, and 33. 27 28 Organizations that do not follow FASB ASC 958, check here and complete lines 29 through 33. 29 30 31 32 33Net Assets or Fund Balances Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part X Beginning of year End of year Cash - non-interest-bearing Savings and temporary cash investments Pledges and grants receivable, net ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~ Accounts receivable, net ~~~~~~~~~~~~~~~~~~~~~~~~~~ Loans and other receivables from any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entity or family member of any of these persons ~~~~~~~~~ Loans and other receivables from other disqualified persons (as defined under section 4958(f)(1)), and persons described in section 4958(c)(3)(B)~~ Notes and loans receivable, net Inventories for sale or use Prepaid expenses and deferred charges ~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ Land, buildings, and equipment: cost or other basis. Complete Part VI of Schedule D Less: accumulated depreciation ~~~ ~~~~~~ Investments - publicly traded securities Investments - other securities. See Part IV, line 11 Investments - program-related. See Part IV, line 11 Intangible assets ~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Other assets. See Part IV, line 11 ~~~~~~~~~~~~~~~~~~~~~~ Add lines 1 through 15 (must equal line 33) Accounts payable and accrued expenses Grants payable Deferred revenue ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Tax-exempt bond liabilities Escrow or custodial account liability. Complete Part IV of Schedule D ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~ Loans and other payables to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entity or family member of any of these persons ~~~~~~~~~ Secured mortgages and notes payable to unrelated third parties ~~~~~~ Unsecured notes and loans payable to unrelated third parties ~~~~~~~~ Other liabilities (including federal income tax, payables to related third parties, and other liabilities not included on lines 17-24). Complete Part X of Schedule D ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Add lines 17 through 25 Net assets without donor restrictions Net assets with donor restrictions ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~ Capital stock or trust principal, or current funds Paid-in or capital surplus, or land, building, or equipment fund Retained earnings, endowment, accumulated income, or other funds ~~~~~~~~~~~~~~~ ~~~~~~~~ ~~~~ Total net assets or fund balances ~~~~~~~~~~~~~~~~~~~~~~ Total liabilities and net assets/fund balances Form (2022) 11 Balance SheetPart X 990 400.3,493. 752.16,957. 1,743,425.1,519,721. 78,358.82,570. 547,235.1,543,759. 605,186. 559,892.25,390.45,294. 3,065,466. 69,047.1,607,010. 9,373,592.12,541,658. 6,908,985.7,722,854. 3,695,410. 632,563.663,671. 41,999.74,494. 311,575.1,715,491. 4,051,603.6,149,066. X 5,208,942.6,275,540. 113,047.117,052. 5,321,989.6,392,592. 9,373,592.12,541,658. 59-6046994County, Inc. Legal Aid Society of Palm Beach 14 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 443 232012 12-13-22 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 Yes No 1 2 3 a b c 2a 2b 2c a b 3a 3b Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part XI Total revenue (must equal Part VIII, column (A), line 12) Total expenses (must equal Part IX, column (A), line 25) Revenue less expenses. Subtract line 2 from line 1 Net assets or fund balances at beginning of year (must equal Part X, line 32, column (A)) ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~ Net unrealized gains (losses) on investments Donated services and use of facilities Investment expenses Prior period adjustments ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Other changes in net assets or fund balances (explain on Schedule O) Net assets or fund balances at end of year. Combine lines 3 through 9 (must equal Part X, line 32, column (B)) ~~~~~~~~~~~~~~~~~~ Check if Schedule O contains a response or note to any line in this Part XII Accounting method used to prepare the Form 990:Cash Accrual Other If the organization changed its method of accounting from a prior year or checked "Other," explain on Schedule O. Were the organization's financial statements compiled or reviewed by an independent accountant?~~~~~~~~~~~~ If "Yes," check a box below to indicate whether the financial statements for the year were compiled or reviewed on a separate basis, consolidated basis, or both: Separate basis Consolidated basis Both consolidated and separate basis Were the organization's financial statements audited by an independent accountant?~~~~~~~~~~~~~~~~~~~ If "Yes," check a box below to indicate whether the financial statements for the year were audited on a separate basis, consolidated basis, or both: Separate basis Consolidated basis Both consolidated and separate basis If "Yes" to line 2a or 2b, does the organization have a committee that assumes responsibility for oversight of the audit, review, or compilation of its financial statements and selection of an independent accountant?~~~~~~~~~~~~~~~ If the organization changed either its oversight process or selection process during the tax year, explain on Schedule O. As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the Uniform Guidance, 2 C.F.R. Part 200, Subpart F?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If "Yes," did the organization undergo the required audit or audits? If the organization did not undergo the required audit or audits, explain why on Schedule O and describe any steps taken to undergo such audits Form (2022) 12 Part XI Reconciliation of Net Assets Part XII Financial Statements and Reporting 990 X County, Inc.59-6046994 Legal Aid Society of Palm Beach 13,644,159. 12,626,762. 1,017,397. 5,321,989. 0. 6,392,592. X 53,206. X X X X X X 15 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 444 (iv) Is the organization listedin your governing document? OMB No. 1545-0047 Department of the Treasury Internal Revenue Service 232021 12-09-22 (i)(iii)(v)(vi)(ii) Name of supported organization Type of organization (described on lines 1-10 above (see instructions)) Amount of monetary support (see instructions) Amount of other support (see instructions) EIN (Form 990)Complete if the organization is a section 501(c)(3) organization or a section 4947(a)(1) nonexempt charitable trust. Attach to Form 990 or Form 990-EZ. Go to www.irs.gov/Form990 for instructions and the latest information. Open to Public Inspection Name of the organization Employer identification number 1 2 3 4 5 6 7 8 9 10 11 12 section 170(b)(1)(A)(i). section 170(b)(1)(A)(ii). section 170(b)(1)(A)(iii). section 170(b)(1)(A)(iii). section 170(b)(1)(A)(iv). section 170(b)(1)(A)(v). section 170(b)(1)(A)(vi). section 170(b)(1)(A)(vi). section 170(b)(1)(A)(ix) section 509(a)(2). section 509(a)(4). section 509(a)(1)section 509(a)(2)section 509(a)(3). a b c d e f g Type I. You must complete Part IV, Sections A and B. Type II. You must complete Part IV, Sections A and C. Type III functionally integrated. You must complete Part IV, Sections A, D, and E. Type III non-functionally integrated. You must complete Part IV, Sections A and D, and Part V. Yes No Total For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.Schedule A (Form 990) 2022 (All organizations must complete this part.) See instructions. The organization is not a private foundation because it is: (For lines 1 through 12, check only one box.) A church, convention of churches, or association of churches described in A school described in (Attach Schedule E (Form 990).) A hospital or a cooperative hospital service organization described in A medical research organization operated in conjunction with a hospital described in Enter the hospital's name, city, and state: An organization operated for the benefit of a college or university owned or operated by a governmental unit described in (Complete Part II.) A federal, state, or local government or governmental unit described in An organization that normally receives a substantial part of its support from a governmental unit or from the general public described in (Complete Part II.) A community trust described in (Complete Part II.) An agricultural research organization described in operated in conjunction with a land-grant college or university or a non-land-grant college of agriculture (see instructions). Enter the name, city, and state of the college or university: An organization that normally receives (1) more than 33 1/3% of its support from contributions, membership fees, and gross receipts from activities related to its exempt functions, subject to certain exceptions; and (2) no more than 33 1/3% of its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975. See (Complete Part III.) An organization organized and operated exclusively to test for public safety. See An organization organized and operated exclusively for the benefit of, to perform the functions of, or to carry out the purposes of one or more publicly supported organizations described in or . See Check the box on lines 12a through 12d that describes the type of supporting organization and complete lines 12e, 12f, and 12g. A supporting organization operated, supervised, or controlled by its supported organization(s), typically by giving the supported organization(s) the power to regularly appoint or elect a majority of the directors or trustees of the supporting organization. A supporting organization supervised or controlled in connection with its supported organization(s), by having control or management of the supporting organization vested in the same persons that control or manage the supported organization(s). A supporting organization operated in connection with, and functionally integrated with, its supported organization(s) (see instructions). A supporting organization operated in connection with its supported organization(s) that is not functionally integrated. The organization generally must satisfy a distribution requirement and an attentiveness requirement (see instructions). Check this box if the organization received a written determination from the IRS that it is a Type I, Type II, Type III functionally integrated, or Type III non-functionally integrated supporting organization. Enter the number of supported organizations ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Provide the following information about the supported organization(s). LHA SCHEDULE A Part I Reason for Public Charity Status. Public Charity Status and Public Support 2022 X Legal Aid Society of Palm Beach 59-6046994County, Inc. 445 Subtract line 5 from line 4. 232022 12-09-22 Calendar year (or fiscal year beginning in) Calendar year (or fiscal year beginning in) 2 (a) (b) (c) (d) (e) (f) 1 2 3 4 5 Total. 6 Public support. (a) (b) (c) (d) (e) (f) 7 8 9 10 11 12 13 Total support. 12 First 5 years. stop here 14 15 14 15 16 17 18 a b a b 33 1/3% support test - 2022. stop here. 33 1/3% support test - 2021. stop here. 10% -facts-and-circumstances test - 2022. stop here. 10% -facts-and-circumstances test - 2021. stop here. Private foundation. Schedule A (Form 990) 2022 Add lines 7 through 10 Schedule A (Form 990) 2022 Page (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the organization failed to qualify under Part III. If the organization fails to qualify under the tests listed below, please complete Part III.) 2018 2019 2020 2021 2022 Total Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.")~~ Tax revenues levied for the organ- ization's benefit and either paid to or expended on its behalf ~~~~ The value of services or facilities furnished by a governmental unit to the organization without charge ~ Add lines 1 through 3 ~~~ The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f)~~~~~~~~~~~~ 2018 2019 2020 2021 2022 Total Amounts from line 4 ~~~~~~~ Gross income from interest, dividends, payments received on securities loans, rents, royalties, and income from similar sources ~ Net income from unrelated business activities, whether or not the business is regularly carried on ~ Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.)~~~~ Gross receipts from related activities, etc. (see instructions)~~~~~~~~~~~~~~~~~~~~~~~ If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, check this box and ~~~~~~~~~~~Public support percentage for 2022 (line 6, column (f), divided by line 11, column (f)) Public support percentage from 2021 Schedule A, Part II, line 14 % %~~~~~~~~~~~~~~~~~~~~~ If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box and The organization qualifies as a publicly supported organization ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this box and The organization qualifies as a publicly supported organization ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If the organization did not check a box on line 13, 16a, or 16b, and line 14 is 10% or more, and if the organization meets the facts-and-circumstances test, check this box and Explain in Part VI how the organization meets the facts-and-circumstances test. The organization qualifies as a publicly supported organization ~~~~~~~~~~~~~~~~~ If the organization did not check a box on line 13, 16a, 16b, or 17a, and line 15 is 10% or more, and if the organization meets the facts-and-circumstances test, check this box and Explain in Part VI how the organization meets the facts-and-circumstances test. The organization qualifies as a publicly supported organization ~~~~~~~~~~~ If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see instructions Part II Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) Section A. Public Support Section B. Total Support Section C. Computation of Public Support Percentage 9924331. 9924331. 9931270. 9931270. 13537269.12745411.13064011.59202292. 13537269.12745411.13064011.59202292. 59202292. 9924331.9931270.13537269.12745411.13064011.59202292. 19,933.38,047.21,703.21,866.143,264.244,813. 185,714.-4,603.5,407.5,719.344,272.536,509. 59983614. 1,027,874. 98.70 99.00 X County, Inc.59-6046994 Legal Aid Society of Palm Beach 17 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 446 (Subtract line 7c from line 6.) Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year (Add lines 9, 10c, 11, and 12.) 232023 12-09-22 Calendar year (or fiscal year beginning in) Calendar year (or fiscal year beginning in) Total support. 3 (a) (b) (c) (d) (e) (f) 1 2 3 4 5 6 7 Total. a b c 8 Public support. (a) (b) (c) (d) (e) (f) 9 10 a b c 11 12 13 14 First 5 years. stop here 15 16 15 16 17 18 19 20 2022 2021 17 18 a b 33 1/3% support tests - 2022. stop here. 33 1/3% support tests - 2021. stop here. Private foundation. Schedule A (Form 990) 2022 Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975 Schedule A (Form 990) 2022 Page (Complete only if you checked the box on line 10 of Part I or if the organization failed to qualify under Part II. If the organization fails to qualify under the tests listed below, please complete Part II.) 2018 2019 2020 2021 2022 Total Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.")~~ Gross receipts from admissions, merchandise sold or services per- formed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose Gross receipts from activities that are not an unrelated trade or bus- iness under section 513 ~~~~~ Tax revenues levied for the organ- ization's benefit and either paid to or expended on its behalf ~~~~ The value of services or facilities furnished by a governmental unit to the organization without charge ~ ~~~ Add lines 1 through 5 Amounts included on lines 1, 2, and 3 received from disqualified persons ~~~~~~ Add lines 7a and 7b ~~~~~~~ 2018 2019 2020 2021 2022 Total Amounts from line 6 ~~~~~~~ Gross income from interest, dividends, payments received on securities loans, rents, royalties, and income from similar sources ~ ~~~~ Add lines 10a and 10b ~~~~~~ Net income from unrelated businessactivities not included on line 10b, whether or not the business is regularly carried on ~~~~~~~ Other income. Do not include gainor loss from the sale of capital assets (Explain in Part VI.)~~~~ If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, check this box and Public support percentage for 2022 (line 8, column (f), divided by line 13, column (f)) Public support percentage from 2021 Schedule A, Part III, line 15 ~~~~~~~~~~~% % Investment income percentage for (line 10c, column (f), divided by line 13, column (f)) Investment income percentage from Schedule A, Part III, line 17 ~~~~~~~~% %~~~~~~~~~~~~~~~~~~ If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and The organization qualifies as a publicly supported organization ~~~~~~~~~~~~ If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3%, and line 18 is not more than 33 1/3%, check this box and The organization qualifies as a publicly supported organization ~~~~~~ If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions Part III Support Schedule for Organizations Described in Section 509(a)(2) Section A. Public Support Section B. Total Support Section C. Computation of Public Support Percentage Section D. Computation of Investment Income Percentage County, Inc.59-6046994 Legal Aid Society of Palm Beach 18 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 447 232024 12-09-22 4 Yes No 1 2 3 4 5 6 7 8 9 10 Part VI 1 2 3a 3b 3c 4a 4b 4c 5a 5b 5c 6 7 8 9a 9b 9c 10a 10b Part VI a b c a b c a b c a b c a b Part VI Part VI Part VI Part VI Part VI, Type I or Type II only. Substitutions only. Part VI. Part VI. Part VI. Part VI. Schedule A (Form 990) 2022 If "No," describe in how the supported organizations are designated. If designated by class or purpose, describe the designation. If historic and continuing relationship, explain. If "Yes," explain in how the organization determined that the supported organization was described in section 509(a)(1) or (2). If "Yes," answer lines 3b and 3c below. If "Yes," describe in when and how the organization made the determination. If "Yes," explain in what controls the organization put in place to ensure such use. If "Yes," and if you checked box 12a or 12b in Part I, answer lines 4b and 4c below. If "Yes," describe in how the organization had such control and discretion despite being controlled or supervised by or in connection with its supported organizations. If "Yes," explain in what controls the organization used to ensure that all support to the foreign supported organization was used exclusively for section 170(c)(2)(B) purposes. If "Yes," answer lines 5b and 5c below (if applicable). Also, provide detail in including (i) the names and EIN numbers of the supported organizations added, substituted, or removed; (ii) the reasons for each such action; (iii) the authority under the organization's organizing document authorizing such action; and (iv) how the action was accomplished (such as by amendment to the organizing document). If "Yes," provide detail in If "Yes," complete Part I of Schedule L (Form 990). If "Yes," complete Part I of Schedule L (Form 990). If "Yes," provide detail in If "Yes," provide detail in If "Yes," provide detail in If "Yes," answer line 10b below. (Use Schedule C, Form 4720, to determine whether the organization had excess business holdings.) Schedule A (Form 990) 2022 Page (Complete only if you checked a box on line 12 of Part I. If you checked box 12a, Part I, complete Sections A and B. If you checked box 12b, Part I, complete Sections A and C. If you checked box 12c, Part I, complete Sections A, D, and E. If you checked box 12d, Part I, complete Sections A and D, and complete Part V.) Are all of the organization's supported organizations listed by name in the organization's governing documents? Did the organization have any supported organization that does not have an IRS determination of status under section 509(a)(1) or (2)? Did the organization have a supported organization described in section 501(c)(4), (5), or (6)? Did the organization confirm that each supported organization qualified under section 501(c)(4), (5), or (6) and satisfied the public support tests under section 509(a)(2)? Did the organization ensure that all support to such organizations was used exclusively for section 170(c)(2)(B) purposes? Was any supported organization not organized in the United States ("foreign supported organization")? Did the organization have ultimate control and discretion in deciding whether to make grants to the foreign supported organization? Did the organization support any foreign supported organization that does not have an IRS determination under sections 501(c)(3) and 509(a)(1) or (2)? Did the organization add, substitute, or remove any supported organizations during the tax year? Was any added or substituted supported organization part of a class already designated in the organization's organizing document? Was the substitution the result of an event beyond the organization's control? Did the organization provide support (whether in the form of grants or the provision of services or facilities) to anyone other than (i) its supported organizations, (ii) individuals that are part of the charitable class benefited by one or more of its supported organizations, or (iii) other supporting organizations that also support or benefit one or more of the filing organization's supported organizations? Did the organization provide a grant, loan, compensation, or other similar payment to a substantial contributor (as defined in section 4958(c)(3)(C)), a family member of a substantial contributor, or a 35% controlled entity with regard to a substantial contributor? Did the organization make a loan to a disqualified person (as defined in section 4958) not described on line 7? Was the organization controlled directly or indirectly at any time during the tax year by one or more disqualified persons, as defined in section 4946 (other than foundation managers and organizations described in section 509(a)(1) or (2))? Did one or more disqualified persons (as defined on line 9a) hold a controlling interest in any entity in which the supporting organization had an interest? Did a disqualified person (as defined on line 9a) have an ownership interest in, or derive any personal benefit from, assets in which the supporting organization also had an interest? Was the organization subject to the excess business holdings rules of section 4943 because of section 4943(f) (regarding certain Type II supporting organizations, and all Type III non-functionally integrated supporting organizations)? Did the organization have any excess business holdings in the tax year? Part IV Supporting Organizations Section A. All Supporting Organizations County, Inc.59-6046994 Legal Aid Society of Palm Beach 19 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 448 232025 12-09-22 5 Yes No 11 a b c 11a 11b 11cPart VI. Yes No 1 2 Part VI 1 2 Part VI Yes No 1 Part VI 1 Yes No 1 2 3 1 2 3 Part VI Part VI 1 2 3 (see instructions). a b c line 2 line 3 Part VI Answer lines 2a and 2b below.Yes No a b a b Part VI identify those supported organizations and explain 2a 2b 3a 3b Part VI Answer lines 3a and 3b below. Part VI. Part VI Schedule A (Form 990) 2022 If "Yes" to line 11a, 11b, or 11c, provide detail in If "No," describe in how the supported organization(s) effectively operated, supervised, or controlled the organization's activities. If the organization had more than one supported organization, describe how the powers to appoint and/or remove officers, directors, or trustees were allocated among the supported organizations and what conditions or restrictions, if any, applied to such powers during the tax year. If "Yes," explain in how providing such benefit carried out the purposes of the supported organization(s) that operated, supervised, or controlled the supporting organization. If "No," describe in how control or management of the supporting organization was vested in the same persons that controlled or managed the supported organization(s). If "No," explain in how the organization maintained a close and continuous working relationship with the supported organization(s). If "Yes," describe in the role the organization's supported organizations played in this regard. Check the box next to the method that the organization used to satisfy the Integral Part Test during the year Complete below. Complete below. Describe in how you supported a governmental entity (see instructions). If "Yes," then in how these activities directly furthered their exempt purposes, how the organization was responsive to those supported organizations, and how the organization determined that these activities constituted substantially all of its activities. If "Yes," explain in the reasons for the organization's position that its supported organization(s) would have engaged in these activities but for the organization's involvement. If "Yes" or "No" provide details in If "Yes," describe in the role played by the organization in this regard. Schedule A (Form 990) 2022 Page Has the organization accepted a gift or contribution from any of the following persons? A person who directly or indirectly controls, either alone or together with persons described on lines 11b and 11c below, the governing body of a supported organization? A family member of a person described on line 11a above? A 35% controlled entity of a person described on line 11a or 11b above? Did the governing body, members of the governing body, officers acting in their official capacity, or membership of one or more supported organizations have the power to regularly appoint or elect at least a majority of the organization's officers, directors, or trustees at all times during the tax year? Did the organization operate for the benefit of any supported organization other than the supported organization(s) that operated, supervised, or controlled the supporting organization? Were a majority of the organization's directors or trustees during the tax year also a majority of the directors or trustees of each of the organization's supported organization(s)? Did the organization provide to each of its supported organizations, by the last day of the fifth month of the organization's tax year, (i) a written notice describing the type and amount of support provided during the prior tax year, (ii) a copy of the Form 990 that was most recently filed as of the date of notification, and (iii) copies of the organization's governing documents in effect on the date of notification, to the extent not previously provided? Were any of the organization's officers, directors, or trustees either (i) appointed or elected by the supported organization(s) or (ii) serving on the governing body of a supported organization? By reason of the relationship described on line 2, above, did the organization's supported organizations have a significant voice in the organization's investment policies and in directing the use of the organization's income or assets at all times during the tax year? The organization satisfied the Activities Test. The organization is the parent of each of its supported organizations. The organization supported a governmental entity. Activities Test. Did substantially all of the organization's activities during the tax year directly further the exempt purposes of the supported organization(s) to which the organization was responsive? Did the activities described on line 2a, above, constitute activities that, but for the organization's involvement, one or more of the organization's supported organization(s) would have been engaged in? Parent of Supported Organizations. Did the organization have the power to regularly appoint or elect a majority of the officers, directors, or trustees of each of the supported organizations? Did the organization exercise a substantial degree of direction over the policies, programs, and activities of each of its supported organizations? (continued)Part IV Supporting Organizations Section B. Type I Supporting Organizations Section C. Type II Supporting Organizations Section D. All Type III Supporting Organizations Section E. Type III Functionally Integrated Supporting Organizations County, Inc.59-6046994 Legal Aid Society of Palm Beach 20 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 449 232026 12-09-22 6 1 Part VI See instructions. Section A - Adjusted Net Income 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8Adjusted Net Income Section B - Minimum Asset Amount 1 2 3 4 5 6 7 8 a b c d e 1a 1b 1c 1d 2 3 4 5 6 7 8 Total Discount Part VI Minimum Asset Amount Section C - Distributable Amount 1 2 3 4 5 6 7 1 2 3 4 5 6 Distributable Amount. Schedule A (Form 990) 2022 explain in explain in detail in Schedule A (Form 990) 2022 Page Check here if the organization satisfied the Integral Part Test as a qualifying trust on Nov. 20, 1970 (). All other Type III non-functionally integrated supporting organizations must complete Sections A through E. (B) Current Year (optional)(A) Prior Year Net short-term capital gain Recoveries of prior-year distributions Other gross income (see instructions) Add lines 1 through 3. Depreciation and depletion Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of income (see instructions) Other expenses (see instructions) (subtract lines 5, 6, and 7 from line 4) (B) Current Year (optional)(A) Prior Year Aggregate fair market value of all non-exempt-use assets (see instructions for short tax year or assets held for part of year): Average monthly value of securities Average monthly cash balances Fair market value of other non-exempt-use assets (add lines 1a, 1b, and 1c) claimed for blockage or other factors ( ): Acquisition indebtedness applicable to non-exempt-use assets Subtract line 2 from line 1d. Cash deemed held for exempt use. Enter 0.015 of line 3 (for greater amount, see instructions). Net value of non-exempt-use assets (subtract line 4 from line 3) Multiply line 5 by 0.035. Recoveries of prior-year distributions (add line 7 to line 6) Current Year Adjusted net income for prior year (from Section A, line 8, column A) Enter 0.85 of line 1. Minimum asset amount for prior year (from Section B, line 8, column A) Enter greater of line 2 or line 3. Income tax imposed in prior year Subtract line 5 from line 4, unless subject to emergency temporary reduction (see instructions). Check here if the current year is the organization's first as a non-functionally integrated Type III supporting organization (see instructions). Part V Type III Non-Functionally Integrated 509(a)(3) Supporting Organizations County, Inc.59-6046994 Legal Aid Society of Palm Beach 21 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 450 232027 12-09-22 7 Section D - Distributions Current Year 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 Part VI Part VI Total annual distributions. Part VI (i) Excess Distributions (ii) Underdistributions Pre-2022 (iii) Distributable Amount for 2022Section E - Distribution Allocations 1 2 3 4 5 6 7 8 Part VI a b c d e f g h i j Total a b c Part VI. Part VI Excess distributions carryover to 2023. a b c d e Schedule A (Form 990) 2022 provide details in describe in provide details in explain in explain in explain in Schedule A (Form 990) 2022 Page Amounts paid to supported organizations to accomplish exempt purposes Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from activity Administrative expenses paid to accomplish exempt purposes of supported organizations Amounts paid to acquire exempt-use assets Qualified set-aside amounts (prior IRS approval required - ) Other distributions ( ). See instructions. Add lines 1 through 6. Distributions to attentive supported organizations to which the organization is responsive ( ). See instructions. Distributable amount for 2022 from Section C, line 6 Line 8 amount divided by line 9 amount (see instructions) Distributable amount for 2022 from Section C, line 6 Underdistributions, if any, for years prior to 2022 (reason- able cause required - ). See instructions. Excess distributions carryover, if any, to 2022 From 2017 From 2018 From 2019 From 2020 From 2021 of lines 3a through 3e Applied to underdistributions of prior years Applied to 2022 distributable amount Carryover from 2017 not applied (see instructions) Remainder. Subtract lines 3g, 3h, and 3i from line 3f. Distributions for 2022 from Section D, line 7:$ Applied to underdistributions of prior years Applied to 2022 distributable amount Remainder. Subtract lines 4a and 4b from line 4. Remaining underdistributions for years prior to 2022, if any. Subtract lines 3g and 4a from line 2. For result greater than zero, See instructions. Remaining underdistributions for 2022. Subtract lines 3h and 4b from line 1. For result greater than zero, . See instructions. Add lines 3j and 4c. Breakdown of line 7: Excess from 2018 Excess from 2019 Excess from 2020 Excess from 2021 Excess from 2022 (continued) Part V Type III Non-Functionally Integrated 509(a)(3) Supporting Organizations County, Inc.59-6046994 Legal Aid Society of Palm Beach 22 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 451 232028 12-09-22 8 Schedule A (Form 990) 2022 Schedule A (Form 990) 2022 Page Provide the explanations required by Part II, line 10; Part II, line 17a or 17b; Part III, line 12; Part IV, Section A, lines 1, 2, 3b, 3c, 4b, 4c, 5a, 6, 9a, 9b, 9c, 11a, 11b, and 11c; Part IV, Section B, lines 1 and 2; Part IV, Section C, line 1; Part IV, Section D, lines 2 and 3; Part IV, Section E, lines 1c, 2a, 2b, 3a, and 3b; Part V, line 1; Part V, Section B, line 1e; Part V, Section D, lines 5, 6, and 8; and Part V, Section E, lines 2, 5, and 6. Also complete this part for any additional information. (See instructions.) Part VI Supplemental Information. County, Inc.59-6046994 Legal Aid Society of Palm Beach 23 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 452 Department of the Treasury Internal Revenue Service 223451 11-15-22 For Paperwork Reduction Act Notice, see the instructions for Form 990, 990-EZ, or 990-PF.Schedule B (Form 990) (2022) OMB No. 1545-0047 (Form 990)Attach to Form 990 or Form 990-PF. Go to www.irs.gov/Form990 for the latest information. Employer identification number Organization type Filers of:Section: not General Rule Special Rule. Note: General Rule Special Rules (1) (2) General Rule Caution: must exclusively exclusively nonexclusively Name of the organization (check one): Form 990 or 990-EZ 501(c)() (enter number) organization 4947(a)(1) nonexempt charitable trust treated as a private foundation 527 political organization Form 990-PF 501(c)(3) exempt private foundation 4947(a)(1) nonexempt charitable trust treated as a private foundation 501(c)(3) taxable private foundation Check if your organization is covered by the or a Only a section 501(c)(7), (8), or (10) organization can check boxes for both the General Rule and a Special Rule. See instructions. For an organization filing Form 990, 990-EZ, or 990-PF that received, during the year, contributions totaling $5,000 or more (in money or property) from any one contributor. Complete Parts I and II. See instructions for determining a contributor's total contributions. For an organization described in section 501(c)(3) filing Form 990 or 990-EZ that met the 33 1/3% support test of the regulations under sections 509(a)(1) and 170(b)(1)(A)(vi), that checked Schedule A (Form 990), Part II, line 13, 16a, or 16b, and that received from any one contributor, during the year, total contributions of the greater of $5,000; or 2% of the amount on (i) Form 990, Part VIII, line 1h; or (ii) Form 990-EZ, line 1. Complete Parts I and II. For an organization described in section 501(c)(7), (8), or (10) filing Form 990 or 990-EZ that received from any one contributor, during the year, total contributions of more than $1,000 exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals. Complete Parts I (entering "N/A" in column (b) instead of the contributor name and address), II, and III. For an organization described in section 501(c)(7), (8), or (10) filing Form 990 or 990-EZ that received from any one contributor, during the year, contributions for religious, charitable, etc., purposes, but no such contributions totaled more than $1,000. If this box is checked, enter here the total contributions that were received during the year for an religious, charitable, etc., purpose. Don't complete any of the parts unless the applies to this organization because it received religious, charitable, etc., contributions totaling $5,000 or more during the year ~~~~~~~~~~~~~~~~~$ An organization that isn't covered by the General Rule and/or the Special Rules doesn't file Schedule B (Form 990), but it answer "No" on Part IV, line 2, of its Form 990; or check the box on line H of its Form 990-EZ or on its Form 990-PF, Part I, line 2, to certify that it doesn't meet the filing requirements of Schedule B (Form 990). LHA Schedule B Schedule of Contributors 2022 County, Inc.59-6046994 X 3 X ** PUBLIC DISCLOSURE COPY ** Legal Aid Society of Palm Beach 453 223452 11-15-22 Schedule B (Form 990) (2022) Employer identification number (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash Schedule B (Form 990) (2022)Page Name of organization (see instructions). Use duplicate copies of Part I if additional space is needed. $ (Complete Part II for noncash contributions.) $ (Complete Part II for noncash contributions.) $ (Complete Part II for noncash contributions.) $ (Complete Part II for noncash contributions.) $ (Complete Part II for noncash contributions.) $ (Complete Part II for noncash contributions.) 2 Part I Contributors 1 X 4,952,336. 2 X 507,062. 3 X 1,022,029. 4 X 671,195. 5 X 707,987. 6 X 848,800. Legal Aid Society of Palm Beach County, Inc.59-6046994 25 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 454 223452 11-15-22 Schedule B (Form 990) (2022) Employer identification number (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution Person Payroll Noncash Schedule B (Form 990) (2022)Page Name of organization (see instructions). Use duplicate copies of Part I if additional space is needed. $ (Complete Part II for noncash contributions.) $ (Complete Part II for noncash contributions.) $ (Complete Part II for noncash contributions.) $ (Complete Part II for noncash contributions.) $ (Complete Part II for noncash contributions.) $ (Complete Part II for noncash contributions.) 2 Part I Contributors 7 X 383,419. 8 X 901,614. 9 X 264,167. Legal Aid Society of Palm Beach County, Inc.59-6046994 26 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 455 223453 11-15-22 Schedule B (Form 990) (2022) Employer identification number (a) No. from Part I (c) FMV (or estimate)(b) Description of noncash property given (d) Date received (a) No. from Part I (c) FMV (or estimate)(b) Description of noncash property given (d) Date received (a) No. from Part I (c) FMV (or estimate)(b) Description of noncash property given (d) Date received (a) No. from Part I (c) FMV (or estimate)(b) Description of noncash property given (d) Date received (a) No. from Part I (c) FMV (or estimate)(b) Description of noncash property given (d) Date received (a) No. from Part I (c) FMV (or estimate)(b) Description of noncash property given (d) Date received Schedule B (Form 990) (2022)Page Name of organization (see instructions). Use duplicate copies of Part II if additional space is needed. (See instructions.) $ (See instructions.) $ (See instructions.) $ (See instructions.) $ (See instructions.) $ (See instructions.) $ 3 Part II Noncash Property Legal Aid Society of Palm Beach County, Inc.59-6046994 27 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 456 completing Part III, enter the total of exclusively religious,charitable, etc., contributions of for the year. (Enter this info. once.) 223454 11-15-22 Exclusively religious, charitable, etc., contributions to organizations described in section 501(c)(7), (8), or (10) that total more than $1,000 for the year from any one contributor.(a)(e) and $1,000 or less Schedule B (Form 990) (2022) Complete columns through the following line entry. For organizations Employer identification number (a) No.fromPart I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name, address, and ZIP + 4 Relationship of transferor to transferee (a) No.fromPart I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name, address, and ZIP + 4 Relationship of transferor to transferee (a) No.fromPart I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name, address, and ZIP + 4 Relationship of transferor to transferee (a) No.fromPart I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name, address, and ZIP + 4 Relationship of transferor to transferee Schedule B (Form 990) (2022)Page Name of organization $ Use duplicate copies of Part III if additional space is needed. 4 Part III Legal Aid Society of Palm Beach County, Inc.59-6046994 28 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 457 Department of the Treasury Internal Revenue Service 232051 09-01-22 OMB No. 1545-0047 Held at the End of the Tax Year Complete if the organization answered "Yes" on Form 990,Part IV, line 6, 7, 8, 9, 10, 11a, 11b, 11c, 11d, 11e, 11f, 12a, or 12b. Attach to Form 990.Go to www.irs.gov/Form990 for instructions and the latest information. (Form 990) Open to PublicInspection Name of the organization Employer identification number (a) (b) 1 2 3 4 5 6 Yes No Yes No 1 2 3 4 5 6 7 8 9 a b c d 2a 2b 2c 2d Yes No Yes No 1 2 a b (i) (ii) a b For Paperwork Reduction Act Notice, see the Instructions for Form 990.Schedule D (Form 990) 2022 Complete if the organization answered "Yes" on Form 990, Part IV, line 6. Donor advised funds Funds and other accounts Total number at end of year Aggregate value of contributions to (during year) Aggregate value of grants from (during year) Aggregate value at end of year ~~~~~~~~~~~~~~~ ~~~~ ~~~~~~ ~~~~~~~~~~~~~ Did the organization inform all donors and donor advisors in writing that the assets held in donor advised funds are the organization's property, subject to the organization's exclusive legal control?~~~~~~~~~~~~~~~~~~ Did the organization inform all grantees, donors, and donor advisors in writing that grant funds can be used only for charitable purposes and not for the benefit of the donor or donor advisor, or for any other purpose conferring impermissible private benefit? Complete if the organization answered "Yes" on Form 990, Part IV, line 7. Purpose(s) of conservation easements held by the organization (check all that apply). Preservation of land for public use (for example, recreation or education) Protection of natural habitat Preservation of open space Preservation of a historically important land area Preservation of a certified historic structure Complete lines 2a through 2d if the organization held a qualified conservation contribution in the form of a conservation easement on the last day of the tax year. Total number of conservation easements Total acreage restricted by conservation easements ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Number of conservation easements on a certified historic structure included in (a) Number of conservation easements included in (c) acquired after July 25,2006, and not on a historic structure listed in the National Register ~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Number of conservation easements modified, transferred, released, extinguished, or terminated by the organization during the tax year Number of states where property subject to conservation easement is located Does the organization have a written policy regarding the periodic monitoring, inspection, handling of violations, and enforcement of the conservation easements it holds?~~~~~~~~~~~~~~~~~~~~~~~~~ Staff and volunteer hours devoted to monitoring, inspecting, handling of violations, and enforcing conservation easements during the year Amount of expenses incurred in monitoring, inspecting, handling of violations, and enforcing conservation easements during the year Does each conservation easement reported on line 2(d) above satisfy the requirements of section 170(h)(4)(B)(i) and section 170(h)(4)(B)(ii)?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ In Part XIII, describe how the organization reports conservation easements in its revenue and expense statement and balance sheet, and include, if applicable, the text of the footnote to the organization's financial statements that describes the organization's accounting for conservation easements. Complete if the organization answered "Yes" on Form 990, Part IV, line 8. If the organization elected, as permitted under FASB ASC 958, not to report in its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide in Part XIII the text of the footnote to its financial statements that describes these items. If the organization elected, as permitted under FASB ASC 958, to report in its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide the following amounts relating to these items: Revenue included on Form 990, Part VIII, line 1 Assets included in Form 990, Part X ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$ $~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If the organization received or held works of art, historical treasures, or other similar assets for financial gain, provide the following amounts required to be reported under FASB ASC 958 relating to these items: Revenue included on Form 990, Part VIII, line 1 Assets included in Form 990, Part X ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$ $ LHA Part I Organizations Maintaining Donor Advised Funds or Other Similar Funds or Accounts. Part II Conservation Easements. Part III Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets. SCHEDULE D Supplemental Financial Statements 2022 Legal Aid Society of Palm Beach County, Inc.59-6046994 29 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 458 232052 09-01-22 3 4 5 a b c d e Yes No 1 2 a b c d e f a b Yes No 1c 1d 1e 1f Yes No (a) (b) (c) (d) (e) 1 2 3 4 a b c d e f g a b c a b Yes No (i) (ii) 3a(i) 3a(ii) 3b (a) (b) (c) (d) 1a b c d e Total. Schedule D (Form 990) 2022 (continued) (Column (d) must equal Form 990, Part X, column (B), line 10c.) Two years back Three years back Four years back Schedule D (Form 990) 2022 Page Using the organization's acquisition, accession, and other records, check any of the following that make significant use of its collection items (check all that apply): Public exhibition Scholarly research Preservation for future generations Loan or exchange program Other Provide a description of the organization's collections and explain how they further the organization's exempt purpose in Part XIII. During the year, did the organization solicit or receive donations of art, historical treasures, or other similar assets to be sold to raise funds rather than to be maintained as part of the organization's collection? Complete if the organization answered "Yes" on Form 990, Part IV, line 9, or reported an amount on Form 990, Part X, line 21. Is the organization an agent, trustee, custodian or other intermediary for contributions or other assets not included on Form 990, Part X? If "Yes," explain the arrangement in Part XIII and complete the following table: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Amount Beginning balance Additions during the year Distributions during the year Ending balance ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization include an amount on Form 990, Part X, line 21, for escrow or custodial account liability? If "Yes," explain the arrangement in Part XIII. Check here if the explanation has been provided on Part XIII ~~~~~ Complete if the organization answered "Yes" on Form 990, Part IV, line 10. Current year Prior year Beginning of year balance Contributions Net investment earnings, gains, and losses Grants or scholarships ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~ Other expenditures for facilities and programs Administrative expenses End of year balance ~~~~~~~~~~~~~ ~~~~~~~~ ~~~~~~~~~~ Provide the estimated percentage of the current year end balance (line 1g, column (a)) held as: Board designated or quasi-endowment Permanent endowment Term endowment The percentages on lines 2a, 2b, and 2c should equal 100%. % % % Are there endowment funds not in the possession of the organization that are held and administered for the organization by: Unrelated organizations Related organizations ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If "Yes" on line 3a(ii), are the related organizations listed as required on Schedule R? Describe in Part XIII the intended uses of the organization's endowment funds. ~~~~~~~~~~~~~~~~~~~~ Complete if the organization answered "Yes" on Form 990, Part IV, line 11a. See Form 990, Part X, line 10. Description of property Cost or other basis (investment) Cost or other basis (other) Accumulated depreciation Book value Land Buildings Leasehold improvements ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~ Equipment Other ~~~~~~~~~~~~~~~~~ Add lines 1a through 1e. 2 Part III Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets Part IV Escrow and Custodial Arrangements. Part V Endowment Funds. Part VI Land, Buildings, and Equipment. X X 140,508. 464,678. 140,508. 419,384. 0. 45,294. 45,294. County, Inc.59-6046994 Legal Aid Society of Palm Beach 30 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 459 (including name of security) 232053 09-01-22 Total. Total. (a) (b) (c) (1) (2) (3) (a) (b) (c) (1) (2) (3) (4) (5) (6) (7) (8) (9) (a) (b) (1) (2) (3) (4) (5) (6) (7) (8) (9) Total. (a) (b) 1. Total. 2. Schedule D (Form 990) 2022 (Column (b) must equal Form 990, Part X, col. (B) line 15.) (Column (b) must equal Form 990, Part X, col. (B) line 25.) Description of security or category (Col. (b) must equal Form 990, Part X, col. (B) line 12.) (Col. (b) must equal Form 990, Part X, col. (B) line 13.) Schedule D (Form 990) 2022 Page Complete if the organization answered "Yes" on Form 990, Part IV, line 11b. See Form 990, Part X, line 12. Book value Method of valuation: Cost or end-of-year market value Financial derivatives Closely held equity interests Other ~~~~~~~~~~~~~~~ ~~~~~~~~~~~ (A) (B) (C) (D) (E) (F) (G) (H) Complete if the organization answered "Yes" on Form 990, Part IV, line 11c. See Form 990, Part X, line 13. Description of investment Book value Method of valuation: Cost or end-of-year market value Complete if the organization answered "Yes" on Form 990, Part IV, line 11d. See Form 990, Part X, line 15. Description Book value Complete if the organization answered "Yes" on Form 990, Part IV, line 11e or 11f. See Form 990, Part X, line 25. Description of liability Book value (1) (2) (3) (4) (5) (6) (7) (8) (9) Federal income taxes Liability for uncertain tax positions. In Part XIII, provide the text of the footnote to the organization's financial statements that reports the organization's liability for uncertain tax positions under FASB ASC 740. Check here if the text of the footnote has been provided in Part XIII 3 Part VII Investments - Other Securities. Part VIII Investments - Program Related. Part IX Other Assets. Part X Other Liabilities. County, Inc. Bene. Interest in Trust Deposits Right of Use Asset - Operating Lease Right of Use Asset - Financing Lease Refundable Advances Operating Lease Liability Financing Lease Liability 59-6046994 68,302. 4,750. 1,504,439. 29,519. 1,607,010. 169,127. 1,515,929. 30,435. 1,715,491. Legal Aid Society of Palm Beach X 31 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 460 232054 09-01-22 1 2 3 4 5 1 a b c d e 2a 2b 2c 2d 2a 2d 2e 32e 1 a b c 4a 4b 4a 4b 3 4c. 4c 5 1 2 3 4 5 1 a b c d e 2a 2b 2c 2d 2a 2d 2e 1 2e 3 a b c 4a 4b 4a 4b 3 4c. 4c 5 Schedule D (Form 990) 2022 (This must equal Form 990, Part I, line 12.) (This must equal Form 990, Part I, line 18.) Schedule D (Form 990) 2022 Page Complete if the organization answered "Yes" on Form 990, Part IV, line 12a. Total revenue, gains, and other support per audited financial statements Amounts included on line 1 but not on Form 990, Part VIII, line 12: ~~~~~~~~~~~~~~~~~~~ Net unrealized gains (losses) on investments Donated services and use of facilities Recoveries of prior year grants Other (Describe in Part XIII.) ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Add lines through ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Subtract line from line ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Amounts included on Form 990, Part VIII, line 12, but not on line 1: Investment expenses not included on Form 990, Part VIII, line 7b Other (Describe in Part XIII.) ~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Add lines and Total revenue. Add lines and ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Complete if the organization answered "Yes" on Form 990, Part IV, line 12a. Total expenses and losses per audited financial statements Amounts included on line 1 but not on Form 990, Part IX, line 25: ~~~~~~~~~~~~~~~~~~~~~~~~~~ Donated services and use of facilities Prior year adjustments Other losses Other (Describe in Part XIII.) ~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Add lines through Subtract line from line ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Amounts included on Form 990, Part IX, line 25, but not on line 1: Investment expenses not included on Form 990, Part VIII, line 7b Other (Describe in Part XIII.) ~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Add lines and Total expenses. Add lines and ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Provide the descriptions required for Part II, lines 3, 5, and 9; Part III, lines 1a and 4; Part IV, lines 1b and 2b; Part V, line 4; Part X, line 2; Part XI, lines 2d and 4b; and Part XII, lines 2d and 4b. Also complete this part to provide any additional information. 4 Part XI Reconciliation of Revenue per Audited Financial Statements With Revenue per Return. Part XII Reconciliation of Expenses per Audited Financial Statements With Expenses per Return. Part XIII Supplemental Information. In connection with its Public Guardianship Program (PGP) and its legal practice, the Society maintains designated cash funds that are held in separate accounts for the benefits of wards and clients. Part X, Line 2: The Society is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. However, income from certain activities not 13,892,898. 53,206. 205,811. 259,017. 13,633,881. 10,278. 10,278. 13,644,159. 12,822,295. 205,811. 205,811. 12,616,484. 10,278. 10,278. 12,626,762. Part IV, line 1b: County, Inc.59-6046994 Legal Aid Society of Palm Beach directly related to the Society's tax-exempt purpose would be subject to taxation as unrelated business income. There were no such unrelated activities for the year ended September 30, 2023. 32 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 461 232055 09-01-22 5 Schedule D (Form 990) 2022 (continued) Schedule D (Form 990) 2022 Page Part XIII Supplemental Information The Society follows FASB ASC 740-10, Accounting for Uncertainty in Income Taxes. This pronouncement seeks to reduce the diversity in practice associated with certain aspects of measurement and recognition in accounting for income taxes. It prescribes a recognition threshold and measurement attribute for financial statement recognition and measurement of a tax position that an entity takes or expects to take in a tax return. An entity may only recognize or continue to recognize tax positions that meet a "more likely than not" threshold. The Society assesses its income tax positions based on management's evaluation of the facts, circumstances and information available at the reporting date. The Society uses the prescribed more likely than not threshold when making its assessment. For the year ended September 30, 2023, the Society did not accrue any interest expense or penalties related to its tax positions. Furthermore, there are currently no open Federal or State tax years under audit. Part XI, Line 2d - Other Adjustments: Special Fundraising Expenses 205,811. Part XII, Line 2d - Other Adjustments: Special Fundraising Expenses 205,811. County, Inc.59-6046994 Legal Aid Society of Palm Beach 33 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 462 Department of the Treasury Internal Revenue Service Didfundraiserhave custodyor control ofcontributions? 232081 10-27-22 Go to OMB No. 1545-0047 Complete if the organization answered "Yes" on Form 990, Part IV, line 17, 18, or 19, or if the organization entered more than $15,000 on Form 990-EZ, line 6a. Open to Public Inspection Attach to Form 990 or Form 990-EZ. www.irs.gov/Form990 for instructions and the latest information. Employer identification number 1 a b c d a b e f g 2 Yes No (i) (ii) (iii) (iv) (v) (i) (vi) Yes No Total 3 For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.Schedule G (Form 990) 2022 Name of the organization Complete if the organization answered "Yes" on Form 990, Part IV, line 17. Form 990-EZ filers are not required to complete this part. Indicate whether the organization raised funds through any of the following activities. Check all that apply. Mail solicitations Internet and email solicitations Phone solicitations In-person solicitations Solicitation of non-government grants Solicitation of government grants Special fundraising events Did the organization have a written or oral agreement with any individual (including officers, directors, trustees, or key employees listed in Form 990, Part VII) or entity in connection with professional fundraising services? If "Yes," list the 10 highest paid individuals or entities (fundraisers) pursuant to agreements under which the fundraiser is to be compensated at least $5,000 by the organization. Name and address of individual or entity (fundraiser)Activity Gross receipts from activity Amount paidto (or retained by)fundraiserlisted in col. Amount paidto (or retained by)organization List all states in which the organization is registered or licensed to solicit contributions or has been notified it is exempt from registration or licensing. LHA Supplemental Information Regarding Fundraising or Gaming ActivitiesSCHEDULE G (Form 990) Part I Fundraising Activities. 2022 Legal Aid Society of Palm Beach 59-6046994County, Inc. 34 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 463 232082 10-27-22 2 (d) (a) (c) (a) (b) (c) 1 2 3 4 5 6 7 8 9 10 11 (a) (b) (c) (d) (a) (c) 1 2 3 4 5 6 7 8 Yes Yes Yes No No No 9 10 a b Yes No a b Yes No Schedule G (Form 990) 2022 Pull tabs/instant bingo/progressive bingo Schedule G (Form 990) 2022 Page Complete if the organization answered "Yes" on Form 990, Part IV, line 18, or reported more than $15,000 of fundraising event contributions and gross income on Form 990-EZ, lines 1 and 6b. List events with gross receipts greater than $5,000. Total events (add col. through col. )RevenueEvent #1 Event #2 Other events (event type)(event type)(total number) Gross receipts Less: Contributions ~~~~~~~~~~~~~~ ~~~~~~~~~~~ Gross income (line 1 minus line 2)Direct Expenses Cash prizes Noncash prizes ~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ Rent/facility costs ~~~~~~~~~~~~ Food and beverages Entertainment ~~~~~~~~~~ ~~~~~~~~~~~~~~ Other direct expenses ~~~~~~~~~~ Direct expense summary. Add lines 4 through 9 in column (d) Net income summary. Subtract line 10 from line 3, column (d) ~~~~~~~~~~~~~~~~~~~~~~~~~~ Complete if the organization answered "Yes" on Form 990, Part IV, line 19, or reported more than $15,000 on Form 990-EZ, line 6a.RevenueBingo Other gaming Total gaming (add col. through col. )Direct ExpensesGross revenue Cash prizes Noncash prizes ~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ Rent/facility costs Other direct expenses ~~~~~~~~~~~~ %%% Volunteer labor ~~~~~~~~~~~~~ Direct expense summary. Add lines 2 through 5 in column (d) Net gaming income summary. Subtract line 7 from line 1, column (d) ~~~~~~~~~~~~~~~~~~~~~~~~~~ Enter the state(s) in which the organization conducts gaming activities: Is the organization licensed to conduct gaming activities in each of these states? If "No," explain: ~~~~~~~~~~~~~~~~~~~~ Were any of the organization's gaming licenses revoked, suspended, or terminated during the tax year? If "Yes," explain: ~~~~~~~~~ Part II Fundraising Events. Part III Gaming. 338,482. 269,139. 69,343. 59,171. 61,046. 43,042. 18,004. 18,004. 14,455. 14,455. 413,983. 312,181. 101,802. 77,175. 205,811. -104,009. Event Pro Bono Tournament Golf 1 County, Inc.59-6046994 Legal Aid Society of Palm Beach 10,172. 44,235.11,661.62,568.118,464. 10,172. 35 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 464 232083 10-27-22 3 11 12 13 14 15 Yes No Yes No a b 13a 13b Yes Noa b c 16 17 a b Yes No Schedule G (Form 990) 2022 Schedule G (Form 990) 2022 Page Does the organization conduct gaming activities with nonmembers? Is the organization a grantor, beneficiary or trustee of a trust, or a member of a partnership or other entity formed to administer charitable gaming? ~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Indicate the percentage of gaming activity conducted in: The organization's facility An outside facility ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~% %~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Enter the name and address of the person who prepares the organization's gaming/special events books and records: Name Address Does the organization have a contract with a third party from whom the organization receives gaming revenue? If "Yes," enter the amount of gaming revenue received by the organization ~~~~~~ $and the amount of gaming revenue retained by the third party $ If "Yes," enter name and address of the third party: Name Address Gaming manager information: Name Gaming manager compensation Description of services provided $ Director/officer Employee Independent contractor Mandatory distributions: Is the organization required under state law to make charitable distributions from the gaming proceeds to retain the state gaming license?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Enter the amount of distributions required under state law to be distributed to other exempt organizations or spent in the organization's own exempt activities during the tax year $ Provide the explanations required by Part I, line 2b, columns (iii) and (v); and Part III, lines 9, 9b, 10b, 15b, 15c, 16, and 17b, as applicable. Also provide any additional information. See instructions. Part IV Supplemental Information. County, Inc.59-6046994 Legal Aid Society of Palm Beach 36 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 465 232084 04-01-22 4 Schedule G (Form 990) (continued) Schedule G (Form 990)Page Part IV Supplemental Information County, Inc.59-6046994 Legal Aid Society of Palm Beach 37 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 466 OMB No. 1545-0047 Department of the Treasury Internal Revenue Service 232101 10-31-22 SCHEDULE I (Form 990) Complete if the organization answered "Yes" on Form 990, Part IV, line 21 or 22. Attach to Form 990. Go to www.irs.gov/Form990 for the latest information. Open to Public Inspection Employer identification number Part I General Information on Grants and Assistance 1 2 Yes No Part II Grants and Other Assistance to Domestic Organizations and Domestic Governments. (f) 1 (a) (b) (c) (d) (e) (g) (h) 2 3 For Paperwork Reduction Act Notice, see the Instructions for Form 990.Schedule I (Form 990) 2022 Name of the organization Does the organization maintain records to substantiate the amount of the grants or assistance, the grantees' eligibility for the grants or assistance, and the selection criteria used to award the grants or assistance?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Describe in Part IV the organization's procedures for monitoring the use of grant funds in the United States. Complete if the organization answered "Yes" on Form 990, Part IV, line 21, for any recipient that received more than $5,000. Part II can be duplicated if additional space is needed. Method ofvaluation (book, FMV, appraisal,other) Name and address of organization or government EIN IRC section (if applicable) Amount of cash grant Amount of noncash assistance Description of noncash assistance Purpose of grant or assistance Enter total number of section 501(c)(3) and government organizations listed in the line 1 table Enter total number of other organizations listed in the line 1 table ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ LHA Grants and Other Assistance to Organizations, Governments, and Individuals in the United States 2022 Legal Aid Society of Palm Beach County, Inc. Coalition of Palm Beach County, 59-2657051 501 (c) (3)150.0. Healthy Mothers/Healthy Babies Unrestricted funds 1. X Inc. - 4601 Lake Worth Rd. - 59-6046994 Greenacres, FL 33463 38 467 232102 10-31-22 2 Grants and Other Assistance to Domestic Individuals. Part III (e) (a) (b) (c) (d) (f) Part IV Supplemental Information. Schedule I (Form 990) 2022 Schedule I (Form 990) 2022 Page Complete if the organization answered "Yes" on Form 990, Part IV, line 22. Part III can be duplicated if additional space is needed. Method of valuation(book, FMV, appraisal, other)Type of grant or assistance Number of recipients Amount of cash grant Amount of non- cash assistance Description of noncash assistance Provide the information required in Part I, line 2; Part III, column (b); and any other additional information. Assistance to Individuals 218 169,545.0.General Assistance Legal Aid Society of Palm Beach County, Inc.59-6046994 Misc. supplies, rent and living expenses 39 468 OMB No. 1545-0047 Department of the Treasury Internal Revenue Service 232111 10-18-22 For certain Officers, Directors, Trustees, Key Employees, and HighestCompensated Employees Complete if the organization answered "Yes" on Form 990, Part IV, line 23.Open to Public InspectionAttach to Form 990. Go to www.irs.gov/Form990 for instructions and the latest information. Employer identification number Yes No 1a b 1b 2 2 3 4 a b c 4a 4b 4c Only section 501(c)(3), 501(c)(4), and 501(c)(29) organizations must complete lines 5-9. 5 5a 5b 6a 6b 7 8 9 a b 6 a b 7 8 9 For Paperwork Reduction Act Notice, see the Instructions for Form 990.Schedule J (Form 990) 2022 Name of the organization Check the appropriate box(es) if the organization provided any of the following to or for a person listed on Form 990, Part VII, Section A, line 1a. Complete Part III to provide any relevant information regarding these items. First-class or charter travel Travel for companions Housing allowance or residence for personal use Payments for business use of personal residence Tax indemnification and gross-up payments Discretionary spending account Health or social club dues or initiation fees Personal services (such as maid, chauffeur, chef) If any of the boxes on line 1a are checked, did the organization follow a written policy regarding payment or reimbursement or provision of all of the expenses described above? If "No," complete Part III to explain ~~~~~~~~~~~ Did the organization require substantiation prior to reimbursing or allowing expenses incurred by all directors, trustees, and officers, including the CEO/Executive Director, regarding the items checked on line 1a?~~~~~~~~~~~~ Indicate which, if any, of the following the organization used to establish the compensation of the organization's CEO/Executive Director. Check all that apply. Do not check any boxes for methods used by a related organization to establish compensation of the CEO/Executive Director, but explain in Part III. Compensation committee Independent compensation consultant Form 990 of other organizations Written employment contract Compensation survey or study Approval by the board or compensation committee During the year, did any person listed on Form 990, Part VII, Section A, line 1a, with respect to the filing organization or a related organization: Receive a severance payment or change-of-control payment? Participate in or receive payment from a supplemental nonqualified retirement plan? Participate in or receive payment from an equity-based compensation arrangement? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~ If "Yes" to any of lines 4a-c, list the persons and provide the applicable amounts for each item in Part III. For persons listed on Form 990, Part VII, Section A, line 1a, did the organization pay or accrue any compensation contingent on the revenues of: The organization? Any related organization? If "Yes" on line 5a or 5b, describe in Part III. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ For persons listed on Form 990, Part VII, Section A, line 1a, did the organization pay or accrue any compensation contingent on the net earnings of: The organization? Any related organization? If "Yes" on line 6a or 6b, describe in Part III. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ For persons listed on Form 990, Part VII, Section A, line 1a, did the organization provide any nonfixed payments not described on lines 5 and 6? If "Yes," describe in Part III Were any amounts reported on Form 990, Part VII, paid or accrued pursuant to a contract that was subject to the initial contract exception described in Regulations section 53.4958-4(a)(3)? If "Yes," describe in Part III ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~ If "Yes" on line 8, did the organization also follow the rebuttable presumption procedure described in Regulations section 53.4958-6(c)? LHA SCHEDULE J (Form 990) Part I Questions Regarding Compensation Compensation Information 2022 Legal Aid Society of Palm Beach 59-6046994 X X X X X X X X X X County, Inc. 40 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 469 232112 10-18-22 2 Part II Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees. Note: (B) (C) (D) (E) (F) (A) (i) (ii) (iii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) (i) (ii) Schedule J (Form 990) 2022 Schedule J (Form 990) 2022 Page Use duplicate copies if additional space is needed. For each individual whose compensation must be reported on Schedule J, report compensation from the organization on row (i) and from related organizations, described in the instructions, on row (ii). Do not list any individuals that aren't listed on Form 990, Part VII. The sum of columns (B)(i)-(iii) for each listed individual must equal the total amount of Form 990, Part VII, Section A, line 1a, applicable column (D) and (E) amounts for that individual. Breakdown of W-2 and/or 1099-MISC and/or 1099-NECcompensation Retirement and other deferred compensation Nontaxable benefits Total of columns (B)(i)-(D) Compensation in column (B) reported as deferred on prior Form 990Name and Title Base compensation Bonus & incentive compensation Other reportable compensation Legal Aid Society of Palm Beach County, Inc. 152,291.0.0.3,300.15,041.170,632.0. Executive Director 0.0.0.0.0.0.0. 59-6046994 (1) Robert Bertisch 41 470 232113 10-18-22 3 Part III Supplemental Information Schedule J (Form 990) 2022 Schedule J (Form 990) 2022 Page Provide the information, explanation, or descriptions required for Part I, lines 1a, 1b, 3, 4a, 4b, 4c, 5a, 5b, 6a, 6b, 7, and 8, and for Part II. Also complete this part for any additional information. Legal Aid Society of Palm Beach 59-6046994County, Inc. 42 471 OMB No. 1545-0047 Department of the Treasury Internal Revenue Service 232211 10-28-22 Complete to provide information for responses to specific questions onForm 990 or 990-EZ or to provide any additional information. Attach to Form 990 or Form 990-EZ.Go to www.irs.gov/Form990 for the latest information. Open to Public Inspection Employer identification number For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.Schedule O (Form 990) 2022 Name of the organization LHA (Form 990) SCHEDULE O Supplemental Information to Form 990 or 990-EZ 2022 Form 990, Part I, Line 1, Description of Organization Mission: Palm Beach County so as to protect their personal safety, improve their lifestyle and living conditions and promote self-sufficiency. Form 990, Part III, Line 4d, Other Program Services: The Domestic Violence Project provides survivors of abuse with legal advice, consultation, and assistance in filing injunctions for protection (restraining orders) and legal representation at hearings on injunctions for protection. The Project strives to ensure that clients are protected from further violence while also promoting stability by establishing parenting plans and securing financial support for survivors as appropriate. To further promote stability, The Domestic Violence Project provides holistic legal services including assistance in related family law matters. The Project not only assists in navigating the legal system but provides referrals to community resources to help survivors access personalized safety planning, support groups, transitional housing and financial resources. The Domestic Violence Project served 1,960 clients in FY 2021-2022. Expenses $ 1,130,775. including grants of $ 0. Revenue $ 0. During FY 2022-2023 other legal counseling services were provided to many individuals. Expenses $ 1,491,528. including grants of $ 169,695. Revenue $ 196,121. Form 990, Part VI, Section B, line 11b: A draft copy of Form 990 is presented to the members of the board of County, Inc.59-6046994 Legal Aid Society of Palm Beach 43 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 472 232212 10-28-22 2 Employer identification number Schedule O (Form 990) 2022 Schedule O (Form 990) 2022 Page Name of the organization directors for approval prior to filing. Form 990, Part VI, Section B, Line 12c: An annual, signed document is submitted by members of the board and key employees disclosing potential conflicts of interest. Form 990, Part VI, Section B, Line 15a: The board of directors requested the administrator obtain a salary survey and provide recommendations to the board from which the executive director's salary is set. Form 990, Part VI, Section C, Line 19: The Organization makes its governing documents, conflict of interest policy, and financial statements available to the public upon request. Part XII Line 2C The audit report is reviewed annually at the audit report review meeting as presented by the independent auditor. County, Inc.59-6046994 Legal Aid Society of Palm Beach 44 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 473 Department of the Treasury Internal Revenue Service File by the due date for filing your return. See instructions. 223841 04-01-22 | File a separate application for each return. | Go to www.irs.gov/Form8868 for the latest information. Electronic filing (e-file). Type or print Application Is For Return Code Application Is For Return Code 1 2 3a b c 3a 3b 3c $ $ $ Balance due. Caution: For Privacy Act and Paperwork Reduction Act Notice, see instructions.8868 www.irs.gov/e-file-providers/e-file-for-charities-and-non-profits. Form (Rev. January 2022)OMB No. 1545-0047 You can electronically file Form 8868 to request a 6-month automatic extension of time to file any of the forms listed below with the exception of Form 8870, Information Return for Transfers Associated With Certain Personal Benefit Contracts, for which an extension request must be sent to the IRS in paper format (see instructions). For more details on the electronic filing of this form, visit All corporations required to file an income tax return other than Form 990-T (including 1120-C filers), partnerships, REMICs, and trusts must use Form 7004 to request an extension of time to file income tax returns. Name of exempt organization or other filer, see instructions.Taxpayer identification number (TIN) Number, street, and room or suite no. If a P.O. box, see instructions. City, town or post office, state, and ZIP code. For a foreign address, see instructions. Enter the Return Code for the return that this application is for (file a separate application for each return) Form 990 or Form 990-EZ Form 4720 (individual) Form 990-PF 01 03 04 05 06 07 Form 1041-A 08 09 10 11 12 Form 4720 (other than individual) Form 5227 Form 6069 Form 8870 Form 990-T (sec. 401(a) or 408(a) trust) Form 990-T (trust other than above) Form 990-T (corporation) ¥The books are in the care of | Telephone No.|Fax No.| ¥If the organization does not have an office or place of business in the United States, check this box ~~~~~~~~~~~~~~~~~| ¥If this is for a Group Return, enter the organization's four digit Group Exemption Number (GEN). If this is for the whole group, check this box . If it is for part of the group, check this box and attach a list with the names and TINs of all members the extension is for.|| I request an automatic 6-month extension of time until , to file the exempt organization return for the organization named above. The extension is for the organization's return for: | | calendar year or tax year beginning , and ending . If the tax year entered in line 1 is for less than 12 months, check reason:Initial return Final return Change in accounting period If this application is for Forms 990-PF, 990-T, 4720, or 6069, enter the tentative tax, less any nonrefundable credits. See instructions. If this application is for Forms 990-PF, 990-T, 4720, or 6069, enter any refundable credits and estimated tax payments made. Include any prior year overpayment allowed as a credit. Subtract line 3b from line 3a. Include your payment with this form, if required, by using EFTPS (Electronic Federal Tax Payment System). See instructions. If you are going to make an electronic funds withdrawal (direct debit) with this Form 8868, see Form 8453-TE and Form 8879-TE for payment instructions. LHA Form (Rev. 1-2022) Automatic 6-Month Extension of Time. Only submit original (no copies needed). 8868 Application for Automatic Extension of Time To File anExempt Organization Return Legal Aid Society of Palm Beach County, Inc. Robert A. Bertisch X 0. 0. 0. (561) 655-8944 423 Fern Street, 200 West Palm Beach, FL 33401 59-6046994 August 15, 2024 OCT 1, 2022 SEP 30, 2023 423 Fern St. - West Palm Beach, FL 33401 0 1 1 10470621 784176 0400900 2022.06000 LEGAL AID SOCIETY OF PALM 04009001 474 475 476 OFFICERS CHAIR Jeffrey A. Stoops VICE CHAIR Susan P. Brockway TREASURER Dennis S. Hudson III SECRETARY Sheree Davis Cunningham IMMEDIATE PAST CHAIR Julie Fisher Cummings PRESIDENT & CEO Danita R. DeHaney BOARD OF DIRECTORS Michael J. Bracci Nancy G. Brinker Timothy D. Burke Julie Fisher Cummings Chip DiPaula William E. Donnell Earnie Ellison Jr. Dennis P. Gallon Phyllis M. Gillespie Tammy Jackson-Moore Joanne Julien Gabrielle Raymond McGee David Mérot Elizabeth R. Neuhoff Pamela M. Rauch Laurie Silvers Susan S. Stautberg Meredith Trim PRESIDENT EMERITUS Bradley A. Hurlburt July 1, 2024 Robert Bertisch, Executive Director Legal Aid Society of Palm Beach County Inc 423 Fern Street Suite 200 West Palm Beach, FL 33401 Re: Agreement for Grant Award #37969 Dear Mr. Bertisch: Congratulations! I am pleased to inform you that the Community Foundation for Palm Beach and Martin Counties, hereinafter referred to as “CFPBMC,” has approved a grant to Legal Aid Society of Palm Beach County Inc, hereinafter referred to as “Grantee,” in the amount of $50,000 for Heirs Property Legal Assistance Project (the “Project”). For the CFPBMC to issue the grant, we must receive a signed copy of this agreement in its entirety confirming acceptance of the terms and conditions of the grant as outlined below. This grant is made possible through the generosity of the following fund(s): John D. and Catherine T. MacArthur Fund The grant period for the Project is July 1, 2024 – June 30, 2025. Reporting schedule for this grant includes: a. Mid-year Check-in Call/Zoom (CFPBMC staff will schedule a 30 min check- in between Nov. 2024 – Jan. 2025) b. Final Report (due July 30, 2025, at 5 PM) All reports have already been assigned through our Online Grant Interface, Foundant. Use of Grant: This grant is for the Project and is made solely to achieve the objectives and outcomes and/or deliverables described in your proposal submitted to CFPBMC. Grantee agrees to perform the Project as described in the Grantee’s proposal, attached hereto and incorporated herein by reference as Exhibit A (the “Proposal”). DocuSign Envelope ID: 2AA2F5FB-D338-4301-B503-4D17458A0547 477 2 Outcomes or Deliverables: The Grantee is expected to achieve the following objectives and outcomes and/or deliverables described in your Proposal: # of clients served # of resolved property issues Client satisfaction reported by the end of the grant period Contingencies: The following contingencies must be met so that timely payments are made: N/A Payment Schedule: Payment, subject to any contingencies specified above, will be disbursed upon our receipt of your signed grant agreement or, if a multi-year grant, payment will be disbursed at the beginning of each grant year. Terms and Conditions: The following terms and conditions apply to this grant: 1. Grantee agrees to expend the funds from this grant for purposes within the meaning of Section 170(c)(2)(B) of the Internal Revenue Code, for the Project, and in accordance with the terms and conditions of this grant . 2. The CFPBMC may monitor and evaluate operations under this grant, and Grantee will provide full and complete access to the Grantee’s files and financial records relating to the grant and/or tax status upon request. 3. Grantee certifies that it has been determined by the Internal Revenue Service to be a tax-exempt organization under Section 501(c)(3) of the Code, and “not a private foundation,” within the meaning of Code Section 509(a) (a “Public Charity”). Grantee will immediately inform CFPBMC of any change in or challenge to your status as a Public Charity. Further, Grantee hereby affirms that this grant will not cause it to fail to qualify as a Public Charity. Grantee will comply with the provisions of the Internal Revenue Code and the regulations thereunder applicable to it as a Public Charity. 4. CFPMBC may discontinue, modify, withhold or terminate, at its sole discretion, this grant if it deems such action necessary. If CFPBMC terminates on account of a change in Grantee’s Public Charity status or Grantee’s failure to comply with the terms and conditions of this grant, CFPBMC may require that Grantee refund any portion of the grant funds not used in accordance with this grant. 5. At the mid-point (for Community Impact Grant recipients only) and conclusion of the grant period (for all grant recipients), the Grantee agrees to furnish a written report to the CFPBMC describing the activities carried out and lessons learned, as well as a fiscal accounting of the grant funds. The report will contain the information requested in the Report of Grantee, which is available by logging into Foundant. DocuSign Envelope ID: 2AA2F5FB-D338-4301-B503-4D17458A0547 478 3 6. The Grantee is responsible for the expenditure of funds and for maintaining adequate supporting records consistent with generally accepted accounting practices. Expenses charged against this grant may not be incurred before the effective date of the grant or subsequent to the termination date and may be incurred only as necessary to carry out the purposes and activities of the approved Project. Any portion of the grant funds not used in accordance with these terms must be repaid to the CFPBMC if CFPBMC requests. No change in purpose, grant period, budget categories, outcomes/deliverables, or reporting dates may be made unless approved in writing in advance by CFPBMC. 7. If requested by CFPBMC, Grantee will provide yearly audited financials or IRS 990 to CFPBMC for the duration of the grant period. 8. Equipment purchased with grant funds shall be the property of the Grantee so long as it is not diverted from the purposes for which the grant was made during the grant period. If the purpose or use is changed or the Grantee goes out of existence, the property reverts to CFPBMC. 9. No grant funds are to be used for purposes of lobbying on behalf of legislation, to influence the outcome of a public election, or directly or indirectly in any voter registration drive. 10. The CFPBMC requires as a term and condition of the grant that the Grantee provides recognition and acknowledgment of CFPBMC’s award and contribution in all activities, publications , and materials associated with this funding. All media communications pertaining to the Project should clearly indicate the support of the CFPBMC. All communications must be approved by the CFPBMC’s Director of Marketing and Communications before publication. Please retain copies of all media communications to include in your final report. To publicize this grant award, the CFPBMC may use excerpts from the final report and any accompanying photos or materials on the CFPBMC’s Web site as well as in print documents or publications. Please review our Grantee Press Kit for more information about our practices and expectations. 11. The CFPBMC does not discriminate based on race, color, religion, national origin, disability, sex, veteran status, marital status, pregnancy, age, or genetic information. Grantees of the CFPBMC must hold similar standards. CFPBMC requires that all Grantees have anti-discrimination and/or anti-harassment policies and reserves the right to revoke this agreement if the policies are not adhered to. The CFPBMC has no obligation to provide and/or to commit additional financial support to the Grantee for the Project. We encourage the Grantee to seek alternative and/or additional sources of funding beyond the grant the CFPBMC currently provides to ensure the future sustainability of the Project. Congratulations on the fine work you and your organization are accomplishing in service to our community. Please continue to communicate with your grant officer, Corey Murphy, throughout the grant period. We are pleased to be your partner in philanthropy and look forward to working with you to address challenges and celebrate successes. DocuSign Envelope ID: 2AA2F5FB-D338-4301-B503-4D17458A0547 479 4 Sincerely, Daniel Gibson Vice President for Community Impact Re: Approval of Grant Award #37969 ACCEPTED AND AGREED ___________________________________________ Grantee/Fiscal Sponsor President/CEO or Board Director Signature By: Robert Bertisch, Legal Aid Society of Palm Beach County Inc Date: ______________________________________ 561.659.6800 | 561.832.6542 fax | 700 South Dixie Highway, Suite 200 | West Palm Beach | Florida 33401 | info@cfpbmc.org | yourcommunityfoundation.org DocuSign Envelope ID: 2AA2F5FB-D338-4301-B503-4D17458A0547 7/1/2024 480 Executive Committee Brian Kirkpatrick Chair Ronald Romear, MD Vice Chair Grants Committee Chair Michael Dixon Finance & Investment Committee Chair Daniel Alberttis Secretary/Treasurer Audit Committee Chair Gerald O’Connor, MD Immediate Past Chair Trustees: Yolette Bonnet Jeannette Corbett Karl Dhana, MD Michele Jacobs James Kintz, Emeritus Shaun McGruder Anthony McNicholas, Emeritus William Meyer Stephen Moore Eric Kelly President QUANTUM FOUNDATION 2701 N Australian Avenue Suite 200 West Palm Beach, FL 33407 Phone: 561-832-7497 Fax: 561-832-5794 www.quantumfnd.org Award Letter and Grant Agreement June 3, 2024 Robert Bertisch, Executive Director Legal Aid Society of Palm Beach County, Inc. 423 Fern Street, Suite 200 West Palm Beach, FL 33401-5839 Re: Heirs Property Legal Preservation Project Grant #: G-202312-72137617 Dear Robert: I am very pleased to notify you that the Quantum Foundation (the "Foundation") has approved a one-time grant of $50,000 to Legal Aid Society of Palm Beach County, Inc. for Heirs Property Legal Preservation Project (the "Project") G-202312-72137617. This grant is for the period of June 25, 2024 to June 24, 2025 (the "Grant Period"). The Grant Period may be extended at the sole discretion of the Foundation. The purpose of this agreement is to create the basis for a strong working relationship between you and the Foundation and to set forth certain agreements regarding the Project. It sets out our expectations and requires us to communicate to make the Project and our relationship stronger. If you do not understand any portion of this Agreement, please ask for clarification. Payment of Grant Funds will be made in accordance with Section 11 following execution of this grant agreement (the "Agreement"). The distribution of the remaining Grant Funds under this award depends on among other things the achievement of mutually agreed-upon Project goals, objectives and outcomes as described in the Project Proposal (as defined below), and the fulfillment of other requirements such as Grantees compliance with this Agreement, as determined by the Foundation, in its sole discretion. Please review this Agreement carefully. If you agree with the terms and conditions of this Agreement, please sign it below where indicated no later than the grant start date. We look forward to working with you on your Project and hope to have a continuing and mutually beneficial relationship with you. DocuSign Envelope ID: 803DA94D-096A-46DD-8858-871F43398E14 481 1. General Terms and Conditions of Grant. In connection with the grant, Grantee represents, warrants and covenants (promises) to the Foundation, as follows, which representations, warranties and covenants shall survive during the Grant Period or longer as specifically set forth herein. 2. Use of Grant Funds. The grant, and all income earned thereon (collectively the "Grant Funds") shall only be used for the Project, substantially in accordance Grantee's proposal, in the form submitted by Grantee and approved by the Foundation , and incorporated herein for funding including, without limitation, the evaluation model, budget and budget narrative (the "Project Proposal"). Using Grant Funds for any purpose other than the Project is a breach of this Agreement. No substantial variances in the Project Proposal including, without limitation, the purpose or timing of expenditures under the Project Proposal, may be made without the Foundation's prior written approval. Any variance of 10% or greater to any line item on the Budget and Budget Narrative must be approved by Foundation staff. In other words, if there is a change in the project or how you want to spend the grant dollars, you must contact the foundation for approval first. 3. Security Interest. As security for the Grant Funds, Grantee hereby grants to the Fo undation a security interest in and lien on all equipment, materials, tangible and intangible personal property and fixtures whether now owned or existing or hereafter acquired or arising, together with any and all additions thereto and replacements therefore and proceeds and products thereof (hereinafter referred to collectively as the "Collateral") acquired by Grantee using the Grant Funds (the "Security Interest"). The Security Interest shall remain in full force and effect for the useful life of the Collateral. Grantee understands and acknowledges that the Foundation will file financing statements regarding the Collateral and Grantee will provide the Foundation with the information it needs to do so. Upon an Event of Default (see Section 9 below), in addition to the rights and remedies that the Foundation may have under the law and this Agreement, the Collateral and all right title and interest therein shall revert to and/or rest in the Foundation, Grantee shall cooperate with the Foundation to preserve the Collateral as directed by the Foundation. Upon an Event of Default, the Foundation shall be free to use or dispose of the Collateral in its sole discretion. 4. Grantee's Obligations. In addition the other obligations set forth in this Agreement, Gran tee shall: a. Directly administer and manage the Project in accordance with the Project Proposal; b. Provide the Foundation with periodic outcome measures ("Progress Reports") in accordance with the Evaluation Logic Model for Outcome Measures, as such may be updated or amended from time to time; c. Promote the grant in accordance with Section 12; d. Account for all Grant Funds separately from its other funds in its books and records; e. Maintain its books and records in accordance with generally accepted accounting practices, and maintain all documents supporting the disbursement and expenditures of Grant Funds, such as bills, invoices, receipts and canceled checks; f. Invest the Grant Funds in highly liquid investments (such as interest-bearing bank accounts) with the primary objective of preservation of principal so that the Grant funds and any income earned thereon are available for the Project; g. Not commit to or insure expenses subsequent to the termination or expiration of the Grant Period or this Agreement. DocuSign Envelope ID: 803DA94D-096A-46DD-8858-871F43398E14 482 h. Notify the Foundation within 24 hours of the following: i. any Event of Default (as defined below); or ii. any change in the Grantee’s legal or tax-exempt status; or iii. any change in the Project, (i.e., grant purpose, staff, funding from other sources, and so on); or iv. Grantee’s inability to achieve the Project goals, objectives and outcomes as described in the Project Proposal, or to expend the Grant Funds for the Project during the Grant Period; or v. any change in Grantee’s executive staff, including any change in Grantee’s Project managers/directors; or vi. upon the initiation, occurrence or conclusion of any investigation or audit by any governmental authority or funding agency. 5. Restrictions on Use of Grant Funds. Grantee shall not use the Grant Funds to: a. Attempt to influence legislation or the outcome of any specific public election; b. Carry on, directly or indirectly any voter registration drive; c. Make grants to individuals or to other organizations except as described in the Project Proposal; d. Undertake any activities for a non-charitable purpose, or a purpose that is not within the IRS recognized exempt purpose of the grantee; e. Undertake any activities for a purpose other than for the Project; or f. Reimburse any expenses incurred prior to the start date of the Grant Period. 6. Other Restrictions. The USA Patriot Act of 2001 and other federal laws and regulations and executive orders administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) prohibit, among other things, the engagement in transaction s with, and the provision of services to, certain foreign countries, territories, entities and individuals. Grantee represents and warrants that, at the time of execution of this Agreement and during the Grant Period, none of the following is a country, territory, individual or entity named on the OFAC lists of Sanctioned Countries or Specially Designated Nationals: Grantee; any person or entity controlling or controlled by Grantee; any person or entity having a beneficial interest in Grantee; or any person or entity for whom Grantee is acting as agent or nominee in connection with the Project. Grantee understands and agrees that any violation of this Section 6 will be grounds for immediate termination of the grant and this Agreement. 7. Grantee Organization Legal and Tax Status. Grantee represents and warrants to the Foundation that: a. Grantee is a not for profit corporation, validly existing and in good standing under the laws of the State of Florida, with full power and authority to execute, deliver and perform its obligations under this Agreement; b. Grantee is actively registered under the Florida Solicitation of Funds for Charitable Purposes Act, or any successor thereto, or is otherwise exempt from such registration requirements; c. This Agreement has been duly authorized, executed and delivered by Grantee and constitutes a legal, valid and binding obligation of Grantee, enforceable against it in accordance with its terms. No authorization, approval or order of any court or public board or body is required to be obtained by Grantee in connection with the execution and delivery of this Agreement; DocuSign Envelope ID: 803DA94D-096A-46DD-8858-871F43398E14 483 d. The execution and delivery by the Grantee of this Agreement and the performance by the Grantee of its obligations hereunder do not conflict with or violate: (i) any provision of the Grantee’s Articles of Incorporation or By-laws; (ii) any agreement or instrument to which the Grantee is a party or by which any of its properties are bound; (iii) any judgment, order, writ, injunction or decree binding on the Grantee; or (iv) any law, rule, regulation or ordinance applicable to the Grantee; e. The facts supporting Grantee’s tax-exempt and public charity status under Sections 501(c)(3) and 509(a) of the Internal Revenue Code have not changed since the issuance of the IRS determination letter which was provided to the Foundation, and the Grantee is not aware of any proposed changes in its tax-exempt status under Code Sections 501(c)(3) or 509(a) or relevant state law. The Grantee is not aware of any actual or potential imposition of excise taxes under Chapter 42 of the Code (including, but not limited to Code Section 4958, dealing with “intermediate sanctions”). 8. Books and Records. As set forth in Section 4.e, Grantee shall keep and maintain its books and records, which shall include, but not be limited to, financial records, QuickBooks records, paystubs, policies & procedures, sign-in sheets, and all substantive materials related to the Project. These books and records shall be retained in Grantee's files for at least four (4 ) years after expiration of the Grant Period, the termination or expiration of this Agreement, or as long as necessary to complete an audit commenced before the expiration of the four year period set forth above. During normal business hours and upon reasonable notice, Grantee shall make its books and records available to the Foundation and/or its designees for inspection and audit. The Foundation reserves the right to request Grantee’s most recent Financial and Compliance Audit, complete with Management Letter and/or a Form 990 (if applicable), within one hundred twenty (120) days after Grantee's fiscal year-end and for each of the Grantee's fiscal years occurring during the Grant Period. 9. Term and Termination. This Agreement shall remain in effect for the Grant Period unless otherwise terminated in accordance with this Section 9. This Agreement may be terminated, or the distribution of Grant Funds may be suspended or withdrawn, by the Foundation, in the Foundation’s sole discretion upon any of the following (each an “Event of Default”): a. Grantee breaches this Agreement or any of its terms or conditions; b. Grantee cannot conduct its activities generally including, without limitation, Grantee becoming insolvent, ceasing or being unable to pay its debts as th ey come due, or filing a voluntary petition for bankruptcy; c. Grantee fails to achieve periodic outcome measures as set forth in Section 4.b above; d. The Foundation is not reasonably satisfied with the Project’s progress; or e. Grantee experiences a leadership or other change that may threaten the Project. 10. Effects of Termination. Upon the termination or expiration (the “Termination”) of this Agreement Grantee shall: a. Immediately cease using Grant Funds for any purpose, and make no further expenditures or commitments of Grant Funds; b. Return all uncommitted, unused, unexpended, and/or improperly used Grant Funds to the Foundation within 30 days after the Termination date; and c. Provide the Foundation with a written report detailing the use of all Grant Funds. DocuSign Envelope ID: 803DA94D-096A-46DD-8858-871F43398E14 484 11. Payments and Reports. a. Grantee shall receive an initial Grant Fund distribution at the beginning, of the Grant Period. All subsequent distributions shall be made if, in the Foundations sole discretion, Grantee has reached the applicable milestones set forth in the Project Proposal, and there has been no Event of Default (see Section 9). b. Grantee shall submit all Progress Reports online at www.quantumfnd.org. Each Progress Report may include: i. A narrative detailing Grantee’s progress toward achieving the grant purpose in accordance with the Project Proposal, and problems or obstacles encountered in achieving the grant purpose(s); and ii. A financial report detailing all expenditures as of the date of the report compared to the approved budget line item. iii. Email notifications regarding the Progress Report schedule, including due date reminders, shall be sent to Grantee’s primary contact as set forth in the Project Proposal. Grantee is responsible for submitting the reports on time , even if no notification is received. c. Payment schedule Payment Date Payment Amount June 25, 2024 $ 50,000 12. Publicity. When promoting the grant, Grantee shall submit materials to Quantum Foundation for approval and: a. State that Project funding was made available from the Quantum Foundation; b. Promote the Project with news releases to the local media. If local media is being invited to cover the Project or event, please invite Foundation staff by sending all pertinent information to the Foundation. Foundation contact information is set forth on Exhibit A. All media releases should include the Quantum Foundation logo available at https://quantumfnd.org/media/ and a description of the Foundation available on www.quantumfnd.org. c. Grantees are encouraged to tag the Foundation in all social media posts using social media tools such as Facebook, YouTube and Twitter. The Foundation can also be found on these social media sites under the name “Quantum Foundation.” The Quantum Foundation twitter account is @quantumfnd, its Facebook page is https://www.facebook.com/QuantumFnd. d. If Grantee has an active grant in good standing wit h the Foundation, the Foundation's logo can be used on all Project collateral materials including websites, email blasts, brochures and posters. The Foundation logo can be downloaded from the following link https://quantumfnd.org/media/. e. Additional guidance on all press, media or promotional events is provided to Grantees through the Foundation. Please see Exhibit A for contact information. DocuSign Envelope ID: 803DA94D-096A-46DD-8858-871F43398E14 485 13. Copyright and Foundation Use of Data. If any publications, manuals, films or other copyrightable materials including, without limitation, any and all data collected in connection with the grant in any and all forms or media in which said data are fixed (the “Material”) are produced, the Grantee shall notify the Foundation. Any and all copyrights accruing under, or in connection with, the Project shall be owned by Grantee. Grantee hereby grants to the Foundation a non-exclusive, world-wide, perpetual, royalty fee license to reproduce, publish, copy, alter, perform or display or otherwise use and license others, the Material. The Grantee, in addition to its obligations under Section 15, shall indemnify and save harmless the Foundation, its directors, officers, employees, agents, and representatives from liability of any nature or kind, including costs and expenses, for or on account the Material. 14. Insurance. a. It is important that the Grantee, its contractors and Grantee’s licensed professionals be properly insured for the conduct of the Project, as well as its and their other activities. Accordingly, the Grantee agrees to maintain in full force and effect during the Grant Period at its sole expense commercial general liability insurance (including broad form contractual liability, bodily injury, and property damage; written on an occurrence basis) with minimum coverage of $1,000,000 per occurrence and $2,000,000 in annual aggregate. The policy must be in the broadest form available on customary commercial terms and shall be written by insurers of recognized financial standing. The Foundation shall be named an additional insured on the policy, with the understanding that any obligations imposed upon the Grantee (including, without limitation, the liability to pay premiums) shall be the sole obligations of the Grantee and not those of the Foundation. b. Grantee represents and warrants that all licensed professionals employed or engaged by Grantee, do and shall maintain professional liability insurance during the Grant Period, or conversely, Grantee agrees that Grantee, at its sole expense, so maintains such professional liability insurance on behalf of each such licensed professional, all in amounts deemed appropriate by Grantee. Grantee shall provide copies of the certificates confirming such insurance promptly upon Foundation’s request. Licensed Professionals include, by way of example, any professions regulated and licensed by the Florida Department of Health or the Florida Department of Business and Professional Regulation. c. Grantee shall include in all of its contracts for work that is to be funded in whole or in part with grant funds provided by Foundation, a provision or provisions requiring all contractors to purchase and maintain comprehensive third-party legal liability insurance and other such insurance as is appropriate for the work to be performed. All insurance provided by the contractor must name Foundation as an additional insured. The insurance provided shall include, but not be limited to, insurance protecting Foundation from bodily injury and property damage, including but not limited to, all workers’ compensation insurance and errors and omissions. Grantee shall provide copies of the certificates confirming such insurance upon Foundation’s request. d. The insurance policies shall be primary insurance ahead of any insurance carried by the Foundation and shall provide for notification to the Foundation thirty (30) days prior to termination, material change or restrictive amendments. e. These coverages and limits are to be considered minimum requirements under this Agreement and in no way limit the liability of the Grantee under the indemnification provisions set forth below, or otherwise. The Grantee shall provide a certificate of DocuSign Envelope ID: 803DA94D-096A-46DD-8858-871F43398E14 486 insurance to the Foundation evidencing this coverage prior to performance of the Agreement and annually thereafter, at policy renewal dates throughout the term of the Agreement. 15. Indemnification. Grantee understands and agrees that it alone is responsible for its and its employees, agents and representatives. Grantee shall indemnify and agrees to hold the Foundation, its directors, officers, employees, agents, and representatives harmless from and against any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, actions, proceedings, costs, disbursements or expenses (including, without limitation, attorneys’ and expert s’ fees, expenses and disbursements) whether incurred in a third party action, in an action to enforce this Agreement or otherwise, for death of or injury to any person or loss of or damage to any property of any kind or nature and any other damage whatsoever arising out of or resulting directly or indirectly from the actions of Grantee or the failure to act by Grantee in connection with the fulfillment of its obligations under this Agreement, except to the extent same is caused by the gross negligence or willful misconduct of the person seeking to be indemnified hereunder. In addition, Grantee will pay and discharge all awards, judgments and expenses that may result from a final judgment in an indemnified suit or action. 16. Miscellaneous. The grant is for the Grantee only and may not be given to another organization except as written in Grant Proposal. Grantee’s rights and obligations under this Agreement are specific to the Grantee, which may not assign its rights or obligations hereunder, by operation of law, merger or sale of Grantee or all or substantially all of Grantees assets, to any person or entity without the prior written consent of the Foundation. No course of dealing between Grantee and the Foundation, or any delay or failure on the part of the Foundation in exercising any rights under this Agreement, shall operate as a waiver of any rights of the Foundation, except to the extent expressly waived in writing by the Foundation. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida, without regard to its conflict of laws principles. Venue for any disputes arising hereunder shall be in the courts located in Palm Beach County. 17. Survival. Sections 8, 10, 13, 14, 15 and 17 shall survive the termination or expiration of this Agreement. 18. Entire Agreement, Severability and Amendment. This Agreement is the entire agreement between the Foundation and Grantee regarding the subject matter hereof, and supersedes any prior oral or written agreements or communications. The provisions of this Agreement are severable so that if any provision is found to be invalid, illegal, or unenforceable, such finding shall not affect the validity, construction, or enforceability of any remaining provision. Unless provided otherwise, this Agreement may be amended only by a mutual written agreement of the parties. Exhibit B may be amended or modified upon notice to Grantee without written agreement of the parties. 19. Electronic Signature. Grantor and Grantee consent to the use of electronic signatures on this Agreement. This Agreement and any other documents requiring a signature hereunder, may be signed electronically by Grantor and Grantee in the manner specified by Grantor. Grantor and Grantee agree not to deny the legal effect or enforceability of this Agreement solely because it is in electronic form or because an electronic record was used in its formation. Grantor and Grantee agree not to object to the admissibility of this Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signat ure or that it is not in its original form or is not an original. DocuSign Envelope ID: 803DA94D-096A-46DD-8858-871F43398E14 487 On behalf of the board of trustees of the Quantum Foundation, I thank you for your commitment to serving our community. Sincerely, Quantum Foundation By: Eric M. Kelly, President By signing below, Grantee accepts and agrees to comply with all terms and conditions stated in this Agreement, and the accompanying attachments exhibits and or schedules, and Grantee certifies to Foundation that Grantee’s governing board has authorized the execution below . By: ____________________________________ Date:_____________________ Print Name: _____________________________ Its: Chief Executive Officer/Executive Director By: ____________________________________ Date:_____________________ Print Name: _____________________________ Its: Chair, Board of Directors DocuSign Envelope ID: 803DA94D-096A-46DD-8858-871F43398E14 Robert A. Bertisch6/4/2024 6/4/2024 Michelle Suskauer 488 Exhibit A Foundation Contact Information Purpose Contact Information Questions regarding this Agreement Elsa Blanco-Bridgen Grants Manager Telephone: 561-832-7497 Email: elsa@quantumfnd.org News and Press Events Nate Cousineau Program Officer Telephone: 561-832-7497 Email: nate@quantumfnd.org Exhibit B Project Summary The goal of the Heirs Property Legal Preservation Project (HPLPP) is to increase housing and economic stability for individuals and to promote the well-being and overall health of the Stronger Communities Initiative target communities by resolving heirs’ property legal issues. Heirs’ property situations typically involve property that has been passed down informally from generation to generation when a homeowner passes away without properly administering the estate. While the deceased individual’s heirs may have limited legal rights to the property, the lack of clear title limits their ability to sell, mortgage, insure, rehab and repair the property. This issue disproportionately affects older low-income African American communities, and can not only prevent individuals from increasing their own household wealth but can inhibit the intergenerational transfer of wealth. Through the provision of high quality legal services, the Project will obtain clear and marketable title for heirs, which may include filing a probate action or defending a mortgage foreclosure, and provide them with estate planning documents, whereby enabling them to preserve property wealth for future generations. Need Housing is widely recognized as an important social determinant of health and a key driver of health outcomes. Unstable and poor quality housing can lead to negative health outcomes, including chronic disease, injuries and poor mental health. For many communities of color, housing has historically been a source of systemic inequality, leading to wider disparities of health outcomes for entire communities. Government housing policies in the early- to mid-twentieth century that explicitly excluded African American families from homeownership opportunities often limited families to living in lower -resourced, more disadvantaged areas. This unjust legacy was recently reaffirmed in a study on housing inequities prepared by the Florida International University Jorge M. Pérez Metropolitan Center that concluded that Palm Beach County’s long history of segregation continues to harm the ability of people of color to own homes and build generational wealth, and that discriminatory housing practices such as exclusionary zoning, redlining and racial bias in the home appraisal process are still prevalent, with t he COVID-19 pandemic exacerbating these inequities. The study examined the historic segregation of Black settlements in Palm Beach County and the unfair government policies and discriminatory zoning/lending practices that have led to reduced economic opportunities and inequitable health and educational outcomes for DocuSign Envelope ID: 803DA94D-096A-46DD-8858-871F43398E14 489 residents of these underserved communities. Even for families who have managed to purchase their own homes, a lack of trust in the legal system and/or the expense associated with creating an estate plan has led to intestate succession issues when the original property owner dies, leaving heirs with clouded titles and unstable property ownership. Because they lack clear title to the home, individuals with heirs’ property issues are unable to: *Experience stable property ownership and home equity growth; *Defend against mortgage foreclosure; *Participate in government assistance programs to make property repairs, install HVAC systems and wheelchair ramps, etc.; *Receive FEMA disaster assistance; *Realize property tax savings through homestead and other exemptions; *Purchase adequate homeowners insurance; *Access home improvement loans; *Sell the property; *Defend themselves from developers acquiring the property through tax deed sales, particularl y in communities experiencing gentrification; *Preserve and pass down family wealth through generations. Solution The Heirs Property Legal Preservation Project is designed to promote positive changes in the overall health of communities in the Stronger Communities Initiative target areas by ensuring stable and secure housing and increasing the transfer of generational wealth. According to U.S. Census data, these areas have high concentrations of low-income African American families who, due to low levels of will making, are disproportionately affected by heirs’ property legal issues. The Legal Aid Society is uniquely positioned to help individuals obtain clear title to their familial properties and create their own advance directives documents so that properties will pass to the beneficiaries of their choosing. Because the heirs’ property and probate processes can be so complex, the services of a licensed attorney are essential in order to ensure that all property forms are prepared and filed, debts are paid, title documents are researched and recorded, and property is distributed to the new owners without issues. The Heirs Property Legal Preservation Project will provide a range of high quality legal services free of charge to individuals through a three-pronged approach: 1) Obtain clear and marketable title for 25 heirs by ushering the property through probate, defending a mortgage foreclosure or by pursuing a quiet title action process, whereby enabling them to legally claim homestead tax exemptions, refinance or sell the home, apply for property improvement programs, rehab and repair the property, build generational wealth, etc.; 2) Provide 25 heirs with estate planning documents (wills, quit claim deeds, lady bird deeds) that enable them to transition clean real property titles to beneficiaries and preserve the wealth embodied in the property for future generations; and DocuSign Envelope ID: 803DA94D-096A-46DD-8858-871F43398E14 490 3) Create a “First Time Homeowners” curriculum to educate a minimum of 75 individuals involved in heirs property issues on the financial and legal responsibilities of maintaining their property. The curriculum will be presented in a resource guide and through a series of 4 community workshop presentations, with topics including: * Tips for avoiding mortgage foreclosure; * Essentials of property maintenance for local code enforcement compliance; * Applying for property rehabilitation programs; * Tax responsibilities and implications; and * Understanding and maintaining homeowners insurance. A minimum of 125 individuals will benefit from project services during the 12-month grant period. Evaluation Model Impact Statement Over a one-year grant period, the Heirs Property Legal Preservation Project (HPLPP) will increase housing and economic stability for individuals and promote the well-being and overall health of the Stronger Communities Initiative target communities by resolving heirs’ property legal issues. HPLPP will provide a range of high quality legal services free of charge to a minimum of 125 eligible individuals, with the goal of obtaining clear and marketable title for heirs, which may include filing a probate action or defending a mortgage foreclosure, and providing them with estate planning documents, whereby enabling them to preserve property wealth for future generations. * Q13 - The social and physical determinants of health for communities are improved * Q15 - The financial sustainability of communities improves * Q1 – Community members have greater access to improved health, social and economic resources and initiatives Activity Outcome Indicator Provide 25 individuals with legal representation free of charge to resolve heirs property issues (clear and marketable title, mortgage foreclosure, quiet title). 90% of the individuals served will improve their housing stability. 23 (90%) of the estimated 25 individuals served will have their heirs property issues resolved as measured by comparing pre-case goals vs. closed case outcomes as tracked within the LegalServer case management system. Provide 25 individuals with estate planning documents (wills, quit claim deeds, lady bird deeds) that enable them to transition clean real property titles to beneficiaries. 90% of the individuals served will increase their financial sustainability. 23 (90%) of the estimated 25 individuals served will receive estate planning documents as measured by comparing pre-case goals vs. closed case outcomes as tracked within the LegalServer case management system. DocuSign Envelope ID: 803DA94D-096A-46DD-8858-871F43398E14 491 Provide 75 individuals with a “First Time Homeowners” curriculum on the financial and legal responsibilities of maintaining their property presented during 4 workshops over the 12-month grant period. 90% of the individuals reached will increase their understanding of property responsibilities. 68 (90%) of the estimated 75 individuals who participate in the curriculum will demonstrate an increased knowledge of property responsibilities and available resources based on a pre- and post- participation test developed by the HPLPP staff. Budget Summary Revenue Source Amount Status City of Riviera Beach $90,000.00 Pending Community Foundation for Palm Beach and Martin Counties $75,000.00 Pending Community Partners $10,000.00 Confirmed Quantum Foundation $50,000.00 Pending Total $225,000.00 Expense Category Total Quantum Personnel $169,978.00 $36,227.00 Occupancy $11,663.00 $2,712.00 Professional Development $1,725.00 $600.00 Contract Services $5,074.00 $1,190.00 Other (please specify) $344.00 $98.00 Other (please specify) $530.00 $123.00 Other (please specify) $742.00 $290.00 Other (please specify) $300.00 $75.00 Other (please specify) $1,175.00 $500.00 Indirect Expenses $26,719.00 $6,185.00 Other (please specify) $6,750.00 $2,000.00 Total $225,000.00 $50,000.00 DocuSign Envelope ID: 803DA94D-096A-46DD-8858-871F43398E14 492 Budget Narrative Expense Category Description Personnel These funds will be used for .06 FTe Program Manager, 1.0 Fte Attorney, 0.8 Fte Housing Advocate, Grant Coordinator .04 FTe , and .25 FTe Administrative Assistant. The total program FTe's is 1.90 and Quantum FTe's is 0.42 . The Percentage which is made up of benefits and payroll taxes is 20.95%. Personnel These funds will be used to help offset our rent for Office space and parking for the employees in the program. Our annual budgeted agency cost for rent and parking is $722,800 and it is allocated based on the precentage of revenue. Personnel These funds will be used to enhance the training and education of the staff in the program regarding the HEIRS project and to attend Bar functions for the attorneys. Personnel These funds will be used to provide IT support for the Program to ensure that the Staff in the program have access to the severs and network. Audit of the company to insure compliance and Payroll Management company for our payroll and tax processing . Personnel Professional Dues and Licenses - Attorney annual license renewal. Personnel Attorney Liability Insurance - Liability insurance coverage for the attorney. Personnel Library - Access to West Law Legal database for attorney and paralegal. Personnel Travel - mileage reimbursement for staff at 0.45 cents per mile to conduct program related functions such as visiting clients, attending training, and outreach events. Personnel Program Supplies for Outreach events. Personnel Indirect Expenses Consists of Software Licenses, Equipment Leases, Equipment Repairs & Maintenance, General Insurance, Postage, Printing, Office Supplies, Office Telephone, and Finance and DocuSign Envelope ID: 803DA94D-096A-46DD-8858-871F43398E14 493 Administrative Expenses. These Expenses are allocated as a percentage of revenue. Personnel Litigation - filing fees, title searches, and recording fees. DocuSign Envelope ID: 803DA94D-096A-46DD-8858-871F43398E14 494 The 2024-2025 CDBG Delray Beach contract is pending approval.495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. JOB TITLE: Attorney PROJECT: Fair Housing Project CLASSIFICATION: Full-time, exempt REPORTS TO: Supervising Attorney REVISION DATE: January 2025 JOB SUMMARY: The Fair Housing Project staff attorney position involves a high degree of professionalism, advocacy, compassion, independence, and personal initiative. The successful candidate will provide a full range of high-quality legal services to individual clients and to client groups, including representation and administrative proceedings. The attorney will practice in state and federal courts as well as before administrative agencies on behalf of victims of housing discrimination. Conducts civil lawsuits, draws up legal documents, advises clients as to legal rights, and practices other phases of fair housing law. Assists the Project Director with the implementation of a local and regional fair housing enforcement program. The work schedule is generally Monday through Friday, 9:00 a.m. — 5:00 p.m., with occasional evening or weekend work. Travel in Palm Beach, Martin, Okeechobee, St. Lucie and Hendry counties required. ESSENTIAL DUTIES AND RESPONSIBILITIES: • Represents clients before administrative and judicial tribunals in a full range of civil legal matters. • Conducts interviews of clients at the office, at outreach events or through virtual platforms. • Investigates and develops cases, including conducting necessary interviews and consulting appropriate agencies and resources. • Counsels and advises clients in legal matters. • Negotiates on behalf of clients. • Drafts letters, memos, pleadings, briefs, and other legal documents and written materials. • Manages grant deliverables and reporting requirements as required. • Analyzes facts divulged by clients to identify legal issues presented and make appropriate referrals. • Performs legal research and remains current on new developments in the law which affects clients. • Oversees the fair housing testing program. • Conducts site visits to properties being investigated and collect documents. • Maintains accurate and complete records and files regarding cases. • Makes referrals and follows up referrals of clients to appropriate alternative or additional sources of assistance. • Develops and maintains relationships with social service agencies. 516 • Plans and participates in Fair Housing Month Activities. • Provides community trainings on fair housing issues and lending discrimination. • Assists local funding jurisdictions and municipalities in fulfilling their obligations to affirmatively further fair housing. • Serves on community, bar association, and county committees where feasible. • Attends staff and other meetings in the community as assigned. • Maintains confidentiality of all information handled. • Complies with all agency policies and procedures. • Works with other staff members to form a positive, supportive team atmosphere. • Must work the days and hours to perform all assigned responsibilities and tasks, and be punctual and timely in meeting all performance requirements, including but not limited to, attendance standards and work deadlines. • Must maintain courteous, professional and effective working relationships with employees and clients of the organization. • Assists the Executive Director and/or supervisor with special projects, assignments and any additional duties as deemed appropriate or as needed. SUPERVISES: Paralegal/support staff. POSITION RELATIONSHIPS: The position requires daily contact with unit attorneys and paralegals, the executive director, and clients on a frequent basis and with other staff members on a frequent to daily basis. POSITION REQUIREMENTS: • Doctor of Jurisprudence (J.D.) from A.B.A. accredited law school. • Member of the Florida Bar. • Must have 3-5 years legal experience. • Excellent verbal and written skills. • Must have a professional attitude and pleasant manner with the public. • Knowledge of the Florida and Federal Rules of Civil Procedure. • Excellent computer and word processing skills. Proficient in using MS Outlook, MS PowerPoint, MS Word, Excel software. Experience with a case management system is a plus. • Experience with community outreach and planning and delivering public presentations. • Commitment to going above and beyond to meet all contractual deadlines. • Outstanding project management skills; ability to set priorities, manage multiple tasks, and meet deadlines. • Working to eradicate housing discrimination and help build inclusive communities through education, outreach, advocacy, and enforcement. • Must have a demonstrable commitment to understanding the issues of low-income constituents and be able to appreciate and work with a culturally and demographically diverse population. • Demonstrated commitment to fair housing and civil rights. 517 • Occasional out of area travel and overnight stays may be required. SPECIAL REQUIREMENTS AND PHYSICAL DEMANDS: • Requires safely lifting or moving up to 10 lbs on an occasional basis, for example movement of materials, files or texts. • Regular requirement to stand, and sit for long periods of time, with some walking, occasional bending, stooping, squatting, pushing and pulling. • Noise level is usually quiet to moderate. EQUIPMENT: Computer, scanner, telephone, fax, copy machine. SALARY RANGE: Continued employment is dependent on availability of funding resources. NON-DISCRIMINATION STATEMENT The Legal Aid Society does not discriminate against employees or clients on the basis of race, color, religion, gender, sexual orientation, national origin, age, disability, marital status, familial status or any other characteristic protected by Federal, State or local law or ordinance. A non- discrimination clause concerning employment opportunity is incorporated in the Employee Policy and Procedure Manual. The agency will make reasonable accommodations in compliance with the Americans with Disabilities Act of 1990. This job description may not be all-inclusive and employees are expected to perform all other duties as assigned and directed by management. Job descriptions will be reviewed periodically as duties and responsibilities change with business necessity. Essential and marginal job functions are subject to modification. I have read and understand the job responsibilities, standards and requirements for this position. Employee Name Robert Bertisch, Executive Director Date 518 519 520 521 522 523 524 525 526 527 528 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. EMPLOYEE MANUAL PUBLISHED MAY 2007 APPROVED BY THE LEGAL AID SOCIETY BOARD OF DIRECTORS MAY 26, 2020 REVISED JUNE 2024 529 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page i TABLE OF CONTENTS ABOUT THIS MANUAL ........................................................................................ 3 EMPLOYMENT POLICIES .................................................................................. 4 EQUAL EMPLOYMENT OPPORTUNITY ...................................................................... 4 DISABILITY ACCOMMODATION ............................................................................... 4 HARASSMENT .......................................................................................................... 5 DRUG-FREE WORKPLACE ....................................................................................... 7 IMMIGRATION AND EMPLOYMENT ELIGIBILITY ....................................................... 7 CATEGORIES OF EMPLOYMENT ............................................................................... 7 INTRODUCTORY PERIOD .......................................................................................... 8 ANNIVERSARY DATE ............................................................................................... 8 PAY INCREASES AND PROMOTIONS ......................................................................... 8 PAY CYCLE AND PAYROLL DEDUCTIONS ................................................................ 9 REQUESTS FOR PAYROLL ADVANCE ........................................................................ 9 OVERTIME .............................................................................................................10 LUNCH AND BREAK PERIODS ................................................................................10 PERFORMANCE REVIEWS.......................................................................................10 TIMEKEEPING ........................................................................................................11 ABSENCES AND TARDINESS ...................................................................................11 PARKING ...............................................................................................................12 ORGANIZATION PROPERTY ....................................................................................12 GOOD HOUSEKEEPING ...........................................................................................12 PERSONNEL RECORDS ...........................................................................................13 JOB POSTINGS .......................................................................................................13 BULLETIN BOARDS AND THE INTRANET ................................................................14 SEARCH, THEFT AND AUDIT ..................................................................................14 NO SMOKING POLICY ............................................................................................15 NO SOLICITATION .................................................................................................15 USE OF LEGAL AID SOCIETY’S COMPUTERS/ELECTRONIC DEVICES......................15 DISCIPLINARY POLICY AND STANDARDS OF EMPLOYEE CONDUCT .......................16 OPEN DOOR POLICY ..............................................................................................17 EXPENSE REIMBURSEMENT POLICY ......................................................................18 VISITORS AND CHILDREN IN THE WORKPLACE ......................................................18 PERSONAL TELEPHONE CALLS ..............................................................................19 DRESS CODE POLICY .............................................................................................19 EMPLOYEE ETHICS ................................................................................................20 STANDARDS OF CONDUCT .....................................................................................23 PERCEIVED VIOLATIONS/WHISTLEBLOWER POLICY ..............................................24 530 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page ii ANTI-NEPOTISM POLICY .......................................................................................25 EMPLOYEES VOLUNTEERING IN THE WORKPLACE ................................................25 PRO BONO LEGAL WORK ......................................................................................26 OUTSIDE EMPLOYMENT ........................................................................................26 CONFIDENTIALITY POLICY ....................................................................................27 VERIFICATION OF EMPLOYMENT ...........................................................................28 SEPARATION ..........................................................................................................28 SAFETY POLICIES ..............................................................................................28 SAFETY RULES FOR YOU ......................................................................................29 EMPLOYEE BENEFITS ......................................................................................30 GENERAL INSURANCE COVERAGE INFORMATION .................................................30 Medical Coverage 30 Dental Coverage 30 Short and Long-Term Disability 31 Life Insurance 31 Cafeteria Plan and Flexible Spending Accounts 31 PAID TIME OFF ...................................................................................................32 HOLIDAYS .............................................................................................................32 PAID VACATION (EFFECTIVE APRIL 1, 2007) ........................................................32 PAID SICK LEAVE ..................................................................................................34 PART-TIME EMPLOYEE BENEFITS .........................................................................35 BEREAVEMENT LEAVE ..........................................................................................35 FAMILY AND MEDICAL LEAVE POLICY .................................................................35 BAR AND PROFESSIONAL ASSOCIATION DUES ......................................................47 EDUCATIONAL ASSISTANCE ..................................................................................48 MILITARY SERVICE ...............................................................................................48 JURY DUTY ...........................................................................................................48 HURRICANE POLICY ..............................................................................................49 AFTER A STORM ....................................................................................................49 WORKERS’ COMPENSATION ..................................................................................49 INDEX .....................................................................................................................50 RECEIPT AND ACCEPTANCE OF EMPLOYEE MANUAL ........................51 531 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 3 ABOUT THIS MANUAL This Employee Manual (“Manual”) is expressly intended for the use of the employees of the Legal Aid Society of Palm Beach County, Inc. (“Legal Aid Society” or “Organization” or “Agency”). This Manual sets forth basic policies and guidelines for employee conduct and also contains important summary information regarding employee benefits. Employees with specific questions regarding the Organization’s benefit plans described in this Manual should refer to their plan documents, summary plan descriptions or contact the Director of Finance and Administration. Unless otherwise specified, the benefits described in this Manual apply only to eligible employees of the Legal Aid Society. By contrast, the policies outlined in this Manual apply to all employees – introductory, regular full-time, regular part-time and temporary. In all cases of interpretation of this Manual, Administration decisions are final. The Legal Aid Society may change or delete any part of this Manual at its sole discretion, without prior notice. This Manual supersedes and replaces all previously existing Legal Aid Society Manuals. Employees should contact the Director of Finance and Administration with questions concerning the contents of this Manual. The Legal Aid Society's Board of Directors is responsible for establishing policy, governing the Organization’s overall operations and employing its Executive Director. The Executive Director is responsible for administering the Program according to the policies established by the Board of Directors. ALL LEGAL AID SOCIETY EMPLOYEES ARE EXPECTED TO FOLLOW THE POLICIES AND PROCEDURES OUTLINED IN THIS MANUAL. ANY VIOLATIONS OF THESE POLICIES OR PROCEDURES WILL SUBJECT AN EMPLOYEE TO DISCIPLINE, UP TO AND INCLUDING SEPARATION. NOTHING CONTAINED WITHIN THIS MANUAL IS INTENDED TO CREATE A CONTRACT FOR EMPLOYMENT, EXPRESS OR IMPLIED, OR A GUARANTEE OF CONTINUED EMPLOYMENT FOR A SPECIFIC DURATION. EMPLOYMENT WITH THE LEGAL AID SOCIETY IS AT-WILL. THE LEGAL AID SOCIETY MAY DISCHARGE AN EMPLOYEE AT ANY TIME FOR ANY REASON WHATSOEVER, WITH OR WITHOUT CAUSE, AND WITH OR WITHOUT NOTICE. NOTHING WITHIN THIS MANUAL OR THE ORGANIZATION’S POLICIES, PRACTICES OR PROCEDURES SHALL CONFER UPON AN EMPLOYEE ANY RIGHT TO CONTINUED EMPLOYMENT. 532 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 4 EMPLOYMENT POLICIES Equal Employment Opportunity The Legal Aid Society is an equal opportunity employer. The Legal Aid Society is committed to the spirit and letter of all federal, state and local laws and regulations pertaining to equal opportunity. To this end, the Legal Aid Society does not discriminate against any individual with regard to race, color, religion, sex, national origin, age, disability, marital status, veteran status, sexual orientation, gender identity or expression, or other protected status. This Policy extends to all terms, conditions and privileges of employment, as well as the use of all Legal Aid Society facilities. No form of unlawful discrimination, including unlawful harassment, will be tolerated. Disability Accommodation The Legal Aid Society is committed to complying fully with the Americans with Disabilities Act, as Amended (ADAAA) and ensuring equal opportunity in employment for qualified persons with disabilities. All employment practices and activities are conducted on a non-discriminatory basis. Hiring procedures have been reviewed and provide persons with disabilities meaningful employment opportunities. Pre-employment inquiries are made only regarding an applicant's ability to perform the duties of the position. Reasonable accommodation is available to all disabled employees, where their disability affects the performance of essential job functions. All employment decisions are based on the merits of the situation in accordance with defined job- related criteria, not the disability of the individual. To request an accommodation, an employee must notify his/her supervisor or the Executive Director. Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or changes in compensation) and to equal treatment in job assignments, classifications, organizational structures, position descriptions, lines of progression, and seniority lists. Leave of all types will be available to all employees on an equal basis. The Legal Aid Society is also committed to not discriminating against any qualified employees or applicants because they are related to or associated with a 533 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 5 person with a disability. Legal Aid will follow any state or local law that provides individuals with disabilities greater protection than the ADAAA. This policy is neither exhaustive nor exclusive. Legal Aid is committed to taking all other actions necessary to ensure equal employment opportunity for persons with disabilities in accordance with the ADAAA and all other applicable federal, state, and local laws. Harassment It is the Legal Aid Society’s policy to provide a work environment free of harassment that results in discrimination. The Legal Aid Society will not tolerate any form of harassment based upon an individual’s race, color, religion, sex, national origin, age, disability, marital status, veteran status, sexual orientation, gender identity, or expression, or other protected status. For these purposes, the term “harassment” includes, but is not limited to, slurs, jokes, or other verbal, graphic, or physical conduct relating to an individual’s race, color, religion, sex, national origin, age, disability, marital status, veteran status, sexual orientation, gender identity, or expression, or other protected status. The term harassment also includes sexual advances, requests for sexual favors and other conduct of a sexual nature. SO THAT YOU KNOW . . . Harassment on the basis of race, color, religion, sex, national origin, age, disability, marital status, veteran status, sexual orientation, gender identity, or expression, or other protected status is defined as conduct which has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment. Examples of behavior which could be construed as harassment include, but are not limited to, the following:  degrading any group or class of people;  assigning less desirable work or working conditions to members of such protected groups based solely on their group membership; or,  treating protected individuals in a demeaning fashion. Sexual Harassment is defined as unwelcome physical or verbal sexual conduct where: 534 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 6  submission to the conduct is either an explicit or implicit term or condition of employment;  submission to or rejection of the conduct is used as a basis for employment decisions affecting the person doing the submitting or rejecting; or,  the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment. Examples of behavior that could be construed as sexual harassment include, but are not limited to:  explicit or implicit threats to withhold pay increases, benefits or working conditions in exchange for sexual favors or sexual activity;  promises to improve pay, benefits or working conditions in exchange for sexual favors or sexual activity;  demands for sexual favors or sexual activity;  subtle pressure for sexual favors or sexual activity; or,  deliberate, repeated or unsolicited verbal comments, gestures or physical actions of a sexual nature (i.e., lewd or lascivious remarks and unnecessary touching, patting or pinching). WHAT TO DO ABOUT HARASSING CONDUCT . . . An employee who believes he/she and/or another Organization employee has been subjected to harassing conduct should immediately contact the Executive Director. A prompt investigation will be conducted of each and every complaint and appropriate action will be taken. Complaints will be handled confidentially, to the extent possible. The Executive Director has the responsibility for investigating and resolving complaints of harassment. In the event of a complaint involving the Executive Director, the President of the Board of Directors should be notified and he/she will fulfill the investigatory role in this process. No Retaliation or Reprisals Employees have a duty to report any harassment experienced or observed, regardless of whether the alleged harassment is being perpetrated by a Legal Aid Society employee or any other third party. Under no circumstances will a person be retaliated against because of a bona fide report of what he/she perceives to be harassing conduct. 535 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 7 Drug-Free Workplace The Legal Aid Society is committed to creating and maintaining a Drug-Free Workplace. This Policy applies to all employees in all job classifications. Substance abuse, which includes the possession, use or sale of illegal drugs or the unlawful use of lawful substances, including alcohol and prescription drugs, will not be tolerated during the normal workday. It is a condition of employment at the Legal Aid Society to refrain from using drugs and the unlawful use of lawful substances, including alcohol and prescription medicines, and to abide by the guidelines of the Organization’s Drug-Free Workplace Policy. In keeping with the requirements of the Federal Drug Free Workplace Act, employees are required to notify the Executive Director, in writing, of any conviction under a criminal drug statute for a violation occurring in the workplace, no later than five (5) calendar days after such conviction. In addition, all employees must notify the Executive Director of any conviction, guilty plea or plea of nolo contendere to any violation of Florida Statutes Chapter 893 or any controlled substance law of the United States or any state within five (5) days of such occurrence. The Legal Aid Society makes a good faith effort to continue to maintain a drug-free workplace through implementation of Florida Statute §287.087. Immigration and Employment Eligibility In compliance with the Immigration Reform and Control Act of 1986, Legal Aid Society will hire only those individuals who are authorized to work in the United States. Categories of Employment Introductory: An employee in his/her first 90 days of employment. Regular Full-Time: An employee whose regular work schedule averages 30 hours or more per week and who is not on introductory status. Regular Part-Time: An employee whose regular work schedule averages less than 30 hours per week and who is not on introductory status. A regular part-time employee may be eligible for certain benefits. 536 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 8 Employees are also categorized as either Non-Exempt or Exempt for purposes of the minimum wage and overtime provisions of the Fair Labor Standards Act (“FLSA”). Non-exempt Employees are subject to the minimum wage and overtime provisions of the FLSA. Non-exempt employees are compensated based upon the number of hours worked each workweek. Exempt Employees (e.g., certain administrative, professional and executive personnel) are exempt from the minimum wage and overtime provisions of the FLSA and paid on a salary basis. Introductory Period The first 90 days of employment for new employees of the Legal Aid Society is considered an introductory period. The introductory period provides a new employee the opportunity to become familiar with the Legal Aid Society. During this time, a new employee’s work hours, skills and general work performance will be evaluated. In particular, the new employee will have two performance evaluation counseling sessions with his/her supervisor. Successful completion of the introductory period does not give rise to or create an employment contract for any period of time or a guarantee of continued employment. Anniversary Date An employee's first day of work as a full-time employee with the Legal Aid Society becomes the employee's anniversary date. The anniversary date will be used for determining whether or not an employee is eligible to receive certain benefits and for calculating benefits unless otherwise specified. Pay Increases and Promotions The Legal Aid Society is committed to pay its employees commensurate with positions requiring similar qualifications and job responsibilities in local public service programs. However, the Legal Aid Society is a not-for-profit corporation, and as such, salaries may remain less than those earned elsewhere. 537 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 9 Pay increases adjustments are based upon cost of living adjustments and merit, funds permitting. The amount and frequency of compensation adjustments are determined by job classification, performance, time elapsed since last adjustment, market and economic conditions and managerial discretion. Prior to a salary increase a review shall be made to determine the availability of funds and the employee's past job performance. The Executive Director shall have final approval over all salary increases. Salary increases shall be established by the Executive Director and for attorneys shall be based upon the attorney salary scale approved by the Board of Directors of the Legal Aid Society. Pay Cycle and Payroll Deductions The Organization’s workweek begins on Saturday at 12:01 a.m. and ends on Friday at 12:00 a.m. Thursday is payday. Any changes due to holidays or other events that may interfere with this pay schedule will be announced at least one week in advance. The Legal Aid Society is required by law to make mandatory deductions from earnings. Amounts withheld may vary according to how much the employee earns his/her marital status, government employment regulations, and other factors. Mandatory withholdings include federal income tax and social security, and any other taxes or deductions required to be withheld by state and/or federal law. In addition to mandatory payroll deductions, the Legal Aid Society is required by law to comply with certain court orders, liens, or wage assignments and to make payroll deductions pursuant to those orders. Requests for Payroll Advance Employees may request a payroll advance up to a maximum of six (6) times per calendar year. In order for payroll advances to be approved, an employee must have sufficient vacation time accrued to cover the advance. Requests for payroll advance must be submitted on the required form with a manual signature from the employee requesting and approved by either the Executive Director or the Director of Finance and Administration. In exceptional circumstances the Executive Director may approve more than six. 538 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 10 Overtime Occasionally, employees may be asked to work overtime. Overtime pay depends on an employee’s status as non-exempt or exempt, as follows: Non-Exempt Employees are compensated based upon the number of hours worked each workweek. Non-exempt hourly employees that work more than 40 hours in one workweek will receive overtime compensation at one and one-half times their regular rate of pay. Exempt Employees do not receive overtime compensation. Employees are not permitted to work overtime unless they receive advance authorization from the Executive Director or the Director of Finance and Administration. Employees who work a later schedule are required to notify their supervisors or Administration if they plan to be in the office beyond 8 p.m. for security and safety purposes. Lunch and Break Periods Non-exempt employees are required to record their lunch breaks each day. Lunch breaks must be taken on a rotating basis so there is ample coverage throughout the day and employees should check with their supervisors before taking their lunch breaks. Non-exempt employees should accurately record their lunch breaks on their timesheets. Performance Reviews Supervisors shall regularly conduct performance reviews to evaluate an employee’s work. Supervisors shall routinely observe employee effectiveness. Performance reviews provide employees with an opportunity to talk about their job, their performance on the job, and their job goals, as well as to discuss any suggestions, questions or complaints. Performance reviews are an evaluation and planning tool for both supervisors and employees and do not necessarily result in pay increases. 539 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 11 Timekeeping Weekly time records are required for both exempt and non-exempt employees. Each employee is responsible for correctly recording his/her hours of work, holidays, vacation and sick leave in the WebClock web-based time-keeping software and for properly submitting his/her timesheet when required. In addition, non-exempt employees must accurately record the time they begin and end work, the beginning and ending time of each meal period, (for non-exempt employees only) their holidays, vacations and sick leave. It is the employees' responsibility to certify the accuracy of all time recorded. Each employee’s supervisor will review and approve the employee’s time record before submitting it for payroll processing. Time sheets must be turned in every Friday, no later than 5:00 p.m. Employees are not permitted to record another employee’s time or let another employee record their time. If a non-exempt employee chooses to volunteer for a Legal Aid event after normal business hours, their normal work hours shall be reduced by the number of hours worked during the same work week. In compliance with the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et. seq, employees may not volunteer to complete their normal job duties. Absences and Tardiness Legal Aid Society’s normal business hours are Monday through Friday, 9 a.m. to 5:00 p.m. Attendance and punctuality are important factors for an employee’s success within Legal Aid Society. Employees are expected to report to work on time. Excessive absenteeism and tardiness will not be tolerated. Notice of Absence All employees are required to provide notice of absence for illness, tardiness or other reasons, unless the absence is due to prescheduled leave, such as vacation leave. If an employee will be absent or late, the employee is required to contact his/her supervisor before 9:00 a.m. If an employee will be out for more than one day, the employee is expected to contact his/her supervisor on a daily basis before 9:00 a.m., and to keep the supervisor apprised of the employee's status. Employees are 540 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 12 responsible for ensuring that proper notice is provided. Only under exceptional circumstances will notice from a family member or friend satisfy the notice requirement. If an employee fails to provide proper notice of absence for three (3) consecutive workdays, the Legal Aid Society will presume the employee has voluntarily abandoned his/her job. Unexcused Absences Failure to provide notice of an absence, as described above, will result in an unexcused absence regardless of the reason. Employees will be considered excessively absent or tardy if they do so more than three times within a six-month period. Excessive unexcused absences and tardiness or will not be tolerated. Parking Currently, the Legal Aid Society provides parking for all its employees. All employees must park in their designated spots. Organization Property The Legal Aid Society expects employees to treat any and all Legal Aid Society property, as well as property belonging to fellow employees or any third party, with care and respect. An employee is responsible for the custody and care of Legal Aid Society property that has been issued or assigned to him/her for use in performing the functions of his/her position. If terminated, whether voluntarily or involuntarily, an employee is required to return such property immediately. Failure to return all property may also result in forfeiture of accrued vacation at termination. Good Housekeeping Neatness and good housekeeping are signs of efficiency. Employees are required to keep their work areas in good order at all times. The Legal Aid Society requests employees to report broken, damaged or worn items to their supervisors. 541 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 13 Personnel Records It is very important for employees to keep their personnel records up to date. The Legal Aid Society directs employees to notify their supervisors immediately if there is a change in status, including but not limited to the following: Name and social security number Home address Home telephone number Number of dependents Beneficiary(ies) Emergency contact Emergency telephone number Driver’s license status Additional education Employees are required to report any situation or incident that may affect their employment with Legal Aid Society or may have an impact on the image of the Organization, including but not limited to any criminal charges, whether occurring on or off duty, to the Executive Director within five (5) days of the event. All personnel records are the property of the Legal Aid Society and are stored in a locked filing cabinet with access only by the Executive Director, the Director of Finance and Administration and the Executive Assistant. Job Postings Qualified employees are encouraged to apply for promotions or transfers to new or vacant positions. Whenever possible, the Legal Aid Society will promote from within the organization; however, the Legal Aid Society also recruits externally when job openings do occur. Job posting/vacancy notices are sent out internally via email and also posted on external internet job boards. Employees who have completed their introductory periods, met the minimum job requirements and are interested in a particular opening should submit the appropriate, timely application materials in accordance with the posted process. 542 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 14 Bulletin Boards and the Intranet The Legal Aid Society maintains Organization bulletin boards to keep its employees advised of federally mandated posters (i.e. FMLA, OSHA, FLSA, USERRA, Workers Comp, Minimum Wage, etc.). Legal Aid also maintains an Intranet where copies of the Employee Manual and the Disaster Preparedness and Business Continuity Plan are posted. Employees should check the bulletin boards and the Intranet on a regular basis. The Organization’s bulletin boards are for official Legal Aid Society notices only and unauthorized postings will be removed. All notices must be pre-approved by the Director of Finance and Administration prior to being posted. Search, Theft and Audit In order to ensure its ability to conduct business efficiently and effectively and to protect itself against the unauthorized use and removal of the Legal Aid Society property, the Legal Aid Society will from time to time conduct internal investigations including inspections, searches and audits on the Legal Aid Society premises. The Legal Aid Society may conduct a routine inspection, search or audit at any time for the Legal Aid Society property or Organization-related information. The Legal Aid Society may inspect the following items, including but not limited to: personal property brought onto or taken from the premises (e.g., personal laptop computers, brief cases handbags, etc.); any work, rest or storage areas; all Legal Aid Society vehicles, desks, cabinets, lockers, computers, satchels, etc., that are within the employee’s possession or control. Additionally, employees are expected to respect their co-workers’ offices, desks, file cabinets and work areas and, unless expressly authorized by the employee and/or the Executive Director or his/her designee, are forbidden from accessing other employees’ computer files, personal belongings or work areas. A routine search or inspection may result in the discovery of personal possessions or those of others. Employees are discouraged from bringing into the workplace items of personal property they do not want revealed to management. The Administration will generally attempt to obtain employee consent before conducting a search or inspection, but may not always be able to do so. 543 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 15 If an employee becomes aware of any theft, misuse or unauthorized removal of Organization property, he/she is directed to notify the Executive Director immediately. No Smoking Policy The Legal Aid Society is a smoke-free workplace. In compliance with Florida law, no person may smoke in any indoor area of the Legal Aid Society, including use of tobacco or tobacco-like products, including "vaping" with E-cigarettes (or any electronic smoking device designed to resemble a cigarette, cigar, cigarillo or pipe). Employees are also prohibited from smoking/vaping in Organization vehicles or around the Organization’s grounds. Employees are only permitted to smoke during their lunch or break periods. No Solicitation The conducting of non work-related business, such as canvassing, collection of funds, pledges, circulation of petitions, solicitation of memberships, or any other similar types of activity is not permitted during the working time of either the staff members doing the soliciting or being solicited. However, certain fundraising for not-for-profit groups will be allowed with the express permission of the Director of Finance and Administration or the Executive Director, but only in common areas such as the kitchen area during non-working hours. Office collections for specific occasions (e.g., going-away, wedding or baby shower gifts) may only be done via e-mail, and during non-working hours. Repeated e-mail solicitations or face-to-face collections are not permitted. All other distribution of non work-related literature, such as leaflets, letters or other written materials, by any staff members is not permitted at any time in working areas or in client and public areas. Use of Legal Aid Society’s Computers/Electronic Devices Computers, computer files, software, and the e-mail system furnished to employees are property of the Legal Aid Society and are intended solely for business use. Employees shall not use a password, access a file, retrieve any stored communication, or load any software disks without authorization. To ensure compliance with this policy, computer, e-mail and internet usage may be monitored. Upon hire and as updated, Organization employees will be required to sign the Legal Aid Society’s current Computer and E-Mail Usage Policy. 544 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 16 The Legal Aid Society strives to maintain a workplace free of harassment and that is sensitive to the diversity of its employees. Therefore, the Legal Aid Society prohibits the use of computers and the e-mail system in ways that are disruptive, offensive to others, or harmful to morale. Disciplinary Policy and Standards of Employee Conduct The Legal Aid Society expects all of its employees to conduct themselves in a manner which is in the best interests of the Organization and its employees. The Legal Aid Society has established policies and procedures for the convenience and protection of all of its employees. A violation of any of these policies and procedures is considered misconduct and appropriate disciplinary procedures will be initiated. Disciplinary action may include, but is not limited to, the following: verbal warning, written warning, suspension with or without pay and termination. Disciplinary actions are noted in the employee’s personnel file. Serious misconduct may result in immediate suspension and/or immediate termination, without notice. The appropriate disciplinary action will be determined by the Executive Director. There is no guarantee that one form of disciplinary action will necessarily precede another. The following is a partial list of examples of misconduct which may constitute cause for disciplinary action, up to and including termination of employment:  Violation of the Legal Aid Society’s equal opportunity or harassment policies;  Disclosure of confidential Organization, employee or client-related information to unauthorized parties;  Behavior resulting in client, vendor or employee complaints;  Supplying false or misleading information or falsifying any Legal Aid Society record;  Possession of weapons on or off premises or while performing duties for the Legal Aid Society;  Immoral or indecent conduct; soliciting persons for immoral purposes;  Insubordination, including but not limited to, refusing to obey an order or directive of a supervisor or Legal Aid Society official or Board of Director;  Disruptive conduct, including but not limited to: fighting; horseplay; coercion; intimidation or threats against Legal Aid Society employees; vulgarity; or abusive treatment to the public or fellow employees; 545 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 17  Theft or the unauthorized possession or removal of property or money belonging to the Legal Aid Society, its employees or a third party;  Misusing Legal Aid Society credit cards or accounts for personal gain;  Making or publishing false, vicious or malicious statements concerning a client, employee, supervisor, other Legal Aid Society official, Board of Director or an Organization service;  Excessive tardiness and/or absenteeism or an unauthorized absence from the office during the workday;  Destruction or misuse of property; or,  Any other conduct which violates a Legal Aid Society policy or which is not in the best interests of the Legal Aid Society. Open Door Policy The Legal Aid Society wants to ensure its employees that ideas, suggestions and complaints will be heard. It is also the policy of management to attempt to resolve disputes that may arise between or among fellow employees or between employees and their supervisors. Open communication between employees and immediate supervisors is encouraged. Employees should feel free to voice ideas, suggestions or complaints without fear of reprisal or retribution. If an employee wishes to remain completely anonymous, he/she can write the idea, suggestion or complaint down on paper and give it to the Executive Director. Otherwise, if employees have ideas, suggestions or complaints to share, the Organization directs them to follow these simple steps: STEP 1: An employee is directed to discuss complaints with his/her immediate supervisor within three (3) working days of the matter causing the complaint. The employee should provide detail and offer possible solutions. Most matters can be resolved at Step 1. STEP 2: If the employee is not satisfied with the results of his/her discussion with his/her immediate supervisor, the employee is directed to take the matter to the Program Supervisor within three (3) working days after meeting with his/her immediate supervisor. 546 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 18 STEP 3: If the employee believes the matter remains unresolved, he/she is directed to present the matter in writing to the Executive Director within three (3) working days of speaking with the Program Director. A meeting with the Executive Director will be scheduled to discuss the matter within five (5) working days. All decisions made by Executive Director shall be final. In the event of a complaint involving the Executive Director, the President of the Board of Directors will fulfill the investigatory and decision making role of the Executive Director in this process. Expense Reimbursement Policy Employees will be reimbursed for reasonable documented expenses associated with their employment at the Legal Aid Society. Reimbursement will be limited to items that have been approved in advance by the Executive Director, including but not limited to, out of county travel expenses, meals, and mileage. Visitors and Children in the Workplace In order to provide for the safety and security of all employees, clients and the facilities at the Legal Aid Society and to insure that only authorized personnel have access to the Organization’s facilities, the following policy should be followed: Visitors and Guests Only authorized visitors are permitted in the workplace. Restricting unauthorized visitors helps maintain safety standards, protects against theft, ensures security of equipment, protects confidential information, safeguards employee welfare, and avoids potential distractions and disturbances in the workplace. Employees are responsible for the conduct and safety of their visitors. Except when authorized by the appropriate supervisor, all guests, including but not limited to relatives, friends of employees, and employees from other agencies that do not have official business with a particular department will be restricted from prolonged visits to the workplace. If an unauthorized individual is observed on the Legal Aid Society’s premises, employees should immediately notify their supervisors or, if necessary, direct the individual to the main entrance. 547 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 19 Children A child brought to the workplace in unavoidable situations will be the responsibility of the employee/parent and must be accompanied by and under the direct supervision of the employee/parent at all times. The employee is responsible for the safety and conduct of his/her children at all times while visiting the workplace, including but not limited to, adherence to the Legal Aid’s strict standards regarding Client Confidentiality. On the occasion when an employee must bring his/her child to work, the following guidelines must be followed: 1. Children should only be brought to work in emergency situations and as a last resort. If a child must accompany a parent to work, alternate arrangements should be made for the child to be picked up as soon as possible. 2. Bringing sick children to work is strictly prohibited at all times. 3. Children in the workplace may be permitted only with proper prior supervisor notification and approval, and never on a routine and/or regular basis. 4. If an employee’s children are brought to work, they must be supervised by the employee at all times, and may not “explore” on their own. Personal Telephone Calls Personal telephone calls during business hours should be confined to those which are absolutely necessary and be kept to a minimum. All personal toll and long distance calls must be paid for by the employee. Dress Code Policy Personal appearance plays an important role in the public’s perception of an employee as an individual as well as in the Legal Aid Society as an Organization. Employees are expected to dress in business attire, using good judgment in selecting apparel appropriate to their functional position, and avoiding extremes in make-up, hairstyles, clothing and jewelry. All employees should exercise good judgment and taste in matters of personal grooming and dress. Employees must dress responsibly, which means clean, pressed, 548 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 20 neat and tidy at all times. Employees should make certain they can answer “yes” to one of the following: Would you wear it… …to meet and greet a client? …to walk into a courtroom? …to walk into a judicial assistant’s office or judge's chamber? Shoes must be worn at all times; slippers and flip-flops may not be worn. Shirts –halter tops, tank tops and t-shirts are unacceptable at all times. If you wear something sleeveless, please also wear a jacket, tunic, sweater or over-blouse. Friday is Casual Day. In the spirit of maintaining a professional image at all times, jeans that are excessively worn, faded, or ripped; skorts (short skirt with shorts attached underneath); visible undergarments; and, leggings are not acceptable and may not be worn at any time. Employees who come to work dressed in a manner that is inconsistent with this Policy will be sent home to change and any time missed will be considered an unexcused absence. Employees should consult their supervisors for counseling on proper business attire. Employee Ethics The Legal Aid Society has established guidelines for ethical standards of conduct to assist Legal Aid Society employees in performing their jobs and to avoid potential conflicts of interest. The guidelines that appear below are not exhaustive and employees should remember that inappropriate actions, whether specifically mentioned in this Policy or not, will be subject to inquiry. No Legal Aid Society employee shall engage in any act which is in conflict, or creates an appearance of unfairness or conflict, with the performance of official duties. An employee shall be deemed to have a conflict if the employee:  Has any financial interest in any sale to the Legal Aid Society of any goods or services when such financial interest was received with prior knowledge that the Legal Aid Society intended to purchase the property, goods, or services.  Solicits, accepts or seeks a gift, gratuity or favor from any client, person, 549 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 21 firm or corporation involved in a case, which is or may be the subject of official action by the Legal Aid Society.  Participates in his/her capacity as a Legal Aid Society employee in the issuing of a purchase order or contract in which he/she has a private monetary interest, direct or indirect, or performs in regard to such contract some function requiring the exercise of discretion on behalf of the Legal Aid Society.  Engages in, accepts employment from, or renders services for private interests for any compensation or consideration having monetary value when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in performance of official duties, or gives the appearance of the above.  Directly or indirectly, gives or receives, or agrees to receive any compensation, gift, reward, commission or gratuity from any source other than the Legal Aid Society for any matter directly connected with or related to their official services as such employee with the Legal Aid Society, excepting common courtesies usually associated with customary business practices, including but not limited to; meals and consumable items generally not valued at more than $75.00, gifts of token value, or other items such as professional business awards.  Discloses or uses, without authorization, confidential information concerning cases of the Legal Aid Society to advance a private interest with respect to any case which is or may be the subject of official action of the Legal Aid Society. Further, in order to avoid even the appearance of impropriety (except as noted above):  Any unsolicited gifts received by staff must be disclosed to the Executive Director.  Any items received by the staff must be disclosed to the Executive Director.  Any items received by the Executive Director must be disclosed to the Board of Directors. Ethics Violation Reporting Policy General The Ethics Policy of the Legal Aid Society requires directors, officers and employees to observe high standards of business and personal ethics in the 550 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 22 conduct of their duties and responsibilities. As employees and representatives of the agency, we must practice honesty and integrity in fulfilling our responsibilities and comply with all applicable laws and regulations. Reporting Responsibility It is the responsibility of all directors, officers and employees to comply with the policy and to report violations or suspected violations in accordance with this policy. No Retaliation No director, officer or employee who in good faith reports a violation of this policy shall suffer harassment, retaliation or adverse employment consequence. An employee who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination of employment. This policy is intended to encourage and enable employees and others to raise serious concerns within the Agency prior to seeking resolution outside the Agency. Reporting Violations The policy addresses the Agency’s open door policy and suggests that employees share their questions, concerns, suggestions or complaints with the Compliance Officer or Executive Director. The Compliance Officer has specific and exclusive responsibility to investigate all reported violations. For suspected fraud, or when you are not satisfied or uncomfortable with following the Agency’s open door policy, individuals should contact the Agency’s Compliance Officer directly. Compliance Officer The Agency’s Compliance Officer is responsible for investigating and resolving all reported complaints and allegations concerning violations of the policy and, at her/his discretion, shall advise the Executive Director and/or the Audit and Finance Committee. The Compliance Officer has direct access to the Audit and Finance Committee of the board of directors and is required to report to the Audit and Finance Committee at least annually on compliance activity. The Compliance Officer is the chair of the Audit and Finance Committee. Accounting and Auditing Matters The Audit and Finance Committee of the board of directors shall address all reported concerns or complaints regarding corporate accounting practices, internal controls or auditing. The Compliance Officer shall immediately notify 551 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 23 the Audit and Finance Committee of any such complaint and work with the committee until the matter is resolved. Acting in Good Faith Anyone filing a complaint concerning a violation or suspected violation of the policy must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation of the policy. Any allegations that prove not to be substantiated and which prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense. Confidentiality Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation. Handling of Reported Violations The Compliance Officer will notify the sender and acknowledge receipt of the reported violation or suspected violation within five business days. All reports will be promptly investigated and appropriate corrective action will be taken if warranted by the investigation. Contact: Jerry Beer, Audit and Finance Committee Compliance Officer Jerald Beer Consulting PLLC Email: jbeer@beerlawfl.com If the Compliance Officer is unavailable, the President of the Board of Directors may be contacted in his/her place. Standards of Conduct All employees of the Legal Aid Society must maintain the highest degree of confidentiality and integrity in dealing with individuals seeking legal assistance. All client and case matters are confidential and as such all employees shall strictly adhere to all policies that serve to preserve the relationship between attorney and client. All employees shall neither solicit nor accept gratuities or favors by or on behalf of clients. The standard of conduct governing the performance of all employees of the 552 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 24 Legal Aid Society shall be those found in the Florida Bar Association Rules of Professional Conduct. Each employee shall cooperate to insure the effective and efficient operation of the office of the Legal Aid Society. Perceived Violations/Whistleblower Policy It is the Legal Aid Society’s policy to comply fully with the spirit and letter of all federal, state and local laws and regulations, which apply to Legal Aid Society and its business operations. If an employee believes that any employee of the Legal Aid Society may be acting in violation of any such law or regulation – or in violation of a Legal Aid Society policy – the employee has a duty to report the perceived violation, preferably in writing, to the Executive Director within 24 hours of the observation of such conduct. All inquiries pertaining to perceived violations will be handled in the strictest confidence possible. Examples of perceived violations of law include violations of child labor laws, wage-hour regulations, OSHA regulations, and unlawful discrimination or harassment. Examples of perceived violations of the Legal Aid Society’s policy include employee theft, discrimination, sexual harassment, code of conduct, dress code, safety, nepotism, confidentiality, questionable accounting or auditing policies to name a few. Moreover, the Legal Aid Society also expects and encourages its employees to report any questionable accounting or auditing concerns to the Audit and Finance Committee Compliance Officer. Employees may confidentially and anonymously submit their concerns, in writing, to Jerry Beer, Audit and Finance Committee Compliance Officer, Ciklin Lubitz & O'Connell, 515 North Flagler Drive, Suite 1900, Northbridge Tower 1, West Palm Beach, FL 33401, Phone: (561) 832-5900. When necessary, appropriate or when financial irregularities are involved, employee concerns will be forwarded to the Agency’s Audit and Finance Committee. Compliance with this policy is a term and condition of continued employment with the Legal Aid Society. If employees have any questions with regard to their duty to report perceived violations, they may contact their supervisors or the Executive Director. Under no circumstances will the Legal Aid Society retaliate against an employee who reports conduct that the employee perceives to be a violation of law or policy. 553 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 25 Anti-Nepotism Policy No individual shall be employed, serve as a member of the Board of Directors or Board of Trustees, or be hired as a consultant, vendor or contractor by the Legal Aid Society of Palm Beach County, Inc. which will result in the existence of a subordinate-superior relationship between such individual and any relative of such individual through any line of authority. A relative employed in the direct line of authority at the time that this nepotism policy is passed will be allowed to continue in their present positions. If they leave the Legal Aid Society, they will not be replaced with a relative as defined herein. As used in this Policy, the following definitions apply: Relative shall mean an individual who is related to another as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, grandmother, grandfather, granddaughter, grandson, great grandparent, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, person who is engaged to be married to a person in a direct line of authority who otherwise holds himself or herself out as or is generally known as the person who the employee, in direct line of authority, intends to form a household, or any other person having the same legal residence as the person in direct line of authority. Nepotism shall mean the employment of relatives, the utilization of family members as consultants, vendors or contractors, and/or the involvement of family members as members of the Board of Directors or Board of Trustees as defined herein. Employees Volunteering in the Workplace Under certain circumstances, exempt and nonexempt employees may volunteer time. Specifically, nonexempt employees may volunteer for work outside their regular duties and regular hours, and exempt employees may volunteer for work outside their regular duties. Volunteer services by agency employees will be accepted provided that volunteer service is: 554 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 26 (a) Offered freely and without pressure or coercion, direct or implied, from the employer, and (b) Performed for civic, charitable or humanitarian reasons, (c) Involves work that is outside the normal scope of duties and working hours. If you have any questions about the appropriateness of volunteering time, contact the Executive Director or Director of Finance and Administration. The Legal Aid Society is committed to full compliance of all applicable federal, state and local laws and regulations. Pro Bono Legal Work All pro bono legal work, other than pro bono work assigned by the Legal Aid Society's Pro Bono Department, must be approved in advance and in writing by the Executive Director. In regard to representation of friends, relatives and fellow staff members, the following rules apply: 1. Employees must first notify the Executive Director in writing of the name of the person they wish to represent and their relationship to the employee. 2. Employees must obtain the Executive Director’s prior, written approval to represent such individuals. It is important to note that in order to be covered under the Legal Aid Society’s malpractice insurance, when representing a friend, relative, or fellow staff member employees MUST obtain approval from the Executive Director in writing and in ADVANCE of undertaking any such representation, and all client and case-related information, including comprehensive case notes, must be entered in LegalServer, Legal Aid’s case management system. In compliance with the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et. seq, employees may not volunteer to complete their normal job duties. Outside Employment All Legal Aid Society employees, including part-time and introductory employees, must receive permission from the Executive Director before accepting regular or part-time employment outside of Legal Aid Society. Outside employment is considered the performance of any service for an employer other than the Legal Aid 555 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 27 Society, before, during or after an employee’s regular working hours or while the employee is out on approved leave. The following conditions must be satisfied before outside employment will be approved:  Outside employment shall be non-legal and the type of work and location must be disclosed in writing to the Executive Director, who will respond with written permission;  Outside employment shall not occur during the employee's regular or assigned work hours at the Legal Aid Society;  The Legal Aid Society’s equipment and resources shall not be used for outside employment;  Outside employment shall not interfere with the efficient performance of the employee's duties at the Legal Aid Society as defined by the employee's supervisor;  Outside employment shall not constitute a conflict of interest with the employee's duties at the Legal Aid Society as defined by the employee's supervisor or otherwise conflict with Legal Aid Society’s Conflict of Interest Policy; and,  Outside employment may be approved at the sole discretion of the Executive Director, and shall not interfere with the efficient operation of the Legal Aid Society. Confidentiality Policy Information revealed and services performed during the course of employment at the Legal Aid Society shall be kept confidential and remain confidential. Under no circumstances should any Legal Aid Society employee use information that he/she learned in the course of his/her employment with the Legal Aid Society for personal gain, personal use or personal business. Disclosing confidential information to persons not entitled to such information and/or assisting others in gaining unauthorized access to Legal Aid Society records or information are direct violations of this Policy. The communication of false or derogatory information about the Legal Aid Society, its customers or its employees is also a violation of this policy. Legal Aid Society employees may not release any information (confidential or otherwise) or grant any interview to any member of the news media without first receiving written authorization from the Executive Director. All contact with the media must be referred to the Executive Director or his designee. If in doubt about the appropriateness of sharing information either internally or externally, Legal Aid 556 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 28 Society staff should check with the Executive Director first. Any unauthorized disclosure of Legal Aid Society information or retention of Legal Aid Society records may result in disciplinary action, up to and including termination. Verification of Employment All inquiries about employees or requests for verification of employment should be referred to the Director of Finance and Administration. The Legal Aid Society will only verify the employee’s date of employment and job title in response to any such request, unless otherwise required by law or regulation. Separation Prior to the date of departure, non-exempt employees must submit a two-week notice of resignation and exempt employees must submit a three-week notice of resignation. Resignation letters must be in writing to the Executive Director; verbal resignations will not be accepted as sufficient notice. Resigning employees will be paid for accrued vacation pay provided they provide the required notice. Employees who resign without providing the required notice and employees terminated for cause will not receive pay for accrued vacation time. In order to be eligible for payment of accrued vacation time, employees must return all agency property. Accrued sick leave time and personal days will not be paid under any circumstances at separation of employment. At the conclusion of employment, employees are required to turn in keys, their copy of the Employee Manual and any other Legal Aid Society property. Professional employees are required to ensure that their case matters are transitioned in keeping with current Legal Aid Society policies and procedures. An exit interview will be conducted at this time to determine benefit status and to make arrangements for the employee’s final paycheck. SAFETY POLICIES Safety is a vital concern to the Legal Aid Society. It is an employee's right to be able to perform his/her job without concern of injury to oneself, a co-worker, property or equipment. The Legal Aid Society insists upon safety methods and practices at all times. Employee compliance with safety methods and practices is essential. 557 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 29 Safety Rules For You EMPLOYEES ARE REQUIRED TO COMPLY with all safety rules and follow published work instructions. If any doubt exists about safety of the job, employees must stop and get instructions from their supervisors before continuing to work. In the course of employment with the Legal Aid Society, employees may be provided with additional safety practices, procedures or rules. The following are general safety rules that each employee must observe:  Immediately report all unsafe or hazardous conditions and unsafe acts to your supervisor.  Keep work areas clean and orderly at all times.  Immediately report all accidents and injuries the same day, no matter how minor, to your supervisor.  All non-emergency treatment for accidents must be authorized by your supervisor.  Be certain that instructions are completely understood before beginning work.  Follow all other written or spoken safety rules. THE ULTIMATE RESPONSIBILITY FOR SAFETY LIES WITH EACH EMPLOYEE. The Legal Aid Society welcomes employees to bring suggestions about how to improve safety in the work area to their supervisors. 558 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 30 EMPLOYEE BENEFITS General Insurance Coverage Information The Legal Aid Society provides certain benefits to all eligible employees, including:  Medical Coverage  Dental Coverage  Short and Long-Term Disability Insurance  Life Insurance  Cafeteria Plan  Flexible Spending Accounts The following summary descriptions of Legal Aid Society’s employee benefits are included for illustration purposes only and are not meant to give the specific details of the benefit plans. In each case, specific provisions are set forth in the official policy or plan description. If there is any conflict between the descriptions contained in this or any other Legal Aid Society publication and the official policy or plan documents, the language of the official policy or plan documents controls. Employees are directed to read their policy and plan documents for detailed information. The Legal Aid Society may modify or terminate any of its current insurance policies and contribution requirements at any time. Medical Coverage The Legal Aid Society offers medical coverage to all regular employees that work at least 25 hours per week. The insurance coverage becomes effective the first of the month following 30 days of continuous employment with the Legal Aid Society. Dependent medical insurance is also available and coverage information will be provided to each employee at the time of enrollment. Dental Coverage The Legal Aid Society offers dental coverage to all employees that work at least 25 hours per week. The insurance coverage becomes effective the first of the month following 30 days of continuous employment with the Legal Aid Society. 559 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 31 Dependent medical insurance is also available and coverage information will be provided to each employee at the time of enrollment. The Legal Aid Society currently pays a portion of dependent coverage premiums. Short and Long-Term Disability The Legal Aid Society offers Short and Long-Term disability insurance for all employees that work at least 25 hours per week. The insurance coverage becomes effective the first of the month following 30 days of continuous employment with the Legal Aid Society. At the present time, Legal Aid pays 100% of disability insurance premiums. Additional information will be provided to the employee at the time of enrollment. Life Insurance The Legal Aid Society offers life insurance for all employees that work at least 25 hours per week. The insurance coverage becomes effective the first of the month following 30 days of continuous employment with the Legal Aid Society. At the present time, Legal Aid Society pays 100% of all life insurance premiums. Additional information will be provided to the employee at the time of enrollment Cafeteria Plan and Flexible Spending Accounts The Legal Aid Society provides its regular full-time employees with a Cafeteria Plan under Section 125 of the Internal Revenue Code where certain employee deductions may be made pre-tax. Additional information will be provided. In addition, the Legal Aid Society provides a flexible spending account for eligible employees. Regular full-time employees are eligible to participate the first of the month following 30 days of continuous employment with the Legal Aid Society. 560 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 32 Paid Time Off Holidays The Legal Aid Society observes the following holidays: New Year's Day Rosh Hashanah Martin Luther King Day Yom Kippur President's Birthday Columbus Day Good Friday Veteran's Day Memorial Day Thanksgiving Day Juneteenth Friday after Thanksgiving Day Independence Day Christmas Day Labor Day Any other holiday observed by the Court Administrator for the Palm Beach County Courthouse. If one of the above holidays falls on Saturday, the holiday will be observed on the preceding Friday; if one falls on Sunday, it will be observed on the following Monday. Employees requiring time off for additional religious holidays may request the time off from their supervisors as vacation day(s). If a paid holiday falls within an employee's pre-approved vacation period, the day will not be considered a vacation day. When an employee is required to work during one of the above listed paid holidays due to the needs of the Legal Aid Society, the employee will be given one additional day of off during that year. The Executive Director shall pre-approve any non-exempt employee working during an above listed paid holiday. Paid Vacation (Effective April 1, 2007) Vacation Leave is calculated according to the employee’s anniversary date of employment. All regular full-time employees will begin accruing vacation leave on the first day of the month following 30 days of employment, and are eligible to accumulate and use vacation time as described in this policy: 561 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 33 Vacation Accrual Years of Service: 1 - 2 One (1) day for each month of service for a total of twelve days per twelve month period. 3 - 6 1.25 days for each month of service for a total of fifteen days per twelve month period. 7 - 9 1.5 days for each month of service for a total of eighteen days per twelve month period. 10+ One and two thirds (1 2/3) days for each month of employment after ten years of employment for a total of twenty days per twelve month period. Regular full-time employees accumulate vacation leave based upon their average work week. For example, a full-time employee who works an average of 30 hours each work week will receive 30 hours of vacation for each week of vacation that is earned (i.e., 5 days equals 30 hours). Vacation leave may be used after successfully completing 90 days of employment. Paid vacation time can be used in minimum hourly increments. To take vacation leave, employees must submit a Request for Leave Form at least two (2) weeks in advance for approval from their supervisors. When possible, vacation periods will be approved as requested based upon work demands. Seniority will be considered in scheduling vacation time when there are conflicting requests. Vacation time off is paid at the employee's base pay rate at the time of vacation. Vacation pay does not include overtime or any special forms of compensation such as incentives or bonuses. Vacation requests may be denied for a variety of reasons, including delinquent and/or missing timesheets. An employee may accumulate a maximum of twenty days of vacation leave. Vacation pay will not be granted in lieu of taking the actual time off. An employee will continue to accumulate vacation leave for the first 12 weeks of a paid leave of absence. If an official holiday falls during an employee's annual leave, the holiday will not be deducted from the employee's accumulated vacation leave. Regular full-time employees will be paid for accrued and unused vacation 562 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 34 leave up to the maximum allowable amount upon termination of employment with the Legal Aid Society provided notice is given in accordance with current Organization policy and unless terminated for cause. Vacation leave is paid at the base rate of pay. Payment will be based on the total leave due prorated to the employee's date of termination. All qualifying vacation time will be charged against an employee’s FML entitlement. Employees who resign their employment and provide proper written notice and return all Legal Aid Society property will receive payment for all accumulated but unused vacation time. Exempt (Salaried) employees who provide less than 3- weeks written notice of resignation and nonexempt (Hourly) employees who provide less than two (2) weeks written notice of resignation will have the difference charged against their accumulated paid leave balance. Paid Sick Leave The Legal Aid Society provides sick leave for its employees. A regular full- time employee shall accumulate twelve (12) sick days per year at the rate of accumulation of one sick day per month. Employees begin accruing sick leave on the first day of the month following thirty days of employment; however, sick leave may only be taken after an employee has successfully completed his/her 90-day introductory period. A regular full-time employee may accumulate up to ninety (90) sick leave days; all other unused sick time will be forfeited at the end of each anniversary year. Pay will not be granted in lieu of taking the actual time off. Sick leave may be taken in increments of at least one-hour and used for time out of the office for illness, doctor appointments or sick children at home. Once a full-time employee is eligible to receive benefits from the Disability Insurance Policy carried by the Legal Aid Society, the full-time employee will be allowed to use the employee's accumulated sick leave to make up 100% of the employee's weekly salary, so long as the employee remains eligible to receive benefits under the Legal Aid Society’s Disability Insurance Plan. All qualifying sick leave will be charged against an employee’s FML entitlement. An employee will continue to accumulate sick leave for the first 12 weeks of a 563 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 35 paid leave of absence. Sick leave is not payable at separation. Part-Time Employee Benefits Regular part time employees who average at least 20 hours per workweek are entitled to sick leave benefits at the prorated rate of accumulation starting the first day of the month following thirty days of employment, with a total accumulation during the term of employment of up to forty-five (45) days. Regular part time employees who average at least 20 hours per workweek are entitled to vacation leave benefits at a prorated rate of accumulation starting the first day of the month following thirty days of employment, with a maximum accumulation of fifteen (15) days during the term of employment. Regular part time employees who average at least 20 hours per workweek are entitled to paid holidays based on their FTE %. Unless otherwise stated in this policy, regular part-time employees are governed by the same terms and conditions stated in the policies covering regular full-time employees. Bereavement Leave Regular full-time employees will receive up to five (5) paid days off for the death of an immediate family member. The Organization may require written proof of death and the relationship with the deceased. Family and Medical Leave Policy What is Family Medical Leave? The federal Family & Medical Leave Act of 1993 (FMLA) as amended requires employers with 50 or more employees to provide eligible employees with unpaid leave. There are two types of leave available, including the basic 12-week leave entitlement (Basic FMLA Leave), as well as the military family leave entitlements (Military Family Leave) described in this policy. The agency posts the mandatory FMLA Notice and upon hire provides all new 564 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 36 employees with notices required by the US DOL on Employee Rights and Responsibilities under the FMLA in the kitchen/break room area. The function of this policy is to provide employees with a general description of their FMLA rights. In the event of any conflict between this policy and the applicable law, employees will be afforded all rights required by the law. The Legal Aid Society will not interfere with, restrain or deny the exercise of any right provided under the Family and Medical Leave Act (“FMLA”) or discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA. The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights. Employees may file FMLA complaints with the Department of Labor or bring a private lawsuit. General Provisions Family and Medical Leave (“FML”) allows an eligible employee to take up to twelve weeks of job-and-benefit-protected-leave from work within a twelve-month period to; attend to specific family and medical needs; or for any qualifying exigency arising out of the fact that a covered military member is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation; and allows eligible employees to take up to 26 weeks of job-and-benefit protected leave in a single 12-month period to care for a covered service member with a serious injury or illness. Job-protected leave means that, generally, upon return from FML, the Legal Aid Society will reinstate an employee to his/her prior position if available or, alternatively, a comparable position for which the employee is qualified. Benefit-protected leave means that the Legal Aid Society will maintain coverage for an employee under the group health plan while the employee is on leave. Any share of health premiums normally paid by the employee must continue to be paid by the employee during the FML period. If an employee fails to return from leave, the Legal Aid Society may recover the health insurance premium it paid for the employee during the FML, unless the failure to return to work is due to the employee’s serious health condition or other circumstances beyond the employee’s control. 565 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 37 Eligibility Employees are eligible for FMLA leave if they: 1. Have worked for the agency for at least 12 months in the last 7 years; 2. Have worked at least 1,250 hours for the company during the 12 calendar months immediately preceding the request for leave; and 3. Are employed at a work site that has 50 or more employees within a 75-mile radius. Employees with any questions about their eligibility for FMLA leave should contact the Director of Finance and Administration for more information. Leave Purposes - When Leave Can Be Taken Basic FMLA Leave Employees who meet the eligibility requirements described above are eligible to take up to 12 weeks of unpaid leave during any “rolling” 12-month period, measured backward from the date of any leave for one of the following reasons: 1. To care for the employee’s son or daughter during the first 12 months following birth; 2. To care for a child during the first 12 months following placement with the employee for adoption or foster care; 3. To care for a spouse, son, daughter, or parent (“covered relation”) with a serious health condition; 4. For incapacity due to the employee’s pregnancy, prenatal medical or child birth; or 5. Because of the employee’s own serious health condition that renders the employee unable to perform an essential function of his or her position. When leave is taken, the Legal Aid Society will first substitute for unpaid leave any accrued paid leave (e.g., sick leave, vacation leave), which will be charged against the employee’s outstanding unpaid medical leave entitlement. An employee’s ability to substitute accrued paid leave is determined by the terms and conditions of the agency’s normal leave policy. Married couples. In cases where a married couple is employed by the same company, the two spouses together may take a combined total of 12 weeks’ leave 566 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 38 during any 12-month period for reasons 1 and 2, or to care for an employee’s parent with a serious health condition. Military Family Leave There are two types of Military Family Leave available. 1. Qualifying exigency leave. Employees meeting the eligibility requirements described above may be entitled to use up to 12 weeks of their Basic FMLA unpaid leave entitlement during any “rolling” 12-month period, measured backward from the date of any leave to address certain qualifying exigencies. Leave may be used if the employee’s spouse, son, or daughter, or parent who is on active duty or called to active duty status in the National Guard or Reserves in support of a contingency operation. (Son or daughter for this type of FMLA leave is defined the same as for child for other types of FMLA leave except that the person does not have to be a minor.) Qualifying exigencies are available to a family member of a military member in the National Guard or Reserves and also to eligible families of any member of the Armed Forces who is on active duty in a foreign county or is called to active duty in a foreign country, and may include:  Short-notice deployment (up to 7 days of leave)  Attending certain military events  Arranging for alternative childcare  Addressing certain financial and legal arrangements  Periods of rest and recuperation for the servicemember (up to 5 days of leave)  Attending certain counseling sessions  Attending post-deployment activities (available for up to 90 days after the termination of the covered servicemember’s active duty status)  Other activities arising out of the servicemember’s active duty or call to active duty and agreed upon by the agency and the employee 2. Leave to care for a covered servicemember. There is also a special leave entitlement that permits employees who meet the eligibility requirements for FMLA leave (an eligible employee who is a spouse, son, daughter, parent or next of kin of a covered servicemember or veteran recovering from an injury or illness) to take up to a total of 26 weeks of unpaid leave to care for a covered servicemember during a single 12-month period. (Next of kin is defined as the closest blood relative of the injured or recovering servicemember.) 567 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 39 A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious health condition; or a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. A serious injury or illness for a member of the armed forces (including a member of the National Guard or Reserves) is one that was incurred by a servicemember in the line of duty on active duty in the Armed Forces (or that existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank or rating; or for a veteran who was a covered servicemember of the Armed Forces (including a member of the National Guard or Reserves), is one that was incurred by the member in line of duty on active duty in the Armed Forces (or that existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran. The single 12-month period for this type of leave begins on the first day the employee takes leave for this reason and ends 12 months later, regardless of the 12 month period established by the employer for other types of FMLA leave. An eligible employee is limited to a combined total of 26 workweeks of leave for any FMLA-qualifying reason during the single 12 month period. Married Couples. When both husband and wife work for the same employer, the aggregate amount of leave that can be taken by the husband and wife is 26 weeks in a single 12-month period, if the leave is to care for a covered servicemember with a serious injury or illness. Pay, Benefits, and Protections During FMLA Leave Leave is unpaid. Family medical leave is unpaid leave (although employees may be eligible for short- or long-term disability payments and/or workers’ compensation benefits under those insurance plans). 568 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 40 Substitution of paid time off for unpaid leave. If an employee does not choose to substitute accrued paid leave, the employer may require the employee to substitute accrued paid leave for unpaid FMLA leave, as determined by the terms and conditions of the employer’s normal leave policy. If an employee requests leave because of birth, adoption, or foster care placement of a child, any accrued paid vacation or sick leave first will be substituted for unpaid family/medical leave. If an employee requests leave because of the employee’s own serious health condition, or to care for a covered relation with a serious health condition, any accrued paid vacation or sick leave first will be substituted for any unpaid family/medical leave. The substitution of paid leave time for unpaid leave time does not extend the 12-week leave period. Furthermore, in no case can the substitution of paid leave time for unpaid leave time result in the receipt of more than 100 percent of an employee’s salary. An employee’s family medical leave runs concurrently with other types of leave, i.e., paid vacation. For leave taken for a qualifying exigency, an employee may elect or the employer may require substitution of paid vacation or sick leave time for unpaid FMLA leave. The same rules apply as if the employee took FMLA leave to care for a family member with a serious health condition or for the birth or placement of a child. For leave to care for a seriously injured or ill family member in the military an employee may substitute paid vacation or sick leave time for unpaid FMLA leave. The same rules apply as if the employee took leave for his or her own serious health condition. The employer will not provide paid sick leave in any situation in which the employer would not normally provide any such paid leave. Medical and other benefits. During an approved family medical leave, the agency will maintain the employee’s health benefits as if the employee continued to be actively employed. If paid leave is substituted for unpaid family medical leave, the agency will deduct the employee’s portion of the health plan premium as a regular payroll deduction. If leave is unpaid, the employee must pay his or her portion of the premium upon receipt of an invoice from the Legal Aid Society. 569 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 41 An employee’s healthcare coverage will cease if the employee’s premium payment is more than 30 days late. If the payment is more than 15 days late, the agency will send the employee a letter to this effect. If the agency does not receive the co-payment within 15 days after the date of that letter, the employee’s coverage may cease. If the employee elects not to return to work for at least 30 calendar days at the end of the leave period, the employee will be required to reimburse the agency for the cost of the premiums paid by the agency for maintaining coverage during the unpaid leave, unless the employee cannot return to work because of a serious health condition or other circumstances beyond the employee’s control. If the employee contributes to a life insurance or disability plan, the employer will continue making payroll deductions while the employee is on paid leave. While the employee is on unpaid leave, the employee may request continuation of such benefits and pay his or her portion of the premiums, or the employer may elect to maintain such benefits during the leave and pay the employee’s share of the premium payments. If the employee does not continue these payments, the employer may discontinue coverage during the leave. If the employer maintains coverage, the employer may recover the costs incurred for paying the employee’s share of any premiums, whether or not the employee returns to work. Intermittent and Reduced-Schedule Leave Leave because of a serious health condition, or either type of family military leave may be taken intermittently (in separate blocks of time due to a single health condition) or on a reduced-schedule leave (reducing the usual number of hours worked per workweek or workday) if medically necessary. If leave is unpaid, the agency will reduce the employee’s salary based on the amount of time actually worked. In addition, while an employee is on a planned intermittent or reduced- schedule leave, the agency may temporarily transfer the employee to an available alternative position that better accommodates the recurring leave and which has equivalent pay and benefits (but not equivalent duties). Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. The employee will be required to provide Certification of Health Care Provider that intermittent leave is medically necessary. Leave may not be taken on an intermittent basis when used to care for the employee’s own child during the first year following birth, or to care for a child placed with the employee for foster care or adoption, unless both the employer and 570 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 42 employee agree to such intermittent leave. How To Request FML – Employee Responsibilities If the need to use FMLA leave is foreseeable, the employee must give the agency at least 30 days’ prior notice of the need to take leave. When 30 days’ notice is not possible, the employee must give notice as soon as practicable (within 1 or 2 business days of learning of the need for leave except in extraordinary circumstances). Failure to provide such notice may be grounds for delaying the start of the FMLA leave. Whenever possible, requests for FMLA leave should be submitted to the Director of Finance and Administration using the Request for Family/Medical Leave form available from the Executive Assistant. When submitting a request for leave, the employee must provide sufficient information for the agency to determine if the leave might qualify as FMLA leave, and also provide information on the anticipated date when the leave would start as well as the duration of the leave. Sufficient information may include that the employee is unable to perform job functions; that a family member is unable to perform daily activities; that the employee or family member needs hospitalization or continuing treatment by a healthcare provider; or the circumstances supporting the need for military family leave. Employees also must inform the agency if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also will be required to provide a certification and periodic recertification supporting the need for leave. Employer Responsibilities When an employee requests leave, the agency will inform the employee within five business days, whether he or she is eligible under the FMLA. If the employee is, the employee will be given a written notice that includes details on any additional information he or she will be required to provide. If the employee is not eligible under the FMLA, the agency will provide the employee with a written notice indicating the reason for ineligibility. 571 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 43 If leave will be designated as FMLA-protected, the agency will inform the employee in writing generally within five business days, and provide information on the amount of leave that will be counted against the employee’s 12 or 26 week entitlement. Medical certification If the employee is requesting leave because of the employee’s own or a covered relation’s serious health condition, the employee and the relevant healthcare provider must supply appropriate medical certification. Employees may obtain Medical Certification forms from Executive Assistant. When the employee requests leave, the agency will notify the employee of the requirement for medical certification and when it is due (no more than 15 days after the employee requests leave). If the employee provides at least 30 days’ notice of medical leave, he or she should also provide the medical certification before leave begins. Failure to provide requested medical certification in a timely manner may result in denial of leave until it is provided. The agency, at its expense, may require an examination by a second healthcare provider designated by the agency, (for basic FMLA leave, not military FMLA leave), if it reasonably doubts the medical certification initially provided. If the second healthcare provider’s opinion conflicts with the original medical certification, the agency, at its expense, may require a third, mutually agreeable, healthcare provider to conduct an examination and provide a final and binding opinion. The agency may require subsequent medical recertification (for basic FMLA leave, not military FMLA leave) for the serious health condition of the employee or the employee’s family member no more frequently than every 30 days and only when circumstances have changed significantly, or if the employer receives information casting doubt on the reason given for the absence, or if the employee seeks an extension of his or her leave. Otherwise, the agency may request recertification for the serious health condition of the employee or the employee’s family member every six months in connection with an FMLA absence. Failure to provide requested certification within 15 days, except in extraordinary circumstances, may result in the delay of further leave until it is provided. 572 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 44 Reporting While On Leave If an employee takes leave because of the employee’s own serious health condition or to care for a covered relation, the employee must contact the agency on the first and third Tuesday of each month regarding the status of the condition and his or her intention to return to work. In addition, the employee must give notice as soon as practicable (within 2 business days, if feasible) if the dates of the leave change, are extended, or were unknown initially. Exemption For Highly Compensated Employees Highly compensated employees (i.e., highest-paid 10 percent of employees at a worksite or within a 75-mile radius of that worksite) may not be returned to their former or equivalent position following a leave if restoration of employment will cause substantial economic injury to the agency. (This fact-specific determination will be made by the agency on a case-by-case basis.) The agency will notify employees if they qualify as “highly compensated” employees if the agency intends to deny reinstatement, and of employees’ rights in such instances. Return from FML An employee is requested to contact his/her supervisor at least two weeks prior to the end of his/her leave to inform the agency of the employee’s availability to return to work. The agency will require appropriate medical certification before an employee returns to work, and may also require on-going medical certifications from an employee on leave due to his/her own or a family member’s serious health condition. An employee’s failure to return from leave, or failure to contact his/her supervisor on his/her scheduled date of return, will be considered a voluntary resignation. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Helpful Definitions For purposes of the Legal Aid Society’s FMLA policy, the following definitions apply: 573 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 45 1. A child is anyone under 18 years who is an employee’s biological, adopted, or foster child, stepchild, legal ward, or an adult legally dependent child. This may also include a child for whom the employee has day-to-day responsibility; 2. A parent is a biological, foster or adoptive parent, stepparent, legal guardian, or someone who plays or has played the role of parent, but does not include parents-in-law; 3. A spouse is anyone recognized as a spouse through a legal marital relationship; and, 4. A “Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves either:  Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical-care facility, including any period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities) or subsequent treatment in connection with such inpatient care; or  Continuing treatment by a health care provider, which includes: (1) A period of incapacity lasting more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also includes: - treatment two or more times by or under the supervision of a health care provider (i.e., in-person visits, the first within 7 days and both within 30 days of the first day of incapacity); or - one treatment by a health care provider (i.e., an in-person visit within 7 days of the first day of incapacity) with a continuing regimen of treatment (e.g., prescription medication, physical therapy); or (2) Any period of incapacity related to pregnancy or for prenatal care. A visit to the health care provider is not necessary for each absence; or (3) Any period of incapacity or treatment for a chronic serious health condition which continues over an extended period of time, requires periodic visits (at least twice a year) to a health care provider, and may involve occasional episodes of incapacity. A visit to a health care provider is not necessary for each absence; or 574 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 46 (4) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. Only supervision by a health care provider is required, rather than active treatment; or (5) Any absences to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three days if not treated. Helpful Definitions Specific to Servicemember Caregiver Leave For purposes of the Legal Aid Society’s Family Military Leave – Servicemember Caregiver Leave policy, the following definitions apply: 1. Next of kin of a covered servicemember means the nearest blood relative other than the covered servicemember’s spouse, parent, son, or daughter, in the following order of priority: Blood relatives who have been granted legal custody of the covered servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered servicemember, all such family members shall be considered the covered servicemember’s next of kin and may take FMLA leave to provide care to the covered servicemember, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered servicemember’s only next of kin. 2. Son or daughter on active duty or call to active duty status means the employee’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on active duty or call to active duty status, and who is of any age. (29 CFR 825.122 (g)) 3. Parent of a covered servicemember means a covered servicemember’s biological, adoptive, step or foster father or mother, or any other individual 575 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 47 who stood in loco parentis to the covered servicemember. This term does not include parents “in law.” (29 CFR 825.122 (i)) 4. Covered Servicemember is both of the following:  A member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.  A veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. 5. Veteran is a person who served in the active military, naval, or air service, and who was discharged or released from such service under the conditions other than dishonorable. Bar and Professional Association Dues The Legal Aid Society may pay the following Bar Association and Professional Association dues for attorneys: (a) Florida Bar dues; and, (b) Palm Beach County Bar Association dues. The following additional dues may be paid for attorneys based upon the availability of funds and the attorney's level of participation in the group: (a) Young Lawyers Membership Dues; (b) Florida Bar Committee Membership dues; (c) Palm Beach County Bar Luncheon dues; (d) Florida Association of Women Lawyers dues; (e) Hispanic Bar Association dues; (f) South Palm Beach County Bar Association dues; (g) North Palm Beach County Bar Association dues; and (h) American Bar Association dues (i) F. Malcolm Cunningham Bar Association. For Paralegals: National, State and County Chapters of Florida Legal Assistants, Inc. For other Administrative Staff: upon request and approval, and subject to the availability of funds. 576 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 48 Educational Assistance Subject to the availability of funds, the Legal Aid Society may pay educational assistance benefits to its regular full-time employees for work-related courses or study programs after the completion of one full-year of employment. To be eligible for tuition reimbursement, an employee must receive advance approval from the Executive Director. Employees are directed to consult with their supervisors for further details. Tuition reimbursement may not qualify as a tax-free benefit and staff members are directed to consult their tax advisors for further information. Employees seeking reimbursement for educational expenses must submit to the Personnel Department a certified transcript of their grades and receipts for the expenses incurred. However, employees who take courses at the specific request or direction of management may be reimbursed for all costs in advance. Employees will be advised at the time of enrollment whether the Organization will pay for their coursework; if there is any question, employees should refer to the Executive Director. Military Service The Legal Aid Society employees who serve in the Florida National Guard, the United States Armed Forces, and the Armed Forces Reserves shall receive those benefits and rights as provided by applicable federal and state laws. Jury Duty Employees, who have completed their introductory period and are summoned for jury duty, will be paid their normal rate of pay for a period of up to fifteen (15) days. Should an employee have to serve more than fifteen (15) days on jury duty, he/she may take use accrued leave or take unpaid time off. Employees should make arrangements with their supervisors as soon as a summons is received. A copy of the summons and proof of jury service, including dates and times, should be provided to the employee’s supervisor as soon as possible along with a completed Request for Leave Form. Employees are expected to return to work if excused from jury duty during regular working hours. 577 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 49 Hurricane Policy When severe weather approaches, the Legal Aid Society will determine if and when to close the office. Employees shall assist in preparing the office once weather alerts are issued. Preparations include such tasks as disconnecting computers and other electrical equipment, as well as packing up Legal Aid Society documents. Employees must provide their supervisors with contact information during and after the storm. The Legal Aid Society also recognizes the importance of personal preparation of each employee’s home and family. Once a hurricane watch is issued, employees may schedule and use accrued vacation time to make personal preparations. Once a hurricane warning is issued and the office is closed, employees will be compensated for their regular workday, up to a maximum of eight (8) hours per day, for up to seven (7) days each hurricane season. If the Organization remains closed, non-exempt employees may use accrued sick or vacation time until the office reopens; exempt employees must use accrued vacation time until the office reopens. Once the office officially reopens, employees are expected to return to work. After a Storm The Organization’s management will determine when it is appropriate to re- open the office after a hurricane. Employees shall be contacted by their supervisors regarding the office status. Workers’ Compensation Workers’ compensation is provided in accordance with Florida law. Work- related accidents and injuries, no matter how small, must be reported to the employee’s supervisor immediately. Following a work-related injury, an employee is required to return to work as soon as possible. 578 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 50 INDEX Absences, 11, 12 Accommodation, 4 Americans with Disabilities Act, 4 Anniversary Date, 8 Audit and Finance Committee, 22, 23, 24 Bar and Professional Association Dues, 47 Bereavement Leave, 35 Break Periods, 10 Bulletin Boards, 14 Cafeteria Plan, 30, 31 Children, 18, 19 Compliance Officer, 22, 23, 24 Computers, 15 Confidentiality, 19, 23, 24, 27 Dental Coverage, 30 Disability, 4, 5, 31, 39, 41, 47 Disciplinary Policy, 16 Discrimination, 4, 5, 24, 36 Dress Code, 19 Drug-Free Workplace, 7 Educational Assistance, 48 Electronic Devices, 15 Employee Benefits, 30 Employee Conduct, 16 Employment Eligibility, 7 Equal Employment Opportunity, 4 Ethics, 20, 21 Exempt Employees, 8, 10 Expense Reimbursement Policy, 18 Family and Medical Leave, 36 Federal Drug Free Workplace Act, 7 Flexible Spending Accounts, 30, 31 FMLA, 35, 36, 37, 38, 39, 40, 42, 43, 44, 46 Full-Time, 3, 8, 10, 31, 32, 33, 34, 35, 48 Good Housekeeping, 12 Harassment, 4, 5, 6, 16, 22, 24 Holidays, 9, 32 Hurricane Policy, 49 Immigration, 7 Introductory Period, 8 Job Postings, 13 Jury Duty, 48 Life Insurance, 30, 31 Lunch, 10 Medical Coverage, 30 Military Family Leave, 35, 38 Military Service, 48 Nepotism Policy, 25 No Smoking Policy, 15 No Solicitation, 15 Non-Exempt Employees, 8 Open Door Policy, 17 Organization Property, 12 Outside Employment, 26 Overtime, 10 Paid Time Off, 32 Paid Vacation, 32 Parking, 12 Part-Time, 3, 7, 26, 35 Pay Cycle, 9 Pay Increases, 8 Payroll Deductions, 9 Perceived Violations Policy, 24 Performance Reviews, 10 Personnel Records, 13 Pro Bono Legal Work, 26 Promotions, 8 Religious Holidays, 32 Reprisals, 6 Retaliation, 6, 22 Safety, 28, 29 Search, Theft and Audit, 14 Separation, 28 Sexual Harassment, 5 Short and Long-Term Disability, 30, 31 Sick Leave, 34 Standards of Conduct, 23 Tardiness, 11 Telephone Calls, 19 Timekeeping, 11 Vacation Accrual, 33 Verification of Employment, 28 Visitors, 18 Whistleblower Policy, 24 Workers’ Compensation, 49 579 Legal Aid Society of Palm Beach County, Inc. Employee Manual Page 51 RECEIPT AND ACCEPTANCE OF EMPLOYEE MANUAL I have this day received a copy of the Legal Aid Society’s Employee Manual and I understand that I am responsible for reading the policies and practices described within it. I agree to abide by the policies and procedures contained in this Employee Manual. I understand that the policies, procedures and benefits contained in this Manual may be added to, deleted or changed by the Organization at any time. I understand that any violation of an Organization policy or procedure will subject me to disciplinary action, up to and including termination. I understand that nothing contained within this Manual is intended to create a contract of employment, express or implied, or a guarantee of continued employment for a specific duration. I understand that my employment is at-will, which permits the Legal Aid Society to separate the employment relationship at any time, for any reason, with or without notice. The Legal Aid Society will not modify their policy of employment-at- will in any case. If I have any questions regarding the content or interpretation of this Manual, I will bring them to the immediate attention of my supervisor. NAME ____________________________________________________ DATE ______________________________________________________ EMPLOYEE SIGNATURE ________________________________________________ 580 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. POLICIES AND PROCEDURES MANUAL APPROVED BY THE LEGAL AID SOCIETY BOARD OF DIRECTORS JUNE 23, 2020 Revised October 2024 581 Table of Contents Mission Statement ........................................................................................................................... 1 Statement of Non-Discrimination ................................................................................................... 1 Client Fee/Sliding Fee Schedule ..................................................................................................... 1 Client Confidentiality...................................................................................................................... 1 Client Document Safekeeping ........................................................................................................ 2 Client Trust Account Procedures .................................................................................................... 3 Client Grievance Procedure ............................................................................................................ 8 Providing Services to Individuals with Disabilities ........................................................................ 9 Notification of Pending or Threatened Lawsuits .......................................................................... 11 Communication with Funders ....................................................................................................... 11 Disclosure of Incidents ................................................................................................................. 12 Grant Compliance System ............................................................................................................ 13 Internal Monitoring/Compliance/Quality Improvement Policy.................................................... 14 Recruitment and Hiring................................................................................................................. 15 Americans with Disabilities Act (ADA) Reasonable Accommodation Policy ............................ 16 Background Screening .................................................................................................................. 19 Organization of Personnel Files (maintained as physical and/or electronic files) ........................ 26 Termination Checklist ................................................................................................................... 27 ABA Retirement Enrollment and Administration ........................................................................ 28 Retention Policy ............................................................................................................................ 30 Media Policy ................................................................................................................................. 31 Technology ................................................................................................................................... 31 Procedures ..................................................................................................................................... 33 Dress Code Policy ..................................................................................................................... 35 Travel Procedures ..................................................................................................................... 36 Mileage Reimbursement ........................................................................................................... 37 Ordering Check Requests ......................................................................................................... 38 Ordering Client Files from Storage........................................................................................... 39 Ordering FDLE Criminal History Record Searches ................................................................. 40 Volunteer Welcoming Procedure .............................................................................................. 41 Appendices .................................................................................................................................... 43 Exit Interview Questions........................................................................................................... 43 Reference Check Form ............................................................................................................. 44 Forms Examples........................................................................................................................ 45 582 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 1 Mission Statement The mission of the Legal Aid Society of Palm Beach County is to provide high quality civil legal advice, representation, and education free of charge to the most vulnerable and at-risk children, families, elders, veterans and individuals in Palm Beach County so as to protect their personal safety, enhance their opportunities and living conditions, and promote self-sufficiency. Statement of Non-Discrimination The Legal Aid Society of Palm Beach County promotes inclusiveness and non- discrimination in all aspects of our organization’s staffing, programs, services and operations and is committed to the spirit and letter of all federal, state and local laws and regulations pertaining to equal opportunity. To implement this non- discrimination policy, the Board and staff of the Legal Aid Society are committed to taking meaningful steps to promote inclusiveness in hiring, retention, and promotion of staff; in Board recruitment; and, in direct client services. To this end, the Legal Aid Society will ensure non-discrimination against any individual on the basis of race, color, religion, sex, national origin, age, disability, marital status, veteran status, sexual orientation, gender identity or expression, or other protected status. Client Fee/Sliding Fee Schedule In accordance with the Articles of Incorporation and Bylaws adopted by the Legal Aid Society of Palm Beach County, the following Client Fee/Sliding Fee Schedule has been adopted: No recipient of legal services from the Legal Aid Society of Palm Beach County, including recipients of Ryan White Legal Project services, shall be charged any fee for the services provided to them. Client Confidentiality The Legal Aid Society has established policies and procedures that comply with all state and federal requirements, including HIPAA where applicable, that ensure the confidentiality of clients’ personal information. Additionally, Legal Aid has taken appropriate steps to ensure that data can be accessed only by authorized users under the highest ethical standards. Above all, Legal Aid seeks to protect its clients’ ability 583 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 2 and right to freely discuss their legal concerns. Before any phone conversations between an employee and a potential client occur, the employee should always ask if it is a good time to talk with the client. If the client says no, the client is asked to call back at a time when they can engage in honest and safe discussion. Client files are kept in Legal Aid Society staff offices that are accessible only by a secure keypad entry system with controlled access limited to current staff members and volunteers. The Legal Aid Society periodically removes closed case files from its office and places them in a secure storage facility. Prior to removing closed case files, employees verify that all original documents (e.g. signed wills, durable powers of attorney) were returned to the client when the case was closed and do not remain in the client file. Every seven years the closed files are destroyed, including, but not limited to, the client’s original petition, order, address, and phone number. Any individual not affiliated with the Legal Aid Society is unable to access staff computers, or LegalServer, the confidential client case management system, without first obtaining a unique user name and password. Before attorneys, staff, interns or volunteers are given access to the LegalServer, an “Acceptable Use Policy” packet and client confidentiality agreement must be reviewed and signed. Individuals who are found to be in violation of any of the policies set forth in the acceptable use manual or confidentiality agreement are subject to termination of system privileges or job termination. In addition, all messages created, received, or sent over the system, for any purpose, are subject to audit, review, interception, access, and disclosure. This is to prevent inappropriate discussions about a particular client’s confidential issue. Each department has limited access only to online files related to, or pertaining to, the legal work of the particular department. Employees working in the Fair Housing Project, for example, are unable to access Domestic Violence Project case notes or client information. This ensures that only those employees working within the Domestic Violence Project have access to client information. Client Document Safekeeping Occasionally a staff member may need to retain client documents such as passports, Social Security cards, birth certificates and resident cards that cannot be safely stored in the client file or in the staff member’s office. In this instance, the staff member should fill out a “Client Document Safekeeping Receipt” detailing the client name, the LegalServer case number and a list of the documents. Before the client’s items 584 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 3 and receipt are placed in the designated locked filing cabinet, the signed receipt will be scanned and emailed to the client’s LegalServer case notes profile page with a copy emailed to the appropriate staff member for the client’s file. A copy of this form is in the appendix of this manual. Access to these documents is limited to Legal Aid Society staff working on client’s case, or at their direction. Client Trust Account Procedures 1. Purpose As a law firm we are required to have a client trust account for the deposit and safeguarding of client funds. All client funds received by Legal Aid Society staff must be immediately deposited to the client trust account, for example: a) Funds for court costs, curator fees and court copying fees b) Client funds to settle a case c) Settlement or judgment funds received on behalf of a client The attorney of record on each client’s case will be responsible for receiving the client’s funds, requesting the disbursement of those funds, and requesting a refund of any balance to the client when the case is complete within a reasonable period of time after the client case has been closed. Important: The trust funds of one client cannot under any circumstances be used to pay the costs of another client. It is not permissible to co-mingle any other funds with clients’ funds. 2. Procedure A. Acceptable Payments by Clients The Legal Aid Society accepts client payments by money order, personal check or cashier check, made payable to the Legal Aid Society of Palm Beach County, Inc. Acceptance of cash is strongly discouraged. As a general rule, all clients may pay fees directly to the ultimate recipient, for instance the court, without going through the client trust. 585 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 4 B. Receipts For each receipt of funds from a client, you must:  Make a copy of the check and put it in the client’s file.  Complete a “Client Trust Receipt” form (available on the Intranet)  Record on the receipt what the money is for and sign it Note: If the deposit is for a settlement of which any portion is for attorney fees, you must attach an acknowledgment signed by the client indicating the attorney fees amount.  Give the client a copy of the receipt, and if meeting with the client in person, have the client sign the receipt. If the client is not here to sign the receipt, send a copy of the receipt with a cover letter to the client via their preference (U.S. Mail, e-mail, etc.). Place a copy of the receipt with the cover letter in the client’s file.  Immediately give the funds and the client trust receipt to the Finance Department  Scan a copy of the signed “Client Trust Receipt” form and email it to the client’s LegalServer case note profile page  Enter the client trust account deposit information in the client’s LegalServer case profile It is the ultimate responsibility of the attorney of record to ensure that all of these steps are completely and accurately followed. C. Disbursements No checks can be drawn from the client trust account unless that client has sufficient funds on deposit to cover the amount requested. The client’s check must also have cleared the bank in order for a check to be drawn. Checks need at least three (3) work days to clear the bank, and bank drafts may take longer. The Finance Department should contact the bank to ascertain that a check was not NSF before disbursing funds. Checks are issued from the client trust account either to pay client litigation expenses or to pay funds due the client from advocacy work. 586 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 5 D. General Procedure for Issuance of a Check The steps for issuance of a check are:  The attorney or his/her designee complete a “Check Request Client Trust” form for the amount needed. These forms are found on the Intranet.  The attorney attaches any applicable documents which show what the check being requested is to be used for (ex. invoice, fee schedule, email, etc.).  The attorney shall attach a written authorization from the client to use the trust funds for the stated purpose, OR a court order that authorizes the trust funds to be disbursed.  The check request is approved by the Executive Director or the Director of Finance and Administration.  The Finance Department verifies the availability of funds in the account before the check is issued.  The attorney enters the client trust account withdrawal transaction in the client’s LegalServer case profile. E. Reimbursements and Staff Closing Procedures Clients have the right to a prompt refund of their unused client trust funds if they decide not to continue with their case or if the case is over. Such requests must be promptly processed. Within 30 days of the funds becoming available, the attorney shall request disbursement of funds to the client. When you close a file where you know funds were received from or on behalf of the client, you must email the Finance Department that the file has been closed. This enables the accounting department to verify whether the client is owed any refunds. Before the case is closed in LegalServer, the client trust account must be balanced back to zero. F. Accounting Department Procedures The Finance Department will maintain a trust account file which records:  How much each client has deposited  How much has been withdrawn, and  The balance of the client’s money in the account. 587 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 6 The Finance Department will maintain a running ledger, which indicates all activity, deposits and withdrawals. The Chief Financial Officer will make a general ledger entry each month to reflect activity in each client trust bank account, and adjust the client trust account liabilities accordingly. Each month the Chief Financial Officer will reconcile the bank statement to the ledger account to ensure accuracy. The Chief Financial Officer will also identify checks which have been outstanding more than 45 days and attempt to contact the payee, first by phone, and if unsuccessful, then by letter, to ascertain the delay in the check being cashed. The Finance Department will contact the bank to stop payment on any check over six months old which has not been cashed, or sooner if the person reconciling the bank statements is unable to contact a payee who has not cashed a check for 45 days or more. G. Quarterly Staff Reviews Quarterly, the Finance Department will create a report of all depositors, the name of the advocate, and the date the client funds were deposited. Copies will be given to the Executive Director, the Director of Finance and Administration, and the attorneys who have client trust accounts. Each attorney will review the list and double check the accuracy of the balances in order to:  Make sure the client’s case was not closed without spending or refunding the client’s fund balance  Determine whether funds are supposed to be disbursed to the client or third parties  Determine if a case which needed funds can now proceed  The Finance Department will also notify the Executive Director and the Director of Finance and Administration on a quarterly basis of any individual client account that has been dormant more than six months H. Escheating Funds to the State of Florida Each year during the month of March, the Chief Financial Officer will review all client trust funds and identify those which have had no activity for the past year and follow up on those accounts. In accordance with the Unclaimed Property Law, balances in client accounts which are five (5) years old or more will be escheated to 588 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 7 the Bureau of Unclaimed Property of the Department of Financial Services in the State of Florida. After diligently attempting to contact the client in accordance with Legal Aid Society procedure and then verifying with the attorney or record, the Chief Financial Officer will prepare and file a Bureau of Unclaimed Property Form DFS- UP-111 due to the State before April 30th of each year. 3. LegalServer Client Trust Case Management All client trust account transactions must be recorded in the LegalServer case management system on a timely basis. These transactions include: a) Initial and subsequent deposits b) Withdrawals c) Case closing issuance of remaining funds A. Entering Transactions All transactions are recorded by clicking on the “Add New Trust or Expense Transaction” link on the client’s case profile page. Complete all applicable fields and then hit “Continue.” 589 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 8 B. Closing a Client’s Case Prior to closing a client’s case in LegalServer, enter a final withdrawal transaction to bring the trust account balance to zero. The attorney of record is ultimately responsible for ensuring that all case closing steps are followed accurately and completely. C. Running Reports To run a recap report of all client trust accounts and transaction histories, select the “Trust Accounts” report from the “Base Reports” tab and customize any appropriate filter options. Client Grievance Procedure Any individual may file a grievance regarding Legal Aid Society decisions, actions and the implementation thereof that has adversely impacted them in a substantive manner. There are two ways an individual may file a grievance. The individual has a right to file a grievance with the Florida Bar or with the Legal Aid Society. This complaint/grievance must be in written form in order to be considered. Verbal complaints to the Legal Aid Society will be resolved on an informal basis. Steps to File a Written Complaint with the Legal Aid Society Step 1 Complaints will be addressed to the Executive Director. The Executive Director or an appointed staff person under the Executive Director’s supervision will have fifteen (15) days to research the complaint and submit a written response to the complainant. If a response cannot be submitted within said number of days, the complainant will be notified, in writing, within said fifteen (15) days, including an 590 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 9 anticipated response date. The Statement of Complaint/Grievance must address at least the following: a) A specific date and nature of the event or action in question. b) A brief statement of the facts surrounding the event or action as perceived by the complainant and in what manner this has adversely impacted upon the complainant. c) Redress sought by the complainant. Step 2 If the complainant is not satisfied with the response obtained in Step 1, he/she may follow the same steps as above addressing the Chairperson of the Personnel Committee of the Board of Directors of the Legal Aid Society, sending along with his/her complaint a copy of the Executive Director’s response. This must be done within ten (10) working days of receipt of the above response. The Chairperson of the Personnel Committee of the Board of Directors will review said complaint with the Committee and respond to the complainant or will discuss the matter at the next Board of Director’s meeting, if necessary, and then notify the complainant of the final decision. Step 3 (for complaints/grievances filed by Elder Law Project clients) Complaints unrelated to the actual legal representation provided may be directed to the Area Agency on Aging’s Chief Executive Officer at 4400 N. Congress Avenue, West Palm Beach, FL, 33407, after the above steps have been exhausted. The complainant has ten (10) working days in which to file this final non-legal related complaint (i.e. discrimination based on race, religion, etc.). A copy of the Client Grievance Procedure is displayed prominently in the Legal Aid Society’s waiting room. Providing Services to Individuals with Disabilities The Legal Aid Society of Palm Beach County recognizes the spirit and the letter of the Americans with Disabilities Act (ADA) of 1990, and the Americans with Disabilities Act Amendments Act (ADAA) of 2008. Therefore, in compliance with this federal law, no qualified individual with a disability shall be discriminated against or excluded from: consideration for employment; participation in or the benefits of the services, programs or activities of the Legal Aid Society. To this end, 591 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 10 at the time the Legal Aid Society’s current office was built out, the building owner consulted with architects, space planners and Legal Aid Society management to ensure that all doorways, offices, bathrooms, elevators and hallways would be accessible to individuals with disabilities. For services currently provided by the Legal Aid Society, the following policy establishes a compliance procedure to implement and enforce the provisions of the ADAA. Accommodation Procedures All employees and representatives working for the Legal Aid Society of Palm Beach County shall report any issue involving an individual who has identified themselves as disabled or requests for accommodation to the Executive Director or Director of Finance and Administration. It is important that all instances be reported even when the accommodations are made immediately because a significant part of showing compliance with the ADA involves establishing a record of reasonable accommodation. The ADA requires that any accommodation be evaluated in light of the total resources and function of the Legal Aid Society and not simply from a given department's resources or function. The following procedure will be used to insure compliance and to provide reasonable accommodate from individuals who have identified themselves as disabled and requiring accommodation under the ADAA: I. Notice Clients, volunteers or members of the public identify themselves as disabled as defined by the ADA and requests an accommodation from an employee or representative of the Legal Aid Society. II. Action Employee or representative of the Legal Aid Society then notifies the Executive Director or Director of Finance and Administration regarding the nature of the complaint and action taken, if any, to accommodate the individual. While every effort should be made to work with individuals requiring accommodation, employees and representatives of the Legal Aid Society shall not make commitments for accommodation that involve changes to policy or programs, or require funding, without first notifying the Executive Director or Director of Finance and Administration. 592 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 11 III. Response The Executive Director or the Director of Finance and Administration, and involved departments, after consulting with the individual, will determine and implement a reasonable accommodation in accordance with the ADA. Every effort will be made to balance the need for employees or representatives of the Legal Aid Society to have information and the disabled individual's interest in not having information disclosed. Forms There are no forms that are specific to this policy. Notification of Pending or Threatened Lawsuits Upon receipt of a Florida Bar complaint or the filing of a lawsuit against an attorney or the Legal Aid Society of Palm Beach County, the Executive Director will take the following steps: 1. Notify Legal Aid’s professional liability insurance carrier, provide copies of all documents that have been filed, and request counsel on how to proceed. 2. Notify the supervising attorney (if applicable). 3. Notify Legal Aid’s board of directors at the next board meeting. 4. Notify Legal Aid’s auditor if it appears that the pending or threatened lawsuit, claim or assessment will have an impact on the organization’s finances and/or operating effectiveness. Communication with Funders The Legal Aid Society is committed to maintaining regular and open communications with its funder agencies as required by specific funders’ contractual agreements, in particular with issues or changes that could impact the delivery of client services. To this end, the Legal Aid Society will specifically notify funders of information such as but not limited to:  Changes in key personnel essential to the ongoing administration of the agency (for example the Executive Director, Director of Finance and Administration or the Supervising Attorney for the relevant program);  Changes in the name, legal or tax exempt status, contact information or location of the agency; 593 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 12  Proposed changes in the program’s contractual agreements (goals, objectives, activities, outcomes, scope of work, service units, deliverables, timetables, etc.) prior to implementation;  Proposed changes in the amount of the program budget prior to implementation;  Loss of funding from other funders that could impact service delivery;  New credit lines established with creditors, or any other new debt incurred (including loans taken out on mortgages);  Notification of cash flow shortages that could impact the ability to satisfy current obligations such as payroll and payroll taxes, payments to vendors for employer benefits, payments to vendors for operating expenses, payments against credit lines and other secured notes, etc.;  Inability to have three (3) month’s cash flow on hand;  Temporary interruption of services delivery due to emergency, natural or unnatural disaster;  Incidents involving Palm Beach County Department of Community Services Financially Assisted Agencies-funded clients as outlined in the agency’s current executed agreement(s). Disclosure of Incidents As a grantee of the Palm Beach County Board of County Commissioners Department of Community Services Financially Assisted Agencies (FAA) Program, the Legal Aid Society of Palm Beach County will inform the FAA Program by telephone of all unusual incidents that involved any FAA Clients within 4 - 8 hours of the occurrence of the incidents, and follow up with the Community Services Department Incident Notification Form (EXHIBIT E of contract) within twenty-four (24) hours. This includes incidents occurring in or out of the facilities or on approved trips away from the facility. An unusual incident is defined as any alleged, suspected, or actual occurrence of an incident that adversely affects the health and safety of the FAA Clients. All of the incidents require that immediate action is taken to protect FAA Clients from further harm, that an investigation is conducted to determine the cause of the incident and contributing factors, and that a prevention plan is developed to reduce the likelihood of further occurrences. Examples include but are not limited to physical, verbal or sexual abuse. For FAA Clients who are children or adolescent, the Legal Aid Society shall inform the FAA Program by telephone of all unusual incidents that involved any FAA Clients within 2-4 hours of the occurrence of the incidents and follow up with the Community Services Department Incident Notification Form within twenty-four 594 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 13 (24) hours. This includes incidents occurring in or out of the facilities or on approved trips away from the facility. A written report must follow within 24 hours of the incidents. An unusual incident is defined as any alleged, suspected, or actual occurrence of an incident that adversely affects the health and safety of the FAA Clients. All of the incidents require that immediate action is taken to protect FAA Clients from further harm, that an investigation is conducted to determine the cause of the incident and contributing factors, and that a prevention plan is developed to reduce the likelihood of further occurrences. Examples include but are not limited to physical, verbal or sexual abuse. Grant Compliance System To ensure compliance and fulfillment of all contractual grant requirements, the Legal Aid Society adheres to the following system:  Upon receipt of an executed agreement, copies are distributed to the Executive Director, the Director of Finance and Administration, Chief Financial Officer, and the Supervising Attorney/Supervisor for the respective project;  The Supervising Attorney/Supervisor is responsible for monitoring compliance with the programmatic requirements of the grant, ensuring that all programmatic grant reporting is completed, and that all staff attend contractually required trainings and maintain accurate documentation of attendance at such trainings;  The Chief Financial Officer designated for the particular grant is responsible for all financial budgeting and reporting as required by the funder or the contract;  Legal Aid’s Board of Directors is apprised at each board meeting whether the programs are meeting contract requirements or not;  Deviations in contracted grant deliverables, hourly billings, funding levels and rates of expenditures are monitored regularly, and if warranted are discussed with the program manager from the appropriate funding agency. 595 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 14 Internal Monitoring/Compliance/Quality Improvement Policy Policy: The objective of the Ryan White Internal Monitoring/Compliance/Quality Improvement Policy is to systematically monitor and evaluate the various aspects of the program to ensure that the Ryan White Standards of Care are being achieved, along with Program outcomes and deliverables and compliance with Legal Aid Society policies and procedures. Quality Improvement Activities: The Internal Monitoring/Compliance/Quality Improvement Policy activities ensure that program protocols are completed in an accurate and timely manner. These activities also ensure staff has the needed training/education and support to successfully complete all program components with fidelity. A. Weekly Program Staff Meetings: Meetings of attorneys and the paralegal will be held weekly. Additional full case reviews are conducted at least annually with attorney staff. In addition, all staff is encouraged to identify any concerns on a programmatic and systemic level to address with the team. Weekly Program Staff Meetings review:  Cases are reviewed and discussed. Clinical issues, medical updates and legal needs and outcomes are reviewed and options for interventions are outlined.  Compliance with Ryan White Standards of Care. Cases are reviewed for compliance with Ryan White Standards of Care, on-going eligibility for Ryan White services, compliance with Legal Aid Society policies and procedures for client representation and/or provision of services.  Monitoring of outcomes. Progress on Ryan White outcomes is also monitored as is real time progress on all elements of the Ryan White Workplan. If any elements are not on track to being fully met, a corrective action plan is devised and implemented. B. Documentation review: It is the policy of the HIV/AIDS Legal Project to conduct regular client file reviews to ensure continued client eligibility and consistent and accurate documentation. In addition, at the time of case closure, the attorney assigned to the case will review the clients paper file and internal LegalServer and external Provide databases to ensure quality of completion ensuring; all consents and authorizations are in each file, there are eligibility 596 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 15 determination for all Ryan White billed services, a client satisfaction survey has been sent to the client and outcomes are accurately entered into LegalServer. Recruitment and Hiring The goal of creating and adhering to a Recruitment and Hiring Policy is to establish a process that is consistent, fair and transparent with regard to the hiring for every position in the organization. The objective in implementing the policy is to identify and select the most qualified individual with a view toward long-term tenure with the Legal Aid Society of Palm Beach County. Steps to Follow 1. As soon as a vacancy is made known, the supervising attorney/manager will update the job description. 2. Once the job description has been updated, a process will be established by the Executive Director and the supervising attorney/manager including:  Will the job posting be internal, external or both?  Where will the announcement be listed and for how long?  Will the salary be indicated in the posting? If yes, what will the salary range be?  Who will review the resumes?  Who will conduct the interviews and in how many rounds?  What is the minimum number of candidates who will be invited to interview for each round?  If a minimum number of final candidates are not identified, what will be the process for increasing the candidate pool?  Who will conduct reference check calls for the candidates (see “Reference Check” form in the appendix of this manual)?  Who will make the final offer to the prospective candidate?  How will candidates who were not selected for the position be notified? 3. Once the process has been established, the posting will be made (either internally, externally or both, as decided above). All advertisements should state that the Legal Aid Society of Palm Beach County is an equal opportunity employer (EOE/ADA). For external postings, the following channels should be considered: 597 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 16 Attorney Positions Support Staff Positions  Indeed.com  Indeed.com  Law school job boards  Local college job boards  PBC Bar Association  United Way of PBC Website  United Way of PBC Website  Nonprofits First  Nonprofits First (www.pbcjobs.org) Americans with Disabilities Act (ADA) Reasonable Accommodation Policy The Legal Aid Society is committed to the fair and equal employment of individuals with disabilities. It is the Legal Aid Society’s policy to reasonably accommodate qualified individuals with disabilities unless the accommodation would impose an undue hardship on the organization. In accordance with the Americans with Disabilities Act (ADA) as amended, reasonable accommodations will be provided to qualified individuals with disabilities when such accommodations are necessary to enable them to perform the essential functions of their jobs or to enjoy the equal benefits and privileges of employment. This policy applies to all applicants for employment and all employees. Disability “Disability” refers to a physical or mental impairment that substantially limits one or more of the major life activities of an individual. A “qualified person with a disability” means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the job. Reasonable Accommodation The agency will seek to provide reasonable accommodation for a known disability or at the request of an individual with a disability. Many individuals with disabilities can apply for and perform the essential functions of their jobs without any reasonable accommodations. However, there are situations where a workplace barrier may interfere. A “reasonable accommodation” is any change or adjustment to the job application process, work environment, or work processes that would make it possible for the individual with a disability to perform the essential functions of the job. There are three types of reasonable accommodations that may be considered: 1. Changes to the job application process so that a qualified applicant with a 598 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 17 disability will receive equal consideration for the job opportunity; 2. Modifications to the work environment so that the qualified individual with a disability can perform the essential functions of the job; or 3. Adjustments that will allow a qualified individual with a disability to enjoy the same benefits and privileges of employment as other similarly situated employees without disabilities. Essential Job Functions For each position, the job description typically will identify essential job functions. The Director of Finance and Administration will generally review job descriptions on a periodic basis to evaluate job functions designated as essential. If there are any questions about the job requirements, they should be directed to the supervisor or to the Director of Finance and Administration. Requesting a Reasonable Accommodation An employee with a disability is responsible for requesting an accommodation from the Director of Finance and Administration or his or her supervisor, and providing medical documentation regarding the disability when requested. Once medical documentation is received, the Director of Finance and Administration will work with the employee to identify possible reasonable accommodations and to assess the effectiveness of each in allowing the employee to perform the essential functions of the job. Based on this interactive process, a reasonable accommodation will be selected that is most appropriate for both the Legal Aid Society and the individual employee. While an individual’s preference will be considered, the Legal Aid Society is free to choose between equally effective accommodations with consideration toward expense and impact on the rest of the organization. A request for reasonable accommodation may be denied if it would create an undue hardship for the Legal Aid Society. Factors to be considered when determining whether an undue hardship exists include the cost of the accommodation, the agency’s overall financial resources, the financial resources of the particular facility at which the accommodation is to be made, the number of employees at the facility, the total number of employees of the organization, and the type of operation. Safety All employees are expected to comply with all safety procedures. The Legal Aid Society will not place qualified individuals with disabilities in positions in which 599 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 18 they will pose a direct threat to the health or safety of others or themselves. A direct threat means a significant risk to the health or safety of one’s self or others that cannot be eliminated by reasonable accommodation. The determination that an individual with a disability poses a direct threat will be made by the Director of Finance and Administration and will be based on factual, objective evidence. A written copy of the determination will be given to the employee so that he or she may submit additional information and/or challenge the determination that he or she poses a direct threat. Confidentiality All information obtained concerning the medical condition or history of an applicant or employee will be treated as confidential information, maintained in separate medical files, and disclosed only as permitted by law. Complaint Procedure It is the policy of the Legal Aid Society to prohibit any harassment of, or discriminatory treatment of, employees on the basis of a disability or because an employee has requested a reasonable accommodation. If an employee feels he or she has been subject to such treatment, or has witnessed such treatment, the situation should be reported using the harassment complaint procedure. Any employee found to have engaged in retaliation against an employee for making a request for reasonable accommodation under this policy, registering a complaint under this procedure, or for assisting in the investigation of any registered complaint will be subject to immediate disciplinary action up to and including discharge. The Legal Aid Society is committed to complying fully with the Americans with Disabilities Act (ADA) as amended and ensuring equal opportunity in employment for qualified persons with disabilities. All employment practices and activities are conducted on a non-discriminatory basis. The Legal Aid Society is also committed to not discriminating against any qualified employees or applicants because they are related to or associated with a person with a disability. The Legal Aid Society will follow any state or local law that provides individuals with disabilities greater protection than the ADA. This policy is neither exhaustive nor exclusive. The Legal Aid Society is committed to taking all other actions necessary to ensure equal employment opportunity for persons with disabilities in accordance with the ADA as amended and all other applicable federal, state, and local laws. 600 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 19 Background Screening The Legal Aid Society of Palm Beach County is committed to providing a safe and secure working environment for its employees and clients. To this end, the agency's selection process includes background checks of all potential employees, with the level dependent on the population with which the prospective employee will be working. The Legal Aid Society will follow all applicable federal, state and local laws governing employment and background screening in all respects including all specifically applicable, mandatory agency project grant requirements. All Legal Aid Society employees will be subject to, at minimum, a Level 1 screening process consisting of a search of the Florida Department of Law Enforcement’s (FDLE) Computerized Criminal History files, which include State of Florida criminal history information. For specified positions (as outlined below), mandated Level 2 screening protocol will be performed in accordance with Chapter 435, s.943.0542 Florida Statutes. Conviction of a crime will not necessarily disqualify an applicant from employment. Each conviction will be judged on its own merit based on a variety of factors, including, but not limited to: the nature and gravity of the offense; amount of time that has elapsed since the applicant's conviction and or completion of sentence and the nature of the job in question as it relates to the nature of the offense committed. The following procedures will be followed to ensure compliance with our Background Screening Policy: Applicants (Those who have been offered employment, contingent upon passing a background screen) As part of the selection process, all applicants will be required to sign a release for the completion of a background check when being considered for potential employment. Level 1 criminal background checks will be performed through the FDLE Computerized Criminal History files, which includes all current State of Florida criminal history information. Level 2 criminal background screens are required for all positions, including 601 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 20 volunteers, with duties involving supervision, care, treatment or visitation of children, vulnerable adults, or individuals with mental illness or developmental disabilities (Chapter 435.04 Florida Statutes). Level 2 criminal background screens will be renewed every five years for active employees, and a spreadsheet will be maintained and checked quarterly for monitoring and compliance. Security background investigations shall include, but not be limited to, fingerprinting, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. Finances or Property Background checks are required for positions with duties involving confidential information such as: personnel and client records, and/or proprietary agency information, accountability for or receipt of agency funds, access to master keys, sensitive inventory items, or other items of value. Any individual offered a position that has responsibility for initiating or affecting financial transactions either directly for the agency or for agency clients will be required to submit to a credit check. These responsibilities could include among other things, collecting or handling cash or checks, writing checks or approving them, access to a direct money stream, or being a fiduciary to the agency. These checks will be consistent with the guidelines set forth by the Federal Credit Reporting Act (FRCA). The Fair Credit Reporting Act requires organizations to obtain a candidate’s written authorization before obtaining a credit report. The agency shall make all forms and certifications available to the final candidate, prior to running the check. Any Position The Director of Finance and Administration may request pre-employment background checks for any position vacancy prior to beginning the recruitment process or prior to extending an offer of employment. Positions Requiring Level 2 Background Screening The following positions (both staff and volunteer) have been identified as safety- sensitive positions requiring a fingerprint-based criminal history check: 602 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 21 Children’s Services (Background screenings and five-year rescreenings conducted through the Florida Department of Law Enforcement (FDLE) VECHS FALCON database) Foster Children’s Project Juvenile Advocacy Project Relative Caregivers Project Education Advocacy Project (All positions funded under the CSC contract) Juvenile Immigration Project Guardian Advocacy Project (PBC FAA contract compliance) Elder Services Public Guardianship Project/Guardian Advocacy Project (Background screenings and five-year rescreenings conducted through the Office of Public and Professional Guardians portal) All attorneys, paralegals, social workers/case managers, financial managers and volunteers. Credit history checks are also required for these positions per the Florida Office of Public and Professional Guardians. Elder Law Project/Title III (Background screenings and five-year rescreenings conducted through the Agency for Health Care Administration (AHCA) portal with accompanying affidavit of compliance packet) All staff and volunteers, including designated financial grant manager Vulnerable Adults (Background screenings and five-year rescreenings conducted through the FDLE VECHS FALCON database) Ryan White/HIV AIDS Legal Project The following positions will require a criminal background screening check: Finance and Administration (Initial background screenings conducted through First Advantage and subsequent five-year rescreenings performed through the FDLE Computerized Criminal History files) Director of Finance and Administration Finance Department staff Information Technology staff Facilities Manager 603 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 22 Additional Investigations The Legal Aid Society reserves the right to conduct criminal conviction investigations when a current employee or volunteer is charged with any crime that reflects on his/her suitability for continued employment or during the course of an administrative investigation, when circumstances are identified that warrant further investigation. Background Screening Procedures 1. After a new candidate for employment has been offered a position (contingent upon passing the required background screen) and accepted, the Administrative Coordinator will initiate the background check. No offer of employment is binding until completion of a background check. 2. All candidates for employment and volunteers must complete an appropriate waiver agreement and statement prior to the background check being initiated. 3. For Level 1 background screenings, the Administrative Coordinator will conduct the FDLE Level 1 background check and receive the results immediately from the FDLE website. 4. For Level 2 required screenings, the Administrative Coordinator will schedule an appointment and arrange payment for the applicant to be electronically fingerprinted at an approved third party vendor (i.e. LiveScan). Results will be transmitted directly to the requesting agency (e.g. Florida Office of Public and Professional Guardians, Florida Department of Elder Affairs) or to the Director of Finance and Administration through the Volunteer and Employee Criminal History System (VECHS) of the Florida Department of Law Enforcement (FDLE), depending on the contractual requirements. 5. For results reported directly to the Florida Office of Public and Professional Guardians (OPPG), OPPG staff will review the results and will contact the Legal Aid Society’s Executive Director with any discrepancies or questions. If the results are acceptable to OPPG staff, the annual professional guardian registration will serve as proof of acceptable background screening results for the relevant groups of employees and volunteers. 604 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 23 6. For results conducted through the Agency for Health Care Administration portal, the Administrative Coordinator will access the results once a notification email is received that the results have been returned. 7. For results conducted through the Florida Department of Law Enforcement FALCON database, the Director of Finance and Administration will access the results once a notification email is received that the results have been returned. 8. The Director of Finance and Administration will confirm to the Executive Director and appropriate supervising attorney that the background screening is complete and that the applicant meets Legal Aid’s criteria for employment or volunteer service. In the event adverse information is discovered, the offer will be retracted and the selection process and next steps will be determined on a case- by-case basis. 9. The Director of Finance and Administration will immediately review all charges (if any) with the Executive Director and determine whether a potential disqualifying charge exists. If a potential disqualifying charge exists, the Director of Finance and Administration will send a “Request for Disposition” letter to the employee via certified mail, requesting that the disposition of the charge be submitted to the Director of Finance and Administration within 30 days. The person whose background is being checked must supply any missing criminal or other necessary information to the employer within 30 days after the employer makes a request for the information or be subject to automatic disqualification. Employees may be placed on probationary status pending a resolution of any missing information. If the disposition information makes the employee ineligible for continued employment at the agency, a “Disqualification Letter” must be sent to the employee via certified mail. When the Legal Aid Society has reasonable cause to believe that grounds exist for the denial or termination of employment of any employee as a result of background screening, it will notify the employee in writing, stating the specific record which indicates noncompliance. It shall be the responsibility of the affected applicant or employee to contest his or her disqualification. The only basis for contesting the disqualification shall be proof of mistaken identity with regards to the offence(s) in question. Any prospective employee that receives a "Not Recommended" result will receive communications consistent with Fair Credit Reporting Act (FCRA) requirements. The Administrative Coordinator will also conduct an internal conflict screening by searching the prospective employee’s name in LegalServer, the Legal Aid Society’s case management system, to ensure that the 605 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 24 prospective employee has not been an adverse party in any cases in which the Legal Aid Society provided representation to an individual. Recordkeeping The Legal Aid Society will ensure that all information obtained from the reference and background check process will only be used as part of the employment process, will be kept strictly confidential and will be retained in a secure locked filing cabinet in an access-controlled area. Legal Aid ensures that criminal history records are not commingled with other records and that records are only accessible to employees who have been trained in their proper use and handling. Supervisors/Managers After a new candidate for employment has been offered a position and accepted, the Supervisor/Manager must ensure that the employee is never left alone with a child or children, vulnerable adults, or individuals with mental illness or developmental disabilities, or with confidential information pertaining to clients, until he/she receives information in writing from the Director of Finance and Administration that the employee is cleared to work alone with children, vulnerable adults or individuals with mental illness or developmental disabilities, and with confidential information pertaining to clients. Additional Policies and Procedures for Legal Aid Society Elder Law Project Staff and Volunteers As a grantee of the Area Agency on Aging Palm Beach/Treasure Coast Inc., the Legal Aid Society must adhere to Florida State Statute 435.04 which requires all individuals representing the Area Agency who have face-to-face contact with seniors to meet the Level 2 screening standards. These screenings are conducted through the Agency for Health Care Administration Care Provider Background Screening Clearinghouse online portal. Individuals are direct service providers representing the Legal Aid Society either as employees or volunteers. As part of reviewing qualifications and determining suitability for open positions, the Legal Aid Society requires background screenings and considers the findings during the hiring process for employees and/or the selection process for volunteers. These screenings are conducted by a third party company and will include verification of information provided on the completed 606 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 25 application or on other forms used in the selection/hiring process. The background check includes a search of the FBI Database, The National Sex Offender Registry, The National Criminal History and/or the Florida Department of Law Enforcement Databases. These checks may also include criminal court record searches and/or other data bases as dictated by state statute. All individuals are asked to sign a release form(s) authorizing the appropriate background screenings. Prior to the screening, individuals are also informed of their right to: a) list any potential disqualifying offenses under the Florida State Statute, and b) request a copy of their criminal record in the event they are deemed to be disqualified or ineligible. In addition, all individuals are furnished with the contact information of the screening provider as required by law. If the background screening results in the disqualification of an individual applying for a position, a committee (comprised of the Executive Director, Director of Finance and Administration and Legal Aid Society’s attorney) will discuss and review the findings in question and determine the outcome on a case by case basis. Once the committee makes a decision, a letter, along with a copy of the appeal form from the screening provider, will be sent to the individual within two weeks. If the individual can prove the disqualifying offense was an error and provide appropriate documentation to the committee, they will revisit the situation and decide accordingly. If a disqualifying result comes back for a Legal Aid Society employee or volunteer, the Legal Aid Society is required to follow the DoEA’s (Department of Elder Affairs) procedure in this regard. Once a final disposition is made on any individual, all documentation is retained as appropriate for a period of seven (7) years. 607 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 26 Organization of Personnel Files (maintained as physical and/or electronic files) Basic Personnel File—Employment-related documents  Signed job application, resume, offer letters, W-4, annual performance appraisals, warnings, performance memos, training records and certificates  School transcripts/copies of degrees, copy of required licenses, proof of reference checks (see “Reference Check” form in the appendix of this manual), signed job descriptions (detailing FLSA classification, qualifications, duties, reporting relationships, essential functions, and signatures of the employee and Executive Director), letters of appreciation, acknowledgement of receipt of Employee Manual, Disaster Preparedness and Business Continuity Plan and other agency documents  Emergency contact information  Personnel action notices (new hire, salary change, title change, termination notice, etc.) resignation letters  Proof of training on child abuse and/or elder abuse (if required)  Exit interview notes (see “Exit Interview” questions in the appendix of this manual) Medical Information File The ADA requires that medical information be kept absolutely confidential, in a locked file cabinet, completely separate from personnel files.  Records of physical examinations, drug tests, proof of compliance with tests mandated by government or job-related medical procedures  Health insurance enrollment forms, beneficiary forms, OSHA-related medical records, workers compensation claim records/accident reports, injury records  Doctors’ notes supporting absences, return to work releases  Requests for and replies to Family Medical Leave request and ADA accommodation documents, and related documents Background Screening Files  Employment background investigation authorization/waiver agreement and statement for Level 1 and Level 2 background screenings and credit checks  Level 1 background screening  Level 2 background screening results (when received directly by the Legal Aid Society through VECHS) 608 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 27 Confidential Files (sensitive records) Information kept in this file should only be seen by top management on a need-to- know basis.  Records of criminal or civil convictions  Documents relating to credit reports and background checks  Payroll Information, W4 Form  Garnishments or liens, and any age-related/revealing employment forms Confidential File (Litigation, Complaints, and/or Investigation). Anything related to lawsuits or internal or external investigations (i.e., government investigations—e.g. discrimination investigations, EEOC or FLSA type investigations or OSHA inquiries, Whistleblowing, etc.) is kept separate and restricted and confidential. I-9 File While not legally required, the best (and most common) practice is to keep these filed separate from personnel folders, a policy to which the Legal Aid Society adheres. E-Verify confirmations are filed with the staff members’ I-9. Important: The I-9 form and the E-Verify confirmation must be completed no later than the third business day after the employee starts work for pay. Before any documents are added to the personnel-related files described above, they will be checked to ensure all of the required fields have been completed and that they contain all appropriate signatures. In particular, the I-9 form and E-Verify confirmation will be verified by two individuals to certify that all fields have been accurately and correctly completed. All files listed above are stored in secure locked filing cabinets with access limited only to employees who have been trained in their proper use and handling. Termination Checklist The following checklist should be applied to all terminated employees:  Request of COBRA insurance packet from the benefits provider (CBIZ) and review of COBRA eligibility and procedures prior to the employee’s last day  Return of all building keys, building access cards and parking garage cards  Return of any equipment or cards used by the staff member (cell phone, laptop, netbook, air card, etc.) 609 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 28  Completion of final timesheet in WebClock  Proper transfer and closure of any open cases in LegalServer and within the unit  Submission of any information necessary for program reporting requirements  Resolving of any outstanding travel advances or other amounts owed to Legal Aid  Notification to the Director of Finance and Administration to remove staff member as an authorized signer on bank accounts, if applicable  Plan for checking and forwarding of email and voice mail messages after employee’s departure  Removal of access code from the office door keypads  Disabling of network user account and email To the extent possible, an exit interview should be conducted with all employees and volunteers who voluntarily or involuntarily separate from the Legal Aid Society. The exit interview is conducted with the Executive Director and the Director of Finance and Administration using guide questions included in the appendix of this manual. Notes from the interview are recorded and kept in the Executive Director’s office, and when relevant are shared with the supervising attorney. ABA Retirement Enrollment and Administration The Legal Aid Society of Palm Beach County offers staff members access to its 401(k) plan through the American Bar Association Members Retirement Plan, sponsored by the American Bar Retirement Association (ABRA). Staff members are eligible to become a participant in the Plan and begin making elective contributions on their own behalf on January 1, April 1, July 1 or October 1 that coincides or next follows the date they have completed twelve (12) months of service. Currently Legal Aid offers a traditional 401(K) plan and a Roth 401(K) plan and will make a matching contribution in an amount equal to 100% of a staff member’s elective contribution up to 3% of their compensation. 401(K) Procedures  As part of the new hire onboarding task completion process, the Administrative Coordinator will add a new staff member’s name, start date and plan entry date to the 401(K) Eligibility master list.  One month prior to a staff member’s plan entry eligibility date, the Administrative Coordinator will complete an ABA Enrollment Form and obtain 610 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 29 the signature of the Director of Finance and Administration through a DocuSign packet.  Once signed, the Administrative Coordinator will forward the signed ABA Enrollment Form to the Director of Finance and Administration to submit to ABA Retirement Plan through an encrypted email.  ABA Retirement Plan will open a 401(K) retirement account for the staff member and will send them information for accessing their account, indicating their contribution amount and making their plan elections if they choose to participate in the plan.  The Director of Finance and Administration will email the staff member an ABA Retirement Funds Enrollment Kit as well as instructions for registering for online account access.  On the plan entry date, the Administrative Coordinator will send the staff member an acknowledgment form through DocuSign certifying that they received instructions for registering for online account access.  If the staff member chooses to participate in the retirement plan, they will email a copy/screenshot of their online account registration information and designated payroll deduction amount to the Director of Finance and Administration.  The Director of Finance and Administration will forward a copy/screenshot of their designated payroll deduction amount to the Finance Department so that appropriate deductions can be set up in the payroll system and will send a copy of the form to the Administrative Coordinator to file in the staff member’s personnel folder.  For periodic updates to a staff member’s account (contribution changes, loans, hardship withdrawals, etc.), the Director of Finance and Administration will forward the relevant forms to the Finance Department for appropriate payroll actions and to the Administrative Coordinator to file in the staff member’s personnel folder. 611 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 30 Retention Policy The following are the Legal Aid Society’s record retention guidelines. Note: Any documents related to pending legal action should not be destroyed. Staff should consult with an attorney prior to destroying any employment records at any time. Record Years (Legal Requirement) Years (Strongly Recommended) Hiring Records (Keep EEO information separate) Job applications, resumes, records relating to refusal to hire, advertisement about openings, promotions or training opportunities 1 year Federal contractors should keep these records for at least 2 years 5 years Basic Employee Information (Keep I-9s separate) I-9 for all, work permits for minors Background checks, harassment investigations 3 years after hire or 1 year after termination, whichever is later 5 years As long as possible Payroll Records Name, address, SSN, DOB, job classification, occupation, daily schedules, pay rate, weekly pay, amounts and dates of payments, daily and weekly hours, overtime hours and pay, annuity/pension payments, benefits, deductions/add 4 years As long as possible Employment Actions Hires, separations, rehires, promotions, demotions, transfers, layoffs, recalls, training, employment test results 1 year from date of action Maintain all records of current employees, and for 3 years after termination Health, medical, safety data (keep in separate, locked file cabinet) Varies Job related illnesses and injuries 5 years 5 years at a minimum Requests for accommodation of disability 1 year 5 years at a minimum FMLA 3 years 5 years at a minimum Client case files 7 years 7 years Medical exams 30 years 30 years Toxic substance exposure records 30 years 30 years 612 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 31 Blood-borne pathogen exposure records 30 years 30 years Client case files are to be kept for a period of seven years after the case has been closed, either at the Legal Aid Society office or at an offsite secure storage facility. Legal Aid staff are to ensure that all original client documents (e.g. signed wills, durable powers of attorney) are returned to the client at the time the case is closed and that no original client documents are left in the case file. Documents to be destroyed per the above described retention policy are done so in a professional, confidential and secure manner by Vital Records Control. Media Policy Only the Executive Director and the President of the Board of Directors are authorized to speak on behalf of the board and staff on all matters relating to funding, agency matters and agency policies. If a staff member is contacted by the media regarding a specific case, the staff member should refer the matter to the Executive Director or supervising attorney of the unit handling the case. Where this is impractical (due to the immediate nature of the inquiry), the attorney handling the case may speak to the media with client permission and must notify the Executive Director of his or her response as soon as possible. All communications with the media must be in accordance with The Rules Regulating the Florida Bar (Rules of Professional Responsibility) and any rules regarding client confidentiality. Non-attorneys should not speak to the media on agency or case matters without the prior approval of the Executive Director. Technology The Legal Aid Society is in an Active Directory secured domain. All users are required to have a high-complexity password and multi-factor authentication (MFA) through DUO to access network resources. Computers and confidential files in the computer are password-protected through Active Directory and BitLocker. The computers are secured through antivirus, zero trust applications, continuous vulnerability scanner, and conditional access policies. 613 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 32 Legal Aid Society’s servers are being backed with weekly full image backups, with daily incremental and near instant “Real-time” backups as files are changed. Data is encrypted and stored on a local network attached storage device and then automatically replicated to the cloud. The data stored in the cloud is immutable and available for disaster recovery. Disaster Recovery tests are completed annually. A group policy has been deployed that enforces a 15-minute inactivity timeout on all users’ computers that requires them to log back in. 614 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 33 Procedures Time Keeping Weekly time records are required for both exempt and non-exempt employees. Each employee is responsible for correctly recording his/her hours of work, holidays, vacation and sick leave in the WebClock web-based time-keeping software and for properly submitting his/her timesheet when required. In addition, non-exempt employees must accurately record the time they begin and end work as well as the beginning and ending time of each meal period. It is the employees' responsibility to certify the accuracy of all time recorded. Each employee’s supervisor will review and approve the employee’s time record before submitting it for payroll processing. Time sheets must be completed in the WebClock system every Friday no later than 5:00 p.m. Employees are not permitted to record another employee’s time or let another employee record their time. If a non-exempt employee chooses to volunteer for a Legal Aid event after normal business hours, their normal work hours shall be reduced by the number of hours worked during the same work week. Please note the following important points: Non-exempt employees should arrange with their supervisor to take time off within the same week in order to balance out time worked over their 40 hours (i.e. to complete a special project or to volunteer at a Legal Aid event). Non- exempt employees may not work any overtime hours without prior approval from the Executive Director. Non-exempt employees who consistently feel the need to work over their 40 hours should discuss their workload with their supervisor. Exempt employees who volunteer at special events may arrange with their supervisor to take time off as their workloads permit. If you are not sure whether you are exempt or non-exempt, please check with the Director of Finance and Administration. 615 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 34  “Authorized Leave” is only to be used in the following situations: 1) Times that the Executive Director has officially closed the office (i.e. closing a few hours early before a holiday or closing during a hurricane or other extreme situation) 2) For authorized family bereavement 3) For jury duty  Supervisors should ensure that their employees are correctly filling out their time records according to these guidelines and should return and revise any incorrect times records before submitting them to the Finance Department.  All vacation requests must be submitted in WebClock at least two weeks in advance and will not be approved if the employee does not have sufficient accrued vacation leave. 616 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 35 Dress Code Policy “Employees are expected to dress in business attire, using good judgment in selecting apparel appropriate to their functional position.” (Employee Manual, p. 21).  For male staff, this means collared shirts (dress or oxford) and dress trousers, khakis or corduroys from Monday through Thursday. Ties should be worn when seeing clients and sports coats or blazers should be kept in the office at all times for emergency court appearances.  Female staff should dress in professional attire from Monday through Thursday. Skirts and dresses should be of an appropriate length.  Fridays will be business casual days, and appropriate attire includes:  Sports shirts with collars (polo, golf, etc.)  “Dress” jeans—no frays, no holes or faded patches  Inappropriate attire on any day includes:  Sweatshirts  Ribbed tank tops  T-shirts  Overalls  Low-cut or tight-fitting clothing  Clothes that bare the midriff  Shorts  Flip-flops (foam or rubber) No dress code can cover all contingencies, so employees must exert a certain amount of judgment in their choice of clothing to wear to work. If you experience uncertainty about acceptable professional business attire or casual business attire for work, please ask your supervisor or the Executive Director. Staff members in violation of this policy may be asked by their supervisors and/or administration to leave the office and comply with said policy. 617 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 36 Travel Procedures The following procedures cover all staff travelling on behalf of the Legal Aid Society for training, outreach, etc.  All travel for conferences or out of town meetings/events must be pre-approved in writing at least one week prior to the date of travel (or hotel/conference registration deadlines when earlier). Please complete the “Travel Training Request Form” and have it signed by the Executive Director or the Director of Finance and Administration.  The request form must include the written agenda for the conference or meeting with supporting hotel, registration fees and dates.  Mileage is currently reimbursed at $0.45/mile.  The current meal reimbursement rate is $42 per day ($10 breakfast, $12 lunch, and $20 dinner). The meal reimbursement for the first day of travel and the last day of travel will be a flat $31.50 rate.  Legal Aid Society will not reimburse for meals included with the room or conference.  In accordance with Federal Travel Regulations, if you are out of the office on official business for more than 12 hours, you are entitled to 75% of the flat rate of $31.50.  Unless required for official business purposes (i.e. meetings held at a distance from the hotel), Legal Aid Society will not pay for rental cars if the employee has flown to a conference or meeting. Employees are expected to take an airport shuttle to and from the hotel and keep receipts to submit for reimbursement.  Within 7 days of returning from travel, the employee must complete a “Travel Expense Claim form” and submit it to the finance department with all accompanying receipts. Meals do not require receipts and will be reimbursed on a per diem basis as long as they are not provided as part of the function. Travel Advances Travelers may request a cash advance for projected out of pocket costs. Requests must be received one week prior to travel and will be issued in check form. Travel advances must be reconciled as outlined above within 7 days of return from travel. 618 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 37 As a final note, when making travel plans and arrangements, please remember to consider the most cost effective options available while carefully weighing whether the event is a value-added activity that serves to improve how we carry out our organizational goals and mission. One simple guideline that another agency follows is to ask their staff to treat the cost of travelling as if it were their own money. And in a non-profit environment, it essentially is. Mileage Reimbursement Mileage reimbursement will be calculated as follows:  Please note that the Legal Aid Society does reimburse staff for work-related mileage, but home-to-work and work-to-home mileage is not reimbursable.  Should an employee be required to travel for work-related reasons and that travel begins or ends at home, the normal home-to-work and work-to-home commute miles must be deducted from the rest of the mileage calculations prior to submitting the mileage reimbursement form.  Wherever possible, employees are strongly encouraged to carpool, consolidate travel/appointments and limit driving as much as possible. What this means in simple terms is that each of us needs to know what our regular home-to-work mileage is. For example, if that is 8 miles each way and I go from my home to the Children’s Services Council for a meeting and then come in to work, for a total of 21 miles, my reimbursable mileage is 21 - 8 = 13 miles. The same principle applies if I drive to a meeting and then go home. A copy of the “Mileage, Parking and Tolls” form is included in the appendix of this manual. 619 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 38 Ordering Check Requests This information applies to the following Legal Aid Society forms:  Check Request Regular Account Example: When requesting checks for witness fees, Elders on the Edge payments, Children’s Emergency Fund payments (these forms must include the client’s mailing address) out of state records requests, out of state sheriffs’ payments, etc.  Check Request Trust Account  Mileage Parking and Tolls Report Note: A mailing address is required for volunteers and interns only, not staff members. Copies of these forms are included in the appendix of this manual. Point 1: All check requests MUST include a mailing address for the check recipient/payee (an individual or a company). This address can be written in the space provided on the request form or can be listed on a copy of a subpoena attached to the check request. Check requests for Children’s Emergency Fund payments MUST include the client’s mailing address. If a check request is submitted without an address, the finance staff will return the check request to the staff member to complete prior to the check being issued. Point 2: If the Finance Department receives a check request and determines that they need additional information (i.e. Social Security number, Employer I.D. number) due to the amount or nature of the check, you will be asked to have the check recipient/payee complete a W-9 form for tax reporting purposes. Note: You will only need to do this if requested by the Finance Department. Updated check request (regular and trust accounts) and mileage forms can be found on the Intranet. IMPORTANT: Please remember that if you have ordered a check and do not end up needing it or if the individual does not merit it (i.e. the witness did not show up for court), the check must be returned to the Finance Department for voiding. If you are unable to secure the check for return to the Finance Department, please notify Finance Department staff so that they may void the check and issue a stop payment. 620 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 39 For those interested in “The Reason Why,” here it is: Point 1 Explanation: The Finance Department must account for every check issued. If a check has not been cashed by the recipient after a five year period, the finance department is required by law to turn the money over to the State of Florida’s Bureau of Unclaimed Property. For checks greater than $50, the Finance Department must show proof that they attempted to contact the payee and reissue the check, which requires a viable address. For checks less than $50, the Finance Department must return the money to the State of Florida with a mailing address for the payee included in the submission. Either way, we MUST have mailing addresses for all check request payees and for mileage reimbursements made to volunteers and interns. Point 2 Explanation: The IRS requires all organizations to collect W-9 forms from businesses and individuals to whom payments for goods and services of over $600 per year are made. This includes all payments made to attorneys, checks issued to cover clients’ rental payments, etc. The Finance Department then sends out 1099 forms to these individuals and companies so that they may accurately report income to the IRS. The W-9 form includes the individual or business’s address and either Social Security Number or Tax I.D. number. Ordering Client Files from Storage If you need to order client files from Vital Records Control, please follow the steps below: 1) Fill out all parts of the “Vital Records Control File Order” form found under the “General” section of the Intranet. A copy of this form is also included in the appendix of this manual. 2) If you do not have a copy of your project’s inventory, please consult the master inventory list found in the Facility Manager’s office. Remember that in accordance with our document retention policy, files are purged from Vital Records Control after seven (7) years. 3) Email the form to the Facilities Manager OR print it out and put it in his mailbox. 4) Files will be retrieved once a week on Thursdays. 621 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 40 Ordering Office Supplies If you need to order an office supply item that is not found in one of the supply closets, please follow the steps below: 1. Select your item from the Tylanders catalog. Copies of the catalog can be found in the Facilities Manager’s office and the supply closets on both sides. 2. Fill out all parts of the “Office Supply Order” form found under the “General” section of the Intranet. A copy of this form is also included in the appendix of this manual. 3. Email the form to the Facilities Manager OR print it out and put it in his mailbox. 4. Note: The Facilities Manager must get approval from the Director of Finance and Administration on all items that you order over $50. Ordering FDLE Criminal History Record Searches If you need an FDLE criminal history record search done for one of your cases, please follow the steps below: 1. Fill out all parts of the “FDLE Record Search” form found under the “General” section of the Intranet. A copy of this form is also included in the appendix of this manual. 2. Email the form to the Director of Finance and Administration OR print it out and put it in his mailbox. 3. The Director of Finance and Administration will email you the results of the record search within 24 to 48 hours. 622 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 41 Volunteer Welcoming Procedure To help us make our volunteers’ experience as smooth and as productive as possible, please carefully read through the following “Before, During and After” procedures so that we can all coordinate our efforts during their time with us. The term “volunteer” here applies to all interns, law students, social work interns, court- mandated community service volunteers, pro bono attorneys who work in the office, high school student volunteers, AARP workers, etc. BEFORE Your Volunteer Starts  As soon as you know the date that your volunteer will start, please fill out “Volunteer Request Form” and give it to the Administrative and Grants Coordinator. A copy of this form is on the Intranet and is also included in the appendix of this manual.  When you’re arranging a work schedule with your volunteer before they begin, please ask for the last four digits of their cell phone number so we can get their codes programmed in the doors before they start. Include it on the attached “Volunteer Request Form.”  While coordinating a schedule with your volunteer, please be clear with them that they are responsible for their own parking and that we do not have “visitor parking” and that if they park on the pavers (on the east or west sides of our building) or across the street, they will be booted and they will be responsible for paying the $65 to get unbooted.  If you intend for your volunteer to have direct unsupervised contact with a “vulnerable population” of clients (i.e. FCP, JAP, PGP, GAP, Elder Law, Ryan White and DVP clients), your volunteer must have a Level II background check completed and we must receive the results BEFORE your volunteer can have unsupervised contact with your clients or have access to confidential information pertaining to your clients. Please help us arrange for this as soon as you know when your volunteer will be starting.  If your volunteer will be doing work on LegalServer for you, please indicate this on the attached form. DURING Your Volunteer’s Time Here  On your volunteer’s first day, please bring them by the Executive Director’s office and the Director of Finance and Administration’s office to introduce them and take care of any administrative details (timesheets, volunteer certification forms, etc.). 623 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 42  There will be paperwork for your volunteer to fill out on the first day. Either stop by the Administrative and Grants Coordinator’s office for the paperwork or print it out ahead of time on the Intranet. All necessary forms located in the “HR” tab under the “Volunteer Info” box. Please bring all paperwork back to the Administrative and Grants Coordinator.  If your volunteer needs help logging on to one of the Verizon intern computers, please see the Administrative and Grants Coordinator. Keep in mind that during the summer months we typically have several law school interns, so available computers can be hard to come by. If your volunteer will be using their own personal PC laptop, please let us know ahead of time so that we can coordinate with the IT Department for remote desktop access. AFTER Your Volunteer Has Finished  Please email the Administrative and Grants Coordinator when your volunteer’s time has ended so that we can disable their network user account and email and take their key codes out of the doors. This is both for security purposes and so that we don’t have to keep paying for open computer accounts that aren’t being used.  If your Volunteer is a law student, please complete a law student intern evaluation form. This will help us recall their time with us if/when we receive Florida Bar (or other state bar) employment verification forms in the future. Please ask the Administrative and Grants Coordinator for one of these forms. 624 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 43 Appendices Exit Interview Questions 1. Why have you decided to leave the organization? 2. What does your new company offer that encouraged you to accept their offer and leave this company? 3. What do you value/like best about the organization? 4. What did you like least about the organization? 5. The quality of supervision is important to most people at work. How was your relationship with your supervisor? 6. What could your supervisor do to improve his or her management style and skill? 7. What are your views about management and leadership, in general, in the company? 8. What did you like most about your job? 9. What did you dislike about your job? What would you change about your job? 10. Do you feel you had the resources and support necessary to accomplish your job (HR/technical/training/leadership, etc.)? If not, what was missing? 11. We try to be an employee-oriented company in which employees experience positive morale and motivation. What is your experience of employee morale and motivation in the company? 12. Were your job responsibilities characterized correctly during the interview process and orientation? 13. Did you have clear goals and know what was expected of you in your job? 14. Did you receive adequate feedback about your performance day-to-day and in the performance development planning process? 15. Did you clearly understand and feel a part of the accomplishment of the company mission and goals? 16. What would you recommend to help us create a better workplace? 17. Do the policies and procedures of the company help to create a well- managed, consistent, and fair workplace in which expectations are clearly defined? 18. Do you have any recommendations regarding our compensation, benefits and other reward and recognition efforts? 19. Can you offer any other comments that will enable us to understand why you are leaving, how we can improve, and what we can do to become a better company? 625 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 44 Reference Check Form Applicant’s Name Date____________ Name/Title of official giving reference Telephone Number Organization 1. I understand that _______________ worked for you as a ______________. 2. What were the dates of employment? (Beginning) ____________ (Ending) ___________ 3. What were this individual’s responsibilities in order of importance? 4. How would you rate this individual’s quality and volume of work? 5. How would you describe the relationship between this individual and his/her co-workers? 6. What were this individual’s principal strengths and weaknesses with regard to his or her work? 7. How would you compare this individual’s performance to that of others with similar duties? 8. How would you describe this individual’s work habits (i.e., getting to work on time, observing office rules, completing assignments on time)? 9. How would you evaluate this individual’s attendance? 10. Was this individual disciplined or discharged from employment? If yes, for what reason(s)? 11. Other job-related question(s) 12. Would you rehire this person? If no, why not? Name/Position of Individual Checking Reference Project Date 626 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 45 Forms Examples 627 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 46 628 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 47 629 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 48 630 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 49 631 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 50 632 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 51 633 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 52 634 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 53 635 Legal Aid Society of Palm Beach County, Inc. Policies and Procedures Manual Revised June 2024 Page 54 636 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. FINANCIAL POLICIES APPROVED BY THE LEGAL AID SOCIETY BOARD OF DIRECTORS MAY 26, 2020 Last Revised March 2025 637 Contents 1. FISCAL YEAR ..............................................................................................................................................................2 2. AUDIT ...........................................................................................................................................................................2 3. BANKING .....................................................................................................................................................................2 4. REVENUE/ DEPOSITS ................................................................................................................................................3 5. MAIL .............................................................................................................................................................................3 6. PETTY CASH................................................................................................................................................................3 7. BUDGET .......................................................................................................................................................................4 8. ACCOUNTING METHODOLOGY .............................................................................................................................4 9. PROCUREMENT ..........................................................................................................................................................5 10. PURCHASING POLICY ...............................................................................................................................................5 11. BLANKET INVOICE APPROVAL ..............................................................................................................................6 12. EXPENDITURES ..........................................................................................................................................................8 13. COST ALLOCATION METHOD .................................................................................................................................9 14. FIXED ASSETS ............................................................................................................................................................9 15. INTERNET PURCHASES ............................................................................................................................................9 16. CREDIT CARDS ......................................................................................................................................................... 10 17. DEBIT CARDS............................................................................................................................................................ 12 18. CORPORATE CHARGE ACCOUNTS ...................................................................................................................... 12 19. OUTSTANDING CHECKS ........................................................................................................................................ 13 20. TRAVEL ...................................................................................................................................................................... 13 21. PAYROLL ................................................................................................................................................................... 14 22. STARTING PAY FOR EMPLOYEES ........................................................................................................................ 15 23. MERIT, BONUSES AND COST OF LIVING ADJUSTMENTS............................................................................... 15 24. LOANS TO BOARD MEMBERS OR STAFF MEMBERS ....................................................................................... 16 25. FINANCIAL REPORTING ......................................................................................................................................... 16 26. INVESTMENTS .......................................................................................................................................................... 17 27. RECORD MAINTENANCE AND RETENTION ....................................................................................................... 17 28. GRANT ACCOUNTING ............................................................................................................................................. 17 29. DISCLOSURE OF RECORDS .................................................................................................................................... 19 30. DISCLOSURE OF AGENCY 990 ANNUAL INFORMATION RETURNS ............................................................. 19 31. DONATIONS AND IN-KIND CONTRIBUTIONS ................................................................................................... 19 32. VOLUNTEER HOURS ............................................................................................................................................... 20 33. FUNDRAISING EVENTS .......................................................................................................................................... 20 34. FUNDRAISING DISCLOSURE POLICY .................................................................................................................. 20 35. FUNDRAISING ITEM INVENTORY ........................................................................................................................ 22 36. SYSTEM TO COLLECT AND RECORD GIFTS ...................................................................................................... 22 37. GIFT ACCEPTANCE POLICY .................................................................................................................................. 23 38. GIFT ACKNOWLEDGEMENT POLICY .................................................................................................................. 27 39. RAFFLES .................................................................................................................................................................... 31 638 1 POSITIONS/STAFF REFERENCED IN THE FINANCIAL POLICIES MANUAL  Executive Director – Robert Bertisch  Director of Administration and Finance – Michael Spillane  Chief Financial Officer – John Puleio  Comptoller – Shane Ramsaroop  Senior Accountant – Florence Roth  Staff Accountant – Waleed Michael  Fiscal Assistant – Robin D’Amato  Fiscal Assistant – Public Guardianship Project/Legal Aid Society – Laura Shay  Public Guardianship Project/Guardian Advocacy Project Supervising Attorney – Rena Taylor  Public Guardianship Project Financial Manager – Jessica Kelson  Director of Development – Dana K. Brookes  Development Associate – Michelle Gale 639 2 PURPOSE To ensure a timely organized system of checks and balances for maintaining accurate financial management by the Legal Aid Society of Palm Beach County (LAS). 1. FISCAL YEAR The fiscal year of the agency shall run October 1st through September 30th. The Chief Financial Officer will close out the fiscal year on the accounting system after all audits and internal adjustments are made. 2. AUDIT a) LAS will contract with an outside audit firm annually, coinciding with the agency’s fiscal year, to conduct an independent audit of the agency’s financial condition. b) A Single Audit will be completed if/when required by State/Federal regulations. c) The Chief Financial Officer will compile the items listed on the audit checklist for review by selected auditor, will act as the agency liaison with the auditors and provide on site assistance during the audit. d) Prior to the start of the annual audit, the Executive Director and the Director of Finance and Administration will disclose to the auditor any pending or threatened lawsuits, claims or assessments which may have an impact on the organization’s finances and/or operating effectiveness. If the circumstance arises during the year, the Executive Director and the Director of Finance and Administration will contact the auditor to apprise them of any pending or threatened lawsuits. e) The Executive Director and the Director of Finance and Administration will also disclose to the auditor any actual or perceived conflict of interest of any staff member or Board of Directors member that may include related party transactions (such as leases, contracts, loans or other written agreements). f) At the conclusion of the audit, the audit firm will make a formal presentation to the Audit Committee of the results and findings of their review. g) Presentation of the results and findings will be made to the full board, either by the Auditor or Treasurer who chairs the Finance Committee. 3. BANKING All banking relationships shall be approved by the Board and shall be selected based on having a 4 or 5 star rating (Bauer Financial), unless otherwise approved by the board. LAS has several accounts for specific purposes. Currently LAS maintains its Operating Account at Iberia Bank. 640 3 The Iberia Bank operating account is used for paying bills including salaries and expenses of the agency. All revenues, grants, restricted and unrestricted donations are received into the Iberia Bank Operating Account. The Operating Account is linked to an interest bearing Sweep account. LAS maintains a trust account with Iberia Bank which is used to hold client deposits. LAS maintains trust accounts with PNC bank for the Public Guardianship and Guardian Advocacy programs and their clients. These are used as operating accounts for the wards for whom LAS is the guardian. Iberia Wealth Advisors hold all investment balances. Bank statements are opened by the Director of Finance and Administration and shared electronically with the Finance Department Staff. All bank accounts are reconciled monthly. Reconciliation reports are signed and dated by the reconciler. The Chief Financial Officer reviews and signs all bank reconciliations. 4. REVENUE/ DEPOSITS a) All revenue, grant reimbursements and contributions are deposited into the Iberia Bank operating account. b) Checks (or cash) received are restrictively endorsed, recorded in a Cash Receipts Journal by the Fiscal Assistant and secured in a locked cabinet for deposit. c) The PGP Financial Manager prepares the bank deposits. Deposits are made daily. d) The Chief Financial Officer monitors the monthly cash flow and daily balances and informs the Director of Finance and Administration when funds are low. LAS maintains a $250,000 line of credit with Iberia Bank, funds can be transferred upon written request to Iberia Bank from the Executive Director. 5. MAIL a) The Administrative Assistant, or designee, picks up the mail at our mail box, distributes it to agency staff at appropriate sites, opens and distributes all administrative mail except where marked confidential. b) Invoices and requests for payment are given to the Fiscal Department for processing. c) Checks received are restrictively endorsed, recorded in a Cash Receipts Journal by a Bookkeeper and secured in a locked cabinet for deposit. d) The Administrative Assistant, or designee, is responsible for taking outgoing mail to the Post Office or postal drop box. 6. PETTY CASH a) An Agency Petty Cash fund, not to exceed $300 and a Public Guardianship Program Petty Cash Fund not to exceed $100, is maintained by the Senior Accountant for small incidental purchases and emergency client assistance. b) The Senior Accountant has the responsibility for management of the agency fund. 641 4 c) Funds are secured in a safe with access limited to Finance Department Staff. d) Cash given in advance of purchase is noted on a petty cash receipt form with amount, date, purpose and initials of receiver of funds. This form is replaced by the actual receipt. e) Receipt for the exact amount of expenditure is required, with purchaser's initials and purpose. A second initialer will verify receipt of goods. f) The funds are reconciled and replenished as needed. g) Petty Cash expenditures are recorded in the appropriate General Ledger expense account when replenishment check is issued. h) The Chief Financial Officer reviews disbursements accompanying the replenishment. i) The Director of Finance and Administration periodically performs an audit of the fund. 7. BUDGET a) The agency budget is prepared annually prior to the end of the fiscal year. The budget is prepared by the Chief Financial Officer and the Director of Finance and Administration and presented to the Executive Director. It is then submitted to the Finance Committee for review the month prior to each Fiscal year end. b) The Finance Committee reviews and approves the proposed budget and recommends it for approval to the full Board of Directors. c) The Board of Directors approves the annual budget. d) The agency budget is reviewed no less than semi-annually and amended to accommodate unexpected revenue or expenses related to new grants. e) The budget revision is presented to the Finance Committee, then to the full Board of Directors for approval. f) Financial planning for the fiscal year or the remaining part of any fiscal year will not deviate materially from the board approved budget, or board objectives. g) Grant budget applications and subsequent budget amendments will reflect the annual budget model. h) The Chief Financial Officer, Senior Accountant, and Staff Accountant prepare grant budgets and amendments that are reviewed by the Director of Finance and Administration and approved by the Executive Director. 8. ACCOUNTING METHODOLOGY LAS uses accrual basis of accounting and utilizes Abila MIP Fund Accounting (version 20.1.1.0) to record all transactions including revenues, expenses, fixed assets, accounts payable/receivable, accrued expenses and security deposits. Invoices are paid prior to their due date, and are recorded as payable only if they are a standard expense and have not yet been paid. Accrued salaries and vacation payable are set up only at fiscal year end. Expenses and revenues are allocated and coded to grants on Abila MIP Fund Accounting using program code, funding code, and other code features. Grant coding is 642 5 recorded in accordance with individual grant contract line item budgets. Expenses are allocated to cost centers according to the cost allocation method. 9. PROCUREMENT a) The Director of Finance and Administration or the Executive Director will review and authorize all requests for supplies, program materials and services outside of those cited in the Blanket Invoice Approval (p. 6-7). If over these amounts, supervisors shall submit requests for review and approval. b) Contracts for work or services for over $5,000 require a written proposal that must be provided prior to work being done or service performed. Contracts over $25,000 will be required to have written estimates from 3 separate vendors that will be reviewed by the Director of Finance and Administration and approved by the Executive Director, prior to the selection of the vendor and will require Board approval. c) Grant contract requirements will take precedence over LAS policies where stricter. d) Prior to work or service the Director of Finance and Administration shall request a copy of the contractor’s Liability and Workers Compensation insurance, as appropriate. e) Upon completion of work, the Director of Finance and Administration shall review the work and sign off that the job was completed prior to final payment. f) LAS will exercise the right to select a contractor based on experience variables other than cost, such as previous vendor status and ability to maintain confidentiality. g) The Executive Director, Board President or designated officer of the Board of Directors Executive Committee have authority to sign contracts. h) Expenses incurred by the Executive Director, other than those charged directly to the corporate credit card issued to the Executive Director, will be submitted to the Board of Director’s President or his/her designee for review and approval on a timely basis, not to exceed once per quarter. 10. PURCHASING POLICY LAS strives to maintain a balance between the cost effectiveness and the environmental impact of products and materials purchased for office use. When feasible, LAS will attempt to purchase products and materials made with recycled content. 643 6 11. BLANKET INVOICE APPROVAL Covering The Period of October 1, 2019 to September 30, 2021 Contract Payments: These include annual or multi-year contracts with a set monthly payment and predetermined terms for increases. Any increase from the originally approved amount other than the quarterly property tax payments must be reviewed and re-approved by the Executive Director or the Director of Finance. Linton Jog Associates, LTD. (Monthly Rent) $30,264.81 Linton Jog Associates, LTD (FCP Rent) $19,500.00 United Parking Systems (Extra Parking Cards) $2,968.00 Great America Fin Serv $1,300.62 Dex Imaging $1500.00 Dell Financial $115.00 Cit Technology Fin Serv, Inc. $500.00 Palm Tech $ 9,020.00 Pitney Bowes (Postage meter Quarterly rent) 1800.00 Recurring Payments - Fixed: These include various non contract fixed payments. Any increase of more than 5% from the originally approved amount must be reviewed and re-approved by the Executive Director or the Director of Finance. Life Storage (LAS and PGP storage facility-monthly) $425.00 American Express (Backup e-mail acct.) $30.00 American Express (Website Credit Card Protection fee) $100.00 U.S. Postmaster (monthly postage meter refill) $2,700.00 Relyant Standard (water unit rental LAS + FCP) $90.00 Recurring Payments - Variable: These are recurring variable monthly bills. They consist mostly of necessary general operating expenses with monthly ranges listed below.]Any increase of more than 5% from the maximum approved range must be reviewed and re-approved by the Executive Director or the Director of Finance. Florida Blue (Health Insurance) $65,000.00 - $ 72,000.00 The Guardian (Dental insurance) $6,000.00 - $7,000.00 Mutual of Omaha (Life/Disability Insurance) $7,500.00 - $8,600.00 Comcast (internet) $300.00 - $400.00 FCCI Insurance (Worker’s comp. and Employee Liability) $1,850.00 - $2,250.00 AT&T (Phone service) $1,150.00 - $1,950.00 Tylanders (Monthly Office Supplies) $200.00 - $1,400.00 FEDEX $150.00 - $315.00 MDH Graphics (Printing) $200.00 - $600.00 Level 3 Comm/TW Telecom (Telephone) $450.00 - $650.00 Verizon $850.00 - $1,150.00 Sprint $80.00 - $100.00 Standard Coffee Service Company, Inc. $150.00 - $425.00 Vital Records Control $400.00 - $1,200.00 Sam’s Club (Kitchen Supplies) $450.00 - $750.00 644 7 Payroll Driven Payments: These are payments that are generated by the payroll process. The approval of payroll itself serves as approval for these payments. ABA Retirement (401K contributions, match, loan repayments – must be distributed within 4 business days) $15,000.00 - $18,000.00 AFLAC (Payroll Deductions) $2,000.00 - $2,600.00 United Way (Payroll Deductions) $300.00 - $350.00 Massachusetts Mutual Life Insurance $350.00 In House Litigation Costs: These are basic costs associated with litigation and may include items such as transcripts, subpoenas, FDLE searches, witness fees, quadros, etc. The individual attorneys associated with the case can approve up to the maximum amount indicated below, per invoice. Anything over that has to be approved by the Executive Director or the Director of Finance. C.W. Services (subpoenas) $120.00 Landshark Process Services, Inc. (subpoenas) $240.00 Rock Legal Services (subpoenas) $180.00 Esquire Deposition Services (Depos, Transcripts) $150.00 Pleasanton Greenhill and Associates (Depos, Transcripts) $225.00 Tester Fees (Test costs, mileage, postage) $75.00 Court Reporting – various $225.00 FDLE (Searches) $25.00 Witness Fees $25.00 Vital Statistics (Records) $50.00 Department of Health (Records) $40.00 Professional Interpreters $85.00 - $100.00 per hour Clerk and Comptroller - (filing fees) $411.00 Sheriff Departments various - (service fees) $50.00 Other miscellaneous litigation costs to vendors $175.00 Pro Bono Department Litigation Costs: All Pro Bono Department litigation costs below $250.00 can be approved by the Pro Bono Coordinator. All costs over $250.00 must be approved by the Executive Director or the Director of Finance. Dues and Licenses: Annual attorney and paralegal dues do not need approval unless they are over the following amounts: The Florida Bar $300.00 Paralegal Association of Florida $100.00 PBCBA dues $250.00 Travel : All travel expenses which include mileage reimbursement, parking, tolls can be approved by supervisor up to the maximum amount listed below: Mileage Reimbursement $350.00 Parking $30.00 645 8 12. EXPENDITURES Expenditures are made for routine monthly services, emergency maintenance service, requests from departments or specific project oriented costs. a) The Fiscal Assistant will review requests for payment, ensure amounts are correct, properly, approved, tax-exempt status applied, and backup documentation attached. b) Payments are made on original invoices; if statements are received, original invoices/receipts will be attached. Faxed copies may be accepted for payment under certain circumstances if approved by the CHIEF FINANCIAL OFFICER. c) Recurring monthly invoices with a set monthly amount or that vary within a reasonable dollar value are pre-approved by the Executive Director or the Director of Finance and Administration. A Blanket Invoice Approval, a full listing of these invoices and the dollar amounts which has been approved and signed by the Executive Director, is updated, maintained and kept on file by the Fiscal Assistant. d) Other invoices not listed in the Blanket Invoice Approval (p. 6-7) must be authorized by the Executive Director or the Director of Finance and Administration. e) Agency expenses are allocated to cost centers according to the agency’s cost allocation method. f) The Chief Financial Officer reviews documents prepared by the Fiscal Assistant prior to issuing checks and assure payments are coded to appropriate expense, and grant when appropriate, in conjunction with agency and grant authorized budgets. g) The Fiscal Assistant will issue checks bi-weekly at a minimum. Agency checks are two voucher pre-numbered forms, the stock is kept in a locked, secured cabinet. h) Voided checks are mutilated by cutting out the signature section and a portion of the account number. Void checks are filed under Void Checks in the Accounts Payable vendor files. i) The check voucher, payment record, is stapled to the payment request and all backup. j) The Executive Director, the President, Vice Presidents and Treasurer of the Board of Directors, and four Department Supervisors chosen by the Executive Director also have signing authority. k) All checks over $2,000.00 require two authorized signatures. l) No checks are to be pre-signed. m) The Fiscal Assistant copies any check with backup documentation required by grant funders and prepares checks for mailing. Checks are taken to the Post Office by the Administrative Assistant. n) The Chief Financial Officer and Senior Accountant review general ledger coding and distributions on a monthly basis. o) Generally, expenditures greater than $1,500 whose purposes spans multiple periods shall be entered as a prepaid expense and allocations made based upon accounting principles. 646 9 13. COST ALLOCATION METHOD All expenses of the agency must be allocated to a Program cost center. a) When an expenditure is clearly identified as belonging to a specific cost center, expenses will be directly allocated to that cost center. b) Rent and other occupancy costs will be allocated based upon programmatic utilization. The methodology maintained by the Finance Department will be consistently applied and will take into account the programs’ use of available offices. c) For administrative costs and where expenditures cross cost centers, costs will be distributed to all revenue producing programs on the basis of the methodology maintained by the Finance Department. d) A review and adjustment of the distribution percentages will be made on a periodic basis. e) Whenever Grant Contracts have different allocation requirements, the allocation methodology included in the contract will take precedence. 14. FIXED ASSETS a) Purchase of an item for $2,500 or more with a life expectancy of one year or more shall be recorded as a fixed asset. All purchases not meeting the fixed asset requirement will be expensed in the month of purchase. b) In-kind contributions of equipment/furnishings meeting the recording standards above are recorded on the agencies books at the value stated by the donor, or comparable to like items where value is not available. c) The agency will dispose of fixed assets that are damaged or when functional capacity is obsolete. Efforts will be made to recycle materials appropriately and record the date of disposal. d) The agency will conduct an annual audit of fixed assets near the end of each fiscal year. Obsolete, abandoned, and/or disposed of assets not purchased by specific grant funds shall be recorded by the Chief Financial Officer and an annual list forwarded to the Director of Finance and Administration at the end of the fiscal year. e) Disposal of fixed assets purchased with grant funds will meet contract requirements for disposal where appropriate. f) The Executive Director will ensure that corporate assets are protected, adequately maintained and not unnecessarily at risk. 15. INTERNET PURCHASES Internet purchases may be made for products or services over the internet, including hotel reservations, airfare or car rental for travel. Generally, internet purchases should be made by Credit Card in accordance with the Organization’s Credit Card Use Policy below. 647 10 16. CREDIT CARDS Scope of this Policy This policy relates to the use of any and all bank cards, vendor charge cards and other credit cards issued by LAS to its employees (herein referred to collectively as "Charge Cards"). Charge Cards are to be used in conjunction with current vendor contracts, if any, and with specific LAS purchasing policies. Acceptable Uses, Limits and Procedures Charge Cards shall be used solely for official LAS business. Therefore, Charge Cards shall not be used for personal or private business purchases. Obtaining cash back from the Charge Cards is prohibited. Authorized use of Charge Cards shall be limited to the person whose name appears on the face of the Charge Card (hereinafter referred to as a "Card Holder") or a person who is specifically authorized by LAS Management to use the Card (also referred to as a "Card Holder"). Charge Cards shall not be loaned to other individuals. The following credit cards are held by the agency and are secured as follows:  American Express (4) – Membership Rewards – Executive Director, Director of Development, Director of Finance and Administration, Social Work Clinical Supervisor  American Express Vendor Card (1) - Director of Finance and Administration  PNC Visa Business Card (2) – Executive Director, Director of Finance and Administration  PNC Visa Business Card (5) – Public Guardianship Program (Rabin Armogan, Diane Charette, Patricia Maitner, Kathy Morakis, Rena Taylor)  PNC Visa Business Card (1) – Guardian Advocacy Program (Jessica Kelson)  PNC Visa Business Card (1) – Project DULCE (Deneisha Watson) Intentional misuse or fraudulent abuse of any Charge Card may result in disciplinary action, up to and including dismissal and/or criminal sanctions. In addition, the authorized Card Holder shall promptly reimburse LAS of any unacceptable purchases, including through the deduction of these charges from the employee’s salary and/or deferred benefits, i.e. vacation leave. Bank Charge Cards Bank sponsored cards such as Visa, Master Card, American Express, etc., shall be used for official LAS business only. Each employee receiving a card issued in their name or receiving a card to use shall be bound by the limits, policies, and procedures outlined in this policy. The LAS procedure for authorized employee purchases using an American Express Vendor Card is as follows: 648 11 a) Employee completes a “Credit Card Use Authorization Form” and obtains an authorization signature from the Executive Director or the Director of Finance and Administration b) Employee checks out a copy of the Charge Card from the Fiscal Assistant and signs the check-out log. c) Employee makes authorized purchase(s) on the Charge Card. d) Employee returns the copy of the Charge Card to the Fiscal Assistant with the original “Credit Card Use Authorization Form” and a receipt from the purchase(s). e) Employee signs the check-in log. Charge Card Limits PNC Visa Business Cards: Each individual issued a PNC Visa Business Card will have a $3,000 individual monthly limit which cannot be exceeded without pre-approval from the Executive Director or the Director of Finance and Administration. American Express Membership Rewards: Each individual issued an American Express Membership Rewards card will have a $5,000 monthly limit, with the exception of the purchase of items for annual fundraising events, which will be approved by the Legal Aid Society’s Board President or his/her board member designee. This policy does not apply to the American Express Vendor Card. Vendor Charge Cards LAS issued vendor credit cards, if any (e.g., Home Depot, Office Depot, etc.) issued to employees may only be used to purchase LAS related materials and supplies. In no event shall these Charge Cards be used to acquire personal items. Reward Cards In some instances, LAS may receive points from its vendors for business activity (e.g., AT&T provides such points for telephone use). Those points may be converted to reward cards in the form of Visa or Master Card charge cards with specified dollar amounts. These cards belong to LAS, and should be retained under the control of the Executive Director or Director of Finance and Administration. Liability for Payment LAS is liable for all authorized charges made by its employees using Charge Cards. The LAS Finance Department is responsible for processing all payments according to the terms of the contract with the bank or vendor issuing the card. In addition to disciplinary action, and possible ethical and criminal sanctions for misuse, individual Card Holders or Card Users, as applicable, are responsible for repayment of improper charges, and have personal liability for misuse. LAS does not accept liability for the unauthorized use of LAS Cards. 649 12 Auditing and Documentation LAS shall provide a copy of this policy to each employee receiving an LAS Charge Card as a Card Holder or Card User, and require the employee to acknowledge receipt and acceptance of the policy in writing. Individual Charge Card Holders are responsible for providing original receipts supporting all Charge Card purchases. If the original receipt is lost or not available, the individual must complete “Lost Receipt Form” which must be approved by Director of Finance and Administration. The Fiscal Assistant is responsible for reconciling the Charge Card accounts on a monthly basis assuring all purchases were approved and charges accurate. LAS shall retain such documentation in accordance with LAS Retention Policies. Documentation shall support the business purpose of all transactions made with its LAS Cards and shall be retained in the Charge Card vendor folder. For the PNC Visa Business Cards, after the PGP Bookkeeper prepares the monthly reconciliation, the PGP Bookkeeper will submit the Charge Card statement with the receipts for approval to the PGP/Guardian Advocacy Supervising Attorney and Fiscal and Grants Supervisor for review and approval. For the American Express Membership Rewards Charge Cards (held by Executive Director, Director of Development and Director of Finance and Administration), after the Fiscal Assistant prepares the monthly reconciliation, the Fiscal Assistant will submit the Charge Card statements with the receipts to the President of the Board of Directors or his/her board member designee for review and approval. Security LAS employees shall be responsible for safeguarding Charge Cards at all times. LAS shall ensure Charge Card account numbers are not posted or left in conspicuous places. A Card Holder shall also be responsible for immediately and properly reporting lost or stolen Charge Cards. All Charge Cards shall be returned to the Organization immediately upon request or upon termination of employment (including retirement). 17. DEBIT CARDS LAS prohibits the use of debit cards and therefore does not hold any. 18. CORPORATE CHARGE ACCOUNTS All procedures listed for Credit Cards apply to Corporate Charge Accounts. 650 13 19. OUTSTANDING CHECKS The following procedure will be followed in the process of identifying outstanding checks and resolving their status: a) The agency, during its normal monthly reconciliation process of its bank accounts, will identify any outstanding checks older than 6 months. b) The Chief Financial Officer will contact the agency employee who initially requested the expenditure to verify that payment was forwarded to the payee if applicable. c) The Chief Financial Officer will attempt to contact the payee via all possible means and:  Establish in writing the validity of the charge/payment;  Confirm in writing non receipt of payment;  Confirm in writing vendor information; d) If charge is not valid the agency will void check and reclaim funds. e) If charge is valid and payment was not received, agency will stop payment and reissue check per payee’s request. f) The Director of Finance and Administration will review the list of all outstanding checks at the end of every month. g) Agency will hold the unclaimed property for a period of five (5) years as allowed by the Florida Statute, at which point, if still unclaimed, agency will remit to the State of Florida as required. 20. TRAVEL LAS may request, require or approve travel locally, or out of area, for staff, members of the Board of Directors, volunteers and/or interns. Local Area Mileage a) Requests for local mileage reimbursement will be made on a mileage reimbursement request form and should be submitted monthly to the immediate supervisor for approval and signature. b) Mileage will be reimbursed at the rate of $ .45 per mile. Conferences/Out of area travel a) All travel for conferences must be pre-approved in writing at least one week prior to the date of travel or hotel/conference registration deadlines when earlier. b) A Travel Reimbursement Request form is to be completed, checking the box at the top for estimated costs. Include:  Traveler  Dates of travel, including departing time and expected time returning  Purpose of trip and destination 651 14  Costs for travel, registration, hotel and meals. LAS will not reimburse for meals included with room or conference. c) Request must be signed by the traveler and supervisor and include written agenda for conference or meeting supporting hotel, registration fee and dates. d) The current meal reimbursement rate is $42 per day ($10 Breakfast, $12 Lunch, and $20 Dinner). In certain circumstances where travel is to an area where meal costs are expected to be higher prior approval can be received from the Executive Director for meal per diems to be increased to the IRS suggested rate for the area. e) After completing travel, the traveler must complete a Travel Reimbursement Request form, checking the box at the top ‘Actual’ and provide receipts needed to support expenditures with the exception of meals. Meals do not require receipts and will be reimbursed on a per diem basis as long as they are not provided as part of the function. f) The Fiscal/Personnel Administrator will reconcile the estimated/actual forms and determine amount owed to employee or LAS. Travel Advances Travelers may request a cash advance for projected out of pocket costs. Requests must be received one week prior to travel and will be issued in check form. 21. PAYROLL Payroll processing LAS has contracted with a CBIZ payroll service to provide all payroll related services. The provider makes all payments to employees in accordance with direction from LAS. a) Time sheets, electronically submitted by the employee and electronically approved by the employee's supervisor, are submitted biweekly. The Fiscal Assistant reviews time sheets for approvals. b) The Fiscal Assistant makes any necessary employee changes into CBIZ’s payroll software. Any changes related to employee deductions, insurance, 401K and other approved deductions are made at this time. c) The Chief Financial Officer reviews preliminary payroll report and the supporting notes and written documentation for any changes made to payroll and the correct input of hours. d) The Chief Financial Officer reviews and approves the payroll, electronically submits the payroll for processing to CBIZ and provides a copy to Director of Finance and Administration e) Payroll reports are produced the following day and are reviewed for accuracy. f) Direct Deposit information is available to the staff through payentry.com website provided by CBIZ. g) The Finance Department creates, reviews and posts the payroll journal entry to the General Ledger. 652 15 Payroll Changes a) All benefit changes are made in accordance to the agency’s personnel policies and are recorded and kept on file in the finance and the employee files. b) Changes in Direct Deposit information will only be made upon signed authorization personally submitted by the employee. c) Employee raises are considered during the employee’s annual performance review conducted at the time of the employee’s anniversary date of hire, or date of promotion if employee changes position within the agency. d) Only the Executive Director can authorize staff payroll changes for merit raises or salary adjustments. Such changes are documented in writing and filed in the employee’s personnel file. e) The Executive Director receives a performance evaluation from the Board of Directors and any salary adjustment or raise must be authorized in writing by the Board and recorded in the Executive Director’s personnel file. Tax Reporting a) Form 1099 is prepared by the Chief Financial Officer for all independent contractors and filed with the IRS after review by the Director of Finance and Administration. b) Forms 941 and UTC-6 are completed and filed by the payroll service provider as provided through the contracted employer leasing agreement. LAS remits costs of required taxes and insurances with base salary payments and service fees through ACH payments each pay period. c) W2s are disbursed directly to employees from the payroll service provider. 22. STARTING PAY FOR EMPLOYEES a) New employees are typically offered a salary at the base end of the salary scale. If a candidate has exceptional qualifications and experience then the Executive Director has the discretion to offer a higher starting salary within the scale range and approved budget. b) The Executive Director shall prepare a welcome letter outlining the employee's classification, salary or hourly rate, and start date of employment. The letter must be signed by the employee and returned to the administrative office for their file. 23. MERIT, BONUSES AND COST OF LIVING ADJUSTMENTS a) The Executive Committee shall periodically review the established scale for merit raises and interface with the finance committee to ensure that the scale is considered when preparing the agency personnel budget. b) Merit Raises and bonuses shall be based on individual performance evaluations. c) The Executive Director shall review the performance evaluation and has the final decision making authority over the merit raise awarded. A written memorandum shall be prepared by the Executive Director outlining the employee's merit raise and 653 16 effective date. The Executive Director shall forward a copy of the memorandum to payroll for processing. d) Merit raises shall be effective on the employee's anniversary date, or date of promotion, as noted in the memorandum. A copy of the letter is retained in the employee file. e) The Executive Director (or Board of Directors if for the Executive Director) may consider awarding an employee a one-time bonus for exceptional work. This decision shall be based on the current agency budget and general reserve. f) The BOD shall complete the Executive Director's performance review and approve any merit raise. A letter or memo, signed by the Board President, will specify the amount of merit increase that is to be received and serve as documentation to process the raise. g) Cost of living raises will be given annually when funds allow and are approved by the Executive Director and The Board of Directors. Cost of Living raises will generally be given at the beginning of the fiscal year. 24. LOANS TO BOARD MEMBERS OR STAFF MEMBERS LAS does not permit loans to Board Members or Staff Members. 25. FINANCIAL REPORTING a) Review of accounting journals, general ledger, reconciliations, and reporting are performed on a monthly basis. b) The Chief Financial Officer and Senior Accountant review the monthly General Ledger and Income Statement to ensure that all entries are accurate and coded properly. c) The Chief Financial Officer and Senior Accountant prepare financial reports for the Executive Director and Director of Finance and Administration’s review. d) The Executive Director reviews the monthly financial reports that consist, at a minimum, of a report on budget and revenues/expenditures to date, balance sheet and profit and loss statement. e) The Executive Director will monitor expenditures so as to insure that the ongoing financial condition and activities of the agency does not cause or allow the development of fiscal jeopardy or material deviation of actual expenditures from established Board priorities. f) The Executive Director will present the financials for approval at the board meetings. All unusual expenses will be noted in the Director’s report. 654 17 26. INVESTMENTS Currently Iberia Wealth Advisors are managing the investment account. The Chief Financial Officer receives monthly statements and makes appropriate accounting entries for interest, dividends, fees and FMV adjustments. a) The Director of Finance and Administration and the Executive Director review the financials monthly and any unusual losses are brought to the attention of the Board. b) Any losses deemed significant by the Board will be reviewed by the Audit and Finance Committee with a representative from the Iberia Wealth Advisors to ensure any changes to the investment portfolio will be done on a timely basis. 27. RECORD MAINTENANCE AND RETENTION LAS will retain financial records in accordance with Internal Revenue Service guidelines, grant funding requirements and generally accepted accounting procedures. Current financial, personnel and program participant records are secured on site in locked cabinets and/or locked offices. Computer generated records are password protected and our servers are being backed with weekly full image backups, with daily incremental and near instant “Real-time” backups as files are changed. We currently keep backups both on site and in a hosted environment protecting us from disasters that would affect the local and regional area. Closed prior year records are boxed and moved to a secured offsite storage facility. The Executive Director and the Director of Finance and Administration have access control to the site. Stored boxes are labeled with contents. The agency retains all financial records, supporting documents, and grant statistical records for a period of seven years after completion of grant contracts and fiscal year ends. If an audit finding is not resolved at the end of the seven years, the records shall be retained until a resolution of the audit findings is complete. The agency will review need for destruction annually in September and schedule for destruction when storage space requires. This will generally be every three to four years at current rate of data collection. Final destruction of records is completed by a professional shredding company. 28. GRANT ACCOUNTING Contracts The Executive Director, Board President or designated officer of the Board of Directors Executive Committee have authority to sign contracts and contract/budget amendments. 655 18 Grant Budgets Grant budgets will be prepared according to the terms and objectives of the grantor. Match sources will be identified, when a match is required by grantor, during the budget preparation process. Federal funds may not be used as a match for other federal funds. Reimbursement Billings a) The Chief Financial Officer or designee shall code and initially track monthly grant expenditures assuring that invoices and checks billed to each grantor are eligible to expense under the grant contract. Invoices and checks are prepared to accompany the reimbursement request per contract requirements. b) The Chief Financial Officer, Senior Accountant and Staff Accountant will prepare monthly reimbursement billings in accordance with deadlines. c) The Director of Finance and Administration and the Executive Director reviews and signs all reimbursement requests d) The Finance Department shall maintain an audit paper trail for each grant and review monthly agency expenditures authorized under each grant. e) The Director of Finance and Administration will make recommendations on line item transfers and budget amendments. The Executive Director will approve all budget amendments. f) The Chief Financial Officer and Senior Accountant shall maintain grant reconciliation spreadsheets for all reimbursable grants, and review reconciliations on a regular basis. g) Any deferred revenue balance will be coded to Refundable Advances account on the General Ledger. h) A final report will be prepared at contract year end comparing final bill, year-to-date reconciliation and accounting system coding for the grant. Non-Reimbursable Grants The Chief Financial Officer and Senior Accountant shall keep reconciliation worksheets for all specifically allocated non-reimbursable grants to assure the expenditures are within grant guidelines and not duplicate billed. Any deferred revenue balance will be coded to Refundable Advances account on the General Ledger. Restricted Funds The Chief Financial Officer shall keep an accounting for all restricted funds and prepare year-end schedules. Program Reports a) The Finance Department staff shall compile data and prepare program reports within timeframe required by grantors or contributors. b) The Director of Finance and Administration will review data preparation and program reports. c) The Executive Director will review and sign program reports. 656 19 29. DISCLOSURE OF RECORDS Information maintained by LAS that is required to be made available to the public under applicable laws will be made available to the public in accord with all applicable laws. 30. DISCLOSURE OF AGENCY 990 ANNUAL INFORMATION RETURNS a) LAS will provide copies of the Agency 990 Annual Information Returns free of charge to State/County regulatory agencies where it is deemed necessary to process certifications or comply with regulations. b) LAS will provide copies of the Agency 990 Annual Information Returns free of charge to grant funders as part of the application, monitoring and/or audit process. c) LAS will comply with the IRS disclosure rules for all other requests in the following manner: d) Upon a written request that is made by mail, LAS’ Executive Director will notify the requesting party that the agency requires pre-payment for the copies before the report is released and will notify him or her of the costs. e) The agency will charge the following fees: 1) $1.00 for the first copy and 15cents for each subsequent page, and, 2) actual postage costs for the mailing. f) Once LAS receives payment the agency will mail a copy of the 990 within 30 days. g) If the request is made in person, the agency will provide a copy that day after receipt of appropriate fees. h) LAS will not comply with a request that is found to have been part of a campaign to harass the organization where compliance would not be deemed in the public interest and will notify the board of any such action i) LAS may disregard requests beyond the first two made within any 30-day period or the first four within any one- year period that come from the same person or same address and will notify the board of any such action 31. DONATIONS AND IN-KIND CONTRIBUTIONS a) In-kind contributions will be recorded with a donation receipt form. This form shall indicate the name and address of the contributor. Items donated will be listed and the donor is responsible for noting their fair market value. b) LAS will provide donors responding to fundraising events with the appropriate amount of their donation that is tax deductible when value is received in return for their gift. This amount will be clearly outlined in their letter of acknowledgement and on all marketing materials for the fundraising event. c) The Director of Development will maintain records of Donor contributions (cash or in-kind). In-kind donors receive a receipt at time of donation. Cash donors, and large or unusual in-kind donors, are sent an acknowledgement. d) Donated furniture or other items considered fixed assets are recorded on LAS’ books following the policy outlined in the Fixed Assets section. 657 20 32. VOLUNTEER HOURS a) All volunteers will record their hours on WebClock, a web-based time-keeping software system, for review and approval by their Program Supervisor. b) Program supervisors verify hours, sign time sheet and submit them monthly to the Fiscal Assistant. c) The Fiscal Assistant will keep these records for internal and grant reporting. 33. FUNDRAISING EVENTS a) The receipt of funds, when at an event site, will be by designated individuals who will be provided locked cash boxes and will be accountable for funds received. b) The Fiscal Staff will deposit all funds received from fundraisers or special events. c) A separate accounting of revenue and expenses will be maintained for each special event sponsored by LAS. d) The Director of Development will ensure that all fundraising materials, which include a solicitation for funds, comply with the IRS and Department of Agriculture Nonprofit regulations. e) Volunteers or business associates that partner with LAS on fundraising events may receive a letter of acknowledgement from LAS outlining that they are authorized to serve as LAS’ agent in soliciting in-kind goods, services or monetary donations for a fundraising event. f) The Director of Development will ensure that any bulk mailings adhere to nonprofit requirements in regards to not promoting an individual business in a mailing. LAS can acknowledge a corporate partner’s generosity and giving level. g) The Legal Aid Society will properly report all required information regarding the amount of funds raised, related fundraising expenses, and the use of outside professional fundraisers, if any, on the 990 as required. 34. FUNDRAISING DISCLOSURE POLICY a) The Legal Aid Society includes the following disclosures at the point of every solicitation: 1. The name of the charitable organization or sponsor and state of the principal place of business of the charitable organization or sponsor; 2. A description of the purpose or purposes for which the solicitation is being made; 3. Upon request, the name and either the address or telephone number of a representative to whom inquiries could be addressed; 4. Upon request, the amount of the contribution which may be deducted as a charitable contribution under federal income tax laws; 5. Upon request, the source from which a written financial statement may be obtained. 658 21 6. Requested financial statements will be disclosed for the immediate past fiscal year, and will be provided within 30 days after the request and will state the purpose for which funds are raised, the total amount of all contributions raised, the total costs and expenses incurred in raising contributions, the total amount of contributions dedicated to the stated purpose or disbursed for the stated purpose, and whether the services of another person or organization have been contracted to conduct solicitation activities. b) The Legal Aid Society of Palm Beach County will conspicuously display in capital letters the following statement on every printed solicitation, written confirmation, receipt, or reminder of a contribution: THE LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., IS A 501(c)(3) NOT FOR PROFIT, TAX EXEMPT ORGANIZATION. A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION OF THE LEGAL AID SOCIETY (CH187) MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES AT WWW.FLORIDACONSUMERHELP.COM OR BY CALLING TOLL-FREE 1-800-435-7352 WITHIN THE STATE OF FLORIDA. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL OR RECOMMENDATION BY THE STATE. LEGAL AID SOCIETY RECEIVES 100% OF EACH CONTRIBUTION WITH 0% GIVEN TO A PROFESSIONAL SOLICITOR. c) It is the policy of the Legal Aid Society to not enter into any contract or agreement with or employ a professional fundraising consultant solicitor unless that professional solicitor or fundraising consultant is registered with the department. d) It is the policy of the Legal Aid Society to conspicuously display the following information, in a form similar to that contained in Paragraph 2, on every printed solicitation, written confirmation, receipt or reminder of a contribution: 1. The organization’s or sponsor’s registration number issued by the department under this chapter. 2. The percentage, if any, of each contribution that is retained by any professional solicitor that has contracted with the organization or sponsor. 3. The percentage of each contribution that is received by the organization or sponsor. 4. Where solicitations consist of more than a single item, the Legal Aid Society shall display the statement prominently in the solicitation materials. 659 22 35. FUNDRAISING ITEM INVENTORY All items purchased or donated for LAS fundraising special events (Pro Bono Night silent auction, golf tournament, etc.) shall be recorded and tracked by Development Office staff for financial and audit purposes. The information gathered for purchased or donated items will contain the following: a) Date of purchase or donation b) Item description c) Whether the item was purchased or donated d) Purchase process (check, credit card, etc.) e) Price or Fair Market Value f) Name of purchaser g) Event name h) Final disposition (sold, unsold, purchased as supplies, etc.) i) If an item was purchased or donated for a silent auction, the item will be assigned an auction number and the final disposition recorded at the conclusion of the event. 36. SYSTEM TO COLLECT AND RECORD GIFTS All financial gifts, donations and contributions will be forwarded to the Development Department or Pro Bono Department based on the appropriate categories (e.g. Campaign for Equal Justice, Pro Bono Recognition Evening, Justice for All Event, Cup of Justice Golf Classic). A copy of the check or money order will be forwarded to the Development Associate who will enter the information into Donor Pro, Legal Aid’s donor management software system. The original of the check or money order will then be delivered to the agency’s Finance Department for deposit. Once the gift is entered into Donor Pro, a letter will be generated to the donor advising them of what portion of their donation is tax- deductible. A non-financial gift or donation (e.g. auction or raffle item) will be delivered to the Director of Development who will prepare the gift, its value and the name, address and phone number of the donor. This information will then be provided to the Special Events Coordinator who will log the information in Donor Pro and generate a thank you letter to the donor. Upon request, the Legal Aid Society will indicate to the donor the amount of the gift which is tax deductible on all fundraising materials (including invitations, pledge cards, acknowledgement letters and/or ads). 660 23 37. GIFT ACCEPTANCE POLICY The Legal Aid Society of Palm Beach County is a nonprofit 501(c)(3) corporation organized under the laws of the State of Florida. LAS encourages the solicitation and acceptance of gifts to the organization for purposes that will help LAS to fulfill its mission. The following policies and guidelines govern the acceptance of gifts made to LAS or to or for the benefit of any of its programs or affiliated entities. Purpose of Gift Policies and Guidelines The Board of Directors of LAS and its staff solicit current and deferred gifts from individuals, corporations, and foundations to help fulfill the mission of the organization. These policies and guidelines govern the acceptance of gifts by LAS and provide guidance to prospective donors and their advisors when making gifts to LAS. Use of Legal Counsel LAS will seek the advice of legal counsel in matters relating to acceptance of gifts when appropriate. The donor may bear the expense of legal counsel. Review by counsel is recommended for: 1. Certain gifts, such as closely held stock, or closely held stock subject to buy-sell agreements or other restrictions. 2. All transactions are governed by contracts or other legal documents. This would include gifts of real estate, bargain sales, trusts naming LAS as trustee, or documents obligating LAS to take action. 3. All transactions with potential conflicts of interest. This may include the use of Board members as sales agents in transactions, leases of gift property to staff or Board, etc. 4. Gifts of partial interest in property. 5. Administration of estates of which LAS is named as a beneficiary. 6. Other circumstances in which the staff or Board of Directors believe that use of counsel is appropriate. Potential donors will be advised to have their own legal counsel either to prepare or approve any legal agreements pertaining to any gifts. Definition of Gifts 1. A gift is a voluntary transfer of money or other assets to an organization from a donor, which can be an individual, a corporation, or a grant-making organization, such as a foundation. 2. No tangible benefit of any kind will be exchanged for the gift. 3. All gifts must meet the mission (per IRS) of LAS. 4. IRS rules stipulate that gifts of volunteer service cannot be considered a donation. 661 24 5. IRS rules stipulate the purchase of a raffle ticket does not constitute a gift. Neither does the purchase of an auction item unless a donor pays above the fair market value of an item and only the excess amount is a deduction. Example: A string of pearls valued at $5,000 purchased for $5,500, creates a deduction of $500. 6. To determine if the gift, the donor, and the donor’s intent are consistent with LAS’s values and beliefs and align with the mission, it may be reviewed by the Gift Acceptance Committee (GAC). 7. Pledges are accepted by LAS for larger gifts but may not exceed five years duration. Restriction on or Unacceptable Gifts LAS reserves the right to deny any gifts that are too restrictive in purpose to include: gifts that may be too difficult or costly to administer, or gifts that are for purposes inconsistent with or outside of the scope of the mission. In addition to and without limiting the generality of, the following gifts will not be accepted by LAS: 1. Gifts that violate any federal, state, or local statute or ordinance. 2. Gifts that contain unreasonable conditions (e.g., a lien or other encumbrance). 3. Gifts that are made on the condition that the proceeds will be spent by LAS for the personal benefit of a named individual. 4. Gifts that could expose LAS to liability. 5. Gifts that would result in LAS losing its status as a 501(c)(3) not for profit organization. 6. No gifts from foreign entities or their representatives will be accepted. The Executive Director shall have the independent authority to decline proposed cash gifts that are too restrictive in purpose. If the Executive Director deems it appropriate, in the alternative, such proposed gifts may be submitted to the Board of Directors for review in accordance with the terms of this policy. The Board will ultimately determine if the gift will be accepted. The primary consideration will be the impact of the gift on the organization. Types of Gifts In the course of its regular fundraising activities, LAS will accept donations of: 1. Cash: Cash gifts are accepted in the form of cash, check, money order, or wire transfers regardless of amount. The donor must be legally competent to make the gift to LAS. All checks should be made payable to LAS. The date of a check is the delivery date if it is presented in person, or the date postmarked if mailed. 2. Matching Gifts: LAS encourages donors to apply for matching gift funds from their employers, if applicable. Unless otherwise stated by the donor, the matching funds will be applied to the same fund as the donor’s direct gift if this meets the matching gift company’s policies. 662 25 3. Tangible Personal Property: Tangible personal property may be accepted if the property can be sold immediately or as soon as practical. Items accepted include jewelry, art, collections, and any other tangible personal property. If these gifts have a precondition, they will not be accepted. If the donor’s estimated value of the gift is $5000 or more, they must have a written appraisal by a qualified appraiser to satisfy Internal Revenue Service requirements. The expense of the appraisal will be borne by the donor. They must also complete IRS Form 8283 and LAS will complete IRS Form 8282. 4. Real Property: Real property may be accepted by LAS but is subject to review by the Board of Directors. Any donor restrictions must be stated in writing and kept on file prior to acceptance. Real estate that is accepted will be sold as soon as possible unless an exception is made by the Board. 5. Endowments: Endowment gifts can be made to LAS. Endowment funds are invested according to the investment policies established by LAS. A formal letter of agreement should be used to specify the name of the donor(s), the amount of the gift, and, if applicable, the name of the fund and the donor’s purpose. To establish a named fund for specific purposes, the fund must meet the minimum dollar requirement of $50,000 as established by LAS. Any naming opportunities or other recognition offered in exchange for endowment gifts will be provided when a gift agreement is signed and the gift is booked, not prior. 6. In-Kind Services: Gifts of professional services at no charge or at a discounted rate may be accepted by LAS (e.g., accounting, consulting, legal, architectural, etc.). However, these gifts must benefit LAS and not the donor performing the services. 7. Bequests: Bequests are made through a donor’s will. They can be made by specifying a specific dollar amount, a percentage of the total estate, or by designating a specific asset to revert to LAS upon the donor’s death. 8. Publicly Traded Securities: LAS can accept publicly traded securities. These securities are subject to review by the Board of Directors. All securities will generally be sold as they are received or as soon as possible. Publicly traded securities are valued based on the fair market value of the securities on the date of receipt. Publicly traded securities are valued, recorded, receipted, and acknowledged in accordance with IRS regulations. 9. Retirement Plans: A donor may name LAS as the beneficiary to their retirement plans. A retirement plan can be a 401(k) savings plan, Individual Retirement Account, or corporate profit-sharing plan. These plans will not be recorded as gifts until the donor’s death, retirement, and commencement of the plan to LAS or the gift becomes irrevocable. 10. Charitable Remainder Trusts (CRT): LAS may be named as a remainder beneficiary of a charitable remainder trust and will work with donors and their attorneys or financial professionals to structure such agreements. LAS reserves the right to accept or decline any trusts or planned gift. 663 26 Gift Acceptance Committee (GAC) The President of the Board of Directors will appoint an ad hoc committee of 3-5 people to act when a complex gift or large bequest is given to LAS. The Chief Financial Officer of Organization will be a standing member. 1. Members will be appointed by the Chair, and must include accounting representatives (Chief Financial Officer or equivalent), and two members of the Board of Directors. This Committee will review all gifts that exceed $150,000 and any types of gifts that pose questions. 2. The GAC is responsible for considering the donor's charitable intent, financial position, the effect of the gift on the donor's individual estate, potential heir disputes, and the donor's mental state. 3. If there is a concern over the ethical implications of a potential gift, regardless of its value, it will be referred to the GAC for discussion and review. LAS reserves the right to refuse a gift, or if necessary, return a gift. Other Considerations The following are additional best practices to which LAS adheres in accepting gifts: 1. LAS provides all donors with a gift receipt in accordance with IRS guidelines. 2. A donor may wish to remain anonymous. Every effort will be made to respect these wishes. The identity of an anonymous donor will be known to the Chair, Executive Director, Chief Financial Officer or equivalent, and Development Director or equivalent. Gift records are confidential and can only be divulged with the approval of the Chair or as otherwise required by applicable law. 3. The IRS requires gifts of more than $5,000 or 2% of the total gifts received by a tax-exempt organization to be disclosed on Form 990 Schedule B including the donor’s name. This schedule is not open to public disclosure, but the required information, including donor’s name, will be provided to the IRS. 4. LAS may require a Gift Agreement to be completed by the donor. Changes to Gift Acceptance Policies These policies and guidelines have been reviewed and approved by LAS Board of Directors. LAS Board of Directors must approve any amendments to these policies. Donor Bill of Rights The Organization adheres to the Donor Bill of Rights as created by the American Association of Fund Raising Counsel (AAFRC), Association for Healthcare Philanthropy (AHP), the Association of Fundraising Professionals (AFP), and the Council for Advancement and Support of Education (CASE). Philanthropy is based on voluntary action for the common good. It is a tradition of giving and sharing that is primary to the quality of life. To ensure that philanthropy merits the 664 27 respect and trust of the general public, and that donors and prospective donors can have full confidence in the nonprofit organizations and causes they are asked to support; we declare that all donors have these rights: 1. To be informed of the organization's mission, of the way the organization intends to use donated resources, and of its capacity to use donations effectively for their intended purposes. 2. To be informed of the identity of those serving on the organization's governing board, and to expect the board to exercise prudent judgment in its stewardship responsibilities. 3. To have access to the organization's most recent financial statements. 4. To be assured their gifts will be used for the purposes for which they were given. 5. To receive appropriate acknowledgement and recognition. 6. To be assured that information about their donation is handled with respect and with confidentiality to the extent provided by law. 7. To expect that all relationships with individuals representing organizations of interest to the donor will be professional in nature. 8. To be informed whether those seeking donations are volunteers, employees of the organization or hired solicitors. 9. To have the opportunity for their names to be deleted from mailing lists that an organization may intend to share. 10. To feel free to ask questions when making a donation and to receive prompt, truthful and forthright answers. 38. GIFT ACKNOWLEDGEMENT POLICY Donor Contribution, Receipt and Acknowledgement Procedures Both cash and in-kind donations are crucial to the operation of Legal Aid Society of Palm Beach County. For this reason, LAS wishes to follow the procedures in this document to appropriately acknowledge donors, and to provide donors with the appropriate tax documentation of their gift. These policies promote good donor relations and fulfill the obligations of LAS under the rules of the IRS and the Florida’s Secretary of State’s Office. Acceptance of Funds and In-Kind Services and Goods The Legal Aid Society’s Development Department serves as the central receiving, acknowledging, recording, and reporting unit for all gifts. Complete records are maintained in this department. When a LAS staff member receives a check, cash, or other currency, it is the responsibility of that staff member to transmit the funds to the Chief Financial Officer or other designated fiscal staff immediately and provide a copy of all gift documentation to the Development Associate. 665 28 Gifts of cash must be delivered in person to the Finance Department. At the time of delivery, a fiscal staff member will verify the cash amount with the deliverer and provide the Development Department with appropriate documentation to record the gift. Contributions of in-kind service or goods will be valuated through the completion of the LAS Contribution Form. (See Gift Acceptance Policy for considerations on acceptance of gifts to Legal Aid Society of Palm Beach County) Gift Receipt/Acknowledgement Gift acknowledgement for all donations made to LAS will be sent to the legal donor within 48 hours of receipt of the contribution. All acknowledgement letters will contain the following: 1. Tax-exempt status statement: Statement that LAS is a 501c3 tax-exempt organization to include EIN 2. Name of the organization and name of the donor 3. Date of the contribution: The date the donation was received. 4. FL Solicitation Statement: THE LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., IS A 501(c)(3) NOT FOR PROFIT, TAX EXEMPT ORGANIZATION. A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION OF THE LEGAL AID SOCIETY (CH187) MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES AT WWW.FLORIDACONSUMERHELP.COM OR BY CALLING TOLL-FREE 1- 800-435-7352 WITHIN THE STATE OF FLORIDA. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL OR RECOMMENDATION BY THE STATE. LEGAL AID SOCIETY RECEIVES 100% OF EACH CONTRIBUTION WITH 0% GIVEN TO A PROFESSIONAL SOLICITOR. 5. Contribution Details  For cash, checks, credit card, payroll deduction, wire transfers, etc.: the amount of the contribution that was received.  For gifts-in-kind: a description of the item or service; no valuation will be included in the receipt. IRS requirements for gift substantiation note that the donor has the responsibility for valuing gifts of items or services for tax deduction purposes.  For volunteer services in-kind: hours provided to the agency from a volunteer will be valuated for internal purposes at the rate of $25.98/HR. o (rate based on state mandate and is evaluated annually by Independent Sector. www.independantsector.com) 666 29  Good Faith Estimates of Value of Goods or Services: a statement that no goods or services were provided by the organization in exchange for the contribution, if that was the case. (see Special Events for other considerations) Acknowledgement letters are not provided for the donation of volunteer time regardless of the service performed, as this is not considered a deductible expense under IRS rules. Thank you letters and other volunteer recognition are always appropriate. Acknowledgement letters will be generated by the Advancement Manager at the time of recording the gift into the agency CRM. Acknowledgement letters for gifts will be submitted to the Director of Development or the Executive Director for original signature. The Executive Director will send handwritten thank you notes to donors above $2,000 and other gifts as the Director of Development and the Executive Director deem fit. In the event that the Executive Director is unavailable for an extended period of time, plans should be made to have the Director of Development sign acknowledgement letters, send handwritten thank you notes and make calls to donors as appropriate. Event-Related Donations and Sponsorships Gifts to support special events are charitable gifts as long as there is no arrangement or expectation that the person or company will receive any substantial benefit other than the use of the name or logo in connection with the activities being supported. Donor acknowledgement may not include any advertising of products or services (including messages containing qualitative or comparative language, price information, indications of savings or value, an endorsement, or an inducement to purchase, sell, or use such products or services). Events must also be in support of LAS’s mission. a) For event sponsorship contributions of more than $75.00, the acknowledgement letter shall contain written notice of the fair market value (FMV) of goods or services received and that only a portion of the donation that exceeds the fair market value is tax-deductible. A good faith estimate of FMV (entertainment, dinner service, etc.) will be determined by the Chief Financial Officer or fiscal designee. b) For items donated for a silent auction, acknowledgement letters should be mailed as soon as possible, although it is acceptable to mail the letter shortly after the event. Silent auction acknowledgement letters follow the same processes as other in-kind gifts. 667 30 c) The purchase of an item (silent auction, raffle tickets, etc.) that occur at a special event shall receive a receipt of purchase at the time of the transaction. The Director of Development will determine what steps, if any, are appropriate to thank the person (phone call, handwritten note). Content of Acknowledgement Letters for Cash and In-Kind Gifts a) General acknowledgement letters are changed to include up-to-date content no less often than annually. Wherever possible, the content of acknowledgement letters should be specific to the campaign or event that prompted the donation. Every effort is made to ensure that a donor does not receive the same thank you letter for multiple gifts. b) The Director of Development and Chief Financial Officer will periodically review the requirements for acknowledgement letters to ensure compliance with the IRS, FL Secretary of State’s office, and any other appropriate bodies. Letters include the following content: i. The amount of the cash donations and the date the donation was received. For end of year gifts made by check and received by mail, it is appropriate to use the post- mark as the date of receipt. If a donor provides a credit card number by mail, the receipt must indicate the date that the charge was processed, not the date of the postmark. ii. Printed Disclosure. – Every charitable organization or sponsor that is required to obtain a license under G.S. 131F-5 shall conspicuously display in type of a minimum size nine points, the following statement on every printed solicitation, written confirmation, receipt, or reminder of a contribution: THE LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., IS A 501(c)(3) NOT FOR PROFIT, TAX EXEMPT ORGANIZATION. A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION OF THE LEGAL AID SOCIETY (CH187) MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES AT WWW.FLORIDACONSUMERHELP.COM OR BY CALLING TOLL-FREE 1-800-435-7352 WITHIN THE STATE OF FLORIDA. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL OR RECOMMENDATION BY THE STATE. LEGAL AID SOCIETY RECEIVES 100% OF EACH CONTRIBUTION WITH 0% GIVEN TO A PROFESSIONAL SOLICITOR. iii. Either (a)statement that no goods or services were received in return for this gift or (b)if the gift was $75 or more, and the nonprofit did provide something in return of 668 31 more than insubstantial benefit in return for the gift, then letter will include a good faith estimate of the value of the good/services provided. IV. Letters state that the gift “may be up to 100% tax deductible” but do not provide tax information or advice to the donor. 39. RAFFLES The Legal Aid Society will ensure that all raffle tickets used for purposes of fundraising will include the statement “No purchase is necessary” and in all other ways will comply with the requirements of Florida Statues 849.0935. 669 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. DISASTER PREPAREDNESS AND BUSINESS CONTINUITY PLAN APPROVED BY THE LEGAL AID SOCIETY BOARD OF DIRECTORS JUNE 29, 2021 Last Revised July 2024 670 TABLE OF CONTENTS MISSION STATEMENT ........................................................................................ 1 INTRODUCTION .................................................................................................... 1 POLICY STATEMENT .......................................................................................... 1 AGENCY EMERGENCY INFORMATION ........................................................ 2 HOTLINE TELEPHONE NUMBERS .................................................................. 2 RELEVANT WEBSITES AND TELEPHONE NUMBERS ............................... 2 EMPLOYEE CONTACT LIST ............................................................................. 4 EMERGENCY RESPONSE TEAM [ERT] .......................................................... 5 EMERGENCY OR DISASTER RELATED CLOSING AND PAY POLICY19 EMERGENCY CONDITIONS PROCEDURES AND ACTION PLANS ...... 28 1. STORM AND HURRICANE PREPARATION ........................................................................... 28 2. FIRE DISASTER PREPARATION AND EVACUATION PLAN .............................................. 30 3. CHEMICAL, BIOLOGICAL, EXPLOSION, OR RADIOLOGICAL DISASTER PLAN .......... 32 4. BOMB THREAT GUIDELINES .................................................................................................. 33 5. WORKPLACE SAFETY............................................................................................................... 34 6. HANDLING SUSPICIOUS PARCELS OR LETTERS ............................................................... 38 7. THUNDERSTORMS, LIGHTNING AND TORNADO GUIDELINES ...................................... 40 8. EPIDEMICS—CORONA VIRUS (COVID-19) FLU PANDEMIC GUIDELINES ................... 42 9. DATA LOSS, DATA BREACH AND / OR DATA HIJACKING ............................................... 43 PARTIAL OR TOTAL DESTRUCTION OF BUILDING ............................... 45 EMPLOYEE RECEIPT OF DISASTER PLAN MANUAL ............................. 48 671 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 1 MISSION STATEMENT A management supported, cost-effective, and documented plan that provides agency-wide capability for organized preparation and timely recovery from a major unforeseen disruption. INTRODUCTION This document contains the process and activities required to be performed in the event a disaster should take place at Legal Aid Society of Palm Beach County (LASPBC). The information is intended to create awareness of the major subjects and items requiring attention in case of a disaster, and to prevent an operational outage in any area of the agency from having a significant impact on the critical operations of the agency as a whole. The Executive Director (or his designee), in coordination with the Emergency Response Team, will provide all instructions in order to insure maximum coordination. Depending on the severity of the event and the services available, directives (including declaration of the disaster, policies for preparing and recovering from the disaster issued before and after the disaster, will be communicated to the Unit Supervisors via fax, telephone, two-way radio, or through a general coordination meeting. In turn, each Unit Supervisor will convey directives and decisions to their respective staff. POLICY STATEMENT It shall be the policy of the Legal Aid Society of Palm Beach County, Inc. to provide a Disaster Preparedness, Recovery and Business Continuation Plan to protect the assets, records, information, well being, and safety of employees and to provide for the continuation of essential services to the organization and its clients. The major objectives of the Plan are to provide a program to achieve the following ends in the event of a disaster in our facilities:  To protect the employees of the Legal Aid Society from any further damage to their health and safety.  To continue operations in order to maintain essential client services, to continue support services, and to maintain the confidence of clients, employees, funding providers and vendors.  To provide for the re-establishment of critical operations within 48 to 72 hours of a declared disaster at the agency. Approved by: July 12, 2024 ______________________________ Robert Bertisch, Executive Director Date 672 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 2 AGENCY EMERGENCY INFORMATION HOTLINE TELEPHONE NUMBERS LASPBC’s Building Management ……John Hoecker; 561-366-8424; Cell- 561-685-0930 401 S. Dixie Highway, Ste.300, WPB., FL 33401 john@jupiterrealtycompany.com Agency information contact number & available resources………………………..211 https://www.211palmbeach.org/ Palm Beach County Fire/Police/Emergency Services……………………………………911 Florida Power and Light………………………………………………………...1-800-4outage Weather Links National Hurricane Center 305/229-4470………………………..http://www.nhc.noaa.gov/ RELEVANT WEBSITES AND TELEPHONE NUMBERS Federal Entities Federal Emergency Management Agency……………………………http://www.fema.gov/ FEMA- Guide to Citizen Preparedness……………………………………………………….. ………………………………https://www.fema.gov/media-library/assets/documents/7877 FEMA Disaster Information…………………………………………...800-621-FEMA/(3362) FEMA Helpline……………………………………………………………………800-525-0321 SBA Disaster Assistance……https://www.sba.gov/funding-programs/disaster-assistance Homeland Security guide to individual preparedness………………………www.ready.gov Small Business Administration (SBA)…………………………………..http://www.sba.gov/ Center for Disease Control…………................................................. https://www.cdc.gov/ Administration on Aging………………………………....202-619-0724; http://www.aoa.gov Pandemic – COVID-19/Corona Virus Flu – Business Planning Resources………………. http://www.pandemi cflu.gov https://www.cdc.gov/niosh/topics/emres/business.html https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/businesses- employers.html 673 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 3 RELEVANT WEBSITES AND TELEPHONE NUMBERS - Continued State Entities Florida Division of Emergency Management……………… http://www.floridadisaster.org/ FL Department of Financial Services…….800-342-2762; ………………………………………………………..https://www.myfloridacfo.com/division/ Florida Public Assistance…………………………………………….http://www.floridapa.org Florida Information – Disasters & Emergency Information……..http://www.myflorida.com Department of Children & Families Economic Services…………. www.dcf.state.fl.us/ess Attorney General Price Gouging Information Hotline………………………1-866-966-7226 Attorney General Website Florida Department of Transportation………1-866-374-FDOT(3368); www.dot.state.fl.us Department of Health & Human Services……………………………… http://www.hhs.gov Florida County Emergency Management Web Sites PBC Emergency Management (561) 712-6400……………………………………………… http://discover.pbcgov.org/publicsafety/dem/Pages/Preparedness.aspx Broward County Emergency Management……………………………………………………. http://www.broward.org/hurricane/Pages/Default.aspx Miami-Dade OEM Answer Center (305) 468-5900………………………………………….. https://www8.miamidade.gov/global/emergency/home.page Martin County Emergency Management………………………https://www.martin.fl.us/EM Okeechobee County Emergency Management…………………………………………….. https://www.co.okeechobee.fl.us/departments/public-safety/emergency-management St. Lucie County Emergency Management…………………………………………….. https://www.stlucieco.gov/departments-and-services/public-safety/disaster- preparedness Indian River County Emergency Management …………………………………………….. https://ircgov.com/emergencyservices/emergencymanagement/ 674 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 4 Local Relief Agencies 211…………………………………………………………https://www.211palmbeach.org/ American Red Cross Disaster Services 561/833-7711 (local)………...www.redcross.org American Red Cross – South Florida…………………………………………………………. https://www.redcross.org/local/florida/south-florida/about-us/locations/palm-beach- martin-county.html?CID=organic_gmb_listings Jewish Community Center of the Greater Palm Beaches………………….. 561-689-7700 Florida Rural Legal Services…………………………………………………………820-8902 Regional Contact List Margery Greulich, Executive Dir. – Heart of Florida LASPBC - 863- 519-5662; 863-519- 5674 EMPLOYEE CONTACT LIST See the Executive Director, Director of Finance and Administration, or department supervisors for current employee contact information. In order to protect employee confidentiality, this information shall only be shared on a strict need-to-know and/or emergency basis. 675 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 5 EMERGENCY RESPONSE TEAM [ERT] The primary responsibility of the Emergency Response Team (ERT) is to ensure the recovery and coordination of the various units within LASPBC following an emergency. The ERT will direct the activities required to recover and restore those agency/unit functions disrupted from a disaster in an expeditious manner. EMERGENCY RESPONSE TEAM and TASKS ASSIGNMENTS Name Position Extension Robert Bertisch Executive Director Ext. 247 Michael Spillane Director of Finance and Administration Ext. 249 Pattie Bremekamp Director of Human Resources Ext. 242 Vanessa Coe NLAP Attorney Ext. 219 Ross Baer Agency Attorney Ext. 246 676 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 6 TASK ASSIGNMENTS OF THE EMERGENCY RESPONSE TEAM Pre Disaster  Participate in ERT meeting and update Disaster Preparedness and Business Continuity Plan, as needed.  Contact the Courts and Administrative agencies regarding their functioning post disaster.  Update, revise, print, and distribute client consumer disaster flyers, June 1st or shortly thereafter.  Ensure that each member of the Emergency Response Team and each Public Guardianship Project staff member maintains and safeguards an off-site copy of the Disaster Preparedness and Business Continuity Plan which will be readily available to be consulted and implemented in the event of a natural disaster or emergency. Immediately Before Disaster Strikes  Monitors the development of the disaster.  Contact FLS to obtain a copy of the Presidential Declaration of Disaster and the names and contact information of federal and state disaster officials.  Immediately notifies the Unit Supervisors of the impending disaster by meeting, e-mail, fax, or voice mail.  Ensures that the agency is secured.  If travel or agency location conditions become (or are about to become) dangerous, suggest that the agency be closed and in conjunction with the Executive Director, release non-essential personnel. Post-Disaster  Provide necessary support to staff whose personal lives have been impacted.  Take steps to salvage office files and equipment.  Visit with Voluntary Agencies and Meet with local officials, as needed. 677 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 7  Assist, wherever needed, in the agency’s Business Continuity efforts.  Contact Florida Legal Services and the Florida Bar Foundation to give them a picture of disaster’s impact on program and clients. 678 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 8 INDIVIDUAL PREPARATION (Handout for All Employees) Individual Action steps are only to be taken when authorized by the Unit Supervisor. Upon notification of a disaster warning from the staff member’s unit supervisor or an ERT member, all LASPBC staff should attempt to accomplish the following on an individual basis: 1. Turn off (preferably disconnect) all electrical equipment including typewriters, computers, lights, microwaves, etc. Cover all electronic equipment in plastic, such as CPU’s, monitors, keyboards, telephones, etc. Do not unplug the telephones. 2. If practical, move desks, file cabinets and equipment away from windows and off the floor; store as much equipment as possible in closets or in windowless rooms away from external walls. Ensure that all client files, documents, personal property, are properly secured. 3. Make a list of all active cases, deadline dates, hearing dates. Provide a copy of calendar to Unit Supervisor and take a copy of the calendar home. 4. Properly clear desk tops completely of paper and other articles. Protect books and equipment by covering with plastic sheeting and using masking tape to secure. In locations where flooding is a possibility, to the extent practical, relocate critical equipment from the ground floor to a higher floor or a higher off-site location. Lock all file cabinets and desk drawers. Lock and secure all doors and windows. 5. LEGAL AID IS NOT A DESIGNATED OFFICIAL HURRICANE SHELTER. All employees are prohibited from seeking shelter in agency facilities. They should remain at home, stay with friends, or go to a public shelter. 6. Prior to leaving the office, notify your immediate supervisor whether you plan to evacuate or stay at home; provide an address, your cell phone number and any additional telephone number where you can be reached, if you evacuate. 7. Stay in close touch with authorities through radio and/or television for updates on the impending situation; all instructions given by the local authorities should be followed; no attempt to come to the office should be made until the "all clear" is given by local authorities and your supervisor. 8. After the storm, call 211 to determine the status of the agency and if possible, call your designated contact for your department. 679 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 9 Unit Supervisor Action – Once a Disaster Has Been Declared 1. Notify employees who report to you of impending disaster. 2. Provide to each staff member the "General Contact Telephone Numbers” for your Unit and an Agency-Wide General Contact List with evacuation locations, if relevant, and ensure that all information listed is current. 3. Ensure that all copiers, fax machines, printers, shredders are disconnected, and place plugs on top of the equipment. 4. Ensure that all electronic equipment listed above is moved away from the windows and covered with plastic bags or tarps. 5. Obtain from a list of all active cases, deadline dates, hearing dates, and calendar from attorneys and advocates. 6. Ensure that all important documents are stored safely in drawers or filing cabinets. 7. Ensure individual actions (outlined above) have been satisfactorily completed; assist everyone with vacating the facility as soon as possible and do a final walk- through of your area before leaving. 680 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 10 Unit Supervisor Action – Post Disaster 1. Stay in close touch with authorities through radio and/or television for updates on the impending situation; all instructions given by the local authorities should be followed; no attempt to come to the office should be made until the "all clear" is given by local authorities. 2. Contact the Executive Director with an update on status of employees who report to you and obtain information on the status of unit staff members who have reported to the Unit Supervisor or by other means. [Employee Status Report Attached]. 3. Contact 211 to determine the status of the agency if unsuccessful in communicating directly with the Executive Director or other member of the ERT. 4. Complete a Personnel Status Report for each employee and determine the degree of injury/damage to staff and their homes. 5. Designate predetermined essential unit staff members to report to work and perform critical tasks. 6. Maintain accurate records of staff work hours and provide original time sheets to the Accounting Unit weekly. Hourly-paid personnel are subject to the disaster plan overtime policy [see enclosed policy “Emergency Closing Policy on page 20]. 681 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 11 PERSONNEL STATUS REPORT Name________________________Title/Job__________Dept______________________ Individual and Family Status _______________________________________________________________________ _______________________________________________________________________ ________________________________________________________________________ Status of living quarters and motor vehicles________________________________ ________________________________________________________________ Access to alternate living quarters and transportation_________________________ ________________________________________________________________________ Supplies needed____________________________________________________ ________________________________________________________________________ _____ Visitation needed? (if so: when, where)_______________________________________ _____ Next contact (time, place, number)___________________________________________ ____ Identify critical assignments pending_________________________________________ _____ Assess ability to return to work and/or assist with the recovery efforts_______________ Reported by ____________________________ Date/Time________________________ Title/Job________________________________________________________________ 682 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 12 Computer/Information Administrator – Pre Disaster (Handout to Database Administrator) Back Up the Network/Server 1. The external hard disk drives used for backup are to be kept in designated storage areas. 2. The computer administrator is to hold a weekly full backup on the last work day of each week and must swap out the previous week’s hard disk drive with the one in their possession. 3. The computer administrator is to check and verify the integrity and success/failure of each backup process and identify problems. 4. The backup is to run each business day to ensure that all critical data is being backed up. 5. Tampering with the backup system is prohibited. 6. If the backup system repeatedly fails, please reboot the backup device and the File Server, when possible, to reset the backup system. 7. Immediately replace failed hard disk drives with new ones when failure is detected, or if you suspect the device is faulty. 8. If the computer systems are moved or unplugged for any reason, please be sure that the backup system is plugged back into a Universal Power Supply to ensure the smooth operation of the backup system. 9. In case of a hurricane, and or other planned disasters, the computer administrator is to bring the “current backup hard disk drive” located on his/her person for deposit in a safe location until the threat has passed. 10. The “current backup hard disk drive” is to be kept in a place designated by the computer administrator.  If LASPBC closes, the network and back-up system will be shut down completely.  Supervise staff members and Unit Managers with downloading files onto jump drives.  Ensure that the computer equipment is appropriately covered. 683 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 13 Tasks and Duties of Executive Director [Bob Bertisch] – Pre Disaster (Handout to Executive Director)  Identify staff, including point persons, to serve on Emergency Response Team (ERT).  Schedule meeting with ERT and prepare or update the Disaster Preparedness and Business Continuity Plan.  Schedule full staff meeting for presentation of the Disaster Preparedness and Business Continuity Plan, prior to June 1st of each year.  Participate, or designate participants, in the annual Florida Bar Foundation disaster training.  Participate, or designate ERT, to discuss collaboration or a cooperative agreement with the region’s legal services providers and the Young Lawyers Division of the Bar Association. Tasks and Duties of Executive Director – Immediately Before Disaster Strikes  Activate the Emergency Response Team.  Schedule full staff meeting for presentation of Disaster Plan and Business Continuity Plan.  Meet with and advise LASPBC staff members of the agency’s decision to close the office and implement the agency’s disaster payroll policy, if appropriate.  Distribute updated Employee Contact List and LASPBC’s Office Closing and Payroll Policy.  Ensure that the agency is safely secured. 684 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 14 Tasks and Duties of Director of Finance & Administration [Michael Spillane] Pre Disaster (Handout to Director of Finance and Administration)  Verify that the Emergency Contact List of Employees is current.  Maintain an updated listing of vendors & suppliers (and alternates) essential for the continuation of the agency’s critical activities.  Gather all of the agency’s insurance policies and agent contact information, including claims procedures.  Maintain a current inventory list of the agency’s personal property, including all documentation.  Verify that the contact information for the agency’s building management is current.  Maintain current photographs and/or a videotape of all of the agency’s equipment, furniture, and other personal property. Immediately Before Disaster Strikes  Ensure that electronic data, files, tapes or servers are properly backed up.  Ensure that agency’s computer equipment and hard files are secured.  Ensure that the “Go Box” includes pertinent agency documents, lists, policies, accounting statements, intake forms, retainer agreements, and other documents needed by the agency to continue providing essential services to the community. In addition, the “Go Box” should be checked quarterly to ensure it is as current as possible [See “Go Box” Checklist]. 685 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 15 The Evacuation “GO BOX” - Checklist The “Go Box” contains copies of important documents, equipment and supplies essential for Legal Aid Society of Palm Beach County, Inc. to continue to operate. It should be stored in a fire-proof secure container in an alternate location. “Go Box” Contents:  Emergency contact list of employees and key customers/clients  Copy of insurance policies, agent contact information  Copy of listing of emergency vendors (contractors, plumbers, electricians, restoration contractors, mold remediation, etc.)  Copy of listing of vendors & suppliers (and alternates) essential for mission critical activities  Back-up files/ tapes or server(s) of electronic data  Copy of essential policies, emergency procedures, Business Continuity Plans  Intake Forms a. Legal Aid Applications b. Information Release c. Retainer Agreements  Documentation requirements for a SBA disaster loan: a. Copy of 3 years tax returns b. Copy of Current Profit & Loss Statement (within 90 days) c. Copy of listing of aged accounts receivables/ payables  Copy of listing of inventory  Copy of schedule of liability  Copy of balance sheet 686 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 16 Preliminary Damage Assessment (Bring a completed copy with you to the post disaster meeting.) Building ___________________________________________________________ Examined By Date _______________ Category Condition Priority1 Primary Structure: Foundation Exterior Walls Roof Ancillary Structures Other Secondary Structure Interior Walls Floors & Carpet Ceiling Stairways Interior Doors Exterior Doors Windows Racks Other Elevators Heating & A/C Plumbing Electrical Communication Fire Alarms Security Systems Kitchen Coffee Maker Refrigerator Other 687 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 17 Electrical Equip Computers Printers Monitors Peripherals Copiers Calculators Other Communications Telephones Cellular Phones Two-way Radios Fax Machines Priority1: 1 = Critical, 2 = Important, 3 = Other 688 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 18 Preliminary Damage Assessment (Bring a completed copy with you to the post disaster meeting.) Building __________________________________________________________ Examined By Date __________ Category Condition Priority1 Communications(cont) Switchboard E-mail Other Supplies Paper Forms Other Furniture Chairs Desks Credenzas Tables Other Priority1: 1 = Critical, 2 = Important, 3 = Other 689 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 19 EMERGENCY OR DISASTER RELATED CLOSING AND PAY POLICY Under certain weather conditions or emergency situations i.e. power outages or flooding, the Legal Aid Society of Palm Beach County, Inc. (LASPBC) may have to close for partial or whole days. This policy addresses both how employees will be paid in these circumstances as well as what will be expected of employees if mobilized to respond to a natural disaster. Communication of Closing: Closings will be communicated to employees in any or all of the following ways: via face-to-face meetings, emails, the phone tree; or a pre-recorded message. If a pre-recorded message is utilized, the message will be updated daily giving information on whether or not employees should report to work or to an alternate location. Under these conditions, the Executive Director or designee will determine when the provisions of the Agency’s Disaster Preparedness and Recovery Plan are to be activated. Advance Planning and Preparing for Emergencies: The LASPBC strongly encourages all employees to have a personal disaster/evacuation plan in place in the event of an emergency such as a hurricane. This plan should include provisions for the care of children and or dependent adults and include back up care plans in the event schools or other facilities are closed. Employees are also strongly encouraged to purchase a landline and have it in their homes for their own protection. Remember, cordless phones will not work after a hurricane but the old fashioned stationary phones do. Pay Policies during Inclement Weather, Natural Disasters or Facility closing: Regarding the issue of paying employees for time spent out of the office due to any of the above reasons, the Agency follows the provisions of the Fair Labor Standards Act FLSA) which spells out how employees are to be paid at a minimum in accordance with the law. Please be aware however, that the Executive Director, in consultation with the Board of Directors, has the discretion to pay more than the law requires and will make that determination on a case-by-case basis and communicate the decision to all employees as appropriate. 690 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 20 Paying for whole day absences under the FLSA: If it is determined to close the office or to cease operations due to inclement weather or other emergencies prior to the start of the normal workday, the FLSA has determined the following (Note: employees who are not sure of their exemption status should consult with the Executive Director).  Non-exempt employees paid on a salaried basis (those paid on a fixed salary for a fixed number of hours), and non-exempt employees paid on an hourly basis, will NOT be paid for the days missed. If an employee has personal or annual leave available, this leave can be taken so employee will be paid for weather related closures.  Exempt employees, who are able to report to work but cannot because the facility is closed or there is nowhere to report, will be paid for day(s) the facility is closed. In addition, if an employee misses a full day because of personal auto or road damage due to the inclement weather and cannot get to their assigned work location, they will be paid.  If the agency or alternate work location is open and an Exempt employee cannot report to work due to family reasons, or loss of electricity at home and chooses not to report, they will not be paid unless they elect to take personal or annual leave time. Those employees who do not have any paid time off available will not be paid. As with any absence, it is the employees’ responsibility to inform his/her immediate supervisor, or any supervisor, or as a last resort, a fellow employee, as quickly as possible (if land line or cell phones are in service) if they are delayed or prevented from reporting to work.  Exempt employees do not have to be paid for any consecutive five-day period (i.e. workweek) in which they perform no work; therefore if the office is closed and/or no alternate work location is available for a full workweek due to storm or weather related issues, employees will receive no pay. Note: All Employees who are out of work for more than one full week due to storm related issues affecting their place of business may be eligible to apply for FEMA related unemployment compensation. 691 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 21 Partial Day Absences: Non-exempt salaried or hourly employees will only be paid for actual hours worked, however, as noted above, they may elect to take annual or personal leave to make up for the unpaid hours. For non-exempt employees, the lost time can be made up during the balance of the workweek in which the closing occurred, with supervisory pre-approval, provided that the employee does not work more than 40 hours in total for that week. Exempt employees who miss part of a workday will be paid as if they worked a complete day, however time missed will be charged to annual or personal leave. If an Exempt employee does not have any annual leave available, under the FLSA the employee’s pay will not be deducted for a partial day absence, however, a negative balance will be applied to their annual or personal leave accounts. Remember, at the discretion of the Executive Director and the Board, all employees, regardless of exemption status, may be paid for a full workday(s) when the office closes early or remains closed due to inclement weather. When communication is not possible due to inoperable landlines or cell phones: If employees cannot access the special agency phone line or contact their supervisors due to inclement weather, and the roads are dangerous or impassable to travel, employees are encouraged to stay home for their safety. Once communication has been re-established, employees will work with their supervisor to determine how missed days are to be handled within the above parameters. Employees should maintain documentation regarding unsuccessful communication attempts. 692 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 22 What if an employee does not want to report to their assigned work location after an emergency has been declared?  An employee may request annual leave or use of a personal day if available. It is up to his/her supervisor, or a member of their chain of command if the supervisor is not available, to approve or disprove the leave. If approved, the approver will ensure that information is communicated to the next level in the chain of command. As with any absence, it is the employees’ responsibility to inform his/her immediate supervisor, or any supervisor, or as a last resort, a fellow employee, as quickly as possible (if land line or cell phones are in service) if they want to request paid time off.  Employees who are not granted leave in advance or who do not request leave and do not report will be subject to the Agency’s progressive discipline policy. What if an employee cannot report because they are stranded out of the area after a storm? Employees are encouraged to take what precautions they believe to be in the best interests of their family. If that entails evacuating out of the area and they cannot return due to the aftermath of the storm, employees may request the use of annual leave as noted above. If they have no leave time available, and if they notify their supervisor in a timely manner regarding the circumstances of their absence, the absence may be considered excused, but unpaid. Taking Work Home During a Disaster: While the LASPBC appreciates employee dedication and commitment their work especially during disasters, the recommendation is that no work should be taken home during a disaster, especially if the information is of a proprietary or confidential nature. Should an employee’s home be damaged, Agency property may be compromised. Unless specifically instructed by the Executive Director, Unit Supervisor, or ERT member, to take materials out of the office for safekeeping during a disaster, employees should not remove materials during such conditions. 693 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 23 Issue of Overtime and Non-Exempt Employees during disaster relief efforts: Non-exempt employees may not work overtime (which is more than forty hours in a workweek at any time), and it is the supervisors’ responsibility to ensure this does not occur. During disaster relief efforts, being mindful of this is especially important. If a non-exempt employee inadvertently works overtime, LASPBC is responsible for paying the employee time and one half for any hours in excess of the above. If we permit employees to work overtime, we are obligated to pay them for this overtime under federal law. Because our grant budgets do not have the money to pay overtime, under no circumstances should non-exempt employees be assigned to work more than 40 hours. Workers Compensation during disaster efforts: Should an employee be hurt in the performance of disaster relief efforts, they are covered under the Agency’s Workers Compensation Policy. If employees are injured, they are to report it immediately. If the situation is a medical emergency, 911 should be called first. The health and safety of our employees is paramount, so please exercise caution and common sense in the aftermath of a storm.  Employees are encouraged to wear appropriate footwear and clothing when performing disaster relief work. In addition, the use of sunscreen gloves, back belts and other safety devices are strongly encouraged and will be provided as appropriate. When delivering relief supplies to individual homes or communities, under no circumstances should employees attempt this without having a buddy or team member with them.  If traffic lights are out and/or standing water remains on the roadways, employees are reminded to use extreme care and caution when driving in these conditions. Should an employee be out of work due to an injury sustained in Agency relief efforts, Workers Comp covers lost time wages. If appropriate, the Agency provided short-term disability may also apply. See Human Resources for additional details. 694 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 24 Disaster Plan – LASPBC Guardianship Program – Pre and Post Disaster (Handout for Program Supervisors) Pre-Disaster Tasks and Responsibilities of Managing Attorney  Prior to April 1st of each calendar year, ensure that the facility in which the ward resides has legally appropriate disaster and/or evacuation plans in place for the wards. Such documentation should be kept up to date in the Wellsky system.  Obtain an Order to Involuntarily Evacuate Ward from the Administrative Probate Judge, in order to allow the agency personnel to call the police to facilitate evacuation of a ward who refuse to leave their homes in an emergency situation.  Make sure that adequate hurricane supplies are in stock for the wards, who reside in the community, before June 1st of each year and store the supplies in a locked room within the agency.  Maintain an inventory list of hurricane supplies and distribute to the Director of Finance and Administration [Michael Spillane].  In the event of a disaster, ensure that unit staff members obtain the status of the wards living in the community.  Require case managers to continually monitor and report to the managing attorney on the ward’s status; especially those wards living in the community. This will be done by telephone.  Hold a mandatory unit meeting to determine that all wards are accounted for. If it is determined that a ward is in critical need of supplies or assistance, the responsible staff member could be asked to assist the ward. 695 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 25  If a mandatory meeting is scheduled and an employee is unwilling to attend (unless other exigent circumstances), a vacation day will be forfeited. Tasks and Responsibilities of Social Workers/Supervisor and/or Designee:  If the ward must be moved, delegate a staff member to locate an appropriate facility to provide for the ward.  Make transportation arrangements where applicable, as soon as the authorities permit evacuation.  Make arrangements for medication and/or special accommodations, where applicable.  Follow up with the ward, to the extent permitted by conditions and the responsible authorities.  Verify that Emergency Contact List for Agency Personnel is updated and distributed to unit staff members.  Verify that the contact information for all insurance policies are updated, including policy numbers.  Update vendor list  Update inventory list of agency’s personal property, which is in the possession of the program’s wards; including the date of purchase and maintenance contract information. Provide a copy of the inventory to Michael Spillane.  Update and verify the Ward Contact Lists in the Wellsky system, including contact information for family members; nursing homes; ACLF, and relevant provider information.  Take any physical calendar/appointment book home.  Clear desktops completely of valuable papers and other articles and place into a desk drawer or file cabinet and lock file cabinets. 696 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 26  Turn off all electronic equipment in plastic, such as CPU’s, monitors, keyboards, telephone, etc. Do not unplug the telephone. Turn off lights and shut doors.  Remove all electronic equipment off the floor and cover them in plastic; such as CPU’s and surge protectors. Disaster Plan – LASPBC Guardianship Program – Post-Disaster Once the disaster has passed, efforts will be made to return the wards to their pre- disaster residential settings, if possible. If this is not possible, other alternatives will be pursued with particular emphasis given to wards that endured any traumatic experience. Succession of Public Guardian  The position of Public Guardian is currently held by Robert A. Bertisch, Esquire, as the Executive Director of the Legal Aid Society of Palm Beach County, Inc.  Pursuant to Florida Statute 744.2007(9), if the position of the public guardian becomes vacant, subordinate personnel employed by the Legal Aid Society’s Public Guardianship Program shall continue to act on behalf of the wards as if the position of public guardian were filled.  If for any reason Robert A. Bertisch shall leave his employment or become unable to perform his duties as public guardian, then Guardianship Program Manager Jessica Kelson shall assume the duties of the public guardian. Ms. Kelson shall serve as the public guardian pending the qualification of the new Executive Director of the Legal Aid Society of Palm Beach County, Inc., as a 697 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 27 registered professional guardian as approved by the Office of Public and Professional Guardians.  The public guardian or staff shall immediately notify the Probate Court with oversight over any active guardianship cases and the Office of Public and Professional Guardians of any change in succession of the public guardian. 698 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 28 EMERGENCY CONDITIONS PROCEDURES AND ACTION PLANS 1. STORM AND HURRICANE PREPARATION HURRICANE SEASON IS JUNE 1 - NOVEMBER 30 Tropical storm development is constantly monitored by the Executive Director and the Emergency Response Team during the Atlantic Hurricane Season. The Emergency Response Team is immediately notified if there is any indication of a storm tracking toward the South Florida area. At the beginning of the Atlantic hurricane season each individual unit should review unit level preparation plans. Whenever a hurricane is within a 1,000 mile radius of South Florida; meetings of the Emergency Response Team will be held. ACTION STEPS – TROPICAL STORM/HURRICANE Alert (Storm Strike 72 – 36 hours away) 1. Emergency Response Team meets as needed and monitors the situation (meetings may be conducted by telephone). Watch (Storm Strike 36 – 24 hours away) 1. Emergency Response Team meets as needed and monitors the situation (meetings may be conducted by telephone). 2. Administration secures the agency. Warning (Storm Strike 24 – 0 hours away) 1. Emergency Response Team meets as needed and monitors the situation continually. 2. Individual agency departments are informed of the situation by meeting, e-mail, fax, or voice. 3. The ERT ensures that the Unit and Individual Plans have been activated, and to secure the agency. 4. If travel or agency location conditions become (or are about to become) dangerous: a) Agency may be closed. b) Non-essential personnel may be released. 699 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 29 Hurricane and Tropical Storm Preparation Major Steps Guidelines (times approximate) No No No Category 3, 4, 5 Major Hurricane Yes Yes Yes Hours Before Landfall 72 48 24 0 Expected Wind Speed EWS >38mph Tropical Storm EWS<73mp h Category #1 Hurricane EWS<95m Category #2Hurricane EWS<110mp h Emergency Response Team meets as needed Emergency Response Team meets as needed Emergency Response Team meets as needed Emergency Response Team meets as needed *Emergency Response Team meets as needed *Agency contents may be secured *Emergency Response Team meets as needed *Agency contents may be secured EWS >38mph *Emergency Response Team meets as needed *Agency contents will be secured EWS >38mph Emergency Response Team meets as needed *Agency may be closed *Non-essential personnel may be released *Emergency Response Plan activated *Agency is closed *Non-essential personnel is released *Emergency Response Plan activated *Agency is closed *Non-essential personnel is released *Agency is closed *Non-essential personnel is released 700 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 30 OTHER DISASTER PREPARATION AND RESPONSE STEPS 2. FIRE DISASTER PREPARATION AND EVACUATION PLAN General Information The Director of Administration and Finance [Michael Spillane], in coordination with the Emergency Response Team will conduct an annual review of fire emergency plans with the Unit Supervisors and staff by April 30 and forward any changes to the Executive Director. The Executive Director and the ERT must be notified of every fire, regardless of size, even if it is already extinguished. An alarm bell or horn will automatically put evacuation procedures into effect. Fire Preparation – Duties of the Director of Administration and Finance  Maintain all fire extinguishers in a fully charged condition and have them inspected annually.  The five fire alarm pull stations are located in the following places: 1) First Floor: By each exit door 2) Second Floor: By each stairwell door (two main hallway and FCP stairwells)  Instruct agency staff at time of hire and annually thereafter in: a) Fire reporting. b) Evacuation procedures. c) Location and operation of portable fire extinguisher. d) Dangers in fighting small fires. e) Procedures if exit is blocked.  Maintain back-up computer data and copies of difficult-to-replace information in fireproof safe or other secure location.  Maintain employee phone and address list.  Conduct a supervised fire drill annually. 701 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 31  Discuss any special arrangements for handicapped evacuation. Fire Emergency Activities  An announcement over the telephone paging system will be made directing the staff, clients and visitors to evacuate the building.  If no announcement is heard, and the alarm continues for more than one (1) minute, staff, clients and visitors are instructed to evacuate the building via the nearest safe stairwell and to not use elevators.  Protect the safety of staff, and clients. Make sure handicapped individuals are assisted out of the building and to the pre-designated outside assembly area.  Notify Fire Department with pertinent information and activate fire alarm pull station.  Notify immediate supervisor, or any available manager and Executive Director.  Staff will be directed to assemble at pre-designated outside assembly area.  Unit supervisors will conduct a roll call to accurately account for their staff, and will immediately report anyone missing to emergency personnel.  Reentry into the building will not be allowed until cleared by authorities at the scene.  If possible, the Director of Finance and Administration will safely secure all valuable records.  All doors and windows surrounding the fire area should be kept closed in order to contain the fire. Salvage and Restoration  The Director of Finance and Administration and his designee are responsible for securing the Legal Aid offices and its property from further damage or loss. Arrange for temporary protection such as boarding up windows, rigging 702 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 32 tarpaulin, and so forth.  Arrange security if needed to prevent looting or vandalism.  The Executive Director or his designee will instruct staff not to throw away any damaged material. This does not prohibit the agency from removing burned or damaged material to the outside of the building. All damaged material will be kept in a specially designated area for insurance claim purposes.  All records of authorized expenditures must be maintained and forwarded to the Director of Finance and Administration. 3. CHEMICAL, BIOLOGICAL, EXPLOSION, OR RADIOLOGICAL DISASTER PLAN I. Response to an event outside of the building  If the agency becomes aware of an external hazard, such as an overturned tanker releasing chemicals, staff, clients and visitors will be instructed to remain inside the building until further instruction.  Exterior doors and windows should remain closed.  Staff, clients and visitors will not be permitted to use elevators, and should seek shelter in an interior room without windows.  All doors should be closed and the area secured from smoke, gases, vapors, and dust. If possible wet towels should be used to seal large gaps under doors.  Staff will be instructed to provide assistance to others who may need help.  Staff will be instructed to remain alert and be prepared to proceed to another area or exit the building if instructed to do so by the appropriate authorities. II. Response to an event inside of the building  If the agency becomes aware of an internal hazard, staff clients and visitors will be instructed by someone, via the telephone paging system, to immediately evacuate the building and to not use elevators.  If no announcement is heard, and the fire alarm continues for more than one (1) minute, staff, clients and visitors should evacuate the building and will not be permitted to use elevators. 703 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 33  Staff will be instructed to turn off all electrical equipment except lights, and close all doors and windows (offices should not be locked unless there is something highly sensitive, i.e., large amounts of cash, etc.).  Staff, clients and visitors should exit via the nearest safe stairwell and proceed to predetermined outside assembly area.  Each unit supervisor is responsible for reporting anyone missing to emergency personnel. IF TRAPPED  Staff is instructed to secure their area from smoke, gases, vapors, and dust and to close all doors, and use any available means to seal large gaps under doors. Staff should not open any windows or break glass.  Staff should attract attention and call 911, or call anyone. 4. BOMB THREAT GUIDELINES  In the event a threat is received during normal business hours, the staff is instructed to notify the Executive Director, Supervisor, or the Director of Finance and Administration and evacuate immediately.  If a threat is received during non-business hours notify the Executive Director, Supervisor or Director of Finance and Administration immediately, but it will be the responsibility of each employee to evacuate if necessary. Employee Action  Remember and record (in writing) all details of the conversation and the following information concerning the caller:  Whether the person has a foreign accent or not.  Gender of the caller.  Any innuendoes as to location of the bomb.  Respond in a matter-of-fact manner and ask them to repeat what they said.  Immediately report the incident to your supervisor.  If a suspicious object is found, do not touch it. Report it to the Executive Director and the Director of Administration and Finance, and clear the area. 704 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 34 Action Steps  Immediately report the incident to the Executive Director or the Director of Finance and Administration. They will contact other departments and units (i.e., bomb squad, emergency services, etc.). Director of Administration and Finance will:  Start building evacuation, and ensure that staff, clients and visitors are instructed to meet at the pre-designated outside assembly area.  Protect official records and files if possible.  Arrange to have members of staff or qualified personnel available to accompany emergency services on inspection.  Keep a running log of conditions as they occur. 5. WORKPLACE SAFETY The Legal Aid Society is committed to the safety and security of its employees, clients and others having business at its offices. In so far as it can reasonably do so within available resources, the Legal Aid Society seeks to foster a safe and secure environment for working and conducting business. “Workplace violence” means any behavior that a reasonable person would interpret as aggressive, threatening or intimidating, and any related conduct that unreasonably disrupts another’s work performance or the organization’s ability to execute its mission. Workplace violence can occur on Legal Aid Society premises, or off- premises involving Legal Aid Society staff. It can occur in the form of:  Violence or threatened violence by employees or former employees  Violence or threatened violence by personal relations or acquaintances of employees  Violence or threatened violence by clients or others visiting Legal Aid Society offices or other agency’s offices in the building If you find yourself in a dangerous or potentially dangerous situation, please assess the severity of the situation and do what is necessary to protect yourself, our staff and our clients. Every situation will be different. Below are some suggested procedures for various scenarios. In some cases, it will be necessary to evacuate the building or to go into lockdown. In all potentially violent situations, notify the Executive Director and the Director of Finance and Administration immediately. 705 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 35 Procedures for evacuation and lockdown follow. I. Dangerous Client (not-escalated) If you find yourself with a client who is seems like he/she might become dangerous, you can follow these steps: a. Ask the client to leave. Make an appointment to continue the conversation by phone. b. If the client does not leave, let him/her know you are contacting the police. c. Call the non-emergency dispatch number for the West Palm Beach Police Department at (561) 822-1900. d. Explain the situation to the police dispatch. Include information about the immediacy of the situation. e. If you have to arrange for a meeting with a client who you believe may be dangerous, make sure other staff are available at that time. Keep it brief. Do not invite the client back to your office. II. Dangerous Client (Escalated) If a client becomes dangerous, you can follow these steps: a. Call 9-1-1. Be as specific as possible. b. If the client could be dangerous to other staff in the building, follow the lockdown procedures. III. Aggravator Who Takes Off If a dangerous or threatening client takes off before the police arrive, you can follow these steps: a. Notify the police, if you haven't already. Use the non-emergency dispatch number for the West Palm Beach Police Department at (561) 822-1900. b. When the police arrive (or by phone) describe what the client was wearing and where he/she took off to. Give as much information as you have. The person who met with the client should be the one to talk to the police. IV. Armed Client (Including Hostage Situation) If an armed client enters the building, you can follow these steps: a. Protect yourself from the client first. b. Notify staff to go into lockdown or to evacuate (depending on the severity of the situation) 706 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 36 c. Call 9-1-1. Be as descriptive as possible. Stay on the line as long as you need to. d. If there is a hostage, a designee of the Executive Director will work with the police. V. Threat to Personal Safety If a client ever threatens your personal safety, a. Immediately notify your direct supervisor and the Executive Director. b. Your supervisor and the Executive Director will evaluate the situation and call the police if necessary. c. Your supervisor should contact the client in writing to notify him/her that the case is being closed. VI. Notify intake staff with a description of the client and notify them that he/she is no longer allowed to receive services from the Legal Aid Society. VII. Contacting Emergency Personnel In any situation, use your best judgment and if it appears necessary, please immediately call emergency personnel at 9-1-1. Give the emergency personnel as much information as possible, including:  Caller's Name  Location  Phone Number  Nature of emergency  Where the staff is evacuating to and how to reach someone VIII. Identifying Individuals  Race  Sex  Height  Weight  Age  Hair color  Eyes  Glasses  Facial Hair  Disposition  Verbal Statements  Clothing Description  Hat  Pants  Shoes  Shirt  Gloves  Coat 707 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 37 IX. Identifying Vehicles (CYMBAL)  Color  Year  Make  Body Style  And  License Plate All staff members shall refrain from acts of workplace violence. All staff members shall immediately report any workplace violence, whether they witness it themselves or learn of it indirectly. No staff member is exempted from the duty to comply with this policy. The Legal Aid Society may exclude an individual from its premises for an act of workplace violence, or pending investigation of such an act. In addition, a court order may be obtained excluding such individual from Legal Aid Society premises. Workplace violence committed by a client or prospective client may be a basis for terminating or denying representation, consistent with the Rules of Professional Responsibility. The Legal Aid Society will not tolerate retaliatory action of any kind against an employee for making a report under this policy. Employees are encouraged to report situations that occur outside the workplace which may affect workplace safety. Where an employee obtains a protection order, restraining order or anti-harassment order against another individual, the employee is required to report it under the reporting procedure below, and provide a copy of the order as part of their report. Policy Implementation: Call 911 in an emergency or any situation perceived to be dangerous; then follow the reporting procedure below when safe to do so. Within the Legal Aid Society, reports of workplace violence shall be made to any of the following: Executive Director, Director of Finance and Administration or the supervising attorney of the unit, unless the supervising attorney is the subject of the complaint. Notice of a report to any of these individuals is deemed notice of the report to the Legal Aid Society for purposes of this policy. Supervising attorneys who receive complaints are responsible for ensuring that the complaint is promptly communicated to the Executive Director or to the Director of Finance and Administration. The report should either be in writing or be reduced to writing by the person receiving the report and, whenever possible, be approved in writing by the reporting employee. 708 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 38 6. HANDLING SUSPICIOUS PARCELS OR LETTERS The Legal Aid Society has compiled this policy to inform and assist employees in response to dealing with potentially suspicious packages/ envelopes received at the agency. It should serve as a guide for more efficient internal communication and provide a basic understanding of duties and responsibilities in the process of addressing this issue for Legal Aid Society staff and volunteers. Although a package could contain a biological, chemical or explosive agent, the likelihood is remote. Experience demonstrates that most are a hoax. We must use common sense. The fact that you receive a package without a return address is no reason in itself to be alarmed, particularly if you are accustomed to getting those types of packages from a known sender. However, it is our responsibility to remain vigilant and treat packages that you find suspicious as if there is a real threat. Staff responsible for incoming mail should be especially vigilant. What is a suspicious package? A good rule of thumb to use when evaluating a package would be "Is it unusual, considering normal incoming mail and packages?" The following are some indicators that may help you in this evaluation:  Grease stains or discoloration on paper  Strange odors  Lopsided or uneven envelope  Protruding wires or tinfoil  Excessive securing material, such as masking tape, string, etc.  Excessive weight  Wrapped in brown paper with twine  No return address  Insufficient or excessive postage  Return address and postmark are not from same area  Foreign mail  Restrictive markings such as Confidential, Personal, or Hand Deliver  Hand-written or poorly typed addresses  Incorrect titles  Titles but no names  Misspellings of common words  Is addressee familiar with name and address of sender?  Is addressee expecting package/letter? 709 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 39 Opened Package If you have opened a package containing a threat, powder, or unknown substance or have handled an unopened package with a substance spilling out of or bleeding through:  Place it down gently at the location where you opened or touched it. Try to keep the substance from becoming airborne. Do not shake or empty the contents of the package.  You may place the package and contents in a zip-lock style plastic bag if available.  Do not move the package from its current location.  Leave the room and close the windows and doors behind you. Move to an area that will minimize you exposing others.  If possible, wash your hands with soap and water to prevent spreading any powder to your face.  Immediately contact the Executive Director or the Director of Finance and Administration:  Do not allow others to enter the area.  The Executive Director will notify the appropriate agencies and personnel depending on the situation.  List the names and telephone numbers of all the people present in the room or area when this suspicious letter or package was opened. Give this list to the law enforcement officers when they arrive.  Remain calm. Exposure does not mean that you will become sick. Emergency responders, Public Health officials and/or Environmental Health and Safety will provide specific information and instructions.  Depending on your situation, responding emergency personnel may ask you to shower and change clothes. It is important to place contaminated clothing in a sealable plastic bag for analysis and evidence.  Testing of individuals exposed to an unknown substance for an infectious agent by use of nasal swabs or blood tests is usually not appropriate until Health Department test results are available.  There is no need for any decontamination of individuals who have not had direct contact with the letter or package that contains an unknown substance.  Should any tests be required, the results will be reported to individuals as soon as they are known, either by Environmental Health and Safety, or appropriate Public Health officials. 710 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 40 Unopened Package If the suspicious package is unopened with no leakage, spillage or bleeding:  You may place the package and contents in a zip-lock style sealable plastic bag if one is available.  Immediately contact the Executive Director or the Director of Finance and Administration.  The Executive Director will notify the appropriate agencies depending on the situation.  Individuals that may have been exposed will be contacted as soon as any test results are known. Issues Concerning Exposures According to this plan the Legal Aid Society will notify local, state, and/or federal authorities, as appropriate, depending on the type of (suspected) exposure. The agency would follow the guidelines established by these agencies as necessary. In general, the agency would cover only those incidents which are directly related to agency facilities in a variety of ways. Employees with credible exposure would be covered by workers compensation (if applicable) or their individual health insurance, including pharmaceuticals (antibiotics) which may be required. Credible incidents shall be reported to local law enforcement (police) and the Palm Beach County Health Department. These agencies will provide criminal and epidemiological investigation. Appropriate personal protective equipment will be recommended by Environmental Health and Safety for workers having credible potential for exposure, for example mailroom workers have been provided training and offered gloves and respiratory protection against possible anthrax-contaminated mail. Should you have any additional questions, please call the Executive Director or the Director of Finance and Administration. 7. THUNDERSTORMS, LIGHTNING AND TORNADO GUIDELINES Observe the following rules if lightning is occurring or is about to commence: Indoors - stay away from doors and windows. Avoid water, telephone lines, and all metal objects, including electric wires, machinery, motors, power tools, etc. Do not use the telephone. Turn off, unplug, and stay away from appliances, computers, power tools, TV set, etc. Lightning may strike exterior electric and phone lines, 711 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 41 inducing shocks through inside equipment. In your car - because cars are supported on rubber tires (an effective electric insulator) they are generally safe from lightning strikes. Electrical current will also generally follow a path around, rather than through, the passenger compartment. In an open area - go to the nearest ditch or ravine and drop to your knees.  Do not stand in an open area; underneath a tall tree  Do not seek shelter in a small structure in an open area  Do not go near anything metal  If you feel your hair standing on end, drop to your knees and bend forward, putting your hands on your knees. Do not lie flat on the ground. Injured persons do not carry an electrical charge and can be handled safely. Apply first aid procedures to a lightning victim if you are qualified to do so. Call 911 or send for help immediately. TORNADOES - When a TORNADO WATCH is announced, this means that tornadoes may occur. Keep your radio, TV or NOAA weather radio tuned to a local station for information and advice from Weather Service. When a TORNADO WARNING is issued, take shelter immediately. A tornado has actually been sighted. Keep the following in mind:  If at Legal Aid Society, go to an interior hallway on the lowest level. Seek out interior spaces that form a protective core; closets and bathrooms in the center offer the greatest protection. Stay away from windows, exterior walls and exterior doors. If possible, cover yourself with a rug or blanket. DO NOT USE THE ELEVATOR!  In a car - if the tornado is nearby, get out. Do not try to out run a tornado with your vehicle. If it is not possible to find suitable shelter inside a building, lay flat in a ditch, culvert or low area. Cover your head with your hands.  If you are outdoors - lie face down in a ditch or nearest low area and cover your head with your hands. This procedure is preferable to remaining in a car or mobile home. After the tornado, stay alert! Take extreme care when moving about in an area damaged by a tornado. Watch for downed power lines, shattered glass, splintered 712 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 42 wood, or other sharp protruding objects. 8. EPIDEMICS—CORONA VIRUS (COVID-19) FLU PANDEMIC GUIDELINES It is the policy of the Legal Aid Society of Palm Beach County to prepare for possible contagious disease outbreaks (epidemics). While any epidemic/pandemic is unlikely, the most probable outbreak is influenza. We therefore encourage all staff to receive the annual vaccine for influenza. Condition Level 1 – WATCH (illness levels above normal, but community & organization are not directly impacted) 1. All staff remain on normal work schedules. 2. Infection control procedure reminders posted and distributed to all staff. Condition Level 2 – ALERT (illness levels above normal, community impacted, minimal impact on organization) 1. Monitor CDC and state department of health communications for updates. 2. Increased infection control (increased handwashing, hand sanitizer use, antiseptic wipe-down of common work area surfaces, etc.). 3. Staff with any known symptoms or with ill family members should contact direct supervisor prior to reporting to work. Condition Level 3 – EPIDEMIC (illness levels well above normal in community, illness present among staff and/or clients) 1. Revised sick leave plan will be implemented, encouraging employees who may be in the contagious stage of the illness to stay home so that they do not infect other employees. The revised policy will also permit employees with ill family members to stay home to care for them. 2. For employees who are able to do so, remote work is encouraged when Epidemic conditions are in effect. 3. Facility may be closed in accordance with CDC, state department of health and local county government guidance. 4. Non-ill staff may be required to work extra hours and/or staggered work shifts during this period to cover for those out due to illness. 5. Any elective vacation leave requests may be rescinded. 713 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 43 6. Cache of illness prevention / antiseptic supplies released for use (N95 masks, gloves, hand sanitizer, etc.). Condition Level 4 – RECOVERY (illness levels are returning to pre-epidemic levels, the majority of staff and/or clients are no longer impacted by illness) 1. Increased infection control remains in effect. 2. Disinfection and deep-cleaning of facility if necessary. 3. Sick leave plan returns to normal (conditional plan may be in effect). 4. Restock cache of illness prevention / antiseptic supplies. 9. DATA LOSS, DATA BREACH AND / OR DATA HIJACKING The Legal Aid Society of Palm Beach County’s Incident Response Plan is designed to detect, contain, and recover from a security incident that has the potential to compromise the operation of covered core systems or the confidentiality or integrity of covered data assets. A security incident may involve any or all the following:  a violation of computer security policies and standards.  unauthorized computer or data access.  the presence of a malicious application, such as a virus.  the presence of unexpected/unusual programs.  a denial-of-service condition against data, network, or computer.  the misuse of services, systems, or information.  the physical or logical damage to systems.  computer theft. The Legal Aid Society will work in conjunction with its IT provider PalmTech and its cybersecurity insurance carrier RLA Insurance Intermediaries to implement the following phases of the Incident Response Plan and accompanying action steps:  Detection - Initial assessment and triage of security incidents on covered core systems, including escalation to PalmTech and assigning incident priority level.  Analysis - Perform detailed impact analysis to properly prioritize additional response activities required for high impact breaches. Begin evidence preservation and containment activities, as well as initial recovery. 714 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 44  Recovery - In keeping with the severity of the incident, mitigate the impact of the incident by finishing containment and eradication activities, and recovering from it. During this phase, activity often cycles back to detection and analysis—for example, to see if additional hosts are infected by malware while eradicating a malware incident.  Post-Incident - After the incident is adequately managed, issue a report that details the root cause and total cost of the incident, along with the steps the Legal Aid Society should take to prevent future incidents. All Legal Aid Society staff members are required to complete an annual cyber security awareness training course and are aware of the procedures for reporting the diverse types of events that might have an impact on the security of Legal Aid’s data and network. They are instructed to report any information security incident as quickly as possible to the Director of Finance and Administration and to PalmTech. Once an incident has been detected and reported, Legal Aid’s Director of Finance and Administration will immediately notify its IT provider PalmTech who will perform a detailed impact analysis and follow the necessary steps for containment and recovery. PalmTech will take steps to contain the breach, assess the damage, and notify the relevant parties:  Contain the breach: Isolate affected systems and devices, change passwords and credentials, and temporarily disable remote access.  Assess the damage: Identify what data was compromised and by whom and check for any changes or deletions.  Notify the relevant parties: This includes stakeholders, affected individuals and authorities. Provide clear information about what happened, how the data was accessed, and how the company is addressing the situation. Consider offering free credit monitoring to affected individuals as needed. The Director of Finance and Administration will also notify Legal Aid’s cybersecurity insurance carrier and will follow any prescribed actions they recommend including full cooperation with Bates Carey LLP, and not negotiating with cyber criminals. 715 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 45 PARTIAL OR TOTAL DESTRUCTION OF BUILDING SHORT TERM BUSINESS CONTINUITY PLAN AND TEMPORARY RELOCATION If severe damage resulted in the agency’s building being untenantable, the agency’s services would resume off site at a site to be identified later. Tasks and Duties of LASPBC’s Executive Director [Bob Bertisch]  Announce and provide directives to the Director of Finance and Administration Michael Spillane and each Unit Manager of the need to temporarily relocate the agency off-site.  Make a Public Service Announcement (PSA), advising the public of the agency’s temporary relocation.  Promptly consult with the agency’s attorney, Ross Baer, and its Board of Directors.  Assign at least two (2) exempt employees, from each unit, to conduct outreach efforts for probable representation, and/or legal advice and counsel in areas deemed critical by each Unit Manager, in an effort to promote Legal Aid’s goal of providing a continuity of essential services to the community’s disenfranchised population.  Assign at least two (2) exempt employees to conduct intake and/or distribute LASPBC’s brochures and emergency public assistance flyers at the various Disaster Recovery Centers in Palm Beach County, including the western portion of the county (Belle Glade).  Assign one exempt employee to Palm Beach County’s Emergency Operations Center (EOC), if appropriate.  In coordination with the Development Department, make every effort to secure emergency grant funding. 716 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 46 Tasks and Duties of Director of Finance and Administration [Michael Spillane]  Contact the agency’s building management, John Hoecker, to obtain a status regarding restoration of power to lights, air conditioning, telephone system, information systems and key operations; as well as determine the severity of the damage to the building and the foreseeable length of time that the agency could be displaced.  Notify LASPBC’s staff of the temporary relocation of the agency, via voice mail, mailing, or other appropriate means.  Inform the LASPBC staff members of the agency’s decision to implement its Disaster Payroll Policy, if appropriate.  Conduct an assessment of any loss to the agency, which includes taking photographs and/or a videotape of the damage to the agency’s equipment, furniture, and other personal property.  Maintain complete documentation of any and all expenses incurred by the agency as a result of its displacement.  Promptly submit the necessary claims to the agency’s insurance providers. Tasks and Duties of Unit Managers:  Each Unit Manager will assign at least one exempt employee to conduct outreach at a designated site (to be determined at the time), for potential representation and/or legal counsel and advice of services deemed by each Unit Manager as being essential to LASPBC’s goal of providing a continuity of services to the community.  The Unit Managers will ensure that its staff promptly records all hours worked.  The Unit Managers will supervise all work performed off-site.  The Unit Managers will continuously assess the effectiveness of the delivery of services to the public that is conducted off-site. 717 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 47 Tasks and Duties of Pro Bono Department [Kimberly Rommel-Enright]  Make an attempt to secure emergency pro bono assistance from the LASPBC’s Pro Bono Panel or from the Young Lawyers’ Division of the Palm Beach County Bar, if appropriate. Tasks and Duties of Critical Employees:  Promptly record all work performed off-site.  Determine financial and case eligibility of potential client.  Obtain the facts, information, and documentation of the applicant 718 Legal Aid Society of Palm Beach County Disaster Preparedness and Business Continuity Plan Last Revised July 2024 Page 48 EMPLOYEE RECEIPT OF DISASTER PLAN MANUAL I acknowledge that I have been advised and have been given a copy of the Disaster Preparedness and Business Continuity Plan for the Legal Aid Society of Palm Beach County, Inc. I understand that I am subject to complying with all of the policies and procedures outlined in this document. I further acknowledge that I have been given the opportunity to ask any questions I may have about the application of these procedures to my work. Print Name: Signature: Date: 719 FY2025‐2026 CDBG Application Scoring Name of the organization: _Pathways to Prosperity, INC _______________________________________________________________________ Category Meets expectations (11‐20 points) Does not meet expectations (0‐10 points) Programmatic Review Proposed Project Executive Summary Points: 20 The applicant describes in detail the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they Selected for program. Applicant, provide a clear and concise Application, with an effective summarization of the project community. The applicant is unclear or does not include or describe in details the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they selected for program. Community Need & Justification Points: 20 The applicant clearly identifies and defines a specific need(s) for the project in the community and effectively describes overall effectiveness of the program, how the project relates to the overall organizational structure, how the CDBG funds are proposed to be used and will impact the current operation of the organization. The description and the details provided with this application aligned and justify the activity and will have a positive impact on the Community The applicant does not sufficiently identify or describe a need for the project in the community and does not effectively describes overall effectiveness of the program, how the project relates to the overall organizational structure, how the CDBG funds are proposed to be used and will impact the current operation of the organization. 720 Location, Target Population and Income Certification requirement Points: 19 The applicant clearly identifies the location of the project and the target population. The proposal demonstrates a collaborative process that includes multiple community partners involved in planning and implementation. The applicant describes in detail the income certification process and has ability and experience to income certify individuals. Cost effective and all items align with the project described. The applicant has provided very limited information about the location of the project and the target population. The applicant doesn’t have any partnership with other organizations. The applicant didn’t explain in detail, the process of how the organization income certify individuals, and/or has no experience with income certification, and/or is not able to income certify individuals. Budget Points: 20 The budget is specific and cost reasonable, cost effective and all items align with the described project. The requested grant amount is reasonable in comparison to the in‐kind, or other funds that have been identified, secured, and in place to support the project. There are not any unexplained amounts. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are reasonable. All line items are identified clearly in the budget narrative. The cost is reasonable The budget is not specific and/or cost reasonable, and the items are poorly aligned with the described project. The budget is included in the application but seems incomplete or not reflective of actual costs. The requested grant amount is not reasonable in comparison to the in‐kind, or other funds that have been identified, secured, and in place to support the project. There are unexplained amounts. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are not reasonable. Line items are not clearly defined in the budget narrative. 721 Total Score 98/ 100 Reviewer’s Name: ___Jessika Viciere_________________________ Title: Accountant _________________________________________ Notes/comments: Organization Capacity Points: 19 The human resource allocation to this project is appropriate (internal staff expertise and experience). The applicant demonstrates reliability for this kind of work (provides a brief list of the topics covered in the written policies and procedures, a history or track record of achievements, and letters of support). It explains how CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding. The organization provides a description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant answered all the questions in the application. The organization provides a fair description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant also answered all the questions in the application. The human resource allocation to this project is not appropriate (internal staff expertise and experience). The applicant is limited in its ability to demonstrate reliability for this kind of work (the applicant doesn’t provide a brief list of the topics covered in the written policies and procedures, a history or track record of achievements, and letters of support) It doesn’t explain how CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding. The organization doesn’t’ provide a description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant didn’t answer all the questions in the application. 722 FY2025-2026 CDBG Application Scoring Name of the organization: ________________________________________________________________________ Category Meets expectations (11-20 points) Does not meet expectations (0-10 points) Programmatic Review Proposed Project Executive Summary Points: 13 The applicant describes in detail the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they Selected for program. The applicant is unclear or does not include or describe in details the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they selected for program. Community Need & Justification Points: 8 The applicant clearly identifies and defines a specific need(s) for the project in the community and effectively describes overall effectiveness of the program, how the project relates to the overall organizational structure, how the CDBG funds are proposed to be used and will impact the current operation of the organization. The applicant does not sufficiently identify or describe a need for the project in the community and does not effectively describes overall effectiveness of the program, how the project relates to the overall organizational structure, how the CDBG funds are proposed to be used and will impact the current operation of the organization. Location, Target Population and Income Certification requirement Points: 13 The applicant clearly identifies the location of the project and the target population. The proposal demonstrates a collaborative process that includes multiple community partners involved in planning and implementation. The applicant describes in detail the income certification process and has ability and experience to income certify individuals. The applicant has provided very limited information about the location of the project and the target population. The applicant doesn’t have any partnership with other organizations. The applicant didn’t explain in detail, the process of how the organization income certify individuals, and/or has no experience with income certification, and/or is not able to income certify individuals. Pathways to Prosperity, Inc 723 Total Score: 65/ 100 Reviewer’s Name: ____________________________ Title: _________________________________________ Notes/comments: Proposed Project Executive Summary: The organization did not clearly calculate the units served and the cost per unit. Additionally, no data in this section that demonstrates the need for this program. The explanation of all the programs offered by the organization is confusing, making it challenging to identify which program is linked to this funding request. Community Need & Justification: The answers in this section were not assigned to the correct questions. Additionally, they addressed an extra question that does not exist (5). As a reader, I had to determine which answer corresponded to each question, which is unacceptable in a grant application. Location, Target Population and Income Certification requirement: There was not a clear understanding of the income certification process. Given the population Budget Points: 18 The budget is specific and cost reasonable, cost effective and all items align with the described project. The requested grant amount is reasonable in comparison to the in-kind, or other funds that have been identified, secured, and in place to support the project. There are not any unexplained amounts. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are reasonable. All line items are identified clearly in the budget narrative. The budget is not specific and/or cost reasonable, and the items are poorly aligned with the described project. The budget is included in the application but seems incomplete or not reflective of actual costs. The requested grant amount is not reasonable in comparison to the in-kind, or other funds that have been identified, secured, and in place to support the project. There are unexplained amounts. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are not reasonable. Line items are not clearly defined in the budget narrative. Organization Capacity Points: 13 The human resource allocation to this project is appropriate (internal staff expertise and experience). The applicant demonstrates reliability for this kind of work (provides a brief list of the topics covered in the written policies and procedures, a history or track record of achievements, and letters of support). It explains how CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding. The organization provides a description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant answered all the questions in the application. The human resource allocation to this project is not appropriate (internal staff expertise and experience). The applicant is limited in its ability to demonstrate reliability for this kind of work (the applicant doesn’t provide a brief list of the topics covered in the written policies and procedures, a history or track record of achievements, and letters of support) It doesn’t explain how CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding. The organization doesn’t’ provide a description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant didn’t answer all the questions in the application. Mirna Crompton Grants Manager 724 involved in this application, a self-assessment is only necessary. The project does not have program income, and the applicant misunderstood the definition and applicability of program income. Organization Capacity: Question#3 was not answered with the explanation in the application. The answers from 3-5 in this section were not assigned to the correct questions. As a reader, I had to determine which answer corresponded to each question, which is unacceptable in a grant application. 725 Fiscal Year 2025 (October 1, 2025 to September 30, 2026) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Subrecipient Grant Application SUBMISSION DEADLINE March 31, 2025, 5:00 PM Hard copy and a Digital/Electronic Copy with all attachments to City of Boynton Beach-Community Improvement Division 100 East Ocean Avenue, Boynton Beach, FL 33435 (No applications will be accepted after 5:00 PM, on March 31, 2025) 726 Agency Name: Pathways to Prosperity, Inc Project: Circles Palm Beach County APPLICATION Submit Hard Copy and a Digital/Electronic Application with all attachments Application is signed and dated. By Director, and Board Chairperson 501(c) (3) is attached (No-For-Profit Status) City of Boynton Beach Business Tax Receipt attached (if applicable). Board Member list. Copy of latest audit. All funding sources for this project identified. 1 727 ADDITIONAL ATTACHMENTS Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Agency Articles of Incorporation, Agency By-laws, and Tax Documents submitted to the Internal Revenue Service (IRS). Copies of current license(s) needed to operate (as applicable to the funded activity) including City of Boynton Beach Business Tax Receipt (if applicable) Documentation of all additional funding sources for program(s)/project(s) listed in application (if applicable) A description/schedule of fees charged to the targeted beneficiaries of the programs/services/facilities to be funded (if applicable) A job description for each position for which funds are being requested (explain role/responsibilities within each program/project) (if applicable). 2 728 729 2025 Funding Request To submit an application, complete A – I, Attachments 1-5 (if applicable) and any other items requested. Do not include any items that are not requested. Submit a Hard copy and a digital/electronic copy with all attachments to RJ Ramirez, Community Improvement Manager (ramirezr@bbfl.us) Community Improvement Division, 100 East Ocean Avenue, Boynton Beach, FL 33435 by 5:00 pm, March 31, 2025. Please review the “CDBG Subrecipient Information and Guidelines” available at CDBG | City of Boynton Beach (Boynton-Beach.org) for the program reporting requirements, goals and timelines. For assistance, please call the Community Improvement Division at 561-742-6359. A. GENERAL INFORMATION 1. Name of Applicant: Print Full Name: Pathways to Prosperity, Inc Not-For-profit Unique Entity ID # EH5XLFEQ5C95 Provide copy of your IRS ruling providing tax exempt status under Section 501(c) (3) of the 1986 IRS Code. Per 2CFR Chapter I Part 25 and the Office of Management and Budget guidance on Federal Funding Accountability and Transparency Act (FFATA) Subaward and Executive Compensation Reporting issued on August 27, 2010, each prime grant recipient may make subawards only to entities that have Unique Entity ID Number. 2. Name of Project: Circles Palm Beach County 3. Area or Location of Project: Boynton Beach, with a special focus on Heart of Boynton Beach, Census Tract 61, 33435 4. Contact Person/Title: Kemberly Bush/Executive Director (Preferably Executive Director/President/CEO) Email Address: kbush@p2ppbc.org Mailing Address/Zip: 1105 N. Federal Hwy, Boynton Beach, Florida 33435 Telephone: 561-856-5551 Fax: NA Additional Contact Person/Title: Deja Hasness, Grant Writer (Preferably Person responsible for preparing reimbursements/quarterly reports) Alternate Email Address: grants@p2ppbc.org Mailing Address/Zip: 1105 N. Federal Highway, Boynton Beach, Florida, 33435 Telephone: 561-903-7743 Fax: NA 4 730 5. Grant Request Activity Area (choose one): Homeless Prevention Services Domestic Violence Prevention Public Safety/Crime Prevention Housing Rehabilitation Program Senior Services Educational Program Other (please specify): Financial Literacy/Family Stabilization 6. Amount of Funds Requested for Project: $56,530 7. Amount of Matching Funds for Project: $842,989 Match Type Cash Donations Other Grants Other Please Identify Source of Additional Funding: Shared Future Foundation $138,550 approved, Children’s Services Council $122,476 approved, The Frederick A. DeLuca Foundation $90,000 approved, Palm Beach County FAA $73,500 approved, The Jim Moran Foundation $65,000 approved, Cathleen McFarlane Foundation $49,500 approved, Palm Beach County CDBG $31,107 approved, Flagstar Foundation $25,000 approved, Quantum Foundation $50,000 pending, The Community Foundation for Palm Beach & Martin Counties $57,719 pending, Fundraisers $25,000 pending, other grants & donations $127,500 pending. 8. CDBG COST: (a) Total CDBG Funds Requested $56,530 (b) Total Unduplicated Units Served 72 individuals (or 30 households) (Explain how determined?) Circle Leaders from 30 households. Each individual member of a Boynton Beach income-certified household served = 1 unit. Average Boynton Beach household size = 2.4 individuals. https://www.census.gov/quickfacts/fact/table/boyntonbeachcityflorida/PST045223 (c) CDBG Average Cost Per Unit (a/b) $718 per individual served ($1,844 per family served) TOTAL PROJECT COST INCLUDING OTHER SOURCE OF FUNDING: (a) Total Project $899,519 (b) Total Unduplicated Units Served 249 individuals (or 100 families) (Explain how determined?) Each individual member of a Palm Beach County income-certified family served = 1 unit. Average Palm Beach County household = 2.49 https://www.census.gov/quickfacts/fact/table/palmbeachcountyflorida/PST045223 (c) TOTAL Average Cost Per Unit (a/b) $3,612.53 per individual served. 5 731 9. Is this project: A new service; or A quantifiable increase in the level of an existing service which has been provided by the grantee on its behalf through State or local government funds in the 12 months preceding the submission of the grantee’s Consolidated Plan Annual Action Plan Has the applicant received or will receive other Federal, State or local government funds for the proposed project(s) for which the applicant is requesting CDBG funds? Yes No If Yes, what is the funding source? Palm Beach County FAA Securing Our Futures Initiative (SOFI), Children’s Services Council of Palm Beach County, Palm Beach County CDBG How much? $224,366 10. Could this project occur without these funds? Yes No 11. Will this project continue after CDBG funding ends? Yes No If Yes, describe how the applicant will guarantee the sustainability of the project/program after CDBG funds have been spent. Pathways to Prosperity (P2P) is committed to success in this city. Our Board of Directors is engaged and dedicated to the sustainability of our programs and to the residents of Boynton Beach. 100% of our Board of Directors donate to Pathways to Prosperity, giving us a base for unfunded expenses each year. A comprehensive 5-year strategic plan serves as a road map for future activities to strengthen our agency ’s fiscal security, including diversifying funds and increasing unrestricted revenue streams. Over the past decade we have built a vast network of service partners and many dedicated funders including Palm Beach County FAA, Palm Beach County CDBG, The Quantum Foundation, Children’s Services Council of Palm Beach County, and a number of other local and regional funding partners. We are an Accredited Nonprofit Agency, receiving the highest level for over 10 consecutive years, and our development team consistently identifies and cultivates new funding partners. They diligently work to develop ongoing funding for this growing program. Our long-term strategy for funding this initiative includes continued grant writing, fundraising events and promotion of Poverty Awareness Week. 6 732 B. PROPOSED PROJECT EXECUTIVE SUMMARY: Please describe in detail the scope of services of the proposed project/activity to be funded, including the expected benefits to the community, a plan of action, how the agency will implement the activity (i.e., intake procedures, income certification, collection of required documentation, reimbursement request, progress reports, end of the year report, etc.). (Attach additional sheets if necessary) Circles Palm Beach County is based on a model that empowers people in poverty to build intentional relationships across income and class lines. Circles is a nationwide, proven anti-poverty strategy recognizing a family ’s upward mobility is inextricably linked to the economic & social capital of their personal and professional “circles”. Circles’ unique, comprehensive curriculum identifies and addresses barriers keeping people in poverty. Circles matches people living in poverty, or “Circle Leaders”, with middle- to upper-income volunteers, called “Allies”, to establish relationships across class lines, create multidimensional support systems, access new ways of thinking and possibilities. Circles staff, or “Coaches”, provide financial literacy, case management, transitional services, guide goal-setting and match Circle Leaders with an Ally who supports them in reaching their goals: increasing savings or skills, getting a job or a better one, making sound financial and other life decisions. Circles Palm Beach County is a “home grown” program, first launching in Boynton Beach in 2014 and serving residents of this community for the past decade. Circles participants are recruited through word-of-mouth, through local job fairs or other community convenings, or by referral from other Pathways to Prosperity programs or one of our partner agencies. Interested participants are pre-qualified before entering the program to ascertain if they are ready and able to complete our program. Program requirements include being 18 years of age or older, working or in school (or must enroll in school within 30 days), having reliable transportation, and being highly motivated to make a change in their life. Additionally, Circles participants are income certified: they must have a household income at or below 200% of the federal poverty guidelines, with a special emphasis on those at or below 100% of the federal poverty guidelines. At the time of enrollment, typically 85-90% of Circle Leaders have incomes equal to or below 100% of the federal poverty guidelines. Currently, 71% of our Boynton Beach Circles clients have incomes equal to or below 100% of the federal poverty guidelines, as many of our longtime Boynton clients have shifted out of poverty into self-sufficiency. Circle Leader training is a 15-18 week process, culminating in a celebratory graduation event. During Circle Leader training, participants assess their current relationships, resources and reason or purpose for making the necessary changes to escape from poverty permanently. It is during this time that Allies, who are middle- to upper-income community volunteers, are also attending training sessions that increase awareness of poverty issues within the families they will be matched with as well as issues that affect the community as a whole. Both the Circle Leader and Ally training curricula teach participants to better understand the “hidden rules” or “social norms” associated with class in the United States as well as how to build a long-term vision for their future, individually as well as collectively to contribute to community change. Looking at poverty in a more holistic manner is necessary for both Circle Leaders and Allies once they are matched in 7 733 an intentional team for the true work of Circles to begin post-Circle Leader graduation. Leaders and Allies meet monthly to build relationships, review established goals, discuss and problem solve barriers to reaching those goals, such as improving self-sufficiency, expanding social networks, and enhancing academic performance and skills levels of both children and parents. Moving forward, biweekly Community Meetings gather Circle Leaders, Allies, Coaches, and other interested community members to provide support and networking opportunities, with topics such as how to start a business (with speakers from CRA) and first time homebuying (with local real estate professionals). Big View Meetings are held once per month, and feature a far-ranging discussion of the causes of poverty in the community and how to address them for the long term, in the process removing systemic barriers. A 12-person Guiding Coalition, spearheaded by Circle Leader graduates, helps determine programmatic direction and meets once per month. We also host monthly Circle Leader and Ally mixers, known as Circles Connections Meetings, where everyone breaks bread together while discussing challenges, sharing successes and networking. We provide dinner, childcare, and support with transportation for all of our Circles-related meetings throughout the week to reduce obstacles to participation. Instead of just playing games or watching movies while their parents attend meetings, children of Circle Leaders and Allies are introduced to financial literacy education through our Circles for Youth program, where they, too, create Dream Boards, set SMART goals, open bank accounts, and participate in savings challenges much like the adult participants. Financial literacy is provided through our partnership with CreditOne Bank. Instilling healthy financial habits at an early age can shift generational relationships with money and wealth and empower young people to make smart financial decisions, which will allow more financial freedom and security later in life, breaking the revolving cycle of poverty. Our Case Managers provide wrap-around support such as obtaining government IDs, safe/stable housing, food security, healthcare access, emergency financial support when needed, parenting and childcare resources, and more. In 2023, and born out of a need expressed by Boynton Beach residents eager to take part in our program, we launched our first ever Circles cohort hosted in Haitian Creole. It was such a success that we have since hosted two additional Creole cohorts- one in Lake Park and another in Boynton Beach. Because of the high demand, increased acuity, and 1:1 needs of this client population, programmatic adjustments were made, including hiring several bi- and tri-lingual staff members, embedding ESOL classes into the program, and forging several new community partnerships with businesses willing to hire Circles graduates with limited English proficiency while they continue their language acquisition through ESOL courses. In 2024, we launched a Savings Match Initiative. After receiving funding to pilot this initiative from The Jim Moran and Quantum Foundations, we launched it with 2 cohorts who graduated in late June 2024 and another Boynton-based cohort who graduated in October 2024. Both of our June graduating cohorts recently completed their Savings Match journey, while our October Boynton cohort is currently saving for their match. Three additional cohorts in West Palm Beach, two of which recently graduated and one which is still in Circle Leader training, will participate in Savings 8 734 Match with Quantum’s support, and another cohort in Delray Beach, yet to begin their training, will participate with funding support from Shared Future Foundation. Participants were invited to save for the period of time between graduation from Circle Leader training up to their 12-month anniversary of program participation. P2P committed to matching participants’ savings up to $2,500. Participants worked with their Coach to set a reasonable and achievable monthly goal for saving during the match period. The results from our first two cohorts who have been matched were phenomenal: 63% of those eligible to participate in Savings Match did so. 37% of Savings Match participants had no savings account at enrollment, and 72% had no funds saved at the time of enrollment. Participants set declared goals for their savings: housing stability/homeownership (53%), starting a business (25%), emergencies (19%), to learn healthy savings habits (6%), to reduce debt (6%), to purchase a car (6%), retirement (3%) and post-secondary education (3%). Of our two cohorts who have already been matched, 81% of those who participated were able to successfully save and receive a match. 62% were matched at the full amount; in fact, all 62% of them saved OVER the match amount of $2,500- indicating to us they were truly saving for their larger stated goals (homeownership, entrepreneurship, education, etc.) and not just saving for the match. To date, we have matched just over $38,000 (however their total savings amounted to $49,542)! 43% of those participating never missed a month of saving. We held match ceremonies for those who completed the challenge, honoring their dedication and the personal sacrifices they made in order to save towards their goal. Participants reported feeling a sense of accomplishment, pride, and camaraderie among their fellow “savers”. Participants had their own group WhatsApp chat, where they shared money saving ideas, encouraged one another, engaged in friendly competition, and held each other accountable. Those who were matched in January have impressed us with their use of funds: one was able to move with his wife and children out of shared housing and get their own apartment for the first time; another put her $5,000 into a 5-year CD; another was able to purchase a car; and the rest report that they are keeping the funds in their savings account to continue saving towards loftier goals like homeownership. The Savings Match Initiative has had a positive impact on our program retention, as well. From our recent cohorts, 60% of Circle Leaders remained in the program for 12 months. The 40% who did not reach 12 months of program participation all left prior to graduating from Circle Leader training, meaning we have experienced a 100% retention rate of Circle Leader graduates through to 12 months of program participation! This is a marked improvement over past years, where historically our retention rates at the 12 month mark hover around less than 15%. Circles participants receive a number of benefits from participating in the program. The Circles model supports families in poverty by building intentional relationships, actively listening, asking questions, sharing knowledge and resources, helping participants set goals, and working together to dismantle barriers that prevent people from moving out of poverty, while simultaneously increasing higher income individuals’ understanding of and empathy for those dealing with the challenges of living in poverty. Circle Leaders receive peer support from each other (known as “bonding social capital”) as well as the support of their Circle Allies (known as “bridging social capital”). Through our program, which fosters unstructured social connectedness, Circle Leaders can lift themselves out of poverty and learn skills that encourage further financial stability. Circle Leaders gain knowledge on how to create a new relationship with money and with life choices. As 9 735 part of the training curriculum, Circle Leaders learn how to make decisions that will be beneficial to them and their families. Every year, Pathways to Prosperity, through Circles, empowers hundreds of people living in poverty with tools and new relationships that support them in achieving financial self-sufficiency, independence, and promising futures. We review and record metrics, including changes in income, savings and employability upon graduation from Circles Leader Training, which typically occurs 3 to 4 months after joining the program, and then again after 6, 12, and 18 months. Results are documented, whenever able, upon withdrawal for participants exiting the program before the 18-month mark. Some graduates remain active in the program past the 18-month mark, for up to 36-months, for ongoing coaching, case management and support from their Allies, and to offer peer support to current program participants. We maintain contact with all participants as able, monitoring household income and other results up through 36 months from the date of enrollment in the Circles program. 10 736 C. STRATEGY: Check the ONE STRATEGY that best describes your project and provide number of units that will be served under this program. Check One Specific Objective Number of Units This Project Will Serve Educational Program (Specify) Households/Persons: (please specify which) Public Safety/Crime Prevention Households/Persons: (please specify which) Domestic Violence Prevention Households/Persons: (please specify which) Senior Services Elderly Households/Persons: (please specify which) Youth Programs Children/Youth: Housing Rehabilitation Number of units to be rehabilitated: Other (Specify) Family stabilization & Financial literacy Households/Persons: (please specify which) 30 households (72 persons) 11 737 D. COMMUNITY NEED/JUSTIFICATION 1. What documentation/data was used to determine the need for this type of program? 2. How do you evaluate the overall effectiveness of the program? 3. How this project relates to the overall organizational structure? 4. Be very specific how the CDBG funds are proposed to be used? 5. How CDBG funds will impact your current operation? (Attach additional sheets if necessary) 1. According to the 2020-2024 Palm Beach County Consolidated Plan, the County’s median income for a household of four increased from $67,600 in 2009 to $74,500 in 2019- an increase of 10.2% in 10 years (Palm Beach County FY 2020-2024 Consolidated Plan and Action Plan, 2020). By 2024, the median family income in Palm Beach County increased considerably to $104,000, indicating a growth of over 28% in just the last 5 years- outpacing previous growth trends by more than 5x (US Department of Housing and Urban Development, 2025). There is a demonstrable economic shift happening in Palm Beach County, partially driven by the influx of financial firms and other high-profile investors to the area which has occurred in the wake of the pandemic. The end result is a skyrocketing cost of living, with many long-time residents being priced out of our communities. Despite being home to some of the wealthiest families in the country, 12% of residents in Palm Beach County live in poverty, and that number is growing. Poverty disproportionately impacts Latino and Black residents in Palm Beach County; 67% of low income citizens are People of Color. 98% of Circles participants are People of Color. The average annual income for all of our Boynton Beach Circles clients is $1,428/month, or $17,136/year, just over half (53%) that of the 2025 federal poverty level of $32,150 for a family of 4, and only 16% that of the Area Median Income (AMI) for Palm Beach County. Inadequate access to healthcare, childcare, food, housing, and transportation are ever-present barriers. Especially since the pandemic, families who were already challenged are now struggling with the increased cost of living. According to Zillow.com, the average apartment rental in Boynton Beach in 2025 is $2,799/month, or $33,588/year- 35% higher than the national average and nearly double the average annual income of our Circle Leaders. With increasing economic destabilization, our community is facing rapidly rising rents, electricity, food and gas costs, increasing stress and compromising mental health. Our clients face even steeper barriers to achieving their goals. The acuity of our clients’ needs has grown exponentially in the past year, and as a community-based organization with a mission to meet the needs of Boynton Beach residents, we are working tirelessly to provide the support they require to climb out of poverty. 12 738 2. We look at the number of program participants reaching their own personal goals, improvements in income, increased savings, debt reduction, educational attainment, vocational certifications and employability skills, increased credit scores, increased community engagement, and reaching a family income of 200% of federal poverty level or greater. We monitor family income and track improvements over time, upon completion of the program and for up to 36 months. We aggregate participant data to determine if agency program goals and objectives have been met, and if our funder and program partners’ goals have been met. We collect and provide data to Palm Beach County uploaded into the HMIS system and share our local data with CirclesUSA. We also compare local outcomes with national program outcomes as a measure of overall effectiveness of the program. Circles participants are assessed for their financial literacy knowledge both before and after Circle Leader training. We also assess participants’ understanding of and ability to set SMART goals (Specific, Measurable, Achievable, Relevant, and Time-Bound) both pre- and post-completion of their Circle Leader training. Soft skills including communication, active listening, time management, problem-solving, adaptability, teamwork and leadership are assessed through self-evaluation, group feedback, and Coach’s notes. Various other goals are measured with a self-sufficiency matrix, Coaches' notes, pre-post tests, self-assessments, observed behavior and Ally report forms, payroll information and participant surveys. The most important “skill” our Circle Leaders gain is the ability to authentically generate new relationships and networks which enhance their social capital. This process happens organically, over a period of time, and is measured by asking Circle Leaders both before and after graduation how many people they feel they can call upon for moral support and advice. Data for program evaluation is collected by our full-time Data & Recruitment Specialist at specified intervals as determined by funders, stakeholders, and CirclesUSA. Upon collection, data is reviewed for accuracy, timeliness, and completeness by our Program Director, then disseminated to our external data consultants for review and analysis before being reported to funders and stakeholders. 3. Pathways to Prosperity is dedicated to strengthening communities across Palm Beach County by improving outcomes for children and families through education and social services. Our goal is to ensure that our families have what they require to not only survive, but thrive. Serving over 1750 families annually, Pathways to Prosperity ’s programming spans the lifecycle: BRIDGES at Boynton Beach, established in 2011, is a community hub, placed-based initiative designed to address the poor outcomes of children with a goal of ensuring they enter kindergarten ready to learn, decreasing child abuse & neglect, increasing healthy births and supporting parents as the first teachers of their children. In 2014, P2P became the lead agency for the Healthier Together program, a community-led, community-driven initiative with the goal of reducing health disparities and supporting community members through awareness, education, health & wellness. P2P is lead agency for two Healthier Together communities: Delray Beach and Boynton Beach, with community-chosen focus areas of behavioral health and family caregiving. Circles Palm Beach County was also launched in 2014, after the Town of Palm Beach United Way introduced P2P leadership to the CirclesUSA model. Being that the missions of both Pathways to 13 739 Prosperity and CirclesUSA are so closely aligned, incorporating Circles into our family of community-based initiatives was a logical choice. We accepted the challenge to become the lead agency to bring Circles to Palm Beach County and launched the program. Circles is a nationwide, proven anti-poverty strategy recognizing a family’s upward mobility is inextricably linked to the economic and social capital of their personal & professional “circles”. The unique, comprehensive curriculum identifies and addresses barriers keeping people in poverty. Hundreds of Boynton Beach families have lifted themselves out of poverty with Circles. The next program added to our umbrella of services in 2023 was the Boynton Beach Mental Health Committee, which works with community partners to enhance quality of life and build a stronger, more efficient mental health community through education and awareness, access to integrated health and support services, and acceptance of the importance of mental wellness and trauma sensitivity. New in 2025, we are adding a Healthier Aging initiative to our Healthier Together program, serving seniors in the Boynton Beach community as they age in place, healthfully. 4. $35,197 of CDBG funds will be used to support our Chief Program Officer, who provides oversight of the Circles program and the Circles Director, ensuring deliverables are met, verifying, gathering and disseminating outcomes to funders and other stakeholders. She facilitates the marketing, recruitment, and hiring of all Circles staff. Her duties also include oversight, management and distribution of our Savings Match funds and Housing Stabilization funds for the Circles program. (.5FTE @ $58,000 = $29,000 + fringe $6197 = $35,197) $21,333 of our CDBG request will cover salary for our Circles Coaches, who provide 1:1 support to Circle Leaders during and after their Circle Leader training, as well as facilitate their match with an Ally. Coaches are tasked with maintaining weekly, even sometimes daily, contact with their Circle Leaders and walking them through any challenges they may face through their journey out of poverty. ($16.80/hr x 22hr/week x 52 weeks = $19,219 + fringe $2,114 = $21,333) Total request: $56,530 5. CDBG funds are crucial to our operations in Boynton Beach. As Circles PBC has grown and evolved, many of our funding partnerships and pending funding requests are allocated for service areas in other geographies across Palm Beach County. Yet Boynton is the heart and soul of our operation: we are a Boynton-based agency, serving residents right here in the Heart of Boynton community for over a decade. Many of our staff live, play, and worship in Boynton Beach. We are invested and embedded in this community. Continuing to serve the residents of Boynton is a priority for the agency, and we are grateful to be able to continue to do so through our funding partnership with The City of Boynton Beach. 14 740 E. LOCATION, TARGET POPULATION AND INCOME CERTIFICATION 1. Where will the program take place and is it within the City of Boynton Beach Municipal Boundaries? Who are the targeted beneficiaries (i.e., geographic area, persons served, etc.), and how are they selected for the program? 2. Are you working with other organizations in a cooperative effort on the program? Yes No If yes, please list the other organizations and their role and responsibilities. (Attach additional sheets if necessary) 1. Program service delivery takes place at our offices located at 1105 N. Federal Highway in Boynton and we also utilize the Carolyn Sims Center located at 225 NW 12th Ave, also in Boynton Beach. Both facilities are within municipal boundaries, and Circles families covered under these grant funds live within the municipal boundaries of Boynton Beach. Boynton Beach residents may also attend classes we host in other locations outside the Boynton Beach municipal boundaries, such as Delray Beach, Palm Springs, Lake Worth, Lake Park, Riviera Beach, Lantana, West Palm Beach, etc. In FY 2024, we served 41 Boynton-based Circle Leaders and their families from zip codes 33426, 33435, 33432, and 33436. 100% of our Boynton families served are People of Color. 64% of our Boynton Circle Leaders identify as female, 36% as male. 65% of our Circle Leaders in Boynton Beach are single mothers. 68% of our Boynton Circle Leaders have children under the age of 18 in the household, with an average family size of 3.5. More than 75% of our Boynton Beach Circle Leaders speak a language other than English in the home (prompting us to begin offering the Circles program in Haitian Creole in 2023.) Upon entering the program, our most recent Boynton Beach Circle Leaders have an average annual income of $17,136 - 53% of the 2025 Federal Poverty Level of $32,150 for a family of 4. Only 29% of them had savings of any kind when they joined Circles; today, over 65% of them have a savings safety net. Participants are referred to Circles through one of our other programs (such as BRIDGES of Boynton Beach), one of our community partners, or self-referral as more families and their relatives learn about the program. A 12-person Guiding Coalition, spearheaded by Circle Leader graduates and including local business owners, community advocates, and leaders supports recruitment of Allies and community-based resources. 8 BRIDGES programs across South Florida refer families to Circles as well as the school district paraprofessionals office. Circles staff attend local job fairs, community convenings, and other events such as the city ’s MLK Day celebration in order to recruit program participants. Word of mouth is Circles’ biggest recruitment tool: friends, family, and neighbors of our Circles graduates see the positive changes in their loved one’s life and are eager to learn more about their new way of thinking. Interested participants are screened and selected through a multi-step process: after filling out an eligibility form, individuals are contacted by a Circles staff member in order to learn more about their interest in the program and personal/financial goals. They are income certified at that time using Palm Beach County’s Online System for Community Access to Resources and Social Services (OSCARSS) as a guide for annual 15 741 household income limits. If they are deemed qualified and eligible, they are invited to schedule an interview given instructions on submitting additional required documentation (pay stub, photo ID, work permit, etc). The interview process is conducted with a panel of three interviewers- a combination of Circles staff, Board Members, and community volunteers, such as city/county employees, local business owners, or representatives from partner agencies (for example, Healthier Delray or Genesis Community Health). The interviewers ask interested participants about themselves, their interests, their personal/professional/financial goals, what they hope to gain from the program, what they have tried to do in the past to change their financial situation, and their ability to commit to an intensive 15-18 week training period plus ongoing program participation for 36 months. The interviewers score and assess the applicant using a standardized scoring metric. Depending on their interview score and program availability, applicants may either be invited to join an upcoming Circles cohort, placed on a waiting list, or referred to a partner agency for stabilization support if they have needs that must be addressed prior to engaging in the Circles program (ie housing stabilization, transportation support, legal aid, etc). 2. We work with several partner organizations and programs which support our clients, including Genesis Community Health, our partner in healthcare who also provides health screenings. For those who are uninsured or without a medical home, referrals are made to Genesis for free or sliding scale healthcare. Another of our partners, CareerSource, helps Circle Leaders to identify their skillsets, successfully market those skills, and create standout profiles for job searches on the CareerSource website. Through our partnership with CareerSource and Palm Beach County FAA Securing Our Futures Initiative (SOFI), Circle Leaders are prioritized for available employment opportunities for which they qualify. CreditOne Bank is our financial literacy partner, and provides checking and savings accounts free of charge to our Circle Leaders. A financial literacy partner from CreditOne works directly with Circle Leaders to open their accounts and teaches them how to use their app for things like creating a savings plan, understanding their credit score, or learning about interest rates for credit cards and mortgages. Additionally, we partner with a number of local faith-based organizations. Churches are a wonderful source of recruitment and referrals for Circles. St. John’s Missionary Baptist Church has been a long-standing source of support for Pathways to Prosperity, and many of our Circles Allies are recruited from their congregation. Christ Fellowship Church is another one of our faith-based partners, always willing and eager to support in any way necessary. When our families are in need of backpacks and supplies for back-to-school, or toys for children during the holidays, Christ Fellowship answers the call. We are one of the founding agency members of the Boynton Beach Faith-Based Alliance, which is composed of several local agencies whose goal is to work together to address the needs of families residing in the Heart of Boynton. Boca Helping Hands provides employment training to Circles participants. Community Partners Mental Health Counseling and Boynton Beach Mental Health Coalition provide mental and behavioral health resources to Circles participants who face untreated mental health struggles. Our volunteer Circles Allies are among our greatest partners with their wealth of networking opportunities, professional insight and guidance to enhance and expand the work of Circles Palm Beach County. 16 742 The City’s CDBG funds must directly benefit low-and-moderate-income individuals (80% Area Median Income (AMI) or below). The City’s CDBG program requires non-profit organization to income certify individuals seeking assistance through activities/programs/projects funded with the CDBG funds. Has the organization done income certification of individuals seeking assistance in the past? Yes No If yes, please explain the process the organization uses to income certify Individuals? What type documentation is collected? Please attach with your application, a copy of the form your organization uses to income certify individuals. P2P ensures that a minimum of 80% of all Circles clients have family income equal to or below 100% of the federal poverty guidelines, as required by our contract with Palm Beach County FAA Securing Our Futures Initiative (SOFI). Our process for income certification includes gathering prospective clients’ paystubs and bank statements and comparing their income with Palm Beach County Area Median Income and federal poverty guidelines, utilizing Palm Beach County ’s Online System for Community Access to Resources and Social Services (OSCARSS) as a guide for annual household income limits. We then determine if a household qualifies as Extremely Low Income, Very Low Income, or Low Income based on the household income and household size. This information is logged internally on our eligibility form and Case Notes (see eligibility assessment, attachment titled “Annual Median Income (AMI) Limits for Palm Beach County, Florida”). Fluctuations in household income are monitored and reassessed every 3 months via progress reports, utilizing pay stubs and bank records (see attachment “Circle Leader Progress Report ”). We monitor and track when our clients achieve upward economic mobility, moving from Extremely Low Income to Very Low Income, or Very Low Income to Low Income. Currently, 74% of our Boynton clients qualify as Extremely Low Income, 21% as Very Low Income, and 5% as Low Income. 17 743 Does the organization charge fees to its clients? Yes No Will program Income be generated from this activity? Yes No If yes, explain how will the program income be used? F. Goals/Objectives/Activity Measures: Descriptive narrative. Please use separate Goal Sheet for each individual project (if applicable). Project/Program Title: Circles Palm Beach County Goal # 1: Improve the economic status of families in poverty in Boynton Beach Objective: 65% of Circle Leaders will experience an increase in family income during the grant term. Resources Needed & Available: Available: Last year we worked diligently to create digital intake, graduation, periodic assessment, self-sufficiency matrix, and savings match application forms for our Circle Leaders in order to obtain more reliable data tracking for client outcomes. Digital case management referral forms, attendance forms, and case notes were implemented in 2025. We have a data firm assisting us with data analysis of our program outcomes, and in 2023 hired a new Data Management Specialist who has been instrumental in collecting, managing, validating, and reporting key client data, working side-by-side with our consultants. Needed: We continue to need support with data tracking and ongoing analysis, as new cohorts of Circles are launched on a rolling basis, oftentimes overlapping. Maintaining data integrity while working with an ever growing volume of clients at a fast pace is key. Ongoing professional development for staff to enhance their understanding of data and its role in our work is needed. Examination of best practices and review/revision of agency Standards of Practice are necessary next steps in our data journey. Start Date & Duration: 10/1/2025 & 12 months 18 744 Goal # 2: Improve the economic status of families in poverty in Boynton Beach Objective: 75% of Circle Leaders will experience decreased debt and/or increased savings within the grant term. Resources Needed & Available: Available: Circles participants are offered free bank accounts through our banking partner, CreditOne. Those who do not have checking and savings accounts are encouraged to establish them. Financial literacy courses include sessions on savings, budgeting, debt reduction/consolidation, credit repair, and more. One cohort of 13 Boynton Circles graduates were chosen to participate in the pilot launch of our Savings Match Initiative in October 2024 where they set long-term savings goals and developed healthy savings habits. Outcomes are currently assessed at graduation and the 6, 12, and 18 month mark of program participation. Needed: Our Savings Match Initiative was launched in 2024 with funding from Quantum Foundation, Jim Moran Foundation, and in 2025 Secured Futures Foundation. The intention is to keep participants engaged beyond the initial Circle Leader training period and motivated to save towards their stated goals. This incentive also increases program retention and participant success. To date, two cohorts have been matched with great success: 81% of those who participated were able to successfully save and receive a match. 62% were matched at the full amount; in fact, all 62% of them saved OVER the match amount of $2,500- indicating to us they were truly saving for their larger stated goals and not just saving for the match. Two more cohorts are currently saving for their match (one of the two being a Boynton cohort). The initiative thus far has been a resounding success, however we are in need of additional funding dollars to support the sustainability of the initiative, and are actively pursuing grants and other resources. Start Date & Duration: 10/1/2025 & 12 months 19 745 G. PROJECT BUDGET Please list organization’s anticipated expenditures, detailing requested funds and additional funding. Please place C=Cash, I=In-Kind, O=Other Grants, D=Donations beside each amount under “Other Project Funds” to denote the type of funds being used. If funding request is for multiple programs/projects, please provide a separate PROJECT BUDGET for each program/project Line Item CDBG Funds Requested Other Project Funds Total Project Budget ADMINISTRATION: Personnel (#) 48,219 392,723 440,942 Payroll Taxes & Benefits 8,311 102,147 110,458 Office Supplies 10,002 10,002 Copy Supplies 15,003 15,003 Professional Services fee 70,337 70,337 Other (postage) 500 500 Other (telephone) 3,280 3,280 Other (insurance) 913 913 Other (facility) 10,553 10,553 Other (travel/transportation) 12,229 12,229 Other (admin 10%) 81,774 81,774 PROGRAM: Other (program supplies) 13,752 13,752 Other (conference/professional development) 11,601 11,601 Other (sponsored events, license fees, certifications, etc) 19,002 19,002 Other (food) 16,670 16,670 Other (specific assistance to individuals, Savings Match) 82,503 82,503 TOTALS 56,530 842,989 899,519 Notes: 1. Professional services fees includes: bookkeeping, accounting, social media, website, IT support, program evaluation. 2. Facility fees include rent, utilities, building maintenance, equipment rentals 20 746 H. ORGANIZATION CAPACITY (Provide a detail description of each) 1. Is the organization adequately staffed and trained? 2. Explain how this program fits the organization’s mission? 3. Please explain the organization’s experience with the proposed project? 4. Staffing Capacity: Who works on the project directly and indirectly? 5. Does the organization have written policies and procedures? How often are these policies and procedures updated? Provide a brief list of the topics covered in the organization’s policies and procedures. The City of Boynton Beach may request a copy for review during the application and award process or as part of the grant monitoring process. (Attach additional sheets if necessary) 1. Our organization as a whole is adequately staffed. We have 15 full-time employees and 6 part-time employees; we average over 5,000 volunteer hours annually. Our team is diverse and committed to our community. The Circles Program, in particular, has 3 full-time and 8 part-time employees. Circles is staffed by a full-time Program Director, a full-time Recruitment & Data Management Specialist, and both a full-time and part-time Case Manager, serving both English and Creole-speaking populations, with oversight and support from our Chief Program Officer. Circles has a part-time Outreach specialist and four part-time Coaches, who guide individual Circle Leaders through their training and offer 1:1 support, also facilitating their eventual “match” with a well-aligned Ally. A part-time Family Specialist provides care for our Circle Leaders’ children while they attend classes, and implements our customized “Circles for Youth” curriculum, featuring tailored and developmentally appropriate lessons for youth ages 6 to 18. We ensure that all of our staff are continuously trained in their respective domain areas. Staff attend annual professional development opportunities, including trainings on topics such as Race Equity, Trauma Informed Care, Adverse Childhood Experiences, Cultural Competency, and various Circles-specific trainings offered by CirclesUSA. Circles staff also receive annual training by a team of external data consultants on the importance of data collection and tracking for program evaluation. When funds allow, P2P sends Circles staff to the annual CirclesUSA conference and Children’s Week Tallahassee. We are an Accredited agency by Nonprofits First, receiving the highest level for 10 consecutive years. For the past 15 years, this agency has continuously and consistently delivered the high-quality programming we are known for in the Boynton Beach community. 2. Pathways to Prosperity’s mission is to strengthen the community by improving the social, mental, spiritual, economic and emotional well-being of children and families through education and social services. The Circles model understands that the strength of the community as a whole is dependent on the stability of the families and households in the community. Circles uses a combination of education, social services, social connections and emotional wellbeing to support people on a path out of poverty. Our other programs support people in their lives today, but Circles is unique in that it helps “transition” people beyond poverty, into sustainability and long-term success. It is a transformative experience. It is, indeed, a Pathway to Prosperity. 21 747 3. Pathways to Prosperity was established in September 2010 and in 2014 was invited by the Town of Palm Beach United Way to pursue the Circles model as a path to self-sufficiency. P2P accepted the challenge to be the lead agency to bring Circles to Palm Beach County. We partnered with CSC ’s BRIDGES of Palm Beach County initiatives to recruit Circle Leaders and launch the program. We have held a contract with the Children’s Services Council of Palm Beach County for the past 15 years and they have consistently provided funding for the Circles Program. For the past 9 years we have held a contract with Palm Beach County Financially Assisted Agencies (FAA), and for 6 years have served as an FAA Securing Our Future Initiative (SOFI) provider under contract with Palm Beach County Community Services Division to bring the Circles model specifically to families with children at home under 18 years old whose income is, at most, 80% of the federal poverty level. Over the years, we have developed a responsive program, a solid team, supportive funding partners, trusting community members and volunteers, and an expansive network of partners and resources. We have successfully administered this program for over a decade, serving 100 families each year, with consistent results. In December, P2P’s CEO Kemberly Bush was invited to serve as moderator/panelist at the Securing Our Future Palm Beach County Economic Mobility Summit for the 2nd year, where she presented the Circles model to attendees. The exposure garnered from this experience, plus the emerging research in the economic mobility sector spearheaded by researchers such as Dr. Raj Chetty of Harvard and Dr. Camille Bussette of Brookings Institute, has brought attention and accolades to the Circles model and P2P. In 2023, Ms. Bush was awarded with the President Joseph R. Biden 2023 Lifetime Achievement Award. Established in 2004 by executive order of President George W. Bush, the award is designated for individuals who have volunteered more than 4,000 hours of service to communities across the country, recognizing the service and civic contributions of Americans to their local communities and overall nation. This award remains to be the highest honor in the President ’s Volunteer Service Award system. In 2024, Circles PBC was invited to bring its model to the West Palm Beach and Delray communities, in partnership with The Quantum Foundation and Shared Future Foundation. P2P is continuously engaged in conversations with a number of new potential program partners in Palm Beach County with the goal of bringing the Circles program to additional under-served families living in poverty. Even still, Circles PBC is, at its core, a Boynton-based program, having been funded with City of Boynton Beach CDBG dollars since 2017 and committed to its residents. As a longtime grantee, we remain steadfast in our commitment to this community and will continue to serve our Boynton residents until we have achieved our goal of eradicating poverty. Undoubtedly, P2P is seen as an emerging leader in the local non-profit sector, with both the experience and results to demonstrate the agency ’s capacity to execute high-quality programming which promotes upward economic mobility. 22 748 Woonolph Esthema Circles Coach .5 FTE Natacha Jules-Beaubrun ___________________________________________________________________________________________________________________________________________________________________________________________________________Cameron Simmons Circles Coach .5 FTE Ontario Johnson Circles Coach.5 FTE Jonathan Beauburn Princess Innes Site Admin/Bridges Asst.Director1 FTE Hallie Balbuena Bridges Director 1 FTE Woonolph Esthema Ricky Petty Healthier BoyntonBeach Project Director1 FTE Bentoria Murray Healthy Aging Program Manager 1 FTE Felica Hester Bridges ExecutiveAssistant 1 FTE Rita SimmonsChild DevelopmentSpecialist1 FTE Kenya Madison Healthier Delray ProjectDirector1 FTE Tara Hails Chief Program Officer1 FTE Kemberly Bush CEO/Executive Director 1 FTE Shirley Graham Child Watch .5 FTE Gerard McKently Outreach CoordinatorBridges/Circles 1 FTE Richard Dames Circles Director1 FTE Esther Pierre-Hertilus Case Manager1 FTEParent Coach 1 FTE Navigator .5 FTE Organizational Chart: Pathways to Prosperity Recruitment and DataManagement Specialist 1 FTE Dana Agustin Circles Coach .5 FTE Randi Marks Case Manager .5 FTE Norice Sanders Family Care Specialist .5 FTE 749 4. Kemberly Bush (CEO) - As the Executive Director and Co-Founder of Pathways to Prosperity, Ms. Bush is charged with the agency’s mission to strengthen the community by improving social, mental, spiritual, economic, and emotional well-being of children and families in Palm Beach County. She is a native of Palm Beach County and has worked in the field of social work for over 30 years. She is committed to serving in her community, and is an active board member of the Transitional Outreach Program, Genesis Community Health, Co-founder of From the Ground Up Consulting Group, Boynton Beach Chamber of Commerce, and the Black Chamber of Commerce of Palm Beach County. Kemberly’s vision is to develop Pathways to Prosperity into a model program that is embraced by the community and ensures that children and families reach their full potential. Kemberly provides general oversight and leadership for the Circles initiative. She provides staff supervision and evaluation as well as reviews program outcomes and participant evaluations, oversees budgeting and program development. Tara Hails (Chief Program Officer) - Tara provides oversight of the Circles program, ensuring deliverables are met, verifying, gathering and disseminating data and outcomes to funders and other stakeholders, and facilitates marketing, recruitment and hiring of Circles staff. Tara supervises the Circles Director, monitors and tracks program expenditures, submits for reimbursement and allocates funds to appropriate and allowable programs based on funder requirements. Tara joined P2P in 2011 under our BRIDGES program after an extensive career in the banking and insurance industries. She has provided administrative oversight of the Circles program for the past 9 years. Richard Dames (Circles Director) - Pastor Dames moved into the Circles Director after serving as Pathways to Prosperity’s Case Manager for the past year. Pastor Dames has been the Senior Pastor of Hopewell Missionary Baptist Church with a decades-long background as a community leader and advocate in Boynton Beach. He has a proven track record of success in various roles including Case Management and non-profit program oversight and supervision. For the past 10 years, Pastor Dames has served on the 25-member Boynton Beach Coalition of Clergy, as well as Faith in Florida and Souls to the Polls. He was instrumental in rebuilding trust with law enforcement and healing the community after incidents of conflict and violence. In 2023, he received the Joseph Biden Lifetime Achievement Community Leader Award for dedicating countless hours of service to the community. As the Circles Director, Pastor Dames’ responsibilities include marketing/recruiting, sharing the Circles Program and success stories and building relationships with prospective funders and program partners. He is responsible for recruiting, organizing, managing and supporting the leadership of various volunteer groups, including Circles Allies and the 12-person Guiding Coalition. Natacha Jules-Beaubrun (Recruitment & Data Management Specialist) - Natacha has been a part of the Circles team since 2023. After working at Kings County Hospital in New York City as an Assistant Coordinating Manager for Behavioral Health Risk Management Department for 18 years, she decided to relocate to the sunny state of Florida. In her time here in Palm Beach County, she has volunteered for Circles and assisted in the application process for our Circle Leaders. As the Recruitment & Data Management Specialist, Natacha is responsible for data collection, entry, and management ensuring all client intake information and progress reports are accurately collected 24 750 and put into the proper systems. With Natacha’s background in Risk Management, she is also instrumental in maintaining our Policy and Procedures and helping the team strategize outreach opportunities as they pertain to contracts throughout the County. Marie Esther Pierre Hertilus (Case Manager & Recruitment Specialist) - Marie Esther joined the Circles team in 2024. Marie Esther aspires to provide comprehensive services to the Circle Leaders and their children. She maintains consistent, respectful interactions with the Circle Leaders. Marie Esther has extensive customer service and team management experience, working with both internal & external clients. Marie has dedicated much of her time volunteering & serving her community. She is trilingual, with an ability to speak English, Creole & Spanish. She is involved in a small group at her church and she is involved in several auxiliaries and is a community leader and advocate for the Haitian community of Boynton Beach. As the Circles Case Manager, Marie Esther is responsible for creating and maintaining community-based partnerships, and connecting Circle Leaders with wrap-around services and supports, such as food, housing, transportation, childcare, legal aid, and more. Randi Marks (Case Manager) - Randi is a Circles graduate from 2014. She accomplished all of the SMART goals that she established as a Circles Leader. She credits her Ally with holding her accountable to complete her education and receive a Bachelor's Degree in Legal Studies. Randi is currently employed full-time with the Federal Government Court Systems and works part-time with Circles as a Case Manager. Ontario (OJ) Johnson (Coach) - After graduating from the Art Institute of Fort Lauderdale, OJ worked as a Certified Practitioner of Financial Capability specializing in helping low-income households and individuals as they made their way from financial crisis to stability. He is a licensed real estate agent and small business owner, currently also working as a Community Organizer and Resident Services Manager for a non-profit real estate development firm. OJ serves as a member of the Mayor ’s Task Force for Racial and Ethnic Equality for the City of West Palm Beach and is a special strategic advisor to the Urban Institute in the areas of poverty and economic mobility. Cameron Simmons (Coach) - Cameron grew up in Boynton Beach, left to go to college, but returned to the community after graduation to provide assistance to the residents. Cameron is a full time teacher for the School District and a football coach for the Boynton Beach Bulldogs. He is a part-time Coach for Circles clients, where he facilitates training and offers 1:1 support to his Circle Leaders. Woonolph Esthema (Coach) - Hailing from Haiti, Woo holds a degree in electrical engineering from G.O.C. University. After relocating to the United States, he obtained an Associate of Arts degree in Computer Electronic Engineering. For the past 15 years, Woo has served as a Navigator for Bridges at Boynton Beach under the P2P umbrella of services. In this role, he continues his mission of guiding individuals toward valuable resources and opportunities that improve their lives, strengthen families, and promote long-term stability. Woonolph transitioned into his role as Circles Coach in 2023 because of his deep connection with the Boynton Haitian community, and is largely responsible for the success of our Boynton-based Creole-speaking Circles cohorts. 25 751 Dana Agustin (Coach) - Dana has been with Circles since 2023, where she started as a Circle Leader and became a Circles graduate in December 2023. She has worked with NYU Langone Health as an Assistant Coordinator since 2021. She joined the Circles team as a Coach in 2025. Dana is passionate about guiding individuals through personal and professional growth. With a strong background in facilitation, coaching, and group dynamics, she helps create a safe and supportive space for meaningful conversations. Through active listening and insightful guidance, She believes in the power of shared experiences to inspire transformation and growth. Gerard McKently (Outreach) - Gerard has deep contacts within Palm Beach County. He established the Circles Guiding Coalition, composed of local leaders to ensure that we continue to market the initiative and highlight its many successes. He also conducts outreach & training for our volunteer Allies. Gerard formerly worked with South County Mental Health providing case management services throughout Palm Beach County. He has a Bachelor's Degree in Music Education. Norice Sanders (Family Specialist) - Norice is a South Florida native and holds a Bachelor ’s Degree from Albany State University. She has worked in the social service sector for the past 15 years- eleven of which have been at P2P. Norice started as our BRIDGES Afterschool Assistant Director, transitioning to Parent Coach in 2013, Site Administrator in 2016, and Recruitment & Data Management Specialist in 2022. Today, Norice serves as our Family Specialist, assisting with the youth component of Circles, providing a safe and engaging atmosphere for youth while their parents/guardians are in a Circles-related activity. Norice actively engages youth, utilizes age-appropriate activities, and implements an appropriate behavior management approach that encourages responsibility and social competencies in a non-punitive manner. 5. Yes, the organization has written policies and procedures. Policies and procedures are reviewed annually by the full board of directors at the annual board meeting, held on the last Thursday of November. Some topics covered include: Responsibility Individual Personnel Files NonDiscrimination Employee Status and Benefits Eligibility Compensation Benefits Employee Development Daily Attendance & Tardiness Drug Free Workplace Whistleblower Policy Confidentiality Policy Trauma-Informed Care Workplace Violence Communications with the Media Standard Operating Procedures for Program Staff Data Collection Procedures for Program Staff Code of Conduct/Termination of Employment Office Security E-mail Health and Safety Outside Employment Personal Mail Personal Telephone Calls 26 752 APPLICANT CAPACITY (cont.) 6. Will all CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding? Provide a brief description of the organization’s policies and procedures that ensure funds will be tracked appropriately. 7. Is the organization’s financial management system able to track actual expenditures and outlays with budgeted amounts for each grant or subgrant? Provide a brief summary of the organization’s process for tracking expenditures, including tracking budgeted versus actual amounts. 8. Does the organization have effective internal controls in place to ensure that federal funds are used solely for authorized purposes? Provide a brief description of the applicant ’s internal controls that will provide reasonable assurance that the award funds will be managed properly. 9. Does the organization have a documented records retention policy? If so, briefly describe the policy and confirm that the policy complies with federal regulations. Information on Records Retention and Access can be found at 2 C.F.R § 200.333- 200-337. (Attach additional sheets if necessary) 6. Yes. Each grant is set up with its own account and grant-related expenditures are all tracked as such. We use Quickbooks Plus to manage all revenues and expenses. QuickBooks provides for separate, self-balancing sets of accounts, in accordance with Generally Accepted Accounting Principles and Procedures (GAPP) for Nonprofits. An Independent Audit is performed annually. We hold multiple government contracts and have held and successfully executed multiple contracts with the City of Boynton Beach. We are accredited by NonProfits First with a rating of “Excellence”; and a rating of “Give with Confidence” and a score of 100 out of 100 by Charity Navigator. 7. Yes. Office expenditures requested by staff are presented in writing with a vendor ’s quote, then reviewed and approved by the Chief Operating Officer first. We submit check requests weekly to the bookkeeper for reimbursements. The CEO signs off on checks produced. Financial statements are produced monthly and provide a breakdown of income and expenses by programs that follow revenue and disbursements, prepared in accordance with GAAP and standards of accounting and reporting established specifically for non-profit organizations. The general ledger is used to accumulate all financial transactions and is supported by subsidiary ledgers that provide details for certain accounts in the general ledger. Budgeted amounts per line item are recorded. Monthly reports of budgeted v actual are provided to the Board of Directors. Quarterly financial updates are reviewed with management-level program staff to review allowable program expenditures. 8. Yes. We have internal controls to serve as checks and balances to reduce the risks of misuse and misappropriation of assets, including strong physical controls, separation of duties, 25 transparency and periodic/surprise reviews. Internal controls address individuals in 4 areas: those with access to assets; those with access to accounting systems & accounting records; those in management or control positions; and those exercising independent oversight, including our Board of Directors. Some internal control policies include requiring two signatures on all checks, advance approval for expenditures and reimbursements, two people count cash, background 27 753 checks are conducted for anyone with money handling responsibilities. Cash and financial documents are kept in a locked drawer in a locked office. Procedures are specified for how to handle an allegation of misuse or misappropriation of assets. 9. Yes. To provide an accurate and auditable record of all financial transactions, the organization’s books, records, and accounts are maintained in conformity with Generally Accepted Accounting Principles and Procedures (GAPP). Records will be maintained for the periods sufficient to satisfy IRS regulations and other legal needs as may be determined. Record retention requirements are reviewed annually with legal counsel and independent auditors to determine any necessary changes. 28 754 I. Conflict of Interest Federal law (24 CFR 570.611) prohibits persons who exercise or who have exercised any functions or responsibilities with respect to the above grant; or who are in a position to participate in a decision making process or to gain inside information with regard to such activities, may obtain a financial interest or benefit from an assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 1. Is there any member of the applicant ’s staff, member of the applicant ’s Board of Directors, or office who currently is or has/have been within one year of the date of this application a City employee, or a member of the City Commission? Yes No If yes, please list names: 2. Is there any member of the applicant ’s staff, member(s) of the Board of Directors, or officer(s) who are business partners or immediate family of a City employee, or a member of the City Commission? Yes No If yes, please list names: 3. Will the funds requested by the applicant be used to pay the salaries of any of the applicant ’s staff or award a subcontract to any individual who is or has been within one year of the date of this application a City employee, or a member of the City Commission? Yes No If yes, please list names: 29 755 756 Table of Contents: Attachment 1 1. Agency Articles of Incorporation 2. Agency By-laws 3. Tax Documents 757 758 759 P2P BYLAWS AMENDED 08/27/20 PATHWAYS TO PROSPERITY, INC. BYLAWS ARTICLE I – NAME & PURPOSE SECTION 1: The name of the organization is called Pathways to Prosperity, Inc. SECTION 2: Pathways to Prosperity program shall operate as a program of St. John Missionary Baptist Church and is a 501C3 organization whose sole purpose is to provide services to communities which include, but are not limited to: case management, adult and youth education, life skills training, employment placement and retention training, budgeting and finance classes, youth after school programs and other social activities. ARTICLE II – BOARD MEMBERS SECTION 1: The Board of Directors shall have the right to deny, or terminate, the membership of another board member according to the Board policies. SECTION 2: Each voting member of Pathways to Prosperity Board of Directors has one vote per scheduled meeting. ARTICLE III – MEETINGS OF BOARD OF DIRECTORS SECTION 1: The Board will meet 6 times per year. The dates of the meetings shall be set by the Board of Directors who shall also set the time and place. SECTION 2: Special meetings. Special meetings may be called by the chairperson, the Executive committee, or a simple majority of the Board of Directors. SECTION 3: Notice. Notice of each meeting shall be given to each voting member by mail and/or email. Each Board Member is distributed an annual calendar of scheduled meetings for each year. Read ahead documents will be forwarded via e-mail to each Board Member within 48 hours of upcoming Board meeting. ARTICLE IV – BOARD OF DIRECTORS SECTION 1: Board role, size, composition. The Board is responsible for overall policy and direction of Pathways to Prosperity programs, and delegate responsibility day to day operations 760 P2P BYLAWS AMENDED 08/27/20 to the CEO/ Executive Director and staff. The Board shall have up to 12, and no less than five members. The Board receives no compensation other than reasonable expenses. SECTION 2: Meetings. The Board shall meet at least 6 times during the year at an agreed upon time and place. SECTION 3: Board Elections. Elections shall be held at the end of every year in accordance with the Board members term. SECTION 4: Board Governance Committee. A Board Governance Committee shall be appointed by the Board to represent diverse aspects of the organization as needed. The Board Governance Committee shall meet as necessary. The Board Governance Committee shall be responsible for Board training and leadership development. SECTION 5: Board Fund Development Committee. A Board Fund Development Committee shall meet as necessary and is responsible for researching and presenting to Board of Directors suggestions for Activities and Events to generate funding for the agency. SECTION 6: Election Procedures. The Board of Directors will vote on potential Board members, Officers and Committee members on the recommendation of the Board Governance Committee. The election will be held in accordance with the election procedures established by the Board of Directors. SECTION 7: Terms. All Board members shall serve three year terms, but are eligible for re- election. However, no Board member shall serve more than (3) three year terms, unless agreed upon by full Board. SECTION 8: Quorum. A quorum must be attended by at least 60 percent of the Board members before business can be transacted or motions made or passed. SECTION 9: Notice. Notice of each meeting shall be given to each voting member by mail and/ or e-mail. Each Board Member will be distributed an annual calendar of scheduled meetings for each year. Read ahead board documents will be forwarded vial e-mail to each Board Member within 48 hours of upcoming meeting. SECTION 10: Officers and Duties. There shall be four officers of the Board consisting of a Chair, Vice–chair, Secretary, and Treasurer. The Chair shall convene regularly scheduled Board meetings, shall preside or arrange for other members of the Executive committee to preside at each meeting in the following order: Vice–chair, Secretary or Treasurer. The Vice–chair will chair committees on special subjects as designated by the Board. The Secretary shall be responsible for keeping records of Board actions, including overseeing the taking of minutes at 761 P2P BYLAWS AMENDED 08/27/20 all Board meetings, sending out meeting announcements, distributing copies of minutes and the agenda to each Board member, and assuring that corporate records are maintained. The Treasurer shall make a report at each Board meeting. The Treasure r shall chair the finance committee, assist in the preparation of the budget, help develop fund raising plans , and make financial information available to Board members. SECTION 11: Vacancies. When a vacancy on the Board exists, nominations for new members may be received from the Board Governance Committee two weeks in advance of a Board meeting. These nominations shall be sent out through the Board Governance Committee to Board members with the regular Board meeting announcement to be voted upon at the next meeting. All vacancies will be filled only to the end of the particular Board member’s term. SECTION 12: Resignation, Termination, and Absences. Resignation from the Board must be in writing and received by Secretary. A Board member can be dropped for excess absences from the Board if he or she has three unexcused absences from Board meetings in a year. A Board member may be removed for other reasons by a majority vote of the remaining directors. SECTION 13: Special Meetings. Special meetings of the Board shall be called upon the request of the chair or one-third of the Board. Notices of special meetings shall be sent out by the Secretary to each Board member post marked two weeks in advance or as early as possible. ARTICLE V – COMMITTEES SECTION 1: The Board may create committees as needed. There shall be four standing committees – Executive, Fund Development, Finance/Audit, and Governance Committees. The Board chair appoints all committee chairs. Committee chairs must be members of the Board. SECTION 2: The four officers serve as the members of the Executive Committee. The Executive Committee shall review the performance of the Executive Director. Except for the power to amend the Articles of Incorporation and Bylaws, the Executive Committee shall have all of the powers and authority of the Board of Directors in the intervals between meetings of the Board of Directors, subject to the direction and control of the Board of Directors. SECTION 3: Finance/Audit Committee. The Treasurer shall serve on the Finance Committee, which includes two other Board members. The Finance Committee is responsible for developing and reviewing fiscal procedures, and annual budget, and all expenditures must be within the budget. Any major change in the budget must be approved by the Board or the Executive Committee. The fiscal year shall be October to September. Quarterly reports are required to be submitted to the Board showing income, expenditures and pending income. 762 P2P BYLAWS AMENDED 08/27/20 SECTION 4: Executive Committee and Hiring Policy. The Executive Board is responsible for hiring the Executive Director. The Executive Director is responsible for hiring and supervising other staff. The Executive Committee shall operate as a grievance committee, and is responsible for developing a personnel policy. SECTION 5: Board Governance Committee. The Board Governance Committee responsibilities are spelled out according to Article IV Section 4. ARTICLE VI – DIRECTOR AND STAFF Section 1: Executive Director. The Executive Director is hired by the Board Executive Committee. The Executive Director has day to day responsibility for the organization including carrying out the organization’s goals and Board policy. The Executive Director will attend all Board meetings, report on the progress of the organization, answer questions of Board members and carry out the duties described in the job description. The Board can designate other duties as necessary. ARTICLE VII – AMENDMENTS SECTION 1: These Bylaws may be amended when necessary by the majority of the Board of Directors. Proposed amendments must be submitted to the Secretary to be sent out with regular Board announcements. These Bylaws will be reviewed at least every 3 years by the Board of Directors. 763 Form990 Department of the Treasury Internal Revenue Service Return of Organization Exempt From Income Tax Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except private foundations) Do not enter social security numbers on this form as it may be made public. Go to www.irs.gov/Form990 for instructions and the latest information.Open to Public Inspection OMB No. 1545-0047 2022 Part I Summary 1 Briefly describe the organization’s mission or most significant activities: TO IMPROVE THE SOCIAL, SPIRITUAL, ECONOMIC AND EMOTIONAL WELL BEING OF CHILDREN AND FAMILIES THROUGH EDUCATION AND SOCIAL SERVICES. 2 Check this box 3 Number of voting members of the governing body (Part VI, line 1a) ........3 10 4 Number of independent voting members of the governing body (Part VI, line 1b) .....4 10 5 Total number of individuals employed in calendar year 2022 (Part V, line 2a) ......5 18 6 Total number of volunteers (estimate if necessary) .............6 100 7a Total unrelated business revenue from Part VIII, column (C), line 12 ........7a 0 b Net unrelated business taxable income from Form 990-T, Part I, line 11 .........7b Prior Year Current Year 8 Contributions and grants (Part VIII, line 1h) .........1,058,187 1,972,530 9 Program service revenue (Part VIII, line 2g) ......... 0 10 Investment income (Part VIII, column (A), lines 3, 4, and 7d ) .... 0 11 Other revenue (Part VIII, column (A), lines 5, 6d, 8c, 9c, 10c, and 11e) 0 12 Total revenue—add lines 8 through 11 (must equal Part VIII, column (A), line 12)1,058,187 1,972,530 13 Grants and similar amounts paid (Part IX, column (A), lines 1–3 )...20,000 30,000 14 Benefits paid to or for members (Part IX, column (A), line 4)..... 0 15 Salaries, other compensation, employee benefits (Part IX, column (A), lines 5–10)842,698 1,046,063 16a Professional fundraising fees (Part IX, column (A), line 11e) ..... 0 b Total fundraising expenses (Part IX, column (D), line 25) 0 17 Other expenses (Part IX, column (A), lines 11a–11d, 11f–24e)....389,614 536,635 18 Total expenses. Add lines 13–17 (must equal Part IX, column (A), line 25)1,252,312 1,612,698 19 Revenue less expenses. Subtract line 18 from line 12 .......-194,125 359,832 Beginning of Current Year End of Year 20 Total assets (Part X, line 16).............381,576 758,521 21 Total liabilities (Part X, line 26).............355,825 372,938 22 Net assets or fund balances. Subtract line 21 from line 20 .....25,751 385,583 Part II Signature Block efile Public Visual Render ObjectId: 202401709349301110 - Submission: 2024-06-18 TIN: 27-3550271 A For the 2022 calendar year, or tax year beginning 10-01-2022 , and ending 09-30-2023 B Check if applicable: Address change Name change Initial return Final return/terminated Amended return Application pending C PATHWAYS TO PROSPERITY INC Name of organization Doing business as 639 EAST OCEAN AVENUE 101 Number and street (or P.O. box if mail is not delivered to street address)Room/suite BOYNTON BEACH, FL 33435 City or town, state or province, country, and ZIP or foreign postal code D Employer identification number 27-3550271 E Telephone number (561) 903-7743 G Gross receipts $ 1,972,530 F Name and address of principal officer: Maguene Cadet 639 EAST OCEAN AVENUE 101 BOYNTON BEACH,FL 33435 I Tax-exempt status: 501(c)(3) 501(c) ( ) (insert no.) 4947(a)(1) or 527 J Website:N/A H(a)Is this a group return for subordinates? Yes No H(b)Are all subordinates included?Yes No If "No," attach a list. See instructions. H(c)Group exemption number K Form of organization: Corporation Trust Association Other L Year of formation: 2010 M State of legal domicile: FL Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has k l d 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 1/32764 Paid Preparer Use Only Print/Type preparer's name Preparer's signature Date Check if self-employed PTIN P00530555 Firm's name FUOCO GROUP LLP Firm's EIN 20-0268717 Firm's address 200 PARKWAY DR S STE 302 HAUPPAUGE, NY 11788 Phone no. (631) 360-1700 Part III Statement of Program Service Accomplishments Check if Schedule O contains a response or note to any line in this Part III .............. 4a 4b any knowledge. Sign Here 2024-06-18 Signature of officer Date Maguene Cadet Chairman Type or print name and title May the IRS discuss this return with the preparer shown above? See Instructions. ..........Yes No For Paperwork Reduction Act Notice, see the separate instructions.Cat. No. 11282Y Form 990 (2022) Page 2 Form 990 (2022)Page 2 1 Briefly describe the organization’s mission: TO IMPROVE THE SOCIAL, SPIRITUAL, ECONOMIC AND EMOTIONAL WELL BEING OF CHILDREN AND FAMILIES THROUGH EDUCATION AND SOCIAL SERVICES. 2 Did the organization undertake any significant program services during the year which were not listed on the prior Form 990 or 990-EZ? .....................Yes No If "Yes," describe these new services on Schedule O. 3 Did the organization cease conducting, or make significant changes in how it conducts, any program services? ...........................Yes No If "Yes," describe these changes on Schedule O. 4 Describe the organization’s program service accomplishments for each of its three largest program services, as measured by expenses. Section 501(c)(3) and 501(c)(4) organizations are required to report the amount of grants and allocations to others, the total expenses, and revenue, if any, for each program service reported. (Code: ) (Expenses $ 1,523,372 including grants of $ 30,000 ) (Revenue $ ) This year we hosted our Inaugural Haitian Heritage Festival at the Sara Sims Park in Boynton Beach. We had over 800 people in attendance and received recognition from Palm Beach County Commissioners, City of Boynton Beach Council Members and State Senator Bobby Powell. Participants were able to engage with over 25 local agencies that provide services and there was 11 food vendors and fun activities for all ages. There was also giveaways and 200 participants received gift cards.We partnered with local businesses and hosted a Christmas Holiday in the Park. We were able to provide over 350 families with 1200 toys including bicycles, skateboards, helmets, scooters, etc. for the children in their families. Additionally, each family was able to leave with a professional photo with Santa.We hosted a Thanksgiving Giveaway and we gave out over 400 Food Baskets with Turkeys and all the trimmings. Additionally, families were provided with Gift Cards to local grocery stores.Through our Economic Mobility program, Circles Palm Beach County, we had 225 families transition from incomes below the federal poverty level to self-sufficiency. Six (6) families purchased homes, 119 families increased their assets, 179 families reduced their debt and increased their credit scores and 6 families started their own businesses. These families are now serving in their respective communities by volunteering at local agencies and churches, attending City government meetings and encouraging others to get involved.We partnered with a local fraternity, Omega Psi Phi Foundation, and the City of Boynton Beach which provided funding through their Community Development Block Grant Funds. This partnership allowed us to leverage the $49,000 received from the City and provide over $175,000 of home repairs and beautification to homes owned by senior citizens in the City that had code violations because they could not afford the repairs. We were able to provide this service to 12 homes in the community. Omega Psi Phi Foundation volunteered over 2000 hours to complete this work.Through our Healthier Boynton Beach (HBB) initiative which is focused on partnering with community leaders and local organizations to host activities and events that focus on health and wellness and access to resources for Family Caregivers, we hosted our 7th Annual Caregivers Luncheon. We had 145 participants in attendance and 22 sponsors. The event was held at Benvenuto Restaurant and hosted by Rod- Z, who entertain the caregivers with his comedy songs and dancing. Music and sounds were provided by the J Sharp Band and they were entertaining and enjoyable. Eleven vendors were present to provide resources and information to caregivers.HBB partnered with the City of Boynton Beach on the month long Lets Move: Commit to Change Physical Activity challenge. The county-wide initiative took place in during the month of March with a focus to increase physical activity and encourage better nutrition and healthy behaviors. Boynton Beach residents were invited to join the HBB and City of Boynton Beach Lets Move team by committing to at least 30 minutes of activity each day. From all across Palm Beach County, HBB was one of many teams to participate in the March 1- 31st 2023 campaign, logging 172,270 minutes of walking, running, Zumba dancing and a variety of virtual activities to take charge of their health.We hosted three (3) Mental Health First Aid trainings to over 60 community providers and residents. They became better equipped to recognize the signs and symptoms of mental health challenges; how to offer initial support, and guide individuals towards appropriate resources and professional help. The training empowered the community providers and residents to respond effectively to mental health crises. (Code: ) (Expenses $ including grants of $ ) (Revenue $ ) 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 2/32765 4c 4d 4e Form 990 (2022) (Code: ) (Expenses $ including grants of $ ) (Revenue $ ) Other program services (Describe in Schedule O.) (Expenses $ including grants of $ ) (Revenue $ ) Total program service expenses 1,523,372 Page 3 Form 990 (2022)Page 3 Part IV Checklist of Required Schedules Yes No 1 Is the organization described in section 501(c)(3) or 4947(a)(1) (other than a private foundation)? If "Yes," complete Schedule A .....................1 Yes 2 Is the organization required to complete Schedule B, Schedule of Contributors? See instructions. ...2 Yes 3 Did the organization engage in direct or indirect political campaign activities on behalf of or in opposition to candidates for public office? If "Yes," complete Schedule C, Part I .............3 No 4 Section 501(c)(3) organizations. Did the organization engage in lobbying activities, or have a section 501(h) election in effect during the tax year? If "Yes," complete Schedule C, Part II .........4 No 5 Is the organization a section 501(c)(4), 501(c)(5), or 501(c)(6) organization that receives membership dues, assessments, or similar amounts as defined in Rev. Proc. 98-19? If "Yes," complete Schedule C, Part III ..5 No 6 Did the organization maintain any donor advised funds or any similar funds or accounts for which donors have the right to provide advice on the distribution or investment of amounts in such funds or accounts? If "Yes," complete Schedule D,Part I .........................6 No 7 Did the organization receive or hold a conservation easement, including easements to preserve open space, the environment, historic land areas, or historic structures? If "Yes," complete Schedule D, Part II ....7 No 8 Did the organization maintain collections of works of art, historical treasures, or other similar assets? If "Yes," complete Schedule D, Part III .............. 8 No 9 Did the organization report an amount in Part X, line 21 for escrow or custodial account liability; serve as a custodian for amounts not listed in Part X; or provide credit counseling, debt management, credit repair, or debt negotiation services? If "Yes," complete Schedule D, Part IV ..............9 No 10 Did the organization, directly or through a related organization, hold assets in temporarily restricted endowments, permanent endowments, or quasi endowments? If "Yes," complete Schedule D, Part V ...... 10 No 11 If the organization’s answer to any of the following questions is "Yes," then complete Schedule D, Parts VI, VII, VIII, IX, or X, as applicable. a Did the organization report an amount for land, buildings, and equipment in Part X, line 10? If "Yes," complete Schedule D, Part VI. ...................11a Yes b Did the organization report an amount for investments—other securities in Part X, line 12 that is 5% or more of its total assets reported in Part X, line 16? If "Yes," complete Schedule D, Part VII .......11b No c Did the organization report an amount for investments—program related in Part X, line 13 that is 5% or more of its total assets reported in Part X, line 16? If "Yes," complete Schedule D, Part VIII .......11c No d Did the organization report an amount for other assets in Part X, line 15 that is 5% or more of its total assets reported in Part X, line 16? If "Yes," complete Schedule D, Part IX ............11d Yes e Did the organization report an amount for other liabilities in Part X, line 25? If "Yes," complete Schedule D, Part X 11e No f Did the organization’s separate or consolidated financial statements for the tax year include a footnote that addresses the organization’s liability for uncertain tax positions under FIN 48 (ASC 740)? If "Yes," complete Schedule D, Part X 11f No 12a Did the organization obtain separate, independent audited financial statements for the tax year? If "Yes," complete Schedule D, Parts XI and XII ......................12a Yes b Was the organization included in consolidated, independent audited financial statements for the tax year? If "Yes," and if the organization answered "No" to line 12a, then completing Schedule D, Parts XI and XII is optional 12b No 13 Is the organization a school described in section 170(b)(1)(A)(ii)? If "Yes," complete Schedule E 13 No 14a Did the organization maintain an office, employees, or agents outside of the United States? .....14a No b Did the organization have aggregate revenues or expenses of more than $10 000 from grantmaking fundraising 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 3/32766 Form 990 (2022) b Did the organization have aggregate revenues or expenses of more than $10,000 from grantmaking, fundraising, business, investment, and program service activities outside the United States, or aggregate foreign investments valued at $100,000 or more? If "Yes," complete Schedule F, Parts I and IV .........14b No 15 Did the organization report on Part IX, column (A), line 3, more than $5,000 of grants or other assistance to or for any foreign organization? If “Yes,” complete Schedule F, Parts II and IV .....15 No 16 Did the organization report on Part IX, column (A), line 3, more than $5,000 of aggregate grants or other assistance to or for foreign individuals? If “Yes,” complete Schedule F, Parts III and IV ...16 No 17 Did the organization report a total of more than $15,000 of expenses for professional fundraising services on Part IX, column (A), lines 6 and 11e? If "Yes," complete Schedule G, Part I. See instructions. ....17 No 18 Did the organization report more than $15,000 total of fundraising event gross income and contributions on Part VIII, lines 1c and 8a? If "Yes," complete Schedule G, Part II ............18 No 19 Did the organization report more than $15,000 of gross income from gaming activities on Part VIII, line 9a? If "Yes," complete Schedule G, Part III ...................19 No 20a Did the organization operate one or more hospital facilities? If "Yes," complete Schedule H ....20a No b If "Yes" to line 20a, did the organization attach a copy of its audited financial statements to this return?20b 21 Did the organization report more than $5,000 of grants or other assistance to any domestic organization or domestic government on Part IX, column (A), line 1? If “Yes,” complete Schedule I, Parts I and II .....21 No Page 4 Form 990 (2022)Page 4 Part IV Checklist of Required Schedules (continued) Yes No 22 Did the organization report more than $5,000 of grants or other assistance to or for domestic individuals on Part IX, column (A), line 2? If “Yes,” complete Schedule I, Parts I and III ........22 No 23 Did the organization answer "Yes" to Part VII, Section A, line 3, 4, or 5, about compensation of the organization’s current and former officers, directors, trustees, key employees, and highest compensated employees? If "Yes," complete Schedule J ....................... 23 No 24a Did the organization have a tax-exempt bond issue with an outstanding principal amount of more than $100,000 as of the last day of the year, that was issued after December 31, 2002? If “Yes,” answer lines 24b through 24d and complete Schedule K. If “No,” go to line 25a ...............24a No b Did the organization invest any proceeds of tax-exempt bonds beyond a temporary period exception?...24b c Did the organization maintain an escrow account other than a refunding escrow at any time during the year to defease any tax-exempt bonds? ...............24c d Did the organization act as an "on behalf of" issuer for bonds outstanding at any time during the year?...24d 25a Section 501(c)(3), 501(c)(4), and 501(c)(29) organizations. Did the organization engage in an excess benefit transaction with a disqualified person during the year? If "Yes," complete Schedule L, Part I ....25a No b Is the organization aware that it engaged in an excess benefit transaction with a disqualified person in a prior year, and that the transaction has not been reported on any of the organization’s prior Forms 990 or 990-EZ? If "Yes," complete Schedule L, Part I ....................... 25b No 26 Did the organization report any amount on Part X, line 5 or 22 for receivables from or payables to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entity or family member of any of these persons? If "Yes," complete Schedule L, Part II ........... 26 No 27 Did the organization provide a grant or other assistance to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or employee thereof, a grant selection committee member, or to a 35% controlled entity (including an employee thereof ) or family member of any of these persons? If "Yes," complete Schedule L,Part III ......................... 27 No 28 Was the organization a party to a business transaction with one of the following parties (see the Schedule L, Part IV instructions for applicable filing thresholds, conditions, and exceptions): a A current or former officer, director, trustee, key employee, creator or founder, or substantial contributor? If "Yes," complete Schedule L, Part IV ......................28a No b A family member of any individual described in line 28a? If "Yes," complete Schedule L, Part IV ..... 28b No c A 35% controlled entity of one or more individuals and/or organizations described in line 28a or 28b? If "Yes," complete Schedule L, Part IV .....................28c No 29 Did the organization receive more than $25,000 in non-cash contributions? If "Yes," complete Schedule M ..29 No 30 Did the organization receive contributions of art, historical treasures, or other similar assets, or qualified conservation contributions? If "Yes," complete Schedule M .................30 No 31 Did the organization liquidate, terminate, or dissolve and cease operations? If "Yes," complete Schedule N, Part I 31 No 32 Did the organization sell, exchange, dispose of, or transfer more than 25% of its net assets? If "Yes," complete Schedule N, Part II ........................32 No 33 Did the organization own 100% of an entity disregarded as separate from the organization under Regulations sections 301.7701-2 and 301.7701-3? If "Yes," complete Schedule R, Part I ............33 No 34 Was the organization related to any tax-exempt or taxable entity? If "Yes," complete Schedule R, Part II, III, or IV, and 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 4/32767 Part V Statements Regarding Other IRS Filings and Tax Compliance Check if Schedule O contains a response or note to any line in this Part V ........... Form 990 (2022) Part V Statements Regarding Other IRS Filings and Tax Compliance (continued) g y p y ,p ,,,, Part V, line 1 .........................34 Yes 35a Did the organization have a controlled entity within the meaning of section 512(b)(13)? 35a No b If ‘Yes’ to line 35a, did the organization receive any payment from or engage in any transaction with a controlled entity within the meaning of section 512(b)(13)? If "Yes," complete Schedule R, Part V, line 2 ...35b 36 Section 501(c)(3) organizations. Did the organization make any transfers to an exempt non-charitable related organization? If "Yes," complete Schedule R, Part V, line 2 .............36 No 37 Did the organization conduct more than 5% of its activities through an entity that is not a related organization and that is treated as a partnership for federal income tax purposes? If "Yes," complete Schedule R, Part VI 37 No 38 Did the organization complete Schedule O and provide explanations on Schedule O for Part VI, lines 11b and 19? Note. All Form 990 filers are required to complete Schedule O. ............38 Yes Yes No 1a Enter the number reported in box 3 of Form 1096. Enter -0- if not applicable ..1a 0 b Enter the number of Forms W-2G included on line 1a. Enter -0- if not applicable .1b 0 c Did the organization comply with backup withholding rules for reportable payments to vendors and reportable gaming (gambling) winnings to prize winners? ..................1c No Page 5 Form 990 (2022)Page 5 2a Enter the number of employees reported on Form W-3, Transmittal of Wage and Tax Statements, filed for the calendar year ending with or within the year covered by this return ..................2a 18 b If at least one is reported on line 2a, did the organization file all required federal employment tax returns?2b Yes 3a Did the organization have unrelated business gross income of $1,000 or more during the year?...3a No b If “Yes,” has it filed a Form 990-T for this year?If “No” to line 3b, provide an explanation in Schedule O ...3b 4a At any time during the calendar year, did the organization have an interest in, or a signature or other authority over, a financial account in a foreign country (such as a bank account, securities account, or other financial account)? ..4a No b If "Yes," enter the name of the foreign country: See instructions for filing requirements for FinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR). 5a Was the organization a party to a prohibited tax shelter transaction at any time during the tax year? ..5a No b Did any taxable party notify the organization that it was or is a party to a prohibited tax shelter transaction?5b No c If "Yes," to line 5a or 5b, did the organization file Form 8886-T? ............5c 6a Does the organization have annual gross receipts that are normally greater than $100,000, and did the organization solicit any contributions that were not tax deductible as charitable contributions? ... 6a No b If "Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible? ......................6b 7 Organizations that may receive deductible contributions under section 170(c). a Did the organization receive a payment in excess of $75 made partly as a contribution and partly for goods and services provided to the payor? .................... 7a No b If "Yes," did the organization notify the donor of the value of the goods or services provided? .....7b c Did the organization sell, exchange, or otherwise dispose of tangible personal property for which it was required to file Form 8282? .........................7c No d If "Yes," indicate the number of Forms 8282 filed during the year ....7d 0 e Did the organization receive any funds, directly or indirectly, to pay premiums on a personal benefit contract? 7e No f Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract? ..7f No g If the organization received a contribution of qualified intellectual property, did the organization file Form 8899 as required? ......................7g No h If the organization received a contribution of cars, boats, airplanes, or other vehicles, did the organization file a Form 1098-C? ..........................7h No 8 Sponsoring organizations maintaining donor advised funds. Did a donor advised fund maintained by the sponsoring organization have excess business holdings at any time during the year? ........8 9 Sponsoring organizations maintaining donor advised funds. a Did the sponsoring organization make any taxable distributions under section 4966?........9a b Did the sponsoring organization make a distribution to a donor, donor advisor, or related person?...9b 10 Section 501(c)(7) organizations. Enter: a Initiation fees and capital contributions included on Part VIII line 12 10a 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 5/32768 Form 990 (2022) a Initiation fees and capital contributions included on Part VIII, line 12 ...10a b Gross receipts, included on Form 990, Part VIII, line 12, for public use of club facilities 10b 11 Section 501(c)(12) organizations. Enter: a Gross income from members or shareholders .........11a b Gross income from other sources. (Do not net amounts due or paid to other sources against amounts due or received from them.) ..........11b 12a Section 4947(a)(1) non-exempt charitable trusts. Is the organization filing Form 990 in lieu of Form 1041?12a b If "Yes," enter the amount of tax-exempt interest received or accrued during the year.12b 13 Section 501(c)(29) qualified nonprofit health insurance issuers. a Is the organization licensed to issue qualified health plans in more than one state?......... Note. See the instructions for additional information the organization must report on Schedule O. 13a b Enter the amount of reserves the organization is required to maintain by the states in which the organization is licensed to issue qualified health plans ....13b c Enter the amount of reserves on hand ............13c 14a Did the organization receive any payments for indoor tanning services during the tax year?.....14a No b If "Yes," has it filed a Form 720 to report these payments?If "No," provide an explanation in Schedule O ..14b 15 Is the organization subject to the section 4960 tax on payment(s) of more than $1,000,000 in remuneration or excess parachute payment(s) during the year? .................... If "Yes," see the instructions and file Form 4720, Schedule N. 15 No 16 Is the organization an educational institution subject to the section 4968 excise tax on net investment income? .. If "Yes," complete Form 4720, Schedule O.16 No 17 Section 501(c)(21) organizations. Did the trust, or any disqualified or other person engage in any activities that would result in the imposition of an excise tax under section 4951, 4952, or 4953? .. If "Yes," complete Form 6069. 17 Page 6 Form 990 (2022)Page 6 Part VI Governance, Management, and Disclosure. For each "Yes" response to lines 2 through 7b below, and for a "No" response to lines 8a, 8b, or 10b below, describe the circumstances, processes, or changes in Schedule O. See instructions. Check if Schedule O contains a response or note to any line in this Part VI .............. Section A. Governing Body and Management Yes No 1a Enter the number of voting members of the governing body at the end of the tax year 1a 10 If there are material differences in voting rights among members of the governing body, or if the governing body delegated broad authority to an executive committee or similar committee, explain in Schedule O. b Enter the number of voting members included in line 1a, above, who are independent 1b 10 2 Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other officer, director, trustee, or key employee? .................2 No 3 Did the organization delegate control over management duties customarily performed by or under the direct supervision of officers, directors or trustees, or key employees to a management company or other person? .3 No 4 Did the organization make any significant changes to its governing documents since the prior Form 990 was filed? .4 No 5 Did the organization become aware during the year of a significant diversion of the organization’s assets? .5 No 6 Did the organization have members or stockholders? ................6 No 7a Did the organization have members, stockholders, or other persons who had the power to elect or appoint one or more members of the governing body? ....................7a No b Are any governance decisions of the organization reserved to (or subject to approval by) members, stockholders, or persons other than the governing body? ................... 7b No 8 Did the organization contemporaneously document the meetings held or written actions undertaken during the year by the following: a The governing body? .......................8a Yes b Each committee with authority to act on behalf of the governing body? ............8b Yes 9 Is there any officer, director, trustee, or key employee listed in Part VII, Section A, who cannot be reached at the organization’s mailing address? If "Yes," provide the names and addresses in Schedule O .......9 No Section B. Policies (This Section B requests information about policies not required by the Internal Revenue Code.) Yes No 10a Did the organization have local chapters, branches, or affiliates? ............10a No b If "Yes," did the organization have written policies and procedures governing the activities of such chapters, affiliates, and branches to ensure their operations are consistent with the organization's exempt purposes? 10b 11a Has the organization provided a complete copy of this Form 990 to all members of its governing body before filing the form? ............................11a Yes b Describe on Schedule O the process if any used by the organization to review this Form 990 ..... 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 6/32769 Form 990 (2022) Part VII Compensation of Officers, Directors,Trustees, Key Employees, Highest Compensated Employees, and Independent Contractors 1a Complete this table for all persons required to be listed. Report compensation for the calendar year ending with or within the organization’s tax year. List all of the organization’s current officers, directors, trustees (whether individuals or organizations), regardless of amount of compensation. Enter -0- in columns (D), (E), and (F) if no compensation was paid. List all of the organization’s current key employees, if any. See the instructions for definition of "key employee." List the organization’s five current highest compensated employees (other than an officer, director, trustee or key employee) who received reportable compensation (box 5 of Form W-2, box 6 of Form 1099-MISC, and/or box 1 of Form 1099-NEC) of more than $100,000 from the organization and any related organizations. List all of the organization’s former officers, key employees, or highest compensated employees who received more than $100,000 of reportable compensation from the organization and any related organizations. List all of the organization’s former directors or trustees that received, in the capacity as a former director or trustee of the organization, more than $10,000 of reportable compensation from the organization and any related organizations. See the instructions for the order in which to list the persons above. Check this box if neither the organization nor any related organization compensated any current officer, director, or trustee. b Describe on Schedule O the process, if any, used by the organization to review this Form 990. ..... 12a Did the organization have a written conflict of interest policy? If "No," go to line 13 .......12a Yes b Were officers, directors, or trustees, and key employees required to disclose annually interests that could give rise to conflicts? ..........................12b Yes c Did the organization regularly and consistently monitor and enforce compliance with the policy? If "Yes," describe on Schedule O how this was done ...................12c Yes 13 Did the organization have a written whistleblower policy? ...............13 Yes 14 Did the organization have a written document retention and destruction policy? .........14 Yes 15 Did the process for determining compensation of the following persons include a review and approval by independent persons, comparability data, and contemporaneous substantiation of the deliberation and decision? a The organization’s CEO, Executive Director, or top management official ...........15a Yes b Other officers or key employees of the organization ................15b Yes If "Yes" to line 15a or 15b, describe the process on Schedule O. See instructions. 16a Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement with a taxable entity during the year? ......................16a No b If "Yes," did the organization follow a written policy or procedure requiring the organization to evaluate its participation in joint venture arrangements under applicable federal tax law, and take steps to safeguard the organization’s exempt status with respect to such arrangements? ............16b Section C. Disclosure 17 List the states with which a copy of this Form 990 is required to be filed 18 Section 6104 requires an organization to make its Form 1023 (1024 or 1024-A, if applicable), 990, and 990-T (section 501(c)(3)s only) available for public inspection. Indicate how you made these available. Check all that apply. Own website Another's website Upon request Other (explain in Schedule O) 19 Describe in Schedule O whether (and if so, how) the organization made its governing documents, conflict of interest policy, and financial statements available to the public during the tax year. 20 State the name, address, and telephone number of the person who possesses the organization's books and records: KEMBERLY BUSH 639 EAST OCEAN AVENUE SUITE 101 BOYNTON BEACH,FL 33435 (561) 903-7743 Page 7 Form 990 (2022)Page 7 Check if Schedule O contains a response or note to any line in this Part VII .............. Section A. Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees (A) Name and title (B) Average hours per week (list any hours for related organizations below dotted line) (C) Position (do not check more than one box, unless person is both an officer and a director/trustee) (D) Reportable compensation from the organization (W-2/1099- MISC/1099- NEC) (E) Reportable compensation from related organizations (W-2/1099- MISC/1099- NEC) (F) Estimated amount of other compensation from the organization and related organizations Institutional Trustee; (1) KEMBERLY BUSH ...................................................................... CEO 40.00 ................. 0.00 125,508 0 0 (2) MARILANE CHANEY ...................................................................... Director 1.50 ................. 0.00 X 0 0 0 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 7/32770 Form 990 (2022) (3) DEANNA WARREN ...................................................................... Director 1.50 ................. 0.00 X 0 0 0 (4) Valencia Spells Anderson ...................................................................... Vice Chairman 1.50 ................. 0.00 X X 0 0 0 (5) Octavia Bell ...................................................................... Treasurer 1.50 ................. 0.00 X X 0 0 0 (6) Audrey Davis ...................................................................... Secretary 1.50 ................. 0.00 X X 0 0 0 (7) Revia Lee ...................................................................... Director 1.50 ................. 0.00 X 0 0 0 (8) Terrence Kearney ...................................................................... Director 1.50 ................. 0.00 X 0 0 0 (9) Charlee Rorie ...................................................................... Director 1.50 ................. 0.00 X 0 0 0 (10) Maguene Cadet ...................................................................... Chairman 1.50 ................. 0.00 X X 0 0 0 Page 8 Form 990 (2022)Page 8 Part VII Section A. Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees (continued) (A) Name and title (B) Average hours per week (list any hours for related organizations below dotted line) (C) Position (do not check more than one box, unless person is both an officer and a director/trustee) (D) Reportable compensation from the organization (W- 2/1099- MISC/1099-NEC) (E) Reportable compensation from related organizations (W-2/1099- MISC/1099-NEC) (F) Estimated amount of other compensation from the organization and related organizations Institutional Trustee; 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 8/32771 1b Sub-Total .............. c Total from continuation sheets to Part VII, Section A .. d Total (add lines 1b and 1c)......... 2 Form 990 (2022) 1a Federated campaigns ..1a b Membership dues ..1b c Fundraising events ..1c d Related organizations 1d e Government grants (contributions)1e 1,114,961 f All other contributions, gifts, grants, and similar amounts not included above 1f 857,569 g Noncash contributions included in lines 1a - 1f:$1g h Total. Add lines 1a-1f ....... 2a 125,508 2 Total number of individuals (including but not limited to those listed above) who received more than $100,000 of reportable compensation from the organization 1 Yes No 3 Did the organization list any former officer, director or trustee, key employee, or highest compensated employee on line 1a? If "Yes," complete Schedule J for such individual ..............3 No 4 For any individual listed on line 1a, is the sum of reportable compensation and other compensation from the organization and related organizations greater than $150,000? If "Yes," complete Schedule J for such individual ...........................4 No 5 Did any person listed on line 1a receive or accrue compensation from any unrelated organization or individual for services rendered to the organization?If "Yes," complete Schedule J for such person ........5 No Section B. Independent Contractors 1 Complete this table for your five highest compensated independent contractors that received more than $100,000 of compensation from the organization. Report compensation for the calendar year ending with or within the organization’s tax year. (A) Name and business address (B) Description of services (C) Compensation Total number of independent contractors (including but not limited to those listed above) who received more than $100,000 of compensation from the organization 0 Page 9 Form 990 (2022)Page 9 Part VIII Statement of Revenue Check if Schedule O contains a response or note to any line in this Part VIII ............. (A) Total revenue (B) Related or exempt function revenue (C) Unrelated business revenue (D) Revenue excluded from tax under sections 512 - 514 Contributions, Gifts, Grants, and OtherAmt Similar Amounts 1,972,530 Business Code 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 9/32772 b c d e f All other program service revenue. g Total. Add lines 2a–2f..... 3 Investment income (including dividends, interest, and other similar amounts)...... 4 Income from investment of tax-exempt bond proceeds 5 Royalties ........... (ii) Personal(i) Real 6a Gross rents 6a b Less: rental expenses 6b c Rental income or (loss) 6c d Net rental income or (loss)....... (ii) Other(i) Securities 7a Gross amount from sales of assets other than inventory 7a b Less: cost or other basis and sales expenses 7b c Gain or (loss) 7c d Net gain or (loss)......... 8a Gross income from fundraising events (not including $ of contributions reported on line 1c). See Part IV, line 18 ....8a b Less: direct expenses ...8b c Net income or (loss) from fundraising events .. 9a Gross income from gaming activities. See Part IV, line 19 ...9a b Less: direct expenses ...9b c Net income or (loss) from gaming activities .. 10a Gross sales of inventory, less returns and allowances ..10a b Less: cost of goods sold ..10b c Net income or (loss) from sales of inventory .. Business Code 11a b c d All other revenue .... e Total. Add lines 11a–11d ...... 12 Total revenue. See instructions .... Form 990 (2022) 0 0 0 0 0 0 0 0 0 OtherRevenueMiscAmt 0 1,972,530 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 10/32773 Do not include amounts reported on lines 6b, 7b, 8b, 9b, and 10b of Part VIII. 1 Grants and other assistance to domestic organizations and domestic governments. See Part IV, line 21 .... 30,000 30,000 2 Grants and other assistance to domestic individuals. See Part IV, line 22 ........... 0 3 Grants and other assistance to foreign organizations, foreign governments, and foreign individuals. See Part IV, lines 15 and 16. ............. 0 4 Benefits paid to or for members .......0 5 Compensation of current officers, directors, trustees, and key employees ........... 125,508 122,998 2,510 6 Compensation not included above, to disqualified persons (as defined under section 4958(f )(1)) and persons described in section 4958(c)(3)(B) ......... 0 7 Other salaries and wages ........713,586 695,398 18,188 8 Pension plan accruals and contributions (include section 401(k) and 403(b) employer contributions) .... 0 9 Other employee benefits .......140,960 138,141 2,819 10 Payroll taxes ...........66,009 64,689 1,320 11 Fees for services (non-employees): a Management ......0 b Legal .........0 c Accounting ...........39,450 35,500 3,950 d Lobbying ...........0 e Professional fundraising services. See Part IV, line 17 0 f Investment management fees ......0 g Other (If line 11g amount exceeds 10% of line 25, column (A) amount, list line 11g expenses on Schedule O) 0 12 Advertising and promotion ....87,459 78,013 9,446 13 Office expenses .......31,369 28,952 2,417 14 Information technology ......24,398 20,994 3,404 15 Royalties ..0 16 Occupancy ...........59,531 59,191 340 17 Travel ............3,054 3,054 18 Payments of travel or entertainment expenses for any federal, state, or local public officials . 0 19 Conferences, conventions, and meetings ....22,408 19,988 2,420 20 Interest ...........6,810 3,405 3,405 21 Payments to affiliates .......0 22 Depreciation, depletion, and amortization ..2,488 260 2,228 23 Insurance ...7,629 7,629 24 Other expenses. Itemize expenses not covered above (List miscellaneous expenses in line 24e. If line 24e amount exceeds 10% of line 25, column (A) amount, list line 24e expenses on Schedule O.) a MISCELLANEOUS 84,720 60,031 24,689 b Sponsored Events 37,056 32,208 4,848 c PROGRAM SUPPLIES 34,329 33,755 574 d Speciffic Assistance 28,410 22,629 5,781 e All other expenses 67,524 66,537 987 25 Total functional expenses. Add lines 1 through 24e 1,612,698 1,523,372 89,326 0 Page 10 Form 990 (2022)Page 10 Part IX Statement of Functional Expenses Section 501(c)(3) and 501(c)(4) organizations must complete all columns. All other organizations must complete column (A). Check if Schedule O contains a response or note to any line in this Part IX .............. (A) Total expenses (B) Program service expenses (C) Management and general expenses (D) Fundraising expenses 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 11/32774 g 26 Joint costs. Complete this line only if the organization reported in column (B) joint costs from a combined educational campaign and fundraising solicitation. Check here if following SOP 98-2 (ASC 958-720). Form 990 (2022) (A) Beginning of year (B) End of year 1 Cash–non-interest-bearing ........205,498 1 263,511 2 Savings and temporary cash investments ......... 2 0 3 Pledges and grants receivable, net ...... 3 0 4 Accounts receivable, net .............155,899 4 398,554 5 Loans and other receivables from any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entity or family member of any of these persons ....... 5 0 6 Loans and other receivables from other disqualified persons (as defined under section 4958(f )(1)), and persons described in section 4958(c)(3)(B) ... 6 0 7 Notes and loans receivable, net ........... 7 0 8 Inventories for sale or use ............ 8 0 9 Prepaid expenses and deferred charges ......13,900 9 15,797 10a Land, buildings, and equipment: cost or other basis. Complete Part VI of Schedule D 10a 26,867 b Less: accumulated depreciation 10b 23,210 2,719 10c 3,657 11 Investments—publicly traded securities . 11 0 12 Investments—other securities. See Part IV, line 11 ..... 12 0 13 Investments—program-related. See Part IV, line 11 .. 13 0 14 Intangible assets ............... 14 0 15 Other assets. See Part IV, line 11 ...........3,560 15 77,002 16 Total assets.Add lines 1 through 15 (must equal line 33)...381,576 16 758,521 17 Accounts payable and accrued expenses .....52,675 17 77,386 18 Grants payable ... 18 19 Deferred revenue .........3,150 19 1,975 20 Tax-exempt bond liabilities ......... 20 21 Escrow or custodial account liability. Complete Part IV of Schedule D 21 22 Loans and other payables to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entity or family member of any of these persons ......... 22 23 Secured mortgages and notes payable to unrelated third parties ..300,000 23 293,577 24 Unsecured notes and loans payable to unrelated third parties .. 24 25 Other liabilities (including federal income tax, payables to related third parties, and other liabilities not included on lines 17 - 24). Complete Part X of Schedule D 25 26 Total liabilities.Add lines 17 through 25 ..355,825 26 372,938 Organizations that follow FASB ASC 958, check here and complete lines 27, 28, 32, and 33. 27 Net assets without donor restrictions ..........-143,827 27 -65,570 28 Net assets with donor restrictions ...........169,578 28 451,153 Organizations that do not follow FASB ASC 958, check here and complete lines 29 through 33. 29 Capital stock or trust principal, or current funds ..... 29 30 Paid-in or capital surplus, or land, building or equipment fund ... 30 31 Retained earnings, endowment, accumulated income, or other funds 31 32 Total net assets or fund balances ...........25,751 32 385,583 33 Total liabilities and net assets/fund balances ........381,576 33 758,521 Form 990 (2022) Page 11 Form 990 (2022)Page 11 Part X Balance Sheet Check if Schedule O contains a response or note to any line in this Part IX .............. 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 12/32775 Part XI Reconcilliation of Net Assets Check if Schedule O contains a response or note to any line in this Part XI .............. Part XII Financial Statements and Reporting Check if Schedule O contains a response or note to any line in this Part XII ............. Form 990 (2022) Page 12 Form 990 (2022)Page 12 1 Total revenue (must equal Part VIII, column (A), line 12) ............1 1,972,530 2 Total expenses (must equal Part IX, column (A), line 25) ............2 1,612,698 3 Revenue less expenses. Subtract line 2 from line 1 ..............3 359,832 4 Net assets or fund balances at beginning of year (must equal Part X, line 32, column (A)) ..4 25,751 5 Net unrealized gains (losses) on investments ...............5 6 Donated services and use of facilities .................6 7 Investment expenses .....................7 8 Prior period adjustments .....................8 9 Other changes in net assets or fund balances (explain in Schedule O) ........9 10 Net assets or fund balances at end of year. Combine lines 3 through 9 (must equal Part X, line 32, column (B))10 385,583 Yes No 1 Accounting method used to prepare the Form 990: Cash Accrual Other If the organization changed its method of accounting from a prior year or checked "Other," explain on Schedule O. 2a Were the organization’s financial statements compiled or reviewed by an independent accountant?2a No If ‘Yes,’ check a box below to indicate whether the financial statements for the year were compiled or reviewed on a separate basis, consolidated basis, or both: Separate basis Consolidated basis Both consolidated and separate basis b Were the organization’s financial statements audited by an independent accountant?2b Yes If ‘Yes,’ check a box below to indicate whether the financial statements for the year were audited on a separate basis, consolidated basis, or both: Separate basis Consolidated basis Both consolidated and separate basis c If "Yes," to line 2a or 2b, does the organization have a committee that assumes responsibility for oversight of the audit, review, or compilation of its financial statements and selection of an independent accountant?2c Yes If the organization changed either its oversight process or selection process during the tax year, explain in Schedule O. 3a As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the Uniform Guidance, 2 C.F.R. Part 200, Subpart F?3a No b If "Yes," did the organization undergo the required audit or audits? If the organization did not undergo the required audit or audits, explain why in Schedule O and describe any steps taken to undergo such audits. 3b Form 990 (2022) Additional Data Return to Form Software ID:22015553 Software Version:2022v5.0 Form 990, Special Condition Description: 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 13/32776 Name of the organization PATHWAYS TO PROSPERITY INC Employer identification number 27-3550271 Part I Reason for Public Charity Status (All organizations must complete this part.) See instructions. g Provide the following information about the supported organization(s). Schedule A (Form 990) 2022 Page 2 Part II Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the organization failed to qualify under Part III. If the organization failed to qualify under the tests listed below, please complete Part III.) Section A. Public Support efile Public Visual Render ObjectId: 202401709349301110 - Submission: 2024-06-18 TIN: 27-3550271 SCHEDULE A (Form 990) Department of the Treasury Internal Revenue Service Public Charity Status and Public Support Complete if the organization is a section 501(c)(3) organization or a section 4947(a)(1) nonexempt charitable trust. Attach to Form 990 or Form 990-EZ. Go to www.irs.gov/Form990 for instructions and the latest information. OMB No. 1545-0047 2022 Open to Public Inspection The organization is not a private foundation because it is: (For lines 1 through 12, check only one box.) 1 A church, convention of churches, or association of churches described in section 170(b)(1)(A)(i). 2 A school described in section 170(b)(1)(A)(ii). (Attach Schedule E (Form 990).) 3 A hospital or a cooperative hospital service organization described in section 170(b)(1)(A)(iii). 4 A medical research organization operated in conjunction with a hospital described in section 170(b)(1)(A)(iii). Enter the hospital's name, city, and state: 5 An organization operated for the benefit of a college or university owned or operated by a governmental unit described in section 170(b)(1)(A)(iv). (Complete Part II.) 6 A federal, state, or local government or governmental unit described in section 170(b)(1)(A)(v). 7 An organization that normally receives a substantial part of its support from a governmental unit or from the general public described in section 170(b)(1)(A)(vi). (Complete Part II.) 8 A community trust described in section 170(b)(1)(A)(vi). (Complete Part II.) 9 An agricultural research organization described in 170(b)(1)(A)(ix) operated in conjunction with a land-grant college or university or a non-land grant college of agriculture. See instructions. Enter the name, city, and state of the college or university: 10 An organization that normally receives: (1) more than 331/3% of its support from contributions, membership fees, and gross receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 33 1/3% of its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.) 11 An organization organized and operated exclusively to test for public safety. See section 509(a)(4). 12 An organization organized and operated exclusively for the benefit of, to perform the functions of, or to carry out the purposes of one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2). See section 509(a)(3). Check the box on lines 12a through 12d that describes the type of supporting organization and complete lines 12e, 12f, and 12g. a Type I. A supporting organization operated, supervised, or controlled by its supported organization(s), typically by giving the supported organization(s) the power to regularly appoint or elect a majority of the directors or trustees of the supporting organization. You must complete Part IV, Sections A and B. b Type II. A supporting organization supervised or controlled in connection with its supported organization(s), by having control or management of the supporting organization vested in the same persons that control or manage the supported organization(s). You must complete Part IV, Sections A and C. c Type III functionally integrated. A supporting organization operated in connection with, and functionally integrated with, its supported organization(s) (see instructions). You must complete Part IV, Sections A, D, and E. d Type III non-functionally integrated. A supporting organization operated in connection with its supported organization(s) that is not functionally integrated. The organization generally must satisfy a distribution requirement and an attentiveness requirement (see instructions). You must complete Part IV, Sections A and D, and Part V. e Check this box if the organization received a written determination from the IRS that it is a Type I, Type II, Type III functionally integrated, or Type III non-functionally integrated supporting organization. f Enter the number of supported organizations ............................... (i) Name of supported organization (ii) EIN (iii) Type of organization (described on lines 1- 10 above (see instructions)) (iv) Is the organization listed in your governing document? (v) Amount of monetary support (see instructions) (vi) Amount of other support (see instructions) Yes No Total For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ. Cat. No. 11285F Schedule A (Form 990) 2022 Page 2 Calendar year 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 14/32777 Section B. Total Support Section C. Computation of Public Support Percentage Schedule A (Form 990) 2022 Schedule A (Form 990) 2022 Page 3 Part III Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 10 of Part I or if the organization failed to qualify under Part II. If the organization fails to qualify under the tests listed below, please complete Part II.) Section A. Public Support Calendar year (or fiscal year beginning in) (a) 2018 (b) 2019 (c) 2020 (d) 2021 (e) 2022 (f) Total 1 Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grant.") .. 861,313 1,031,157 948,379 1,055,837 10,581,587 14,478,273 2 Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.... 0 3 The value of services or facilities furnished by a governmental unit to the organization without charge.. 0 4 Total. Add lines 1 through 3 861,313 1,031,157 948,379 1,055,837 10,581,587 14,478,273 5 The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f) .. 0 6 Public support. Subtract line 5 from line 4.14,478,273 Calendar year (or fiscal year beginning in) (a) 2018 (b) 2019 (c) 2020 (d) 2021 (e) 2022 (f) Total 7 Amounts from line 4..861,313 1,031,157 948,379 1,055,837 10,581,587 14,478,273 8 Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources... 0 9 Net income from unrelated business activities, whether or not the business is regularly carried on.. 0 10 Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.).. 0 11 Total support. Add lines 7 through 10 14,478,273 12 Gross receipts from related activities, etc. (see instructions) ..................12 13 First 5 years. If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, check this box and stop here ........................................ 14 Public support percentage for 2022 (line 6, column (f ) divided by line 11, column (f)) .........14 100.000 % 15 Public support percentage for 2021 Schedule A, Part II, line 14 ...............15 98.260 % 16a 33 1/3% support test—2022. If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box and stop here. The organization qualifies as a publicly supported organization ....................... b 33 1/3% support test—2021. If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this box and stop here. The organization qualifies as a publicly supported organization ..................... 17a 10%-facts-and-circumstances test—2022. If the organization did not check a box on line 13, 16a, or 16b, and line 14 is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here. Explain in Part VI how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported organization ............ b 10%-facts-and-circumstances test—2021. If the organization did not check a box on line 13, 16a, 16b, or 17a, and line 15 is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here. Explain in Part VI how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported organization ............ 18 Private foundation. If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see instructions ..................................................... Page 3 Calendar year (or fiscal year beginning in) (a) 2018 (b) 2019 (c) 2020 (d) 2021 (e) 2022 (f) Total 1 Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") . 2 Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose 3 Gross receipts from activities that are not an unrelated trade or business under section 513 ..... 4 Tax revenues levied for the o gani ation's benefit and eithe paid 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 15/32778 Section B. Total Support Section C. Computation of Public Support Percentage Section D. Computation of Investment Income Percentage Schedule A (Form 990) 2022 Schedule A (Form 990) 2022 Page 4 Section A. All Supporting Organizations organization's benefit and either paid to or expended on its behalf... 5 The value of services or facilities furnished by a governmental unit to the organization without charge 6 Total. Add lines 1 through 5 7a Amounts included on lines 1, 2, and 3 received from disqualified persons b Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year. c Add lines 7a and 7b.. 8 Public support. (Subtract line 7c from line 6.) Calendar year (or fiscal year beginning in) (a) 2018 (b) 2019 (c) 2020 (d) 2021 (e) 2022 (f) Total 9 Amounts from line 6... 10a Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources.. b Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975. c Add lines 10a and 10b. 11 Net income from unrelated business activities not included on line 10b, whether or not the business is regularly carried on. 12 Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.) .. 13 Total support. (Add lines 9, 10c, 11, and 12.).. 14 First 5 years. If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, check this box and stop here................................................. 15 Public support percentage for 2022 (line 8, column (f ) divided by line 13, column (f)) .........15 16 Public support percentage from 2021 Schedule A, Part III, line 15 ...............16 17 Investment income percentage for 2022 (line 10c, column (f ) divided by line 13, column (f)) ......17 18 Investment income percentage from 2021 Schedule A, Part III, line 17 .............18 19a 33 1/3% support tests-2022. If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization ....... b 33 1/3% support tests—2021. If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization ..... 20 Private foundation. If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions .... Page 4 Part IV Supporting Organizations (Complete only if you checked a box on line 12 of Part I. If you checked box 12a, of Part I, complete Sections A and B. If you checked box 12b, of Part I, complete Sections A and C. If you checked box 12c, of Part I, complete Sections A, D, and E. If you checked box 12d, of Part I, complete Sections A and D, and complete Part V.) Yes No 1 Are all of the organization’s supported organizations listed by name in the organization’s governing documents? If "No," describe in Part VI how the supported organizations are designated. If designated by class or purpose, describe the designation. If historic and continuing relationship, explain.1 2 Did the organization have any supported organization that does not have an IRS determination of status under section 509(a)(1) or (2)? If "Yes," explain in Part VI how the organization determined that the supported organization was described in section 509(a)(1) or (2).2 3a Did the organization have a supported organization described in section 501(c)(4), (5), or (6)? If "Yes," answer lines 3b and 3c below.3a b Did the organization confirm that each supported organization qualified under section 501(c)(4), (5), or (6) and satisfied the public support tests under section 509(a)(2)? If "Yes," describe in Part VI when and how the organization made the determination.3b c Did the organization ensure that all support to such organizations was used exclusively for section 170(c)(2)(B) purposes? f ""l h l h l h 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 16/32779 Schedule A (Form 990) 2022 Schedule A (Form 990) 2022 Page 5 If "Yes," explain in Part VI what controls the organization put in place to ensure such use.3c 4a Was any supported organization not organized in the United States ("foreign supported organization")? If “Yes” and if you checked box 12a or 12b in Part I, answer lines 4b and 4c below.4a b Did the organization have ultimate control and discretion in deciding whether to make grants to the foreign supported organization? If “Yes,” describe in Part VI how the organization had such control and discretion despite being controlled or supervised by or in connection with its supported organizations.4b c Did the organization support any foreign supported organization that does not have an IRS determination under sections 501(c)(3) and 509(a)(1) or (2)? If “Yes,” explain in Part VI what controls the organization used to ensure that all support to the foreign supported organization was used exclusively for section 170(c)(2)(B) purposes.4c 5a Did the organization add, substitute, or remove any supported organizations during the tax year? If “Yes,” answer lines 5b and 5c below (if applicable). Also, provide detail in Part VI, including (i) the names and EIN numbers of the supported organizations added, substituted, or removed; (ii) the reasons for each such action; (iii) the authority under the organization's organizing document authorizing such action; and (iv) how the action was accomplished (such as by amendment to the organizing document).5a b Type I or Type II only. Was any added or substituted supported organization part of a class already designated in the organization's organizing document?5b c Substitutions only. Was the substitution the result of an event beyond the organization's control?5c 6 Did the organization provide support (whether in the form of grants or the provision of services or facilities) to anyone other than (i) its supported organizations, (ii) individuals that are part of the charitable class benefited by one or more of its supported organizations, or (iii) other supporting organizations that also support or benefit one or more of the filing organization’s supported organizations? If “Yes,” provide detail in Part VI.6 7 Did the organization provide a grant, loan, compensation, or other similar payment to a substantial contributor (defined in section 4958(c)(3)(C)), a family member of a substantial contributor, or a 35% controlled entity with regard to a substantial contributor? If “Yes,” complete Part I of Schedule L (Form 990) .7 8 Did the organization make a loan to a disqualified person (as defined in section 4958) not described on line 7? If “Yes,” complete Part I of Schedule L (Form 990).8 9a Was the organization controlled directly or indirectly at any time during the tax year by one or more disqualified persons, as defined in section 4946 (other than foundation managers and organizations described in section 509(a)(1) or (2))? If “Yes,” provide detail in Part VI.9a b Did one or more disqualified persons (as defined on line 9a) hold a controlling interest in any entity in which the supporting organization had an interest? If “Yes,” provide detail in Part VI.9b c Did a disqualified person (as defined on line 9a) have an ownership interest in, or derive any personal benefit from, assets in which the supporting organization also had an interest? If “Yes,” provide detail in Part VI.9c 10a Was the organization subject to the excess business holdings rules of section 4943 because of section 4943(f ) (regarding certain Type II supporting organizations, and all Type III non-functionally integrated supporting organizations)? If “Yes,” answer line 10b below.10a b Did the organization have any excess business holdings in the tax year? (Use Schedule C, Form 4720, to determine whether the organization had excess business holdings).10b Page 5 Part IV Supporting Organizations (continued) Yes No 11 Has the organization accepted a gift or contribution from any of the following persons? a A person who directly or indirectly controls, either alone or together with persons described on lines 11b and 11c below, the governing body of a supported organization?11a b A family member of a person described on 11a above?11b c A 35% controlled entity of a person described on line 11a or 11b above? If “Yes” to 11a, 11b, or 11c, provide detail in Part VI. 11c Section B. Type I Supporting Organizations Yes No 1 Did the officers, directors, trustees, or membership of one or more supported organizations have the power to regularly appoint or elect at least a majority of the organization’s directors or trustees at all times during the tax year? If “No,” describe in Part VI how the supported organization(s) effectively operated, supervised, or controlled the organization’s activities. If the organization had more than one supported organization, describe how the powers to appoint and/or remove directors or trustees were allocated among the supported organizations and what conditions or restrictions, if any, applied to such powers during the tax year. 1 2 Did the organization operate for the benefit of any supported organization other than the supported organization(s) that operated, supervised, or controlled the supporting organization? If “Yes,” explain in Part VI how providing such benefit carried out the purposes of the supported organization(s) that operated, supervised or controlled the supporting organization.2 Section C. Type II Supporting Organizations Yes No 1 Were a majority of the organization’s directors or trustees during the tax year also a majority of the directors or trustees of 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 17/32780 1 Check the box next to the method that the organization used to satisfy the Integral Part Test during the year (see instructions): Schedule A (Form 990) 2022 Schedule A (Form 990) 2022 Page 6 Section A - Adjusted Net Income (A) Prior Year (B) Current Year (optional) 1 Net short-term capital gain 1 2 Recoveries of prior-year distributions 2 3 Other gross income (see instructions) 3 4 Add lines 1 through 3 4 5 Depreciation and depletion 5 6 Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of income (see instructions) 6 7 Other expenses (see instructions) 7 8 Adjusted Net Income (subtract lines 5, 6 and 7 from line 4) 8 Section B - Minimum Asset Amount (A) Prior Year (B) Current Year (optional) 1 Aggregate fair market value of all non-exempt-use assets (see instructions for short tax year or assets held for part of year): 1 a Average monthly value of securities 1a b Average monthly cash balances 1b c Fair market value of other non-exempt-use assets 1c d Total (add lines 1a, 1b, and 1c) 1d e Discount claimed for blockage or other factors each of the organization’s supported organization(s)? If “No,” describe in Part VI how control or management of the supporting organization was vested in the same persons that controlled or managed the supported organization(s).1 Section D. All Type III Supporting Organizations Yes No 1 Did the organization provide to each of its supported organizations, by the last day of the fifth month of the organization’s tax year, (i) a written notice describing the type and amount of support provided during the prior tax year, (ii) a copy of the Form 990 that was most recently filed as of the date of notification, and (iii) copies of the organization’s governing documents in effect on the date of notification, to the extent not previously provided?1 2 Were any of the organization’s officers, directors, or trustees either (i) appointed or elected by the supported organization(s) or (ii) serving on the governing body of a supported organization? If "No," explain in Part VI how the organization maintained a close and continuous working relationship with the supported organization(s).2 3 By reason of the relationship described in line 2 above, did the organization’s supported organizations have a significant voice in the organization’s investment policies and in directing the use of the organization’s income or assets at all times during the tax year? If "Yes," describe in Part VI the role the organization’s supported organizations played in this regard.3 Section E. Type III Functionally-Integrated Supporting Organizations a The organization satisfied the Activities Test. Complete line 2 below. b The organization is the parent of each of its supported organizations. Complete line 3 below. c The organization supported a governmental entity. Describe in Part VI how you supported a government entity (see instructions) 2 Activities Test. Answer lines 2a and 2b below.Yes No a Did substantially all of the organization’s activities during the tax year directly further the exempt purposes of the supported organization(s) to which the organization was responsive? If "Yes," then in Part VI identify those supported organizations and explain how these activities directly furthered their exempt purposes, how the organization was responsive to those supported organizations, and how the organization determined that these activities constituted substantially all of its activities.2a b Did the activities described on line 2a, above constitute activities that, but for the organization’s involvement, one or more of the organization’s supported organization(s) would have been engaged in? If "Yes," explain in Part VI the reasons for the organization’s position that its supported organization(s) would have engaged in these activities but for the organization’s involvement.2b 3 Parent of Supported Organizations. Answer lines 3a and 3b below. a Did the organization have the power to regularly appoint or elect a majority of the officers, directors, or trustees of each of the supported organizations?If "Yes" or "No", provide details in Part VI. 3a b Did the organization exercise a substantial degree of direction over the policies, programs and activities of each of its supported organizations? If "Yes," describe in Part VI. the role played by the organization in this regard.3b Page 6 Part V Type III Non-Functionally Integrated 509(a)(3) Supporting Organizations 1 Check here if the organization satisfied the Integral Part Test as a qualifying trust on Nov. 20, 1970 (explain in Part VI). See instructions. All other Type III non-functionally integrated supporting organizations must complete Sections A through E. 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 18/32781 e Discount claimed for blockage or other factors (explain in detail in Part VI): 2 Acquisition indebtedness applicable to non-exempt use assets 2 3 Subtract line 2 from line 1d 3 4 Cash deemed held for exempt use. Enter 0.015 of line 3 (for greater amount, see instructions). 4 5 Net value of non-exempt-use assets (subtract line 4 from line 3) 5 6 Multiply line 5 by 0.035 6 7 Recoveries of prior-year distributions 7 8 Minimum Asset Amount (add line 7 to line 6) 8 Section C - Distributable Amount Current Year 1 Adjusted net income for prior year (from Section A, line 8, Column A) 1 2 Enter 85% of line 1 2 3 Minimum asset amount for prior year (from Section B, line 8, Column A) 3 4 Enter greater of line 2 or line 3 4 5 Income tax imposed in prior year 5 6 Distributable Amount. Subtract line 5 from line 4, unless subject to emergency temporary reduction (see instructions) 6 Schedule A (Form 990) 2022 Schedule A (Form 990) 2022 Page 7 7 Check here if the current year is the organization's first as a non-functionally-integrated Type III supporting organization (see instructions) Page 7 Part V Type III Non-Functionally Integrated 509(a)(3) Supporting Organizations (continued) Section D - Distributions Current Year 1 Amounts paid to supported organizations to accomplish exempt purposes 1 2 Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from activity 2 3 Administrative expenses paid to accomplish exempt purposes of supported organizations 3 4 Amounts paid to acquire exempt-use assets 4 5 Qualified set-aside amounts (prior IRS approval required - provide details in Part VI)5 6 Other distributions (describe in Part VI). See instructions 6 7 Total annual distributions. Add lines 1 through 6.7 8 Distributions to attentive supported organizations to which the organization is responsive (provide details in Part VI). See instructions 8 9 Distributable amount for 2022 from Section C, line 6 9 10 Line 8 amount divided by Line 9 amount 10 Section E - Distribution Allocations (see instructions) (i) Excess Distributions (ii) Underdistributions Pre-2022 (iii) Distributable Amount for 2022 1 Distributable amount for 2022 from Section C, line 6 2 Underdistributions, if any, for years prior to 2022 (reasonable cause required-- explain in Part VI). See instructions. 3 Excess distributions carryover, if any, to 2022: a From 2017....... b From 2018....... c From 2019....... d From 2020....... e From 2021....... f Total of lines 3a through e g Applied to underdistributions of prior years h Applied to 2022 distributable amount i Carryover from 2017 not applied (see instructions) j Remainder. Subtract lines 3g, 3h, and 3i from line 3f. 4 Distributions for 2022 from Section D, line 7: $ a Applied to underdistributions of prior years b Applied to 2022 distributable amount 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 19/32782 Schedule A (Form 990) 2022 Page 8 Schedule A (Form 990) 2022 b Applied to 2022 distributable amount c Remainder. Subtract lines 4a and 4b from line 4. 5 Remaining underdistributions for years prior to 2022, if any. Subtract lines 3g and 4a from line 2. If the amount is greater than zero, explain in Part VI. See instructions. 6 Remaining underdistributions for 2022. Subtract lines 3h and 4b from line 1. If the amount is greater than zero, explain in Part VI. See instructions. 7 Excess distributions carryover to 2023. Add lines 3j and 4c. 8 Breakdown of line 7: a Excess from 2018..... b Excess from 2019..... c Excess from 2020..... d Excess from 2021..... e Excess from 2022..... Schedule A (Form 990) (2022) Page 8 Part VI Supplemental Information. Provide the explanations required by Part II, line 10; Part II, line 17a or 17b; Part III, line 12; Part IV, Section A, lines 1, 2, 3b, 3c, 4b, 4c, 5a, 6, 9a, 9b, 9c, 11a, 11b, and 11c; Part IV, Section B, lines 1 and 2; Part IV, Section C, line 1; Part IV, Section D, lines 2 and 3; Part IV, Section E, lines 1c, 2a, 2b, 3a and 3b; Part V, line 1; Part V, Section B, line 1e; Part V Section D, lines 5, 6, and 8; and Part V, Section E, lines 2, 5, and 6. Also complete this part for any additional information. (See instructions). Facts And Circumstances Test Return Reference Explanation Additional Data Return to Form Software ID:22015553 Software Version:2022v5.0 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 20/32783 Schedule B (Form 990) Department of the Treasury Internal Revenue Service Schedule of Contributors Attach to Form 990, 990-EZ, or 990-PF. Go to www.irs.gov/Form990 for the latest information. OMB No. 1545-0047 2022 Name of the organization PATHWAYS TO PROSPERITY INC Employer identification number 27-3550271 Form 990 or 990-EZ Form 990-PF Organization type (check one): Filers of:Section: 501(c)( ) (enter number) organization 4947(a)(1) nonexempt charitable trust not treated as a private foundation 527 political organization 501(c)(3) exempt private foundation 4947(a)(1) nonexempt charitable trust treated as a private foundation 501(c)(3) taxable private foundation efile Public Visual Render ObjectId: 202401709349301110 - Submission: 2024-06-18 TIN: 27-3550271 Check if your organization is covered by the General Rule or a Special Rule. Note: Only a section 501(c)(7), (8), or (10) organization can check boxes for both the General Rule and a Special Rule. See instructions. General Rule For an organization filing Form 990, 990-EZ, or 990-PF that received, during the year, contributions totaling $5,000 or more (in money or other property) from any one contributor. Complete Parts I and II. See instructions for determining a contributor's total contributions. Special Rules For an organization described in section 501(c)(3) filing Form 990 or 990-EZ that met the 331/3% support test of the regulations under sections 509(a)(1) and 170(b)(1)(A)(vi), that checked Schedule A (Form 990 or 990-EZ), Part II, line 13, 16a, or 16b, and that received from any one contributor, during the year, total contributions of the greater of (1) $5,000 or (2) 2% of the amount on (i) Form 990, Part VIII, line 1h, or (ii) Form 990-EZ, line 1. Complete Parts I and II. For an organization described in section 501(c)(7), (8), or (10) filing Form 990 or 990-EZ that received from any one contributor, during the year, total contributions of more than $1,000 exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals. Complete Parts I, II, and III. For an organization described in section 501(c)(7), (8), or (10) filing Form 990 or 990-EZ that received from any one contributor, during the year, contributions exclusively for religious, charitable, etc., purposes, but no such contributions totaled more than $1,000. If this box is checked, enter here the total contributions that were received during the year for an exclusively religious, charitable, etc., purpose. Don't complete any of the parts unless the General Rule applies to this organization because it received nonexclusively religious, charitable, etc., contributions totaling $5,000 or more during the year ......... $ Caution: An organization that isn't covered by the General Rule and/or the Special Rules doesn't file Schedule B (Form 990, 990-EZ, or 990-PF), but it must answer “No” on Part IV, line 2, of its Form 990; or check the box on line H of its Form 990-EZ or on its Form 990PF, Part I, line 2, to certify that it doesn't meet the filing requirements of Schedule B (Form 990, 990-EZ, or 990-PF). For Paperwork Reduction Act Notice, see the Instructions for Form 990, 990-EZ, or 990-PF. Cat. No. 30613X Schedule B (Form 990) (2022) Page 2 Schedule B (Form 990) (2022)Page 2 Name of organization PATHWAYS TO PROSPERITY INC Employer identification number 27 3550271 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 21/32784 Part I Contributors $ RESTRICTED Person Payroll Noncash $ Person Payroll Noncash $ Person Payroll Noncash $ Person Payroll Noncash $ Person Payroll Noncash $ Person Payroll Noncash Schedule B (Form 990) (2022) Part II Noncash Property (see instructions). Use duplicate copies of Part II if additional space is needed. PATHWAYS TO PROSPERITY INC 27-3550271 Contributors (see instructions). Use duplicate copies of Part I if additional space is needed. (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution RESTRICTED , (Complete Part II for noncash contributions.) (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution (Complete Part II for noncash contributions.) (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution (Complete Part II for noncash contributions.) (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution (Complete Part II for noncash contributions.) (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution (Complete Part II for noncash contributions.) (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution (Complete Part II for noncash contributions.) Page 3 Schedule B (Form 990) (2022)Page 3 Name of organization PATHWAYS TO PROSPERITY INC Employer identification number 27-3550271 (a) No. from Part I (b) Description of noncash property given (c) FMV (or estimate) (See instructions) (d) Date received 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 22/32785 $ $ $ $ $ $ Schedule B (Form 990) (2022) Part III Use duplicate copies of Part III if additional space is needed. Exclusively religious, charitable, etc., contributions to organizations described in section 501(c)(7), (8), or (10) that total more than $1,000 for the year from any one contributor. Complete columns (a) through (e) and the following line entry. For organizations completing Part III, enter the total of exclusively religious, charitable, etc., contributions of $1,000 or less for the year. (Enter this information once. See instructions.) $ (a) No. from Part I (b) Description of noncash property given (c) FMV (or estimate) (See instructions) (d) Date received (a) No. from Part I (b) Description of noncash property given (c) FMV (or estimate) (See instructions) (d) Date received (a) No. from Part I (b) Description of noncash property given (c) FMV (or estimate) (See instructions) (d) Date received (a) No. from Part I (b) Description of noncash property given (c) FMV (or estimate) (See instructions) (d) Date received (a) No. from Part I (b) Description of noncash property given (c) FMV (or estimate) (See instructions) (d) Date received Page 4 Schedule B (Form 990) (2022)Page 4 Name of organization PATHWAYS TO PROSPERITY INC Employer identification number 27-3550271 (a) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name, address, and ZIP 4 Relationship of transferor to transferee (a) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name, address, and ZIP 4 Relationship of transferor to transferee (a) No from (b)Purpose of gift (c)Use of gift (d)Description of how gift is held 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 23/32786 Schedule B (Form 990) (2022) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name, address, and ZIP 4 Relationship of transferor to transferee (a) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name, address, and ZIP 4 Relationship of transferor to transferee Additional Data Return to Form Software ID:22015553 Software Version:2022v5.0 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 24/32787 SCHEDULE D (Form 990) Department of the Treasury Internal Revenue Service Supplemental Financial Statements Complete if the organization answered "Yes," on Form 990, Part IV, line 6, 7, 8, 9, 10, 11a, 11b, 11c, 11d, 11e, 11f, 12a, or 12b. Attach to Form 990. Go to www.irs.gov/Form990 for instructions and the latest information. Open to Public Inspection OMB No. 1545-0047 2022 Name of the organization PATHWAYS TO PROSPERITY INC Employer identification number 27-3550271 Held at the End of the Year a 2a b 2b c 2c d 2d For Paperwork Reduction Act Notice, see the Instructions for Form 990.Cat. No. 52283D Schedule D (Form 990) 2022 efile Public Visual Render ObjectId: 202401709349301110 - Submission: 2024-06-18 TIN: 27-3550271 Part I Organizations Maintaining Donor Advised Funds or Other Similar Funds or Accounts. Complete if the organization answered "Yes" on Form 990, Part IV, line 6. (a) Donor advised funds (b) Funds and other accounts 1 Total number at end of year ......... 2 Aggregate value of contributions to (during year) 3 Aggregate value of grants from (during year) 4 Aggregate value at end of year ........ 5 Did the organization inform all donors and donor advisors in writing that the assets held in donor advised funds are the organization’s property, subject to the organization’s exclusive legal control? ............ Yes No 6 Did the organization inform all grantees, donors, and donor advisors in writing that grant funds can be used only for charitable purposes and not for the benefit of the donor or donor advisor, or for any other purpose conferring impermissible private benefit? ................................... Yes No Part II Conservation Easements. Complete if the organization answered "Yes" on Form 990, Part IV, line 7. 1 Purpose(s) of conservation easements held by the organization (check all that apply). Preservation of land for public use (e.g., recreation or education) Preservation of an historically important land area Protection of natural habitat Preservation of a certified historic structure Preservation of open space 2 Complete lines 2a through 2d if the organization held a qualified conservation contribution in the form of a conservation easement on the last day of the tax year. Total number of conservation easements ...................... Total acreage restricted by conservation easements .................... Number of conservation easements on a certified historic structure included in (a) ..... Number of conservation easements included in (c) acquired after July 25, 2006, and not on a historic structure listed in the National Register ... 3 Number of conservation easements modified, transferred, released, extinguished, or terminated by the organization during the tax year 4 Number of states where property subject to conservation easement is located 5 Does the organization have a written policy regarding the periodic monitoring, inspection, handling of violations, and enforcement of the conservation easements it holds? ............ Yes No 6 Staff and volunteer hours devoted to monitoring, inspecting, handling of violations, and enforcing conservation easements during the year 7 Amount of expenses incurred in monitoring, inspecting, handling of violations, and enforcing conservation easements during the year $ 8 Does each conservation easement reported on line 2(d) above satisfy the requirements of section 170(h)(4)(B)(i) and section 170(h)(4)(B)(ii)? ............................. Yes No 9 In Part XIII, describe how the organization reports conservation easements in its revenue and expense statement, and balance sheet, and include, if applicable, the text of the footnote to the organization’s financial statements that describes the organization’s accounting for conservation easements. Part III Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets. Complete if the organization answered "Yes" on Form 990, Part IV, line 8. 1a If the organization elected, as permitted under FASB ASC 958, not to report in its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide, in Part XIII, the text of the footnote to its financial statements that describes these items. b If the organization elected, as permitted under FASB ASC 958, to report in its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide the following amounts relating to these items: (i)Revenue included on Form 990, Part VIII, line 1 ......................... $ (ii)Assets included in Form 990, Part X ............................... $ 2 If the organization received or held works of art, historical treasures, or other similar assets for financial gain, provide the following amounts required to be reported under FASB ASC 958 relating to these items: a Revenue included on Form 990, Part VIII, line 1 .......................... $ b Assets included in Form 990, Part X ............................... $ 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 25/32788 b If "Yes," explain the arrangement in Part XIII and complete the following table: Amount c Beginning balance .............................1c d Additions during the year ............................1d e Distributions during the year ..........................1e f Ending balance ................................1f 1a Beginning of year balance .... b Contributions ... c Net investment earnings, gains, and losses d Grants or scholarships ... e Other expenditures for facilities and programs ... f Administrative expenses .... g End of year balance ...... (a) Cost or other basis (investment) (b) Cost or other basis (other)(c) Accumulated depreciation (d) Book value 1a Land ..... b Buildings .... c Leasehold improvements d Equipment .... 19,216 16,596 2,620 e Other ..... 7,651 6,614 1,037 Total. Add lines 1a through 1e. (Column (d) must equal Form 990, Part X, column (B), line 10(c).)..3,657 Schedule D (Form 990) 2022 Page 2 Schedule D (Form 990) 2022 Page 2 Part III Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets (continued) 3 Using the organization’s acquisition, accession, and other records, check any of the following that are a significant use of its collection items (check all that apply): a Public exhibition d Loan or exchange programs b Scholarly research e Other c Preservation for future generations 4 Provide a description of the organization’s collections and explain how they further the organization’s exempt purpose in Part XIII. 5 During the year, did the organization solicit or receive donations of art, historical treasures or other similar assets to be sold to raise funds rather than to be maintained as part of the organization’s collection?... Yes No Part IV Escrow and Custodial Arrangements. Complete if the organization answered "Yes" on Form 990, Part IV, line 9, or reported an amount on Form 990, Part X, line 21. 1a Is the organization an agent, trustee, custodian or other intermediary for contributions or other assets not included on Form 990, Part X? .................................... Yes No 2a Did the organization include an amount on Form 990, Part X, line 21, for escrow or custodial account liability? ... Yes No b If "Yes," explain the arrangement in Part XIII. Check here if the explanation has been provided in Part XIII .... Part V Endowment Funds. Complete if the organization answered "Yes" on Form 990, Part IV, line 10. (a) Current year (b) Prior year (c) Two years back (d) Three years back (e) Four years back 2 Provide the estimated percentage of the current year end balance (line 1g, column (a)) held as: a Board designated or quasi-endowment b Permanent endowment c Term endowment The percentages on lines 2a, 2b, and 2c should equal 100%. 3a Are there endowment funds not in the possession of the organization that are held and administered for the organization by:Yes No (i) Unrelated organizations .................3a(i) (ii) Related organizations .................3a(ii) b If "Yes" on 3a(ii), are the related organizations listed as required on Schedule R? .........3b 4 Describe in Part XIII the intended uses of the organization's endowment funds. Part VI Land, Buildings, and Equipment. Complete if the organization answered "Yes" on Form 990, Part IV, line 11a. See Form 990, Part X, line 10. Description of property Page 3 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 26/32789 (1) Financial derivatives (2) Closely-held equity interests Total. (Column (b) must equal Form 990, Part X, col. (B) line 12.) Total. (Column (b) must equal Form 990, Part X, col.(B) line 13.) Part X Other Liabilities. Complete if the organization answered 'Yes' on Form 990, Part IV, line 11e or 11f.See Form 990, Part X, line 25. Schedule D (Form 990) 2022 Page 3 Part VII Investments - Other Securities. Complete if the organization answered "Yes" on Form 990, Part IV, line 11b.See Form 990, Part X, line 12. (a) Description of security or category (including name of security) (b) Book value (c) Method of valuation: Cost or end-of-year market value ......... ........ (3)Other (A) (B) (C) (D) (E) (F) (G) (H) Part VIII Investments - Program Related. Complete if the organization answered 'Yes' on Form 990, Part IV, line 11c. See Form 990, Part X, line 13. (a) Description of investment (b) Book value (c) Method of valuation: Cost or end-of-year market value (1) (2) (3) (4) (5) (6) (7) (8) (9) Part IX Other Assets. Complete if the organization answered 'Yes' on Form 990, Part IV, line 11d.See Form 990, Part X, line 15. Total. (Column (b) must equal Form 990, Part X, col.(B) line 15.) (a) Description (b) Book value (1)Grants Receivable 73,500 (2)Security deposit 3,502 (2) (3) (4) (5) (6) (7) (8) (9) ...........77,002 1. (1)Federal income taxes (a) Description of liability (b) Book value 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 27/32790 Schedule D (Form 990) 2022 Part XI Reconciliation of Revenue per Audited Financial Statements With Revenue per Return. Complete if the organization answered 'Yes' on Form 990, Part IV, line 12a. 1 Total revenue, gains, and other support per audited financial statements .......1 1,972,530 2 Amounts included on line 1 but not on Form 990, Part VIII, line 12: a Net unrealized gains (losses) on investments ....2a b Donated services and use of facilities .........2b c Recoveries of prior year grants ...........2c d Other (Describe in Part XIII.) ...........2d e Add lines 2a through 2d .....................2e 3 Subtract line 2e from line 1 ..................3 1,972,530 4 Amounts included on Form 990, Part VIII, line 12, but not on line 1: a Investment expenses not included on Form 990, Part VIII, line 7b .4a b Other (Describe in Part XIII.) ...........4b c Add lines 4a and 4b ....................4c 5 Total revenue. Add lines 3 and 4c. (This must equal Form 990, Part I, line 12.) ......5 1,972,530 Part XII Reconciliation of Expenses per Audited Financial Statements With Expenses per Return. Complete if the organization answered 'Yes' on Form 990, Part IV, line 12a. 1 Total expenses and losses per audited financial statements ...........1 1,612,698 2 Amounts included on line 1 but not on Form 990, Part IX, line 25: a Donated services and use of facilities .........2a b Prior year adjustments ............2b c Other losses ................2c d Other (Describe in Part XIII.) ...........2d e Add lines 2a through 2d ....................2e 3 Subtract line 2e from line 1 ...................3 1,612,698 4 Amounts included on Form 990, Part IX, line 25, but not on line 1: a Investment expenses not included on Form 990, Part VIII, line 7b ..4a b Other (Describe in Part XIII.) ...........4b c Add lines 4a and 4b .....................4c 5 Total expenses. Add lines 3 and 4c. (This must equal Form 990, Part I, line 18.) ......5 1,612,698 Part XIII Supplemental Information Provide the descriptions required for Part II, lines 3, 5, and 9; Part III, lines 1a and 4; Part lV, lines 1b and 2b; Part V, line 4; Part X, line 2; Part XI, lines 2d and 4b; and Part XII, lines 2d and 4b. Also complete this part to provide any additional information. Schedule D (Form 990) 2022 (1) Federal income taxes Total. (Column (b) must equal Form 990, Part X, col.(B) line 25.) 2. Liability for uncertain tax positions. In Part XIII, provide the text of the footnote to the organization's financial statements that reports the organization's liability for uncertain tax positions under FIN 48 (ASC 740). Check here if the text of the footnote has been provided in Part XIII Page 4 Schedule D (Form 990) 2022 Page 4 Return Reference Explanation Additi l D t 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 28/32791 Additional Data Return to Form Software ID:22015553 Software Version:2022v5.0 Name of the organization PATHWAYS TO PROSPERITY INC Employer identification number 27-3550271 efile Public Visual Render ObjectId: 202401709349301110 - Submission: 2024-06-18 TIN: 27-3550271 SCHEDULE O (Form 990) Department of the Treasury Internal Revenue Service Supplemental Information to Form 990 or 990-EZ Complete to provide information for responses to specific questions on Form 990 or 990-EZ or to provide any additional information. Attach to Form 990 or 990-EZ. Go to www.irs.gov/Form990 for the latest information. OMB No. 1545-0047 2022 Open to Public Inspection Return Reference Explanation Form 990, Part VI, Section B, Line 11b ALL MEMBERS OF THE BOARD REVIEW THE FORM 990 BEFORE IRS FILING. Form 990, Part VI, Section B, Line 12c To comply with the conflict of interest policy, each board member signs an annual statement of any known conflicts of interest. Should any individual conflict issues occur during the meetings, the member with the conflict with not vote on the issue. Form 990, Part VI, Section B, Line 15a The executive director holds the top management position within the organization, the salary for the position is determined based on comparative data provided for the non-profit industry Form 990, Part VI, Section B, Line 15b No other officers or key employees were hired during the year Form 990, Part VI, Section C, Line 18 THE GOVERNING DOCUMENTS ARE MADE AVAILABLE UPON REQUEST AT THE AGENCY Form 990, Part VI, Section C, Line 19 No documents available to the public. For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.Cat. No. 51056K Schedule O (Form 990) 2022 Additional Data Return to Form Software ID:22015553 Software Version:2022v5.0 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 29/32792 SCHEDULE R (Form 990) Department of the Treasury Internal Revenue Service Related Organizations and Unrelated Partnerships Complete if the organization answered "Yes" on Form 990, Part IV, line 33, 34, 35b, 36, or 37. Attach to Form 990. Go to www.irs.gov/Form990 for instructions and the latest information. Open to Public Inspection OMB No. 1545-0047 2022 Name of the organization PATHWAYS TO PROSPERITY INC Employer identification number 27-3550271 Part I Identification of Disregarded Entities. Complete if the organization answered "Yes" on Form 990, Part IV, line 33. Part II Identification of Related Tax-Exempt Organizations. Complete if the organization answered "Yes" on Form 990, Part IV, line 34 because it had one or more related tax-exempt organizations during the tax year. For Paperwork Reduction Act Notice, see the Instructions for Form 990.Cat. No. 50135Y Schedule R (Form 990) 2022 Part III Identification of Related Organizations Taxable as a Partnership. Complete if the organization answered "Yes" on Form 990, Part IV, line 34, because it had one or more related organizations treated as a partnership during the tax year. Part IV Identification of Related Organizations Taxable as a Corporation or Trust. Complete if the organization answered "Yes" on Form 990, Part IV, line 34 because it had one or more related organizations treated as a corporation or trust during the tax year. efile Public Visual Render ObjectId: 202401709349301110 - Submission: 2024-06-18 TIN: 27-3550271 (a) Name, address, and EIN (if applicable) of disregarded entity (b) Primary activity (c) Legal domicile (state or foreign country) (d) Total income (e) End-of-year assets (f) Direct controlling entity (a) Name, address, and EIN of related organization (b) Primary activity (c) Legal domicile (state or foreign country) (d) Exempt Code section (e) Public charity status (if section 501(c)(3)) (f) Direct controlling entity (g) Section 512(b) (13) controlled entity? Yes No (1)ST JOHN MISSIONARY BAPTIST CHURCH 900 N SEACREST BLD BOYNTON BEACH,FL 33435 65-0220124 FL 501 (C) 3 1 NA No Page 2 Schedule R (Form 990) 2022 Page 2 (a) Name, address, and EIN of related organization (b) Primary activity (c) Legal domicile (state or foreign country) (d) Direct controlling entity (e) Predominant income(related, unrelated, excluded from tax under sections 512-514) (f) Share of total income (g) Share of end-of- year assets (h) Disproprtionate allocations? (i) Code V-UBI amount in box 20 of Schedule K-1 (Form 1065) (j) General or managing partner? (k) Percentage ownership Yes No Yes No (a) Name, address, and EIN of related organization (b) Primary activity (c) Legal domicile (state or foreign country) (d) Direct controlling entity (e) Type of entity (C corp, S corp, or trust) (f) Share of total income (g) Share of end- of-year assets (h) Percentage ownership (i) Section 512(b)(13) controlled entity? Yes No 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 30/32793 Schedule R (Form 990) 2022 Part V Transactions With Related Organizations. Complete if the organization answered "Yes" on Form 990, Part IV, line 34, 35b, or 36. Schedule R (Form 990) 2022 Part VI Unrelated Organizations Taxable as a Partnership. Complete if the organization answered "Yes" on Form 990, Part IV, line 37. Provide the following information for each entity taxed as a partnership through which the organization conducted more than five percent of its activities (measured by total assets or gross revenue) that was not a related organization. See instructions regarding exclusion for certain investment partnerships. Page 3 Schedule R (Form 990) 2022 Page 3 Note. Complete line 1 if any entity is listed in Parts II, III, or IV of this schedule. Yes No 1 During the tax year, did the orgranization engage in any of the following transactions with one or more related organizations listed in Parts II-IV? a Receipt of (i) interest, (ii)annuities, (iii) royalties, or (iv) rent from a controlled entity .....................1a No b Gift, grant, or capital contribution to related organization(s) ............................1b No c Gift, grant, or capital contribution from related organization(s) ............................1c No d Loans or loan guarantees to or for related organization(s) ............................1d No e Loans or loan guarantees by related organization(s) ............................1e No f Dividends from related organization(s) ............................1f No g Sale of assets to related organization(s) ............................1g No h Purchase of assets from related organization(s) ............................1h No i Exchange of assets with related organization(s) ............................1i No j Lease of facilities, equipment, or other assets to related organization(s) .......................1j No k Lease of facilities, equipment, or other assets from related organization(s) ......................1k No l Performance of services or membership or fundraising solicitations for related organization(s) .....................1l No m Performance of services or membership or fundraising solicitations by related organization(s) .................1m No n Sharing of facilities, equipment, mailing lists, or other assets with related organization(s) ...................1n No o Sharing of paid employees with related organization(s) ............................1o No p Reimbursement paid to related organization(s) for expenses ............................1p No q Reimbursement paid by related organization(s) for expenses ............................1q No r Other transfer of cash or property to related organization(s) ............................1r No s Other transfer of cash or property from related organization(s) ............................1s No 2 If the answer to any of the above is "Yes," see the instructions for information on who must complete this line, including covered relationships and transaction thresholds. (a) Name of related organization (b) Transaction type (a-s) (c) Amount involved (d) Method of determining amount involved Page 4 Schedule R (Form 990) 2022 Page 4 (a) Name, address, and EIN of entity (b) Primary activity (c) Legal domicile (state or foreign country) (d) Predominant income (related, unrelated, excluded from tax under sections 512- 514) (e) Are all partners section 501(c)(3) organizations? (f) Share of total income (g) Share of end-of-year assets (h) Disproprtionate allocations? (i) Code V-UBI amount in box 20 of Schedule K-1 (Form 1065) (j) General or managing partner? (k) Percentage ownership Yes No Yes No Yes No 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 31/32794 Schedule R (Form 990) 2022 Part VII Supplemental Information Provide additional information for responses to questions on Schedule R. See instructions. Page 5 Schedule R (Form 990) 2022 Page 5 Return Reference Explanation Schedule R (Form 990) 2022 Additional Data Return to Form S ft ID 22015553 2/3/25, 6:55 PM Pathways To Prosperity Inc - Full Filing - Nonprofit Explorer - ProPublica https://projects.propublica.org/nonprofits/organizations/273550271/202401709349301110/full 32/32795 Table of Contents: Attachment 2 1. City of Boynton Beach Business Tax Receipt 796 797 Table of Contents: Attachment 3 1. Documentation of all additional funding sources a. Shared Future Foundation b. Children’s Services Council c. Frederick A. DeLuca Foundation d. Palm Beach County FAA (SOFI) e. The Jim Moran Foundation f. Cathleen McFarlane Foundation g. Palm Beach County CDBG h. Flagstar Foundation 798 799 2024-25 Pathways to Prosperity Inc 672 Circles 9/18/2024 AGREEMENT THIS AGREEMENT made as of this 3rd day of September 2024, by and between the CHILDREN’S SERVICES COUNCIL OF PALM BEACH COUNTY, an independent special district under the laws of the State of Florida, hereinafter designated as “CSC”, and PATHWAYS TO PROSPERITY, INC., hereinafter referred to as "Provider", effective October 1, 2024 ("Effective Date") to September 30, 2025 for the Circles Program #672. WITNESSETH: IN CONSIDERATION of mutual agreements hereinafter contained, the parties intending to be legally bound hereby agree as follows: 1. CSC agrees to provide match funding in accordance to the terms and conditions outlined in the attached Exhibit “A” (Program Description) in an amount equal to the lesser of a. $122,476 or b. An amount not to exceed 50% of the total program budget of $244,952, to support the successful implementation of the Circles Initiative. (If less than $244,952 is spent by the end of the Agreement period, CSC’s contribution will be reduced to an amount equal to 50% of what was spent, with any amount received from CSC by Provider in excess of this figure to be returned to CSC. If more than $244,952 is spent by the end of the Agreement period, CSC’s contribution will be $122,476) 2. Transfers from CSC to Provider will be made in accordance with the following procedures: a. Within 60 days of receipt of executed Agreement accompanied by a request for funds to the CSC by the Provider in the amount of $61,238 advance payments and $61,238 advance payment on May 15, 2025 based upon the attached Exhibit “B” (Budget). The May 15, 2025 payment is contingent upon the April 15, 2025 required reports (and any additional documentation) showing that the expenditures match rate of 50% for the total expenditures of not less than $244,952 will be achieved by September 30, 2025. Failure to do so may either delay payment or result in a reduction of the payment amount to conform with section 1.b) above. b. Provider agrees to refund any of the CSC’s money advanced but not expended by September 30, 2025, within 30 days. c. Provider will submit a final programmatic report to CSC no later than October 30, 2025 along with documentation accounting for all funds expended, including a Financial Attestation Statement and Financial Reconciliation, Exhibit “C” (as provided by CSC) and 100% of all supporting documentation to validate that the Provider met the fiscal requirement of the contract’s 50% match. CSC will not reimburse Provider for any expenditure made by Provider under this Agreement that is submitted after October 30, 2025. 3. Disallowable Expenditures: CSC reserves the right to disallow any expenditure that is considered inappropriate for the program or initiative it funds even if it falls within the expenditure limitations including without limitation those expenditures listed below. CSC generally will not fund or reimburse the following: 800 2024-25 Pathways to Prosperity Inc 672 Circles 9/18/2024 a. The purchase of real property and/or renovations (permanent improvements to the property or site preparations). b. Medical equipment, services or treatment (unless specifically referenced in the contract). c. Mortgage payments, interest payments, financing agreements or long-term vehicle leases. d. Staff entertainment expenses. e. Alcoholic beverages. f. Late fees or financing fees (for example: credit card late fees, late fees from lease agreements or on a standard bill). g. Florida state sales tax on purchases made. h. Expenses that are incurred outside of the budget period being billed for reimbursement. i. Bonuses to staff employed in its funded programs or initiatives j. Accrued vacation and sick time payouts except upon separation from employment as provided for in the personnel policies and procedures of the funded agency. To the extent applicable, the fiscal administration of the Agreement will comply with the CSC's then-current "Fiscal Guidelines for CSC Funded Programs," available on CSC’s website found at cscpbc.org/csc-fiscal-guidelines and which are incorporated herein by reference. 4. The Provider agrees to comply with the following requirements: a. To maintain its financial books, records and documents in accordance with generally accepted accounting procedures and practices, so that they sufficiently and properly reflect all expenditures of funds provided by CSC under this Agreement. b. To ensure that these records are available for inspection, review or audit by persons duly authorized by CSC to make such inspection, review or audit. c. To retain all financial records, supporting documents, statistical records and any other documents pertinent to the Agreement for a period of 6 years following termination of the Agreement or, if an audit has been initiated and audit findings have not been resolved, the records will be retained until resolution of all such audit findings. d. To acknowledge that CSC is a public agency subject to Chapter 119, Florida Statutes and that the Provider will comply with Florida’s Public Records Law. Specifically, the Provider will: i. Keep and maintain public records required by CSC in order to perform the service required under this Agreement; ii. Upon request from CSC’s custodian of public records, provide CSC 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, F.S. or as otherwise provided by law. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of the Agreement and following completion of the Agreement if the Provider does not transfer the records to CSC. iv. Upon completion of the Agreement, transfer, at no cost to CSC, all public records in possession of the Provider, or keep and maintain public records required by CSC to perform the service required under this Agreement. If the Provider transfers all public records to CSC upon completion of the Agreement, the Provider will destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, the Provider will meet all 801 2024-25 Pathways to Prosperity Inc 672 Circles 9/18/2024 applicable requirements for retaining public records. All records stored electronically must be provided to CSC, upon request from CSC’s custodian of public records in a format that is compatible with the information technology systems of CSC. v. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: RECORDS CUSTODIAN CHILDREN’S SERVICES COUNCIL OF PALM BEACH COUNTY 2300 HIGH RIDGE ROAD BOYNTON BEACH, FL 33426 (561) 374-7544 RECORDSCUSTODIAN@CSCPBC.ORG e. To permit persons duly authorized by CSC to have full access to and the right to examine: i. Any of the materials described in section 6.a. – d. during the term of this Agreement; and ii. The premises where the program funded by CSC is conducted, for purposes of monitoring said program. 5. Screening Pursuant to Section 448.095 F.S. Provider and any subcontractors used to carry out the duties and responsibilities in this contract, must register with and use the E-Verify system (E- Verify.gov) to verify the work authorization for newly hired employees. Provider must verify work status using E-Verify within 3 business days of the date of hire. If the E-Verify system is unavailable for the 3 business days after the first day that the new employee begins working for pay and an employer cannot access the system to verify a new employee’s employment eligibility, the employer must use the Employment Eligibility Verification Form (Form I-9) to verify employment eligibility. Provider must document the unavailability of the E-Verify system by retaining a screenshot from each day which shows the Provider’s lack of access to the E-Verify system. If applicable, subcontractors used to carry out the duties and responsibilities outlined in this Agreement must also register with and use the E-Verify system (or alternative process in the event of lack of access to the system) to verify the work authorization status of all newly hired employees. Provider must also obtain and retain an affidavit from a subcontractor stating that the subcontractor does not employ, contract with or subcontract with anyone who is not duly authorized to work in the United States. 6. Provider agrees to provide evidence of the following, upon request: a. Insurance coverage as follows: 1) Commercial General Liability, Required $1,000,000 per occurrence. This policy will cover all risks and include bodily injury, property damage, and personal injury. 802 2024-25 Pathways to Prosperity Inc 672 Circles 9/18/2024 2) Workers’ Compensation Insurance limits per Chapter 440 of Florida Statute. Required if Provider has employees engaged in the performance of work under this Agreement. 3) Automobile Liability Insurance. Required only if Provider transports clients in connection with the program (or any portion thereof) funded by the CSC. $1,000,000 limit is required. Provider will furnish, upon request a Certificate of Insurance, showing: (1) all necessary coverages in the amounts required (2) naming the CSC as an additional insured with respect to the Commercial General Liability and with respect to the Automobile Liability Insurance (if applicable), and (3) evidencing the required subrogation (see below) for all applicable insurance policies (General Liability, Workers’ Compensation and Automobile (if applicable). In the event of loss, damage or injury to the Provider and/or the Provider’s property, the Provider will look solely to any insurance in its favor without making any claim against the CSC. The Provider hereby waives any right of subrogation against the CSC, for loss, damage, or injury within the scope of the Provider’s Insurance, and on behalf of itself and its insurer, waives all such claims against the CSC. Compliance with the foregoing requirements will not relieve Provider of its liability and obligations under this Agreement. No representation is made that the minimum insurance requirements in this section are sufficient to cover the indemnification or other obligations of the Provider under this Agreement. 7. Provider will be responsible for maintaining formal cyber security training for all employees that serve Palm Beach County that has a) a testing component at regular intervals (at least quarterly) and b) a tracking component to verify compliance to ensure that the security and confidentiality of data and information systems are protected. An attestation statement is due no later than December 15, 2024. Children's Services Council | Documents (cscpbc.org) For a new Provider, the cyber security training must be in place by December 31, 2024, and will include, at a minimum: i. A testing component that will test at regular intervals, (at least quarterly) throughout the year for all employees that serve Palm Beach County, regardless of funding source for their position; and ii. A tracking component so that Provider or the Council can verify employee compliance. A new Provider will furnish an Attestation Statement by January 15, 2025 verifying that a cyber security training is in place for all employees that serve Palm Beach County. 8. CSC will assess a late charge amounting to $500 from the Provider's current month's request to CSC for reimbursement for each month (or portion of a month) that a program is out of compliance with the timely submission of fiscal and programmatic data as required by the Agreement, utilizing the applicable procedures set forth in the “Fiscal Guidelines for CSC Funded Programs”. A late charge will be assessed in the event of 3 late reimbursement requests in a rolling 12-month period. Unless otherwise specified in the Guidelines, notification letters regarding overdue documents will be sent to the Provider’s Executive Director [or equivalent position]). If the agreement does not provide for reimbursement, but rather payments, the charge will come from the next payment or CSC will notify the Provider of the late charge, via e-mail. In addition to the late charge assessed, a letter notifying the Provider’s Board Chair will also be sent; and the Provider must submit in writing why the applicable documentation was late and what the Provider is doing to ensure this will not occur in the future. 803 2024-25 Pathways to Prosperity Inc 672 Circles 9/18/2024 9. Provider will not use or disclose any information concerning a client served under the Agreement for any purpose, not in conformity with federal and state laws and regulations except with the written consent of the client or his/her responsible parent or guardian, or when authorized by law. Provider agrees to establish and maintain reasonable procedures and controls for safeguarding records so that no information contained in Provider's records or obtained from others carrying out the terms of the Agreement, will be used by or disclosed by Provider, its agents, officers, or employees, except as provided by law. It is the responsibility of Provider to take all reasonable steps to implement promptly all necessary procedures and controls to protect the privacy of a client receiving services under a program provided hereunder and in order to ensure the maintenance of confidentiality for any medical or other information pertaining to such client. 10. If Provider acquires or has previously acquired computers through the CSC’s funding, then, Provider: a. agrees to record details relating to the equipment on the form or in the format provided by the CSC; b. agrees that the proper installation and maintenance of all computers purchased with CSC funds, directly or via subcontract is the responsibility of Provider; c. agrees that Provider will maintain virus/malware protection software, only install licensed software, and dispose of hardware appropriately so as not to leave confidential data on the hard drive; and d. agrees to encrypt the hard drive of any desktop, laptop or tablet and ensure the encryption software is enabled for any staff who connect to computing resources within Provider’s network and/or access any CSC systems. Any computer purchased for a position that falls under this category must include hard drive encryption and should be managed by an encryption service to ensure it is properly enforced. CSC recommends using a Solid State Disk (SSD) and centralized encryption management solution to ensure full compliance. 11. Notify CSC in writing within 5 business days of any changes that affect the provision of the services, such as changes in the board chair or personnel (specifically including changes of the Executive Director, Chief Financial Officer [for a change in the CEO/ED or the CFO notice is to be given within three (3) business days], or Program Director [or their equivalent], or the elimination of a position that is, in whole or in part, funded by CSC. 12. Notwithstanding any other provision of this Agreement, CSC may terminate this Agreement for any breach by the Provider. If CSC intends to terminate this Agreement, notice will be provided in writing to the Provider no less than 24 hours prior to the effective date of the termination. CSC's failure to terminate or suspend a Provider for past breaches of this Agreement will not be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and will not be construed to be a modification of the terms of the Agreement. 13. In executing this Agreement, Provider certifies that it is not listed on the Scrutinized Companies that Boycott Israel List nor is Provider engaged in a boycott of Israel (as defined in 215.4725, F.S.)., Provider agrees, pursuant to section 287.135, F.S. that CSC may immediately terminate this Agreement if the Provider is found to have submitted a false certification or if Provider is placed on Scrutinized Companies that Boycott Israel List, or is found to be engaged in a boycott of Israel during the term of the Agreement. (Not applicable to governmental entities) 804 2024-25 Pathways to Prosperity Inc 672 Circles 9/18/2024 14. The parties to this Agreement are aware that the Inspector General of Palm Beach County has the authority to investigate and review matters relating to the negotiation and performance of this Agreement, and in furtherance thereof may demand and obtain all records and documents in possession of CSC’s contractors and subcontractors and lower tier subcontractors, as well as, any other person or entity doing business with CSC or receiving CSC funds. The Provider understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the CSC’s contractors and subcontractors and lower tier subcontractors, and any other person or entity doing business with CSC or receiving CSC funds to fully cooperate with the Inspector General when requested may be deemed by the CSC to be a material breach of this Agreement justifying its termination. 15. Provider will furnish the Council with an affidavit, signed by an authorized signatory attesting that the Provider does not use coercion of labor or services as set forth in 787.06 (13), Florida Statutes. The mandatory affidavit is attached to this Agreement. 16. Notwithstanding any other provision of this Agreement to the contrary, this Agreement is contingent upon allocation of funds under a final budget adopted through the TRIM process, s200.065, Florida Statutes. If the final budget thus adopted does not provide for such allocation, this Agreement will be terminated, with neither party thereafter having any obligation or rights under this Agreement. Provider will be notified of said termination within 30 days of the adoption of the final budget. 17. This Agreement contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement will be deemed to exist or binding on the parties hereto. This Agreement may not be modified unless in writing, signed by both parties hereto. 18. Definition of “Days” Unless otherwise stated, the use of the term “day” means calendar day. If a time period of a given number of days concludes on the weekend or on a holiday recognized by the Council, the time period will be extended to the next Council business day. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their undersigned duly authorized representatives. CHILDREN’S SERVICES COUNCIL PATHWAYS TO PROSPERITY, INC. OF PALM BEACH COUNTY By: ________________________________ By: ______________________________ Lisa Williams-Taylor, Ph.D. Kemberly Bush Chief Executive Officer Executive Director/CEO * By signing this Electronic Signature Acknowledgement Form, I agree that my electronic signature is the legally binding equivalent to my handwritten signature. Whenever I execute an electronic signature, it has the same validity and meaning as my handwritten signature. I will not, at any time in the future, repudiate the meaning of my electronic signature or claim that my electronic signature is not legally binding. 805 49 N. Federal Highway, #312 Pompano Beach, FL 33062 June 27, 2023 Ms. Kemberly Bush CEO PATHWAYS TO PROSPERITY INC 639 East Ocean Ave, Suite 101 Boynton Beach, FL 33435 Re: Circles Palm Beach County Dear Ms. Bush: We are pleased to inform you that The Frederick A. DeLuca Foundation, Inc. (the “Foundation”) has approved a Grant for the project named above, in the amount and manner, for the purpose and uses, and subject to the terms and conditions set forth in this letter and the attached Terms and Conditions, which are incorporated by reference (collectively, the “Agreement”). The Foundation’s approval of this Grant is based upon its consideration of Grantee’s grant application and the various representations made by Grantee to the Foundation, as well as a review of all materials that have been supplied by Grantee. Please review this Agreement carefully. If the content of this Agreement, including the attached Terms and Conditions, correctly sets forth Grantee’s understanding of the terms of this Grant and is acceptable, please sign below to acknowledge receipt and acceptance. By signing this Agreement, you represent to the Foundation that you have authority to sign this Agreement on Grantee’s behalf. Further, Grantee agrees to comply with all of the terms set forth herein. Payment of Foundation funds for this Grant will be contingent upon returning a signed copy of this Agreement. If you have any questions regarding the details of the grant, please reach out to your Program Officer. To ensure the distribution of funds through ACH/Electronic Funds Transfer, please direct the designated finance contact to our Fluxx grantee portal to review the instructions for submitting the ACH information. For any technical questions or issues related to ACH submission, please email us at support@delucafdn.org. We look forward to working with you in this worthy endeavor. Sincerely, Kevin Byrne Chief Executive Officer 806 PATHWAYS TO PROSPERITY INC 2 THE FREDERICK A. DELUCA FOUNDATION, INC. TERMS AND CONDITIONS OF GRANT Section 1. Grant Amount and Key Dates. The Foundation intends to make a Grant in the amount of $180,000 to PATHWAYS TO PROSPERITY INC, 27-3550271 (the “Grantee”), subject to the terms and conditions of this Agreement and in accordance with the payment schedule outlined in Section 2 of this Agreement (the “Grant”). The key dates of this Agreement are: Key Dates Description of Date Date Project Start Date Project Work Begins 07/01/2023 Project End Date Project Work Ends 06/30/2025 Section 2. Payment of Grant. The Foundation intends to pay this Grant to Grantee within a reasonable time following receipt by the Foundation of a countersigned Agreement and according to the following payment schedule, which is subject to change, at the sole discretion of the Foundation: Payment Amount: Payment Date (issued by): $ 90,000 07/10/2023 $ 90,000 07/10/2024 Failure to make satisfactory progress towards the goals of the Grant may prevent the next following installment under this agreement from being paid on or before the next Payment Date. Section 3. Purpose and Permitted Use of Grant. The Grant will be used for the project entitled “Circles Palm Beach County” as described in this Agreement, the Grant Summary, Milestones, Project Goals, and Project Budget, each of which is attached hereto as Exhibit A and hereby incorporated by reference (the “Grant Purpose”). Grantee will use the Grant exclusively for purposes described in Code sections 501(c)(3) and 170(c)(2)(B). Grantee confirms that there have been no material changes in the information or documentation supplied or submitted to the Foundation and that Grantee will promptly notify its Program Officer at the Foundation in writing of any substantial change in such documentation, or the specified project, timeline, or its funding. Although the Project Proposal may name individuals who are expected to conduct the Project, to be employed, or to receive compensation and/or other benefits from Grantee in connection with the Project, the Grant is not earmarked for the benefit of any individual, and it is not conditioned upon the continued employment of any individual or on the selection of any particular individual to receive employment or other benefit from the use of the Grant. All decisions with respect to selection of individuals to receive any benefit from the Grant shall be made solely by Grantee and without the participation of the Foundation. Section 4. Prohibited Activities. Grantee will not use the Grant to: (i) carry on propaganda or otherwise attempt to influence legislation (within the meaning of section 4945(d)(1) of the Code), (ii) influence the outcome of any specific public election, or to carry on, directly or indirectly, any 807 PATHWAYS TO PROSPERITY INC 3 voter registration drive (within the meaning of section 4945(d)(2) of the Code), (iii) make any grant which does not comply with the requirements of section 4945(d)(3) or (4) of the Code, or (iv) undertake any activity for any purpose other than one specified in section 170(c)(2)(B) of the Code. Section 5. Status of Grantee. Grantee represents that it is a Qualified Charitable Organization. Grantee represents that it is in good standing with all applicable local, state or federal governmental bodies or regulatory agencies with jurisdiction over Grantee’s organization or activities (Grantee’s “Good Standing Status”). Grantee will notify the Foundation of any change in its status as a Qualified Charitable Organization or its Good Standing Status within thirty (30) days of becoming aware of such change. Grantee agrees to comply with all applicable laws, rules, regulations and orders of the United States and any other state or country or locality with jurisdiction over Grantee or Grantee’s activities in performance of its obligations under this Grant, including, without limitation, all applicable laws, rules, regulations, and orders relating to the privacy of individually identifiable student, health or other data. Section 6. Progress Reports. Grantee will furnish the Foundation with the following reports by the Report Due Date, in accordance with the chart below, or sooner if results are known prior to Report Due Date: Report Name Report Due Date Annual Report 06/01/2024 Final Report 08/01/2025 In consultation with Grantee, the Foundation may modify any Report Due Date as appropriate. Section 7. Fluxx Grantee Portal. Grantee shall use the Fluxx grantee portal (“Fluxx”), which can be accessed at: http://delucafoundation.fluxx.io/ to submit reports and other materials related to the Grant. The Foundation will issue login credentials to individuals authorized by Grantee to access Fluxx. Grantee shall be responsible for all actions taken by the individuals authorized by Grantee to login to Fluxx, including, without limitation, the accuracy and completeness of all reports and other information submitted through Fluxx. Section 8. Record Maintenance and Inspection. Upon the Foundation’s request and with reasonable notice, Grantee will permit the Foundation to perform site visits and meet to discuss the status, progress, and results of the project. Grantee shall separately account for the Grant on its books and keep records adequate to enable the use of the Grant to be checked readily by the Foundation. Grantee also agrees to make its books and records available, at reasonable times upon request by the Foundation, for inspection and/or audit, to be conducted either by Foundation personnel or third- party auditors or agents acting on behalf of the Foundation. Grantee must maintain all records relating to this Grant and make such records available to the Foundation for examination or audit upon request for at least four (4) years after completion of the use of Grant funds and final reporting to the Foundation on the Grant. 808 PATHWAYS TO PROSPERITY INC 4 Section 9. Publicity and Public Reports. All public recognition of the Foundation in any format must be pre-approved by the Foundation. Examples of items include, but are not limited to: articles, newsletters, press releases, social media and other web publications. No announcement or public recognition shall include the amount contributed under this Agreement and Grantee agrees that it will not disclose the amount contributed under this Agreement to any third parties except as required by law. Please email all requests for pre-approval to your Program Officer at the Foundation. Grantee acknowledges that the name and mark “The Frederick A. DeLuca Foundation, Inc.”, the Foundation logo, and all variations thereof, are the sole and exclusive property of the Foundation. Any use of the Foundation’s name or mark is subject to the prior written approval of the Foundation, which may be granted or withheld in the sole discretion of the Foundation. All publicity or other materials which will be made publicly available that mention or refer to the Grant, the Foundation, Elisabeth DeLuca, any member of the DeLuca family, any officer, director or employee of the Foundation, whether to be delivered in written or spoken form, that is prepared, produced or delivered by or on behalf of the Grantee, must be provided to the Foundation for written approval prior to the release of such materials to the public. Grantee agrees not to disclose the terms of this Agreement or any other confidential communication between the parties unless the Foundation consents or disclosure is specifically required by law. Section 10. Refunding and Payment Obligations / Breach of Contract. Upon the Foundation’s request, Grantee shall refund to the Foundation any Grant funds that have not been expended for the Grant Purpose by the Project End Date or which Grantee is not then legally obligated to pay for the Grant Purpose. The Foundation’s obligation to pay the Grant and Grantee’s right to retain the Grant are contingent on Grantee being a Qualified Charitable Organization at the time the Grant becomes due and payable or, if paid prior to such due date, at the time payment is made. Grantee shall notify the Foundation within thirty (30) days of any change in its status as a Qualified Charitable Organization and shall promptly repay to the Foundation any Grant payment received while Grantee was not a Qualified Charitable Organization and any Grant funds held by Grantee while it is not a Qualified Charitable Organization. If Grantee fails to make any report required by this Agreement in a timely manner, or Grantee otherwise violates the terms and conditions of this Agreement, then upon the Foundation’s written request, Grantee shall promptly refund to the Foundation any then remaining Grant funds and the Foundation shall have no obligation to make any Grant payment then due or any Grant payment that would otherwise thereafter have become due and payable under this Agreement. The Foundation reserves the right, in its sole discretion, to discontinue funding or terminate this Agreement at any time if the Foundation reasonably believes that continuation of the Grant would be materially detrimental to Foundation’s reputation, charitable mission or programmatic goals. 809 PATHWAYS TO PROSPERITY INC 5 The waiver by any party of a breach of any term of this Agreement shall not be considered a waiver of any subsequent breach of the same or any other term or condition of this Agreement. Grantee agrees to indemnify the Foundation for all reasonably incurred litigation, arbitration and mediation expenses and reasonable legal fees and costs which the Foundation shall at any time sustain or incur to the extent caused by any breach or violation by Grantee in the performance of its obligations under this Agreement. The parties agree to the jurisdiction of the courts of the State of Florida and of the federal courts within the State of Florida. Section 11. Interpretation. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Florida regardless of the place of execution or performance and without regard to conflict of law principles that would result in the application of any laws other than those of the State of Florida. Wherever the context permits, nouns, pronouns, and verbs shall be construed as masculine, feminine, or neuter, and singular or plural. The Section headings are for convenient reference, and shall not be used to affect the meaning of any provision of this Agreement. Any reference to the “Code” shall mean the Internal Revenue Code of 1986, as amended, and the Treasury Regulations issued thereunder. Any reference to a section of the Code shall be deemed to include any corresponding provision of any subsequent federal revenue law. Any reference to a “Qualified Charitable Organization” shall mean an organization that (i) is recognized by the Internal Revenue Service as exempt from federal income tax under section 501(a) of the Code because it is described in section 501(c)(3) of the Code, (ii) is further classified by the Internal Revenue Service as other than a private foundation within the meaning of section 509(a) of the Code because it is described in section 509(a)(1) or section 509(a)(2) of the Code, and (iii) will not be reclassified as a private foundation as a result of this Grant. A Qualified Charitable Organization shall also include: (i) a state college or university that is described in section 115, section 170(b)(1)(A)(ii) and section 511(a)(2)(B) of the Code or (ii) a governmental unit described in section 170(c)(1) of the Code, or a department, agency or instrumentality thereof. The exhibits and attachments attached to this Agreement are incorporated into and deemed part of this Agreement. Section 12. Successors and Assigns. All of the terms, covenants and conditions hereof shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto. Section 13. Authority. The undersigned persons warrant that they are duly authorized to execute this Agreement on behalf of their respective entities. Section 14. Effective Date. This Agreement shall become effective when it has been fully executed by the parties and an original signed version has been delivered to the Foundation. 810 PATHWAYS TO PROSPERITY INC 6 Section 15. Counterparts; Execution by Electronic Delivery. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. All of such counterpart signature shall be read as though and shall have the same force and effect as though all the signatories had signed a single signature page. Any such counterpart, to the extent delivered by means of a facsimile machine or by .pdf, .tif, .gif, .jpeg or similar attachment to electronic mail (any such delivery, an “Electronic Delivery”) shall be treated in all manner and respects as an original executed counterpart and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. Section 16. No Third-Party Beneficiaries. This Agreement has been executed for the sole benefit of the parties that are the signatories to this Agreement and is not intended for the benefit of any third party, including but not limited to any employee of Grantee or any vendor, creditor, employee, or donor of any party. The parties expressly disclaim the creation of any third-party beneficiary rights under this Agreement. Section 17. Notices. All written notices, requests and other communications under this Agreement shall be effectively given only if provided in writing, either (i) by email to Grantee’s Program Officer at the Foundation and to Grantee’s email if for the Grantee; or (ii) sent by United States registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized and receipted overnight courier service (such as Federal Express) guaranteeing next business day delivery, addressed to the Foundation or Grantee, as the case may be, at their respective addresses set forth above in this Agreement, or to such other addresses of which the Foundation or Grantee shall have given notice as herein provided. All such notices, requests, and other communications shall be deemed to have been sufficiently given for all purposes hereof on the third business day after proper mailing thereof (in the case of United States registered or certified mail) or on the date of the delivery thereof to a courier service as aforesaid, and may be given on behalf of either party by its counsel. 811 PATHWAYS TO PROSPERITY INC 7 I, Kemberly Bush, an authorized officer or agent of PATHWAYS TO PROSPERITY INC, hereby acknowledge and accept the terms and conditions of this Agreement on behalf of PATHWAYS TO PROSPERITY INC. Signature: ________________________________________ Date: ___________________ Name (printed): Kemberly Bush Title: CEO 812 AGR EEMENT FOR PROVISION OF FINANCIAL ASSISTANCE This Agreement is made as of the ________ day of _________, 20__, by and between Palm Beach County, a Politic al Subdivision of the State of Florida, by and thro ugh its Bo ar d of County Commissioners, her einafter referred t o as the COUNTY, and PATHWAYS TO PROSPERITY, INC., her einafter referred to as t he AGENCY, a no t-for -profit corpor ation author ized to do business in the State of Florida, whose Federal Tax I.D. is 27-3550271. WHEREAS, the AG ENCY has proposed providing certain ser vices under the Self-Suffic iency with Children (SOFI) ser vice category; and WHEREAS, the AGENCY has agreed to assure access to funded ser vices fo r COUNTY departments, divisions and/or pr ograms; and to as s ur e that individuals r efer red from COUNTY departments, divisions and/or progr ams will rec eive ser vices on a timely basis. NOW THEREFORE, in consider ation of the mutual pr omises contained herein, the COU NTY and the AGENCY agr ee as follows: ARTICLE 1 INCORPORATION OF R ECITALS The foregoing recitals are tr ue and cor r ect and incorporated herein by referenc e. ARTICLE 2 SERVICES The AGENCY agrees to pr ovide Circles P alm Beach County services to low-income r esidents o f Palm Beach County as set forth in the EXHIBIT A - SCOPE OF WORK AND SERVICES, EXHIBIT B - UNIT OF SERVICE RATE AND DEFINITIONS, and EXHIBIT G - ROMA LOGIC MODEL. The AGENCY also agrees to provide deliverables, including repor ts, as specified in EXHIBIT A, EXHIBIT B, EXHIBIT G, and ARTICLE 16 - AGENCY'S PROGRAMMATIC R EQUIR EMENTS. No c hanges in the scope of work or ser vices are t o be conducted without the wr itten appr oval of the Palm Beach County Communit y Ser vices Depar tment (DEPARTMENT). The AGENCY receiving funds must be an agency within Palm Beach County and t he AGENCY’S ser vices, with these cont rac ted funds, are limited to meeting the needs of Palm Beach County r esidents. No part of the funding is intended to benefit any spec ific individual or recipient. All funding is intended for the over all benefit of all recipients of the services pro vided by the pr ograms being funded herein. ARTICLE 3 SCHEDULE The term of this Agr eement shall be for one (1) year , star t ing October 1, 2022 (initial ter m), and will automatically renew for two (2) addit ional one (1) year ter m(s) (r enewal term), unless either par ty notifies the ot her prior to the expiration of the init ial ter m or any renewal term of its intent not to renew in accordance with the time par ameter s stated herein. Mo nt hly billing, repor t s and other items shall be delivered or completed in accordance with the detailed schedule set for t h in EXHIBIT A, EXHIBIT B, EXHIBIT G, and ARTICLE 16. Page 1 813 The par ties shall amend this Agreement if there is a change to the scope of work, funding, and/or federal, state, and local laws or polic ies affecting this Agr eement. ARTICLE 4 PAYMENTS TO AGENCY The total amount to be paid by the COUNTY under this Agreement for all ser vices and materials shall not exceed a total Agr eement amount of TWO HUNDR ED AND TWENTY THOUSAND FIVE HUNDRED DOLLAR S AND ZER O CENTS ($220,500.00) OVER A THREE-YEAR PER IOD, OF WHICH SEVENTY THR EE THOUSAND FIVE HUNDRED DOLLAR S AND ZER O CENTS ($73,500.00) IS BUDGETED IN FISCAL YEAR 2023 WITH AN ANTICIPATED ANNUAL ALLOCATION OF SEVENTY THREE THOUSAND FIVE HUNDR ED DOLLARS AND ZER O CENTS ($73,500.00) TO BE BUDG ETED IN EACH SUBSEQUENT FISCAL YEAR FOR THE TERM OF THIS AG REEMENT. AGENCY will bill the COUNTY on a monthly basis, or as otherwise provided, at the amounts set for th in EXHIBIT B for servic es render ed toward the completion of the scope of wor k. Where incr emental billings for par tially c ompleted items ar e per mitted, the total billings shall not exc eed the estimated per centage of completion as of the billing date. The progr am and unit cost definitions for this Agreement ar e set forth in EXHIBIT B. All requests for payments of this Agr eement shall include an o riginal cover memo on AG ENCY letterhead signed by the Chief Executive Officer , Chief Financial Officer or their designee. The AGENCY is obligated to pr ovide the COUNTY with the proper ly completed r equests for all funds to be paid relative to t his Agr eement. Any amounts no t submitted to the COUNTY shall remain the COUNTY'S and the COUNTY shall have no further obligation with respect to s uch amounts. Payment of invoices shall be contingent on timely receipt of all r equir ed repor ts . Invoices received from the AG ENCY pursuant to this Agreement will be submitted thr ough t he Services and Activities Management Information System (SAMIS) website, reviewed and approved by t he COUNTY'S repr esentative, to verify that servic es have been r endered in conformity wit h the Agr eement. Approved invoic es will then be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the COU NTY r epresentative's appr oval. Any payment due by COUNTY under the t er ms of this Agr eement shall be wit hheld until all repor ts due fr om the AGENCY and necessar y adjustments have been appr oved by the COUNTY. In the event that the AGENCY has dr awn down all possible funds prior to the end of the fiscal year and does not c omply with all r eporting r equir ements, the COUNTY will take this into consider ation dur ing the next funding year. COUNTY funding can be used to match grants fr om non-COUNTY sources; however , the AGENCY cannot submit reimbursement requests for the same expens es to more than one funding source or under more than one COUNTY funded pr ogram. Fin al Invoice: In or der for both par ties herein to close their books and r ecords, the AGENCY will clearly s tate "final invoice" on the AGENCY'S final/last billing to the COUNTY. This s hall constitute AGENCY’S cer tification that all ser vices have been pr operly per for med and all char ges and c ost s Page 2 814 have been invoiced to the COUNTY. Any other charges not proper ly included on this final invoice are waived by the AGENCY. In order t o do business with the COUNTY, AG ENCY is required to c reate a Vendor Registr ation Account OR activate an exis ting V endor Registration Account t hr ough the Purchas ing Department’s V endor Self Ser vice (V SS) system, which can be accessed at https://pbc vs s p.co.palm- beach.fl.us /webapp/vs s p/AltSelfSer vice. If AGENCY intends to use s ubagenc ies, AGENCY must also ensure that all subagencies are r egistered as agencies in VSS. All subcontr ac tor agreements must include a contr actual provision requiring that the subagency register in VSS. COUNTY will not finalize an agreement awar d until the COUNTY has verified that the AGENCY and all of its subagenc ies ar e register ed in VSS. ARTICLE 5 AVAILABILITY OF FUNDS The obligations of the COUNTY under this Agr eement for the curr ent or any s ubsequent fiscal year are subject to the availability of funds lawfully appr opriated for its pur pose by the Palm Beach County Board of County Commissioners. ARTICLE 6 TRUTH-IN-NEGOTIATION CERTIFICATE Signature of t his Agr eement by the AGENCY shall also act as the execution of a truth-in-negotiation certificate certifying that the wage rates, over-head charges, and other cos ts used to determine the compensation pr ovided for in this Agr eement are accurate, complete and current as of the date of the Agreement and no higher than those c har ged to the AGENCY’S most favor ed customer for the same or substantially similar servic e. The said rates and costs shall be adjusted to exclude any s ignificant sums should the COUNTY deter mine that the r ates and costs wer e incr eased due to inac c ur at e, incomplete o r noncur rent wage rates or due to inaccurate r epresentations of fees paid to outside agencies. The COUNTY shall exercise its rights under this Ar ticle within three (3) years following final payment. ARTICLE 7 AMENDMENTS TO FUNDING LEVELS This Agreement may be amended to decreas e and/or increase funds for the deliver y of ser vices depending upon the utilization and rate of expenditure of funds . AGENCY shall be subject t o decrease of funds if funds are not utilized at the anticipated rate of expenditur es. The ant icipated r ate of expendit ur es is determined by dividing the contracted service amount by the months in each Agreement year unless otherwise pr ovided for in this Agr eement. A ten per cent (10%) incr ease over the monthly expenditure rate must be pr e-appr oved by the COUNTY. The anticipated r ate of expenditure will be figured on a per ser vice basis. The formula for r eduction of funds shall be as follows: At one quarter of the ser vice per io d the AGENCY shall have pr ovided at a minimum twenty percent (20%) of their anticipated servic es. If the minimum has not been r eached ten percent (10%) of the Page 3 815 unspent funds allocated for that service per iod may be r educed. At one half of the service period the AGENCY shall have provided at a minimum for ty percent (40%) of their antic ipated s er vices. If the minimum has not been r eached fifty percent (50%) of the unspent funds allocated for that service per iod may be r educed. At thr ee quar ter s of the ser vice period the AGENCY shall have provided at a minimum seventy-five per cent (75%) of their anticipated services . If the minimum has not been r eached one hundred per cent (100%) of the uns pent funds allocated for that servic e period may be reduced. In the event that funds beco me available due to other agencies budgets being decreased, a cur rently funded AGENCY may apply for those funds. AGENCY may become eligible for an increase in funding if they have spent their funds at the antic ipated rate and can pr esent a pr oposal for the utilization of additional funds by deliver ing additional units of s er vice. Any incr ease or decreas e of funding for any of the AGENCY’S c ontr acted progr ams of up to ten per cent (10%) may be approved by t he DEPARTMENT Direc tor or Designee. Any incr ease or decr ease o f funding over ten per c ent (10%) must be approved by the Board of County Commissioners. ARTICLE 8 INSUR ANCE The AGENCY s hall maintain at its sole expense, in force and effect at all t imes during the ter m of this Agreement, insuranc e coverage and limits (including endorsements) as desc r ibed herein. Failur e to maint ain at least the required insurance shall be considered default of the Agr eement. The r equir ements co nt ained her ein, as well as COUNTY’S r eview or acceptance of insurance maintained by AGENCY, ar e not int ended to and shall not in any manner limit or qualify the liabilities and obligat ions assumed by AGENCY under the Agreement. AGENCY agr ees to notify the COUNTY at least ten (10) days pr io r to c ancellation, non-r enewal or mater ial change to the required insurance c over age. Wher e the polic y allows, cover age shall apply on a pr imary and non- contr ibutory basis. A. Commercial Gen eral Liability: AGENCY shall maintain Commercial General Liability at a limit of liability not less t han $500,000 combined single limit for bodily injur y and pr operty damage each occur r ence. Cover age shall not c ontain any endor sement(s ) excluding Contr actual Liability or Cr oss Liability. B. Additional Insured Endorsement: The Commer cial General Liability policy shall be endorsed to include, “Palm Beach Count y Boar d of County Commissioners, a P olit ical Subdivision of the State of Florida, its Officers, Employees, and Agents” as an Additional Insured. A copy of the endorsement shall be pr ovided to COUNTY upon request. C. Workers’ Compen sation Insura n ce & Employer’s Liability: AGENCY shall maint ain Workers’ Compensation & Employer ’s Liability in accor dance with Chapter 440 of the Florida Statutes. D. Profession al Liability: AGENCY shall maint ain Professional Liability, or equivalent Errors & Omissions Liability, at a limit of liabilit y not less than $1,000,000 each o c c ur r ence, and Page 4 816 $2,000,000 per aggregate. When a s elf-insured r et ention (SIR) or deductible exceeds $10,000, COUNTY r eser ves the r ight, but not the o bligatio n, to review and r equest a copy of AGENCY’S mos t recent annual r eport or audited financial statement. For policies written on a “claims- made” basis, AGENCY warrants the Retroactive Dat e equals or precedes the effective date of this Agr eement. In t he event the policy is canceled, non-renewed, switched to an Occurrence For m, r etro ac tive date advanced, or any other event trigger ing the r ight to purchas e a Supplement Extended Repor ting Period (SERP ) dur ing t he ter m of this Agr eement, AG ENCY shall purchase a SERP with a minimum r eporting period not less than t hr ee (3) years aft er the expiration of the Agreement term. The r equir ement to purchase a SERP s hall not relieve the AGENCY of the obligat ion t o provide r eplac ement coverage. The Certificat e of Insurance pr oviding evidenc e of the pur chase o f this cover age shall clear ly indicate whether cover age is pr ovided on an “occur rence” or “claims-made” for m. If c over age is pr ovided on a “claims- made” form the Cer tificate of Insurance must also clearly indic at e the “r etr oactive date” of cover age. E. Waiver of Subrogation: Except where pr ohibited by law, AG ENCY hereby waives any and all rights of Subr ogation against the COUNTY, its offic er s, employees and agents for each required policy exc ept Professional Liability. When required by the insurer, or should a policy condition not per mit an ins ur ed to enter into a pre-loss agr eement to waive subrogation without an endor s ement, then AGENCY shall notify the insur er and request the policy be endorsed with a Waiver of Tr ansfer of Rights of Rec over y Agains t Others, or its equivalent. This Waiver of Subr ogation r equir ement s hall not apply to any policy that includes a conditio n to the policy s pecific ally pr ohibiting such an endor sement or voids coverage s hould AGENCY enter into suc h an agreement on a pr e-loss basis. F. Certificates of Insu rance: On execution of this Agreement, r enewal, within forty-eight (48) hours o f a request by COUNTY, and upon expir at ion of any of the required coverage throughout the term of this Agr eement, the AGENCY s hall deliver to the COUNTY or COUNTY’S designated r epresentative a signed Cer tificate(s ) of Insurance evidencing that all types and minimum limits of ins ur ance coverage required by this Agr eement have been obtained and are in force and effect. Certificates shall be is s ued to: Palm Beach County Boar d of County Commissioner s and may be addres s ed: Palm Beach County Boar d of County Commissioner s c/o Community Ser vices Depar tment 810 Datur a Street West Palm Beach, FL 33401 ATTN: Contracts Manager F. R igh t to Revise or R eject: COUNTY, by and t hr ough its Risk Management Department in cooperation wit h the contracting/monitor ing depar tment, res er ves the r ight to r eview, modify, r ejec t, or accept any required policies of insurance, including limits, coverage, or endorsements. Page 5 817 ARTICLE 9 INDEMNIFICATION AGENCY shall pr otect, defend, r eimbur se, indemnify, save and hold the COUNTY, its agents, employees, officer s and elec ted o fficials harmless fr om and against any and all claims, liability, expense, loss, cost, damages or c auses of action of every kind or char act er , including attor ney’s fees and costs, whether at tr ial o r appellate levels or otherwise, arising during and as a r esult of their per formance of the terms of this Agreement or due to the acts or omissions of AGENCY. ARTICLE 10 SUCCESSORS AND ASSIG NS The COUNTY and the AG ENCY each binds its elf and its partners, s uccessors, executors, administr ator s and assigns to the other par ty and to the par tner s , suc c essor s, executors, administr ator s and assigns of such other party, in r espect to all covenants of t his Agr eement. Exc ept as above, neither the COUNTY nor the AGENCY shall assign, sublet, c onvey or transfer its interest in this Agr eement without the prior wr itten consent of the other . ARTICLE 11 WARR ANTIES AND LICENSING R EQUIREMENTS The AGENCY repr esents and war r ants that it has and will continue to maintain all licenses and approvals r equir ed to conduct its business, and that it will at all times conduct its bus ines s ac tivities in a reput able manner . Proof of suc h licenses and approvals shall be s ubmitted t o the COUNTY’S repr esentative upon request. The AGENCY shall co mply with all laws , or dinances and regulations applic able to the ser vices contemplated her ein, t o include those applicable to conflict of interest and collus ion. The AG ENCY is presumed to be familiar with all federal, state, and local laws, ordinances, c odes and r egulations that may in any way affect the servic es offer ed. The AGENCY repr esents and war rant s that it is gover ned by a Board, or other appropriate body, whose member s have no monetary conflict of interest. Fur ther , the members mus t also serve the AGENCY without compensation, and the composition of the governing body must r easonably reflect Palm Beach County and/or client demogr aphics. The AGENCY shall comply with all legal cr iminal his to ry recor d check regulations required for the population they serve. AGENCY will have and comply with policy t hat r equir es them to c onduc t a Level 1 or Level 2 Criminal Background Check as appr opriate on applicants and volunteers being consider ed for positions that will pr ovide ser vices or will be ar ound children, the elderly and other vulnerable adult populat ions , pr ior to star t date. AGENCY may hir e employees prior to obtaining the Level 2 background c heck results, t he employees are only permitted to attend tr aining and or ientation dur ing this period while they ar e waiting fo r their background c heck results. They are not allo wed t o have any contact with the clients during this per iod. Live Scan Screening proof must be pr ovided that shows the scan was completed pr ior t o an employee’s start date. All cr iminal backgr ound checks shall be done at the expense of the AGENCY. ARTICLE 12 PERSONNEL Page 6 818 The AGENCY war rant s that all services shall be per for med by skilled and competent personnel to the highest professional standards in the field. Any changes o r s ubstitutions in the AG ENCY'S key per sonnel, or any personnel turno ver that could adversely impact the AGENCY’S abilit y to provide services as may be listed herein must be made known to the COUNTY'S r epresentative within five (5) wor king days of the change. AGENCY shall establish and c onsis tently utilize an alloc ation methodology for personnel costs for pr ogram activities supported by multiple sources. All of the servic es required hereinunder shall be performed by the AGENCY or under it s supervision. The AG ENCY fur ther represent s that it has, or will secur e at its own expense, all necessary personnel r equir ed to per for m the ser vices under this Agr eement, and that they s hall be fully qualified and, if r equir ed, author ized, per mitted, and/or lic ensed under state and local law to per form suc h ser vices . Such per sonnel shall not be employees of or have any c ontr actual relationship with the COUNTY. All of the AG ENCY’S per sonnel (and all subcontractors'), while on COUNTY premises, will c omply with all COUNTY requirements governing c onduc t, safety and s ecur ity. ARTICLE 13 REG ULATIONS; LICENSING REQUIR EMENTS The AGENCY shall co mply with all laws , or dinances and regulations applic able to the ser vices contemplated herein, to include those applicable to conflict of interest and collusion. AGENCY is pr esumed to be familiar with all feder al, state and local laws, or dinances, codes and r egulations that may in any way affect the servic es offer ed. ARTICLE 14 NONDISCRIMINATION The COUNTY is committed to assur ing equal oppor tunity in the awar d o f contracts and complies with all laws pr ohibiting discrimination. Pur suant to Palm Beach County Resolution R2017-1770, as may be amended, the AGENCY warrants and r epresents that thr oughout the ter m of the Agr eement, including any renewals t her eof, if applicable, all of it s emplo yees ar e t reated equally dur ing emplo yment without regard to race, c olor , r eligion, disability, sex, age, national or igin, ancestr y, mar ital status, familial status, sexual orientat ion, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered default of the Agreement. As a condition of enter ing into this Agreement, the AGENCY r epresents and warrants that it will comply with t he COUNTY’S Commercial Nondiscrimination Policy as des c r ibed in Resolution R2017- 1770, as amended. As par t of such compliance, the AGENCY shall not discr iminate on the basis of race, color , national origin, r eligion, anc est ry, s ex, age, marital stat us, familial status, sexual or ientation, gender identity or expression, disability, or genetic information in the s olicitation, selection, hiring or c ommer c ial tr eatment of subcontrac tors, vendor s, s uppliers, or commercial customer s , nor s hall the AGENCY retaliate against any perso n for repor ting inst ances of such discrimination. The AGENCY shall pr ovide equal oppor tunity for subcontractors, vendor s and suppliers to participate in all of its public sec to r and pr ivate sector subcontracting and supply opportunities, provided that no thing c ontained in this clause shall prohibit or limit other wise lawful Page 7 819 efforts to remedy the effec ts of marketplace discrimination that have occurred or are oc c ur r ing in the COUNTY’S r elevant mar ket place in Palm Beach Co unty. The AGENCY under s tands and agrees that a mater ial violation of this clause shall be considered a mater ial breach of this Agreement and may r esult in terminat ion of this Agr eement, disqualification or debarment of the c ompany from par ticipating in COU NTY contrac ts, or other sanctions. This clause is not enfor ceable by or for the benefit of, and cr eates no obligation to, any third party. AGENCY shall include this language in its subcontracts. ARTICLE 15 REMEDIES This Agr eement shall be governed by the laws of the St ate of Flor ida. Any legal action necessary to enfor c e the Agreement will be held in a court of competent jurisdic tion lo c ated in Palm Beach County, Flor ida. No remedy herein conferred upon any par ty is intended to be exclusive of any other remedy, and each and ever y s uch r emedy shall be cumulative and shall be in additio n to ever y other r emedy given hereunder or no w or hereafter existing at law or in equit y, by statute or other wise. No single or par tial exercise by any party of any r ight, power, or r emedy her eunder shall pr eclude any other or further exercise thereof. No provision of this Agreement is intended t o, or shall be construed to, create any thir d par ty beneficiar y or to pr ovide any r ights to any per s on or ent ity not a party to this Agr eement, inc luding but not limited to any citizen or employees of the COUNTY and/or AGENCY. ARTICLE 16 AG ENCY'S PR OG RAMMATIC REQUIR EMENTS Failur e t o pr ovide t he information r equir ed by this Ar t icle in a timely fashion and in the for mat required, and to comply with the requirements of this Article will constitute a mater ial br each of this Agr eement and may result in termination of this Agr eement. The AGENCY agrees to specific pr ogr ammatic requirements, inc luding but not limited t o, the following. 1. AGENCY shall maintain separ at e financial recor ds for Financ ially Assisted Agenc ies (FAA) Agr eement funds and ac c ount for all receipts and expenditures, including direc t and indir ect cost alloc at ions in accordance with Generally Ac c epted Accounting P rinciples (G AAP), by individual service c ategor ies, and by administration and program costs. Financially Assisted Agencies’ cost allocations are to be completed and posted by ser vice categor y, delineating pr ogr am and adminis trative c ost s , t o the general ledger o n a monthly bas is. The backup documentation, including copies of paid rec eipts, copies of checks, invoices, or any other applicable document s accept able to the DEPARTMENT, will be r equested as desk and/or on- site mo nitoring on a per iodic basis. Allowable adminis trative expenses s hall not exceed fifteen per cent (15%) and shall be inclusive with the unit cost of service. The administr ative cost shall be maintained at individual servic e category and shall be available in the detailed gener al ledger. These c osts must support the unit rate and number of units billed. Page 8 820 2. The AGENCY shall submit quar terly the Cash Flow Commit ment Statement (EXHIBIT D) along with the following financial statements: a. Statement of Cas h Flows b. Statement of Activities c. Statement of Financial Position 3. AGENCY shall be char tered or r egistered with the Flor ida Depar t ment of St ate, have been incorpor ated for at leas t one AGENCY fiscal year and have provided services for at least six months. COUNTY assistance shall not exceed twenty-five percent (25%) of the AGENCY'S total operating budget, unles s otherwise appr oved by the Board of County Commissioners. If approved for funding, a for mal agr eement shall be executed, and payment will be made by reimbursement of documented expenses. The AG ENCY must pr ovide a r eport at the end of the fiscal year showing that it is within the cap of COUNTY assistance not exceeding twenty-five per cent (25%) of the AGENCY'S total operating budget. 4. AGENCY shall promptly reimburse the COUNTY for any funds t hat are misused, mis s pent, unspent, or are for any r eason deemed to have been spent on ineligible expenses. 5. AGENCY s hall maintain r ecor ds in ac c or dance with the P ublic Recor ds Law, Chapter 119, Florida Statutes. 6. AGENCY shall ensure that no private or c onfidential data collected, maintained or used dur ing the course of the Agreement period shall be disseminated, except as authorized by st atute dur ing the Agreement period or thereafter . 7. AGENCY shall allow COUNTY, through the DEP ARTMENT, t o both fiscally and pr ogrammatically monitor the AGENCY to assure that its fiscal and pr ogr ammatic goals and conduct, as outlined in the EXHIBIT A - SCOPE OF WORK, EXHIBIT B - UNITS OF SERVICE RATE AND DEFINITION, and EXHIBIT G - LOGIC MODEL ar e adhered to. All contracted programs/servic es will be monitored at leas t year ly and po s s ibly twic e-year ly. The DEPARTMENT staff will utilize and review other Funder’s licens ing or accreditat ion monitoring res ults. A copy of all gr ant audit s and mo nitoring repor ts by o ther funding entities ar e r equir ed to be pr ovided to the COUNTY. Services will be monitor ed against administ rative and pr ogrammatic standards des igned to meas ur e pr ogr am effic ienc y and effectiveness. The AGENCY s hall maintain business and ac c ounting rec or ds detailing the performance of the Agr eement. Authorized repr esentatives or agent s of the COU NTY and/or the DEPARTMENT shall have access to rec or ds upon reas onable notice for pur poses of review, analysis, inspection and audit. 8. AGENCY shall be monitor ed by the infor mation within the Agreement , EXHIBIT A, EXHIBIT B, EXHIBIT G, and current FAA monitor ing tool. 9. AGENCIES with findings during the monitor ing phase shall complete a G rant Compliance Agr eement within 30 days outlining how and when findings will be r esolved. 10. Data Entry: Page 9 821 AGENCY shall provide t he DEPARTMENT with client level data as stated in the FAA Program Data Reporting Instr uctions. AGENCY shall attend data trainings as r equir ed by the DEPARTMENT. Data shall be entered for each program into the designated repor ting system or spr eadsheet as clients are served. Data submitted s hall clearly document all client admissions and discharges under this Agreement, as well as all pro gr ams , program par ticipants, and str at egies under this Agreement, as applicable. Data entered in the designated webs ite reporting system or s pr eadsheet shall be consistent wit h the data maintained in the AGENCY’S client files. Data entered incorrectly shall be c or r ect ed wit hin the timeframe designat ed by the DEPARTMENT upon discovery of error or notification of err or, whichever occurs first. Failur e t o pr ovide this infor mat ion in a timely fas hion and in the for mat required is a mater ial breach of this Agr eement and a basis for ter mination o f this Agr eement. AGENCY shall ent er client data into the designat ed data r eporting system or s pr eadsheet within ten (10) business days of the client activity in the progr am. Requir ed data for collection include gender, veter an status, r ace-census c ategor ies, ethnicity-census c at egor ies , date of birth and age, and living ar r angement at pr ogr am entr y and exit. More detailed dat a collection requirements can be found on the FAA websit e under t he FAA Pr ogram Data Repor ting Instr uctions s ection, located at: http://discover.pbcgov.org/communityservic es/financiallyassisted/ Final client dat a entr y shall be completed by Oc to ber 15th of each year to ensure c ompliance with this Agreement, as well as to determine AG ENCY'S progres s in attaining its goals as outlined in EXHIBIT A - SCOPE OF WORK. AGENCY shall c omplete a Data Verification For m by t he deadline provided after the end of the agr eement year . The Data Verification Form cer tifies that the final dat a provided is accurate and will be published in the FAA Annual Report. The Data V er ification Form is located on the FAA Webpage. 11. Requir ed Data Systems: AGENCIES r eceiving COUNTY funds in the Economic Stabilit y/Self-Suffic iency/Intellectual Developmental Dis abilities Category (including the Securing Our Future Initiative), agree to be par tner s in the co mmunity's Client Management Infor mation System (CMIS), to execute the necessary Partner and User Agreements, and to fully comply with the terms and conditions as set for th in these doc uments, unless other wise directed by the DEPARTMENT. The CMIS system and any ot her data r eporting s ys tem designated by the COUNTY will be the sour ce for all data used to determine complianc e with progr ammatic c ontr actual requirements. AGENCIES shall submit quar terly progr ammatic outc omes and fiscal repor t s using the templates provided by the DEPARTMENT by the following dat es: Januar y 15th, Apr il 15th, July 15th, and October 15th. The templat es for these repor t s can be found on the FAA website located at: http://discover.pbcgov.org/communityservic es/financiallyassisted/ Page 10 822 12. AGENCY agrees to not use or disclos e pr otect ed health information, defined as individually identifiable health information, other than per mitted or r equir ed by this Agreement or as required by law. 13. Category Specific Requirements: AGENCY shall have c learly wr itten eligibility criteria and pr ocess that includes the following: a. Client must be a resident of Palm Beach County b. For Economic Stability/Self-Sufficiency Category, progr am shall: Be income based. Have income documented. Report the method of eligibility determination in each individual client file. Demonstrate that AGENCY complied with eligibility policy to deter mine eligibility for each client. Ser ve households at or below 50% of the Area Median Income (AMI). c. For Securing Our Future Initiative only: Ser ve households with a child between 0-18 within the household. Ser ve ho useholds at or below 50% of the AMI, with an emphas is on households at or below 30% AMI. Ensure the client is enrolled in the Employ Florida Database. Ensure that clients par ticipate in or ientation/community group ses s ions . Ensure that AGENCY adher es to Securing Our Future Initiative guidelines. d. For the Intellectual Developmental Disabilities subpopulation only: Client mus t have a disability, which is defined under the Americans with Disabilities Act (ADA), as a person who has a physic al or ment al impairment that substantially limits one or mor e major life activity, as a person who has a histor y or recor d of such an impairment, or as a person who is perceived by others as having such an impair ment. A disability does not require a for mal medical diagnosis. AGENCY shall deter mine c lient eligibility bas ed on the AGENCY'S applicable Policy and Pr ocedures. e. Eligibility for the Seniors subpopulation s hall be individuals at an age of sixty (60) years and above. 14. Disclosure of Incidents: AGENCY shall inform COUNTY by telephone of all unusual inc idents that involved any FAA Clients within 4 - 8 hour s of t he occur r ence of the incidents, and follow up with the Communit y Ser vices D epar tment Incident Notification For m (EXHIBIT E) within twenty-four (24) hours. This includes incidents occur r ing in o r out of t he facilities or on approved trips away fr om the facility. An unusual incident is defined as any alleged, suspec ted, o r ac tual oc c ur r ence of an incident that adversely affects the health and safet y of the FAA Clients. All of the inc idents require that immediate ac tion is taken to pr otect FAA Clients from fur ther har m, that an investigation is conducted to det er mine the c ause of the incident and c ontr ibuting factors, Page 11 823 and that a pr evention plan is developed to reduc e the likelihood of fur ther occur rences. Examples include but ar e not limited to physical, verbal or sexual abuse. For FAA Clients who are children or adolescent, the AGENCY shall infor m COUNTY by telephone of all unus ual incidents that involved any FAA Clients within 2-4 hours of the occur r ence of the incidents and follow up with t he Community Services Department Inc ident Notific ation Form within t wenty-four (24) hour s. This inc ludes incidents oc c ur r ing in or out of the facilities or on approved trips away from the facility. A written r eport mus t follow within 24 hours of the incidents. An unus ual inc ident is defined as any alleged, s uspected, or actual occur r ence of an inc ident that adver s ely affects the health and safety of the FAA Clients. All of the incidents r equir e t hat immediate ac tion is taken to pr ot ec t FAA Clients from further harm, that an investigation is conducted to deter mine the cause of t he incident and contr ibuting factors, and that a pr evention plan is developed to reduce the likelihood of further occur r ences. Examples include but are not limited to physical, ver bal or sexual abuse. AGENCIES that provide s er vices to, or will be in the vicinity of children, the elder ly and other vulnerable adult populations, will have and comply with a policy that requires them to conduct a Level 2 Cr iminal Background Check ever y five (5) year s for applicants and volunteer s being consider ed or currently in positions. 15. AGENCY shall have an appr oved Succession Plan indicating how they will communicate to DEPARTMENT if Key Personnel of Senior Management plans to leave the AGENCY. AGENCY shall provide an action plan and timeline for replacement. 16. AGENCY s hall notify COUNTY through the Community Ser vices Incident Notification Proces s and follow up with the Community Services Department Incident Notificat ion Form wit hin fourteen (14) busines s days of the following: a. Resignation/Termination of CEO, Pr esident and/or CFO. b. Resignation/Termination of Key FAA funded staff. c. FAA Funded Staff vacancy position over 90 days. d. Loss of funding fr om anther Funder that could impact ser vice delivery. e. New c r edit lines est ablished with c r editors, or any other new debt incur r ed (inc luding loans taken out on mor tgages). f. Inability to have thr ee (3) month’s c ash flow on hand. g. Temporary interruption of services delivery due to emergenc y, natural or unnatur al disaster. h. Other incidents that may occur unexpectedly and is not cover ed above. 17. AGENCY may provide Key Personnel appr opr iate training ac c or ding to their staff qualifications, in c ompliance with Section 760.10, Florida Statutes , as may be amended, including but not limited to: a. Racial Equity Tr aining; b. Trauma-Informed Care (TIC), Adver s e Childhood Experiences (ACEs), Motivational Interviewing (MI) training; c. Cultural Competency training; and Page 12 824 d. Les bian, Gay, Bi-Sexual, Tr ansgender, Questioning (LGBTQ) Cultural Competency. Agency can obtain a list of training resour ces on the FAA webpage. 18. AGENCY shall pr ovide a r oster of Board of Directors, with t itles, addresses, phone numbers and a copy of the Boar d By-Laws. 19. AGENCY shall pr ovide a copy of their r evised budget if there are programmatic changes. This revised budget shall be reviewed, discussed and appro ved by t he DEPARTMENT Pr ogram and Fiscal Staff. 20. AGENCY shall submit annually to 211 Palm Beach/Treasur e Coast, Inc. information regarding available ser vices and relat ed information about Impac t Par tner and the funded progr am(s), as requested by 211 Palm Beach/Tr easure Coast, Inc. 21. AGENCY Engagement The DEPARTMENT and COUNTY r elies on all agencies to help ensure that our communit y recognizes the importance of the wo rk we do together . P alm Beach County r esident s should know about the specific work covered in this Agr eement, and also know about the DEPARTMENT: who it is, its role in funding, how it works, and what they – the taxpayers – are funding. The names and logos of the AG ENCY or progr am funded under this Agr eement and the DEPARTMENT and COUNTY are to be displayed in all communications, education and outr each mater ials. The DEPARTMENT is to be identified as the funder , or one of the funders if there ar e more than one. The two (2) logos approved ar e below: Specific Activities – Mandator y: When AGENCY describes the DEPARTMENT in written mater ial (including new releases), use the language provided below and available on the AGENCY’S website http://discover.pbcgov.org/communityservic es/Pages/default.aspx To pro mote independence and enhance the quality of life in Palm Beac h County by pr oviding effec tive and essential services to residents in need. Display the DEP ARTMENT and COUNTY logo according to the guidelines at http://discover.pbcgov.org/communityservic es/Pages/Public ations.aspx on any pr inted pr omotional material paid for using the DEPARTMENT and COUNTY funds inc luding stationery, br ochures, flyer s, pos ters, etc ., descr ibing or refer r ing to a pro gr am or service funded by the DEPARTMENT and COUNTY. Page 13 825 Specific Activities – Recommended: Identify the DEPARTMENT and COUNTY as a funder in media inter views when pos s ible, and Notify the DEPARTMENT staff of any news release or media int er view r elating to this Agr eement or the pr ogr am funded under this Agr eement so t he cover age can be pr omoted using appr opriate media channels, and Place signage/LOGO in AGENCY’S main office/lobby and all additional wor k/service sites visible to the public, identifying the DEP ARTMENT and COUNTY as a funder, and Display the DEPARTMENT and COUNTY logo according to this posted guideline http://discover.pbcgov.org/communityservic es/Pages/Public ations.aspx on AGENCY’S website with a hyperlink to the DEPARTMENT and COUNTY website http://discover.pbcgov.org/communityservic es/Pages/default.aspx, and Display the DEPARTMENT logo o n signs and banner s at events o pen to the public (excluding fund-raising events) pr omoting funded programs that AGENCY sponsors or par ticipates in. 22. The logic model attached as EXHIBIT G is inc or porated into this Agreement , and may be amended during the term of this Agreement. AGENCY agr ees to co mply with the logic model as amended. 23. In accordance with sec tion 119.0721(2), Flor ida Statutes, Social Security Numbers (SSN) may be disclosed to another gover nmental entit y or its agents, employees, or contr ac tor s , if disclosure is necessar y for the r eceiving entity to perfor m its duties and r espons ibilit ies. The receiving gover nmental entit y, and its agents, employees, and contractors shall maintain the confidential and exempt status of s uch numbers. ARTICLE 17 AG ENCY CERTIFICATION/NONPR OFITS FIR ST It is the policy of the COUNTY that all agencies rec eiving funding thr ough the FAA Pr ogr am must par ticipate in the agency c er tification pr ocess developed by Nonprofits First (CENTER). Agencies mus t achieve an Excellence in Nonprofit Management or Sound Nonpr ofit Management certification. Core Infrastr uctur e certification will not be accepted. All new FAA funded agencies will complete certification within eighteen (18) months of their initial COUNTY Agreement, and make significant pr ogress towards achievement of cer tification standards within the fir st six (6) months. To comply with this policy, AGENCY will provide written documentation of completion of the agency-wide self-assessment from the CENTER, by Apr il 15th of each year . AGENCY will work in collabor ation with the CENTER using the certification asses s ment tool pr ovided by the CENTER and approved by t he DEPARTMENT. AGENCY under s tands that s elf- as s essment is an initial step towar ds agency cer tification. All currently cer tified agencies will be required to maintain their c er tification status thr oughout their Agreement period. Nonpr ofit First Certification will be optional for Agencies that request and ar e approved thr ough the FAA Nonprofits First Exemption process. This request must be received by the FAA ser vice Page 14 826 categor y staff by Dec ember 31st of each year. Agencies not requesting an exemption must go through the Nonprofit First Certification pr ocess stated above. The FAA Nonprofit First Exemption r equir es documentation of c er tification from another funding or over sight body r ecognized by the requesting agency's industr y, or if requesting agency has received two (2) c onsecutive monitoring repor ts fro m FAA with no findings . This exemption is valid for one year and must be r equested on a year ly basis. If AG ENCY is funded by another funder, the funder may still r equir e the Nonprofit First Cer tification. The FAA Nonpr ofit Fir s t Exemption only exempts the AGENCY from the FAA pr ogram requirement of being certified by the CENTER. ARTICLE 18 ACCESS AND AUDIT REQUIR EMENTS The AGENCY shall maintain adequat e r ecords to jus tify all charges, expenses, and costs incurred in es timating and performing the wor k for at least five (5) years after completion or ter mination of this Agr eement. The COUNTY shall have acces s to s uch books, records, and documents at the AGENCY'S place of busines s dur ing normal business hours, as r equir ed in this Article for the purpos e of inspec tion or audit. AGENCY s hall establish policies and proc edures, and pr ovide a statement confirming that the ac c ounting system or systems established by the AGENCY has appr opriate internal controls, checking the accuracy and r eliability of accounting data, and pr omoting oper ating efficiency. AGENCY will pr ovide a final clos e-out r eport and EXHIBIT C - FINANCIAL R ECONCILIATION STATEMENT, ac c ounting for all funds expended her eunder , no later than 30 days from the Agr eement end date. Palm Beach County has established t he Office of t he Inspector General in Palm Beach County Code 2-421 t hr ough 2-440, as may be amended, that is aut hor ized and empower ed to review past, pr esent and pr opos ed COUNTY contracts, transactions, accounts and r ecords. The Inspec tor General has the power to subpoena witnesses, administer oaths, require the pr oduction of recor ds, and audit, investigate, monitor , and inspec t the activit ies of the AGENCY, its officers, agents, employees, and lobbyists in or der to ens ur e compliance with Agr eement requirements and detect corruption and fraud. Failur e to cooper ate with the Inspector Gener al or interfer ence or impeding any investigation shall be in violation of Palm Beach County Code 2-421 thr ough 2-440, and punis hed pur suant to s ection 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. The AGENCY shall have all audits c ompleted by an Independent Cer t ified Public Ac c ountant (IPA), who shall either be a Certified Public Accountant or a Public Accountant lic ensed under Chapt er 473, Flor ida Statutes. The IPA shall state that the audit complied with the applicable accounting pr inciples. A. The annual financial audit report s hall inc lude all management letters and the AGENCY’S response to all findings, including c or r ective actions to be taken. Page 15 827 B. The annual financ ial audit repor t shall include a s c hedule of financ ial assistance specifically identifying all contrac ts, agreements and grant r evenue by s ponsoring agency and contr act/agreement grant number. C. Two bound originals (elect ronic or hard copy) of t he audit is due within 30 days after r eceipt of the financ ial audit r eport by the Independent Cer tified Public Account ant or a Public Accountant licensed under Chapter 473, Florida Statutes, or nine (9) months after the close of t he fisc al year. The complete financial audit report, including all items specified her ein, shall be sent dir ectly to: Community Servic es Department Attn: FAA Pr ogr am Monitor Palm Beach County 810 Datur a Street West Palm Beach, Florida 33401 ARTICLE 19 CONFLICT OF INTEREST AGENCY r epr esents that it pr esently has no interest and s hall ac quire no interes t, either direct or indir ect, that would conflict in any manner with the performance of ser vices r equir ed hereunder, as pr ovided for in Chapter 112, Part III, Florida Stat ut es, and Palm Beach County Co de of Ethics. AGENCY further represents that no person having any such conflict of interest shall be employed for said performance of services. AGENCY shall promptly notify the COUNTY'S r epr esentative, in wr iting, by certified mail, of all potential conflicts of interes t of any pr ospective business association, interest or other cir cumstance that may influence or appear to influence the AGENCY'S judgment or quality of services being pro vided hereunder. Such wr itten notification shall identify the pr ospective business association, int er est or c ir cumstance, and the nature of wor k that the AGENCY may undertake, and shall request an opinion of t he COUNTY as to whet her the associat ion, interest or cir cumstance would, in the opinion of the COUNTY, cons titute a c onflict of inter est if entered into by the AGENCY. The COUNTY agr ees to notify the AGENCY of its o pinion by certified mail within thir ty (30) days of rec eipt of notification by the AGENCY. If, in the opinion of the COUNTY, the pr ospective bus iness associat ion, interest o r circumstance would not constitute a conflict of interest by the AGENCY, the COU NTY shall so state in the notification and the AGENCY shall, at it s option, enter into said association, inter est or c ircumstance, and it shall be deemed not in c onflict of inter est with respect to ser vices provided to the COUNTY by the AGENCY under the ter ms of this Agr eement. ARTICLE 20 DR UG -FR EE WORKPLACE The AGENCY shall implement and maintain a dr ug-free wor kplace pr ogr am of at least the following items: A. Publish a st atement notifying employees that t he unlawful manufac tur e, dis tribution, dispensing, pos s essio n, or use of a controlled substance is pr ohibited in the workplace and Page 16 828 specifying the actions that will be taken against employees for violations of such prohibition. B. Inform employees abo ut the dangers of dr ug abus e in the wor kplac e, the AGENCY'S policy of maintaining a drug-fr ee wor kplace, any available drug counseling, rehabilitation, and employee as s istance pr ograms, and t he penalties that may be imposed upon employees for drug abuse violations . C. Give each employee engaged in providing the servic es that are under this Agreement a copy of the statement specified in Par agr aph A. D. In the statement s pecified in P ar agr aph A, notify the employees that, as a co ndition of pr oviding the ser vices that ar e under Agreement, the employee will abide by the terms of the statement and will notify the AGENCY of any convict ion of, o r plea of guilty or nolo contender e to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any st ate, for a violation occurring in the workplace no later than five (5) days after such conviction or plea. E. Impose a sanct ion on, or require t he s atisfac tor y partic ipation in a dr ug abuse assis tance or rehabilitation pr ogram if such is available in the employee's community, for any employee who is so convicted or so pleads. F. Make a good faith effort t o continue to maintain a drug-fr ee workplace thr ough implementat ion sec tion 287.087, Flor ida Statutes. ARTICLE 21 AMERICANS WITH DISABILITIES ACT (ADA) The AGENCY shall meet all the requirements of the Americ ans With Disabilities Act (ADA), which shall include, but not be limit ed t o, posting a notice info rming servic e rec ipients and employees that they can file any complaints of ADA violatio ns dir ect ly with the Equal Employment Opportunity Commission (EEOC), One Northeast Fir st Str eet, Sixth Floor , Miami, Florida 33132. ARTICLE 22 INDEPENDENT CONTRACTOR RELATIONSHIP The AGENCY is, and s hall be, in the perfor mance o f all work servic es and ac tivities, under this Agr eement, an Independent Contr act or , and not an employee, agent or ser vant of the COU NTY. All per sons engaged in any of the work or services performed pur suant to this Agr eement shall at all times, and in all places, be subjec t to the AGENCY’S so le dir ectio n, super vision and cont rol. The AGENCY shall exer c ise contr ol over t he means and manner in which it and its employees per for m the wor k, and in all res pects the AGENCY’S relationship and the relations hip of its employees to the COUNTY shall be that of an Independent Contractor and not as employees or agent s of the COUNTY. The AGENCY does not have the power or aut hor ity to bind the COUNTY in any pr omise, agreement or r epr esentation. Fur ther , the AGENCY s hall not pledge the COUNTY’S cr edit or make it a guar antor of payment or surety for any contr act, debt, obligation, judgement, lien, or any form of indebtedness. ARTICLE 23 CONTINGENT FEES Page 17 829 The AG ENCY war r ants that it has not employed or r etained any c ompany or person, other than a bona fide employee wor king solely for the AGENCY to solicit or sec ur e this Agreement and that it has not paid or agreed to pay any person, c ompany, corpor ation, individual, or firm, other than a bona fide employee working solely fo r the AGENCY, any fee, commis s ion, per centage, gift, or any other consideration contingent upon or r esulting from the award or making of this Agreement. ARTICLE 24 SUBCONTR ACTING The COUNTY does not allow subcontr acting by the AGENCY for services under this Agr eement. ARTICLE 25 PUBLIC ENTITY CRIMES As pr ovided in section 287.132-133, Flor ida Statutes, by entering int o this Agr eement or perfor ming any work in furtherance hereof, the AGENCY cer t ifies that it, its affiliates, supplier s , and subcontractors who will perfor m her eunder , have not been placed on the convicted vendor list maintained by the State of Florida Depar tment of Management Servic es within the 36 months immediately pr eceding the date her eof. This notice is required by section 287.133(3)(a), Flor ida Statutes. ARTICLE 26 EXCUSABLE DELAYS The AGENCY shall not be c onsider ed in default by reason of failur e in perfor mance if suc h failure arises out of causes r easonably beyond the control of the AGENCY or its subcontractors and without their fault or negligence. Such c auses include, but are not limited to, acts of G od, fo rce majeure, natur al or public health emergenc ies, labor disput es, freight embar goes and abnormally sever e and unusual weather conditions. AGENCY ac knowledges that the COUNTY and the Country ar e currently experiencing a pandemic, specifically COVID-19, and agrees that COVID-19 is not an excusable delay under this Agreement. Upon t he AGENCY’S request, the COUNTY s hall cons ider the facts and extent of any failures to per form the wor k and, if the AGENCY’S failur e to per form was without it or its subco nt rac to rs fault or negligence, the Agreement schedule and/or any other affected provisions of this Agreement shall be revised ac c or dingly, subject to the COUNTY’S rights to change, ter minate or stop any or all of the work at any time. ARTICLE 27 ARR EAR S The AGENCY s hall not pledge the COUNTY'S cr edit or make it a guar antor of payment or surety for any contr ac t, debt, obligation, judgment, lien, or any form of indebtedness. The AGENCY further warr ants and represent s that it has no obligat ion or indebtedness that would impair its ability to fulfill the ter ms of this Agr eement. ARTICLE 28 DISCLOSURE AND OWNERSHIP OF DOCUMENTS Page 18 830 The AGENCY s hall deliver to the COUNTY'S represent ative for approval and ac c eptance, and before being eligible for final payment of any amounts due, all documents and mater ials pr epared by and for the COUNTY under this Agreement. To the extent allowed by Chapter 119, Flor ida Statutes, all written and or al information not in the public domain or not previously known, and all infor mat ion and data obtained, developed, or supplied by the COUNTY or at its expense will be kept c onfidential by the AGENCY and will not be disclosed to any other par ty, dir ect ly or indir ectly, wit hout the COUNTY'S prior written consent unles s required by a lawful co ur t order. All drawings, maps, sket c hes, programs, data base, repor ts and other data developed, or purchased, under this Agreement for or at the COUNTY'S expense shall be and remain the COUNTY'S property and may be reproduced and r eused at the discr et ion of the COUNTY. All covenants, agr eements, r epresentations and war r anties made her ein, or ot her wise made in wr iting by any party pur s uant her eto, including but not limited t o any r epresentations made her ein relating to disclo s ur e or ownership of documents, shall survive the exec ut ion and deliver y of this Agr eement and the consummation of the tr ansactions contemplated hereby. Notwithstanding any other provisio n in this Agreement , all documents, recor ds, repor ts and any other materials pr oduc ed her eunder shall be subject to disclosur e, inspection and audit, pursuant to the Palm Beac h Count y Office of the Inspect or General and Palm Beach County Code 2-421 through 2-440, as may be amended. ARTICLE 29 TERMINATION This Agreement may be t er minated by the AG ENCY upon sixty (60) days' pr ior written notice to the COUNTY in the event of substantial failur e by the COUNTY to perfor m in accordanc e with the ter ms of this Agr eement thr ough no fault of the AGENCY. It may also be terminated, in whole or in part, by the COUNTY, with cause upon five (5) busines s days written notice to the AGENCY or without cause upon ten (10) business days wr itten notic e to the AGENCY. Unless the AGENCY is in breach of this Agreement, the AGENCY shall be paid for s er vices r endered to the COUNTY'S s atisfaction through the date of termination. Aft er receipt of a Termination No tice, except as otherwise directed by the COUNTY, in wr iting, the AGENCY shall: A. Stop wor k on the date and to the extent specified. B. Terminate and settle all or der s and subcont rac ts r elating to the per formanc e of the ter minated work. C. Transfer all work in process, completed wor k, and other mater ials r elated to the ter minated work to the COUNTY. D. Continue and complete all parts of the wor k that have not been terminated. ARTICLE 30 SEVER ABILITY Page 19 831 If any term or pr ovision of this Agreement, or the applic ation ther eof to any per son or cir cumstances shall, to any extent , be held invalid or unenforceable, the remainder of this Agr eement, or the applicatio n of such terms or pr ovision, to per sons or circumstances other than those as to which it is held invalid or unenforceable, s hall not be affected, and every other term and pr ovision of this Agreement shall be deemed valid and enforceable to the extent per mitted by law. ARTICLE 31 MODIFICATIONS OF WORK The COUNTY reserves the r ight to make c hanges to t he scope of wo rk, including alterations, reductions t her ein or additions ther eto. Upon r eceipt by the AGENCY of the COUNTY'S notific ation of a contemplated c hange, the AGENCY shall, in writ ing: (1) provide a detailed estimate for the increase or decrease in c ost due to the contemplated change, (2) notify the COUNTY of any es timated change in the completion date, and (3) advise the COUNTY if the contemplated c hange shall affect the AGENCY'S ability to meet the completion dates or schedules of this Agr eement. If the COUNTY so instr ucts in wr iting, the AG ENCY shall suspend wor k on that por tion of the scope of wor k affec ted by a contemplated c hange, pending the COUNTY'S decision to pr oceed wit h the change. If the COUNTY elects to make the change, the COUNTY shall initiate an Amendment to this Agr eement and t he AGENCY shall not commence work on any such change until such written amendment is s igned by the AGENCY and appr oved and executed on behalf of the COUNTY. ARTICLE 32 NOTICES All notices r equir ed in this Agr eement shall be sent by cer t ified mail, return receipt r equested, hand deliver y, or other delivery ser vice requiring signed ac c eptance. If sent t o the COUNTY, not ices shall be addr essed to: Tar una Malhotra, As s istant Department Direc tor Community Servic es Department Palm Beach County 810 Datur a Street West Palm Beach, Florida 33401 and if sent to the AGENCY, shall be mailed to: Kemberly Bush, Chief Executive Officer PATHWAYS TO PROSPERITY, INC. 639 E OCEAN AV E STE 101 BOYNTON BEACH, FL 33435 ARTICLE 33 STANDARDS OF CONDUCT FOR EMPLOYEES The AGENCY mus t est ablish s afeguar ds to pr event employees, agencies, or members of governing bodies from using their positions for pur poses that are, or give the appearance of being, motivated Page 20 832 by a desir e for private financial gain for themselves or others, such as those with whom they have family, business, or other ties. Therefore, each ins tit ut ion receiving financial suppor t mus t have wr itten policy guidelines on conflict of interes t and the avoidance thereof. These guidelines should reflect State and local laws and mus t cover financial interests, gifts, gr atuities and favors, nepotism, and other areas, s uch as politic al partic ipation and br ibery. These r ules must also indic ate the conditions under whic h out s ide activit ies, relations hips , or financial interest ar e proper or improper, and provide for notification of thes e kinds of activities, relat ions hips , o r financial interests to a responsible and objective institution offic ial. The rules of conduct must contain a provision for prompt notific at ion of violations to a responsible and objective grantee official and must specify the type of administr ative action that may be taken agains t an individual for violat ions . Administr ative ac tions, which would be in addition to any legal penalty(ies), may include or al admonishment, written reprimand, reassignment , demotion, suspension, or separation. Suspension or separation of a key official must be repor ted promptly to the COUNTY. A c opy of the rules of c onduc t must be made available to each officer, employee, boar d member, and agency of the recipient organization that is working on the grant supported pr oject or activity and the r ules must be enforced to the extent permissible under St ate and loc al law or to the extent to which the gr antee deter mines it has legal and pr actical enforcement capacity. The r ules need not be for mally s ubmitted to and approved by the COUNTY. However , the rules mus t be made available to the COUNTY for a r eview upon request, for example, dur ing a site visit. ARTICLE 34 SCRUTINIZED COMPANIES A. As pr ovided in section 287.135, Florida Statutes , by entering into this Agr eement or perfor ming any work in furtherance hereof, the AGENCY cer t ifies that it, its affiliates, supplier s, subcontr ac tor s and agenc ies who will perform hereunder, have not been placed on the Scr utinized Companies that Boycott Isr ael List, or is engaged in a boycott of Israel, pur s uant to s ection 215.4725, Flor ida Statutes. Pur s uant to section 287.135(3)(b), Flor ida Statutes, if AGENCY is fo und to have been placed on the Sc rutinized Companies that Boycott Isr ael List or is engaged in a boyc ott of Israel, this Agr eement may be ter minated at the option of the COUNTY. B. When contract value is gr eater than $1 million: As pr ovided in s ec tion 287.135, Flo rida Statutes, by entering into this Agreement or per for ming any work in fur ther ance hereof, the AGENCY certifies that it, it s affiliates, supplier s, subc ontr act or s and agencies who will per form hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scr ut inized Companies With Activit ies in The Ir an Petroleum Energy Sec tor List c r eat ed pursuant to sec tion 215.473, Flor ida Statutes, or is engaged in business operations in Cuba or Syr ia. If the COUNTY determines, using credible infor mation available to the public, that a false certification has been submitted by AGENCY, this Agreement may be terminated and a civil penalt y Page 21 833 equal to the greater of $2 million or twice the amount of this Agreement shall be impos ed, pur suant to section 287.135, Florida Statutes. Said certification must also be s ubmitted at the time of Agreement r enewal, if applic able. ARTICLE 35 PUBLIC R ECORDS Notwithstanding anything c ontained herein, as provided under sec tion 119.0701, Florida Statutes, if AGENCY: (i) pr ovides a ser vice; and (ii) ac ts on behalf of the COUNTY as provided under s ection 119.011(2), Florida Statutes, the AGENCY shall comply with the r equir ements of section 119.0701, Florida Statutes, as it may be amended from time to time. The AGENCY is specifically required to: A. Keep and maint ain public reco rds required by the COUNTY to per for m servic es as provided under this Agreement. B. Upon r eques t fro m the COUNTY'S Custodian of Public Rec or ds, provide t he COUNTY with a copy of the r equested r ecor ds or allow the records t o be inspected or c opied within a r easonable time at a cost that does not exc eed the c ost pr ovided in Chapter 119 or as otherwise pr ovided by law. The AG ENCY fur t her agr ees that all fees, char ges and expenses shall be determined in ac c or dance with Palm Beach County PPM CW-F-002, Fees Assoc iated with Public Reco rds Requests, as it may be amended or replaced fr om time to time. C. Ensur e that public rec or ds that ar e exempt, or confidential and exempt from public records disclosure requirements are not disclosed exc ept as authorized by law for the dur at ion of the Agr eement term and following completion of t he Agr eement, if the AGENCY does no t tr ansfer the recor ds to the public agency. D. Upon completion of the Agreement , the AGENCY shall tr ansfer , at no cost to the COUNTY, all public records in possession of the AGENCY unless notified by COUNTY'S r epr esentative/liaison, on behalf of the COUNTY'S Cus to dian of Public Records , to keep and maintain public records required by the COUNTY t o perfor m the ser vice. If the AGENCY transfers all public r ecords to the COUNTY upon completion of the Agreement, the AGENCY shall destr oy any duplicate public records that are exempt, or confidential and exempt fro m public records disclos ur e requirements. If the AGENCY keeps and maintains public rec or ds upon completion of the Agr eement, the AGENCY shall meet all applicable requirements for r et aining public r ecords. All r ecords stored electronically by the AGENCY must be pr ovided to COUNTY, upon request of the COUNTY'S Custodian of Public Rec or ds, in a for mat that is compatible wit h the information tec hnology systems of the COUNTY, at no cost to the COUNTY. Failur e of the AGENCY to comply with the requirements o f this Ar ticle shall be a mater ial breach of this Agr eement. COUNTY shall have the right to exer cise any and all remedies available to it, including but not limited to, t he r ight to terminate for cause. AG ENCY acknowledges that it has familiar ized itself with the r equir ements of Chapter 119, Florida Statutes, and other requirements of state law applicable to public records not specifically set for th herein. Page 22 834 IF THE AG ENCY HAS QUESTIONS REGAR DING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE AG ENCY’S DUTY TO PR OVIDE PUBLIC RECORDS RELATING TO THIS AGR EEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECOR DS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC AFFAIR S DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 33401, BY E-MAIL AT RECORDSREQUEST@PBCGOV.OR G OR BY TELEPHONE AT 561- 355-6680. ARTICLE 36 CRIMINAL HISTORY R ECORDS CHECK The AGENCY, AGENCY’S employees, subcontractors of AGENCY and employees of subcontrac tors shall comply with Palm Beach County Code, Section 2-371 - 2-377, the Palm Beach Co unty Cr iminal History Records Check Ordinance (Or dinance), for unescor ted access to cr itic al facilities (Critical Fac ilities) or criminal justice information facilities (CJI Facilit ies) as identified in Resolutions R2013- 1470 and R2015-0572, as amended. The AG ENCY is solely responsible for the financial, s c hedule, and/or staffing implications of this Or dinance. Further, the AGENCY acknowledges that its Agr eement pr ice includes any and all dir ect or indir ect co s ts associated with c ompliance with this Or dinance, except for the applic able FDLE/FBI fees that shall be paid by the COUNTY. This Agreement may include sites and/or buildings that have been designated as either Critical Fac ilities or CJIF Facilities pursuant to the Ordinance and Resolutions, as amended. COUNTY staff repr esenting t he DEPARTMENT will contact AGENCY, and provide specific instr uctions for meeting the requirements of this Or dinance. Individuals passing the backgr ound chec k will be issued a badge. The AGENCY shall make ever y effort to collect the badges of its employees and its subcontractors’ employees upon conclusion of the Agreement and r etur n them to the COUNTY. If the AGENCY or its subcontractor(s) t er minates an employee who has been issued a badge, the AGENCY must notify the COUNTY within two (2) hour s. At the time of ter mination, the AGENCY shall retrieve the badge and shall return it to the COUNTY in a timely manner. The COUNTY reserves the r ight to suspend the AGENCY if the AGENCY: 1) do es not comply with the requirements of COU NTY Code Section 2-371 - 2-377, as amended; 2) does not cont act the COUNTY regar ding a terminated AG ENCY employee or subc ontr actor employee within the s tated time; or 3) fails to make a good faith effort in attempting to comply with the badge retr ieval policy. ARTICLE 37 FEDERAL AND STATE TAX The COUNTY is exempt from payment of Flor ida State Sales and Use Taxes. The COUNTY will s ign an exemption cer t ificate submitted by t he AG ENCY. The AGENCY shall not be exempted from paying sales tax to its suppliers for materials used t o fulfill contractual obligations with the COUNTY, nor is t he AGENCY author ized t o use t he COUNTY'S Tax Exemption Number in secur ing such materials. The AGENCY shall be res ponsible for payment of its own and it s share of its employees' payr oll, payr oll taxes, and benefits with respec t to this Agr eement. ARTICLE 38 FACILITIES / OFFICE SPACE Page 23 835 The COUNTY shall gr ant the AG ENCY the right, r evocable lic ense and pr ivilege of acces s ing and using room(s) (the P remises), contingent on availability, at the following COUNTY loc ations: 810 Datur a Street West Palm Beach, FL 33401 6415 Indiantown Road Jupiter , FL 33450 1440 Martin Luther King Boulevard Rivier a Beach, FL 33404 1699 Wingfield Street Lake Worth, FL 33460 38754 State Road #80, Room #216 Belle Glade, FL 33430 The r oom shall be used solely and exclusively for gener al office pur poses and meeting AGENCY'S obligations under the ter ms of this Agr eement. Additional pr ovisions on the license, us e and restric tions r egarding t he Pr emises ar e detailed in EXHIBIT F - USE OF AND R ESTRICTIONS R EGARDING THE PR EMISES, which is attac hed hereto and incor porated herein. ARTICLE 39 AUTHORITY TO PR ACTICE The AGENCY hereby r epresents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times c onduc t its business ac tivities in a reputable manner. P roof of such licenses and approvals shall be submitted to the COUNTY'S repr esentative upon request. ARTICLE 40 E-VERIFY EMPLOYMENT ELIG IBILITY AGENCY war rant s and r epresents that it is in complianc e with sec tion 448.095, Florida Statutes, as may be amended, and that it: (1) is r egistered with t he E-Verify System at E-Verify.gov, and uses the E-Verify System to elect ronically ver ify the employment eligibility of all newly hired wor ker s ; and (2) has ver ified that all of AGENCY'S subcontractors performing t he duties and obligations of this Agr eement ar e r egistered with the E-V er ify System, and use the E-Verify System to elect ronically verify the employment eligibility of all newly hired workers. AGENCY shall obtain fro m each of its subcontractors an affidavit stating that the subcontrac tor does not emplo y, c ontr act with, o r subcontr act with an Unauthor ized Alien, as that ter m is defined in sectio n 448.095(1)(k), Florida St atutes , as may be amended. AGENCY s hall maintain a copy of any such affidavit fro m a subcontractor for , at a minimum, the duration of the subcont rac t and any extension thereof. This pr ovision shall no t supersede any pr ovision of this Agr eement that requires a longer retention per iod. Page 24 836 COUNTY shall terminate this Agreement if it has a good faith belief that AGENCY has knowingly violated sec tion 448.09(1), Flor ida Statutes, as may be amended. If COUNTY has a good faith belief that AGENCY’S subcontr ac tor has knowingly violated section 448.09(1), Florida Statutes, as may be amended, COUNTY shall notify AGENCY to ter minate its contr act with the subc ontr actor and AGENCY shall immediately ter minate its contr act with the s ubcontractor. If COUNTY ter minates this Agr eement pursuant to the above, AGENCY shall be barred fr om being awar ded a future contr act by COUNTY for a per iod of one (1) year fr om the date on which t his Agreement was terminated. In the event of such contract termination, AGENCY shall als o be liable for any additional costs incur r ed by COUNTY as a result of the ter mination. ARTICLE 41 COUNTERPARTS This Agreement, including the exhibits refer enced her ein, may be executed in one or mo re counterparts, all of whic h shall constitute c ollectively but one and the same Agreement . The COUNTY may execute the Agreement thr ough electr onic or manual means. ARTICLE 42 ENTIR ETY OF CONTR ACTUAL AGREEMENT The AGENCY agrees that the s c ope of work has been developed from the AG ENCY'S ser vice pr oposal and that t he COUNTY expects per formanc e by the AGENCY in ac c or dance with such application. In the event of a conflic t between the pro posal and this Agr eement, this Agreement shall control. The COUNTY and the AGENCY both fur ther agree that this Agr eement sets forth the entire agr eement between the parties, and that there are no promises or under standings other than those s tated herein. None of the provisions, ter ms and c onditions cont ained in this Agreement may be added to, modified, superseded or o ther wis e alter ed, except by wr itt en ins trument executed by the parties hereto. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 25 837 IN WITNESS WHEREOF, the Board of County Commissioners of P alm Beach County, Florida has made and executed this Agr eement on behalf of the COUNTY and AGENCY has hereunto set his/her hand the day and year above wr itten. ATTEST: Jos eph Abruzzo Cler k of the Cir cuit Court & Comptr oller Palm Beac h County PALM BEACH COUNTY, FLORIDA, a Political Subdivis ion of the State of Florida BOARD OF COUNTY COMMISSIONERS BY: _______________________________ Deputy Clerk BY: _______________________________ Robert S. Weinroth, Mayor AGENCY: PATHWAYS TO PROSPERITY, INC. BY: {XM:agency_signature} Authorized Signatur e {XM:agency_signer_name} AGENCY'S Signator y Name Typed APP ROV ED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS Community Services Department BY:_______________________________ Assis tant County Attorney BY: {XM:csc_signatur e} Depar tment Dir ector Page 26 838 FY 2023 -2025 FINANCIALLY ASSISTED AGENCIES SCOPE OF WORK AND SERVICES Agency Name: Pathway to Prosperity, Inc. Program Name: Circles Palm Beach County Location: Palm Beach County Target Population: Palm Beach County resident Families with children (Head of Household is the “Client”) under the age of 18 who are living below 50% of the Area Median Income (AMI) with a special emphasis on families that are 30% of AMI Service Category: Self-Sufficiency/Secure Our Future Initiative (SOFI) Overview: Circles Palm Beach County is an initiative that creates the framework for people to build intentional relationships across economic and class lines with the goal of ending poverty in their community. Agency is required to serve Clients from t he following SOFI high priority client zip codes: 33476, 33438, 33403, 33430, 33493, 33407, 33404 and 33460. Services: Circles provides a comprehensive program for Clients who are willing and ready to move out of poverty. Through a 12-15 week Circles Training Class, client goals and future plans are mapped out and clients are coupled with tools to secure and retain better jobs. AGENCY shall do the following: • Orientation • Intake Interview for suitability led by Circles Coordinator • Eligibility and Needs Assessment • Circle Leader (CL) Training Classes 12-15 weeks facilitated by Circle Coach (SMART goals, how to build healthy relationships, budgeting, etc.) • Weekly Community Meetings (Credit Repair, First Time Homebuying, etc.) • Circles Coach to assist and guide to self-sufficiency documented in progress notes and/or referral forms • Recruit and train Volunteer Allies (middle to upper income volunteers that works with and encourage participant to achieve goals set in CL Training Class) • Conducting surveys (Ally Interest Form) to match with CL • Provide and/or refer Clients for Emergency Assistance (a s needed) with rent, utilities, etc. • Provide dinner for Clients and children weekly prior to CL Training Class • Provide Childwatch and education for children age 4-17 weekly during CL Training Class EXHIBIT A Page 27 839 • Provide Incentive-based Gift Cards to Clients • Provide post-graduation Case Management Requirements: • Check OSCARSS when determining eligibility • Household earns below 50% AMI with a prioritization for up to 30% AMI. Households that surpass 50% AMI through programming will be eligible to continue receiving services. • Lives in Palm Beach County • Has at least one child under the age of 18 in the household • Head of household has the interest in and capacity to gain or improve employment situation • Enroll all family members in CMIS and complete an initial Self-Sufficiency Matrix and Financial Assessment upon enrollment • Attend monthly coordination meetings: • SOFI Agency Meeting • SOFI Workgroup Meeting • Update employment assessments in CMIS each quarter (January 15, April 15, July 15, October 15) • Update Self-Sufficiency Matrix in CMIS each quarter (January 15, April 15, July 15, October 15) • Update financial assessment annually (Entry into the program and on the anniversary of their program entrance) • Submit Quarterly Programmatic, Outcomes and Utilization Reports (January 15, April 15, July 15, October 15) • Ensure all clients have completed an EmployFlorida applic ation and are interacting with CareerSource or Dress for Success for the purposes of career development • Submit regular referrals for needs identified on each self-sufficiency matrix • Participate in SOFI orientations and recruitment activities • Accept referrals from Community Services Department • Participate in community conversations and survey collection • Participate in quarterly activities for SOFI families (Operation Santa, BBQs, etc.) • Submit Quarterly Programmatic, Outcomes and Utilization Reports (January 15, April 15, July 15, October 15) Services will be provided consistent with F.S. Chapter 393.13 defining the rights of persons with developmental disabilities Agency will meet all the requirement/deliverables identified in Exhibit G – ROMA Logic Model. Number of Unduplicated Clients Served through this program: 23 EXHIBIT A Page 28 840 Overview: Continuous Quality Management (CQM) Project Overview: Quality Management is a systematic, structured, and continuous approach to meet or exceed established professional standards and user expectations. Quality management is implemented by using tools and techniques to measure performance and improve processes through three main components: quality infrastructure, performance measurement and quality improvement. Quality infrastructure is the structure and supports that allow the organization to measure performance and improve processes. Quality infrastructure components include leadership, quality improvement teams, quality related training/capacity building, and a writte n quality management plan. It is often difficult to sustain a success ful quality management program if the infrastructure components are missing or weak. When most people think about quality management, performance measurement and quality improvement come to mind. Performance measurement is the routine collection and analysis of data. The analysis is completed by defining the data elements used to calculate the numerator and denominator. Performance measures must be based on established professional stand ards and/or evidenced based research, when possible. Quality improvement is a method that uses the tools of quality in an effective, logical and systematic process to solve problems, improve efficiency and eliminate non -value adding steps in the workflow. There are many methods for quality improvement process, but in general they all involve and ongoing cycle of planning, implementation, analysis, improvement. CQM Project Requirements: AGENCY agrees to implement a CQM Project for their funded programs. AGENCY will participate in a required training for CQM project within the first quarter of their contract. AGENCY will provide a written description of their CQM project after the required training. AGENCY will implement their CQM project by the end of the second quarter. AGENCY will report on the progress of their CQM quarterly. COUNTY will provide the CQM training and Technical Assistance throughout the implementation of the AGENCY’S CQM project. EXHIBIT A Page 29 841 FY 2023-2025 FINANCIAL ASSISTANCE AGREEMENT UNITS OF SERVICE RATE AND DEFINITION Agency: Pathway to Prosperity, Inc. Program Name: Circles Palm Beach County Description Unit Cost Total FY 2023 Total FY 2024 Total FY 2025 Total 3 Year Contract Amount Circles Palm Beach County: Unit of service one (1) session of attendance in Circle Orientation or Circle Leaders Training Classes Circles Palm Beach County: Unit is defined as one (1) hour of post-graduation Case Management - Coaches will provide 1:1 Case Management sessions with clients $175 $50 $70,000 $70,000 $70,000 $210,000 Service: CQM Unit of service defined as one (1) hour of staff time of direct CQM services. $35 $3,500 $3,500 $3,500 $10,500 Total Contract over a three (3) year period $73,500 $73,500 $73,500 $220,500 Unit Cost expenses shall mean the actual expenses as authorized by the COUNTY pursuant to this Agreement, and reasonably incurred by AGENCY directly in connection with AGENCY’S performance of its duties and Scope of Work pursuant to this Agreement. AGENCY will sustain the program for the full Agreement period regardless of the rate of expenditure of above funds. The AGENCY is allowed to expend up funds for initial Non -Profits First certification or for the annual renewal fee every year of the Agreement. This option exercised by the AGENCY will be taken from the approved budget thus reducing the number of units to be provide d. Certification is a requirement of contracting with the COUNTY as referenced in Article 17 of this Agreement. EXHIBIT B Page 30 842 FINANCIAL RECONCILIATION STATEMENT As required by the provisions of the Agreement/Contract between Palm Beach County (“the County”) and Agency Name (“Agency”) [Contract Number] effective , 202_, for ___[describe subject of Agreement/Contract], attached is a final financial reconciliation of the funds provided by County. As shown in the attached (mark applicable box): ☐ All funds provided by Palm Beach County were spent in accordance with the provisions of the Agreement/Contract; and total administrative expenses did not exceed fifteen percent (15%) OR ☐ There were under expenditures in the amount of $ , which pursuant to the Contract/Agreement, will be returned to Palm Beach County by [date]; all other funds were spent in accordance with the provisions of the Agreement/Contract. The undersigned states that he/she is the CFO or other individual dually authorized as stipulated in the contract to sign this type of document. The information attached is a true and accurate representation of the expenditure of Palm Beach County funds under the Agreement/Contract. Signature Date Print Name EXHIBIT C Page 31 843 844 845 846 847 Cathleen McFarlane Foundation, Inc. 700 South Dixie Highway, Suite 110 West Palm Beach, FL 33401 561-246-4370 www.cathleenmcfarlanefoundation.org January 31, 2025 Kemberly Bush, CEO Pathways To Prosperity, Inc. 639 E Ocean Ave, Suite 101 Boynton Beach, FL 33435 Dear Kemberly, Thank you for giving me such a wonderful a tour of your facility in December, and for joining our board meeting yesterday. It is with great pleasure that I write to you announcing the Board’s vote to approve your request in the amount of $49,500 for your Circles Palm Beach County: Stabilization Initiative program. This letter is to accompany a wired donation you will receive. We ask that you please provide a brief update to the Foundation quarterly on the program funded. We will provide a standardized template for these updates. P lease keep these dates on hand as a reference. Q1 Update: due on or before April 30, 2025 Q2 Update: due on or before July 31, 2025 Q3 Update: due on or before October 31, 2025 End of the Year Report: due on or before January 30, 2026 We applaud your compassionate and innovative approach to provide mentorship, training and wrap around services to those in need in our community. I am happy to begin a partnership with Pathways to Prosperity! Yours sincerely, Sunni Johnson, Executive Director RSJ/dc 848 CDBG PUBLIC SERVICE AGREEMENT BETWEEN PALM BEACH COUNTY AND PATHWAYS TO PROSPERITY, INC THIS AGREEMENT, (the “Agreement”) with an effective date of October 1, 2024 (“Effective Date”), by and between Palm Beach County (“County”), a political subdivision of the State of Florida, and the Pathways to Prosperity, Inc., a corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 639 E. Ocean Avenue, Suite 101, Boynton Beach, FL 33435 (“Subrecipient”). WHEREAS, Palm Beach County has entered into an agreement with the United States Department of Housing and Urban Development (grant number B -24-UC-12-0004) for the execution and implementation of a Community Development Block Grant Program in certain areas of Palm Beach County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Palm Beach County, in accordance with its FY2024-2025 CDBG Action Plan, and the Subrecipient, desire to provide the activities specified in Exhibit “A” attached hereto and made a part hereof this Agreement; and WHEREAS, Palm Beach County desires to engage the Subrecipient, to implement such undertakings and pursuant to the terms of this Agreement, shall make available funding in the a mount of $31,107 (“Grant Funds”) to the Subrecipient in exchange for said activities. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: 1. DEFINITIONS (A) "County" means Palm Beach County. (B) "CDBG" means the Community Development Block Grant Program of Palm Beach County. (C) "DHED" means Palm Beach County Department of Housing & Economic Development. (D) "Subrecipient" means the Pathways to Prosperity, Inc, a Subrecipient as defined in 2 CFR Parts 184 and 200. (E) "DHED Approval" means the written approval of the DHED Director or his designee. (F) "HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. (G) "Low and Moderate Income Persons" means a member of a household whose gross annual income does not exceed 80% of the Area Median Income for Palm Beach County, adjusted by family size, and as determined and given to such term by HUD . (H) “Program Income” means gross income from the use or rental of property owned by the Subrecipient that was constructed or improved with CDBG funds, less any costs 849 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 2 incidental to the generation of such income, as defined by CDBG regulations at 570.500(a)(1)(iii). This distinguishes “income” from revenues where “income” is more limited, and is constituted by revenues less expenses, i.e., profit. (I) “Revenues” means funds generated by activities housed on a property assisted with CDBG funds. (J) “Project” means the CDBG Eligible Activity as identified in Section 4 below and further detailed in Exhibit “A”, for which the County is providing CDBG funding. (K) “County’s Urban County Program” shall mean the Urban County Participation in CDBG Program as defined by HUD. 2. PURPOSE The purpose of this Agreement is to state the terms, covenants and conditions under which the County will provide the Grant Funds to the Subrecipient for implementation of the Project as further detailed in Exhibit “A”. 3. TIME OF PERFORMANCE The County’s obligations hereunder are contingent upon the timely release of funds for this Project by HUD. The services of the Subrecipient shall be undertaken and completed by the Subrecipient by September 30, 2025 (“Expiration Date”). Reports and other items shall be delivered or completed in accordance with the detailed schedule set forth in Exhibit “A”. 4. CDBG ELIGIBLE ACTIVITIES AND NATIONAL OBJECTIVE The Subrecipient certifies that the activity(ies) carried out under this Agreement will Constitute Public Services, under 24 CFR 570.201(e). The Subrecipient covenants that it will perform the eligible activities carried out under this Agreement in a manner which meets the CDBG Program National Objectives of benefitting Low and Moderate Income Persons , as described in Exhibit “A” and defined in 24 CFR 570.208(a)(2) – Limited Clientele. 5. FUNDING DISBURSEMENT TO SUBRICIPIENT The Subrecipient agrees to accept Grant Funds for Funded Activities as provided in Exhibit “A”. In no event shall the total funding or disbursement to be paid hereunder exceed the maximum and total authorized sum of $31,107. Any funds not expended by the Expiration Date of this Agreement shall automatically revert to the County. The State or Federal funds being provided hereunder shall not be used as a match for other State or Federal grants to the Subrecipient, and the Subrecipient shall not submit requests for the same expenses to more than one funding source or under more than one program. Additionally, DHED shall have the right under this Agreement to suspend or terminate disbursement of funds until the Subrecipient complies with any additional conditions that may be imposed by the County or HUD. In order to do business with County, Subrecipient shall create a Vendor Registration Account OR activate an existing Vendor Registration Account through the County’s Purchasing Department’s Vendor Self Service (VSS) system, which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. 850 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 3 If Subrecipient intends to use sub-consultants, Subrecipient shall ensure that all sub - consultants are registered as consultants in VSS. All subconsultant agreements must include a contractual provision requiring that the sub-consultant register in VSS. County will not finalize an Agreement award until the County has verified that the Subrecipient and all of its sub - consultants are registered in VSS. 6. CONDITIONS FOR PROJECT IMPLEMENTATION (A) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The Subrecipient shall implement this Agreement in accordance with applicable Federal, State, County, and local laws, ordinances and codes. The Federal, State, and County laws, ordinances and codes are minimal regulations which may be supplemented by more restrictive guidelines set forth by DHED. The Subrecipient shall prepare a cost allocation plan for all Project funding and submit such plan to the DHED Director or designee. Should a Project receive additional funding after the commencement of this Agreement, the Subrecipient shall notify DHED in writing within thirty (30) days of receiving notification from the funding source and submit a revised cost allocation plan to the DHED Director or designee within forty-five (45) days of said notification. (B) FINANCIAL ACCOUNTABILITY The County, at County’s expense may have a financial systems analysis and/or an audit of the Subrecipient or of any of its subcontractors, performed by an independent auditing firm employed by the County or by the County Internal Audit Department at any time the County deems necessary to determine if the Project is being managed in accordance with the requirements of this Agreement. (C) SUBCONTRACTS Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order. All subcontracts shall be subject to the requirements of this Agreement. This includes Subrecipient ensuring that all consultant contracts and fee schedules meet the minimum standards as established by Palm Beach County and HUD. Contracts for architecture, engineering, survey, and planning shall be fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursable items will be at cost. (D) PURCHASING All purchasing of services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed 2 CFR Parts 184 and 200, Subrecipient’s purchasing code and County’s Purchasing Code, which is incorporated herein by reference. In the event of a conflict 2 CFR Parts 184 and 200 shall supersede. 851 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 4 In the event of a conflict between Subrecipient’s purchasing code and County’s Purchasing Code, County’s Purchasing Code shall supersede. (E) REPORTS, AUDITS, AND EVALUATIONS Disbursement of funds will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. (F) ADDITIONAL DHED, COUNTY, AND HUD REQUIREMENTS DHED shall have the right via this Agreement to suspend/terminate disbursement of funds if after fifteen (15) days written notice the Subrecipient has not complied with any additional conditions that may be imposed, at any time, by DHED, the County, or HUD. 7. CIVIL RIGHTS COMPLIANCE AND NON-DISCRIMINATION POLICY The County is committed to assuring equal opportunity in the award of Agreements and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2017-1770, as may be amended, the Subrecipient warrants and represents that throughout the term of the Agreement, including any renewals thereof, if applicable, all of its employees will be treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered default of the Agreement. As a condition of entering into this Agreement, the Subrecipient represents and warrants that it will comply with the County’s Commercial Nondiscrimination Policy as described in Resolution 2017-1770, as amended. As part of such compliance, the Subrecipient shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the Subrecipient retaliate against any person for reporting instances of such discrimination. The Subrecipient shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the County’s relevant marketplace in Palm Beach County. The Subrecipient understands and agrees that a material violation of this clause shall be considered a material breach of this Agreement and may result in termination of this Agreement, disqualification or debarment of the company from participating in County contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party. Subrecipient shall include this language in its subcontracts. 852 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 5 8. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a Project funded through this Agreement must be Low and Moderate Income Persons. If the Project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, at least fifty-one percent (51%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Palm Beach County or in municipalities participating in the County’s Urban County Qualification Program. The Project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in this Agreement. Upon request from DHED, the Subrecipient shall provide written verification of compliance. 9. AUDITS AND INSPECTIONS The Subrecipient shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least five (5) years after completion or termination of this Agreement. As often as DHED, the County, HUD, or the Comptroller General of the United States may deem necessary, Subrecipient shall make available to DHED, HUD, or the Comptroller General for examination all its records, and documents as required in this section for the purpose of inspection or audit during normal business hours , at the Subrecipient’s place of business within Palm Beach County, with respect to all matters covered by this Agreement. 10. REPAYMENT PROVISIONS In the event the Subrecipient fails to comply in whole or in part with the terms and conditions of this Agreement and/or the referenced regulations pertaining to the use of CDBG funds, and where DHED, the County, or HUD has determined that the County or Subrecipient has a repayment obligation required due to the Subrecipient’s performance or lack thereof, the Subrecipient shall be responsible to reimburse the County in the amount requested by the County within sixty (60) days of the date of written notification from the County to the Subrecipient. The requirements of this Section shall survive the early termin ation or expiration of the Agreement. 11. UNIFORM ADMINISTRATIVE REQUIREMENTS The Subrecipient agrees to comply with the applicable uniform administrative requirements as described in Federal Regulations 2 CFR Part 200. 12. REVERSION OF ASSETS Upon expiration of this Agreement, the Subrecipient shall transfer to the County any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Subrecipient’s control upon expiration or earlie r termination of this Agreement which was acquired or improved, in whole or part, with CDBG funds in the excess of $25,000 must either be used to meet one of the national objectives in Federal Community Development Block Grant Regulations 24 CFR 570.208 fo r a minimum of five (5) years after expiration of the Agreement, or, the Subrecipient shall pay the County an amount equal to the current market value attributable to expenditures of CDBG funds for the acquisition of, or improvements to, the property. This provision shall survive the expiration or termination of this Agreement. 853 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 6 13. DATA BECOMES COUNTY PROPERTY All reports, plans, surveys, information, documents, maps, and other data prepared, assembled, or completed by the Subrecipient for the purpose of this Agreement shall be made available to the County at any time upon request by the County, DHED, or the Palm Beach County Inspector General’s office, as indicated herein. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to DHED if requested. In any event, the Subrecipient shall keep all documents and records for five (5) years after expiration of this Agreement. The Subrecipient shall deliver to the County's representative for approval and acceptance, and before being eligible for final disbursement of any funds due, all documents and materials prepared for the County under this Agreement. To the extent allowed by Chapter 119, Florida Statutes, all written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the County or at its expense will be kept confidential by the Subrecipient and will not be disclosed to any other party, directly or indirectly, without the County's prior written consent unless required by a lawful court order. All drawings, maps, sketches, programs, data base, reports and other data developed, or purchased, under this Agreement for or at the County's expense shall be and remain the County's property and may be reproduced and reused at the discretion of the County. All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. Notwithstanding any other provision in this Agreement, all documents, records, reports and any other materials produced hereunder shall be subject to disclosure, inspection and audit, by the Office of the Inspector General pursuant to the Palm Beach County Code Section 2 -421 – 2- 440, as amended. 14. INDEMNIFICATION Subrecipient shall protect, defend, reimburse, indemnify and hold COUNTY, its agents, employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind or c haracter, including attorney’s fees and costs, whether at trial or appellate levels or otherwise, arising during and as a result of the Subrecipient’s performance of the terms of this Agreement or due to the acts or omissions of Subrecipient. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statute, section 768.28. The Subrecipient shall indemnify the County for funds which the County is obligated to refund the Federal Government ari sing out of the conduct of activities and administration of the Subrecipient. 854 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 7 15. INSURANCE BY SUBRECIPIENT: Subrecipient shall maintain at its sole expense, in full force and effect, at all times during the term of this Agreement, insurance coverage and limits (including endorsements) as describe in Exhibit “A”. The requirements contained herein, as well as County’s review or acceptance of insurance maintained by the Subrecipient are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Subrecipient under this Agreement. 16. CONFLICT OF INTEREST The Subrecipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes, and the Palm Beach County Code of Ethics. The Subrecipient further represents that no person having any such conflict of interest shall be employed for said performance of services. The Subrecipient shall promptly notify the County's representative, in writing, by certified mail, of all potential conflicts of interest of any prospective business association, interest or other circumstance which may influence or appear to influence the Subrecipient's judgement or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Subrecipient may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Subrecipient. The County agrees to notify the Subrecipient of its opinion within thirty (30) days of receipt of notification by the Subrecipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Subrecipient, the County shall so state in the notification and the Subrecipient shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Subre cipient under the terms of this Agreement. However, these paragraphs shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment and participation of Low and Moderate-Income Persons of the Project’s target area. 17. RECOGNITION The Subrecipient shall include a reference to the financial support herein provided by the County in all publications and publicity events, and provide the County copies of all such publications. The Subrecipient shall also notify the County prior to any ceremonies or events relating to facilities or items funded by this Agreement to allow for participation of Mayor, County Commissioners, County Administration, Department Staff or other County Official. In addition, the Subrecipient will make good faith efforts to recognize the County’s support for all activities made possible with funds made available under this Agreement. 855 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 8 18. ADDITIONAL REFERENCE DOCUMENTS This Agreement is subject to CDBG regulations and Federal requirements. Subrecipient shall comply with all applicable laws and regulations including, but not limited to the following: (A) 2 CFR Parts 184 and 200: Build America, Buy America Act, Uniform Administrative Requirements, Cost Principals and Audit Requirements for Federal Awards; (B) Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Title II of the Americans with Disabilities Act of 1990; (C) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act, an d Section 3 of the Housing and Community Development Act of 1968, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended; (D) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988, and Section 109 of the Housing and Community Development Act of 1974, as amended; (E) Florida Statutes, Chapter 112; (F) Palm Beach County Purchasing Code; (G) Federal Community Development Block Grant Regulations (24 CFR Part 570), and Federal Consolidated Plan Regulations (24 CFR Part 91), as amended; (H) Section 448.095, Florida Statutes (F.S.) (E-Verify): https://www.e-verify.gov/ (I) Palm Beach County Five (5) Year Consolidated Plan prepared by DHED (24 CFR Part 91). The Subrecipient shall keep an original of this Agreement, including its Exhibits, Schedules and all Amendments thereto, on file at its principal office. 19. TERMINATION AND SUSPENSION In the event of early termination, the Subrecipient shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement by the Subrecipient, and the County may withhold any disbursement to the Subrecipient until such time as the exact amount of damages due to the County from the Subrecipient is determ ined. (A) TERMINATION FOR CAUSE If, through any cause, either party shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, the other party shall thereupon have the right to terminate this Agreement or suspend funding, in whole or part, by giving written notice to the other party of such termination or suspension and specifying the effective date of termination or suspension. Upon early termination, the County, at its sole discretion, may reimburse the Subrecipient for eligible costs incurred that are in compliance with this Agreement up to and including the date of termination. 856 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 9 (B) TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon early termination, the County, at its sole discretion, may reimburse the Subrecipient for eligible costs incurred that are in compliance with this Agreement up to and including the date of termination. (C) TERMINATION DUE TO CESSATION In the event the grant awarded to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date HUD specifies. In the event the Subrecipient ceases to exist, or ceases or suspends its operation for any reason, this Agreement shall be suspended or terminated on the date the County specifies. The determination that the Subrecipient has ceased or suspended its operation shall be made solely by the County, and the Subrecipient agrees to be bound by the County’s determination. Upon early termination, the County, at its sole discretion, may reimburse the Subrecipient for eligible costs incurred that are in compliance with this Agreement up to and including the date of termination. 20. SEVERABILITY OF PROVISIONS If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 21. NO ASSIGNMENT The Subrecipient shall not assign this Agreement, or any interest therein without prior written consent of Palm Beach County which may be granted or withheld at the County’s sole discretion, and any such unauthorized assignment shall be void and of no effect. 22. AMENDMENTS The County may, at its discretion, amend this Agreement to conform with changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Palm Beach County Board of County Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the Board of County Commissioners and the Subrecipient, and signed by both parties. 857 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 10 23. NOTICE All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the County, notices shall be addressed to: Sherry Howard, Deputy Director Department of Housing & Economic Development 100 Australian Avenue, Suite 500 West Palm Beach, FL 33406 With a copy to: Howard J. Falcon III, Chief Assistant County Attorney County Attorney’s Office 301 N. Olive Ave (6th floor) West Palm Beach, FL 33401 If sent to the Subrecipient, notices shall be addressed to: Rachel Waterman, Grant Writer Pathways to Prosperity, Inc 639 E. Ocean Avenue, Suite 101 Boynton Beach, FL 33435 24. INDEPENDENT CONTRACTOR AND EMPLOYEES Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an “independent contractor” with respect to the services to be performed under this Agreement. The County shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, or any other benefits, as the Subrecipient is an independent contractor. 25. NO FORFEITURE The rights of the County under this Agreement shall be cumulative and failure on the part of the County to exercise promptly any rights given hereunder shall not operate to forfeit or waive any of such rights. 26. PERSONNEL The Subrecipient represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the County. All of the services required hereunder shall be performed by the Subrecipient or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. 858 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 11 The Subrecipient warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. All of the Subrecipient’s personnel (and all Subconsultants), while on County premises, will comply with all County requirements governing conduct, safety and security. 27. FEDERAL AND STATE TAX The County is exempt from payment of Florida State Sales and Use Taxes. The County will sign an exemption certificate submitted by the Subrecipient. The Subrecipient shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the County, nor is the Subrecipient authorized to use the County's Tax Exemption Number in securing such materials. The Subrecipient shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this Agreement. 28. COMPLIANCE WITH ALL LAWS AND REGULATIONS The Subrecipient shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, to including, without limitation, those applicable to conflict of interest and collusion. Subrecipient is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services provided pursuant to this Agreement. 29. SCRUTINIZED COMPANIES (A) As provided in F.S. 287.135, by entering into this Agreement or performing any work in furtherance hereof, the Subrecipient certifies that it, its affiliates, suppliers, subconsultants and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S. 215.4725. Pursuant to F.S. 287.135(3)(b), if Subrecipient is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, this Agreement may be terminated at the option of the County. (B) When contract value is greater than $1 million: As provided in F.S. 287.135, by entering into this Agreement or performing any work in furtherance hereof, the Subrecipient certifies that it, its affiliates, suppliers, subconsultants and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473 or is engaged in business operations in Cuba or Syria. 859 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 12 If the County determines, using credible information available to the public, that a false certification has been submitted by Subrecipient, this Agreement may be terminated and a civil penalty equal to the greater of $2 million or twice th e amount of this Agreement shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Agreement renewal, if applicable. 30. SUCCESSORS AND ASSIGNS The County and the Subrecipient each binds itself and its successors a nd assigns to the other party and to the successors and assigns of such other party, in respect to all covenants of this Agreement. 31. INDEBTEDNESS The Subrecipient shall not pledge the County's credit or attempt to make it a guarantor of payment or surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. The Subrecipient further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 32. PUBLIC ENTITY CRIMES As provided in F.S. 287.133, by entering into this Agreement or performing any work in furtherance hereof, the Subrecipient certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 33. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL Palm Beach County has established the Office of Inspector General in Palm Beach County Code, Chapter 2 – Article XII, as may be amended. The Inspector General’s authority includes, but is not limited to, the power to review past, prese nt and proposed County Agreements, contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the Subrecipient, its officers, agents, employees, and lobbyists in order to ensure compliance with Agreement requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Chapter 2 – Article XII, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 34. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Agreement will be held in a state court of competent jurisdiction located in Palm Beach County, Florida. Unless provided otherwise herein, no remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 860 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 13 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 County and/or the Subrecipient. 35. SOURCE OF FUNDING The County's performance and obligation to pay under this Agreement for subsequent fiscal years are contingent upon annual appropriations for its purpose by the Board of County Commissioners. In addition, this Agreement and all obligations of County hereunder are subject to and contingent upon receipt of funding from HUD for the purposes provided for herein. Nothing in this Agreement shall obligate the County to provide funding from any other source, including, but not limited to, funds from the County’s annual budget and appropriations. 36. PUBLIC RECORDS Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the Subrecipient: (i) provides a service; and (ii) acts on behalf of the County as provided under Section 119.011(2) F.S., the Subrecipient shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time The Subrecipient is specifically required to: A. Keep and maintain public records required by the County to perform services as provided under this Agreement. B. Upon request from the County’s Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. The Subrecipient further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW -F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. C. Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement, if the Subrecipient does not transfer the records to the County. D. Upon completion of the Agreement the Subrecipient shall transfer, at no cos t to the County, all public records in possession of the Subrecipient unless notified by County’s representative/liaison, on behalf of the County’s Custodian of Public Records, to keep and maintain public records required by the County to perform the servi ce. If the Subrecipient transfers all public records to the County upon completion of the Agreement, the Subrecipient shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If the Subrecipient keeps and maintains public records upon completion of the Agreement, the Subrecipient shall meet all applicable requirements for retaining public records. 861 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 14 All records stored electronically by the Subrecipient must be provided to Cou nty, upon request of the County’s Custodian of Public Records, in a format that is compatible with the information technology systems of County, at no cost to County. Failure of the Subrecipient to comply with the requirements of this article shall be a m aterial breach of this Agreement. County shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. Subrecipient acknowledges that it has familiarized itself with the requirements of Chapter 119, F.S., and other requirements of state law applicable to public records not specifically set forth herein. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 33401, BY E-MAIL AT RECORDSREQUEST@PBC.GOV OR BY TELEPHONE AT 561-355-6680. 37. COUNTERPARTS OF THE AGREEMENT This Agreement, including the exhibits referenced herein, may be executed in one or more counterparts, all of which shall constitute collectively one and the same Agreement. The County may execute the Agreement through electronic or manual means. Subrecipient shall execute by manual means only, unless the County agrees otherwise. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. 38. E-VERIFY EMPLOYMENT ELIGIBILITY Subrecipient warrants and represents that it is in compliance with section 448.095, Florida Statutes, as may be amended, and that it: (1) is registered with the E -Verify System (E- Verify.gov), and uses the E-Verify System to electronically verify the employment eligibility of all newly hired workers; and (2) has verified that all of Subrecipient’s contractors, subcontractors and or subconsultants performing the duties and obligations of this Agreement a re registered with the E-Verify System, and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. Subrecipient shall obtain from each of its contractors, subcontractors and or subconsultants an affidavit stating that the contractor, subcontractor and or subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in section 448.095(1)(k), Florida Statutes, as may be amended. Subrecipient shall maintain a c opy of any such affidavit from a contractor, subcontractor and or subconsultant for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement which requires a longer retention period. 862 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 15 County shall terminate this Agreement if it has a good faith belief that Subrecipient has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If County has a good faith belief that Subrecipient’s contractor, subcont ractor and or subconsultant has knowingly violated section 448.09(1), Florida Statutes, as may be amended, County shall notify Subrecipient to terminate its contract with the contractor, subcontractor and or subconsultant and Subrecipient shall immediately terminate its contract with the contractor, subcontractor and or subconsultant. If County terminates this Agreement pursuant to the above, Subrecipient shall be barred from being awarded a future Agreement by County for a period of one (1) year from th e date on which this Agreement was terminated. In the event of such Agreement termination, Subrecipient shall also be liable for any additional costs incurred by County as a result of the termination. 39. CDBG SPECIFIC REQUIREMENTS A. Compliance: The Subrecipient shall comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)), including subpart K of these regulations, except that (1) the Subrecipient does not assume the County’s environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the County’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. This Agreement is not to substitute for or replace existing or planned projects or activities of the Subrecipient. The Subrecipient agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assist ed under this Agreement, which is not less than that level existing prior to this Agreement. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Evaluation and Monitoring: The Subrecipient agrees that DHED will carry out periodic monitoring and evaluation of activities as determined necessary by DHED or the County. Any disbursement of funds, or the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement. Due to the regulatory requirements, the performance requirements of this Agreement, and as detailed in Exhibit “A” will be closely monitored by DHED. Substandard performance, as determined by DHED, wil l constitute noncompliance with this Agreement. The Subrecipient agrees to furnish upon request to DHED, the County, or the County's designees copies of transcriptions of such records and information as is determined necessary by DHED or the County. The Subrecipient shall submit status reports required under this Agreement on forms approved by DHED to enable DHED to evaluate progress. The Subrecipient shall provide information as requested by DHED to enable DHED to complete reports required by the County or HUD. The Subrecipient shall allow DHED, the County, or HUD to monitor the Subrecipient on site. Such visits may be scheduled or unscheduled as determined by DHED or HUD. 863 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 16 Upon request, DHED shall provide a monitoring checklist which contains the minimum monitoring measures to be used by the County and is similar to the formal checklist the County will use during its formal monitoring visit(s). Other measures of monitoring may also be utilized. C. Program Income: The Subrecipient shall report annually to DHED all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Subrecipient at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promp tly to the Subrecipient. D. Opportunities: To the greatest extent feasible, lower-income residents of the Project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the Project areas shall be awarded contracts in connection with the Project. The Subrecipient shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Subrecipient shall make a positive effort to utilize small business and minority/women-owned business enterprises for supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small business and minority/women -owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Palm Beach County in the Consolidated Plan approved by HUD. E. Citizen Participation: The Subrecipient shall cooperate with DHED in the implementation of the Citizen Participation Plan, as defined by HUD, by establishing a citizen participation process to keep residents and/or clients informed of the activities the Subrecipient is undertaking in carrying out the provisions of this Agreement. Representatives of the Subrecipient shall attend meetings and assist in the implementation of the Citizen Participation Plan, as requested by DHED. F. Reduction in funding: In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is reduced, suspended, or terminated by HUD, this Agreement will be amended, or terminated as provided herein, to reflect the funding reductions imposed by HUD and the reduction in the number of beneficiaries commensurate with the revised funding level. G. Drug-Free Workplace: The Subrecipient shall provide a drug and alcohol free environment by developing policies and carrying out a drug-free program in compliance with the Drug-Free Workplace Act of 1988. 864 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 17 H. Religious Activities: CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with provisions specified in 24 CFR 570.200(j), and only with prior written approval from DHED. The Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interes ts, or for the benefit of a religious organization. I. Discharge of Beneficiaries: The Subrecipient agrees to develop and implement to the maximum extent practical and, where appropriate, written policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or corrections programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. In lieu of developing written policies, the Subrecipient may adopt an existing countywide discharge plan, with approval from DHED. 40. INCORPORATION BY REFERENCE Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. To the extent of a conflict between the terms of this Agreement and Exhibit “A”, the terms of the Agreement shall govern. To the extent that any provision of this Agreement or any Exhibit conflict with the terms of 2CFR Part 200 as shown in Exhibit “B”, the terms of Exhibit “B” shall govern. 41. ENTIRE UNDERSTANDING The County and the Subrecipient agree that this Agreement sets forth the entire understanding between the parties, and that there are no promises or understandings other than thos e stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 865 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 18 WITNESS, our Hands and Seals on this _______ day of ______________________, 20___. WITNESS: SUBRECIPIENT: PATHWAYS TO PROSPERITY, INC _________________________ Signature _________________________ By: ___________________________ Name (type or print) Maguene D. Cadet, Board Chair _________________________ Signature _________________________ Name (type or print) _________________________ By: ________________________________ Signature Kemberly Bush, CEO/Executive Director _________________________ Name (type or print) _________________________ Signature _________________________ (Corporate Seal) Name (type or print) 866 PATHWAYS TO PROPERITY, INC FY2024-2025 Page 19 IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the County. PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida For its BOARD OF COUNTY COMMISSIONERS By: __________________________ Jonathan B. Brown, Director Dept. of Housing & Economic Development Approved as to Form and Approved as to Terms and Conditions Legal Sufficiency Dept. of Housing & Economic Development By: _________________________ By: __________________________ Howard J. Falcon III Sherry Howard Chief Assistant County Attorney Deputy Director Z:\CDBG\PUBLIC SERVICES\FY 24-25\PATHWAYS TO PROSPERITY INC\AGREEMENT\FINAL_PATHWAYS TO PROSPERITY_CDBG PUBLIC SERVICE AGREEMENT FY24-25.docx 867 GRANT AGREEMENT Flagstar Foundation (“GRANTOR”) and PATHWAYS TO PROSPERITY INC (“RECIPIENT”) are entering into this grant agreement ("AGREEMENT") to establish the terms and conditions of a grant. APPLICATION ID: 1544396 GRANT AMOUNT: $25,000.00 USD I. GRANT PURPOSE This grant is restricted for the services described in Step 2 of the Narrative section of the General Request Info tab on the Foundation Grant Request, or as otherwise amended and accepted in writing by both parties to this agreement. Grant funds will be appropriately accounted for and used exclusively for the approved services. II. GRANT PERIOD This grant is for a period of __________ months beginning on _______________________ and ending on ________________________. III. GENERAL CONDITIONS This commitment is contingent upon the RECIPIENT’S ability to complete the proposed activities in reasonable accordance with the financial and non-financial parameters established in the DESCRIPTION, as may be amended through correspondence accepted by both parties to this agreement. This grant is not earmarked for transmittal to any entity or person designated by the GRANTOR. The RECIPIENT accepts and will discharge full control of the grant and its disposition and accepts responsibility for complying with the terms and conditions of this agreement. To the best of the RECIPIENT’S knowledge, none of its directors, employees or volunteers have ever been convicted of any criminal offense involving dishonesty, breach of trust, or money laundering, nor has any of them ever entered into a pretrial diversion or similar program in connection with such an offense. IV. PAYMENT TERMS The full payment of $25,000.00 USD will be made upon the GRANTOR’s receipt of this signed AGREEMENT. V. FINAL REPORT RECIPIENT will provide the GRANTOR with a final narrative report (template to be provided) within 45 days of completion of the project date ___________________ and financial reports accounting for activities during the entire grant period as described in Section II. RECIPIENT’S failure to submit complete and timely reports will result in future grant submission eligibility, delay, reduction, or cancellation of future grant payments. VI. CALENDAR OF SUBMITTAL DATES Sign Grant Agreement: Immediately Due Date Final Narrative and Financial Report: ____________________ (45 days after your grant period end date) 12 March 1, 2025 February 28, 2026 February 28, 2026 April 14, 2026 868 VII. GENERAL REQUIREMENTS A. INTERNAL REVENUE SERVICE REQUIREMENTS RECIPIENT certifies that: 1. as to its tax status, RECIPIENT: a. is a tax-exempt organization described in Section 501(c)(3) of the Internal Revenue Code (IRC) and a public charity described in IRC § 509(a)(1) or (2), or a supporting organization described in IRC § 509(a)(3) (supporting organizations are required to complete and submit the Supporting Organization Attachment) and has received an IRS determination letter duly confirming such status copies of which RECIPIENT has submitted to the GRANTOR; b. to the best of its knowledge and belief, has not changed its basic purposes or the manner of conducting its affairs in any way that might affect the continuation of its tax-exempt or non-private GRANTOR status; and c. knows of no basis on which the organization could be considered to be controlled directly or indirectly by the GRANTOR. 2. grant funds received from the GRANTOR shall not be used: a. to influence the outcome of any specific public election, or carry on, directly or indirectly, any voter registration drive (within the meaning of IRC § 4945(d)(2); or b. for any purposes other than charitable and educational activities consistent with RECIPIENT’s tax-exempt status and in accordance with IRC § 170(c)(1) or (2) or c. to make a grant that does not comply with Section 4945(d)(3) or (4) of the Internal Revenue Code (the "Code") regarding grants to individuals for travel, study or similar purposes or grants requiring expenditure responsibility; as security or a source of payment for the debt services on municipal securities or repayments on municipal bonds; or to finance any activity for any purpose other than charitable or educational purposes stated in Code Section 170(c)(2)(B). 3. If the RECIPIENT carries on propaganda, or otherwise attempts to influence legislation (within the meaning of IRC § 4945(d)(1)), then either: a. the grant of funds received from the GRANTOR is a general support grant which has not been earmarked to be used in an attempt to influence legislation; GRANT AGREEMENT or b. the grant of funds from the GRANTOR is a specific project grant (i) which grant has not been earmarked to be used in an attempt to influence legislation and (ii) which grant, together with other grants by the GRANTOR for the same project for the same year, does not exceed the amount budgeted, for the year of the grant, by the RECIPIENT for activities of the project that are not attempts to influence legislation. RECIPIENT will notify the GRANTOR immediately of any actual or anticipated change in its tax status for any year affected by this AGREEMENT. 869 B. OPTION TO AUDIT RECIPIENT shall maintain financial and other records that adequately show the use of the grant funds exclusively for the PURPOSE. The GRANTOR reserves the right to audit records associated with this project at reasonable times during normal business hours during the grant period or subsequent two years. RECIPIENT agrees to maintain its books and records in such a manner that the receipts and expenditures of grant funds will be shown separately from other funds in a form which can easily be checked and understood. RECIPIENT will keep records of receipts and expenditures made with grant funds as well as copies of reports submitted to the GRANTOR and supporting documentation during the grant period and for the subsequent five years. Any grant funds GRANTOR determines were used for purposes other than the PURPOSE during an audit shall be returned by RECIPIENT to GRANTOR. C. RIGHT TO TERMINATE The GRANTOR reserves the right in its absolute discretion to terminate the grant and/or withhold additional funds in the case of any actual or expected violation of the terms and conditions of this agreement, if the GRANTOR is not satisfied with the quality of the work performed or activities undertaken, if the GRANTOR is not satisfied with the progress being made with respect to the project, if the GRANTOR determines the RECIPIENT is unable to complete the project. In the event that the GRANTOR makes any such determination it will direct the RECIPIENT to repay the GRANTOR any grant funds not used in accordance to this agreement. D. SURVIVAL In the event that this AGREEMENT is terminated, the obligations in provisions dealing with definitions, indemnification, limitation of liability, and general provisions shall survive such termination. In addition, any rights of action arising from or related to this grant agreement that accrue during the term of this AGREEMENT and any remedies for such claims, both legal and equitable, will survive such termination. Finally, any other provision that, by its nature, survives termination of this AGREEMENT, will also survive any such termination. E. RIGHT OF RETURN The RECIPIENT is obligated to return unexpended grant funds to the GRANTOR if a) the RECIPIENT’s tax status changes, b) the specified purpose for which the grant will be used will not be pursued, c) reasonably determine funds were expended for purposes other than the PURPOSE, or d) the time period of the grant expires. Upon receiving written notice that funds are to be reimbursed to GRANTOR under this paragraph, RECIPIENT shall immediately transfer such funds to GRANTOR. RECIPIENT shall return all grant funds that have not been expended for the grant's PURPOSE within thirty (30) days after the end of the Grant Period. F. ADDITIONAL FUNDING The RECIPIENT acknowledges that neither the GRANTOR nor its representatives have made any actual or implied promise of funding other than the amounts specified in this AGREEMENT or assurances that it will be renewed. G. SITE VISIT If requested by the GRANTOR, the RECIPIENT will arrange opportunities for GRANTOR representatives to observe program activity or interview consenting project beneficiaries. H. PUBLICITY The GRANTOR strongly supports the work of its RECIPIENTs and encourages the public’s knowledge of the RECIPIENT’s project. The RECIPIENT agrees to appropriately credit the GRANTOR in any advertisement, publicity or public comment related to the project for which funds were received. Any releases or other information that references the GRANTOR including but not limited to name or logo may not be used by the RECIPIENT without GRANTOR’s prior written permission. Copies of any news releases or media coverage that reference GRANTOR must be provided by the RECIPIENT to the GRANTOR as soon as possible for its information and records. For potential media release language that can be used to describe the GRANTOR, please contact the GRANTOR. 870 The RECIPIENT gives permission to the GRANTOR to edit, copy, display, publish, distribute, and otherwise use the RECIPIENT’s or its employees’ likenesses, voices (including transcripts thereof) and/or written statements, or the RECIPIENT’s publicly distributed materials, in any photograph, video, or other media (“Photos”), with or without individuals names and other identifying information, for any legal purpose, including but not limited to use in or on Flagstar’s websites, social media pages, publications, audio-visual presentations, promotional brochures, and any other forms of advertising. I. MODIFICATION AND GOVERNING LAW This AGREEMENT sets forth the terms of the grant. Any modification of this AGREEMENT may only be made in writing as signed by an authorized agent of RECIPIENT and the GRANTOR. This AGREEMENT will be construed under the laws of the State of Michigan. The exclusive venues for all disputes arising out of this AGREEMENT shall be the United States District Court for the Eastern District of Michigan and the Sixth Circuit Court, Oakland County, Michigan (the “Agreed-Upon Venues”), and no other venues. J. INDEMNIFICATION AND LIMITATION ON LIABILITY The RECIPIENT hereby indemnifies and hold harmless the GRANTOR and its trustees, directors, officers and committee members from and against all liabilities and expenses (including reasonable attorneys’’ fees) resulting from (a) the engagement, by employment or as an independent contractor, of personnel, including, without limitation, employment taxes and workers compensation and discrimination claims; and (b) any injury to persons or property arising in connection with the pursuit of the grant purposes. Grantor shall not be liable to recipient for indirect, special, consequential, incidental or punitive damages, including but not limited to lost profits, loss of data, lack or loss of productivity, cost of substitute equipment, services, or downtime costs except those which arise pursuant to gross negligence or willful misconduct of grantor, even if advised of the possibility of such claim in advance. K. PATRIOT ACT COMPLIANCE RECIPIENT certifies the GRANTOR funds will be used in compliance with all applicable anti-terrorist financing and asset control laws, regulations, rules and executive orders including but not limited to the USA Patriot Act of 2001 and Executive Order No. 13224. In addition, RECIPIENT will take reasonable steps to ensure that its board, staff, and volunteers have no dealings whatsoever with known terrorist organizations. L. CONFLICT OF INTEREST No item of value including but not limited to gifts, donations and/or other services from RECIPIENTs shall be provided to the GRANTOR officers, directors, and employees. M. ASSIGNMENT Neither party may assign or otherwise transfer its rights and obligations under this AGREEMENT without first receiving the written consent of the other party, such consent not to be unreasonably withheld; provided, however, that GRANTOR may assign or otherwise transfer its rights and obligations hereunder to its parent or any of its (or its parent’s) subsidiaries or affiliates. N. ENTIRE UNDERSTANDING This AGREEMENT contains the entire understanding with respect to the subject matter of this AGREEMENT and supersede all agreements or understandings, written or oral, prior to the execution of this AGREEMENT. O. COUNTERPARTS This AGREEMENT may be executed in several counterparts, with each counterpart deemed to be an original document and with all counterparts deemed to be one and the same instrument. 871 P. PARAGRAPH HEADINGS The paragraph headings contained in this grant agreement are included solely for the convenience of reference of the parties and shall not in any way affect the meaning or interpretation of any of the provisions of this AGREEMENT. VIII. ACCEPTANCE OF TERMS AND AUTHORIZATION TO PROCEED Each of the RECIPIENT and GRANTOR acknowledge that it has read and understands the terms of this AGREEMENT, that the terms and conditions are acceptable to it and that it will comply with the AGREEMENT’S terms and condition: RECIPIENT: PATHWAYS TO PROSPERITY INC _______________________________________________________________ Kemberly Bush, CEO _______________________________________________________________ Date _______________________________________________________________ Maguene Cadet, Chairman _________________________________________________________ Date __________________________________________ Valencia Spells Anderson, Co-Chairman On Behalf of _________________________________________ Date GRANTOR: Flagstar Foundation _______________________________________________________________ Katherine Morgan, President _____________________________________________________ Date February 14, 2025 February 14, 2025 872 Table of Contents: Attachment 4 1. A description/schedule of fees 873 Attachment 4 ●A description/schedule of fees charged to the targeted beneficiaries of the programs/services/facilities to be funded (if applicable) N/A 874 Table of Contents: Attachment 5 1. A job description for each position a. Chief Program Officer b. Circles Coach 875 Pathways to Prosperity 1105 N. Federal Hwy. Boynton Beach, FL. 33435 Job Description Title: Chief Program Officer Salary Range: $58,000 - $78,000 FLSA Status: Exempt Date Revised: 10/01/24 Job Summary: The Chief Program Officer provides support to the Executive Director and the Board of Directors. He or She provides oversight and management of all aspects of the agencies programs and initiatives. This includes developing and executing program strategies in alignment with the agencies mission and goals, ensuring efficient resource allocation, monitoring program performance, and assessing outcomes. The CPO collaborates with cross functional teams, stakeholders, and partners to drive innovation, evaluate program effectiveness and make data-driven decisions. Essential Job Functions / Responsibilities: ● Strategic Vision and Planning – helps to articulate and guide vision for the organizations programs and services aligning them with the agencies mission and strategic direction. ● Program Design and Implementation – Assist with the design, development and the implementation of programs and services to meet the needs of the agencies beneficiaries. ● Resource Management – manage program budgets, allocation of resources and ensure that programs are implemented efficiently and effectively. ● Communication and Collaboration – communicates effectively with internal and external stakeholders, including staff, volunteers, board members and funders. ● Maintains the oversight, facilitation & efficacy of Pathways to Prosperity Initiatives including but not limited to The Bridges; Circles Palm Beach County; Healthier Boynton Beach and Healthier Delray Beach. ● Coordinates data collection among P2P staff, service partners and applicable agency programs. ● Supports the facilitation of activities and facility scheduling for meetings/trainings/events. ● Responsible for P2P staff supervision, staff development, and effective budget management. ● Responsible for supervision, oversight and management of the Circles Savings Match fund and Housing Stability fund. 876 ● Create documents such as invoices, reports, memos, letters and financial statements using word processing, spreadsheet, database and/or other presentation software such as Microsoft Office, QuickBooks or other programs. ● Supports staff in assigned project / programmatic-based work. ● Assists with special events, such as fundraising activities, strategic planning, board retreats and weekly staff / Directors meetings. ● Supports all programs of P2P as needed. ● Perform other duties as assigned by the Executive Director Qualifications: -Bachelor ’s degree preferred -May exchange years of education for years of experience -Minimum 2 years experience in related responsibilities -Bilingual, as needed for the community 877 Pathways to Prosperity 1105 N. Federal Hwy. Boynton Beach, FL 33435 Job Description Title: Circles Coach Salary Range: $14.00 - $20.00 Per Hour FLSA Status: Part Time / Non - Exempt Date Revised: 2/15/25 Job Summary: Circles is a community-based initiative that creates relationships across class and race lines, matching participants with low to moderate income, with individuals of middle and upper income Allies. The primary role of the person in this position is to “coach” or support these relationships to thrive. The Circles Coach is also responsible for contributing efforts to engage the community in Circles, and specifically supports the Recruitment Team, assisting them with recruiting, training, and supporting Circle Leaders. Primary Job Functions/ Responsibilities: ● Facilitate the Circles 12-15 week’s curriculum ● Provide orientation for new Circle Leader Families ● Assist the Case Manager with the connection of each Circle Leader in bi-weekly one-on-one support sessions or check-ins ● Maintain case notes for each Circle Leader ● Regularly attend assigned weekly leadership meetings, including P2P staff meeting and Circles programmatic meetings. ● Complete quarterly financial assessments with CL participants Secondary Job Functions / Responsibilities: ● Assist with recruiting and screening of possible Circle Leaders and Allies ● Conduct intake interviews for Circle Leaders ● Broker needed services through information to Circle Leaders ● Collaborate with case managers to ensure families progress ● Lead assigned community teams & assist recruitment for the team to ensure the efficacy & viability of the Circles model recruitment and Community Teams in tasks / Outreach efforts ● Facilitate the distribution and collection of paperwork in order to maintain accurate CL records, files and required reports, including Intake documents 878 ● Conduct exit interviews for Circle Leaders ● Regularly attend and provide leadership in team meetings and community meetings Additional skills, ability and other: ● Maintain current knowledge of social services available throughout community ● Ability to write and speak passionately to end poverty ● Maintain positive work atmosphere by behaving and communicating in a manner that fosters good relations with clients, customers, co-workers and supervision ● Treat clients , co-workers and the public in a respectful and courteous manner at all times ● Ability to develop a sense of community of which the staff person is a part rather than the leader ● Provide confidentiality of all services as that relates to both written and verbal communication ● Ability to stay relaxed in the face of other people’s distress ● Ability to develop a supportive, empowering culture for diverse members of the Circles Community ● Ability to provide one’s own transportation ● Strong organizational skills in managing complex tasks with autonomy ● Ability to identify own personal and professional challenges and implement learning feedback into work performance ● Excellent verbal and written communication skills ● Ability to work flexible schedule Qualifications: -Two years’ experience in Human Services field – Preferred but not required -Two or four- year degree in human service field with training in family development or case management – Preferred but not required -Experience working with low-income individuals -Experience working in community organizing or community development – Preferred but not required _____________________________________ ______________________ Staff Member ’s Signature Date _____________________________________ ______________________ Supervisor ’s Signature Date 879 Table of Contents: Additional Attachments 1. 501(c)(3) Letter of Nonprofit Status 2. City of Boynton Beach Business Tax Receipt 3. Board Member List 4. Copy of Latest Audit 5. All Funding Sources for this Project Identified 6. Circles Income Verification Form 7. Circles Progress Report 880 881 882 Maguene Cadet Chairman 1501 Siena Lane Boynton Beach, FL 33436 Office: 561-853-2212 Cell: 561-596-4434 maguene@diedonnelaw.com Valencia Spells Anderson Co-Chair man 210 NW 7th Ave Boynton Beach, FL 33435 Office: 561-355-7829 Cell: 561-271-1748 vspellsanderson@gmail.com Octavia Bell Treasurer 512 NW 13th Ave. Boynton Beach, FL. 33435 Home: 561-432-6265 Cell: 561-371-5696 Octaviabell73@aim.com Charlee Rorie Director 6011 Sandhill Crane Dr. West Palm Beach, FL 33415 Office: 561-865-5488 Cell: 551-901-4848 Crorie23@gmail.com Charles (Chuck) Ridley Director 210 NW 2nd Avenue Delray Beach, FL Cell: 561-577-5416 cridley001@gmail.com DeAnna Warren Director 7069 Chesapeake Circle Boynton Beach, FL 33436 Office: 561-735-6553 Cell: 561-249-9993 dwarren@gencomhealth.org Marilane Chaney Director 4312 Pomelo Blvd Boynton Beach, FL 33436 Cell: 561-704-4794 aaamkc@msn.com Rae Whitely Director 5503 Wishing Star Lane Greenacres, FL 33463 Cell: 561-523-2286 rae.whitely@gmail.com Revia Lee Director 507 NW 8th Ave Boynton Beach, FL 33435 Home: 561-732-1047 Cell: 561-312-1047 Rlee93@bellsouth.net Terrance A. Kearney Director 225 NW 6th Ave Boynton Beach, FL 33435 Cell: 561-767-2460 pastorkearney@yahoo.com Jodi Schwartz Director 12680 Little Palm Lane, Boca Raton, FL 33428 Cell: 561-908-1190 jodis@reicherterfoundation.org Shantel Drayton Director 1500 6th Street West Palm Beach, FL 33401 Cell: 305-407-4807 sdrayton@pbcgov.org Updated: 1-27-2025 883 PATHWAYS TO PROSPERITY, INC. FINANCIAL STATEMENTS SEPTEMBER 30, 2023 AND 2022 884 PATHWAYS TO PROSPERITY, INC. TABLE OF CONTENTS Page INDEPENDENT AUDITORS’ REPORT………………………………………………………………………….………… 1 – 2 FINANCIAL STATEMENTS: Statements of Financial Position……………………..…………………………………………………………… 3 Statements of Activities….………………………………………………………………………………………… 4 Statements of Functional Expenses……………………………………………………………………...………. 5 Statements of Cash Flows........................................................................................................................... 6 Notes to Financial Statements…………………………………………………………………………................ 7 – 12 Report on Internal Control over Financial Reporting and on Compliance and other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards…………………………………………………………………………..............13 -14 885 772 US Highway One Suite 200, North Palm Beach, Florida 33408 Phone (561) 626-0400 Fa[ (561) 626-3453 Fort Lauderdale | Long Island | Miami | New <orN | Palm Beaches | Westchester www.fuoco.com INDEPENDENT AUDITORS’ REPORT To the Board of Directors of Pathways to Prosperity, Inc. Boynton Beach, Florida Opinion We have audited the accompanying financial statements of Pathways to Prosperity, Inc. (a nonprofit organization), which comprise the statement of financial position as of September 30, 2023, and the related statements of activities, functional expenses, and cash flows for the year then ended, and the related notes to the financial statements. In our opinion, the 2023 financial statements referred to above present fairly, in all material respects, the financial position of Pathways to Prosperity, Inc. as of September 30, 2023, and the changes in its net assets and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinion We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Our responsibilities under those standards are further described in the Auditors’ Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of Pathways to Prosperity, Inc. and to meet our other ethical responsibilities in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Prior Period Financial Statements The financial statements of Pathways to Prosperity, Inc. as of September 30, 2022, were audited by other auditors whose report dated March 8, 2023, expressed an unmodified opinion on those statements. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about Pathways to Prosperity, Inc.'s ability to continue as a going concern within one year after the date that the financial statements are available to be issued. 886 Auditors’ Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors’ report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards, we:  Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.  Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of Pathways to Prosperity, Inc.'s internal control. Accordingly, no such opinion is expressed.  Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.  Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about Pathways to Prosperity, Inc.'s ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control related matters that we identified during the audit. Report on Summarized Comparative Information The 2022 financial statements were audited by other auditors, who expressed an unmodified audit opinion on those audited financial statements, in their report dated March 8, 2023. The summarized comparative information presented herein as of and for the year ended September 30, 2022, is consistent, in all material respects, with the audited financial statements from which it was derived. North Palm Beach, Florida May 10, 2024 887 PATHWAYS TO PROSPERITY, INC. STATEMENTS OF FINANCIAL POSITION 2023 2022 ASSETS Current assets: Cash and cash equivalents 263,511$ 205,498$ Grants receivable 398,554 155,899 Other receivables 440 - Prepaid expenses 15,357 13,900 Total current assets 677,862 375,297 Property and equipment, net 3,657 2,719 Long-term assets: Grants receivable, long-term, net of current portion 73,500 - Security deposits 3,502 3,560 Total long-term assets 77,002 3,560 Total assets 758,521$ 381,576$ LIABILITIES AND NET ASSETS Current liabilities: Accounts payable and accrued expenses 71,118$ 48,128$ Payroll taxes payable 6,268 4,547 Current maturities of long-term debt 8,012 - Deferred revenues 1,975 3,150 Total current liabilities 87,373 55,825 Long-term debt, less current maturities 285,565 300,000 Total liabilities 372,938 355,825 Net assets: Without donor restrictions (65,570) (143,827) With donor restrictions 451,153 169,578 Total net assets 385,583 25,751 Total liabilities and net assets 758,521$ 381,576$ As of September 30, See independent auditors' report and notes to financial statements. - 3 -888 PATHWAYS TO PROSPERITY, INC. STATEMENTS OF ACTIVITIES Without With 2022 Donor Donor Summarized Restrictions Restrictions Total Total Support and revenue: Governmental granks 1,114,961$ 1,114,961$ 744,772$ Private grants - 790,129 790,129 291,650 Other revenues 67,440 - 67,440 19,415 Fundraising - - - 2,350 Net assets released from restrictions 508,554 (508,554) - - Total support and revenue 1,690,955 281,575 1,972,530 1,058,187 Expenses: Program services 1,525,882 - 1,525,882 1,126,353 Management and general 86,816 - 86,816 123,979 Fundraising - - - 1,980 Total expenses 1,612,698 - 1,612,698 1,252,312 Change in net assets 78,257 281,575 359,832 (194,125) Net assets, beginning of year (143,827) 169,578 25,751 219,876 Net assets, end of year (65,570)$ 451,153$ 385,583$ 25,751$ Year ended September 30, 2023 See independent auditors' report and notes to financial statements. - 4 -889 PATHWAYS TO PROSPERITY, INC.STATEMENTS OF FUNCTIONAL EXPENSES2022Program ServicesManagement and General Fundraising Total ExpensesSummarized TotalPersonnel1,023,735$ 22,327$ -$ 1,046,062$ 840,585$ Depreciation260 2,228 - 2,488 1,782 Occupancy59,191 340 - 59,531 52,784 Insurance7,629 - - 7,629 7,246 Grant awards30,000 - - 30,000 20,000 Specific assistance22,629 5,781 - 28,410 37,034 Sponsored events32,208 4,848 - 37,056 42,548 Interest expense3,405 3,405 - 6,809 14,148 Conferences19,988 2,420 - 22,408 18,614 Equipment rental and maintenance2,043 - - 2,043 1,861 Office expenses28,952 2,417 - 31,369 15,227 Supplies33,755 574 - 34,330 30,342 Marketing and promotion23,423 - - 23,423 17,970 Food and beverage18,456 - - 18,456 19,962 Professional fees113,561 13,396 - 126,957 81,792 Communication20,994 3,404 - 24,398 19,046 Relief and recovery- - - - 371 Auto and travel3,054 - - 3,054 1,488 Membership489 - - 489 795 Other Costs60,881 24,689 - 85,570 20,898 Indirect costs3,887 - - 3,887 - Training and development17,342 987 - 18,329 7,819 Total expenses1,525,882$ 86,816$ -$ 1,612,698$ 1,252,312$ Supporting ServicesYear ended September 30,2023See independent auditors' report and notes to financial statements.- 5 -890 PATHWAYS TO PROSPERITY, INC. STATEMENTS OF CASH FLOWS 2023 2022 CASH FLOWS FROM OPERATING ACTIVITIES Change in net assets 359,832$ (194,125)$ Adjustments to reconcile change in net assets to net cash provided by (used in) operating activities: Depreciation 2,488 1,782 Changes in assets and liabilities: Contributions receivable - government grants (242,655) 13,994 Other receivables (440) - Prepaid expenses (1,457) (5,811) Security deposits 58 - Accounts payable and accrued expenses 19,840 22,384 Payroll taxes payable 4,871 2,164 Deferred revenues (1,175) - Net cash provided by (used in) operating activities 141,362 (159,612) CASH FLOWS FROM INVESTING ACTIVITIES Purchase of property and equipment (3,426) - Net cash used in investing activities (3,426) - CASH FLOWS FROM FINANCING ACTIVITIES Repayment of long-term debt (6,423) - Proceeds from long-term debt - 1,382 Net cash (used in) provided by financing activities (6,423) 1,382 Net increase (decrease) in cash and cash equivalents 131,513 (158,230) Cash and cash equivalents at beginning of year 205,498 363,728 Cash and cash equivalents at end of year 337,011$ 205,498$ Supplemental disclosure of cash flow information Cash paid for unrelated business income tax -$ -$ Cash paid for interest 6,809$ -$ Year ended September 30, See independent auditors' report and notes to financial statements. - 6 -891 PATHWAYS TO PROSPERITY, INC. NOTES TO FINANCIAL STATEMENTS - 7 - NOTE 1 – NATURE OF OPERATIONS Pathways to Prosperity, Inc. ("the Organization") was incorporated in September 2010. It qualifies for tax-exempt status under Section 501(c) (3) of the Internal Revenue Code. The Organization is a nonprofit community based organization whose mission is to improve the social, spiritual, economic and emotional wellbeing of children and families through education and social services. The Organization is located in Boynton Beach, Florida. The primary program of the Organization is The Bridges, which is committed to connecting families to community resources so more children are born healthy, remain free from abuse and neglect, and are ready for kindergarten and other appropriate grade levels. The Organization also has other programs, which focus on social services and education as follows: Circles Palm Beach County focuses on ways to eliminate poverty by helping families through education and community partnerships. Healthy Boynton Beach (HBB) assist families with assessment and linkage to healthcare providers, health insurance and other social services. NOTE 2 – SUMMARY OF ACCOUNTING POLICIES Basis of Presentation The financial statements of the Organization have been prepared in accordance with U.S. generally accepted accounting principles ("US GAAP"), which require the Organization to report information regarding its financial position and activities according to the following net asset classifications: Net assets without donor restrictions – Net assets that are not subject to donor-imposed restrictions and may be expended for any purpose in performing the primary objectives of the Organization. These net assets may be used at the discretion of the Organization's management and the board of directors. Net assets with donor restrictions – Net assets subject to stipulations imposed by donors and grantors. Some donor restrictions are temporary in nature; those restrictions will be met by actions of the Organization or by the passage of time. Other donor restrictions are perpetual in nature, where by the donor has stipulated the funds be maintained in perpetuity. Cash, Cash Equivalents, and Restricted Cash The Organization considers all cash and highly liquid financial instruments with original maturities of three months or less, which are neither held for nor restricted by donors for long-term purposes, to be cash and cash equivalents. Cash and highly liquid financial instruments restricted to building projects, endowments that are perpetual in nature, or other long-term purposes are excluded from this definition. There was no restricted cash as of September 30, 2023 and 2022. Concentrations of Credit Risk Financial instruments that potentially subject the Organization to concentrations of credit risk consist principally of cash and cash equivalents and investments. The Organization maintains its cash and cash equivalents in various bank accounts that, at times, may exceed federally insured limits. The amount of uninsured cash as of September 30, 2023 and 2022, was $21,161 and $0, respectively. The Organization's cash and cash equivalent accounts have been placed with high credit quality financial institutions. The Organization has not experienced, nor does it anticipate, any losses with respect to such accounts. 892 PATHWAYS TO PROSPERITY, INC. NOTES TO FINANCIAL STATEMENTS - 8 - NOTE 2 – SUMMARY OF ACCOUNTING POLICIES (CONTINUED) Contributions Receivable The Organization records unconditional contributions that are expected to be collected within one year at net realizable value. Contributions expected to be collected in future years are initially recorded at fair value using present value techniques incorporating risk-adjusted discount rates designed to reflect the assumptions market participants would use in pricing the asset. In subsequent years, amortization of the discounts is included in contribution revenue in the statements of activities. Management determines the allowance for contributions based on historical experience, an assessment of economic conditions, and a review of subsequent collections. Contributions receivable are written off when deemed uncollectible. As of September 30, 2023 and 2022, in management’s opinion, no allowance for doubtful accounts is deemed necessary. Property and Equipment Property and equipment is stated at cost at the date of purchase or, for donated assets, at fair value at the date of donation, less accumulated depreciation. Depreciation is calculated using the straight-line method over the lesser of the estimated useful lives of the assets or the lease term. The useful lives are five years. The Organization's policy is to capitalize renewals and betterments acquired for greater than $1,000 and expense normal repairs and maintenance as incurred. The Organization's management periodically evaluates whether events or circumstances have occurred indicating that the carrying amount of long-lived assets may not be recovered. Revenue Recognition The Organization recognizes contributions when cash, securities or other assets, an unconditional promise to give, or a notification of a beneficial interest is received. Conditional promises to give, that is, those with a measurable performance or other barrier, and a right of return, are not recognized until the conditions on which they depend have been substantially met. A portion of the Organization’s revenue is derived from cost-reimbursable grants, which are conditioned upon certain performance requirements and/ or the incurrence of allowable qualifying expenses. Amounts received are recognized as revenue when we have incurred expenditures in compliance with specific contract or grant provisions. Amounts received prior to incurring qualifying expenditures are reported as refundable advances in the statement of financial position. No amounts have been received in advance under our federal and state contracts and grants. Donated Services and In-Kind Contributions Volunteers contribute significant amounts of time to the Organization’s program services, administration, and fundraising activities; however, the financial statements do not reflect the value of these donated services because they do not meet recognition criteria prescribed by generally accepted accounting principles. Donated goods are recorded at fair value at the date of donation. The Organization records donated professional services at the respective fair values of the services received. No significant donations of services were received during the years ended September 30, 2023 and 2022. Functional Allocation of Expenses The costs of providing various programs and other activities have been summarized on a natural basis in the statements of activities. Accordingly, certain costs have been allocated among program and supporting services benefited. Income Taxes The Organization is organized as a Florida nonprofit corporation and has been recognized by the IRS as exempt from federal income taxes under IRC Section 501(a) as an organization described in IRC Section 501(c)(3), qualifies for charitable contribution deductions under IRC Sections 170(b)(1)(A)(vi), and has not been determined to be a private foundation under IRC Section 509(a)(1). The Organization is required to file an annual Return of Organization Exempt from Income Tax (Form 990) with the IRS. In addition, the entity is subject to income tax on net income that is derived from business activities that are unrelated to its exempt purposes. Management has determined that the Organization is not subject to unrelated business income tax and has not filed an Exempt Organization Business Income Tax Return (Form 990-T) with the IRS 893 PATHWAYS TO PROSPERITY, INC. NOTES TO FINANCIAL STATEMENTS - 9 - NOTE 2 – SUMMARY OF ACCOUNTING POLICIES (CONTINUED) Income Taxes (continued) The Organization has not taken an unsubstantiated tax position that would require provision of a liability under Financial Accounting Standards Board (“FASB”) Accounting Standards Codification (“ASC”) 740-10, “Accounting for Uncertainty in Income Taxes”. Under ASC § 740-10, an organization must recognize the tax benefit associated with tax positions taken for tax return purposes when it is more-likely-than-not that the position will be sustained. The Organization does not believe there are any material uncertain tax positions and, accordingly, has not recognized any liability for unrecognized tax benefits. The Organization has filed IRS Form 990 tax returns, as required, and all other applicable returns in jurisdictions when it is required. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Actual results could differ from those estimates. NOTE 3 – LIQUIDITY AND AVAILABILITY OF FINANCIAL ASSETS The Organization primarily generates financial assets from contributions received from government grants, foundations, corporations, and individuals as well as yearly special events. The financial assets are acquired throughout the year to help meet the Organization’s cash needs for general expenditures. The following table presents the Organization’s financial assets available for general expenditures within one year of the financial position date: 2023 2022 Total current assets as of September 30, excluding non-financial assets: Cash and cash equivalents 263,511$ 205,498$ Grants receivable 398,554 155,899 Other receivables 440 - Total current assets, excluding non-financial assets 662,505 361,397 Less those unavailable for general expenditures due to: Donor restrictions - - Financial assets available to meet cash needs for general expenditures within one year 662,505$ 361,397$ NOTE 4 – PROPERTY AND EQUIPMENT The following table presents property and equipment as of September 30, 2023 and 2022: Useful 2023 2022 Lives (Years) Office furniture and equipment 26,867$ 23,441$ 5 Less accumulated depreciation (23,210) (20,722) Property and equipment, net 3,657$ 2,719$ 894 PATHWAYS TO PROSPERITY, INC. NOTES TO FINANCIAL STATEMENTS - 10 - For the years ended September 30, 2023 and 2022, depreciation expense amounted to $2,488 and $1,782, respectively. NOTE 5 – GRANTS RECEIVABLE Promises to give, net at September 30, 2023 and 2022 were $- and $155,829, respectively. Management expects all grants receivable to be fully collectible; therefore, no allowance for uncollectible accounts is considered necessary. The following is a summary of grants receivable as of September 30, 2023 and 2022, by expected period of payment: 2023 2022 Amounts expected to be collected in: Less than one year 398,554$ 155,899$ One to five years 73,500 - Grants receivable 472,054 155,899 Less: current grants receivable (398,554) - Grants receivable - long-term, net of current portion 73,500$ 155,899$ NOTE 6 - REVENUE CONCENTRATION The Organization receives the majority of its funding from quasi governmental sources and is, therefore, dependent upon the availability of grants and awards for its continued existence. The Organization received approximately 40% and 63% of its funding from the Children's Services Council of Palm Beach County (CSC) for the years ended September 30, 2023 and 2022. NOTE 7 - NET ASSETS WITH DONOR RESTRICTIONS Net assets with donor restrictions are grants and contributions received that have a time restriction which had not expired by September 30, 2023. net assets with donor restrictions were composed of the following at September 30, 2023 and 2022: 2023 2022 Palm Health Care Foundation 189,153$ 120,637$ DeLuca Foundation 90,000 11,627 Palm Beach County - FAA 147,000 - Flagstar Foundation 25,000 - Community Foundation - 37,314 451,153$ 169,578$ Net assets were released from donor restrictions by incurring expenses satisfying the restricted purpose or by occurrence of the passage of time by the donors as follows for the years ended September 30, 2023 and 2022: 2023 2022 Time restrictions 508,554 314,179 Net assets released from restrictions 508,554$ 314,179$ 895 PATHWAYS TO PROSPERITY, INC. NOTES TO FINANCIAL STATEMENTS - 11 - NOTE 8 – LEASES The Organization accounts for leases in accordance with ASC Topic 842, Leases. In February 2016, FASB issued Accounting Standards Update 2016-02, Leases (ASC 842). The new standard increases transparency and comparability among organizations by requiring the recognition of right-of-use (ROU) assets and lease liabilities on the combined balance sheet. Most prominent of the changes in the standard is the recognition of ROU assets and lease liabilities by lessees for those leases classified as operating leases. Under the standard, disclosures are required to meet the objective of enabling users of financial statements to assess the amount, timing, and uncertainty of cash flows arising from leases. The Organization adopted the requirements of the guidance effective October 1, 2022, and has elected to apply the provisions of this standard to the beginning of the period of adoption, through a cumulative effect adjustment, with certain practical expedients available. The Organization has elected to exclude leases with terms of 12 months or less from the statements of financial position. Short- term lease expense is recognized on a straight-line basis over the expected term of the lease. All of the Organization’s leases are short-term in nature. Therefore, no right-of-use asset or lease liability has been recognized as of September 30, 2023 The Organization leases office space under a non-cancelable operating lease that expired in January 2023. The lease was renewed for a one year term expiring in February 2025. The rent expense of approximately $48,000 for the year ended September 30, 2023, is included in Occupancy in the Statement of Functional Expenses. NOTE 9 – EMPLOYEE BENEFITS PLAN The Organization has adopted a simple retirement plan under Section 408(p) of the Internal Revenue Code of 1986, as amended ('Code"). The employer is permitted to make contributions under the terms of the Plan. Employer contributions for the years ended September 30, 2023 and 2022 were $16,166 and $9,880. NOTE 10 - SMALL BUSINESS ADMINISTRATION LOAN On June 14, 2020, the organization received loan proceeds from the Small Business Administration (SBA) in the amount of $150,000 under Section 7(b) of the Small Business Act. On August 19, 2021, the organization received an additional loan from the SBA in the amount of $150,000. The loans are collateralized by all assets of the Organization. The Organization’s long-term debt consists of the following as of September 30: 2023 2022 Economic Injury Disaster Loan through the, U.S. Small Business Administration due in 360 monthly payments, including interest at a rate of 2.75%, in the amount of $1,328, beginning December 2022 through June 2053 293,577$ 300,000$ Less: current maturities of long-term debt 8,012 - Long-term debt, net of current portion 285,565$ 300,000$ . 896 PATHWAYS TO PROSPERITY, INC. NOTES TO FINANCIAL STATEMENTS - 12 - NOTE 10 - SMALL BUSINESS ADMINISTRATION LOAN (CONTINUED) Future minimum payments of long-term debt are as follows: Year ended September 30, Amount 2024 8,012$ 2025 8,186 2026 8,413 2027 8,648 2028 8,889 Thereafter 251,429 293,577$ NOTE 11 – RECLASSIFICATION Certain reclassifications have been made to the 2022 presentation to conform to the format used in 2023 The reclassifications have no effect on the change in net assets for 2022. NOTE 12 – SUBSEQUENT EVENTS The Organization’s management has considered subsequent events through May 10, 2024, which is the date the financial statements were available to be issued and has determined that there are no subsequent events that require disclosure under ASC 855. 897 Long Island | Margate | Miami | N. Palm Beach | Westchester 772 US Highway 1, Suite 200 North Palm Beach, FL 33408 Tel (561) 626-0400 www.fuoco.com INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Directors Pathways to Prosperity, Inc. Boynton Beach, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of Pathways to Prosperity, Inc. (“the Organization”) (a nonprofit organization), which comprise the statement of financial position as of September 30, 2023, and the related statements of activities, functional expenses, and cash flows for the year then ended, and the related notes to the financial statements, and have issued our report thereon dated May 10, 2024. Report on Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the Organization’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Organization’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Organization’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements, on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether the Organization’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. 898 772 U.S. Highway One, Suite 200 North Palm Beach, FL 33408 Tel (561) 626-0400 www.fuoco.com Long Island | Margate | Miami | N. Palm Beach | Westchester Purpose of This Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the organization’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the organization’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. North Palm Beach, Florida May 10, 2024 899 Circles Palm Beach County Funding Sources Shared Future Foundation- $138,550, approved Children’s Services Council- $122,476, approved The Frederick A. DeLuca Foundation- $90,000, approved Palm Beach County FAA- $73,500, approved The Jim Moran Foundation- $65,000, approved Cathleen McFarlane Foundation- $49,500, approved Palm Beach County CDBG- $31,107, approved Flagstar Foundation- $25,000, approved Quantum Foundation- $50,000, pending The Community Foundation for Palm Beach & Martin Counties- $57,719, pending 900 8 Annual Median Income (AMI) Limits for Palm Beach County, Florida Additional Staff Notes: For Office Use Only: Applicant Area Median Income category: ________________________ Does Applicant qualify for SOFI ?: ________________________ Does Applicant qualify for Circles? _________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 901 CIRCLE LEADER PROGRESS REPORT Updated 9/2022 1 Circle Leader Contact Information Full Name: Address: Phone: E-mail : Place of Employment (if different from previously documented) Place of Employment Name: Work Phone: Job Title: Job Start Date (MM/DD/YYYY): Availability (Please write “Yes” in the boxes corresponding to when you are available.) Monday Tuesday Wednesday Thursday Friday Saturday Sunday Morning Afternoon Evening Housing, Transportation, Education, Employment, and Support Safe housing for next 3 months: ❐ Yes ❐ No Housing status: ❐ Rent (Amount $: ___________) ❐ Own ❐ Other: Reliable transportation: ❐ Yes ❐ No Education completed: ❐ High school ❐ Some college ❐ 4-year degree ❐ GED ❐ 2-year degree ❐ Graduate degree ❐ Certification/Technical training ❐ N/A Have you signed up through www.employflorida.com? ❐ Yes ❐ No Employment status: ❐ Part-time ❐ Full-time ❐ Self-employed ❐ Unemployed Matched to Allies? ❐ Yes ❐ No If yes, how many? _______ Name(s)____________________________ How many people can you count on for support? 902 2 Monthly Household Income Over the Last 30 Days Do not include TANF, SNAP, loans received, or unemployment benefits Circle Leader’s gross earned income: $ 2nd Circle Leader gross earned income: $ Other adult (18+) earned income: $ Child support received: $ Social Security benefits received: $ Military pension or VA benefits received: $ Any other income: $ TOTAL INCOME LAST 30 DAYS >>> $ Cash Assets Checking account(s) balance (current): $ Savings account(s) balance (current): $ Cash on Hand: $ Investments: $ TOTAL CASH ASSETS >>> $ Debt Credit Cards: $ Medical: $ Student Loans: $ Other Debt (ex. mortgage): $ TOTAL DEBT >>> $ Benefits Do you receive housing benefits? ❐ Yes ❐ No If yes, how much? $___________ Do you receive food benefits? ❐ Yes ❐ No If yes, how much? $___________ Do you receive healthcare benefits? ❐ Yes ❐ No If yes, how much? $___________ Do you receive financial assistance benefits? ❐ Yes ❐ No If yes, how much? $___________ Do you receive the Earned Income Tax Credit? ❐ Yes ❐ No If yes, how much? $___________ 903 3 Household Information (if different from previously documented) Number of adults (18+) in household: Number of children in household (list below): Names of Children Date of Birth SSN (optional) School attended Circle Leader Signature: __________________________________ Date: _____________ For Office Use Only: ❐ Initial/Intake ❐ 12 months ❐ 30 months ❐ 48 months ❐ Training completion ❐ 18 months ❐ 36 months ❐ 52 months ❐ 6 months ❐ 24 months ❐ 42 months ❐ 60 months Date of data collection: ____________________ Date entered into Circles database: ____________________ Circles #: __________ Date entered into Client Track: ____________________ HMIS #: __________ Staff Member Print and Sign: _______________________________________________ Additional Staff Notes: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 904 FY2025‐2026 CDBG Application Scoring Name of the organization: _ICare Program_______________________________________________________________________ Category Meets expectations (11‐20 points) Does not meet expectations (0‐10 points) Programmatic Review Proposed Project Executive Summary Points: 5 The applicant describes in detail the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they Selected for program. The applicant is unclear or does not include or describe in details the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they selected for program. Applicants do not provide clear and concise application with an effective summarization of community project. Community Need & Justification Points: 8 The applicant clearly identifies and defines a specific need(s) for the project in the community and effectively describes overall effectiveness of the program, how the project relates to the overall organizational structure, how the CDBG funds are proposed to be used and will impact the current operation of the organization. The applicant does not sufficiently identify or describe a need for the project in the community and does not effectively describes overall effectiveness of the program, how the project relates to the overall organizational structure, how the CDBG funds are proposed to be used and will impact the current operation of the organization. Not enough details 905 Location, Target Population and Income Certification requirement Points: 10 The applicant clearly identifies the location of the project and the target population. The proposal demonstrates a collaborative process that includes multiple community partners involved in planning and implementation. The applicant describes in detail the income certification process and has ability and experience to income certify individuals. The applicant has provided very limited information about the location of the project and the target population. The applicant doesn’t have any partnership with other organizations. The applicant didn’t explain in detail, the process of how the organization income certify individuals, and/or has no experience with income certification, and/or is not able to income certify individuals. Budget Points: 15 The budget is specific and cost reasonable, cost effective and all items align with the described project. The requested grant amount is reasonable in comparison to the in‐kind, or other funds that have been identified, secured, and in place to support the project. There are not any unexplained amounts. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are reasonable. All line items are identified clearly in the budget narrative. The cost is reasonable The budget is not specific and/or cost reasonable, and the items are poorly aligned with the described project. The budget is included in the application but seems incomplete or not reflective of actual costs. The requested grant amount is not reasonable in comparison to the in‐kind, or other funds that have been identified, secured, and in place to support the project. There are unexplained amounts. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are not reasonable. Line items are not clearly defined in the budget narrative. Organization Capacity Points: 15 The human resource allocation to this project is appropriate (internal staff expertise and experience). The applicant demonstrates reliability for this kind of work (provides a brief list of the topics covered in the written policies and procedures, a history or track record of achievements, and letters of support). It explains how CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding. The organization provides a description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant answered all the questions in the application. The human resource allocation to this project is not appropriate (internal staff expertise and experience). The applicant is limited in its ability to demonstrate reliability for this kind of work (the applicant doesn’t provide a brief list of the topics covered in the written policies and procedures, a history or track record of achievements, and letters of support) It doesn’t explain how CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding. The organization doesn’t’ provide a description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant didn’t answer all the questions in the application. 906 Total Score 53/ 100 Reviewer’s Name: ___Jessika Viciere_________________________ Title: Accountant _________________________________________ Notes/comments: The organization provides a fair description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant also answered all the questions in the application. 907 FY2025-2026 CDBG Application Scoring Name of the organization: ________________________________________________________________________ Category Meets expectations (11-20 points) Does not meet expectations (0-10 points) Programmatic Review Proposed Project Executive Summary Points: 10 The applicant describes in detail the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they Selected for program. The applicant is unclear or does not include or describe in details the scope of services of the proposed program to be funded, including; description of the program, what documentation/data was used to determine the need for this type of program, how will the program will be implemented, timeline for implementation, who are the targeted beneficiaries (i. e., geographic area, persons served, etc.), how are they selected for program. Community Need & Justification Points: 10 The applicant clearly identifies and defines a specific need(s) for the project in the community and effectively describes overall effectiveness of the program, how the project relates to the overall organizational structure, how the CDBG funds are proposed to be used and will impact the current operation of the organization. The applicant does not sufficiently identify or describe a need for the project in the community and does not effectively describes overall effectiveness of the program, how the project relates to the overall organizational structure, how the CDBG funds are proposed to be used and will impact the current operation of the organization. Location, Target Population and Income Certification requirement Points: 7 The applicant clearly identifies the location of the project and the target population. The proposal demonstrates a collaborative process that includes multiple community partners involved in planning and implementation. The applicant describes in detail the income certification process and has ability and experience to income certify individuals. The applicant has provided very limited information about the location of the project and the target population. The applicant doesn’t have any partnership with other organizations. The applicant didn’t explain in detail, the process of how the organization income certify individuals, and/or has no experience with income certification, and/or is not able to income certify individuals. Sea Turtle Adevntures, Inc 908 Total Score: 60/ 100 Reviewer’s Name: ____________________________ Title: _________________________________________ Notes/comments: Proposed Project Executive Summary: The applicant did not follow the application format. No clear timeline. The units served do not align with the explanation of the number of adults impacted per day or the various events planned for the project. There is no explanation of the selection process for the payment scale. The total cost of the project is $568,000. While this represents a substantial investment, the number of service units provided remains consistent, costing $2,720 for each individual served. Community Need & Justification: Not all questions were answered concisely. Question #2 was not addressed as intended. Location, Target Population and Income Certification requirement: There was not a clear understanding of the income certification process. Given the population Budget Points: 15 The budget is specific and cost reasonable, cost effective and all items align with the described project. The requested grant amount is reasonable in comparison to the in-kind, or other funds that have been identified, secured, and in place to support the project. There are not any unexplained amounts. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are reasonable. All line items are identified clearly in the budget narrative. The budget is not specific and/or cost reasonable, and the items are poorly aligned with the described project. The budget is included in the application but seems incomplete or not reflective of actual costs. The requested grant amount is not reasonable in comparison to the in-kind, or other funds that have been identified, secured, and in place to support the project. There are unexplained amounts. The overall significance of the project, including the relationship between benefits and/or participants to the programmatic costs are not reasonable. Line items are not clearly defined in the budget narrative. Organization Capacity Points: 18 The human resource allocation to this project is appropriate (internal staff expertise and experience). The applicant demonstrates reliability for this kind of work (provides a brief list of the topics covered in the written policies and procedures, a history or track record of achievements, and letters of support). It explains how CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding. The organization provides a description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant answered all the questions in the application. The human resource allocation to this project is not appropriate (internal staff expertise and experience). The applicant is limited in its ability to demonstrate reliability for this kind of work (the applicant doesn’t provide a brief list of the topics covered in the written policies and procedures, a history or track record of achievements, and letters of support) It doesn’t explain how CDBG funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding. The organization doesn’t’ provide a description of having effective internal controls in place to ensure that federal funds are used solely for authorized purposes. The applicant didn’t answer all the questions in the application. Mirna Crompton Grants Manager 909 involved in this application, a self-assessment is only necessary. The project does not have program income, and the applicant misunderstood the definition and applicability of program income. Budget: The budget lacks detailed explanations for each line item with related to the funding. Applicant submitted a complete organization budget. 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Resolution No. R25-203- Approve a purchase order with JC White Interior Architectural Products in the amount of $129,172.15 utilizing a piggyback of FL Contract #56120000-24-NY-ACS for the purchase of 450 event chairs and 45 stacking carts for the Arts and Cultural Center. Requested Action: Staff recommends approval of Proposed Resolution No. R25-203. Explanation of Request: The City’s Art & Cultural Center is currently undergoing a significant renovation to convert the facility into a modern showcase event hall. As part of this transformation, the acquisition of new chair furnishings is necessary to accommodate guest seating and ensure the venue is appropriately equipped for upcoming events and public gatherings. Therefore, staff is requesting the approval and authorization of the City Manager to issue a purchase order to JC White Architectural Interior Products to furnish 450 event chairs and 45 stacking carts under the FL Contract #56120000-24-NY-ACS, which is set to expire on December 1, 2028. The total amount for this purchase is $129,172.15. This purchase is procured through the piggyback exemption. Piggyback contracts significantly benefit the City of Boynton Beach by providing a cost-effective and efficient way to procure goods and services. By leveraging agreements already in place with other governmental entities, the City can avoid the time-consuming and expensive process of issuing its own competitive bids. This allows quicker access to needed resources while often securing more favorable pricing due to the economies of scale achieved through larger contracts. Additionally, piggybacking ensures the City can tap into pre-vetted vendors who have already been thoroughly evaluated, reducing administrative burdens and risks associated with vendor selection. Ultimately, piggyback contracts streamline procurement, save taxpayer money, and improve the efficiency of City operations. How will this affect city programs or services? The purchase will ensure adequate seating to meet the capacity requirements of the event hall, supporting future meetings, lectures, seminars, parties, weddings and similar events. 1021 Budgeted Item: Yes Account Line Item and Description: 302-4415-572-64-16 Project GG25XX Fiscal Impact: The budget amendment for this item was approved at the 7/15/25 City Commission meeting under resolution R25-173. Attachments: R25-203 Agenda Item 3262-2025 Resolution for JC White.docx Exhibit A to Resolution - 128716_CITY OF BB IMPROV CHAIRS GANGING list -proposal.pdf Statement of Need - Project Sheet - Arts & Cultural Center.pdf Contract Award notice 23295 - updated - exp 12-1-2028.pdf Contract Award - 23295 - exp 12-1-2028.pdf JC White Arch - COI ending 10-2025 - approval.pdf JC White Arch - COI ending 10-2025.pdf 2091523295ContractorInfo.pdf 1022 RESOLUTION NO. R25-203 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING A PURCHASE ORDER WITH JC WHITE 2 INTERIOR ARCHITECTURAL PRODUCTS IN THE AMOUNT OF 3 $129,172.15, PIGGYBACKING FLORIDA CONTRACT NO. 56120000-24-4 NY-ACS FOR THE PURCHASE OF 450 EVENT CHAIRS AND 45 5 STACKING CARTS FOR THE ARTS AND CULTURAL CENTER; AND FOR 6 ALL OTHER PURPOSES. 7 8 WHEREAS, the City’s Art & Cultural Center is currently undergoing significant renovation 9 to convert the facility into a modern showcase event hall. As part of this transformation, the 10 acquisition of new chair furnishings is necessary to accommodate guest seating and ensure the 11 venue is appropriately equipped for upcoming events and public gatherings; and 12 WHEREAS, this purchase is procured through the piggyback exemption. Piggyback 13 contracts significantly benefit the City of Boynton Beach by providing a cost-effective and efficient 14 way to procure goods and services. By leveraging agreements already in place with other 15 governmental entities, the City can avoid the time-consuming and expensive process of issuing 16 competitive bids. This allows quicker access to needed resources while often securing more 17 favorable pricing due to the economies of scale achieved through larger contracts. Additionally, 18 piggybacking ensures the City can tap into pre-vetted vendors who have already been thoroughly 19 evaluated, reducing administrative burdens and risks associated with vendor selection. Ultimately, 20 piggyback contracts streamline procurement, save taxpayer money, and improve the efficiency of 21 City operations; and 22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 23 best interests of the City's citizens and residents to approve a purchase order with JC White Interior 24 Architectural Products in the amount of $129,172.15, piggybacking Florida Contract No. 25 56120000-24-NY-ACS for the purchase of 450 event chairs and 45 stacking carts for the Arts and 26 Cultural Center. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 28 BEACH, FLORIDA, THAT: 29 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption. 31 1023 RESOLUTION NO. R25-203 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 32 approve a purchase order with JC White Interior Architectural Products in the amount of 33 $129,172.15, piggybacking Florida Contract No. 56120000-24-NY-ACS for the purchase of 450 34 event chairs and 45 stacking carts for the Arts and Cultural Center, as further detailed in Exhibit 35 A, attached hereto. 36 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 37 authorizes the Mayor to execute any ancillary documents as may be necessary to accomplish the 38 purpose of this Resolution. 39 SECTION 4. This Resolution shall take effect in accordance with the law. 40 41 42 43 [SIGNATURES ON THE FOLLOWING PAGE] 44 45 1024 RESOLUTION NO. R25-203 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 46 CITY OF BOYNTON BEACH, FLORIDA 47 YES NO 48 Mayor – Rebecca Shelton _____ _____ 49 50 Vice Mayor – Woodrow L. Hay _____ _____ 51 52 Commissioner – Angela Cruz _____ _____ 53 54 Commissioner – Thomas Turkin _____ _____ 55 56 Commissioner – Aimee Kelley _____ _____ 57 58 VOTE ______ 59 ATTEST: 60 61 _____________________________ ______________________________ 62 Maylee De Jesús, MPA, MMC Rebecca Shelton 63 City Clerk Mayor 64 65 APPROVED AS TO FORM: 66 (Corporate Seal) 67 68 _______________________________ 69 Shawna G. Lamb 70 City Attorney 71 1025 QUOTE Miami Gardens 1662 NW 215th St Miami Gardens, FL 33056 Phone: 954-499-6677 West Palm Beach 2403 S. Dixie Highway West Palm Beach, FL 33401 Phone: 561-848-4982 Fax: 561-651-1091 Order Number 128716 Date 07/02/2025 Customer PO No QUOTE Customer Account CITY002 - N Expiration Date 8/1/2025 Salesperson Jim Marzano Project Number Terms NET 30 DAYS Page 1 of 1 T O CITY OF BOYNTON BEACH 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 ATTN: A/P CONTACT S H I P T O CITY OF BOYNTON BEACH 100 E OCEAN AVE BOYNTON BEACH, FL 33435 ATTN: CRAIG CLARK - 561-742-6392 Prepared for : Jim Marzano ***PLEASE SEE OUR NEW BANK INFORMATION BELOW*** ****PLEASE BE ADVISED**** This quote remains valid for 7 days from the date of issue; however, prices are subject to change in response to potential changes in industry tariffs. Line Quantity Description List Unit Price Extended Amount 1 1.00 Each #56120000-24-NY-ACS STATE OF FLORIDA CONTRACT 0.00 0.00 0.00 2 1.00 Lot LABOR-CITY OF BB LABOR TO RECEIVE ,DELIVER, AND INSTALL DURING NORMAL BUSINESS HOURS. M-F,9:00AM-5:00PM 0.00 3,475.00 3,475.00 3 450.00 Each M600-2110-5--(XJ)-,XJ-BL-,TR-F Improv,4Leg, Side chair, Uph Plstc Bk,Arm,Glides,Ganging, Seat 1 Color:(XJ):Wellington GRD A Seat 1 Color:,XJ-BL:Black GRD A Frame Color:,TR-F:Black GRD A 756.58 261.02 117,459.00 4 45.00 Each MPRV-CART Improv Stacking Cart 530.63 183.07 8,238.15 Order Sub-Total :$129,172.15 TOTAL ORDER :$129,172.15 PLEASE REVIEW THIS QUOTATION AND NOTIFY US PROMPTLY OF ANY CORRECTIONS REQUIRED THANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE Wire/ACH Payments: BankUnited Acct: 9856563447 Routing: 267 090 594 ***ANY QUESTIONS, PLEASE CONTACT ACCOUNTSRECEIVABLE@JCWHITE.COM*** 1026 Project Name:Dept./Location:Public Works Project #:Project Type:Improv/Renovation Amount Project G/L #:141,518$ Project Manager:Carl Frumenti -$ -$ Project Duration:90 days PROJECT DESCRIPTION/SCOPE PROJECT PICTURE (Copy and Paste or Insert) BUSINESS CASE/JUSTIFICATION DISTRICT 2 PROJECT SCHEDULE PROJECT CRITERIA Estimated Actual Estimated Actual Replacement of Facilities/Equipment (New x Planning / Study Expansion of Facilities (Modification) Design Enhance Service to Public Contract Advertise/Award Regulatory or Commission Mandate Construction Reduce Costs Project In Service Date Generate Revenue Health & Safety PROJECT PRIORITY High Critical - tied to mandates or safety Security / Fire Control Medium x Maintain level of service, operational savings ADA Complaince Low Moderate benefit RISK / CHALLENGES SOURCE OF FUNDS Prior Years FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Project Total General Gov't CIP Fund (302)$0 $141,518 $0 $0 $0 $0 $141,518 Local Gov't Surtax Cap Fund (303)$0 $0 $0 $0 $0 $0 $0 Transfers In General Fund (001)$0 $0 $0 $0 $0 $0 $0 Local Option Gas Tax (104)$0 $0 $0 $0 $0 $0 $0 Parks & Rec Trust Fund (141)$0 $0 $0 $0 $0 $0 $0 Rec Program Revenue Fund (172)$0 $0 $0 $0 $0 $0 $0 Public Service Debt Fund (207)$0 $0 $0 $0 $0 $0 $0 Utility Cap Improv Fund (403)$0 $0 $0 $0 $0 $0 $0 Utility Cap Fees (404)$0 $0 $0 $0 $0 $0 $0 Golf Fund (412)$0 $0 $0 $0 $0 $0 $0 Debt (Current or New ________)$0 $0 $0 $0 $0 $0 $0 Grant (Name ___________ & ___% share $0 $0 $0 $0 $0 $0 $0 TOTAL $0 $141,518 $0 $0 $0 $0 $141,518 USE OF FUNDS Prior Years FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Project Total Planning/Design $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $0 $0 Furniture & Equipment $0 $141,518 $0 $0 $0 $0 $141,518 Technology Software/Hardware $0 $0 $0 $0 $0 $0 $0 Art (1% of Construction)$0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Program Management / Administration $0 $0 $0 $0 $0 $0 $0 TOTAL $0 $141,518 $0 $0 $0 $0 $141,518 Impact on Operating Budget Prior Years FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Revenues (List:_________________)$0 $0 $0 $0 $0 $0 Personnel $0 $0 $0 $0 $0 $0 Other Operating $0 $0 $0 $0 $0 $0 N/A Start Completion Capital Improvement Program Project Information & Financial Plan Form Purchase 450 chairs and 45 chair carts for Auditiorium seating Event spce is currently undergoing a complete renevation to upgrade this space to be utilized by a wide range of event types. Seating will be required for these planned events. 302- Arts & Culteral Center Event Hall Seating https://bbflus-my.sharepoint.com/personal/arencibiaa_bbfl_us/Documents/Documents/Agenda Items/JC White - Arts & Cultural Center - Event Hall Chairs/Statement of Need - Project Sheet - Arts & Cultural Center:FY2425 Project Sheet (COBB)5/30/2025 1027 Project Name:Dept./Location:Public Works Project #:Project Type:Improv/Renovation Amount Capital Improvement Program Project Information & Financial Plan Form Arts & Culteral Center Event Hall Seating Supplies $0 $0 $0 $0 $0 $0 Capital Outlay $0 $141,518 $0 $0 $0 $0 TOTAL $0 $141,518 $0 $0 $0 $0 Submitted by:Carl Frumenti May 30, 2025 Dept. Director:Department Director May 30, 2025 https://bbflus-my.sharepoint.com/personal/arencibiaa_bbfl_us/Documents/Documents/Agenda Items/JC White - Arts & Cultural Center - Event Hall Chairs/Statement of Need - Project Sheet - Arts & Cultural Center:FY2425 Project Sheet (COBB)5/30/2025 1028 2091523295p33.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Price List Updates DATE: September 19, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Effective immediately, the Contractor below has corrected their Price List. Please note that only Price Lists posted on the OGS website are approved under the Contract. PC70249 Norix Group, Inc. 1. The Price List has been updated to correct product “Rocksmart” that inadvertently was crossed out. Effective immediately, the Contractor below has updated their Price List. Please note that only Price Lists posted on the OGS website are approved under the Contract. PC70266 School Specialty, LLC Please see the Contractor Information Summary page for these updates https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf Questions pertaining to these changes should be directed to the OGS contract manager listed on the Award. All other terms and conditions of the contract remain the same. 1029 2091523295p32.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Price List Updates DATE: September 12, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Effective immediately, the Contractor below has corrected their Price List. Please note that only Price Lists posted on the OGS website are approved under the Contract. PC70281 Steelcase, Inc. 1. The Price List has been updated to make the bookmarks more user friendly. Effective immediately, the Contractors below have updated their Price Lists. Please note that only Price Lists posted on the OGS website are approved under the Contract. PC70203 Global Industries, Inc. D/B/A Global Furniture Group PC70290 Transformations by Wieland, Inc. Please see the Contractor Information Summary page for these updates https://ogs.ny.gov/award-23295 Questions pertaining to these changes should be directed to the OGS contract manager listed on the Award. All other terms and conditions of the contract remain the same. 1030 2091523295p31.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Price List & Contact Information Updates DATE: September 6, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Effective immediately, the Contractor below has corrected their Price List. Please note that only Price Lists posted on the OGS website are approved under the Contract. PC70159 Alumni Classroom Furniture, Inc. 1. The Price List has been updated to reflect the correct pricing for the AALC Storage Solutions product line. This was published with the incorrect pricing during their update. Effective immediately, the Contractor below has updated their Contact Information on their Authorized Dealer Listing as well as their Contractor Information page. PC70170 BioFit Engineered Products, LP Please see the Contractor Information Summary page for these updates https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf Questions pertaining to these changes should be directed to the OGS contract manager listed on the Award. All other terms and conditions of the contract remain the same. 1031 2091523295p30.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Price List Updates DATE: August 27, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Effective immediately, the Contractors below have updated their Price Lists. Please note that only Price Lists posted on the OGS website are approved under the Contract. PC70152 A2S, Inc. PC70155 Agati, Inc. PC70225 KFI Furniture, LLC PC70237 Metalworks, Inc. D/B/A Great Openings PC70273 Smith System Manufacturing Company, Inc. Please see the Contractor Information Summary page for these updates https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf Questions pertaining to these changes should be directed to the OGS contract manager listed on the Award. All other terms and conditions of the contract remain the same. 1032 2091523295p29.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Price List and Authorized Reseller Updates DATE: August 16, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Effective immediately, the Contractor below has updated their Price List. Please note that only Price Lists posted on the OGS website are approved under the Contract. PC70179 Community Products, LLC D/B/A Community Playthings Please be advised that the below listed Contractors’ Authorized Reseller Lists have been updated effective immediately. PC70220 JMJS, Inc. D/B/A COE Distributing 1. JMJS, Inc. D/B/A COE Distributing has corrected their Authorized Reseller List to allow CNY Office Furniture to receive payment. They also updated WB Mason’s phone number. This was inadvertently left off of their update. Please see the Contractor Information Summary page for these updates https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf Questions pertaining to these changes should be directed to the OGS contract manager listed on the Award. All other terms and conditions of the contract remain the same. 1033 2091523295p28.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Price List Updates DATE: August 09, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Effective immediately, the Contractor below has updated their Price List. Please note that only Price Lists posted on the OGS website are approved under the Contract. PC70163 Arcadia Chair Company Effective immediately, the Contractor below has corrected their Price List. Please note that only Price Lists posted on the OGS website are approved under the Contract. PC70257 Pineapple Contracts, Inc. 1. The Notice to Authorized Users has been added to the price list for Pineapple Contracts, Inc. This was inadvertently left off with their update. Please see the Contractor Information Summary page for these updates https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf Questions pertaining to these changes should be directed to the OGS contract manager listed on the Award. All other terms and conditions of the contract remain the same. 1034 2091523295p27.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Authorized Reseller, Contractor Information and Price List Updates DATE: August 05, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Please be advised that effective immediately, the Contractor below has updated information on the Contractor Information Summary page. PC70158 Allsteel, LLC 1. Allsteel, LLC has been updated to show the FEIN of their parent company HNI Workplace Furnishings, LLC. Effective immediately, the Contractors below have updated their Price Lists. Please note that only Price Lists posted on the OGS website are approved under the Contract. PC70179 Community Products, LLC D/B/A Community Playthings PC70261 R.T. London Company Please be advised that the below listed Contractors’ Authorized Reseller Lists have been updated effective immediately. PC70154 Affordable Interior Systems, Inc. PC70190 DSI Industries, Inc. D/B/A OFGO Studio PC70219 Jasper Seating Company, Inc. D/B/A JSI/Jasper Group 1035 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 2 (Statewide) 2091523295p27.docx PC70282 Stylex, Inc. PC70285 Teknion, LLC PC70286 The HON Company, LLC Please see the Contractor Information Summary page for these updates https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf Questions pertaining to these changes should be directed to the OGS contract manager listed on the Award. All other terms and conditions of the contract remain the same. 1036 2091523295p26.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Contractor Information and Price List Updates DATE: July 24, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Please be advised that effective immediately, the Contractors below have updated information on the Contractor Information Summary page. PC70187 Demco, Inc.* PC70230 Lakeshore Learning Materials, LLC * 1. Demco, Inc. has been updated to show the FEIN of their parent company Wall Family Enterprise, Inc. 2. Lakeshore Learning Materials, LLC* has been updated to show the FEIN of their parent company, Lakeshore Parent LLC. Effective immediately, the Contractors below have updated their Price Lists. Please note that only Price Lists posted on the OGS website are approved under the Contract. PC70228 Krueger International, Inc. Please see the Contractor Information Summary page for these updates https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf Questions pertaining to these changes should be directed to the OGS contract manager listed on the Award. All other terms and conditions of the contract remain the same. 1037 2091523295p25.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Authorized Reseller, Contractor Information and Price List Updates DATE: July 19, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Please be advised that effective immediately, the Contractors below have updated information on the Contractor Information Summary page. PC70228 Krueger International, Inc. PC70230 Lakeshore Learning Materials, LLC * 1. Krueger International, Inc. has removed their D/B/A. 2. Lakeshore Learning Materials, LLC* has been updated to include that they are a disregarded entity of Lakeshore Parent LLC. Effective immediately, the Contractors below have updated their Price Lists. Please note that only Price Lists posted on the OGS website are approved under the Contract. PC70154 Affordable Interior Systems, Inc. PC70281 Steelcase, Inc. PC70283 Swiftspace, Inc. Please be advised that the below listed Contractors’ Authorized Reseller Lists have been updated effective immediately. PC70154 Affordable Interior Systems, Inc. 1038 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 2 (Statewide) 2091523295p25.docx PC70155 Agati, Inc. PC70272 Exemplis, LLC PC70205 Hancock & Moore, LLC D/B/A Cabot Wrenn PC70212 Human Active Technology PC70213 Humanscale Corporation PC70167 Integra, Inc. D/B/A Integra Seating PC70219 Jasper Seating Company, Inc. D/B/A JSI/Jasper Group PC70225 Keilhauer LTD PC70228 Krueger International, Inc. PC70236 Merge Office Interiors, Inc. PC70237 Metalworks, Inc. D/B/A Great Openings PC70242 Mobilier du Bureau D/B/A Logiflex PC70260 Raynor Marketing Limited PC70269 Senator International, Inc. D/B/A Allermuir PC70273 Smith System Manufacturing Company, Inc. PC70280 Stance Healthcare, Inc. PC70284 Tayco Office Furnishings, Inc. PC70285 Teknion, LLC 1039 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 3 (Statewide) 2091523295p25.docx Please see the Contractor Information Summary page for these updates https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf Questions pertaining to these changes should be directed to the OGS contract manager listed on the Award. All other terms and conditions of the contract remain the same. 1040 2091523295p24.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Price List & Authorized Reseller Updates DATE: July 12, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Effective immediately, the Contractor below has corrected their Price List. Please note that only Price Lists posted on the OGS website are approved under the Contract. PC70296 WB Mason Company, Inc. 1. WB Mason Company, Inc’s price list has been corrected to include all their product lines. Effective immediately, the Contractors below have updated their Price Lists. Please note that only Price Lists posted on the OGS website are approved under the Contract. PC70157 Allseating Corporation PC70159 Alumni Classroom Furniture, Inc. PC70160 Amcase, Inc. PC70166 Artopex, Inc. PC70190 DSI Industries, Inc. D/B/A OFGO Studio PC70198 Fellowes, Inc. PC70233 Lesro Industries, Inc. 1041 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 2 (Statewide) 2091523295p24.docx PC70254 Palmer Hamilton, LLC PC70257 Pineapple Contracts, Inc. Please be advised that the below listed Contractors’ Authorized Reseller Lists have been updated effective immediately. PC70151 9 to 5 Seating, LLC PC70152 A2S, Inc. PC70155 Agati, Inc. PC70160 Amcase, Inc. PC70163 Arcadia Chair Company PC70164 Arconas Corporation PC70167 ASSA Group D/B/A Enwork PC70170 BioFit Engineered Products, LP PC70174 Bush Industries, Inc. D/B/A eSolutions Furniture PC70180 Computer Comforts, Inc. PC70182 Custom Educational Furnishings, LLC D/B/A CEF PC70184 DARRAN Furniture Industries, Inc. PC70185 Datum Filing Systems, Inc. D/B/A Datum Storage Solutions PC70190 DSI Industries, Inc. D/B/A OFGO Studio PC70195 Ergonom Corporations D/B/A ERG International 1042 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 3 (Statewide) 2091523295p24.docx PC70197 FE Hale Manufacturing Company PC70203 Global Industries, Inc. D/B/A Global Furniture Group PC70207 Haworth, Inc. PC70210 Highpoint Furniture Industries, Inc. PC70214 Indiana Furniture Industries, Inc. PC70220 JMJS, Inc. D/B/A COE Distributing PC70225 KFI Furniture, LLC PC70226 Kimball International Brands, Inc. PC70228 Krueger International, Inc. D/B/A KI PC70233 Lesro Industries, Inc. PC70239 MiEN Company, Inc. PC70244 MooreCo, Inc. PC70251 NPS Public Furniture Corp. PC70252 Office Master Inc. PC70253 OFS Brands, Inc. PC70254 Palmer Hamilton LLC PC70256 Paragon Furniture, Inc. PC70267 Seating, Inc. 1043 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 4 (Statewide) 2091523295p24.docx PC70269 Senator International, Inc. D/B/A Allermuir PC70275 Spacefile International Corp. PC70278 Special-T, LLC PC70281 Steelcase, Inc. PC70283 Swiftspace, Inc. PC70288 TMC Furniture, Inc. Please see the Contractor Information Summary page for these updates https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf Questions pertaining to these changes should be directed to the OGS contract manager listed on the Award. All other terms and conditions of the contract remain the same. 1044 2091523295p23.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: 8th Supplemental Award DATE: July 08, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Bradford Deforge | 518-473-3876 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: PC70230 PC70240 CONTRACTOR: Lakeshore Learning Materials, LLC Mitylite, Inc. Please be advised that the below listed Contractors have been added to Award 23295 effective immediately. PC70230 Lakeshore Learning Materials, LLC PC70240 Mitylite, Inc. Please see the Contract Award for this update https://online.ogs.ny.gov/purchase/spg/awards/2091523295CAN.HTM Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1045 2091523295p22.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Price List Updates DATE: July 3, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Effective immediately, the Contractors below have updated their Price Lists. Please note that only Price Lists posted on the OGS website are approved under the Contract. PC70170 BioFit Engineered Products, LP PC70208 Hertz Furniture Systems, LLC PC70210 Highpoint Furniture Industries, Inc. PC70213 Humanscale Corporation PC70214 Indiana Furniture Industries, Inc. PC70219 Jasper Seating Company, Inc. d/b/a JSI/Jasper Group PC70249 Norix Group, Inc. PC70252 Office Master, Inc. PC70286 The HON Company, LLC PC70288 TMC Furniture, Inc. 1046 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 2 (Statewide) 2091523295p22.docx PC70291 Trinity Furniture, Inc. PC70293 Via, Inc. PC70294 VS America, Inc. Please see the Contractor Information Summary page for these updates https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf Questions pertaining to these changes should be directed to the OGS contract manager listed on the Award. All other terms and conditions of the contract remain the same. 1047 2091523295p21.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Price List Updates DATE: June 28, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Effective immediately, the Contractors below have updated their Price Lists. Please note that only Price Lists posted on the OGS website are approved under the Contract. PC70151 9 to 5 Seating, LLC PC70156 Allied Plastics, Inc. PC70158 Allsteel, LLC PC70180 Computer Comforts, Inc. PC70182 Custom Educational Furnishings, LLC d/b/a CEF PC70195 Ergonom Corporations d/b/a ERG International PC70200 Fomcore, LLC PC70220 JMJS, Inc. d/b/a COE Distributing PC70222 Jonti-Craft, Inc. PC70226 Kimball International Brands, Inc. 1048 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 2 (Statewide) 2091523295p21.docx PC70227 KNU d/b/a La-Z-Boy Contract Furniture PC70239 MiEN Company, Inc. PC70253 OFS Brands, Inc. PC70256 Paragon Furniture, Inc. PC70267 Seating, Inc. PC70275 Spacefile International Corp. PC70277 Spec Furniture, Inc. PC70285 Teknion, LLC PC70289 Toledo Furniture, Inc. PC70296 WB Mason Company, Inc Please see the Contractor Information Summary page for these updates https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf Questions pertaining to these changes should be directed to the OGS contract manager listed on the Award. All other terms and conditions of the contract remain the same. 1049 2091523295p20.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Authorized Reseller and Contractor Information Corrections DATE: June 17, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Please be advised that effective immediately, the Contractors below have updated information on the Contractor Information Summary page. PC70158 Allsteel, LLC PC70203 Global Industries, Inc. D/B/A Global Furniture Group 1. Allsteel, LLC has corrected their NYS Vendor ID. 2. Global Industries, Inc. has corrected their address. Please be advised that effective immediately, the below listed Contractors Authorized Reseller Lists have been revised. PC70158 Allsteel, LLC PC70231 Leeder Furniture, LLC 1. Allsteel, LLC has corrected their NYS Vendor ID. 2. Leeder Furniture, LLC has updated their Contact for Sales/Billing. Please be advised that effective immediately, the below listed Contractors Contact Information pages have been revised. PC70158 Allsteel, LLC 1050 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 2 (Statewide) 2091523295p20.docx PC70231 Leeder Furniture, LLC PC70241 MillerKnoll, Inc. PC70249 Norix Group, Inc. 1. Allsteel, LLC has corrected their NYS Vendor ID. 2. Leeder Furniture, LLC has updated their Contact for Sales/Billing. 3. MillerKnoll, Inc. has removed the Product Names under the Inside Delivery and Installation fields. 4. Norix Group, Inc. has corrected the dollar amount under their Volume Discounts from $1,000,000 to $100,000. Please see the Contractor Information Summary page for these updates https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf Questions pertaining to these changes should be directed to the OGS contract manager listed on the Award. All other terms and conditions of the contract remain the same. 1051 2091523295p19.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: 7th Supplemental Award DATE: June 4, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Bradford Deforge | 518-473-3876 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: PC70169 PC70179 CONTRACTOR: Bayview Industries, Inc. D/B/A SurfaceWorks Community Products, LLC D/B/A Community Playthings Please be advised that the below listed Contractors have been added to Award 23295 effective immediately. PC70169 Bayview Industries, Inc. D/B/A SurfaceWorks PC70179 Community Products, LLC D/B/A Community Playthings Please see the Contract Award for this update https://online.ogs.ny.gov/purchase/spg/awards/2091523295CAN.HTM Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1052 2091523295p18.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Authorized Reseller List Correction DATE: May 31, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: PC70251 CONTRACTOR: NPS Public Furniture Corp Please be advised that effective immediately, the below listed Contractors Authorized Reseller List has been revised to correct errors within the original posting. PC70251 NPS Public Furniture Corp Please see the Contractor Information Summary page for these updates https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf Questions pertaining to these changes should be directed to the OGS contract manager listed on the Award. All other terms and conditions of the contract remain the same. 1053 2091523295p17.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Price List Corrections DATE: May 30, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Effective immediately, the Contractors below have made corrections to their Price Lists. PC70212 Human Active Technology PC70239 MiEN Company, Inc. 1. Human Active Technology has corrected their discount structure of 57% for all items to 60.7% for monitor arms and monitor arm accessories, and 66.8% for tables and table accessories. 2. MiEN has removed the following from their price list, which were included in error: • Mien 2023SC Price List • 2023 MiEN General Price List Q1-JAN • 2023 MiEN General Price List Q2 • MiEN 2022 price list Please see the Contract Information Summary Page and Pricing Information for these updates: https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf Questions pertaining to these changes should be directed to the OGS contract manager listed on the Award. All other terms and conditions of the contract remain the same. 1054 2091523295p16.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Contact Information Update DATE: May 23, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: PC70181 CONTRACTOR: Corilam Fabricating Company, Inc. Effective immediately, the Contractor below has updated their contact information on the Contractor Information Page and Authorized Reseller List. PC70181 Corilam Fabricating Company, Inc. Please see the Contract Award for this update https://online.ogs.ny.gov/purchase/spg/awards/2091523295CAN.HTM Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1055 2091523295p15.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: 6th Supplemental Award DATE: May 17, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Bradford Deforge | 518-473-3876 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: PC70207 CONTRACTOR: Haworth, Inc. Please be advised that the below listed Contractor has been added to Award 23295 effective immediately. PC70207 Haworth, Inc. Please see the Contract Award for this update https://online.ogs.ny.gov/purchase/spg/awards/2091523295CAN.HTM Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1056 2091523295p14.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: 5th Supplemental Award DATE: May 14, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Bradford Deforge | 518-473-3876 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Please be advised that the below listed Contractors have been added to Award 23295 effective immediately. PC70158 Allsteel LLC* PC70160 Amcase, Inc. PC70180 Computer Comforts, Inc. PC70186 DCI, Inc. PC70198 Fellowes Inc. PC70204 Groupe Lacasse LLC PC70211 HLF Furniture Inc. PC70222 Jonti-Craft, Inc. PC70226 Kimball Int'l Brands Inc. PC70239 MiEN Company, Inc. PC70241 MillerKnoll, Inc. 1057 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 2 (Statewide) 2091523295p14.docx PC70252 Office Master Inc PC70255 Palmieri Furniture LTD PC70257 Pineapple Contracts, Inc. PC70290 Transformations by Wieland Inc PC70296 WB Mason Company Inc. *Allsteel, LLC is a disregarded entity of HNI Workplace Furnishings, LLC (Parent/Owner). HNI Workplace Furnishings, LLC’s Employer Identification Number is 36-0717079. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Allsteel, LLC is the entity who holds Contract PC70158, is fully responsible for the performance of duties under Contract PC70158. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. Please see the Contract Award for this update https://online.ogs.ny.gov/purchase/spg/awards/2091523295CAN.HTM Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1058 2091523295p13.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Authorized Reseller List Updates DATE: May 7, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Please be advised that the below listed Contractors’ Authorized Reseller Lists have been updated effective immediately. PC70151 9 to 5 Seating, LLC PC70205 Hancock & Moore, LLC D/B/A Cabot Wrenn PC70227 KNU D/B/A La-Z-Boy Contract Furniture PC70232 Leland Int'l Inc. PC70234 LIAT LLC PC70235 Mediatechnologies, LLC D/B/A Mediatechnologies PC70245 Neutral Posture, Inc. PC70251 NPS Public Furniture Corp PC70268 Sedia Systems Inc PC70269 Senator International, Inc. D/B/A Allermuir 1059 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 2 (Statewide) 2091523295p13.docx PC70272 Exemplis, LLC PC70280 Stance Healthcare Inc PC70282 Stylex Inc PC70285 Teknion LLC PC70291 Trinity Furniture, Inc. Please see the Contractor Information Summary page for these updates https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1060 2091523295p12.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: 4th Supplemental Award DATE: May 2, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Bradford Deforge | 518-473-3876 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Please be advised that the below listed Contractors have been added to Award 23295 effective immediately. PC70172 BRC Business Enterprises Limited PC70212 Human Active Technology PC70243 Moduform Inc. PC70245 Neutral Posture, Inc. PC70251 NPS Public Furniture Corp D/B/A National Public Seating PC70266 School Specialty, LLC PC70268 Sedia Systems Inc PC70272 Exemplis, LLC* PC70273 Smith System Manufacturing Company, Inc. PC70282 Stylex, Inc. PC70289 Toledo Furniture, Inc. 1061 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 2 (Statewide) 2091523295p12.docx *Exemplis, LLC is a disregarded entity of Seating Intermediate Holdings, LLC (Parent/Owner). Seating Intermediate Holdings, LLC’s Employer Identification Number is 47-3083740. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Exemplis, LLC is the entity who holds Contract PC70272, is fully responsible for the performance of duties under Contract PC70272. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. Please see the Contract Award for this update https://online.ogs.ny.gov/purchase/spg/awards/2091523295CAN.HTM Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1062 2091523295p11.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Authorized Reseller List Update DATE: April 30, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: PC70253 CONTRACTOR: OFS Brands, Inc. Please be advised that the below listed Contractors’ Authorized Reseller List has been updated effective immediately. PC70253 OFS Brands, Inc. Please see the Contractor Information Summary page for these updates https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1063 2091523295p10.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Authorized Reseller List and Contractor Information Updates DATE: April 23, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Please be advised that the below listed Contractors’ Authorized Reseller Lists have been updated effective immediately. PC70152 A2S, Inc. PC70155 Agati, Inc. PC70154 Affordable Interior Systems, Inc. PC70156 Allied Plastics, Inc. PC70157 Allseating Corporation PC70159 Alumni Classroom Furniture, Inc. PC70161 AmTab Manufacturing Corporation PC70163 Arcadia Chair Company PC70164 Arconas Corporation PC70166 Artopex, Inc. 1064 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 2 (Statewide) 2091523295p10.docx PC70167 ASSA Group D/B/A Enwork PC70168 Aurora Storage Products, Inc. PC70170 BioFit Engineered Products, LP PC70174 Bush Industries, Inc. D/B/A eSolutions Furniture PC70175 Case Systems, Inc. PC70177 Columbia Manufacturing, Inc. PC70182 Custom Educational Furnishings, LLC D/B/A CEF PC70184 DARRAN Furniture Industries, Inc. PC70185 Datum Filing Systems, Inc. D/B/A Datum Storage Solutions PC70188 Ditto Sales, Inc. D/B/A Versteel PC70189 Diversified Woodcrafts, Inc. PC70190 DSI Industries, Inc. D/B/A OFGO Studio PC70195 Ergonom Corporations D/B/A ERG International PC70196 Fairway Holdings, Inc. D/B/A Berco Designs PC70197 FE Hale Manufacturing Company PC70200 Fomcore, LLC PC70203 Global Industries, Inc. D/B/A Global Furniture Group PC70209 Hi5 Furniture, Inc. 1065 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 3 (Statewide) 2091523295p10.docx PC70210 Highpoint Furniture Industries, Inc. PC70214 Indiana Furniture Industries, Inc. PC70215 Integra Inc. D/B/A Integra Seating PC70218 IOF Business Furniture Manufacturing, Inc. PC70219 Jasper Seating Company, Inc. D/B/A JSI/Jasper Group PC70220 JMJS, Inc. D/B/A COE Distributing PC70224 Keilhauer LTD PC70225 KFI Furniture, LLC PC70229 Krug, Inc. PC70233 Lesro Industries, Inc. PC70236 Merge Office Interiors, Inc. PC70246 New England Woodcraft, Inc. PC70248 Nightingale Corp. PC70249 Norix Group, Inc. PC70256 Paragon Furniture, Inc. PC70259 Rapp Productions Inc. D/B/A FurnitureLab PC70260 Raynor Marketing Limited PC70267 Seating, Inc. 1066 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 4 (Statewide) 2091523295p10.docx PC70271 SICO America, Inc. PC70274 Source International Corp PC70275 Spacefile International Corp. PC70277 Spec Furniture, Inc. PC70278 Special-T, LLC PC70286 The HON Company, LLC PC70287 Three-H Furniture Systems Limited PC70288 TMC Furniture, Inc. PC70293 Via, Inc. PC70294 VS America, Inc. PC70295 WB Manufacturing, LLC PC70297 Wenger Corporation Effective immediately, the Contractors below have made corrections to their Contractor Information. PC70177 Columbia Manufacturing, Inc. PC70196 Fairway Holdings, Inc. D/B/A Berco Designs PC70249 Norix Group, Inc. Please see the Contractor Information Summary page for these updates https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf 1067 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 5 (Statewide) 2091523295p10.docx Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1068 2091523295p9.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: 3rd Supplemental Award DATE: April 12, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Bradford Deforge | 518-473-3876 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Please be advised that the below listed Contractors have been added to Award 23295 effective immediately. PC70151 9 to 5 Seating, LLC* PC70162 Appalachian University Systems, Inc. D/B/A Smarter Furnishings PC70187 Demco, Inc.* PC70191 Ecologic Industries, LLC D/B/A Ecologic Furniture* PC70205 Hancock & Moore, LLC D/B/A Cabot Wrenn* PC70213 Humanscale Corporation PC70216 Interior Concepts Corp. PC70217 SBE Interior Resources USA PC70221 John Savoy & Son Inc DBA Savoy Contract Furniture PC70227 KNU D/B/A La-Z-Boy Contract Furniture PC70232 Leland International, Inc. 1069 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 2 (Statewide) 2091523295p9.docx PC70233 Lesro Industries, Inc. PC70234 LIAT, LLC PC70235 Mediatechnologies, LLC D/B/A Mediatechnologies PC70236 Merge Office Interiors, Inc. PC70238 Foliot Furniture Pacific, Inc. PC70242 Mobilier du Bureau D/B/A Logiflex PC70244 MooreCo, Inc. PC70247 Nickerson NY, LLC PC70249 Norix Group, Inc. PC70250 NOVA Solutions, Inc. PC70253 OFS Brands, Inc. PC70254 Palmer Hamilton LLC PC70259 Rapp Productions Inc. D/B/A FurnitureLab PC70264 Scholar Craft Products, Inc. PC70269 Senator International, Inc. D/B/A Allermuir PC70270 Series USA LLC PC70274 Source International Corp. PC70280 Stance Healthcare, Inc. 1070 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 3 (Statewide) 2091523295p9.docx PC70285 Teknion, LLC *9 to 5 Seating, LLC is a disregarded entity of Flokk, LLC (Parent/Owner). Flokk, LLC’s Employer Identification Number is 84-3698834. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. 9 to 5 Seating, LLC is the entity who holds Contract PC70151, is fully responsible for the performance of duties under Contract PC70151. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. *Demco, Inc. is a disregarded entity of Wall Family Enterprise, Inc. (Parent/Owner). Wall Family Enterprise, Inc.’s Employer Identification Number is 20-8230779. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Demco, Inc. is the entity who holds Contract PC70187, is fully responsible for the performance of duties under Contract PC70187. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. *Ecologic Industries, LLC D/B/A Ecologic Furniture is a disregarded entity of Ecologic Industries DE, LLC. (Parent/Owner). Ecologic Industries DE, LLC’s Employer Identification Number is 27-3650418. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Ecologic Industries, LLC D/B/A Ecologic Furniture is the entity who holds Contract PC70191, is fully responsible for the performance of duties under Contract PC70191. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. *Hancock & Moore, LLC D/B/A Cabot Wrenn is a disregarded entity of RHF Investments, Inc. (Parent/Owner). RHF Investments, Inc.’s Employer Identification Number is 46-2232330. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Hancock & Moore, LLC D/B/A Cabot Wrenn is the entity who holds Contract PC70205, is fully responsible for the performance of duties under Contract PC70205. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. Please see the Contract Award for this update https://online.ogs.ny.gov/purchase/spg/awards/2091523295CAN.HTM Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1071 2091523295p8.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Authorized Reseller List Updates DATE: March 27, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Bradford Deforge | 518-473-3876 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Please be advised that the below listed Contractors’ Authorized Reseller Lists have been updated effective immediately. PC70170 BioFit Engineered Products, LP PC70200 Fomcore, LLC PC70215 Integra Inc. D/B/A Integra Seating PC70219 Jasper Seating Co. Inc. PC70229 Krug, Inc. PC70237 Metalworks, Inc. D/B/A Great Openings PC70256 Paragon Furniture, Inc. PC70258 PS Furniture, Inc. Please see the Contractor Information Summary page for these updates https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1072 2091523295p7.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Contact Information Update DATE: March 8, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Effective immediately, the Contractors below have updated their contact information on the Contractor Information Pages: PC70170 BioFit Engineered Products, LP PC70248 Nightingale Corp. PC70265 School Outfitters, LLC PC70286 The HON Company, LLC Please see the Contract Award for this update https://online.ogs.ny.gov/purchase/spg/awards/2091523295CAN.HTM Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1073 2091523295p6.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: 2nd Supplemental Award DATE: March 4, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Bradford Deforge | 518-473-3876 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Please be advised that the below listed Contractors have been added to Award 23295 effective immediately. PC70156 Allied Plastics, Inc. PC70159 Alumni Classroom Furniture Inc. PC70164 Arconas Corporation PC70170 BioFit Engineered Products, LP PC70176 CBT Supply Inc D/B/A Smartdesk PC70192 Egan Visual International D/B/A Egan Visual PC70195 Ergonom Corporation D/B/A ERG International PC70200 Fomcore, LLC PC70206 Haskell Office LLC D/B/A Haskell Education PC70215 Integra Inc. D/B/A Integra Seating PC70219 Jasper Seating Co. Inc. 1074 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 2 (Statewide) 2091523295p6.docx PC70220 JMJS, Inc. PC70223 Kaplan Early Learning Company PC70224 Keilhauer LTD PC70225 KFI Furniture, LLC PC70229 Krug, Inc. PC70231 Leeder Furniture, LLC PC70237 Metalworks, Inc. D/B/A Great Openings PC70248 Nightingale Corp. PC70256 Paragon Furniture, Inc. PC70258 PS Furniture, Inc. PC70261 R.T. London Company PC70263 Sauder Manufacturing Co. D/B/A Wieland Healthcare, Sauder Education, Butler Human Services PC70265 School Outfitters, LLC PC70276 Spacesaver Storage Systems, Inc. PC70279 Spectrum Industries, Inc. PC70281 Steelcase, Inc. PC70284 Tayco Office Furnishings, Inc. PC70286 The HON Company, LLC 1075 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 3 (Statewide) 2091523295p6.docx PC70295 WB Manufacturing, LLC Please see the Contract Award for this update https://online.ogs.ny.gov/purchase/spg/awards/2091523295CAN.HTM Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1076 2091523295p5.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Contact Information Update DATE: March 4, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: PC70287 CONTRACTOR: Three-H Furniture Systems Limited Effective immediately, the Contractor below has updated their contact information on the Authorized Dealer Listing: PC70287 Three-H Furniture Systems Limited Please see the Contract Award for this update https://online.ogs.ny.gov/purchase/spg/awards/2091523295CAN.HTM Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1077 2091523295p4.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Contact Information Update DATE: February 26, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: PC70202 CONTRACTOR: Furniture Pro Corp. Effective immediately, the Contractor below has updated their address on the Contractor Information Summary page and Authorized Dealer Listing: PC70202 Furniture Pro Corp. 971 Route 45, Suite 214 Pomona, NY 10970 Please see the Contract Award for this update https://online.ogs.ny.gov/purchase/spg/awards/2091523295CAN.HTM Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1078 2091523295p3.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Pricing and Contractor Information Updates DATE: February 26, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Effective immediately, the Contractor below has made a correction to their Pricing Information: PC70278 Special-T, LLC Effective immediately, the Contractor below has made a correction to their Contractor Information: PC70163 Arcadia Chair Company Please see the Contract Award for this update https://online.ogs.ny.gov/purchase/spg/awards/2091523295CAN.HTM Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1079 2091523295p2.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: 1st Supplemental Award Revision DATE: February 7, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Bradford Deforge | 518-473-3876 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Please be advised that the below listed Contractors have been added to Award 23295 effective immediately. The original Contract Award Notification Update misspelled Sandler Seating, Inc. PC70262. PC70152 A2S, Inc. PC70157 Allseating Corporation PC70168 Aurora Storage Products, Inc. PC70174 Bush Industries, Inc. D/B/A eSolutions Furniture PC70175 Case Systems, Inc. PC70181 Corilam Fabricating Company, Inc. PC70182 Custom Educational Furnishings, LLC D/B/A CEF PC70189 Diversified Woodcrafts, Inc. PC70190 DSI Industries, Inc. D/B/A OFGO Studio PC70196 Fairway Holdings, Inc. D/B/A Berco Designs PC70197 FE Hale Manufacturing Company 1080 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 2 (Statewide) 2091523295p2.docx PC70199 Fleetwood Group, Inc. D/B/A Fleetwood Furniture PC70202 Furniture Pro Corp. PC70203 Global Industries, Inc. D/B/A Global Furniture Group PC70208 Hertz Furniture Systems, LLC PC70209 Hi5 Furniture, Inc. PC70210 Highpoint Furniture Industries, Inc. PC70214 Indiana Furniture, Inc. PC70228 Kreuger International, Inc. D/B/A KI PC70246 New England Woodcraft, Inc. PC70260 Raynor Marketing Limited PC70262 Sandler Seating, Inc. PC70267 Seating, Inc. PC70271 SICO America, Inc. PC70275 Spacefile International Corp. PC70277 Spec Furniture, Inc. PC70288 TMC Furniture, Inc. PC70297 Wenger Corporation 1081 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 3 (Statewide) 2091523295p2.docx Please see the Contract Award for this update https://online.ogs.ny.gov/purchase/spg/awards/2091523295CAN.HTM Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1082 2091523295p2.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: 1st Supplemental Award DATE: February 7, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Bradford Deforge | 518-473-3876 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: Various CONTRACTOR: Various Please be advised that the below listed Contractors have been added to Award 23295 effective immediately. PC70152 A2S, Inc. PC70157 Allseating Corporation PC70168 Aurora Storage Products, Inc. PC70174 Bush Industries, Inc. D/B/A eSolutions Furniture PC70175 Case Systems, Inc. PC70181 Corilam Fabricating Company, Inc. PC70182 Custom Educational Furnishings, LLC D/B/A CEF PC70189 Diversified Woodcrafts, Inc. PC70190 DSI Industries, Inc. D/B/A OFGO Studio PC70196 Fairway Holdings, Inc. D/B/A Berco Designs PC70197 FE Hale Manufacturing Company 1083 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 2 (Statewide) 2091523295p2.docx PC70199 Fleetwood Group, Inc. D/B/A Fleetwood Furniture PC70202 Furniture Pro Corp. PC70203 Global Industries, Inc. D/B/A Global Furniture Group PC70208 Hertz Furniture Systems, LLC PC70209 Hi5 Furniture, Inc. PC70210 Highpoint Furniture Industries, Inc. PC70214 Indiana Furniture, Inc. PC70228 Kreuger International, Inc. D/B/A KI PC70246 New England Woodcraft, Inc. PC70260 Raynor Marketing Limited PC70262 Sander Seating, Inc. PC70267 Seating, Inc. PC70271 SICO America, Inc. PC70275 Spacefile International Corp. PC70277 Spec Furniture, Inc. PC70288 TMC Furniture, Inc. PC70297 Wenger Corporation 1084 GROUP 20915 – Furniture, All Types (except Hospital Room and Patient Handling) PAGE 3 (Statewide) 2091523295p2.docx Please see the Contract Award for this update https://online.ogs.ny.gov/purchase/spg/awards/2091523295CAN.HTM Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1085 2091523295p1.docx Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Update Subject: Pricing Information Update DATE: January 18, 2024 AWARD #: 23295 GROUP #: 20915 AWARD DESCRIPTION: Furniture, All Types (except Hospital Room and Patient Handling) (Statewide) CONTRACT PERIOD: December 5, 2023 – December 1, 2028 CONTACT: Rachael Smelyansky | 518-473-2961 | ogs.sm.ps.furniture@ogs.ny.gov CONTRACT NO.: PC70287 CONTRACTOR: Three-H Furniture Systems Limited Effective immediately, the Contractor below has made a correction to their Pricing Information: PC70287 Three-H Furniture Systems Limited Please see the Contract Award for this update https://online.ogs.ny.gov/purchase/spg/awards/2091523295CAN.HTM Questions pertaining to these changes should be directed to the OGS contract administrator listed on the Award. All other terms and conditions of the contract remain the same. 1086 (continued) 2091523295ra8 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contract Award Notification Title : Group 20915 – Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Classification Code(s): 56 Award Number : 23295 (Replaces 23109) Contract Period : December 5, 2023 – December 1, 2028 Bid Opening Date : June 28, 2023 Date of Issue : December 5, 2023 (July 8, 2024) Specification Reference : As Incorporated In The Solicitation Contractor Information : Appears on Page 2 of this Award Address Inquiries To: State Agencies & Vendors Political Subdivisions & Others Name : Title : Phone : E-mail : Rachael Smelyansky Contract Management Specialist I 518-473-2961 ogs.sm.ps.furniture@ogs.ny.gov Procurement Services Customer Services Phone : E-mail : 518-474-6717 customer.services@ogs.ny.gov Procurement Services values your input. Complete and return "Contract Performance Report" at end of document. Description Furniture All Types Statewide: Conference Furniture (seating and tables), Dormitory Furniture, General Purpose Tables, High Density Filing, Household Furniture, Library Furniture, Office and Courtroom Furniture, School/Higher Education Furniture (found in classrooms for elementary schools through college), Specialty Seating (includes big and tall seating, bariatric, gang seating and laboratory stools), Systems Furniture. This Award excludes furniture specific to Hospital Room & Direct Patient Care. Inside Delivery is offered by all contractors. Installation is an optional service offered by some contractors This Award has 15% MBE, 15% WBE and 6% SDVOB goal requirements. PR # 23295 1087 GROUP 20915 – Furniture, All Types AWARD 23295 PAGE 2 (except Hospital Room and Patient Handling) (Statewide) (continued) 2091523295ra8 CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# / NYS VENDOR# PC70151 9 to 5 Seating, LLC* 3211 Jack Northrop Avenue Hawthorne, CA 90250 812-766-3736 Federal ID 84-3720624 Vendor ID 1100263571 PC70152 SBE A2S, Inc. 62 Enter Lane Islandia, NY 11749 210-540-5325 Federal ID 30-1012200 Vendor ID 1100211002 PC70153 WBE SBE A.F.C. Industries, Inc. 13-16 133rd Place College Point, NY 11356 718-747-0237 Ext 1232 Federal ID 11-3225387 Vendor ID 1100003175 PC70154 Affordable Interior Systems, Inc. 25 Tucker Drive Leominster, MA 01453 978-562-7500 Federal ID 04-3489948 Vendor ID 100059011 PC70155 Agati, Inc. 451 N. Claremont Avenue Chicago, IL 60612 312-632-6201 Federal ID 36-3529331 Vendor ID 1000009198 PC70156 Allied Plastics, Inc. 2001 Walnut Street Jacksonville, FL 32206 814-342-7000 Federal ID 59-1270942 Vendor ID 1100294466 PC70157 Allseating Corporation 5800 Avebury Rd, Unit 3 Mississauga, ON L5R 3M3 616-368-2166 Federal ID 98-0110664 Vendor ID 1000009836 PC70158 Allsteel LLC* 600 East 2nd Street Muscatine, IA 52761-5257 416-316-7209 Federal ID 36-0717079 Vendor ID 1000009164 PC70159 Alumni Classroom Furniture Inc. 210 Regina Street North Waterloo, ON N2J 3B6 833-939-9300 Ext 509 Federal ID 98-0619213 Vendor ID 1100097011 PC70160 Amcase, Inc. 2214 Shore Street High Point, NC 27263 336-784-5992 Federal ID 56-1443271 Vendor ID 1000009507 PC70161 MBE AmTab Manufacturing Corporation 600 Eagle Drive Bensenville, IL 60106 630-301-7600 Federal ID 20-5211622 Vendor ID 1100081030 PC70162 Appalachian University Systems, Inc. D/B/A Smarter Furnishings 150 Commercial Ct. Alabaster, AL 35007 205-621-2502 Federal ID 63-1238956 Vendor ID 1100294055 1088 GROUP 20915 – Furniture, All Types AWARD 23295 PAGE 3 (except Hospital Room and Patient Handling) (Statewide) (continued) 2091523295ra8 PC70163 Arcadia Chair Company 5692 Fresca Drive La Palma, CA 90623 714-562-8200 Ext 276 Federal ID 95-2981958 Vendor ID 1000042327 PC70164 Arconas Corporation 5700 Keaton Crescent Mississauga, ON L5R 3H5 905-272-0727 Ext 305 Federal ID 98-1365220 Vendor ID 1100301246 PC70165 Artcobell Corporation 1302 Industrial Boulevard Temple, TX 76504 254-899-3610 Federal ID 74-2236641 Vendor ID 1000057867 PC70166 Artopex, Inc. 800 Vadnais Street Granby, QC J2J 1A7 800-378-0189 Ext 3097 Federal ID 98-0149704 Vendor ID 1000045263 PC70167 ASSA Group D/B/A Enwork 12900 Christopher Drive Lowell, MI 49331 616-600-3083 Federal ID 20-4467006 Vendor ID 1100081192 PC70168 Aurora Storage Products, Inc. 600 S. Lake Street Aurora, IL 60506 630-966-7504 Federal ID 27-3848171 Vendor ID 1100049311 PC70169 Bayview Industries, Inc. D/B/A SurfaceWorks 7821 S 10th St Oak Creek, WI 53154 414-570-2677 Federal ID 39-0874653 Vendor ID 1100210979 PC70170 BioFit Engineered Products, LP 15500 BioFit Way Bowling Green, OH 43402 814-342-7000 Federal ID 52-1819340 Vendor ID 1000040912 PC70171 Blockhouse Company, Inc. 3285 Farmtrail Rd York, PA 17406 717-764-5555 Federal ID 23-2105251 Vendor ID 1000008906 PC70172 BRC Business Enterprises Limited 24 Armstrong Ave Georgetown, ON L7G 4R9 416-316-7209 Federal ID 98-0572686 Vendor ID 1100295963 PC70174 Bush Industries, Inc. D/B/A eSolutions Furniture One Mason Drive Jamestown, NY 14702 716-665-2510 Ext 5772 Federal ID 16-0837346 Vendor ID 1100044518 PC70175 Case Systems, Inc. 2700 James Savage Rd Midland, MI 48642 989-496-9510 Federal ID 38-3139894 Vendor ID 1000009254 PC70176 CBT Supply Inc D/B/A Smartdesk 83 Jacobs Rd Rockaway, NJ 07866 800-770-7042 Ext 812 Federal ID 52-2285066 Vendor ID 1000032062 1089 GROUP 20915 – Furniture, All Types AWARD 23295 PAGE 4 (except Hospital Room and Patient Handling) (Statewide) (continued) 2091523295ra8 PC70177 Columbia Manufacturing, Inc. One Cycle Street Westfield, MA 01085 413-562-3664 Federal ID 84-3228219 Vendor ID 1100271728 PC70179 Community Products, LLC D/B/A Community Playthings PO Box 2 Ulster Park, NY 12487 800-777-4244 Federal ID 14-1803009 Vendor ID 1000014386 PC70180 Computer Comforts, Inc. 367 Columbia Memorial Parkway Kemah, TX 77565 281-535-2288 Federal ID 76-0463011 Vendor ID 1000009682 PC70181 Corilam Fabricating Company, Inc. PO Box 361 Kernersville, NC 27285 336-993-3511 Ext 26 Federal ID 56-1106892 Vendor ID 1100046330 PC70182 Custom Educational Furnishings, LLC D/B/A CEF 2696 NC Hwy 16S Taylorsville, NC 28681 828-664-007 Federal ID 46-5087197 Vendor ID 1100294228 PC70183 Daco Limited Partnership D/B/A Dauphin 100 Fulton Street Boonton, NJ 07005 973-833-1337 Federal ID 22-3258979 Vendor ID 1000008929 PC70184 DARRAN Furniture Industries, Inc. 2402 Shore Street High Point, NC 27263 336-861-2412 Federal ID 56-1171971 Vendor ID 1000009503 PC70185 Datum Filing Systems, Inc. D/B/A Datum Storage Solutions 89 Church Road Emigsville, PA 17318 717-764-6350 Federal ID 11-2156739 Vendor ID 1000005608 PC70186 DCI, Inc. 265 South Main Street Lisbon, NH 03585 603-838-6544 Ext 603 Federal ID 02-0353614 Vendor ID 1000010914 PC70187 Demco, Inc.* 4810 Forest Run Rd Madison, WI 53704 866-558-9068 Federal ID 39-1311089 Vendor ID 1000031618 PC70188 Ditto Sales, Inc. D/B/A Versteel 2332 Cathy Lane Jasper, IN 47546 812-481-7956 Federal ID 35-1176142 Vendor ID 1000009152 PC70189 Diversified Woodcrafts, Inc. 300 S Krueger Suring, WI 54174 716-488-2810 Ext 219 Federal ID 39-1909150 Vendor ID 1000041367 PC70190 DSI Industries Inc. D/B/A OFGO Studio 452 Millway Ave Concord, ON L4K 3V7 905-669-1357 Ext 329 Federal ID 12-7487262 Vendor ID 1100213971 1090 GROUP 20915 – Furniture, All Types AWARD 23295 PAGE 5 (except Hospital Room and Patient Handling) (Statewide) (continued) 2091523295ra8 PC70191 Ecologic Industries, LLC D/B/A Ecologic Furniture* 2341 Ernie Krueger Circle Waukegan, IL 60087 847-234-5855 Federal ID 26-2200106 Vendor ID 1100043025 PC70192 Egan Visual International D/B/A Egan Visual 300 Hanlan Rd Vaughan, ON L4L 3P6 800-263-2387 Federal ID 98-0066279 Vendor ID 1100033750 PC70193 SBE Eminence Group, Inc. D/B/A Colecraft Commercial Furnishings 1021 Allen Street Jamestown, NY 14701 716-488-2810 Ext 219 Federal ID 75-3065762 Vendor ID 1000009677 PC70194 Environamics, Inc. 13935 South Point Blvd Charlotte, NC 28273 704-376-3613 Federal ID 56-1278052 Vendor ID 1100025258 PC70195 Ergonom Corporation D/B/A ERG International 361 N Bernoulli Circle Oxnard, CA 93030 800-446-1186 Federal ID 95-3669370 Vendor ID 1000009824 PC70196 Fairway Holdings inc. D/B/A Berco Designs 111 Winnebago St St. Louis, MO 63118 888-772-4788 Federal ID 20-2516208 Vendor ID 1100092472 PC70197 SBE FE Hale Manufacturing Company 11206 Cosby Manor Rd Utica, NY 13502 315-894-5490 Federal ID 15-0330340 Vendor ID 1000007320 PC70198 Fellowes Inc. 1789 Norwood Ave. Itasca, IL 60143 812-639-8141 Federal ID 36-0770670 Vendor ID 1000031405 PC70199 Fleetwood Group, Inc. D/B/A Fleetwood Furniture 11832 James Street Holland, MI 49424 616-396-1142 Federal ID 38-1880634 Vendor ID 1100011628 PC70200 Fomcore, LLC 1770 East Keating Avenue Muskegon, MI 49442 231-366-4791 Federal ID 36-4848278 Vendor ID 1100280510 PC70202 SBE Furniture Pro Corp. 355 Spook Rock Rd, Suite I-503 Suffern, NY 10901 845-362-2061 Federal ID 22-4425487 Vendor ID 1100044884 PC70203 Global Industries, Inc. D/B/A Global Furniture Group 15 West Stow Road Marlton, NJ 08053 856-552-3784 Federal ID 52-0953534 Vendor ID 1000009419 1091 GROUP 20915 – Furniture, All Types AWARD 23295 PAGE 6 (except Hospital Room and Patient Handling) (Statewide) (continued) 2091523295ra8 PC70204 Groupe Lacasse LLC 222 Merchandise Mart Plaza, Suite 1000 Chicago, IL 60654-1103 888-522-2773 Federal ID 38-3504222 Vendor ID 1000009256 PC70205 Hancock & Moore, LLC D/B/A Cabot Wrenn* 401 11th Street N.W. Hickory, NC 28601 828-326-8236 Federal ID 46-2232330 Vendor ID 1100157766 PC70206 Haskell Office LLC D/B/A Haskell Education 273 Montgomery Avenue Bala Cynwyd, PA 19004 616-278-1010 Federal ID 45-0468701 Vendor ID 1100042574 PC70207 Haworth, Inc. One Haworth Center Holland, MI 49423 616-393-3000 Federal ID 38-6053093 Vendor ID 1000009261 PC70208 Hertz Furniture Systems, LLC 170 Williams Drive, Suite 201 Ramsey, NJ 07446 201-661-6347 Federal ID 22-3795977 Vendor ID 1000008875 PC70209 Hi5 Furniture, Inc. 4304 NW Mattox Rd Riverside, MO 64150 816-774-4050 Federal ID 80-0253153 Vendor ID 1100208356 PC70210 Highpoint Furniture Industries, Inc. 1104 Bedford Street High Point, NC 27263 800-447-3462 Ext 2223 Federal ID 56-0671724 Vendor ID 1000009499 PC70211 HLF Furniture Inc. 44001 Van Born Rd. Belleville, MI 48111 734-697-3000 Federal ID 38-2275260 Vendor ID 1100044770 PC70212 Human Active Technology 100 Kuebler Rd Easton, PA 18040 603-331-4051 Federal ID 80-0947636 Vendor ID 1100207865 PC70213 Humanscale Corporation 220 Circle Drive North Piscataway, NJ 08854 732-537-2944 Federal ID 11-2793425 Vendor ID 1000005781 PC70214 Indiana Furniture Industries, Inc. 1224 Mill Street, PO Box 270 Jasper, IN 47547-0270 812-482-5727 Ext 107 Federal ID 35-0408870 Vendor ID 1100064886 PC70215 Integra Inc. D/B/A Integra Seating 807 Wisconsin St Walworth, WI 53184 262-314-6905 Federal ID 39-1680798 Vendor ID 1000042465 PC70216 Interior Concepts Corp. 18525 Trimble Court Spring Lake, MI 49456 614-266-4030 Federal ID 38-3071703 Vendor ID 1100296387 1092 GROUP 20915 – Furniture, All Types AWARD 23295 PAGE 7 (except Hospital Room and Patient Handling) (Statewide) (continued) 2091523295ra8 PC70217 SBE Interior Resources USA 3920 Veterans Highway Bohemia, NY 11716 800-397-7776 Federal ID 82-3112367 Vendor ID 1100196993 PC70218 IOF Business Furniture Manufacturing, Inc. 1710 Bonhill Rd Mississauga, ON L5T 1C8 905-672-0942 Federal ID 93-2608338 Vendor ID 1100297182 PC70219 Jasper Seating Company, Inc. D/B/A JSI/Jasper Group 225 Clay St Jasper, IN 47546 800-457-4511 Ext 15417 Federal ID 35-0420370 Vendor ID 1000009147 PC70220 JMJS, Inc. D/B/A COE Distributing 1020 Franklin Drive Suite 5 Smock, PA 15480 814-342-7000 Federal ID 27-1572756 Vendor ID 1100151585 PC70221 John Savoy & Son Inc DBA Savoy Contract Furniture 300 Howard Street, PO Box 248 Montoursville, PA 17754 570-368-2424 Federal ID 24-0817525 Vendor ID 1000008973 PC70222 Jonti-Craft, Inc. 171 Hwy 68 Wabasso, MN 56293 507-342-6070 Federal ID 41-1363704 Vendor ID 1000019658 PC70223 Kaplan Early Learning Company 1310 Lewisville-Clemmons Rd. Lewisville, NC 27023 800-334-2014 Federal ID 56-0935286 Vendor ID 1000009500 PC70224 Keilhauer LTD 1450 Birchmount Road Toronto, ON M1P 2E3 877-701-4107 Federal ID 98-1064108 Vendor ID 1100117545 PC70225 KFI Furniture, LLC 1533 Bank St Louisville, KY 40203 502-585-4464 Federal ID 81-2819355 Vendor ID 1100183926 PC70226 Kimball Int'l Brands Inc. 1600 Royal Street Jasper, IN 47546 812-634-3013 Federal ID 35-1688210 Vendor ID 1000009156 PC70227 KNU D/B/A La-Z-Boy Contract Furniture 824 W. 23rd St Ferdinand, IN 47532 812-367-3007 Federal ID 20-2599789 Vendor ID 1100106929 PC70228 Krueger International, Inc. D/B/A KI 1330 Bellevue St Green Bay, WI 54302 800-454-9796 Ext 2394 Federal ID 39-1375589 Vendor ID 1000009272 1093 GROUP 20915 – Furniture, All Types AWARD 23295 PAGE 8 (except Hospital Room and Patient Handling) (Statewide) (continued) 2091523295ra8 PC70229 Krug, Inc. 421 Manitou Drive Kitchener, ON N2C 1L5 888-578-5784 Ext 243 Federal ID 98-0205609 Vendor ID 1000009838 PC70230 Lakeshore Learning Materials, LLC 2695 E. Dominguez Street Carson, CA 90895 800-421-5354 Federal ID 94-1525814 Vendor ID 1000009785 PC70231 Leeder Furniture, LLC PO Box 2274 Manitowoc, WI 54221-2274 847-201-2000 Federal ID 87-2425774 Vendor ID 1100267003 PC70232 Leland International, Inc. 5695 Eagle Dr SE Grand Rapids, MI 49512 616-975-9260 Ext 101 Federal ID 38-3136374 Vendor ID 1100034477 PC70233 Lesro Industries, Inc. 1 Griffin Road South Bloomfield, CT 06002 860-243-3226 Federal ID 06-0898258 Vendor ID 1100101268 PC70234 LIAT, LLC 694 N Main Street Troutman, NC 28166 704-508-7040 Federal ID 27-0375847 Vendor ID 1000044678 PC70235 Mediatechnologies, LLC D/B/A Mediatechnologies 892 Industrial Park Drive Shelby, MI 49455 231-861-2194 Federal ID 87-3322331 Vendor ID 1100270665 PC70236 Merge Office Interiors, Inc. 1732 Universal City Blvd, Suite 101 Universal City, TX 78148 210-988-1336 Federal ID 41-2113919 Vendor ID 1100229025 PC70237 Metalworks, Inc. D/B/A Great Openings 902 East 4th Street Ludington, MI 49431 231-845-3165 Federal ID 38-1898020 Vendor ID 1100152810 PC70238 Foliot Furniture Pacific, Inc. 7000 Placid Street Las Vegas, NV 89119 800-545-5575 Ext 333 Federal ID 42-1769776 Vendor ID 1100228940 PC70239 MiEN Company, Inc. 2547 3 Mile Rd Ste F Grand Rapids, MI 49534 814-342-7000 Federal ID 45-1451810 Vendor ID 1100209170 PC70240 MItylite, Inc. 1301 West 400 North Orem, UT 84057 800-362-5169 Federal ID 87-0652595 Vendor ID 1000009754 PC70241 MillerKnoll, Inc. 855 East Main Avenue Zeeland, MI 49464 617-347-6701 Federal ID 38-0837640 Vendor ID 1000009239 1094 GROUP 20915 – Furniture, All Types AWARD 23295 PAGE 9 (except Hospital Room and Patient Handling) (Statewide) (continued) 2091523295ra8 PC70242 Mobilier du Bureau D/B/A Logiflex 1235 ch St-Roch Nord Sherbrooke, QC J1N 0H2 877-864-9323 Ext 246 Federal ID 98-0196946 Vendor ID 1000005165 PC70243 Moduform Inc. 172 Industrial Rd. Fitchburg, MA 01420 978-345-7942 Federal ID 04-2592969 Vendor ID 1000005256 PC70244 MooreCo, Inc. 2885 Lorraine Avenue Temple, TX 76501 800-749-2258 Federal ID 26-1162929 Vendor ID 1100188138 PC70245 Neutral Posture, Inc. 3904 N. Texas Ave. Bryan, TX 77803 979-778-0502 Ext 1011 Federal ID 74-2983577 Vendor ID 1000009655 PC70246 New England Woodcraft, Inc. 481 North Street, PO Box 165 Forest Dale, VT 05745 802-247-8211 Federal ID 03-0265306 Vendor ID 1100010708 PC70247 Nickerson NY, LLC 11 Moffitt Boulevard Bay Shore, NY 11706 631-666-0200 Ext 230 Federal ID 06-0905538 Vendor ID 1000005344 PC70248 Nightingale Corp. 2301 Dixie Rd Mississauga, ON L4Y 1Z9 800-363-8954 Ext 303 Federal ID 98-0383583 Vendor ID 1000009839 PC70249 Norix Group, Inc. One Innovation Drive West Chicago, IL 60185 630-231-1331 Federal ID 36-3257149 Vendor ID 1000009196 PC70250 NOVA Solutions, Inc. 421 Industrial Ave Effingham, IL 62401 217-342-7070 Ext 242 Federal ID 37-1343933 Vendor ID 1000009228 PC70251 NPS Public Furniture Corp 149 Entin Road Clifton, NJ 07014 973-594-1100 Ext 154 Federal ID 45-1219535 Vendor ID 1100019951 PC70252 Office Master Inc 1110 South Mildred Avenue Ontario, CA 91761 909-392-5678 Federal ID 33-0151691 Vendor ID 1100037288 PC70253 OFS Brands, Inc. 1204 East Sixth Street Huntingburg, IN 47542 336-870-4050 Federal ID 30-0056548 Vendor ID 1000009065 PC70254 Palmer Hamilton LLC 143 S. Jackson Street Elkhorn, WI 53121 800-788-1028 Ext 919 Federal ID 20-1201862 Vendor ID 1100046040 PC70255 Palmieri Furniture LTD 1230 Reid Street Richmond Hill, ON L4B 1C4 800-413-4440 Ext 23 Federal ID 98-1171895 Vendor ID 1100014358 1095 GROUP 20915 – Furniture, All Types AWARD 23295 PAGE 10 (except Hospital Room and Patient Handling) (Statewide) (continued) 2091523295ra8 PC70256 Paragon Furniture, Inc. 2224 E Randol Mill Rd Arlington, TX 76011 814-342-7000 Federal ID 75-1986305 Vendor ID 1100270372 PC70257 Pineapple Contracts, Inc. 7105 19 Mile Rd Sterling, MI 48314 800-496-9324 Federal ID 82-2846564 Vendor ID 1100210769 PC70258 PS Furniture, Inc. 1339 West Mequon Rd, Suite 215 Mequon, WI 53092 262-302-4687 Federal ID 25-1590625 Vendor ID 1000042271 PC70259 Rapp Productions Inc. D/B/A FurnitureLab 103 W Weaver St Carrboro, NC 27510 919-913-0270 Federal ID 56-1806405 Vendor ID 1100043404 PC70260 SBE Raynor Marketing Limited 525 Hempstead Turnpike West Hempstead, NY 11552 516-267-7214 Federal ID 11-2510441 Vendor ID 1100043335 PC70261 R.T. London Company 1642 Broadway Ave NW Grand Rapids, MI 49504 616-551-4624 Federal ID 38-3870949 Vendor ID 1100040958 PC70262 Sandler Seating, Inc. 1201 Peachtree NE, Ste 1625 Atlanta, GA 30361 404-982-9000 Federal ID 58-2407352 Vendor ID 1100210016 PC70263 Sauder Manufacturing Co. D/B/A Wieland, Sauder Education, Butler Human Services 930 West Barre Rd Archbold, OH 43502 888-943-5263 Ext 1228 Federal ID 34-4407705 Vendor ID 1000009140 PC70264 Scholar Craft Products, Inc. PO Box 170748 1 Scholar Craft Parkway Birmingham, AL 35217 205-243-9532 Federal ID 63-0835284 Vendor ID 1000009610 PC70265 School Outfitters, LLC 3736 Regent Ave Cincinnati, OH 45212 800-260-2776 Federal ID 61-1341943 Vendor ID 1000018398 PC70266 School Specialty, LLC PO Box 1579 Appleton, WI 54912 888-388-3224 Federal ID 85-2162684 Vendor ID 1100257675 PC70267 WBE SBE Seating, Inc. 60 N. State Street Nunda, NY 14517 814-342-7000 Federal ID 16-1344044 Vendor ID 1000008061 PC70268 Sedia Systems Inc 1820 W Hubbard St, Suite 225 Chicago, IL 60622 312-212-8010 Federal ID 20-2278815 Vendor ID 1000052711 1096 GROUP 20915 – Furniture, All Types AWARD 23295 PAGE 11 (except Hospital Room and Patient Handling) (Statewide) (continued) 2091523295ra8 PC70269 Senator International, Inc. D/B/A Allermuir 4111 N. Jerome Road Maumee, OH 43537 419-887-5806 Federal ID 20-8744510 Vendor ID 1100016625 PC70270 Series USA LLC 2090 NE 30th Ave Suite 901 Miami, FL 33180 305-932-4626 Federal ID 26-2727588 Vendor ID 1100297165 PC70271 SICO America, Inc. 7525 Cahill Road Minneapolis, MN 55439 952-941-1700 Federal ID 41-1763365 Vendor ID 1100004186 PC70272 Exemplis, LLC* 6415 Katella Avenue Cypress, CA 90630 714-995-4800 Federal ID 33-0697684 Vendor ID 1000009099 PC70273 Smith System Manufacturing Company, Inc. 1150 Luna Rd Carrollton, TX 75006 972-398-4067 Federal ID 41-1424908 Vendor ID 1100027322 PC70274 Source International Corp. 400 Norris Glen Rd Toronto, ON M9C 1H5 416-253-2526 Federal ID 04-2752053 Vendor ID 1000005264 PC70275 Spacefile International Corp 18 Huddersfield Road Toronto, ON M9W 5Z6 416-523-1780 Federal ID 98-1309404 Vendor ID 1100297658 PC70276 Spacesaver Storage Systems, Inc. 1450 Janesville Avenue Fort Atkinson, WI 53538 920-563-0592 Federal ID 39-1383557 Vendor ID 1100004184 PC70277 Spec Furniture, Inc. 165 City View Drive Toronto, ON M9W 5B1 416-246-5543 Federal ID 98-0171352 Vendor ID 1000049183 PC70278 Special-T, LLC 11820 Wills Road, Suite 140 Alpharetta, GA 30009 678-879-0777 Ext 2237 Federal ID 81-2612288 Vendor ID 1100208175 PC70279 Spectrum Industries, Inc. 1500 W River Street, PO Box 400 Chippewa Falls, WI 54729 407-242-6256 Federal ID 39-1094074 Vendor ID 1000009267 PC70280 Stance Healthcare, Inc. 45 Goodrich Drive Kitchener, ON N2C 0B8 519-896-2400 Ext 222 Federal ID 98-1053988 Vendor ID 1100218541 PC70281 Steelcase, Inc. 901 44th Street SE Grand Rapids, MI 49508 917-709-0732 Federal ID 38-0819050 Vendor ID 1000009238 1097 GROUP 20915 – Furniture, All Types AWARD 23295 PAGE 12 (except Hospital Room and Patient Handling) (Statewide) (continued) 2091523295ra8 PC70282 Stylex, Inc. PO Box 5038 Delanco, NJ 08075 800-257-5742 Federal ID 21-0632589 Vendor ID 1000008694 PC70283 Swiftspace, Inc. 825 Trillium Dr Kitchener, ON N2R 1J9 519-573-5673 Federal ID 98-1118042 Vendor ID 1100174093 PC70284 Tayco Office Furnishings, Inc. 400 Norris Glen Rd Toronto, ON M9C 1H5 416-253-2526 Federal ID 98-1700651 Vendor ID 1100295624 PC70285 Teknion, LLC 302 Fellowship Road, Suite 110 Mt. Laurel, NJ 08054 856-552-5503 Federal ID 22-3785040 Vendor ID 1000008872 PC70286 The HON Company, LLC 600 East 2nd Street Muscatine, IA 52761 563-299-2949 Federal ID 42-1491474 Vendor ID 1100302820 PC70287 Three-H Furniture Systems Limited 156462 Clover Valley Rd New Liskeard, ON P0J 1P0 705-941-0936 Federal ID 98-0427445 Vendor ID 1100209127 PC70288 TMC Furniture, Inc. 119 E. Ann Street Ann Arbor, MI 48104 734-622-0080 Federal ID 38-3430617 Vendor ID 1100067261 PC70289 Toledo Furniture, Inc. PO Box 18360 Stroudsburg, PA 18360 570-269-7135 Federal ID 22-3833777 Vendor ID 1100101398 PC70290 Transformations by Wieland Inc 310 Racquet Drive Fort Wayne, IN 46825 260-267-9578 Federal ID 35-2014386 Vendor ID 1000053000 PC70291 MBE Trinity Furniture, Inc. 6089 Kennedy Road Trinity, NC 27370 336-472-6660 Federal ID 56-1414163 Vendor ID 1100045809 PC70292 SBE Tristate Apartment Furnishers, LLC 431 Timpson Place Bronx, NY 10455 718-665-3700 Federal ID 13-4018400 Vendor ID 1100109431 PC70293 Via, Inc. 205 Vista Blvd Sparks, NV 89434 812-686-8427 Federal ID 88-0226421 Vendor ID 1000009755 PC70294 VS America, Inc. 1940 Abbott Street Charlotte, NC 28203 803-371-2860 Federal ID 51-0469322 Vendor ID 1100042617 PC70295 WB Manufacturing, LLC 507 E Grant St Thorp, WI 54771 800-242-2303 Federal ID 81-4729294 Vendor ID 1100213951 1098 GROUP 20915 – Furniture, All Types AWARD 23295 PAGE 13 (except Hospital Room and Patient Handling) (Statewide) (continued) 2091523295ra8 PC70296 WB Mason Company Inc. 29 Mill St. Albany, NY 12204 888-926-2766 Ext 8174 Federal ID 04-2455641 Vendor ID 1000011030 PC70297 Wenger Corporation 555 Park Drive Owatonna, MN 55060-0448 800-493-6437 Ext 8550 Federal ID 41-0759858 Vendor ID 1100003595 PC70298 Workrite Ergonomics Canada, Inc. 950 Warden Avenue Toronto, ON M1L 4E3 571-565-5077 Federal ID 98-1318097 Vendor ID 1100176285 *9 to 5 Seating, LLC is a disregarded entity of Flokk, LLC (Parent/Owner). Flokk, LLC’s Employer Identification Number is 84-3698834. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. 9 to 5 Seating, LLC is the entity who holds Contract PC70151, is fully responsible for the performance of duties under Contract PC70151. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. *Allsteel, LLC is a disregarded entity of HNI Workplace Furnishings, LLC (Parent/Owner). HNI Workplace Furnishings, LLC’s Employer Identification Number is 36-0717079. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Allsteel, LLC is the entity who holds Contract PC70158, is fully responsible for the performance of duties under Contract PC70158. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. *Demco, Inc. is a disregarded entity of Wall Family Enterprise, Inc. (Parent/Owner). Wall Family Enterprise, Inc.’s Employer Identification Number is 20-8230779. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Demco, Inc. is the entity who holds Contract PC70187, is fully responsible for the performance of duties under Contract PC70187. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. *Ecologic Industries, LLC D/B/A Ecologic Furniture is a disregarded entity of Ecologic Industries DE, LLC. (Parent/Owner). Ecologic Industries DE, LLC’s Employer Identification Number is 27-3650418. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Ecologic Industries, LLC D/B/A Ecologic Furniture is the entity who holds Contract PC70191, is fully responsible for the performance of duties under Contract PC70191. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. *Hancock & Moore, LLC D/B/A Cabot Wrenn is a disregarded entity of RHF Investments, Inc. (Parent/Owner). RHF Investments, Inc.’s Employer Identification Number is 46-2232330. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Hancock & Moore, LLC D/B/A Cabot Wrenn is the entity who holds Contract PC70205, is fully responsible for the performance of duties under Contract PC70205. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. *Exemplis, LLC is a disregarded entity of Seating Intermediate Holdings, LLC (Parent/Owner). Seating Intermediate Holdings, LLC’s Employer Identification Number is 47-3083740. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Exemplis, LLC is the entity who holds Contract PC70272, is fully responsible for the performance of duties under Contract PC70272. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. 1099 GROUP 20915 – Furniture, All Types AWARD 23295 PAGE 14 (except Hospital Room and Patient Handling) (Statewide) (continued) 2091523295ra8 *The HON Company, LLC is a disregarded entity of HNI Workplace Furnishings, LLC (Parent/Owner). HNI Workplace Furnishings, LLC’s Employer Identification Number is 92-0336532. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. The HON Company, LLC is the entity who holds Contract PC70286, is fully responsible for the performance of duties under Contract PC70286. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. Cash Discount, If Shown, Should be Given Special Attention. AGENCIES SHOULD NOTIFY NEW YORK STATE PROCUREMENT SERVICES PROMPTLY IF THE CONTRACTOR FAILS TO MEET DELIVERY OR OTHER TERMS OF THIS CONTRACT. PRODUCTS OR SERVICES WHICH DO NOT COMPLY WITH THE SPECIFICATIONS OR ARE OTHERWISE UNSATISFACTORY TO THE AGENCY SHOULD ALSO BE REPORTED TO PROCUREMENT SERVICES. SMALL, MINORITY AND WOMEN-OWNED BUSINESSES: The letters SB listed under the Contract Number indicate the contractor is a NYS small business. Additionally, the letters MBE and WBE indicate the contractor is a Minority-owned Business Enterprise and/or Woman-owned Business Enterprise. RECYCLED, REMANUFACTURED AND ENERGY EFFICIENT PRODUCTS: Procurement Services supports and encourages the purchase of recycled, remanufactured, energy efficient and "energy star" products. If one of the following codes appears as a suffix in the Award Number or is noted under the individual Contract Number(s) in this Contract Award Notification, please look at the individual awarded items for more information on products meeting the suffix description. RS, RP, RA Recycled RM Remanufactured SW Solid Waste Impact EE Energy Efficient E* EPA Energy Star ES Environmentally Sensitive NOTE TO AUTHORIZED USERS: When placing purchase orders under the contract(s), the authorized user should be familiar with and follow the terms and conditions governing its use which usually appears at the end of this document. The authorized user is accountable and responsible for compliance with the requirements of public procurement processes. The authorized user must periodically sample the results of its procurements to determine its compliance. In sampling its procurements, an authorized user should test for reasonableness of results to ensure that such results can withstand public scrutiny. The authorized user, when purchasing from OGS contracts, should hold the contractor accountable for contract compliance and meeting the contract terms, conditions, specifications, and other requirements. Also, in recognition of market fluctuations over time, authorized users are encouraged to seek improved pricing whenever possible. Authorized users have the responsibility to document purchases, particularly when using OGS multiple award contracts for the same or similar product(s)/service(s), which should include: • a statement of need and associated requirements, • a summary of the contract alternatives considered for the purchase, • the reason(s) supporting the resulting purchase (e.g., show the basis for the selection among multiple contracts at the time of purchase was the most practical and economical alternative and was in the best interests of the State). PRICE: Price shall include all customs duties and charges and be net, F.O.B. destination any point in New York State. Price Lists containing Not-To-Exceed prices can be found on the OGS Website at: https://online.ogs.ny.gov/purchase/spg/pdfdocs/2091523295ContractorInfo.pdf 1100 GROUP 20915 – Furniture, All Types AWARD 23295 PAGE 15 (except Hospital Room and Patient Handling) (Statewide) (continued) 2091523295ra8 INVOICES MUST BE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT. (See "Contract Payments" and "Electronic Payments" in this document.) 1101 GROUP 20915 – Furniture, All Types AWARD 23295 PAGE 16 (except Hospital Room and Patient Handling) (Statewide) (continued) 2091523295ra8 State of New York Office of General Services Procurement Services Contract Performance Report Please take a moment to let us know how this contract award has measured up to your expectations. If reporting on more than one Contractor or product, please make copies as needed. This office will use the information to improve our contract award, where appropriate. Comments should include those of the product’s end user. Contract No.: PC Contractor. Describe Product* Provided (Include Item No., if available): *Note: “Product” is defined as a deliverable under any Bid or Contract, which may include commodities (including printing), services and/or technology. The term “Product” includes Licensed Software. Excellent Good Acceptable Unacceptable • Product meets your needs • Product meets contract specifications • Pricing CONTRACTOR Excellent Good Acceptable Unacceptable • Timeliness of delivery • Completeness of order (fill rate) • Responsiveness to inquiries • Employee courtesy • Problem resolution Comments: (over) Agency: Prepared by: Address: Title: Date: Phone: E-mail: Please detach or photocopy this form & returned to: OGS Procurement Services Customer Services, 38th Floor Corning 2nd Tower - Empire State Plaza Albany, New York 12242 customer.service@ogs.ny.gov * * * * * 1102 1 Pimienta, Pablo From:Certificate of Insurance Sent:Monday, October 21, 2024 11:08 AM To:Pimienta, Pablo Subject:RE: : J.C. White - COI & State Letter - C.H.- 4th floor Offices - Furniture P.O. # 240002 Hello, This COI is accepted. From: Pimienta, Pablo <PimientaP@bbfl.us> Sent: Monday, October 21, 2024 11:02 AM To: Certificate of Insurance <COI@bbfl.us> Subject: : J.C. White - COI & State Letter - C.H.- 4th floor Offices - Furniture P.O. # 240002 Good morning, See copy of the COI for the subject vendor, for review and approval. Thank you Pablo Pimienta Accounting Technician I Public Works - Administration Mailing Address: P.O. Box 310 | Boynton Beach , Florida 33425 Physical Address: 100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-742-6594 PimientaP@bbfl.us | boynton-beach.org/ 1103 2 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 law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Slocombe, Anderson <SlocombeA@bbfl.us> Sent: Monday, October 21, 2024 10:35 AM To: Pimienta, Pablo <PimientaP@bbfl.us> Cc: Shelmadine, Roberta <ShelmadineR@bbfl.us> Subject: J.C. White - COI & State Letter - C.H.- 4th floor Offices - Furniture P.O. # 240002 Pablo, Please find attached copies of Certificate of Insurance (COI) and State Contract Letter for J.C White as requested (P.O. #240002) Thanks! Anderson Slocombe Temporary Employee Public Works, Engineering Mailing Address: P.O. Box 310 | Boynton Beach , Florida 33425 Physical Address: 100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-742-6985 SlocombeA@bbfl.us | boynton-beach.org/ Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure 1104 1105 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 1 of 28 PC70151 9 to 5 Seating, LLC* 3211 Jack Northrop Avenue Hawthorne, CA 90250 Federal ID: 84-3720624 NYS Vendor ID: 1100263571 Contractor Information Pricing Information Authorized Reseller Listing PC70152 SBE A2S, Inc. 62 Enter Lane Islandia, NY 11749 Federal ID: 30-1012200 NYS Vendor ID: 1100211002 Contractor Information Pricing Information Authorized Reseller Listing PC70153 WBE SBE A.F.C. Industries, Inc. 13-16 133rd Place College Point, NY 11356 Federal ID: 11-3225387 NYS Vendor ID: 1100003175 Contractor Information Pricing Information Authorized Reseller Listing PC70154 Affordable Interior Systems, Inc. 25 Tucker Drive Leominster, MA 01453 Federal ID: 04-3489948 NYS Vendor ID: 100059011 Contractor Information Pricing Information Authorized Reseller Listing PC70155 Agati, Inc. 451 N. Claremont Avenue Chicago, IL 60612 Federal ID: 36-3529331 NYS Vendor ID: 1000009198 Contractor Information Pricing Information Authorized Reseller Listing PC70156 Allied Plastics, Inc. 2001 Walnut Street Jacksonville, FL 32206 Federal ID: 59-1270942 NYS Vendor ID: 1100294466 Contractor Information Pricing Information Authorized Reseller Listing 1106 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 2 of 28 PC70157 Allseating Corporation 5800 Avebury Rd, Unit 3 Mississauga, ON L5R 3M3 Federal ID: 98-0110664 NYS Vendor ID: 1000009836 Contractor Information Pricing Information Authorized Reseller Listing PC70158 Allsteel LLC* 600 East 2nd Street Muscatine, IA 52761-5257 Federal ID: 92-0336532 NYS Vendor ID: 1100303822 Contractor Information Pricing Information Authorized Reseller Listing PC70159 Alumni Classroom Furniture Inc. 210 Regina Street North Waterloo, ON N2J 3B6 Federal ID: 98-0619213 NYS Vendor ID: 1100294466 Contractor Information Pricing Information Authorized Reseller Listing PC70160 Amcase, Inc. 2214 Shore Street High Point, NC 27263 Federal ID: 56-1443271 NYS Vendor ID: 1000009507 Contractor Information Pricing Information Authorized Reseller Listing PC70161 MBE AmTab Manufacturing Corporation 600 Eagle Drive Bensenville, IL 60106 Federal ID: 20-5211622 NYS Vendor ID: 1100081030 Contractor Information Pricing Information Authorized Reseller Listing PC70162 Appalachian University Systems, Inc. D/B/A Smarter Furnishings 150 Commercial Ct. Alabaster, AL 35007 Federal ID: 63-1238956 NYS Vendor ID: 1100294055 Contractor Information Pricing Information Authorized Reseller Listing 1107 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 3 of 28 PC70163 Arcadia Chair Company 5692 Fresca Drive La Palma, CA 90623 Federal ID: 95-2981958 NYS Vendor ID: 1000042327 Contractor Information Pricing Information Authorized Reseller Listing PC70164 Arconas Corporation 5700 Keaton Crescent Mississauga, ON L5R 3H5 Federal ID: 98-1365220 NYS Vendor ID: 1100301246 Contractor Information Pricing Information Authorized Reseller Listing PC70165 Artcobell Corporation 1302 Industrial Boulevard Temple, TX 76504 Federal ID: 74-2236641 NYS Vendor ID: 1000057867 Contractor Information Pricing Information Authorized Reseller Listing PC70166 Artopex, Inc. 800 Vadnais Street Granby, QC J2J 1A7 Federal ID: 98-0149704 NYS Vendor ID: 1000045263 Contractor Information Pricing Information Authorized Reseller Listing PC70167 ASSA Group D/B/A Enwork 12900 Christopher Drive Lowell, MI 49331 Federal ID: 20-4467006 NYS Vendor ID: 1100081192 Contractor Information Pricing Information Authorized Reseller Listing PC70168 Aurora Storage Products, Inc. 600 S. Lake Street Aurora, IL 60506 Federal ID: 27-3848171 NYS Vendor ID: 1100049311 Contractor Information Pricing Information Authorized Reseller Listing 1108 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 4 of 28 PC70169 Bayview Industries, Inc. D/B/A SurfaceWorks 7821 S 10th St Oak Creek, WI 53154 Federal ID: 39-0874653 NYS Vendor ID: 1100210979 Contractor Information Pricing Information Authorized Reseller Listing PC70170 BioFit Engineered Products, LP 15500 BioFit Way Bowling Green, OH 43402 Federal ID: 52-1819340 NYS Vendor ID: 1000040912 Contractor Information Pricing Information Authorized Reseller Listing PC70171 Blockhouse Company, Inc. 3285 Farmtrail Rd York, PA 17406 Federal ID: 23-2105251 NYS Vendor ID: 1000008906 Contractor Information Pricing Information Authorized Reseller Listing PC70172 BRC Business Enterprises Limited 24 Armstrong Ave Georgetown, ON L7G 4R9 Federal ID: 98-0572686 NYS Vendor ID: 1100295963 Contractor Information Pricing Information Authorized Reseller Listing PC70174 Bush Industries, Inc. D/B/A eSolutions Furniture One Mason Drive Jamestown, NY 14702 Federal ID: 16-0837346 NYS Vendor ID: 1100044518 Contractor Information Pricing Information Authorized Reseller Listing 1109 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 5 of 28 PC70175 Case Systems, Inc. 2700 James Savage Rd Midland, MI 48642 Federal ID: 38-3139894 NYS Vendor ID: 1000009254 Contractor Information Pricing Information Authorized Reseller Listing PC70176 CBT Supply Inc D/B/A Smartdesk 83 Jacobs Rd Rockaway, NJ 07866 Federal ID: 52-2285066 NYS Vendor ID: 1000032062 Contractor Information Pricing Information Authorized Reseller Listing PC70177 Columbia Manufacturing, Inc. One Cycle Street Westfield, MA 01085 Federal ID: 84-3228219 NYS Vendor ID: 1100271728 Contractor Information Pricing Information Authorized Reseller Listing PC70179 Community Products, LLC D/B/A Community Playthings PO Box 2 Ulster Park, NY 12487 Federal ID: 14-1803009 NYS Vendor ID: 1000014386 Contractor Information Pricing Information Authorized Reseller Listing PC70180 Computer Comforts, Inc. 367 Columbia Memorial Parkway Kemah, TX 77565 Federal ID: 76-0463011 NYS Vendor ID: 1000009682 Contractor Information Pricing Information Authorized Reseller Listing 1110 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 6 of 28 PC70181 Corilam Fabricating Company, Inc. PO Box 361 Kernersville, NC 27285 Federal ID: 56-1106892 NYS Vendor ID: 1100046330 Contractor Information Pricing Information Authorized Reseller Listing PC70182 Custom Educational Furnishings, LLC D/B/A CEF 2696 NC Hwy. 16S Taylorsville, NC 28681 Federal ID: 46-5087197 NYS Vendor ID: 1100294228 Contractor Information Pricing Information Authorized Reseller Listing PC70183 Daco Limited Partnership D/B/A Dauphin 100 Fulton Street Boonton, NJ 07005 Federal ID: 22-3258979 NYS Vendor ID: 1000008929 Contractor Information Pricing Information Authorized Reseller Listing PC70184 DARRAN Furniture Industries, Inc. 2402 Shore Street High Point, NC 27263 Federal ID: 56-1171971 NYS Vendor ID: 1000009503 Contractor Information Pricing Information Authorized Reseller Listing PC70185 Datum Filing Systems, Inc. D/B/A Datum Storage Solutions 89 Church Road Emigsville, PA 17318 Federal ID: 11-2156739 NYS Vendor ID: 1000005608 Contractor Information Pricing Information Authorized Reseller Listing 1111 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 7 of 28 PC70186 DCI, Inc. 265 South Main Street Lisbon, NH 03585 Federal ID: 02-0353614 NYS Vendor ID: 1000010914 Contractor Information Pricing Information Authorized Reseller Listing PC70187 Demco, Inc.* 4810 Forest Run Rd Madison, WI 53704 Federal ID: 20-8230779 NYS Vendor ID: 1000031618 Contractor Information Pricing Information Authorized Reseller Listing PC70188 Ditto Sales, Inc. D/B/A Versteel 2332 Cathy Lane Jasper, IN 47546 Federal ID: 35-1176142 NYS Vendor ID: 1000009152 Contractor Information Pricing Information Authorized Reseller Listing PC70189 Diversified Woodcrafts, Inc. 300 S Krueger Suring, WI 54174 Federal ID: 39-1909150 NYS Vendor ID: 1000041367 Contractor Information Pricing Information Authorized Reseller Listing PC70190 DSI Industries Inc. D/B/A OFGO Studio 452 Millway Ave Concord, ON L4K 3V7 Federal ID: 12-7487262 NYS Vendor ID: 1100213971 Contractor Information Pricing Information Authorized Reseller Listing 1112 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 8 of 28 PC70191 Ecologic Industries, LLC D/B/A Ecologic Furniture* 2341 Ernie Krueger Circle Waukegan, IL 60087 Federal ID: 26-2200106 NYS Vendor ID: 1100043025 Contractor Information Pricing Information Authorized Reseller Listing PC70192 Egan Visual International D/B/A Egan Visual 300 Hanlan Rd Vaughan, ON L4L 3P6 Federal ID: 98-0066279 NYS Vendor ID: 1100033750 Contractor Information Pricing Information Authorized Reseller Listing PC70193 SBE Eminence Group, Inc. D/B/A Colecraft Commercial Furnishings 1021 Allen Street Jamestown, NY 14701 Federal ID: 75-3065762 NYS Vendor ID: 1000009677 Contractor Information Pricing Information Authorized Reseller Listing PC70194 Environamics, Inc. 13935 South Point Blvd Charlotte, NC 28273 Federal ID: 56-1278052 NYS Vendor ID: 1100025258 Contractor Information Pricing Information Authorized Reseller Listing PC70195 Ergonom Corporations D/B/A ERG International 361 N Bernoulli Circle Oxnard, CA 93030 Federal ID: 95-3669370 NYS Vendor ID: 1000009824 Contractor Information Pricing Information Authorized Reseller Listing 1113 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 9 of 28 PC70272 Exemplis, LLC* 6415 Katella Avenue Cypress, CA 90630 Federal ID: 33-0697684 NYS Vendor ID: 1000009099 Contractor Information Pricing Information Authorized Reseller Listing PC70196 Fairway Holdings inc. D/B/A Berco Designs 111 Winnebago St St. Louis, MO 63118 Federal ID: 20-2516208 NYS Vendor ID: 1100092472 Contractor Information Pricing Information Authorized Reseller Listing PC70197 SBE FE Hale Manufacturing Company 11206 Cosby Manor Rd Utica, NY 13502 Federal ID: 15-0330340 NYS Vendor ID: 1000007320 Contractor Information Pricing Information Authorized Reseller Listing PC70198 Fellowes Inc. 1789 Norwood Ave. Itasca, IL 60143 Federal ID: 36-0770670 NYS Vendor ID: 1000031405 Contractor Information Pricing Information Authorized Reseller Listing PC70199 Fleetwood Group Inc. D/B/A Fleetwood Furniture 11832 James Street Holland, MI 49424 Federal ID: 38-1880634 NYS Vendor ID: 1100011628 Contractor Information Pricing Information Authorized Reseller Listing 1114 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 10 of 28 PC70238 Foliot Furniture Pacific, Inc. 7000 Placid Street Las Vegas, NV 89119 Federal ID: 42-1769776 NYS Vendor ID: 1100228940 Contractor Information Pricing Information Authorized Reseller Listing PC70200 Fomcore, LLC 1770 East Keating Avenue Muskegon, MI 49442 Federal ID: 36-4848278 NYS Vendor ID: 1100280510 Contractor Information Pricing Information Authorized Reseller Listing PC70202 SBE Furniture Pro Corp. 971 Route 45, Suite 214 Pomona, NY 10970 Federal ID: 22-4425487 NYS Vendor ID: 1100044884 Contractor Information Pricing Information Authorized Reseller Listing PC70203 Global Industries Inc. D/B/A Global Furniture Group 17 West Stow Road Marlton, NJ 08053 Federal ID: 52-0953534 NYS Vendor ID: 1000009419 Contractor Information Pricing Information Authorized Reseller Listing PC70204 Groupe Lacasse LLC 222 Merchandise Mart Plaza, Suite 1000 Chicago, IL 60654-1103 Federal ID: 38-3504222 NYS Vendor ID: 1000009256 Contractor Information Pricing Information Authorized Reseller Listing 1115 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 11 of 28 PC70205 Hancock & Moore, LLC D/B/A Cabot Wrenn* 401 11th Street N.W. Hickory, NC 28601 Federal ID: 46-2232330 NYS Vendor ID: 1100157766 Contractor Information Pricing Information Authorized Reseller Listing PC70206 Haskell Office LLC D/B/A Haskell Education 273 Montgomery Avenue Bala Cynwyd, PA 19004 Federal ID: 45-0468701 NYS Vendor ID: 1100042574 Contractor Information Pricing Information Authorized Reseller Listing PC70207 Haworth, Inc. One Haworth Center Holland, MI 49423 Federal ID: 38-6053093 NYS Vendor ID: 1000009261 Contractor Information Pricing Information Authorized Reseller Listing PC70208 Hertz Furniture Systems LLC 170 Williams Drive, Suite 201 Ramsey, NJ 07446 Federal ID: 22-3795977 NYS Vendor ID: 1000008875 Contractor Information Pricing Information Authorized Reseller Listing PC70209 Hi5 Furniture, Inc. 4304 NW Mattox Rd Riverside, MO 64150 Federal ID: 80-0253153 NYS Vendor ID: 1100208356 Contractor Information Pricing Information Authorized Reseller Listing 1116 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 12 of 28 PC70210 Highpoint Furniture Industries, Inc. 1104 Bedford Street High Point, NC 27263 Federal ID: 56-0671724 NYS Vendor ID: 1000009499 Contractor Information Pricing Information Authorized Reseller Listing PC70211 HLF Furniture Inc. 44001 Van Born Rd. Belleville, MI 48111 Federal ID: 38-2275260 NYS Vendor ID: 1100044770 Contractor Information Pricing Information Authorized Reseller Listing PC70212 Human Active Technology 100 Kuebler Rd Easton, PA 18040 Federal ID: 80-0947636 NYS Vendor ID: 1100207865 Contractor Information Pricing Information Authorized Reseller Listing PC70213 Humanscale Corporation 220 Circle Drive North Piscataway, NJ 08854 Federal ID: 11-2793425 NYS Vendor ID: 1000005781 Contractor Information Pricing Information Authorized Reseller Listing PC70214 Indiana Furniture Industries, Inc. 1224 Mill Street, PO Box 270 Jasper, IN 47547-0270 Federal ID: 35-0408870 NYS Vendor ID: 1100064886 Contractor Information Pricing Information Authorized Reseller Listing PC70215 Integra Inc. D/B/A Integra Seating 807 Wisconsin St Walworth, WI 53184 Federal ID: 39-1680798 NYS Vendor ID: 1000042465 Contractor Information Pricing Information Authorized Reseller Listing 1117 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 13 of 28 PC70216 Interior Concepts Corp. 18525 Trimble Court Spring Lake, MI 49456 Federal ID: 38-3071703 NYS Vendor ID: 1100296387 Contractor Information Pricing Information Authorized Reseller Listing PC70218 IOF Business Furniture Manufacturing, Inc. 1710 Bonhill Rd Mississauga, ON L5T 1C8 Federal ID: 93-2608338 NYS Vendor ID: 1100297182 Contractor Information Pricing Information Authorized Reseller Listing PC70219 Jasper Seating Company, Inc. D/B/A JSI/Jasper Group 225 Clay St Jasper, IN 47546 Federal ID: 35-0420370 NYS Vendor ID: 1000009147 Contractor Information Pricing Information Authorized Reseller Listing PC70220 JMJS, Inc. D/B/A COE Distributing 1020 Franklin Drive Suite 5 Smock, PA 15480 Federal ID: 27-1572756 NYS Vendor ID: 1100151585 Contractor Information Pricing Information Authorized Reseller Listing PC70221 John Savoy & Son Inc DBA Savoy Contract Furniture 300 Howard Street, PO Box 248 Montoursville, PA 17754 Federal ID: 24-0817525 NYS Vendor ID: 1000008973 Contractor Information Pricing Information Authorized Reseller Listing 1118 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 14 of 28 PC70222 Jonti-Craft, Inc. 171 Hwy 68 Wabasso, MN 56293 Federal ID: 41-1363704 NYS Vendor ID: 1000019658 Contractor Information Pricing Information Authorized Reseller Listing PC70223 Kaplan Early Learning Company 1310 Lewisville-Clemmons Rd. Lewisville, NC 27023 Federal ID: 56-0935286 NYS Vendor ID: 1000009500 Contractor Information Pricing Information Authorized Reseller Listing PC70224 Keilhauer LTD 1450 Birchmount Road Toronto, ON M1P 2E3 Federal ID: 98-1064108 NYS Vendor ID: 1100117545 Contractor Information Pricing Information Authorized Reseller Listing PC70225 KFI Furniture, LLC 1533 Bank St Louisville, KY 40203 Federal ID: 81-2819355 NYS Vendor ID: 1100183926 Contractor Information Pricing Information Authorized Reseller Listing PC70226 Kimball Int'l Brands Inc. 1600 Royal Street Jasper, IN 47546 Federal ID: 35-1688210 NYS Vendor ID: 1000009156 Contractor Information Pricing Information Authorized Reseller Listing 1119 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 15 of 28 PC70227 KNU D/B/A La-Z-Boy Contract Furniture 824 W. 23rd St Ferdinand, IN 47532 Federal ID: 20-2599789 NYS Vendor ID: 1100106929 Contractor Information Pricing Information Authorized Reseller Listing PC70228 Krueger International, Inc. 1330 Bellevue St Green Bay, WI 54302 Federal ID: 39-1375589 NYS Vendor ID: 1000009272 Contractor Information Pricing Information Authorized Reseller Listing PC70229 Krug, Inc. 421 Manitou Drive Kitchener, ON N2C 1L5 Federal ID: 98-0205609 NYS Vendor ID: 1000009838 Contractor Information Pricing Information Authorized Reseller Listing PC70230 Lakeshore Learning Materials, LLC* 2695 E. Dominguez Street Carson, CA 90895 Federal ID: 87-2802658 NYS Vendor ID: 1000009785 Contractor Information Pricing Information Authorized Reseller Listing PC70231 Leeder Furniture, LLC PO Box 2274 Manitowoc, WI 54221-2274 Federal ID: 87-2425774 NYS Vendor ID: 1100267003 Contractor Information Pricing Information Authorized Reseller Listing PC70232 Leland International, Inc. 5695 Eagle Dr SE Grand Rapids, MI 49512 Federal ID: 38-3136374 NYS Vendor ID: 1100034477 Contractor Information Pricing Information Authorized Reseller Listing 1120 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 16 of 28 PC70233 Lesro Industries, Inc. 1 Griffin Road South Bloomfield, CT 06002 Federal ID: 06-0898258 NYS Vendor ID: 1100101268 Contractor Information Pricing Information Authorized Reseller Listing PC70234 LIAT, LLC 694 N Main Street Troutman, NC 28166 Federal ID: 27-0375847 NYS Vendor ID: 1000044678 Contractor Information Pricing Information Authorized Reseller Listing PC70235 Mediatechnologies, LLC D/B/A Mediatechnologies 892 Industrial Park Drive Shelby, MI 49455 Federal ID: 87-3322331 NYS Vendor ID: 1100270665 Contractor Information Pricing Information Authorized Reseller Listing PC70236 Merge Office Interiors, Inc. 1732 Universal City Blvd, Suite 101 Universal City, TX 78148 Federal ID: 41-2113919 NYS Vendor ID: 1100229025 Contractor Information Pricing Information Authorized Reseller Listing PC70237 Metalworks, Inc. D/B/A Great Openings 902 East 4th Street Ludington, MI 49431 Federal ID: 38-1898020 NYS Vendor ID: 1100152810 Contractor Information Pricing Information Authorized Reseller Listing 1121 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 17 of 28 PC70239 MiEN Company, Inc. 2547 3 Mile Rd Ste F Grand Rapids, MI 49534 Federal ID: 45-1451810 NYS Vendor ID: 1100209170 Contractor Information Pricing Information Authorized Reseller Listing PC70240 Mitylite, Inc. 1301 West 400 North Orem, UT 84057 Federal ID: 87-0652595 NYS Vendor ID: 1000009754 Contractor Information Pricing Information Authorized Reseller Listing PC70241 MillerKnoll, Inc. 855 East Main Avenue Zeeland, MI 49464 Federal ID: 38-0837640 NYS Vendor ID: 1000009239 Contractor Information Pricing Information Authorized Reseller Listing PC70242 Mobilier du Bureau D/B/A Logiflex 1235 ch St-Roch Nord Sherbrooke, QC J1N 0H2 Federal ID: 98-0196946 NYS Vendor ID: 1000005165 Contractor Information Pricing Information Authorized Reseller Listing PC70243 Moduform Inc. 172 Industrial Rd. Fitchburg, MA 01420 Federal ID: 04-2592969 NYS Vendor ID: 1000005256 Contractor Information Pricing Information Authorized Reseller Listing 1122 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 18 of 28 PC70244 MooreCo, Inc. 2885 Lorraine Avenue Temple, TX 76501 Federal ID: 26-1162929 NYS Vendor ID: 1100188138 Contractor Information Pricing Information Authorized Reseller Listing PC70245 Neutral Posture, Inc. 3904 N. Texas Ave. Bryan, TX 77803 Federal ID: 74-2983577 NYS Vendor ID: 1000009655 Contractor Information Pricing Information Authorized Reseller Listing PC70246 New England Woodcraft Inc. 481 North Street, PO Box 165 Forest Dale, VT 05745 Federal ID: 03-0265306 NYS Vendor ID: 1100010708 Contractor Information Pricing Information Authorized Reseller Listing PC70247 Nickerson NY, LLC 11 Moffitt Boulevard Bay Shore, NY 11706 Federal ID: 06-0905538 NYS Vendor ID: 1000005344 Contractor Information Pricing Information Authorized Reseller Listing PC70248 Nightingale Corp. 2301 Dixie Rd Mississauga, ON L4Y 1Z9 Federal ID: 98-0383583 NYS Vendor ID: 1000009839 Contractor Information Pricing Information Authorized Reseller Listing PC70249 Norix Group, Inc. One Innovation Drive West Chicago, IL 60185 Federal ID: 36-3257149 NYS Vendor ID: 1000009196 Contractor Information Pricing Information Authorized Reseller Listing 1123 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 19 of 28 PC70250 NOVA Solutions, Inc. 421 Industrial Ave Effingham, IL 62401 Federal ID: 37-1343933 NYS Vendor ID: 1000009228 Contractor Information Pricing Information Authorized Reseller Listing PC70251 NPS Public Furniture Corp D/B/A National Public Seating 149 Entin Road Clifton, NJ 07014 Federal ID: 45-1219535 NYS Vendor ID: 1100019951 Contractor Information Pricing Information Authorized Reseller Listing PC70252 Office Master Inc 1110 South Mildred Avenue Ontario, CA 91761 Federal ID: 33-0151691 NYS Vendor ID: 1100037288 Contractor Information Pricing Information Authorized Reseller Listing PC70253 OFS Brands, Inc. 1204 East Sixth Street Huntingburg, IN 47542 Federal ID: 30-0056548 NYS Vendor ID: 1000009065 Contractor Information Pricing Information Authorized Reseller Listing PC70254 Palmer Hamilton LLC 143 S. Jackson Street Elkhorn, WI 53121 Federal ID: 20-1201862 NYS Vendor ID: 1100046040 Contractor Information Pricing Information Authorized Reseller Listing 1124 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 20 of 28 PC70255 Palmieri Furniture LTD 1230 Reid Street Richmond Hill, ON L4B 1C4 Federal ID: 98-1171895 NYS Vendor ID: 1100014358 Contractor Information Pricing Information Authorized Reseller Listing PC70256 Paragon Furniture, Inc. 2224 E Randol Mill Rd Arlington, TX 76011 Federal ID: 75-1986305 NYS Vendor ID: 1100270372 Contractor Information Pricing Information Authorized Reseller Listing PC70257 Pineapple Contracts, Inc. 7105 19 Mile Rd Sterling, MI 48314 Federal ID: 82-2846564 NYS Vendor ID: 1100210769 Contractor Information Pricing Information Authorized Reseller Listing PC70258 PS Furniture, Inc. 1339 West Mequon Rd, Suite 215 Mequon, WI 53092 Federal ID: 25-1590625 NYS Vendor ID: 1000042271 Contractor Information Pricing Information Authorized Reseller Listing PC70259 Rapp Productions Inc. D/B/A FurnitureLab 103 W Weaver St Carrboro, NC 27510 Federal ID: 56-1806405 NYS Vendor ID: 1100043404 Contractor Information Pricing Information Authorized Reseller Listing PC70260 SBE Raynor Marketing Limited 525 Hempstead Turnpike West Hempstead, NY 11552 Federal ID: 11-2510441 NYS Vendor ID: 1100043335 Contractor Information Pricing Information Authorized Reseller Listing 1125 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 21 of 28 PC70261 R.T. London Company 1642 Broadway Ave NW Grand Rapids, MI 49504 Federal ID: 38-3870949 NYS Vendor ID: 1100040958 Contractor Information Pricing Information Authorized Reseller Listing PC70262 Sandler Seating, Inc. 1201 Peachtree Street NE, St 1625 Atlanta, GA 30361 Federal ID: 58-2407352 NYS Vendor ID: 1100210016 Contractor Information Pricing Information Authorized Reseller Listing PC70263 Sauder Manufacturing Co. D/B/A Wieland, Sauder Education, Butler Human Services 930 West Barre Rd Archbold, OH 43502 Federal ID: 34-4407705 NYS Vendor ID: 1000009140 Contractor Information Pricing Information Authorized Reseller Listing PC70264 Scholar Craft Products, Inc. PO Box 170748 1 Scholar Craft Parkway Birmingham, AL 35217 Federal ID: 63-0835284 NYS Vendor ID: 1000009610 Contractor Information Pricing Information Authorized Reseller Listing PC70265 School Outfitters, LLC 3736 Regent Ave Cincinnati, OH 45212 Federal ID: 61-1341943 NYS Vendor ID: 1000018398 Contractor Information Pricing Information Authorized Reseller Listing 1126 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 22 of 28 PC70266 School Specialty, LLC PO Box 1579 Appleton, WI 54912 Federal ID: 85-2162684 NYS Vendor ID: 1100257675 Contractor Information Pricing Information Authorized Reseller Listing PC70267 WBE SBE Seating, Inc. 60 N. State Street Nunda, NY 14517 Federal ID: 16-1344044 NYS Vendor ID: 1000008061 Contractor Information Pricing Information Authorized Reseller Listing PC70268 Sedia Systems Inc 1820 W Hubbard St, Suite 225 Chicago, IL 60622 Federal ID: 20-2278815 NYS Vendor ID: 1000052711 Contractor Information Pricing Information Authorized Reseller Listing PC70269 Senator International, Inc. D/B/A Allermuir 4111 N. Jerome Road Maumee, OH 43537 Federal ID: 20-8744510 NYS Vendor ID: 1100016625 Contractor Information Pricing Information Authorized Reseller Listing PC70270 Series USA LLC 2090 NE 30th Ave Suite 901 Miami, FL 33180 Federal ID: 26-2727588 NYS Vendor ID: 1100297165 Contractor Information Pricing Information Authorized Reseller Listing PC70271 SICO America, Inc. 7525 Cahill Road Minneapolis, MN 55439 Federal ID: 41-1763365 NYS Vendor ID: 1100004186 Contractor Information Pricing Information Authorized Reseller Listing 1127 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 23 of 28 PC70273 Smith System Manufacturing Company, Inc. 1150 Luna Rd Carrollton, TX 75006 Federal ID: 41-1424908 NYS Vendor ID: 1100027322 Contractor Information Pricing Information Authorized Reseller Listing PC70274 Source International Corp. 17 Gilmore Drive Sutton, MA 01590 Federal ID: 04-2752053 NYS Vendor ID: 1000005264 Contractor Information Pricing Information Authorized Reseller Listing PC70275 Spacefile International Corp 18 Huddersfield Road Toronto, ON M9W 5Z6 Federal ID: 98-1309404 NYS Vendor ID: 1100297658 Contractor Information Pricing Information Authorized Reseller Listing PC70276 Spacesaver Storage Systems, Inc. 1450 Janesville Avenue Fort Atkinson, WI 53538 Federal ID: 39-1383557 NYS Vendor ID: 1100004184 Contractor Information Pricing Information Authorized Reseller Listing PC70277 Spec Furniture, Inc. 165 City View Drive Toronto, ON M9W 5B1 Federal ID: 98-0171352 NYS Vendor ID: 1000049183 Contractor Information Pricing Information Authorized Reseller Listing PC70278 Special-T, LLC 11820 Wills Road, Suite 140 Alpharetta, GA 30009 Federal ID: 81-2612288 NYS Vendor ID: 1100208175 Contractor Information Pricing Information Authorized Reseller Listing 1128 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 24 of 28 PC70279 Spectrum Industries, Inc. 1500 W River Street, PO Box 400 Chippewa Falls, WI 54729 Federal ID: 39-1094074 NYS Vendor ID: 1000009267 Contractor Information Pricing Information Authorized Reseller Listing PC70280 Stance Healthcare, Inc. 45 Goodrich Drive Kitchener, ON N2C 0B8 Federal ID: 98-1053988 NYS Vendor ID: 1100218541 Contractor Information Pricing Information Authorized Reseller Listing PC70281 Steelcase, Inc. 901 44th Street SE Grand Rapids, MI 49508 Federal ID: 38-0819050 NYS Vendor ID: 1000009238 Contractor Information Pricing Information Authorized Reseller Listing PC70282 Stylex, Inc. PO Box 5038 Delanco, NJ 08075 Federal ID: 21-0632589 NYS Vendor ID: 1000008694 Contractor Information Pricing Information Authorized Reseller Listing PC70283 Swiftspace, Inc. 825 Trillium Dr Kitchener, ON N2R 1J9 Federal ID: 98-1118042 NYS Vendor ID: 1100174093 Contractor Information Pricing Information Authorized Reseller Listing PC70284 Tayco Office Furnishings, Inc. 400 Norris Glen Rd Toronto, ON M9C 1H5 Federal ID: 98-1700651 NYS Vendor ID: 1100295624 Contractor Information Pricing Information Authorized Reseller Listing 1129 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 25 of 28 PC70285 Teknion, LLC 302 Fellowship Road, Suite 110 Mt. Laurel, NJ 08054 Federal ID: 22-3785040 NYS Vendor ID: 1000008872 Contractor Information Pricing Information Authorized Reseller Listing PC70286 The HON Company, LLC* 600 East 2nd Street Muscatine, IA 52761 Federal ID: 92-0336532 NYS Vendor ID: 1100302820 Contractor Information Pricing Information Authorized Reseller Listing PC70287 Three-H Furniture Systems Limited 156462 Clover Valley Rd New Liskeard, ON P0J 1P0 Federal ID: 98-0427445 NYS Vendor ID: 1100209127 Contractor Information Pricing Information Authorized Reseller Listing PC70288 TMC Furniture, Inc. 119 E. Ann Street Ann Arbor, MI 48104 Federal ID: 38-3430617 NYS Vendor ID: 1100067261 Contractor Information Pricing Information Authorized Reseller Listing PC70289 Toledo Furniture, Inc. PO Box 18360 Stroudsburg, PA 18360 Federal ID: 22-3833777 NYS Vendor ID: 1100101398 Contractor Information Pricing Information Authorized Reseller Listing PC70290 Transformations by Wieland Inc 310 Racquet Drive Fort Wayne, IN 46825 Federal ID: 35-2014386 NYS Vendor ID: 1000053000 Contractor Information Pricing Information Authorized Reseller Listing 1130 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 26 of 28 PC70291 MBE Trinity Furniture, Inc. 6089 Kennedy Road Trinity, NC 27370 Federal ID: 56-1414163 NYS Vendor ID: 1100045809 Contractor Information Pricing Information Authorized Reseller Listing PC70292 SBE Tristate Apartment Furnishers, LLC 431 Timpson Place Bronx, NY 10455 Federal ID: 13-4018400 NYS Vendor ID: 1100109431 Contractor Information Pricing Information Authorized Reseller Listing PC70293 Via, Inc. 205 Vista Blvd Sparks, NV 89434 Federal ID: 88-0226421 NYS Vendor ID: 1000009755 Contractor Information Pricing Information Authorized Reseller Listing PC70294 VS America, Inc. 1940 Abbott Street Charlotte, NC 28203 Federal ID: 51-0469322 NYS Vendor ID: 1100042617 Contractor Information Pricing Information Authorized Reseller Listing PC70295 WB Manufacturing, LLC 507 E Grant St Thorp, WI 54771 Federal ID: 81-4729294 NYS Vendor ID: 1100213951 Contractor Information Pricing Information Authorized Reseller Listing PC70296 WB Mason Company Inc. 29 Mill St. Albany, NY 12204 Federal ID: 04-2455641 NYS Vendor ID: 1000011030 Contractor Information Pricing Information Authorized Reseller Listing 1131 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 27 of 28 PC70297 Wenger Corporation 555 Park Drive Owatonna, MN 55060-0448 Federal ID: 41-0759858 NYS Vendor ID: 1100003595 Contractor Information Pricing Information Authorized Reseller Listing PC70298 Workrite Ergonomics Canada, Inc. 950 Warden Avenue Toronto, ON M1L 4E3 Federal ID: 98-1318097 NYS Vendor ID: 1100176285 Contractor Information Pricing Information Authorized Reseller Listing *9 to 5 Seating, LLC is a disregarded entity of Flokk, LLC (Parent/Owner). Flokk, LLC’s Employer Identification Number is 84- 3698834. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. 9 to 5 Seating, LLC is the entity who holds Contract PC70151, is fully responsible for the performance of duties under Contract PC70151. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. *Allsteel, LLC is a disregarded entity of HNI Workplace Furnishings, LLC (Parent/Owner). HNI Workplace Furnishings, LLC’s Employer Identification Number is 92-0336532. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Allsteel, LLC is the entity who holds Contract PC70158, is fully responsible for the performance of duties under Contract PC70158. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. *Demco, Inc. is a disregarded entity of Wall Family Enterprise, Inc. (Parent/Owner). Wall Family Enterprise, Inc.’s Employer Identification Number is 20-8230779. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Demco, Inc. is the entity who holds Contract PC70187, is fully responsible for the performance of duties under Contract PC70187. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. *Ecologic Industries, LLC D/B/A Ecologic Furniture is a disregarded entity of Ecologic Industries DE, LLC. (Parent/Owner). Ecologic Industries DE, LLC’s Employer Identification Number is 27-3650418. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Ecologic Industries, LLC D/B/A Ecologic Furniture is the entity who holds Contract PC70191, is fully responsible for the performance of duties under Contract PC70191. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. *Exemplis, LLC is a disregarded entity of Seating Intermediate Holdings, LLC (Parent/Owner). Seating Intermediate Holdings, LLC’s Employer Identification Number is 47-3083740. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Exemplis, LLC is the entity who holds Contract PC70272, is fully responsible 1132 Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717 Contractor Information Summary Updated: April 25, 2025 Group 20915 - Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide) Award Number: 23295 Contract Period December 05, 2023 - December 01, 2028 OGS CONTRACT NUMBER CONTRACTOR INFORMATION CONTRACT SPECIFICS 2091523295ContractorInfo.docx Page 28 of 28 for the performance of duties under Contract PC70272. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. *Hancock & Moore, LLC D/B/A Cabot Wrenn is a disregarded entity of RHF Investments, Inc. (Parent/Owner). RHF Investments, Inc.’s Employer Identification Number is 46-2232330. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Hancock & Moore, LLC D/B/A Cabot Wrenn is the entity who holds Contract PC70205, is fully responsible for the performance of duties under Contract PC70205. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. *Lakeshore Learning Materials, LLC is a disregarded entity of Lakeshore Parent LLC (Parent/Owner). Lakeshore Parent LLC’s Employer Identification Number is 87-2802658. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Lakeshore Learning Materials, LLC is the entity who holds Contract PC70230, is fully responsible for the performance of duties under Contract PC70230. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. *The HON Company, LLC is a disregarded entity of HNI Workplace Furnishings, LLC (Parent/Owner). HNI Workplace Furnishings, LLC’s Employer Identification Number is 92-0336532. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. The HON Company, LLC is the entity who holds Contract PC70286, is fully responsible for the performance of duties under Contract PC70286. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract. 1133 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Resolution No. R25-204- Award Invitation to Bid No. 25-020RB for Pre- Chlorinated Pipe Bursting of Portable Water Mains to Murphy Pipeline Contractors, LLC as the primary Contractor and Killebrew, Inc., as the secondary Contractor, and approve an Agreement with each awarded Contractor in an amount not to exceed $10,000,000 for the full term of the contract. Requested Action: Staff recommends approval of Proposed Resolution No. R25-204. Explanation of Request: Contract Term: 2025 through 2027 On April 21, 2025, the Procurement Division, in coordination with the Utilities Department, issued Invitation to Bid No. 25-020RB for Pre-Chlorinated Pipe Bursting of Potable Water Mains. The solicitation was publicly advertised, and upon closing on May 23, 2025, Procurement Services received and tabulated four (4) responsive bid submittals. Following a comprehensive review conducted by the Procurement Division and the Director of the Field Operations Division, it was determined that awarding the contract on a primary and secondary basis would best serve the City's operational needs. As a result, Murphy Pipeline Contractors, LLC is recommended for award as the Primary Contractor, and Killebrew, Inc., is recommended as the Secondary Contractor for this term contract. The City seeks a maximum of two qualified contractors who have demonstrated specific experience in pre-chlorinated pipe bursting of utility system water mains. The work will be performed on an "as needed" basis. The City intends to issue individual task orders or purchase orders for each project to establish clear controls and oversight under this contract. The Scope of Work for Pre-Chlorinated Pipe Bursting shall include, but is not limited to: 1. Pipe Bursting at various Utility locations 1134 2. Connection of existing water services 3. Maintenance of Traffic 4. Site restoration, pavement repairs, resurfacing, and striping 5. All labor, materials, and equipment necessary to complete the City’s project(s). The initial term of the agreement shall be for three (3) years, with two (2) additional one-year renewal options, exercised at the City’s discretion. The total estimated cost of this contract over the potential five-year term is $10,000,000, with an anticipated annual expenditure of $2,000,000, subject to budget appropriations and operational needs. How will this affect city programs or services? The City seeks a maximum of two qualified contractors to demonstrate specific experience in pre-chlorinated pipe bursting of utility system water mains and to establish line-item pricing for Pre-Chlorinated Pipe Bursting Projects. Budgeted Item: Yes Account Line Item and Description: CIP 403 -5000-533-65.02 Project # WT1802 (Water Distribution System Annual R&R). Fiscal Impact: The total estimated cost of this contract over the potential five-year term is $10,000,000, with an anticipated annual expenditure of $2,000,000, subject to budget appropriations and operational needs. Attachments: R25-204 Agenda_Item_3350-2025_Resolution_for_Mutiple_contractors_ITB_Award.docx Exhibit A to Resolution - Primary Contractor - Murphy Pipeline Contractors.pdf Exhibit B to Resolution - Secondary Contractor - Killebrew Inc..pdf Killebrew Inc - COI.pdf Email - COI Risk approval - 2.pdf Murphy Pipeline - COI.pdf Email - COI Risk approval.pdf MurphyPipelineCont-25-020RB.pdf KillebrewInc.-25-020RB.pdf BidAnalysis 25-020RB - Compliance.pdf Cost Analysis 25-20RB.pdf 1135 RESOLUTION NO. R25-204 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AWARDING INVITATION TO BID NO. 25-020RB FOR 2 PRE-CHLORINATED PIPE BURSTING OF PORTABLE WATER MAINS TO 3 MURPHY PIPELINE CONTRACTORS, LLC, AS THE PRIMARY 4 CONTRACTOR AND KILLEBREW, INC., AS THE SECONDARY 5 CONTRACTOR, AND APPROVING AN AGREEMENT WITH EACH 6 AWARDED CONTRACTOR, FOR A BUDGETED AMOUNT OF 7 $2,000,000.00 YEARLY FOR THE SERVICES; AND FOR ALL OTHER 8 PURPOSES. 9 10 WHEREAS, on April 21, 2025, the Procurement Division, in coordination with the Utilities 11 Department, issued Invitation to Bid No. 25-020RB for Pre-Chlorinated Pipe Bursting of Potable 12 Water Mains. The solicitation was publicly advertised, and upon closing on May 23, 2025, 13 Procurement Services received and tabulated four (4) responsive bid submittals. Following a 14 comprehensive review conducted by the Procurement Division and the Director of the Field 15 Operations Division, it was determined that awarding the contract on a primary and secondary 16 basis would best serve the City's operational needs; and 17 WHEREAS, as a result, Murphy Pipeline Contractors, LLC, is recommended for award as 18 the primary Contractor, and Killebrew, Inc., is recommended as the secondary Contractor for this 19 term contract; and 20 WHEREAS, the City seeks a maximum of two qualified contractors who have 21 demonstrated specific experience in pre-chlorinated pipe bursting of utility system water mains. 22 The work will be performed on an "as needed" basis. The City intends to issue individual task 23 orders or purchase orders for each project to establish clear controls and oversight under this 24 contract; and 25 WHEREAS, the initial term of the Agreements shall be for three (3) years, with two (2) 26 additional one-year renewal options, exercised at the City’s discretion. The total estimated cost 27 for the services over the potential five-year term is $10,000,000.00, with an anticipated annual 28 expenditure of $2,000,000.00, subject to budget appropriations and operational needs; and 29 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 30 best interests of the City's citizens and residents to award Invitation to Bid No. 25-020RB for Pre-31 Chlorinated Pipe Bursting of Portable Water Mains to Murphy Pipeline Contractors, LLC, as the 32 primary Contractor and Killebrew, Inc., as the secondary Contractor, and approve an Agreement 33 with each awarded Contractor, for a budgeted amount of $2,000,000.00 yearly for the services. 34 1136 RESOLUTION NO. R25-204 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 36 BEACH, FLORIDA, THAT: 37 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 38 being true and correct and are hereby made a specific part of this Resolution upon adoption. 39 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 40 award ITB No. 25-020RB for Pre-Chlorinated Pipe Bursting of Portable Water Mains to Murphy 41 Pipeline Contractors, LLC, as the primary Contractor and Killebrew, Inc., as the secondary 42 Contractor. 43 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 44 approve an Agreement between Murphy Pipeline Contractors, LLC, and the City for ITB No. 25-45 020RB for Pre-Chlorinated Pipe Bursting of Portable Water Mains, in form and substance similar 46 to that attached as Exhibit A. 47 SECTION 4. The City Commission of the City of Boynton Beach, Florida, does hereby 48 approve an Agreement between Killebrew, Inc., and the City for ITB No. 25-020RB for Pre-49 Chlorinated Pipe Bursting of Portable Water Mains, in form and substance similar to that attached 50 as Exhibit B. 51 SECTION 5. The City Commission of the City of Boynton Beach, Florida, hereby 52 authorizes the Mayor to execute the Agreements. The Mayor is further authorized to execute any 53 ancillary documents required under the Agreements or necessary to accomplish the purposes of 54 the Agreements, including any term extensions as provided in the Agreement, provided such 55 documents do not modify the financial terms or material terms. 56 SECTION 6. The City Commission of the City of Boynton Beach, Florida, hereby 57 authorizes the City Manager to execute any Task Orders in accordance with the City’s procurement 58 policy thresholds. 59 SECTION 7. The City Clerk shall retain the fully executed Agreements as a public record 60 of the City. A copy of the fully executed Agreements shall be provided to Tremaine Johnson to 61 forward to the awarded Contractors. 62 SECTION 8. This Resolution shall take effect in accordance with the law. 63 64 65 1137 RESOLUTION NO. R25-204 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 66 CITY OF BOYNTON BEACH, FLORIDA 67 YES NO 68 Mayor – Rebecca Shelton _____ _____ 69 70 Vice Mayor – Woodrow L. Hay _____ _____ 71 72 Commissioner – Angela Cruz _____ _____ 73 74 Commissioner – Thomas Turkin _____ _____ 75 76 Commissioner – Aimee Kelley _____ _____ 77 78 VOTE ______ 79 ATTEST: 80 81 _____________________________ ______________________________ 82 Maylee De Jesús, MPA, MMC Rebecca Shelton 83 City Clerk Mayor 84 85 APPROVED AS TO FORM: 86 (Corporate Seal) 87 88 _______________________________ 89 Shawna G. Lamb 90 City Attorney 91 1138 25-020RB Pre-Chlorinated Pipe Bursting of Potable Water Mains 1 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MURPHY PIPELINE CONTRACTORS, LLC FOR PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS This Construction Contract (the “Agreement”) is entered into by and between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as “City,” and Murphy Pipeline Contractors, LLC, a Florida limited liability company, authorized to do business in the State of Florida, with a business address of 510 Shotgun Road, Ste 150, Sunrise, FL 33326, hereinafter referred to as the “Contractor,” (each a “Party” and collectively the “Parties”). WHEREAS, the City of Boynton Beach Utilities Department requires pre-chlorinated pipe bursting of utility system water mains; and WHEREAS, on April 21, 2025, the Purchasing Division issued ITB No. 25-020RB Pre- Chlorinated Pipe Bursting of Potable Water Mains (the “ITB”); and WHEREAS, Contractor responded to the ITB by submitting its Bid dated May 23, 2025 (the “Bid”); and WHEREAS, the City has selected the Contractor(s) to perform construction services on an as-needed basis; and, WHEREAS, at its meeting of August 5, 2025, by Resolution No. _______, the City Commission approved this award to the Contractor and authorized the proper City officials to execute this Agreement. NOW, THEREFORE, City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. PRIMARY CONTRACTOR DESIGNATION AND DUAL CONTRACT ACKNOWLEDGEMENT Contractor is hereby designated as the primary contractor for the goods and/or Services described under this Agreement. As Primary Contractor, Contractor shall: a) Have the exclusive right and obligation to perform all services specified in this Agreement during the contract term; b) Maintain first priority for all work assignments and service calls within the designated scope; c) Be the City's primary point of contact for all matters relating to the contracted services; d) Maintain full operational capacity and staffing to meet all service requirements; 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 25-020RB Pre-Chlorinated Pipe Bursting of Potable Water Mains 1 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND KILLEBREW, INC. FOR PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS This Construction Contract (the “Agreement”) is entered into by and between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as “City,” and Killebrew, Inc., a corporation, authorized to do business in the State of Florida, with a business address of 2830 Winter Lake Road, Lakeland, FL 33803, hereinafter referred to as the “Contractor,” (each a “Party” and collectively the “Parties”). WHEREAS, the City of Boynton Beach Utilities Department requires pre-chlorinated pipe bursting of utility system water mains; and WHEREAS, on April 21, 2025, the Purchasing Division issued ITB No. 25-020RB Pre- Chlorinated Pipe Bursting of Potable Water Mains (the “ITB”); and WHEREAS, Contractor responded to the ITB by submitting its Bid dated May 23, 2025 (the “Bid”); and WHEREAS, the City has selected the Contractor(s) to perform construction services on an as-needed basis; and, WHEREAS, at its meeting of August 5, 2025, by Resolution No. _______, the City Commission approved this award to the Contractor and authorized the proper City officials to execute this Agreement. NOW, THEREFORE, City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SECONDARY/BACKUP CONTRACTOR DESIGNATION AND DUAL CONTRACT ACKNOWLEDGEMENT Contractor is hereby designated as the secondary/backup contractor for the goods and/or Services described under this Agreement. As Secondary Contractor, Contractor shall: a) Maintain standby capacity to provide services when the Primary Contractor designated under separate agreement 25-020RB cannot perform; b) Accept work assignments only upon written authorization from the City following activation procedures outlined herein; c) Acknowledge and agree that Murphy Pipeline Contractors, LLC has been designated as the PRIMARY CONTRACTOR with superior rights to perform the contracted services; d) Maintain the operational capacity and readiness to assume full service responsibilities within twenty (21) days of activation notice; 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 25-020RB Pre-Chlorinated Pipe Bursting of Potable Water Mains 11 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 If sent to the Contractor, it shall be mailed to: Richard Bushart, Vice President Killebrew, Inc. P.O. Box 6258 Lakeland, FL 33807 Telephone:(863) 701-0273 Article 14. INDEMNIFICATION. Contractor shall indemnify and hold harmless the City, its commissioners, officers, employees and agents (“Indemnified Parties”), from and against any and all claims, obligations, liability, expenses, losses, and causes of action, including attorneys’ fees and costs, to the extent the same are caused by: (i) an act, negligence, recklessness or intentional wrongful misconduct of Contractor or its subcontractors, or the officers, employees or agents of either, while engaged in or about the performance of the Work; or while in or about the project site or premises; (ii) arising from accident or any injury to Contractor or its subcontractors while engaged in or about the performance of the Work, or while in or about the project site or premises, not caused by act of the Indemnified Parties or other contractors of City; (iii) arising out of the violation of federal, state, county, or municipal laws, ordinances, or regulations by Contractor or its subcontractor; or (iv) arising from liens or claims for services rendered for labor or materials furnished in or for the performance of the Work. The extent of the Contractor’s indemnification shall be limited to one and one-half (1 1/2) times the Contract Price or One Million Dollars ($1,000,000) per occurrence, whichever is greater. This paragraph shall not be construed to require the Contractor to indemnify the Indemnified Parties for such Indemnified Parties’ own negligence or intentional acts. Nothing in this paragraph shall be construed as a contractual waiver by the City of the protections and limits of sovereign immunity under Section 768.28, Fla. Stat., nor a waiver of any defense the City may have and shall not be construed as consent to be sued by third parties based on any claims arising under this Agreement. Contractor and City agree that any liability of the City under this Agreement shall be limited to the amounts set forth in Section 728.68, Fla. Stat. This paragraph shall survive the expiration or termination of this Agreement. Article 15. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Agreement be delayed beyond the specified or adjusted time limit, separate and apart from the Liquidated Damages stated in Section 3.5, the Contractor shall also reimburse the City for all expenses of consulting and inspection incurred by the City during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the City will be charged to the Contractor and deducted from payments due to the Contractor as provided by this Agreement. Said expenses shall be further defined as Consultant charges associated with the construction contract administration, including resident project representative costs. City may, but is not obligated to, deduct such costs from the monies due the Contractor for performance of Work under this 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/8/2025 (334) 386-3608 16535 Killebrew, Inc. PO Box 6258 Lakeland, FL 33807 25674 10172 32727 A 2,000,000 X X GLO2925059-05 1/1/2025 1/1/2026 100,000 10,000 2,000,000 4,000,000 4,000,000 2,000,000A X X BAP2925060-05 1/1/2025 1/1/2026 5,000,000B CUP-2X705277-25-NF 1/1/2025 1/1/2026 10,000 5,000,000 A X WC2925058-05 1/1/2025 1/1/2026 1,000,000 N 1,000,000 1,000,000 C Contractor's Polluti G71780909 003 1/1/2024 per claim $1M / agg.2,000,000 D Professional Liabili AXPCTRL00169-25 1/1/2025 1/1/2026 each claim / aggreg.2,000,000 The City of Boynton Beach, Florida is named as additional insured on a primary and noncontributory basis as respects General Liability (including ongoing and completed operations) and Automobile Liability where required by written contract. A waiver of subrogation applies in favor of the City of Boynton Beach, Florida as respects General Liability, Automobile Liability and Worker's Compensation where required by written contract. Thirty (30) days written notice of cancellation applies where required by written contract. City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave. Boyton Beach, FL 33435 KILLINC-01 KCROSBY PGIS, LLC dba Turner Insurance & Bonding Co. PO Drawer 230789 Montgomery, AL 36123 Rachel Hutto rhutto@turnerfirst.com Zurich American Insurance Travelers Property Casualty Co Westchester Surplus Lines Ins Lloyd's of London Aggregate X 1/1/2026 X X X X X X X X 1195 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/8/2025 (334) 386-3608 28886 Killebrew, Inc. PO Box 6258 Lakeland, FL 33807 A Installation / Build IMP4002110 01 1/1/2025 100,000 City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave. Boyton Beach, FL 33435 KILLINC-01 KCROSBY PGIS, LLC dba Turner Insurance & Bonding Co. PO Drawer 230789 Montgomery, AL 36123 Rachel Hutto rhutto@turnerfirst.com IAT Insurance Group 1/1/2026 1196 1197 From:Shields. Steve To:Gonzalez, Theresa; Risk Management Subject:RE: COI for Killebrew, Inc. Date:Thursday, July 10, 2025 1:42:57 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image677644.png image347761.png image308462.png image589194.png image710065.png image585020.png Fantastic! This certificate is sufficient. Thanks, Steve Steve Shields Division Director, Risk Management City Attorney's Office Mailing Address:P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address:100 E Ocean Ave | Boynton Beach, Florida 33435 561-742-6271 shieldss@bbfl.us | boynton-beach.org/ Open Data 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 law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Gonzalez, Theresa <GonzalezT@bbfl.us> Sent: Thursday, July 10, 2025 10:29 AM To: Shields. Steve <shieldss@bbfl.us>; Risk Management <RiskManagement@bbfl.us> Subject: COI for Killebrew, Inc. Good morning, Attached are the Certificate of Insurance and the agreement for Killebrew, Inc. Please let me know if all requirements have been met. Thank you, City of Boynton Beach Sailfish Logo Theresa Gonzalez Senior Buyer ‑ Utilities Financial Services Mailing Address:P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address:100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-742-6353 GonzalezT@bbfl.us | boynton-beach.org/ Follow Us On Social Media Connect with us on Nextdoor Link to Download MyBoynton App City of Boynton Beach Open Data Web Page Open Data Want to do business with the City of Boynton Beach? Register for FREE with our solicitation partner, Bids Tenders Website at Boynton- Beach.bidsandtenders.net 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 law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure 1198 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/7/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Alliant Insurance Services Houston, LLC 1330 Post Oak Blvd., Suite 300 Houston, TX 77056 CONTACT NAME: Brett Sauer PHONE (A/C, No, Ext): 602-707-1931 FAX (A/C, No): 602-707-1932 E-MAIL ADDRESS: Brett.Sauer@alliant.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Greenwich Insurance Company 22322 INSURED Murphy Pipeline Contractors, LLC 510 Shotgun Road, Suite 150 Sunrise, FL 33326 INSURER B: Various INSURER C: XL Specialty Insurance Company 37885 INSURER D: Indian Harbor Insurance Company 36940 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X CGD740922012 04/01/2025 04/01/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY X X CAD740922112 04/01/2025 04/01/2026 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS ONLY NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ $ B UMBRELLA LIAB X OCCUR X X Various 04/01/2025 04/01/2026 EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION $ $ C WORKERS COMPENSATION Y/N N/A X CWD740921912 04/01/2025 04/01/2026 X PER STATUTE OTH- ER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N E.L. EACH ACCIDENT $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D OTHER CONTRACTORS POLLUTION/CONTRACTORS PROFESSIONAL CEO742145503 04/01/2025 04/01/2026 EACH LOSS $ 10,000,000 AGGREGATE $ 10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This cancels and replaces certificate issued 7/3/2025 The Policies below are excess of the General Liability, Auto Liability, and Employer’s Liability: Carrier Name Policy Number Limit NAIC # AXIS Surplus Insurance Company P-001-001149935-03 $3,000,000 26620 Starr Indemnity & Liability Company 1000585633251 83.33% po $7,000,000 xs $3,000,000 38318 Westfield Specialty Insurance Company XSL-311411V-02 16.67% po $7,000,000 xs $3,000,000 16992 Re: 25-020RB: Pre-Chlorinated Pipe Bursting of Potable Water Mains. City of Boynton Beach. The General Liability and Commercial Auto policies include blanket Additional Insured endorsements that provide Additional Insured status to certain persons and organizations when required by written contract and subject to the terms and conditions of the endorsements. The General Liability policy provides that to the extent that insurance is afforded to any Additional Insured under the policy, the insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. The Auto, General Liability, and Workers Compensation policies include a blanket Waiver of Subrogation when required by contract or written agreement and subject to the terms and conditions of the endorsements. The General Liability, Auto Liability, and Workers Compensation policies include an endorsement providing that 30 days’ notice of cancellation will be furnished to the certificate holder, however 10 days if canceled for non-payment. Except for the terms, definitions, conditions, and exclusions of the referenced Excess Policies, the policies shall follow the terms, definitions, conditions and exclusions of the applicable underlying insurance policies. CERTIFICATE HOLDER CANCELLATION City of Boynton Beach Attn: Risk Management 100 East Ocean Avenue Boynton Beach, FL 33435 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1199 POLICY NUMBER: CGD740922012 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY, PROVIDED THE “BODILY INJURY” OR “PROPERTY DAMAGE” OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. VARIOUS AS REQUIRED PER WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 1200 Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. 1201 POLICY NUMBER: CGD740922012 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. VARIOUS AS REQUIRED PER WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. 1202 XIL 424 0605 ©, 2005, XL America, Inc. ENDORSEMENT # This endorsement, effective 12:01 a.m., April 1, 2025, forms a part of Policy No. CGD740922012 issued to IPR ACQUISITIONCO, INC. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. 1203 POLICY NUMBER: CGD740922012 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT EXECUTED PRIOR TO LOSS (EXCEPT WHERE NOT PERMITTED BY LAW). Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. 1204 POLICY NUMBER: CAD740922112 COMMERCIAL AUTO CA 20 01 11 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 20 01 11 20 © Insurance Services Office, Inc., 2019 Page 1 of 2 LESSOR – ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below. Named Insured: IPR ACQUISITIONCO, INC. Endorsement Effective Date: April 1, 2025 SCHEDULE Insurance Company: Greenwich Insurance Company Policy Number: CAD740922112 Effective Date: April 1, 2025 Expiration Date:April 1, 2026 Named Insured: IPR ACQUISITIONCO, INC. Address: 8686 NEW TRAILS DRIVE, SUITE 115 THE WOODLANDS, TX 77381 Additional Insured (Lessor): ALL LESSORS Address: Designation Or Description Of "Leased Autos": ALL LEASED AUTOS 1205 Page 2 of 2 © Insurance Services Office, Inc., 2019 CA 20 01 11 20 Coverages Limit Of Insurance Or Deductible Covered Autos Liability $2,000,000 Each "Accident" Comprehensive $25,000 Deductible For Each Covered "Leased Auto" Collision $25,000 Deductible For Each Covered "Leased Auto" Specified Causes Of Loss $Deductible For Each Covered "Leased Auto" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2. For a "leased auto" designated or described in the Schedule, the Who Is An Insured provision under Covered Autos Liability Coverage is changed to include as an "insured" the lessor named in the Schedule. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a. You; b. Any of your "employees" or agents; or c. Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. 3. The coverages provided under this endorsement apply to any "leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a "leased auto". 2. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. C. Cancellation 1. If we cancel the Policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the Policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your premiums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. 1206 XIC 411 1013 © 2013 X.L. America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. ENDORSEMENT # This endorsement, effective 12:01 a.m., April 1, 2025, forms a part of Policy No. CAD740922112 issued to IPR ACQUISITIONCO, INC. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM A. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to include as an “insured” any person or organization you are required in a written contract to name as an additional insured, but only for “bodily injury” or "property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of: 1. You, while using a covered “auto”; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered “auto” with your permission; Provided that: a.The written contract is in effect during the policy period of this policy; b.The written contract was signed by you and executed prior to the “accident” causing “bodily injury” or “property damage” for which liability coverage is sought; and c.Such person or organization is an “insured” solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract. C.General Conditions, Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this policy be primary. All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. 1207 POLICY NUMBER: CAD740922112 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: IPR ACQUISITIONCO, INC. Endorsement Effective Date: April 1, 2025 SCHEDULE Name(s)Of Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT EXECUTED PRIOR TO LOSS (EXCEPT WHERE NOT PERMITTED BY LAW). Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. 1208  1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHERE REQUIRED BY WRITTEN AGREEMENT SIGNED PRIOR TO LOSS. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective April 1, 2025 Policy No. CWD740921912 Endorsement No. Insured IPR ACQUISITIONCO, INC. Insurance Company Countersigned by _____________________________________ XL Specialty Insurance Company WC 00 03 13 (Ed. 4-84) 1209 IXI 405 0910 © 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. This endorsement, effective 12:01 a.m., April 1, 2025, forms a part of Policy No. CGD740922012 issued to IPR ACQUISITIONCO, INC. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Name of Person(s) or Entity(ies) Mailing Address: Number of Days Advanced Notice of Cancellation: ENDORSEMENT # AS PER SCHEDULE ON FILE WITH THE COMPANY. 30 All other terms and conditions of the Policy remain unchanged. 1210 IXI 405 0910 © 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. ENDORSEMENT # This endorsement, effective 12:01 a.m., April 1, 2025, forms a part of Policy No. CAD740922112 issued to IPR ACQUISITIONCO, INC. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Name of Person(s) or Entity(ies) Mailing Address: Number of Days Advanced Notice of Cancellation: AS PER SCHEDULE ON FILE WITH COMPANY. 30 All other terms and conditions of the Policy remain unchanged. 1211 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 57 (Ed. 12/10) WC 99 06 57 Ed. 12/10 © 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. ENDORSEMENT # This endorsement, effective 12:01 a.m., April 1, 2025 forms a part of Policy No. CWD740921912 issued to IPR ACQUISITIONCO, INC. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT This endorsement modifies insurance provided under the following: WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE POLICY In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Name of Person(s) or Entity(ies) Mailing Address: Number of Days Advanced Notice of Cancellation: AS PER SCHEDULE ON FILE WITH COMPANY. AS PER SCHEDULE ON FILE WITH COMPANY. 30 All other terms and conditions of the Policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective April 1, 2025 Policy No. CWD740921912 Endorsement No. Insured IPR ACQUISITIONCO, INC. Premium $ Included Insurance Company Countersigned by ______________________________________ XL Specialty Insurance Company 1212 From:Shields. Steve To:Gonzalez, Theresa; Risk Management Subject:RE: COI for Murphy Pipeline Contractors Inc. Date:Tuesday, July 8, 2025 5:30:43 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image312682.png image849272.png image451576.png image532473.png image823172.png image731137.png Thank you. The revised certificate is sufficient. Steve Shields Division Director, Risk Management City Attorney's Office Mailing Address:P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address:100 E Ocean Ave | Boynton Beach, Florida 33435 561-742-6271 shieldss@bbfl.us | boynton-beach.org/ Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Gonzalez, Theresa <GonzalezT@bbfl.us> Sent: Tuesday, July 8, 2025 3:35 PM To: Shields. Steve <shieldss@bbfl.us>; Risk Management <RiskManagement@bbfl.us> Subject: RE: COI for Murphy Pipeline Contractors Inc. Hello Steve, Please find the revised COI. City of Boynton Beach Sailfish Logo Theresa Gonzalez Senior Buyer ‑ Utilities Financial Services Mailing Address:P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address:100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-742-6353 GonzalezT@bbfl.us | boynton-beach.org/ Follow Us On Social Media Connect with us on Nextdoor Link to Download MyBoynton App Want to do business with the City of Boynton Beach? Register for FREE with our solicitation partner, Bids Tenders Website at Boynton- Beach.bidsandtenders.net 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 law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Shields. Steve <shieldss@bbfl.us> Sent: Monday, July 7, 2025 2:58 PM To: Gonzalez, Theresa <GonzalezT@bbfl.us>; Risk Management <RiskManagement@bbfl.us> Subject: Re: COI for Murphy Pipeline Contractors Inc. Not unless they list the City as additional insured for the excess. If they list is as additional insured for the excess this will work. Thanks, Steve Get Outlook for Android Steve Shields 1213 City of Boynton Beach Sailfish Logo Division Director, Risk Management City Attorney's Office Mailing Address:P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address:100 E Ocean Ave | Boynton Beach, Florida 33435 561-742-6271 shieldss@bbfl.us | boynton-beach.org/ Follow Us On Social Media Connect with us on Nextdoor Link to Download MyBoynton App City of Boynton Beach Open Data Web Page 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 law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Gonzalez, Theresa <GonzalezT@bbfl.us> Sent: Monday, July 7, 2025 12:21:27 PM To: Shields. Steve <shieldss@bbfl.us>; Risk Management <RiskManagement@bbfl.us> Subject: RE: COI for Murphy Pipeline Contractors Inc. Hello Steve, The vendor asked - Doesn’t the Excess Liability $10MM aggregate coverage take care of the CGL that is short $1MM aggregate? City of Boynton Beach Sailfish Logo Theresa Gonzalez Senior Buyer ‑ Utilities Financial Services Mailing Address:P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address:100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-742-6353 GonzalezT@bbfl.us | boynton-beach.org/ Follow Us On Social Media Connect with us on Nextdoor Link to Download MyBoynton App Want to do business with the City of Boynton Beach? Register for FREE with our solicitation partner, Bids Tenders Website at Boynton- Beach.bidsandtenders.net 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 law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Shields. Steve <shieldss@bbfl.us> Sent: Monday, July 7, 2025 12:04 PM To: Gonzalez, Theresa <GonzalezT@bbfl.us>; Risk Management <RiskManagement@bbfl.us> Subject: RE: COI for Murphy Pipeline Contractors Inc. Our insurance requirements are $3MM aggregate for CGL and they have $2MM. Please ask them to also list the City as additional insured under their umbrella policy or make note that the umbrella policy follows form. Thanks, City of Boynton Beach Sailfish Logo Steve Shields Division Director, Risk Management City Attorney's Office Mailing Address:P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address:100 E Ocean Ave | Boynton Beach, Florida 33435 561-742-6271 shieldss@bbfl.us | boynton-beach.org/ Follow Us On Social Media Connect with us on Nextdoor Link to Download MyBoynton App City of Boynton Beach Open Data Web Page 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 law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure 1214 From: Gonzalez, Theresa <GonzalezT@bbfl.us> Sent: Monday, July 7, 2025 11:28 AM To: Risk Management <RiskManagement@bbfl.us>; Shields. Steve <shieldss@bbfl.us> Subject: COI for Murphy Pipeline Contractors Inc. Good morning, Attached are the Certificate of Insurance and the agreement for Murphy Pipeline Contractors Inc. Please let me know if all requirements have been met. Thank you, City of Boynton Beach Sailfish Logo Theresa Gonzalez Senior Buyer ‑ Utilities Financial Services Mailing Address:P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address:100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-742-6353 GonzalezT@bbfl.us | boynton-beach.org/ Follow Us On Social Media Connect with us on Nextdoor Link to Download MyBoynton App Want to do business with the City of Boynton Beach? Register for FREE with our solicitation partner, Bids Tenders Website at Boynton- Beach.bidsandtenders.net 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 law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure 1215 25-020RB - Pre-Chlorinated Pipe Bursting of Potable Water Mains Opening Date: April 21, 2025 8:00 AM Closing Date: May 23, 2025 2:30 PM Vendor Details Company Name:Murphy Pipeline Contractors, LLC Does your company conduct business under any other name? If yes, please state: NO Address: 12235 New Berlin Road Suite 400 Jacksonville, Florida 32226 Contact:Meghan Bedford Email:meghan.bedford@puriscorp.com Phone:281-939-3672 Fax:281-939-3672 HST#:59-3688714 Submission Details Created On:Monday May 19, 2025 15:17:28 Submitted On:Friday May 23, 2025 12:47:08 Submitted By:Meghan Bedford Email:meghan.bedford@puriscorp.com Transaction #:20798dac-a188-4f6a-a72b-9ede59ce6e0f Submitter's IP Address:147.243.202.233 Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1216 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. Indemnification Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Bidder shall be responsible for inspecting, examining, and verifying existing conditions. Bidder is responsible for familiarizing themselves with the nature and extent of the contract documents, the work, the locality, and with all local conditions and regulatory requirements that may, in any manner affect costs, progress, or performance of work. Bidder agrees to furnish all labor, material, tools, qualified supervision, equipment, accessory material, required bonds, insurance, and permits necessary to complete the proper performance of the work described herein. It is the intent of the City to award this to the lowest responsive/responsible Bidder based on the Grand Total Bid Amount. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. This bid will remain subject to acceptance for One Hundred Twenty (120) calendar days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) calendar days prior to the date of the City's Award. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Bidder has given the City written notice of all conflicts, errors, or discrepancies that it has discovered in the contract documents, and the written resolution thereof by the City is acceptable to Bidder. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. Bidder will complete the Work for the prices shown in the "Bid Form”. Bidder agrees that the Work will be substantially performed and completed in accordance with the schedules established herein. Item No.Description Quantity Unit Unit Price Total 1.11.E Indemnification 1 Lump Sum $25.0000 $ 25.00 Subtotal:$ 25.00 Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1217 General Conditions Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. FOR ITEM NO. 1.11.B (APPLICABLE PERMIT ALLOWANCE), ENTER A ZERO (0) AS THE UNIT COST. FOR ITEM NO. 1.11.D (NPDES MAY NOT EXCEED 1.5% OF THE PROJECT COST), ENTER A ZERO (0) AS THE UNIT COST. Item No.Description Quantity Unit Unit Price * 1.11.A Mobilization/Demobilization per Project 1 LS $40,000.0000 1.11.A Maintenance of Traffic (MOT) Plan per Project, City Right-of-Way 1 LS $10,000.0000 1.11.A Maintenance of Traffic (MOT) Plan per Project, Palm Beach County FDOT Roadway 1 LS $15,000.0000 1.11.B Applicable Permit Allowance (actual cost reimbursement by the City) 1 EA $0.0000 1.11.C Pre- and Post- Construction Video 1 LS $3,500.0000 1.11.D NPDES (if applicable) May Not Exceed 1.5% of the Project Cost 1 EA $0.0000 Surface Restoration Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. Item No.Description Quantity Unit Unit Price * 1.11.F Sod 1 SF $1.3000 1.11.F 6" Concrete 1 SF $28.0000 1.11.F 3" Asphalt 1 SF $15.0000 1.11.G Curb 1 LF $110.0000 Open Cut Water Main - Furnish and Install Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. Item No.Description Quantity Unit Unit Price * 1.11.H 6-Inch C-900 1 LF $225.0000 1.11.H 8-Inch C-900 1 LF $235.0000 1.11.H 10-Inch C-900 1 LF $245.0000 1.11.H 12-Inch C-900 1 LF $255.0000 Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1218 Pipe Bursting - Furnish and Install - per Linear Foot Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. Item No.Description Quantity Unit Unit Price * 1.11.I 6-inch HDPE DR11 by Pre-Chlorinated Pipe Bursting 1 LF $185.0000 1.11.I 8-inch HDPE DR11 by Pre-Chlorinated Pipe Bursting 1 LF $195.0000 1.11.I 10-inch HDPE DR11 by Pre-Chlorinated Pipe Bursting 1 LF $205.0000 1.11.I 12-inch HDPE DR11 by Pre-Chlorinated Pipe Bursting 1 LF $235.0000 Valves and Fittings - Furnish and Install Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. HYDRANTS WILL BE FURNISHED BY THE CITY Item No.Description Quantity Unit Unit Price * 1.11.J 4-Inch Gate Valve 1 EA $1,875.0000 1.11.J 6-Inch Gate Valve 1 EA $2,070.0000 1.11.J 8-Inch Gate Valve 1 EA $2,600.0000 1.11.J 10-Inch Gate Valve 1 EA $3,245.0000 1.11.J 12-Inch Gate Valve 1 EA $4,910.0000 1.11.J Miscellaneous Fittings 1 per pound $10.0000 1.11.J Install Fire Hydrant on a 6-Inch Water Main 1 EA $8,000.0000 1.11.J Install Fire Hydrant on a 8-Inch Water Main 1 EA $8,500.0000 1.11.J Tee 6x6x6 1 EA $1,290.0000 1.11.J Tee 8x8x6 1 EA $1,450.0000 1.11.J Tee 8x8x8 1 EA $1,495.0000 1.11.J Tee 10x10x6 1 EA $1,705.0000 1.11.J Tee 10x10x8 1 EA $1,760.0000 1.11.J Tee 10x10x10 1 EA $1,800.0000 1.11.J Tee 12x12x6 1 EA $2,050.0000 1.11.J Tee 12x12x8 1 EA $2,110.0000 1.11.J Tee 12x12x10 1 EA $2,155.0000 1.11.J Tee 12x12x12 1 EA $2,199.0000 Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1219 Customer Connections - Furnish and Install - Single or Double Services - Up to 1-Inch Short Side Water Service Connection Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. SINGLE OR DOUBLE SERVICE - Up to 1-Inch Short Side Water Service Connection Item No.Description Quantity Unit Unit Price * 1.11.K 6-Inch Water Main 1 EA $1,445.0000 1.11.K 8-Inch Water Main 1 EA $1,580.0000 1.11.K 10-Inch Water Main 1 EA $1,980.0000 1.11.K 12-Inch Water Main 1 EA $2,100.0000 Customer Connections - Furnish and Install - Single or Double Services - Up to 2-Inch Short Side Water Service Connection Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. SINGLE OR DOUBLE SERVICE - Up to 2-Inch Short Side Water Service Connection Item No.Description Quantity Unit Unit Price * 1.11.K 6-Inch Water Main 1 EA $1,845.0000 1.11.K 8-Inch Water Main 1 EA $1,949.0000 1.11.K 10-Inch Water Main 1 EA $2,155.0000 1.11.K 12-Inch Water Main 1 EA $2,110.0000 Customer Connections - Furnish and Install - Single or Double Services - Up to 1-Inch Long Side Water Service Connection Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. SINGLE OR DOUBLE SERVICE - Up to 1-Inch Long Side Water Service Connection Item No.Description Quantity Unit Unit Price * 1.11.K 6-Inch Water Main 1 EA $2,155.0000 1.11.K 8-Inch Water Main 1 EA $2,199.0000 1.11.K 10-Inch Water Main 1 EA $2,515.0000 1.11.K 12-Inch Water Main 1 EA $3,100.0000 Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1220 Customer Connections - Furnish and Install - Single or Double Services - Up to 2-Inch Long Side Water Service Connection Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. SINGLE OR DOUBLE SERVICE - Up to 2-Inch Long Side Water Service Connection Item No.Description Quantity Unit Unit Price * 1.11.K 6-Inch Water Main 1 EA $2,550.0000 1.11.K 8-Inch Water Main 1 EA $2,815.0000 1.11.K 10-Inch Water Main 1 EA $3,165.0000 1.11.K 12-Inch Water Main 1 EA $3,694.0000 Line Stops - Furnish and Install Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. Item No.Description Quantity Unit Unit Price * 1.11.L 6-Inch Water Main 1 EA $9,525.0000 1.11.L 8-Inch Water Main 1 EA $11,725.0000 1.11.L 10-Inch Water Main 1 EA $14,655.0000 1.11.L 12-Inch Water Main 1 EA $17,587.0000 Dewatering - Furnish and Install Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. Item No.Description Quantity Unit Unit Price * 1.11.M Well Point Set Up 1 EA $4,000.0000 1.11.M Well Point Operation and Maintenance 1 DAY $325.0000 Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1221 Cost Estimate Proposal (Scenario #1) Please prepare each scenario outlined by using the items submitted on the Bid Schedule Form (pages 40-42). Submit the cost estimate proposal for each scenario through our e-procurement site. Vendors are required to fill each column for each item proposed for each scenario. For the line items listed under the scenarios labeled 'Applicable Permit Allowance' and ‘NPDES (if applicable) May Not Exceed 1.5% of the Project Cost,’ an estimated cost should be provided, if applicable to the scenario. The estimated cost is for informational purposes only and will not be used as a basis for awarding the contract. Bidders shall be deemed NON-RESPONSIVE if the cost estimate proposal for the scenarios is INCOMPLETE or CONTAINS ERRORS. Awarded Contractor shall be bound by the pricing submitted in the Bid Schedule. SCENARIO #1 - Six-inch water main (Asbestos Cement Pipe) that runs a length of 700 linear ft. (from east to west) through the easement of a residential neighborhood at 3 feet deep. This water main loops the system; 30 residents (15 long services [ six (6) 2-inch taps and double services] and 18 short side [18 single 1-inch services]) are connected to it. The six-inch water main is wet-tapped off of a 16-inch transmission water main that is in an FDOT roadway and ties into an eight-inch water main 400 linear feet away onto a city roadway. Both six-inch valves are not leaking and are in good condition. Restore asphalt 500 sq. ft. of FDOT-approved asphalt and any sod that needed to be removed. The utility wants the water main to be increased to an eight-inch water main. Item No.Description Quantity Unit Price Total 1 Mobilization / Demobilization 1 $40,000.0000 $ 40,000.00 3 MOT FDOT Road 1 $15,000.0000 $ 15,000.00 5 Pre- and Post- Construction Video 1 $3,500.0000 $ 3,500.00 7 Indemnification 1 $25.0000 $ 25.00 8 Sod 2500 $1.3000 $ 3,250.00 10 3" Asphalt 500 $15.0000 $ 7,500.00 17 8-inch HDPE Pipe Bursting 700 $195.0000 $ 136,500.00 22 8" Gate Valve 2 $2,600.0000 $ 5,200.00 25 Miscellaneous Fittings 120 $10.0000 $ 1,200.00 30 Tee 8X8X8 1 $1,495.0000 $ 1,495.00 39 8" up to 1" Short Service 18 $1,580.0000 $ 28,440.00 47 8" up to 1" Long Service 9 $2,199.0000 $ 19,791.00 51 8" up to 2" Long Service 6 $2,815.0000 $ 16,890.00 Subtotal:$ 278,791.00 Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1222 Cost Estimate Proposal (Scenario #2) Please prepare each scenario outlined by using the items submitted on the Bid Schedule Form (pages 40-42). Submit the cost estimate proposal for each scenario through our e-procurement site. Vendors are required to fill each column for each item proposed for each scenario. For the line items listed under the scenarios labeled 'Applicable Permit Allowance' and ‘NPDES (if applicable) May Not Exceed 1.5% of the Project Cost,’ an estimated cost should be provided, if applicable to the scenario. The estimated cost is for informational purposes only and will not be used as a basis for awarding the contract. Bidders shall be deemed NON-RESPONSIVE if the cost estimate proposal for the scenarios is INCOMPLETE or CONTAINS ERRORS. Awarded Contractor shall be bound by the pricing submitted in the Bid Schedule. SCENARIO #2 - Ten-inch (Cast Iron Pipe) water main that runs 800 linear ft. in utility right-of-way at 6 feet deep. At a distance of 250 linear feet, the 10-inch water main reduces to an 8-inch water main (cast iron). Where the water main reduces from a 10-inch to an 8-inch water main, there is a 10-inch x 8-inch reducer and an 8-inch gate valve. Two (2) fire hydrant with (2) individual valve, is connected to the water main. There are resident service lines that are fed by this water main, 10 long-side service lines, and 10 short-side service lines (water services connections to be connected to 8-inch water main) for a total of 20 resident service lines. Restore sod to various areas. The utility wants the water main to keep its size ration of 10 inches reduced down to 8 inches if possible. Item No.Description Quantity Unit Price Total 1 Mobilization / Demobilization 1 $40,000.0000 $ 40,000.00 2 MOT City Road 1 $10,000.0000 $ 10,000.00 5 Pre- and Post- Construction Video 1 $3,500.0000 $ 3,500.00 7 Indemnification 1 $25.0000 $ 25.00 8 Sod 2250 $1.3000 $ 2,925.00 17 8-inch HDPE Pipe Bursting 550 $195.0000 $ 107,250.00 18 10-inch HDPE Pipe Bursting 250 $205.0000 $ 51,250.00 21 6" Gate Valve 2 $2,070.0000 $ 4,140.00 22 8" Gate Valve 1 $2,600.0000 $ 2,600.00 25 Miscellaneous Fittings 160 $10.0000 $ 1,600.00 27 Install Fire Hydrant - 8" WM 2 $8,500.0000 $ 17,000.00 29 Tee 8X8X6 2 $1,450.0000 $ 2,900.00 39 8" up to 1" Short Service 10 $1,580.0000 $ 15,800.00 47 8" up to 1" Long Service 10 $2,199.0000 $ 21,990.00 Subtotal:$ 280,980.00 Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1223 Cost Estimate Proposal (Scenario #3) Please prepare each scenario outlined by using the items submitted on the Bid Schedule Form (pages 40-42). Submit the cost estimate proposal for each scenario through our e-procurement site. Vendors are required to fill each column for each item proposed for each scenario. For the line items listed under the scenarios labeled 'Applicable Permit Allowance' and ‘NPDES (if applicable) May Not Exceed 1.5% of the Project Cost,’ an estimated cost should be provided, if applicable to the scenario. The estimated cost is for informational purposes only and will not be used as a basis for awarding the contract. Bidders shall be deemed NON-RESPONSIVE if the cost estimate proposal for the scenarios is INCOMPLETE or CONTAINS ERRORS. Awarded Contractor shall be bound by the pricing submitted in the Bid Schedule. SCENARIO #3 - Six-inch water main (Asbestos Cement) that runs in utility right-of-way at a depth of four feet and a total length of 1000 linear feet. Presently, there are not enough fire hydrants on the street in order to meet fire suppression needs. The utility is asking that five (5) 8-inch x 6-inch tees be installed along the line; the position of tees will be specified by the utility, and five (5) 6-inch valves to coincide with each tee for future installation of five (5) fire hydrants. Fire hydrants will be installed by the utility at a later date. There are 20 short-side services and 20 long-side services for a total of 40 resident service lines (1-inch service line connections). The utility wants to upsize the water main from an 6-inch to a 8-inch water main. Item No.Description Quantity Unit Price Total 1 Mobilization / Demobilization 1 $40,000.0000 $ 40,000.00 2 MOT City Road 1 $10,000.0000 $ 10,000.00 5 Pre- and Post- Construction Video 1 $3,500.0000 $ 3,500.00 7 Indemnification 1 $25.0000 $ 25.00 8 Sod 3150 $1.3000 $ 4,095.00 17 8-inch HDPE Pipe Bursting 1000 $195.0000 $ 195,000.00 21 6" Gate Valve 5 $2,070.0000 $ 10,350.00 25 Miscellaneous Fittings 320 $10.0000 $ 3,200.00 29 Tee 8X8X6 5 $1,450.0000 $ 7,250.00 39 8" up to 1" Short Service 20 $1,580.0000 $ 31,600.00 47 8" up to 1" Long Service 20 $2,199.0000 $ 43,980.00 Subtotal:$ 349,000.00 Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1224 Summary Table Bid Form Amount Cost Estimate Proposal (Scenario #1)$ 278,791.00 Cost Estimate Proposal (Scenario #2)$ 280,980.00 Cost Estimate Proposal (Scenario #3)$ 349,000.00 Subtotal Contract Amount:$ 908,771.00 CERTIFICATION We (I), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (I) certify that we (I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation to Bid. Line Item Description Response *Options 1 Company Name Murphy Pipeline Contractors, LLC 2 Address 510 Shotgun Road, Unit 150 3 Telephone 954-842-4771 4 City Sunrise 5 State Florida 6 Zip Code 33326 7 Contractor's License Number CUC1226394 8 Federal Tax ID Number 59-3688714 9 Email address for above signer bids@puriscorp.com 10 Indicate which type of organization from the list in the Options Column Limited Liability Limited Liability Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1225 VENDOR DRUG FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug-free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 1. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 3. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after each conviction. 4. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 5. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Line Item Description Response * 1 I Hereby Acknowledge the Drug Free Information Above and Will Abide by Everything in this Section. Yes BIDDER'S QUALIFICATION STATEMENT Line Item Description Response * 1 How many years has your organization been in business under its present name? 5 Years 2 If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute. N/A 3 Under what former name (s) had your business operated? Also list former address(es) of that business, if any. Murphy Pipeline Contractors, Inc. 4 Have you ever been disbarred or suspended from doing business with any governmental entity? If Yes, explain. No 5 Are you licensed? If Yes, attach copy of license to submission package. Yes 6 Has your company ever declared bankruptcy? If Yes, explain. No Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1226 SCRUTINIZED COMPANIES DETERMINATION By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. CONTRACTOR further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to CONTRACTOR of the CITY’s determination concerning the false certification. CONTRACTOR shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONTRACTOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONTRACTOR does not demonstrate that the City's determination of false certification was made in error then the City shall have the right toterminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Line Item Description Response * 1 I Hereby Acknowledge the Scrutinized Companies - Florida Statute 287.135 and 215.473 Information Above and Will Abide by Everything Outlined in this Section. Yes No E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor’s affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Line Item Description Response * 1 I Hereby Acknowledge the E-VERIFY Information Above and Will Abide By Everything in this Section. Yes No Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1227 FIRM'S PRIMARY OWNERSHIP Line Item Description Response * 1 Does your firm employ more than 50 persons (including full-time and part-time employees) Yes 2 Is your firm a construction firm Yes 3 If you are a construction firm, is the average annual gross revenue for your firm for the past three years greater than $9 million? Yes 4 Which of the following best describes the gender of your firm's primary owner (at least 51% ownership) Male 5 Which of the following best describes the ethnicity of your firm's primary owner (at least 51%) Caucasian 6 Please select the current certification your firm holds: (Note: Proof of Certification must be included in Document Upload Section) None 7 Indicate the agency or agencies that have granted the certification to your firm.None PALM BEACH COUNTY INSPECTOR GENERAL The Bidder if awarded Contractor, is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. Line Item Description Response * 1 I Hereby Acknowledge the Palm Beach County Inspector General Information Above and Will Abide by Everything in this Section. Yes REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Line Item Company Name *Legal Address *Contact Name *Phone Number *Email Address * 1 City of Altamonte Springs 201-2011 Newbury Ave, Altamonte Springs, FL 32701 Trey Sisk 407-571-8572 tsisk@altamonte.org 2 Town of Longboat Key Public Works 600 General Harris Street Longboat Key, FL 34228 Isaac Brownman 941-822-6876 Jbrownman@longboatkey. org 3 City of Tampa, FL 315 E. Kennedy Blvd., Tampa, FL 33602 Brad Williamson 813-337-5222 brad.williamson@kiewit.co m 4 CMG Pipelines 4736 W. Napoleon Ave. STE 201 Metairie, LA 70001 Carmelo Gutierrez 504-875-9801 Carmelo@cmgpipelines.c om 5 ARKK Engineering 7322 Southwest FWY Houston, TX 77074 Madhu Kilambi 713-400-2755 Madhu.kilambi@arkkengin eers.com Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1228 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. SUBCONTRACTORS The Bidder / Proposer shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders / Proposers shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. By clicking here I confirm that there are no Subcontractor(s)/Subconsultant(s) and the Bidder shall perform the project with their “OWN FORCES”. Line Item Work to be Performed *% Total Contract *Contractor License No. *Subcontractor Name / Address *Subcontractor Phone/Email * 1 Geotechnical Engineering Less than 5%TBD East Coast Testing & Engineering Denise Smith / 954-972-7645 2 Concrete Restoration Less than 5%TBD A&M Brothers Concrete Corp Valdemiro DaSilva / 786-422- 5357 3 Milling & Paving Less than 5%TBD C&R Milling & Paving Sandy Kitts / 305-686-2022 4 Thermoplastic Striping Less than 5%TBD Precise Striping Charlie Blackburn / 954-380- 7303 Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. Bid Bond and Bid Bond Acknowledgement - Bid Bond Acknowledgement.pdf - Wednesday May 21, 2025 13:57:32 Non Collusive Affidavit & Acknowledgement - Non Collusion Affidavit.pdf - Wednesday May 21, 2025 13:32:34 Scrutinized Companies and E-Verify Affidavits - EVerify Affidavit.pdf - Wednesday May 21, 2025 13:35:29 Foreign Entity Ownership Affidavit - Foreign Entity Affidavit.pdf - Wednesday May 21, 2025 13:48:52 Anti Human Trafficking Affidavit - Anti Trafficking Laws Affidavit.pdf - Wednesday May 21, 2025 13:33:19 Trench Safety Act Affidavit - Trench Safety Affidavit.pdf - Wednesday May 21, 2025 13:38:10 Proof of State Certified or County Competency Licenses - FL Contractors License.pdf - Wednesday May 21, 2025 13:53:14 Certificate of Insurance - MPC - Sample COI - 2025.PDF - Wednesday May 21, 2025 13:38:30 IRS Form W-9 - W9 - 01.2025.pdf - Wednesday May 21, 2025 13:33:40 Anti Kickback Affidavit - Anti Kickback Affidavit.pdf - Wednesday May 21, 2025 13:34:05 Additional Document (optional) Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1229 Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1230 Addenda, Terms and Conditions Unless otherwise agreed to by the City of Boynton Beach (“City”), the following Standard Terms and Conditions are applicable to this solicitation and the resulting Agreement. The term “vendor,” as used below, may collectively apply to vendors, bidders, proposers, consultants, contractors, subcontractors, and subconsultants. Any and all special conditions in this ITB or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 3.1 FAMILIARITY AND COMPLIANCE WITH LAWS, LEGAL CONDITIONS CODES AND REGULATIONS: Before submitting a bid for this ITB, bidders shall familiarize themselves and comply with all federal, state, and local laws, including the hours of labor on municipal work in the State of Florida, the Charter of the City of Boynton, all ordinances, and regulations applicable to the services and project contemplated herein, including those applicable to conflict of interest and collusion. Bidders must familiarize themselves with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the goods/services offered and any other applicable federal requirements now in effect or imposed in the future. Lack of knowledge by the Bidder shall not be a cause for relief from responsibility. 3.2 CONFLICT OF INTEREST The award is subject to all conflict-of-interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 3.3 DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 3.4 FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 3.5 PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips, and all correspondence concerning the order. 3.6 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Proposer certifies that all material, equipment, etc., contained in this bid submission meets all O.S.H.A. requirements. Proposer further certifies that if awarded as the Consultant, 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 Proposer. Proposer certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 3.7 PALM BEACH COUNTY INSPECTOR GENERAL: The Bidder and, if awarded Contractor, is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. The Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractors or its sub-contractors or lower-tier sub-contractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this Agreement justifying its termination. 3.8 OTHER AGENCIES Any Agreement(s) resulting from this ITB and from this submitted bid may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement under the same prices, terms, and conditions if agreed to by both parties. It is understood that at no time will any city, county, municipality, or other agency be obligated to place an order for any other city, county, municipality, or agency, nor will any city, county municipality, or agency be obligated for any bills incurred by any other city, county, municipality, or agency. Further, it is understood that each agency will issue its own purchase order or contract to the awarded Bidder(s). Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1231 3.9 VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting Agreement will be held exclusively in Palm Beach County and shall be interpreted according to the laws of Florida. 3.10 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT 3.10.1 The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. 3.10.2 During the performance of the Agreement, the Consultant and its sub-consultants shall not discriminate against any employee or applicant for employment because of race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. 3.10.3 The Consultant will take affirmative action to ensure that employees and those of its sub-consultants are treated during employment, without regard to their race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. 3.10.4 Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 3.10.5 The Consultant and its sub-consultants shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 3.10.6 The Consultant further agrees that they will ensure that all sub-consultants, if any, will be made aware of and will comply with this nondiscrimination clause. 3.10.7 The Consultant 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 City contracts, or other sanctions. 3.11 INDEPENDENT CONTRACTOR RELATIONSHIP: The Bidder and, if awarded Contractor, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting Agreement, an independent Contractor and not an employee or agent of the City. All persons engaged in any of the work or services performed pursuant to the Agreement shall, at all times and in all places, be subject to the Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Contractor’s relationship, and the relationship of its employees, to the City shall be that of an independent contractor and not as employees or agents of the City. 3.12 OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Contractor of supplying such product(s) or service as specified. 3.13 LEGAL EXPENSES: The City shall not be liable to a Bidder for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the Agreement, or any other matter generated by or relating to the Agreement. 3.14 NO THIRD-PARTY BENEFICIARIES: No provision of this ITB or agreement/contract to follow with a contractor 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 the agreement/contract, including but not limited to any citizen or employees of the City and/or Bidder. 3.15 SCRUTINIZED COMPANIES: By submission of a bid submission for this solicitation, Consultant, its principals, or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a bid for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Agreement, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or One million dollars or more if, at the time of bidding on, submitting a bid for, or entering into or renewing such Contract, the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Syria. 3.16 NON-EXCLUSIVE Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1232 As may be applicable, the City reserves the right to acquire some or all of these goods and services through a State of Florida contract pursuant to the City’s Procurement Policy, provided the State of Florida 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 City reserves the right to award other agreements for goods and services falling within the scope of this solicitation and resultant Agreement when the specifications differ from this solicitation or resultant Agreement, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant Agreement. 3.17 ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Proposer in any way, manner, or form. This includes the City logo on websites or other advertising materials. 3.18 DRUG-FREE WORKPLACE The Contractor shall implement and maintain a drug-free workplace program of at least the following items: 3.18.1 Publish a statement notifying employees that 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. 3.18.2 Inform employees about the dangers of drug abuse in the workplace, the Bidder’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. 3.18.3 Give each employee engaged in providing the services that are under contract a copy of the statement specified in Item A above. 3.18.4 In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under contract, the employee will abide by the terms of the statement and will notify the Proposer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) calendar days after such conviction or plea. 3.18.5 Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, for any employee who is so convicted or so pleads. 3.18.6 Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes. 3.19 PROHIBITED TELECOMMUNICATIONS EQUIPMENT Bidder represents and certifies that Bidder and all Sub-contractors do not use 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, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Proposer represents and certifies that Proposer and all Sub-consultants shall not provide or use such covered telecommunications equipment, system, or services during the Term. 3.20 RIGHTS IN DATA Except if otherwise agreed to in writing, the City 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 Proposer pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 3.21 DOCUMENTATION OF COSTS All costs submitted shall be supported by properly executed payrolls, time records, invoices, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the resulting contract/agreement shall be clearly identified and regularly accessible and provided to the City upon request. 3.22 PUBLIC RECORDS Sealed documents received by the City in response to an Invitation to Bid are exempt from public records disclosure unless they are subject to Florida Statute 255.0518 until thirty (30) calendar days after the opening of the ITB unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. The Consultant agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings, or data relating to the Agreement which have been created as a part of the vendor's services or authorized by the City as a reimbursable expense, whether generated directly by the Consultant, or by or in conjunction or consultation with any other party whether or not a party to the Agreement, whether or not in privity of contract with the City or the Consultant, and wherever located shall be the property of the City. Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1233 Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. All submitted information that the responding Proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07, Chapter 688, and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida’s Public Records Law. Specifically, the Consultant shall: A. Keep and maintain public records required by the City to perform the service. B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the Agreement, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the Agreement, the Contractor shall transfer to the City, at no cost to the City, all public records in the Contractor’s possession. All records stored electronically by the Contractor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. Failure of the Contractor 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. The City shall have the right to exercise all remedies available to it for breach of agreement/contract, including but not limited to the right to terminate for cause. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 3.23 SOVEREIGN IMMUNITY Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Thomas Gottsegen, Chief Legal Officer & Assistant Secretary, Murphy Pipeline Contractors, LLC The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1234 File Name I have reviewed the below addendum and attachments (if applicable) Pages 25-20RB Addendum No. 5 Thu May 22 2025 12:57 PM 1 25-20RB Addendum No. 4 Wed May 21 2025 03:48 PM 1 25-20RB Addendum No. 3 Wed May 21 2025 02:27 PM 1 25-20RB Addendum No. 2 Mon May 12 2025 11:26 AM 1 25-20RB Addendum No. 1 Thu May 1 2025 09:38 AM 2 Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC1235 Murphy Pipeline Contractors, LLC 510 Shotgun Road, Unit 150 Sunrise, FL 33326 PURIS FAMILY OF COMPANIES Inliner Solutions | Inland Waters Pollution Control | LiquiForce | PM Construction | Murphy Pipeline Contractors | Liner Products Bid Bond / Bid Bond Acknowledgement A Bid Bond is not required for this bid, per Section I – Instruction to Bidders – Submission Requirements, Item 1.12 Bid Bond Guaranty Submittal. 1236 1237 1238 1239 1240 1241 1242 1243 1244 Trenching Shoring LF 1 $10.00 $10.00 Manual Installation 1245 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE UNDERGROUND UTILITY & EXCAVATION CO HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESANNETT, JAMIE ADAMDo not alter this document in any form.MURPHY PIPELINE CONTRACTORS, LLCLICENSE NUMBER: CUC1226394EXPIRATION DATE: AUGUST 31, 2026This is your license. It is unlawful for anyone other than the licensee to use this document.510 SHOTGUN ROADSUITE 150SUNRISE FL 33326Always verify licenses online at MyFloridaLicense.comISSUED: 04/08/20251246 Murphy Pipeline Contractors, LLC Licenses & Prequalifications PURIS Entity Name Authority State Type of License Qualifier Bidding Limit Work Class Status License #Expiration Date Murphy Pipeline Contractors, LLC Iowa IA Contractor Registration Active C147137 4/9/2025 Murphy Pipeline Contractors, LLC Florida FL Certified Underground Utility & Excavation Contractor - TEMPORARY NONRENEWABLE CERTIFICATION Benjamin Edmund Trapuzzano III Active N/A 4/10/2025 Murphy Pipeline Contractors, LLC Maryland MD Business License - Construction firm Active 16264480 4/30/2025 Murphy Pipeline Contractors, LLC System for Award Management (SAM) Vendor Registration Active Unique Entity ID: DF84JLDQJQ37 / CAGE: 1YNQ3 5/9/2025 Murphy Pipeline Contractors, LLC Nebraska NE Contractor Registration Active 44778-24 5/23/2025 Murphy Pipeline Contractors, LLC Mississippi MS Contractor License New Qualifier Pending Underground Utilities Active 25413-MC 7/12/2025 Murphy Pipeline Contractors, LLC Connecticut DOAS CT Construction Contractor Prequalification Sewer and Water Lines Active N/A 8/14/2025 Murphy Pipeline Contractors, LLC Detroit, MI MI Office of the Treasury - Business Clearance Application Active N/A 8/26/2025 Murphy Pipeline Contractors, LLC Utah UT Contractor License - Contractor with LRF New Qualifier Pending S410 - Boiler, Pipeline, Waste and Cond Active 12466689-5501 11/30/2025 Murphy Pipeline Contractors, LLC California CA Contractor License Fil Borroni (RME)A-General Enginnering Active 1113710 12/31/2025 Murphy Pipeline Contractors, LLC Alaska AK Business License 23-Construction Active 2202016 12/31/2025 Murphy Pipeline Contractors, LLC Delaware DE Active Business License - Non-Resident Contractor Active 2024707605 12/31/2025 Murphy Pipeline Contractors, LLC North Dakota ND Contractor License Unlimited Class A Active 000047923 3/12026 Murphy Pipeline Contractors, LLC Louisiana LA Contractor Commercial License Eric Haenlein Highway, Street and Bridge Construction, Muncipal and Public Works Construction Active 62296 3/7/2026 Murphy Pipeline Contractors, LLC Ohio OH Contractor Compliance Certification (Office of Diversity and Inclusion - ODI) Active CC-048785 4/11/2026 Murphy Pipeline Contractors, LLC Michigan DOT MI DOT - Prequalification 235889000 K Active 7635 4/30/2026 Murphy Pipeline Contractors, LLC District of Columbia DC Basic Business License - General Contactor's License Active 410524000782 4/30/2026 Murphy Pipeline Contractors, LLC Tennessee TN Contractor License Jamie Annett Ben Trapuzzano Unlimited MU-A, MU-C, MU-D Active 81485 7/31/2026 Murphy Pipeline Contractors, LLC Alaska AK Professional License Construction Contractor: Specialty: Water and Sewer Contractor Active 228053 9/30/2026 Murphy Pipeline Contractors, LLC City of Baltimore, MD MD Prequalification $171,850,000.00 B-02551-Water Mains / B-02552 Sewer Construction Active 11598 1/8/2027 Updated: 3/10/2025 Page 1 of 3 1247 Murphy Pipeline Contractors, LLC Licenses & Prequalifications PURIS Entity Name Authority State Type of License Qualifier Bidding Limit Work Class Status License #Expiration Date Murphy Pipeline Contractors, LLC Rhode Island RI Underground Utility License Jamie Annett Underground Utility Contractor Active UU-44291 2/12/2027 Murphy Pipeline Contractors, LLC Indiana DOA IN Prequalified Contractor 1623.03 & 1623.04 Active N/A 3/4/2027 Murphy Pipeline Contractors, LLC City of Baltimore, MD MD Affirmative Action Plan Affidavit & Work Force Analysis Report Active N/A 12/31/2027 Murphy Pipeline Contractors, LLC Illinois IL Department of Human Rights Current, Eligible Bidder / Vendor Active 12082 2/5/2030 Murphy Pipeline Contractors, LLC Indiana DOA IN Bidder ID Active 0000067290 DOES NOT EXPIRE Updated: 3/10/2025 Page 2 of 3 1248 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/28/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Alliant Insurance Services Houston, LLC 1330 Post Oak Blvd., Suite 300 Houston, TX 77056 CONTACT NAME: Brett Sauer PHONE (A/C, No, Ext): 602-707-1931 FAX (A/C, No): 602-707-1932 E-MAIL ADDRESS: Brett.Sauer@alliant.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Greenwich Insurance Company 22322 INSURED Murphy Pipeline Contractors, LLC 12235 New Berlin Road Jacksonville, FL 32226 INSURER B: Various INSURER C: XL Specialty Insurance Company 37885 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CGD740922012 04/01/2025 04/01/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY CAD740922112 04/01/2025 04/01/2026 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS ONLY NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ $ B UMBRELLA LIAB X OCCUR Various 04/01/2025 04/01/2026 EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION $ $ C WORKERS COMPENSATION Y/N N/A CWD740921912 04/01/2025 04/01/2026 X PER STATUTE OTH- ER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N E.L. EACH ACCIDENT $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Policies below are excess of the General Liability, Auto Liability, and Employer’s Liability: Carrier Name Policy Number Limit NAIC # AXIS Surplus Insurance Company P-001-001149935-03 $3,000,000 26620 Starr Indemnity & Liability Company 1000585633251 83.33% po $7,000,000 xs $3,000,000 38318 Westfield Specialty Insurance Company XSL-311411V-02 16.67% po $7,000,000 xs $3,000,000 16992 CERTIFICATE HOLDER CANCELLATION Murphy Pipeline Contractors, LLC 12235 New Berlin Road Jacksonville, FL 32226 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1249 Form W-9 (Rev. March 2024) Request for Taxpayer Identification Number and Certification Department of the Treasury Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information. Give form to the requester. Do not send to the IRS. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.Print or type. See Specific Instructions on page 3.1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.) 2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor C corporation S corporation Partnership Trust/estate LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . . . . Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner. Other (see instructions) 3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . . . . . . 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any) (Applies to accounts maintained outside the United States.) 5 Address (number, street, and apt. or suite no.). See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person Date General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. What’s New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification. New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) 01/02/2025 1250 1251 25-020RB - Pre-Chlorinated Pipe Bursting of Potable Water Mains Opening Date: April 21, 2025 8:00 AM Closing Date: May 23, 2025 2:30 PM Vendor Details Company Name:Killebrew, Inc. Address: 2830 Winter Lake rd Lakeland, Florida 33803 Contact:Dusty Stephens Email:dusty@killebrewinc.net Phone:863-701-0273 Fax:863-701-9204 HST#:59-2952542 Submission Details Created On:Wednesday May 21, 2025 14:37:15 Submitted On:Friday May 23, 2025 10:06:08 Submitted By:Dusty Stephens Email:dusty@killebrewinc.net Transaction #:c1e43277-90a7-4c52-aa81-e3ab8735e2d6 Submitter's IP Address:147.243.243.135 Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1252 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. Indemnification Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Bidder shall be responsible for inspecting, examining, and verifying existing conditions. Bidder is responsible for familiarizing themselves with the nature and extent of the contract documents, the work, the locality, and with all local conditions and regulatory requirements that may, in any manner affect costs, progress, or performance of work. Bidder agrees to furnish all labor, material, tools, qualified supervision, equipment, accessory material, required bonds, insurance, and permits necessary to complete the proper performance of the work described herein. It is the intent of the City to award this to the lowest responsive/responsible Bidder based on the Grand Total Bid Amount. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. This bid will remain subject to acceptance for One Hundred Twenty (120) calendar days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) calendar days prior to the date of the City's Award. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Bidder has given the City written notice of all conflicts, errors, or discrepancies that it has discovered in the contract documents, and the written resolution thereof by the City is acceptable to Bidder. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. Bidder will complete the Work for the prices shown in the "Bid Form”. Bidder agrees that the Work will be substantially performed and completed in accordance with the schedules established herein. Item No.Description Quantity Unit Unit Price Total 1.11.E Indemnification 1 Lump Sum $25.0000 $ 25.00 Subtotal:$ 25.00 Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1253 General Conditions Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. FOR ITEM NO. 1.11.B (APPLICABLE PERMIT ALLOWANCE), ENTER A ZERO (0) AS THE UNIT COST. FOR ITEM NO. 1.11.D (NPDES MAY NOT EXCEED 1.5% OF THE PROJECT COST), ENTER A ZERO (0) AS THE UNIT COST. Item No.Description Quantity Unit Unit Price * 1.11.A Mobilization/Demobilization per Project 1 LS $25,000.0000 1.11.A Maintenance of Traffic (MOT) Plan per Project, City Right-of-Way 1 LS $15,000.0000 1.11.A Maintenance of Traffic (MOT) Plan per Project, Palm Beach County FDOT Roadway 1 LS $20,000.0000 1.11.B Applicable Permit Allowance (actual cost reimbursement by the City) 1 EA $1,500.0000 1.11.C Pre- and Post- Construction Video 1 LS $2,000.0000 1.11.D NPDES (if applicable) May Not Exceed 1.5% of the Project Cost 1 EA $4,500.0000 Surface Restoration Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. Item No.Description Quantity Unit Unit Price * 1.11.F Sod 1 SF $2.0000 1.11.F 6" Concrete 1 SF $45.0000 1.11.F 3" Asphalt 1 SF $25.0000 1.11.G Curb 1 LF $100.0000 Open Cut Water Main - Furnish and Install Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. Item No.Description Quantity Unit Unit Price * 1.11.H 6-Inch C-900 1 LF $150.0000 1.11.H 8-Inch C-900 1 LF $160.0000 1.11.H 10-Inch C-900 1 LF $170.0000 1.11.H 12-Inch C-900 1 LF $180.0000 Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1254 Pipe Bursting - Furnish and Install - per Linear Foot Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. Item No.Description Quantity Unit Unit Price * 1.11.I 6-inch HDPE DR11 by Pre-Chlorinated Pipe Bursting 1 LF $100.0000 1.11.I 8-inch HDPE DR11 by Pre-Chlorinated Pipe Bursting 1 LF $120.0000 1.11.I 10-inch HDPE DR11 by Pre-Chlorinated Pipe Bursting 1 LF $140.0000 1.11.I 12-inch HDPE DR11 by Pre-Chlorinated Pipe Bursting 1 LF $200.0000 Valves and Fittings - Furnish and Install Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. HYDRANTS WILL BE FURNISHED BY THE CITY Item No.Description Quantity Unit Unit Price * 1.11.J 4-Inch Gate Valve 1 EA $2,500.0000 1.11.J 6-Inch Gate Valve 1 EA $3,500.0000 1.11.J 8-Inch Gate Valve 1 EA $4,500.0000 1.11.J 10-Inch Gate Valve 1 EA $5,500.0000 1.11.J 12-Inch Gate Valve 1 EA $6,500.0000 1.11.J Miscellaneous Fittings 1 per pound $20.0000 1.11.J Install Fire Hydrant on a 6-Inch Water Main 1 EA $6,000.0000 1.11.J Install Fire Hydrant on a 8-Inch Water Main 1 EA $7,000.0000 1.11.J Tee 6x6x6 1 EA $1,000.0000 1.11.J Tee 8x8x6 1 EA $1,200.0000 1.11.J Tee 8x8x8 1 EA $1,500.0000 1.11.J Tee 10x10x6 1 EA $2,000.0000 1.11.J Tee 10x10x8 1 EA $2,500.0000 1.11.J Tee 10x10x10 1 EA $3,000.0000 1.11.J Tee 12x12x6 1 EA $3,500.0000 1.11.J Tee 12x12x8 1 EA $4,000.0000 1.11.J Tee 12x12x10 1 EA $4,500.0000 1.11.J Tee 12x12x12 1 EA $5,500.0000 Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1255 Customer Connections - Furnish and Install - Single or Double Services - Up to 1-Inch Short Side Water Service Connection Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. SINGLE OR DOUBLE SERVICE - Up to 1-Inch Short Side Water Service Connection Item No.Description Quantity Unit Unit Price * 1.11.K 6-Inch Water Main 1 EA $1,500.0000 1.11.K 8-Inch Water Main 1 EA $1,600.0000 1.11.K 10-Inch Water Main 1 EA $1,700.0000 1.11.K 12-Inch Water Main 1 EA $1,800.0000 Customer Connections - Furnish and Install - Single or Double Services - Up to 2-Inch Short Side Water Service Connection Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. SINGLE OR DOUBLE SERVICE - Up to 2-Inch Short Side Water Service Connection Item No.Description Quantity Unit Unit Price * 1.11.K 6-Inch Water Main 1 EA $1,600.0000 1.11.K 8-Inch Water Main 1 EA $1,700.0000 1.11.K 10-Inch Water Main 1 EA $1,800.0000 1.11.K 12-Inch Water Main 1 EA $1,900.0000 Customer Connections - Furnish and Install - Single or Double Services - Up to 1-Inch Long Side Water Service Connection Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. SINGLE OR DOUBLE SERVICE - Up to 1-Inch Long Side Water Service Connection Item No.Description Quantity Unit Unit Price * 1.11.K 6-Inch Water Main 1 EA $3,500.0000 1.11.K 8-Inch Water Main 1 EA $3,600.0000 1.11.K 10-Inch Water Main 1 EA $3,700.0000 1.11.K 12-Inch Water Main 1 EA $3,800.0000 Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1256 Customer Connections - Furnish and Install - Single or Double Services - Up to 2-Inch Long Side Water Service Connection Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. SINGLE OR DOUBLE SERVICE - Up to 2-Inch Long Side Water Service Connection Item No.Description Quantity Unit Unit Price * 1.11.K 6-Inch Water Main 1 EA $4,000.0000 1.11.K 8-Inch Water Main 1 EA $4,500.0000 1.11.K 10-Inch Water Main 1 EA $5,500.0000 1.11.K 12-Inch Water Main 1 EA $6,000.0000 Line Stops - Furnish and Install Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. Item No.Description Quantity Unit Unit Price * 1.11.L 6-Inch Water Main 1 EA $10,000.0000 1.11.L 8-Inch Water Main 1 EA $11,000.0000 1.11.L 10-Inch Water Main 1 EA $12,000.0000 1.11.L 12-Inch Water Main 1 EA $15,000.0000 Dewatering - Furnish and Install Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. Item No.Description Quantity Unit Unit Price * 1.11.M Well Point Set Up 1 EA $5,000.0000 1.11.M Well Point Operation and Maintenance 1 DAY $1,000.0000 Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1257 Cost Estimate Proposal (Scenario #1) Please prepare each scenario outlined by using the items submitted on the Bid Schedule Form (pages 40-42). Submit the cost estimate proposal for each scenario through our e-procurement site. Vendors are required to fill each column for each item proposed for each scenario. For the line items listed under the scenarios labeled 'Applicable Permit Allowance' and ‘NPDES (if applicable) May Not Exceed 1.5% of the Project Cost,’ an estimated cost should be provided, if applicable to the scenario. The estimated cost is for informational purposes only and will not be used as a basis for awarding the contract. Bidders shall be deemed NON-RESPONSIVE if the cost estimate proposal for the scenarios is INCOMPLETE or CONTAINS ERRORS. Awarded Contractor shall be bound by the pricing submitted in the Bid Schedule. SCENARIO #1 - Six-inch water main (Asbestos Cement Pipe) that runs a length of 700 linear ft. (from east to west) through the easement of a residential neighborhood at 3 feet deep. This water main loops the system; 30 residents (15 long services [ six (6) 2-inch taps and double services] and 18 short side [18 single 1-inch services]) are connected to it. The six-inch water main is wet-tapped off of a 16-inch transmission water main that is in an FDOT roadway and ties into an eight-inch water main 400 linear feet away onto a city roadway. Both six-inch valves are not leaking and are in good condition. Restore asphalt 500 sq. ft. of FDOT-approved asphalt and any sod that needed to be removed. The utility wants the water main to be increased to an eight-inch water main. Item No.Description Quantity Unit Price Total 1 Mobilization/Demobilization 1 $25,000.0000 $ 25,000.00 2 MOT 1 $15,000.0000 $ 15,000.00 4 Permits 1 $1,500.0000 $ 1,500.00 5 Pre - Post Construction Video 1 $2,000.0000 $ 2,000.00 6 NPDES 1.5%1 $4,500.0000 $ 4,500.00 7 Indemnification 1 $25.0000 $ 25.00 8 Sod 300 $2.0000 $ 600.00 10 3" Asphalt 500 $25.0000 $ 12,500.00 13 8" C900 100 $160.0000 $ 16,000.00 17 8" DR11 PC WM PB 700 $120.0000 $ 84,000.00 25 Misc MJ Fittings 1000 $20.0000 $ 20,000.00 39 8x1 Short Service 18 $1,600.0000 $ 28,800.00 47 8x1 Long Sevice 15 $3,600.0000 $ 54,000.00 51 8x2 Long Service in Casing 6 $4,500.0000 $ 27,000.00 58 Well Point Setup 4 $5,000.0000 $ 20,000.00 59 Wellpoint Operation and Maintenace 10 $1,000.0000 $ 10,000.00 Subtotal:$ 320,925.00 Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1258 Cost Estimate Proposal (Scenario #2) Please prepare each scenario outlined by using the items submitted on the Bid Schedule Form (pages 40-42). Submit the cost estimate proposal for each scenario through our e-procurement site. Vendors are required to fill each column for each item proposed for each scenario. For the line items listed under the scenarios labeled 'Applicable Permit Allowance' and ‘NPDES (if applicable) May Not Exceed 1.5% of the Project Cost,’ an estimated cost should be provided, if applicable to the scenario. The estimated cost is for informational purposes only and will not be used as a basis for awarding the contract. Bidders shall be deemed NON-RESPONSIVE if the cost estimate proposal for the scenarios is INCOMPLETE or CONTAINS ERRORS. Awarded Contractor shall be bound by the pricing submitted in the Bid Schedule. SCENARIO #2 - Ten-inch (Cast Iron Pipe) water main that runs 800 linear ft. in utility right-of-way at 6 feet deep. At a distance of 250 linear feet, the 10-inch water main reduces to an 8-inch water main (cast iron). Where the water main reduces from a 10-inch to an 8-inch water main, there is a 10-inch x 8-inch reducer and an 8-inch gate valve. Two (2) fire hydrant with (2) individual valve, is connected to the water main. There are resident service lines that are fed by this water main, 10 long-side service lines, and 10 short-side service lines (water services connections to be connected to 8-inch water main) for a total of 20 resident service lines. Restore sod to various areas. The utility wants the water main to keep its size ration of 10 inches reduced down to 8 inches if possible. Item No.Description Quantity Unit Price Total 1 Mobilization/Demobilization 1 $25,000.0000 $ 25,000.00 2 MOT 1 $15,000.0000 $ 15,000.00 4 Permits 1 $1,500.0000 $ 1,500.00 5 Pre - Post Construction Video 1 $2,000.0000 $ 2,000.00 6 NPDES 1.5%1 $4,500.0000 $ 4,500.00 7 Indemnification 1 $25.0000 $ 25.00 8 Sod 1000 $2.0000 $ 2,000.00 9 6" Concrete 250 $45.0000 $ 11,250.00 10 3" Asphalt 250 $25.0000 $ 6,250.00 13 8" C900 20 $160.0000 $ 3,200.00 14 10" C900 20 $170.0000 $ 3,400.00 17 8" DR11 PC WM PB 550 $120.0000 $ 66,000.00 18 10" DR11 PC WM PB 250 $140.0000 $ 35,000.00 21 6" GV 2 $3,500.0000 $ 7,000.00 22 8" GV 1 $4,500.0000 $ 4,500.00 25 Misc MJ Fittings 500 $20.0000 $ 10,000.00 27 FH on 8"2 $7,000.0000 $ 14,000.00 29 8x6 Tee 2 $1,200.0000 $ 2,400.00 39 8x1 Short Service 10 $1,600.0000 $ 16,000.00 47 8x1 Long Service 10 $3,600.0000 $ 36,000.00 58 Well Point Setup 5 $5,000.0000 $ 25,000.00 59 Wellpoint Operation and Maintenance 10 $1,000.0000 $ 10,000.00 Subtotal:$ 300,025.00 Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1259 Cost Estimate Proposal (Scenario #3) Please prepare each scenario outlined by using the items submitted on the Bid Schedule Form (pages 40-42). Submit the cost estimate proposal for each scenario through our e-procurement site. Vendors are required to fill each column for each item proposed for each scenario. For the line items listed under the scenarios labeled 'Applicable Permit Allowance' and ‘NPDES (if applicable) May Not Exceed 1.5% of the Project Cost,’ an estimated cost should be provided, if applicable to the scenario. The estimated cost is for informational purposes only and will not be used as a basis for awarding the contract. Bidders shall be deemed NON-RESPONSIVE if the cost estimate proposal for the scenarios is INCOMPLETE or CONTAINS ERRORS. Awarded Contractor shall be bound by the pricing submitted in the Bid Schedule. SCENARIO #3 - Six-inch water main (Asbestos Cement) that runs in utility right-of-way at a depth of four feet and a total length of 1000 linear feet. Presently, there are not enough fire hydrants on the street in order to meet fire suppression needs. The utility is asking that five (5) 8-inch x 6-inch tees be installed along the line; the position of tees will be specified by the utility, and five (5) 6-inch valves to coincide with each tee for future installation of five (5) fire hydrants. Fire hydrants will be installed by the utility at a later date. There are 20 short-side services and 20 long-side services for a total of 40 resident service lines (1-inch service line connections). The utility wants to upsize the water main from an 6-inch to a 8-inch water main. Item No.Description Quantity Unit Price Total 1 Mobilization/Demobilization 1 $25,000.0000 $ 25,000.00 2 MOT 1 $15,000.0000 $ 15,000.00 4 Permits 1 $1,500.0000 $ 1,500.00 5 Pre - Post Video 1 $2,000.0000 $ 2,000.00 6 NPDES 1.5%1 $4,500.0000 $ 4,500.00 7 Indemnification 1 $25.0000 $ 25.00 8 Sod 1000 $2.0000 $ 2,000.00 9 6" Concrete 1000 $45.0000 $ 45,000.00 10 3" Asphalt 500 $25.0000 $ 12,500.00 13 8" C900 40 $160.0000 $ 6,400.00 17 8" DR11 PC WM PB 1000 $120.0000 $ 120,000.00 21 6" GV 5 $3,500.0000 $ 17,500.00 25 Misc MJ Fittings 500 $20.0000 $ 10,000.00 29 8x6 Tee 5 $1,200.0000 $ 6,000.00 39 8x1 Short Service 20 $1,600.0000 $ 32,000.00 47 8x1 Long Service 20 $3,600.0000 $ 72,000.00 58 Well Point Setup 5 $5,000.0000 $ 25,000.00 59 Wellpoint Operation and Maintenance 10 $1,000.0000 $ 10,000.00 Subtotal:$ 406,425.00 Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1260 Summary Table Bid Form Amount Cost Estimate Proposal (Scenario #1)$ 320,925.00 Cost Estimate Proposal (Scenario #2)$ 300,025.00 Cost Estimate Proposal (Scenario #3)$ 406,425.00 Subtotal Contract Amount:$ 1,027,375.00 CERTIFICATION We (I), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (I) certify that we (I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation to Bid. Line Item Description Response *Options 1 Company Name Killebrew Inc. 2 Address P.O Box 6258 Lakeland, FL 33807 3 Telephone (863)701-0273 4 City Lakeland 5 State Florida 6 Zip Code 33807 7 Contractor's License Number CGC1515807 8 Federal Tax ID Number 59-2952542 9 Email address for above signer rich@killebrewinc.net 10 Indicate which type of organization from the list in the Options Column Corporation Corporation Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1261 VENDOR DRUG FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug-free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 1. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 3. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after each conviction. 4. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 5. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Line Item Description Response * 1 I Hereby Acknowledge the Drug Free Information Above and Will Abide by Everything in this Section. Yes BIDDER'S QUALIFICATION STATEMENT Line Item Description Response * 1 How many years has your organization been in business under its present name? 36 Years 2 If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute. No 3 Under what former name (s) had your business operated? Also list former address(es) of that business, if any. No 4 Have you ever been disbarred or suspended from doing business with any governmental entity? If Yes, explain. No 5 Are you licensed? If Yes, attach copy of license to submission package. Yes 6 Has your company ever declared bankruptcy? If Yes, explain. No Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1262 SCRUTINIZED COMPANIES DETERMINATION By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. CONTRACTOR further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to CONTRACTOR of the CITY’s determination concerning the false certification. CONTRACTOR shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONTRACTOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONTRACTOR does not demonstrate that the City's determination of false certification was made in error then the City shall have the right toterminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Line Item Description Response * 1 I Hereby Acknowledge the Scrutinized Companies - Florida Statute 287.135 and 215.473 Information Above and Will Abide by Everything Outlined in this Section. Yes No E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor’s affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Line Item Description Response * 1 I Hereby Acknowledge the E-VERIFY Information Above and Will Abide By Everything in this Section. Yes No Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1263 FIRM'S PRIMARY OWNERSHIP Line Item Description Response * 1 Does your firm employ more than 50 persons (including full-time and part-time employees) Yes 2 Is your firm a construction firm Yes 3 If you are a construction firm, is the average annual gross revenue for your firm for the past three years greater than $9 million? Yes 4 Which of the following best describes the gender of your firm's primary owner (at least 51% ownership) Male 5 Which of the following best describes the ethnicity of your firm's primary owner (at least 51%) Caucasian 6 Please select the current certification your firm holds: (Note: Proof of Certification must be included in Document Upload Section) None 7 Indicate the agency or agencies that have granted the certification to your firm.State of Florida PALM BEACH COUNTY INSPECTOR GENERAL The Bidder if awarded Contractor, is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. Line Item Description Response * 1 I Hereby Acknowledge the Palm Beach County Inspector General Information Above and Will Abide by Everything in this Section. Yes REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Line Item Company Name *Legal Address *Contact Name *Phone Number *Email Address * 1 Polk County Utilities 1011 Jim Keene Blvd, Winter Haven, FL 33880 Ryan Bengsch 863-298-4193 RyanBengsch@polk- county.net 2 Highland Homes 3020 Florida Ave S, Lakeland, FL 33803 Milton Andrade 863-619-7103 m.andrade@highlandhom es.org 3 City of Plant City 1802 Spooner Dr, Plant City, FL 33563 Quiltonya Grant (Tonya)813-757-9208 tgrant@plantcitygov.com 4 Polk County Utilities 1011 Jim Keene Blvd, Winter Haven, FL 33880 Holden Wright 863-298-4193 HoldenWright@polk- county.net 5 City of Lakeland 228 S. Massachusetts Ave. | Lakeland, Florida 33801 Jim Lilly (863) 834-8714 Jim.Lilly@lakelandgov.net Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1264 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. SUBCONTRACTORS The Bidder / Proposer shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders / Proposers shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. By clicking here I confirm that there are no Subcontractor(s)/Subconsultant(s) and the Bidder shall perform the project with their “OWN FORCES”. Line Item Work to be Performed *% Total Contract *Contractor License No. *Subcontractor Name / Address *Subcontractor Phone/Email * 1 2 3 4 Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. Bid Bond and Bid Bond Acknowledgement - Bid Bond.pdf - Thursday May 22, 2025 21:33:35 Non Collusive Affidavit & Acknowledgement - Non- Collusion SKM.pdf - Thursday May 22, 2025 21:46:00 Scrutinized Companies and E-Verify Affidavits - E-Verify.pdf - Friday May 23, 2025 08:58:18 Foreign Entity Ownership Affidavit - Compliance SKM.pdf - Friday May 23, 2025 09:01:16 Anti Human Trafficking Affidavit - Human SKM.pdf - Friday May 23, 2025 09:01:33 Trench Safety Act Affidavit - Trench SKM_C250i25052207360.pdf - Friday May 23, 2025 09:01:53 Proof of State Certified or County Competency Licenses - Company Licenses Packet 2025.pdf - Friday May 23, 2025 09:02:47 Certificate of Insurance - COI 2025.pdf - Friday May 23, 2025 09:03:01 IRS Form W-9 - W-9 2025.pdf - Friday May 23, 2025 09:04:02 Anti Kickback Affidavit - Anti Kick SKM.pdf - Friday May 23, 2025 09:04:36 Additional Document (optional) Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1265 Addenda, Terms and Conditions Unless otherwise agreed to by the City of Boynton Beach (“City”), the following Standard Terms and Conditions are applicable to this solicitation and the resulting Agreement. The term “vendor,” as used below, may collectively apply to vendors, bidders, proposers, consultants, contractors, subcontractors, and subconsultants. Any and all special conditions in this ITB or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 3.1 FAMILIARITY AND COMPLIANCE WITH LAWS, LEGAL CONDITIONS CODES AND REGULATIONS: Before submitting a bid for this ITB, bidders shall familiarize themselves and comply with all federal, state, and local laws, including the hours of labor on municipal work in the State of Florida, the Charter of the City of Boynton, all ordinances, and regulations applicable to the services and project contemplated herein, including those applicable to conflict of interest and collusion. Bidders must familiarize themselves with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the goods/services offered and any other applicable federal requirements now in effect or imposed in the future. Lack of knowledge by the Bidder shall not be a cause for relief from responsibility. 3.2 CONFLICT OF INTEREST The award is subject to all conflict-of-interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 3.3 DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 3.4 FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 3.5 PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips, and all correspondence concerning the order. 3.6 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Proposer certifies that all material, equipment, etc., contained in this bid submission meets all O.S.H.A. requirements. Proposer further certifies that if awarded as the Consultant, 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 Proposer. Proposer certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 3.7 PALM BEACH COUNTY INSPECTOR GENERAL: The Bidder and, if awarded Contractor, is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. The Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractors or its sub-contractors or lower-tier sub-contractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this Agreement justifying its termination. 3.8 OTHER AGENCIES Any Agreement(s) resulting from this ITB and from this submitted bid may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement under the same prices, terms, and conditions if agreed to by both parties. It is understood that at no time will any city, county, municipality, or other agency be obligated to place an order for any other city, county, municipality, or agency, nor will any city, county municipality, or agency be obligated for any bills incurred by any other city, county, municipality, or agency. Further, it is understood that each agency will issue its own purchase order or contract to the awarded Bidder(s). Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1266 3.9 VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting Agreement will be held exclusively in Palm Beach County and shall be interpreted according to the laws of Florida. 3.10 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT 3.10.1 The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. 3.10.2 During the performance of the Agreement, the Consultant and its sub-consultants shall not discriminate against any employee or applicant for employment because of race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. 3.10.3 The Consultant will take affirmative action to ensure that employees and those of its sub-consultants are treated during employment, without regard to their race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. 3.10.4 Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 3.10.5 The Consultant and its sub-consultants shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 3.10.6 The Consultant further agrees that they will ensure that all sub-consultants, if any, will be made aware of and will comply with this nondiscrimination clause. 3.10.7 The Consultant 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 City contracts, or other sanctions. 3.11 INDEPENDENT CONTRACTOR RELATIONSHIP: The Bidder and, if awarded Contractor, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting Agreement, an independent Contractor and not an employee or agent of the City. All persons engaged in any of the work or services performed pursuant to the Agreement shall, at all times and in all places, be subject to the Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Contractor’s relationship, and the relationship of its employees, to the City shall be that of an independent contractor and not as employees or agents of the City. 3.12 OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Contractor of supplying such product(s) or service as specified. 3.13 LEGAL EXPENSES: The City shall not be liable to a Bidder for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the Agreement, or any other matter generated by or relating to the Agreement. 3.14 NO THIRD-PARTY BENEFICIARIES: No provision of this ITB or agreement/contract to follow with a contractor 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 the agreement/contract, including but not limited to any citizen or employees of the City and/or Bidder. 3.15 SCRUTINIZED COMPANIES: By submission of a bid submission for this solicitation, Consultant, its principals, or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a bid for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Agreement, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or One million dollars or more if, at the time of bidding on, submitting a bid for, or entering into or renewing such Contract, the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Syria. 3.16 NON-EXCLUSIVE Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1267 As may be applicable, the City reserves the right to acquire some or all of these goods and services through a State of Florida contract pursuant to the City’s Procurement Policy, provided the State of Florida 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 City reserves the right to award other agreements for goods and services falling within the scope of this solicitation and resultant Agreement when the specifications differ from this solicitation or resultant Agreement, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant Agreement. 3.17 ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Proposer in any way, manner, or form. This includes the City logo on websites or other advertising materials. 3.18 DRUG-FREE WORKPLACE The Contractor shall implement and maintain a drug-free workplace program of at least the following items: 3.18.1 Publish a statement notifying employees that 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. 3.18.2 Inform employees about the dangers of drug abuse in the workplace, the Bidder’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. 3.18.3 Give each employee engaged in providing the services that are under contract a copy of the statement specified in Item A above. 3.18.4 In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under contract, the employee will abide by the terms of the statement and will notify the Proposer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) calendar days after such conviction or plea. 3.18.5 Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, for any employee who is so convicted or so pleads. 3.18.6 Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes. 3.19 PROHIBITED TELECOMMUNICATIONS EQUIPMENT Bidder represents and certifies that Bidder and all Sub-contractors do not use 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, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Proposer represents and certifies that Proposer and all Sub-consultants shall not provide or use such covered telecommunications equipment, system, or services during the Term. 3.20 RIGHTS IN DATA Except if otherwise agreed to in writing, the City 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 Proposer pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 3.21 DOCUMENTATION OF COSTS All costs submitted shall be supported by properly executed payrolls, time records, invoices, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the resulting contract/agreement shall be clearly identified and regularly accessible and provided to the City upon request. 3.22 PUBLIC RECORDS Sealed documents received by the City in response to an Invitation to Bid are exempt from public records disclosure unless they are subject to Florida Statute 255.0518 until thirty (30) calendar days after the opening of the ITB unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. The Consultant agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings, or data relating to the Agreement which have been created as a part of the vendor's services or authorized by the City as a reimbursable expense, whether generated directly by the Consultant, or by or in conjunction or consultation with any other party whether or not a party to the Agreement, whether or not in privity of contract with the City or the Consultant, and wherever located shall be the property of the City. Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1268 Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. All submitted information that the responding Proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07, Chapter 688, and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida’s Public Records Law. Specifically, the Consultant shall: A. Keep and maintain public records required by the City to perform the service. B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the Agreement, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the Agreement, the Contractor shall transfer to the City, at no cost to the City, all public records in the Contractor’s possession. All records stored electronically by the Contractor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. Failure of the Contractor 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. The City shall have the right to exercise all remedies available to it for breach of agreement/contract, including but not limited to the right to terminate for cause. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 3.23 SOVEREIGN IMMUNITY Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Rich Bushart, VP, Killebrew, Inc. The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1269 File Name I have reviewed the below addendum and attachments (if applicable) Pages 25-20RB Addendum No. 5 Thu May 22 2025 12:57 PM 1 25-20RB Addendum No. 4 Wed May 21 2025 03:48 PM 1 25-20RB Addendum No. 3 Wed May 21 2025 02:27 PM 1 25-20RB Addendum No. 2 Mon May 12 2025 11:26 AM 1 25-20RB Addendum No. 1 Thu May 1 2025 09:38 AM 2 Bid Number: 25-020RB Vendor Name: Killebrew, Inc.1270 BIDBOND STATEOFFLORIDA ) COUNTYOFPALMBEACH ) KNOWALLMENBYTHESEPRESENTS,that_________________________________ asPrincipal,and_________________________________________,asSurety,authorizedtodobusinessinthe State of Florida are held and firmly bound unto the Owner, City of Boynton Beach in the penal sum of __________________________________________________________Dollars ($____________)lawfulmoney oftheUnitedStates,forthepaymentofwhichsumwillandtrulytobemade,webondourselves,ourheirs,executors, administrators,andsuccessors,jointlyandseverally,firmlybythesepresents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanyingbid,dated_______________________,20____,for: NOWTHEREFORE, A IftheprincipalshallnotwithdrawsuchBidwithin(120)calendardaysafterdateofopeningofthe same,andshallwithinten(10)businessdaysaftertheprescribedformsarepresentedtotheprincipal forsignature,enterintoawrittenContractwiththeCityinaccordancewiththeBidasaccepted,and givebondswithgoodsandsufficientsuretyorsureties,asmayberequired,forthefaithfulperformance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwisetoremaininfullforceandeffect.B. IntheeventofthewithdrawalofsuchBidwithintheperiodspecified,orthefailuretoenterintosuch Contractandgivesuchbondswithinthetimespecified,iftheprincipalshallpaytheCitythedifference betweentheamountspecifiedinsuchBidandtheamountforwhichtheCitymayprocuretherequired workandsupplies,ifthelatteramountbeinexcessoftheformerthentheaboveobligationsshallbe voidandofnoeffect,otherwisetoremaininfullforceandeffect. 1271 INWITNESSWHEREOF,theaboveboundedpartieshaveexecutedthisinstrumentundertheirseveral seals,this_____dayof____________________,20___,beingheretoaffixedandthesepresentsdulysignedby itsundersignedrepresentative,pursuanttoauthorityofisgoverningbody. WITNESS: (IfSoleOwnershiporPartnership,two(2)Witnessesrequired). (IfCorporation,Secretaryonlywillattestandaffixseal). PRINCIPAL: NameofFirm WITNESS: SignatureofAuthorizedOfficer(affixedseal) Title BusinessAddress CityandState SURETY: CorporateSurety WITNESS: Attorney-in-Fact(affixseal) BusinessAddress CityandState NameofLocalInsuranceAgency 1272 T CERTIFICATEASTOCORPORATEPRINCIPAL I,_______________________________,certifythatIamtheSecretaryoftheCorporationnamedasPrincipalin thewithinbond;that_________________________whosignedthesuchBidBondonbehalfofthePrincipal,was then____________________ofsuchCorporation;thatIknowtheirsignature,andtheirsignatureheretoisgenuine; andthatsuchbondwasdulysigned,sealed,andattestedforandinbehalfofsuchCorporationbyauthorityofits governingbody. _____________________________________ Secretary (corporateseal) STATEOFFLORIDA ) COUNTYOFPALMBEACH ) Beforeme,aNotaryPublicdulycommissioned,qualifiedandacting,personallyappearedbymeansof ___physicalpresenceor___onlinenotarization______________________tomewellknown,whobeingbyme firstdulyswornuponoath,saysthattheyaretheAttorney-in-Fact,forthe________________________________ andthattheyhavebeenauthorizedby_______________________________toexecutetheforegoingbondon behalfoftheVENDORnamedthereininfavorfortheCityofBoyntonBeach. 1273 CERTIFICATEANDAFFIDAVITFORBONDS TO: CITYOFBOYNTONBEACHCOMMISSIONERS RE: BidNumber: Vendor: Na me: Address: City/State: _____________________________ZIP:________ Phone: BondAmount: SURETYBONDCOMPANY: Name: Address: City/State: _____________________________ZIP:________ Phone: ThisistocertifythatinaccordancewithChapter85-104,LawsofFlorida(HB1266)theinsurernamedabove: 1. HoldsacertificateofauthorityauthorizingittowritesuretybondsinthestateofFlorida; 2. HastwicetheminimumsurplusandcapitalrequiredbytheFloridaInsuranceCode;and 3. HoldsacurrentvalidcertificateofauthorityissuedbytheUnitedStatesDepartmentofTreasuryunder Sections9304to9308ofTitle31oftheUnitedStatesCode. ___________________________ ___________________________ Date AgentandAttorney-in-Fact 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300       25-020RB - Pre-Chlorinated Pipe Bursting of Potable Water Mains - Bid Compliance Schedule/Specifications Cost Estimate Proposal (Scenario #1)$278,791.00 $314,925.00 $333,570.00 $398,925.00 Proposals based on unit pricing from Bid Schedule Cost Estimate Proposal (Scenario #2)$280,980.00 $294,025.00 $326,755.00 $439,500.00 Proposals based on unit pricing from Bid Schedule Cost Estimate Proposal (Scenario #3)$349,000.00 $400,425.00 $417,981.25 $587,275.00 Proposals based on unit pricing from Bid Schedule Valid GC License or Underground Utility & Excavation License Sunbiz - Active; Florida dbpr Certified Underground Utility & Excavation Contractor - Jamie Adam Annett, Lic# CUC1226394, Licensure date 4/1/25 Exp. 8/31/26. Sunbiz - Active; Florida dbpr Engineering Business Registry - Killebrew, Inc. - Current (Licensure Dt 11/09/00), Certified General Contractor - William Clifford Thomas IV, Lic# CGC1515807, Licensure date 7/17/08, Exp. 8/31/26; Certified Underground Utility and Excavation Contractor - William Clifford Thomas IV, Lic# CUC1224160, Licensure date 12/05/05, Exp. 8/31/26; Certified Plumbing Contractor - William Clifford Thomas IV, Lic# CFC1428425, Licensure date 4/28/11, Exp. 8/31/26; Professional Engineer - William Clifford Thomas IV, Lic# 50664, Licensure date 8/1/96, Exp. 2/28/27; Qualified Stormwater Management Inspector (FDEP Stormwater Erosion & Sedimentation Control Inspector Training Program) Issued on 9/23/08 to William C. Thomas, IV. Sunbiz - Active; Florida dbpr Certified Underground Utility & Excavation Contractor - Jamie Ertle, Lic# CUC1225812, Licensure Date 8/16/21 Exp. 8/31/26 Sunbiz - Active, Florida dbpr Certified General Contractor - Jodi Marie Feliu, Lic# CGC1534961 Licensure date 10/20/2023 Exp. 8/31/26, Certified Underground Utility and Excavation Contractor - Gary F. Czajkowski, Lic# CUC057102, Licensure date 11/19/98 Exp. 8/31/26; LBTR# 2024163616 Exp. 9/30/25 CERTIFICATION VENDOR DRUG FREE WORKPLACE Acknowledged Acknowledged Acknowledged Acknowledged BIDDER'S QUALIFICATION STATEMENT SCRUTINIZED COMPANIES DETERMINATION Acknowledged Acknowledged Acknowledged Acknowledged E-VERIFY Acknowledged Acknowledged Acknowledged Acknowledged FIRM'S PRIMARY OWNERSHIP PALM BEACH COUNTY INSPECTOR GENERAL Acknowledged Acknowledged Acknowledged Acknowledged REFERENCES (5) References (5) References (5) References (5) References SUBCONTRACTORS (4) Subcontractors - Geotechnical Engineering, Concrete Restoration, Milling & Paving, and Thermoplastic Striping. None None (4) Subcontractors - As-Built/Record Drawings, MOT, Concrete Work, Water Services Murphy Pipeline Contractors, LLC Contact: Meghan Bedford 12235 New Berlin Rd Ste 400 Jacksonville, FL 32226 510 Shotgun Road Unit 150 Sunrise, Florida 33326 (281) 939-3672 (954) 842-4771 h b df d Killebrew, Inc. Contact: Dusty Stephens 2830 Winter Lake Rd Lakeland, FL 33803 (863) 701-0273 dusty@killebrewinc.net D.B.E. MANAGEMENT, INC dba DBE Utility Services Contact: Dustin Ertle 13387 Bryan Road Loxahatchee, FL 33470 (561) 508-3708 bids@dbehdd.com dertle@dbeutilityservices.com Foster Marine Contractors Contact: Jodi Feliu 3180 Fairlane Farms Rd Ste 1 Wellington, FL 33414 (561) 683-0034 jodi@foster-marine.net 1301          Conflict of Interest Acknowledgement None None None None Addendum 1-5 Acknowledgement Acknowledged Acknowledged Acknowledged Acknowledged Bid Bond and Bid Bond Acknowledgement Not Required Not Required Not Required Not Required Non-Collusive Affidavit & Acknowledgement Scrutinized Companies Affidavit E-Verify Affidavit Foreign Entity Ownership Affidavit Anti Human Trafficking Affidavit Trench Safety Act Affidavit Certificate of Insurance W-9 Form Anti-Kickback Affidavit Comments: Subtotal amount was updated to not include Permit items & NDPES items Subtotal amount was updated to not include Permit items & NDPES items Subtotal Contract Amount:$908,771.00 $1,009,375.00 $1,078,306.25 $1,425,700.00 1302 Item Description Quantity Unit Price Total Item Description Quantity Unit Price Total 1 Mobilization/Demobilization 1 40,000.00$ 40,000.00$ 1 Mobilization/Demobilization 1 25,000.00$ 25,000.00$ 3 MOT FDOT Road 1 15,000.00$ 15,000.00$ 2 MOT 1 15,000.00$ 15,000.00$ 5 Pre- and Post- Construction Video 1 3,500.00$ 3,500.00$ 4 Permits 1 1,500.00$ 1,500.00$ 7 Indemnification 1 25.00$ 25.00$ 5 Pre- and Post Construction Video 1 2,000.00$ 2,000.00$ 8 Sod 2500 1.30$ 3,250.00$ 6 NPDES 1.5%1 4,500.00$ 4,500.00$ 10 3" Asphalt 500 15.00$ 7,500.00$ 7 Indemnification 1 25.00$ 25.00$ 17 8-inch HDPE Pipe Bursting 700 195.00$ 136,500.00$ 8 Sod 300 2.00$ 600.00$ 22 8" Gate Valve 2 2,600.00$ 5,200.00$ 10 3" Asphalt 500 25.00$ 12,500.00$ 25 Miscellaneous Fittings 120 10.00$ 1,200.00$ 13 8" C900 100 160.00$ 16,000.00$ 30 Tee 8x8x8 1 1,495.00$ 1,495.00$ 17 8" DR11 PC WM PB 700 120.00$ 84,000.00$ 39 8" up to 1" Short Service 18 1,580.00$ 28,440.00$ 25 Misc MJ Fittings 1000 20.00$ 20,000.00$ 47 8" up to 1" Long Service 9 2,199.00$ 19,791.00$ 39 8x1 Short Service 18 1,600.00$ 28,800.00$ 51 8" up to 2" Long Service 6 2,815.00$ 16,890.00$ 47 8X1 Long Service 15 3,600.00$ 54,000.00$ 51 8x2 Long Service in Casing 6 4,500.00$ 27,000.00$ 58 Well Point Setup 4 5,000.00$ 20,000.00$ 59 Well Operation and Maintenance 10 1,000.00$ 10,000.00$ 278,791.00$ 320,925.00$ 278,791.00$ 314,925.00$ Item Description Quantity Unit Price Total Item Description Quantity Unit Price Total 1 Mob/Demob 1 47,500.00$ 47,500.00$ 1 Mobilization/Demobilization per Project 1 25,000.00$ 25,000.00$ 3 MOT - FDOT 1 18,350.00$ 18,350.00$ 2 Maintenance of Traffic (MOT) Plan per Project, City Right-of-Way 1 1,500.00$ 1,500.00$ 5 Pre and Post Video 1 4,175.00$ 4,175.00$ 3 "Maintenance of Traffic (MOT) Plan per Project, Palm Beach County FDOT Roadway"1 2,500.00$ 2,500.00$ 7 Indemnification 1 25.00$ 25.00$ 4 Applicable Permit Allowance 1 2,500.00$ 2,500.00$ 8 Sod 4900 1.55$ 7,595.00$ 5 Pre- and Post-Construction Video 1 1,500.00$ 1,500.00$ 10 3" Asphalt 500 18.25$ 9,125.00$ 6 NPDES (if applicable)1 1,100.00$ 1,100.00$ 17 8" HDPE PB 700 230.00$ 161,000.00$ 7 Indemnification 1 25.00$ 25.00$ 22 8" Gate Valve 2 3,000.00$ 6,000.00$ 8 Sod 3300 5.00$ 16,500.00$ 25 Misc Fittings 200 12.25$ 2,450.00$ 10 3" Asphalt 500 25.00$ 12,500.00$ 30 8x8x8 Tee 1 1,750.00$ 1,750.00$ 13 Open Cut Water Main - Furnish and Install 8-inch C-900 100 130.00$ 13,000.00$ 39 8" WM x 1" Short 18 1,800.00$ 32,400.00$ 17 8-inch HDPE DR11 600 375.00$ 225,000.00$ 47 8" WM x 1" Long 9 2,600.00$ 23,400.00$ 39 Up to 1-inch short side water service connection 8-inch water main 18 3,800.00$ 68,400.00$ 51 8" WM x 2" Long 6 3,300.00$ 19,800.00$ 51 Up to 2-inch long side water service connection 8-inch water main 6 5,500.00$ 33,000.00$ 333,570.00$ 402,525.00$ 333,570.00$ 398,925.00$ Subtotal: D.B.E. Management, Inc.Foster Marine Contractors Submission 1 Submission 1 Excluding estimated 'actual cost reimbursement by City' items & NPDES Excluding estimated 'actual cost reimbursement by City' items Excluding estimated 'actual cost reimbursement by City' items Excluding estimated 'actual cost reimbursement by City' items 25-020 RB - Pre-Chlorinated Pipe Bursting of Potable Water Mains - Cost Analysis Submission 1 Murphy Pipeline Contractors, LLC Scenario # 1 Subtotal: Killebrew, Inc. Submission 1 Scenario # 1 Subtotal: Scenario # 1 Scenario # 1 Subtotal: 1303 Item Description Quantity Unit Price Total Item Description Quantity Unit Price Total 1 Mobilization/Demobilization 1 40,000.00$ 40,000.00$ 1 Mobilization/Demobilization 1 25,000.00$ 25,000.00$ 2 MOT City Road 1 10,000.00$ 10,000.00$ 2 MOT 1 15,000.00$ 15,000.00$ 5 Pre- and Post- Construction Video 1 3,500.00$ 3,500.00$ 4 Permits 1 1,500.00$ 1,500.00$ 7 Indemnification 1 25.00$ 25.00$ 5 Pre-Post Construction Video 1 2,000.00$ 2,000.00$ 8 Sod 2250 1.30$ 2,925.00$ 6 NPDES 1.5%1 4,500.00$ 4,500.00$ 17 8-inch HDPE Pipe Bursting 550 195.00$ 107,250.00$ 7 Indemnification 1 25.00$ 25.00$ 18 10-in HDPE Pipe Bursting 250 205.00$ 51,250.00$ 8 Sod 1000 2.00$ 2,000.00$ 21 6" Gate Valve 2 2,070.00$ 4,140.00$ 9 6" Concrete 250 45.00$ 11,250.00$ 22 8" Gate Valve 1 2,600.00$ 2,600.00$ 10 3" Asphalt 250 25.00$ 6,250.00$ 25 Miscellaneous Fittings 160 10.00$ 1,600.00$ 13 8" C900 20 160.00$ 3,200.00$ 27 Install Fire Hydrant - 8" WM 2 8,500.00$ 17,000.00$ 14 10" C900 20 170.00$ 3,400.00$ 29 Tee 8x8x6 2 1,450.00$ 2,900.00$ 17 8" DR11 PC WM PB 550 120.00$ 66,000.00$ 39 8" up to 1" Short Service 10 1,580.00$ 15,800.00$ 18 10" DR11 PC WM PB 250 140.00$ 35,000.00$ 47 8" up to 1" Long Service 10 2,199.00$ 21,990.00$ 21 6" GV 2 3,500.00$ 7,000.00$ 22 8" GV 1 4,500.00$ 4,500.00$ 25 Misc MJ Fittings 500 20.00$ 10,000.00$ 27 FH on 8"2 7,000.00$ 14,000.00$ 29 8x6 Tee 2 1,200.00$ 2,400.00$ 39 8x1 Short Service 10 1,600.00$ 16,000.00$ 47 8x1 Long Service 10 3,600.00$ 36,000.00$ 58 Well Point Setup 5 5,000.00$ 25,000.00$ 59 Wellpoing Operation and Maintenance 10 1,000.00$ 10,000.00$ 280,980.00$ 300,025.00$ 280,980.00$ 294,025.00$ Item Description Quantity Unit Price Total Item Description Quantity Unit Price Total 1 MOB/Demob 1 47,500.00$ 47,500.00$ 1 Mobilization/Demobilization per Project 1 25,000.00$ 25,000.00$ 2 MOT City ROW 1 11,750.00$ 11,750.00$ 2 Maintenance of Traffic (MOT) Plan per Project, City Right-of-Way 1 1,500.00$ 1,500.00$ 5 Pre/Post Video 1 4,175.00$ 4,175.00$ 3 "Maintenance of Traffic (MOT) Plan per Project, Palm Beach County FDOT Roadway"1 2,500.00$ 2,500.00$ 8 Sod 5600 1.55$ 8,680.00$ 4 Applicable Permit Allowance 1 2,500.00$ 2,500.00$ 17 8" PB 800 230.00$ 184,000.00$ 5 Pre- and Post-Construction Video 1 1,500.00$ 1,500.00$ 22 8" Gate Valve 2 3,000.00$ 6,000.00$ 6 NPDES (if applicable)1 1,100.00$ 1,100.00$ 25 Misc Fittings 200 12.25$ 2,450.00$ 7 Indemnification 1 25.00$ 25.00$ 27 FH on 8"2 5,000.00$ 10,000.00$ 8 Sod 2000 5.00$ 10,000.00$ 29 8x8x6 Tee 2 1,700.00$ 3,400.00$ 13 Open Cut Water Main - Furnish and Install 8-inch C-900 25 130.00$ 3,250.00$ 21 6" Gate Valve 2 2,400.00$ 4,800.00$ 14 Open Cut Water Main - Furnish and Install 10-inch C-900 25 150.00$ 3,750.00$ 39 8" x 1" Short 10 1,800.00$ 18,000.00$ 17 8-inch HDPE DR11 525 375.00$ 196,875.00$ 47 8" x 1" Long 10 2,600.00$ 26,000.00$ 18 10-inch HDPE DR11 225 400.00$ 90,000.00$ 22 Furnish and Install Valve Fittings 1 4,500.00$ 4,500.00$ 27 Install Fire Hydrant on an 8-inch water main 2 5,500.00$ 11,000.00$ 29 Tee 8x8x6 1 1,600.00$ 1,600.00$ 31 Tee 10x10x6 1 2,000.00$ 2,000.00$ 39 Up to 1-inch short side water service connection 8-inch water main 20 3,800.00$ 76,000.00$ 58 Well Point Set Up 1 5,000.00$ 5,000.00$ 59 Well Point Operation and maintenance 5 1,000.00$ 5,000.00$ 326,755.00$ 443,100.00$ 326,755.00$ 439,500.00$ Scenario # 1 Scenario # 1 25-020 RB - Pre-Chlorinated Pipe Bursting of Potable Water Mains - Cost Analysis Murphy Pipeline Contractors, LLC Killebrew, Inc. Submission 1 Submission 1 Subtotal:Subtotal: Excluding estimated 'actual cost reimbursement by City' items & NPDES Excluding estimated 'actual cost reimbursement by City' items D.B.E. Management, Inc.Foster Marine Contractors Excluding estimated 'actual cost reimbursement by City' items Excluding estimated 'actual cost reimbursement by City' items Submission 1 Submission 1 Scenario # 1 Scenario # 1 Subtotal:Subtotal: 1304 Item Description Quantity Unit Price Total Item Description Quantity Unit Price Total 1 Mobilization/Demobilization 1 40,000.00$ 40,000.00$ 1 Mobilization/Demobilization 1 25,000.00$ 25,000.00$ 2 MOT City Road 1 10,000.00$ 10,000.00$ 2 MOT 1 15,000.00$ 15,000.00$ 5 Pre- and Post- Construction Video 1 3,500.00$ 3,500.00$ 4 Permits 1 1,500.00$ 1,500.00$ 7 Indemnification 1 25.00$ 25.00$ 5 Pre-Post Video 1 2,000.00$ 2,000.00$ 8 Sod 3150 1.30$ 4,095.00$ 6 NPDES 1.5%1 4,500.00$ 4,500.00$ 17 8-inch HDPE Pipe Bursting 1000 195.00$ 195,000.00$ 7 Indemnification 1 25.00$ 25.00$ 21 6" Gate Valve 5 2,070.00$ 10,350.00$ 8 Sod 1000 2.00$ 2,000.00$ 25 Miscellaneous Fittings 320 10.00$ 3,200.00$ 9 6" Concrete 1000 45.00$ 45,000.00$ 29 Tee 8x8x6 5 1,450.00$ 7,250.00$ 10 3" Asphalt 500 25.00$ 12,500.00$ 39 8" up to 1" Short Service 20 1,580.00$ 31,600.00$ 13 8" C900 40 160.00$ 6,400.00$ 47 8" up to 1" Long Service 20 2,199.00$ 43,980.00$ 17 8" DR11 PC WM PB 1000 120.00$ 120,000.00$ 21 6" GV 5 3,500.00$ 17,500.00$ 25 Misc MJ Fittings 500 20.00$ 10,000.00$ 29 8x6 Tee 5 1,200.00$ 6,000.00$ 39 8x1 Short Service 20 1,600.00$ 32,000.00$ 47 8x1 Long Service 20 3,600.00$ 72,000.00$ 58 Well Point Setup 5 5,000.00$ 25,000.00$ 59 Wellpoint Operation and Maintenance 10 1,000.00$ 10,000.00$ 349,000.00$ 406,425.00$ 349,000.00$ 400,425.00$ Item Description Quantity Unit Price Total Item Description Quantity Unit Price Total 1 MOB/Demob 1 47,500.00$ 47,500.00$ 1 Mobilization/Demobilization per Project 1 25,000.00$ 25,000.00$ 2 MOT City ROW 1 11,750.00$ 11,750.00$ 2 Maintenance of Traffic (MOT) Plan per Project, City Right-of-Way 1 1,500.00$ 1,500.00$ 5 Pre/Post Video 1 4,175.00$ 4,175.00$ 3 "Maintenance of Traffic (MOT) Plan per Project, Palm Beach County FDOT Roadway"1 2,500.00$ 2,500.00$ 8 Sod 7000 1.55$ 10,850.00$ 4 Applicable Permit Allowance 1 2,500.00$ 2,500.00$ 17 8" PB 1000 230.00$ 230,000.00$ 5 Pre- and Post-Construction Video 1 1,500.00$ 1,500.00$ 21 6" GV 5 2,400.00$ 12,000.00$ 6 NPDES (if applicable)1 1,100.00$ 1,100.00$ 25 Misc Fittings 425 12.25$ 5,206.25$ 7 Indemnification 1 25.00$ 25.00$ 29 8x8x6 Tee 5 1,700.00$ 8,500.00$ 8 Sod 1000 5.00$ 5,000.00$ 39 8" x 1" Short 20 1,800.00$ 36,000.00$ 13 Open Cut Water Main - Furnish and Install 8-inch C-900 50 130.00$ 6,500.00$ 47 8" x 1" Long 20 2,600.00$ 52,000.00$ 17 8-inch HDPE DR11 950 375.00$ 356,250.00$ 21 Furnish and Install 6-inch gate valve 5 3,000.00$ 15,000.00$ 29 Tee 8x8x6 5 1,600.00$ 8,000.00$ 39 Up to 1-inch short side water service connection 8-inch water main 20 3,800.00$ 76,000.00$ 47 Up to 1-inch long side water service connection 8-inch water main 20 4,500.00$ 90,000.00$ 417,981.25$ 590,875.00$ 417,981.25$ 587,275.00$ Scenario # 1 Scenario # 1 25-020 RB - Pre-Chlorinated Pipe Bursting of Potable Water Mains - Cost Analysis Murphy Pipeline Contractors, LLC Killebrew, Inc. Submission 1 Submission 1 Subtotal:Subtotal: Excluding estimated 'actual cost reimbursement by City' items & NPDES Excluding estimated 'actual cost reimbursement by City' items D.B.E. Management, Inc.Foster Marine Contractors Excluding estimated 'actual cost reimbursement by City' items Excluding estimated 'actual cost reimbursement by City' items Submission 1 Submission 1 Scenario # 1 Scenario # 1 Subtotal:Subtotal: 1305 City of Boynton Beach Agenda Item Request Form 7.C Consent Bids and Purchases 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Resolution No. R25-205- Approve a Sole Source Agreement with SmartCover Systems for remote sewer monitoring services in an amount not to exceed $140,395 during the initial term and all extension terms. Requested Action: Staff recommends approval of Proposed Resolution No. R25-205. Explanation of Request: Contract Period: Agreement effective August 5, 2025, for two (2) years with the option of two (2), one (1) year renewals. The City of Boynton Beach (City) oversees and maintains 310 miles of sanitary sewer gravity mains, 167 pumping stations and roughly 8,000 sanitary sewer manholes. The SmartLevel system provides a cost-effective solution for satellite manhole monitoring, helping utilities prevent sewer overflows, optimize collection system maintenance, and accurately detect inflow and infiltration (I&I). Its powerful data management and analytics platform enables real- time monitoring, allowing for improved system performance, reduced operational costs, and more efficient resource allocation. This purchase is being made pursuant to the Sole Source Procurement Exemption outlined in Section X, Alternatives to Formal Sealed Bids, of the procurement policy. This section permits Sole Source Services and Purchases when it is determined that only one viable source is available. Such circumstances may include, but are not limited to, repairs or additions from the original equipment manufacturer, exclusive regional suppliers, franchised or licensed distributors, or proprietary items. The vendor has submitted the required documentation to the City, and the Procurement Division has affirmed that the documentation for this purchase meets the Sole Source Procurement Exemption criteria. How will this affect city programs or services? This agreement will assist the Utility in its efforts to operate and maintain a sanitary sewer collection system that operates efficiently, ultimately, providing better service and value to its customers. Budgeted Item: Yes 1306 Account Line Item and Description: Budgeted funding is available in Utilities CIP account 403-5000-535-65.04, Lift Station Communications & Control R & R. Fiscal Impact: During the initial term and all extension terms not to exceed $140,395. Attachments: R25-205 Agenda_Item_3411-2025_Resolution_for_SmartCover_Systems_Agmt.docx Exhibit A to Resolution - signed agmt - SmartCover Agreement - Boynton Beach - Final.pdf SmartCover SmartLevel Pricing Proposal - Boynton Beach 2 Yr 5-29-25.pdf SmartCover Sole Source - Boynton Beach.pdf 1307 RESOLUTION NO. R25-205 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY 2 AND SMARTCOVER SYSTEMS FOR REMOTE SEWER MONITORING 3 SERVICES IN AN AMOUNT NOT TO EXCEED $140,395 DURING THE 4 INITIAL TERM AND ALL EXTENSION TERMS; AND FOR ALL OTHER 5 PURPOSES. 6 7 WHEREAS, the City oversees and maintains 310 miles of sanitary sewer gravity mains, 167 8 pumping stations, and roughly 8,000 sanitary sewer manholes. The SmartLevel system provides a 9 cost-effective solution for satellite manhole monitoring, helping utilities prevent sewer overflows, 10 optimize collection system maintenance, and accurately detect inflow and infiltration (I&I). Its 11 powerful data management and analytics platform enables real-time monitoring, allowing for 12 improved system performance, reduced operational costs, and more efficient resource allocation; 13 and 14 WHEREAS, this purchase is being made pursuant to the Sole Source Procurement 15 Exemption outlined in Section X, Alternatives to Formal Sealed Bids, of the procurement policy. 16 This section permits sole-source services and purchases when it is determined that only one viable 17 source is available. Such circumstances may include, but are not limited to, repairs or additions 18 from the original equipment manufacturer, exclusive regional suppliers, franchised or licensed 19 distributors, or proprietary items. The vendor has submitted the required documentation to the 20 City, and the Procurement Division has affirmed that the documentation for this purchase meets 21 the Sole Source Procurement Exemption criteria; and 22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 23 best interests of the City's citizens and residents to approve an Agreement between the City and 24 SmartCover Systems for remote sewer monitoring services in an amount not to exceed $140,395 25 during the initial term and all extension terms. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 28 BEACH, FLORIDA, THAT: 29 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption. 31 1308 RESOLUTION NO. R25-205 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 32 approve an Agreement between the City and SmartCover Systems for remote sewer monitoring 33 services in an amount not to exceed $140,395 during the initial term and all extension terms (the 34 “Agreement”), in form and substance similar to that attached as Exhibit A. 35 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 36 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 37 ancillary documents required under the Agreement or necessary to accomplish the purposes of 38 the Agreement, including any term extensions as provided in the Agreement, provided such 39 documents do not modify the financial terms or material terms. 40 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record 41 of the City. A copy of the fully executed Agreement shall be provided to Tremaine Johnson to 42 forward to SmartCover Systems. 43 SECTION 5. This Resolution shall take effect in accordance with the law. 44 45 46 47 [SIGNATURES ON THE FOLLOWING PAGE] 48 49 1309 RESOLUTION NO. R25-205 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 50 CITY OF BOYNTON BEACH, FLORIDA 51 YES NO 52 Mayor – Rebecca Shelton _____ _____ 53 54 Vice Mayor – Woodrow L. Hay _____ _____ 55 56 Commissioner – Angela Cruz _____ _____ 57 58 Commissioner – Thomas Turkin _____ _____ 59 60 Commissioner – Aimee Kelley _____ _____ 61 62 VOTE ______ 63 ATTEST: 64 65 _____________________________ ______________________________ 66 Maylee De Jesús, MPA, MMC Rebecca Shelton 67 City Clerk Mayor 68 69 APPROVED AS TO FORM: 70 (Corporate Seal) 71 72 _______________________________ 73 Shawna G. Lamb 74 City Attorney 75 1310 Sole Source Agreement 25-060SS – SmartCover Systems 1 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SMARTCOVER SYSTEMS, FOR REMOTE SEWER MONITORING SERVICES This Agreement is made as of this 15th day of July, 2025, by and between SmartCover Systems, with a principal address of 2110 Enterprise Street, Escondido, CA 92029, hereinafter referred to as “Vendor,” and the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as “City.” In consideration of the mutual benefits, terms, and conditions hereinafter specified, the Parties agree as set forth below. WHEREAS, the City needs Manhole monitoring to prevent sewer overflows, improve efficiency of collection system cleaning, and accurately detect inflow and infiltration; and WHEREAS, the Vendor is the sole source and manufacturer to provide remote sewer monitoring hardware and services; and WHEREAS, the City desires to engage Vendor to provide installation and operation of SmartCover hardware, software support, and maintenance services (the “Goods and Services”); and WHEREAS, Vendor has agreed to provide the Goods and Services in accordance with the terms and conditions set forth herein. NOW THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the City and Vendor do hereby agree as follows: 1. GOODS AND SERVICES: Vendor shall provide all services, equipment, materials, and labor necessary to provide remote sewer monitoring hardware and services on an annual basis as further described in Vendor’s Proposal attached hereto as Exhibit A, and incorporated herein by reference. Vendor shall provide all Goods and Services and perform any Services diligently, carefully, and thoroughly consistent with good business practice. Time shall be of the essence concerning all matters outlined in this Agreement. Vendor shall warrant that the Goods and Services are free from improper workmanship and defective materials for the applicable warranty period described in Exhibits A and B. 1311 Sole Source Agreement 25-060SS – SmartCover Systems 2 2. TIME FOR PERFORMANCE: Work under the Agreement shall commence upon the City giving written notice to the Vendor to proceed, along with a purchase order. Specific delivery timelines for Goods and Services shall be specified in the purchase order. Vendor shall provide all Goods and perform all Services required pursuant to this Agreement. Time is of the essence for Vendor’s performance of the duties, obligations, and responsibilities required by this Agreement. 3. FEE: As compensation for Goods provided and Services rendered by Vendor to the City during the Initial Term (as defined below), the City shall pay the Vendor One Hundred Three Thousand Two Hundred Twenty-Five Dollars ($103,225.00) (“Fee”). The Fee is based on the Rates outlined in the Fee Schedule attached hereto as Exhibit B and incorporated into this Agreement by reference. The Fee for any Extension Term shall be an amount not to exceed Eighteen Thousand Five Hundred Eighty-Five Dollars ($18,585.00) per year. The total Fee to be paid by City to Vendor for all Goods and Services during the Initial Term and all Extension Terms shall not exceed One Hundred Forty Thousand Three Hundred Ninety-Five Dollars ($140,395.00). The Fee shall be the sole compensation paid to Vendor in connection with the provision of Goods and rendition of the Services and the performance of any and all of its other obligations under this Agreement and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Vendor. 4. TERM: This Agreement shall be for an initial term of two (2) years, commencing on July 16, 2025, and shall remain in effect through July 15, 2027 (“Initial Term”), unless otherwise terminated or extended as provided in this Agreement. The City reserves the right to renew the Agreement for two (2) additional one-year renewal terms (each an “Extension Term”) on the same terms and conditions stated in this Agreement, subject to Vendor’s satisfactory performance as determined by the City, determination by the City that renewal will be in the best interest of the City, and confirmation that Vendor is the sole source to provide the Goods and Services. The Mayor is authorized to execute the term extension amendment(s). If Vendor requests a rate change at the time of renewal, or if the City desires to order additional services described in Exhibit B, such change shall not become effective until a written amendment is approved by the City Commission and duly executed by the Parties. 5. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney 1312 Sole Source Agreement 25-060SS – SmartCover Systems 3 City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Vendor: ______________________ ______________________ ______________________ ______________________ Telephone: _______________ Email:____________________ 6. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425. Invoices for Goods shall show the type and quantity of the Goods and dates(s) of delivery. Invoices for Services shall show the nature of the service, applicable rate, and date(s) of service. Invoices may be submitted after such Goods and Services are delivered; however, all Goods and Services delivered before September 30th of any given year must be invoiced by September 30th of that year. Vendor shall provide a W-9 with the first invoice. Payment shall be made only for Goods and Services actually ordered and received pursuant to this Agreement. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will 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. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty, or incomplete rendition of Goods and Services. 7. TAX EXEMPT: Prices applicable to the City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, the City will provide the Vendor with proof of tax-exempt status. 8. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive the City’s rights and immunities under the common 1313 Sole Source Agreement 25-060SS – SmartCover Systems 4 law or section 768.28, Florida Statutes, as may be amended. 9. ATTORNEY’S FEES: In the event that either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees and court costs. 10. PUBLIC RECORDS: The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida’s Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service when utilizing non-City-owned equipment; B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, 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 City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor’s possession. All records stored electronically by Vendor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 11. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further 1314 Sole Source Agreement 25-060SS – SmartCover Systems 5 certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The 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, the 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 the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 12. E-VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., “Employment Eligibility,” including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. 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. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. 13. DISPUTES: Any disputes that arise between the parties regarding the performance of this Agreement and 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. 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by either Party for convenience upon fourteen (14) calendar days of written notice, in which event the Vendor shall be compensated for Goods provided and Services performed through the termination date. 15. TERMINATION FOR CAUSE: In addition to all other remedies available to the aggrieved Party, this Agreement shall be subject to cancellation by either Party for cause, should the other Party neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days after receipt by the defaulting Party of written notice of such neglect or failure. 16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City and its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub-subcontractors (collectively, “Indemnified Party”), 1315 Sole Source Agreement 25-060SS – SmartCover Systems 6 from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys’ fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the Indemnified Party arising out of or resulting from (A) Vendor’s performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor’s, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor’s failure to take out and maintain insurance as required under this Agreement. 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 against an Indemnified Party, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. If considered necessary by the City and the City Attorney, any sums due Vendor under this Agreement may be retained by the City until all claims subject to this indemnification obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the City. 17. INSURANCE: At the time of execution of this Agreement, the Vendor shall provide the City with a copy of its Certificate of Insurance reflecting lines of insurance customary and appropriate to the Vendor’s business. Please see the City’s minimum insurance requirements listed in Exhibit C. The Certificate of Insurance shall name the City of Boynton Beach and its officers, employees, and agents as additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or lost profits or consequential damages. 19. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. The Parties intend that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City’s employee for any purpose. Vendor shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement 20. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 21. ASSIGNMENT: If this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered under any circumstances by Vendor, Vendor must 1316 Sole Source Agreement 25-060SS – SmartCover Systems 7 gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of the company shall constitute an assignment that requires the City’s approval. Notwithstanding the foregoing, Vendor may, without City’s consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. 22. NO LIEN. The Vendor shall not at any time permit any lien, attachment, or any other encumbrance under the laws of the State of Florida, or otherwise, by any person or persons whomsoever to be filed or recorded against the City, against any City property or money due or to become due for any work done or materials furnished under this Agreement by Vendor. 23. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 24. NON-EXCLUSIVE: This Agreement is non-exclusive. City may retain additional entities to perform the same or similar work. 25. REPRESENTATION OF AUTHORITY: Vendor represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of Vendor and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that Vendor has with any third party or violates applicable law. Vendor further represents and warrants that execution of this Agreement is within Vendor’s legal powers, and each individual executing this Agreement on behalf of Vendor is duly authorized by all necessary and appropriate action to do so on behalf of Vendor and does so with full legal authority. 26. RIGHTS IN DOCUMENTS AND WORK: Any and all videos, photographs, documents, materials, data, or other work created by Vendor in connection with performing services, whether finished or unfinished (“Documents and Work”), shall be owned by City, and Vendor hereby transfers to City all right, title, and interest, including any copyright or other intellectual property rights, in or to the Documents and Work. Upon expiration or termination of this Agreement, the Documents and Work shall become the property of City and shall be delivered by Vendor to City within seven (7) days after expiration or termination. Any compensation due to Vendor may be withheld until all Documents and Work are received as provided in this Agreement. Vendor shall ensure that the requirements of this section are included in all agreements with all subcontractor(s). 1317 Sole Source Agreement 25-060SS – SmartCover Systems 8 27. THIRD-PARTY BENEFICIARIES: Neither Vendor nor City intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 28. MATERIALITY AND WAIVER OF BREACH: Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. City’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of this Agreement. To be effective, any waiver must be in writing and signed by an authorized signatory of the Party granting the waiver. 29. COUNTERPARTS AND MULTIPLE ORIGINALS: This Agreement may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 30. NON-DISCRIMINATION: Vendor and any subcontractors shall not discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. 31. ENTIRE AGREEMENT. The Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties’ mutual agreement set forth in writing and signed by the parties. 32. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 33. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 34. COUNTRIES OF CONCERN. The vendor represents that it is and will remain in compliance with Section 286.101, Florida Statutes, for the duration of the term. 1318 Sole Source Agreement 25-060SS – SmartCover Systems 9 35. PUBLIC ENTITY CRIME ACT. Vendor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Vendor further represents that there has been no determination that it committed a “public entity crime” as defined by Section 287.133, Florida Statutes and that it has not been formally charged with committing an act defined as a “public entity crime” regardless of the amount of money involved or whether Vendor has been placed on the convicted vendor list. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA SMARTCOVER SYSTEMS _________________________________ ________________________________ Rebecca Shelton, Mayor Approved as to Form: __________________________________ SmartCover Systems ________________________________ Print Name of Authorized Official ________________________________ Title Shawna G. Lamb, City Attorney Attested/Authenticated: __________________________________ Maylee DeJesus, City Clerk (Corporate Seal) Attest/Authenticated: _________________________________ (Signature), Witness __________________________________ Print Name 1319 Sole Source Agreement 25-060SS – SmartCover Systems 10 EXHIBIT A SCOPE OF SERVICES SMARTLEVEL™ REMOTE SEWER MONITORING FOR THE CITY OF BOYNTON BEACH 1 SMARTCOVER – SMARTLEVEL MONITORING SYSTEM SmartCover is pleased to provide the following proposal for the installation and operation of fifteen (15) SmartCover, SmartLevel remote monitoring system in the collection system for the City of Boynton Beach. 1.1 INSTALLATION Installation: SmartCover will install the SmartLevel hardware (see Section 2) and, while on site, verify operations, including full two-way communications to the SmartCover system. NO CONFINED SPACE ENTRY IS REQUIRED for installation of the SmartLevel unit. Installation takes no longer than ninety (90) minutes per site, usually less. Traffic control is not included in this pricing proposal and, if needed, is assumed to be the responsibility of the Customer. 1.2 TRAINING After installation of the units and verification of operation, SmartCover will provide training to gather and interpret the SmartLevel data. Training should take no longer than one (1) hour and will be performed online (or in person if installed by SmartCover). Instructions on general data access will still be provided after the installation. 1.3 SMARTCARE™ SERVICE When purchased with battery and parts warranty, SmartCover Labor Warranty services offered in this proposal include:  System troubleshooting  Routine maintenance  Parts and battery replacement 1320 Sole Source Agreement 25-060SS – SmartCover Systems 11 Services will be performed by a local SmartCover factory-trained representative. Adequate spare parts inventory will be maintained locally to minimize downtime of systems. Damage to the units caused by the Customer or Customer contractors will be documented and invoiced at the time of service. 2 LIMITED WARRANTY Limited Warranty The equipment components of the SmartCover are warranted free from material defects of material and workmanship for a period of one (1) year from the date of installation. Unless otherwise stated, the SmartCover warranty herein is a parts-only warranty. Should the Customer discover any condition that might invoke a warranty claim, they are to expeditiously and without delay notify the SmartCover Technical Services group. Upon notification, SmartCover will assess and instruct the user on follow-on actions. Should a component fail as a result of a defect in material or workmanship, SmartCover will replace the component or repair it at the SmartCover location. For all valid warranty claims, as determined by SmartCover reasonable freight charges to and from Customer shall be paid by SmartCover. In all cases, SmartCover shall determine the shipping method and/or carrier unless otherwise agreed to in writing by Customer and SmartCover. Upon approval of a warranty failure by SmartCover, SmartCover will either repair or replace the defective component at SmartCover sole discretion. The foregoing warranty is exclusive. Repair or replacement in the manner provided above shall be the sole and exclusive remedy for breach of warranty and shall constitute fulfillment of all liabilities of SmartCover with respect to the quality and performance of the products. This warranty does not cover damage or repairs or replacements by any cause beyond the control of SmartCover, including acts of nature, improper use, lack of proper maintenance, vandalism, or unauthorized repair. SmartCover shall not be liable for any actual, exemplary, indirect or consequential damages, including damages for loss of goodwill or profits and/or losses, that stem from a failure or malfunction of the SmartCover system. SmartCover does not provide traffic control. Customer must provide traffic control for installation and servicing of all units. 1321 Sole Source Agreement 25-060SS – SmartCover Systems 12 EXHIBIT B FEE SCHEDULE Fees During Initial Term Part Number Description Unit Qty Unit Price Extended Price SC-Q-SB-15 SubSonic® System Components  E-Box System Control with onboard computer, modem, digital radio; fully potted and IP-68 rated.  Distance Sensing Module (DSM) with 0” to 79” sensor range, with 15’ cable and dual sensor.  PowerPack™- lithium thionyl chloride battery with high power density.  E-Square™ antenna, including antenna and installation kit. Mounting bracket kit- three-part amounting bracket set made of heavy gauge, hard-anodized aluminum; includes all mounting hardware. 15 $4,877 $73,155 System Parts Warranty ONE (1) Year, System Parts-Only Warranty  Limited Parts-Only Warranty on all SmartCover® System™ hardware.  See Warranty Statement for complete details- Section 6 15 Included Included EW-SC1 ONE (1) Year, Extended Parts Warranty  Limited Parts-Only Warranty on all SmartCover® System™ hardware. 15 $488 $7,320 PowerPack™ Warranty TWO (2) Year, PowerPack Warranty  Limited Parts-Only Warranty on the PowerPack™ 15 Included Included ASM-SC2 Active Site Management (ASM), Two Year: Comprehensive support services including:  Software subscription with unlimited number of users accessed with secure user name and password  Complete maintenance of all cloud based software  Regular feature updates and upgrades including SmartTrend™.  Hosting of data storage – unlimited data storage  Iridium Satellite connectivity service with bi-directional communication.  Advisories, Maintenance Alerts and Alarms issued to customer defined personnel via email and/or text message  Ongoing technical support via phone or online. 15 $835 $12,525 ASM-RD-2Y SmartRain® ASM, Two-Years 10 $226 $2,260 Installation Labor Installation Completed by trained SmartCover tech. 15 $500 $7,500 Tax* Not Included 1 N/A N/A Shipping Shipping and Handling Ground shipment FOB Escondido, CA 1 $465 $465 TOTAL All items above $103,225 *Note: The Customer is responsible for any applicable sales tax or for providing SmartCover a tax exempt certificate. Taxes will be added as an additional line item on invoices. 1322 Sole Source Agreement 25-060SS – SmartCover Systems 13 1 Year Renewal cost per unit after initial 2 years If additional services not included in the renewal described above are required after Initial Term, they will be provided at the rates below, and upon execution of an amendment to this Agreement. Renewals Renewals total for (15) ASM, Extended parts warranty, power pack and (10) smart rain locations – 1 Year 15 $1,239/ea $18,585 TOTAL All items above $18,585 Ongoing Costs After the conclusion of the 2 year term, the following fees will provide continued comprehensive services including software support, data storage, upgrades, added features, and satellite connectivity. These are annual charges paid prior to the start of the year. Part number Months covered Payment schedule Cost per year Active Site Management (ASM) (Required) Website Access, software subscription, satellite connectivity, data analysis, data storage, trend advisories, maintenance alerts, alarms, online S/C monitoring. ASM-SC1R 12 Every year $430 Each ASM-SC2R 24 Every other year $835 Each PowerPack™ Warranty (Optional) PARTS-ONLY, PowerPack™ Warranty for each installation, offering unlimited replacements during the Warranty term. PW-5C1R 12 Every year $243 Each PW-5C2R 24 Every other year $471 Each Systems Parts Warranty Extension (Optional) PARTS-ONLY, Warranty for each installation, covers: E-Box System Control, Distance Sensing Module (DSM), antenna, and mounting brackets EW-SC1R 12 Every year $488 Each EW-SC2R 24 Every other year $945 Each SmartCare™ Labor Warranty Extension (Optional) System troubleshooting and routine maintenance Labor Warranty 12 Every Year $1,000 Each SmartRain Environmental Data Service (Optional) Supplies hourly data for rainfall. Cost is per site per year. ASM-RD-1R Every year $117 ASM-RD-2R Every other year $226 1323 Sole Source Agreement 25-060SS – SmartCover Systems 14 EXHIBIT C INSURANCE REQUIREMENTS The City of Boynton Beach VENDOR INSURANCE REQUIREMENTS – PROCUREMENT 1. INSURANCE REQUIREMENTS: The successful bidder/contractor/firm or individual entering a resulting contract with the City shall provide, pay for and maintain in full force and affect at all times during the services to be performed the applicable insurance as set forth below. (Proof that insurance meets the City’s requirements must be provided prior to providing services to the City of Boynton Beach.) Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than:  $1,000,000 each occurrence  $3,000,000 annual aggregate for Bodily Injury, Personal Injury, and Advertising Injury  $1,000,000 per occurrence for Property Damage  $1,000,000 each occurrence and $2,000,000 project aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability, Independent Contractors. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Professional Liability/Malpractice Coverage must be afforded under a Professional/Allied Health/Malpractice Liability policy with limits not less than:  $2,000,000 each occurrence  $3,000,000 annual aggregate Workers’ Compensation and Employer’s Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any contractor performing work on behalf of the City must provide Workers’ Compensation insurance of at least the statutory requirements in addition to Employer’s Liability in the amount not less than $1,000,000 per accident. Exceptions and exemptions will be allowed by the City’s Risk Management Department, if they are in accordance with Florida Statute. The Contractor and its insurance carrier waive all subrogation rights against the City, a political subdivision of the State of Florida, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC00 03 13 Waiver of our Right to Recover from others or equivalent. DIVISION OF RISK MANAGEMENT 100 E. Ocean Avenue Boynton Beach, Florida 33435 (P): 561-742-6271 | (F): 561-742-6274 www.boynton-beach.org 1324 Sole Source Agreement 25-060SS – SmartCover Systems 15 Contractor must be in compliance with all applicable State and federal workers’ compensation laws, including the U.S. Longshore and Harbor Workers’ Compensation Act or Jones Act, if applicable. For any Contractor who has exempt status as an individual, the City requires proof of Workers’ Compensation insurance coverage for that Contractor’s employees, leased employees, volunteers, and any workers performing work in execution of this Contract. If the Contractor has applied for a workers’ compensation exemption, the City does not recognize this exemption to extend to the employees of the Contractor. The Contractor is required to provide proof of coverage for their employees, leased employees, volunteers and any workers performing work in execution of this Contract. This applies to all contractors including but not limited to the construction industry. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Contract, including but not limited to, all hazardous materials identified under the Contract. Contractor must keep insurance in force until the third anniversary of expiration of this Contract or the third anniversary of acceptance of work by the CITY. Property Coverage (Builder’s Risk) Coverage must be afforded in an amount not less than 100% of the total project cost, including soft costs, with a deductible of no more than $25,000 each claim. Coverage form shall include, but not be limited to:  All Risk Coverage including Flood and Windstorm with no coinsurance clause  Guaranteed policy extension provision  Waiver of Occupancy Clause Endorsement, which will enable the City to occupy the facility under construction/renovation during the activity  Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project  Equipment Breakdown for cold testing of all mechanized, pressurized, or electrical equipment For installation of property and/or equipment, Contractor must provide Builder’s Risk Installation insurance to include coverage for materials or equipment stored at the project site, while in transit, or while stored at a temporary location. Coverage limit must be no less than replacement cost. This policy shall insure the interests of the owner, contractor, and subcontractors in the property against all risk of physical loss and damage, and name the City as a loss payee. This insurance shall remain in effect until the work is completed and the property has been accepted by the City. Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders re unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Contract. b. The Contractor shall provide a Certificate of Insurance to the City with a thirty (30) day notice of cancellation; ten (10) days’ notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d. In the event the Contract term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Contract until this requirement is met. e. The certificate shall indicate if coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the certificate will show a retroactive date, which should be the same date of the initial contract or prior. f. The City shall be named as an Additional Insured on all liability policies, with the exception of Workers’ Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor’s Workers’ Compensation 1325 Sole Source Agreement 25-060SS – SmartCover Systems 16 insurance policy. h. The Contract, Bid/Contract number, event dates, or other identifying reference must be listed on the certificate. The Certificate Holder should read as follows: City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave Boynton Beach, FL 33435 The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self- insured retention; including any loss not covered because of the operation of such deductible, co- insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor’s expense. If the Contractor’s primary insurance policy/policies do not meet the minimum requirements, as set forth in this Contract, the Contractor may provide an Umbrella/Excess insurance policy to comply with this requirement. The Contractor’s insurance coverage shall be primary insurance as respects to the City, a political subdivision of the State of Florida, its officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officials, employees, or volunteers shall be excess of Contractor’s insurance and shall be non-contributory. Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Contract shall be deemed unacceptable and shall be considered breach of contract. All required insurance policies must be maintained until the contract work has been accepted by the City, and/or this Contract is terminated. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Contract. The City reserves the right to review, at any time, coverage forms and limits of Contractor’s insurance policies. All notices of any claim/accident (occurrences) associated with this Contract, shall be provided to the Contractor’s insurance company and the City’s Risk Management office as soon as practical. It is the Contractor's responsibility to ensure that all independent and subcontractors comply with these insurance requirements. All coverages for independent and subcontractors shall be subject to all of the requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. NOTE: These are minimal insurance requirements. Additional insurance, (e.g., Sexual Assault and Molestation, etc.) may be required based upon the type of event, event location, and/or number of participants. Revised 04/25/2025 1326 2 1 1 0 E n t e r p r i s e S t r e e t | E s c o n d i d o, C A | 9 2 0 2 9 SMARTLEVEL™ REMOTE SEWER MONITORING FOR THE CITY OF BOYNTON BEACH PREPARED FOR City of Boynton Beach Boynton Beach, FL PREPARED BY Doug Boccuti SmartCover Regional Manager May 29, 2025 1327 1 May 29, 2025 City of Boynton Beach 124 E Woolbright Rd. Boynton Beach, FL 33435 All, Thank you for the opportunity to submit this price proposal for a SmartLevel solution to be installed in the City of Boynton Beach. The SmartLevel system offers cost effective satellite manhole monitoring to eliminate sewer overflows, optimize collection system cleaning, and accurately identify inflow and infiltration (I&I). The comprehensive data management and analytics software platform allows you to efficiently manage real-time data to enhance performance, reduce costs, and optimize resources. Additional benefits include: •Continuous system visibility through Iridium satellite communication with no disruptions during extreme weather events or poor coverage associated with cellular networks. •No confined space entry and simple manhole retrofit minimizes field resources and safety hazards •Full data available within an hour of installation If you have any questions, please don’t hesitate to contact me at 407-404- 0882 or via email at dboccuti@smartcoversystems.com. Best Regards, Doug Boccuti Regional Sales Manager SmartCover 1328 2 Contents 1 SMARTCOVER – SMARTLEVEL MONITORING SYSTEM .................................... 3 1.1 INSTALLATION ...................................................................................................... 3 1.2 TRAINING ................................................................................................................ 3 1.3 SERVICE ................................................................................................................... 3 2 PRICING SUMMARY .................................................................................................... 5 3 STANDARD TERMS & CONDITIONS ....................................................................... 6 3.1 DELIVERY ................................................................................................................ 6 3.2 TERMS AND CONDITIONS .................................................................................. 6 4 ONGOING COSTS .......................................................................................................... 7 5 ADDITIONAL TERMS & CONDITIONS, LIMITED WARRANTY........................ 8 6 PURCHASE ACCEPTANCE ..........................................................................................10 1329 3 1 SMARTCOVER – SMARTLEVEL MONITORING SYSTEM SmartCover is pleased to provide the following proposal for the installation and operation of fifteen (15) SmartCover, SmartLevel remote monitoring system in the collection system for the City of Boynton Beach. The price for the system is provided in Section 2 - Pricing Summary. Pricing on page 5 represents the purchase, installation, and ongoing operating costs for two (2) years. SmartCover reserves the right to amend the pricing in the proposal if additional costs to SmartCover Systems are required by the Customer (ex. bonds, additional insurance requirements beyond standard coverages carried by SmartCover, etc.). 1.1 INSTALLATION Installation: SmartCover will install the SmartLevel hardware (see Section 2) and, while on site, verify operations, including full two-way communications to the SmartCover system. NO CONFINED SPACE ENTRY IS REQUIRED for installation of the SmartLevel unit. Installation takes no longer than ninety (90) minutes per site, usually less. Traffic control is not included in this pricing proposal and, if needed, is assumed to be the responsibility of the Customer. 1.2 TRAINING After installation of the units and verification of operation, SmartCover will provide training to gather and interpret the SmartLevel data. Training should take no longer than one (1) hour and will be performed online (or in person if installed by SmartCover). Instructions on general data access will still be provided after the installation. 1.3 SMARTCARE™ SERVICE When purchased with battery and parts warranty, SmartCover Labor Warranty services offered in this proposal include: • System troubleshooting • Routine maintenance • Parts and battery replacement 1330 4 Services will be performed by a local SmartCover factory-trained representative. Adequate spare parts inventory will be maintained locally to minimize downtime of systems. Damage to the units caused by the Customer or Customer contractors will be documented and invoiced at the time of service. 1331 5 2 PRICING SUMMARY Part Number Description Unit Qty Unit Price Extended Price SC-Q-SB-15 SubSonic® System Components •E-Box System Control with onboard computer, modem, digital radio; fully potted and IP-68 rated. •Distance Sensing Module (DSM) with 0” to 79” sensor range, with 15’ cable and dual sensor. •PowerPack™- lithium thionyl chloride battery with high power density. •E-Square™ antenna, including antenna and installation kit. Mounting bracket kit- three-part amounting bracket set made of heavy gauge, hard-anodized aluminum; includes all mounting hardware. 15 $4,877 $73,155 System Parts Warranty ONE (1) Year, System Parts-Only Warranty •Limited Parts-Only Warranty on all SmartCover® System™ hardware. •See Warranty Statement for complete details- Section 6 15 Included Included EW-SC1 ONE (1) Year, Extended Parts Warranty •Limited Parts-Only Warranty on all SmartCover® System™ hardware. 15 $488 $7,320 PowerPack™ Warranty TWO (2) Year, PowerPack Warranty •Limited Parts-Only Warranty on the PowerPack™15 Included Included ASM-SC2 Active Site Management (ASM), Two Year: Comprehensive support services including: •Software subscription with unlimited number of users accessed with secure user name and password •Complete maintenance of all cloud based software •Regular feature updates and upgrades including SmartTrend™. •Hosting of data storage – unlimited data storage •Iridium Satellite connectivity service with bi-directional communication. •Advisories, Maintenance Alerts and Alarms issued to customer defined personnel via email and/or text message •Ongoing technical support via phone or online. 15 $835 $12,525 ASM-RD-2Y SmartRain® ASM, Two-Years 10 $226 $2,260 Installation Labor Installation Completed by trained SmartCover tech. 15 $500 $7,500 Tax* Not Included 1 N/A N/A Shipping Shipping and Handling Ground shipment FOB Escondido, CA 1 $465 $465 TOTAL All items above $103,225 *Note: The Customer is responsible for any applicable sales tax or for providing SmartCover a tax exempt certificate. Taxes will be added as an additional line item on invoices. 1332 6 1 Year Renewal cost per unit after initial 2 years Renewals Renewals total for (15) ASM, Extended parts warranty, power pack and (10) smart rain locations – 1 Year 15 $1,239/ea $18,585 TOTAL All items above $18,585 3 STANDARD TERMS & CONDITIONS 3.1 DELIVERY •Standard: Four (4) weeks upon receipt of a Purchase Order and with receipt of complete engineering and site information from the customer as requested. To note: The “standard four (4) weeks” is not a guarantee but a good faith estimate. It is strongly recommended that an order be placed as early as possible. Reasonable efforts will be made to provide earlier delivery, if requested. •All customers will be notified of the shipment date upon Order Acknowledgement. •Actual availability may vary depending on total demand. 3.2 TERMS AND CONDITIONS •Payment: Net 30 days. •Cancellations: For all orders of less than $10,000, cancellation is accepted prior to shipment. For orders equal to or greater than $10,000, a 15% restocking charge is applied for cancellation. •Returns: Returns are accepted with a valid Return Material Authorization (RMA) number only. Contact Customer Service for an RMA number. •All paid Warranties and Active Site Management (ASM) services begin on the day of shipment. 1333 7 4 ONGOING COSTS AFTER 2ND YEAR Ongoing Costs After the conclusion of the 2 year term, the following fees will provide continued comprehensive services including software support, data storage, upgrades, added features, and satellite connectivity. These are annual charges paid prior to the start of the year. Part number Months covered Payment schedule Cost per year Active Site Management (ASM) (Required) Website Access, software subscription, satellite connectivity, data analysis, data storage, trend advisories, maintenance alerts, alarms, online S/C monitoring. ASM-SC1R 12 Every year $430 Each ASM-SC2R 24 Every other year $835 Each PowerPack™ Warranty (Optional) PARTS-ONLY, PowerPack™ Warranty for each installation, offering unlimited replacements during the Warranty term. PW-5C1R 12 Every year $243 Each PW-5C2R 24 Every other year $471 Each Systems Parts Warranty Extension (Optional) PARTS-ONLY, Warranty for each installation, covers: E-Box System Control, Distance Sensing Module (DSM), antenna, and mounting brackets EW-SC1R 12 Every year $488 Each EW-SC2R 24 Every other year $945 Each SmartCare™ Labor Warranty Extension (Optional) System troubleshooting and routine maintenance Labor Warranty 12 Every Year $1,000 Each SmartRain Environmental Data Service (Optional) Supplies hourly data for rainfall. Cost is per site per year. ASM-RD-1R 12 Every year $117 ASM-RD-2R 24 Every other year $226 1334 8 5 ADDITIONAL TERMS & CONDITIONS, LIMITED WARRANTY Mutual Hold Harmless SmartCover agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Customer from any and all claims that may arise, or damages that may result, to SmartCover or SmartCover staff to the extent caused by SmartCover’s negligence during the performance of this contract. Customer agrees, to the fullest extent permitted by law, to indemnify and hold harmless SmartCover, its officers, directors, employees and subcontractors (collectively, SmartCover) from any and all claims that may arise, to the extent caused by the Customer's negligent acts in connection with the installation, operation, or use of the SmartCover, and the acts of its contractors, subcontractors or consultants or anyone for whom the Customer is legally liable. Neither SmartCover nor the Customer shall be obligated to indemnify the other party in any manner whatsoever for the other party’s negligence. Loss of Communications Customer acknowledges that SmartCover is not responsible for the loss of wireless communication or internet communications or any communications used in the operation of this system. Advisory Only SmartCover is an advisory service only. As such, SmartCover and its founders, owners, or staff are not responsible for any damage of any kind or from any cause whatsoever that may result from, in relation to, in connection with, due to, or as a result of the installation or operation of the system, including without limitation, equipment failure, or any consequential damages caused by, or resulting from, the use or installation of the SmartCover system. Limited Warranty The equipment components of the SmartCover are warranted free from material defects of material and workmanship for a period of one (1) year from the date of installation. Unless otherwise stated, the SmartCover warranty herein is a parts-only warranty. Should the Customer discover any condition that might invoke a warranty claim, they are to expeditiously and without delay notify the SmartCover Technical Services group. Upon notification, SmartCover will assess and instruct the user on follow-on actions. Should a component fail as a result of a defect in material or workmanship, SmartCover will replace the component or repair it at the SmartCover location. For all valid warranty claims, as determined by SmartCover reasonable freight charges to and from Customer shall be paid by SmartCover. In all cases, SmartCover shall determine the shipping method and/or carrier unless otherwise agreed to in writing by 1335 9 Customer and SmartCover. Upon approval of a warranty failure by SmartCover, SmartCover will either repair or replace the defective component at SmartCover sole discretion. The foregoing warranty is exclusive. Repair or replacement in the manner provided above shall be the sole and exclusive remedy for breach of warranty and shall constitute fulfillment of all liabilities of SmartCover with respect to the quality and performance of the products. This warranty does not cover damage or repairs or replacements by any cause beyond the control of SmartCover, including acts of nature, improper use, lack of proper maintenance, vandalism, or unauthorized repair. SmartCover shall not be liable for any actual, exemplary, indirect or consequential damages, including damages for loss of goodwill or profits and/or losses, that stem from a failure or malfunction of the SmartCover system. SmartCover does not provide traffic control. Customer must provide traffic control for installation and servicing of all units. In no event shall SmartCover’s liability, whether in contract or in tort (including negligence and strict liability), exceed the price of the Product from which such liability arises. Rights to Use The SmartCover® family of products and all resulting data produced by them are proprietary and protected by a suite of intellectual property assets including but not limited to patents, trademarks and copyrights. The right to use these products and data is limited to the purchaser only. Any disclosure, use or other unauthorized disposition of any SmartCover® product or proprietary data outside the purchaser’s organization, including third-party consultants, is prohibited. 1336 10 6 PURCHASE ACCEPTANCE Prices listed are valid for 90-days from this proposal date. ACTION: Please include this entire document with Purchase Order Signatures SmartCover City of Boynton Beach _ _________________ Signature Doug Boccuti Printed Name Regional Sales Manager Title May 29, 2025 Date Signature Printed Name Title Date 1337 Sole Source – Manufacturer 25009SD Rev D 03/2021 Page 1 of 1 Customer Name Date Address City, State Zip This letter is to provide notification that Hadronex, Inc. (doing business as SmartCover® Systems™) herein known as “Company” with corporate offices located at 2110 Enterprise Street, Escondido, CA 92029, is the sole creator, manufacturer and marketer of a group of systems and products, including: the award winning SmartCover®; SmartFLOE™; SmartVault™; SmartWeir™; SmartClean®; SmartTank; SmartTrend®; SmartRain™; SmartTide™; UnderCover®; SubSonic®; H2Scents® and StreamWatch®. The SmartCover® family of products are both patented and proprietary, designed and manufactured by the Company to provide users with unique qualities and functions based on acquiring water level and/or flow data as well as other data in the sewer collection system or other structures with open channel flows, using ultrasonic, pressure or combined technology combined with embedded analytics and data fusion. The SmartCover® system, which acquires and transmits data through the Iridium® military grade satellite network, is immune to terrestrial communications interruptions caused by storms or hurricanes and provides 24/7 user access via a secure web browser and through a dedicated, secure user website. SmartCover® uniquely provides real-time, continuous monitoring capability powered by an engineered and proprietary long-life lithium thionyl chloride battery pack. It uniquely communicates with an embedded digital radio through the Iridium® satellite system assuring global, redundant and continuous coverage. Users acquire trend data via the patented and proprietary SmartTrend® analysis software tool which issues predictive “Advisories” on developing trends, “Alarms” for surcharges and intrusions and maintenance “Alerts” that monitor specific operational parameters system. All notifications provide information and resources enabling Sewer Intelligence® - effective, informed decision-making for corrective or preemptive action. Patent pending SmartRain™; StreamWatch® and SmartTide™ data services are available where users are presented a “multigraph view” for fast and easy comparison of the SmartCover® (level) or SmartFLOE™ (flow) data with local environmental data. SmartClean® provides advanced maintenance forecasting to reduce cost and risk. Mounted directly on the manhole cover, the patented SmartCover® configuration is designed to be installed with no confined space entry per OSHA CFR 1910.146(b). The manhole cover mounting also provides a real-time intrusion alarm when the manhole cover is opened, providing a unique capability to detect intrusions or entries into the manhole or hatch. Company solely provides ongoing professional services for management and security of data, software maintenance and upgrades, the user website interface and exercise of the Iridium Satellite communications system. These essential services directly enable users to have seamless, robust and ongoing access to real-time data from remote locations. Company is protected by the following US Patents: 7,589,630; 7,598,858; 7,944,352; 7,948,215; 8,607,654; 9,297,684; 9,482,568; 10,612,228 and 10,901,068. The systems are also protected by registered trademarks and international patents. Company also has a Madrid Treaty filing for its main trademark. We hope this information will satisfy your requirements and that it clearly demonstrates the special, patented, unique and proprietary features of our systems. Sincerely, Corey Williams, P.E. President/CEO, SmartCover Systems cwilliams@smartcoversystems.com 1338 City of Boynton Beach Agenda Item Request Form 7.D Consent Bids and Purchases 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Resolution No. R25-206- Approve Amendment No. 2 to Task Order No. UT-3E- 04 (PO #221711) with West Architecture and Design, LLC for professional architectural and engineering services relating to the West Water Treatment Plant Water Quality Lab Improvements and Miscellaneous Upgrades, for additional Construction Administration Services for the Project and increasing the total fee of the Task Order to $247,280. Requested Action: Staff recommends approval of Proposed Resolution No. R25-206. Explanation of Request: Boynton Beach Utilities is utilizing the General Consulting Services Contract (RFQ No. 046- 2821-17/TP) to support Utilities Capital Improvement Projects (CIP) by issuing Task Order UT- 3E-04 to West Architecture + Design, LLC to provide professional services for the Water Quality Laboratory Improvements project at the West Water Treatment Plant (WWTP), 5469 W. Boynton Beach Boulevard, which includes architect and engineering design, permitting, bidding assistance, and limited construction administrative services for the interior renovation and improvements to the existing water quality laboratory and minor upgrades to the remainder of the water treatment facility. The current water quality laboratory located at the West Water Treatment Plant (WWTP), 5469 W. Boynton Beach Boulevard, is reaching the end of its useful life and is in need of renovation. Implementation of the Water Quality Laboratory Improvements project will provide necessary upgrades to the current facility and will allow the City to continue to perform daily water quality testing, maintain laboratory certification, and avoid more costly repairs in the future. The additional professional services to be provided by West Architecture + Design, LLC, as defined in the scope of work for Amendment No. 2, include additional construction administration services as result of multiple unforeseen conditions; mold was discovered during construction which led to additional coordination with the design team and contractor to address safety, health and clearing to start demolition activities, delaying the final completion date of the project. Additionally, a change in mechanical equipment was required due to availability issues, which required additional time from the Consultant team and subs to re- 1339 evaluate the equipment compatibility, system performance and layout adjustments, and adjust the design. Multiple discrepancies were found by the contractor, which required real time revisions to resolve conflict in a timely manner to not delay construction. Additionally, unforeseen conditions were encountered during construction requiring the design team to quickly respond with modifications to construction details, layouts, and material selections. Due to the unforeseen conditions and the overall volume of documentation, the number of RFI’s and submittals has exceeded expectations, resulting in a higher administrative and technical review effort to the Consultant. Also, due to the frequency of field issues and the need for a quick coordination, the construction progress meeting increased from monthly to bi- weekly, increasing the time and administrative work to the consultant. West Architecture + Design, LLC participated in the procurement process, was awarded, and entered into a new Agreement for CCNA General Consulting Services with the City, thereby complying with the CCNA’s procurement requirements; however, the Consultant has agreed to honor the pricing and terms of the Original Agreement for the scope of work related to the Project. The proposed increase to PO 221711 is as follows: Original amount $118,040 Amendment # 1 $ 47,100 Amendment # 2 $ 82,140 Total $247,280 How will this affect city programs or services? Implementation of the project will allow the City to continue to provide a high level of service to our residents and businesses, perform daily water quality testing, maintain laboratory certification, and comply with all regulatory requirements. Budgeted Item: Yes 1340 Account Line Item and Description: ACCT # 403-5000-535.-65.02- Project WT1605- $270,793 available Budget Fiscal Impact: Current Authorized amount prior to amendment #2 is $165,150. Amendment 2 will authorize the Utility to encumber an additional $82,140 with West Architecture for a new total contract price of $247,140. Funding is available in the Utilities CIP in the following account: 403-5000-533.65-02, WT1605. (Available Budget $270,793). Attachments: R25-206 Agenda_Item_3425- 2025_Resolution_for_West_Architecture_Task_Order_Amd.docx Exhibit A to Resolution - West Amendment #2 and Reso SIGNED.pdf Executed GES Contract-West Arch.pdf PO 221711.pdf West-Arch Amendment #1.pdf West-Arch Amendment #2.pdf A22-024 West-Original contract.pdf Agenda cover apprv Original contract.pdf CO#1 PO 221711.pdf Commision Action Summary Amendment #1 approv.pdf West Architecture - COI ending 1-2026.pdf Gen Engineering Consulting Agreement - West Architecture.pdf 1341 RESOLUTION NO. R25-206 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 TO TASK ORDER 2 NO. UT-3E-04 WITH WEST ARCHITECTURE + DESIGN, LLC, FOR 3 PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES 4 RELATING TO THE WEST WATER TREATMENT PLANT WATER QUALITY 5 LAB IMPROVEMENTS AND MISCELLANEOUS UPGRADES, FOR 6 ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES FOR THE 7 PROJECT AND INCREASING THE TOTAL FEE OF THE TASK ORDER TO 8 $247,280; AND FOR ALL OTHER PURPOSES. 9 10 11 WHEREAS, on August 22, 2018, the City and West Architecture + Design, LLC 12 (“Consultant”) entered into an Agreement for General Consulting Services (“Original Agreement”), 13 which authorized the City to issue task orders for projects on an as-needed basis; and 14 WHEREAS, on August 11, 2022, the City issued Purchase Order No. 221711 and approved 15 Task Order UT-3E-04 (the “Original Task Order”) for professional architectural and engineering 16 services relating to the West Water Treatment Plant Water Quality Lab Improvements and Misc. 17 Upgrades (the “Project”); and 18 WHEREAS, on April 18, 2023, the City Commission approved the First Amendment to the 19 Original Task Order for Consultant to provide additional design services to the City regarding the 20 Project and to adjust the fees (the “First Amendment”) (the Original Task Order and First 21 Amendment are collectively referred to as the “Task Order”); and 22 WHEREAS, the Parties desire to execute a Second Amendment to the Task Order so the 23 Consultant can provide additional Construction Administration Services for the Project in an 24 amount of $82,140, increasing the total fee payable to the Consultant under this Task Order to an 25 amount not to exceed $247,280; and 26 WHEREAS, the consultant participated in the procurement process, was awarded, and 27 entered into a new Agreement for CCNA General Consulting Services with the City, thereby 28 complying with the CCNA’s procurement requirements; however, the Consultant has agreed to 29 honor the pricing and terms of the Original Agreement for the scope of work related to the Project; 30 and 31 32 1342 RESOLUTION NO. R25-206 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 33 best interests of the City's citizens and residents to approve Amendment No. 2 to Task Order No. 34 UT-3E-04 with West Architecture + Design, LLC, for professional architectural and engineering 35 services relating to the West Water Treatment Plant Water Quality Lab Improvements and 36 Miscellaneous Upgrades, for additional Construction Administration Services for the Project and 37 increasing the total fee of the Task Order to $247,280. 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 40 BEACH, FLORIDA, THAT: 41 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 42 being true and correct and are hereby made a specific part of this Resolution upon adoption. 43 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 44 approve Amendment No. 2 to Task Order No. UT-3E-04 with West Architecture + Design, LLC, for 45 professional architectural and engineering services relating to the West Water Treatment Plant 46 Water Quality Lab Improvements and Miscellaneous Upgrades, for additional Construction 47 Administration Services for the Project and increasing the total fee of the Task Order to $247,280 48 (the “Amendment”), in form and substance similar to that attached as Exhibit A. 49 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 50 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any 51 ancillary documents as may be necessary to accomplish the purpose of this Resolution. 52 SECTION 4. The City Clerk shall retain the fully executed Amendment as a public record 53 of the City. A copy of the fully executed Amendment shall be provided to Eduardo Garcia to 54 forward to the Consultant. 55 SECTION 5. This Resolution shall take effect in accordance with the law. 56 57 [SIGNATURES ON THE FOLLOWING PAGE] 58 59 1343 RESOLUTION NO. R25-206 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 60 CITY OF BOYNTON BEACH, FLORIDA 61 YES NO 62 Mayor – Rebecca Shelton _____ _____ 63 64 Vice Mayor – Woodrow L. Hay _____ _____ 65 66 Commissioner – Angela Cruz _____ _____ 67 68 Commissioner – Thomas Turkin _____ _____ 69 70 Commissioner – Aimee Kelley _____ _____ 71 72 VOTE ______ 73 ATTEST: 74 75 _____________________________ ______________________________ 76 Maylee De Jesús, MPA, MMC Rebecca Shelton 77 City Clerk Mayor 78 79 APPROVED AS TO FORM: 80 (Corporate Seal) 81 82 _______________________________ 83 Shawna G. Lamb 84 City Attorney 85 1344 1345 1346 1347 1348 1349 1350 1351 1352 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and WEST ARCHITECTURE + DESIGN, LLC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act,the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services X Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services C-1 V.5 CLEAN FINAL 1353 its Sub-consultants'work. 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT 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 CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT 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 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency Boynton Beach Utilities-General Consulting Services C_2 V.5 CLEAN FINAL 1354 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. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY 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 Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six 6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final 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 staff level and meetings with the appropriate governing body and the CITY. 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. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by Boynton Beach Utilities-General Consulting Services C-3 V.5 CLEAN FINAL 1355 changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal,the CONSULTANT 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 CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT 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 CONSULTANT 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. 1.2.7 The CONSULTANT 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. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for Boynton Beach Utilities-General Consulting Services C-4 V.5 CLEAN FINAL 1356 construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three(3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY 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 CONSULTANT. The CONSULTANT 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 CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the Boynton Beach Utilities-General Consulting Services C-5 V.5 CLEAN FINAL 1357 percentage of work completed. The CONSULTANT will neither have control over or charge of, 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 assigned task order projects. 1.2.9.1 The CITY 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. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT 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 CITY from an unbalanced schedule of values which 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 found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or 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 CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT 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. Based on such observation and the Contractor's Application for Boynton Beach Utilities-General Consulting Services C-6 V.5 CLEAN FINAL 1358 Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY 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 CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY 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 CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT 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 CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Boynton Beach Utilities-General Consulting Services C-7 V.5 CLEAN FINAL 1359 Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors'work and the percentage of completion; 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 Securing and transmitting to the CITY, 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 CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or 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. Boynton Beach Utilities-General Consulting Services C-8 V.5 CLEAN FINAL 1360 Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT'S employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, 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 CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY 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 CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposal/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 CITY to be caused by the CONSULTANT (e.g. defective plans Boynton Beach Utilities-General Consulting Services C-9 V.5 CLEAN FINAL 1361 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 CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. 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 CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services C-10 V.5 CLEAN FINAL 1362 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'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 CONSULTANT'S services for a particular project. The CITY may have multiple CITY 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. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services C-11 V.5 CLEAN FINAL 1363 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older" task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven 7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities-General Consulting Services C-12 V.5 CLEAN FINAL 1364 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services C-13 V.5 CLEAN FINAL 1365 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 -TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty(180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 -TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services C-14 V.5 CLEAN FINAL 1366 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. 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 CITY'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 CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services C-15 V.5 CLEAN FINAL 1367 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 -OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering Boynton Beach Utilities-General Consulting Services C-16 V.5 CLEAN FINAL 1368 professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract,shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys'fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. 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 Boynton Beach Utilities-General Consulting Services C-17 V.5 CLEAN FINAL 1369 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of 1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services C-18 V.5 CLEAN FINAL 1370 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 -COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services C-19 V.5 CLEAN FINAL 1371 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this Certificate"within one (1) year following payment. ARTICLE 14-SUBCONTRACTING 14.1 The CITY 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. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 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 CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor 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. 14.3 The CONSULTANT, 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 City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 - DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services C-20 V.5 CLEAN FINAL 1372 ARTICLE 17 - NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18—TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY,this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty(30) days after receipt by CITY of written notice of breach. ARTICLE 19— DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20—UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services C-21 V.5 CLEAN FINAL 1373 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 —CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required;furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22—ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule.Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23—THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services C-22 V.5 CLEAN FINAL 1374 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbright Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: West Architecture + Design, LLC Attn: Martha A. Morgan 820 N. 4 Street Lantana, FL 33462 ARTICLE 25 - INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract,the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. Boynton Beach Utilities-General Consulting Services C-23 V.5 CLEAN FINAL 1375 ARTICLE 27— PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(aiBBFL.US Boynton Beach Utilities-General Consulting Services C-24 V.5 CLEAN FINAL 1376 Article 28 -LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this 7'14/6day of 73 20 /1 . CITY OFB YNTON BEACH WEST ARCHITECTURE + DESIGN, LLC by WEST CONSTRUCTION, INC. , Sole I. Owner City Manager CONSULTANT Attest/Authenticated: yilitac,C Martha A. Morgan, Pi - ident Title 4 Corporate Seal) City Cl)1,( 0/11, Approved .s to Form:A -s tut_icated: 44144411111116 i IIKO Office of the City Attorney Secretary : Matthew F. West Boynton Beach Utilities-General Consulting Services C-25 V.5 CLEAN FINAL 1377 EXHIBIT "A" SCOPE E- FEE SCHEDULE FIRM: West Architecture + Design, LLC DATE: July 02, 2018 (Revised) Personnel Classifications Hourly Rate Principal 180.00 Project Manager 130.00 Senior Engineer 150.00 Senior Planner 130.00 Senior Architect 120.00 Senior Landscape Architect 130.00 Senior Surveyor/Mapper 150.00 Structural Engineer 140.00 Architect 100.00 Urban Designer 150.00 Planner 80.00 Landscape Architect 115.00 Inspector(Zoning& Landscape) 100.00 GIS Specialist 112.00 Architectural CADD/Technician 80.00 Planning Technician 75.00 Clerical/Administrative 50.00 Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services C-26 V.5 CLEAN FINAL 1378 EXHIBIT "B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury 1,000,000.00 Liquor Liability Each Occurrence 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person)5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange 50,000.00 Non-Owned Autos PIP Basic Intermodal Garage Liability Auto Only,Each Accident 1,000,000.00 Any Auto Other Than Auto Only 100,000.00 Garage Keepers Liability Each Accident 1,000,000.00 Aggregate 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident 100,000.00 Disease,Policy Limit 500,000.00 Disease Each Employee 100,000.00 Property Homeowners Revocable Permit 300,000.00 Builder's Risk Limits based on Project Cost Other- As Risk Identified to be determined Boynton Beach Utilities-General Consulting Services C_27 V.5 CLEAN FINAL 1379 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: Name of Firm: Office Location: 1. Service: (Check One) Planning/Study Activity,Report,Other Design/Engineering Services/Preliminary Bid Document Final Document/Bidding/Contractor Award Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: Final Cost: b.Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check One) Unsatisfactory Poor Fair Good Excellent 7. Recommended for Future Contracts? Yes No Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title,and office of rating officer(e.g.Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services C_28 V.5 CLEAN FINAL 1380 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/spec accuracy 1 2 3 4 5 Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the highest score N/A 1. Specs afford competition 1 2 3 4 5 2. Specs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building & permitting agencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services C-29 V.5 CLEAN FINAL 1381 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score N/A 1. Drawings Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing (Accuracy, Timeliness, 1 2 3 4 5 Documentation, etc.) 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or 1 2 3 4 5 associate(s) work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services C40 V.5 CLEAN FINAL 1382 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services C41 V.5 CLEAN FINAL 1383 1384 1385 West Architecture + Design, LLC. 820 N 4th St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 1 of 3 Initial._____/_____ Project Information Contract Information Project No. A22-024 Contract No. A22-024-B Title BB Utilities WWTP – Water Quality Lab Improvements & Misc. Upgrades to West Water Treatment Plant Issue Date 03-21-23 Address 5469 West Boynton Beach Blvd. Subject: Architectural and Engineering Services Task Order # UT-3E-04 City, State, Zip Boynton Beach, FL Architecture Firm Client Contact Peter Ganci, Assoc. AIA, LEED AP BD+C Contact Angela Prymas, P.E. Title Principal Title Project Manager Company West Architecture + Design, LLC Company City of Boynton Beach Boynton Beach Utilities, Engineering Address 820 N 4th St Address: 124 E. Woolbright Rd.. City, State, Zip Lantana, Florida 33462 City, State, Zip Boynton Beach, Florida 33435 Phone 561-588-2027 Phone 561-742-6421 | Email pganci@west-arch.com Email PrymasA@bbfl.us Scope of Work: In accordance with the terms of the original master services agreement for Continuing General Consulting Services for RFQ#046-2821-17-TP dated: August 22, 2018. and the Standard Form of Agreement Between Owner And Architect ("Agreement") and Purchase Order, P.O. # 221711, made on the 11th day of August 2022, between City of Boynton Beach (“Client”), and WEST ARCHITECTURE+ DESIGN, LLC, ("Architectural Firm"), for professional Architectural and Engineering services relating to the Boynton Beach Utilities WWTP – Water Quality Lab Improvements & Misc. Upgrades to West Water Treatment Plant (“Project”). Project: Located at 300 W Woolbright Rd., Boynton Beach, FL 33425. Professional Services Supplemental Authorization 1386 West Architecture + Design, LLC. 820 N 4th St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 2 of 3 Initial._____/_____ Below is a list of the Additional Services requested for this project: Additional Design Services for the following items: 1. Commercial Range and Hood A. Included is the design services required for in reference to the new range and oven, i.e., hood with the fire suppression system, any structural considerations for roof penetration, changes in AC & electric, changes in plumbing for grease collection requirements, etc. B. Included are the design services for the sample refrigerator. C. Included are signed and sealed Engineered Hood Shop drawings for permit. D. Lunch Room 1) Provide Commercial Grease Exhaust Hood type 1 design 2) Provide grease duct specifications and routing for grease fan. 3) Adjust the new specified air conditioning to grantee positive pressure for the facility based on new exhaust being added. 4) Provide all electrical connections for new hood. Fire alarm (by others) E. Lunch Room Grease trap 1) Provide under sink grease trap, all piping and calculations. F. Electric Range 1) Provide all electrical connections for new range. G. New Refrigerator 1) Provide new refrigerator w/ ice maker. 2) Provide cold water line connection. 3) Relocate power to refrigerator if needed. 2. Upgraded UPS system A. Include the UPS location and sizing with the lab project and have the UPS sized by an engineer since there are changes to the labs electrical needs. B. Location and sizing of a new UPS to replace existing Lab UPS. C. Client Responsibility: 1) Provide one site meeting with Engineer and UPS rep. (Site visit completed (03-10-2023) 2) Provide worksheet with UPS requirements and to include the existing info on the ups to size properly. (Awaiting information) 3) Meeting to discuss UPS location. (Completed) 4) UPS sizing 5) UPS battery 6) UPS by-pass system. 7) Monitoring and notification. (Need contact number to add to ups system notification.) D. UPS System 1) Remove old UPS system complete. 2) Provide new 20kva single phase 208v UPS (TBD) and all associated panels, bypass, batteries and communications. UPS and equipment to be located per Original scope of work. Batteries to give approx 12-15 minutes. 3) Relocate all existing branch circuits presently on the old UPS and relocate to new UPS panel. Provide new conduit, feeders, breakers and transformer as needed. 4) New UPS to have the #1 Specimen refrigerator #MR45-SS-GARE-FS to be connected to the new UPS system. 5) Provide new 100a 42 circuit single phase 208v panel. (TBD) Tie to the new UPS bypass for 1387 West Architecture + Design, LLC. 820 N 4th St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 3 of 3 Initial._____/_____ the new UPS system to control when a power outage occurs. New panel to accommodate the existing, new and future Loads that will be on UPS system. 6) New UPS to have the #9 existing relocated AA Spectrometer #900 to be connected to the new UPS system. 7) Provide new 42 circuit single phase 208v panel. (TBD) Tie to the bypass for the new UPS system to control when a power outage occurs. New panel to accommodate the existing, new and future Loads that will be on UPS system. 8) Coordinate air-conditioning in the UPS room and upsize as needed. 3. Additional Coordination: A. Included is design services for coordination with other projects. Including unforeseen / unexpected issues due to field changes, etc. B. These services shall be on an hourly as needed basis with a not to exceed max. These services shall be approved by the City’s project manager prior to proceeding with the work. 4. Updated project estimate Below are our fees for the Task as noted above. Any additional modifications will be hourly, based on the hourly rates included in the original agreement noted above. Compensation shall be as follows: Additional Design Services for the following items: 1. Commercial Range and Hood $ 11,000 2. Upgraded UPS system $ 11,460 3. Additional Coordination $ 20,440 4. Updated project estimate $ 4,200 $ 47,100 (Hourly, not to exceed) Notes: 1. All Additional Site Visits for (3) disciplines ($2,500 per visit) Terms & Conditions: 1. All terms and conditions from the original agreement apply to this Professional Services Supplemental Authorization. Upon return of a fully executed authorization, this service shall become a part of the Agreement identified above. Client: Architectural Firm: City of Boynton Beach West Architecture + Design, LLC Public Works, Engineering Angela Prymas, PE Peter Ganci, Assoc. AIA, LEED AP BD+C Project Manager Principal ___________________________ ______________ ______________________________ _____________ (Signature) (Date) (Signature) (Date) Compensation: 1388 Design Proposal - Fee Summary Date: March 21, 2023 Project No.A22-024-B Client Name City of Boynton Beach Title Angela Prymas, P.E. Address Address 5469 W Boynton Bch Blvd.City, State, Zip City, State, Zip Boynton Beach, FL Phone 561-742-6421 Email PrymasA@bbfl.us DISCIPLINE 1. Comercial Range and Hood 2. Upgraded UPS system 3. Additional Coordination 4. Updated Project Estimate Total Architecture / Structural $6,400.00 $4,560.00 $15,440.00 $4,200.00 $30,600.00 MEP $4,600.00 $6,900.00 $5,000.00 $0.00 $16,500.00 Sub-Total $11,000.00 $11,460.00 $20,440.00 $4,200.00 Total $47,100.00 West Architecture + Design - Hourly Breakdown Rate Sub- Total All Tasks 6,400.00$ Arch Principal 12.00 0.00 0.00 0.00 180.00$ 2,160.00$ Arch Project Manager 24.00 0.00 0.00 0.00 130.00$ 3,120.00$ Structural Engineer 8.00 0.00 0.00 0.00 140.00$ 1,120.00$ 2. Upgraded UPS system 4,560.00$ Arch Principal 0.00 8.00 0.00 0.00 180.00$ 1,440.00$ Arch Project Manager 0.00 24.00 0.00 0.00 130.00$ 3,120.00$ Structural Engineer 0.00 0.00 0.00 0.00 140.00$ -$ 3. Additional Coordination 15,440.00$ Arch Principal 0.00 0.00 16.00 0.00 180.00$ 2,880.00$ Arch Project Manager 0.00 0.00 88.00 0.00 130.00$ 11,440.00$ Structural Engineer 0.00 0.00 8.00 0.00 140.00$ 1,120.00$ 4. Updated Project Estimate $4,200.00 Arch Principal 0.00 0.00 0.00 6.00 180.00$ 1,080.00$ Arch Project Manager 0.00 0.00 0.00 24.00 130.00$ 3,120.00$ 1. Comercial Range and Hood 124 E. Woolbright Rd.. Boynton Beach, FL 33435 BB Utilities WWTP - Water Quality Lab Improvements & Misc. Upgrades to West Water Treatment Plant Task Order # UT-3E-04 1. Comercial Range and Hood 2. Upgraded UPS system 3. Additional Coordination 4. Updated Project Estimate West Architecture + Design, LLC 820 N 4th St Lantana, FL 33462 Phone: 561-588-2027 Fax: 561-582-9419 License No. AA26001503 www.west-arch.com Page 1 1389 West Architecture + Design, LLC. 820 N 4th St, Lantana, Florida 33462 | Phone: 561-588-2027 | Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com June 24, 2025 Eduardo Garcia Engineer II Boynton Beach Utilities, Engineering City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, Florida 33435 561-742-6495 GarciaE@bbfl.us RE: Boynton Beach West Water Treatment Plant Water Quality Laboratory Improvements & Miscellaneous Upgrades 54679 Boynton Beach Blvd. Boynton Beach, FL 33435 P.O No. 221711 Vender No. 17254 Change Order Request – Amendment No. 2 As requested, we are providing justification and a proposed revision to our scope of services for the Boynton Beach West Water Treatment Plant, Water Quality Laboratory Improvements and Miscellaneous Upgrades project, for the following amount: Contract Financial Summary Original contract value $ 118,040.00 Amount of Change Order / Amendment No. 1 $ 47,100.00 Current total contract value (including CO#1) $ 165,140.00 Amount invoiced to date $ 165,140.00 Remaining contract balance $ 0.00 Change Order No. 2 request amount $ 82,140.00 Revised total contract value after CO#2 $ 247,280.00 1390 West Architecture + Design, LLC. 820 N 4th St, Lantana, Florida 33462 | Phone: 561-588-2027 | Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Task Order History: Original Scope: On August 11, 2022, Task order UT-3E-04 in the amount of $118,040.00. This task order is for the professional services to be provided by West Architecture + Design, LLC to include architect and engineering design, permitting, bidding assistance, and basic construction administrative services for interior renovation and improvements to the existing water quality laboratory and minor upgrades to the remainder of the water treatment facility. Change Order No. 1: On May 08, 2023, Task Order UT-3E-04 in the amount of $47,100.00. This task order is for the additional professional services to be provided by West Architecture + Design, LLC to include architectural and engineering design for interior renovation and improvements to the existing water quality laboratory and for a Commercial Range and Hood, Upgraded UPS system, Additional Coordination and an Updated project estimate for the water treatment facility. Scope Justification: The following section outlines the justification for the proposed changes to our scope of services. The additional scope is primarily associated with Construction Administration services managed by the City and is a result of multiple unforeseen conditions, increased coordination demands, and an extended project duration. 1. Changes to services for Construction Administration (Managed by the City) a) Increased Coordination Efforts Due to Unforeseen Conditions. Unanticipated project developments have significantly increased the level of effort required by our team to support the City throughout the construction phase. These include: i. The Mold Remediation Issues: The discovery and required mitigation of mold during construction created additional coordination with the design team, consultants, and contractors to address health, safety, and material replacement concerns. ii. Extended Construction Duration: The original construction period was estimated at six (6) months. Due to delays caused by the mold remediation process as well as the late release of the building permit from the County, the construction schedule has now been extended to approximately eleven (11) months. This has required our team’s continued involvement far beyond the original scope and schedule. iii. Changes in Mechanical Equipment: Substitutions were required for the air conditioning units originally specified in the design documents due to availability issues. This necessitated re-evaluation of equipment compatibility, system performance, and layout adjustments, increasing design coordination time. 1391 West Architecture + Design, LLC. 820 N 4th St, Lantana, Florida 33462 | Phone: 561-588-2027 | Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com iv. Design Revisions from Discrepancies in Existing Building Documentation: Numerous discrepancies were discovered between the as-built documentation provided by the City and actual field conditions. This required real-time design revisions to resolve conflicts and ensure constructability without delaying the project. v. Unforeseen Field Changes Requiring Design Adaptation Field conditions encountered during construction required the design team to quickly respond with modifications to construction details, layouts, and material selections. b) Increased Volume of RFIs and Submittals The number of RFIs and submittals has exceeded expectations due to unforeseen conditions and the overall volume of documentation, which has resulted in a higher administrative and technical review effort on our part. c) Increased Frequency of Progress Meetings i. To address ongoing field issues and maintain clear communication with all parties, the frequency of construction progress meetings has been increased from monthly (as originally planned) to bi-weekly. This increase in meeting frequency has resulted in additional staff time and administrative effort not accounted for in the original scope. Budget Summary Table TASK Description Original Budget Revised budget Net Increase/ (Decrease) Billing Method A A/E Design $76,520.00 $76,520.00 ‐ B Permitting Assistance $6,740.00 $6,740.00 ‐ C Bidding Assistance $8,660.00 $8,660.00 ‐ D Construction Administration $26,120.00 $108,260.00 $82,140.00 Hourly Not‐To‐ Exceed CO1 Additional Professional Services for WWTP $47,100.00 $47,100.00 ‐ Total $165,140.00 $247,280.00 $82,140.00 1392 West Architecture + Design, LLC. 820 N 4th St, Lantana, Florida 33462 | Phone: 561-588-2027 | Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Original Fee Schedule and Labor Rate Breakdown EXHIBIT "A" SCOPE E ‐ FEE SCHEDULE FIRM: West Architecture + Design, LLC DATE: July 02, 2018 (Revised) Personnel Classifications Hourly Rate Principal $180.00 Project Manager $130.00 Senior Engineer $150.00 Senior Planner $130.00 Senior Architect $120.00 Senior Landscape Architect $130.00 Senior Surveyor/Mapper $150.00 Structural Engineer $140.00 Architect $100.00 Urban Designer $150.00 Planner $80.00 Landscape Architect $115.00 Inspector (Zoning & Landscape) $100.00 GIS Specialist $112.00 Architectural CADD/Technician $80.00 Planning Technician $75.00 Clerical/Administrative $50.00 Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. 1393 Hrs Total hours Rate $/Hr Sub‐Total Hrs Total hours Rate $/Hr Sub‐Total Hrs Total hours Rate $/Hr Sub‐Total Project Coordination 1 45 45 180 $8,100.00 85 85 130 $11,050.00 40 40 150 $6,000.00 Submittals 50 0.5 25 180 $4,500.00 3 150 130 $19,500.00 1 50 150 $7,500.00 RFI’s 30 0.15 4.5 180 $810.00 3 90 130 $11,700.00 1 30 150 $4,500.00 Progress Meetings / Site Visits 16 0.25 4 180 $720.00 2 32 130 $4,160.00 1.5 24 150 $3,600.00 Sub‐Total 78.5 $14,130.00 357 $46,410.00 144 $21,600.00 $82,140.00 EXHIBIT "B" Total SCOPE E – LABOR RATE BREAKDOWN Principal Project Manager Number of items Senior Engineer Item West Architecture + Design, LLC. 820 N 4th St, Lantana, Florida 33462 | Phone: 561-588-2027 | Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com 1394 West Architecture + Design, LLC. 820 N 4th St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 1 of 7 Project Information Contract Information West Project No. A22-024 City Task Order # West Contract #. UT-3E-04 A22-024-A Title Boynton Beach West Water Treatment Plant Water Quality Laboratory Improvements & Miscellaneous Upgrades Issue Date 07-13-22 - revised Address 5469 West Boynton Beach Blvd. Subject: Architectural and Engineering Services City, State, Zip Boynton Beach, FL Architecture Firm Client Contact Peter Ganci, Assoc. AIA, LEED AP BD+C Contact Angela Prymas, P.E. Title Principal Title Project Manager Company West Architecture + Design, LLC Company City of Boynton Beach Boynton Beach Utilities, Engineering Address 820 N 4th St Address: 124 E. Woolbright Rd.. City, State, Zip Lantana, Florida 33462 City, State, Zip Boynton Beach, Florida 33435 Phone 561-588-2027 Phone 561-742-6421 | Email pganci@west-arch.com Email PrymasA@bbfl.us 1. Table of Contents 1. SCOPE OF WORK 2. CLIENT'S RESPONSIBILITIES 3. COPYRIGHTS AND LICENSES 4. COMPENSATION 5. SCOPE OF THE AGREEMENT Standard Form of Agreement Between Owner And Architect 1395 West Architecture + Design, LLC. 820 N 4th St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 2 of 7 Scope of Work: This proposal is in accordance with the terms of the original master services agreement for Continuing General Consulting Services for RFQ#046-2821-17-TP dated: August 22, 2018. The Boynton Beach Utilities Department is requesting a proposal to provide design architectural/ engineering design, permitting, bidding assistance, and basic construction administrative services for the miscellaneous interior improvements to the water quality lab and minor upgrades to the remainder of the water treatment facility as defined in the scope of work. Scope of work: The proposed scope of work for this project includes but not limited to the following: A. A/E Design: 1. Provide Architectural and Engineering (Structural and MEP) services as required to renovate the existing Water Quality Lab, associated spaces and upgrades to the remainder of the water treatment facility based on attached demolition & proposed floor plans as noted in scope of work. The scope of work areas consist of approximately 2,160 SF for the Water Quality Lab (1st. & 2nd. Floors) and the remainder of the work scope area consist of 3,520 SF (1st. & 2nd. Floors). Work includes but not limited to: a) Demolition/ removal of all existing casework – 2nd floor lab areas. b) Removal / re-installation of existing equipment and specification of new as outlined in attached equipment plan/ schedule. c) Removal and replacement of all existing finishes (floors, ceilings (including grid), walls, etc.) throughout the building second floor and part of first floor per defined areas of scope of work in attachments. d) Modifications to walls / room layouts per proposed plans. e) Removal/ replacement of casework and floor/ wall finishes at Break room 1) Replace ceiling tiles/ grid system, lighting, diffusers/ registers, devices, etc. 2) Replace appliances and plumbing fixtures 3) Cook top (induction type) is required at the breakroom. Provide venting/ exhaust as necessary to meet code. f) Modifications to building roof as necessary to accommodate new roof top equipment (i.e. exhaust for fume hoods) work. g) Replacement of existing A/C roof top unit and associated components for the building. h) Modifications to existing electrical system and as necessary to accommodate improvements. i) Refinish/ replacement of existing doors/ frames as necessary. j) Removal of existing roof top equipment no longer in service and patching of roof openings where necessary. k) Removal/ replacement of railing at existing stairs to meet code requirements (both stair wells) l) 2nd floor restrooms to be upgraded to meet code requirements– replace fixtures, finishes, lighting, accessories, drinking fountain, etc. m) Remove window blinds at 2nd. Floor windows along corridor. n) All metal doors/ frames at lab area and 2nd. Floor rooms shall be refinished and repainted or replaced with fire rated solid core wood doors. Coordinate with Owner. 2. Evaluation of, removal/ replacement of existing MEP systems (including but not limited to diffusers/ registers, ducts, smoke detectors, electrical devices, etc. as necessary to accommodate the proposed improvements. 3. Reconfiguration of the existing plumbing/ drainage, systems (including water and gas system) as necessary to accommodate new plan layout. 1396 West Architecture + Design, LLC. 820 N 4th St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 3 of 7 4. Modify/ re-configure electrical/ data systems as necessary to accommodate new work/ layout. 5. Additional power required at Existing 2nd. Floor I.T. Room (2) dedicated 20A circuits). 6. Relocation and replacement of existing UPS, Battery Stack and electrical panel – 2nd. Floor. Exact location and specific equipment requirement to be coordinated with City’s IT department. 7. Replacement of exiting light fixtures with new LED fixtures, existing devices (ceiling/ wal l mounted) with new to meet current code throughout the facility (designated scope of work areas). 8. Replacement of all existing data wiring with new throughout the facility. Coordinate with City’s I.T. Department – This work will be covered under Low Voltage Allowance and controlled/ coordinated by the City’s I.T. Department. 9. Provide layout (conduit & boxes only) for Low-Voltage (A/V, Security & access control) equipment as required by the City. Equipment locations and requirements to be coordinated with the City. a) Min. 2 data jacks per work station / desk. b) Floor box at conference room with power and 4 network jacks. Provide network jack at ceilings for WAP’s and wall jacks for TV monitor. – coordinate locations with City’s IT dept. c) Other locations as directed by City. d) Existing and new camera locations (conduit & boxes) to be coordinated with the City. 10. Lobby Area 1st. / 2nd. Levels: a) Provide additional power/ network locations as directed by City. b) Replace ceiling, lighting, wall/ ceiling mounted devices, wall/ railing finishes, diffusers/ registers, , etc. including ductwork as/ if necessary c) Provide additional lighting (LED) at ceiling and remove surface mounted lighting / wiring. d) Existing finishes to be removed/ replaced/ upgraded. e) Remove/ Replace finishes at elevator cab. f) Remove/ replace existing railings to meet code requirements. 11. Control Room- 1st. Floor: a) Replace ceilings, lighting, ceiling mounted devices, diffusers/ registers, etc. b) Provide new SCADA data and I.T. Jacks as directed by the City. c) Evaluate A/C (CFM) requirements and address any deficiencies. d) Existing flooring and wall finishes to remain. 12. Provide statement of probable construction costs with each scheduled submittal. B. Permitting Assistance: 1. Submit digitally signed and sealed drawings for permit review and approval. 2. Respond to all applicable permitting agencies comments and revisions to documents as required. C. Bidding Assistance: 1. Provide bidding package (Drawings and specifications). City will provide City’s special conditions and front ends documents for distribution to bidders. 2. PM to attend pre- bid meeting 3. Respond to contractor’s questions and provide addenda for issuance as necessary. 4. Conduct bid evaluation and recommendation as/if required. D. Construction Administration: (Managed by City) 1. Consultant’s PM to attend pre-construction Meeting 2. Consultants to review and process RFI’s, Shop Drawings and Change orders. 3. Consultant’s PM to attend progress meetings on a monthly basis, conduct site inspection on construction progress for compliance with appro ved documents and review of pay 1397 West Architecture + Design, LLC. 820 N 4th St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 4 of 7 applications. 4. Consultants to Conduct substantial completion inspections (all required disciplines) and provide punch lists. 5. Consultants to Conduct final inspection and coordinate project close-out procedures, including warranties, as-built’s, maintenance manuals, testing & demonstrations/ training, etc. Notes: 1. Conduct preliminary site visit / walk through / scope verification prior to submitting proposal. 2. Consultants (all disciplines) shall field inspect and verify all existi ng conditions. 3. The City will be conducting reviews on documents submittals at 30%, 60% & 100% documents. a) Deliverables shall include (2) sets of 24”x36” prints and electronic drawings. 4. Provide Projects design schedule. City looking to commence construction on this project by the end of the first quarter of 2023. Therefore is expected that final design documents be completed by January of 2023. 5. Construction duration is assumed to be 6 months total – 5 months to substantial completion. Plus 30 days to final. 6. Project shall be designed to meet all applicable code requirements and applicable City Standards. 7. The City will provide pdf drawings of existing building and CAD base plans of existing building and new layout of 2nd floor LAB. 1. 2. Client’s Responsibility 2.1 Unless otherwise provided for under this Agreement, the Client shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Client's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 2.2 The Client shall identify a representative authorized to act on the Client's behalf with respect to the Project. The Client shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 2.3 The Client shall coordinate the services of its own consultants with those services-provided by the Architect. Upon the Architect's request, the Client shall furnish copies of the scope of consulting services in the contracts between the Client and the Client's consultants. The Client shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Client shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 2.4 The Client shall provide prompt written notice to the Architect if the Client becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. 1. 3. Copyrights and Licenses 3.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary 1398 West Architecture + Design, LLC. 820 N 4th St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 5 of 7 protocols governing such transmissions. 3.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications (as included on the Drawings), and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. 3.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub- subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services for the Project. If the Architect rightfully terminates this Agreem ent, the license granted in this Section shall terminate. 3.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all clai ms and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes, if action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the instruments of Service under this Section. 3.4 Except for the licenses granted in this Article, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 4. Compensation 4.1 For the Architect’s Scope of Work described under Article 1, the Client shall compensate the Architect as follows: Compensation to be as follows: A. A/E design $ 76,520 B. Permitting Assistance $ 6,740 C. Bidding Assistance $ 8,660 D. Construction Administration $ 26,120 Total $ 118,040 4.1.1 Hourly billing rates for services are set forth below. The rates shall be adjusted in accordance with the consultant’s normal review practices. 1399 West Architecture + Design, LLC. 820 N 4th St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 6 of 7 Architecture Firm: Principal: $180/hr.; Project Manager $130/hr.; Senior Architect $120/hr., Architect $100/hr.; Architectural CADD / Technician $80/hr.; Clerical / Administrative $50.00/hr.; Structural Engineer $140/Hr MEP engineer: Principals - $225.00/hr. Project Manager- $195.00/hr., Engineers - $175.00/hr., As-Built drawings- $125.00/hr., Designer- $155.00/hr., Clerical – $65.00/hr. 4.2 ADDITIONAL SERVICES: 4.2.1 Additional Services are not included in Basis Services but may be required for the Project. Such Additional Services may include budget analysis, financial feasibility studies, environmental studies, land surveying, civil engineering, land planning services, landscape design, telecommunications/data, security, measure drawings of existing conditions, coordination of separate contractors or independent consultants, coordination of construction or project managers, detailed cost estimates, on-site project representation, value analysis, quantity surveys, interior design, planning of tenant or rental spaces, inventories of materials or equipment, preparation of record drawings, commissioning , environmentally responsible design beyond Basis Services, LEED® Certification, fast –track design services, obtaining liquor licenses, obtaining business licenses and any other services not otherwise include in this agreement. 4.2.2 Additional Services may be provided after execution of this agreement, without invalidating the Agreement. Any Additional Services provide in accordance with this Section shall entitle the Architect to compensation pursuant to Section 4.1.1. 4.2.3 The Architect shall review and evaluate Contractor’s proposals, and if necessary, prepare Drawings and other documentation and data, and provide any other services made necessary by Change Orders and Construction Change Directives. These documents and date prepared by the Architect shall be an Additional Service. 4.3 EXPENSES Reimbursable Expenses are in addition to compensation for the Architect's professional services and include expenses incurred by the Architect and the Architect's consultants directly relate d to the Project, as follows: 1. Included shall be (2) sets of 24”x36” prints and electronic files for each review phase (30%, 60% and 100%). Any additional requested sets of 24x36 prints, shall be invoiced at $1.50 per sheet. 2. Transportation and authorized out-of-town travel and subsistence; 3. Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; 4. Fees paid for securing approval of authorities having jurisdiction over the Project; 5. Minting, reproductions, plots, standard form documents; 6. Postage, handling and delivery; 7. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Client; 8. Renderings, models, mock-ups, professional photography, and presentation materials requested by the Client; 9. Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Client requests such insurance in excess of that normally carried by the Architect's consultants; 10. All taxes levied on professional services and on reimbursable expenses; 1400 West Architecture + Design, LLC. 820 N 4th St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 7 of 7 11. Site office expenses; and 12. Other similar Project-related expenditures. 4.3.1 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus an administrative fee of ten percent (10%) of the expenses incurred. 4.4 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Client terminates the Architect for its convenience or the Architect terminates this Agreement, the Client shall pay a licensing fee as compensation for the Client's continued use of the Architect's Instruments of Service solely for purposes of the Project. 4.5 PAYMENTS TO THE ARCHITECT 4.5.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid (30) Days after the invoice submittal shall bear interest at the rate of one point five percent (1.5%) per month. 4.5.2 The Client shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding, 5. Scope of the Agreement 5.1 This Agreement represents the entire and integrated agreement between the Client and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Client and Architect. This Agreement entered into as of the day and year first written above, Architect: West Architecture + Design, LLC Peter Ganci, Assoc. AIA, LEED AP BD+C Principal 07-13-22 ______________________________ _____________ (Signature) (Date) 1401 Berlin Consulting Inc. Dedicated to you “The Client” Joseph S. Berlin, Sr. President #76004 CA 30557 Milton Malpartida, P.E. Vice President 4701 Rothschild drive Coral Springs, FL 33067 Office: (954) 333-8560 Cell: (954) 295-2434 info@berlinconsultinginc.com Licensed in Florida Georgia New York 22029 WWTP.doc Project Proposal No. (22029) 06/15/2022 REVISED 07/01/22 REVISED 07/13/22 To: West Architecture + Design LLC 820 N 4th Street, Lantana FL, 33462 Attn: Pete Ganci Ref: Water Quality Lab Improvements & Misc. Upgrades to West Water Treatment Plant, located at 5469 West Boynton Beach Blvd. Boynton Beach TASK ORDER #UT-3E-04 A. Scope of the project: The project scope of work below was determined based on RFP on 04-06-2021 Scope of Work: Scope of work: The proposed scope of work for this project includes but not limited to the following: A. Engineering Design scope: 1. Provide Engineering (MEP) services as required to renovate the existing Water Quality Lab, associated spaces and upgrades to the remainder of the water treatment facility based on attached demolition & proposed floor plans as noted in scope of work. The scope of work areas consist of approximately 2,160 SF for the Water Quality Lab (1st. & 2nd. Floors) and the remainder of the work scope area consist of 3,520 SF (1st. & 2nd. Floors). Work includes but not limited to: • Demolition/ removal of all existing casework – 2nd floor lab areas. • Removal / re-installation of existing equipment and specification of new as outlined in attached equipment plan/ schedule. • Removal and replacement of all existing finishes (floors, ceilings (including grid), walls, etc.) throughout the building second floor and part of first floor per defined areas of scope of work in attachments. • Modifications to walls / room layouts per proposed plans. • Removal/ replacement of casework and floor/ wall finishes at Break room o Replace ceiling tiles/ grid system, lighting, diffusers/ registers, devices, etc. 1402 Berlin Consulting Inc. Dedicated to you “The Client” Joseph S. Berlin, Sr. President #76004 CA 30557 Milton Malpartida, P.E. Vice President 4701 Rothschild drive Coral Springs, FL 33067 Office: (954) 333-8560 Cell: (954) 295-2434 info@berlinconsultinginc.com Licensed in Florida Georgia New York 22029 WWTP.doc o Replace appliances and plumbing fixtures o Cook top (induction type) is required at the breakroom. Provide venting/ exhaust as necessary to meet code. • Modifications to building roof as necessary to accommodate new roof top equipment (i.e. exhaust for fume hoods) work. Replacement of existing A/C roof top unit and associated components for the building. • Modifications to existing electrical system and as necessary to accommodate improvements. • Refinish/ replacement of existing doors/ frames as necessary. • Removal of existing roof top equipment no longer in service and patching of roof openings where necessary. • Removal/ replacement of railing at existing stairs to meet code requirements (both stair wells) • 2nd floor restrooms to be upgraded to meet code requirements– replace fixtures, finishes, lighting, accessories, drinking fountain, etc. • Remove window blinds at 2nd. Floor windows along corridor. • All metal doors/ frames at lab area and 2nd. Floor rooms shall be refinished and repainted or replaced with fire rated solid core wood doors. Coordinate with Owner. 2. Evaluation of, removal/ replacement of existing MEP systems (including but not limited to diffusers/ registers, ducts, smoke detectors, electrical devices, etc. as necessary to accommodate the proposed improvements. 3. Reconfiguration of the existing plumbing/ drainage, systems (including D.I. water and gas system) as necessary to accommodate new plan layout. 4. Modify/ re-configure electrical/ data systems as necessary to accommodate new work/ layout. 5. Additional power required at Existing 2nd. Floor I.T. Room (2) dedicated 20A circuits). 6. Relocation and replacement of existing UPS, Battery Stack and electrical panel – 2nd. Floor. Exact location and specific equipment requirement to be coordinated with City’s IT department. 7. Replacement of exiting light fixtures with new LED fixtures, existing devices (ceiling/ wall mounted) with new to meet current code throughout the facility (designated scope of work areas). 8. Replacement of all existing data wiring with new throughout the facility. Coordinate with City’s I.T. Department – This work will be covered under Low Voltage Allowance and controlled/ coordinated by the City’s I.T. Department. 9. Provide layout (conduit & boxes only) for Low-Voltage (A/V, Security & access control) equipment as required by the City. Equipment locations and requirements to be coordinated with the City. - Min. 2 data jacks per work station / desk. - Floor box at conference room with power and 4 network jacks. Provide network jack at ceilings for WAP’s and wall jacks for TV monitor. – coordinate locations with City’s IT dept. 1403 Berlin Consulting Inc. Dedicated to you “The Client” Joseph S. Berlin, Sr. President #76004 CA 30557 Milton Malpartida, P.E. Vice President 4701 Rothschild drive Coral Springs, FL 33067 Office: (954) 333-8560 Cell: (954) 295-2434 info@berlinconsultinginc.com Licensed in Florida Georgia New York 22029 WWTP.doc - Other locations as directed by City. - Existing and new camera locations (conduit & boxes) to be coordinated with the City. 10. Lobby Area 1st. / 2nd. Levels: - Provide additional power/ network locations as directed by City. - Replace ceiling, lighting, wall/ ceiling mounted devices, wall/ railing finishes, diffusers/ registers, , etc. including ductwork as/ if necessary - Provide additional lighting (LED) at ceiling and remove surface mounted lighting / wiring. - Existing finishes to be removed/ replaced/ upgraded. - Remove/ Replace finishes at elevator cab. - Remove/ replace existing railings to meet code requirements. 11. Control Room- 1st. Floor: - Replace ceilings, lighting, ceiling mounted devices, diffusers/ registers, etc. - Provide new SCADA data and I.T. Jacks as directed by the City. - Evaluate A/C (CFM) requirements and address any deficiencies. - Existing flooring and wall finishes to remain. 12. Provide statement of probable construction costs with each scheduled submittal. B. Permitting Assistance: 1. Submit digitally signed and sealed drawings for permit review and approval. 2. Respond to all applicable permitting agencies comments and revisions to documents as required. C. Bidding Assistance: 1. Provide bidding package (Drawings and specifications). City will provide City’s special conditions and front ends documents for distribution to bidders. 2. PM to attend pre- bid meeting 3. Respond to contractor’s questions and provide addenda for issuance as necessary. 4. Conduct bid evaluation and recommendation as/if required. D. Construction Administration: (Managed by City’s Construction Services Group –led by Kevin Ramsey) 1. Consultant’s PM to attend pre-construction Meeting 2. Consultants to review and process RFI’s, Shop Drawings and Change orders. 3. Consultant’s PM to attend progress meetings on a monthly basis, conduct site inspection on construction progress for compliance with approved documents and review of pay applications. 4. Consultants to Conduct substantial completion inspections (all required disciplines) and provide punch lists. 5. Consultants to Conduct final inspection and coordinate project close-out procedures, including warranties, as-built’s, maintenance manuals, testing & demonstrations/ training, 1404 Berlin Consulting Inc. Dedicated to you “The Client” Joseph S. Berlin, Sr. President #76004 CA 30557 Milton Malpartida, P.E. Vice President 4701 Rothschild drive Coral Springs, FL 33067 Office: (954) 333-8560 Cell: (954) 295-2434 info@berlinconsultinginc.com Licensed in Florida Georgia New York 22029 WWTP.doc etc. Notes: 1. Conduct preliminary site visit/ walkthrough / scope verification prior to submitting proposal. (Completed) 2. Consultants (all disciplines) shall field inspect and verify all existing conditions. 3. The City will be conducting reviews on documents submittals at 30%, 60% & 100% documents. 4. Provide Projects design schedule. City looking to commence construction on this project by the end of the first quarter of 2023. Therefore is expected that final design documents be completed by January of 2023. 5. Construction duration is assumed to be 6 months total – 5 months to substantial completion. Plus 30 days to final. 6. Project shall be designed to meet all applicable code requirements and applicable City Standards. 7. The City will provide pdf drawings of existing building and CAD base plans of existing building and new layout of 2nd floor LAB. General Information:  As-Built (record Drawings) if needed will be billed at our hourly rate below.  All Reimbursable to be billed separately.  Allow time for design completion. T.B.D  All MEP designs to include the interior space being renovated and is limited to the interior the building.  Plumbing to show tie in to civil site water and sanitary/sewer just outside the building.  All changes that are given after 60% of the project is completed will generate additional charges.  All layering will be BCI layer systems. Client to notify BCI in advance of specific layering, this will be an additional fee to cover drafting of clients layering system.  Mailing expenses to be by client, A fed-ex number or other means of delivery should be given to BCI prior to signed and sealed plans due date.  Lighting fixture selections and layout is not part of the scope of work. The architect to provide lighting specifications and all wattages, voltages and fixture locations for the design. Photometrics will be required and can be provided by the fixture company representative. This may be needed for normal lighting levels and emergency lighting levels. The lighting design must be in compliance with the 2020 commercial energy efficiency code for building and or space by space method prior to being given to the engineer for design.  Adding new electrical panels is not part of the scope if needed. 1405 Berlin Consulting Inc. Dedicated to you “The Client” Joseph S. Berlin, Sr. President #76004 CA 30557 Milton Malpartida, P.E. Vice President 4701 Rothschild drive Coral Springs, FL 33067 Office: (954) 333-8560 Cell: (954) 295-2434 info@berlinconsultinginc.com Licensed in Florida Georgia New York 22029 WWTP.doc B. This contract offering is valid for forty-five (90) days from the date indicated above and shall include the following:  The Engineer shall be responsible for all work as outlined below and as defined by the terms and conditions of this contract.  The Engineer will provide all necessary coordination with all state and local agencies having jurisdiction over the project.  All work will comply with all current codes of agencies having jurisdiction. It shall be the responsibility of the Engineer to make corrections and or revisions to plans and specifications that may be required by the building department for permit.  1 Site visit is included.  3 set of signed and sealed prints for permit or digital. Design may include:  Air conditioning Design:  Duct pressure drop calculation.  Ductwork design.  Equipment selection schedule.  Load calculations  Specifications and details.  Outside air calculations.  Plumbing Design:  Sanitary waste piping design.  Coordination with civil.  Sanitary isometrics.  Specifications and details.  Domestic water piping design.  Equipment specifications.  Electrical Design:  Power and electrical riser design.  Panel schedules.  Lighting circuitry design.  Lighting controls  Specifications and details C. Engineering Design fee: • Design $ 31,300.00  Permitting $ 1,200.00  Bidding Assist to participate in a 1 pre-bid site walk $ 2,400.00 and contractor’s RFI’s. 1 hr + travel 3 disciplines  Construction Administration. 1 site visit, 3 disciplines 1 hr + travel. $ 3,600.00 Total Fee: $ 38,500.00 1406 Berlin Consulting Inc. Dedicated to you “The Client” Joseph S. Berlin, Sr. President #76004 CA 30557 Milton Malpartida, P.E. Vice President 4701 Rothschild drive Coral Springs, FL 33067 Office: (954) 333-8560 Cell: (954) 295-2434 info@berlinconsultinginc.com Licensed in Florida Georgia New York 22029 WWTP.doc Construction Administration Services shall be limited to the following:  Preparations of responses to Contractor’s Request For Information (RFI) in the form of a written request and reproduce/distribute supplemental drawings if deemed appropriate.  Review of shop drawings and submittals for MEP as needed.  Building dept, comments D. Terms: Payment shall be made in full, Net 30 days after project has been complete to avoid a 1.5 % interest rate or maximum allowed by law whichever is lower of the past due amount per month, which shall be calculated from the invoice sent date. Payment thereafter shall pay the interest accrued and then to the unpaid balance. If the client does not request signed sealed drawings when the project design is completed due to bidding out the project first. BCI shall be paid in full in 30 days regardless of permitting acceptance and bidding. E. Additional Services: Job site meetings and inspections not included above, the Consultant shall be compensation as follows: Principals - $225.00/hr. Designer- $155.00/hr. Project Manager- $195.00/hr. Clerical – $65.00/hr. Engineers - $175.00/hr. As-Built drawings- $125.00/hr. D. Mold and Mildew Exclusion: Owner acknowledges that we are not biologists, toxicologists or the like and cannot assure that the Project will be mold free. Owner recognizes that meteorological conditions of Florida are conducive to mold formation within, on and beneath building material employed in construction, regardless of HVAC design and herein releases Architect, its employees, professionals and officers for any claims relating to existing mold (in the case of a renovation), and future proliferation of mold (for new construction). Owner accepts all risks associated with mold formation and we strongly advise Owner to employ a qualified professional to review work product anticipated here in for susceptibility. 1407 Berlin Consulting Inc. Dedicated to you “The Client” Joseph S. Berlin, Sr. President #76004 CA 30557 Milton Malpartida, P.E. Vice President 4701 Rothschild drive Coral Springs, FL 33067 Office: (954) 333-8560 Cell: (954) 295-2434 info@berlinconsultinginc.com Licensed in Florida Georgia New York 22029 WWTP.doc E. Indemnification: The Client shall, to the fullest extent permitted by law, indemnify and hold harmless the Consultant, his or her officers, directors, employees, agents and sub consultants from and against all damage, liability and cost, including reasonable attorney’s fees and defense costs, arising out of or in any way connected with the performance of the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of Berlin Consulting, Inc. Accepted by: date: (Please Print) (Signature) Thank you for the opportunity to provide you with this proposal. Joseph S. Berlin, Sr. President Milton Malpartida, P.E. Vice President 1408 Design Proposal - Fee Summary Date: June 16, 2022 | July 01,2022 | July 13, 2022 Revised Project No.A22-024-A Client Name City of Boynton Beach Title Angela Prymas, P.E. Address Address 5469 W Boynton Bch Blvd.City, State, Zip City, State, Zip Boynton Beach, FL Phone 561-742-6421 Email PrymasA@bbfl.us DISCIPLINE A/E Design Permitting Bidding Assit Const Admin Total Architecture / Structural $45,220.00 $5,540.00 $6,260.00 $22,520.00 $79,540.00 MEP $31,300.00 $1,200.00 $2,400.00 $3,600.00 $38,500.00 Sub-Total $76,520.00 $6,740.00 $8,660.00 $26,120.00 Total $118,040.00 West Architecture + Design - Hourly Breakdown A/E Hours Hours Hours Rate Sub- Total Design Permitting Bidding Assit Const Ad All Tasks 45,220.00$ Arch Principal 88.00 0.00 0.00 0.00 180.00$ 15,840.00$ Arch Project Manager 184.00 0.00 0.00 0.00 130.00$ 23,920.00$ Structural Engineer 39.00 0.00 0.00 0.00 140.00$ 5,460.00$ Permitting 5,540.00$ Arch Principal 0.00 8.00 0.00 0.00 180.00$ 1,440.00$ Arch Project Manager 0.00 24.00 0.00 0.00 130.00$ 3,120.00$ Structural Engineer 0.00 7.00 0.00 0.00 140.00$ 980.00$ Bidding Assitance 6,260.00$ Arch Principal 0.00 0.00 12.00 0.00 180.00$ 2,160.00$ Arch Project Manager 0.00 0.00 24.00 0.00 130.00$ 3,120.00$ Structural Engineer 0.00 0.00 7.00 0.00 140.00$ 980.00$ Construction Adminstration 22,520.00$ Arch Principal 0.00 0.00 0.00 48.00 180.00$ 8,640.00$ Arch Project Manager 0.00 0.00 0.00 96.00 130.00$ 12,480.00$ Structural Engineer 0.00 0.00 0.00 10.00 140.00$ 1,400.00$ Arch / Struct Design 124 E. Woolbright Rd.. Boynton Beach, FL 33435 BB Utilities WWTP - Water Quality Lab Improvements & Misc. Upgrades to West Water Treatment Plant Task Order # UT-3E-04 West Architecture + Design, LLC 820 N 4th St Lantana, FL 33462 Phone: 561-588-2027 Fax: 561-582-9419 License No. AA26001503 www.west-arch.com Page 1 1409 IDTask Name Duration Start Finish Predecessors1A/E Services326 daysMon 9/12/22Mon 12/11/232A.1 A/E Design ‐ Programming / Field Investigation34 daysMon 9/12/22Thu 10/27/223Programming / Field Investigation10 daysMon 9/12/22Fri 9/23/224Owner Review #15 daysMon 9/26/22Fri 9/30/2235Programming (Revision #1)10 daysFri 9/30/22Thu 10/13/2246Owner Review #25 daysFri 10/14/22Thu 10/20/2257Programming (Final)5 daysFri 10/21/22Thu 10/27/2268A.2. A/E Design ‐ Document Submittals70 daysFri 10/28/22Thu 2/2/23930% submittal10 daysFri 10/28/22Thu 11/10/22710Owner Review #15 daysFri 11/11/22Thu 11/17/2291160% submittal10 daysFri 11/18/22Thu 12/1/221012Owner Review #25 daysFri 12/2/22Thu 12/8/221113100% Submittal10 daysFri 12/9/22Thu 12/22/221214Owner Review #35 daysFri 12/23/22Thu 12/29/221315Permit / Bid Set10 daysFri 12/30/22Thu 1/12/231416Owner Review #45 daysFri 1/13/23Thu 1/19/231517Final Permit / Bid Set10 daysFri 1/20/23Thu 2/2/231618B. Permtting Assistance55 daysFri 2/3/23Thu 4/20/2319Submit drawings for permit review and approval10 daysFri 2/3/23Thu 2/16/231720Respond to permit comments45 daysFri 2/17/23Thu 4/20/231921C. Bidding Assistance41 daysFri 2/3/23Fri 3/31/2322Bid Package10 daysFri 2/3/23Thu 2/16/231723Pre‐bid meeting1 dayFri 2/17/23Fri 2/17/232224Repond to RFI's15 daysMon 2/20/23Fri 3/10/232325Bid Evaluation15 daysMon 3/13/23Fri 3/31/232426D. Construction Administratin181 daysMon 4/3/23Mon 12/11/2327Pre‐construction Meeting1 dayMon 4/3/23Mon 4/3/232528Review RFI's, Shop Drawings and Change orders90 daysTue 4/4/23Mon 8/7/232729Monthly progress meetings, site inspections150 daysTue 4/4/23Mon 10/30/232730Conduct Substaintial completion inspections10 daysTue 10/31/23Mon 11/13/232931Conduct Final inspections and coordinate project closeout20 daysTue 11/14/23Mon 12/11/2330581114172023262925811141720232629147101316192225281471013161922252831369121518212427302581114172023261471013161922252831369121518212427303691215182124273025811141720232629258111417202326291471013161922252831369121518212427303691215182124273025811141720232629258111417ptember 2022October 2022November 2022December 2022January 2023February 2023March 2023April 2023May 2023June 2023July 2023August 2023September 2023October 2023November 2023December 2023TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressDATE: 07-13-22Boynton Beach Utilities Waster Water Treatment PlantWater Quality Lab Improvements & Misc. Upgrades to West Water Treatment PlantTask Order #UT-3E-04West Architecture + DesignPage 1Project No.: A22-0241410 1411 1412 Summary of Actions Taken at the City of Boynton Beach City Commission Meeting, April 18, 2023 Present: Mayor Ty Penserga Daniel Dugger City Manager Vice Mayor Thomas Turkin Mike Cirullo, City Attorney Commissioner Angela Cruz Maylee De Jesús, City Clerk Commissioner Woodrow L. Hay Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:01 P.M. Roll Call City Clerk Maylee De Jesús called the roll. A quorum was present. Invocation by Pastor Chuck Brannon, Gateway Community Church. Invocation was given by Pastor Brannon. Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley. Commissioner Kelley led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Penserga moved 3H and 3F before 3A, added one more announcement after 3E, added one item under future agenda regarding downtown parking master plan. Commissioner Kelley move 12B up before 5A. Commissioner Kelley moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other 1413 City Commission Meeting Boynton Beach, FL April18, 2023 2 A. Informational items by the Members of the City Commission. 3. Announcements, Community and Special Events And Presentations A. ANNOUNCED Announce the 2023 Earth Day Celebration on April 22nd from 10:00 AM to 1:00 PM at Centennial Park located at 120 E. Ocean Avenue. B. ANNOUNCED Announce the Senior Health Fair on Tuesday, April 25th, from 9:00 A.M. to 11:00 A.M. at the Ezell Hester Jr. Community Center located at 1901 N. Seacrest Blvd. C. ANNOUNCED Announce Mother's Day Luncheon on Saturday April 29th at 11:00 AM at Intracoastal Park Clubhouse located at 2240 N. Federal Highway. D. ANNOUNCED Announce that Hurricane Season begins June 1st and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the 2023 Hurricane Season. E. ANNOUNCED Mayor Penserga to propose the Workforce Readiness Program in partnership with Palm Beach State College. ANNOUNCED ADDED ANNOUNCEMENTS: Fishing Tournament and Chili Cookoff on April 22nd, and City Hall Social on April 27th. F. PRESENTED Legislative update and overview of Senate Bill 102 by the City's lobbyist, Mathew Forrest. G. PRESENTED Presentation update on the Red Light Camera Program requested by the City Commission. H. PRESENTED Presentation of the City's Comprehensive Annual Financial Report, Compliance Reports and Management Letter for the Fiscal Year ended September 30, 2022. I. PRESENTED Presentation update on the Boynton Beach Internship Program. J. PRESENTED Presentation update on the ARPA Small Business Grant Program. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 1414 City Commission Meeting Boynton Beach, FL April18, 2023 3 5. Administrative A. POSTPONED Annual reappointments and appointments of eligible members of the community to serve in vacant positions on City Advisory Boards- Tabled from April 4, 2023. Motion Commissioner Turkin removed this item from the table. Commissioner Hay seconded the motion. The motion failed 2-3, with Commissioner Kelley, Commissioner Cruz, and Mayor Penserga dissenting. 6. Consent Agenda A. APPROVED Proposed Resolution No. R23-046- Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for Holistic Executive Suites LLC. B. PULLED FOR DISCUSSION Proposed Resolution No. R23-047- Approve and authorize the City Manager to sign a commercial lease agreement with Palm Beach County to establish a Community Services Department satellite office to directly assist the residents of Boynton Beach. C. APPROVED Proposed Resolution No. R23-048- Approve and authorize the City Manager to sign a hurricane commissary contract between The City of Boynton Beach and Catering Solutions, LLC to provide food for City employees working in the aftermath of a hurricane. Expenditures not to exceed $50,000. D. APPROVED Proposed Resolution No. R23-049- Assess the cost of nuisance abatement on properties within the City of Boynton Beach. E. APPROVED Proposed Resolution No. R23-050- Approve and authorize the City Manager to sign Amendment No. 1 to Grant Agreement No. T2110 between the Florida Department of Environmental Protection (FDEP) and the City of Boynton Beach. F. APPROVED Approve Task Order UT-3E-06 with West Architecture + Design, LLC., in the amount of $56,063 in accordance with RFQ No. 046- 2821-17/TP, General Consulting Services, Scope Category E, awarded by City Commission on August 22nd, 2018 to provide professional architectural services, for the design of the building hardening for Fire Station #2. G. APPROVED Proposed Resolution No. R23-051– Authorize the City 1415 City Commission Meeting Boynton Beach, FL April18, 2023 4 Manager to sign a Utility Work by Highway Contractor Agreement with FDOT for the adjustment of Utilities’ sanitary sewer manholes and valve boxes on Boynton Beach Boulevard with an initial estimate of $57,064.00. H. APPROVED Accept the written report to the Commission for purchases over $10,000 for the month of March 2023. I. APPROVED Approve minutes from the March 21, 2023 and April 4, 2023 City Commission Meetings. Commissioner Kelley pulled item 6B. Motion: Vice Mayor Turkin moved to approve the consent agenda, as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 6B- APPROVED Proposed Resolution No. R23-047- Approve and authorize the City Manager to sign a commercial lease agreement with Palm Beach County to establish a Community Services Department satellite office to directly assist the residents of Boynton Beach. Motion: Vice Mayor Turkin moved to approve this item. Commissioner Kelley seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. APPROVED Approve Amendment No. 1 to Task Order UT-3E-04 with West Architecture + Design, LLC in the amount of $47,100 for the Water Quality Laboratory Improvements project at the West Water Treatment Plant for a total Purchase Order amount of $165,140.00 and not to exceed $200,000 per the City of Boynton Beach General Consulting Services Contract 046-2821-17/TP. B. APPROVED Approve the purchase of eight (8) replacement vehicles that were approved in the FY22-23 budget for an estimated amount of $786,112 by utilizing the City of Tallahassee Contract 5179-2023, Florida Sheriff's Contract FSA22-VEH20.0, and Bradford County Sheriff's Contract 22-27-1.0. Motion: Vice Mayor Turkin moved to approve the Consent Bids and Purchases over $100,000. 1416 City Commission Meeting Boynton Beach, FL April18, 2023 5 Commissioner Kelley seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. APPROVED Approve request for Major Master Plan Modification (MPMD 23-002) and Major Site Plan Modification (MSPM 23-003) to the Ocean One project to allow the construction of a mixed-use development consisting of an eight (8)-story building with 371 dwelling units, 25,588 square feet of commercial space, associated recreational amenities, and parking, on a 3.71-acre site, located east of North Federal Highway between East Boynton Beach Boulevard and East Ocean Avenue, in the MU-C (Mixed-Use Core) zoning district. Applicant: Brian Bartczak, BB1 Development, LLC Motion: Commissioner Turkin moved to table this item. Commissioner Kelley seconded the motion. Motioned failed 2-3, with Commissioner Hay, Commissioner Cruz, and Mayor Penserga dissenting. Motion: Commissioner Hay moved to approve this item. Commissioner Cruz seconded the motion. Motion passed 4-1 with Vice Mayor Dissenting. B. APPROVED Approve requests for two (2) Community Design Appeals (CDPA 22-005 & 23-009) of Part III, Chapter 4, Article III, Section 6.F.2.d., which requires habitable floor area to wrap all upper-levels of the parking structure where the structure has frontage along a public right-of-way, to allow for alternative design solutions for the façades of the parking garage as proposed and four (4) Community Design Appeals (CDPA 23-001, 23- 002, 23-003, & 23-004) for Part III, Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone, to allow for a stepback provided at the ground floor. Motion: Commissioner Hay moved to approve this item. Commissioner Kelley seconded the motion. Motion passes 4-1 with Vice Mayor Dissenting. 1417 City Commission Meeting Boynton Beach, FL April18, 2023 6 9. City Manager’s Report- None 10. Unfinished Business A. POSTPONED Continue discussion on adding a Sister City in Ukraine. (Staff follow up: Administration). Motion: Vice Mayor Turkin moved to postpone. Commissioner hay seconded the motion. Motion passes unanimously. Motion: Vice Mayor Turkin motioned to recess for 5 minutes. Commissioner Kelley seconded the motion. Motion passes unanimously. Mayor Penserga called the meeting to order at 10:48 P M 11. New Business-None 12. Legal A. APPROVED Proposed Ordinance No. 23-008- First Reading. Amending Chapter 2, “Administration” Article X, “Personnel Policy Manual” of the Code of Ordinances to update the Employee Handbook (fka Personnel Policy Manual) of the City of Boynton Beach. Motion Commissioner Turkin motioned to approve Ordinance No. 23-008 at first reading. Commissioner Kelley seconded the motion. In a Roll Call Vote, the motion passed unanimously. B. APPROVED Review Advisory Board Ordinance, requested by Commissioner Kelley (Staff follow up: Administration/Clerks Office/Legal). Motion Commissioner Kelley motioned to direct staff to come back with a draft ordinance. Commissioner Hay seconded the motion. The motion passed unanimously. 13. Future Agenda Items A. Discussion regarding installing a coral reef at Oceanfront Park, requested 1418 City Commission Meeting Boynton Beach, FL April18, 2023 7 by Commissioner Turkin -May 2, 2023 B. Consider revised local rules for approval. - TBD C. Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga - TBD D. Discussion regarding future cemetery lots in Boynton Beach, requested by Commissioner Hay- TBD E. Discussion for Ordinance regarding tints for paraphernalia shops, requested by Commissioner Turkin - TBD F. Look into lowering or waiving arts impact fees for small businesses, requested by Commissioner Turkin- TBD G. Discussion regarding changing minimum requirements for traffic studies, requested by Commissioner Turkin- TBD H. Update regarding speedbumps throughout the City, requested by Commissioner Turkin-TBD I. Discussion regarding bringing more jobs to the City at former ToysRUs site, requested by Commissioner Turkin.- TBD J. Discussion regarding Ordinance for minimum sized units, requested by Commissioner Cruz -TBD K. Discussion regarding Ordinance for giving preference to local businesses for contracts, requested by Commissioner Cruz -TBD L. Discussion regarding housing for the homeless in the City, requested by Commissioner Hay-TBD FUTURE WORKSHOPS: Complete streets and mobility workshop (Staff follow up: Development Services/Engineering) Downtown Master Parking Plan (Staff follow up: Development Services/CRA) Housing and Live Local W orkshop (Staff follow up: Development Services/Legal) Future Agenda Item: Flooding Presentation-TBD (Staff follow up: Development Services) Commissioner Kelley asked to bring back to the next Commission Meeting for ARPA Funds, for Imagine Chancellor, which is between $9K-$10K. (Staff follow up: Economic Development) 1419 City Commission Meeting Boynton Beach, FL April18, 2023 8 Motion Commissioner Turkin moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 10:55 P.M. CITY OF BOYNTON BEACH ATTEST: _______________________________ Maylee De Jesús, MMC City Clerk 1420 1421 1422 n riC1 2 o , po$• GENERAL ENGINEERING CONSULTING SERVICES AGREEMENT This Agreement ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida,with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and West Architecture + Design, LLC a [type of entity: corporation]authorized to do business in the State of Florida, with a business address of 820 North 4th Street. Lantana, FL 33462, hereinafter referred to as "VENDOR". In consideration of the mutual benefits, terms, and conditions hereinafter specified, the Parties agree as set forth below. WHEREAS, the CITY solicited proposals for a non-exclusive agreement to perform General Engineering Consulting Services, and WHEREAS, the CITY issued a Request for Qualification for General Engineering Consulting Services; and WHEREAS, RFQ No. CW24-001 defined Scope of Services for General Engineering Consulting Services; and WHEREAS, the CITY determined that VENDOR was qualified for appointment to perform the scope of services set forth in RFQ No. CW24-001; and WHEREAS, the CITY Commission on July 16. 2024, determined that VENDOR was qualified for appointment to perform the scope of services set forth in the Request For Qualifications RFQ No. CW24-001; and NOW,THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. SERVICES AND RESPONSIBILITIES. 1.1 VENDOR hereby agrees to perform the General Engineering Consulting Services, by way of individual Task Orders, at the request of the CITY during the term of this Agreement as more particularly described in the Request for Qualifications RFQ No. CW24-001 for General Engineering Consulting Services, which is incorporated herein by reference. The specific projects that may be assigned to the VENDOR are in conjunction with the specific x box next to the Scope Category: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services ZScope Category E Architectural Services EScope Category F Hydrogeological Services Scope Category G Green Infrastructure, Sustainability, and Resiliency Services Scope Category H Geotechnical Services Scope Category J Civil Land Development Services Scope Category K Recreation and Parks Services 1.2 The VENDOR agrees to perform work assigned by Task Order(s)(the"Services") under such terms as set forth in the Task Order(s). The Task Order Form is attached hereto as Exhibit A.The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. RFQ CW24-001 General Engineering Consulting Services A-1 1423 1.3 VENDOR shall furnish all services, labor, equipment, supplies, and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for herein, and all Services performed under this Agreement shall be done in a professional manner. 1.4 VENDOR assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with recognized professional and ethical guidelines established by their profession. If within one year following completion of its services, such services fail to meet the aforesaid standards, and the CITY promptly advises VENDOR thereof in writing, VENDOR agrees to re-perform such deficient services without charge to the CITY. 1.5 The relationship between CITY and VENDOR created hereunder and the services to be provided by VENDOR pursuant to this Agreement are non-exclusive. CITY shall be free to pursue and engage similar relationships with other VENDORS to perform the same or similar services performed by VENDOR hereunder, so long as no other consultant 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 CITY, so long as no such relationship shall result in a conflict of interest, ethical or otherwise, with the CITY's interests in the services provided by VENDOR hereunder. 1.6 The VENDOR is responsible for defects in its work and in the work of its Sub consultants'. 1.7 PRELIMINARY SERVICES PHASE: 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 CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The VENDOR shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.7.1 During the preliminary services phase, the VENDOR shall advise the CITY, based on VENDOR'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project;VENDOR to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the VENDOR'S findings and recommendations. 1.7.2 Preliminary design services to be performed by the VENDOR shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.7.3 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 1.7.4 Upon authorization of the CITY, the VENDOR will provide advice and assistance relating to operation and maintenance of project or other systems;evaluate and report on operations; assist the CITY 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. RFC CW24-001 General Engineering Consulting Services A-2 1424 1.8 BASIC SERVICES: The VENDOR shall consult and advise the CITY 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 Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.9 FINAL 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 staff level and meetings with the appropriate governing body and the CITY. 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. 1.9.1 The VENDOR based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule, or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical,and electrical systems,and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The VENDOR shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.9.2 The VENDOR based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.9.3 The VENDOR shall assist the CITY in the preparation of the necessary proposal information and forms. 1.9.4 The VENDOR shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements of general market conditions. 1.9.5 The VENDOR shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.9. 6 VENDOR shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked-up construction drawings to the VENDOR so that the VENDOR can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.9.7 Prior to final approval of the Construction Documents by the CITY,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. 1.9.8 Prior to each phased submittal, 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 CITY and agency comments have been addressed and incorporated into the Contract Documents. The VENDOR shall provide to the RFQ CW24-001 General Engineering Consulting Services A-3 1425 CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.9. 9 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. 1.10 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. 1.11 The VENDOR, following the CITY's approval of the Construction Documents and the latest estimate of probable Construction Cost, shall, when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals and assist in preparing contracts for construction. 1.11.1 The VENDOR shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.11.2 Any Opinion of the Construction Cost prepared by VENDOR represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since VENDOR has no control over market conditions, VENDOR does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans,through no fault of the VENDOR or if either local market conditions or industry-wide prices have changed because of unusual or unanticipated events affecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, f the CITY expands a project scope of work after the VENDOR renders the Final estimated probable Construction Cost of the Final Design Plans, the VENDOR shall not be responsible for any redesign without compensation, which shall be mutually agreed to by the parties hereto. 1.11.3 The VENDOR shall provide the CITY with a list of recommended prospective bidders. 1.11.4 The VENDOR shall attend all pre-proposal/per-bid conferences. 1.11.5 The VENDOR shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.11.6 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 CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.11.7 If requested, VENDOR shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.12 The CITY 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 RFQ CW24-001 General Engineering Consulting Services A-4 1426 Contractor and review and make recommendations to the City 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, 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 assigned task order projects. 1.12.1 The CITY 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. 1.12.2 If the VENDOR is not the Construction Manager for the construction, the CITY 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 CITY and the Contractor. 1.13 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 CITY from an unbalanced schedule of values which 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 found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the VENDOR shall sign the schedule of values indicated in the belief that the schedule of values constitutes a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.14 The VENDOR shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.19 "Resident Project Services" of this Agreement. The VENDOR observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the VENDOR will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the work completed. The VENDOR shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The VENDOR shall not have control over or 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 VENDOR be responsible for the Contractor's failure to perform the work in accordance with the requirements of the Contract Documents. The VENDOR 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. Based on such observation and the Contractor's Application for Payment, the VENDOR shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY 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 CITY 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. 1,15 The VENDOR shall revise the Construction drawings and submit record or corrected drawings to the CITY 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 CITY'S version of AutoCad formats for archival purposes. 1.16 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 CITY RFQ CW24-001 General Engineering Consulting Services A-5 1427 1.17 The VENDOR shall review change orders prepared and submitted by the Contractor for the CITY'S approval. VENDOR shall not authorize any changes in the work or time, no matter how minor,without prior written approval by the CITY. 1.18 Each 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 CITY,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 CITY. 1.19 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the VENDOR will, if authorized by the CITY, 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 Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but are not limited to the following: a. Conducting all pre-construction conferences; b. Conducting all necessary construction progress meetings; c. Observation of the work in progress to the extent authorized by the CITY; d. Receipt, review coordination, and disbursement of shop drawings and other submittals; e. Maintenance and preparation of progress reports; f. Field observation and verification of quantities of equipment and materials installed; g. Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; h. Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project-related documents, and at the completion of each project, deliver all such records to the CITY; i. Preparation, update, and distribution of a project budget with each project schedule; j. Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; k. Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, and suppliers can jointly discuss such matters as procedures, progress, problems, and scheduling. I. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, 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 CITY, 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 CITY, 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 CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided, however, that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the VENDOR. The Resident Project Representative shall not have control over or 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, RFQ CW24-001 General Engineering Consulting Services A-6 1428 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 CITY"s activities or those of CITY'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 CITY's pre- existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of VENDOR. VENDOR shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors, or others at the project site ("Project Site") other than for VENDOR's employees, sub-consultants, and vendors. 1.20 ADDITIONAL SERVICES 1.20.1 When additional services are necessary, they shall be specified in the written Task Order. Examples of additional non-exclusive services are: a. Preparation of applications and supporting documents for private or governmental grants, loans, or advances in connection with any particular project. b. Services to make measured drawings of or to investigate existing conditions or facilities or to verify the accuracy of drawings or other information furnished by or to the CITY. c. Services resulting from significant changes in the general scope, extent, or character of any particular project or its design, including but not limited to changes in size, complexity, the CITY's schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, 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 CITY's use. e. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. f. 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 CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. g. Assistance in connection with Proposal/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 CITY 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. h. Preparing to serve or serving as a VENDOR or witness for the CITY in any litigation, arbitration, or other legal or administrative proceeding. i. Additional services in connection with a project not otherwise provided for in this Agreement. RFQ CW24-001 General Engineering Consulting Services A-7 1429 j. Services in connection with a field order or change order requested by the CITY. k. Providing artwork, models, or renderings as requested by the CITY. 1.21 When required by the Construction Contract documents in circumstances beyond the VENDOR'S control, and upon the CITY'S authorization, it will furnish the following additional services. a. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. b. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the VENDOR. c. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3)acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the VENDOR or if the VENDOR fails to notify the Contractor of the deficient quality of their workmanship pursuant to VENDOR'S duties as described in the Contract Documents, the VENDOR's additional services shall be deemed part of Basic Services and compensated as such. d. Services in connection with any partial utilization of any part of a project by the CITY prior 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. f. 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. 1.22 CITY'S RESPONSIBILITIES 1.22.1 The CITY shall do the following in a timely manner so as not to delay the services of the VENDOR: 1.22.2 Designate in writing a person or persons to act as the CITY'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 CITY may have multiple CITY Representative(s) or project managers during the performance of this Agreement based on the specific Task Orders from each of the Scope Categories. 1.22.3 Provide all criteria and full information as to the CITY's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.22.4 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 the design or construction of the project. RFQ CW24-001 General Engineering Consulting Services A-8 1430 1.22.5 Furnish to the VENDOR, if required for the performance of VENDOR's services except where otherwise furnished by the VENDOR as Additional Services), the following; 1.22.6 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and inspection of samples, materials, and equipment; 1.22.6.1 Appropriate professional interpretations of all of the foregoing; 1.22.6.2 Environmental assessment and impact statements; 1.22.6.3 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.22.6.4 Property descriptions; 1.22.6.5 Zoning, deed, and other land use restrictions; 1.22.6.6 Approval and permits required in the CITY's jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the VENDOR; and 1.22.6.7 Arrange for access to make all provisions for the VENDOR to enter upon the CITY's property as required for the VENDOR to perform services under this Agreement. 1.22.6.8 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 CITY or others without independent review or evaluation. 1.23 SEQUENCE OF EVENTS 1.23.1 Following receipt of any Task Order, the VENDOR shall submit to the CITY, at least five (5) business days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.23.2 Task Orders will be issued to the VENDOR in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by VENDOR pursuant to this Agreement. 1.23.3 In accordance with the CITY's Purchasing Policy Manual, proposals received by the VENDOR as a result of a Task Order that exceeds the Procurement threshold amount, will require approval from CITY Commission before the execution of services. 1.23.4 When the CITY issues Task Orders to the VENDOR, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of VENDOR, failure of the VENDOR to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.23.5 It is anticipated and intended that the VENDOR will be authorized to begin new Task Order(s) on a "rolling" basis, as some already assigned Task Orders near timely completion. If a subsequent Task Order is issued to the VENDOR before it has completed the current Task Order, the completion date for each Task Order will remain independent of each other so that the VENDOR will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to RFQ CW24-001 General Engineering Consulting Services A-9 1431 complete the"older"Task Orders in a timely manner may adversely impact continued early authorization to start subsequent work. 1.23.6 When the VENDOR has exceeded the stated completion date, including any extension for extenuating circumstances, which may have been granted, a written notice of Default will be issued within seven (7) calendar days of the date that the default became active with a requirement of seven (7) calendar days to cure said default, to the VENDOR and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.23.7 Should the VENDOR exceed the assigned completion time, the CITY reserves the right not to issue to the VENDOR any further Task Order(s) until such time as it is no longer in default and the VENDOR has demonstrated to the CITY's satisfaction, the reasons for tardy completion have been addressed and are not likely to be repeated in subsequent Task Orders. This restricted issuance provision may result in the VENDOR not being issued all of the planned work the CITY anticipated in this Agreement. The VENDOR shall have no right to the balance of any work or to any compensation associated with these non-issued Task Orders due to the VENDOR being rendered in default. 1.23.8 Should the VENDOR remain in default for a period of fifteen(15)consecutive calendar days beyond the time frame provided in Paragraph 1.23.6, the CITY may at its sole option retain another VENDOR to perform any Services arising out of this Agreement and/or terminate this Agreement. 1.24 DEFINITION OF DEFAULT 1.24.1 An event of default shall mean a material breach of this Agreement. Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: a. VENDOR has not performed services on a timely basis due to VENDOR's negligent errors or omissions; b. VENDOR has refused or failed to supply enough properly skilled personnel; c. VENDOR has failed to make prompt payments to VENDOR's sub-consultants or suppliers for any services after receiving payment from the CITY for such services or supplies; d. VENDOR has failed to obtain the approval of the CITY where required by this Agreement; e. VENDOR has refused or failed to provide the services as defined in this Agreement; f. VENDOR has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety(90)calendar days of such date; g. CITY has failed to make payments to VENDOR in accordance with the requirements of this Agreement; 1.24.2 In the event of Default, the VENDOR shall be liable for all damages resulting from the Default including: a. The difference between the amount that has been paid to the VENDOR and the amount required to complete the VENDOR's Services, provided the fees by the firm replacing the VENDOR are reasonable and the hourly rates do not exceed the VENDOR'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. b. In the event of default by the City, VENDOR may suspend the Services pending receipt of such payment. 1.24.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of RFQ CW24-001 General Engineering Consulting Services A-10 1432 the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY's rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. 1.25 VENDOR shall not utilize the services of any sub-consultant without the prior written approval of CITY. 1.26 The CITY's Representative during the performance of this Agreement shall be Keith Webber,or Designee. 1.27 The VENDOR's Representative during the performance of the Agreement shall be Peter • Ganci& Matthew F.West(pganci@west-arch.com) 2. TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on 11/19/2024,and shall remain in effect through 11/18/2026.The City reserves the right to automatically renew the Agreement for two (2) two-year renewals subject to termination clause(s) as provided herein. The City requires firm fixed rates for the initial agreement term. Either party must give a sixty 60)calendar day(s)written notice prior to the Agreement anniversary date of the intent to not renew for the renewal term. The initial term and any exercised renewal terms are collectively referred to as the "Term." Automatic renewal terms will be based on the same terms, conditions, pricing, specifications,and services herein.The VENDOR understands and acknowledges that all services to be performed will be governed by this Agreement and that there is no guarantee of any assignment, minimum amount of professional services, compensation, or future work being given to the VENDOR. 3. Limited Term Extension: The CITY may, at its sole discretion and without further City Commission action, extend the term of this Agreement for an additional one-hundred and eighty (180) calendar days (the "limited term extension") by filing a written notice signed by the Vendor and the City's Purchasing Department. At no time shall this limited term extension extend more than one-hundred eighty (180) calendar days beyond the expiration date of this Agreement without further City Commission approval. The VENDOR will be reimbursed for these services at the rate in effect when this limited term extension clause was invoked by the CITY. 4. JIM_E OF PERFORMANCE I METHOD OF ORDERING SERVICES. 4.1. Services under this Agreement shall commence upon the CITY's written notice to the VENDOR through an executed Task Order. The VENDOR shall perform all Services and provide all work products required pursuant to this Agreement and the specific Task Order by the sequence of events, or unless the CITY grants an extension of time in writing. 4.2. Limitations. No Task Order issued under this Agreement will be valid if the estimated construction cost of the specific project or the study activity fee exceeds the amounts set forth in Section 287.055, Florida Statutes. 4.3. VENDOR shall complete each Task Order executed during the Term without regard to whether such completion would cause Services to be performed after the expiration date of this Agreement. Any Task Order for which performance extends beyond the Term may be amended after that expiration date, provided that any additional Services, time, and compensation are permitted under this Agreement. The terms and conditions of this Agreement shall continue to govern Task Orders notwithstanding the expiration of this Agreement. 5. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for Services rendered as follows: a. Payment for the Services provided by VENDOR shall be made in accordance with the Fee Schedule as provided in Exhibit B attached hereto. b. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the Services. c. Compensation for vendor's sub-consultants will be negotiated based on each Task Order. Compensation will be through a direct mark-up in accordance with the Fee Schedule attached RFQ CW24-001 General Engineering Consulting Services A-11 1433 hereto. Sub-consulting services shall be approved by the City's representative in writing prior to performance of the sub-consulting work. Consulting time for processing and management of the VENDOR's sub-consultant shall not be included in direct cost as the direct mark-up is applied for management efforts. d. The VENDOR may submit invoices to the CITY once per month during the progress of the Srevices for partial payment. Such invoices will be checked by the CITY, and upon approval thereof, payment will be made to the VENDOR in the amount approved. e. In certain cases where incremental billing for partially completed Services is permitted by the CITY's representative, the total incremental billings shall not exceed the percentage of estimated completion of 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 VENDOR shall submit a not- to-exceed proposal to the CITY's representative for prior approval based on estimated labor hours and hourly rates,which shall not exceed the established hourly rates set forth in the Fee Schedule, plus any sub-consultant services and other related costs supporting the proposed Services. The CITY shall not be obligated to reimburse the VENDOR for costs incurred in excess of the total not-to-exceed cost amount. g. Final payment of any balance due to the VENDOR of the total Task Order price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Services under this Agreement and its acceptance by the CITY. 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 CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, any other further charges, if not properly included on this invoice, are considered waived by the VENDOR. i. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5)years after the termination of the Agreement. Copies shall be made available upon request. j. Hourly rates shall remain fixed and firm for the initial two (2) year period of this Agreement. Cost of subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes as determined by the City, have occurred in the industry,such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumer Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Department of Labor. The yearly increase or decrease in the CPI shall be based on the latest index published and available ninety (90) calendar days prior to the end of the Agreement year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty 60) calendar days prior to the Agreement anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of this Agreement. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the VENDOR, a reasonable reduction in costs that reflect such changes in the industry. All rate increases above 2% must be approved by the City Commission on the recommendation of the Director of Financial Services. k. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Agreement may be canceled by the CITY upon giving thirty(30)calendar days' written notice to the VENDOR. I. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. RFQ CW24-001 General Engineering Consulting Services A-12 1434 6. OWNERSHIP AND USE OF DOCUMENTS. Upon completion of any project / Task Order 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 CITY 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 CITY's sole risk and without liability to VENDOR and VENDOR's sub-consultants. 7. FUNDING.This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 8. WARRANTIES AND REPRESENTATIONS. VENDOR represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. VENDOR's Services shall meet or exceed the standard of care and skill ordinarily used by members of VENDOR's profession practicing under similar circumstances. In submitting its response to the RFQ, VENDOR has represented to CITY that certain individuals employed by VENDOR shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, VENDOR shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. 9. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, and regulations that are applicable to the services to be rendered under this Agreement. 10. INDEMNIFICATION. A. The VENDOR shall indemnify and hold harmless CITY and its current, past, and future officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys'fees,to the extent caused by the negligence,recklessness,or intentionally wrongful conduct of VENDOR or other persons employed or utilized by VENDOR in the performance of this Agreement. Neither party to this k iy third party claiming 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. C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or§768.28, Fla. Stat., as may be amended from time to time. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF VENDOR MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS 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 CITY's Risk Management Director. 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: a. Worker's Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees RFQ CW24-001 General Engineering Consulting Services A-13 1435 with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Boynton Beach, executed by the insurance company. b. Comprehensive General Liability:The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an"Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products-Completed Operations, and Contractual Liability with specific reference to Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement.VENDOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000, 000 aggregate for personal injury/and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)calendar days prior written notice to the CITY. c. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business 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. d. 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. e. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must 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. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no !Imitations on the scope of protection afforded to the CITY, its officers,officials,employees,or volunteers.A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party, reduced in coverage in limits except after thirty (30) calendar days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Risk Management Director. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement. 12. INDEPENDENT VENDOR/CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent vendor/contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing RFQ CW24-001 General Engineering Consulting Services A-14 1436 to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 13. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 14. 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 CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside VENDORs. The CITY shall exercise its rights under this "Certificate"within one (1)year following payment. 15. SUBCONTRACTING. A. VENDOR shall not utilize the services of any sub-consultant without the prior written approval of CITY B. The CITY reserves the right to accept the use of a sub-consultant or to reject the selection of a particular sub-consultant and to inspect ail facilities of any sub-consultant in order to make a determination as to the capability of the sub-consultant to perform properly under this Agreement. 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 Agreement, and it is necessary to replace the sub-consultant to complete the Services in a timely fashion, the VENDOR shall promptly do so, subject to acceptance of the new sub-consultant by the CITY. The substitution of a sub-consultant shall not be adequate cause to excuse a delay in the performance of any portion of this Agreement as set forth in the Scope of Work or applicable Task Order. D. The VENDOR, its sub-consultants, agents, servants, or employees agree to be bound by the terms and conditions of this Agreement and its agreement with any sub-consultant for work to be performed for the CITY the VENDOR must incorporate the terms of this Agreement. 16. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 17. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. 18. NON-WAIVER.A waiver by either CITY or VENDOR of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 19. TERMINATION. RFQ CW24-001 General Engineering Consulting Services A-15 1437 A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14)calendar days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the VENDOR abandons the Agreement or causes it to be terminated,the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should VENDOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days after receipt by VENDOR of written notice of such neglect or failure. 20. DISPUTES. A. Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction exclusively located in Palm Beach County. B. Correction of Work. If, in the judgment of CITY, work provided by VENDOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that VENDOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. C. Remedies in Default. In case of default by VENDOR, CITY 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. If the abandonment, delay, refusal,failure, neglect, or default is not cured within seven (7) calendar days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify VENDOR of such declaration of default and terminate the Agreement. a. Upon such declaration of default, all payments remaining due VENDOR at the time of default, less all sums due CITY for damages suffered or expenses incurred by reason of default, shall be due and payable to VENDOR. b. CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re-letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to VENDOR together with the costs incident thereto to such default. c. In the event CITY completes the Agreement at a lesser cost than would have been payable to VENDOR under this Agreement, if the same had been fulfilled by VENDOR, CITY shall retain such differences. Should such cost to CITY be greater, VENDOR shall pay the amount of such excess to the CITY. d. Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time,whenever the service provided by VENDOR fails to meet reasonable standards of the trade after CITY gives written notice to the VENDOR of the deficiencies as set forth in the written notice within thirty(30) calendar days of the receipt by VENDOR of such notice from CITY. 21. UNCONTROLLABLE FORCES. 21.1 Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, RFQ CW24-001 General Engineering Consulting Services A-16 1438 earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 21.2 Neither party shall, however, be excused from performance if non-performance is due to forces, which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 22. CITY PROVIDED INFORMATION AND SERVICES. 22.1 CITY shall furnish VENDOR available studies, reports,and other data pertinent to VENDOR'S services; obtain or authorize VENDOR to obtain or provide additional reports and data as required; furnish to VENDOR services of others required for the performance of VENDOR's Services hereunder, and VENDOR shall be entitled to use and rely upon all such information and services provided by CITY or others in performing VENDOR's Services under this Agreement. 23. ESTIMATES AND PROJECTIONS. 23.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, VENDOR has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs;competitive bidding procedures and market conditions;time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, VENDOR makes no warranty that CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from VENDOR's opinions, analyses, projections, or estimates. 24. THIRD PARTIES. 24.1 The services to be performed by VENDOR are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on VENDOR's performance of its services hereunder, and no right to assert a claim against VENDOR by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of VENDOR's services hereunder. 25. NOTICES. Notices to the CITY shall be sent to the following address: Daniel Dugger, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Notices to VENDOR shall be sent to the following address: ATTN: Matthew West' Peter Ganci _ West Architecture + Design, LLC Address:820 North 4th Street Lantana, FL 33462 Phone: 561-588-20.27 x_24. 2 Email: com;_pgancitcvwest-arch.com 26. INTEGRATED AGREEMENT.This Agreement, together with RFQ and any addenda and/or attachments, represents the entire and integrated Agreement between the CITY and the VENDOR and supersedes all RFQ CW24-001 General Engineenng Consulting Services A-17 1439 prior negotiations, representations, or agreements, written or oral.This Agreement may be amended only by written instrument signed by both CITY and VENDOR. 27 PUBLIC RECORDS.The CITY is a public agency subject to Chapter 119, Florida Statutes. The VENDOR shall comply with Florida's Public Records Law. Specifically, the VENDOR shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the Agreement, VENDOR shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the VENDOR transfers the records in its possession to the CITY; and D. Upon completion of the Agreement, VENDOR shall transfer to the CITY, at no cost to the CITY,all public records in VENDOR's possession.All records stored electronically by VENDOR must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF THE 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: CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6060 CityCler10@_bbfl.us 28. E-VERIFY. 28.1 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. Definitions for this Section: A. "Contractor, Vendor, Proposer, Consultant" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. RFQ CW24-001 General Engineering Consulting Services A-18 1440 28.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E- Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the Agreement; B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. By entering into this Agreement, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 28.1.3 Contract Termination. If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1), Fla. Stat., the contract shall be terminated 29. SCRUTINIZED COMPANIES 287.135 and 215.473. By execution of this Agreement, VENDOR certifies that VENDOR is not participating in a boycott of Israel. VENDOR further certifies that VENDOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has VENDOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to VENDOR of the CITY's determination concerning the false certification. VENDOR shall have five(5)calendar 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)calendar 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 CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 30. SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the CITY or as a waiver of limits of liability or rights the CITY may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. 31. CONFLICTS. If there is a conflict or inconsistency between any term, statement, requirement, or provision of this Agreement, Exhibits, any Task Order, VENDOR's Proposal, or other documents incorporated into this Agreement, such conflict shall be resolved pursuant to the following order of precedence (1) this Agreement, (2)any Task Order, (3)the RFQ, and (4)VENDOR's Proposal. 32. COMPLIANCE WITH STATE ENERGY POLICY AND CONSERVATION ACT. VENDOR shall comply with all mandatory standards and policies relating to energy efficiency contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L.94-163, 89 Stat. 871). 33. DOMESTIC PREFERENCE FOR PROCUREMENTS. As appropriate and to the extent consistent with law, the VENDOR should,to the greatest extent practicable, provide a preference for the purchase, acquisition,or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items RFQ CW24-001 General Engineering Consulting Services A-19 1441 and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;aggregates such as concrete;glass, including optical fiber;and lumber. 34. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS. If applicable,the VENDOR grants to CITY, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public,and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this Agreement, VENDOR will identify such data and grant to the CITY or acquire on its behalf a license of the same scope as for data first produced in the performance of this contract. Data,as used herein,shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this Agreement, VENDOR will deliver to the VENDOR data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this Agreement in formats acceptable by VENDOR. 35. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Vendor or any subcontractor will have access to an individual's personal identifying information under this Agreement. VENDOR represents and certifies: (i) VENDOR is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in VENDOR; and (iii) VENDOR is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. Prior to VENDOR and any subcontractor having access to personal identifying information pursuant to this Agreement, VENDOR and any subcontractor shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes.Compliance with the requirements of this section is included in the requirements of a proper invoice. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. 36. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement, VENDOR shall provide CITY with an affidavit attesting that the VENDOR does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 37. COUNTRIES OF CONCERN. VENDOR represents that it is, and for the duration of the Term will remain, in compliance with Section 286.101, Florida Statutes. 38. DULY LICENSED. VENDOR represents that it is duly licensed in Florida to perform the Services under this Agreement and that it will continue to maintain all licenses and approvals required to conduct its business. SIGNATURE PAGE FOLLOWS RFO CW24-001 General Engineering Consulting Services A-20 1442 This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be considered an original on the following dates: DATED this/l ay of rJ(?-e bO' 2Oc/ CITY OF BOYNTO`%EACH ft:- fir 2y Ty e -- 11:m70ayo I Name), (Vendor) 1 -/.I Dari r , 71- Print Name of Authorized Official 4?Will-----(--- Ti 10y NT0A,`N‘ OR .•C• 1 O:c-, ATF •.01I, Corporate Seal) SEAL •.z si 0 v: ORATED; i I . INCORP 1 *. 1920; ; Attest/Authenticated: It 1'‘•% FLOR\ P .: 7(...--- 1- Witness , 14 19r.nt Name Approved as to Form: ALMA. kj. 404/1/ Shawna G. Lamb, Office of the City Attorney rAttes Auth-ntic- =•: W2 moi+ D- rk // II RFQ CW24-001 General Engineering Consulting Services A-21 1443 EXHIBIT A Form of Task Order CITY OF BOYNTON BEACH General Engineering Consulting Services Task Order Task Order No. Consultant: 1. Task/Project. Insert title and brief description) 2. Detailed Scope of Professional Services. A detailed scope of services under this Task Order, in accordance with the phases of service detailed in the Agreement, is attached as Exhibit 3. Deliverables and Schedule. For study/design related services: Consultant shall deliver to the City the deliverables specified at the time indicated on the attached Exhibit For project administration services: Consultant shall provide project/construction administration services in accordance with the Agreement and project schedule. 4. Compensation. The total estimated construction costs of the Project or the cost of the study or report for this Task Order may not exceed the amounts set forth in Section 287.055, Florida Statutes. The total Fee to be paid to the Consultant under this Task Order shall not exceed based on the hourly rates currently in effect under the Agreement. A detailed fee schedule is attached as Exhibit The payment schedule (based on deliverables) is attached as Exhibit 5. Agreement Reference. This Task Order shall be performed under the terms and conditions described within the General Engineering Consulting Services Agreement, dated 20 , by and between the City of Boynton Beach and Consultant"), Contract No. 6. Insurance. Consultant shall maintain insurance coverages in accordance with the Agreement and hereby confirms that Certificate(s) of Insurance evidencing current policies meeting the requirements of the Agreement are on file with the City as of the date of this Task Order. 7. Exhibits. All attached Exhibits are incorporated fully into this Task Order and the Agreement. RFQ CW24-001 General Engineering Consulting Services Task Order Form Exhibit A 1444 8. Notice to Proceed(Task Order Form and Purchase Order). If checked, Consultant's receipt of a fully-executed copy of this Task Order and Purchase Order (PO) shall serve as the Notice to Proceed under this Task Order, effective as of the date the fully-executed Task Order was emailed to the Consultant. If checked, Consultant shall commence Services under this Task Order as specified in a forthcoming Purchase Order (PO) and Notice to Proceed. CONSULTANT: CITY OF BOYNTON BEACH By: By: Daniel Dugger, City Manager Print Name: Date: 20_ Date: 20_ City Attorney's Office Approved as to form and legality By: RFC)CW24-001 General Engineering Consulting Services Task Order Form Exhibit A 1445 EXHIBIT B Fee Schedule PERSONNEL CLASSIFICATIONS HOURLY RATE Principal 240.00 Project Manager 185.00 Senior Engineer 195.00 Process Engineer N/A Sr. Electrical Engineer 195.00 Electrical Engineer 175.00 Process Control/Inst. Engineer N/A Sr. Mechanical Engineer 195.00 Mechanical Engineer 175.00 Engineering Technician 135.00 Engineer 175.00 Staff Engineer 175.00 Architect 135.00 Senior Architect 185.00 Landscape Architect 175.00 Environmental Specialist N/A Inspector(Zoning& Landscape) 195.00 Inspector(Transportation)N/A Senior Landscape Architect 180.00 Senior Surveyor/Mapper N/A Surveyor/Field Survey Chief N/A Designer 135.00 Senior Designer 185.00 Urban Designer N/A Chief Designer N/A Hydrogeologist N/A Principal Hydrogeologist N/A Planning Technician N/A GIS Specialist N/A Structural Engineer 180.00 CADD/Technician 135.00 Architectural CADD/Technician 135.00 Planner N/A Senior Planner N/A Transportation Planner N/A Transportation Planning Technician N/A Public Relations Specialist 200.00 Construction Inspector 150.00 Rate Analyst N/A Senior Rate Analyst N/A Grant Analyst N/A Grant Specialist N/A Clerical/Administrative J $ 100.00 Reimbursable Expenses: Direct costs such as postage, prints, and delivery services will be billed at cost. Mark-up % Sub-Consultants Fee:_10 RFQ CW24-001 General Engineering Consulting Services Fee Schedule Exhibit B 1446 ATTACHMENT "A" City of Boynton Beach Risk Management Department VSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured.This is done by providing a Certificate of Insurance listing the City as Certificate Holder"and The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing Insurance coverages must have a current rating by A.M. Best Co. of"B+"or higher. (NOTE:An insurance contract or binder may be accepted as proof of insurance if a Certificate is provided upon selection of vendor.) Thefollowing is a list of types of insurance required of contractors, lessees,etc., and the limits required by the City: NOTE:This list is not all inclusive, and the City reserves the right to require additional types of Insurance, or to raise orlower the stated limits,based upon identified risk.) TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv. Injury 1,000,000.00 Asbestos Abatement Each Occurrence 1,000,000.00 Lead Abatement Fire Damage(any one fire)50,000.00 Broad Form Vendors Med. Expense(any one person) $ 5,000.00 Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual independent Contractors Fire Legal Liability Professional Liability—— Aggregate ,"---$1,000, 000.00 Automobile Liability Combined Single Limit 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident 1,000,000.00 Disease, Policy Limit 1,000,000.00 Disease Each Employe 1,000,000.00 Property: Homeowners Revocable Permit 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost Other-As Risk Identified to be determined INSURANCE ADVISORY FORM RFQ CW24-001 General Engineering Consulting Services insurance Advisory 1447 ATTACHMENT "B" 4 y' 1 N• rr` AFFIDAVIT OF COMPLIANCE WITH FOREIGN ENTITY LAWS The undersigned,on behalf of the entity listed below("Entity"),hereby attests under penalty of perjury as follows: 1. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes, (Source:§287.138(2)(a), Florida Statutes) 2. The government of a foreign country of concern does not have a controlling interest in Entity.(Source: 287.138(2)(b),Florida Statutes) 3. Entity is not organized under the laws of,and does not have a principal place of business in,a foreign country of concern. (Source: §287.138(2)(c), Florida Statutes) 4. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: L-' 20_ Signed: Entity:Ii $ € 4k1` rt •f-111_,G Name: fA Title:A 1. 111 ' . STATE OF 'T r[s, t r COUNTY OF --.(4.2:1' 1 "T:. L The foregoing instrument was acknowledged before me,by means of D physical presence or D online notarization, this day of /Ai3u S. 20= , by :. a J• t u f N4- as for or- ', }; -/t,• ,l he lot r, Ii C -_ who is personally known to me or who has produced as identification. Notary Public Signature: /4"4-4%,--.414"-'77- State of Florida at Large(Seal) Print Name: POynt.N )Prt Ci,7rtr. i PAMELAN HER1dr,r- Notary Pak-State ar r gotta Commission a WI 32185c My Comm.Wires Apr 24.2,48 r t lQ ,: its r _ 1''Cr3r.4411. 2 i 1 .21^) c Affidavit of Compliance with Foreign Entity Laws must be completed and returned with the signed Agreement RFQ CW24-001 General Engineering Consulting Services Affidavit of Compliance with Foreign Entity Laws 1448 ATTACHMENT "B" Y 0R. ti ti Lru ro AFFIDAVIT OF COMPLIANCE WITH FOREIGN ENTITY LAWS The undersigned,on behalf of the entity listed below("Entity"), hereby attests under penalty of perjury as follows: 1. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes (Source: § 287.138(2)(a), Florida Statutes) 2. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: 287.138(2)(b), Florida Statutes) 3. Entity is not organized under the laws of, and does not have a principal place of business in, a foreign country of concern. (Source: § 287.138(2)(c), Florida Statutes) 4 The undersigned is authorized to execute this affidavit on behalf of Entity. Date: 2 20_* Signed: r K Entity: . ;L. `c 1- Name: VI 1\ k ) AL Title:1 1Vf^ STATE OF / /, 1c1c. COUNTY OF Rai)1 get I( k The foregoing instrument was acknowledged before me, by means of 0 physical presence or 0 online notarization, this 2 7 day of_ ,. 20. , by /--ft)114\c,, as rt(>0/ 4 for fZIL / •c •, L(j1(,, llC who is personally known to me or who has produced as identification. Notary Public Signature: it— .' State of Florida at Large (Seal) Print Name: owl[ fit , N 4 le, f c"itt, 1 PAMELA N HERNANE: Notary Public•State :l.'/a COMMISSIOn a NH 52115c My Comm.EXDIre5 Apr 25.2:•I4! 4 Gld t r N d!tiatr Awl i . Affidavit of Compliance with Foreign Entity Laws must be completed and returned with the signed Agreement RFQ CW24-001 General Engineering Consulting Services Affidavit of Compliance with Foreign Entity Laws 1449 1 rr// Y OA l s zu TON t frr AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS In accordance with section 787.06 (13), Florida Statutes, the undersigned, on behalf of the entity listed below("Entity"), hereby attests under penalty of perjury that: Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled Human Trafficking." Date: 11e2,-- ?~7 ,20 -T Signed:___C;;;----- - ' Entity: Ll`-t k f\\X-4t)It i 1 Name: HA-1-11V@-)3 F U0f6 I" 1. i IJI.. Title: 1--til ek STATE OF fIc, r d el COUNTY OF pnl/P, jQ,•el( , The foregoing instrument was acknowledged before me, by means of physical presence or online _ notarization, this day of-_, 20 Ai by l"Pi, as t '.'' i t,/mak :, , for kit 3t who is personally known to me or who has produced as identification I Notary Public Signature: <. t, > —. State of Florida at Large(Seal) Print Name: t opi ,, ti (/ 1. nt ,i,-Ir My commission expires: /l+'r 1 I .,Ci, h.`.1 i:;xis'' PAMELA N HERNANDEZ 4::. Notary Public•State of Florio& pj Comio tort`. My Comm. missExpirn; es AprHH Z9. 511856 1018 4 .,..Bonded through National Notary Assn. Affidavit of Compliance with Anti-Human Entity Laws must be completed and returned with the signed Agreement RFC!CW24-001 General Engineering Services Affidavit of Compliance with Anti-Human Trafficking Laws 1450 City of Boynton Beach Agenda Item Request Form 7.E Consent Bids and Purchases 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Resolution No. R25-207- Approving an increase to the annual expenditure from $90,000 to $140,000 for Tiresoles of Broward, Inc., d/b/a Elpex Tire, an authorized vendor of The Goodyear Tire and Rubber Company, for the purchase of recap/retread tires for the City's Fleet. Requested Action: Staff recommends approval of Proposed Resolution No. R25-207. Explanation of Request: On May 20, 2025, the City Commission approved Resolution No. R25-126, authorizing the issuance of a Purchase Order with Tiresoles of Broward, Inc., d/b/a Elpex Tire, to purchase recap/retread tires with an annual expenditure of $90,000. The increase is for the continued spending on recap/retread tires. The authorized increase is necessary to maintain upkeep on the City's Fleet by providing recap tires. Recap tires are a third of the cost of a new tire. This purchase would be procured under the Piggyback exemption of the procurement code. Piggyback contracts significantly benefit the City of Boynton Beach by providing a cost- effective and efficient way to procure goods and services. By leveraging agreements already in place with other governmental entities, the City can avoid the time-consuming and expensive process of issuing its own competitive bids. This allows quicker access to needed resources while often securing more favorable pricing due to the economies of scale achieved through larger contracts. Additionally, piggybacking ensures the City can tap into pre-vetted vendors who have already been thoroughly evaluated, reducing administrative burdens and risks associated with vendor selection. Ultimately, piggyback contracts streamline procurement, save taxpayer money, and improve the efficiency of City operations. How will this affect city programs or services? This will enable the purchase of recap/retread tires for the City's Fleet at a significant cost savings. Budgeted Item: Yes Account Line Item and Description: 502-0000-141-0100 Inventory Account Fiscal Impact: This is a budgeted item. Attachments: R25-207 Agenda_Item_3426- 1451 2025_Resolution_for_Tiresoles_of_Broward_expenditure_increase.docx R25-126.pdf NASPO Master Agreement.pdf 1452 RESOLUTION NO. R25-207 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AN INCREASE TO THE ANNUAL 2 EXPENDITURE FROM $90,000 TO $140,000 FOR TIRESOLES OF 3 BROWARD, INC., D/B/A ELPEX TIRE, AN AUTHORIZED VENDOR OF 4 THE GOODYEAR TIRE AND RUBBER COMPANY, FOR THE PURCHASE 5 OF RECAP/RETREAD TIRES FOR THE CITY'S FLEET; AND FOR ALL 6 OTHER PURPOSES. 7 8 9 WHEREAS, on May 20, 2025, the City Commission approved Resolution No. R25-126 10 approving the purchase of recap/retread tires for the City’s fleet for five years with an annual 11 expenditure of $90,000 utilizing a NASPO contract with The Goodyear Tire & Rubber Company, 12 Inc., through its authorized dealer, Tiresoles of Broward, Inc., d/b/a Elpex Tire; and 13 WHEREAS, the City desires to increase the annual expenditure to $140,000 for the 14 continued purchase of recap/retread tires. The authorized increase is necessary to maintain 15 upkeep on the City's Fleet by providing recap tires. Recap tires are a third of the cost of a new tire; 16 and 17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 18 best interests of the City's citizens and residents to approve an increase to the annual expenditure 19 from $90,000 to $140,000 for Tiresoles of Broward, Inc., d/b/a Elpex Tire, an authorized vendor of 20 The Goodyear Tire and Rubber Company, for the purchase of recap/retread tires for the City's 21 Fleet. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24 BEACH, FLORIDA, THAT: 25 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption. 27 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 28 approve an increase to the annual expenditure from $90,000 to $140,000 for Tiresoles of Broward, 29 Inc., d/b/a Elpex Tire, an authorized vendor of The Goodyear Tire and Rubber Company, for the 30 purchase of recap/retread tires for the City's Fleet. 31 SECTION 3. This Resolution shall take effect in accordance with the law. 32 1453 RESOLUTION NO. R25-207 33 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 34 CITY OF BOYNTON BEACH, FLORIDA 35 YES NO 36 Mayor – Rebecca Shelton _____ _____ 37 38 Vice Mayor – Woodrow L. Hay _____ _____ 39 40 Commissioner – Angela Cruz _____ _____ 41 42 Commissioner – Thomas Turkin _____ _____ 43 44 Commissioner – Aimee Kelley _____ _____ 45 46 VOTE ______ 47 ATTEST: 48 49 _____________________________ ______________________________ 50 Maylee De Jesús, MPA, MMC Rebecca Shelton 51 City Clerk Mayor 52 53 APPROVED AS TO FORM: 54 (Corporate Seal) 55 56 _______________________________ 57 Shawna G. Lamb 58 City Attorney 59 1454 RESOLUTION NO. R25-126 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING THE PURCHASE OF RECAP/RETREAD TIRES FOR THE CITY'S FLEET FOR FIVE YEARS WITH AN ANNUAL EXPENDITURE OF $90,000 UTILIZING A NASPO CONTRACT WITH THE 7 GOODYEAR TIRE & RUBBER COMPANY, INC., THROUGH ITS AUTHORIZED DEALER, TIRESOLES OF BROWARD, INC., D/B/A ELPEX TIRE; AND FOR ALL OTHER PURPOSES. In II WHEREAS, the State of Florida is a participating state in the NASPO ValuePoint 12 Cooperative Purchasing Program for tires. The City intends to utilize this contract to purchase 13 recap/retread 11 R22.5 tires for the City's Fleet. These tires will be stocked at the City's Warehouse; 14 and 15 WHEREAS, this purchase would be procured under the Piggyback exemption of the 16 procurement code. Piggyback contracts significantly benefit the City of Boynton Beach by 17 providing a cost-effective and efficient way to procure goods and services. By leveraging is agreements already in place with other governmental entities, the City can avoid the time- 19 consuming and expensive process of issuing its own competitive bids. This allows quicker access 20 to needed resources while often securing more favorable pricing due to the economies of scale 21 achieved through larger contracts. Additionally, piggybacking ensures the City can tap into pre- 22 vetted vendors who have already been thoroughly evaluated, reducing administrative burdens 23 and risks associated with vendor selection. Ultimately, piggyback contracts streamline 24 procurement, save taxpayer money, and improve the efficiency of City operations; and 25 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 26 best interests of the City's citizens and residents to approve the purchase of recap/retread tires 27 for the City's Fleet for five years with an annual expenditure of $90,000 utilizing the NASPO 28 contract with The Goodyear Tire & Rubber Company, though its authorized dealer, Tiresoles of 29 Broward, Inc., d/b/a Elpex Tire. 30 31 32 33 1455 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 35 BEACH, FLORIDA, THAT: 36 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 37 being true and correct and are hereby made a specific part of this Resolution upon adoption. 3R SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 39 approve the purchase of recap/retread tires for the City's Fleet for five years with an annual 40 expenditure of $90,000 from Tiresoles of Broward, Inc. d/b/a Elpex Tire. 41 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 42 authorizes the Mayor to execute any ancillary documents as may be necessary to accomplish the 43 purpose of this Resolution. 44 SECTION 4. This Resolution shall take effect in accordance with the law. 45 46 47 48 SIGNATURES ON THE FOLLOWING PAGE] 49 1456 0,101 50 PASSED AND ADOPTED this d"/ day of 2025. 51 CITY OF BOYNTON BEACH, FLORIDA 52 YES NO 53 Mayor— Rebecca Shelton 54 55 Vice Mayor—Woodrow L. Hay 56 57 Commissioner—Angela Cruz 58 59 Commissioner—Thomas Turkin 60 61 Commissioner—Aimee Kelley 62 63 V TE 5--- 64 ATTE : 65 I 66 i 67 Maylee D- us, MPA, , C Re ecca Shelton 68 City MayorMaor 69 o(NTON‘N 70 O.6.000RATF•.. . I' APPROVED AS TO FORM: 71 (Corporate Seal) U; SEAL _.72 ASM 73 INCORPORATED:Aida N/,/YJ1920 ,;, Shawna G. Lamb74 75 1‘‘,,FLOR1nP,`City Attorney 1457 1305 E Walnut ST, Des Moines, IA 50319 Karl Wendt, Procurement Manager April 10, 2024 1458 1459 1460 1461 1462 1463 1464 1465 1466 1467 1468 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 1486 1487 1488 1489 1490 1491 1492 1493 1494 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523 1524 1525 1526 1527 1528 City of Boynton Beach Agenda Item Request Form 7.F Consent Bids and Purchases 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Resolution No. R25-208- Approve an increase in the total expenditure with Cintas Corporation on an as-needed basis for an annual expenditure not to exceed $85,000. Requested Action: Staff recommends approval of Proposed Resolution No. R25-208. Explanation of Request: On March 18, 2025, at the Regular City Commission Meeting, the Commission approved Proposed Resolution No. R25-077, authorizing the use of the University of Nebraska Cooperative Contract No. 001299 with Cintas Corporation No. 2 through OMNIA Partners. This contract provides comprehensive workplace solutions including uniform services, restroom and safety supplies, fire protection, and related products. The original approval was based on an anticipated annual expenditure of $60,000 through the contract term ending May 31, 2028. Staff now recommends increasing the total annual expenditure authority to $85,000 to meet expanding operational needs and ensure continuity of service. Leveraging the OMNIA Partners cooperative contract continues to support the City’s goals of efficiency, transparency, and cost-effectiveness by eliminating the need for a separate solicitation process. How will this affect city programs or services? Increasing the expenditure authority will allow Departments to continue receiving essential workplace and safety supplies without interruption, supporting day-to-day operations across multiple City facilities. This includes timely access to uniforms, floor care products, restroom supplies, first aid items, and fire protection services that are critical for maintaining health, safety, and compliance standards. The Risk Management Department will review the current needs as they arise. Budgeted Item: Yes Account Line Item and Description: Various City Accounts for this commodity. Fiscal Impact: There is no fiscal impact to the City Budget. Attachments: R25-208 Agenda_Item_3430-2025_Resolution_for_Cintas_expenditure_increase.docx Acceptance Agreement - fully signed.pdf R25-077 - signed.pdf 1529 COVER Pg - CINTAS - PO-251036.PDF 1530 RESOLUTION NO. R25-208 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE INCREASE OF THE TOTAL 2 AMOUNT PAYABLE TO CINTAS CORPORATION NO. 2 TO AN AMOUNT 3 NOT TO EXCEED $85,000; AND FOR ALL OTHER PURPOSES. 4 5 6 WHEREAS, the City approved Resolution No. R25-077 on March 18, 2025, approving a 7 Cooperative Acceptance Agreement between the City and Cintas Corporation No. 2, and 8 authorizing the issuing of purchase orders to Cintas Corporation No. 2 to provide workplace 9 solutions to the City on an as-needed basis in an annual expenditure of $60,000; and 10 WHEREAS, the City desires to increase the total annual expenditure from $60,000 to 11 $85,000 to meet expanding operational needs and ensure continuity of service. Leveraging the 12 OMNIA Partners cooperative contract continues to support the City’s goals of efficiency, 13 transparency, and cost-effectiveness by eliminating the need for a separate solicitation process; 14 and 15 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 16 best interests of the City's citizens and residents to approve the increase of the total amount 17 payable to Cintas Corporation No. 2 to an amount not to exceed $85,000. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 20 BEACH, FLORIDA, THAT: 21 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption. 23 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 24 approve the increase of the total amount payable to Cintas Corporation No. 2 to an amount not 25 to exceed $85,000. 26 SECTION 3. This Resolution shall take effect in accordance with the law. 27 28 [SIGNATURES ON THE FOLLOWING PAGE] 29 30 1531 RESOLUTION NO. R25-208 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 31 CITY OF BOYNTON BEACH, FLORIDA 32 YES NO 33 Mayor – Rebecca Shelton _____ _____ 34 35 Vice Mayor – Woodrow L. Hay _____ _____ 36 37 Commissioner – Angela Cruz _____ _____ 38 39 Commissioner – Thomas Turkin _____ _____ 40 41 Commissioner – Aimee Kelley _____ _____ 42 43 VOTE ______ 44 ATTEST: 45 46 _____________________________ ______________________________ 47 Maylee De Jesús, MPA, MMC Rebecca Shelton 48 City Clerk Mayor 49 50 APPROVED AS TO FORM: 51 (Corporate Seal) 52 53 _______________________________ 54 Shawna G. Lamb 55 City Attorney 56 1532 1533 1534 1535 1536 1 RESOLUTION NO. R25-077 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A COOPERATIVE ACCEPTANCE 5 AGREEMENT WITH CINTAS CORPORATION NO. 2 AND AUTHORIZING 6 THE ISSUING OF PURCHASE ORDERS TO CINTAS CORPORATION NO. 7 2 BY PIGGYBACKING OMNIA COOPERATIVE CONTRACT, NUMBER 8 00129, WHICH EXPIRES MAY 31, 2028, TO PROVIDE WORKPLACE 9 SOLUTIONS TO THE CITY OF BOYNTON BEACH ON AN AS-NEEDED 10 BASIS FOR AN ANNUAL EXPENDITURE OF $60,000; AND FOR ALL 11 OTHER PURPOSES. 12 13 WHEREAS, the University of Nebraska has established a cooperative contract, number 14 001299, with Cintas Corporation No. 2 to provide comprehensive workplace solutions. This 15 agreement, effective from June 1, 2023, through May 31, 2028, includes options for a five-year 16 renewal, extending the term through May 31, 2033. The contract encompasses a range of services 17 such as uniform rental, purchase, and lease; floor mats, mops, towels, and linens; restroom 18 supplies; first aid and safety supplies, including AEDs; fire protection services; and promotional 19 products. The University of Nebraska, acting as the lead agency, has partnered with OMNIA 20 Partners to make this contract available to other public agencies nationwide, including state and 21 local governmental entities, educational institutions, non-profit organizations, and other public 22 benefit agencies. This collaboration aims to streamline procurement processes and offer 23 competitive pricing for participating entities; and 24 WHEREAS, using OMNIA Partners is crucial for the City of Boynton Beach as it streamlines 25 the procurement process, ensuring efficiency, transparency, and cost savings. By leveraging the 26 cooperative purchasing power of OMNIA Partners,the city gains access to pre-vetted, competitive 27 contracts that have been negotiated with top-tier vendors. This eliminates the need for extensive 28 individual bidding processes, reducing administrative burden and delays. Furthermore, OMNIA 29 Partners provides the city with the best value by offering high-quality products and services at 30 lower prices, ultimately ensuring that taxpayer dollars are spent wisely and effectively. The 31 streamlined approach enhances operational efficiency, ensures that the city remains accountable, 32 and delivers the best possible outcomes to its residents; and 33 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 1537 34 best interests of the city's citizens and residents to approve a Cooperative Acceptance Agreement 35 with Cintas Corporation No. 2 and authorize issuing Purchase Orders to Cintas Corporation No. 2 36 by piggybacking OMNIA cooperative contract, number 00129, to provide Workplace Solutions to 37 the City of Boynton Beach on an as-needed basis for an annual expenditure of $60,000. 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 40 BEACH, FLORIDA, THAT: 41 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 42 being true and correct and are hereby made a specific part of this Resolution upon adoption. 43 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 44 approve a Cooperative Acceptance Agreement between Cintas Corporation No. 2 and the City 45 (the "Agreement"), in form and substance similar to that attached as Exhibit A. 46 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 47 authorize issuing Purchase Orders to Cintas Corporation No. 2 by piggybacking OMNIA 48 cooperative contract, number 00129,to provide Workplace Solutions to the City of Boynton Beach 49 on an as-needed basis for an annual expenditure of $60,000. 50 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 51 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 52 ancillary documents as may be necessary to accomplish the purpose of this Resolution. 53 SECTION 5. The Mayor-executed Agreement shall be forwarded to Andrew 54 Rozwadowski to obtain execution of the Agreement by Cintas Corporation No. 2. Andrew 55 Rozwadowski shall be responsible for ensuring that one fully executed Agreement is returned to 56 the City, to be provided to the Office of the City Attorney for forwarding to the City Clerk for 57 retention as a public record. 58 SECTION 6. This Resolution shall take effect in accordance with law. 59 60 SIGNATURES ON THE FOLLOWING PAGE] 61 1538 62 PASSED AND ADOPTED thistell day of 1/Irak-di 2025. 63 CITY OF BOYNTON BEACH, FLORIDA 64 YES / NO 65 Mayor- Rebecca Shelton 66 67 Commissioner-Angela Cruz 68 I'y y 69siila>r Woodrow L. Hay 70 71 Commissioner-Thomas Turkin 72 73 Commissioner-Aimee Kelley 74 75 VOTE S 76 ATTES't 77 78 /Y 79 Maylee De esMPA, MM Rebecca elton 80 City Clerk Mayor 81 82 APPROVED AS TO FORM: 83 (Corporate Seal) p‘INTONe `, 84 C OVORATE••:^70Ajrad/la n85iSSiii 86 v; RppRP1,CZ Shawna G. Lamb 1140 n871g2 City Attorney 88 itt FLOO P` 1539 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 INQUIRIES REGARDING PURCHASE ORDER CALL (561)742-6310 VENDOR REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: * COMMISSION APPROVED: FLORIDA STATE SALES TAX EXEMPTION CERTIFICATE NO. 85-8012621544C-0 THE CITY OF BOYNTON BEACH IS EXEMPT FROM FEDERAL EXCISE TAXES: WHERE TAX APPLIES INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL BE FURNISHED UPON REQUEST. IMPORTANT INSTRUCTIONS OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL PACKAGES, TICKETS, INVOICES, STATEMENTS, AND CORRESPONDENCE. MAIL INVOICES TO: FINANCIAL SERVICES DEPARTMENT P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 1. PROCUREMENT SERVICES: 2. RENDER SEPARATE INVOICE FOR THIS ORDER OR FOR EACH SHIPMENT THEREON IMMEDIATELY FOLLOWING SHIPMENT. 3. PREPAID FREIGHT CHARGEABLE TO THE CITY OF BOYNTON BEACH MUST BE SUPPORTED BY CARRIER'S RECEIPT. INVOICES AND STATEMENTS SUBJECT TO CASH DISCOUNT SPECIFIED HEREON. P.O. TOTAL: ORIGINAL PROCUREMENT@BBFL.US 20103 TO: CINTAS FIRE PROTECTION PO BOX 636525 CINCINNATI, OH 45263 P.O. #: 251036 DATE: 02/13/25 SHIP TO: City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 89966 FAC/BD/PAP EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST FIRE PROTECTION - CITYWIDE EFFECTIVE DATE: 01/30/25 EXPIRATION DATE: 09/30/25 NOT TO EXCEED: 20000.00 REMARKS: BLANKET PURCHASE ORDER FIRE PROTECTION SERVICES - CITYWIDE PIGGYBACK OMNIA # 3702-22-4618 EXP 05/31/2028 CANNOT EXCEED $20,000 CERTIFICATE OF INSURANCE EXPIRES 07/01/2025 February 13, 2025 CONTRACT NO. 1540 ATTACHED IS THE CITY OF BOYNTON BEACH STANDARD PURCHASE ORDER TERMS AND CONDITIONS 1541 1542 1543 City of Boynton Beach Agenda Item Request Form 7.G Consent Bids and Purchases 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Resolution No. R25-209- Approve Amendment No. 2 to the Piggyback Agreement between the City and Everon, LLC for Facility Technology Integration & Security System Services, increasing the annual expenditure from $150,000 to $200,000. Requested Action: Staff recommends approval of Proposed Resolution No. R25-209. Explanation of Request: On June 18, 2024, the City Commission approved Resolution No. R24-131, authorizing an annual expenditure of $150,000 for services related to the City's integrated fire alarm, sprinkler, life safety, and security systems. These services are provided by EverOn LLC, formerly known as ADT Commercial LLC, under OMNIA Partners Contract No. R220701. The current expenditure for this vendor has exceeded the originally budgeted amount due to an increased number of service calls and unanticipated system deficiencies identified during inspections, preventive maintenance, and emergency responses. These services are critical for ensuring compliance with fire safety codes, protecting City facilities, and safeguarding personnel and the public. To address this increased need and maintain uninterrupted coverage citywide, staff recommends approval of Amendment No. 2, increasing the annual not-to-exceed amount by $50,000, for a revised total of $200,000. Services will continue to be procured through OMNIA Contract No. R220701, which remains active through March 31, 2025, and includes two (2) additional one-year renewal options. How will this affect city programs or services? Ensures continued compliance with fire safety regulations across municipal facilities, preventing service disruptions, liability risks, and potential closures. Reliable fire monitoring and life safety systems are essential to maintaining safe, uninterrupted operations in critical public buildings citywide. Budgeted Item: Yes Fiscal Impact: This is a budgeted item. Attachments: R25-209 Agenda_Item_3432-2025_Resolution_for_Everon_Amd__2.docx Exhibit A to Resolution - Amendment 2 to agreement signed.pdf 1544 R24-131.pdf Amendment No. 1 - Name Change Commission Approved Renewal Agenda Item - 3.18.25 (1).pdf 1545 RESOLUTION NO. R25-209 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 TO THE 2 PIGGYBACK AGREEMENT BETWEEN THE CITY AND EVERON, LLC FOR 3 FACILITY TECHNOLOGY INTEGRATION & SECURITY SYSTEM 4 SERVICES, INCREASING THE ANNUAL EXPENDITURE FROM $150,000 5 TO $200,000; AND FOR ALL OTHER PURPOSES. 6 7 8 WHEREAS, the City and ADT Commercial LLC (“Vendor”) entered into a Piggyback 9 Agreement for Facility Technology Integration & Security System Services, approved by 10 Resolution No. R24-131 on June 18, 2024; and 11 WHEREAS, on December 18, 2024, the parties entered into Amendment No. 1, amending 12 the Vendor’s name to Everon, LLC; and 13 WHEREAS, the City renewed the Piggyback Agreement through March 31, 2026, with an 14 annual expenditure of $150,000, approved by the City Commission on March 18, 2025; and 15 WHEREAS, the parties desire to amend the Piggyback Agreement, increasing the annual 16 expenditure from $150,000 to $200,000; and 17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 18 best interests of the City's citizens and residents to approve Amendment No. 2 to the Piggyback 19 Agreement between the City and Everon LLC, for Facility Technology Integration & Security 20 System Services, increasing the annual expenditure from $150,000 to $200,000. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 23 BEACH, FLORIDA, THAT: 24 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption. 26 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 27 approve Amendment No. 2 to the Piggyback Agreement between the City and Everon, LLC for 28 Facility Technology Integration & Security System Services, increasing the annual expenditure 29 from $150,000 to $200,000 (the “Amendment”), in form and substance similar to that attached as 30 Exhibit A. 31 1546 RESOLUTION NO. R25-209 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 32 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any 33 ancillary documents as may be necessary to accomplish the purpose of this Resolution. 34 SECTION 4. The City Clerk shall retain the fully executed Amendment as a public record 35 of the City. A copy of the fully executed Amendment shall be provided to Maria Rozwadowski to 36 forward to the Vendor. 37 SECTION 5. This Resolution shall take effect in accordance with the law. 38 39 40 41 [SIGNATURES ON THE FOLLOWING PAGE] 42 43 1547 RESOLUTION NO. R25-209 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 Mayor – Rebecca Shelton _____ _____ 47 48 Vice Mayor – Woodrow L. Hay _____ _____ 49 50 Commissioner – Angela Cruz _____ _____ 51 52 Commissioner – Thomas Turkin _____ _____ 53 54 Commissioner – Aimee Kelley _____ _____ 55 56 VOTE ______ 57 ATTEST: 58 59 _____________________________ ______________________________ 60 Maylee De Jesús, MPA, MMC Rebecca Shelton 61 City Clerk Mayor 62 63 APPROVED AS TO FORM: 64 (Corporate Seal) 65 66 _______________________________ 67 Shawna G. Lamb 68 City Attorney 69 1548 1549 1550 1551 1 RESOLUTION NO. R24-131 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT BETWEEN THE 5 CITY AND ADT COMMERCIAL, LLC, FOR FACILITY TECHNOLOGY 6 INTEGRATION & SECURITY SYSTEM SERVICES, PROVIDING AN EFFECTIVE 7 DATE, AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, on October 7, 2021, the Region 4 Education Service Center (ESC) issued a 10 "Request for Proposals" (RFP) as the Principal Procurement Agency, which partnered with OMNIA 11 Partners to establish a national cooperative contract for Facility Technology Integration &Security 12 System Services for which it received a total of three (3) proposals; and 13 WHEREAS, the Board of Directors of Region 4 Education Service Center found ADT 14 Commercial, LLC, to be a responsive, responsible bidder and awarded a three-year (3) contract, 15 Contract No. R220701, commencing April 1, 2022, through March 31, 2025, with two (2)additional 16 one-year renewal options; and 17 WHEREAS, the City desires to obtain Facility Technology Integration & Security System 18 Services; and 19 WHEREAS, the City's Purchasing Policy Section X — Alternatives to Formal Sealed Bids, 20 provides authority for the City to acquire or contract for services without utilizing a sealed 21 competitive method or the written quotations methods where the desired services are the subject 22 of an agreement that utilizes another government entity's contract, provided that the contract 23 was awarded based strictly on competitive bidding; and 24 WHEREAS, in order to maintain and protect the City's facilities, the City's Public Works 25 Infrastructure Division is requesting the City enter into a Piggyback Agreement with the Vendor 26 to provide Facility Technology Integration & Security System Services ("Services") and 27 WHEREAS, the Vendor has provided the City with a proposal for services; and 28 WHEREAS, the City desires to issue a purchase order and payment directly to the Vendor 29 for Services under the terms and conditions of the Board of Directors of Region 4 Education 30 Service Center's Agreement; and 31 WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Board of 32 Directors of Region 4 Education Service Center's Agreement; and 1552 33 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it to be 34 in the best interests of the citizens and residents of the City to approve a Piggyback Agreement 35 between the City and ADT Commercial, LLC, for Facility Technology Integration & Security System 36 Services. 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 39 BEACH, FLORIDA, THAT: 40 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 41 being true and correct and are hereby made a specific part of this Resolution upon adoption. 42 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 43 approve a Piggyback Agreement, between ADT Commercial, LLC, and the City for Facility 44 Technology Integration & Security System Services (the "Piggyback Agreement"), in form and 45 substance similar to that attached as "Exhibit A." 46 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 47 authorizes the City Manager to execute a Piggyback Agreement and such other related 48 documents as may be necessary to accomplish the purpose of this Resolution. 49 SECTION 4. One fully executed original of the Piggyback Agreement shall be retained 50 by the City Clerk as a public record of the City. A copy of the fully executed Piggyback Agreement 51 shall be provided to Kristeena Pinto to forward to the Vendor. 52 SECTION 5. This Resolution shall take effect in accordance with law. 53 54 55 56 57 signatures on following page] 58 59 1553 60 PASSED AND ADOPTED this 18th day of June 2024. 61 CITY OF BOYNTON BEACH, FLORIDA 62 YES NO 63 Mayor—Ty Pensergau+' ' 64 65 Vice Mayor—Aimee Kelley 7 66 67 Commissioner—Angela Cruz 68 69 Commissioner—Woodrow L. Hay 70 t/ 71 Commissioner—Thomas Turkin 72 73 VOTE 0 74 AT 75076I1 _ T 77 Maylee me , us, M£ M C Ty Pense .. 78 City Cler Mayo 79 80 NTON`OYAPPR•VED AS TO FORM: 81 (Corporate Seal)f;c'c) ArF••Fy o 82 oftit SEAL 1 c) i 83 c • INCORPORATED! i AO 1 0V/ii 84 14 1920 Shawna G. Lamb 85 I'‘ •.••••••• City Attorney 1., FLORO' 1554 ever n - LEGAL REVIEWED Erni.Wenzel DATE:05/14/2024 PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ADT COMMERCIAL LLC. Jug{ This Piggyback Agreement is made as of thin t ay of-May 2024 by and between ADT Commercial, LLC, with a principal address of 1501 Yamato Road, Boca Raton, FL 33431, hereinafter referred to as "Vendor," and the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as "City." RECITALS WHEREAS, on October 7, 2021, the Region 4 Education Service Center (ESC) issued a Request for Proposals" (RFP), as the Principal Procurement Agency, which partnered with OMNIA Partners to establish a national cooperative contract for Facility Technology Integration Security System Services for which it received a total of three (3) proposals; and WHEREAS, the Board of Directors of Region 4 Education Service Center found ADT Commercial, LLC, to be a responsive, responsible bidder, and awarded a three-year(3) contract, Contract No. R220701 (the "Master Agreement"), commencing April 1, 2022 through March 31, 2025,with two(2)additional one-year renewal options; and WHEREAS,the City desires to obtain Facility Technology Integration&Security System Services; and WHEREAS,the City's Purchasing Policy Section X-Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity's contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to maintain and protect the City's facilities,the City's Public Works Infrastructure Division is requesting the City enter into a Piggyback Agreement with the Vendor to provide Facility Technology Integration& Security System Services ("Services"); and WHEREAS, the Vendor has provided the City with a proposal for Services, attached as Exhibit"A;"and WHEREAS,the City desires to issue a purchase order and payment directly to the Vendor for Services under the terms and conditions of the Master Agreement; and WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit"B." Piggyback Contract—ADT Commercial LLC. 1555 NOW,THEREFORE, in consideration of the mutual covenants contained herein,and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2. TERM: The term of this Agreement commences on full execution by the parties, and will remain in effect until March 31, 2025. The Agreement may be renewed for two (2) additional one (1) year terms. The City Manager is authorized to execute amendments renewing the Agreement on behalf of the City. The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS AND FEES: The Vendor shall complete the Services,as provided in Vendor's Proposal attached as Exhibit "A" on the same terms and in the same manner as set forth in the Master Agreement. except as otherwise provided herein. The City may add or remove locations for Services throughout the duration of the Agreement, and the City Manager is authorized to execute any document necessary to execute or remove locations, provided that,the fee does not exceed the not to exceed amount set forth below. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the "Region 4 Education Service Center ESC)"are hereby replaced with the "City of Boynton Beach."The City shall compensate the Vendor pursuant to the rates set forth in the Master Agreement for the Services in an amount not to exceed $150,000 per year. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Piggyback Contract—ADT Commercial LLC. 2 1556 Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425. Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service,hourly rate,and dates(s)of service. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will 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. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor,either wholly or in part,and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty or incomplete rendition of the Services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use,and related taxes.The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City's rights and immunities under the common law or section 768.28, Florida Statutes,as may be amended. 8. ATTORNEY'S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law Piggyback Contract—ADT Commercial LLC. 3 1557 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 City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor's possession All records stored electronically by Vendor must be provided to the City,upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk(a bbfl.us 10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above.Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The 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, the 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 the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 11. E-VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. 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. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1)year after the date of termination. Piggyback Contract—ADT Commercial LLC. 4 1558 12. DISPUTES: Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 13. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen(14)calendar days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date,including services reasonably related to termination. In the event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall indemnify the City against loss pertaining to this termination. 15. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause,should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty(30)calendar days' after receipt by Vendor of written notice of such neglect or failure. 16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors,or sub-subcontractors,from and against claims,demands,or causes of action whatsoever,and the resulting losses,damages,costs,and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor's, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor's failure to take out and maintain insurance as required under this Agreement. Vendor's shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits,or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs,judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount Piggyback Contract—ADT Commercial LLC. 5 1559 remaining due to Vendor under the Agreement,regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 19. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. 20. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 21. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Company shall constitute an assignment that requires City's approval. Notwithstanding the foregoing, Vendor may, without City's consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization,consolidation,merger,or sale of substantially all of its assets related to this Agreement within thirty (30)calendar days of such event. 22. AGREEMENT SUBJECT TO FUNDING:The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 23. ENTIRE AGREEMENT.The Agreement,including the Master Agreement,sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements,written or oral, between the parties.This Agreement may not be modified except by the parties' mutual agreement set forth in writing and signed by the parties. 24. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement,and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Piggyback Contract—ADT Commercial LLC. 6 1560 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, ORIDA ADT COMMERCIAL LLC. Daniel Duggel -City-M. •I, Signature), Company Alder 1 aw. Atte Print Name of Authoied Official 4f-te v././C.4A, Title Approved as to Form: 4.4,0 J. . etfil,6 Shawna G. Lamb,City Attorney Corporate Seal) Attest/Authenticated: Atteste• uthe icated: Signature), Witness w1 I 00 C cJ Maylee De es City Clerk Print Name J(ON s' It. i O:6) ,e, ?s,-)' 1S1peQ e pR 0 It 9 s c Piggyback Contract—ADT Commercial LLC. 7 1561 EXHIBIT A VENDOR'S PROPOSAL Piggyback Contract—ADT Commercial LLC. I 1562 Powered by Experience. Driven by Excellence'" AGT Commercial Proposal Proposal prepared for: City of Boynton Beach Fire Cellular Communicators Omnia Contract#R220701 for Facility Technology Integration & Security System Services Presented by: Rich Van Walleghem 561-676-8706 13/19/2024 Sales Agreement ID: 891805277 Proposal pricing is valid for 30 days 1563 Equipment and Investment Statement for: Fire Cellular Fire Station #1 Site Information: City of Boynton Beach, 200 NE 1st St, Fire Station #1, BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator Connect to existing fire control panel Programming Permit fees included Permit inspections not included Customer to provide the following: All 120VAC direct power. Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract#R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator, Fire; 254.70 5254.70 IP/Verizon LTE;Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered;with Core Commercial/Enterprise Sticker;MUST add 12v, 4AH battery 1 BATTERY 12V-4AH SEALED LEAD ACID 7.94 7.94 1 Napco Starlink External Antenna Kit(includes:SLE- 211.54 211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable;cable clamps; hardware;connectors;etc. Sub Total Equipment Cost: 474.18 Labor & Other Summary: Description Amount permit 300.00 Labor 808.00 Sub Total Labor&Other Cost: 1,108.00 Summary of Charges for:Fire Cellular Fire Station#1 Installation Price 1,582.18 Total Annual Recurring Services Charges* 0.00 Plus applicable tax Proposal pndng is va/ld for 30 days 1564 Equipment and Investment Statement for: Fire Cellular Senior Center Site Information: City of Boynton Beach, 1021 S Federal Hwy, Senior Center, BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator Connect to existing fire control panel Programming Permit fees included Permit inspections not included Customer to provide the following: All 120VAC direct power. Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. All fire inspections to be performed by the City without AOT technician during the inspection. Omnia Contract#R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator; Fire; 254.70 254.70 IP/Verizon LTE;Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered;with Core Commercial/Enterprise Sticker; MUST add 12v, 4AH battery 1 BATTERY 12V-4AH SEALED LEAD ACID 7.94 7.94 1 Napco Starlink External Antenna Kit(includes:SLE- 211.54 211.54 ANT Antenna; 50'LMR 300 Coax Type N male to SMA male terminated cable;cable clamps; hardware;connectors;etc. Sub Total Equipment Cost 474.18 Labor &Other Summary: Description Amount permit 300.00 Labor S808.00 Sub Total Labor&Other Cost: 1,108.00 Summary of Charges for. Fire Cellular Senior Center Installation Price 1.582.18 Total Annual Recurring Services Charges' 0.00 Plus applicable ta, Proposal prang is valid/or 30 days 1565 Equipment and Investment Statement for: Fire Cellular Fire Station #5 Site Information: City of Boynton Beach, 2080 High Ridge Rd., Fire Station #5, BOYNTON BEACH, FL 33426 Scope of Work: Install a Fire Sole Path Cellular Communicator Connect to existing fire control panel Programming Permit fees included Permit inspections not included Customer to provide the following: All 120VAC direct power. Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract#R220701 for Facility Technology Integration& Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator;Fire; 254.70 254.70 IP/Verizon LTE;Sole Path or Dual Path;Red Metal Enclosure; 120VAC Powered;with Core Commercial/Enterprise Sticker;MUST add 12v, 4AH battery 1 BATTERY 12V-4AH SEALED LEAD ACID 7.94 7.94 1 Napco Starlink External Antenna Kit(includes:SLE- 211.54 211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable;cable clamps; hardware;connectors;etc. Sub Total Equipment Cost: 474.18 Labor &Other Summary: Description Amount permit 300.00 Labor 808.00 Sub Total Labor&Other Cost 1,108.00 Summary of Charges for. Fire Cellular Fire Station#5 Installation Price 1,582.18 Total Annual Recurring Services Charges* 0.00 Plus applicable ta• Proposal pricing is valid for 30 days 1566 Equipment and Investment Statement for: Fire Cellular Fire Station #2 Site Information: City of Boynton Beach, 2615 Woolbright Rd, Fire Station #2, BOYNTON BEACH, FL 33426 Scope of Work: Install a Fire Sole Path Cellular Communicator Connect to existing fire control panel Programming Permit fees included Permit inspections not included Customer to provide the following: All 120VAC direct power. Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract# R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator; Fire, 254.70 254 70 IP/Verizon LTE;Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered;with Core Commercial/Enterprise Sticker; MUST add 12v, 4AH battery 1 BATTERY 12V-4AH SEALED LEAD ACID 7.94 7.94 1 Napco Starlink External Antenna Kit (includes: SLE- 711.54 211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable; cable damps; hardware;connectors;etc. Sub Total Equipment Cost: 474.18 Labor & Other Summary: Description Amount permit 300.00 Labor 808.00 Sub Total Labor&Other Cost: 1,108 00 Summary of Charges for. Fire Cellular Fire Station#2 Installation Price 1,582.18 Total Annual Recurring Services Charges' 0.00 Plus applicable tax Proposal pricing is valid for 30 days 1567 fes Equipment and Investment Statement for: Fire Cellular Fire Station #4 Site Information: City of Boynton Beach, 1919 Federal Hwy, Fire Station #4, BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator Connect to existing fire control panel Programming Permit fees included Permit inspections not included Customer to provide the following: All 120VAC direct power. Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract#R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator, Fire; 254.70 254.70 IP/Verizon LTE; Sole Path or Dual Path, Red Metal Enclosure; 120VAC Powered;with Core Commercial/Enterprise Sticker; MUST add 12v, 4AH battery 1 BATTERY 12V-4AH SEALED LEAD ACID 7.94 7.94 1 Napco Starlink External Antenna Kit(includes. SLE- 211.54 211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable; cable clamps; hardware; connectors; etc. Sub Total Equipment Cost: 474.18 Labor & Other Summary: Description Amount permit 300.00 Labor 808.00 Sub Total Labor&Other Cost: 1,108.00 Summary of Charges for. Fire Cellular Fire Station #4 Installation Price 1,582.18 Total Annual Recurring Services Charges* 0.00 Plus applicable to Proposal pricing is valid for 30 day 1568 Equipment and Investment Statement for: Fire Cellular Intracoastal Park Site Information: City of Boynton Beach, 138 Harbors Way, Intracoastal Park, BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator Connect to existing fire control panel Programming Permit fees included Permit inspections not included Customer to provide the following: All 120VAC direct power. Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract# R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator; Fire; 254.70 254.70 IP/Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered;with Core Commercial/Enterprise Sticker;MUST add 12v, 4AH battery 1 BATTERY 12V-4AH SEALED LEAD ACID 7.94 7.94 1 Napco Starlink External Antenna Kit(includes:SLE- 211.54 211.54 ANT Antenna; 50' LMR 300 Coax Type N mare to SMA male terminated cable; cable clamps; hardware; connectors;etc. Sub Total Equipment Cost: 474.18 Labor & Other Summary: Description Amount permit 300.00 Labor 808.00 Sub Total Labor&Other Cost 1,108.00 Summary of Charges for. Fire Cellular Intracoastal Park Installation Price 1,582.18 Total Annual Recurring Services Charges' 0.00 Plus applicable tax Proposal pricing is valid for 30 days 1569 Equipment and Investment Statement for: Fire Cellular Ezell Hester Center Site Information: City of Boynton Beach, 1901 N Seacrest Blvd., Ezell Hester Center, BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator Connect to existing fire control panel Programming Permit fees included Permit inspections not included Customer to provide the following: All 120VAC direct power. Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract# R220701 for Facility Technology Integration& Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator, Fire; 254.70 5254.70 IP/Verizon LIE;Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered;with Core Commercial/Enterprise Sticker: MUST add 12v, 4AH battery 1 BATTERY 12V-4AH SEALED LEAD ACID 57.94 7.94 1 Napco Starlink External Antenna Kit(includes:SLE- 5211.54 211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable;cable clamps; hardware;connectors;etc. Sub Total Equipment Cost: 474.18 Labor & Other Summary: Description Amount permit 300.00 Labor 808.00 Sub Total Labor&Other Cost: 1,108.00 Summary of Charges for. Fire Cellular Ezell Hester Center Installation Price 1,582.18 Total Annual Recurring Services Charges* 0.00 Plus applicable tax Proposal pricing is valid for 30 days 1570 Equipment and Investment Statement for Fire Cellular Woman's Club Site Information: City of Boynton Beach, 1010 Federal Hwy, Woman's Club, BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator Connect to existing fire control panel Programming Permit fees included Permit inspections not included Customer to provide the following: All 120VAC direct power. Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract#R220701 for Facility Technology Integration &Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator; Fire; 254.70 254.70 IP/Verizon LIE; Sole Path or Dual Path;Red Metal Enclosure; 120VAC Powered;with Core Commercial/Enterprise Sticker,MUST add 12v, 4AH battery 1 BATTERY 12V-4AH SEALED LEAD ACID 7.94 7.94 1 Napco Starlink External Antenna Kit(includes:SLE- 211.54 211.54 ANT Antenna; 50'LMR 300 Coax Type N male to SMA male terminated cable;cable clamps; hardware;connectors;etc. Sub Total Equipment Cost 474.18 Labor & Other Summary: Description Amount permit 300.00 Labor 808.00 Sub Total Labor&Other Cost: 1,108.00 Summary of Charges for.Fire Cellular Woman's aub Installation Price 1,582.18 Total Annual Recurring Services Charges" 0.00 Plus applicable ta, Proposal pricing is valid/or 30 days 1571 Equipment and Investment Statement for: Fire Cellular Fire Station #3 Site Information: City of Boynton Beach, 3501 N Congress Ave, Fire Station #3, BOYNTON BEACH, FL 33436 Scope of Work: Install a Fire Sole Path Cellular Communicator Connect to existing fire control panel Programming Permit fees included Permit inspections not included Customer to provide the following: All 120VAC direct power. Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract#R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator; Fire; 254.70 254.70 IP/Verizon LIE;Sole Path or Dual Path;Red Metal Enclosure; 120VAC Powered;with Core Commercial/Enterprise Sticker; MUST add 12v, 4AH battery 1 BATTERY 12V-4AH SEALED LEAD ACID 57.94 7.94 1 Napco Starlink External Antenna Kit(includes:SLE- 211,54 211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable;cable clamps; hardware;connectors;etc. Sub Total Equipment Cost: 474.18 Labor &Other Summary: Description Amount permit 300.00 Labor 808.00 Sub Total Labor&Other Cost 1,108.00 Summary of Charges for.Fire Cellular Fire Station#3 Installation Price 1,582.18 Total Annual Recurring Services Charges* 0.00 Plus applicable ta• Proposal pricing is valid for 30 days 1572 Equipment and Investment Statement for: Fire Cellular Police Department Site Information: City of Boynton Beach, 2100 High Ridge Rd., Police Department, BOYNTON BEACH, FL 33426 Scope of Work: Install a Fire Sole Path Cellular Communicator Connect to existing fire control panel Programming Permit fees included Permit inspections not included Customer to provide the following: All 120VAC direct power. Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract#R220701 for Facility Technology Integration &Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator; Fire; 254.70 254.70 IP/Verizon LTE;Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered;with Core Commercial/Enterprise Sticker; MUST add 12v, 4AH battery 1 BATTERY 12V-4AH SEALED LEAD ACID 7.94 7.94 1 Napco Starlink External Antenna Kit(includes: SLE- 211.54 211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable;cable clamps; hardware;connectors;etc. Sub Total Equipment Cost: 474,18 Labor & Other Summary: Description Amount permit 300.00 Labor 808.00 Sub Total Labor&Other Cost 1,108.00 Summary of Charges for.Fire Cellular Police Department Installation Price 1,582.18 Total Annual Recurring Services Charges' 0.00 Plus applicable tax Proposal pricing Is valid for 30 days 1573 Equipment and Investment Statement for: Fire Cellular City Hall Site Information: City of Boynton Beach, 100 E Ocean Ave., City Hall, BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator Connect to existing fire control panel Programming Permit fees included Permit inspections not included Customer to provide the following: All 120VAC direct power. Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract#R220701 for Facility Technology Integration &Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator;Fire; 254.70 254.70 IP/Verizon LTE;Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered;with Core Commercial/Enterprise Sticker; MUST add 12v, 4AH battery 1 BATTERY 12V-4AH SEALED LEAD ACID 7.94 7.94 1 Napco Stariink External Antenna Kit(includes: SLE- 211.54 211.54 ANT Antenna; 50'LMR 300 Coax Type N male to SMA male terminated cable;cable clamps; hardware;connectors;etc. Sub Total Equipment Cost: 474.18 Labor & Other Summary: Description Amount permit 300.00 Labor 808.00 Sub Total Labor&Other Cost 1,108.00 Summary of Charges for. Fire Cellular City Hall Installation Price 1,582.18 Total Annual Recurring Services Charges* 0.00 Plus applicable tax Proposal pricing is valid for 30 days 1574 Equipment and Investment Statement for: Fire Cellular Utilities Department Bldg. Site Information: City of Boynton Beach, 124 E Woolbright Rd, Utilities Department Bldg., BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator Connect to existing fire control panel Programming Permit fees included Permit inspections not included Customer to provide the following: All 120VAC direct power. Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract#R220701 for Facility Technology Integration&Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator,Fire; 254.70 254.70 IP/Verizon LTE;Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered;with Core Commercial/Enterprise Sticker; MUST add 12v, 4AH battery 1 BATTERY 12V-4AH SEALED LEAD ACID 7.94 7.94 1 Napco Starlink External Antenna Kit(includes:SLE- 211.54 211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable;cable clamps; hardware;connectors;etc. Sub Total Equipment Cost: 474.18 Labor & Other Summary: Description Amount permit 300.00 Labor 808.00 Sub Total Labor&Other Cost: 1,108.00 Summary of Charges for. Fire Cellular Utilitks Department Bldg. Installation Price 1,582.18 Total Annual Recurring Services Charges* 0.00 Plus applicable ta• Proposal pricing is valid for 30 days 1575 Equipment and Investment Statement for: Fire Cellular Culture and Arts Center Site Information: City of Boynton Beach, 125 E Ocean Ave., Culture and Arts Center, BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator Connect to existing fire control panel Programming Permit fees included Permit inspections not included Customer to provide the following: All 120VAC direct power. Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract*R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator, Fire; 254.70 254.70 IP/Verizon LTE;Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered;with Core Commercial/Enterprise Sticker; MUST add 12v, 4AH battery 1 BATTERY 12V-4AH SEALED LEAD ACID 7.94 7.94 1 Napco Starlink External Antenna Kit(includes: SLE- 211.54 211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable;cable clamps; hardware;connectors;etc. Sub Total Equipment Cost: 474.18 Labor& Other Summary: Description Amount permit 300.00 Labor 808.00 Sub Total Labor&Other Cost: 1,108.00 Summary of Charges for.Fire Cellular Culture and Arts Center Installation Price 1,582.18 Total Annual Recurring Services Charges* 0.00 Plus applicable tar Proposal pricing is valid for 30 days 1576 Equipment and Investment Statement for: Fire Cellular Police Range Site Information: City of Boynton Beach, 3501 Miner Rd., Police Range, BOYNTON BEACH, FL 33436 Scope of Work: Install a Fire Sole Path Cellular Communicator Connect to existing fire control panel Programming Permit fees included Permit inspections not included Customer to provide the following: All 120VAC direct power. Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract#R220701 for Facility Technology Integration &Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator;Fire; 254,70 254.70 IP/Verizon LTE;Sole Path or Dual Path;Red Metal Enclosure; 120VAC Powered;with Core Commercial/Enterprise Sticker, MUST add 12v, 4AH battery 1 BATTERY 12V- 4AH SEALED LEAD ACID 7.94 7.94 1 Napco Starlink External Antenna Kit(includes:SLE- 211.54 211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable;cable clamps; hardware;connectors;etc. Sub Total Equipment Cost 474.18 Labor & Other Summary: Description Amount permit 300.00 Labor 808.00 Sub Total Labor&Other Cost: 1,108.00 Summary of Charges fon Fire Cellular Police Range Installation Price 1,582.18 Total Annual Recurring Services Charges* 0.00 Plus applicable ta•. Proposal pricing is valid for 30 days 1577 Equipment and Investment Statement for: Fire Cellular Schoolhouse Children's Museum Site Information: City of Boynton Beach, 129 E Ocean Ave, Schoolhouse Children's Museum, BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator Connect to existing fire control panel Programming Permit fees included Permit inspections not included Customer to provide the following. All 120VAC direct power. Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract#R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator, Fire; 254.70 254.70 IP/Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered;with Core Commercial/Enterprise Sticker, MUST add 12v, 4AH battery 1 BATTERY 12V- 4AH SEALED LEAD ACID 7.94 7.94 1 Napco Starlink External Antenna Kit(includes: SLE- 211.54 21154 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable;cable clamps: hardware; connectors; etc. Sub Total Equipment Cost: 474.18 Labor & Other Summary Description Amount permit 300.00 Labor 808.00 Sub Total Labor&Other Cost: 1,108.00 Summary of Charges for. Fire Cellular Schoolhouse Children's Museum Installation Price 1,582.18 Total Annual Recurring Services Charges* 0.00 Pius applicable ta• Proposal pricing is valid for 30 day 1578 Investment Summary Summary of Charges for:Fire Cellular Fire Station#1 Installation Price 1,582.18 Total Installation Price* 1,582.18 Total Monthly Recurring Services Charges* 0.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Cellular Senior Center Installation Price 1,582.18 Total Installation Price* 1,582.18 Total Monthly Recurring Services Charges* 0.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for. Fire Cellular Fire Station#5 Installation Price 1,582.18 Total Installation Price* 1,582.18 Total Monthly Recurring Services Charges* 0.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Cellular Fire Station#2 Installation Price 1,582.18 Total Installation Price* 1,582.18 Total Monthly Recurring Services Charges* 0.00 Plus applicable tax Proposal pricing Is valid for 30 days Summary of Charges for. Fire Cellular Fire Station#4 Installation Price 1,582.18 Total Installation Price* 1,582.18 Total Monthly Recurring Services Charges* 0.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Cellular Intracoastal Park Installation Price 1,582.18 Total Installation Price* 1,582.18 Total Monthly Recurring Services Charges* 0.00 Plus applicable tax Proposal pricing is valid for 30 days 1579 Summary of Charges for: Fire Cellular Ezell Hester Center Installation Price 1,582.18 Total Installation Price* 1,582.18 Total Monthly Recurring Services Charges* 0.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Cellular Woman's Club Installation Price 1,582.18 Total Installation Price* 1,582.18 Total Monthly Recurring Services Charges* 0.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Cellular Fire Station#3 Installation Price 1,582.18 Total Installation Price* 1,582.18 Total Monthly Recurring Services Charges* 0.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for. Fire Cellular Police Department Installation Price 1,582.18 Total Installation Price* 1,582.18 Total Monthly Recurring Services Charges* 0.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Cellular City Hall Installation Price 1,582.18 Total Installation Price* 1,582.18 Total Monthly Recurring Services Charges* 0.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for. Fire Cellular Utilities Department Bldg. Installation Price 1,582.18 Total Installation Price* 1,582.18 Total Monthly Recurring Services Charges* 0.00 Plus applicable tax Proposal pricing is valid(or 30 days 1580 Summary of Charges for: Fire Cellular Culture and Arts Center Installation Price 1,582.18 Total Installation Price* 1,582.18 Total Monthly Recurring Services Charges* 0.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for. Fire Cellular Police Range Installation Price 1,582.18 Total Installation Price* 1,582.18 Total Monthly Recurring Services Charges* 0.00 Plus applicable tax Propose/pricing is valid for 30 days Summary of Charges for: Fire Cellular Schoolhouse Children's Museum Installation Price 1,582.18 Total Installation Price* 1,582.18 Total Monthly Recurring Services Charges* 0.00 Plus applicable tax Proposal pricing is valid for 30 days Total Proposal Option Installation Price 23,732.70 Total Annual Recurring Services Charges* 0.00 Plus applicable tax Proposal pricing is valid for 30 days 1581 Investment Summary Summary of Charges for: Monitoring, UL& Fire Cell Service Fire Station #1 Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 73.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Senior Center Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 73.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Senior Center Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 50.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Public Works #2 Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 79.00 Plus applicable tax Proposal pricing is va/id for 30 days Summary of Charges for: Fire Inspections Public Works #1 Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 79.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Fire Station #5 Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 79.00 Plus applicable tax Proposal pricing is valid for 30 days 1582 Summary of Charges for: Monitoring, UL& Fire Cell Service Fire Station #2 Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 73.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Fire Station #2 Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 50.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Fire Station #4 Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 73.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Fire Station #4 Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 50.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Intracoastal Park Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 73.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Intracoastal Park Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 50.00 Plus applicable tax Proposal pricing is valid for 30 days 1583 Summary of Charges for: Monitoring, UL & Fire Cell Service Ezell Hester Center Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 73.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Ezell Hester Center Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 79.00 Pius applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Fire Station #3 Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 73.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Fire Station #3 Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 60.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Police Dept. Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 73.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Police Dept. Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 130.00 Plus applicable tax Proposal pricing is valid for 30 days 1584 Summary of Charges for: Monitoring, UL & Fire Cell Service Woman's Club Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 73.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Woman's Club Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 50.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service City Hall Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 73.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections City Hall Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 158.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Utilities Department Bldg. Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 73.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Utilities Department Bldg. Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 50.00 Plus applicable tax Proposal pricing is valid for 30 days 1585 Summary of Charges for: Monitoring, UL & Fire Cell Service Culture and Arts Center Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 73.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Culture and Arts Center Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 60.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL& Fire Cell Service Police Range Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 73.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL& Fire Cell Service Schoolhouse Childrens Museum Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 73.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Schoolhouse Childrens Museum Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 50.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Schoolhouse Childrens Museum Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 79.00 Plus applicable tax Proposal pricing is valid for 30 days 1586 Summary of Charges for: Fire Inspections Police Range Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 50.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Culture and Arts Center Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 79.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Fire Station #5 Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 79.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Fire Station #1 Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 60.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Fire Station #1 Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 79.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Senior Center Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 79.00 Plus applicable tax Proposal pricing is valid for 30 days 1587 Summary of Charges for: Monitoring, UL & Fire Cell Service Fire Station #5 Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 73.00 Plus applicable tax Proposal pricing is valid for.90 days Summary of Charges for: Sprinkler Inspections Ezell Hester Center Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 79.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Intracoastal Park Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 79.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Fire Station #4 Installation Price 50.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 79.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Fire Station #2 Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 79.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections City Hall Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 257.00 Plus applicable tax Proposal pricing is valid for 30 days 1588 Summary of Charges for: Sprinkler Inspections Women's Club Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 89.00 Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Police Dept. Installation Price 0.00 Total Installation Price* 0.00 Total Monthly Recurring Services Charges* 119.00 Plus applicable tax Proposal pricing is valid for 30 days Total Proposal Option Installation Price 0.00 Total Annual Recurring Services Charges* 41,460.00 Plus applicable tax . Proposal pricing is valid for 30 days 1589 ADDENDUM TO PURCHASE ORDER,INSTALLATION,OR SERVICE AGREEMENT Customer.Date of Purchase OtdedAareement Project Project Name/PO No.: i Manager: THIS ADDENDUM TO PURCHASE ORDER, INSTALLATION, OR has the minimum construction characteristics prescribed by the SERVICE AGREEMENT is made and entered Into,and is attached to Underwriters'Laboratories,Inc.Customer agrees to test any ultrasonic, and made a part of such Purchase Order/Agreoment(the'Agreement') microwave,capacitance or other nectroric equipment designated on the dated above between AOT Commercial LLC(hereinafter'ADTC)and Equipment page of this document or on Customer's separate Schedule of the Customer identified above(Customer). Protection prior to setting the alarm System for dosed periods,according RECITALS to procedures established from time to time by ADTC.and to notify ADTC A ADTC has been engaged by Customer to install,or service and/or promptly In the event that such equipment fails to respond to the test maintain,the Project(s)certain access control,closed circuit television, 3. ADTC Not anaheury_r.CUSTOMER AGREES THAT EXCEPT FOR surveillance, fire detection, Intrusion detection and/or other security THE LIMITED INDEMNITY PROVIDED IN PARAGRAPH 44a)BELOW: equipment (herein collectively referred to is the 'systema. roach is (A) ADTC IS NOT AN INSURER OF CUSTOMER. PERSONS intended to,among other things,avert or detect Intrusion,burglary.theft WORKING OR OTHERMSE PRESENT AT CUSTOMER'S PREMISES, or fire events. In addition,ADTC may have been engaged by Customer OR OF CUSTOMER'S PREMISES OR ITS CONTENTS; (B) IT IS to provide certain monitoring, maintenance,Inspection,guard or other CUSTOMERS RESPONSIBILITY TO OBTAIN ADEQUATE services in connection wtfh the System(herein collectively referred to as INSURANCE COVERING CUSTOMER, CUSTOMER'S PREMISES the'Sttnvias'). AND ITS CONTENTS,CUSTOMER'S EMPLOYEES, INVITEES AND R CHARGES B. The parties acknowledge that(I)the risk of kiss,and the potential AARREEEBASED ON THE DETERRENCE ANPD OTHER( C)oFFECTEDPERSONSANDALUEOFTHE liability for such losses,exists before,and is independent of,the provision EQUIPMENT AND SERVICES ADTC PROVIDES AND OUR UNITED of Services to the Project()security systems do not create.nor do they LIABILITY UNDER THIS CONTRACT,AND NOT ON THE VALUE OF Increase,the risk or extent of such losses,(If)ADTC does not and cannot CUSTOMER'S PREMISES OR iTS CONTENTS,OR THE UKEUHOOD control the situations or events that give rise to the occurrences OR POTENTIAL EXTENT OR SEVERITY OF PERSONAL INJURY burglaries. fres, etc.) or the consequences thereof (property Voss, (INCLUDING DEATH) TO AFFECTED PERSONS; AND (0) THE personal injury.etc.)that the System or Services are Intended to avert or SYSTEM AND SERVICES MAY NOT ALWAYS OPERATE AS detect,and(iv)because of the unique nature of the System and Services, INTENDED FOR VARIOUS REASONS, INCLUDING OUR the parties have agreed that ADTC's liability should be limited in NEGLIGENCE OR OTHER FAULT. ADTC CANNOT PREDICT THE accordance with the provisions of this Addendum. POTENTIAL AMOUNT.EXTENT,OR SEVERITY OF ANY DAMAGES AGREEMENTS OR INJURIES THAT MAY BE INCURRED BY CUSTOMER AND Aocordingy.for and In consideration of the mutual promises contained OTHER PERSONS,WHICH COULD BE DUE TO THE FAILURE OF herein, and other good and valuable consideration, the receipt and THE SYSTEM OR SERVICES TO WORK AS INTENDED.AS SUCH(I) suffidency of which am hereby acknowledged,It is hereby agreed as CUSTOMER AGREES THAT THE LIMITS ON OUR LIABILITY,AND fold: THE WAIVERS AND INDEMNITIES SET FORTH IN THIS CONTRACT, 1. Applicability.This Addendum Is intended to modify the Agreement ARE A FAIR ALLOCATION OF RISKS AND LIABILITIES BETWEEN it pertains to the ADTC's Services on the above P s). The terms CUSTOMER,ADLL LOOK ANY AFFECTED UTSTOIRD PARTIES; (II) as Pam Project(s). CUSTOMER WILL PRIMARILY TO CUSTOMER'S INSURER of this Addendum shall control over any confiding or Inconsistent FOR FINANCIAL PROTECTION FROM SUCH RISKS AND provision of the Agreement or any other agreement between or among LIABIUTIES,AND(Ig)EXCEPT AS PROVIDED IN PARAGRAPH 6, Customer end ADTC,and/or any third party y th regard to the subject CUSTOMER WAIVES ALL OTHER RIGHTS AND REMEDIES matter hereof. AGAINST ADTC THAT CUSTOMER MAY HAVE DUE TO ANY 2. (dgtt(lorjp .,$errt Ices. If Customer has subscribed to Monitorng. LOSSES OR INJURIES CUSTOMER OR OTHERS INCUR. Signal Receiving and Notification Services, ADTC shaft program the 4. ADTC Indemnification. Notwithstanding any term or contrition of security system to communicate with ADTC's monitoring facility Mental the Agreement or other agreement between ADTC and Customer to the Statlona When the Central Station receives en alarm signal from contrary: Customer's System (an 'Alarm Event"), ADTC will make reasonable efforts,consistent with local laws and our response policies,to contact a) ID Connection with Wolk 4!i.1he.prciact;Ite:ADTC will the appropriate bat emergency response provider (Emergency only hold Customer, its officers, directors, agents and employees Response Provider' or ERP"), and the first person designated on harmless from any and all losses,damages,irijurs,rabblesties or other Customer's Monitoring Information Schedule.In the event a burglar alarm expenses('Losses')to the extent directly caused by the negligent acts or signal or fire signal registers at the Central Station,ADTC may,In our omissions of ROTC, It's agents or employees, during and within the sole discretion,endeavor to contact the Premises by telephone to verify scope of their employment while on the Project Site. that the Alarm Event Is not a false alarm.Some local governments may b) Other. Notwithstanding the above, ADTC's obligations place conditions or restrictions on their dispatch of ERPs in response to under paragraph 4(a) shall not appy to any Losses arising out of, an Afami Event, and such conditions or restrictions may require that restating from of in any way due or attributable to the condition,non- additional measures be taken to verify the Alarm Event before dspalch. function, malfunction, faulty design, or failure In any respect of the ADTC does not guarantee that such additional measures will be System or Services to operate or perform as intended(herein,'System successful or that Emergency Response Providers will be dispatched Failure Events"),unless such System Facture Events ere determined to should art Alarm Event occur.In the event a supervisory signal or trouble be caused by,or arise out of,the sole or gross negligence,or Intentional signal registers at our Central Station,ADTC shall endeavor to notify the misconduct of ADTC,Its agents or employees.ADTC's tiabilfy for System Premises or the first available person designated on Customer's Failure Events Is strict'bruited pursuant to paragraphs 5 and 6 below. Monitoring Information Schedule.ADTC may,without notice to Customer. s. Failure Events. NOTWITHSTANDING ANYTHING TO In response to governmental or nsurance requirements,or otherwise in THE CONTRARY CONTAINED IN THE AGREEMENT, THE our sole discretion,alter,amend or discontlrwe any of our ponces and CONTRACT DOCUMENTS,OR ANY OTHER AGREEMENT BETWEEN procedures for alarm response.II Customer's police or he department OR AMONG CUSTOMER ADTC,OR ANY THIRD PARTY,NEITHER now or In the future requires physical or visual verification of an ADTC NOR ANY PERSON OR ENTITY AFFILIATED WITH ADTC emergency condition before responding to a request for assistance, SHALL BE UABLE FOR ANY LOSSES ARISING DIRECTLY OR Customer agrees to srbscrlbe to such service tf provided by us, or INDIRECTLY FROM ANY SYSTEM FAILURE EVENTS. IF ADTC OR otherwise comply with such requirements. ADTC may charge an ANY PERSON OR ENTITY AFFIUATED WITH ADTC IS DETERMINED additional fee for such service. TO BE LIABLE FOR ANY LOSSES DUE TO A SYSTEM FAILURE In addition,ADTC is subject to various governmental regulations and EVENT IN ANY RESPECT,THEIR LIABILITY SHALL BE STRICTLY industry standards designed to reduce false alarms.These regulations LIMITED TO THE TOTAL AMOUNT PAID UNDER THE AGREEMENT, and standards may result in practices and procedures that delay the AS THE AGREED UPON DAMAGES AND NOT ASA PENALTY. THIS notification of autortties of alarm activations,inducting.without limitation, AMOUNT IS THE SOLE AND EXCLUSIVE REMEDY UNLESS THE programmed delays In Customer's System's communication with our LOSSES ARE DETERMINED TO BE CAUSED BY ADTC'S SOLE OR Central Station. GROSS NEGLIGENCE (ACTIVE, PASSIVE OR OTHERWISE). This In the event Alarm Verification Service is being furnished,It Is mutually provision shall survive the termination of this Contract and Customer's understood and agreed that equipment Is being installed which,as to Account,as well as voluntary payment in full by Customer•any legal certain locations In the Premises,will require the activation of two sensing proceedings by ADTC to coned a debt owed by Customer. any devices,ora second activation of a single alarm sensor,or continuous bankruptcy by Customer,or any sale by ADTC of Customer's Account alarm event from a single sensor,In order for an alarm signal to be 6. Additional Limitations on LIabflj . IN NO EVENT SHALL ADTC transrnilled.Customer assumes furl responshbfty for the operation of any NOR ANY PERSON OR ENTITY AFFIUATED WITH ADTC BE LIABLE and all bypass or switch units provided for disconnecting or reconnecting FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECULATIVE, the alarm sounding and/or transmitting equipment at the Premises.CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, Customer represents and warrants to ADTC that any vault to be INCLUDING BUT NOT UNITED TO,LOSS OF BUSINESS,PROFITS, protected by ADTC hereunder by sound or vibration detection systems USE OR OTHER ECONOMIC ADVANTAGE.WHETHER BY STATUTE, 2020G. PO•s. + Agreement Addendum oowtRev. CONTRACT wn 8 1 1590 IN TORT, AT COMMON LAW, BY STRICT LIABILITY OR IN hurricanes,tropical storms.tornadoes,explosions and other severe ads CONTRACT. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST of nature or weather), we-, revotueons, acts of terrorism, epiderma, ADTC FOR FAILURE OF THE SYSTEM OR THE SERVICES IN ANY pandemics, contagions, eels of governmental authorities such as RESPECT MORE THAN ONE(1)YEAR AFTER THE ACCRUAL Of expropriation,condemnation,quarantining,executive orders and changes SUCH CAUSE OF ACTION. This provision shall survive the termination In laws and regulations,stares.labor disputes or for any other cause of Ihis Contract and Customers Account,as wet as voluntary payment In beyond ADTC's reasonable control.ADTC shall be entitled to a Change full by Customer,any legal proceedings by ADTC to tolled a debt owed Order and reimbursement for al demonstrable costs Incurred due to by Customer, any bankruptcy by Customer,or any sato by ADTC of Force Majeure and an erdenslon of thne equivalent to the delay caused Customer's Account. by Force Majeure. The parties expressly agree that any delays or costs 7. Hazardous Materials.In el cases except when the project involves caused by or related to COVID-t9, foreseeable or not, shalt be new construction.Customer represents and warrants that to the best of considered a Force Majeure event for purposes of this Agreement Customers knowledge,the Project Site is free of hazardous materials.As 10. Cot t1rutirtEffeet Except to the extent modified by this Addendum. used herein,the tens'hazardous materials' shall Indmde but not be the terms and conditions of the Agreement stall remain h full force and limited to asbestos. asbestos-contalnkrg material, polychlorinated effect in accordance with its terms. In the event that any provision of the biphenyl CPCB"),formaldehyde or other potentially toxic or otherwise Agreement, as emended by this Addendum, Is found Invalid or hazardous material as classified by applicable state or federal law. If army unenforceable pursuant to juddal decree,the remainder of the amended such substance a discovered on the Project Site,ADTC will not be Agreement shall remain valid and enforceable according to its terms. required to install or service the System unless and unts Customer Captions used herein are for convenience only and that not be deemed certifies the removal or safe containment of such hazardous materials. a pat of the Agreement or this Addendum or be used to construe any of Customer agrees to indemnify, defend, andel told ADTC. Its officers, the provisions thereof or hereof. The Agreement, together with this directors, and agents harmless from any damages. claims, injuries, Addendum, and any other documents specifically eicerporated by fatalities or other expenses resulting from the exposure of ADTC's reference therein or herein, constitutes the entire understanding, employees,contractors,or subcontractors to hazardous materials at the agreement and contract between the parties hereto,and supersedes any Project Site,and alt prior or contemporaneous oral or written representations or 8. Pavmen(.Nothing in the Agreement shall be construed as a waiver commmkatlora with respect to the subject matter hereof,all of which by ADTC of its rights to payment under apptcable prompt payment communications are merged herein. Neither party has relied upon any statutes. Further,Customer shall not refuse payment of any retainage agreement, understanding, representation,warranty, nor covenant not due and owing to ADTC without ADTC's written consent and, d such expressly set forth In writing herein. The Agreement may be amended refusal Is based on ADTC's performance of the work covered by the only by a written Instrument duly executed by both parties and may not Agreement,then ADTC shall be entitled to reasonable node of the basis be amended orally or by course of performance.All such amencknents or for withholding any such retainage and a reasonable opportunity to cure modifications of the Agreement shall be binding upon the parties despite any such defective wok. any lack of consideration,so long as the earns stall be In writing and executed by the parties hereto. 9. Force Majeure.ADTC Stat not be responsible for any delays or costs caused by acts of God (sun as hes, earthquakes, floods. IN WITNESS WHEREOF,Customer and ADTC have caused this Addendum to be executed as of the date first written above. ADT COMMERCIAL LLC By'—L By: Printed Name: i;11/Y 4-a I-a f G Printed Name: Qj C4 1/.Title: - Title: CONTRACT 9 1 1591 EXHIBIT B CONTRACT BETWEEN REGION 4 EDUCATION SERVICE CENTER AND ADT COMMERCIAL LLC. Piggyback Contract—ADT Commercial LLC. 2 1592 Region 4 Education Service Center (ESC) Contract # R220701 for Facility Technology Integration & Security System Services with ADT Commercial LLC Effective: April 1 , 2022 1593 The following documents comprise the executed contract between the Region 4 Education Service Center and ADT Commercial LLC, effective April 1 , 2022: I.Vendor Contract and Signature Form II. Supplier's Response to the RFP, incorporated by reference 1594 CONTRACT This Contract ("Contract") is made as of April 1, 2022 by and between ADT Commercial LLC Contractor') and Region 4 Education Service Center ("Region 4 ESC") for the purchase of Facility Technology Integration & Security System Services ("the products and services). RECITALS WHEREAS, Region 4 ESC issued Request for Proposals Number R22-07 for Facility Technology Integration & Security System Services ("RFP"), to which Contractor provided a response Proposal"); and WHEREAS, Region 4 ESC selected Contractor's Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal; WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092. WHEREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract. WHEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control. WHEREAS, the Contract will provide that any state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies") may purchase products and services at prices indicated in the Contract upon the Public Agency's registration with OMNIA Partners. 1) Term of agreement. The term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right to renew the Contract for two (2) additional one-year periods or portions thereof. Region 4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region 4 ESC's intent renew the Contract. Contractor may elect not to renew by providing three hundred sixty-five days' (365) notice to Region 4 ESC. Notwithstanding the expiration of the initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may mutually agree to extend the term of this Agreement. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Agreement. The anticipated full term of the contract is five (5) years. The Contractor shall have the right to enter local "service" agreements with Participating Public Agencies accessing the contract through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the Contract. All local agreements may have a full potential term (any CONTRACT 1 1595 combination of initial and renewal periods) not to exceed five years. Any tasks or project agreements executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties. 2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein. 3) Form of Contract. The form of Contract shall be the RFP, the Offeror's proposal and Best and Final Offer(s). 4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail: i. This Contract ii. Offeror's Best and Final Offer iii. Offeror's proposal iv. RFP and any addenda 5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. 6) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 7) Assignment of Contract. No assignment of Contract may be made without the prior written approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.). 8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Contractor. 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC. 10)Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC. Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor's pricing. 11)TERMINATION OF CONTRACT a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12-month period. Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to CONTRACT 2 1596 failure by Contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following: i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the scope of work and specifications; iv. Failing to complete required work or furnish required materials within a reasonable amount of time; v. Failing to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the requirements of the Contract; or vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order. Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents. c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC must purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a reasonable time period, for reasonable, direct, and documented expenses incurred. d) Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial and supply chain disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; pandemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the CONTRACT 3 1597 opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. e) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order. 12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop work and/or cancel the Contract if Contractor's license(s) expire, lapse, are suspended or terminated. 13)Survival Clause. All applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract. 14) Delivery. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period, the Contractor must receive authorization for the delayed delivery. The order may be canceled if the estimated shipping time is not acceptable. All deliveries made within the continental US shall be freight prepaid, F.O.B. Destination and shall be included in all pricing offered unless otherwise clearly stated in writing. Deliveries made to AK, HI, PR and other US territories shall be F.O.B. Origin. 15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC. The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. 16) Payments. Unless negotiated otherwise in the Purchase order, payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 17) Price Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC unless otherwise agreed to by Region 4 ESC. It is the Contractor's responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor's proposal. Price reductions may be offered at any time during Contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price reduction during the Contract term. CONTRACT 4 1598 18)Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor's pricing at Region 4 ESC's sole cost and expense. Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor's pricing at Contractor's sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third- party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC. 19)Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model. 20) New Products/Services. New products and/or services that meet the scope of work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than the original discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause. 21)Options. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability. 22)Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing. 23)Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 24)Site Preparation. Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre-installation requirements. 25) Registered Sex Offender Restrictions. For work to be performed at schools, Contractor agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a CONTRACT 5 1599 material breach and may result in the cancellation of the purchase order at Region 4 ESC's discretion. Contractor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. 26)Safety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. 27)Smoking. Persons working under the Contract shall adhere to local smoking policies. Smoking will only be permitted in posted areas or off premises. 28) Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request.Additionally, if stored offsite,the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 29) Funding Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC's current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract. 30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract. Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas. 31) Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC. 32)Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten 10) days' notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified. CONTRACT 6 1600 33) Legal Obligations. It is Contractor's responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein. CONTRACT 7 1601 MTCommercial SOLICITATION:22-07 REGION 4/OMNIA PARTNERS DEEEBADAILIZLIBACISMAIlIBLEME The undersigned hereby offers and,if awarded,agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted In writing. Company Name _ ADT Commercial LLC Address _ 1501 Yamato Road City/State/Zip _ Boca Raton,FL 33431 Telephone No. _ 775-287-8110 Email Address _ scottwulforst©ADT.com Printed Name _ cstoh lfo fst Title DI\ .r, = e Local Government Programs Authorized signature ,0 Accepted by Region 4 ESC: Contract No. R220701 Initial Contract Term April 1,2022 to March 31,2025 r/f/2/22/2022 Negion 4 ES Authorized Boa • ember Date Margaret S. Bass Print Name 2/22/2022 Region 4 ESC.Autnonzed boara Memper Date Linda Tinnerman Print Name 1602 OMNIA® PARTNERS NATIONALIPA USCOMMUMTIES' FACILITY TECHNOLOGY INTEGRATION &SECURITY SYSTEM SERVICES Executive Summary Lead Agency: Region 4 Education Service Center Solicitation: 22-07 RFP Issued: October 7, 2021 Pre-Proposal Date: October 21, 2021 Response Due Date:January 11, 2022 Proposals Received:#3 Awarded to:ADT Commercial LLC Region 4 Education Service Center issued RFP 22-07 on October 7, 2021, to establish a national cooperative contract for Facility Technology Integration &Security System Services. Overview- Facility Technology Integration & Security System Services. Each Awarded Offeror may offer their complete product and service offering, or balance of line. Should an Awarded Offeror utilize distributors, dealers, and/or subcontractor, Participating Public Agencies may choose to issue work directly to the distributor, dealer, or subcontractor if allowed by the Awarded Offeror and Participating Public Agency. Cooperative Language- The solicitation included cooperative purchasing language in Section I. Scope of Work and Appendix D: Region 4 ESC, as the Principal Procurement Agency, defined in APPENDIX D, has partnered with OMNIA Partners, Public Sector ("OMNIA Partners") to make the resultant contract (also known as the "Master Agreement" in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through OMNIA Partners' cooperative purchasing program. Region 4 ESC is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a "Participating Public Agency")and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is attached hereto on APPENDIX D, or as otherwise agreed to. APPENDIX D contains additional information about OMNIA Partners and the cooperative purchasing program. Version August 19,2020 1603 Advertisement- Notice of the solicitation was sent to potential offerors, as well as advertised in the following: Region 4 Education Service Center website OMNIA Partners website USA Today, nationwide Arizona Business Gazette, AZ San Bernardino Sun,CA Honolulu Star-Advertiser, HI The Advocate—New Orleans, LA New Jersey Herald, NJ Times Union, NY Daily Journal of Commerce, OR The State, SC South Carolina website/newsletter(get from Chris White) Houston Community Newspapers,Cy Creek Mirror,TX Deseret News, UT Richmond Times, VA Seattle Daily Journal of Commerce, WA Helena Independent Record, MT Kennebec ME Journal Socio-economic Outreach - To encourage participation of small businesses, minority owned businesses and women owned businesses, Texas Historically underutilized Businesses were notified of the Request for Proposal. Procurement Details - On January 11, 2022 proposals were received from the following offerors: ADT Commercial LLC Convergint Technologies, LLC Schneider Electric Buildings Americas, Inc. The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to enter into negotiations with ADT Commercial LLC and proceeding with contract award upon successful completion of negotiations. Geographic Preferences: No geographic preferences were included in the evaluation of the responses. Region 4 Education Service Center, OMNIA Partners, and ADT Commercial LLC successfully negotiated a contract, and Region 4 Education Service Center executed the agreement with a contract effective date of April 1, 2022. Version August 19,2020 1604 Scope Details - ADT Commercial LLC can help create a comprehensive security plan, then install, test, inspect, monitor, service and teach how to use it. Solutions include (but are not limited to): Access Control Fire and Safety Monitoring Panic Button Intercom Intrusion Detection Video Surveillance Remote Guard Tours Cyber Security Emergency Responder Comms (ERCES) Mass Notification Fire Sprinkler Contract Tracing Occupancy Management Traffic Flow Analysis Real-Time Visitor Management Access Control Solutions Modernizing Fire Safety Risk Assessment & Management Infrastructure as a Service (laaS) Federal Funds Certifications- The Supplier provided federal funds certifications.The signed federal certifications and contract provisions can be found in Exhibit F of the Supplier's response, incorporated by reference into the Master Agreement, available on the OMNIA Partners website for review. Term- Initial three-year agreement from April 1 through March 31, 2025 with the option to renew for two(2)additional one-year periods through March 31, 2027.The anticipated full term of the contract is five (5)years. The Contractor shall have the right to enter local "service"agreements with Participating Public Agencies accessing the contract through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the Contract. All local agreements may have a full potential term (any combination of initial and renewal periods) not to exceed five years. Any tasks or project agreements executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties. Pricing/Discount - Available Upon Request. Version August 19,2020 1605 rri Memo To: Daniel Dugger, City Manager From: Stacey R. Weinger, Deputy City Attorney `^' Date: December 5 , 2024 Dept. Public Works Matter# 24-0372 Re: Piggyback Agreement for Facility Technology Integration & Security System Services Amendment No. 1 Transmitted herewith are original documents that have been reviewed and approved for legal sufficiency. Kindly forward the documents, along with this memo, to the City Clerk's Office. The City Manager is authorized to execute these documents in accordance with: Commission Approval. Resolution No. 24-131 To: Office of the City Clerk Please take the actions indicated below with respect to these documents: O Attest to the execution of the Agreement by the City Manager. O Insert the date of execution beneath the City Manager's signature (if not already dated). Please retain one original as a public record and forward a copy of the fully-executed document to: Pablo Pimienta, Public Works To: Pablo Pimienta, Public Works Please forward the fully-executed document to the other party. Thank you. 1606 CITY OF BOYNTON BEACH AMENDMENT NO. 1 Name Change Agreement Name: Piggyback Agreement for Facility Technology Integration & Security System Services Agreement Date: June 18, 2024 Contract No. 24-0372 This First Amendment ("Amendment") is entered into by and between the CITY OF BOYNTON BEACH City") and EVERON, LLC f/ka ADT COMMERCIAL, LLC (collectively "Vendor"). WHEREAS, City and Vendor entered into a Piggyback Agreement for Facility Technology Integration & Security System Services dated June 18, 2024 ("Agreement"); and WHEREAS, ADT Commercial, LLC filed Articles of Amendment to Articles of Incorporation with the State of Florida, and changed its name to Everon, LLC; and WHEREAS, Everon, LLC agrees to honor all terms, conditions and prices of the Agreement; and NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein, and for other good and valuable consideration, the Parties hereby agree as follows: 1. Agreement. Everon, LLC agrees to honor all terms, conditions and pricing of the above-referenced Agreement. 2.Effect of Amendment. Except to the extent the Agreement is modified by this Amendment, the terms and provisions of the Agreement shall remain unmodified and in full force and effect. In the event of a conflict between the terms of the Agreement and the terms of this Amendment, the terms of this Amendment shall govern and prevail. IN WITNESS WHEREOF, the parties hereto have made and executed this First Amendment as of the day and year last indicated below. EVERON, LLC CITY OF BOYNTON BEACH By: 1/tBy: mom NIN.....Ora D_ ielT ge , Print Name: STEPHANIE PRITCHETT Title: BILLING COORDINATOR Attes .raki,' Cit Dated: 11/21/24 2024 Dated: 2024 CITY ATTORNEY'S OFFICE Approveyas to form and legal sufficiency By: `..0',0 pV N TQN SE AL : ,,U I INCORPORATED; 1920 I t FLOR\P 1607 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases over $100,000 03/18/2025 Meeting Date: 03/18/2025 Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for March 18, 2025 - "Request for Extensions and/or Piggybacks." Requested Action: Staff recommends approval of t he one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for March 18, 2025 - "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the “Agenda Request Item” presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION OF SOLICITATION SOLICITATION NUMBER RENEWAL TERM AMOUNT Everon, LLC Facility Technology Integration & Security Services Piggyback Agreement off Region 4 (ESC) and Omnia Partners Contract R220701 City of Boynton Beach Contract # PW24-056 April 1, 2025 - March 31, 2026 Annual Estimated Expenditure $150,000 How will this affect city programs or services? 1608 This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Budgeted Item: Yes Account Line Item and Description: See attached Bids and Piggy-Back Over $100K Report. Fiscal Impact: Funds have been budgeted under the line items as noted on the attached report. Attachments: $100K over REQUEST FOR BID EXTENSIONS March 18 2025 Report - Exhibit A.docx R220701_Everon - Exp March 31, 2026.pdf 1609 City of Boynton Beach Agenda Item Request Form 7.H Consent Bids and Purchases 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Resolution No. R25-210- Approve a $20,000 increase to the total expenditure for Vinnie's Auto Body Shop, resulting in a revised annual not-to-exceed amount of $70,000 for FY25. Requested Action: Staff recommends approval of Proposed Resolution No. R25-210. Explanation of Request: Vinnie’s Auto Body Shop has been a reliable and responsive vendor providing vehicle repair services for the City of Boynton Beach. The shop is locally based and has demonstrated the ability to perform high-quality repairs in a timely manner, which is critical to maintaining the operational readiness of the City’s fleet- including vehicles used by Public Works, Utilities, and other essential departments. Given the volume of vehicular traffic and the high incidence of car accidents in South Florida, the demand for timely collision repairs continues to increase. The region’s dense population, year-round tourism, and unpredictable weather patterns contribute to a heightened need for dependable auto body services. This makes it imperative for the City to have access to trusted repair vendors who can accommodate urgent repairs and minimize vehicle downtime. Allowing the continued and expanded use of Vinnie’s Auto Body Shop ensures the City can respond efficiently to vehicle damage, maintain service continuity across departments, and avoid service disruptions caused by prolonged vehicle outages. Vinnie’s proven track record, fair pricing, and proximity to City operations make it a valuable resource in supporting the City's fleet maintenance needs. This purchase is being procured under the procurement exception Single-Source, as outlined in the City’s Procurement Policy. The City has used this vendor for a while, and they have offered the City good rates of $65.00 an hour. While the City does not currently have a formal contract with this vendor, services are being rendered under Purchase Orders, which serve as the contractual instrument. A formal multi-year agreement is anticipated to be established in the upcoming Fiscal Year through a competitive solicitation, as this is the best practice. How will this affect city programs or services? Allowing the City to maintain fleet readiness is essential for uninterrupted public safety operations. Budgeted Item: Yes Account Line Item and Description: 501-5000-590.09-82 - CLEARLING / FM - PARTS 1610 522-1710-519.49-22 - OTHER CURRENT CHGS / AUTO PHY DAM SELF INS Fiscal Impact: This is a budgeted item. Attachments: R25-210 Agenda_Item_3433- 2025_Resolution_for_Vinnie_s_Auto_Body_Shop_expenditure_increase.docx 1611 RESOLUTION NO. R25-210 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING A $20,000 INCREASE TO THE TOTAL 2 EXPENDITURE FOR VINNIE'S AUTO BODY SHOP, INCREASING THE 3 ANNUAL NOT-TO-EXCEED AMOUNT TO $70,000 FOR FISCAL YEAR 4 2025; AND FOR ALL OTHER PURPOSES. 5 6 7 WHEREAS, Vinnie’s Auto Body Shop has been a reliable and responsive vendor providing 8 vehicle repair services for the City of Boynton Beach. The shop is locally based and has 9 demonstrated the ability to perform high-quality repairs promptly, which is critical to maintaining 10 the operational readiness of the City’s fleet, including vehicles used by Public Works, Utilities, and 11 other essential departments; and 12 WHEREAS, given the volume of vehicular traffic and the high incidence of car accidents in 13 South Florida, the demand for timely collision repairs continues to increase. The region’s dense 14 population, year-round tourism, and unpredictable weather patterns create a heightened need 15 for dependable auto body services. This makes it imperative for the City to have access to trusted 16 repair vendors who can accommodate urgent repairs and minimize vehicle downtime; and 17 WHEREAS, allowing the continued and expanded use of Vinnie’s Auto Body Shop ensures 18 the City can respond efficiently to vehicle damage, maintain service continuity across 19 departments, and avoid service disruptions caused by prolonged vehicle outages. Vinnie’s proven 20 track record, fair pricing, and proximity to City operations make it a valuable resource in 21 supporting the City's fleet maintenance needs; and 22 WHEREAS, this purchase is being procured under the procurement exception Single-23 Source, as outlined in the City’s Procurement Policy. The City has used this vendor for a while, and 24 they have offered the City reasonable rates of $65.00 an hour. While the City does not have a 25 formal contract with this vendor, services are being rendered under Purchase Orders, which serve 26 as the contractual instrument. A formal multi-year agreement is anticipated to be established in 27 the upcoming Fiscal Year through a competitive solicitation, as this is the best practice; and 28 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 29 best interests of the City's citizens and residents to approve a $20,000 increase to the total 30 expenditure for Vinnie's Auto Body Shop, increasing the annual not-to-exceed amount to $70,000 31 1612 RESOLUTION NO. R25-210 for Fiscal Year 2025. 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 34 BEACH, FLORIDA, THAT: 35 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption. 37 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 38 approve a $20,000 increase to the total expenditure for Vinnie's Auto Body Shop, increasing the 39 annual not-to-exceed amount to $70,000 for Fiscal Year 2025. 40 SECTION 3. This Resolution shall take effect in accordance with the law. 41 42 43 44 [SIGNATURES ON THE FOLLOWING PAGE] 45 46 1613 RESOLUTION NO. R25-210 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 47 CITY OF BOYNTON BEACH, FLORIDA 48 YES NO 49 Mayor – Rebecca Shelton _____ _____ 50 51 Vice Mayor – Woodrow L. Hay _____ _____ 52 53 Commissioner – Angela Cruz _____ _____ 54 55 Commissioner – Thomas Turkin _____ _____ 56 57 Commissioner – Aimee Kelley _____ _____ 58 59 VOTE ______ 60 ATTEST: 61 62 _____________________________ ______________________________ 63 Maylee De Jesús, MPA, MMC Rebecca Shelton 64 City Clerk Mayor 65 66 APPROVED AS TO FORM: 67 (Corporate Seal) 68 69 _______________________________ 70 Shawna G. Lamb 71 City Attorney 72 1614 City of Boynton Beach Agenda Item Request Form 7.I Consent Bids and Purchases 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Resolution No. R25-211- Approve Amendment No. 2 to Contract No. 009- 2511-20/RW for Town Square/City Facilities Maintenance Services between the City and ABM Industry Groups, LLC removing landscaping maintenance services and renewing the Agreement through August 10, 2030. Requested Action: Staff recommends approval of Proposed Resolution No. R25-211. Explanation of Request: ABM Industry Groups, LLC is a nationally recognized facilities services provider with over 100 years of experience in custodial, maintenance, and integrated facility solutions. ABM has an established reputation for delivering reliable and scalable janitorial services to public sector clients, including municipalities, airports, universities, and federal agencies across the country. The City of Boynton Beach has partnered with ABM since July 7, 2020 under a competitively solicited contract for custodial and grounds maintenance services across multiple high-traffic and public-facing City facilities. These include: City Hall & Library Campus Boynton Beach Cultural Center Amphitheater Schoolhouse Children's Museum Kapok Park Fire Station #1 Over the years, ABM has demonstrated consistent performance, flexibility, and responsiveness to the City’s evolving operational needs. Their team is well-integrated into the City’s service model, offering trained custodial staff, dedicated supervisory oversight, and a commitment to cleanliness and public health- particularly important in post-pandemic facility standards. The City’s continued use of ABM for janitorial services ensures seamless transition into the renewed contract term, avoids service interruptions, and upholds the cleanliness and safety standards expected by residents, visitors, and employees. ABM’s institutional knowledge of City buildings and their proven track record make them a valuable partner in supporting the day-to-day functionality of these key municipal spaces. Amendment No. 2 will remove Landscape Maintenance Services for $14,810.00 per month or 1615 $888,600.00 over the course of five years and subtract the Quantum location at $6,916.00 per month or $414,960.00 over the course of five years from the Scope of Services. This amendment will also renew the contract through August 10, 2030. The new monthly contract for janitorial services will now be $28,498.50 which does not include additional services. This purchase is being procured through an already existing contract that was competitively solicited. Pursuant to Contract No. 009-2511-20/RW, Article 2- Term , the City reserves the right to renew this contract for two additional five-year periods. The City now wishes to exercise this renewal option, subject to the proposed deletion of the scope of work as outlined. How will this affect city programs or services? Allows for continuity of operations of the Town Square / City Facilities Maintenance Services. Budgeted Item: Yes Account Line Item and Description: 00125115193410 JANITORIAL SERVICES 00127305724917 OTHER CONTRACTUAL SRVS Fiscal Impact: This is a budgeted item. Attachments: R25-211 Agenda_Item_3435-2025_Resolution_for_ABM_Industry_Groups_Amd__2.docx Exhibit A to Resolution - ABM Industry Groups, LLC - Amendment No. 2 - Vendor Signed.pdf Res R20-074 & Executed ABM Contract 009-2511-20RW (1).pdf Agenda Item - R24-085 - ABM Building Solutions (1).pdf ABM Industry Grp - COI ending 11-2025.pdf 1616 RESOLUTION NO. R25-211 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 TO AN 2 AGREEMENT BETWEEN THE CITY AND ABM INDUSTRY GROUPS, LLC, 3 FOR TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES, 4 REMOVING LANDSCAPING MAINTENANCE SERVICES AND 5 RENEWING THE AGREEMENT THROUGH AUGUST 10, 2030; AND FOR 6 ALL OTHER PURPOSES. 7 8 WHEREAS, the City and ABM Building Solutions LLC entered into Contract No. 009-2511-9 20/RW for Town Square/City Facilities Maintenance Services (the “Agreement”) approved by 10 Resolution No. R20-074 on August 4, 2020; and 11 WHEREAS, the City, ABM Building Solutions LLC, and ABM Industry Groups LLC entered 12 into a First Amendment and Consent to Assignment, approved by Resolution No. R24-085 on 13 April 16, 2024; and 14 WHEREAS, the City and ABM Industry Groups, LLC desire to amend the Agreement to 15 remove Landscape Maintenance Services for $14,810.00 per month from the Scope of Services 16 and renew the Agreement through August 10, 2030; and 17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 18 best interests of the City's citizens and residents to approve Amendment No. 2 to an Agreement 19 between the City and ABM Industry Groups, LLC, for Town Square/City Facilities Maintenance 20 Services, removing landscaping maintenance services and renewing the Agreement through 21 August 10, 2030. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24 BEACH, FLORIDA, THAT: 25 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption. 27 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 28 approve Amendment No. 2 to an Agreement between the City and ABM Industry Groups, LLC, for 29 Town Square/City Facilities Maintenance Services, removing landscaping maintenance services 30 and renewing the Agreement through August 10, 2020 (the “Amendment”), in form and substance 31 1617 RESOLUTION NO. R25-211 similar to that attached as Exhibit A. 32 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 33 authorizes the City Manager to execute the Amendment. The City Manager is further authorized 34 to execute any ancillary documents as may be necessary to accomplish the purpose of this 35 Resolution. 36 SECTION 4. The City Clerk shall retain the fully executed Amendment as a public record 37 of the City. A copy of the fully executed Amendment shall be provided to Annalie Holmes and 38 Maria Rozwadowski to forward to ABM Industry Groups, LLC. 39 SECTION 5. This Resolution shall take effect in accordance with the law. 40 41 42 43 [SIGNATURES ON THE FOLLOWING PAGE] 44 45 1618 RESOLUTION NO. R25-211 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 46 CITY OF BOYNTON BEACH, FLORIDA 47 YES NO 48 Mayor – Rebecca Shelton _____ _____ 49 50 Vice Mayor – Woodrow L. Hay _____ _____ 51 52 Commissioner – Angela Cruz _____ _____ 53 54 Commissioner – Thomas Turkin _____ _____ 55 56 Commissioner – Aimee Kelley _____ _____ 57 58 VOTE ______ 59 ATTEST: 60 61 _____________________________ ______________________________ 62 Maylee De Jesús, MPA, MMC Rebecca Shelton 63 City Clerk Mayor 64 65 APPROVED AS TO FORM: 66 (Corporate Seal) 67 68 _______________________________ 69 Shawna G. Lamb 70 City Attorney 71 1619 1620 1621 1622 1623 1624 1625 1626 1627 1628 1629 1630 1631 1632 1633 1634 1635 1636 1637 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases over $100,000 04/16/2024 Meeting Date: 04/16/2024 Proposed Resolution No. R24-085- Approve and Authorize the City Manager to execute a First Amendment and Consent to Assignment of Town Square / City Facilities Maintenance Services Agreement in order to remove HVAC maintenance and Electrical Systems Maintenance from the agreement and assign the current Agreement with ABM Building Solutions, LLC, to AMB Industry Groups, LLC, in accordance with Article 15 of the Agreement. Requested Action: Staff recommends approval of Proposed Resolution No. R24-085. Explanation of Request: On August 11, 2020, the City of Boynton Beach and ABM Building Solutions, LLC, entered into Contract No. 009-2511-20/RW for Town Square /City Facilities Maintenance Services. The Parties desire to amend the Contract to remove the Scope of Work regarding HVAC maintenance and Electrical Systems Maintenance and increase the monthly service fee for Landscape Maintenance and Janitorial Services. Removed Services: HVAC Maintenance and Electrical Systems Maintenance for $5,035.58 per month. Increased Monthly Services: Landscape Maintenance from $13,708.33 to $14,810 per month ($1,101.67 increase) Janitorial Services from $27,668.50 to $28,498.50 per month ($830 increase) Estimated Annual Expenditure: $519,720 per year. Pursuant to Article 15 of the Contract dated August 11, 2020, between ABM Building Solutions, LLC and the City of Boynton Beach, the parties desire to mutually consent to the assignment of the contract in its entirety to ABM Industry Groups, LLC. ABM Industry Groups, LLC has agreed to take on the entirety of the assignment at the agreed rates and current terms as previously negotiated with ABM Building Solutions, LLC. How will this affect city programs or services? Allows for continuity of operations of the Town Square / City Facilities Maintenance Services. Fiscal Impact: None - Already budgeted under previous contract with ABM Building Solutions, LLC. Attachments: 1638 R24-085 Agenda_Item_1403-2023_Resolution_for_Amendment__R1_.docx Exhibit A to Resolution - Amendment and Assignment Town Square City Facilities Maint. (3.19.24) Signed -ABM.pdf Res R20-074 & Executed ABM Contract 009-2511-20RW.pdf 1639 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis Towers Watson Southeast, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA ABM Industry Groups, LLC an ABM Industries Incorporated Company 4151 Ashford Dunwoody Road, Suite 600 Atlanta, GA 30319 SEE ATTACHED City of Boynton Beach 100 E Ocean Ave Boynton Beach, FL 33435 12/23/2024 1-877-945-7378 1-888-467-2378 certificates@wtwco.com ACE American Insurance Company 22667 ACE Property & Casualty Insurance Company Indemnity Insurance Company of North Ameri 20699 43575 QBE Specialty Insurance Company 11515 Federal Insurance Company 20281 AIG Specialty Insurance Company 26883 W36842913 A 2,000,000 2,000,000 Excluded$1,000,000 SIR XCU 2,000,000 6,000,000 2,000,000 Y Y XSL G48949757 11/01/2024 11/01/2025 A 5,000,000 11/01/202511/01/2024YYISA H11374311 B 10,000,000 0 Y Y XEU G27910865 010 11/01/2024 11/01/2025 10,000,000 WLR C72624804CY 1,000,000No11/01/2024 11/01/2025 1,000,000 1,000,000 D Professional Liability Each Claim13000748407/01/2024 07/01/2025 Aggregate Retention 375196226966169SR ID:BATCH: $1,000,000 $5,000,000 $5,000,000 WTW Certificate Center Page 1 of 3 1640 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: ABM Industry Groups, LLC an ABM Industries Incorporated Company 4151 Ashford Dunwoody Road, Suite 600 Atlanta, GA 30319 Worksite Location (1): 100 E. Ocean Ave., Boynton Beach, FL 33435 Description of Job: Janitorial Services, Landscape Services, Porter Services Contractual Liability, X.C. U, Broad form property damage, Independent Contractors are included under General liability The City of Boynton Beach, it’s officers, employees and agents are included as Additional Insured as respects General Liability and Automobile Liability (Umbrella follows Form) as required by written contract with the Named Insured. If required by the written contract or agreement with said Additional Insured, this insurance shall be primary insurance to any other insurance available to said insured covering the same loss. Such other insurance available to said Additional Insured shall be excess to and non-contributing to this insurance. Waiver of subrogation applies in favor of Additional Insured as respects General Liability, Automobile Liability and Workers Compensation, where allowed by law, (Umbrella follows form) as required by written contract with the Named Insured. Umbrella/Excess policy applies excess of General Liability, Auto Liability and Employers Liability Policies INSURER AFFORDING COVERAGE: Federal Insurance Company NAIC#: 20281 POLICY NUMBER: J06105798 EFF DATE: 11/01/2024 EXP DATE: 11/01/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Crime/Employee Dishonesty/ Each Occurrence $5,000,000 Fidelity INSURER AFFORDING COVERAGE: AIG Specialty Insurance Company NAIC#: 26883 POLICY NUMBER: CPO 16081985 EFF DATE: 05/01/2024 EXP DATE: 05/01/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Contractor's Pollution Liability Each Loss $10,000,000 Aggregate $10,000,000 SIR $500,000 2 3 Willis Towers Watson Southeast, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W36842913CERT:3751962BATCH:26966169SR ID:1641 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: ABM Industry Groups, LLC an ABM Industries Incorporated Company 4151 Ashford Dunwoody Road, Suite 600 Atlanta, GA 30319 INSURER AFFORDING COVERAGE: American Home Assurance Company NAIC#: 19380 POLICY NUMBER: 080768613 EFF DATE: 05/01/2024 EXP DATE: 05/01/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Property Coverage Per Policy $5,000,000 ADDITIONAL REMARKS: All Risk of Physical Damage at any location including customer's premises, subject to policy terms. INSURER AFFORDING COVERAGE: ACE American Insurance Company NAIC#: 22667 POLICY NUMBER: ISA H11374311 EFF DATE: 11/01/2024 EXP DATE: 11/01/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Garage Keepers Legal Liability Limit $2,000,000 ADDITIONAL REMARKS: Automobile Liability includes Excess Garage keepers Liability. 3 3 Willis Towers Watson Southeast, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W36842913CERT:3751962BATCH:26966169SR ID:1642 Willis 102 WILLIS TOWERS WATSON CANCELLATION NOTICE POLICY NO. All policies listed on the enclosed certificate NAMED INSURED ABM Industry Groups, LLC EFFECTIVE DATE SEE PAGE 1 Holder Name: City of Boynton Beach 100 E Ocean Ave Boynton Beach, FL 33435 Project: See Page 1 Cancellation Terms: IN ADDITION TO THE NOTICE PROVISIONS IN THE POLICY, WILLIS TOWERS WATSON HAS AGREED WITH THE CARRIER THAT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, WILLIS TOWERS WATSON WILL SEND WRITTEN NOTICE TO THE CERTIFICATE HOLDER WITHIN 30 DAYS EXCEPT FOR NONPAYMENT OF PREMIUM. WILLIS TOWERS WATSON WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED. Cancellation Terms Apply to the Following Coverages: All policies listed on the enclosed certificate 1643 BLANKET ADDITIONAL INSURED MS-309963.2 (11/20)©Chubb. 2016. All rights reserved.Page 1 of 1 Named Insured ABM Industries Incorporated Endorsement Number 26 Policy Symbol XSL Policy Number G48949757 Policy Period 11/01/2024 TO 11/01/2025 Effective Date of Endorsement Issued By (Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: EXCESS COMMERCIAL GENERAL LIABILITY POLICY Any person or organization whom you have agreed to include as an additional insured in a written contract is included as an additional insured under this policy, but only to the extent required by and in accordance with the terms of such written contract executed prior to loss, provided that written contract does not specify an ISO endorsement or other specific wording, and only with respect to liability for “bodily injury”, “property damage”, or “personal and advertising injury” arising out of your ongoing or completed operations. 1644 4 XS-20288a (05/14)©Chubb. 2016. All rights reserved.Page 1 of 1 NON-CONTRIBUTORY ENDORSEMENTFOR ADDITIONAL INSUREDS NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured ABM Industries Incorporated Endorsement Number 21 Policy Symbol XSL Policy Number G48949757 Policy Period 11/01/2024 to 11/01/2025 Effective Date of Endorsement Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY Schedule Organization Additional Insured Endorsement Any additional insured with whom you have agreed to provide such non-contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss. (If no information is filled in, the schedule shall read: “All persons or entities added as additional insureds through an endorsement with the term “Additional Insured”in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IV.4: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the “Additional Insured”)for a loss we cover under this policy,this insurance will apply to such loss and is primary (subject to satisfaction of the “retained limit”),meaning that we will not seek contribution from the other insurance available to the Additional Insured.Your “retained limit”still applies to such loss,and we will only pay the Additional Insured for the “ultimate net loss”in excess of the “retained limit”shown in the Declarations of this policy. Authorized Representative 1645 1 XS-6W34a (02/20)Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO USWAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Named Insured ABM Industries Incorporated Endorsement Number 1 Policy Symbol XSL Policy Number G48949757 Policy Period 11/01/2024 to 11/01/2025 Effective Date of Endorsement Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name of Person or Organization:Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against the person(s)or organization(s)shown in the Schedule above because of payments we make under this policy.Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s)or organization(s)prior to loss.This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. All Other Terms And Conditions Remain Unchanged. Authorized Representative 1646 1647 1648 1649 WC 00 03 13 (11/05)© Copyright 1983–2017 National Council on Compensation Insurance, Inc. All Rights Reserved. Workers' Compensation and Employers' Liability Policy Named Insured ABM INDUSTRIES INCORPORATED ONE LIBERTY PLAZA, 7TH FLOOR NEW YORK NY 10006 Endorsement Number Policy Number Symbol:WLR Number:C72624804 Policy Period 11-01-2024 TO 11-01-2025 Effective Date of Endorsement 11-01-2024 Issued By (Name of Insurance Company) INDEMNITY INS. CO. OF NORTH AMERICA Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule.This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. For the states of CA, UT, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications.According to Section 287.150(6)of the Missouri statutes,a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications. For Kansas,use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto)and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto).According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that,subject to the Acts,a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program. Authorized Agent 1650 City of Boynton Beach Agenda Item Request Form 7.J Consent Bids and Purchases 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Resolution No. R25-212- Approving increasing the expenditure for NMS Management Services from $45,000 to an amount not to exceed $70,000. Requested Action: Staff recommends approval of Proposed Resolution No. R25-212. Explanation of Request: NMS Management Services provides essential employee drug testing services for the City, including pre-employment screening, random drug testing, and after-hours post-accident testing for Fire Rescue and Police Department personnel. Additionally, they manage DOT-compliant testing and reporting requirements. Based on current and projected usage levels, an increase to the existing Purchase Order is necessary to ensure uninterrupted services for safety-sensitive positions and compliance with applicable regulations. This purchase qualifies for procurement under the exclusion for Medical Services as outlined in the City’s Procurement Policy. How will this affect city programs or services? It will allow the City to maintain it's Drug Free Workplace Policy. Budgeted Item: Yes Account Line Item and Description: 522-1710-519-31.20- Professional Services/ Physician Exams Fiscal Impact: $25K budgeted item for professional services. Attachments: R25-212 Agenda_Item_3436- 2025_Resolution_for_NMS_Management_expenditure_increase.docx PO_250376_-_NMS_Management_Services_-_Req._88391__002_.pdf Change Order-250376.pdf COI 1651 RESOLUTION NO. R25-212 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING INCREASING THE EXPENDITURE FOR 2 NMS MANAGEMENT SERVICES FROM $45,000 TO AN AMOUNT NOT 3 TO EXCEED $70,000; AND FOR ALL OTHER PURPOSES. 4 5 WHEREAS, NMS Management Services provides essential employee drug testing services 6 for the City, including pre-employment screening, random drug testing, and after-hours post-7 accident testing for Fire Rescue and Police Department personnel. Additionally, they manage 8 DOT-compliant testing and reporting requirements; and 9 WHEREAS, the City and NMS Management Services entered into an Agreement for 10 employee drug testing services, and approved Purchase Order No. 250376 in an amount not to 11 exceed $35,000; and 12 WHEREAS, the City increased Purchase Order No. 250376 to an amount not to exceed 13 $45,000; and 14 WHEREAS, based on current and projected usage levels, the City desires to increase 15 Purchase Order No. 250376 to ensure uninterrupted services for safety-sensitive positions and 16 compliance with applicable regulations; and 17 WHEREAS, this purchase qualifies for procurement under the exclusion for Medical 18 Services as outlined in the City’s Procurement Policy; and 19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 20 best interests of the City's citizens and residents to approve increasing the expenditure for NMS 21 Management Services from $45,000 to an amount not to exceed $70,000. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24 BEACH, FLORIDA, THAT: 25 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption. 27 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 28 approve increasing the expenditure for NMS Management Services from $45,000 to an amount 29 not to exceed $70,000. 30 SECTION 3. This Resolution shall take effect in accordance with the law. 31 1652 RESOLUTION NO. R25-212 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 32 CITY OF BOYNTON BEACH, FLORIDA 33 YES NO 34 Mayor – Rebecca Shelton _____ _____ 35 36 Vice Mayor – Woodrow L. Hay _____ _____ 37 38 Commissioner – Angela Cruz _____ _____ 39 40 Commissioner – Thomas Turkin _____ _____ 41 42 Commissioner – Aimee Kelley _____ _____ 43 44 VOTE ______ 45 ATTEST: 46 47 _____________________________ ______________________________ 48 Maylee De Jesús, MPA, MMC Rebecca Shelton 49 City Clerk Mayor 50 51 APPROVED AS TO FORM: 52 (Corporate Seal) 53 54 _______________________________ 55 Shawna G. Lamb 56 City Attorney 57 1653 1654 FINANCE/PROCUREMENT BLANKET PURCHASE ORDER REQUEST FORM Date: 9/25/2024 Fiscal Year 24 -25 ---------- 2023-2024 PO #: 241056 Requesting Department: Risk Management Contact Person: Morgan Chaloupka Explanation for Purchase / Change Order: Risk Management will use this PO for the cost of after hours and monthly random drug testing completed by NMS to comply with the drug free workplace policy and various union contracts. Per the Purchasing policy Medical services are exemption from the competitive process under IV. number 7. (page 15) Recommended Vendor !Request Amount: $ NMS Management Services Inc. 35,000.00 Source for Purchase (attach backup materials/bids/quotes and/or sole source letters)□City of Boynton Beach Contract # Ostate Contract# □GSA* □PRIDE/RESPECT* VENDOR# 18274 □SNAPS* □SOLE SOURCE (requires Fonn & Leiter from Manufacturer) □Piggy-Back* □Agency □BID* _____________________ _ □Less than $5,000 (1 quote-incl in explanation) Change Order (attach backup materials/bids/ or quotes) Commission Approved Annual Expenditure ------□INCREASE to Original PO # □INCREASE to Original Blanket PO # Increase Amount: Original PO Amt: ------PO Amt w/Prior Change Orders: ------New PO Total: D$5,000-$49,999.00 (3 written quotes-attached) Date Commission Approved change Order □DECREASE to Original PO#□DECREASE to Original Blanket PO# Decrease Amount: Original PO Amt: PO Amt w/Prior Change Orders: New PO Total: Fund Source: (confirm funds are available prior to sending to Purchasing) Uem Description Professional Services/Physician Exams Approvals: Department Head/Designee Finance Director Account No. 522-1710-519-31-20 Budgeted Amt. $80,000.00 $ $ $ Date Date --------- ------------------ Est. Annual E,cpenditure. $ $ $ $ Revised 7/3/23 Req. 88391 11/05/2024 PO 250376 1655 Peter V Kajokas CPA, MBA Director of Finance11/05/20241656 1657 1658 1659 1660 1661 1662 1663 1664 1665 1666 1667 1668 1669 1670 1671 1672 /0550&9$&&% &9&.15 Alan Lawson Digitally signed by Alan Lawson Date: 2025.05.16 17:23:38 -04'00' 1673 1674 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 1685 1686 1687 1688 1689 1690 1691 1692 WLTR005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 July 26, 2025 City of Boynton Beach Attn: City Manager 100 E OCEAN AVE BOYNTON BEACH FL 33435 Account Information: Policy Holder Details :NMS Management Services, Inc. Contact Us Need Help? Chat online or call us at (866) 467-8730. We're here Monday - Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder.Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team 1693 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/26/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH & MCLENNAN AGENCY LLC/PHS 20267416 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT NAME: PHONE (A/C, No, Ext): (866) 467-8730 FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED NMS Management Services, Inc. PO Box 5447 LAKE WORTH FL 33466 INSURER A : Hartford Underwriters Insurance Company 30104 INSURER B : Hartford Casualty Insurance Company 29424 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/Y YYY) LIMITS A COMMERCIAL GENERAL LIABILITY X 20 SBM AU1F46 10/03/2024 10/03/2025 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence)$1,000,000 X General Liability MED EXP (Any one person)$10,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $4,000,000 X POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY 20 SBM AU1F46 10/03/2024 10/03/2025 COMBINED SINGLE LIMIT (Ea accident)$2,000,000 ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS- MADE 20 SBM AU1F46 10/03/2024 10/03/2025 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 DED RETENTION $ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A 20 WEC AU1G1P 10/03/2024 10/03/2025 X PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 A Data Breach - Defense & Liab Covg 20 SBM AU1F46 10/03/2024 10/03/2025 Limit $50,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Certificate holder is an additional insured per the Business Liability Coverage Form SL3032 attached to this policy. CERTIFICATE HOLDER CANCELLATION City of Boynton Beach Attn: City Manager 100 E OCEAN AVE BOYNTON BEACH FL 33435 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD 1694 City of Boynton Beach Agenda Item Request Form 7.K Consent Bids and Purchases 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Resolution No. R25-213- Approve the trade-in of the City's existing 2008 SPH fire apparatus for $350,000 to Brindlee Mountain Fire Apparatus. The trade-in value will be applied directly to reduce the fiscal obligation of the new SPH100 unit currently on order from Sutphen Corporation. Requested Action: Staff recommends approval of Proposed Resolution No. R25-213. Explanation of Request: The City of Boynton Beach Fire Rescue Department is in the final stages of receiving a new Sutphen SPH100 aerial apparatus, which was procured under a prior purchase order (PO# 230926). Since that time, the City has negotiated a trade-in arrangement to offset a portion of the cost of the new unit. Sutphen Corporation has issued a revised proposal reflecting a $350,000 trade-in credit for the City’s existing 2008 SPH apparatus. This offer, provided through Brindlee Mountain Fire Apparatus, represents a cost-saving opportunity and will be applied directly to reduce the final purchase price of the new unit. Payment will be made by Brindlee Mountain Fire Apparatus directly to Sutphen Corporation. This trade-in would fall under the procurement exemption of single-source. This trade-in arrangement was not part of the original purchase quote but was pursued to maximize asset value and reduce the City’s financial obligation. Final acceptance of the trade- in offer is contingent upon the City providing current pump and aerial certifications, as well as other required documentation, prior to releasing the unit. How will this affect city programs or services? To facilitate a seamless transition and prevent operational disruptions, the existing unit will remain in service until approximately 30 days before delivery of the new apparatus. Budgeted Item: Yes Account Line Item and Description: Vehicle Purchases- Fire Department 501-2516- 519.64-33 Fiscal Impact: This is a budgeted item. Attachments: R25-213 Agenda_Item_3438-2025_Resolution_for_vehicle_trade_in.docx 1695 Exhibit A to Resolution - BOYNTON BEACH SPH REVISED PROPOSAL.pdf PO 230926.pdf 1696 RESOLUTION NO. R25-213 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE TRADE-IN OF THE CITY’S EXISTING 2 2008 SPH FIRE APPARATUS FOR $350,000 TO BRINDLEE MOUNTAIN 3 FIRE APPARATUS, AND APPROVING THE REVISED PROPOSAL 4 REFLECTING A $350,000 TRADE-IN CREDIT FOR THE CITY’S EXISTING 5 2008 SPH APPARATUS; AND FOR ALL OTHER PURPOSES. 6 7 8 WHEREAS, the City of Boynton Beach Fire Rescue Department is in the final stages of 9 receiving a new Sutphen SPH100 aerial apparatus procured under Purchase Order No. 230926. 10 Since that time, the City has negotiated a trade-in arrangement to offset a portion of the cost of 11 the new unit; and 12 WHEREAS, Sutphen Corporation has issued a revised proposal reflecting a $350,000 13 trade-in credit for the City’s existing 2008 SPH apparatus. This offer, provided through Brindlee 14 Mountain Fire Apparatus, represents a cost-saving opportunity and will be applied directly to 15 reduce the final purchase price of the new unit. Payment will be made by Brindlee Mountain Fire 16 Apparatus directly to Sutphen Corporation; and 17 WHEREAS, this trade-in arrangement was not part of the original purchase quote but was 18 pursued to maximize asset value and reduce the City’s financial obligation. Final acceptance of 19 the trade-in offer is contingent upon the City providing current pump and aerial certifications, as 20 well as other required documentation, prior to releasing the unit; and 21 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 22 best interests of the City's citizens and residents to approve the trade-in of the City’s existing 2008 23 SPH fire apparatus for $350,000 to Brindlee Mountain Fire Apparatus, and approve the revised 24 proposal reflecting a $350,000 trade-in credit for the City’s existing 2008 SPH apparatus. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 BEACH, FLORIDA, THAT: 28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption. 30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 31 1697 RESOLUTION NO. R25-213 approve the trade-in of the City’s existing 2008 SPH fire apparatus for $350,000 to Brindlee 32 Mountain Fire Apparatus, and approve the revised proposal reflecting a $350,000 trade-in credit 33 for the City’s existing 2008 SPH apparatus, as further detailed in Exhibit A, attached hereto. 34 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 35 authorizes the City Manager to execute any ancillary documents as may be necessary to 36 accomplish the purpose of this Resolution. 37 SECTION 4. This Resolution shall take effect in accordance with the law. 38 39 40 [SIGNATURES ON THE FOLLOWING PAGE] 41 42 1698 RESOLUTION NO. R25-213 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 43 CITY OF BOYNTON BEACH, FLORIDA 44 YES NO 45 Mayor – Rebecca Shelton _____ _____ 46 47 Vice Mayor – Woodrow L. Hay _____ _____ 48 49 Commissioner – Angela Cruz _____ _____ 50 51 Commissioner – Thomas Turkin _____ _____ 52 53 Commissioner – Aimee Kelley _____ _____ 54 55 VOTE ______ 56 ATTEST: 57 58 _____________________________ ______________________________ 59 Maylee De Jesús, MPA, MMC Rebecca Shelton 60 City Clerk Mayor 61 62 APPROVED AS TO FORM: 63 (Corporate Seal) 64 65 _______________________________ 66 Shawna G. Lamb 67 City Attorney 68 1699 REVISED PROPOSAL TO THE: Boynton Beach Fire 2080 High Ridge Road Boynton Beach, FL 33426 DATE: June 26, 2025 We hereby propose and agree to furnish the following firefighting equipment upon your acceptance of this Proposal and the Terms and Conditions there in: One (1) Sutphen Extreme Duty Custom SPH100 Aerial Ladder Truck Complete and Delivered for the Total Sum of .................................................... $ 1,905,892.84 Trade in to Brindlee Mountain of 2008 SPH 100………………………..$ -350,000.00 Final Cost at Delivery ………………………………………………………………..$ 1,555,892.84 ** Cost based on Sourcewell Contract # 113021 The apparatus and equipment was purchased with PO# 230926 dated January 27, 2023 and shall be completed within approximately 29-31 months as stated in original proposal. This Revised Proposal shall be valid once the contract with Brindlee Moutain is completed. Respectfully submitted, Guy Lombardo South Florida Emergency Vehicles Authorized Representative for Sutphen Corporation 573-216-2562 1700 1701 1702 1703 1704 City of Boynton Beach Agenda Item Request Form 7.L Consent Bids and Purchases 08/ 5/2025 Meeting Date: 08/ 5/2025 Approve the annual expenditure and authorize the Mayor to sign the renewal amendments for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in Exhibit A for August 5, 2025 - "Request for Extensions and/or Piggybacks." Requested Action: Staff recommends approval. Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as a result of formal solicitations; and requests to piggyback governmental contracts. Options to extend or renew are noted in the “Agenda Request Item” presented to the Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in Exhibit A (as required). VENDOR(S) DESCRIPTION OF SOLICITATION SOLICITATION NUMBER RENEWAL TERM AMOUNT Allied Universal Corporation Bulk Purchase and Delivery of Sodium Hypochlorite Piggyback City of Fort Lauderdale Co-op Bid Contract # 139 – Resolution CAM#26-0653 City of Boynton Beach Contract # UTL23-065 August 31, 2025 - September 30, 2025 Annual Estimated Expenditure $892,500.00 Fortline Inc.; Core & Main Annual Supply for Brass Fittings and Accessories City of Boynton Beach Bid/Contract # WH22-047 October 17, 2025 - October 16, 2026 Annual Estimated Expenditure $350,000.00 1705 Fortline Inc.; Core & Main Annual Supply for Pipe Fittings and Accessories City of Boynton Beach Bid/Contract #WH22-048 October 5, 2025 - October 4, 2026 Annual Estimated Expenditure $350,000.00 Sunset Sod, Inc.; Odums Sod, Inc. ; Mullings Engineering Services Sod and Sod Installation Services City of Boynton Beach Bid No. CW22-027 - SE FL Co-op NIGP October 1, 2025 - September 30, 2026 Annual Estimated Expenditure $150,000.00 How will this affect city programs or services? The renewal amendment(s) will be used for those solicitations, contracts/agreements, and piggybacks that are renewed/extended with the same terms and conditions as the initial award. Budgeted Item: Yes Account Line Item and Description: See Attached Amendment Requests for Bid Extensions and Piggyback- Exhibit A. Fiscal Impact: Funds have been budgeted under line items as noted in the attached- Exhibit A. Attachments: AMENDMENT REQUEST FOR BID EXTENSIONS July 15 2025 Report - Exhibit A.docx Allied Extension Co-op Contract Event 139-Sodium Hypochlorite - (Additional 90 Day).pdf Core & Main (Yes).pdf Fortiline (Yes).pdf Core and Main (Yes).pdf Fortiline (Yes).pdf Mullings Engineering Services - 2nd Amenment to Renew 2025-2026 - Signed.pdf Odums Sod Inc - 2nd Amendment to Renew 2025-2026 - Signed.pdf Sunset Sod Inc - 2nd Amendment to Renew 2025-2026 - signed.pdf 1706 CITY OF BOYNTON BEACH AMENDMENT REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS July 15, 2025 REQUESTING DEPARTMENT: Fire Rescue DEPARTMENT CONTACT: Hugh Bruder TERM: July 6, 2025, to July 5, 2026 SOURCE FOR PURCHASE: City of Boynton Beach Agreement No. PD22-042 for Fire First Responders Support Services to the Police and Fire for Clinical Consultation Services ACCOUNT NUMBER: 001-2210-522.48-20 = $78,750.00 103-2110-521.48-22 = $78,750.00 VENDOR(S): Command Counseling Center, LLC ANNUAL ESTIMATE: $157,500.00 DESCRIPTION: On June 21, 2022, City Commission approved by Resolution R22-095, authorizing the City Manager to sign a three (3) year agreement with Command Counseling Center, LLC of Wellington, FL, for First Responders Support Services with a not-to- exceed $150,000 per year. The initial agreement term was for three (3) years with an option to renew the agreement for three (3) one-year renewals. The Vendor has agreed to amend the Agreement and renew for a one-year period from July 6, 2025, through July 5, 2026. Staff is requesting to increase the annual expenditure from $150,000 to $157,500 and the approval and authorization for the Mayor to sign Amendment No. 1 to renew the Agreement. REQUESTING DEPARTMENT: Warehouse DEPARTMENT CONTACT: Mike Dauta TERM: July 3, 2025, to July 2, 2026 SOURCE FOR PURCHASE: City of Boynton Beach Bid No. WH24-049 for Annual Supply of Miscellaneous Uniforms, Including Embroidery and Silk Screening ACCOUNT NUMBER: 502-0000-141.01-00 VENDOR(S): Empire Printing, Pride Uniforms, and SP Designs ANNUAL ESTIMATE: $110,000.00 DESCRIPTION: On July 8, 2024, Commission approved Bid No. WH24-049 by Resolution R24-144 for Annual Supply of Miscellaneous Uniforms, including Embroidery and Silk Screening, awarding four (4) vendors, Empire Printing, Pride Uniforms, and SP Designs. The initial agreement was for one (1) year with three (3) one-year renewals. All vendors have agreed to amend the Agreement and renew for a one-year period from July 3, 2025, through July 2, 2026. Staff is requesting approval to renew the Agreement. REQUESTING DEPARTMENT: Development Services DEPARTMENT CONTACT: Vilmar Villafane TERM: October 17, 2025, to October 16, 2026 SOURCE FOR PURCHASE: City of Boynton Beach Request for Quote Agreement No. DEV23-056R for Administrator of Record for Abandoned, Foreclosed, Vacant Properties 1707 ACCOUNT NUMBER: 001-0000-342.92-00 VENDOR(S): Hera Property Registry, LLC ANNUAL ESTIMATE: Revenue Generating DESCRIPTION: On October 17, 2023, Commission authorized the City Manager to sign a revenue-generating Agreement No. DEV23-056R with Hera Property Registry, LLC of Melbourne, FL as a Single Source consultant by Resolution R23-143 for the Administrator of Record for Abandoned, Foreclosed, Vacant Properties within the City. The initial term of the agreement was for a two (2) year term, with the option to renew for three (3) one-year terms. The vendors have agreed to amend the Agreement and renew for a one-year period from October 17, 2025, through October 16, 2026. Staff is requesting approval of the amendment to renew the Agreement. REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Keith Webber TERM: September 8, 2025, to September 7, 2026 SOURCE FOR PURCHASE: City of Boynton Beach RFQ No. UTL22-014 for Professional Survey & Mapping Services ACCOUNT NUMBER: Various Accounts (Citywide Contract) VENDOR(S): Avirom and Associates, Inc.; Caulfield & Wheeler, Inc.; Engenuity Group, Inc.; Whidden Survey and Mapping Inc. ANNUAL ESTIMATE: Various Account (Citywide) DESCRIPTION: On September 8, 2022, Commission approved and authorized the City Manager to sign individual agreements with four (4) firms: Avirom and Associates, Inc., Caulfield & Wheeler, Inc., Engenuity Group, Inc., and Whidden Survey and Mapping Inc. by Resolution R22-121. The initial term of the agreement was for a three (3) year term, with the option to renew for two (2) one-year terms. The vendors have agreed to amend the Agreement and renew for a one-year period from September 8, 2025, through September 7, 2026. Staff is requesting approval of the amendment to renew the Agreement. REQUESTING DEPARTMENT: PUBLIC WORKS – PARKS & GROUNDS DEPARTMENT CONTACT: Maurice Permenter TERM: October 1, 2025, to September 30, 2026 SOURCE FOR PURCHASE: City of Boynton Beach Bid No. CW22-027 – Sod and Sod installation – SE FL Co-Op ACCOUNT NUMBER(S): 001-2730-572.46-98 VENDOR(S): Sunset Sod Inc.; Mullings Engineering Services; Odums Sod, Inc. ANNUAL ESTIMATE: $150,000 DESCRIPTION: On September 8, 2022, City Commission awarded Bid No. CW22-027 for Sod and Sod Installation Services to four (4) vendors. Three (3) vendors remain under contract with the City of Boynton Beach (Sunset Sod, Inc.; Mullings Engineering Services; & Odums Sod Inc). The Bid has three (3) additional one -year renewal options. This will be the 2nd renewal and the three (3) vendors have agreed to renew the agreement for the one-year renewal of October 1, 2025, through September 30, 2026. 1708 City of Fort Lauderdale • Procurement Services Division 100 N. Andrews Avenue, 619 • Fort Lauderdale, Florida 33301 954-828-5933 Fax 954-828-5576 www.fortlauderdale.gov Approved by Chief Procurement Officer, Glenn Marcos Uncontrolled in hard copy unless otherwise marked June 11, 2025 Allied Universal Corporation Attention: Robert Namoff or Authorized Signor 3901 NW 115 Avenue Miami, FL 33178 Email: Bids@Allieduniversal.com; newells@allieduniversal.com RE: INFOR No. 497 (Event No. 139); Sodium Hypochlorite (Co-Op) Contract Extension (Additional 90 Days) Dear Mr. Robert Namoff or Authorized Signor, The above contract will expire on August 31, 2025. The “City of Fort Lauderdale Procurement Ordinance” Sec. 2-178. –Organization. (c), (13) states: “…The Chief Procurement Officer shall have the authority to extend an existing contract for the necessary time period with prorated dollar authorization, provided such extension in no event shall exceed two hundred seventy (270) days following the expiration of the contract.” Accordingly, the Chief Procurement Officer is extending this contract on a month-to- month basis for up to ninety (90) days effective September 1, 2025. The new expiration date will be November 29, 2025. If you have any questions, please contact Stefan Mohammed, Senior Procurement Specialist at (954) 828-5351 or email Smohammed@fortlauderdale.gov. Sincerely, ______________________ Glenn Marcos, CPPO, CPPB, FCPM, FCPA Chief Procurement Officer/Assistant Finance Director- Procurement and Contracts On behalf of: 1709 1710 1711 The City of Boynton Beach America’s Gateway to the Gulfstream Finance/Procurement Services 100 EasT Ocean Ave P.O. Box 310 Boynton Beach, Florida 33435 Telephone No: (561) 742-6310 FAX: (561) 742-6316 July 1, 2025 Fortiline, Inc. 5759 White Drive Riviera Beach, FL. 33407 BID NAME: “ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIES” BID # WH22-048 To whom it may concern: The above referenced bid will expire 10-4-25. The bid contains an option for renewal. Therefore, the City of Boynton Beach would like to renew the existing bid under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Division Director, Materials and Distribution, at dautam@bbfl.us. We look forward to continue working with you. If you agree, we will go to Commission for approval. If you should have any questions, please feel free to email Michael Dauta, Division Director, Materials and Distribution at dautam@bbfl.us. Thank you. 1712 1713 1714 1715 The City of Boynton Beach America’s Gateway to the Gulfstream Finance/Procurement Services 100 EasT Ocean Ave P.O. Box 310 Boynton Beach, Florida 33435 Telephone No: (561) 742-6310 FAX: (561) 742-6316 July 1, 2025 Fortiline, Inc. 5759 White Drive Riviera Beach, FL. 33407 BID NAME: “ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES” BID # WH22-047 To whom it may concern: The above referenced bid will expire 10-16-25. The bid contains an option for renewal. Therefore, the City of Boynton Beach would like to renew the existing bid under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Division Director, Materials and Distribution, at dautam@bbfl.us. We look forward to continue working with you. If you agree, we will go to Commission for approval. If you should have any questions, please feel free to email Michael Dauta, Division Director, Materials and Distribution at dautam@bbfl.us. Thank you 1716 1717 1718 1719 1720 1721 1722 1723 1724 1725 2 Amendment to Contract No. CW22-027 Sunset Sod, Inc Page 1 of 4 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SUNSET SOD, INC. FOR SOD AND SOD INSTALLATION SERVICES This Second Amendment (“Amendment”) is entered into by and between the City of Boynton Beach, a Florida municipal corporation (“City”), and Sunset Sod, Inc., a corporation registered to transact business in the State of Florida (“Vendor”) (collectively referred to as the “Parties”). RECITALS A. On September 8, 2022, the Parties entered into Contract No. CW22-027 (the “Agreement”) for Sod and Sod Installations. B. The Parties desire to amend the Agreement to renew the Agreement for a one (1) one-year term. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, City and Vendor agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. The Agreement is hereby amended as follows: Term Extension. The Parties hereby exercise the second one-year renewal option. The Agreement is therefore renewed to continue from October 1, 2025, through September 30, 2026. No Change in the Award Amount. 4. In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not included in the Agreement as amended in this Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 1726 2 Amendment to Contract No. CW22-027 Sunset Sod, Inc Page 2 of 4 5. Vendor acknowledges that through the date this Amendment is executed by Vendor, Vendor has no claims or disputes against City concerning any of the matters covered by the Agreement. 6. The following new sections are added to the Agreement as follows: (a) Discriminatory Vendor and Scrutinized Companies List; Countries of Concern. Vendor represents that it has not been placed on the “discriminatory vendor list” as provided in Section 287.134, Florida Statutes, and that it is not a “scrutinized company” pursuant to Sections 215.473 or 215.4725, Florida Statutes. Vendor represents and certifies that it is not, and for the duration of the term of the Agreement, will not be ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Vendor represents that it is, and for the duration of the term of the Agreement will remain, in compliance with Section 286.101, Florida Statutes. (b) Public Entity Crime Act. Vendor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Vendor further represents that there has been no determination that it committed a “public entity crime” as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a “public entity crime” regardless of the amount of money involved or whether Vendor has been placed on the convicted vendor list. (c) Verification of Employment Eligibility. Vendor represents that Vendor and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Vendor violates this section, City may immediately terminate this Agreement for cause, and Vendor shall be liable for all costs incurred by City due to the termination. (d) Prohibited Telecommunications Equipment. Vendor represents and certifies that Vendor and all subcontractors do not use 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, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that Vendor and all subcontractors shall not provide or use such covered telecommunications equipment, system, or services during the duration of the term of the Agreement. (e) Entities of Foreign Concern. The provisions of this section apply only if Vendor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of 1727 2 Amendment to Contract No. CW22-027 Sunset Sod, Inc Page 3 of 4 concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the effective date of this Amendment, Vendor and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice for payment purposes. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. (f) Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by City, nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. (g) Anti-Human Trafficking. On or before the Effective Date of this Amendment, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. (h) 7. The effective date of this Amendment shall be the date of complete execution by the Parties. 8. This Amendment may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) 1728 2 Amendment to Contract No. CW22-027 Sunset Sod, Inc Page 4 of 4 CITY CITY OF BOYNTON BEACH By____________________________ Rebecca Shelton, City Mayor ____ day of ______________, 202__ Attest:_________________________ City Clerk CITY ATTORNEY’S OFFICE Approved as to form and legality By:____________________________ VENDOR Sunset Sod, Inc. By_______________________ Authorized Signer _______________________ Print Name and Title _____ day of ______________, 202___ 1729 City of Boynton Beach Agenda Item Request Form 8.A Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Ordinance No. 25-010- Second Reading, an Ordinance of the City of Boynton Beach, Florida, amending Code of Ordinances Part III, Land Development Regulations, Chapter 2, Land Development Process, Article VI, Impact and Selected Fees, and providing an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-010, on Second reading. Explanation of Request: The proposed amendment clarifies which development projects are subject to the mobility fee by changing the triggering language from "applications submitted on" to "permits issued on." This ensures that the mobility fee applies only to development permits issued on or after May 20, 2025, rather than to any application submitted before that date. This approach provides consistency and fairness by aligning the application of the mobility fee with the point at which a project is formally approved to proceed—when it will generate new travel demand. Additionally, this change aligns the mobility fee process with the City’s treatment of all other impact fees, which are assessed and collected at the time of permit issuance. This consistency improves administrative efficiency and provides a clear, predictable process for applicants and staff. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: None. Attachments: Ord. 25-010 Agenda_Item_3321- 2025_Ordinance_to_Amend_Land_Development_Process__Impact_and_Selected_Fees (1).docx LDR Amendment.pdf 1730 3321-2025 Business Impact Statement.pdf 1731 Page 1 of 3 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-010 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 AMENDING CODE OF ORDINANCES PART III, LAND DEVELOPMENT 4 REGULATIONS, CHAPTER 2, LAND DEVELOPMENT PROCESS, ARTICLE 5 VI, IMPACT AND SELECTED FEES, AND PROVIDING AN EFFECTIVE 6 DATE. 7 8 WHEREAS, the City Commission desires to amend the mobility fee process pertaining 9 to impact and selected fees under the land development process, specifically to clarify which 10 development projects are subject to the mobility fee by updating triggering language in the 11 applicable section of the Code of Ordinances; and 12 WHEREAS, the City Commission finds that changing the triggering language in 13 Section 10. C of Part III, Land Development Regulations, Chapter 2, Land Development Process, 14 Article VI, Impact and Selected Fees from “applications submitted on” to “permits issued on” 15 will ensure that the appropriate mobility fee applies only to development permits issued on 16 or after May 20, 2025, rather than to any application submitted before that date; and 17 WHEREAS, the proposed change will provide consistency and fairness by aligning the 18 application of the mobility fee with the point at which a project is formally approved to 19 proceed, which will thus generate new travel demand; and 20 1732 Page 2 of 3 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, staff has determined that the proposed change will align the mobility fee 21 process with the City’s treatment of all other impact fees, which are assessed and collected at 22 the time of permit issuance; and 23 WHEREAS, this will improve administrative efficiency and provide a clear, predictable 24 process for applicants and staff. 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA THAT: 27 Section 1. The foregoing “Whereas” clauses are true and correct and incorporated 28 herein by this reference. 29 Section 2. Chapter 2 “Land Development Process,” Article VI “Impact and Selected 30 Fees,” Section 10. C “Mobility Fees” is hereby amended to read as follows 31 Sec. 10. Mobility Fees 32 C. Mobility Fee Imposition. The mobility fee imposed by this section shall 33 apply to new applications for development permits submitted issued on or 34 after May 20, 2025, for future development that results in an increase in person 35 travel demand above and beyond the current use of property. 36 37 Section 3. It is the intention of the City Commission of the City of Boynton Beach, 38 and it is hereby ordained that the provisions of this Ordinance shall become and be made a 39 part of the Code and Ordinances of the City of Boynton Beach, Florida. 40 1733 Page 3 of 3 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 4. This Ordinance shall take effect immediately upon passage. 41 FIRST READING this ____ day of __________, 2025. 42 43 SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2025. 44 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 Mayor – Rebecca Shelton _____ _____ 48 49 Vice Mayor – Woodrow L. Hay _____ _____ 50 51 Commissioner – Angela Cruz _____ _____ 52 53 Commissioner – Thomas Turkin _____ _____ 54 55 Commissioner – Aimee Kelley _____ _____ 56 57 VOTE ______ 58 ATTEST: 59 60 _____________________________ ______________________________ 61 Maylee De Jesús, MPA, MMC Rebecca Shelton 62 City Clerk Mayor 63 64 APPROVED AS TO FORM: 65 (Corporate Seal) 66 67 _______________________________ 68 Shawna G. Lamb 69 City Attorney 70 71 1734 PART III. LAND DEVELOPMENT REGULATIONS … CHAPTER 2. LAND DEVELOPMENT PROCESS … ARTICLE VI. IMPACT AND SELECTED FEES … Sec. 10. Mobility Fees C. Mobility Fee Imposition. The mobility fee imposed by this section shall apply to new applications for development permits submitted issued on or after May 20, 2025, for future development that results in an increase in person travel demand above and beyond the current use of property. 1735 Page 1 of 2 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CODE OF ORDINANCES PART III, LAND DEVELOPMENT REGULATIONS, CHAPTER 2, LAND DEVELOPMENT PROCESS, ARTICLE VI, IMPACT AND SELECTED FEES, AND PROVIDING AN EFFECTIVE DATE. 1736 Page 2 of 2 In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): See Above. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: 4. Additional information the governing body deems useful (if any): 1737 City of Boynton Beach Agenda Item Request Form 9.A City Manager’s Report 08/ 5/2025 Meeting Date: 08/ 5/2025 Discussion of comprehensive updates to municipal parking regulations and comparative analysis with various municipalities located in Palm Beach County. Requested Action: Provide direction to staff regarding proposed amendments or additions to the City Code related to stopping, standing, parking, and storage prohibitions, with consideration of adopting enhanced standards similar to those implemented by various municipalities located in Palm Beach County. Explanation of Request: The City's current parking regulations under Section 14-5 have not been comprehensively updated since 2004. Staff has conducted a comparative analysis of Boynton Beach's parking standards against various municipalities located in Palm Beach County to identify potential improvements and modernization opportunities. How will this affect city programs or services? TBD Account Line Item and Description: NA Fiscal Impact: TBD Attachments: Traffic 14-5 Stopping standing parking or storage prohibited in specfic places.docx 1738 Sec. 14-5. Stopping, standing, parking, or storage prohibited in specified places. (a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: (1) Stopping, standing, parking, or storage of a vehicle: a. On the roadway side of any vehicle stopped or parked at the edge or curb of a street. b. On a sidewalk. c. Within an intersection. d. On a crosswalk. e. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings. f. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic. g. Upon any bridge or other elevated structure. h. On any railroad tracks. i. On a bicycle path. j. At any place where official traffic control devices prohibit stopping. (2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: a. In front of a public or private driveway. b. Within fifteen (15) feet of a fire hydrant. c. Within twenty (20) feet of a crosswalk at an intersection. d. Within thirty (30) feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway. e. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of such entrance (when property signposted). f. On an exclusive bicycle lane. g. At any place where official traffic control devices prohibit standing. 1739 (3) Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers: a. Within fifty (50) feet of the nearest rail of a railroad crossing, unless the city establishes a different distance due to unusual circumstances. b. At any place where official signs prohibit parking. (4) No vehicle can be stored on the public right-of-way. A vehicle shall be considered stored, as opposed to parked, when the vehicle is not operated and moved, for a minimum of one-half hour, at least once during a 36-hour period. (5) No vehicle can be parked or stored on the public right-of-way for any period of time unless the front, rear, and side reflectors and the license plate are visible. (6) Stand or park a vehicle, whether occupied or not, in a designated parking space on or along any street, roadway, or right-of-way under the jurisdiction of the Florida Department of Transportation in contravention to the parking restrictions set forth in any general use permit issued to the city by the Florida Department of Transportation. A general use permit authorizes the city to restrict the hours of continuous parking along a designated street, roadway or right-of-way, and to install and maintain signage specifying the continuous parking restriction, the hours in which the restriction is applicable, and the street, roadway, or right-of-way on which the restriction is applicable. Signage in accordance with this section and general use permit shall be conspicuously posted identifying the restricted parking zone and the hours in which the restricted parking is applicable. (b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful. (Ord. No. 89-3, § 2, 2-21-89; Ord. No. 03-057, § 2, 11-5-03; Ord. No. 04-089, § 1, 11-3-04) 1740 City of Boynton Beach Agenda Item Request Form 10.A Regular Agenda 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Ordinance No. 25-006- First Reading, An Ordinance of the City Commission of the City Of Boynton Beach, Florida, Amending Part II, Chapter 27, Article I, Section 27-2 "Board or Committee Member Selection; Organization; Qualifications; Term," establishing limited authority to waive certain appointment requirements; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. Requested Action: This item was tabled at the May 6, 2025 City Commission Meeting. Staff recommends approval of Proposed Ordinance No. 25-006, on first reading. Explanation of Request: The City Commission desires to have the ability to waive board or committee member selection, qualification, and term limit requirements on an as-needed basis when it is determined to be in the best interest of the City. How will this affect city programs or services? Allows the City Commission the flexibility to appoint the most qualified and suitable individuals to serve on its boards and committees. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Ord. 25-006 Ordinance_Board_or_committee_member_selection__organization__qualifications__term_- _Final (3).docx business-impact-estimate-_Board or committee member waiver.docx Ordinance Advisory Board Waivers.pptx 1741 Page 1 of 5 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-0061 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 27, 4 ARTICLE I, SECTION 27-2 “BOARD OR COMMITTEE MEMBER 5 SELECTION; ORGANIZATION; QUALIFICATIONS; TERM,” 6 ESTABLISHING LIMITED AUTHORITY TO WAIVE CERTAIN 7 APPOINTMENT REQUIREMENTS; PROVIDING FOR CODIFICATION; 8 PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;9 AND PROVIDING FOR AN EFFECTIVE DATE.10 11 WHEREAS, Part II “Code of Ordinances,” Chapter 27 “Advisory Boards and Committees,” 12 Article I “In General,” Section 27-2 “Board or Committee Member Selection; Organization; 13 Qualifications; Term” of the City’s Code of Ordinances currently establishes specific requirements for 14 board and committee member selection, organization, qualifications, and terms; and15 WHEREAS, the City Commission recognizes that strict adherence to these requirements may, in 16 certain circumstances, limit the City’s ability to appoint the most qualified and suitable individuals to serve 17 on its boards and committees; and 18 WHEREAS,the City Commission has determined that limited authority to waive certain 19 requirements, including residency requirements, term limits, and certain qualification requirements, would 20 serve the best interest of the City; and21 WHEREAS, such waiver authority would allow the City Commission to consider exceptional 22 candidates who may bring valuable expertise, experience, and perspective to City boards and committees 23 despite not meeting all standard requirements; and24 WHEREAS, the City Commission has determined that this amendment serves the public health, 25 safety, and welfare of the citizens of the City of Boynton Beach; and,26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 27 OF BOYNTON BEACH, FLORIDA:28 1742 Page 2 of 5 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 1:The foregoing “WHEREAS” clauses are hereby ratified as being true and correct 29 and are hereby made a specific part of this Ordinance upon adoption hereof.30 Section 2:Part II, Chapter 27, Article I, Section 27-2 “Board or Committee Member 31 Selection; Organization; Qualifications; Term” is hereby amended to read as follows:32 Sec. 27-2. Board or committee member selection; organization; qualifications; term.33 …34 (f) Qualifications. Members and alternate members serving on advisory boards and committees shall 35 possess sufficient knowledge, experience, judgment or background necessary to competently serve the 36 board or committee to which they are appointed. Members and alternate members must also meet any 37 specific qualification requirements for their advisory board. However, if finding such persons after diligent 38 effort is difficult or impossible, as determined by the city commission, persons having comparable or 39 equivalent qualifications may be appointed. This provision shall not be applicable to qualifications imposed 40 by state statute or other similar regulations. 41 (1) In order to qualify for appointment to and to serve as a member of any board or committee of the 42 city, an individual must be an elector of Palm Beach County, Florida.43 (2) In selecting individuals to serve on boards and committees of the city, preference shall be given to 44 individuals who are residents of the City of Boynton Beach; provided however, non-residents who own 45 property in the city, own a business within the city, or serve as an officer, director or manager of a business 46 located within the city may also qualify for appointment provided they possess qualifications or experience 47 required by the board or committee to which they are appointed; provided that residency within the City is 48 not required by ordinance or law. This provision shall not preclude the city commission from waiving the 49 1743 Page 3 of 5 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. residency requirement when a city-established board, committee, or commission requires unique 50 experience or qualifications. 51 (3) Individuals may not serve on more than one advisory board at a time.52 (g) Term limits.53 (1) No member or alternate member shall be appointed for more than two successive terms (original 54 term, plus one additional term). A member who has been appointed to fill an unexpired term shall remain 55 eligible to serve two full successive terms. This two-term limit may be waived upon a finding by the city 56 commission that a third or successive appointment is in the best public interest.57 (2) Upon completion of the maximum allowable two full terms of membership, no member or alternate 58 shall be eligible for reappointment to the same advisory board or committee for a period of one year, unless 59 otherwise waived by the city commission.60 (3) An individual who has served two successive terms as an alternate member may be eligible to serve 61 up to two additional successive terms as a regular member of the same advisory board or committee, upon 62 approval by the city commission. 63 …64 Section 3:Codification.It is the intention of the City Commission of the City of Boynton 65 Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of 66 the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of this Ordinance may 67 be renumbered, re-lettered and the word “Ordinance” may be changed to “Section,” “Article,” or such other 68 word or phrase in order to accomplish such intention. 69 Section 4:Severability.If any clause, section, or other part of this Ordinance shall be held 70 by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 71 1744 Page 4 of 5 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. part shall be considered as eliminated and in no way affect the validity of the other provisions of this 72 Ordinance.73 Section 5:Conflicts.All Ordinances or parts of Ordinances, Resolutions, or parts of 74 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict.75 Section 6:Effective Date.This Ordinance shall take effect immediately upon 76 passage.77 78 79 80 81 [SIGNATURES ON FOLLOWING PAGE]82 83 1745 Page 5 of 5 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of __________, 2025.84 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025.85 CITY OF BOYNTON BEACH, FLORIDA86 YES NO87 88 Mayor – Rebecca Shelton _____ _____89 90 Vice Mayor – Woodrow L. Hay _____ _____91 92 Commissioner – Angela Cruz _____ _____93 94 Commissioner – Thomas Turkin _____ _____95 96 Commissioner – Aimee Kelley _____ _____97 98 VOTE ______99 ATTEST:100 101 102 _____________________________103 Maylee DeJesús, MMC Rebecca Shelton104 City Clerk Mayor105 106 APPROVED AS TO FORM:107 (Corporate Seal)108 109 Shawna G. Lamb110 City Attorney111 1746 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐The proposed ordinance is required for compliance with Federal or State law or regulation; ☐The proposed ordinance relates to the issuance or refinancing of debt; ☐The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; 1 See Section 166.041(4)(c), Florida Statutes. An Ordinance of the City Commission of the City Of Boynton Beach, Florida, Amending Part II, Chapter 27, Article I, Section 27-2 "Board or Committee Member Selection; Organization; Qualifications; Term," establishing limited authority to waive certain appointment requirements; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. 1747 Page 2 of 3 ☐The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐The proposed ordinance is an emergency ordinance; ☐The ordinance relates to procurement; or ☐The proposed ordinance is enacted to implement the following: a.Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b.Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c.Section 553.73, Florida Statutes, relating to the Florida Building Code; or d.Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): Authorizes the City Commission to waive board or committee member selection, qualification, and term limit requirements on an as-needed basis when it is determined to be in the best interest of the City. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: 4. Additional information the governing body deems useful (if any): 1748 Page 3 of 3 NONE 1749 Advisory BoardWaivers By Ian Gregorchik Assistant City Attorney 1 1750 Current Board Qualifications Generally Looking through the requirements carefully,no board requires solely residency in the city. All boards follow the same general qualification pattern: Universal Residency Rule for All Boards Primary requirement:Must be an elector of Palm Beach County, Florida Preference system: First preference:Boynton Beach residents Alternative qualification:Non-residents may serve if they: Own property in the city, OR Own a business within the city, OR Serve as officer/director/manager of a business located in the city 2 1751 Exception noted:Some boards may require city residency "provided that residency within the City is not required by ordinance or law" - but no such ordinance or law requiring strict residency is mentioned for any of the boards. Lack of General Statewide Residency Requirement for Advisory Boards There is no provision in the Florida Statutes or Florida Administrative Code that universally requires members of municipal advisory boards to be residents of the city. For example,Rule 34-13.120, F.A.C., which addresses the Code of Ethics for public officers and employees, applies to members of advisory boards but does not impose residency requirements. Instead, it focuses on ethical obligations such as restrictions on gifts and conflicts of interest. 3 1752 ART ADVISORY BOARD Art Advisory Board - Closest to Residency Requirement The Art Advisory Board comes closest to a residency preference: Members must be "electors and residents of the City, OR owners of businesses located within the City." Limitation:No more than 2 members may be non-resident business owners. This means at least 5 of the 7 members should be city residents, but it still allows for business owners who don't live in the city. 4 1753 SUMMARY Every board uses the same flexible residency framework that prioritizes residents but allows qualified non-residents who have economic ties to the city. 5 1754 CHALLENGES WITH CURRENT FRAMEWORK Specialized boards (like Historic Preservation, which requires architects/historians, or Art Advisory, which needs artists) may have very few qualified residents in the city. When multiple restrictive requirements combine: Must be resident AND have specific credentials AND be available for multi-year commitment AND not serve on other boards AND comply with attendance requirements. This intersection often results in zero qualified candidates. 6 1755 PROPOSED CHANGES The proposed Ordinance amends Section 27- 2 of the Boynton Beach Code to provide the City Commission with limited waiver authority for certain advisory board appointment requirements.This creates flexibility to appoint highly qualified candidates who may not meet all standard requirements. 7 1756 REQUIREMENT WAIVER CONDITIONS Specific Qualifications When finding qualified persons is difficult/impossible (except where mandated by statute) Residency Requirements When board required unique experience/qualifications Multiple Board Prohibition At Commission discretion Two-Term Limit When third+ term is in the best public interest One-Year Waiting Period At Commission discretion 8 1757 QUESTIONS? 9 1758 City of Boynton Beach Agenda Item Request Form 10.B Regular Agenda 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Ordinance No. 25-011- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Chapter 2, Article III "Elections" of the City Code Ordinances, to re-title Section 2-42 to read "Candidate Requirements and Qualifications, Official Ballot, and Filing Fees" establishing qualifying requirements, modifying the number of petitions required to run for office, and the amount of the Campaign Filing Fee; and creating Section 2-48 entitled "Campaign Signs- Bonds, Penalties, and Financial Responsibility;" providing for codification; providing for severability; providing for conflicts; and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-011, on first reading. Explanation of Request: Section 2-42 of the City’s Code of Ordinances currently requires candidates to file a petition signed by at least twenty-five (25) duly qualified voters of the City and establishes a filing fee of twenty-five dollars ($25.00) for candidates seeking to appear on the official ballot for regular and special elections in the City. The City Commission has determined that an increase in the number of petitions required to qualify, and the filing fee is warranted to more accurately reflect the administrative costs incurred by the City in processing candidate applications and conducting elections. Article I, Section 3 of the City Charter establishes residency requirements for candidates running for the office of Mayor or City Commission; however, it does not establish verification requirements. The City Commission desires to clarify the documentation required to qualify for office within the City. The City seeks to ensure proper placement and timely removal of temporary campaign signs. The City Commission has studied filing fees and political sign bond fees charged by comparable municipalities in Palm Beach County and the State of Florida to ensure that any fees or penalties remain reasonable and do not create an undue burden to candidate participation. The City Commission finds that requiring personal financial responsibility for sign bonds and penalties serves the public interest by ensuring candidates maintain accountability for campaign signage compliance. 1759 How will this affect city programs or services? Establishes new requirements to run for Mayor or City Commissioner. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Ord. 25-011 Verification_Campaign_Filing_Fee_and_Sign_Bonds_7.28.2025_- _Revised__1_.docx business-impact-estimate-_Sign Bonds and Campaign Filing Fees.docx Ordinance Language Revisions - Ordinance No. 25-011 - Final.pptx 1760 ORDINANCE NO. 25-011 Page 1 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 2 BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE III 3 “ELECTIONS” OF THE CITY CODE ORDINANCES, TO RE-TITLE SECTION 4 2-42 TO READ “CANDIDATE REQUIREMENTS AND QUALIFICATIONS, 5 OFFICIAL BALLOT, AND FILING FEES” ESTABLISHING QUALIFYING 6 REQUIREMENTS, MODIFYING THE NUMBER OF PETITIONS REQUIRED 7 TO RUN FOR OFFICE, AND THE AMOUNT OF THE CAMPAIGN FILING 8 FEE; AND CREATING SECTION 2-48 ENTITLED “CAMPAIGN SIGNS – 9 BONDS, PENALTIES, AND FINANCIAL RESPONSIBILITY;” PROVIDING 10 FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 11 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, Section 2-42 of the City’s Code of Ordinances currently requires candidates 14 to file a petition signed by at least twenty-five (25) duly qualified voters of the City and establishes 15 a filing fee of twenty-five dollars ($25.00) for candidates seeking to appear on the official ballot 16 for regular and special elections in the City; and 17 WHEREAS, the number of petitions and filing fee amount have remained unchanged for 18 a significant period and no longer reflect the City’s current population or administrative costs 19 associated with elections; and 20 WHEREAS, the City Commission has determined that an increase in the number of 21 petitions required to qualify and the filing fee is warranted to more accurately reflect the 22 administrative costs incurred by the City in processing candidate applications and conducting 23 elections; and 24 1761 ORDINANCE NO. 25-011 Page 2 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, Article I, Section 3 of the City Charter establishes residency requirements for 25 candidates running for the office of Mayor or City Commission; however, it does not establish 26 verification requirements; and 27 WHEREAS, the City Commission desires to clarify the documentation required to qualify 28 for office within the City; and 29 WHEREAS, the City seeks to ensure proper placement and timely removal of temporary 30 campaign signs; and 31 WHEREAS, the City recognizes the importance of political speech protected by the First 32 Amendment while also recognizing the need for reasonable time, place, and manner restrictions 33 to serve significant governmental interests; and 34 WHEREAS, the City has a legitimate governmental interest in maintaining the aesthetic 35 appearance of the community, preventing visual clutter, and ensuring traffic safety; and 36 WHEREAS, the City Commission has studied filing fees and political sign bond fees 37 charged by comparable municipalities in Palm Beach County and the State of Florida to ensure 38 that any fees or penalties remain reasonable and do not create an undue burden to candidate 39 participation; and 40 WHEREAS, the City Commission finds that requiring personal financial responsibility for 41 sign bonds and penalties serves the public interest by ensuring candidates maintain accountability 42 for campaign signage compliance; and 43 1762 ORDINANCE NO. 25-011 Page 3 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the City Commission has determined that this amendment serves the public 44 health, safety, and welfare of the citizens of the City of Boynton Beach; and 45 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 46 BOYNTON BEACH, FLORIDA: 47 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 48 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 49 Section 2: Chapter 2, Article III, Section 2-42 “Official ballot, filing fees” of the City 50 Code of Ordinances is hereby re-named “Candidate Requirements and Qualifications, Official 51 Ballot, and Filing Fees,” and amended to read as follows: 52 Sec. 2-42. Candidate Requirements and Qualifications, Official ballot, and filing fees. 53 54 (a) Candidates for the Offices of Mayor and City Commission shall: 55 56 (1) Be registered and qualified electors of the City and at least 21 years of age at the time 57 of their qualifying as a candidate with the City Clerk; 58 59 (2) Have legally resided continuously within the City of Boynton Beach at least one year 60 prior to qualifying for the office. Positive and presumptive proof of legal residence 61 must be presented at the time the candidate qualifies. The documents presented to 62 the City Clerk shall include, but not be limited to, at least three of the following (as 63 applicable) demonstrating the candidate’s residency in the City for at least one year 64 continuously prior to qualifying for the office: (i) lease agreement(s); (ii) proof of home 65 ownership; (iii) driver's license and/or Florida identification card with a City of Boynton 66 Beach residential address; (iv) utility bills or other bills in the candidate's name; and/or 67 (v) copies of the candidates filed income tax returns; 68 69 (3) Provide a Voter's Registration Card with a City of Boynton Beach residential address 70 and precinct; and 71 72 1763 ORDINANCE NO. 25-011 Page 4 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (4) Be required to maintain an actual and continuous legal residence for the duration of 73 their term of office in the City. 74 75 (b) The City Commission shall prepare or cause to be prepared the official ballot for each 76 regular and special election of the Ccity. Each candidate for the Office of the City 77 Commission shall file a petition signed by at least twenty-five (25) fifty (50) duly qualified 78 voters of the City, and each Mayoral candidate shall file a petition signed by at least one 79 hundred (100) duly qualified voters of the City., and shall All candidates shall submit an 80 administrative filing fee of twenty-five dollars ($25.00) two percent (2%) of the salary of 81 the position being sought, in addition to any election assessment fee established by 82 section 99.093, Florida Statutes. Such fees will be waived if the candidate is exempt from 83 paying the election assessment under section 99.093, Florida Statutes. 84 85 (c) Completion of these requirements which will result in the appearance in alphabetical order 86 of the name of the particular candidate upon the official general election ballot. All such 87 filing fees collected shall be deposited into the general fund. None but the official ballot 88 shall be used. 89 90 Section 3: Chapter 2, Article III, Section 2-48 “Campaign Signs – Bonds, Penalties, and 91 Financial Responsibility” of the City Code of Ordinances is hereby created to read as follows: 92 Sec. 2-48. Campaign Signs – Bonds, Penalties, and Financial Responsibility. 93 (a) Definitions. 94 For purposes of this section, the following terms shall have the meanings indicated below: 95 (1) “Campaign sign” means any temporary sign erected, placed, or displayed on public or 96 commercial property for the purpose of influencing voter opinion in connection with any 97 City election, referendum, or political campaign. 98 (2) “Candidate” means any person who has qualified as a candidate for Mayor or the City 99 Commission or who has filed an intention to seek such office. 100 (3) “Personal account” means any financial account owned by the candidate as an 101 individual and not associated with or connected to any campaign account created under 102 Chapter 106, Florida Statutes. 103 104 1764 ORDINANCE NO. 25-011 Page 5 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (b) Sign Bond Requirement. 105 (1) Prior to the placement of any campaign signs within the City limits, each candidate shall 106 post a refundable sign bond in the amount of $500.00 with the City Clerk. 107 (2) The sign bond shall be paid by personal check, cashier's check, or money order drawn 108 from the candidate's personal account, not from any campaign account created under 109 Chapter 106, Florida Statutes. 110 (3) The candidate shall complete a Sign Bond Affidavit, on the form provided by the City 111 Clerk, certifying that the funds used for the sign bond are from the candidate's personal 112 account and not from any campaign account. 113 114 (c) Refund of Sign Bond and Penalties. 115 (1) Any violation or repeat violation of this article may be pursued by the community 116 standards division by any means available by law or equity. Any candidate or campaign 117 violating this section shall be issued a civil violation (citation) in the amount of $500.00 per 118 violation. After 24 hours' notice is given to the campaign treasurer or deputy treasurer, the 119 City may draw on the bond placed pursuant to this section towards the payment of any 120 delinquent penalties which are assessed by the City for any violations of the provisions 121 herein. 122 123 (2) The sign bond will be refunded in full to the candidate's personal account if: 124 a. All of the candidate's campaign signs are removed by the candidate or the 125 candidate’s representatives within ten (10) days following the election; and 126 b. No violations of this section occurred during the campaign period. 127 (3) If the candidate or candidate’s representatives fail to remove all campaign signs within 128 ten (10) days following the election, or if violations of this section occurred during the 129 campaign period, the sign bond will be forfeited to the extent necessary to cover the costs 130 of sign removal by the City and/or any assessed penalties. 131 (4) Any portion of the sign bond remaining after deduction of costs and penalties will be 132 refunded to the candidate's personal account. 133 (5) Nothing herein prevents the City from charging a candidate the actual removal cost 134 pursuant to section 106.1435, Florida Statutes, or from citing a candidate for violations of 135 the City Code pursuant to Chapter 162, Florida Statutes. 136 (6) The candidate shall pay any costs or penalties assessed pursuant to this section from a 137 personal account, not from any campaign account established under Chapter 106, Florida 138 Statutes, and the candidate shall submit a Payment Affidavit, on the form provided by the 139 1765 ORDINANCE NO. 25-011 Page 6 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. City Clerk, certifying that any penalties or costs paid are from the candidate's personal 140 account and not from any campaign account. 141 142 Section 4: Codification. It is the intention of the City Commission of the City of 143 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and 144 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that 145 Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be 146 changed to “Section,” “Article,” or such other word or phrase in order to accomplish such intention. 147 Section 5: Severability. If any clause, section, or other part of this Ordinance shall be 148 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 149 or invalid part shall be considered as eliminated and in no way affect the validity of the other 150 provisions of this Ordinance. 151 Section 6: Conflicts. All Ordinances or parts of Ordinances, Resolutions, or parts 152 of Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 153 Section 7. Effective Date. This Ordinance shall take effect immediately upon 154 adoption. 155 156 [SIGNATURES ON THE FOLLOWING PAGE] 157 158 159 160 1766 ORDINANCE NO. 25-011 Page 7 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of __________, 2025. 161 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 162 CITY OF BOYNTON BEACH, FLORIDA 163 YES NO 164 165 Mayor – Rebecca Shelton _____ _____ 166 167 Vice Mayor – Woodrow L. Hay _____ _____ 168 169 Commissioner – Angela Cruz _____ _____ 170 171 Commissioner – Thomas Turkin _____ _____ 172 173 Commissioner – Aimee Kelley _____ _____ 174 175 VOTE ______ 176 ATTEST: 177 178 179 _____________________________ 180 Maylee DeJesús, MMC Rebecca Shelton 181 City Clerk Mayor 182 183 APPROVED AS TO FORM: 184 (Corporate Seal) 185 186 Shawna G. Lamb 187 City Attorney 188 1767 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE III “ELECTIONS” OF THE CITY CODE ORDINANCES, TO RE-TITLE SECTION 2-42 TO READ “CANDIDATE REQUIREMENTS AND QUALIFICATIONS, OFFICIAL BALLOT, AND FILING FEES” ESTABLISHING QUALIFYING REQUIREMENTS, MODIFYING THE NUMBER OF PETITIONS REQUIRED TO RUN FOR OFFICE, AND THE AMOUNT OF THE CAMPAIGN FILING FEE; AND CREATING SECTION 2-48 ENTITLED “CAMPAIGN SIGNS – BONDS, PENALTIES, AND FINANCIAL RESPONSIBILITY;” PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 1768 Page 2 of 3 ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): Section 2-42 of the City’s Code of Ordinances currently requires candidates to file a petition signed by at least twenty-five (25) duly qualified voters of the City and establishes a filing fee of twenty-five dollars ($25.00) for candidates seeking to appear on the official ballot for regular and special elections in the City. The City Commission has determined that an increase in the number of petitions required to qualify, and the filing fee is warranted to more accurately reflect the administrative costs incurred by the City in processing candidate applications and conducting elections. Article I, Section 3 of the City Charter establishes residency requirements for candidates running for the office of Mayor or City Commission; however, it does not establish verification requirements. The City Commission desires to clarify the documentation required to qualify for office within the City. The City seeks to ensure proper placement and timely removal of temporary campaign signs. The City Commission has studied filing fees and political sign bond fees charged by comparable municipalities in Palm Beach County and the State of Florida to ensure that any fees or penalties remain reasonable and do not create an undue burden to candidate participation. The City Commission finds that requiring personal financial responsibility for sign bonds and penalties serves the public interest by ensuring candidates maintain accountability for campaign signage compliance. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE 1769 Page 3 of 3 (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 1770 Candidate Requirements and Qualifications Proposed Ordinance No. 25-011 August 4, 2025 1771 Candidate Requirements and Qualifications Added age requirement – 21 years old. Added one year residency requirement. Required to maintain residency for the duration of term. Candidate Petitions: •Commission – increased from 25 to 50 signatures. •Mayor – increased from 25 to 100 signatures. 1772 Campaign Filing Fees Filing Fee – Increased from $25.00 to two percent (2%) of the salary of the position being sought. 1773 Political Sign Bond Fee Introduced $500.00 sign bond fee. Required to be paid from candidate’s personal funds. Candidates will sign an Affidavit affirming this. Candidates have ten (10) days to remove signs following the election. 1774 QUESTIONS? 1775 City of Boynton Beach Agenda Item Request Form 10.C Regular Agenda 08/ 5/2025 Meeting Date: 08/ 5/2025 Proposed Resolution No. R25-214- Ratify the selection of members appointed to the Charter Review Committee by each member of the City Commission, and discussion of first public meeting. Requested Action: Staff recommends approval of Proposed Resolution No. R25-214. Explanation of Request: The Charter Review Committee will be composed of five (5) members to review and propose changes to the Charter of the City of Boynton Beach. The Committee shall function in an advisory capacity to the City Commission. The Mayor, Vice Mayor, and Commissioners will each appoint one member who must be a City resident. Any vacancy occurring on the Committee shall be filled by the appointing Mayor, Vice Mayor, or Commissioner who made the appointment. Membership shall be sought from persons of knowledge, experience, mature judgment, and background, having the ability and desire to act in the public interest and representing, insofar as possible, the various special professional training, experience, and interests to make informed suggestions for amendments to the City’s Charter. At least three (3) of the nominations made by the City Commission shall be sought from the following professions: 1) Attorneys, 2) Previous/current elected officials, 3) Individuals with extensive professional experience in City or County Government, 4) Professors/academics well versed in local government, 5) Historians, or 6) Public finance professionals. The City Commission will discuss the first public meeting for the Committee to receive direction from the Commission on which Charter items should be a primary focus. How will this affect city programs or services? The Charter Review Committee shall be considered a temporary advisory board that will sunset once its mandate is completed. The members of the Committee shall serve without monetary compensation. Members of other City boards may be members of the Charter Review Committee as well. Account Line Item and Description: None, no fiscal impact. Fiscal Impact: There is no fiscal impact to the City. Attachments: R25-214 Agenda Item 3472-2025 Ratification Charter Review Committee (1).docx 1776 1777 RESOLUTION NO. R25-214 1 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, RATIFYING AND CONFIRMING THE 4 APPOINTMENTS OF MEMBERS TO THE CHARTER REVIEW COMMITTEE 5 PURSUANT TO RESOLUTION NO. R25-195; PROVIDING FOR AN 6 EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 7 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted Resolution 8 No. R25-195 establishing guidelines and creating a Charter Review Committee to review the 9 Charter of the City of Boynton Beach and make recommendations for potential amendments; and 10 WHEREAS, Resolution No. R25-195 provided that the Mayor, Vice Mayor, and 11 Commissioners would each appoint one member to serve on the Charter Review Committee, with 12 such members required to be City residents; and 13 WHEREAS, Resolution No. R25-195 specified that membership shall be sought from 14 persons of knowledge, experience, mature judgment, and background, having the ability and 15 desire to act in the public interest, with at least three (3) of the nominations made from specified 16 professional categories including attorneys, previous/current elected officials, individuals with 17 extensive professional experience in City or County Government, professors/academics well 18 versed in local government, historians, or public finance professionals; and 19 WHEREAS, the Mayor, Vice Mayor, and Commissioners have made their respective 20 appointments to the Charter Review Committee in accordance with the guidelines established in 21 Resolution No. R25-195; and 22 WHEREAS, the City Commission desires to ratify and confirm the appointments made to 23 the Charter Review Committee; and 24 25 1778 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 26 BEACH, FLORIDA, THAT: 27 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 28 true and correct and are hereby made a specific part of this Resolution upon adoption. 29 SECTION 2. The City Commission hereby ratifies and confirms the following appointments 30 to the Charter Review Committee pursuant to Resolution No. R25-195: 31 Mayor's Appointee: Jerry Taylor. 32 Vice Mayor's Appointee: Rev. Richard Dames. 33 Commissioner Cruz's Appointee: Phillis Pacilli. 34 Commissioner Turkin's Appointee: Angela Troyanowski. 35 Commissioner Kelley's Appointee: David Katz. 36 SECTION 3. The City Commission hereby confirms that the appointees named in Section 37 2 above meet the residency requirement of being City residents and that at least three (3) of the 38 appointees possess the professional qualifications specified in Section 3 of Resolution No. R25-39 195. 40 SECTION 4. The appointees named in Section 2 above are hereby authorized to serve as 41 members of the Charter Review Committee with all the powers, duties, and responsibilities set 42 forth in Resolution No. R25-195, including but not limited to: 43 a) Reviewing and proposing changes to the Charter of the City of Boynton Beach; 44 b) Functioning in an advisory capacity to the City Commission; 45 c) Electing a chair, vice chair, and other officers as deemed necessary; 46 d) Conducting meetings in accordance with applicable sunshine laws; 47 1779 e) Submitting final recommendations to the City Commission by the October 21, 2025, 48 regular Commission meeting. 49 SECTION 5. The appointees shall serve without monetary compensation and shall be 50 considered members of a temporary advisory board that will sunset once its mandate is 51 completed, all as provided in Resolution No. R25-195. 52 SECTION 6. In the event of any vacancy occurring on the Charter Review Committee, such 53 vacancy shall be filled by the appointing Mayor, Vice Mayor, or Commissioner who made the 54 original appointment, as provided in Resolution No. R25-195. 55 SECTION 7. This Resolution shall take effect in accordance with the law. 56 57 58 [SIGNATURES ON THE FOLLOWING PAGE] 59 60 1780 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 61 CITY OF BOYNTON BEACH, FLORIDA 62 YES NO 63 Mayor – Rebecca Shelton _____ _____ 64 65 Vice Mayor – Woodrow L. Hay _____ _____ 66 67 Commissioner – Angela Cruz _____ _____ 68 69 Commissioner – Thomas Turkin _____ _____ 70 71 Commissioner – Aimee Kelley _____ _____ 72 73 VOTE ______ 74 ATTEST: 75 76 _____________________________ ______________________________ 77 Maylee De Jesús, MPA, MMC Rebecca Shelton 78 City Clerk Mayor 79 80 APPROVED AS TO FORM: 81 (Corporate Seal) 82 83 _______________________________ 84 Shawna G. Lamb 85 City Attorney 86 1781 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533381782 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533391783 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533401784 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533411785 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533421786 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533431787 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533441788 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533451789 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533461790 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533471791 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533481792 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C4753307/09/2025 | 12:40 PM EDT491793 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533501794 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533511795 Docusign Envelope ID: 8C78BC3A-EE36-4EB5-98AE-3CB618C47533521796