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Agenda 01-20-26The City of Boynton Beach City Commission Agenda Tuesday, January 20, 2026, 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 This meeting will begin promptly after the CRA Meeting. *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org 1 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who 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. 2 1.Openings The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: 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. 3 A.Call to Order - Mayor Rebecca Shelton 2.Other A.Information Items by members of the City Commission. 3.Announcements, Community and Special Events And Presentations A.Proclamation Boynton Bulldogs Day. B.Strategic Plan Presentation and Update 4.Public Audience 5.Administrative A.Ratify the Art Advisory Board Chair and Vice Chair. B.Ratify Selection of Vice Chair for the Community Redevelopment Advisory Board C.Request for a waiver of appointment requirements for Advisory Boards. D.Advisory Board Appointments Roll Call. Invocation by Pastor Nate Santos, Living Waters Church. Pledge of Allegiance to the Flag led by Commissioner Thomas Turkin. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. Vice Mayor Hay will read the proclamation into the record for Boynton Bulldogs Day. Rodney Atwaters, Boynton Bulldogs President will be accepting the proclamation. Requested by Vice Mayor Hay. 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). Ratify the selection of Robin Kurtzman as Chair and Margaret Roberts as Vice Chair. Ratify the selection of Lesha Roundtree as Community Redevelopment Advisory Board Vice Chair. The Community Redevelopment Advisory Board voted during their November 19, 2025 Board Meeting to appoint the position. Regina Fay is seeking a waiver of the residency requirement for the Senior Advisory Board. Michaella Louis is seeking a waiver of the residency requirement for the Education and Youth Advisory Board. City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. 4 E.City Commission workshops for the updated Comprehensive Plan. F.Discussion regarding March 17, 2026 Commission Meeting. 6.Consent Agenda A.Proposed Resolution No. R26-001- Approve the Boynton Beach Police Department's use of Florida opioid settlement funds to support Police Officer training focused on operational readiness, including practical strategies for addressing opioid use disorder and co-occurring conditions, and to fund overtime costs associated with attending the training. B.Proposed Resolution No. R26-002- Approve and award nine (9) Small Business Marketing Grant Program grants in the amount of $2,500 each and authorize the Mayor or City Manager to execute the grant agreements. C.Proposed Resolution No. R26-003- Approval and award of eleven (11) Small Business Support Grant Program grants to local businesses, and authorizing the Mayor or City Manager to execute the grant agreements. D.Proposed Resolution No. R26-004- Approve a Release of Unity of Title (REUT- 2025.11.7257) for Josie's Restaurant located at 3047 N. Federal Highway, allowing the previously unified parcels to be released in order to proceed with a replat and associated development approvals. E.Proposed Resolution No. R26-005- Approve and authorize the City Manager to sign Amendment #5 to the grant agreement No. S0853 between the Florida Department of Environmental Protection and the City of Boynton Beach for the Oceanfront Park Wastewater Treatment Plant upgrade project. F.Proposed Resolution No. R26-006- Ratifying the Facility Use Agreement between the City of Boynton Beach and Chabad Lubavitch of Greater Boynton Facility for the use of Centennial Park & Amphitheatre. G.Proposed Resolution No. R26-007- Approving a Declaration of Restrictive Covenant for 670 Oak Street. Approve proposed City Commission workshops beginning at 5:00 P.M. prior to the February 3rd and February 17th City Commission meetings. The National League of Cities 2026 Congressional City Conference will be held on March 16-18, with pre-conference activities from March 14-15. The March 17th Commission Meeting will need to be moved, if there will be no quorum. This is also the meeting where District 2 and 4 unopposed elected officials will be sworn in. Staff suggests any day during March 23-26 for the new meeting date. Staff recommends approval of Proposed Resolution No. R26-001. Staff recommends approval of Proposed Resolution No. R26-002. Staff recommends approval of Proposed Resolution No. R26-003. Staff recommends approval of Proposed Resolution No. R26-004. Staff recommends approval of Proposed Resolution No. R26-005. Staff recommends approval of Proposed Resolution No. R26-006. Staff recommends approval of Proposed Resolution No. R26-007. 5 H.Commission Meeting Minutes. 7.Consent Bids and Purchases A.Proposed Resolution No. R26-008- Ratification of FY2025 Expenditures and Authorization of Revised Annual Amount with Pat's Pump & Blower, Inc., Cintas, and AT&T. B.Proposed Resolution No. R26-009- Approving the final rankings for Request for Qualifications (RFQ) No. 25-045Q for NW 3rd Street- SFWMD C-16, (Heart of Boynton), Flood Risk Reduction (Grant Funded)-Engineering Services as recommended by the Evaluation Committee and authorizing City staff to negotiate a contract with the recommended top-ranked proposer, Keith and Associates, in accordance with section 287.055, Florida Statues; and for all other purposes. C.Proposed Resolution No. R26-010- Award Invitation to Bid No. 25-082B, Sanitary Sewer Gravity Main- CIPP Project, to Cobra Environmental, Inc., and approve the Agreement between the City and Cobra Environmental, Inc. in the amount of $599,565, plus an additional 10% contingency in the amount of $59,956.50 for staff- authorized change orders to address unforeseen conditions, bringing the total not-to- exceed contract and purchase order amount to $659,521.50. Additionally, approve a budget transfer to allocate sufficient funding for this project. This work will be completed in San Castle, Brighton Lakes, and various locations in the western communities of the City of Boynton Beach. D.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 January 20, 2026 - Amendment Request for Bid Extensions and/or Piggybacks. 8.Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A.Proposed Ordinance No. 25-042- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the Future Land Use Map of the City of Boynton Beach, Florida, for an approximately 64.54 acre parcel of real property generally located west of High Ridge Road between Hypoluxo Road and Miner Road, by changing the future land use designation from LDR (Low Density Residential) to R (Recreation); declaring the Approve minutes from the November 18, 2025 and December 2, 2025 City Commission Meetings. Staff recommends approval of Proposed Resolution No. R26-008. Staff recommends approval of Proposed Resolution No. R26-009. Staff recommends approval of Proposed Resolution No. R26-010. Staff recommends approval of the annual expenditures. 6 proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. B.Proposed Ordinance No. 25-043- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, for the High Ridge Country Club, amending Ordinance No. 02-013 to rezone approximately 64.54 acres generally located west of High Ridge Road between Hypoluxo Road and Miner Road, from R- 1-AA (Single-Family Residential District) to REC (Recreation); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. C.Proposed Ordinance No. 25-044- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, approving the abandonment of a portion of the 60' wide NW 7th Court right-of-way, commencing at the south line of the Stanford Park Plat and terminating at the north right-of-way line of Miner Road; authorizing the City Manager to execute a disclaimer, which shall be recorded with this ordinance in the public records of Palm Beach County, Florida; providing an effective date; and for all other purposes. D.Proposed Ordinance No. 25-045- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Chapter 3, Article III, Section 2.G IPUD; Chapter 3, Article IV, Section 3 Use Regulations; Chapter 4, Article III, Section 8.A.3.b Plaza Requirements; and Chapter 4, Article IV, Section 4.C.1 Signs amending IPUD (Infill Planned Unit Development) for clarifications that only residential uses are permitted; providing for codification; conflicts; severability; and an effective date. E.Proposed Ordinance No. 26-002- First Reading. An Ordinance of the City of Boynton Beach, Florida, amending the Future Land Use Map for the northern approximately 0.72-acre portion of a 1.34-acre unified property located at 3047 N. Federal Highway, by changing the future land use designation from Special High Density Residential (SHDR) to General Commercial (GC); providing that the remaining approximately 0.61-acre portion of the property shall retain its Special High Density Residential (SHDR) future land use designation; declaring the amendment to be consistent with all other elements of the Comprehensive Plan of the City of Boynton Beach; providing for severability, conflicts, and providing for an effective date. F.Proposed Ordinance No. 26-003- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending the Official Zoning Map of the City of Boynton Beach, Florida, for the northern approximately 0.72-acre portion of a 1.34-acre unified property generally located at 3047 N. Federal Highway, by changing the zoning designation from IPUD (Infill Planned Unit Development) to C-3 (Community Commercial); providing that the remaining approximately 0.61-acre portion of the property shall retain its IPUD zoning designation; providing for severability, conflicts, and providing for an effective date. Staff recommends approval of Proposed Ordinance No. 25-042, at second reading. Staff recommends approval of Proposed Ordinance No. 25-043, at second reading. Staff recommends approval of Proposed Ordinance No. 25-044, at second reading. Staff recommends approval of Proposed Ordinance No. 25-045, at second reading. Staff recommends approval of Proposed Ordinance No. 26-002, at first reading. 7 G.Proposed New Major Site Plan (NWSP-2025.05.3470) for a new 4,733-square-foot structure for Josie's Restaurant at 3047 N Federal Highway, subject to the approval of the companion Future Land Use Map Amendment and Rezoning Requests. 9.City Manager’s Report 10.Regular Agenda A.Proposed Resolution No. R26-011- Approval of Bamboo Lane Enclave Annexation Interlocal Agreement. B.Discussion regarding Little Free Libraries and Little Free Pantries on private property. C.Marina District Overlay Discussion 11.Future Agenda Items A.Quarterly joint City/CRA coordination meeting - April 14, 2026, prior to the regular CRA Meeting. B.Discussion regarding combining City properties together to create senior affordable housing.- TBD. C.Discussion regarding a proposed Ordinance of the City of Boynton Beach, Florida repealing and replacing Chapter 15 "Offenses- Miscellaneous*," Article I "In General" Noise Control-Short title," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. Tabled at the August 19, 2025, meeting.- TBD D.Discussion regarding requirements to construct required sidewalks and exemptions as outlined in Land Development Regulations, Chapter 4, Article VIII, Section 3 Standards, D Sidewalks. - TBD E.Discussion regarding creating a beautification board. - TBD F.Discussion in regards to an additional area that might be available as a future cemetery.- TBD G.Discussion on utility lift station upgrades and odor control - TBD Staff recommends approval of proposed Ordinance No. 26-003, at first reading. Staff recommends that the approval be tabled for the second reading of the companion Future Land Use Map Amendment and Rezoning Ordinance. Staff recommends approval of Proposed Resolution No. R26-011. Discussion and seek City Commission direction regarding Little Free Libraries and Little Free Pantries on private property. City Commission direction on a proposed Marina District Overlay. Requested by City Commission and CRA Board. Requested by Vice Mayor Hay. Requested by Commissioner Cruz. Requested by Commissioner Cruz. Requested by Commissioner Turkin. Requested by Vice Mayor Hay. 8 H.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- TBD 12.Adjournment Requested by Vice Mayor Hay. Requested by Commissioner 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. 9 City of Boynton Beach Agenda Item Request Form 3.A Announcements, Community and Special Events And Presentations 01/20/2026 Meeting Date: 01/20/2026 Proclamation Boynton Bulldogs Day. Requested Action: Vice Mayor Hay will read the proclamation into the record for Boynton Bulldogs Day. Rodney Atwaters, Boynton Bulldogs President will be accepting the proclamation. Explanation of Request: Proclamation will be edited and added to agenda item. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: Boynton Bulldogs Day.docx 10 Proclamation WHEREAS, the Boynton Beach Bulldogs Youth Football League has long stood as a pillar of athletic excellence, mentorship, and community pride within the City of Boynton Beach; and WHEREAS, the 2025 season marks a historic milestone for the program, with a record -breaking seven teams advancing to the 2025 AYFL Super Bowl, the most in league history, reflecting the dedication of th e athletes, coaches, volunteers, and families who support the program; and WHEREAS, among these seven exceptional teams, thre e teams- 6U, 8U, and 10U, remain undefeated with extraordinary 12-0 seasons, demonstrating unparalleled skill, discipline, and tea mwork; and WHEREAS, the 11U and 13U teams, each boasting remarkable 11 -1 records, have displayed consistency, resilience, and competitive excellence throughout the season; and WHEREAS, the 9U team, achieving a strong 9-3 record, has shown determination, perseverance, and a commitment to growth that exemplifies the spirit of youth athletics; and WHEREAS, this season’s achievements extend beyond the football field, as three Bulldogs teams secured Super Bowl victories, the 5U, 8U and 9U teams and the Bulldogs Cheer Program also earned 1st place in the AYFL cheer competition, further showcasing the comprehensive talent and dedication within the organization; and WHEREAS, this collective success marks not only a defining moment for the Boynton Beach Bulldogs Youth Football League, but also a celebration of the athletes, families, coaches, and supporters who contribute to the strength and unity of the Boynton Beach community; and WHEREAS, the City of Boynton Beach recognizes the profound positive impact that y outh sports have on character development, leadership, academic success, and community engagement . NOW THEREFORE, I, Vice Mayor Woodrow Hay, and Mayor Rebecca Shelton, of the City of Boynton Beach, Florida, do hereby proclaim January 20, 2026 as BOYNTON BULLDOGS DAY in the City of Boynton Beach, and encourage all residents to join in celebrating the extraordinary achievements of the Boynton Beach Bulldogs Youth Football League and the bright future these young athletes represent. IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 20th day of January, Two Thousand Twenty-Six. Woodrow Hay, Vice Mayor Rebecca Shelton, Mayor ATTEST: Maylee De Jesús, MPA, MMC, City Clerk 11 City of Boynton Beach Agenda Item Request Form 3.B Announcements, Community and Special Events And Presentations 01/20/2026 Meeting Date: 01/20/2026 Strategic Plan Presentation and Update Requested Action: Requested by Vice Mayor Hay. Explanation of Request: The Economic Development Division will provide an update on the City’s Strategic Plan 2024– 2039, outlining progress to date and next steps in implementing the City’s long-term vision. The presentation will highlight: Current Status of Projects: An overview of the projects initiated under each of the four strategic goals and their current stage of implementation. Updated Strategic Initiatives: How new and refined initiatives were identified through collaboration with City departments to ensure alignment with operational priorities and community needs. Key Projects and Achievements: Examples of completed, ongoing, and planned initiatives that support a Financially Sound City Government Providing Exceptional Services, a Sound Local Economy, A Great Place to Live , and A Safe, Clean, and Attractive Community. Next Steps: Review of the process for continued interdepartmental coordination and reporting as the City advances toward its 2029 milestones. This update reflects a comprehensive, data-driven approach to monitoring progress and ensuring accountability across all departments, in support of the City’s long-term strategic vision through 2029. Fiscal Impact: N/A Attachments: Boynton Beach Strategic Plan Policy Actions and Projects.pdf 12 Objectives & Policy Actions Priority Projects Status Notes 1.1 Provide a high level of City core services responsive to the needs of the entire Boynton Beach community High Priority City Internship Program Development: Ongoing In-progress City Organization Restructure: Update Reports In progress City Proactive Communication Strategy/Action Plan: Goals/Outcomes, Best Practices, Report with Options, Direction and Funding Not Started Not Prioritized City Standardization Brand/Marketing Policy and Guidebook Development: Completion Completion Employment Engagement Program Planning: Completion Completion Marketing Policies – Logo Use, I-95 Billboard, Video/Photos, Water Tower, Utility Inserts & Copy Not Started Online Photo & Video Files: Ongoing In-progress Updated List of Current/Contacts of Neighborhood Associations: Ongoing In-progress Sale of Cemetery Lots: Update Sale Policy and Enforcement In progress Web-Based Cemetery Information Management System Plotbox Implementation: Completion Completion 1.1.2 Community-Wide Survey Feedback Strategy/Action Plan: Goals, Best Practices, Report with Options, Direction and City Actions 1.1.3 City Organization Restructure: Update Reports Top Priority 1.2 Build and maintain quality City infrastructure, facilities and equipment Top Priority EOC Renovation In-progress Fire Station #5 – Generator & Fuel Tank Replacement In-progress Fire Station 3 Design In progress Hester Center Phase One Completion New Fire Station Recall System: Funding, Order and Implementation In progress Construction Old Fire Station 2 Logistics and Public Safety Fleet Facility Not Started Pending Station 3 Resiliency Action Plan: Implementation: Update Report, Direction and City Actions Not Started AssetWorks Work Order System – Capital Projects: Completion Completion City Assets Maintenance Improvement In-progress Cybersecurity Project for the Utility: Completion Completion East Water Treatment Plant Upgrade Projects In progress Generator Replacement; Structural Repairs; VFD Replacement In progress GIS Upgrades: Completion Completion Lake Shore Haven Canal Culvert Repair Project: Completion and Funding In progress Study in Progres Lakeside Gardens Stormwater Drainage and Water Main Improvements Project: Construction Completion Lead and Copper Rule: Inventory Completion Completion Lift Station 410 and 414 Connection to Force Main Project Completion Master Lift Station 317 Major Rehabilitation Upgrades Project In progress Sand Castle Neighborhood Improvements (Utilities and Public Works) Projects In progress Water Master Plan and Feasibility Study: Completion Completion Water Meter Replacement Project In-progress Not Prioritized Water Quality Facility Remodel In progress West Water Treatment Plant Membranes and Train Replacement and Electrical & SCADA Upgrades In progress AssetWorks Work Order System: Parks Maintenance and Streets Maintenance Completion SE 1st Street – Construction Roadway Improvement Projects In progress SE 36th Ave (Gulfstream Blvd) Road Rehabilitation Project In progress Street Paving (Non-ARPA) Projects Completion 1.2.3 Fire Equipment Upgrades: Direction and Funding High Priority Fire Equipment Upgrades: Direction and Funding Budget FY 25-26 for Self- Contained Breathing Apparatus Replacement ($1milion)Completion STRATEGIC PLAN 2039 Goal 1: Financially Sound City Government Providing Exceptional Services 1.1.1 Core City Services: Comprehensive Inventory of All Services, Services Prioritization, Service Level Definition and Integration into Budget FY 25 1.2.1 Comprehensive City Infrastructure Improvement Plan Upgrade: Condition Assessment, Plan Development, Funding Mechanisms and Direction 1.2.2 Road Resurfacing Program Expansion: Goal - "C" Rated by 2030: Policy Goal, Direction and Funding High Priority 13 1.2.4 Handheld Radio Replacement ($800,000): Funding Budget FY 24-25 High Priority 1.3 Focus on and fund City core services and responsibilities 1.3.1 Core City Services: Comprehensive Inventory of All Services, Services Prioritization, Service Level Definition and Integration into Budget FY 25 High Priority CARES Program – Reserve Firefighter Program Integration: Ongoing In-progress Heart of Boynton Stormwater Improvement Projects: Completion (HazMat Mitigation Grant)In progress Town of Hypoluxo Septic to Sewer Grant Project Completion 1.3.2 Fire Rescue Service Contracts: Contract with City of Gulf, Call Volume, Cost of Service, Cost Recovery Options, Report with Recommendations, Direction and Contracts Approval Top Priority 1.4 Deliver City services in an efficient, cost-effective manner 1.4.1 Independent City Auditor: Concept Definition, Best Practices, Report with Options, Direction and Implementation Options, Draft Charter Amendment, Direction and City Actions Top Priority Administrative Policy Update: Completion Completion AP Automation – Electronic Payment Processing and Purchase Order Automation: Completion Completion Budget Reduction Plan: Goals, Report with Options and Direction Not Started Abandoned, integrated into budget process Citywide Asset Valuation: Completion Completion Citywide Records Management Training: Completion Completion Community Rating System Maintenance: Ongoing In-progress Customer Journey Mapping: Completion Completion Expired Rental License/COU Inspection Initiative: Implementation (City Clerk): Ongoing In-progress IAS Accreditation for the Building and Community Standards Divisions: Completion Completion Internal Controls Review: Ongoing In-progress Procedures on Minor Accidents with Minimal Damage Review: Ongoing In-progress Workday Citywide ERP (Enterprise Resource Planning)In-progress 1.5 Leverage City resources through increases in grants and community partnerships 1.6 Build strong financial reserves consistent with City policies and national standards 1.6.1 Multi-Year Financial Plan Development: Plan Framework, Projections - Revenues and Expenditures, Presentation, and Adoption 1.6.2 "Rainy Day'' Fund Creation: Goals, Best Practices, Report with Options, Direction and Implementation Action 1.6.3 Procurement Policy and Process Refinement Review Current, Best Practices, Draft Refinements and Adoption Top Priority Review Current, Best Practices, Draft Refinements and Adoption Not Started Revitalize the Procurement Division to elevate service excellence, fostering efficiency, transparency, and strategic value that strengthen City operations and enrich the quality of life for residents. In-progress 1.7 Increase and diversify City revenues to support the defined services and service level, and major infrastructure projects 1.7.1 New/Expanded Revenue Source: Legal Framework, Best Practices, Report with Options, Direction and Implementation Objectives & Policy Actions Priority Projects Status Notes 2.1 Redevelop the Congress District consistent with vision and master plans 2.1.1 Congress District Redevelopment Plan/Overlay: Vision, Plan Development, Overlay Establishment, Direction and City High Priority 2.1.2 Comprehensive Plan: Review, Update and Adoption Land Development Regulations Review and Revision: Ongoing In-progress Medical Overlay: Establishment Not Started In Economic Development Plan Seacrest Overlay: Establishment Not Started In Economic Development Plan Station Area District Plan: Establishment Not Started In Economic Development Plan Woolbright Corridor Plan: Establishment Not Started In Economic Development Plan College/University Development: Goals/Outcomes, Direction and City Actions Not Started 2.1.3 Strategic Land Acquisition: Identify Parcel, Direction and Funding Top Priority 1.4.2 City Financial Policies: Review and Refinement Goal 2: Strong Local Economy 14 Mall Redevelopment Plan: Vision, Working with Property Owners, Master Plan Development, City Role/Developer Role, Direction and City Actions In-progress Strategic Annexations: Analysis of Impacts, Report with Options, Direction and Implementation In-progress 2.2 Develop Downtown/Cultural District through completion of five major development projects 2.2.1 Downtown Parking Master Plan: Goals/Outcomes, Plan Development, Direction, City Role, and Funding Mechanism Top Priority 2.2.2 Downtown Projects (5): Developer-Driven Permitting and Construction: a. Town Square b. Broadstone c. Village at east Ocean d. The Pierce e. One Ocean Top Priority 2016 CRA Plan: Evaluation and Update (including Boundary Modifications) In Progress Arts/Cultural Center Auditorium Project In-progress Downtown Policing Zone, Downtown Policing Unit, and Downtown Policing Initiatives Implementation: Completion Completion Downtown Stormwater Modeling Evaluation for Downtown Watershed and Heart of Boynton: Completion Completion Hi-Rise Fire Requirements Ordinance: Revision and Adoption, in-progress In-progress TIF Policy: Review and Refinement Not Started LOI Policy Adopted 2.3 Have more job opportunities for our Boynton Beach residents 2.3.1 Build Your Own Business - One-Stop Shop: Goals/Desired Outcomes, Process Review, Best Practices, Report with Options, Direction and Implementation High Priority Business Engagement and Outreach: Ongoing In-progress In Economic Development Plan Business Grants Program: Goals/Outcomes, Best Practices, Report with Options and Funding Mechanism and Direction In-progress In Economic Development Plan Business Liaison Program Development: Best Practices, Report with Options, Direction and City Actions In-progress In Economic Development Plan Business Tax Incentive Policy/Program: Options and Direction Not Started In Economic Development Plan Citywide Economic Development Policy/ Action Plan: Development and Adoption (including City Economic Incentives)Completion In Economic Development Plan Economic Development Marketing Strategy: Ongoing In-progress In Economic Development Plan Minority Businesses Enterprise Program: Development Not Started In Economic Development Plan New Economic Incentive Programs: Report with Options, Direction and Funding Not Started In Economic Development Plan Small Business Grant Program : Ongoing In-progress In Economic Development Plan Workforce Development Initiative: Goals, City Role, Report with Options, Direction and City Actions In-progress In Economic Development Plan Office Space Development: Goals/Outcomes, Plan Development, City Role, Direction and City Actions In-progress In Economic Development Plan 2.3.2 Grocery Store Attraction Strategy: Goal, Direction and City Actions Top Priority 2.4 Have a major university/college/trade school presence in Boynton Beach 2.5 Expand experienced-based entertainment businesses - restaurants, bars, live performances, etc. 2.5.1 Boutique Hotel Strategy: Problem Analysis, Report with Options, Direction and Development Agreement Top Priority 2.5.2 Indoor Entertainment Regulations: Review and Update High Priority 2.6 Develop modem office spaces options - office suites, co- work spaces, Class "A", internet cafes, etc. 2.7 Develop a vibrant Marina District 2.7.1 Waterfront Master Plan Development: Vision, Plan Development, Direction and Adoption High Priority 2.7.2 Marina Development: Goals/Outcomes, Property Identification - Private and Public, Location Determination, Concept Design, Plan Development and Funding Mechanism High Priority Beach Pier: Feasibility Study: Completion, Direction and Funding Mechanism Not Started Inflow and Infiltration Condition Assessment: Completion Completion Private Marina Development: Direction and City Actions Not Started 2.7.3 King Tide Action Plan" Outcomes, Best Practices, Direction and City Actions (including Sea Wall) 15 Objectives & Policy Actions Priority Projects Status Notes 3.1 Have greater ease in mobility within Boynton Beach including East-West connectivity through expand mobility options 3.1.1 Comprehensive Mobility Plan: Goals/ Outcomes, Plan Development, Direction and City Actions, including walking, biking, golf carts, scooters, e-bikes and other mobility options Comprehensive Traffic Management Study/Plan: Assessment, Report with Options and Projects, Direction and Funding Mechanism Not Started 3.2 Upgrade parks, park venues and sports fields 3.2.1 Eco Park Enhancement Project: Upgrade Needs, Invasive Plan Removal, Trail Development, Report with Options, Costs and Funding, Direction and Implementation High Priority Eco Park Development: Award and Construction Not Started 3.2.2 Cemetery Expansion: Goal-More Grave Sites, Property Identification, Funding Mechanism and Direction 3.2.3 Cemetery Long-Term Plan Development: Goals Vision, City Role, Best Practices, Report with Options, Direction and Funding Mechanism 3.2.4 Parks Bond Program: Project Identification, Report with Options, Staff Capacity, Public Input and Timing, Direction and City Actions 3.2.5 Park/Playground Equipment Inventory and Replacement Schedule: Development and Funding Mechanism Top Priority Additional Playground for All Abilities: Direction and Funding Not Started Arts and Cultural Center/Library Outside Building Signage Completion Arts/Cultural Center Auditorium Project In progress Ezell Hester Sports Complex Facility Project: Completion Phase I done Golf Course Maintenance Equipment Replacement: Completion Completion Golf: Invasive Trees Removal: Completion (State Mandate)Completion Little League Park Privacy Wall Project Not Started In Design Little League Park Renovations Project Phase 2 Completion Park Maintenance Enhancement: Service Level Definition, Staffing Needs, Report with Options and Funding, Direction and Implementation In progress Park Ranger Informational Program: Completion Completion Pickleball Court Expansion: Community Need, Locations, Report with Options, Direction and Funding Completion Water Pump for Golf Course Irrigation Repairs: Completions Completion Wi-Fi Added to Parks: Completion Completion Woman’s Club Building Major Upgrade Projects: In progress 3.2.6 Artificial Coral Reef Project: Grant Funding and Completion High Priority 3.2.7 Senior Center Upgrade: Needs Assessment, Report with Options, Costs and Funding, Direction and Implementation “Helping Seniors” Program: Creation Not Started 3.2.8 Stormwater Management and Flooding Reduction Plan: Goals, Plan Development, Project, Funding Mechanism and Direction 3.3 Work with Palm Beach School District to improve the quality of schools and educational programs - goal: "A" rated schools 3.4 Develop a new park/major recreation center in west Boynton Beach 3.4.1 Additional Outdoor Venues for Events and Festivals: Community Needs, Location Options Identification, Report with Options and Funding Mechanism, Direction and Implementation 3.4.2 City Marques Additional/Larger: Goals, Additional Locations, Marque Design, Report with Options, Costs and Funding, Direction and Implementation 3.5 Develop new quality housing options - single family homes, condos, town homes, apartments 3.5.1 City Branding/Marketing Program - Showcasing Boynton Beach: Best Practices, Report with Options, Direction and Funding Mechanism PAL Program Expansion: Next Steps Not Started Boynton Beach Prominent Citizens Recognition and Contributions: Goals/Outcomes, Best Practices, Report with Options, Direction and Program Initiation (OTH) Not Started Homeless Strategy/Action Plan: Goals/Outcomes, Best Practices, Report with Options, Direction, City Role/Partners and City Actions Not Started Boynton Beach Identity and Brand: Definition and Marketing Plan In Progress Goal 3: A Great Place to Live 16 3.6 Becoming a walkable and bike-friendly community 3.6.1 Speed Limits with Palm Beach County: Review, Report and Direction Federal Highway Bike Lanes: Goal – Bike- Friendly Community, Direction and City Actions (with FDOT) Not Started Street and Streetscape Maintenance Enhancement – South of MLK: Outcomes, Report with Options, Costs and Funding, Direction and Implementation (New) In progress Traffic Calming Policy/Projects Completion Objectives & Policy Actions Priority Projects Status Notes 4.1 Have residents feeling safe - any place within Boynton Beach 4.1.1 Comprehensive Street Light Policy and Requirements: Goal - Better Lighting, Policy and Requirements Review, Report with Options, Costs and Funding, Direction and Implementation Plan High Priority Street Lights Replacement Program In progress U.S. 1 Lighting Plan: Report with Options, Direction, Funding and City Actions Not Started 4.1.2 New and Emerging Sports Venues and Programs: Community Needs, Best Practices, Community Needs Assessment, Report with Options, Costs and Funding, Direction and implementation Steps 4.1.3 "Re-Imagining Policing" Project: Development and Implementation (with Robust Training Programs and Incorporating Community Policing Concepts)Top Priority CIT Trained and Certified: Completion Completion ISO Rating Review: Ongoing In progress Neighborhood/HOA Accountability Plan: Direction and City Actions (related to public safety issues/concerns)Not Started Public Safety Dock Project at Oyer Park In progress Radio Tower Replacement In progress 4.1.4 Art Projects in 2023-24: Plan Development and Completion High Priority 4.2 Have welcoming and distinctive entrances to Boynton Beach - "positive first impression" 4.2.1 Entrances Signs Plan: Goals/Outcomes, Design, Locations, Direction and Funding Mechanism High Priority 4.3 Have a low crime rate 4.3.1 Crime Reduction Action Plan: Targeted Goal Definition, Problem Analysis/Root Causes, Report with Options and Action Plan with Steps Top Priority Community Cameras: Ongoing In progress Crime Prevention Through Environmental Design [CPTED) for Boynton Beach: Goals Definition, Best Practices, Report with Options, Costs and Funding, Direction and Implementation Steps Completion School Zone Cameras Implementation: Update Report and Next Steps In progress 4.3.2 Real Time Crime Center Activation: Staffing, Funding and Implementation High Priority 4.3.3 Juvenile Crime Reduction Program: Goals/Outcomes, Best Practices, Direction and City Actions 4.4 Have a clean community- no trash, litter or garbage 4.5 Have attractive medians, streetscapes and landscaping both public and private 4.5.1 Major Corridor Beautification Plan: Goals/Outcomes, Report with Options, Direction and City Actions High Priority 4.5.2 City Mural Policy and Programs: Goals Definition, Best Practices, City Role, Report with Options, Direction and Implementation Steps 4.5.3 Beautification Division Creation: Direction, Funding, Mission Definition and Work Program for 1st Year Top Priority Art Projects in 2023-24: Plan Development and Completion Abandoned Community Planting Program: Ongoing In progress Holiday Light Electrical Outlets: Outcomes, Options, Direction, Funding and Installation Not Started Neighborhood Beautification Project: Goals/Outcomes, Best Practices, Report with Options, Direction and Funding In progress Power Pole Color – Teal: Goals, City Role, Direction and City Next Steps Not Started Undergrounding Utilities: Goals Definition, Plan with Costs Development, Funding Mechanism and Direction Not Started 4.5.4 Comprehensive City Beautification Plan Development: Goals/Outcomes, Best Practices, Report with Options - Projects/Programs, Costs and Funding, Direction and Implementation Steps Top Priority Goal 4: A Safe, Clean and Attractive Community 17 Bus Stops with Trash Cans: Goal, Report with Options, Direction, Funding and Implementation Not Started Clean Sidewalk Program: Ongoing In progress Community Cleanup Program: Ongoing In progress Lien Amnesty Program: Development Not Started 18 City of Boynton Beach Agenda Item Request Form 5.A Administrative 01/20/2026 Meeting Date: 01/20/2026 Ratify the Art Advisory Board Chair and Vice Chair. Requested Action: Ratify the selection of Robin Kurtzman as Chair and Margaret Roberts as Vice Chair. Explanation of Request: At the November 12, 2025 meeting, the Art Advisory Board voted to appoint Robin Kurtzman as Chair and Margaret Roberts as Vice Chair. Per City Ordinance No. 21-016, the City Commission must ratify the selection of Board Chair and Vice Chair. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: None. 19 City of Boynton Beach Agenda Item Request Form 5.B Administrative 01/20/2026 Meeting Date: 01/20/2026 Ratify Selection of Vice Chair for the Community Redevelopment Advisory Board Requested Action: Ratify the selection of Lesha Roundtree as Community Redevelopment Advisory Board Vice Chair. The Community Redevelopment Advisory Board voted during their November 19, 2025 Board Meeting to appoint the position. Explanation of Request: The Community Redevelopment Advisory Board voted during their November 19, 2025 meeting to appoint Lesha Roundtree as Board Vice Chair. How will this affect city programs or services? Ratification of advisory board Vice Chair does not affect City programs or services. Account Line Item and Description: NA Fiscal Impact: There is no fiscal impact to the budget for this item. 20 City of Boynton Beach Agenda Item Request Form 5.C Administrative 01/20/2026 Meeting Date: 01/20/2026 Request for a waiver of appointment requirements for Advisory Boards. Requested Action: Regina Fay is seeking a waiver of the residency requirement for the Senior Advisory Board. Michaella Louis is seeking a waiver of the residency requirement for the Education and Youth Advisory Board. Explanation of Request: Regina Fay is seeking a waiver for the Senior Advisory Board because she lives outside of the City limits. Michaella Louis is seeking a waiver for the Education and Youth Advisory Board because she lives outside of the City limits. On her application, she states that she has a business within the City, but it is an online business, not a Brick and Mortar, which is why she filled out the waiver form. Part II of the City’s Code of Ordinances, titled “Advisory Boards and Committees,” Chapter 27, Article I “In General,” Section 27-2 outlines the specific requirements for selecting, organizing, and qualifying members of boards and committees, as well as their terms. The City Commission recognizes that strictly adhering to these requirements may sometimes limit the City’s ability to appoint the most qualified and suitable individuals for these roles. Therefore, the City Commission has determined that it would be beneficial to have limited authority to waive certain requirements, including residency, term limits, and specific qualifications. This waiver authority would enable the City Commission to consider exceptional candidates who could offer valuable expertise, experience, and perspective to the City’s boards and committees, even if they do not meet all standard requirements. Account Line Item and Description: NA Fiscal Impact: There's no fiscal impact to the budget for this item. Attachments: Regina Fay Waiver.pdf Michaella Louis Waiver.pdf 21 22 x 23 24 25 26 27 City of Boynton Beach Agenda Item Request Form 5.D Administrative 01/20/2026 Meeting Date: 01/20/2026 Advisory Board Appointments 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 January 20 2026.docx Michaella Louis Education and Youth Advisory Board.pdf Sanford Purnell - Education and Youth Advisory Board.pdf Matt Wojciechowski - Recreation and Parks.pdf Regina Fay Senior Advisory Board.pdf 28 Advisory Board Vacancies January 20, 2026 Art Advisory Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Shelton Alternate Vacant Vice Mayor Hay Regular Vacant Applicants: None Building Board of Adjustment and Appeals Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Shelton Alternate Vacant III Turkin Regular Vacant IV Kelley Regular Vacant Applicants: None Education and Youth Advisory Board Regular Member 2 (2 year) terms Alternate/Student Member 2 (1 year) terms I Cruz Regular Vacant III Turkin Student Vacant IV Kelley Student Vacant Applicant: Sanford Purnell Michaella Louis Pending waiver approval. Historic Resources Preservation Board – Quasi-judicial Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Shelton Alternate Vacant III Turkin Regular Vacant IV Kelley Alternate Vacant Applicants: None Library Advisory 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 I Cruz Regular Vacant Applicant: Matthew Wojciechowski 29 Advisory Board Vacancies January 20, 2026 Senior Advisory Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms 1 Cruz Regular Vacant Applicant: Regina Fay Pending waiver approval Applications Received: 01/13/26 Don Danzieri CRAB No vacancies notified via email 0/13/26 11/02/25 Regina Fay Sr. Adv. No vacancies notified via email 11/4/25 09/20/25 Taylor Millien E&YAB Does not live in the City- can apply for waiver, applicant notified via email 09/30/25. 09/08/25 Suzanne Ferguson CRAB No vacancies Applicant notified via email 9/8/25 08/07/25 Thiago Coracini CRAB No vacancies, not a registered voter, Applicant notified via email 08/08/25 06/11/25 Mark Karageorge CRAB No vacancies Applicant notified via email 6/16/25 04/06/25 Deborah Tarca CRAB No vacancies Applicant notified via email 4/18/25 30 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?* 1/8/2026 Michaella Louis 407-591-6578 louismichaella@gmail.com 4/8/2002 6691 Old Farm Trail Boynton Beach FL 33437 United States Financial Aid Counselor Current Doctoral Candidate-Educational Leadership Yes No Yes No 31 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 EmPowerPath Career Services Inc. Yes No Yes No N/A Yes No N/A Please indicate which advisory board you are seeking appointment. Education and Youth 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 currently work in higher education, where I support students through academic advising and career development. My experience has given me a strong understanding of the challenges and opportunities facing youth today. I’ve also collaborated with local schools and community programs, which has deepened my commitment to education and youth advocacy. I believe this background equips me to contribute meaningfully to the board’s mission. Please list any professional memberships Secretary, Palm Beach County Democratic Haitian Caucus Officer, Seeds of Strength Coalition Member, Florida Rising Feel free to attach/upload an extra sheet or resume. Michaella Louis - Resume.pdf 133.39KB 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. 32 1 Michaella Louis P: (407) - 591 - 6578 | E: louismichaella@gmail.com | Boynton Beach, FL EDUCATION Lynn University Boca Raton, FL Doctor of Education - EdD, Educational Leadership May 2026 Florida Atlantic University Boca Raton, FL Master of Arts in Political Science December 2023 Florida Atlantic University Boca Raton, FL Certificate in Hospitality and Tourism Management April 2022 Florida Atlantic University Boca Raton, FL Bachelors of General Studies with a Concentration in Social Work Minor in Leadership Studies December 2021 EXPERIENCE Financial Aid Counselor June 2024-Present Office of Financial Aid, Lynn University Boca Raton, FL ● Assist students and families in understanding financial aid options, including federal, state, and institutional aid programs. ● Provide one-on-one counseling sessions to guide students through FAFSA completion and verification processes. ● Collaborate with other departments, such as Admissions and Student Accounts, to provide seamless support to students. ● Evaluate student eligibility for financial aid, ensuring compliance with federal and institutional guidelines. ● Process financial aid awards, including scholarships, grants, loans, and work-study programs. Student Outreach Intern August 2023-June 2024 Owls Care Health Promotion, Florida Atlantic University Boca Raton, FL ● Assisted in organizing and promoting campus events, workshops, and informational sessions, contributing to the successful execution of various programs. ● Created and distributed promotional materials to enhance awareness of programs and initiatives, effectively reaching and engaging the target audience. ● Collaborated with the Owls Care Health Promotion team to develop and implement strategies to engage students in health and wellness initiatives. 33 2 Peer Academic Coach May 2022-December 2023 Office of Academic Success Initiative, Florida Atlantic University Boca Raton, FL ● Assisted students in adapting to the classroom environment, providing valuable support to enhance their academic experience. ● Supported the academic transition of students to FAU by co-facilitating a learning strategies course and offering individualized coaching to address specific academic needs. ● Offered personalized recommendations to students, encouraging engagement on-campus and in the community, facilitating study and time management skills, and modeling responsible and healthy decision-making, contributing to their overall academic success and well-being. Student Mentor January 2020-December 2023 Mentoring Project, Florida Atlantic University Boca Raton, FL ● Kept my mentees informed about campus events, ensuring they were aware of and had opportunities to participate in various activities. ● Offered guidance and motivation to my mentees, providing support and encouragement to help them navigate challenges and achieve personal and academic goals. ● Assisted my mentees in getting more involved around campus, promoting engagement in clubs, organizations, and other activities that contributed to a well-rounded and fulfilling college experience. Graduate Student Worker August 2022-August 2023 Owls Care Health Promotion, Florida Atlantic University Boca Raton, FL ● Established relationships with other student organizations on campus to provide programming and presentations, enlightening the members of their organizations on various topics. Educated students on health and wellness, fostering a sense of awareness and promoting healthy living practices. ● Actively promoted Owls Care throughout campus, contributing to the overall awareness and engagement with health and wellness initiatives. Graduate Assistant August 2022-May 2023 Student Activities and Involvement, Florida Atlantic University Boca Raton, FL ● Recruited students to apply for Homecoming Court through tabling and promotion on social media, actively encouraging engagement and participation. ● Assisted with the planning and execution of the Student Government Annual Banquet, taking a leadership role in leading the committee responsible for its success. ● Provided support for various events organized by the office, contributing to the overall coordination and success of these activities. 34 3 Orientation Leader April 2022-August 2022 Office of New Student Orientation, Florida Atlantic University Boca Raton, FL ● Worked with first-year students, transfer students, and their families, offering support and guidance during their initial experiences at the university. ● Demonstrated leadership by providing support to new students, engaging with family members, and fostering relationships with University Faculty and Staff, contributing to a welcoming and inclusive campus environment. ● Served as a multifaceted leader, supporter, facilitator, and coach to all new students, actively working to ensure a seamless and positive transition to FAU, thereby enhancing the overall student experience. Improve Your Commute Ambassador January 2022-April 2022 Center for Urban and Environmental Solutions, Florida Atlantic University Boca Raton, FL ● Actively engaged in an impactful outreach campaign, showcasing versatility in tasks such as table duty, delivering concise in-person presentations, distributing informative postcards, and executing strategic social media posts. ● Effectively propagated The #ImproveYourCommute mission across campus and various social networks, including Instagram, WhatsApp, and Gmail, to maximize reach and engagement. ● Played a key role in guiding prospective students, providing valuable insights and support to those interested in enrolling for the study and project, fostering a collaborative and supportive environment. Associate Director September 2021-May 2022 Students Advocating Volunteer Involvement, Florida Atlantic University Boca Raton, FL ● Facilitated community service and leadership opportunities for all students interested, fostering a culture of inclusivity and engagement within the student body. ● Actively promoted a positive and service-oriented environment by encouraging volunteerism and active participation in community engagement initiatives. ● Collaborated with clubs and various student organizations, providing valuable assistance and support to enhance their community service efforts, contributing to a collective and impactful community outreach. Elite Owl Leadership & Service Ambassador July 2021-March 2023 Weppner Center for Lead & Serve, Florida Atlantic University Boca Raton, FL ● Participated as a student facilitator at the Annual iLead Conference and WeLead Symposium, contributing to the success of these events. ● Facilitated workshops, presentations, and programs on leadership and service, sharing knowledge and insights with fellow participants. ● Networked with fellow students, faculty, and staff, fostering connections and building relationships within the university community. 35 4 Student Assistant June 2021-August 2021 Office of the Dean, FAU Dorothy F. Schmidt College of Arts and Letters Boca Raton, FL ● Played a crucial role in maintaining the efficiency of the college mailroom, overseeing tasks such as receiving, signing for packages, collating, and disseminating mail for the entire college community. ● Offered direct or indirect assistance to various academic functions and services, providing comprehensive support to programs across all areas of the college. ● Demonstrated versatility by providing administrative support to the Dean, Associate Deans, and Assistant Dean as needed, contributing to the smooth operation of administrative functions within the college. Assistant Director of Student Resources May 2020-April 2021 Council of Student Organizations, Florida Atlantic University Boca Raton, FL ● Collaborated with the team in the development and implementation of effective social media strategies, contributing to the enhancement of online presence and engagement. ● Proactively engaged in diverse assignments assigned by the director, showcasing adaptability and a willingness to contribute to various projects within the organization. ● Represented the Council of Student Organizations by actively attending events, fostering positive relationships and promoting the organization's mission and initiatives. MEMBERSHIPS Community Service Club, Founder + President December 2020-December 2023 Student Government Association, Sustainability Action Committee July 2022-April 2023 Resident Student Association, Chief of Information Officer April 2021-June 2022 Psychoeducational Programming, Mental Health Advocate February 2020-February 2022 Student Accessibility Services, Volunteer Notetaker January 2020-May 2022 Students For Peace, Event Director November 2019-April 2023 AWARDS/HONORS Volunteer of the Year, Student Government Banquet April 14, 2023 Organization Presidential Excellence Award, Student Government Banquet April 7, 2022 Student of the Year Award, Women’s Leadership Institute March 28, 2022 Graduated Cum Laude December 16, 2021 COMPUTER SKILLS Microsoft Office (Word, Excel, PowerPoint), Social Media (Facebook, Instagram), Canva LANGUAGES Fluent in English and Haitian Creole 36 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 * 12/10/2025 Stanford Purnell 5612815828 stanford@reclaimingmymental.org 1/4/1996 1145 Audace Ave 304 Boynton Beach FL 33426 United States Mental Health Professional & Nonprofit Leader Serving Children and Families Masters of Social Work Yes No 37 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 * 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. Yes No Yes No Reclaiming My Mental LLC Yes No Yes No Yes No Please indicate which advisory board you are seeking appointment. Education and Youth 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 am a Licensed Clinical Social Worker and senior nonprofit leader with over eight years of experience serving families, youth, and underserved communities in Palm Beach County. My background includes directing large- scale social-emotional wellness programs, providing trauma-informed clinical services, and collaborating across schools, community organizations, and government systems. I also teach Human Services courses at Palm Beach State College, which keeps me closely connected to current educational needs. My experience developing youth-focused programs, analyzing community needs, and strengthening family supports aligns directly with the mission of the Education & Youth Advisory Board. Please list any professional memberships Licensed Clinical Social Worker (LCSW), State of Florida Qualified Supervisor for Registered Clinical Social Work Interns Field Educator for Florida Atlantic University, Barry University, and Palm Beach State College Graduate, Nonprofits First “Rising Leaders” Program (2023) Delray Beach Community Development Corporation – Board Member Feel free to attach/upload an extra sheet or resume. Stan resume 2025.pdf 301.19KB 38 Certification * I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers provided herein are true and accurate. 39 40 41 42 43 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?* 11/2/2025 Regina Fay 561-806-8636 tskmow@gmail.com 6/23/1966 The Soup Kitchen 8655 Boynton Beach Blvd. Boynton Beach FL 33472 United States TSK MOW Program Coordinator Fairfield University Yes No Yes No 44 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 The Soup Kitchen Meals on Wheels Yes No Yes No Yes No 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 was on the Advisory Board of Fairfield University I was Operations Manager of The Soup Kitchen I am cirrently Program Coordinator of The Soup Kitchen Meals on Wheels Please list any professional memberships Member of Meals on Wheels America 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. 45 City of Boynton Beach Agenda Item Request Form 5.E Administrative 01/20/2026 Meeting Date: 01/20/2026 City Commission workshops for the updated Comprehensive Plan. Requested Action: Approve proposed City Commission workshops beginning at 5:00 P.M. prior to the February 3rd and February 17th City Commission meetings. Explanation of Request: Request for a calendar modification to hold City Commission workshops for the update of the Comprehensive Plan between 5:00 P.M. and 6:00 P.M. before the February 3rd and February 17th City Commission meetings. How will this affect city programs or services? No impact. Account Line Item and Description: N/A Fiscal Impact: N/A 46 City of Boynton Beach Agenda Item Request Form 5.F Administrative 01/20/2026 Meeting Date: 01/20/2026 Discussion regarding March 17, 2026 Commission Meeting. Requested Action: The National League of Cities 2026 Congressional City Conference will be held on March 16-18, with pre-conference activities from March 14-15. The March 17th Commission Meeting will need to be moved, if there will be no quorum. This is also the meeting where District 2 and 4 unopposed elected officials will be sworn in. Staff suggests any day during March 23-26 for the new meeting date. Explanation of Request: NA How will this affect city programs or services? NA Account Line Item and Description: NA Fiscal Impact: There will be no fiscal impact to the budget for this item. Attachments: 2026 Meeting Calendar and Important Dates- Citywide.pdf 47 2026 City of Boynton Beach Calendar January February March S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 31 PBC Days: January 13-14 ELECTION: March 10/Runoff March 24 NLC: March 16-18 April May June S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 2 1 2 3 4 5 6 5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13 12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 27 26 27 28 29 30 24 25 26 27 28 29 30 28 29 30 31 July August September S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 2 3 4 5 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26 26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30 30 31 FLC: August 13-15 October November December S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 25 26 27 28 29 30 31 29 30 27 28 29 30 31 FRA: October 20-23 IEDC: October 25-28 NLC City Summit: November 19-21 2026 Holidays – Closed Conference Dates Important Jan 1 New Year’s Day Jan 19 Martin Luther King Jr. Day Feb 16 President’s Day May 25 Memorial Day Jun 19 Juneteenth Jul 3 Independence Day Sep 7 Labor Day Nov 11 Veterans Day Nov 26 Thanksgiving Day Nov 27 Day after Thanksgiving Day Dec 24 Christmas Eve Dec 25 Christmas Day Jan 13-14 PBC Days in Tallahassee Mar 16-18 NLC (Washington, DC) Aug 13-15 FLC (Hollywood, FL) Oct 20-23 FRA (Charlotte Harbor, FL) Oct 25-28 IDEC (CRA)(New Orleans, LA) Nov 19-21 NLC City Summit (Nashville, TN) City Commission Meeting CRA Meeting Agenda Review Meeting March 10- Election Day March 24- Runoff Election Day 48 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 01/20/2026 Meeting Date: 01/20/2026 Proposed Resolution No. R26-001- Approve the Boynton Beach Police Department's use of Florida opioid settlement funds to support Police Officer training focused on operational readiness, including practical strategies for addressing opioid use disorder and co-occurring conditions, and to fund overtime costs associated with attending the training. Requested Action: Staff recommends approval of Proposed Resolution No. R26-001. Explanation of Request: The State of Florida has distributed opioid settlement funds to local municipalities to support initiatives that address the impacts of the opioid epidemic. These funds are intended to support evidence-based strategies, including prevention, treatment, and response efforts related to opioid use disorder. Reference R21-174. The Boynton Beach Police Department routinely encounters individuals affected by opioid use disorder and related co-occurring mental health conditions. To enhance officer preparedness and promote community safety, the Police Department is requesting approval to use a portion of the City’s allocated opioid settlement funds for specialized training designed to improve operational readiness. The proposed online training course, “Operational Readiness for Police Officers – Effective Strategies and Practical Techniques for Addressing Opioid Use Disorder and Co-occurring Conditions,” is provided by Zschool in partnership with the University of Miami. This training will equip officers with practical strategies for recognizing opioid use disorder, safely interacting with affected individuals, and responding effectively to opioid-related incidents. The quoted cost to train 172 officers is $77,400. In addition, overtime expenses will be necessary to maintain adequate staffing levels while officers participate in the training. The overtime cost is TBD but will not exceed $50,000. 49 Use of the opioid settlement funds for this purpose is consistent with allowable uses established by the State of Florida and supports the City’s public safety and public health objectives. How will this affect city programs or services? Approval of this item will enhance existing police services by improving officer knowledge, skills, and preparedness when responding to opioid-related incidents. The training is expected to support safer interactions, improve outcomes for individuals experiencing opioid use disorder, and strengthen coordination between law enforcement and public health efforts. Account Line Item and Description: Opioid Settlement Acct. 001-0000-369-35-00 Total Funds Received $308,495.18 October 2026 $9,488.63 April 2025 $90,327.66 December 2024 $143,264.95 December 2023 65,413.94 Fiscal Impact: Funding for this request will be provided from the City’s allocated Florida opioid settlement funds. There is no impact to the City’s General Fund. Expenditures will include training costs and related overtime for participating Police Officers, not to exceed the amount allocated for this purpose within the opioid settlement fund. Attachments: R26-001 Agenda_Item_3979-2025_Resolution_for_opiod_settlement_funds_to_BBPD.docx 50 RESOLUTION NO. R26-001 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AUTHORIZING THE CITY OF BOYNTON BEACH 2 POLICE DEPARTMENT’S USE OF FLORIDA OPIOID SETTLEMENT FUNDS 3 TO SUPPORT POLICE OFFICER TRAINING FOCUSED ON OPERATIONAL 4 READINESS, INCLUDING PRACTICAL STRATEGIES FOR ADDRESSING 5 OPIOID USE DISORDER AND CO-OCCURRING CONDITIONS, AND TO 6 FUND OVERTIME COSTS ASSOCIATED WITH ATTENDING THE 7 TRAINING, AND FOR ALL OTHER PURPOSES. 8 9 10 WHEREAS, the State of Florida has distributed opioid settlement funds to local 11 municipalities to support initiatives that address the impacts of the opioid epidemic, with such 12 funds intended to support evidence-based strategies, including prevention, treatment, and 13 response efforts related to opioid use disorder; and 14 WHEREAS, the Boynton Beach Police Department (“BBPD”) routinely encounters 15 individuals affected by opioid use disorder and related co-occurring mental health conditions; 16 and 17 WHEREAS, in order to enhance officer preparedness and promote community safety, the 18 Police Department is requesting approval to use a portion of the City of Boynton Beach’s (“City”) 19 allocated opioid settlement funds for specialized training designed to improve operational 20 readiness; and 21 WHEREAS, the proposed online training course, “Operational Readiness for Police Officers 22 – Effective Strategies and Practical Techniques for Addressing Opioid Use Disorder and Co-23 occurring Conditions,” is provided by Zschool in partnership with the University of Miami, with 24 said training to equip officers with practical strategies for recognizing opioid use disorder, safely 25 interacting with affected individuals, and responding effectively to opioid-related incidents; and 26 WHEREAS, the quoted cost to train 172 officers is $77,400. In addition, overtime expenses 27 will be necessary to maintain adequate staffing levels while officers participate in the training. The 28 overtime cost is to be determined but will not exceed $50,000; and 29 WHEREAS, use of the opioid settlement funds for this purpose is consistent with allowable 30 uses established by the State of Florida and supports the City’s public safety and public health 31 objectives; and 32 51 RESOLUTION NO. R26-001 WHEREAS, approval of this item will enhance existing police services by improving officer 33 knowledge, skills, and preparedness when responding to opioid-related incidents, with the 34 training expected to support safer interactions, improve outcomes for individuals experiencing 35 opioid use disorder, and strengthen coordination between law enforcement and public health 36 efforts; and 37 WHEREAS, funding for this request will be provided from the City’s allocated Florida 38 opioid settlement funds, with no impact to the City’s General Fund, with expenditures including 39 training costs and related overtime for participating Police Officers, not to exceed the amount 40 allocated for this purpose within the opioid settlement fund; and 41 WHEREAS, the City previously approved R21-174, which authorized the Mayor to sign any 42 documents needed to formalize the City’s participation in the State of Florida’s opioid settlement; 43 and 44 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 45 best interests of the City's citizens and residents to authorize the Police Department’s use of opioid 46 settlement funds for the training purposes described herein. 47 48 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 49 BEACH, FLORIDA, THAT: 50 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 51 being true and correct and are hereby made a specific part of this Resolution upon adoption. 52 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 53 authorize the City Police Department to use Florida opioid settlement funds to support police 54 officer training. 55 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 56 authorizes the Mayor to execute any further opioid settlement documents or documents 57 associated with the training or further necessary to implement this Resolution. 58 SECTION 4. This Resolution shall take effect in accordance with the law. 59 60 52 RESOLUTION NO. R26-001 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 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 53 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 01/20/2026 Meeting Date: 01/20/2026 Proposed Resolution No. R26-002- Approve and award nine (9) Small Business Marketing Grant Program grants in the amount of $2,500 each and authorize the Mayor or City Manager to execute the grant agreements. Requested Action: Staff recommends approval of Proposed Resolution No. R26-002. Explanation of Request: The Small Business Marketing Grant Program was established to support local small businesses in improving the quality and effectiveness of their marketing strategies, enabling them to reach broader markets and enhance their competitive position. This grant provides up to $2,500 per applicant to assist with eligible marketing initiatives aimed at fostering business growth and sustainability. The program operates on a reimbursement basis, requiring applicants to cover all costs upfront before receiving funding. Expenditures incurred prior to October 1, 2025, are not eligible for reimbursement. All eligible expenses must be completed and paid for prior to August 15, 2026. Applications were evaluated through a structured scoring process and the timing of submission to ensure fair and strategic allocation of funds. Approval of this item will enable the City to distribute grant funds, empowering small businesses to strengthen their marketing efforts and contribute to the economic vitality of Boynton Beach. Awarded Businesses - Althea Nursing Service LLC, Gonzalez Doval Corp Fully Promoted Boynton beach, All Pro Rehab, Gracefully at Home Caregiving, Lux Salon, Enew Enterprises, CMM Flooring Specialist, Copper Top Brewery, LLC, Capoeira Karkara Cultural Arts Center, Inc. How will this affect city programs or services? Approval of these applicants will allow the City’s Division of Economic Development to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. Budgeted Item: Yes Account Line Item and Description: 001-2419-559.49-68 Economic Development Commercial Grant Program. Fiscal Impact: The City has budgeted $25,000 for the Small Business Marketing Grant Program in FY 24-25 via account 001-2419-559.49-68. Each eligible applicant will receive $2,500 from those budgeted funds. Attachments: R26-002 Agenda_Item_4070- 54 2025_Resolution_for_Approval_of_Small_Business_Marketing_Grant_Agreements.docx Composite Exh A - Marketing Grant Agreement_Gracefully at Home Caregiving_Signed.pdf Composite Exh A - Marketing Grant Agreement_1_Fully Promoted Boynton beach_Signed.pdf Composite Exh A - Marketing Grant Agreement_1_Althea Nursing Service LLC_Signed.pdf Composite Exh A - Marketing Grant Agreement_1_Capoeira Karkara Cultural Arts Center Inc_Signed.pdf Composite Exh A - Marketing Grant Agreement_1_Copper Top Brewery, LLC_Signed.pdf Composite Exh A - Marketing Grant Agreement_1_All Pro Rehab_Signed.pdf Composite Exh A - Marketing Grant Agreement_1_Lux Salon_Signed.pdf Composite Exh A - Marketing Grant Agreement_1_CMM Flooring Specialist_Signed.pdf Composite Exh A - Marketing Grant Agreement_2_Enew Enterprises_Signed.pdf 55 RESOLUTION NO. R26-002 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, AWARDING THE SMALL BUSINESS MARKETING 3 GRANTS AND AUTHORIZING THE MAYOR OR CITY MANAGER TO 4 EXECUTE THE GRANT AGREEMENTS ON BEHALF OF THE CITY; AND 5 FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the Small Business Marketing Grant Program (“SBMGP”) was established to 8 support local small businesses in improving the quality and effectiveness of their marketing 9 strategies, enabling them to reach broader markets and enhance their competitive position; and 10 WHEREAS, the SBMGP grants provide up to $2,500 per applicant to assist with eligible 11 marketing initiatives aimed at fostering business growth and sustainability, operating on a 12 reimbursement basis and requiring applicants to cover all costs up front before receiving funding; 13 and 14 WHEREAS, expenditures incurred prior to October 1, 2025, are not eligible for 15 reimbursement, and all eligible expenses must be completed and paid for prior to August 15, 16 2026; and 17 WHEREAS, applications were evaluated through a structured scoring process with the 18 timing of application submission to ensure fair and strategic allocation of funds; and 19 WHEREAS, the awarded businesses from the evaluation process include Althea Nursing 20 Service LLC, Fully Promoted Boynton Beach, All Pro Rehab, Gracefully at Home Caregiving, Lux 21 Salon, Enew Enterprises, CMM Flooring Specialist, Copper Top Brewer, LLC, and Capoeira Karkara 22 Cultural Arts Center, Inc.; and 23 WHEREAS, the City Commission finds that it is in the best interest of the City to award the 24 grants to above listed businesses, and authorize the Mayor or City Manager to execute the SBMGP 25 Grant Agreements and related documents on behalf of the City to expedite the fund distribution 26 process and ensure and strengthen the marketing efforts of the awarded businesses; and 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 29 BEACH, FLORIDA, THAT: 30 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption. 32 56 RESOLUTION NO. R26-002 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 33 award the grants and authorize the Mayor or City Manager to execute the SBMGP Grant 34 Agreements and related documents on behalf of the City, as further detailed in Composite 35 Exhibit A. 36 SECTION 3. This Resolution shall take effect in accordance with the law. 37 38 [signatures on the following page] 39 40 41 57 RESOLUTION NO. R26-002 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 42 CITY OF BOYNTON BEACH, FLORIDA 43 YES NO 44 Mayor – Rebecca Shelton _____ _____ 45 46 Vice Mayor – Woodrow L. Hay _____ _____ 47 48 Commissioner – Angela Cruz _____ _____ 49 50 Commissioner – Thomas Turkin _____ _____ 51 52 Commissioner – Aimee Kelley _____ _____ 53 54 VOTE ______ 55 ATTEST: 56 57 _____________________________ ______________________________ 58 Maylee De Jesús, MPA, MMC Rebecca Shelton 59 City Clerk Mayor 60 61 APPROVED AS TO FORM: 62 (Corporate Seal) 63 64 _______________________________ 65 Shawna G. Lamb 66 City Attorney 67 58 59 60 61 62 63 64 65 66 Small Business Marketing Grant Agreement Rev. Dec. 2023 1 CITY OF BOYNTON BEACH SMALL BUSINESS MARKETING GRANT AGREEMENT THIS AGREEMENT is made this _##_ day of December 2025, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as “City”,” and __Fully Promoted Boynton Beach___ hereinafter referred to as “Grantee” (each a “Party” and collectively the “Parties”). W I T N E S S E T H: WHEREAS, it is the policy of the City to stimulate and encourage economic growth within the City's municipal boundaries; and WHEREAS, The City’s Small Business Marketing Grant Program (“Grant Program”) provides City funding to support new and existing small businesses with their marketing needs, which is beneficial to the local economy; and WHEREAS, the City Commission of the City of Boynton Beach has determined that the use of public funds toward the achievement of such economic development goals constitutes a public purpose; and WHEREAS, the Parties desire to enter into this Agreement to ensure Grantee’s performance in accordance with the Grant Program requirements and to support the related expenditure of public funds and secure the public’s interest; and WHEREAS, the City has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the Grantee pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the Parties hereby agree as follows: I. GRANT AMOUNT City hereby grants to Grantee the sum of $__2,500.00_ (the “Grant Funds”). All funding is subject to the terms and conditions of this Agreement. II. GRANTEE'S OBLIGATIONS A. Use of Grant Funds. Grantee may utilize the Grant Funds for the following business activities: Development of a marketing/social media plan and Social media development and assistance (the “Authorized Use”). Failure to expend the Grant Funds in accordance 67 Small Business Marketing Grant Agreement Rev. Dec. 2023 2 with the Grant Program guidelines and this Agreement shall constitute a breach of this Agreement. B. Accuracy of Representations. Grantee represents and warrants that all statements and representations made in connection with Grantee’s application, or other supporting documents submitted to City in connection with this Grant were true and correct when made and are true and correct as of the date Grantee executes this Agreement, unless otherwise expressly disclosed in writing by Grantee. C. Liability for Performance. Grantee agrees that it is solely liable to the City for performance under this Agreement, and that, in the event of default as solely determined by the City, Grantee will, as more specifically set forth herein, refund to the City any monies paid pursuant to this Agreement. D. Adequate Staffing. Grantee hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with Grantee's mission. E. Compliance with Laws. Grantee and its staff shall possess all licenses and permits required to conduct its business, including federal, state, city, and county licenses and permits. Grantee shall comply with all applicable laws, ordinances, and regulations applicable to Grantee’s Authorized Use and use of the Grant Funds. III. PAYMENT PROCEDURES, CONDITIONS A. Documentation of Expenses. Grant Funds will be paid by the City to the Grantee on a reimbursement basis. Grantee shall provide copies of detailed invoices and receipts or proof of payment by Grantee for all authorized expenses. B. Submittal Deadline. Grantee shall submit a complete request for reimbursement to the City no later than __August 15, 2026__. Failure to submit by the reimbursement submittal deadline may result in termination of this Agreement, revocation of the Grant award, and Grantee being responsible for the full cost of the Authorized Use. C. If the Grantee fails to comply with any of the provisions of this Agreement, the City may withhold, temporarily, or permanently, all, or any, unpaid portion of the Grant Funds upon giving written notice to the Grantee, and/or terminate this Agreement and the City shall have no further funding obligation to the Grantee under this Agreement. D. The Grantee shall repay the City for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The Grantee shall also be liable to reimburse the City for any lost or stolen funds. 68 Small Business Marketing Grant Agreement Rev. Dec. 2023 3 E. In the event the Grantee ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of the Grant Funds shall be retained by the City and the City shall have no further funding obligation to Grantee with regard to those unpaid funds. The determination that the Grantee has ceased or suspended its operation shall be made solely by the City and Grantee, its successors or assigns in interest, agrees to be bound by the City's determination. F. Grant Funds which are to be repaid to the City pursuant to this Agreement, are to be repaid by delivering to the City a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days after the City's demand. G. All corporate or partnership officers and members of Grantee are individually and severally responsible for refunding Grant Funds to the City in the event of a default. H. The above provisions do not waive any rights of the City or preclude the City from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the City's right to be repaid in the event the Grantee fails to comply with the terms of this Agreement. IV. DEFAULT/TERMINATION A. In the event that a Party fails to comply with the terms of this Agreement, other than payment of funds, then the non-defaulting Party shall provide to the defaulting Party notice of the default and the defaulting Party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non-defaulting Party. B. In the event that the defaulting Party fails to cure the default, the non-defaulting Party shall have the right to terminate this Agreement. The effective date of the termination shall be the date of the notice of termination. V. FINANCIAL ACCOUNTABILITY, REPORTS, AND AUDITS The City may have a financial system analysis and an internal fiscal control evaluation of the Grantee performed by City staff or an independent auditing firm employed by the City at any time the City deems necessary to determine the capability of the Grantee to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the City, if requested. VI. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by Grantee to complete performance within the times specified, or within a reasonable time 69 Small Business Marketing Grant Agreement Rev. Dec. 2023 4 if no time is specified herein, shall, at the option of the City without liability, in addition to any of the City's rights or remedies, relieve the City of any obligation under this Agreement. VII. INDEMNIFICATION The Grantee agrees to protect, defend, reimburse, indemnify and hold the City, its agents, employees, and elected officers (collectively, “Indemnified Party”) free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages of any kind, including attorney's fees, court costs, and expenses, including through the conclusion of any appellate proceedings, and causes of action of every kind and character against and from City, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Grantee, or any intentional, reckless, or negligent act or omission of Grantee, its offers, agents, employees,, or agents, arising from, relating to, or in connection with this Agreement (collectively, a “Claim”). If any Claim is brought against an Indemnified Party, Grantee shall, upon written notice form City, defend each Indemnified Party with counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City to defend the Indemnified Party. If considered necessary by City and the City Attorney, any sums due Grantee under this Agreement may be retained by 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 City. The Grantee recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the City in support of this obligation in accordance with the laws of the State of Florida. Grantee's aforesaid indemnification and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, employees, or officers. 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. This paragraph shall survive the expiration or termination of the Agreement. VIII. AVAILABILITY OF FUNDS This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours’ notice to Grantee. The City shall be the sole and final authority as to the availability of funds. 70 71 72 73 74 Small Business Marketing Grant Agreement Rev. Dec. 2023 1 CITY OF BOYNTON BEACH SMALL BUSINESS MARKETING GRANT AGREEMENT THIS AGREEMENT is made this _##_ day of December 2025, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as “City”,” and __Althea Nursing Service LLC___ hereinafter referred to as “Grantee” (each a “Party” and collectively the “Parties”). W I T N E S S E T H: WHEREAS, it is the policy of the City to stimulate and encourage economic growth within the City's municipal boundaries; and WHEREAS, The City’s Small Business Marketing Grant Program (“Grant Program”) provides City funding to support new and existing small businesses with their marketing needs, which is beneficial to the local economy; and WHEREAS, the City Commission of the City of Boynton Beach has determined that the use of public funds toward the achievement of such economic development goals constitutes a public purpose; and WHEREAS, the Parties desire to enter into this Agreement to ensure Grantee’s performance in accordance with the Grant Program requirements and to support the related expenditure of public funds and secure the public’s interest; and WHEREAS, the City has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the Grantee pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the Parties hereby agree as follows: I. GRANT AMOUNT City hereby grants to Grantee the sum of $__2,500.00_ (the “Grant Funds”). All funding is subject to the terms and conditions of this Agreement. II. GRANTEE'S OBLIGATIONS A. Use of Grant Funds. Grantee may utilize the Grant Funds for the following business activities: Development of a marketing/social media plan, Marketing consultants, and Social media development and assistance (the “Authorized Use”). Failure to expend the 75 Small Business Marketing Grant Agreement Rev. Dec. 2023 2 Grant Funds in accordance with the Grant Program guidelines and this Agreement shall constitute a breach of this Agreement. B. Accuracy of Representations. Grantee represents and warrants that all statements and representations made in connection with Grantee’s application, or other supporting documents submitted to City in connection with this Grant were true and correct when made and are true and correct as of the date Grantee executes this Agreement, unless otherwise expressly disclosed in writing by Grantee. C. Liability for Performance. Grantee agrees that it is solely liable to the City for performance under this Agreement, and that, in the event of default as solely determined by the City, Grantee will, as more specifically set forth herein, refund to the City any monies paid pursuant to this Agreement. D. Adequate Staffing. Grantee hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with Grantee's mission. E. Compliance with Laws. Grantee and its staff shall possess all licenses and permits required to conduct its business, including federal, state, city, and county licenses and permits. Grantee shall comply with all applicable laws, ordinances, and regulations applicable to Grantee’s Authorized Use and use of the Grant Funds. III. PAYMENT PROCEDURES, CONDITIONS A. Documentation of Expenses. Grant Funds will be paid by the City to the Grantee on a reimbursement basis. Grantee shall provide copies of detailed invoices and receipts or proof of payment by Grantee for all authorized expenses. B. Submittal Deadline. Grantee shall submit a complete request for reimbursement to the City no later than __August 15, 2026__. Failure to submit by the reimbursement submittal deadline may result in termination of this Agreement, revocation of the Grant award, and Grantee being responsible for the full cost of the Authorized Use. C. If the Grantee fails to comply with any of the provisions of this Agreement, the City may withhold, temporarily, or permanently, all, or any, unpaid portion of the Grant Funds upon giving written notice to the Grantee, and/or terminate this Agreement and the City shall have no further funding obligation to the Grantee under this Agreement. D. The Grantee shall repay the City for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The Grantee shall also be liable to reimburse the City for any lost or stolen funds. 76 Small Business Marketing Grant Agreement Rev. Dec. 2023 3 E. In the event the Grantee ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of the Grant Funds shall be retained by the City and the City shall have no further funding obligation to Grantee with regard to those unpaid funds. The determination that the Grantee has ceased or suspended its operation shall be made solely by the City and Grantee, its successors or assigns in interest, agrees to be bound by the City's determination. F. Grant Funds which are to be repaid to the City pursuant to this Agreement, are to be repaid by delivering to the City a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days after the City's demand. G. All corporate or partnership officers and members of Grantee are individually and severally responsible for refunding Grant Funds to the City in the event of a default. H. The above provisions do not waive any rights of the City or preclude the City from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the City's right to be repaid in the event the Grantee fails to comply with the terms of this Agreement. IV. DEFAULT/TERMINATION A. In the event that a Party fails to comply with the terms of this Agreement, other than payment of funds, then the non-defaulting Party shall provide to the defaulting Party notice of the default and the defaulting Party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non-defaulting Party. B. In the event that the defaulting Party fails to cure the default, the non-defaulting Party shall have the right to terminate this Agreement. The effective date of the termination shall be the date of the notice of termination. V. FINANCIAL ACCOUNTABILITY, REPORTS, AND AUDITS The City may have a financial system analysis and an internal fiscal control evaluation of the Grantee performed by City staff or an independent auditing firm employed by the City at any time the City deems necessary to determine the capability of the Grantee to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the City, if requested. VI. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by Grantee to complete performance within the times specified, or within a reasonable time 77 Small Business Marketing Grant Agreement Rev. Dec. 2023 4 if no time is specified herein, shall, at the option of the City without liability, in addition to any of the City's rights or remedies, relieve the City of any obligation under this Agreement. VII. INDEMNIFICATION The Grantee agrees to protect, defend, reimburse, indemnify and hold the City, its agents, employees, and elected officers (collectively, “Indemnified Party”) free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages of any kind, including attorney's fees, court costs, and expenses, including through the conclusion of any appellate proceedings, and causes of action of every kind and character against and from City, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Grantee, or any intentional, reckless, or negligent act or omission of Grantee, its offers, agents, employees,, or agents, arising from, relating to, or in connection with this Agreement (collectively, a “Claim”). If any Claim is brought against an Indemnified Party, Grantee shall, upon written notice form City, defend each Indemnified Party with counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City to defend the Indemnified Party. If considered necessary by City and the City Attorney, any sums due Grantee under this Agreement may be retained by 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 City. The Grantee recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the City in support of this obligation in accordance with the laws of the State of Florida. Grantee's aforesaid indemnification and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, employees, or officers. 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. This paragraph shall survive the expiration or termination of the Agreement. VIII. AVAILABILITY OF FUNDS This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours’ notice to Grantee. The City shall be the sole and final authority as to the availability of funds. 78 Small Business Marketing Grant Agreement Rev. Dec. 2023 5 IX. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held exclusively in Palm Beach County. 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 or 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. X. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XI. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the Parties to this Agreement. XII. SEVERABILITY 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. XIII. ENTIRE AGREEMENT The Parties agree that this Agreement sets forth the entire Agreement between the Parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 79 Small Business Marketing Grant Agreement Rev. Dec. 2023 6 XIV. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City shall be mailed to: Gigi Chazu, Economic Development Director City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6014 Facsimile (561) 742-6011 with a copy to: Shawna Lamb, City Attorney P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6051 Facsimile (561) 742-6011 and if sent to the Grantee shall be mailed to (current official address): __ 1500 Gateway blvd Suite 220, Boynton Beach _____ XV. MISCELLANEOUS TERMS A. Independent Contractor. Grantee is an independent contractor of City, and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. In performing the Authorized Uses, neither Grantee nor its agents shall act as officers, employees, or agents of City. Grantee shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. B. Regulatory Capacity. Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City’s performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to City’s regulatory authority as a governmental body separate and apart from this Agreement, and shall not be attributable in any manner to City as a Party to this Agreement. C. Third-Party Beneficiaries. Neither Party 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. 80 Small Business Marketing Grant Agreement Rev. Dec. 2023 7 D. Assignment. neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted, or encumbered by Grantee without the prior written consent of City. Any assignment, transfer, encumbrance, or subcontract in violation of this section shall be void and ineffective, constitute a breach of this Agreement, and permit City to immediately terminate this Agreement, in addition to any other remedies available to City at law or in equity. City reserves the right to condition its approval of any assignment, transfer, encumbrance, or subcontract upon further due diligence. E. Entities of Foreign Concern. Grantee represents and certifies (i) Grantee 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 Grantee; and (iii) Grantee 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 date Grantee requests payment of the Grant Funds, Grantee shall submit to City an executed affidavit, under penalty of perjury and in a form approved by City, attesting that Grantee does not meet any of the criteria in section 288.0071(1)(d), Florida Statutes. Terms use in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in section 288.0071, Florida Statutes. F. Joint Preparation. This Agreement has been jointly prepared by the Parties, and shall not be construed more strictly against either Party. G. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as “herein” refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to “days” means calendar days, unless otherwise expressly stated. Any reference to approval by City shall require approval in writing, unless otherwise expressly stated. H. Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision within an article or section of this Agreement, the article or section shall prevail and be given effect. I. Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of City and Grantee. 81 82 Small Business Marketing Grant Agreement Rev. Dec. 2023 1 CITY OF BOYNTON BEACH SMALL BUSINESS MARKETING GRANT AGREEMENT THIS AGREEMENT is made this __ day of 2025, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as “City”,” and __Capoeira Karkara Cultural Arts Center, Inc.___ hereinafter referred to as “Grantee” (each a “Party” and collectively the “Parties”). W I T N E S S E T H: WHEREAS, it is the policy of the City to stimulate and encourage economic growth within the City's municipal boundaries; and WHEREAS, The City’s Small Business Marketing Grant Program (“Grant Program”) provides City funding to support new and existing small businesses with their marketing needs, which is beneficial to the local economy; and WHEREAS, the City Commission of the City of Boynton Beach has determined that the use of public funds toward the achievement of such economic development goals constitutes a public purpose; and WHEREAS, the Parties desire to enter into this Agreement to ensure Grantee’s performance in accordance with the Grant Program requirements and to support the related expenditure of public funds and secure the public’s interest; and WHEREAS, the City has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the Grantee pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the Parties hereby agree as follows: I.GRANT AMOUNT City hereby grants to Grantee the sum of $__2,500.00_ (the “Grant Funds”). All funding is subject to the terms and conditions of this Agreement. II.GRANTEE'S OBLIGATIONS A.Use of Grant Funds. Grantee may utilize the Grant Funds for the following business activities: Web promotions (e.g. Facebook ads) and Marketing consultants (the 83 Small Business Marketing Grant Agreement Rev. Dec. 2023 2 “Authorized Use”). Failure to expend the Grant Funds in accordance with the Grant Program guidelines and this Agreement shall constitute a breach of this Agreement. B. Accuracy of Representations. Grantee represents and warrants that all statements and representations made in connection with Grantee’s application, or other supporting documents submitted to City in connection with this Grant were true and correct when made and are true and correct as of the date Grantee executes this Agreement, unless otherwise expressly disclosed in writing by Grantee. C. Liability for Performance. Grantee agrees that it is solely liable to the City for performance under this Agreement, and that, in the event of default as solely determined by the City, Grantee will, as more specifically set forth herein, refund to the City any monies paid pursuant to this Agreement. D. Adequate Staffing. Grantee hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with Grantee's mission. E. Compliance with Laws. Grantee and its staff shall possess all licenses and permits required to conduct its business, including federal, state, city, and county licenses and permits. Grantee shall comply with all applicable laws, ordinances, and regulations applicable to Grantee’s Authorized Use and use of the Grant Funds. III. PAYMENT PROCEDURES, CONDITIONS A. Documentation of Expenses. Grant Funds will be paid by the City to the Grantee on a reimbursement basis. Grantee shall provide copies of detailed invoices and receipts or proof of payment by Grantee for all authorized expenses. B. Submittal Deadline. Grantee shall submit a complete request for reimbursement to the City no later than __August 15, 2026__. Failure to submit by the reimbursement submittal deadline may result in termination of this Agreement, revocation of the Grant award, and Grantee being responsible for the full cost of the Authorized Use. C. If the Grantee fails to comply with any of the provisions of this Agreement, the City may withhold, temporarily, or permanently, all, or any, unpaid portion of the Grant Funds upon giving written notice to the Grantee, and/or terminate this Agreement and the City shall have no further funding obligation to the Grantee under this Agreement. D. The Grantee shall repay the City for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The Grantee shall also be liable to reimburse the City for any lost or stolen funds. 84 Small Business Marketing Grant Agreement Rev. Dec. 2023 3 E. In the event the Grantee ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of the Grant Funds shall be retained by the City and the City shall have no further funding obligation to Grantee with regard to those unpaid funds. The determination that the Grantee has ceased or suspended its operation shall be made solely by the City and Grantee, its successors or assigns in interest, agrees to be bound by the City's determination. F. Grant Funds which are to be repaid to the City pursuant to this Agreement, are to be repaid by delivering to the City a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days after the City's demand. G. All corporate or partnership officers and members of Grantee are individually and severally responsible for refunding Grant Funds to the City in the event of a default. H. The above provisions do not waive any rights of the City or preclude the City from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the City's right to be repaid in the event the Grantee fails to comply with the terms of this Agreement. IV. DEFAULT/TERMINATION A. In the event that a Party fails to comply with the terms of this Agreement, other than payment of funds, then the non-defaulting Party shall provide to the defaulting Party notice of the default and the defaulting Party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non-defaulting Party. B. In the event that the defaulting Party fails to cure the default, the non-defaulting Party shall have the right to terminate this Agreement. The effective date of the termination shall be the date of the notice of termination. V. FINANCIAL ACCOUNTABILITY, REPORTS, AND AUDITS The City may have a financial system analysis and an internal fiscal control evaluation of the Grantee performed by City staff or an independent auditing firm employed by the City at any time the City deems necessary to determine the capability of the Grantee to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the City, if requested. VI. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by Grantee to complete performance within the times specified, or within a reasonable time 85 Small Business Marketing Grant Agreement Rev. Dec. 2023 4 if no time is specified herein, shall, at the option of the City without liability, in addition to any of the City's rights or remedies, relieve the City of any obligation under this Agreement. VII. INDEMNIFICATION The Grantee agrees to protect, defend, reimburse, indemnify and hold the City, its agents, employees, and elected officers (collectively, “Indemnified Party”) free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages of any kind, including attorney's fees, court costs, and expenses, including through the conclusion of any appellate proceedings, and causes of action of every kind and character against and from City, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Grantee, or any intentional, reckless, or negligent act or omission of Grantee, its offers, agents, employees,, or agents, arising from, relating to, or in connection with this Agreement (collectively, a “Claim”). If any Claim is brought against an Indemnified Party, Grantee shall, upon written notice form City, defend each Indemnified Party with counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City to defend the Indemnified Party. If considered necessary by City and the City Attorney, any sums due Grantee under this Agreement may be retained by 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 City. The Grantee recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the City in support of this obligation in accordance with the laws of the State of Florida. Grantee's aforesaid indemnification and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, employees, or officers. 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. This paragraph shall survive the expiration or termination of the Agreement. VIII. AVAILABILITY OF FUNDS This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours’ notice to Grantee. The City shall be the sole and final authority as to the availability of funds. 86 Small Business Marketing Grant Agreement Rev. Dec. 2023 5 IX. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held exclusively in Palm Beach County. 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 or 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. X. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XI. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the Parties to this Agreement. XII. SEVERABILITY 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. XIII. ENTIRE AGREEMENT The Parties agree that this Agreement sets forth the entire Agreement between the Parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 87 Small Business Marketing Grant Agreement Rev. Dec. 2023 6 XIV. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City shall be mailed to: Gigi Chazu, Economic Development Director City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6014 Facsimile (561) 742-6011 with a copy to: Shawna Lamb, City Attorney P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6051 Facsimile (561) 742-6011 and if sent to the Grantee shall be mailed to (current official address): __ 801 N Congress Ave. #943, Boynton Beach _____ XV. MISCELLANEOUS TERMS A. Independent Contractor. Grantee is an independent contractor of City, and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. In performing the Authorized Uses, neither Grantee nor its agents shall act as officers, employees, or agents of City. Grantee shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. B. Regulatory Capacity. Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City’s performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to City’s regulatory authority as a governmental body separate and apart from this Agreement, and shall not be attributable in any manner to City as a Party to this Agreement. C. Third-Party Beneficiaries. Neither Party 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. 88 Small Business Marketing Grant Agreement Rev. Dec. 2023 7 D. Assignment. neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted, or encumbered by Grantee without the prior written consent of City. Any assignment, transfer, encumbrance, or subcontract in violation of this section shall be void and ineffective, constitute a breach of this Agreement, and permit City to immediately terminate this Agreement, in addition to any other remedies available to City at law or in equity. City reserves the right to condition its approval of any assignment, transfer, encumbrance, or subcontract upon further due diligence. E. Entities of Foreign Concern. Grantee represents and certifies (i) Grantee 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 Grantee; and (iii) Grantee 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 date Grantee requests payment of the Grant Funds, Grantee shall submit to City an executed affidavit, under penalty of perjury and in a form approved by City, attesting that Grantee does not meet any of the criteria in section 288.0071(1)(d), Florida Statutes. Terms use in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in section 288.0071, Florida Statutes. F. Joint Preparation. This Agreement has been jointly prepared by the Parties, and shall not be construed more strictly against either Party. G. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as “herein” refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to “days” means calendar days, unless otherwise expressly stated. Any reference to approval by City shall require approval in writing, unless otherwise expressly stated. H. Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision within an article or section of this Agreement, the article or section shall prevail and be given effect. I. Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of City and Grantee. 89 90 Small Business Marketing Grant Agreement Rev. Dec. 2023 1 CITY OF BOYNTON BEACH SMALL BUSINESS MARKETING GRANT AGREEMENT THIS AGREEMENT is made this 8th_ day of December 2025, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as “City”,” and __Copper Top Brewery, LLC___ hereinafter referred to as “Grantee” (each a “Party” and collectively the “Parties”). W I T N E S S E T H: WHEREAS, it is the policy of the City to stimulate and encourage economic growth within the City's municipal boundaries; and WHEREAS, The City’s Small Business Marketing Grant Program (“Grant Program”) provides City funding to support new and existing small businesses with their marketing needs, which is beneficial to the local economy; and WHEREAS, the City Commission of the City of Boynton Beach has determined that the use of public funds toward the achievement of such economic development goals constitutes a public purpose; and WHEREAS, the Parties desire to enter into this Agreement to ensure Grantee’s performance in accordance with the Grant Program requirements and to support the related expenditure of public funds and secure the public’s interest; and WHEREAS, the City has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the Grantee pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the Parties hereby agree as follows: I. GRANT AMOUNT City hereby grants to Grantee the sum of $__2,500.00_ (the “Grant Funds”). All funding is subject to the terms and conditions of this Agreement. II. GRANTEE'S OBLIGATIONS A. Use of Grant Funds. Grantee may utilize the Grant Funds for the following business activities: Web promotions (e.g. Facebook ads).and Print and TV advertisements (the 91 Small Business Marketing Grant Agreement Rev. Dec. 2023 2 “Authorized Use”). Failure to expend the Grant Funds in accordance with the Grant Program guidelines and this Agreement shall constitute a breach of this Agreement. B. Accuracy of Representations. Grantee represents and warrants that all statements and representations made in connection with Grantee’s application, or other supporting documents submitted to City in connection with this Grant were true and correct when made and are true and correct as of the date Grantee executes this Agreement, unless otherwise expressly disclosed in writing by Grantee. C. Liability for Performance. Grantee agrees that it is solely liable to the City for performance under this Agreement, and that, in the event of default as solely determined by the City, Grantee will, as more specifically set forth herein, refund to the City any monies paid pursuant to this Agreement. D. Adequate Staffing. Grantee hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with Grantee's mission. E. Compliance with Laws. Grantee and its staff shall possess all licenses and permits required to conduct its business, including federal, state, city, and county licenses and permits. Grantee shall comply with all applicable laws, ordinances, and regulations applicable to Grantee’s Authorized Use and use of the Grant Funds. III. PAYMENT PROCEDURES, CONDITIONS A. Documentation of Expenses. Grant Funds will be paid by the City to the Grantee on a reimbursement basis. Grantee shall provide copies of detailed invoices and receipts or proof of payment by Grantee for all authorized expenses. B. Submittal Deadline. Grantee shall submit a complete request for reimbursement to the City no later than __August 15, 2026__. Failure to submit by the reimbursement submittal deadline may result in termination of this Agreement, revocation of the Grant award, and Grantee being responsible for the full cost of the Authorized Use. C. If the Grantee fails to comply with any of the provisions of this Agreement, the City may withhold, temporarily, or permanently, all, or any, unpaid portion of the Grant Funds upon giving written notice to the Grantee, and/or terminate this Agreement and the City shall have no further funding obligation to the Grantee under this Agreement. D. The Grantee shall repay the City for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The Grantee shall also be liable to reimburse the City for any lost or stolen funds. 92 Small Business Marketing Grant Agreement Rev. Dec. 2023 3 E. In the event the Grantee ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of the Grant Funds shall be retained by the City and the City shall have no further funding obligation to Grantee with regard to those unpaid funds. The determination that the Grantee has ceased or suspended its operation shall be made solely by the City and Grantee, its successors or assigns in interest, agrees to be bound by the City's determination. F. Grant Funds which are to be repaid to the City pursuant to this Agreement, are to be repaid by delivering to the City a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days after the City's demand. G. All corporate or partnership officers and members of Grantee are individually and severally responsible for refunding Grant Funds to the City in the event of a default. H. The above provisions do not waive any rights of the City or preclude the City from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the City's right to be repaid in the event the Grantee fails to comply with the terms of this Agreement. IV. DEFAULT/TERMINATION A. In the event that a Party fails to comply with the terms of this Agreement, other than payment of funds, then the non-defaulting Party shall provide to the defaulting Party notice of the default and the defaulting Party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non-defaulting Party. B. In the event that the defaulting Party fails to cure the default, the non -defaulting Party shall have the right to terminate this Agreement. The effective date of the termination shall be the date of the notice of termination. V. FINANCIAL ACCOUNTABILITY, REPORTS , AND AUDITS The City may have a financial system analysis and an internal fiscal control evaluation of the Grantee performed by City staff or an independent auditing firm employed by the City at any time the City deems necessary to determine the capability of the Grantee to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the City, if requested. VI. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by Grantee to complete performance within the times specified, or within a reasonable time 93 Small Business Marketing Grant Agreement Rev. Dec. 2023 4 if no time is specified herein, shall, at the option of the City without liability, in addition to any of the City's rights or remedies, relieve the City of any obligation under this Agreement. VII. INDEMNIFICATION The Grantee agrees to protect, defend, reimburse, indemnify and hold the City, its agents, employees, and elected officers (collectively, “Indemnified Party”) free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages of any kind, including attorney's fees, court costs, and expenses, including through the conclusion of any appellate proceedings, and causes of action of every kind and character against and from City, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Grantee, or any intentional, reckless, or negligent act or omission of Grantee, its offers, agents, employees,, or agents, arising from, relating to, or in connection with this Agreement (collectively, a “Claim”). If any Claim is brought against an Indemnified Party, Grantee shall, upon written notice form City, defend each Indemnified Party with counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City to defend the Indemnified Party. If considered necessary by City and the City Attorney, any sums due Grantee under this Agreement may be retained by 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 City. The Grantee recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the City in support of this obligation in accordance with the laws of the State of Florida. Grantee's aforesaid indemnification and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, employees, or officers. 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. This paragraph shall survive the expiration or termination of the Agreement. VIII. AVAILABILITY OF FUNDS This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours’ notice to Grantee. The City shall be the sole and final authority as to the availability of funds. 94 Small Business Marketing Grant Agreement Rev. Dec. 2023 5 IX. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held exclusively in Palm Beach County. 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 or 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. X. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XI. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or part ies shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the Parties to this Agreement. XII. SEVERABILITY 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. XIII. ENTIRE AGREEMENT The Parties agree that this Agreement sets forth the entire Agreement between the Parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 95 Small Business Marketing Grant Agreement Rev. Dec. 2023 6 XIV. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City shall be mailed to: Gigi Chazu, Economic Development Director City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6014 Facsimile (561) 742-6011 with a copy to: Shawna Lamb, City Attorney P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6051 Facsimile (561) 742-6011 and if sent to the Grantee shall be mailed to (current official address): __ 151 Commerce Rd, Boynton Beach _____ XV. MISCELLANEOUS TERMS A. Independent Contractor. Grantee is an independent contractor of City, and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. In performing the Authorized Uses, neither Grantee nor its agents shall act as officers, employees, or agents of City. Grantee shall not have the right to bind City to any obligation not expressly undertaken by C ity under this Agreement. B. Regulatory Capacity. Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, C ity’s performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to City’s regulatory authority as a governmental body separate and apart from this Agreement, and shall not be attributable in any manner to C ity as a Party to this Agreement. C. Third-Party Beneficiaries. Neither Party 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. 96 Small Business Marketing Grant Agreement Rev. Dec. 2023 7 D. Assignment. neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted, or encumbered by Grantee without the prior written consent of City. Any assignment, transfer, encumbrance, or subcontract in violation of this section shall be void and ineffective, constitute a breach of this Agreement, and permit City to immediately terminate this Agreement, in addition to any other remedies available to City at law or in equity. City reserves the right to condition its approval of any assignment, transfer, encumbrance, or subcontract upon further due diligence. E. Entities of Foreign Concern. Grantee represents and certifies (i) Grantee 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 Grantee; and (iii) Grantee 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 date Grantee requests payment of the Grant Funds, Grantee shall submit to City an executed affidavit, under penalty of perjury and in a form approved by City, attesting that Grantee does not meet any of the criteria in section 288.0071(1)(d), Florida Statutes. Terms use in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to su ch terms in section 288.0071, Florida Statutes. F. Joint Preparation. This Agreement has been jointly prepared by the Parties, and shall not be construed more strictly against either Party. G. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as “herein” refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to “days” means calendar days, unless otherwise expressly stated. Any reference to approval by C ity shall require approval in writing, unless otherwise expressly stated. H. Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision within an article or section of this Agreement, the article or section shall prevail and be given effect. I. Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of City and Grantee. 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 Small Business Marketing Grant Agreement Rev. Dec. 2023 1 CITY OF BOYNTON BEACH SMALL BUSINESS MARKETING GRANT AGREEMENT THIS AGREEMENT is made this __ day of December 2025, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as “City”,” and __CMM Flooring Specialist___ hereinafter referred to as “Grantee” (each a “Party” and collectively the “Parties”). W I T N E S S E T H: WHEREAS, it is the policy of the City to stimulate and encourage economic growth within the City's municipal boundaries; and WHEREAS, The City’s Small Business Marketing Grant Program (“Grant Program”) provides City funding to support new and existing small businesses with their marketing needs, which is beneficial to the local economy; and WHEREAS, the City Commission of the City of Boynton Beach has determined that the use of public funds toward the achievement of such economic development goals constitutes a public purpose; and WHEREAS, the Parties desire to enter into this Agreement to ensure Grantee’s performance in accordance with the Grant Program requirements and to support the related expenditure of public funds and secure the public’s interest; and WHEREAS, the City has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the Grantee pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the Parties hereby agree as follows: I.GRANT AMOUNT City hereby grants to Grantee the sum of $__2,500.00_ (the “Grant Funds”). All funding is subject to the terms and conditions of this Agreement. II.GRANTEE'S OBLIGATIONS A.Use of Grant Funds. Grantee may utilize the Grant Funds for the following business activities: Website design, Web promotions (e.g. Facebook ads), Print and TV advertisements, Social media development and assistance, Marketing consultants, Brand and logo design (the “Authorized Use”). Failure to expend the Grant Funds in accordance 119 Small Business Marketing Grant Agreement Rev. Dec. 2023 2 with the Grant Program guidelines and this Agreement shall constitute a breach of this Agreement. B. Accuracy of Representations. Grantee represents and warrants that all statements and representations made in connection with Grantee’s application, or other supporting documents submitted to City in connection with this Grant were true and correct when made and are true and correct as of the date Grantee executes this Agreement, unless otherwise expressly disclosed in writing by Grantee. C. Liability for Performance. Grantee agrees that it is solely liable to the City for performance under this Agreement, and that, in the event of default as solely determined by the City, Grantee will, as more specifically set forth herein, refund to the City any monies paid pursuant to this Agreement. D. Adequate Staffing. Grantee hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with Grantee's mission. E. Compliance with Laws. Grantee and its staff shall possess all licenses and permits required to conduct its business, including federal, state, city, and county licenses and permits. Grantee shall comply with all applicable laws, ordinances, and regulations applicable to Grantee’s Authorized Use and use of the Grant Funds. III. PAYMENT PROCEDURES, CONDITIONS A. Documentation of Expenses. Grant Funds will be paid by the City to the Grantee on a reimbursement basis. Grantee shall provide copies of detailed invoices and receipts or proof of payment by Grantee for all authorized expenses. B. Submittal Deadline. Grantee shall submit a complete request for reimbursement to the City no later than __August 15, 2026__. Failure to submit by the reimbursement submittal deadline may result in termination of this Agreement, revocation of the Grant award, and Grantee being responsible for the full cost of the Authorized Use. C. If the Grantee fails to comply with any of the provisions of this Agreement, the City may withhold, temporarily, or permanently, all, or any, unpaid portion of the Grant Funds upon giving written notice to the Grantee, and/or terminate this Agreement and the City shall have no further funding obligation to the Grantee under this Agreement. D. The Grantee shall repay the City for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The Grantee shall also be liable to reimburse the City for any lost or stolen funds. 120 Small Business Marketing Grant Agreement Rev. Dec. 2023 3 E. In the event the Grantee ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of the Grant Funds shall be retained by the City and the City shall have no further funding obligation to Grantee with regard to those unpaid funds. The determination that the Grantee has ceased or suspended its operation shall be made solely by the City and Grantee, its successors or assigns in interest, agrees to be bound by the City's determination. F. Grant Funds which are to be repaid to the City pursuant to this Agreement, are to be repaid by delivering to the City a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days after the City's demand. G. All corporate or partnership officers and members of Grantee are individually and severally responsible for refunding Grant Funds to the City in the event of a default. H. The above provisions do not waive any rights of the City or preclude the City from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the City's right to be repaid in the event the Grantee fails to comply with the terms of this Agreement. IV. DEFAULT/TERMINATION A. In the event that a Party fails to comply with the terms of this Agreement, other than payment of funds, then the non-defaulting Party shall provide to the defaulting Party notice of the default and the defaulting Party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non-defaulting Party. B. In the event that the defaulting Party fails to cure the default, the non-defaulting Party shall have the right to terminate this Agreement. The effective date of the termination shall be the date of the notice of termination. V. FINANCIAL ACCOUNTABILITY, REPORTS, AND AUDITS The City may have a financial system analysis and an internal fiscal control evaluation of the Grantee performed by City staff or an independent auditing firm employed by the City at any time the City deems necessary to determine the capability of the Grantee to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the City, if requested. VI. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by Grantee to complete performance within the times specified, or within a reasonable time 121 Small Business Marketing Grant Agreement Rev. Dec. 2023 4 if no time is specified herein, shall, at the option of the City without liability, in addition to any of the City's rights or remedies, relieve the City of any obligation under this Agreement. VII. INDEMNIFICATION The Grantee agrees to protect, defend, reimburse, indemnify and hold the City, its agents, employees, and elected officers (collectively, “Indemnified Party”) free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages of any kind, including attorney's fees, court costs, and expenses, including through the conclusion of any appellate proceedings, and causes of action of every kind and character against and from City, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Grantee, or any intentional, reckless, or negligent act or omission of Grantee, its offers, agents, employees,, or agents, arising from, relating to, or in connection with this Agreement (collectively, a “Claim”). If any Claim is brought against an Indemnified Party, Grantee shall, upon written notice form City, defend each Indemnified Party with counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City to defend the Indemnified Party. If considered necessary by City and the City Attorney, any sums due Grantee under this Agreement may be retained by 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 City. The Grantee recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the City in support of this obligation in accordance with the laws of the State of Florida. Grantee's aforesaid indemnification and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, employees, or officers. 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. This paragraph shall survive the expiration or termination of the Agreement. VIII. AVAILABILITY OF FUNDS This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours’ notice to Grantee. The City shall be the sole and final authority as to the availability of funds. 122 Small Business Marketing Grant Agreement Rev. Dec. 2023 5 IX. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held exclusively in Palm Beach County. 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 or 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. X. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XI. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the Parties to this Agreement. XII. SEVERABILITY 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. XIII. ENTIRE AGREEMENT The Parties agree that this Agreement sets forth the entire Agreement between the Parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 123 Small Business Marketing Grant Agreement Rev. Dec. 2023 6 XIV. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City shall be mailed to: Gigi Chazu, Economic Development Director City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6014 Facsimile (561) 742-6011 with a copy to: Shawna Lamb, City Attorney P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6051 Facsimile (561) 742-6011 and if sent to the Grantee shall be mailed to (current official address): __ 617 NW 24TH AVE, Boynton Beach _____ XV. MISCELLANEOUS TERMS A. Independent Contractor. Grantee is an independent contractor of City, and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. In performing the Authorized Uses, neither Grantee nor its agents shall act as officers, employees, or agents of City. Grantee shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. B. Regulatory Capacity. Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City’s performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to City’s regulatory authority as a governmental body separate and apart from this Agreement, and shall not be attributable in any manner to City as a Party to this Agreement. C. Third-Party Beneficiaries. Neither Party 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. 124 Small Business Marketing Grant Agreement Rev. Dec. 2023 7 D. Assignment. neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted, or encumbered by Grantee without the prior written consent of City. Any assignment, transfer, encumbrance, or subcontract in violation of this section shall be void and ineffective, constitute a breach of this Agreement, and permit City to immediately terminate this Agreement, in addition to any other remedies available to City at law or in equity. City reserves the right to condition its approval of any assignment, transfer, encumbrance, or subcontract upon further due diligence. E. Entities of Foreign Concern. Grantee represents and certifies (i) Grantee 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 Grantee; and (iii) Grantee 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 date Grantee requests payment of the Grant Funds, Grantee shall submit to City an executed affidavit, under penalty of perjury and in a form approved by City, attesting that Grantee does not meet any of the criteria in section 288.0071(1)(d), Florida Statutes. Terms use in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in section 288.0071, Florida Statutes. F. Joint Preparation. This Agreement has been jointly prepared by the Parties, and shall not be construed more strictly against either Party. G. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as “herein” refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to “days” means calendar days, unless otherwise expressly stated. Any reference to approval by City shall require approval in writing, unless otherwise expressly stated. H. Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision within an article or section of this Agreement, the article or section shall prevail and be given effect. I. Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of City and Grantee. 125 126 Small Business Marketing Grant Agreement Rev. Dec. 2023 1 CITY OF BOYNTON BEACH SMALL BUSINESS MARKETING GRANT AGREEMENT THIS AGREEMENT is made this __ day of December 2025, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as “City”,” and __Enew Enterprises ___ hereinafter referred to as “Grantee” (each a “Party” and collectively the “Parties”). W I T N E S S E T H: WHEREAS, it is the policy of the City to stimulate and encourage economic growth within the City's municipal boundaries; and WHEREAS, The City’s Small Business Marketing Grant Program (“Grant Program”) provides City funding to support new and existing small businesses with their marketing needs, which is beneficial to the local economy; and WHEREAS, the City Commission of the City of Boynton Beach has determined that the use of public funds toward the achievement of such economic development goals constitutes a public purpose; and WHEREAS, the Parties desire to enter into this Agreement to ensure Grantee’s performance in accordance with the Grant Program requirements and to support the related expenditure of public funds and secure the public’s interest; and WHEREAS, the City has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the Grantee pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the Parties hereby agree as follows: I.GRANT AMOUNT City hereby grants to Grantee the sum of $__1,500.00_ (the “Grant Funds”). All funding is subject to the terms and conditions of this Agreement. II.GRANTEE'S OBLIGATIONS A.Use of Grant Funds. Grantee may utilize the Grant Funds for the following business activities: Website design (the “Authorized Use”). Failure to expend the Grant Funds in 127 Small Business Marketing Grant Agreement Rev. Dec. 2023 2 accordance with the Grant Program guidelines and this Agreement shall constitute a breach of this Agreement. B. Accuracy of Representations. Grantee represents and warrants that all statements and representations made in connection with Grantee’s application, or other supporting documents submitted to City in connection with this Grant were true and correct when made and are true and correct as of the date Grantee executes this Agreement, unless otherwise expressly disclosed in writing by Grantee. C. Liability for Performance. Grantee agrees that it is solely liable to the City for performance under this Agreement, and that, in the event of default as solely determined by the City, Grantee will, as more specifically set forth herein, refund to the City any monies paid pursuant to this Agreement. D. Adequate Staffing. Grantee hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with Grantee's mission. E. Compliance with Laws. Grantee and its staff shall possess all licenses and permits required to conduct its business, including federal, state, city, and county licenses and permits. Grantee shall comply with all applicable laws, ordinances, and regulations applicable to Grantee’s Authorized Use and use of the Grant Funds. III. PAYMENT PROCEDURES, CONDITIONS A. Documentation of Expenses. Grant Funds will be paid by the City to the Grantee on a reimbursement basis. Grantee shall provide copies of detailed invoices and receipts or proof of payment by Grantee for all authorized expenses. B. Submittal Deadline. Grantee shall submit a complete request for reimbursement to the City no later than __August 15, 2026__. Failure to submit by the reimbursement submittal deadline may result in termination of this Agreement, revocation of the Grant award, and Grantee being responsible for the full cost of the Authorized Use. C. If the Grantee fails to comply with any of the provisions of this Agreement, the City may withhold, temporarily, or permanently, all, or any, unpaid portion of the Grant Funds upon giving written notice to the Grantee, and/or terminate this Agreement and the City shall have no further funding obligation to the Grantee under this Agreement. D. The Grantee shall repay the City for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The Grantee shall also be liable to reimburse the City for any lost or stolen funds. 128 Small Business Marketing Grant Agreement Rev. Dec. 2023 3 E. In the event the Grantee ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of the Grant Funds shall be retained by the City and the City shall have no further funding obligation to Grantee with regard to those unpaid funds. The determination that the Grantee has ceased or suspended its operation shall be made solely by the City and Grantee, its successors or assigns in interest, agrees to be bound by the City's determination. F. Grant Funds which are to be repaid to the City pursuant to this Agreement, are to be repaid by delivering to the City a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days after the City's demand. G. All corporate or partnership officers and members of Grantee are individually and severally responsible for refunding Grant Funds to the City in the event of a default. H. The above provisions do not waive any rights of the City or preclude the City from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the City's right to be repaid in the event the Grantee fails to comply with the terms of this Agreement. IV. DEFAULT/TERMINATION A. In the event that a Party fails to comply with the terms of this Agreement, other than payment of funds, then the non-defaulting Party shall provide to the defaulting Party notice of the default and the defaulting Party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non-defaulting Party. B. In the event that the defaulting Party fails to cure the default, the non-defaulting Party shall have the right to terminate this Agreement. The effective date of the termination shall be the date of the notice of termination. V. FINANCIAL ACCOUNTABILITY, REPORTS, AND AUDITS The City may have a financial system analysis and an internal fiscal control evaluation of the Grantee performed by City staff or an independent auditing firm employed by the City at any time the City deems necessary to determine the capability of the Grantee to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the City, if requested. VI. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by Grantee to complete performance within the times specified, or within a reasonable time 129 Small Business Marketing Grant Agreement Rev. Dec. 2023 4 if no time is specified herein, shall, at the option of the City without liability, in addition to any of the City's rights or remedies, relieve the City of any obligation under this Agreement. VII. INDEMNIFICATION The Grantee agrees to protect, defend, reimburse, indemnify and hold the City, its agents, employees, and elected officers (collectively, “Indemnified Party”) free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages of any kind, including attorney's fees, court costs, and expenses, including through the conclusion of any appellate proceedings, and causes of action of every kind and character against and from City, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Grantee, or any intentional, reckless, or negligent act or omission of Grantee, its offers, agents, employees,, or agents, arising from, relating to, or in connection with this Agreement (collectively, a “Claim”). If any Claim is brought against an Indemnified Party, Grantee shall, upon written notice form City, defend each Indemnified Party with counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City to defend the Indemnified Party. If considered necessary by City and the City Attorney, any sums due Grantee under this Agreement may be retained by 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 City. The Grantee recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the City in support of this obligation in accordance with the laws of the State of Florida. Grantee's aforesaid indemnification and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, employees, or officers. 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. This paragraph shall survive the expiration or termination of the Agreement. VIII. AVAILABILITY OF FUNDS This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours’ notice to Grantee. The City shall be the sole and final authority as to the availability of funds. 130 Small Business Marketing Grant Agreement Rev. Dec. 2023 5 IX. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held exclusively in Palm Beach County. 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 or 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. X. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XI. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the Parties to this Agreement. XII. SEVERABILITY 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. XIII. ENTIRE AGREEMENT The Parties agree that this Agreement sets forth the entire Agreement between the Parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 131 Small Business Marketing Grant Agreement Rev. Dec. 2023 6 XIV. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City shall be mailed to: Gigi Chazu, Economic Development Director City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6014 Facsimile (561) 742-6011 with a copy to: Shawna Lamb, City Attorney P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6051 Facsimile (561) 742-6011 and if sent to the Grantee shall be mailed to (current official address): __ 3004 Quantum Lake Drive, Boynton Beach XV. MISCELLANEOUS TERMS A. Independent Contractor. Grantee is an independent contractor of City, and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. In performing the Authorized Uses, neither Grantee nor its agents shall act as officers, employees, or agents of City. Grantee shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. B. Regulatory Capacity. Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City’s performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to City’s regulatory authority as a governmental body separate and apart from this Agreement, and shall not be attributable in any manner to City as a Party to this Agreement. C. Third-Party Beneficiaries. Neither Party 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. 132 Small Business Marketing Grant Agreement Rev. Dec. 2023 7 D. Assignment. neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted, or encumbered by Grantee without the prior written consent of City. Any assignment, transfer, encumbrance, or subcontract in violation of this section shall be void and ineffective, constitute a breach of this Agreement, and permit City to immediately terminate this Agreement, in addition to any other remedies available to City at law or in equity. City reserves the right to condition its approval of any assignment, transfer, encumbrance, or subcontract upon further due diligence. E. Entities of Foreign Concern. Grantee represents and certifies (i) Grantee 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 Grantee; and (iii) Grantee 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 date Grantee requests payment of the Grant Funds, Grantee shall submit to City an executed affidavit, under penalty of perjury and in a form approved by City, attesting that Grantee does not meet any of the criteria in section 288.0071(1)(d), Florida Statutes. Terms use in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in section 288.0071, Florida Statutes. F. Joint Preparation. This Agreement has been jointly prepared by the Parties, and shall not be construed more strictly against either Party. G. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as “herein” refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to “days” means calendar days, unless otherwise expressly stated. Any reference to approval by City shall require approval in writing, unless otherwise expressly stated. H. Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision within an article or section of this Agreement, the article or section shall prevail and be given effect. I. Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of City and Grantee. 133 Small Business Marketing Grant Agreement Rev. Dec. 2023 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY GRANTEE _____________________________ By:________________________________ By: _______________________________ Print:_____________________________ Print: ______________________________ Name:____________________________ Title:_______________________________ ATTEST: ATTEST: __________________________________ __________________________________ Maylee De Jesus, City Clerk Print Name: _______________________ APPROVED AS TO LEGAL FORM: Title: _____________________________ (CORPORATE SEAL) __________________________________ Office of the City Attorney 134 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 01/20/2026 Meeting Date: 01/20/2026 Proposed Resolution No. R26-003- Approval and award of eleven (11) Small Business Support Grant Program grants to local businesses, and authorizing the Mayor or City Manager to execute the grant agreements. Requested Action: Staff recommends approval of Proposed Resolution No. R26-003. Explanation of Request: The Small Business Support Grant Program was revised this fiscal year to address the ongoing need for capital among small businesses in Boynton Beach, supporting both operational expenses and growth initiatives. The program, managed by the Economic Development Division, aligns with the City’s strategic goal of fostering a healthy and vibrant local economy by empowering entrepreneurs and small business owners. The grant provides financial assistance for a variety of eligible uses, including rent reimbursement, business equipment, inventory, interior/exterior commercial property renovations, and software or eligible technology purchases. Applicants may utilize grant funds for multiple eligible purposes, provided costs are paid upfront before City disbursement. Expenditures incurred prior to October 1, 2025, are not eligible for reimbursement. All eligible expenses must be completed and paid for prior to August 15, 2026. Each application was evaluated based on a scoring process and categorized into Tier One, Tier Two, or Not Awarded. This approach ensured a fair and transparent allocation of grant funding. Approval of this item will enable the City to finalize agreements and provide the approved funding to support small business growth and sustainability within Boynton Beach. Tier One- Auravie Med Spa, Medwear Uniforms. Hair Rocks Studio, LLC, A'lu Mexican Cuisine, Sinful Crepes, Asian World Market, Willys Café, Merle Norman Southern Charm, and UBREAKIFIX. Tier Two- Margo's Kitchen and Fire Express LLC. How will this affect city programs or services? Approval of these agreements will allow the City’s Division of Economic Development to help local small businesses improve their physical commercial space, help with payroll, build inventory, and purchase equipment. Budgeted Item: Yes Account Line Item and Description: 001-2419-559.49-68. Economic Development Commercial Grant Program Fiscal Impact: The City has budgeted $100,000 for the Small Business Support Grant 135 Program in FY 25-26 via account 001-2419-559.49-68. Each eligible applicant will receive either $5,000 or $10,000 from those budgeted funds. Attachments: R26-003 Agenda_Item_4071- 2025_Resolution_for_Approval_of_Small_Business_Support_Grant_Agreements.docx Composite Exh A - Support Grant Agreement (Tier One)_Merle Norman Southern Charm_Signed.pdf Composite Exh A - Support Grant Agreement (Tier One)_A'lu Mexican Cuisine_Signed.pdf Composite Exh A - Support Grant Agreement (Tier One)_Willys Cafe_Signed.pdf Composite Exh A - Support Grant Agreement (Tier One)_Asian World Market_Signed.pdf Composite Exh A - Support Grant Agreement (Tier One)_Sinful Crepes_Signed.PDF Composite Exh A - Support Grant Agreement (Tier One)_Hair Rocks Studio_Signed.pdf Composite Exh A - Support Grant Agreement (Tier One)_uBreakiFix_Signed.pdf Composite Exh A - Support Grant Agreement (Tier One)_Medwear Uniforms_Signed.pdf Composite Exh A - Support Grant Agreement (Tier One)_Auravie Med Spa_Signed.pdf Composite Exh A - Support Grant Agreement (Tier Two)_Fire Express_Signed.pdf Composite Exh A - Support Grant Agreement (Tier Two)_Margo's Kitchen_Signed.pdf 136 RESOLUTION NO. R26-003 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, AWARDING THE SMALL BUSINESS SUPPORT 3 GRANTS AND AUTHORIZING THE MAYOR OR CITY MANAGER TO 4 EXECUTE THE GRANT AGREEMENTS ON BEHALF OF THE CITY; AND 5 FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the Small Business Support Grant Program (“SBSGP”) was established to 8 address the ongoing need for capital among small businesses in Boynton Beach, Florida, 9 supporting both operational expenses and growth initiatives to foster a healthy and vibrant local 10 economy by empowering entrepreneurs and small business owners; and 11 WHEREAS, the SBSGP grants provide financial assistance for a variety of eligible uses, 12 including rent reimbursement, business equipment, inventory, interior/exterior commercial 13 property renovations, and software or eligible technology purchases; and 14 WHEREAS, applicants may use grant funds for multiple eligible purposes, provided that 15 costs are paid up front before City disbursement, and expenditures incurred prior to October 1, 16 2025, are not eligible for reimbursement, and all eligible expenses must be completed and paid 17 for prior to August 15, 2026; and 18 WHEREAS, applications were evaluated through a structured scoring process and 19 categorized not Tier One, Tier Two, or Not Awarded, to ensure a fair and transparent allocation of 20 grant funding; and 21 WHEREAS, the Tier One awarded businesses from the evaluation process include Auravie 22 Med Spa, Medwear Uniforms, Hair Rocks Studio, LLC, A’lu Mexican Cuisine, Sinful Crepes, Asian 23 World Market, Willy’s Café, Merle Norman Southern Charm, and UBREAKIFIX; and 24 WHEREAS, the Tier Two awarded businesses include Margo’s Kitchen and Fire Express 25 LLC; and 26 WHEREAS, the City Commission finds that it is in the best interest of the City to award the 27 SBSGP grants to the above-listed businesses, and authorize the Mayor or City Manager to execute 28 the SBSGP Grant Agreements and related documents on behalf of the City to expedite the fund 29 distribution process and ensure and strengthen the marketing efforts of the awarded businesses. 30 31 137 RESOLUTION NO. R26-003 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 authorize the Mayor or City Manager to execute the SBSGP Grant Agreements and related 37 documents on behalf of the City, as further detailed in Composite Exhibit A. 38 SECTION 3. This Resolution shall take effect in accordance with the law. 39 40 [signatures on the following page] 41 138 RESOLUTION NO. R26-003 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 42 CITY OF BOYNTON BEACH, FLORIDA 43 YES NO 44 Mayor – Rebecca Shelton _____ _____ 45 46 Vice Mayor – Woodrow L. Hay _____ _____ 47 48 Commissioner – Angela Cruz _____ _____ 49 50 Commissioner – Thomas Turkin _____ _____ 51 52 Commissioner – Aimee Kelley _____ _____ 53 54 VOTE ______ 55 ATTEST: 56 57 _____________________________ ______________________________ 58 Maylee De Jesús, MPA, MMC Rebecca Shelton 59 City Clerk Mayor 60 61 APPROVED AS TO FORM: 62 (Corporate Seal) 63 64 _______________________________ 65 Shawna G. Lamb 66 City Attorney 67 139 140 141 142 143 144 145 146 147 CITY OF BOYNTON BEACH SMALL BUSINESS SUPFORT GRANT AGREEMANT E THIS AGREEMENT is made this .W day ofDecembe4 2025, by and between the CITY OF BOYNTON BEACH, a Florida mrmicipal corporatioa" hereinafter referred to as "City","' aad A'lu Mexica* Cqisine_ hereinafter referred to a$ "Grantee" (each a 'oParty" and collectively the "Parties"). WITNESSETH: W-HEREAS' itis the policy ofthe Cityto stimulate and eocourage economic growthwithin the City's municipal boundaries; and WHEREAS, The CrE's Small Business Support Graat Program f'Grant Program") provides Cify funding to $upport new and existing small businesses to establish or expand their operations within the City, which is beneficial to the local economy; and WHEREAS, tbe City Commission of the City of Boynton Beach has determined that the use of public funds to'ward the achievement of such eeonomic development goals constitutes a public purpose; and WIIERtrAS, the Parties desire to enter into this Agreement to ensure Grantee's performance in accordance with the Grant Program requirements and to support the related expenditure of public funds and secure the public's interest; and WHEREAS, the City has determined &at it is in the public's best interes! and that it serves a municipat and public pu{pose, to award a grant to the Grantee pursuatrt to the terms of this Agreement- NOW, TIIEREFORE, in consideration of the premises and muhral coverants hereinafter contained, the Parties hereby Lgree as follows: I, GR,A.I[T AMOUNT City hereby gratrts to Grantee the sum of $10,000_ (the "Grant Funds'). All funding is subject ta the terms aad conditions of this Agreemeat" II. GRANTEE'S OBLIGATIONS A. Use of Grant Funds. Grantee may utilize the Grant Funds for the following business activities: Interior/Exterior Commercial Property Renovations _ (the "Authorized Use"). Failure to expend the Grant Funds in accordance with the Grant Program guidelines and this Agreement shall constitute a breach of this Agreement. ISmall Business Support Grant Agreement Rev. Dec. 2023 148 B "J;*:il:'J?:ff #[y'-#,11:i',i:[-T'Til] and rePrescntatroos rnp " ji,s d.",- ##rx*: iJ,,#;*tffqH* ffi*'::#:* tr; andcorrectwhenm Agreemen! rmless ffi#;;;'p*'*rv Oi*"ro*ed in writing by Grantee' Liab*it.vrorperformance.Grantee.aflT'iltlt*'.il":l#t:?':J;.:[:f '$f li *tffi"*e under this Agreemt: ' determined UV tU" Ciqy, GJantee *1li; #;*p-t'ift'uUy tut fottU herei,' retund to the Crl.y any *;;;il;pursuarrt to this Agreement' AdequateStaffi[B.GranleeoT*I:Tuothatithasgrwillretainadequate.staff to oversee "*"ro* of ix perrormancJ"utig,ti"* *1*t this Agreement' and that execution or .Joitu"*. p.rror*-"*;i".tions is consistent with Grantee's C. D IIr. mission' E.CompliancewithLa}vs.fu*::anditsstaffshallpossessalllicensesandpermits required * *ffiir, Uuslness,t*f"J*g federal' state' cttf' and colnty licenses and permits. Graatee ,n*,, ,o*pivffi ;1-1etii;;b1- llws' ordinances', and regulations applicable to GrantJ'I Authorized use and use of the Grant Funds' PAYMENT PROCEDURES' CONDITIONS A. Documeot?tion of Expeqsoq. crrant Funds will be paid by the city to the Grantee on a reimbursement basis. G;;; 'n*ff pt*ide copies-of detailed invoices and receipts "t;;;;f puv*** by Grantee for all authorized expeoses' B. subrnittal Deadli+e. Grantee shall submit a complete request for reimbursement to the City oo$i6u, August ii, ZgZ1.fal1or-el? submit by the reimbursement subrnittal deadline may result in i*t*l"ution of this Agreemen! revocation of the Grant award, and Grante" u*iog r"*pon$ute for the ful1 cost of the AuthOrized use' C.IftheGraateefailstocomplywithanyoftheprovisionsofthisAgreement,theCity maywithhold,ternporarily,orpermanentty,u-ll,otany,unpaidportionoftheGrant Funds op* Sirrioi*titt"o ooti". to the Grantee, andlor terminate this Agreement and the ciE-dii have no n *n", funding obligation to the Grantee under this Agreement- D. The Grantee shall rqpay the City for all unauthorized itlegal or unlawful receipt of funas, incuaiag uldurful aad/or unauthorized receip of funds discovered after the expiration of this Agreement. The Gmntee shall also be liable to reimburse the City for anY lost or stolen funds' E. In the event the Grantee cea$es to exisl or ce&ses or suspends its operation for any reason, any remaining unpaid portioa of the Grant Funds shall be retained by the SmallBusiness SupportGrantAgleementRev 'Dec'2A23 1 I I I I 149 City and the City shall have no further funding obligation to Grantee with regard to those unpaid funds. The determination that the Grantee has ceased or suspended its operation shall be made solely by the City and Grantee, its successors or assigns in interest, agrees to be bound by the CrU's determination. Grant Funds which are to be repaid to the City pursuant to this Agreement, are to be repaid by delivering to the City acashiels check for the total amount due payable to the City of Boynton Beach within thirty (30) days after the City's demand. A11 corporate or partnership officers and members of Grantee are individually and severally responsible for refunding Grant Funds to the City in the event of a default. The above provisions do not waive any rights of the City or preclude the Cify from pursuing any other remedy, which may be available to it under law. Nothing contained herein shall act as a limitation ofthe City's right to be repaid in the event the Grantee fails to comply with the terms of this Agreement. IY. DEFAULT/TERMINATION A.In the event that aParty fails to comply with the terms of this Agteement, other than payment of funds, then the non-defaulting Party shall provide to the defaulting Party notice of the default and the defaulting Party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non-defaulting Party. B.In the event that the defaulting Party fails to cure the default, the non-defaulting Party shall have the right to terminate this Agreement. The effective date of the termination shall be the date of the notice of termination. V. FINANCIAL ACCOUNTABILITY, REPORTS, AND AUDITS The City may have a financial system analysis and an internal fiscal control evaluation of the Grantee performed by Crty staffor an iadependent auditing firm employed by the City at arry time the City deems necessary to determine the capability of the Grantee to fiscally manage the grant award- Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the City, if requested. VI. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by Grantee to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the City without liability, in addition to any of the City's rights or remedies, relieve the City of any obligation under this Agreement. 1Small Business Support Grant Agreement Rev. Dec. 2023 F. G. H. 150 vtr. the Agreement. VIII. AVAILABILITY OF tr"UNDS INDEMNTFICATION The Grantee agl€es to protect, defend, reimburse, indemniff and hold the City' its agents' employees, and elected officers (collectively, 'olndetrrni{ied Party") free and harmless at all times from atrd against any and all claims, liability, expenses' losses' costs' fines and damages of any kind, including attorney's fees, court costs, and expenses' including through the conclusion of any appellate proceedings, and causes of action of every kind and character against ; fig; City, raised or asserted by any person or entity not a party to this Agreement, and caused ot alleged to be caused, in whole or in part' by any breach of this Agreement by Grantee, o, *y intentional, reckless, or negligent act or omission of Grantee, itS offers, agents, employees, or agent$, arising from, relating to, or in connection with this Agreement (collectively, a "Claim"). If any Claim is brought against an Indemnified Party, Grantee shall, upon written notice form City, defend each Indemnified Party with counsel satisfactory to City or, at City's option, pay for an aftorney selected by the City to defend the Indemnified Party. If considered necessary by City and the City Attorney, any sums due Grantee under tiri* Agt".*ent may be retained by City until all claims ,ru3*.t to this indemnifrcation obligation have been settled or otherwise resolved' Any amourrt *itltt.td shall not be subject to payment of interest by City' The Grantee reclgnires the broad nature of this indr*rifi"ation and hold harmless clause, and voluitarily makes this covenaot and expressly acknowledges the reaeipt of good and valuable consideration provided by the City in support of this obligation in accordance with the laws of the State of Florida. Grantee's aforesaid indermnification and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted bV lu* but in no event shail-they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, employees, or officers. 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 p4rties in any matter arising out of this Agreement. This paragraph shall survive the expiration or termination of This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the putposes set out herein as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being iocrmed. Nothing in this paragraph shall prevent the making of contracG with a term of more than ooe year, but any contract so made shall be executory only for the value of the $ervices to be rendered or paid for in succeeding fiscal years. In the event funds to frnance this Agreement become unavailable, the Ciry may terminate this Agreement upor no less than twenty-four (24) hours' notice to Grantee. The City shall be the sole aud final authority as to the availability of funds. IX. REMEDTES 1Small Business Support Crant Agreement Rev. Dec.2A23 151 This Agreement shall be govemed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held exclusively in Palm Beach County' 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 atlaw or in equity or by statute or otherwise. No single or partial exercise by any parfy of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. X. CIVIL RIGHTS COMPLIANCE The Grantee warraats alrd represents &at all of its employees are treated equally during employrnent without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. xr. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the Parties to this Agreement. XII. SEVERABILITY If any term or provisioo of this Agreement, or the application thereof to aoy person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreemeat, or the application of such terms or provision, to persons or circumstances other tlan those as to which it is held invalid or unenforceable, shall not be affecte{ and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XIII. ENTIRE AGREEMENT The Parties agree that this Agreement sets forth the entire Agreement between the Parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by wri*en instrument executed by the parties hereto. 1Small Business Support Crant Agreement Rev- Dec. 2023 152 XIV. NOTICE A11 aotice required in this Agreement shall be sent by certified mail, return receipt requested, and if sentto the City shall be mailed to: Gigi Chazu, Economic Development Director City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (56 l) 7 42'6014 Facsimite (56 t) 7 42-6A11 with a copy to: Shawna Larnb, CitY AttorreY P.0. pox 310 Boynton Beach, EL 33425 Telephone No. (561 ) 7 42-6A5l Facsimile (56 1) 7 42-6011 and if sent to the Grantee shatl be mailed to (current o{ficial ad&ess): 1080 Gatewqv Blvd" BqYnton Beach XV. MISCELLANEOUS TERMS A. Iqde-pendent Contractor. Grantee is an independeat contractor of City, and nothing in this AS**""1 rh"}} constitute or cre*te a partnership, joint Yenture, or $ny othef relationship between the Parties. In performing the Authorized Uses, neither Grantee nor its agents sha1l act as ofEcers, employoes, or agents of City. Grantee shall tot have the right to bind City to any obligation not expressly undertaken by City under this Agreernent. B. Reqdatory,Capacify. Nofwi&standing the fact that City is a municipal oorporation with certain authority, City's performance under this Agreement is as a Party to this Agreement and aot in its regulatory capacrty. If City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to City's regulatory authority as a governmental body separate and apart from this Agreemeat, and shall not be atfibutable in any manner to Ciff as a Party to this Agreemeal C. Thir{-Party Be.qqfiqiaries. Neither Parfy intends to primarily or directly benefit a third parfy by this Agreement. Therefore, the Parties acknowledge that there are no third-parfy beneficiaries to tlis Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 1Small Business Support Grant Agreement Rev. Dec.2A23 153 D. Assignment. neither this Agreement nor any right or ilrterest in it may be assigned, trrrrf.*.4 subcontracted, or encumbered by Grantee without the prior written coasent of City. Any assignmento transfer, encumbrance, or subcontract in violation of this section shall be vcid and ineffective, constitute a breach of this Agreement, aad permit City to immediately teminate this Agreemeat, in addition to any other remedies available to CiE at law or in equity. Cib/ reserves the right to csndition its approval of any assignment, transfer, encgmbranCe, or subcontract upon further due diligence. E. Entitie$ of Forei€rr Concern. Grantep represeats and certifies (i) Grantee is aot owned by the govemment of a foreign couofiT of concern; (ii) the government of a foreign country of c-oacem does not have a controlling interest in Grantee; and {iii) Grautee is not organized under the laws of, and does not have its principal place of business in, a foreign "o.rot y of coacern. On or before the date Grantee requests payment of the Grant Funds, Grantee shall submit to City an executed affidavit, under peaalty of perjury and in a form approved by City, attesthrg that Grantee does not meet any of the criteria in section ZSS.OO7 f (f j($, ftoriau Statutes. Terms use in this sectioa that are not otherwise defined in this Agreement shall have the moanings ascribed to such terms in section 288.0071, Florida Statutes. F. Jsint preparation. This Agreemeirt has been joiatly prepared by the Parties, and shall not be construed more strictly agaiast either Party- G. Interpretation. The titles and headings contained in this Agreement are for reftrence prrp"r"r ""ty and shall uot in aoy way affect the meaning or interpretation of &is Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as o'herein" refer to this Agreement as a whole and not to any particular senteoce, paragraph, or section where they appear, unless the cmtext otherwise iequires. Whenever reference is made to a section or article of this Agreement, such reference is to the sectioo or articlo as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article- Any reference to "days" means calendar days, unless otherwise expressly stated. Any reference to approval by Crty shall require approval in writing, unless othenrrdse expressly stated- H. Prioriff of Provisio.ns. If there is a conflict or incoasisteacy between any terrn" statement, oq.rir"**! or provision of any document or exhibit attached to, refereoced by, or incorporated in this Agreement and any provision within an article or section of this Agreement, the article or section shall prevail and be given effect. L Amen4ments. Unless expressly authorized hereir, ao modificatiofl, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar forrrality as this Agreement and by duly authorized repteseotatives of City and Grantee. 1Small Business Support Grant Agreement Rev .Dec.2A23 154 IN WTTNESS WHEREOF' the Parties and year first above written' CITY OF BOYI{TON BEACI{ ATTEST: Maylee De Jesus, CitY Clerk APPROVED AS TO LEGAL FORM: Office of the City AttorneY hereto have executed this Agreement as of the date GRANTEE (coRPoRATE SEAL) ISmall Business Support Grant Agreement Rev. De*.2023 By: Print: Title: Print 155 156 157 158 159 160 161 162 163 CITY OF BOYNTON BEACH SMALL BUSINESS S THIS AGREEMENT is made this 紺f day ofDecemb OF BOYNTON BEACH, a FIorida municipal coIPOration, h Asian World Market hereinafter referrcrd to as “Grantee” “Pa血es’与 WITNESSET WHEREAS, it is the policy ofthe City to stimulate the City’s municipal boundaries; and WHEREAS, The City’s Small Business Suppo PrOVides City funding to support new and existing small OPerations within the City, Which is beneficial to the local WHEREAS, the City Commission of the City of use of public funds toward the achievement of such eco Public purpose; and WHEREAS, the Parties desire to enter into Perfomance in accordance with the Grant Program re expenditure of public funds and secure血e public,s interes WHEREAS, the City has detemined that it is in th a municipal and public pu叩ose, to aWard a grant to the Agreement. NOW, THEREFORE, in consideration of the pre contained, the Parties hereby agree as follows: I.　　GRANT AMOUNT City hereby grants to Grantee the sun of $10,00 Su申ect to the tems and conditions of也is Agreement. II.　GRANTEE - S OBLIGATIONS A. Use of Grant Funds. Grantee may utilize the G activities: 」丸siness Equipment_ (the “Authoriz Funds in accordance with the Grant Program COnStitute a breach of this Agreement. Small Business Support Grant Agreement Rev. Dec. 2023 PPORT GRANT AGREEMENT r, 2J22王, by and between the CITY reinafter referred to as “City”,” and (each a “Party” and collectively the nd encourage economic growth within Grant Program (“Grant Program”) usinesses to estal)lish or expand血eir COnOmy; and OyntOn Beach has detemined血at the Omic development goals constitutes a his Agreement to ensure Grantee’s irements and to support血e related and Public-s best interest, and血at it serves Grantee pursuant to血e tems of血is ises and mutual covenants hereinafter 鵜(血e “Grant Funds”). All funding is ant Funds for the fo11owing business d Use”). Failure to expend the Grant guidelines and血is Agreement shall 164 B. C. D. E. Accuracv of ReDreSentatious. Grantee represents and w脚ts that all statements and representations made in comection wi血Grantee’s application, Or Other SuPPOrting docunents subm誼ed to City in comection with this Grant were true and correct when made and are true and correct as ofthe date Grantee executes this Agreement, u皿less otherwise expressly discIosed in whting by Grantee・ Liabilitv for Perfermance. Grar]tee agreeS that it is solely liable to the City for Perfemance under this Agreement㍉md that, in the event of default as solely detemined by the City, Grantee wi11, as mOre SPeCifica11y set forth herein, refund to血e City any monies paid pursuant to this Agreement. Adeq脚te Sta制限. Grantee hereby certifies血at it has or will retain adequate staff to oversee execution of its perfomance obligations under this Agreement/md that execution of each of血ese perfomance obligations is cousistent with Grantee-s ComDliance with Laws. Grantee and its staff shall possess a11 1icenses and pemits required to conduct its business, including federal, State, City, and county licenses and pemits. Grantee shall ∞mPly with all applicable laws, Ordinances, and regulations applicable to Grantee’s Authorized Use and use of the Grant Funds. IⅡ.　PAYMENT PROCEDURES, CONDITIONS A.　Docunentation of ExDenSeS. Grant Funds will be paid by瓜e City to血e Grantee On a reimbursement basis. Grantee shall provide copies of detailed invoices and receipts or proof ofpayment by Grantee for all au血ohzed expenses. B. C. D. 巴. Submittal Deadline. Grantee shall submit a complete request for reimbursement to the City no later than August 15, 2026. Failure to submit by the reimbursement Submittal deadline may result in temination of this Agreement, reVOCation of the Grant award, and Grantee being respousible for the餌I cost of血e Authohzed Use. If血e Grantee fails to comply with any ofthe provisious ofthis Agreement, the City may withhold, temPOrarily, Or Pemanently, all, Or any, unPaid portion of the Grant Funds upon glVmg Written notice to the Grantee, and/or teminate this Agreement and the City shall have no fu血er funding obligation to the Grantee under血is Agreement. The Grantee sha11 repay血e City for a11 unauthorized, i11egal or unlawful receipt of funds, including unlawful and/or unau血orized receipt of funds discovered after the expiration ofthis Agreement. The Grantee shall also be liable to reimburse the City for any lost or stolen funds. In the event the Grantee ceases to exist, Or CeaSeS Or SuSPends its operation for any reason, any remalrmg urxpaid portion of the Grant Funds shall be retained by the Small Business Support Grant Agreement Rev. Dec. 2023 165 F. Cdy and the City shall have no further funding obligation to Grantee with regard to 血ose unpaid funds. The detemination血at the Grantee has ceased or suspended its OPeration sha11 be made solely by the City and Grantee, its successors or assigns in interest, agreeS tO be bound by the City-s detemination. Grant Funds which are to be repaid to the City pursuant to this Agreement, are tO be repaid by delivering to the City a cashier’s check for血e total amount due payal)1e to the City ofBoynton Beach within thirty (30) days after the City’s demand. G.　All coxporate or partnership o能cers and members of Grantee are individually and SeVerally responsible for refunding Grant Funds to the City in the event ofa default. H.　The above provisions do not waive any rights ofthe City or preclude the City from PurSumg any O血er remedy, Which may be available to it under law. No血ing COntained herein shall act as a limitation ofthe City’s right to be repaid in the event the Grantee fails to comply with the tems ofthis Agreement. IV.　DEFAULT/TERMⅡNATI ON A. In the event that a Party fails to comply with the tems ofthis Agreement, Other than payment offunds, then the non-defaulting Party shall provide to the defaulting Party notice ofthe default and the defaulting Party sha11 have ten (10) days w皿in which to initiate action to correct the default and thiny (30) days within which to cure the default to the satisfaction of the non-defaulting Party. B. In the event that the defaulting Party fails to cure the default, the non-defaulting Party shall have the right to teminate this Agreement. The e餓加ive date of the termination sha11 be血e date of the notice of termination. V.　FINANCIAL ACCOUNTABILITY, REPORTS, AND AUDITS The City may have a financial system analysis and an intemal fiscal control evaluation of the Grantee perfemed by Cdy staff or an independent auditing fim empIoyed by the City at any time the City deems necessary to detemine the capabildy of the Grantee to魚scally manage the grant award. Upon completion of all tasks contemplated under血is Agreement, COPies of all docunents and records rela血g to血is Agreement shall be submitted to血e City, if requested. VI.　PE RF ORMAN C E Time is ofthe essence wi血regard to perfemance as set forth in血is Agreement and failure by Grantee to complete perfomance within the times specified, Or Within a reasonable time ifno time is specified herein, Sha11, at the option of血e City without liability, in addition to any of血e City’s rights or remedies, relieve血e City ofany obligation under血is Agreement. Sma11 Business Support Grant Agreement Rev. Dec. 2023 166 VII. INDEMNIFICATION The Grantee agrees to protect, defend, reimburse, indermify and hold血e City, its agents, empIoyees, and elected o縦cers (co11ectively, “Indermified Party") free and hamless at all times from and against any and all claims, liability, eXPenSeS, losses, COStS, fines and damages of any kind’including attomey's fees, COurt COStS, and expenses, including血rough the conclusion of any appe11ate proceedings’and causes of action of every kind and Character against and from City, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Grantee, Or any intentional, reCkless, Or negligent act or omission of Grantee’its oifers, agentS, emPIoyees, Or agentS’arising from, relating to, Or in comection With this Agreement (COllectively, a “Claim”). If any Claim is brought against an Indemnified Party, Grantee shall, uPOn Whtten notice fom City, defend each Indermified Party with counsel satisfactory to City or, at City’s option, Pay for an a備Omey Selected by the City to defend the Indemmified Party. If considered necessary by City and the City A請Omey, any SumS due Grantee under this Agreement may be retained by City until all Claims subject to this indermification obligation have been settled or o血erwise resoIved. Any amount withheld shall not be subject to payment of interest by City. The Grantee recognizes the broad nature of血is indermification and hold hamless clause, and VOluntarily makes this covenant and expressly acknowledges the receipt of good and Valuable consideration provided by血e City in support of血is obligation in accordance wi瓜 the laws of the State of Florida. Grantee-s aforesaid indermification and hold harmless Obligations, Or POrtions or applications血ereo‡ sha11 apply to the fullest extent pemitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the City’its respective agents, emPIoyees, Or O飾cers・ Except to the extent SOVereign imm皿ity may be deemed waived by entering into this Agreement, nOthing herein is intended to serve as a waiver of sovereign immunity by City nor sha11 anything included herein be construed as consent by Cdy to be sued by third parties in any matter ansmg Out Of this Agreement. This paragraph shall survive the expiration or temination of 血e Agreement. VIII. AVAILABILITY OF FUNDS This Agreement is expressly conditioned upon血e availability of funds lawfully appropriated and available for the puIPOSeS Set Out herein as detemined in the sole discretion ofthe City. If funding for血is Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall PreVent the making of contracts with a tem of more than one year, but any co血act so made shall be executory only for the value of the services to be rendered or paid for in SuCCeeding fiscal years. In the event funds to finance血is Agreement become unavailable, the City may teminate this Agreement upon no less than twenty-four (24) hours ’notice to Grantee. The City shall be the sole and final authority as to the availability of funds. IX.　REMEDIE S Small Business Support Grant Agreement Rev. Dec. 2023 167 This Agreement shall be govemed by血e laws of the State of FIorida. Any and all legal action necessary to enforce血e Agreement will be held exclusively in Palm Beach County. No remedy herein conferred upon any Party is intended to be exclusive of any other remedy, and each and every such remedy sha11 be cunulative and shall be in addition to every o瓜er remedy given hereunder or now or hereafter existing at law or in equity or 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. X.　　CIVIL RIGHTS COMPLIANCE The Grantee warrants and represents血at all of its empIoyees are treated equally during empIoyment without regard to race, COIor, religion, disability, SeX, age, national origin, ancestry, marital status, Or SeXual orientation. XI.　FEES,COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, Or because of an a11eged dispute, breach, default or misrepresentation in comection w皿 any provisions of血is Agreement,血e successful or prevailing party or parties sha11 be entitled to recover reasonable attomeys当ees, COurt COStS and a11 expenses (including taxes) even if not taxable as court costs (including, Without limitation, a11 such fees, COStS and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, PrOVided, however, that this clause Pertains only to the Parties to this Agreement. X|I. SEVERABILITY If any tem or provision of this Agreement, Or the application thereof to any person or Circumstances sha11, tO any eXtent, be held invalid or unenforceable, the remainder of this Agreement, Or血e application of such tems or provision, tO PerSOnS Or Circunstances other than those as to which it is held invalid or unenforceable, Shall not be aifected, and every Other tem and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XIⅡ. ENTIRE AGREEMENT The Parties agree that this Agreement sets forth the entire Agreement between the Parties, and that there are no promises or understandings other than those stated herein. None of 血e provisions, temS and conditions contained in this Agreement may be added to, modified, SuPerSeded or othervise altered, eXCePt by w血en instrument executed by the Parties hereto. Small Business Support Grant Agreement Rev. Dec. 2023 168 ⅩrV. NOTICE All notice required in this Agreement sha11 be sent by certified mail, retun reCeipt requested, and if sent to血e City sha11 be mailed to: Gigi Chazu, Economic Development Director City of Boynton Beach P.○○ Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6014 Facsimile (561) 742-601 1 With a copy to: Shawna Lamb, City Attomey P.0. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-605 1 Facsimile (561) 742-601 1 and if sent to the Grantee shall be mailed to (Current O飾cial address): 1899 W Wbolbright Rd, Boynton Beach XV. MISCELLANEOUS TERJMS A. IndeDendent Co血actor" Grantee is an independent contractor ofCity, and no瓜ing in this Agreement shall constitute or create a partnership, joint ventur・e, Or any Other relationship between血e Parties. In perfoming the Au血orized Uses, neither Grantee nor its agents Shall act as o塙cers, emPIoyees, Or agentS OfCity. Grantee sha11 not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. B. Re帥Iatorv CaDaCitv. Notwithstanding the fact that City is a municipal coaporation with Certain regulatory authority’City,s perfomance皿der this Agreement is as a Party to this Agreement and not in its regulatory capacity. If City exercises its regulatory au血ority, the exercise of such authority and the enforcement of applicable law shall have oocurred Pursuant tO City’s regulatory authority as a goverrmental body separate and apart from this Agreement㍉md shall not be attributable in any mamer to City as a Party to this Agreement. C. Third-Partv Beneficiaries. Neither Party intends to primarily or directly benefit a血ird Party by this Agreement・ Therefore, the Parties acknowledge that血ere are no third-Party beneficiaries to this Agreement and that no皿rd party sha11 be entitled to assert a right or Claim against either of them based upon血is Agreement. Small Business Support Grant Agreement Rev. Dec. 2023 169 D. Assi理ment. nei血er址s Agreement nor any right or interest in it may be assigned, trausferred, Subcontracted, Or enCunbered by Grantee without血e prior written consent of City. Any assigrment, tranSfer, enCunbrance, Or Subcontract in violation of this section Shall be void and ineffective, COnStitute a breach of this Agreement, and pemit City to immediately teminate址s Agreement, in addition to any other remedies available to City at law or in equity. City reserves血e right to condition its approval of any assigment, trausfer, enCunbrance’Or Subcontract upon further due diligence・ E. En舶es ofForeim Concem・ Grantee represents and ce舶es (i) Grantee is not owned by the goverment of a foreign country of concem; (ii) the goverrment of a foreign country Of concem does not have a contro11ing interest in Grantee; and (iii) Grantee is not Organized under the laws of; and does not have its principal place ofbusiness in, a foreign COuntry Of concem・ On or before the date Grantee requests payment of the Grant Funds, Grantee shall submit to City an executed a飾davit, under penalty ofpe車ury and in a fom approved by City, atteSting血at Grantee does not meet any of the criteria in section 288.0071(1)(d), FIorida Statutes. Tem!鵬in皿s section血at are not otherwise defined in this Agreement shall have the meamngS aSCribed to such terms in section 288.0071, FIorida Statutes. F. Joint PreDaration. This Agreement has been jointly prepared by血e Parties, and shall not be construed more strictly against either Party. G.血terpretation.皿e titles and headings contained in皿s Agreement are for reference PuapOSeS Only and shall not in any way a鮪act the meanmg or inteapretation of this Agreement. A11 personal pronouns used in this Agreement shall include any other gender, and the singuhar shall include the plural, and vice versa, unless the context otherwise requires. Tems such as `therein" refer to皿s Agreement as a whole and not to any Particular sentence, Paragraph, Or SeCtion where they appear, unless血e context o血erwise requires. Whenever reference is made to a section or article of this Agreement, SuCh reference is to the section or article as a whole, including all subsectious thereof; unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to `鮎ys" meaus calendar days, unless otherwise expressly stated. Any reference to approval by City shall req血e approval in writing, unless otherwise expressly St加ed. H. Priority ofProvis重さIfthere is a co血ict or inconsistency between any tem, Statement, requirement, Or PrOVision of any docment or exhibit attached to, referenced by, Or incoIPOrated in this Agreement and any provision within an article or section of this Agreement, the article or section shall prevail and be given effect. I・ Amendments. Unless expressly authorized herein’nO mOdification, amendment, Or alteration of any portion of皿s Agreement is effective皿1ess contained in a written document executed with the same or similar fomality as this Agreement and by duly au血orized representatives of City and Grantee. Sma11 Business Support Grant Agreement Rev. Dec. 2023 170 IN WITNESS WHEREOF’the parties hereto have executed this Agreement as ofthe date and year first above written. CITY OF BOYNTON BEACH Pr血t : Name: ATTEST : Maylee De Jesus, City Clerk APPROVED AS TO LEGAL FORM: O縦ce ofthe Cdy Attomey Small Business Support Grant Agreement Rev. Dec. 2023 GRANTE E A5I竹村　上胸尼しD　初雁み〇・一 誌繍篠 Title: A明色之- 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 CITY OF BOYNTON BEACH SMALL BUSINESS SUPPORT GRANT AGREEMENT THIS AGREEMENT is made this ..JJi.__ day of December, 2 0 2 5, by and between the CITY OF BOYNTON BEACH , a Florida municipal corporation, hereinafter referred to as "City"," and Medwear Uniforms West Inc hereinafter referred to as "Grantee" (each a "Party" and collectively the "Parties"). W I TN E S S E T H: WHEREAS, it is the policy of the City to stimulate and encourage economic growth within the City's municipal boundaries; and WHEREAS, The City's Small Business Support Grant Program ("Grant Program") provides City funding to support new and existing small businesses to establish or expand their operations within the City, which is beneficial to the local economy; and WHEREAS, the City Commission of the City of Boynton Beach has determined that the use of public funds toward the achievement of such economic development goals constitutes a public purpose; and WHEREAS, the Parties desire to enter into this Agreement to ensure Grantee's performance in accordance with the Grant Program requirements and to support the related expenditure of public funds and secure the public's interest; and WHEREAS, the City has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the Grantee pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the Parties hereby agree as follows: I. GRANT AMOUNT City hereby grants to Grantee the sum of $10,000_ (the "Grant Funds"). All funding is subject to the terms and conditions of this Agreement. II. GRANTEE'S OBLIGATIONS A. Use of Grant Funds. Grantee may utilize the Grant Funds for the following business activities: _Inventory_ (the "Authorized Use"). Failure to expend the Grant Funds in accordance with the Grant Program guidelines and this Agreement shall constitute a breach of this Agreement. Small Business Support Grant Agreement Rev. Dec. 2023 1 196 B. Accuracy of Representations. Grantee represents and warrants that all statements and representations made in connection with Grantee's application, or other supporting documents submitted to City in connection with this Grant were true and correct when made and are true and correct as of the date Grantee executes this Agreement, unless otherwise expressly disclosed in writing by Grantee. C. Liability for Performance. Grantee agrees that it is solely liable to the City for performance under this Agreement, and that, in the event of default as solely determined by the City, Grantee will, as more specifically set forth herein, refund to the City any monies paid pursuant to this Agreement. D. Adequate Staffing. Grantee hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with Grantee's mission. E. Compliance with Laws. Grantee and its staff shall possess all licenses and permits required to conduct its business, including federal, state, city, and county licenses and permits. Grantee shall comply with all applicable laws, ordinances, and regulations applicable to Grantee's Authorized Use and use of the Grant Funds. III. PAYMENT PROCEDURES, CONDITIONS A. B. C. D. E. Documentation of Expenses. Grant Funds will be paid by the City to the Grantee on a reimbursement basis. Grantee shall provide copies of detailed invoices and receipts or proof of payment by Grantee for all authorized expenses. Submittal Deadline. Grantee shall submit a complete request for reimbursement to the City no later than August 15, 2026. Failure to submit by the reimbursement submittal deadline may result in termination of this Agreement, revocation of the Grant award, and Grantee being responsible for the full cost of the Authorized Use. If the Grantee fails to comply with any of the provisions of this Agreement, the City may withhold, temporarily, or permanently, all, or any, unpaid portion of the Grant Funds upon giving written notice to the Grantee, and/or terminate this Agreement and the City shall have no further funding obligation to the Grantee under this Agreement. The Grantee shall repay the City for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The Grantee shall also be liable to reimburse the City for any lost or stolen funds . In the event the Grantee ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of the Grant Funds shall be retained by the Small Business Support Grant Agreement Rev. Dec. 2023 2 197 City and the City shall have no further funding obligation to Grantee with regard to those unpaid funds. The determination that the Grantee has ceased or suspended its operation shall be made solely by the City and Grantee, its successors or assigns in interest, agrees to be bound by the City's determination. F. Grant Funds which are to be repaid to the City pursuant to this Agreement, are to be repaid by delivering to the City a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days after the City's demand. G. All corporate or partnership officers and members of Grantee are individually and severally responsible for refunding Grant Funds to the City in the event of a default. H. The above provisions do not waive any rights of the City or preclude the City from pursuing any other remedy, which may be available to it under law. Nothing contained herein shall act as a limitation of the City's right to be repaid in the event the Grantee fails to comply with the terms of this Agreement. IV. DEFAULTffERMINATION A. In the event that a Party fails to comply with the terms of this Agreement, other than payment of funds , then the non-defaulting Party shall provide to the defaulting Party notice of the default and the defaulting Party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non-defaulting Party. B. In the event that the defaulting Party fails to cure the default, the non-defaulting Party shall have the right to terminate this Agreement. The effective date of the termination shall be the date of the notice of termination. V. FINANCIAL ACCOUNT ABILITY, REPORTS, AND AUDITS The City may have a financial system analysis and an internal fiscal control evaluation of the Grantee performed by City staff or an independent auditing firm employed by the City at any time the City deems necessary to determine the capability of the Grantee to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the City, if requested. VI. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by Grantee to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the City without liability , in addition to any of the City's rights or remedies, relieve the City of any obligation under this Agreement. Small Business Support Grant Agreement Rev. Dec. 2023 3 198 VII. INDEMNIFICATION The Grantee agrees to protect, defend, reimburse, indemnify and hold the City , its agents, employees, and elected officers (collectively, "Indemnified Party") free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages of any kind, including attorney's fees, court costs, and expenses, including through the conclusion of any appellate proceedings, and causes of action of every kind and character against and from City, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Grantee, or any intentional, reckless, or negligent act or omission of Grantee, its offers, agents, employees, or agents, arising from, relating to, or in connection with this Agreement (collectively, a "Claim"). If any Claim is brought against an Indemnified Party, Grantee shall, upon written notice form City, defend each Indemnified Party with counsel satisfactory to City or, at City 's option, pay for an attorney selected by the City to defend the Indemnified Party. If considered necessary by City and the City Attorney, any sums due Grantee under this Agreement may be retained by 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 City. The Grantee recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the City in support of this obligation in accordance with the laws of the State of Florida. Grantee's aforesaid indemnification and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, employees, or officers. 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. This paragraph shall survive the expiration or termination of the Agreement. VIII. AVAILABILITY OF FUNDS This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours ' notice to Grantee. The City shall be the sole and final authority as to the availability of funds. IX. REMEDIES Small Business Support Grant Agreement Rev. Dec. 2023 4 199 This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held exclusively in Palm Beach County. 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 or 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. X. CIVIL RIGHTS COMPLIANCE The Grantee warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XI. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees , costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the Parties to this Agreement. XII. SEVERABILITY 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 te1m and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XIII. ENTIRE AGREEMENT The Parties agree that this Agreement sets forth the entire Agreement between the Parties , and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to , modified, superseded or otherwise altered, except by written instrument execut ed by the parties hereto. Small Business Support Grant Agreement Rev. Dec. 2023 5 200 XIV.NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City shall be mailed to: Gigi Chazu, Economic Development Director City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6014 Facsimile (561) 742-6011 with a copy to: Shawna Lamb, City Attorney P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6051 Facsimile (561) 742 -6011 and if sent to the Grantee shall be mailed to ( current official address): 1000 Gateway Blvd Suite 103, Boynton Beach XV.MISCELLANEOUS TERMS A. Independent Contractor. Grantee is an independent contractor of City, and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. In performing the Authorized Uses, neither Grantee nor its agents shall act as officers, employees, or agents of City. Grantee shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. B. Regulatory Capacity. Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City's performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to City 's regulatory authority as a governmental body separate and apart from this Agreement, and shall not be attributable in any manner to City as a Party to this Agreement. C. Third-Party Beneficiaries. Neither Party 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. Small Business Support Grant Agreement Rev. Dec. 2023 6 201 D. Assignment. neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted, or encumbered by Grantee without the prior written consent of City. Any assignment, transfer, encumbrance, or subcontract in violation ohhis sect ion shall be void and ineffective, constitute a breach of this Agreement, and permit City to immediately terminate this Agreement, in addition to any other remedies available to City at law or in equity. City reserves the right to condition its approval of any assignment, transfer, encumbrance, or subcontract upon further due diligence. E. Entities of Foreign Concern. Grantee represents and certifies (i) Grantee 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 Grantee; and (iii) Grantee 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 date Grantee requests payment of the Grant Funds , Grantee shall submit to City an executed affidavit, under penalty of perjury and in a form approved by City, attesting that Grantee does not meet any of the criteria in section 288.0071(1)(d), Florida Statutes. Terms use in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in section 288.0071 , Florida Statutes. F. Joint Preparation. This Agreement has been jointly prepared by the Parties, and shall not be construed more strictly against either Party . G. Intemretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein" refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to "days" means calendar days, unless otherwise expressly stated. Any reference to approval by City shall require approval in writing, unless otherwise expressly stated. H . Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to , referenced by , or incorporated in this Agreement and any provision within an article or section of this Agreement, the article or section shall prevail and be given effect. I. Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of City and Grantee. Small Bus iness Support Grant Agreement R ev. Dec. 2023 7 202 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY OF BOYNTON BEACH GRANTEE By:. ____________ _ Print: ___________ _ Name:. ___________ _ ATTEST: Maylee De Jesus, City Clerk APPROVED AS TO LEGAL FORM: (CORPORATE SEAL) Office of the City Attorney Small Business Support Grant Agreement Rev. Dec. 2023 8 203 1Small Business Support Grant Agreement Rev. Dec. 2023 CITY OF BOYNTON BEACH SMALL BUSINESS SUPPORT GRANT AGREEMENT THIS AGREEMENT is made this ## day of December, 2 0 2 5 , by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as “City”,” and Auravie Med Spa_ hereinafter referred to as “Grantee” (each a “Party” and collectively the “Parties”). W I T N E S S E T H: WHEREAS, it is the policy of the City to stimulate and encourage economic growth within the City's municipal boundaries; and WHEREAS, The City’s Small Business Support Grant Program (“Grant Program”) provides City funding to support new and existing small businesses to establish or expand their operations within the City, which is beneficial to the local economy; and WHEREAS, the City Commission of the City of Boynton Beach has determined that the use of public funds toward the achievement of such economic development goals constitutes a public purpose; and WHEREAS, the Parties desire to enter into this Agreement to ensure Grantee’s performance in accordance with the Grant Program requirements and to support the related expenditure of public funds and secure the public’s interest; and WHEREAS, the City has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the Grantee pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the Parties hereby agree as follows: I.GRANT AMOUNT City hereby grants to Grantee the sum of $10,000_ (the “Grant Funds”). All funding is subject to the terms and conditions of this Agreement. II.GRANTEE'S OBLIGATIONS A.Use of Grant Funds. Grantee may utilize the Grant Funds for the following business activities: _Interior/Exterior Commercial Property Renovations_ (the “Authorized Use”). Failure to expend the Grant Funds in accordance with the Grant Program guidelines and this Agreement shall constitute a breach of this Agreement. 204 1Small Business Support Grant Agreement Rev. Dec. 2023 B.Accuracy of Representations. Grantee represents and warrants that all statements and representations made in connection with Grantee’s application, or other supporting documents submitted to City in connection with this Grant were true and correct when made and are true and correct as of the date Grantee executes this Agreement, unless otherwise expressly disclosed in writing by Grantee. C.Liability for Performance. Grantee agrees that it is solely liable to the City for performance under this Agreement, and that, in the event of default as solely determined by the City, Grantee will, as more specifically set forth herein, refund to the City any monies paid pursuant to this Agreement. D.Adequate Staffing. Grantee hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with Grantee's mission. E.Compliance with Laws. Grantee and its staff shall possess all licenses and permits required to conduct its business, including federal, state, city, and county licenses and permits. Grantee shall comply with all applicable laws, ordinances, and regulations applicable to Grantee’s Authorized Use and use of the Grant Funds. III.PAYMENT PROCEDURES, CONDITIONS A.Documentation of Expenses. Grant Funds will be paid by the City to the Grantee on a reimbursement basis. Grantee shall provide copies of detailed invoices and receipts or proof of payment by Grantee for all authorized expenses. B.Submittal Deadline. Grantee shall submit a complete request for reimbursement to the City no later than August 15, 2026. Failure to submit by the reimbursement submittal deadline may result in termination of this Agreement, revocation of the Grant award, and Grantee being responsible for the full cost of the Authorized Use. C.If the Grantee fails to comply with any of the provisions of this Agreement, the City may withhold, temporarily, or permanently, all, or any, unpaid portion of the Grant Funds upon giving written notice to the Grantee, and/or terminate this Agreement and the City shall have no further funding obligation to the Grantee under this Agreement. D.The Grantee shall repay the City for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The Grantee shall also be liable to reimburse the City for any lost or stolen funds. E.In the event the Grantee ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of the Grant Funds shall be retained by the 205 1Small Business Support Grant Agreement Rev. Dec. 2023 City and the City shall have no further funding obligation to Grantee with regard to those unpaid funds. The determination that the Grantee has ceased or suspended its operation shall be made solely by the City and Grantee, its successors or assigns in interest, agrees to be bound by the City's determination. F.Grant Funds which are to be repaid to the City pursuant to this Agreement, are to be repaid by delivering to the City a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days after the City's demand. G.All corporate or partnership officers and members of Grantee are individually and severally responsible for refunding Grant Funds to the City in the event of a default. H.The above provisions do not waive any rights of the City or preclude the City from pursuing any other remedy, which may be available to it under law. Nothing contained herein shall act as a limitation of the City's right to be repaid in the event the Grantee fails to comply with the terms of this Agreement. IV.DEFAULT/TERMINATION A.In the event that a Party fails to comply with the terms of this Agreement, other than payment of funds, then the non-defaulting Party shall provide to the defaulting Party notice of the default and the defaulting Party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non-defaulting Party. B.In the event that the defaulting Party fails to cure the default, the non-defaulting Party shall have the right to terminate this Agreement. The effective date of the termination shall be the date of the notice of termination. V.FINANCIAL ACCOUNTABILITY, REPORTS, AND AUDITS The City may have a financial system analysis and an internal fiscal control evaluation of the Grantee performed by City staff or an independent auditing firm employed by the City at any time the City deems necessary to determine the capability of the Grantee to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the City, if requested. VI.PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by Grantee to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the City without liability, in addition to any of the City's rights or remedies, relieve the City of any obligation under this Agreement. 206 1Small Business Support Grant Agreement Rev. Dec. 2023 VII.INDEMNIFICATION The Grantee agrees to protect, defend, reimburse, indemnify and hold the City, its agents, employees, and elected officers (collectively, “Indemnified Party”) free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages of any kind, including attorney's fees, court costs, and expenses, including through the conclusion of any appellate proceedings, and causes of action of every kind and character against and from City, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Grantee, or any intentional, reckless, or negligent act or omission of Grantee, its offers, agents, employees, or agents, arising from, relating to, or in connection with this Agreement (collectively, a “Claim”). If any Claim is brought against an Indemnified Party, Grantee shall, upon written notice form City, defend each Indemnified Party with counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City to defend the Indemnified Party. If considered necessary by City and the City Attorney, any sums due Grantee under this Agreement may be retained by 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 City. The Grantee recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the City in support of this obligation in accordance with the laws of the State of Florida. Grantee's aforesaid indemnification and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, employees, or officers. 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. This paragraph shall survive the expiration or termination of the Agreement. VIII.AVAILABILITY OF FUNDS This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours’ notice to Grantee. The City shall be the sole and final authority as to the availability of funds. IX.REMEDIES 207 1Small Business Support Grant Agreement Rev. Dec. 2023 This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held exclusively in Palm Beach County. 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 or 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. X.CIVIL RIGHTS COMPLIANCE The Grantee warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XI.FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the Parties to this Agreement. XII.SEVERABILITY 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. XIII.ENTIRE AGREEMENT The Parties agree that this Agreement sets forth the entire Agreement between the Parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 208 1Small Business Support Grant Agreement Rev. Dec. 2023 XIV.NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City shall be mailed to: Gigi Chazu, Economic Development Director City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6014 Facsimile (561) 742-6011 with a copy to: Shawna Lamb, City Attorney P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6051 Facsimile (561) 742-6011 and if sent to the Grantee shall be mailed to (current official address): 2276 N Congress Ave, Boynton Beach XV.MISCELLANEOUS TERMS A.Independent Contractor. Grantee is an independent contractor of City, and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. In performing the Authorized Uses, neither Grantee nor its agents shall act as officers, employees, or agents of City. Grantee shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. B.Regulatory Capacity. Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City’s performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to City’s regulatory authority as a governmental body separate and apart from this Agreement, and shall not be attributable in any manner to City as a Party to this Agreement. C.Third-Party Beneficiaries. Neither Party 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. 209 1Small Business Support Grant Agreement Rev. Dec. 2023 D.Assignment. neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted, or encumbered by Grantee without the prior written consent of City. Any assignment, transfer, encumbrance, or subcontract in violation of this section shall be void and ineffective, constitute a breach of this Agreement, and permit City to immediately terminate this Agreement, in addition to any other remedies available to City at law or in equity. City reserves the right to condition its approval of any assignment, transfer, encumbrance, or subcontract upon further due diligence. E.Entities of Foreign Concern. Grantee represents and certifies (i) Grantee 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 Grantee; and (iii) Grantee 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 date Grantee requests payment of the Grant Funds, Grantee shall submit to City an executed affidavit, under penalty of perjury and in a form approved by City, attesting that Grantee does not meet any of the criteria in section 288.0071(1)(d), Florida Statutes. Terms use in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in section 288.0071, Florida Statutes. F.Joint Preparation. This Agreement has been jointly prepared by the Parties, and shall not be construed more strictly against either Party. G.Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as “herein” refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to “days” means calendar days, unless otherwise expressly stated. Any reference to approval by City shall require approval in writing, unless otherwise expressly stated. H.Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision within an article or section of this Agreement, the article or section shall prevail and be given effect. I.Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of City and Grantee. 210 1Small Business Support Grant Agreement Rev. Dec. 2023 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY OF BOYNTON BEACH GRANTEE By:By: Print:Print: Name:Title: ATTEST:ATTEST: Maylee De Jesus, City Clerk Print Name: Title: APPROVED AS TO LEGAL FORM: (CORPORATE SEAL) Office of the City Attorney 211 212 213 214 215 216 217 218 219 1 Small Business Support Grant Agreement Rev. Dec. 2023 CITY OF BOYNTON BEACH SMALL BUSINESS SUPPORT GRANT AGREEMENT THIS AGREEMENT is made this day of December, 2025, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as “City”,” and Margo's Kitchen_ hereinafter referred to as “Grantee” (each a “Party” and collectively the “Parties”). W I T N E S S E T H: WHEREAS, it is the policy of the City to stimulate and encourage economic growth within the City's municipal boundaries; and WHEREAS, The City’s Small Business Support Grant Program (“Grant Program”) provides City funding to support new and existing small businesses to establish or expand their operations within the City, which is beneficial to the local economy; and WHEREAS, the City Commission of the City of Boynton Beach has determined that the use of public funds toward the achievement of such economic development goals constitutes a public purpose; and WHEREAS, the Parties desire to enter into this Agreement to ensure Grantee’s performance in accordance with the Grant Program requirements and to support the related expenditure of public funds and secure the public’s interest; and WHEREAS, the City has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the Grantee pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the Parties hereby agree as follows: I.GRANT AMOUNT City hereby grants to Grantee the sum of $5,000_ (the “Grant Funds”). All funding is subject to the terms and conditions of this Agreement. II.GRANTEE'S OBLIGATIONS A.Use of Grant Funds. Grantee may utilize the Grant Funds for the following business activities: _ Rent Reimbursement_ (the “Authorized Use”). Failure to expend the Grant Funds in accordance with the Grant Program guidelines and this Agreement shall constitute a breach of this Agreement. 220 2 Small Business Support Grant Agreement Rev. Dec. 2023 B. Accuracy of Representations. Grantee represents and warrants that all statements and representations made in connection with Grantee’s application, or other supporting documents submitted to City in connection with this Grant were true and correct when made and are true and correct as of the date Grantee executes this Agreement, unless otherwise expressly disclosed in writing by Grantee. C. Liability for Performance. Grantee agrees that it is solely liable to the City for performance under this Agreement, and that, in the event of default as solely determined by the City, Grantee will, as more specifically set forth herein, refund to the City any monies paid pursuant to this Agreement. D. Adequate Staffing. Grantee hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with Grantee's mission. E. Compliance with Laws. Grantee and its staff shall possess all licenses and permits required to conduct its business, including federal, state, city, and county licenses and permits. Grantee shall comply with all applicable laws, ordinances, and regulations applicable to Grantee’s Authorized Use and use of the Grant Funds. III. PAYMENT PROCEDURES, CONDITIONS A. Documentation of Expenses. Grant Funds will be paid by the City to the Grantee on a reimbursement basis. Grantee shall provide copies of detailed invoices and receipts or proof of payment by Grantee for all authorized expenses. B. Submittal Deadline. Grantee shall submit a complete request for reimbursement to the City no later than August 15, 2026. Failure to submit by the reimbursement submittal deadline may result in termination of this Agreement, revocation of the Grant award, and Grantee being responsible for the full cost of the Authorized Use. C. If the Grantee fails to comply with any of the provisions of this Agreement, the City may withhold, temporarily, or permanently, all, or any, unpaid portion of the Grant Funds upon giving written notice to the Grantee, and/or terminate this Agreement and the City shall have no further funding obligation to the Grantee under this Agreement. D. The Grantee shall repay the City for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The Grantee shall also be liable to reimburse the City for any lost or stolen funds. E. In the event the Grantee ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of the Grant Funds shall be retained by the 221 3 Small Business Support Grant Agreement Rev. Dec. 2023 City and the City shall have no further funding obligation to Grantee with regard to those unpaid funds. The determination that the Grantee has ceased or suspended its operation shall be made solely by the City and Grantee, its successors or assigns in interest, agrees to be bound by the City's determination. F. Grant Funds which are to be repaid to the City pursuant to this Agreement, are to be repaid by delivering to the City a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days after the City's demand. G. All corporate or partnership officers and members of Grantee are individually and severally responsible for refunding Grant Funds to the City in the event of a default. H. The above provisions do not waive any rights of the City or preclude the City from pursuing any other remedy, which may be available to it under law. Nothing contained herein shall act as a limitation of the City's right to be repaid in the event the Grantee fails to comply with the terms of this Agreement. IV. DEFAULT/TERMINATION A. In the event that a Party fails to comply with the terms of this Agreement, other than payment of funds, then the non-defaulting Party shall provide to the defaulting Party notice of the default and the defaulting Party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non-defaulting Party. B. In the event that the defaulting Party fails to cure the default, the non-defaulting Party shall have the right to terminate this Agreement. The effective date of the termination shall be the date of the notice of termination. V. FINANCIAL ACCOUNTABILITY, REPORTS, AND AUDITS The City may have a financial system analysis and an internal fiscal control evaluation of the Grantee performed by City staff or an independent auditing firm employed by the City at any time the City deems necessary to determine the capability of the Grantee to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the City, if requested. VI. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by Grantee to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the City without liability, in addition to any of the City's rights or remedies, relieve the City of any obligation under this Agreement. 222 4 Small Business Support Grant Agreement Rev. Dec. 2023 VII. INDEMNIFICATION The Grantee agrees to protect, defend, reimburse, indemnify and hold the City, its agents, employees, and elected officers (collectively, “Indemnified Party”) free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages of any kind, including attorney's fees, court costs, and expenses, including through the conclusion of any appellate proceedings, and causes of action of every kind and character against and from City, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Grantee, or any intentional, reckless, or negligent act or omission of Grantee, its offers, agents, employees, or agents, arising from, relating to, or in connection with this Agreement (collectively, a “Claim”). If any Claim is brought against an Indemnified Party, Grantee shall, upon written notice form City, defend each Indemnified Party with counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City to defend the Indemnified Party. If considered necessary by City and the City Attorney, any sums due Grantee under this Agreement may be retained by 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 City. The Grantee recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the City in support of this obligation in accordance with the laws of the State of Florida. Grantee's aforesaid indemnification and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, employees, or officers. 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. This paragraph shall survive the expiration or termination of the Agreement. VIII. AVAILABILITY OF FUNDS This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours’ notice to Grantee. The City shall be the sole and final authority as to the availability of funds. IX. REMEDIES 223 5 Small Business Support Grant Agreement Rev. Dec. 2023 This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held exclusively in Palm Beach County. 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 or 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. X. CIVIL RIGHTS COMPLIANCE The Grantee warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XI. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the Parties to this Agreement. XII. SEVERABILITY 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. XIII. ENTIRE AGREEMENT The Parties agree that this Agreement sets forth the entire Agreement between the Parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 224 6 Small Business Support Grant Agreement Rev. Dec. 2023 XIV. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City shall be mailed to: Gigi Chazu, Economic Development Director City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6014 Facsimile (561) 742-6011 with a copy to: Shawna Lamb, City Attorney P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6051 Facsimile (561) 742-6011 and if sent to the Grantee shall be mailed to (current official address): 4735 N Congress Avenue, Boynton Beach XV. MISCELLANEOUS TERMS A. Independent Contractor. Grantee is an independent contractor of City, and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. In performing the Authorized Uses, neither Grantee nor its agents shall act as officers, employees, or agents of City. Grantee shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. B. Regulatory Capacity. Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City’s performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to City’s regulatory authority as a governmental body separate and apart from this Agreement, and shall not be attributable in any manner to City as a Party to this Agreement. C. Third-Party Beneficiaries. Neither Party 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. 225 7 Small Business Support Grant Agreement Rev. Dec. 2023 D. Assignment. neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted, or encumbered by Grantee without the prior written consent of City. Any assignment, transfer, encumbrance, or subcontract in violation of this section shall be void and ineffective, constitute a breach of this Agreement, and permit City to immediately terminate this Agreement, in addition to any other remedies available to City at law or in equity. City reserves the right to condition its approval of any assignment, transfer, encumbrance, or subcontract upon further due diligence. E. Entities of Foreign Concern. Grantee represents and certifies (i) Grantee 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 Grantee; and (iii) Grantee 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 date Grantee requests payment of the Grant Funds, Grantee shall submit to City an executed affidavit, under penalty of perjury and in a form approved by City, attesting that Grantee does not meet any of the criteria in section 288.0071(1)(d), Florida Statutes. Terms use in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in section 288.0071, Florida Statutes. F. Joint Preparation. This Agreement has been jointly prepared by the Parties, and shall not be construed more strictly against either Party. G. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as “herein” refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to “days” means calendar days, unless otherwise expressly stated. Any reference to approval by City shall require approval in writing, unless otherwise expressly stated. H. Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision within an article or section of this Agreement, the article or section shall prevail and be given effect. I. Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of City and Grantee. 226 227 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 01/20/2026 Meeting Date: 01/20/2026 Proposed Resolution No. R26-004- Approve a Release of Unity of Title (REUT- 2025.11.7257) for Josie's Restaurant located at 3047 N. Federal Highway, allowing the previously unified parcels to be released in order to proceed with a replat and associated development approvals. Requested Action: Staff recommends approval of Proposed Resolution No. R26-004. Explanation of Request: The subject property located at 3047 N. Federal Highway consists of multiple parcels that were previously unified under a recorded Declaration of Unity of Title. The Unity of Title was recorded to allow the parcels to function as a single development site under prior development assumptions. The applicant has submitted a request to release the Unity of Title in order to allow the property to be replated into separate parcels. This action is necessary to implement the current development approvals pending approval, including the companion Future Land Use Map Amendment, Rezoning, and New Major Site Plan applications associated with the proposed Josie's Restaurant project. Approval of the Release of Unity of Title removes the legal restriction requiring the parcels to remain unified. The release does not approve development on its own, but it allows the property to proceed with the replat process. Any future development of the resulting parcels will remain subject to separate review and approval in accordance with the City's Land Development Regulations and applicable codes. Staff has reviewed the request and finds that the Unity of Title is no longer required to meet City development regulations, and that approval of the release is appropriate to facilitate the proposed replat and associated applications. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: R26-004 Agenda_Item_4129- 2025_Resolution_for_Approval_of_Release_of_Unity_of_Title.docx 228 Exhibit A to Resolution - Release of Unity of Title _ 3047 N Federal Hwy _ Josie's.docx Approval Memo - Josie's Release of Unity of Title - REUT-2025.11.7257.docx Request to Release Unity of Title.pdf Exhibit C - Survey _ 3047 N Federal Hwy _ Josie'sSURVEY.pdf 229 RESOLUTION NO. R26-004 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING THE RELEASE OF UNITY OF TITLE FOR 3 JOSIE’S RESTAURANT LOCATED AT 3047 N. FEDERAL HIGHWAY, 4 ALLOWING THE PREVIOUSLY UNIFIED PARCELS TO BE RELEASED IN 5 ORDER TO PROCEED WITH A REPLAT AND ASSOCIATED 6 DEVELOPMENT APPROVALS; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, Josie’s Restaurant, located at 3047 N. Federal Highway, Boynton Beach, Florida 9 (“Property”), consists of multiple parcels that were previously unified under a recorded Declaration 10 of Unity of Title to allow the parcels to function as a single development site under prior 11 development assumptions; and 12 WHEREAS, the Unity of Title was recorded in the Public Records of Palm Beach County, 13 Florida, on May 12, 2025, in Official Records Book 35740, Page 507; and 14 WHEREAS, Urban Design Studio (“Applicant”) submitted a request to release the Unity of 15 Title to allow the property to be re-platted into several parcels, which is necessary to implement 16 the current development approvals, including the companion Future Land Use Map Amendment, 17 Rezoning, and New Major Site Plan applications associated with the proposed Josie’s Restaurant 18 project; and 19 WHEREAS, approval of the Release of Unity of Title removes the legal restriction requiring 20 the parcels to remain unified and allows the property to proceed with the re-platting process, with 21 any future development of the resulting parcels remaining subject to separate review and 22 approval in accordance with the City’s Land Development Regulations and applicable codes; and 23 WHEREAS, the City of Boynton Beach (“City”) desires to release the Unity of Title from the 24 Property, and City Staff has reviewed the request and finds that the Unity of Title is no longer 25 required to meet City development regulations; and 26 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 27 best interests of the City's citizens and residents to authorize the Mayor to execute the Release of 28 Unity of Title, and have the Release recorded in the Public Records of Palm Beach County, Florida. 29 30 31 32 230 RESOLUTION NO. R26-004 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 the Release of Unity of Title, in form and substance similar to that attached as Exhibit A. 38 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 39 authorize the Mayor to execute the Release of Unity of Title. The Mayor is further authorized to 40 execute any ancillary documents as may be necessary to accomplish the purpose of this 41 Resolution. 42 SECTION 4. Upon execution of the Release of Unity of Title, the City Clerk shall record 43 the Release of Unity of Title in the Public Records of Palm Beach County. The City Clerk shall 44 provide a copy of the recorded Release of Unity of Title to John Stout. 45 SECTION 5. This Resolution shall take effect in accordance with the law. 46 47 [signatures on the following page] 48 231 RESOLUTION NO. R26-004 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 49 CITY OF BOYNTON BEACH, FLORIDA 50 YES NO 51 Mayor – Rebecca Shelton _____ _____ 52 53 Vice Mayor – Woodrow L. Hay _____ _____ 54 55 Commissioner – Angela Cruz _____ _____ 56 57 Commissioner – Thomas Turkin _____ _____ 58 59 Commissioner – Aimee Kelley _____ _____ 60 61 VOTE ______ 62 ATTEST: 63 64 _____________________________ ______________________________ 65 Maylee De Jesús, MPA, MMC Rebecca Shelton 66 City Clerk Mayor 67 68 APPROVED AS TO FORM: 69 (Corporate Seal) 70 71 _______________________________ 72 Shawna G. Lamb 73 City Attorney 74 232 THIS INSTRUMENT BE SHOULD BE RETURNED TO: Christina Bilenk, Esq. Miskel Backman, LLP 14 SE 4th Street, Suite 36 Boca Raton, Florida 33432 (561) 405-23241 RELEASE OF UNITY OF TITLE THIS RELEASE OF UNITY OF TITLE (the “Release”) is made and entered into on the ____ day of ____________, 2025, by the City of Boynton Beach, Florida, a Florida municipal corporation (“City”). WITNESSETH: WHEREAS, a Unity of Title was recorded in the Public Records of Palm Beach County, Florida on May 12, 2025, in Official Records Book 35740, Page 507, a copy of which is attached on Exhibit “A” hereto (“Unity of Title”), against the real property described on Exhibit “B”, attached hereto (the “Property”); WHEREAS, the City desires to release the Unity of Title from the Property; WHEREAS, the administrative head of the Boynton Beach Department of Development has approved this Release; and WHEREAS, the Boynton Beach City Commission has approved this Release. NOW THEREFORE, for a valuable consideration, the sufficiency of which is acknowledged by the execution and acceptance of this Release, the City of Boynton Beach hereby releases the Property from the Unity of Title and declares the Property free and clear of the operation and effect of same. Accordingly, the Unity of Title is hereby deemed released, cancelled, terminated, and shall be of no further force or effect with respect to the Property. [SIGNATURES AND ACKNOWLEDGEMENTS APPEAR ON THE FOLLOWING PAGE] 233 IN WITNESS WHEREOF, the undersigned has executed this Release of Unity of Title, as approved by the Boynton Beach City Commission at its meeting on the _________ day of ______________, 2025. Signed, sealed, and delivered in the presence of: (Signature of First Witness) (Printed Name of First Witness (Address of First Witness) (Signature of Second Witness) (Printed Name of Second Witness) (Address of Second Witness) ATTEST: _________________________________ Maylee de Jesus, City Clerk CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation By: Name: Title: Approved as to form: _________________________________ City Attorney’s Office STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization this _______ day of , 2025, by , as of the City of Boynton Beach, Florida, who [ ] is personally known to me or [ ] has produced ______________________ as identification. _________________________________ (Seal) Notary Public, State of Florida 234 EXHIBIT “A” Copy of Unity of Title 235 236 237 238 EXHIBIT “B” Legal Description of Property All the part of Lot C, of King’s Subdivision, in Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, as per plat recorded in Plat Book 20, Page 47, Palm Beach County Records, except the following part thereof: Beginning at the Southwest (SW) corner of said Lot C, and running thence North along the West line thereof a distance of eighty (80) feet thence Easterly in a straight line to the Southeast (SE) corner of said Lot C; thence running West along the South line of said Lot C to the Point of Beginning and also less the Westerly 17 feet of said Lots. Together with: Lot 1 and Lot 1A of King’s Subdivision, in Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, as per plat recorded in Plat Book 20, Page 47, Public Records of Palm Beach County, Florida; Less the Westerly 17 feet of said lots. Parcel Identification Number: 08-43-46-04-12-000-0140; 04-43-46-04-12-000-0160; 08-43-46-04-12-000- 0150 Containing 58,486.17 Square feet or 1.34 Acres more or less. 239 240 The City of Boynton Beach C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5426ABC6\@BCL@5426ABC6.docx 1 Planning and Zoning Division 100 E Ocean Ave Boynton Beach, Florida 33425 (P): 561-742-6000 www.boynton-beach.org December 30, 2025 Stephanie Setticasi SSRS Ventures, LLC 132 Island Drive Ocean Ridge, Florida 33435 sssetti@gmail.com Re: Release of Unity of Title Project Name: Josie’s Restaurant Property Address: 3047 N Federal Highway Project/Case: REUT-2025.11.7257 Dear Ms. Setticasi, The purpose of this letter is to confirm that the City of Boynton Beach, Development Department , has reviewed and approved the request for Release of Unity of Title for the above-referenced property. The Unity of Title was previously recorded to consolidate multiple parcels for development. Based on the materials submitted and the current development approvals under review, City staff have determined that the Unity of Title is no longer required to comply with applicable City regulations. This approval authorizes the release of the recorded Unity of Title, subject to recordation in the Official Records of Palm Beach County. Approval of the Release of Unity of Title does not constitute approval of any development, subdivision, site plan, or building permit. Any future development of the property remains subject to separate review, approval, and permitting in accordance with the City of Boynton Beach Land Development Regulations and all applicable codes. Please coordinate with the Planning and Zoning Division regarding the required recordation documents and any follow-up procedures associated with this approval. Should you have any questions or need additional information, please contact the Planning and Zoning Division. Sincerely, John Stout, Principal II Enclosed. 241 December 19, 2025 John Stout, Planner II City of Boynton Beach 100 E. Ocean Ave Boynton Beach, FL 33435 Re: Josie’s Restaurant 3047 N Federal Highway Request of Release of Unity of Title Dear Mr. Stout: Please accept this letter as a formal request to release the Unity of Title recorded on May 12, 2025, and in Official Records Book 35740, Page 507, of the Public Records of Palm Beach County, Florida, for the above referenced property. This unity of title must be released prior to allow for the replat of the property and consistency with the proposed rezoning application. Should you have any questions or require further information, please do not hesitate to contact me at bmiller@udsflorida.com or 561-703-5062. Sincerely, URBAN DESIGN STUDIO Bradley Miller Principal/Project Planner 242 Richard N DeanDigitally signed by Richard N Dean Date: 2024.12.07 16:25:21 -05'00'243 City of Boynton Beach Agenda Item Request Form 6.E Consent Agenda 01/20/2026 Meeting Date: 01/20/2026 Proposed Resolution No. R26-005- Approve and authorize the City Manager to sign Amendment #5 to the grant agreement No. S0853 between the Florida Department of Environmental Protection and the City of Boynton Beach for the Oceanfront Park Wastewater Treatment Plant upgrade project. Requested Action: Staff recommends approval of Proposed Resolution No. R26-005. Explanation of Request: Oceanfront Park is located at 3451 North Ocean Boulevard, Ocean Ridge, Florida. The Florida Department of Environmental Protection awarded $300,000 in funding for the Oceanfront Park Wastewater Treatment Plant upgrade project. The City requested changes to the agreement to ensure the project's completion. First, the City proposed removing Deliverable 2-Bidding & Contractor Selection and reallocating the $5,000 budget from this deliverable to Deliverable 4-Construction. The reallocation will bring the total budget for Deliverable 4 to $260,000. This adjustment will not increase the total award amount. All reporting, documentation, and compliance requirements will continue to be met in accordance with the terms of the agreement. Additionally, the City requested an extension until September 30, 2027, for the completion of deadlines for Deliverable 3-Permitting and Deliverable 4-Construction to allow adequate time for the submission of closeout documentation and reimbursement requests. City staff is committed to completing and closing out the project within the next few months. How will this affect city programs or services? The requested amendment will not negatively impact City programs or services. The proposed budget reallocation and extension of the project period will allow the City to complete the project as intended while maintaining compliance with grant requirements. 244 Account Line Item and Description: Grant accounts: 403-3903-535.6504 & 403-0000- 334.31-04 Fiscal Impact: The Florida Department of Environmental Protection offered $300,000 to fund the project. Attachments: R26-005 Agenda_Item_4152-2026_Resolution_for_FDEP_Agmt_S0853_Amd__5.docx Exhibit A to Resolution - S0853 Amendment #5.pdf S0853 Amendment 4 -Fully Executed.pdf S0853 Oceanfront Park Executed Agreement.pdf 245 RESOLUTION NO. R26-005 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AMENDMENT NO. 5 TO GRANT 2 AGREEMENT NO. S0853 BETWEEN THE FLORIDA DEPARTMENT OF 3 ENVIRONMENTAL PROTECTION AND THE CITY OF BOYNTON BEACH 4 FOR THE OCEANFRONT PARK WASTEWATER TREATMENT PLANT 5 UPGRADE PROJECT; AND FOR ALL OTHER PURPOSES. 6 7 8 WHEREAS, on March 1, 2016, the City Commission approved Resolution No. R16-038, 9 approving Agreement No. S0853 between the City and the Florida Department of Environmental 10 Protection (“FDEP”) for funding of the Boynton Beachfront Park Sewer Treatment Plant 11 Replacement; and 12 WHEREAS, the City and FDEP entered into Amendment No. 1 to Agreement No. S0853 13 dated June 28, 2018, extending the Agreement due to delays in developing an updated work plan 14 and scope of work; and 15 WHEREAS, the City and FDEP entered into Amendment No. 2 to Agreement No. S0853 16 dated May 26, 2020, extending the Agreement due to delays caused by COVID-19; and 17 WHEREAS, the City and FDEP entered into Amendment No. 3 to Agreement No. S0853 18 dated May 23, 2022, extending the Agreement due to delays in acquiring supplies and equipment 19 for construction; and 20 WHEREAS, on April 2, 2024, the City Commission approved Resolution No. R24-057 21 approving Amendment No. 4 to Agreement No. S0853 between the City and FDEP amending the 22 Agreement’s scope of work for the project, and the term due to construction delays; and 23 WHEREAS, the parties desire to amend the Agreement to remove a task from the Grant 24 Work Plan, to extend the term, for a budget reallocation for the project, and for other changes; 25 and 26 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 27 best interests of the City's citizens and residents to approve Amendment No. 5 to Grant 28 Agreement No. S0853 between the FDEP and the City for the Oceanfront Park Wastewater 29 Treatment Plant upgrade project. 30 31 246 RESOLUTION NO. R26-005 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 approve Amendment No. 5 to Grant Agreement No. S0853 between the FDEP and the City for the 37 Oceanfront Park Wastewater Treatment Plant upgrade project (the “Amendment”), in form and 38 substance similar to that attached as Exhibit A. 39 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 40 authorizes the City Manager to execute the Amendment. The City Manager is further authorized 41 to execute any ancillary documents as may be necessary to accomplish the purpose of this 42 Resolution. 43 SECTION 4. The City Manager-executed Amendment shall be forwarded to Mirna 44 Crompton to obtain execution of the Amendment by FDEP. Mirna Crompton shall be responsible 45 for ensuring that one fully executed Amendment is returned to the City, to be provided to the 46 Office of the City Attorney for forwarding to the City Clerk for retention as a public record. 47 SECTION 5. This Resolution shall take effect in accordance with the law. 48 [SIGNATURES ON THE FOLLOWING PAGE] 49 50 247 RESOLUTION NO. R26-005 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 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 VOTE ______ 64 ATTEST: 65 66 _____________________________ ______________________________ 67 Maylee De Jesús, MPA, MMC Rebecca Shelton 68 City Clerk Mayor 69 70 APPROVED AS TO FORM: 71 (Corporate Seal) 72 73 _______________________________ 74 Shawna G. Lamb 75 City Attorney 76 248 DEP Agreement No. S0853, Amendment No. 5, Page 1 of 3 AMENDMENT NO. 5 TO AGREEMENT NO. S0853 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND CITY OF BOYNTON BEACH This Amendment to Agreement No. S0853 (Agreement), as previously amended, is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and the City of Boynton Beach (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for Boynton Beachfront Park Sewer Treatment Plant Replacement (Project), effective March 22, 2016; and, WHEREAS, the Grantee has requested a budget reallocation for the Project; and, WHEREAS, the Grantee has requested to remove a task from the Grant Work Plan; and, WHEREAS, the Grantee has requested an extension of the Agreement due to construction delays; and, WHEREAS, other changes to the Agreement are necessary; and, WHEREAS, the parties have agreed to amend the Agreement as set forth herein. NOW THEREFORE, the parties agree as follows: 1. Section 2. of the Agreement is hereby revised to change the Date of Expiration to September 30, 2027. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. 2. Section 3.B. of the Agreement is deleted and replaced as follows: This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee’s match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. Attachment A-4, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A-5, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment A shall hereinafter refer to Attachment A-5, Revised Grant Work Plan. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 249 DEP Agreement No. S0853, Amendment No. 5, Page 2 of 3 4. Attachment D-2, Progress Report Form, is hereby deleted in its entirety and replaces with Attachment D-3, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment D shall hereinafter refer to Attachment D-3. 5. Attachment E, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment E-1, Revised Special Audit Requirements, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment E shall hereinafter refer to Attachment E-1, Revised Special Audit Requirements. 6. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 250 DEP Agreement No. S0853, Amendment No. 5, Page 3 of 3 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. CITY OF BOYNTON BEACH By: Authorized Signature Daniel Dugger, City Manager Print Name and Title Date: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secretary or Designee Angela Knecht, Division Director Print Name and Title Date: Kate Pace, DEP Grant Manager Nathan Jagoda, DEP QC Reviewer List of attachments/exhibits included as part of this Amendment: Specify Type Letter/ Number Description Attachment A-5 Revised Grant Work Plan Attachment D-3 Progress Report Form Attachment E-1 Revised Special Audit Requirements 251 DEP Agreement No. S0853, Attachment A-5, Page 1 of 4 ATTACHMENT A-5 REVISED GRANT WORK PLAN PROJECT TITLE: Boynton Beachfront Park Sewer Treatment Plant Replacement PROJECT LOCATION: The Project will be located at 6451 North Ocean Boulevard, Ocean Ridge, Florida in Palm Beach County. The hydrological unit for this project is 03090202 and the water body identifiers are 3226F, 3226F2, and 8098. The project coordinates are Lat/Long (26.5299, -80.0477). See Figure 1 for a location map and site plan. PROJECT BACKGROUND: The existing Rotating Biological Contactor (RBC) treatment system for the wastewater treatment plant (WWTP) at Oceanfront Park was constructed in 1982 for the park and surrounding areas. At that time, there was a much larger flow of water, but the flow has severely diminished due to water conservation and population demographic shifts. As a result, the WWTP is significantly oversized and cannot treat the wastewater flow adequately. PROJECT DESCRIPTION: The City of Boynton Beach (Grantee) will install improvements to the RBC treatment system and WWTP at Oceanfront Park. The RBC improvements will include the replacement of the gear box, motor, pillow blocks, bearings and biozone tube. The other WWTP improvements will include the replacement of existing roof and hatches, installation of new lights and replacement of damaged fixtures, replacement of existing fan, main gate and door replacement for a high velocity hurricane resistance, and chain link fence. The project will also include the replacement of the existing control panel, electrical equipment, aging components along with minor structural repairs around the fan, doorway, and other identified areas within the WWTP. The Grantee does not anticipate that the funding under this Agreement will result in a fully completed project, so this Agreement will cover a portion of the work. TASKS: All documentation should be submitted electronically unless otherwise indicated and should be submitted prior to the expiration of the grant agreement. Task 1: Design and Permitting Deliverables: The Grantee will complete the design of the RBC treatment system and WWTP improvements and obtain all necessary permits for construction of the project. Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date, as provided in the Grantee’s Certification of Payment Request; and 2) a summary of design activities to date, indicating the percentage of design completion for the time period covered in the payment request. For the final documentation, the Grantee will also submit a copy of the design completed with the funding provided for this task and a list of all required permits identifying issue dates and issuing authorities. Performance Standard: The Department’s Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department’s Grant Manager, a payment request may be processed. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 2: Reserved 252 DEP Agreement No. S0853, Attachment A-5, Page 2 of 4 Task 3: Project Management Deliverables: The Grantee will perform project management related to Boynton Beachfront Park Sewer Treatment Plant Replacement, to include field engineering services, construction observation and inspections, site meetings with construction contractor(s) and design professionals, and overall construction coordination and supervision. Documentation: The Grantee will submit a signed summary of activities completed for the period of work covered in the payment request, using the format provided by the Department’s Grant Manager. Upon request by the Department’s Grant Manager, the Grantee will provide additional supporting documentation relating to this task. Performance Standard: The Department’s Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department’s Grant Manager, a payment request may be processed. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 4: Construction Deliverables: The Grantee will construct Boynton Beachfront Park Sewer Treatment Plant Replacement in accordance with the final design. Documentation: The Grantee will submit a signed summary of activities completed for the period of work covered in the payment request, using the format provided by the Department’s Grant Manager. Upon request by the Department’s Grant Manager, the Grantee will provide additional supporting documentation relating to this task. Performance Standard: The Department’s Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department’s Grant Manager, a payment request may be processed. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 253 DEP Agreement No. S0853, Attachment A-5, Page 3 of 4 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task No. Task Title Budget Category Grant Amount Task Start Date Task End Date 1 Design and Permitting Contractual Services $20,000 07/01/2015 06/30/2025 2 Reserved 3 Project Management Contractual Services $20,000 07/01/2015 03/31/2027 4 Construction Contractual Services $260,000 07/01/2015 03/31/2027 Total: $300,000 Note that, per Section 4 of the Agreement, authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds for this project may become unavailable in the future. This should be a consideration for the Grantee with this and future requests for extension. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 254 DEP Agreement No. S0853, Attachment A-5, Page 4 of 4 Figure 1: Location Map and Site Plan 255 Attachment D-3, Page 1 of 1 Rev. 1/19/2024 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Attachment D-3 Progress Report Form The current Attachment D or Exhibit A, Progress Report Form for this grant can be found on the Department’s website at this link: https://floridadep.gov/wra/wra/documents/progress-report-form Please use the most current form found on the website, linked above, for each progress report submitted for this project. 256 Attachment E-1 1 of 6 BGS-DEP 55-215 Revised 7/1/25 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Audit Requirements (State and Federal Financial Assistance) Attachment E-1 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends $1,000,000 or more in Federal awards in its fiscal year, must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $1,000,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than $1,000,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from non-federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at https://sam.gov/content/assistance-listings. 257 Attachment E-1 2 of 6 BGS-DEP 55-215 Revised 7/1/25 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(1)(n), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and the current Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and the current Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost of such an audit must be paid from the recipient’s resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at http://www.myflorida.com/, Department of Financial Services’ Website at https://www.myfloridacfo.com/ and the Auditor General's Website at http://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: 258 Attachment E-1 3 of 6 BGS-DEP 55-215 Revised 7/1/25 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us B. The Auditor General’s Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General’s website (http://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and the current Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or the current Rules of the Auditor 259 Attachment E-1 4 of 6 BGS-DEP 55-215 Revised 7/1/25 General, should indicate the date and time the reporting package was delivered to the recipient and any correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. 260 Attachment E-1, Exhibit 1 5 of 6 BGS-DEP 55-215 Revised 7/1/25 EXHIBIT – 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program and show total federal resources awarded Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program A Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category $ Federal Program B Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category $ Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in the same manner as shown below: Federal Program A First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Etc. 261 Attachment E-1, Exhibit 1 6 of 6 BGS-DEP 55-215 Revised 7/1/25 Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each federal program and show total state resources awarded for matching. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal Program A Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category Federal Program B Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show total state financial assistance awarded that is subject to section 215.97, F.S. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program A State Awarding Agency State Fiscal Year 1 CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement Department of Environmental Protection 2015-2016 37.039 Statewide Surface Restoration and Wastewater Projects – LI 1662A $300,000.00 140047 State Program B State Awarding Agency State Fiscal Year 2 CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Total Award $300,000.00 Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc.) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [https://sam.gov/content/assistance-listings] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx], and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [https://apps.fldfs.com/fsaa/compliance.aspx ]. The services/purposes for which the funds are to be used are included in the Agreement’s Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. 1 Subject to change by Change Order. 2 Subject to change by Change Order. 262 DEP Agreement No. S0853, Amendment No. 4, Page 1 of 2 AMENDMENT NO. 4 TO AGREEMENT NO. S0853 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND CITY OF BOYNTON BEACH This Amendment to Agreement No. S0853 (Agreement), as previously amended, is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and the City of Boynton Beach (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for Boynton Beachfront Park Sewer Treatment Plant Replacement (Project), effective March 22, 2016; and, WHEREAS, the Grantee has requested a revision in the scope of work for the Project; and, WHEREAS, the Grantee has requested an extension of the Agreement due to construction delays and, WHEREAS, the parties have agreed to amend the Agreement as set forth herein. NOW THEREFORE, the parties agree as follows: 1. Section 2. of the Agreement is hereby revised to change the Date of Expiration to December 31, 2025. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. 2. The following is hereby added to the Agreement as Section 32: State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State’s contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor’s website, if Contractor maintains a website. 3. Attachment A-3, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A-4, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment A shall hereinafter refer to Attachment A-4, Revised Grant Work Plan. 4. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 263 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. CITY OF BOYNTON BEACH STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION e , ----) pBy: By: Authorized Signature Secretary or Designee Daniel Dugger, City Manager Angela Knecht, Division Director Print Name and Title Print Name and Title Date: -1--\);1‘\ Ci`a-094 Date: 7 zOYNT0N‘ CITY AT'•RNEY'S OF C s..• GORPO/,i1,.. t:,•olina Garcia-Umana, DEP Grant Manager APPro l .S t• •y• and gal' U t SEAL siBy: Shawna G.Lamb, I, i INCORPORATED:• 0CityAttorneyt \• 192, .•h Easton,DEP QC Reviewer ti •••.......s • 1" . ORIOP List of attachments/exhibits included as part of this Amendment: Specify Type Letter/Number Description Attachment A-4 Revised Grant Work Plan DEP Agreement No. S0853,Amendment No.4, Page 2 of 2 264 DEP Agreement No. S0853, Attachment A-4, Page 1 of 4 ATTACHMENT A-4 REVISED GRANT WORK PLAN PROJECT TITLE: Boynton Beachfront Park Sewer Treatment Plant Replacement PROJECT LOCATION: The Project will be located at 6451 North Ocean Boulevard, Ocean Ridge, Florida in Palm Beach County. The hydrological unit for this project is 03090202 and the water body identifiers are 3226F, 3226F2, and 8098. The project coordinates are Lat/Long (26.5299, -80.0477). See Figure 1 for a location map and site plan. PROJECT BACKGROUND: The existing Rotating Biological Contactor (RBC) treatment system for the wastewater treatment plant (WWTP) at Oceanfront Park was constructed in 1982 for the park and surrounding areas. At that time, there was a much larger flow of water, but the flow has severely diminished due to water conservation and population demographic shifts. As a result, the WWTP is significantly oversized and cannot treat the wastewater flow adequately. PROJECT DESCRIPTION: The Grantee will install improvements to the RBC treatment system and WWTP at Oceanfront Park. The RBC improvements will include the replacement of the gear box, motor, pillow blocks, bearings and biozone tube. The other WWTP improvements will include the replacement of existing roof and hatches, installation of new lights and replacement of damaged fixtures, replacement of existing fan, main gate and door replacement for a high velocity hurricane resistance, and chain link fence. The Project will also include the replacement of the existing control panel, electrical equipment, aging components along with minor structural repairs around the fan, doorway, and other identified areas within the WWTP. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Design and Permitting Deliverables: The Grantee will complete the design of the RBC treatment system and WWTP improvements and obtain all necessary permits for construction of the project. Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date, as provided in the Grantee’s Certification of Payment Request; and 2) a summary of design activities to date, indicating the percentage of design completion for the time period covered in the payment request. For the final documentation, the Grantee will also submit a copy of the design completed with the funding provided for this task and a list of all required permits identifying issue dates and issuing authorities. Performance Standard: The Department’s Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department’s Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 2: Bidding and Contractor Selection Deliverables: The Grantee will prepare a bid package and publish notice and solicit bids, conduct pre-bid meetings, and respond to bid questions, in accordance with the Grantee’s procurement process, to select one or more qualified and licensed contractors to complete construction of RBC treatment system and WWTP improvements. 265 DEP Agreement No. S0853, Attachment A-4, Page 2 of 4 Documentation: The Grantee will submit: 1) the public notice of advertisement for the bid; 2) the bid package; and 3) a written notice of selected contractor(s). Performance Standard: The Department’s Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department’s Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement following the conclusion of the task. Task 3: Project Management Deliverables: The Grantee will perform project management, including field engineering services, construction observation, site meetings with construction contractor(s) and design professionals, and overall project coordination and supervision. Documentation: The Grantee will submit interim progress status summaries including summary of inspection(s), meeting minutes and field notes, as applicable. Performance Standard: The Department’s Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department’s Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 4: Construction Deliverables: The Grantee will construct RBC treatment system and WWTP improvements in accordance with the construction contract documents. Documentation: The Grantee will submit 1) a copy of the final design; 2) a signed acceptance of the completed work to date, as provided in the Grantee’s Certification of Payment Request; and 3) a signed Engineer’s Certification of Payment Request. Performance Standard: The Department’s Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department’s Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. 266 DEP Agreement No. S0853, Attachment A-4, Page 3 of 4 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task No. Task Title Budget Category Budget Amount Task Start Date Task End Date 1 Design and Permitting Contractual Services $20,000 07/01/2015 06/30/2025 2 Bidding and Contractor Selection Contractual Services $5,000 07/01/2015 06/30/2025 3 Project Management Contractual Services $20,000 07/01/2015 06/30/2025 4 Construction Contractual Services $255,000 07/01/2015 06/30/2025 Total: $300,000 Note that, per Section 4 of the Agreement, authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds for this project may become unavailable in the future. This should be a consideration for the Grantee with this and future requests for extension. 267 DEP Agreement No. S0853, Attachment A-4, Page 4 of 4 Figure 1: Location Map and Site Plan 268 1 RESOLUTION NO. R16 -038 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ACCEPTING THE $300,000 IN FINANCIAL 5 ASSISTANCE PURSUANT TO LINE ITEM 1662A OF 6 THE FY2015/16 GENERAL APPROPRIATIONS ACT 7 AND AUTHORIZE THE CITY MANAGER TO SIGN 8 ALL DOCUMENTS ASSOCIATED WITH THE GRANT 9 AWARD AGREEMENT S0853 FROM THE 10 DEPARTMENT OF ENVIRONMENTAL PROTECTION, 11 DIVISION OF WATER RESTORATION ASSISTANCE; 12 AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, Oceanfront Park has an existing rotating biological contractor 16 wastewater treatment plant (WWTP) that was constructed in 1982 for the park and 17 surrounding areas during a time when there was a much larger flow of wastewater; and 18 WHEREAS, the flow has severely diminished due to several factors including water 19 conservation and population demographic shifts; and 20 WHEREAS, as a result, the WWTP is significantly oversized and cannot treat the 21 wastewater flow adequately; and 22 WHEREAS, the City applied for and received funding from the Florida Legislature in 23 the amount of $300,000 through Specific Appropriation Line Item No. 1662A, Fiscal Year 24 FY) 2015 -2016, General Appropriations Act; and 25 WHEREAS, the Grantee received this funding for the purpose of replacing the 26 existing WWTP with a new energy efficient advanced treatment sewer plant that will also 27 produce reuse water; and 28 WHEREAS, upon recommendation of staff, the City Commission has determined 29 that it is in the best interests of the residents of the City to accept the Grant in the amount of 30 300,000 and authorize the City Manager to sign all documents associated with the grant 31 award agreement #S0853 from the Florida Department of Environmental Protection, 32 Division of Water Restoration Assistance. S: \CC \WP \Resolutions\2016 \R16 -039 - Oceanfront _Park_WWTP_Grant_Award.doc 269 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 34 THE CITY OF BOYNTON 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 hereof.. 38 Section 2.The City Commission does hereby accept the Grant in the amount of 39 300,000 and authorize the City Manager to sign all documents associated with the grant 40 award agreement #S0853 from the Florida Department of Environmental Protection, Division 41 of Water Restoration Assistance, a copy of which is attached hereto as Exhibit "A ". 42 Section 3.This Resolution shall become effective immediately upon passage. 43 44 PASSED AND ADOPTED this 1st day of March, 2016. 45 46 CITY OF BOYNTON BEACH, FLORIDA 47 48 YES NO 49 50 Mayor — Jerry Taylor 51 52 Vice Mayor — Joe Casello 53 54 Commissioner — David T. Merker 55 56 Commissioner — Mack McCray 57 58 Commissioner — Michael M. Fitzpatrick I " 59 661 VOTE 62 63 ATTEST: s fd 65 k. 67 Jucgh A. Pyle, CMC 68 In`erim City Clerk 69 Vic" 70 71 72 Corporate Seal) S: \CC \WP \Resolutions \2016\R16 -039 - Oceanfront _Park_WWTP_Grant_Award.doc 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 City of Boynton Beach Agenda Item Request Form 6.F Consent Agenda 01/20/2026 Meeting Date: 01/20/2026 Proposed Resolution No. R26-006- Ratifying the Facility Use Agreement between the City of Boynton Beach and Chabad Lubavitch of Greater Boynton Facility for the use of Centennial Park & Amphitheatre. Requested Action: Staff recommends approval of Proposed Resolution No. R26-006. Explanation of Request: Former Mayor Steven Grant hosted a menorah lighting for his temple, Chabad Lubavitch of Greater Boynton. This event has already occurred. How will this affect city programs or services? NA Account Line Item and Description: NA Fiscal Impact: $50 Application Fee & $500 Rental Fee Collected. Attachments: R26-006 Agenda_Item_4153-2026_-_Resolution_to_Ratify_Facility_Use_Agreement_- _Chabad_Lubavitch.docx Chabad Lubavitch Facility Use Agreement.pdf 300 RESOLUTION NO. R26-006 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, RATIFYING A FACILITY USE AGREEMENT BETWEEN 3 THE CITY OF BOYNTON BEACH AND CHABAD LUBAVITCH OF 4 GREATER BOYNTON FOR A MENORAH LIGHTING CEREMONY ON 5 DECEMBER 18, 2025, AT CENTENNIAL PARK AND AMPHITHEATER; 6 AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, the City desires to provide entities with an opportunity to rent and use 9 Centennial Park and Amphitheater (“the Facility”) for events; and 10 WHEREAS, Chabad Lubavitch of Greater Boynton has requested to rent the Facility for a 11 Menorah Lighting Ceremony on December 18, 2025, from 5:30 PM to 6:30 PM; and 12 WHEREAS, the event will include a Menorah lighting with free food and drinks, with an 13 estimated 25-50 attendees; and 14 WHEREAS, the City will provide electrical access and access to City Hall restroom facilities 15 for the event; and 16 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 17 best interests of the City's citizens and residents to approve a Facility Use Agreement with Chabad 18 Lubavitch of Greater Boynton Beach for Centennial Park and Amphitheater. 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 ratify a Facility Use Agreement with Chabad Lubavitch of Greater Boynton Beach for Centennial 25 Park and Amphitheater. 26 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 27 authorizes the Mayor to execute the Agreement and any ancillary documents as may be necessary 28 to accomplish the purpose of this Resolution. 29 SECTION 4. This Resolution shall take effect in accordance with law. 30 [SIGNATURES ON THE FOLLOWING PAGE] 31 301 RESOLUTION NO. R26-006 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 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 57 302 1 FACILITY USE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CHABAD LUBAVITCH OF GREATER BOYNTON This Facility Use Agreement (“Agreement”) is made and entered into this ___15___ day of _December______, 2025 by and between CHABAD LUBAVITCH OF GREATER BOYNTON a Non-Profit Corporation, with a business address of PO Box 424, Boynton Beach, FL 33425 (hereinafter referred to as “Renter”) and CITY OF BOYNTON BEACH, a Municipal corporation, organized and existing under the laws of the State of Florida, with a business address of 100 E. Ocean Avenue Boynton Beach, FL 33435 (hereinafter referred to as City). The City and Renter may be referred to herein collectively as “Parties” or individually as a “Party.” WITNESSETH WHEREAS, the City owns and operates the Centennial Park & Amphitheater located at 120 East Ocean Avenue, Boynton, Florida (the “City Facility”); and WHEREAS, Renter desires to utilize the Centennial Park & Amphitheater for a Menorah lighting ceremony (“the Event”); and WHEREAS, the City agrees to make the City Facility available to Renter for use in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable considerations, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated into this agreement. 2. Facility Usage Dates and Times. The City agrees to provide space at the City Facility to Renter on an as-available basis for the Event at the dates and time outlined in Exhibit A. Notwithstanding the foregoing; the City reserves the right to change the location of the Event, as may be necessary to accommodate any City-sponsored events or activities. Renter shall adhere to the City’s Holiday Calendar, which involves the closure of City Facilities, and shall not schedule any programming during these dates. 3. Right to Cancel Reservation. The City shall make its best efforts to secure the City Facility for use by Renter at the date and times described in Exhibit A; however, the City reserves the right to cancel any reservation fourteen (14) days before the scheduled use or upon an emergency where City locations must be closed or otherwise unavailable. Doc ID: 35f51d686a723d11a10107e80cf57b3ff45e5b42 303 2 4. Renter Obligations: • Renter shall use the City Facility only for the purposes described in Exhibit B. • Renter shall not discriminate against any person or participant on the basis of race, color, sex, religion, origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement when using the City Facility. • Renter shall provide equipment and supplies needed to operate the Event at the City Facility. • Renter shall provide adequate qualified personnel to staff the Event. • Renter is responsible for all Event setup, decoration, coordinating with vendors, and removal of all equipment following completion of the Event. • Renter must provide a detailed site map and complete Vendor list at least thirty (30) days prior to then Event. • Renter shall obtain any and all facility use or special events permits required for the Event and pay all associated fees. • Renter is responsible for replacing City equipment and property damaged by the Event or any event participants, and will be responsible for the cost to repair or replace of each item. • Renter shall comply with all applicable State, County, and/or City Emergency Executive Orders and Policies for the duration of the Agreement, including implementing the Centers for Disease Control and Prevention Guidelines. Renter shall provide the City with a copy of its safety plan and COVID-19 Policy upon request. 5. City Rights and Obligations: • City agrees to make the City Facility available to Renter at the dates and times described in Exhibit A. • The City has the authority to make changes to the use of approved space. • The City will determine the specific space to be utilized at the City Facility. • The City shall not relinquish the right to control the management of the City Facility during the term of the Agreement and will enforce all necessary rules, policies, and procedures established by the City of Boynton Beach. • City staff may, at their discretion observe and monitor the actions of Renter during the Event. • The City has the authority to evacuate the City Facility during Event when deemed necessary for the safety of the public, patrons, and guests. • The City reserves the right, through its representatives, agents, and police, to eject any objectionable person/persons from the City Facility, and upon the exercise of this authority, and Renter hereby waives any rights and all claims for damages against the City. 6. Agreement Term. This Agreement shall commence on the Effective Date and automatically terminate thirty (30) days after the conclusion of the Event. 7. Rental Fee. As compensation for use of the City Facility, Renter shall pay the City the total Rental Fee amount of Five Hundred Dollars ($500.00). Doc ID: 35f51d686a723d11a10107e80cf57b3ff45e5b42 304 3 8. Payment Schedule. A nonrefundable Application Fee of Fifty Dollars ($50.00) shall be paid at the time the event application is submitted. A 50% event deposit will be required within fourteen (14) business days of event application approval. Six (6) weeks prior to the Event, Renter shall pay the remaining 50%. 9. Safety. Renter shall adhere to all health and safety wellness guidelines established by the City or any state, federal, or local agency during the Event. 10. Independent Contractor. Renter is an independent contractor of the City, and nothing in this Agreement shall constitute or create a partnership, joint venue, or any other relationship between the Parties. In utilizing the City Facility, neither Renter nor its agents shall act as officers, employees, or agents of the City. Renter shall not have the right to bind the City to any obligation not expressly undertaken by City under this Agreement. 11. Agreement Termination. 11.1 Termination for Convenience. Either Party may terminate this Agreement for convenience by providing the non-terminating Party with a thirty (30) calendar days written notice of termination. 11.2 Termination by Cause • Renter discourteous actions/behavior towards patrons, participants, parents or staff. • Renter’s failure to cooperate with Recreation and Parks Department or Events Department staff. • Actions that bring negative publicity to the City of Boynton Beach. • Illegal activities of Renter. • Failure to comply with the public records requirements set forth in section 119.0701, Florida statues. • Consumption or possession of tobacco or illegal substances on City Facility property. • Assignment of this Agreement without prior written consent of the City. • Failure to provide the City with a copy of insurance that covers Renter’s Event. 12. Indemnification. Renter shall indemnify and hold harmless the City, its elected and appointed officers, agents, employees, consultants, separate contractors, subcontractors, any of their subcontractors, from and against claims, demands, or cause of action whatsoever, and the resulting losses, damages, cost, and expenses, including but not limited to attorneys’ fees, including paralegal expenses, liabilities, damages, orders, judgements, or decrees, sustained by the City arising out of or resulting from (A) Renter’s performance or breach of this Agreement, (B) acts or omission, negligence, recklessness, or intentional wrongful conduct by Renter, its agents, employees, subcontractors, participants, and volunteers, and (C) Renter’s failure to take out and maintain the insurance required by this Agreement. Renter shall pay all claims and losses in Doc ID: 35f51d686a723d11a10107e80cf57b3ff45e5b42 305 4 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 cost, judgements, and attorneys’ fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of expiration or termination of this Agreement. 13. 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 constructed as consent by City to be sued by third parties in any matter arising out of this Agreement. 14. Insurance. Renter shall provide proof of Insurance in accordance with the requirements of Exhibit C attached hereto, listing the City of Boynton Beach as an Additional Insured and the Certificate Holder. No access to the City Facility for load-in, setup, or any Event- related activities shall be granted until the required Certificate of Insurance has been received and approved by the City. 15. Alcohol. Unless specifically permitted, no alcoholic beverages of any kind are permitted at the City Facility. If alcohol is permitted, Renter must: • Obtain all required licenses and permits from the State of Florida Division of Alcoholic Beverages and Tobacco; • Provide proof of liquor license at least fourteen (14) days prior to Event; • Provide licensed and insured bartenders/servers; • Implement responsible alcohol service procedures; • Ensure alcohol service ends at least thirty (30) minutes prior to Event conclusion • Provide security to monitor alcohol consumption and prevent service to minors • Additional Insurance. Events serving alcohol require additional liability insurance as specified in Section 14. • Compliance. Failure to comply with alcohol service requirements may result in immediate Event termination and forfeiture of all fees and deposits. 16. Governing Law and Venue. This Agreement shall be governed by and constructed in accordance with the laws of the State off Florida as now and hereafter in force. The exclusive venue for any lawsuits arising from relate to, or in connection with this Agreement shall be in the state courts if the Fifteenth Judicial Circuit in and for Palm Beach County, Florda. If any clam arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES AND RIGHT IT MAY HAVE TO A TRAIL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 17. Force Majeure. If the performance of this Agreement, or any obligation hereunder, is preventable by reason of hurricane, earthquake, or other casualty caused by nature, epidemic, pandemic, or other public health emergency, or by labor strike, war, or by a law, order, proclamation, regulation, ordinance of any governmental agency (collectively, Doc ID: 35f51d686a723d11a10107e80cf57b3ff45e5b42 306 5 “Forced Majeure Event”), the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent if such prevention, provided that the affected Party shall first have taken reasonable steps to avoid and remove such cause or non-performance and shall continue to take reasonable steps to prevent and remove such cause , and shall promptly notify the other Party in writing and resume performance hereunder whenever such cases are removed; provide, however, that if such inability to perform due to the Force Majeure Event exceeds sixty (60) consecutive days, the Party that was not prevented from performance by the Force Majeure Event has the right to terminate this Agreement upon written notice to the other Party. This section shall not supersede or preclude the exercise of any right either Party may otherwise have to terminate this Agreement. 18. Regulatory Capacity. Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City’s performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If the City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to the City’s regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to the City as a Party to this Agreement. 19. Binding Authority. Each person signing this Agreement on behalf of either Party individually warrants that they have the full legal power to execute the Agreement on behalf of the Party for whom they are signing and to bind and obligate such Party with respect to all provisions contained in this Agreement. 20. Attorney’s Fees. If either Party sues to enforce this Agreement, each Party shall bear its own attorney’s fees and court cost. 21. Counterparts and Execution. This Agreement may be executed by electronic signature or by hand, in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same Agreement. Execution and delivery of the Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other Party through facsimile transmission, email, or other electronic delivery. 22. Compliance with Laws. Renter hereby warrants and agrees that at all times materials to the Agreement, Renter shall perform its obligations in compliance with all applicable federal, state, and local laws, rules and regulations, including the American with Disabilities Act, 42 U.S.C. & 12101, Section 504 of the Rehabilitation Act 1973, and Section 501.171, Florida Statues. Non-compliance may constitute a material breach of the Agreement. 23. Severability. If any provision of this Agreement or its application to any person or situation shall be held invalid or unenforceable to any extent, 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 be affected thereby and Doc ID: 35f51d686a723d11a10107e80cf57b3ff45e5b42 307 6 shall continue in full force and effect and be enforces to the fullest extent permitted by law. 24. Public Records. The City is a public agency subject to Chapter 119, Forida Statues. If applicable, The Volen Center shall comply with the requirements of Chapter 119, Florida Statues, with respect to any documents, papers, and records made or received by Renter in connection with this Agreement. If Renter has questions regarding the application of Chapter 119, Florida Statues, to Renter’s duty to provide public records relating to this Agreement, contact the custodial of public records, City Clerk Office, 100 East Ocean, Boynton Beach, Florida 33435, (561) 742-6060, CityClerk@bbfl.us. 25. Notice. Whenever any Party desires to give notice unto any other Party, it must be provided by written notice, sent by certified mail, with return receipt requested, addressed to the Party for whom it is intended and the remaining Party, at he places last specified, and the places for giving notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Parties designate the following as the respective places for giving notice: City: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, Florida 33435 Telephone No. (561) 742-6000 Copy To: Shawna Lamb, City Attorney City of Boynton Beach 100 East Ocean Ave, Boynton Beach, Florida 33435 Telephone No. (561) 742-6051 Renter: Chabad Lubavitch of Greater Boynton 10655 El Clair Rach Rd Boynton Beach, Florida 33437 Phone Number: (561) 523-3324 26. Third-Party Beneficiaries. Neither Renter 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 to claim against either of them based upon the Agreement. 27. Entities of Foreign Concern. This section shall apply if Renter or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Accordingly, Renter represents and certifies (i) Renter is not owned by the government of a foreign country of concern; (ii) the government of a foreign county of concern does not Doc ID: 35f51d686a723d11a10107e80cf57b3ff45e5b42 308 7 have controlling interest in Renter; and (iii) Renter 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 or the date that Renter or its subcontractors will have access to personal identifying information under this Agreement. Renter and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(ss) 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. Terms used in this section that are not otherwise defined in this Agreement shall have the meaning ascribed to such terms in Section 287.138, Florida Statutes. 28. Anti-Human Trafficking. On or before the Effective Date of the Agreement, Renter shall provide City with an affidavit attesting that the Renter does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statues. 29. Verification of Employment Eligibility. Renter represents that Renter, and each subcontractor has registered with and uses the E-Verify system maintained by the United State Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 44.095, Florida Statues, and that entry into this Agreement will not violate that statue. If Renter violates this section, City may immediately terminate this Agreement for cause, and Renter shall be liable for all cost incurred by City due to the termination. 30. Discriminatory Vendor and Scrutinized Companies Lists, Countries of Concern. Renter represents that it has not been placed on the discriminatory vendor list” as provided in Section 287.134, Florida Statues, and that it is not a “scrutinized company” pursuant to Section 215.473 or 215.4725, Florida Statues. Renter represents and certifies that it is not, and for the duration of the term, will not be ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statues. 31. Prior Agreements. This Agreement represents the final and complete understanding of Parties regarding the subject matter of the Agreement and supersedes all prior and contemporaneous negotiations and discussion regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of the Agreement are contained herein. [Signature Page to Follow] Doc ID: 35f51d686a723d11a10107e80cf57b3ff45e5b42 309 8 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above: CITY OF BOYNTON BEACH, FLORIDA CHABAD LUBAVITCH OF GREATER BOYNTON _________________________________ ________________________________ Rebecca Shelton, Mayor Approved as to Form: __________________________________ (Signature) ________________________________ Print Name of Authorized Official ________________________________ Title City Attorney’s Office Attested/Authenticated: __________________________________ Maylee DeJesus, City Clerk (Corporate Seal) Attest/Authenticated: _________________________________ (Signature), Witness __________________________________ Print Name Nechama Dinie Ciment Administrator Doc ID: 35f51d686a723d11a10107e80cf57b3ff45e5b42 310 9 EXHIBIT A FACILITY USE DATES, TIMES AND AUTHORIZED SPACE Event Date(s): December 18, 2025 Event Times: • Setup: ________________________________ • Event: 5:30 PM to 6:30 PM • Breakdown: ________________________________ Authorized Areas:  Main Amphitheater Stage  Amphitheater Seating Area  Park Grounds (specify area): Music pillars area located in front of City Hall  Parking Areas  Concession Areas (if applicable) Sound/Amplification: • Amplified sound permitted until: _6:30 PM____________________________ • Sound level restrictions: Must comply with City noise ordinances • Sound check permitted: __Yes_____________________________ Utilities Provided:  Electrical access  Water access  Restroom facilities  Other: ________________________________ Special Requirements: ______________________________________________________________________________ ______________________________________________________________________________ Doc ID: 35f51d686a723d11a10107e80cf57b3ff45e5b42 311 10 EXHIBIT B EVENT DESCRIPTION Event Type: Holiday Event Expected Attendance: 25-50 people Event Description: Menorah lighting including a 6-foot Menorah to be lighted by Rabbi Ciment, with free food (jelly donuts and latkes) and drinks (apple cider). Admission:  Free event  Ticketed event  Donation-based Vendors/Concessions:  None  Organization-operated  Third-party vendors Special Features:  Alcohol service (requires additional permits and insurance)  Fireworks or pyrotechnics (requires special permits)  Temporary structures (requires permits)  Other: ________________________________ Doc ID: 35f51d686a723d11a10107e80cf57b3ff45e5b42 312 11 EXHIBIT C INSURANCE REQUIREMENTS Doc ID: 35f51d686a723d11a10107e80cf57b3ff45e5b42 313 2025.12.15 Centennial Park - Facility Use Agreement -... 2025.12.15%20Cent...ubavitch%20of.pdf 35f51d686a723d11a10107e80cf57b3ff45e5b42 MM / DD / YYYY Signed This document was requested from app.clio.com 12 / 15 / 2025 19:14:52 UTC Sent for signature to Nechama Dinie Ciment (ciments@gmail.com) from steven@grantlegal.com IP: 73.85.64.145 12 / 15 / 2025 19:18:01 UTC Viewed by Nechama Dinie Ciment (ciments@gmail.com) IP: 174.211.105.73 12 / 15 / 2025 19:26:10 UTC Signed by Nechama Dinie Ciment (ciments@gmail.com) IP: 174.211.105.73 The document has been completed.12 / 15 / 2025 19:26:10 UTC 314 City of Boynton Beach Agenda Item Request Form 6.G Consent Agenda 01/20/2026 Meeting Date: 01/20/2026 Proposed Resolution No. R26-007- Approving a Declaration of Restrictive Covenant for 670 Oak Street. Requested Action: Staff recommends approval of Proposed Resolution No. R26-007. Explanation of Request: On October 7, 2025, the City Commission approved Resolution R25-070 authorizing the City to proceed with the purchase of 670 Oak Street. As part of this action, the Commission authorized the City Manager to negotiate a final deed restriction for the property, subject to approval of its form by the City Attorney. The following language reflects the proposed restrictive covenant intended to guide future use and development of the property: a. . Height Restriction. Any structure or building constructed on the Property shall not exceed a maximum height of thirty-six feet (36') and two (2) habitable stories. Height shall be measured from the finished floor of the building to the highest point of the roof for flat roof, to the deck line for parapet roofs, and to the midpoint between the eaves and ridge for a gable, hip, or mansard roof, excluding chimneys, antennas, stairwells, elevator house, decorative architectural features, and similar appurtenances. b. Structured Parking and Dry Stack Prohibition. No structured parking facilities, including but not limited to, multi-level parking garages, parking decks, or above-ground parking structures, shall be constructed on the Property. This prohibition also includes dry stack boat storage. This prohibition does not preclude surface parking lots, carports, understory parking, or ground-level garages that are accessory to structures. c. Development Rights Preservation. Nothing in this Restrictive Covenant shall be construed to preclude or limit the development of the Property in accordance with the residential development rights permitted under the current zoning designation (R3—R3 Multi Family, 11 DU/AC), as may be amended from time to time, or any subsequent zoning that may apply to the Property, subject to the restrictions set forth in this Declaration. With the exception of the restrictions set forth in this section, the Property shall be used for any of 315 the allowable uses within the REC zoning district, with minimum setbacks of 25’ and a maximum building square footage of 32,500 shall apply specially to the 670 Oak Street property (Containing 1.24 acres, more or less) and adjacent right of way of Oak Street if abandoned. Approval of this restrictive covenant is necessary for the City to proceed with the purchase of the property. If not approved, the Purchase and Sale Agreement will be terminated. How will this affect city programs or services? This will not affect City programs or services. Account Line Item and Description: N/A Fiscal Impact: On September 9, 2025 the CRA Board approved and on September 18, 2025 the City Commission approved the interlocal agreement between the City and CRA for the purchase of the 670 Oak street property and authorized the reimburse up to $7.1M for the purchase cost and any costs incurred as part of the feasibility study. Attachments: R26-007 Agenda_Item_3946-2025_Resolution_for_670_Oak_St._Restrictive_Covenant.docx 670 Oak Street Declaration of Restrictive Covenants (010626)_Final-R.pdf R25-270- 670 Oak Street.pdf 316 RESOLUTION NO. R26-007 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING A DECLARATION OF RESTRICTIVE 2 COVENANTS FOR 670 OAK STREET; AND FOR ALL OTHER PURPOSES. 3 4 WHEREAS, City is under contract to purchase that certain real property located at 670 Oak 5 Street, Boynton Beach, Florida 33435; and 6 WHEREAS, as a condition of the sale, the seller requires the City to record a Restrictive 7 Covenant that would preserve certain characteristics of the Property while maintaining the City’s 8 residential development rights; and 9 WHEREAS, once the Restrictive Covenant is recorded in the Public Records of Palm Beach 10 County, it will impose requirements on the Property; and 11 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 12 best interests of the City's citizens and residents to approve a Declaration of Restrictive Covenants 13 for 670 Oak Street and proceed with the purchase of the Property. 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 16 BEACH, FLORIDA, THAT: 17 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 18 being true and correct and are hereby made a specific part of this Resolution upon adoption. 19 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 20 approve a Declaration of Restrictive Covenants for 670 Oak Street (the “Restrictive Covenant”), in 21 form and substance similar to that attached as Exhibit A. 22 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 23 authorizes the Mayor to execute the Restrictive Covenant. The Mayor is further authorized to 24 execute any ancillary documents as may be necessary to accomplish the purpose of this 25 Resolution. 26 SECTION 4. Upon execution of the Restrictive Covenant by the City, the City Clerk shall 27 record the Restrictive Covenant in the Public Records of Palm Beach County. The City Clerk shall 28 provide a copy of the recorded Restrictive Covenant to Gail Mootz. 29 SECTION 5. This Resolution shall take effect in accordance with the law. 30 317 RESOLUTION NO. R26-007 31 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 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 57 318 Page 1 of 5 Document prepared by and return to: Stacey R. Weinger, Esq. City Attorney’s Office PO Box 310 Boynton Beach, Florida 33425 PCN No. 08-43-45-15-06-002-0620 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the “Restrictive Covenant”) made this _________ day of _________, 2026 by the City of Boynton Beach, a Florida municipal corporation (hereinafter referred to as “City”) for itself and its successors and assigns. W I T N E S S E T H WHEREAS, City is the fee simple title owner of that certain real property located at 670 Oak Street, Boynton Beach, Florida 33435, and legally described in Exhibit “A,” attached hereto and incorporated herein (hereinafter referred to as the “Property”); and WHEREAS, the City intends to preserve certain characteristics of the Property while maintaining its residential development rights; and WHEREAS, the City intends that this Restrictive Covenant, once recorded in the Public Records of Palm Beach County, shall serve to impose requirements on the Property and the fee simple title owner to the Property, as provided herein; and NOW, THEREFORE, the City hereby declares that the Property shall only be developed, held, maintained, transferred, sold, conveyed, and owned subject to the following requirements and restrictive covenants: 1. RECITALS. The recitals above are true and correct and incorporated into this Restrictive Covenant. 2. EXHIBITS. Any exhibits referenced herein are incorporated into and made a specific part hereof, whether physically attached. 319 Page 2 of 5 3. RESTRICTIONS/REQUIREMENTS FOR THE PROPERTY. City hereby declares that the Property shall be subject to the following restrictions: a. Height Restriction. Any structure or building constructed on the Property shall not exceed a maximum height of thirty-six feet (36') and two (2) habitable stories. Height shall be measured from the finished floor of the building to the highest point of the roof for flat roof, to the deck line for parapet roofs, and to the midpoint between the eaves and ridge for a gable, hip, or mansard roof, excluding chimneys, antennas, stairwells, elevator house, decorative architectural features, and similar appurtenances. b. Structured Parking and Dry Stack Prohibition. No structured parking facilities, including but not limited to, multi-level parking garages, parking decks, or above-ground parking structures, shall be constructed on the Property. This prohibition also includes dry stack boat storage. This prohibition does not preclude surface parking lots, carports, understory parking, or ground-level garages that are accessory to structures. c. Development Rights Preservation. Nothing in this Restrictive Covenant shall be construed to preclude or limit the development of the Property in accordance with the residential development rights permitted under the current zoning designation (R3—R3 Multi Family, 11 DU/AC), as may be amended from time to time, or any subsequent zoning that may apply to the Property, subject to the restrictions set forth in this Declaration. With the exception of the restrictions set forth in this section, the Property shall be used for any of the allowable uses within the REC zoning district, with minimum setbacks of 25’ and a maximum building square footage of 32,500 shall apply specially to the 670 Oak Street property (Containing 1.24 acres, more or less) and adjacent right of way of Oak Street if abandoned. 4. MODIFICATION AND TERMINATION. No revisions, amendments, modifications, or termination of these Restrictive Covenants shall be permitted unless specifically approved by the unanimous vote of the City Commission of the City of Boynton Beach. 5. COVENANT RUNNING WITH THE LAND. This Restrictive Covenant shall constitute a covenant running with the land and shall be binding upon the Property, and all current and future owners of the Property, including their heirs, beneficiaries, personal representatives, successors, and assigns. The City of Boynton Beach, and its successors and assigns, shall be the beneficiary of this Restrictive Covenant and shall have the right to enforce all provisions herein against any owner of the Property or their successors and assigns. 6. ENFORCEMENT. The City may enforce the provisions of this Restrictive Covenant by action at law or in equity against any owner or their successors and assigns. This includes Code Enforcement actions against any successor for violation of this Declaration. The trial venue for any litigation concerning this Declaration shall be exclusively in the courts located in Palm Beach County, Florida. If any action at law or in equity is necessary to enforce or interpret the terms of this Restrictive Covenant, 320 Page 3 of 5 the prevailing party shall be entitled to reasonable attorneys' fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. 7. WAIVER. Failure of the City to enforce this Restrictive Covenant shall not be deemed a waiver of the right to do so thereafter. 8. INVALIDATION. Invalidation of any of these restrictive covenants by judgment or court order shall in no way affect any other conditions that remain in full force and effect. 9. EFFECTIVE DATE. This Restrictive Covenant shall become effective and enforceable upon execution and recording in the Public Records of Palm Beach County, Florida. 10. TIME IS OF THE ESSENCE. Time is of the essence regarding every obligation or restriction of this Restrictive Covenant. 11. RELEASES AND AMENDMENTS. Any release or amendment not approved with the required formalities specified herein shall be null and void. (Signatures on the following page) 321 Page 4 of 5 IN WITNESS WHEREOF, the City of Boynton Beach, through its Mayor, has hereunto set its authorized hand this _____ day of _______, 2026. CITY: City of Boynton Beach, a Florida municipal corporation WITNESSES: __________________________ __________________________ By: Print Name Rebecca Shelton, Mayor __________________________ Address __________________________ Executed this __ day of _______, 2026. __________________________ Print Name __________________________ Address STATE OF FLORIDA ) )SS COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ____ day of , 2026, by Rebecca Shelton as Mayor of Boynton Beach who is personally known to me or has produced __________________ as identification. SWORN TO AND SUBSCRIBED BEFORE ME this ____ day of _________________ 2026. NOTARY PUBLIC My Commission Expires: Serial Number, if any: 322 Page 5 of 5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Parcel Control No. 08-43-45-15-06-002-0620 Address: 670 Oak Street, Boynton Beach, FL 33435 Legally Described As: That tract of land marked on W.S. Shepard’s Plat of the Subdivision of Sam Brown Jr.’s Subdivision of the South 1/2 of fractional Section 15, Township 45 South, Range 43 East, said Plat being on record in Palm Beach County, Florida, in Plat Book 8, Page 8, and the land being marked on said Plat “Reserve” lying east of Lot 1, Block 2, and extending to Lake Worth and being 146.7 feet North and South and 400 feet East and West, more or less, extending to Lake Worth, and all riparian rights, less the West 25 feet thereof. Also, that certain tract of land lying between the North and South Boundary lines of the aforesaid parcels of land referred to herein as “Reserve,” said land being described and dedicated as Palm Way on the aforementioned W.S. Shepard’s Plat. Said Lands are situated in the City of Boynton Beach, Palm Beach County, Florida. Containing 1.24 Acres, more or less. 323 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 RESOLUTION NO. R25-270 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE CITY'S PURCHASE OF 670 OAKS STREET FROM SELLERS DEBORAH CANEPA AND SCOTT PICARDY IN THE AMOUNT OF SIX MILLION EIGHT HUNDRED THOUSAND AND 00/100 DOLLARS ($6,800,000.00) TO BE USED AS A PUBLIC PARK; AND FOR ALL OTHER PURPOSES. WHEREAS, the current owners, Deborah Canepa and Scott Picardy ("Sellers") of the property located at 670 Oak Street, Boynton Beach, FL (the "Property"), have offered to sell the Property to the City in the amount of Six Million Eight Hundred Thousand and 00/100 Dollars 6,800,000.00) to be used as a public park; and WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the best interests of the City's citizens and residents to approve the City's purchase of 670 Oaks Street from Sellers Deborah Canepa and Scott Picardy in the amount of Six Million Eight Hundred Thousand and 00/100 Dollars ($6,800,000.00) to be used as a public park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby approve the City's purchase of 670 Oaks Street from Sellers Deborah Canepa and Scott Picardy in the amount of Six Million Eight Hundred Thousand and 00/100 Dollars ($6,800,000.00) to be used as a public park. SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby approve a Purchase and Sale Agreement between the City ("Buyer') and Deborah Canepa and Scott Picardy ("Sellers") for the City's purchase of 670 Oaks Street in the amount of Six Million Eight Hundred Thousand and 00/100 Dollars ($6,800,000.00) (the "Agreement"), in form and substance similar to that attached as Exhibit A. 324 RESOLUTION NO. R25-270 32 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 33 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 34 term extensions as provided in the Agreement, provided such documents do not modify the 35 financial terms or material terms. The Mayor is further authorized to execute any necessary 36 documents to accomplish the purchase of the property. 37 SECTION S. The City Clerk shall retain the fully executed Agreement as a public record 38 of the City. A copy of the fully executed Agreement shall be provided to Gail Mootz to forward 39 to the Sellers. 40 SECTION 6. The City Commission of the City of Boynton Beach, Florida, hereby 41 authorizes the City Manager to negotiate the final deed restriction, subject to approval of form by 42 the City Attorney. 43 SECTION 7. This Resolution shall take effect in accordance with the law. 44 [SIGNATURES ON THE FOLLOWING PAGE] 45 325 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 63 64 65 66 67 68 69 70 71 RESOLUTION NO. R25-270,, Lt 1 PASSED AND ADOPTED this day of T)0 xr 2025. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor - Rebecca Shelton Vice Mayor - Woodrow L. Hay Commissioner - Angela Cruz Commissioner - Thomas Turkin Commissioner -Aimee Kelley VOTE n MayleeD J sus, MPA, NyM 1C Rebec a Shelton City Clerl / Mayor NTpN APPROVED AS TO FORM: Corporate Seal) •' RPO TF'•eFyA. IT " INCORPORATED. 192 •. Shawna G. Lamb FCORIOP City Attorney 326 luthentisign ID: LU4t9000-bA9u-1-U1l-81:ti7-0U"1Z4tl330C 80 Purchase and Sale Agreement Page 1 of 17 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between CITY OF BOYNTON BEACH, a municipal corporation (hereinafter "PURCHASER"), and Deborah Canepa and Scott E. Picardy together, hereinafter "SELLER"). PURCHASER and SELLER may be referred to herein individually as a "party" and collectively as the "parties." In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Properties located in Palm Beach County, Florida (the Properties") and more particularly described as follows: That tract of land marked on W.S. Shepard's Plat of the Subdivision of Sam Brown Jr's. Subdivision of the South %2 of fractional Section 15, Township 45 South, Range 43 East, said Plat being on record in Palm Beach County, Florida, in Plat Book 8, Page 8, and the land being marked on said Plat "Reserve" lying east of Lot 1, Block 2, and extending to Lake Worth and being 146.7 feet North and South and 400 feet East and West, more or less, extending to Lake Worth and all riparian rights, less the West 25 feet thereof. Also that certain tract of land lying between the North and South Boundary lines of the aforesaid parcels of land referred to herein as "Reserve", said land being described and dedicated as Palm Way on the aforementioned W.S. Shepard's Plat. 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Six Million Eight Hundred Thousand Dollars ($6,800,000.00), payable in cash, by wire transfer of United States Dollars at the Closing. 3. DEPOSIT. 3.1 Earnest Money De osit. Within five (5) Business Days after the execution of the Purchase Agreement by both parties, PURCHASER shall deliver to Integrity Land Title, Attention to Leslie Mendenhall, ("Escrow Agent"), located at 2010 Vista Pkwy, Suite 130, West PURCHASER's Initials:- SELLER's Initials: C 00704498-1 4905-3730-0074, v. 1 327 wthenusign IU: 204t0ouU-5A9U-FO11-8hb1-0U1.24833U( 8U Purchase and Sale Agreement Page 2 of 17 Palm Beach, FL, a deposit in the amount of Three Hundred Thousand Dollars ($300,000) the Deposit"). 3.2 Application/Disbursement of Deposit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the PURCHASER shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the PURCHASER. If this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be delivered to (or retained by, as applicable) the non -defaulting Party, and the non -defaulting Party shall have such additional rights, if any, as are provided in Section 12. 3.3 Escrow Agent. PURCHASER and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this Agreement. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to PURCHASER and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, due to competing claims to the Deposit from SELLER and PURCHASER, Escrow Agent will recover reasonable attorney's fees and costs which, pursuant to court order, are to be paid from the escrowed funds which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the SELLER and PURCHASER has signed this Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before 120 days from the Effective Date (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; and (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to PURCHASER's Initials: ,, SELLER's Initials. C 00704498-1 4905-3730-0074, v. 1 328 iu thentisign ID:2U4t9UUL]-6A9U1FU1I-Bhb1-ULMZ48MUL;b0 Purchase and Sale Agreement Page 3 of 17 which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. FEASIBILITY PERIOD. The PURCHASER, and its designees shall have seventy-five 75) days from the Effective Date of this Agreement ("Feasibility Period"), at PURCHASER's expense, to make inquiries to determine if the Property is suitable for its intended use and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, valuation appraisals and investigations of the Property, including but not limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER's sole and absolute discretion, to terminate this contract and receive back all deposits hereunder. Suppose PURCHASER elects to terminate this Agreement in accordance with this Section. In that case, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER's testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER's testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property subject to the limitation on practicability provided above) arising out of PURCHASER's investigation of the Property. However, PURCHASER's indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and PURCHASER does not waive its sovereign immunity rights. SELLERS' obligations under this Section shall survive the termination, expiration or Closing of this Agreement. If, at the end of the Feasibility Period, PURCHASER has not elected to terminate this Agreement, PURCHASER shall within five days deliver to Escrow Agent Five Thousand Dollars ($5,000.00), which upon delivery, shall be considered a part of the Deposit for all purposes hereunder. 7.1 Title Review. Within twenty (20) days of the Effective Date, PURCHASER shall obtain, at the PURCHASER's expense, from a Title Company chosen by PURCHASER hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. Any and all assessments, outstanding utility charges, liens and other matters not constituting Permitted Exceptions shall be paid by Seller prior to or at closing from Seller's proceeds. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than thirty (30) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title PURCHASER's Initials: SELLER's Initials: C 00704498-1 4905-3730-0074, v. 1 329 kuthenvsign N:ZU4t90UD-JdA9U-F011-Hh51-0U1.L4833U(:8U Purchase and Sale Agreement Page 4 of 17 hereinafter "Title Objections"). If PURCHASER fails to deliver the Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the Title Objections within the Cure Period, to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER's sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period (hereinafter "Extended Cure Period," or (ii) accepting the title as -is condition and proceeding to Closing under the terms of this Agreement, or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. If the SELLER is unable to cure PURCHASER's Title Objections within the Extended Cure Period, PURCHASER may terminate the Agreement and receive a return of its Deposit or may proceed to Closing under the terms of the Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.2. Survey Review. PURCHASER, at PURCHASER's expense, shall obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.1 concerning title objections. 7.3 SELLER Deliveries. SELLER shall deliver to PURCHASER the following documents and instruments within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: 7.3.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER's possession or control with respect to the physical condition or operation of the Property, if any. 00704498-1 4905-3730-0074, v. 1 PURCHASER's Initials SELLER's Initials. 330 Lllhenilsl8n W: YU4L90UL7-6A3U-FU11-$$til-UU114dJ3UL'H0 Purchase and Sale Agreement Page 5 of 17 7.3.2 Copies of all licenses, variances, waivers, permits (including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals"), which are material to the use or operation of the Property, if any. 7.3.3 Prior to the Closing Date, SELLER shall execute and deliver to PURCHASER any and all documents and instruments required by PURCHASER, in PURCHASER's sole and absolute discretion, which: (i) effectuate the transfer to PURCHASER of those Governmental Approvals, or portions thereof which are applicable to the Property, that PURCHASER desires to have assigned to it, and/or (ii) cause the Property to be withdrawn from any Governmental Approvals. SELLER warrants that there will not be, at the time of Closing, any unrecorded instruments affecting the title to the Property, including, but not limited to any conveyances, easements, licenses or leases. 7.4. Deed Restriction. During the Feasibility Period, SELLER and PURCHASER may agree to the form of a restrictive covenant or similar document ("Deed Restriction") that shall burden the Property, which restrictive covenant shall be subject to approval by the City Commission of the City of Boynton Beach. If the parties are unable to agree to a Deed Restriction that is mutually acceptable to both parties during the Feasibility Period, either party may terminate this Agreement at which point the Deposit shall be returned to PURCHASER and the parties shall proceed as if the Agreement were terminated pursuant to Paragraph 7. If the parties agree to the form of a Deed Restriction, and such Deed Restriction receives City Commission approval, such Deed Restriction shall be executed at Closing and recorded in the Official Record Books of the Public Records of Palm Beach County. PURCHASER expressly agrees that any objection to title based on the agreed-upon, duly executed Deed Restrictions is hereby waived by PURCHASER, and such Deed Restrictions shall be deemed "Permitted Exceptions" under Section 4(a) of this Agreement, notwithstanding any provision in this Agreement to the contrary; PURCHASER's acceptance of the Deed at Closing shall be deemed conclusive evidence of PURCHASER's acceptance of the Property subject to the Deed Restrictions, and this provision shall survive the Closing. 8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PURCHASER in writing: 8.1. Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. i / PURCHASER's Initials:- ° SELLER's Initials: C 00704498-1 4905-3730-0074, v. 1 331 iUUlenlislgn IU: 1U4t900046AyU-FU11-bhb1-0U1Z4833UU8U Purchase and Sale Agreement Page 6 of 17 8.2. Condition of Property The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 8.3. Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 8.4. Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 8.5. Occupancy. The property shall be conveyed to the PURCHASER at time of closing unoccupied. 9. CLOSING DOCUMENTS. The PURCHASER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the PURCHASER'S Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1. Deed. A Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non - foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 9.3. Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which PURCHASER shall also execute and deliver at Closing. 9.4. Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5. Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents PURCHASER's Initials• -/,—.. SELLER's Initials C 0070449&1 4905-3730-0074, v. 1 332 uUlentisign ID: 204t9UUWiA9L)+0114R=61-UUZZ45J30000 Purchase and Sale Agreement Page 7 of 17 required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Prorations. Assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. PURCHASER shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any, will be credited to PURCHASER. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. 10.2 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Tax Collector's Office. In the event that, following the Closing, the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing, the parties shall re -prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 10.3. Special Assessment Liens. Certified, confirmed and ratified special assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 10.4. Closing Costs. SELLER shall be responsible for costs associated with documentary stamps on the deed, and curing any title defects. All other costs of closing, including, but not limited to, recording fees, lien search, courier, wire, and costs for surveys and escrow fees, shall be borne by PURCHASER, except that each party shall be responsible for its own attorneys fees and costs. 10.5 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a marked -up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 00704498-1 4905-3730-0074, v. 1 PURCHASER's Initials SELLER's Initials he 333 0[hent sign IU: 204t90OLI-WWU4,011-8Lb1-UU714N33UGBO Purchase and Sale Agreement Page 8 of 17 10.6 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS COVENANTS AND WARRANTIES. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 11.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney's fees). 11.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. No action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 11.4 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. Additionally, SELLER represents that SELLER will not, between the date of this Agreement, and the Closing take any action to terminate or materially, amend or alter any existing leases presently in existence, without the prior consent of PURCHASER, which consent shall not be unreasonably withheld or delayed. PURCHASER's Initial . SELLER's Initial : C 00704498-1 4905-3730-0074, v. 1 334 kutnentisign IU: ZU41=9000-6A9U-FU994tltti7-0UZZ4833OL;8U Purchase and Sale Agreement Page 9 of 17 11.5 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 11.6 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect, however, SELLER may maintain the MLS listing status as "pending." SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the conclusion of the Feasibility Period to the Closing Date. 11.7 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.8 SELLER represents that it has no actual knowledge nor has it received any notice that the Property has been, is presently or is contemplated to be utilized as a reservoir of hazardous material. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively Governmental Authority(ies)"). 11.9 Between the date of this Agreement and the date of closing, SELLER will not file any application for a change of the present zoning classification of the Property. 11.10 Authority . The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.11 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). PURCHASER's Initials V°; SELLER's Initials"" "' `""e' 00704498-1 4905-3730-0074, v. 1 335 iuthentisign IU: 104t9000-bA9U-h011-iitli7-0U214t$TJUCbC Purchase and Sale Agreement Page 10 of 17 11.12 Additional Warranties and Representations of SELLER. As a material inducement to PURCHASER entering into this Agreement, SELLER, to the best of SELLER'S information and belief, hereby represents and warrants the following: 11.12.1 There are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi -governmental authority, including but not limited to, PURCHASER, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 11.12.2 There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated, which it has not disclosed to PURCHASER herein, including but not limited to unrecorded instruments or defects in the condition of the Property 11.12.3 To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 12. DEFAULT. 12.1. PURCHASER's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. PURCHASER and SELLER acknowledge that if PURCHASER defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate SELLER. PURCHASER and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision, however, at SELLER'S option, SELLER may also elect to proceed in equity to enforce SELLER'S rights under the Agreement. 12.2. Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are PURCHASER's Initials:,. SELLER's Initials: C 00704498-1 4905-3730-0074, v. 1 336 utnentlSfgn ID: ZU4t9000-UA9U-"11-BFti1-0UlZ4833U(;8U Purchase and Sale Agreement Page 11 of 17 untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder, or (2) seek specific performance of this Agreement, without waiving any action for damages. 12.3. Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non -defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) business days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non -defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions of this section shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Deborah Canepa and Scott E. Picardy Deborah Canepa 641 Oak Street Boynton Beach, FL 33435 tigerkan@att.net Scott Picardy 604 Sherry Drive Anderson, SC 29621 sepicardy@gmail. com] With a copy to: Kristin Coomber, PA 2653 NW Timbercreek Cir Boca Raton, FL 33431 PURCHASER's Initialsk-,^^°a SELLER's Initials C OD70449&1 4905-3730-0074, v. 1 337 kutnentlslgn IU: l04t9000-6A9D+U11- EtJ1-UU1.141333UL;8U Purchase and Sale Agreement Page 12 of 17 If to Purchaser: Dan Dugger, City Manager City of Boynton Beach 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 With a copy to: Shawna Lamb, City Attorney City of Boynton Beach 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER shall have the right to assign this Agreement to the City of Boynton Beach (the City") without the prior consent of SELLER and the PURCHASER shall be released from any further obligations and liabilities under this Agreement. The PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. 15. BROKER FEES. The SELLER shall be solely responsible for all fees, costs, commissions, or similar due to a real estate broker in connection with the transaction contemplated by this Agreement. SELLER shall indemnify, defend and hold harmless the PURCHASER from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. PURCHASER represents that they do not have a real estate broker and shall indemnify, defend and hold harmless the SELLER from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 16. ENVIRONMENTAL CONDITIONS. 16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall lean PURCHASER's Initials: SELLER's Initials: C 00704498-1 4905-3730-0074, v. 7 338 kuthentsign IU: LU4t9000-6A9U-"11-8EW— UL14tl3: ULM Purchase and Sale Agreement Page 13 of 17 any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16.1.1 As a material inducement to PURCHASER entering into this Agreement, SELLER hereby warrants and represents the following, as applicable: 1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits, if any, regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER'S knowledge. 2) SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant affecting the SELLER'S property. 3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity's knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 17. PUBLIC RECORDS. PURCHASER is a public agency subject to Chapter 119, Florida Statutes. The SELLER is hereby notified that the PURCHASER is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Agreement and some or all of the documents necessary to consummate the transaction set forth herein. To the extent that any litigation should be instituted by SELLER, either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing documents involving this Agreement or the transaction set forth in the Agreement pursuant to a public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either: 1) defend the claim up to and including final judgment, or 2) interplead the challenged documents into the court. In either event, SELLER agrees to pay PURCHASER's reasonable attorneys' fees and costs, both trial and appellate. 18. MISCELLANEOUS. 18.1. General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this AgreeVenPURCHASER's Initials: SELLER's Initials: 00704498-1 4905-3730-0074, v. 1 339 iutnentlsign IL): 2U4t9uui)- iASU-ro11-8L61-0uJ14a33UL;bu Purchase and Sale Agreement Page 14 of 17 shall be of any force or effect unless in writing executed by the Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District of Florida. 18.2. Computation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 18.3. Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 18.4. Construction of Agreement, The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 18.5. Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. PURCHASER's Initials. SELLER's Initials: C 00704496-1 4905-3730-0074, v. 1 340 iuU19n1i5ign IU: 2U4hV000- iAyU-FO1l-bLb1-UU1Z4833UU8U Purchase and Sale Agreement Page 15 of 17 18.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict therewith. 18.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 18.8. Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 18.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 18.10 Recording. This Agreement may not be recorded in the Public Records of Palm Beach County, Florida without the prior approval of both parties. 18.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER'S Property Deed and PURCHASER's possession of the Property. 18.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. PURCHASER's Initials• SELLER's Initials C 00704496-1 4905-3730-0074, v. 1 341 iuthentisign IU: 204t9000fiA9U-h011-St614)UZZ4833U(;130 Purchase and Sale Agreement Page 16 of 17 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER: CITY OF BOYNTON BEACH 1 --. - Printed Name: Rebecca Shelton Title: Mayor Date: f 'eAdw - :1_ 0-ro` pFtip0 9TF• INCORPORATED; 1920 FLORO 00704498-1 4905-3730-0074, v. 1 SELLER: DEBORAH CANEPA & SCOTT PICARDY hentis N Cott E P card 1 DehoraA Mahe a Printed Name: Scott E Picardy Deborah Canepa Title: 09/29/25 Date: WITNESS: Printed Name: Printed Name: Title: Date: WITNESS: 09/29/25 PURCHASER's Initials: SELLER's Initials C 342 UUh*nya.pn IU:2tAttlUU-0ASAYh U11Jlt 21LU1(4M:1JU(:tlU Purchase and Sale Agreement Page 17 of 17 ESCROW AGENT S_ Integrity .nd Titlet QQjj,,,,_ f Printed Name: `fl-' Ol 1 1 R S Date: l oM PURCHASER's Initials: • - • SELLER's Initials: f''I1I?/C Joofoan.* 4905-3730-0074.v.v.1 343 City of Boynton Beach Agenda Item Request Form 6.H Consent Agenda 01/20/2026 Meeting Date: 01/20/2026 Commission Meeting Minutes. Requested Action: Approve minutes from the November 18, 2025 and December 2, 2025 City Commission Meetings. Explanation of Request: The City Commission met on November 18 , 2025, and December 2, 2025, and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved, and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: November 18, 2025 City Commission Meeting Minutes.docx December 2, 2025 City Commission Meeting Minutes.docx 344 City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, November 18, 2025, at 6:00 P.M. Present: Vice Mayor Woodrow L. Hay Daniel Dugger, City Manager Commissioner Thomas Turkin Shawna Lamb, City Attorney Commissioner Aimee Kelley Maylee De Jesus, City Clerk 1. Agenda Items A. Call to Order Vice Mayor Hay called the meeting to order at 6:05 P.M. Roll Call City Clerk Maylee De Jesús called the roll. Invocation by Pastor Jeff Kelly, First Baptist Boynton. Pastor Kelly provided the Invocation. Pledge of Allegiance to the Flag led by Commissioner Thomas Turkin. The Pledge of Allegiance was led by Commissioner Turkin. Agenda Approval: 1. Additions, Deletions, Corrections City Manager Dugger added a discussion regarding the January 6 th City Commission Meeting to the Agenda, as Item 5C. He requested to table Item 10B. 2. Adoption Motion: Commissioner Kelley moved to approve the agenda, as amended. Commissioner Turkin seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Kelley wished everyone a Happy Thanksgiving. 345 City Commission Meeting Boynton Beach, FL November 18, 2025 2 Vice Mayor Hay stated that he attended the November 6 Chamber of Commerce meet - and-greet, followed by the Veterans Services Event, which he described as excellent. 3. Announcements, Community and Special Events and Presentations A. City Event Announcements Joe Matthews announced Tire Amnesty Week. 4. Public Audience Mack McCray stated that the City needed to increase advertising for events and that he attended a recent ceremony which he described as excellent. He added that the Arts and Cultural Center pamphlet was well done. David Katz requested a correction to the October 21 minutes, noting that he supported increasing the residency requirement to two years. He expressed disappointment that the Commission did not advance the proposed super-majority requirement for decisions involving the City Manager and City Attorney. He noted that several recent candidates ran on removing the City Manager and were supported by a sitting Commissioner, and he urged the Commission to reconsider placing the super-majority question on the ballot. Rachel Mondesir, Early Learning Coalition of Palm Beach County, invited the Commission to the “Love to Learn” breakfast on December 4, at the Kravis Center. She explained that the Coalition’s mission is ensuring that every child in Palm Beach County is ready for school and life, and that high-quality early childhood education offers one of the strongest returns on investment for communities. She noted that the event is ticketed and that flyers with contact information were available. Charlie Holder thanked the Commission for appointing him to the Building Board of Adjustments and Appeals. He said that he was grateful for the opportunity to serve Boynton Beach and that he looked forward to supporting safe, responsible growth. He added that he was eager to learn from the board, the Commission, and staff and to contribute to the community. Susan Oyer urged the Commission to phase out palms and Norfolk Island pines, noting that many cities have reduced or banned them, due to high maintenance costs, disease issues, and limited canopy benefits. She referenced that several recently planted palms in the City had already died despite their cost. She stated that this was her twentieth time raising the issue. Commissioner Turkin left the dais at 6:21 PM and returned at 6:25 PM. 346 City Commission Meeting Boynton Beach, FL November 18, 2025 3 Kimberly Chase apologized for leaving abruptly at a prior meeting. She said that residents deserve consistent decorum and that speaking during public comment can be difficult. She expressed concern about uneven code enforcement and noted that unresolved issues, such as debris along Dixie Highway, affect community trust. She asked that all residents be treated fairly and with respect. Ernest Mignoli said that his HOA meeting focused on concerns about crime, code issues, and safety. He said that he has experienced vandalism and that his efforts to file complaints have not been successful. He added that residents also raised concerns about safety in parks and asked why statements were made suggesting that he vandalized his own property. 5. Administrative A. Advisory Board Appointments This item was left on the table, since Commissioner Cruz was absent. B. Community Support Funds. Motion: Commissioner Turkin moved to approve the Community Support Funds. Commissioner Kelley seconded the motion. The motion passed unanimously. C. January 6th Commission Meeting Date There was consensus to speak about this at the December 2 nd City Commission Meeting. 6. Consent Agenda A. Proposed Resolution No. R25-292- Approve the Supplemental Amendment to the Utility Work Agreement No. 1 (UWA) between the Florida Department of Transportation (FDOT) and the City of Boynton Beach for FDOT Project FPID 435804-1-56-03, Contract ATI74- SR-9/I-95 at SR-804 (Boynton Beach Boulevard) Interchange Improvements Project. B. Proposed Resolution No. R25-293- Approve a Collocation Agreement between the City and Cellco Partnership d/b/a Verizon Wireless for Use of Property to Install Personal Wireless Services Facilities, and approve a Memorandum of Agreement between the Parties, to allow for ground equipment and collocation on the existing telecommunications tower at 1901 N. Seacrest Blvd., with a lease area of 72 square feet. C. Proposed Resolution No. R25-294- Approve the Utility Easement between Ridgepoint Woods Association, Inc. and the City of Boynton Beach, and 347 City Commission Meeting Boynton Beach, FL November 18, 2025 4 the Consent to Easement between High Point Boulevard Association, Inc. and the City of Boynton Beach for a force main extension project. D. Proposed Resolution No. R25-295- Approve Amendment #2 for Landscape Maintenance Memorandum of Agreement ("MMOA") with Florida Department of Transportation ("FDOT"), for the additional landscape improvements on Boynton Beach Boulevard between US-1/N Federal Highway and East of I-95. E. Proposed Resolution No. R25-296- Approve Amendment No.1 to Management Agreement between the City of Boynton Beach and the Boynton Cultural Centre, Inc. (Schoolhouse Children's Museum). F. Proposed Resolution No. R25-297- Approve and authorize the Mayor (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 6, 2025, for the 54th Annual Holiday Parade. G. Proposed Resolution No. R25-301- Approving an Interlocal Agreement between the City and the Boynton Beach Community Redevelopment Agency for Funding for Beautification Technicians. Proposed Resolution No. R25-302- Approving an Interlocal Agreement between the City and the Boynton Beach Community Redevelopment Agency for Funding for Code Enforcement Officers. Proposed Resolution No. R25-303- Approving an Interlocal Agreement between the City and the Boynton Beach Community Redevelopment Agency for Funding for the Engineer/Project Manager position. Proposed Resolution No. R25-304- Approving an Interlocal Agreement between the City and the Boynton Beach Community Redevelopment Agency for Funding Boynton Beach Police Department Cameras. Proposed Resolution No. R25-305- Approving the Revised Exhibit A to the Interlocal Agreement for Funding Construction and Professional Services between the City and CRA (Fiscal Year 2025-2026 Projects) as approved by the CRA Board on November 10th, 2025. Proposed Resolution No. R25-306- Approving a Budget Amendment for Fiscal Year 2025-2026, Amending the Capital Appropriation for the Inn at Boynton Demolition Project. H. Proposed Resolution No. R25-307- Approve budget amendment for FY2024-25, adjusting the budget appropriations and revenue sources and providing spending authority for various Funds, Operating Departments, and Capital Budgets. I. Proposed Resolution No. R25-308- FY2025-26 Budget Amendment modifying various Funds to address FY2024-25 Purchase Orders (Encumbrances). 348 City Commission Meeting Boynton Beach, FL November 18, 2025 5 J. Commission Meeting Minutes. Motion: Commissioner Turkin moved to approve the remainder of the consent agenda. Commissioner Kelley seconded the motion. The motion passed unanimously. 6J. Commission Meeting Minutes. Commissioner Kelley pulled Item 6J to reflect the change to the October 21, 2025, Charter Review Board minutes requested by David Katz. Motion: Commissioner Kelley moved to approve the Item 6J, as amended. Commissioner Turkin seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases A. Proposed Resolution No. R25-298- Approve a Sole Source Agreement with Pat's Pump & Blower, LLC for the purchase of parts, equipment, and maintenance and repair services for Aqua Tech vac trucks, in an annual amount not to exceed $108,900. B. Proposed Resolution No. R25-299- Award Invitation to Bid No. 25-078B for the Demolition and Reconstruction of Two Boat Ramp Structures at Pioneer Canal Park to Mangonia Construction, LLC, and approve an Agreement between the City and Mangonia Construction Group, LLC in the amount of $798,225, plus a 10% contingency $79,822.50 for unforeseen field conditions, for a total not-to-exceed amount of $878,047.50. C. Proposed Resolution No. R25-300- Approve the purchase of a SWAT Robot from ICOR Technology Inc., for the Police Department in the amount of $87,500, utilizing Capital Improvement Program (CIP) funds and piggybacking GSA Contract GS-07F-0430V, and authorize the Mayor to execute all necessary documents and issue a purchase order for this acquisition. Motion: Commissioner Turkin moved to approve the Consent Bids and Purchases. Commissioner Kelley seconded the motion. The motion passed unanimously. 8. Public Hearing A. Proposed Ordinance No. 25-035- Second Reading, An Ordinance of the City 349 City Commission Meeting Boynton Beach, FL November 18, 2025 6 Commission of the City of Boynton Beach, Florida, Amending Part III "Land Development Regulations," Article II "Planning and Zoning Division Services," Section 4, "Relief Applications" by Amending Subsection F, "Requests for Accommodation," in order to Provide Procedures for Handling and Processing Requests for Accommodation from the City's Land Development Regulations; Providing for Conflicts; Providing for Severability; Providing for Codification; Providing an Effective Date; and For All Other Purposes. City Clerk De Jesús read the ordinance into the record. Ian Gregorchik, Assistant City Attorney I, noted that there are no changes or updates since first reading. Vice Mayor Hay opened public comment, no one came forth to speak so he closed public comment. Motion: Commissioner Turkin moved to approve Ordinance No. 25-035 on second reading. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 25-036- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, adding Chapter 2, Article IV, Section 2-60 to the City Code of Ordinance Entitled "Public-Private Partnerships;" Establishing Procedures for Public-Private Partnerships and Unsolicited Proposals; Providing for Codification; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date. City Clerk De Jesús read the ordinance into the record. Commissioner Kelley asked for clarification on the proposed ordinance Mr. Gregorchik responded that the amendment required referendum approval. Vice Mayor Hay opened public comment, no one came forth to speak so he closed public comment. Motion: Commissioner Kelley moved to approve Ordinance No. 25-036 on second reading. Commissioner Turkin seconded the motion. In a roll call vote, the motion passed unanimously. C. Proposed Ordinance No. 25-037- Second Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum an Amendment to the 350 City Commission Meeting Boynton Beach, FL November 18, 2025 7 City Charter; Adding a Preamble to the City Charter to Establish the Foundational Purposes and Principles Of City Governance; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall Be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. City Clerk De Jesús read the ordinance into the record. Mr. Gregorchik noted no changes since first reading. Commissioner Kelley asked for a brief overview. Vice Mayor Hay opened public comment, no one came forth to speak so he closed public comment. City Attorney Lamb read the proposed preamble into the record. Motion: Commissioner Kelley moved to approve Ordinance No. 25-037 on second reading, but not to process the referendum until after the December 2, 2025 City Commission meeting. Commissioner Turkin seconded the motion. In a roll call vote, the motion passed unanimously. D. Proposed Ordinance No. 25-038- Second Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Section 3 to Require Continuous Residence within the City for at Least One (1) Year Prior to Filing to Run for Office; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. City Clerk De Jesús read the ordinance into the record. Mr. Gregorchik noted no changes since first reading. Commissioner Turkin stated that he supported increasing the term length to two years. Vice Mayor Hay opened public comment. 351 City Commission Meeting Boynton Beach, FL November 18, 2025 8 David Katz said that he supported increasing the residency requirement to two years and noted that other cities use the same standard. He suggested that the minimum age for office be raised to 25, stating that additional maturity and experience would benefit candidates. He said that recent changes to filing fees and petition thresholds already improved credibility and asked the City Commission to continue considering both the age requirement and the two-year residency provision. Susan Oyer said that she supported increasing the residency requirement to two years and raising the minimum age for office to 25, noting that both would strengthen the City. She said that longer residency shows community involvement and understanding of issues and that candidates benefit from time spent serving on boards before running. She encouraged the City Commission to adopt both the two-year requirement and the age change. Vice Mayor Hay closed public comment. Commissioner Kelley said that although she supported the one-year requirement at the time, she preferred a longer period. She said that some candidates have moved into the City and shifted locations to find an easier path to office, which she did not support. She said that a longer residency requirement would strengthen accountability and that she supported increasing it to two years. Vice Mayor Hay said that he supported increasing the residency requirement to two years, but did not support raising the minimum age to 25. He said that capable 21-year-olds exist and that the election process would reveal whether a candidate is prepared. Motion: Commissioner Turkin moved to approve Ordinance No. 25 -038 on second reading, with the amendment of 2 year continuous, but not to process the referendum until after the December 2, 2025 City Commission Meeting. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. E. Proposed Ordinance No. 25-041- Second Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Sections 8, 20, 23, 24, 40, 50, 52, 54, and 55 to Modernize Language by Replacing Masculine-Only Pronouns and to Update Notice and Publication Requirements to Comply with Current Florida Statutes and Digital- Age Communication Practices; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, When Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. 352 City Commission Meeting Boynton Beach, FL November 18, 2025 9 City Clerk De Jesús read the ordinance into the record. City Attorney Lamb said that there was one technical correction to the previous version. She stated that an asterisk in Section 20 had indicated that the section was being considered for referendum, and when that item was removed from consideration, she removed the reference from the document. She clarified that the item was a cleanup amendment, to update the Charter by removing masculine pronouns, updating email notice references, and aligning dates with the Supervisor of Elections. Commissioner Turkin remarked that he questioned putting Charter items on the ballot when no citywide election was expected. He noted that a standalone referendum would be costly and could draw very low turnout, and he did not want the City to spend funds unnecessarily. Commissioner Kelley commented that some municipalities use mail-in-only elections and suggested that such an option could increase participation. She asked staff to explore whether it was feasible. City Clerk De Jesús explained that a mail-in-only election would be more expensive because she would have to purchase ballots for every voter at approximately $13 to $14 each, making it costlier than conducting a limited in -person election. She advised that adding referendums to the ballot would require opening all precincts, citywide. City Manager Dugger commented that election spending should produce strong participation. He noted that mail-in voting has historically boosted turnout, including in 2020, and said that Americans value convenience, which makes voting from home an effective way to increase engagement. Vice Mayor Hay asked whether the proposed changes would affect the upcoming election or whether the discussion should be continued to the next meeting. City Attorney Lamb explained that the date shift t o December 10 allowed enough time to table the items and bring them back on December 2 for possible placement on the March 10, 2026 municipal ballot. She added that the Commission could also postpone the items to March 2027, noting that the Charter Review Committee would continue its work next year. City Clerk De Jesús confirmed that an off-year election would contain only referendum items, making the timing essentially the same whether the Commission acted this year or next. Discussion continued about election ballot and reconsidering previous items. Motion: Commissioner Turkin moved to reconsider Items 8C, 8D, and 8E. Commissioner Kelley 353 City Commission Meeting Boynton Beach, FL November 18, 2025 10 seconded the motion. The motion passed unanimously. Motion: Commissioner Turkin moved to table Items 8C, 8D, and 8E to December 2, 2025. Commissioner Kelley seconded the motion. The motion passed unanimously. Motion: Commissioner Turkin moved to reconsider Items 8C, 8D, and 8E. Commissioner Kelley seconded the motion. The motion passed unanimously. Motion: Commissioner Turkin moved to reinstate the prior vote to approve those as stated items 8C, 8D, and 8E, with directions to the City Clerk not to certify it until receiving further direction from the City Commission at the December 2 Meeting. Commissioner Kelley seconded. The motion passed unanimously. F. Proposed Ordinance No. 25-042- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the Future Land Use Map of the City of Boynton Beach, Florida, for an approximately 64.54 acre parcel of real property generally located west of High Ridge Road between Hypoluxo Road and Miner Road, by changing the future land use designation from LDR (Low Density Residential) to R (Recreation); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Commissioner Turkin said regarding Items 8F and G that he has not had any ex- parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Kelley said regarding Items 8F and G that she has not had any ex - parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Vice Mayor Hay said regarding Items 8F and G that he has not had any ex -parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of 354 City Commission Meeting Boynton Beach, FL November 18, 2025 11 the record. Staff asked that all items to be heard together. G. Proposed Ordinance No. 25-043- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, for the High Ridge Country Club, amending Ordinance No. 02-013 to rezone approximately 64.54 acres generally located west of High Ridge Road between Hypoluxo Road and Miner Road, from R-1-AA (Single-Family Residential District) to REC (Recreation); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. H. Proposed Ordinance No. 25-044- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, approving the abandonment of a portion of the 60' wide NW 7th Court right-of-way, commencing at the south line of the Stanford Park Plat and terminating at the north right-of-way line of Miner Road; authorizing the City Manager to execute a disclaimer, which shall be recorded with this ordinance in the public records of Palm Beach County, Florida; providing an effective date; and for all other purposes. City Clerk De Jesús read the ordinances into the record. Julia Gaphney, on behalf of the applicant presented the following: site location; overview; right-of-way vacation; aerial map; rezoning request; future land use map amendment; and related maps. Vice Mayor Hay opened public comment on all three items. Susan Oyer stated that she supported the items but raised concerns regarding the proposed art feature, noting that it appeared to be a generic catalog piece that did not meet the arts ordinance. She asked that any art feature be required to receive approval from the Arts Board. Kelley Shulu noted that her family’s property backs onto the golf course and requested preservation of the greenspace between homes and the course. She identified several animals that live in that area. Mark Karageorge asked how the proposal would affect property taxes. Mary Ellen inquired whether residents would receive notification if construction were to occur. Commissioner Turkin asked about the intended use of the area. 355 City Commission Meeting Boynton Beach, FL November 18, 2025 12 Ms. Gaphney responded with an explanation of the proposed changes. Motion: Commissioner Turkin moved to approve Ordinance No. 25-042 on first reading. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. Motion Commissioner Kelley moved to approve Ordinance No. 25-043 on first reading. Commissioner Turkin seconded the motion. In a Roll call vote, the motion passed unanimously. Motion Commissioner Kelley moved to approve Ordinance No. 25-044 on first reading. Commissioner Turkin seconded the motion. In a Roll call vote, the motion passed unanimously. 9. City Manager’s Report- None 10. Regular Agenda A. Discussion and Update- Eco Park Project Timeline and Grant Status. Kevin Ramsey presented the following: project summary; original project components; revised site plan; and the options and decisions that need to be made. Commissioner Kelley stated that she does not want Eco Park to be neglected and that she prefers to maintain the full project scope. She expressed frustration that the grant administrators did not clearly outline the conditions and asked whether other grant opportunities are available so that the City can return to the original plan. She stated that the City should do what it can within its budget. Commissioner Turkin stated that he agrees with Commissioner Kelley and noted that the project had been placed on the back burner. He suggested that the City could explore other grant and partnership opportunities. He also asked staff to look into a large floating pile of garbage at Harvey Oyer. Vice Mayor Hay agreed with the comments made and asked what coordination has occurred with environmental agencies to keep the project moving. Mr. Ramsey provided an update on the project’s current status. Commissioner Kelley stated that she wants the City to continue pursuing grant 356 City Commission Meeting Boynton Beach, FL November 18, 2025 13 opportunities and to keep the project moving forward. Deputy City Manager Mack asked for consensus to withdraw from the current grant. There was consensus. B. Strategic Plan Presentation and Update. Motion: Commissioner Turkin moved to table this presentation. Commissioner Kelley seconded the motion. In a Roll call vote, the motion passed unanimously. 11. Future Agenda Items A. Quarterly joint City/CRA coordination meeting - January 13, 2026 Requested by City Commission and CRA Board. B. Discussion regarding combining City properties together to create senior affordable housing.- January 13, 2026 (CRA/City Joint meeting). Requested by Vice Mayor Hay. C. Discussion regarding a proposed Ordinance of the City of Boynton Beach, Florida repealing and replacing Chapter 15 "Offenses- Miscellaneous*," Article I "In General" Noise Control-Short title," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. Tabled at the August 19, 2025, meeting.- TBD. Requested by Commissioner Cruz D. Discussion regarding Citywide Master Plan to light up the City.- TBD Requested by Commissioner Turkin. E. Discussion regarding requirements to construct required sidewalks and exemptions as outlined in Land Development Regulations, Chapter 4, Article VIII, Section 3 Standards, D Sidewalks.- TBD. Requested by Commissioner Cruz. F. Discussion regarding creating a beautification board.- TBD. Requested by Commissioner Turkin. G. Discussion on utility lift station upgrades and odor control - TBD Requested by Vice Mayor Hay. H. Discussion in regards to an additional area that might be available as a future cemetery.- TBD. Requested by Vice Mayor Hay. I. Discussion regarding Amendments to the Code of Ordinances regarding 357 City Commission Meeting Boynton Beach, FL November 18, 2025 14 flooding in the community.- TBD. Requested by Commissioner Cruz. 12. Adjournment With no further business to discuss, the meeting is adjourned at 7:34 P.M. Motion: Commissioner Turkin moved to Adjourn. Commissioner Kelley seconded the motion. The motion passed unanimously. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MPA, MMC City Clerk 358 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, December 2, 2025, at 6:00 P.M. Present: Mayor Rebecca Shelton Daniel Dugger, City Manager Vice Mayor Woodrow L. Hay Shawna Lamb, City Attorney Commissioner Angela Cruz Tammy Stanzione, Deputy City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order Mayor Shelton called the meeting to order at 6:00 P.M. Roll Call Deputy City Clerk Tammy Stanzione called the roll. Invocation by Vice Mayor Woodrow Hay. Vice Mayor Hay provided the Invocation. Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley The Pledge of Allegiance was led by Commissioner Kelley. Agenda Approval: 1. Additions, Deletions, Corrections Commission Turkin requested to add a future agenda item to review the residency requirement ordinance, noting it should clearly state that a P.O. Box is not valid residency. He referenced past issues and said the community expects candidates to show wher e they live unless eligible for state-authorized redaction. He added that he had already spoken with the City Attorney about the clarification and asked for consensus to bring the item forward. City Attorney Lamb said there was no need to add a future agenda item. She stated she had received sufficient direction from the board to move forward with amending the ordinance and would plan to bring it back on January 20th. 2. Adoption Motion: 359 City Commission Meeting Boynton Beach, FL December 2, 2025 2 Vice Mayor Hay moved to approve the agenda. Commissioner Cruz seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Turkin congratulated Commissioner Kelley on an uncontested reelection and congratulated Commissioner-elect Mack McCray on winning. He thanked everyone for their hard work throughout the year and extended holiday wishes to the community, including appreciation for first responders who would be working during the season. Vice Mayor Hay congratulated both newly elected Commissioners and said that he looked forward to the work ahead. He described the National League of Cities trip to Salt Lake City as productive and asked to add a future discussion item on drone technology, noting other cities showed how their police departments use drones, and he believed it could benefit Boynton Beach. He also reported attending the caregivers’ luncheon, which w as very successful, and noted the League of Cities luncheon at Benvenuto’s was well attended and well done. Commissioner Cruz offered congratulations to Commissioner Kelley on her reelection and to Commissioner-elect McCray on returning to the board. 3. Announcements, Community and Special Events and Presentations A. Proclamation for December 2025 as Impaired Driving Awareness Month. Mayor Shelton read the proclamation into the record. Sargeant Munro accepted the proclamation and thanked the City Commission and staff for their assistance with the annual event. B. City Announcements  DUI Vigil - December 3rd – 5:30 P.M. to 7 P.M. at Centennial Park, Hosted by BBPD  Holiday Tree Lighting- December 5th – 5 P.M. to 9 P.M. at Centennial Park  Holiday Parade - December 6th - 4 P.M.to 6 P.M. Federal Highway from Woolbright Road to Boynton Beach Blvd  Congress Middle School Holiday Show (Rental)- December 17th – 6:30 P.M. to 8 P.M.  Vegetation Amnesty Week - December 8th through December 12th  System wide free chlorine flush for routine maintenance of the water distribution system from January 8, 2026, to January 29, 2026 Staff announced upcoming events. 360 City Commission Meeting Boynton Beach, FL December 2, 2025 3 C. Year-End Red Light Camera Presentation Chief DeGiulio briefly reviewed the Year-End Red Light Camera presentation. Commissioner Kelley reviewed the traffic report and said that east to west volume increased while north to south volume stayed the same or decreased. She raised concerns about fatalities linked to speed and asked whether county agencies were involved in discussions and what more could be done, noting persistent speeding on smaller roads. Chief DeGiulio said that the department works with the Sheriff’s Office and other partners through countywide initiatives and receives state and federal support for speed and safety efforts. He noted a 50 percent increase in citations and said that any fatality was too many. He added that the department was exploring expanding the traffic unit and possibly bringing back a dedicated speed and aggressive driving vehicle. 4. Public Audience Mack McCray said that he appreciated the congratulatory remarks and that he wanted to recognize the Boynton Beach Police Department. He stated that he was proud that the City delivered the new facility as promised and he thanked the Chief and department staff. William Roberts said that a stop sign near his street was placed too far from the roadway marking, and that visibility was limited. He stated that there had been a recent accident, that speeding continued, that speed bumps were needed, and that a school zone camera placed in the sidewalk created concerns. Cindy Falco DiCorrado said that the City refused to accept her Internal Affairs complaint related to the March 5 incident and that this violated state law. She stated that transparency was required, that promises about red light cameras had not been kept, and that residents felt misled. Jim Ciszik said that he was providing an update from the Senior Advisory Board and that strategic pillars had been submitted to the Commission. He stated that quarterly updates would begin and that the board was preparing recommendations for a community food drive. He asked that Commissioners share feedback through the liaison. Barry [no last name] said that charter operations at Harvey Oyer Jr. Park lacked regulation and that activity had grown significantly. He said that many operators did not have proper business licenses or insurance, and that the City should implement oversight. Chip Sheehan said that unregulated charter businesses at the boat ramp created unfair competition for licensed operators. He said that the City should enforce documentation requirements and that pickups should occur at the City dock, if permits were issued. 361 City Commission Meeting Boynton Beach, FL December 2, 2025 4 Fire Chief Bruder said that the new Phoenix Fire Station alerting system was active and that it was already improving dispatch efficiency. He said that the project had the potential to save lives and that he appreciated the Commission’s support. Mike Shamko said that Forest Park faced severe congestion, safety issues, and suspected human trafficking activity. He said that conditions were unsafe, that statistics did not reflect reality, and that he had struggled for years to receive assistance. 5. Administrative A. Advisory Board Appointments Mayor Shelton said that the appointment was clarified and that one application was submitted for the Education and Youth Advisory Board. She said that one alternate seat and three student seats were open and that the applicant attended Boynton Beach High School and had a parent living in the City, so a waiver was not required. Motion: Vice Mayor Hay moved to remove the item from the table. Commissioner Cruz seconded the motion. The motion passed unanimously. Motion: Commissioner Cruz moved to approve the appointment of Ariella Tenenbaum to the Education Youth Advisory Board, as a Student Member. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion: Vice Mayor Hay moved to approve the appointment of Debra Tarka to the Community Redevelopment Board. Commissioner Cruz seconded the motion. The motion passed unanimously. B. 2026 City Commission Calendar of Meetings, and discussion about the January 6th Commission Meeting There was consensus to cancel the January 6th meeting. Motion: Vice Mayor Hay moved to cancel the January 6th meeting. Commissioner Turkin seconded the motion. The motion passed unanimously. 362 City Commission Meeting Boynton Beach, FL December 2, 2025 5 6. Consent Agenda A. Proposed Resolution No. R25-309- Approving the Facility Use Agreement between the City of Boynton Beach and Congress Middle School for the 2025 Holiday Concert on December 17, 2025, at Centennial Park and Amphitheater. B. Proposed Resolution No. R25-310- Ratify the City’s application for the FY25 Office of Justice Programs Community Based Violence Interv ention and Prevention Initiative (CVIPI) through the Bureau of Justice Assistance, Department of Justice Office, and authorizing the Mayor to accept the grant, if awarded, and execute all future documents associated with the grant, subject to approval by the City Attorney. C. Proposed Resolution No. R25-311- Authorizing the Police Department to apply for the Florida Department of Law Enforcement (FDLE) Project Safe Neighborhoods (PSN) Southern District Grant for the 2025/2026 funding cycle; and, if awarded, authorizing the Mayor to accept the grant and execute all necessary documents associated with the grant, subject to approval by the City Attorney. D. Proposed Resolution No. R25-312- Authorization to Reduce Allowance for Uncollectible Accounts and Accounts Receivable for FY2025 Write-Off Process, and Establishment of a Monthly Write-Off Budget for ALS Invoices. E. Proposed Resolution No. R25-313- Approve an Interlocal Agreement (ILA) between the City of Delray Beach and the City of Boynton Beach to share the Construction Cost to rehabilitate Gulfstream Boulevard (AKA SE 36th Ave). Proposed Resolution No. R25-314- Approve a Budget Amendment for Fiscal Year 2025-2026, amending the Capital Appropriation for the Gulfstream Boulevard Construction project. F. Proposed Resolution No. R25-315- Approving the Settlement Agreement and Full and Final General Release in the matter of John Guerrero v. City of Boynton Beach, totaling $200,000. G. Proposed Resolution No. R25-316- Approving the Settlement Agreement and Full and Final General Release in the matter of Christina Sortore v. City of Boynton Beach, totaling $100,000. H. Proposed Resolution No. R25-323- Approving the Settlement Agreement and Full and Final General Release in the matter of Rodney Innocent & Lissette Perez-Innocent v. City of Boynton Beach for $67,500 each, totaling $135,000. I. Proposed Resolution No. R25-326- Ratifying the MOU for the Logistics Quartermaster position in the Fire Department. 363 City Commission Meeting Boynton Beach, FL December 2, 2025 6 Motion: Vice Mayor Hay moved to approve the consent agenda. Commissioner Kelley seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases A. Proposed Resolution No. R25-317- Approval for termination of contracts with Nationwide, Empower, and Mission Square as the 457 Employee Plan providers. B. Proposed Resolution No. R25-318- Approve contracts with Nationwide as the 457 Employee Plan provider and Burgess Chambers and Associates as the City’s financial advisor, and authorize the Mayor or City Manager to execute all ancillary documents necessary to implement the agreements, including supplemental provider agreements with Schwab and additional external investment account providers related to the 457 Investment Plan, subject to approval of the Finance Director and City Attorney’s Office. C. Proposed Resolution No. R25-319- Approve a Piggyback Agreement for the purchase of sodium hypochlorite from Allied Universal Corporation in the amount of $892,500, utilizing the rates of the Southeast Florida Governmental Purchasing Cooperative Group Bid No. 519-2. D. Proposed Resolution No. R25-320- Award Invitation to Bid No. 25-093B for the I-95 & Boynton Beach Boulevard Interchange Utility Relocation Project to Johnson-Davis, Inc., and approve an Agreement between the City and Johnson-Davis, Inc. in the amount of $2,140,275 with an additional 10% contingency in the amount of $214,027.50 for staff -authorized change orders to address unforeseen conditions, bringing the total not-to-exceed contract and purchase order amount to $2,354,302.50. E. Proposed Resolution No. R25-321- Approve Task Order No. GESUT-1A-01- 25 with Carollo Engineers, Inc. for professional engineering services, including project management, contract specifications, bid assistance, design services, and construction management services for the East Water Treatment Plant Lime Softening Basin Structure Repair Project in an amount not to exceed $120,025. F. Proposed Resolution No. R25-322- Approve the Utilities Department’s request to declare the two chillers and related components at the District Energy Service Plant as surplus property and authorize the use of the City’s approved auction and surplus disposal methods to facilitate their sale. G. Approve the annual expenditure and authorize the Mayor to sign the renewal amendments for RFPs/Bids and/or piggybacks for the procurement of services 364 City Commission Meeting Boynton Beach, FL December 2, 2025 7 and/or commodities as described in Exhibit A for December 2, 2025 - Amendment Request for Bid Extensions and/or Piggybacks. H. Proposed Resolution No. R25-324- Award Invitation to Bid No. PWE24-008 for the S.E. 1st Street Improvement Project to R&D Paving, LLC for a project amount of $4,855,166.07 plus a contingency of $485,516.61, totaling $5,340,682.68, of which $1,500,000 will be paid by federal grant funding passed-through FDOT. Motion: Vice Mayor Hay moved to approve Consent Bids and Purchases. Commissioner Kelley seconded the motion. The motion passed unanimously. 8. Public Hearing A. Proposed Major Site Plan Modification (MSPM-2024.11.73304) for a new 32,000-square-foot warehouse facility for Feeding South Florida. Deputy City Clerk Stanzione swore in those intending to speak and read the item into the record. Commissioner Turkin said regarding Item 8A that he had no ex-parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. He requested that these disclosures and all written communication be made part of the record. Commissioner Kelley said regarding Item 8A that she had ex-parte communication with a representative from Feeding South Florida, had not received written communication, had not conducted an investigation, had not made a site visit, and had not receive d expert opinions. She requested that these disclosures and all written communication be made part of the record. Vice Mayor Hay said regarding Item 8A that he had no communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. He requested that these disclosures and all written communication be made part of the record. Commissioner Cruz said regarding Item 8A that she had no ex-parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. She requested that these disclosures and all written communication be made part of the record. Mayor Shelton said regarding Item 8A that she had no ex-parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. She requested that these disclosures and all 365 City Commission Meeting Boynton Beach, FL December 2, 2025 8 written communication be made part of the record. Steve Knight, on behalf of Feeding South Florida, presented the following: Feeding South Florida; request; existing and proposed building; site plan; landscaping; elevations; and conclusion. There were no staff presentation or additional comments. Mayor Shelton opened public comment, and no one came forth to speak, so she closed public comment. Motion: Vice Mayor Hay moved to approve Proposed Major Site Plan Modification (MSPM- 2024.11.73304) for a new 32,000 -square-foot warehouse facility for Feeding South Florida. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 25-045- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Chapter 3, Article III, Section 2.G IPUD; Chapter 3, Article IV, Section 3 Use Regulations; Chapter 4, Article III, Section 8.A.3.b Plaza Requirements; and Chapter 4, Article IV, Section 4.C.1 Signs amending IPUD (Infill Planned Unit Development) for clarifications that only residential uses are permitted; providing for codification; conflicts; severability; and an effective date. Deputy City Clerk Stanzione read the ordinance into the record. Kevin Fischer, Planning and Zoning Division Director presented the following: purpose and overview. There were no questions or discussion from the City Commission. Motion: Vice Mayor Hay moved to approve Proposed Ordinance No. 25-045 on First Reading. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. 9. City Manager’s Report- NONE 10. Regular Agenda A. Proposed Ordinance No. 25-046- First Reading of an Ordinance of the City of Boynton Beach, Florida, Adopting the City’s Five-Year Capital Improvement Program for Fiscal Years 2026 through 2030. 366 City Commission Meeting Boynton Beach, FL December 2, 2025 9 Deputy City Clerk Stanzione read the ordinance into the record. Motion: Vice Mayor Hay moved to approve Ordinance No. 25-046 on first reading. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. B. Discussion regarding city-wide lighting audit and evaluation. Commissioner Turkin said that he spoke with Amy Kemp from FPL and that she was willing to assist with a City-wide lighting audit. He stated that a study was the first step and that staff needed to determine its scope and cost. He mentioned that improved lighting would support downtown growth, enhance safety, and benefit nearby neighborhoods, and he asked for support to move the effort forward , using grants or mobility fees if possible. Commissioner Cruz said that she supported moving forward with the lighting audit discussion and that improved lighting would benefit safety and neighborhood quality. She stated that she agreed it was important to explore funding options and to ensure that infrastructure keeps pace with growth in the downtown area. William Leidy, Division Director of Engineering, reviewed the following: current street lighting assessment; reporting lighting issues; near-term upgrades; future upgrades to consider; technology and innovation opportunities; and cost and funding. Commissioner Turkin clarified that the lighting concern was a City-wide issue. Vice Mayor Hay said that the effort was long overdue and that the City was headed in the right direction. He questioned the differences in lighting levels. Mr. Leidy noted that there was not a City-wide standard for brightness and that dim lights indicated a malfunction that FP&L should address. Commissioner Kelley said that City residents should not be forced to pay for lighting when county residents did not, and that a City-wide study was needed to establish priorities. She said that the City should ensure it was not choosing county roads for improvements. Vice Mayor Hay asked what criteria was used to determine where lighting was needed. Mr. Leidy said that safety and visibility were the primary considerations for roadway lighting. He confirmed with the City Commission that the feasibility study should rev iew lighting Citywide, including major corridors and residential neighborhoods. C. Discussion regarding referendum questions for March 2026 Municipal Election. 367 City Commission Meeting Boynton Beach, FL December 2, 2025 10 City Attorney Lamb explained that direction was needed on when to place the referendum items on the ballot. She noted that the timing depends on whether an election would occur and that conducting a mail-in ballot would cost about $540,000, which was significantly higher than a regular election. She asked for guidance from the City Commission on how to proceed. Commissioner Kelley said that the City should move forward with the referendum since the Charter Review Committee and the Commission completed their work and funding for an election was already planned. She noted that residents were already receiving vote-by-mail reminders for other elections and that the City could neutrally remind residents that the referendum was proceeding. She said that the changes were important and should continue moving forward. Mayor Shelton agreed with Commissioner Kelley. Commissioner Cruz said that she had serious concerns about the cost. She said that the referendum should appear on a future ballot to advance the charter committee’s work but that it should occur during a regular Citywide election. City Attorney Lamb offered a clarification that the $541,000 figure from the City Clerk applied only if the City conducted a mail-in-only election. Commissioner Cruz said that if the cost were only about $80,000 and the City had already budgeted for that amount, she would be comfortable moving forward. Vice Mayor Hay agreed. Commissioner Turkin said that although he shared concerns about cost, the long-term return justified moving forward. He said that clearer residency rules and the two -year resolution would strengthen the election process and that voters should de cide these changes. He supported proceeding and stated that the City should provide neutral information, so residents knew the referendum was happening. D. Discussion on amending the General Employees’ Pension ordinance to allow the Public Safety Chiefs to opt into the General Employees’ Pension Plan. City Manager Dugger said that the item aligned with State Statute and that employees had the option to choose between the two pension plans that the state recognized. He stated that he would like the Pension Board to vote on the matter. Commissioner Kelley said that she wanted input from the Pension Board before moving forward. City Attorney Lamb said that the Pension Board’s Attorney wanted to confirm City Commission consensus before bringing the issue to the Board. She stated that if 368 City Commission Meeting Boynton Beach, FL December 2, 2025 11 consensus existed, the Pension Board’s Attorney would draft the ordinance and return it to the Commission for review and approval. 11. Future Agenda Items A. Quarterly joint City/CRA coordination meeting - January 13, 2026 B. Discussion regarding combining City properties together to create senior affordable housing.- January 13, 2026 (CRA/City Joint meeting) C. Discussion regarding a proposed Ordinance of the City of Boynton Beach, Florida repealing and replacing Chapter 15 "Offenses- Miscellaneous*," Article I "In General" Noise Control-Short title," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. Tabled at the August 19, 2025, meeting.- TBD D. Discussion regarding requirements to construct required sidewalks and exemptions as outlined in Land Development Regulations, Chapter 4, Article VIII, Section 3 Standards, D Sidewalks. – TBD E. Discussion regarding creating a beautification board. – TBD F. Discussion in regards to an additional area that might be available as a future cemetery.- TBD G. Discussion on utility lift station upgrades and odor control – TBD H. Discussion regarding Amendments to the Code of Ordinances rega rding flooding in the community.- TBD Commissioner Turkin requested a report on how departments were working together on Citywide beautification so that a coordinated plan could be formulated. He said that he wanted more interdepartmental collaboration, an action item with follow-up, and tangible results. Mayor Shelton agreed with Commissioner Turkin and requested a breakdown of where code enforcement fines were coming from, along with data on repeat offenders. City Manager Dugger said that he was looking at creating a position to lead this effort and that he had several high-performing candidates in mind. He asked whether Commissioner Turkin’s concern also related to overtime. Commissioner Turkin said that he felt overtime funds were being used as a piggy bank. City Manager Dugger said that overtime spending was tied to City events. 369 City Commission Meeting Boynton Beach, FL December 2, 2025 12 Commissioner Kelley mentioned that District IV had an issue with a semitruck parked for 24 hours without any sticker and that this showed the need for joint efforts between departments. 12. Adjournment Motion: Commissioner Turkin moved to adjourn. Commissioner Cruz seconded the motion. The motion passed unanimously. With no further business to discuss, the meeting was adjourned at 7:51 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MPA, MMC City Clerk 370 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases 01/20/2026 Meeting Date: 01/20/2026 Proposed Resolution No. R26-008- Ratification of FY2025 Expenditures and Authorization of Revised Annual Amount with Pat's Pump & Blower, Inc., Cintas, and AT&T. Requested Action: Staff recommends approval of Proposed Resolution No. R26-008. Explanation of Request: Over the past year, the Procurement Services Division has taken deliberate steps to strengthen vendor oversight and improve visibility into Citywide expenditures. This effort reflects a more proactive approach to procurement management and enhances transparency for both the City Commission and the public. Currently, the City utilizes five purchasing methods to procure goods and services: Purchase Orders, Blanket Purchase Orders, P-121 (Check Requests), Field Orders (Special Orders processed through Materials and Distribution), and P-Cards. Throughout the fiscal year, Procurement Services implemented enhanced controls and reporting mechanisms to more effectively capture and monitor total vendor spend across all purchasing methods and departments. Currently, this process is highly labor-intensive and requires consolidating multiple data sources through manual Excel exports and reconciliations. As part of the FY25 audit review, several vendors were identified whose total annual expenditures exceeded the Commission approval threshold. These overages resulted from a combination of emergency situations, limited interdepartmental coordination, and urgent operational needs, with purchases occurring across multiple departments. These vendors include: Vendor Name Original Approved Amount Request to Ratify Total Spend with Vendor Amount Over Approval Procurement Exemption Pat’s Pump & Blower, Inc. $41,425.74 $36,593.00 $78,018.74 $3,018.74 Sole Source Cintas (There were multiple Vendor #'s) $85,000.00 $30,000.00 $115,000.00 $40,000.00 Piggyback AT&T (There were multiple Vendor #'s) $ 75,000.00 $175,000.00 $250,000.00 $175,000.00 Piggyback 371 While each individual transaction complied with applicable procurement requirements at the time of purchase, the cumulative annual vendor spend exceeded the approval threshold when evaluated from a Citywide perspective. Pursuant to the City’s updated Procurement Policy, the City Manager ’s approval authority is limited to expenditures up to $75,000, and therefore, all expenditures over $75K require the Commission's approval. To ensure full transparency and maintain public trust, the Procurement Services Division is presenting these items to the City Commission this evening for ratification. The City Commission can expect to see more of these ratifications until we get all the data cleaned up. Looking ahead, as the City continues implementation of the Workday ERP system, staff anticipates significantly enhanced real-time visibility into Citywide purchasing activity. This system will allow vendor expenditures to be reviewed holistically and at a glance, further strengthening internal controls and providing increased transparency into the goods and services procured by the City. How will this affect city programs or services? The ratification addresses prior-year expenditures for services already rendered and paid, and the revised authorized annual amount for FY2026 ensures continuity of essential maintenance and repair services necessary to support ongoing operations. Budgeted Item: Yes Account Line Item and Description: Various Accounts Citywide. Fiscal Impact: All expenditures were charged to existing, budgeted accounts, and sufficient appropriations were available at the time of payment. Attachments: R26-008 Agenda_Item_3906- 2025_Resolution_for_FY_2025_Expenditures_and_Revised_annual_amounts.docx Cintas.pdf 372 RESOLUTION NO. R26-008 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, RATIFYING THE FISCAL YEAR 2025 EXPENDITURES 2 AND AUTHORIZING THE REVISED ANNUAL AMOUNTS WITH PAT’S 3 PUMP & BLOWER, INC., CINTAS, AND AT&T; AND FOR ALL OTHER 4 PURPOSES. 5 6 7 WHEREAS, over the past year, the Procurement Services Division has taken deliberate 8 steps to strengthen vendor oversight and improve visibility into Citywide expenditures. This effort 9 reflects a more proactive approach to procurement management and enhances transparency for 10 both the City Commission and the public; and 11 WHEREAS, currently, the City utilizes five purchasing methods to procure goods and 12 services: Purchase Orders, Blanket Purchase Orders, P-121 (Check Requests), Field Orders (Special 13 Orders processed through Materials and Distribution), and P-Cards. Throughout the fiscal year, 14 Procurement Services implemented enhanced controls and reporting mechanisms to more 15 effectively capture and monitor total vendor spend across all purchasing methods and 16 departments. At present, this process is highly labor-intensive and requires the consolidation of 17 multiple data sources through manual Excel exports and reconciliations; and 18 WHEREAS, as part of the FY25 audit review, several vendors were identified whose total 19 annual expenditures exceeded the Commission approval threshold. These overages resulted from 20 a combination of emergency situations, limited interdepartmental coordination, and urgent 21 operational needs, with purchases occurring across multiple departments; and 22 WHEREAS, these vendors include: 23 24 25 WHEREAS, while each individual transaction complied with applicable procurement 26 requirements at the time of purchase, the cumulative annual vendor spend exceeded the approval 27 373 RESOLUTION NO. R26-008 threshold when evaluated from a Citywide perspective. Pursuant to the City’s updated 28 Procurement Policy, the City Manager’s approval authority is limited to expenditures up to 29 $75,000, and therefore, all expenditures over $75,000 require the commission approval; and 30 WHEREAS, to ensure full transparency and maintain public trust, the Procurement Services 31 Division is presenting these items to the City Commission this evening for ratification. The City 32 Commission can expect to see more of these ratifications until we get all the data cleaned up; and 33 WHEREAS, looking ahead, as the City continues to implement the Workday ERP system, 34 staff anticipate significantly enhanced real-time visibility into Citywide purchasing activity. This 35 system will allow vendor expenditures to be reviewed holistically and at a glance, further 36 strengthening internal controls and providing increased transparency into the goods and services 37 procured by the City; and 38 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 39 best interests of the City's citizens and residents to ratify the Fiscal Year 2025 expenditures and 40 authorize the revised annual amounts with Pat’s Pump & Blower, Inc., Cintas, and AT&T. 41 42 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 43 BEACH, FLORIDA, THAT: 44 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 45 being true and correct and are hereby made a specific part of this Resolution upon adoption. 46 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 47 ratify the Fiscal Year 2025 expenditures and authorizes the revised annual amounts with Pat’s 48 Pump & Blower, Inc., Cintas, and AT&T. 49 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 50 authorizes the City Manager to execute any ancillary documents as may be necessary to 51 accomplish the purpose of this Resolution. 52 SECTION 4. This Resolution shall take effect in accordance with the law. 53 54 [SIGNATURES ON THE FOLLOWING PAGE] 55 56 374 RESOLUTION NO. R26-008 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 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 82 375 EMERGENCY PURCHASE REQUISITION / CONFIRMING PURCHASE ORDER This form is to be used: when the User Department Director has already ordered the goods and / or services from the vendor, and is requesting the concurrence and approval of the Director of Finance and City Manager. DEPARTMENT: DATE: REQUISITION # TOTAL AMOUNT: $ VENDOR NAME: DATE ORDERED FROM VENDOR: DESCRIPTION OF GOODS / SERVICES ORDERED: STATEMENT OF CIRCUMSTANCES: (Explain why the procurement could not be done through normal channels and the consequences if action had not been taken. Please provide all facts impacting the decision.) AUTHORIZED DEPARTMENT HEAD SIGNATURE: ACTION BY DIRECTOR OF FINANCE: [ ] [ ] [ ] Concur with Emergency / Confirming Request; issue Purchase Order. Non-concur* with Emergency / Confirming Request; issue Purchase Order. (Audit justification is the responsibility of the using department.) Approved by Finance on ___________________. Director of Finance Date *Reason for non-concurrence: 376 377 America's Gateway to the Gulfstream The City of Boynton Beach MEMORANDUM TO: Andrew Mack P.E, Deputy City Manager Allen Lawson, Finance Director Andrew Rozwadowski, Purchasing Division Director FROM: Poonam Kalkat, PhD, Utility Director Joshua McDermott, Utility Deputy Director Jeff Kornblum, Utility Fiscal Administrator Wilsert Odige, Finance Coordinator DATE: 9/26/2025 RE: Cintas Blanket Purchase Order Overages & Fire Protection Services – FY25 Summary At the beginning of FY2025, no Blanket Purchase Order (BPO) was established for Cintas services. As a result, the Safety Coordinator submitted invoices without an active purchase order, requiring the issuance of two confirming POs to pay for overdue invoices from October 2024 through February 2025. In March 2025, a Blanket PO under the Omnia Contract was finally requested and approved in the amount of $9,000. The scope of work was for the installation and restocking of first aid kits in Utilities-managed facilities. Subsequently, the City Commission approved a citywide NTE (Not-To- Exceed) amount of $60,000 for Cintas. In June 2025, Procurement directed that all departments transition to using Cintas for fire protection services due to the discontinuation of services from the previous vendor, Johnson Controls. To prepare for an expected increase in costs, all departments were asked to submit updated expenditure estimates for inclusion in a request to the Commission for a revised NTE. Despite multiple requests, the Safety Coordinator failed to respond or submit Utilities' projected fire protection costs in time for the July 15th Commission meeting. As a result, only Public Works’ projected costs were included in the agenda item, and the citywide NTE was increased from $60,000 to $85,000—excluding Utilities' anticipated expenses. From now on, Utility Finance team has been directed to inform the Director or Deputy Director if they are unable to get a Utility staff member to provide information needed so this situation doesn’t occur in the future. 124 E. BOYNTON BEACH UTILITIES 124 East Woolbright Road Boynton Beach, Florida 33435 Office: (561) 742-6400 Fax: (561) 742-6298 Website: www.boynton-beach.org 378 2 In July 2025, the Fire Marshal issued a compliance notice, stating that many fire extinguishers across Utilities facilities were out of code, creating serious liability and safety concerns. At that time, only $3,000 remained on the Utilities BPO with Cintas. Despite instructions (emails sent to staff) to stagger fire protection services to manage costs and ensure code compliance, the Safety Coordinator authorized the servicing of 300 fire extinguishers all at once, resulting in unauthorized invoices totaling $22,918.06—which exceed available funds and cannot be paid under the current BPO. Key Issues Identified: 1. Lack of initial BPO planning for Cintas in FY25 led to multiple confirming POs. 2. Failure to coordinate internally to provide accurate cost estimates ahead of Commission deadlines. 3. Non-responsiveness from the Safety Coordinator led to exclusion from July 15th NTE increase. 4. Lack of fiscal control, resulting in services being authorized well beyond available funding. 5. Code compliance issues compounded urgency but should have been addressed with phased service, as originally instructed. Next Steps / Recommendations: • Immediate internal review of the Safety Coordinator’s handling of procurement and compliance duties. • Keeping Utility leadership informed regarding follow up needed by utility staff so similar situations can be avoided in the future. • Submission of a request to the Commission to further increase the Cintas NTE, now including Utilities' projected fire protection costs for the remainder of FY25. • Consider centralizing oversight of Cintas services through Procurement or another department to ensure consistent compliance and fiscal responsibility. • Implement mandatory deadlines for department submissions related to procurement planning for Commission approval items. • Conduct retraining for staff involved in purchasing, code compliance, and vendor coordination 379 From:Mack, Andrew To:Kornblum, Jeffrey; Rozwadowski, Andrew Cc:Lawson, Alan; Kalkat, Poonam; McDermott, Joshua; Odige, Wilsert; Edmond, Jeanne Subject:RE: Cintas - Past Due Invoices Memo - 10-03-2025 Date:Monday, October 6, 2025 5:37:33 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image372216.png image472617.png image243017.png image664207.png image073391.png image380004.png image105586.png Please move forward with paying the past due invoices and we will ratify this at the next available City Commission meeting. Thanks. Andrew Mack, P.E., CBO, LEED AP​​​​ Deputy City Manager City Manager's Office Mailing Address:P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address:100 E Ocean Ave.| Boynton Beach, Florida 33435 561-742-6401 |561-742-6011 MackA@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: Kornblum, Jeffrey <KornblumJ@bbfl.us> Sent: Friday, October 3, 2025 6:14 PM To: Mack, Andrew <MackA@bbfl.us>; Rozwadowski, Andrew <rozwadowskia@bbfl.us> Cc: Lawson, Alan <lawsona@bbfl.us>; Kalkat, Poonam <KalkatP@bbfl.us>; McDermott, Joshua <mcdermottj@bbfl.us>; Odige, Wilsert <odigew@bbfl.us>; Edmond, Jeanne <edmondj@bbfl.us> Subject: Cintas - Past Due Invoices Memo - 10-03-2025 Importance: High Hi Andrew & Andrew, Please see the attached Cintas memo chronologically outlining the chain of events resulting in the unauthorized servicing of the Utilities fire extinguishers in the amount of $22,918.06. The employee that was managing the Cintas relationship for Utilities is no longer employed by the City. We can provide all the supporting emails if necessary. After review, please let me know if you have any questions, comments, or revisions that need to be made to the memo. Thank you City of Boynton Beach Sailfish Logo Jeffrey Kornblum ​​​​ Finance Supervisor Boynton Beach Utilities, Administration Mailing Address:P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address:100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-742-6423 KornblumJ@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 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 380 381 382 383 384 385 386 387 388 389 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases 01/20/2026 Meeting Date: 01/20/2026 Proposed Resolution No. R26-009- Approving the final rankings for Request for Qualifications (RFQ) No. 25-045Q for NW 3rd Street- SFWMD C-16, (Heart of Boynton), Flood Risk Reduction (Grant Funded)-Engineering Services as recommended by the Evaluation Committee and authorizing City staff to negotiate a contract with the recommended top-ranked proposer, Keith and Associates, in accordance with section 287.055, Florida Statues; and for all other purposes. Requested Action: Staff recommends approval of Proposed Resolution No. R26-009. Explanation of Request: In accordance with the Consultant’s Competitive Negotiations Act (CCNA), section 287.055, Florida Statutes, the City issued RFQ No. 25-045Q on August 19, 2025 to select a qualified engineering consulting firm to provide design, environmental assessment, permitting, bidding, and construction phase services for the NW 3rd Street – SFWMD C-16 Flood Risk Reduction Project within the Heart of Boynton area. The solicitation closed on September 24, 2025, with five (5) firms submitting proposals. One firm, Kimley-Horn and Associates, was disqualified due to participation in the preparation of the grant application. An Evaluation Committee was convened to review and score the proposals in accordance with section 287.055, Florida Statutes. On November 12, 2025, the Committee shortlisted three (3) firms for interviews. One shortlisted firm declined to continue, and the next highest-ranked firm was advanced to interviews to ensure that three firms participated. Final presentations and interviews were conducted on December 10, 2025. The Evaluation Committee ranked the firms as follows: Rank 1: Keith and Associates Rank 2: Craig A. Smith & Associates Rank 3: Civil Works, Inc. Consistent with section 287.055(5), if staff is unable to negotiate a satisfactory contract with the top-ranked firm, the City will proceed to negotiate with the next highest-ranked firm, as necessary. How will this affect city programs or services? Implementation of this project will significantly strengthen the City’s stormwater management program, enhance community resiliency, and directly support the City’s broader public safety and infrastructure sustainability 390 objectives. The Heart of Boynton is a historically underserved, flood-prone neighborhood with inadequate and inconsistent drainage infrastructure, resulting in chronic ponding, roadway deterioration, hazardous travel conditions, and elevated risk to life and property during storm events. Advancing the design of comprehensive stormwater improvements will enable the City to construct a modern, reliable drainage system that reduces flooding frequency and duration, improves stormwater conveyance capacity, protects critical transportation routes, and preserves neighborhood livability. This project also supports the City’s resilience planning efforts and compliance with FEMA Hazard Mitigation Grant Program objectives by reducing disaster vulnerability and enhancing post-storm recovery capabilities. In addition, improved drainage infrastructure will reduce long- term operational burdens, maintenance costs, emergency response needs, and infrastructure repair expenditures associated with repetitive flooding and pavement failure. By investing in this project, the City advances equity by prioritizing infrastructure improvements in a disadvantaged community, safeguards public health and safety, strengthens essential services, and enhances the overall reliability and performance of the City’s stormwater system for current residents and future generations. Budgeted Item: Yes Account Line Item and Description: Funding in the amount of $2,175,000 is available through Utilities CIP Accounts for Project #UC2401: • 403-5000-538-65.09 • 403-5000-533-65.02 • 403-5000-536-65.11 • 403-5000-535-65.04 Fiscal Impact: This project is partially funded through the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP), Grant No. DR-4673-077-R, administered by the Florida Division of Emergency Management. The grant provides funding support for eligible planning, design, and related professional engineering services associated with stormwater and flood risk reduction improvements within the Heart of Boynton project area. Grant reimbursement is subject to strict compliance with federal and state requirements, documentation standards, and procedural approvals. The project also requires a local funding commitment to cover the non-grant-funded portion of the costs, as well as any ineligible expenses or cost overruns that may occur. Local funding has been appropriated within the Utilities Capital Improvement Program to support the City’s share of the project. The City will be responsible for ensuring proper financial administration, cost tracking, and adherence to HMGP grant conditions throughout the duration of the design effort. Advancing the design phase is necessary to maintain eligibility for continued grant participation and to position the project for subsequent construction funding consideration. The proposed investment represents an appropriate and responsible use of available external grant resources supplemented with local funds to support critical stormwater infrastructure planning, reduce long-term risk exposure, and enhance community resilience consistent with the City’s adopted capital program and regulatory obligations. 391 Attachments: R26-009 Agenda_Item_4131-2026_Resolution_for_RFQ_No._25-045Q_Final_ranking.docx 25-045QEvaluationSummary.pdf RFQ 25-045Q Notice of Intent to Negotiate.pdf 25-045Q NW 3rd Street-SFWMD C-16 - Final 9.22.pdf 392 RESOLUTION NO. R26-009 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE FINAL RANKINGS FOR REQUEST 2 FOR QUALIFICATIONS NO. 25-045Q FOR NW 3RD STREET- SFWMD C-3 16, (HEART OF BOYNTON), FLOOD RISK REDUCTION (GRANT 4 FUNDED)-ENGINEERING SERVICES AS RECOMMENDED BY THE 5 EVALUATION COMMITTEE AND AUTHORIZING THE NEGOTIATION OF 6 A CONTRACT WITH THE RECOMMENDED TOP-RANKED PROPOSER, 7 KEITH AND ASSOCIATES, IN ACCORDANCE WITH SECTION 287.055, 8 FLORIDA STATUTES; AND FOR ALL OTHER PURPOSES. 9 10 11 WHEREAS, in accordance with the Consultant’s Competitive Negotiations Act (CCNA), 12 section 287.055, Florida Statutes, the City issued Request for Qualifications (“RFQ”) No. 25-045Q 13 on August 19, 2025, to select a qualified engineering consulting firm to provide design, 14 environmental assessment, permitting, bidding, and construction phase services for the NW 3rd 15 Street – SFWMD C-16 Flood Risk Reduction Project within the Heart of Boynton area; and 16 WHEREAS, the solicitation closed on September 24, 2025, with five (5) firms submitting 17 proposals. One firm, Kimley-Horn and Associates, was disqualified due to participation in the 18 preparation of the grant application; and 19 WHEREAS, an Evaluation Committee was convened to review and score the proposals 20 consistent with section 287.055, Florida Statutes. On November 12, 2025, the Committee 21 shortlisted three (3) firms for interviews. One shortlisted firm declined to continue, and the next 22 highest-ranked firm was advanced to interviews to ensure that three firms participated. Final 23 presentations and interviews were conducted on December 10, 2025. The Evaluation Committee 24 ranked the firms as follows: 25 Rank 1: Keith and Associates 26 Rank 2: Craig A. Smith & Associates 27 Rank 3: Civil Works, Inc.; and 28 WHEREAS, consistent with section 287.055(5), Florida Statutes, if staff is unable to 29 negotiate a satisfactory contract with the top-ranked firm, the City will proceed to negotiate with 30 the next highest-ranked firm, and so forth, as necessary; and 31 32 393 RESOLUTION NO. R26-009 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 the final rankings for RFQ No. 25-34 045Q for NW 3rd Street- SFWMD C-16, (Heart of Boynton), Flood Risk Reduction (Grant Funded)-35 Engineering Services as recommended by the Evaluation Committee and authorize the 36 negotiation of a contract with the recommended top-ranked proposer, Keith and Associates, in 37 accordance with section 287.055, Florida Statutes. 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 the final rankings for RFQ No. 25-045Q for NW 3rd Street- SFWMD C-16, (Heart of 45 Boynton), Flood Risk Reduction (Grant Funded)-Engineering Services as recommended by the 46 Evaluation Committee and authorize the negotiation of a contract with the recommended top-47 ranked proposer, Keith and Associates, in accordance with section 287.055, Florida Statutes. 48 SECTION 3. This Resolution shall take effect in accordance with the law. 49 50 [SIGNATURES ON THE FOLLOWING PAGE] 51 52 394 RESOLUTION NO. R26-009 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 53 CITY OF BOYNTON BEACH, FLORIDA 54 YES NO 55 Mayor – Rebecca Shelton _____ _____ 56 57 Vice Mayor – Woodrow L. Hay _____ _____ 58 59 Commissioner – Angela Cruz _____ _____ 60 61 Commissioner – Thomas Turkin _____ _____ 62 63 Commissioner – Aimee Kelley _____ _____ 64 65 VOTE ______ 66 ATTEST: 67 68 _____________________________ ______________________________ 69 Maylee De Jesús, MPA, MMC Rebecca Shelton 70 City Clerk Mayor 71 72 APPROVED AS TO FORM: 73 (Corporate Seal) 74 75 _______________________________ 76 Shawna G. Lamb 77 City Attorney 78 395 Bid Number: 25-045Q Bid Name: NW 3rd Street - SFWMD C-16 (Heart of Boynton), Flood Risk Reduction (Grant Funded) Closing Date: 9/24/2025 3:00:00 PM Number of Submissions Received: 5 Evaluation: Start Date - End Date: 10/28/2025 12:00:00 AM - 12/10/2025 5:00:00 PM Consensus Meeting: 12/10/2025 5:00:00 PM EVALUATORS Name Stage 1. Theresa Gonzalez Submittal Compliance, Certified Minority Business Enterprise 2. Jose Huertas Adequacy of Personnel - Firms Qualifications, Qualifications of Project Manager Team-Individual (key contract members), and Availability of Specialty Resources, Experience - Approach, Demonstrated Skill Set, and Innovative Ideas to Address the Scope of Work, Past Record - References of Past Performance, Overall Competency – Willingness to meet time and budget, current and projected workloads, and location, Interviews and Presentations 3. Eduardo Garcia Adequacy of Personnel - Firms Qualifications, Qualifications of Project Manager Team-Individual (key contract members), and Availability of Specialty Resources, Experience - Approach, Demonstrated Skill Set, and Innovative Ideas to Address the Scope of Work, Past Record - References of Past Performance, Overall Competency – Willingness to meet time and budget, current and projected workloads, and location, Interviews and Presentations 4. Keith Webber Adequacy of Personnel - Firms Qualifications, 396 Qualifications of Project Manager Team-Individual (key contract members), and Availability of Specialty Resources, Experience - Approach, Demonstrated Skill Set, and Innovative Ideas to Address the Scope of Work, Past Record - References of Past Performance, Overall Competency – Willingness to meet time and budget, current and projected workloads, and location, Interviews and Presentations 5. Charles Phoenix Jr. Adequacy of Personnel - Firms Qualifications, Qualifications of Project Manager Team-Individual (key contract members), and Availability of Specialty Resources, Experience - Approach, Demonstrated Skill Set, and Innovative Ideas to Address the Scope of Work, Past Record - References of Past Performance, Overall Competency – Willingness to meet time and budget, current and projected workloads, and location, Interviews and Presentations 6. Moisey Abdurakhmanov Adequacy of Personnel - Firms Qualifications, Qualifications of Project Manager Team-Individual (key contract members), and Availability of Specialty Resources, Experience - Approach, Demonstrated Skill Set, and Innovative Ideas to Address the Scope of Work, Past Record - References of Past Performance, Overall Competency – Willingness to meet time and budget, current and projected workloads, and location, Interviews and Presentations STAGES Number Name Type Weight N/A Submittal Compliance Compliance N/A 1 Adequacy of Personnel - Firms Qualifications, Qualifications of Project Manager Team- Individual (key contract members), and Availability of Specialty Resources Evaluation 40.00 2 Experience - Approach, Demonstrated Skill Set, and Innovative Ideas to Address the Scope of Work Evaluation 30.00 397 3 Past Record - References of Past Performance Evaluation 10.00 4 Overall Competency – Willingness to meet time and budget, current and projected workloads, and location Evaluation 15.00 5 Certified Minority Business Enterprise Evaluation 5.00 7 Interviews and Presentations Interview 25.00 Grand Total: 125.00 SCORES Submittal Compliance Vendor Score Ardurra Group, Inc. Pass Civil Works, Inc. Pass Craig A. Smith & Associates Pass Keith and Associates Pass Kimley-Horn and Associates, Inc. Fail 1 Adequacy of Personnel - Firms Qualifications, Qualifications of Project Manager Team-Individual (key contract members), and Availability of Specialty Resources Vendor Score out of 40.00 Civil Works, Inc. 26.00 Craig A. Smith & Associates 31.60 Keith and Associates 36.40 2 Experience - Approach, Demonstrated Skill Set, and Innovative Ideas to Address the Scope of Work Vendor Score out of 30.00 Civil Works, Inc. 21.60 398 Craig A. Smith & Associates 21.90 Keith and Associates 27.90 3 Past Record - References of Past Performance Vendor Score out of 10.00 Civil Works, Inc. 8.10 Craig A. Smith & Associates 8.40 Keith and Associates 6.70 4 Overall Competency – Willingness to meet time and budget, current and projected workloads, and location Vendor Score out of 15.00 Civil Works, Inc. 10.50 Craig A. Smith & Associates 11.40 Keith and Associates 13.20 5 Certified Minority Business Enterprise Vendor Score out of 5.00 Civil Works, Inc. 2.50 Craig A. Smith & Associates 0.00 Keith and Associates 2.50 7 Interviews and Presentations Vendor Score out of 25.00 Civil Works, Inc. 20.75 Craig A. Smith & Associates 19.75 Keith and Associates 24.00 CUMULATIVE SCORE RESULTS 399 Rank Vendor Score out of 125.00 1 Keith and Associates 110.70 2 Craig A. Smith & Associates 93.05 3 Civil Works, Inc. 89.45 400 America’s Gateway to the Gulfstream The City of Boynton Beach_________________ NOTICE OF INTENT TO NEGOTIATE/AWARD SOLICITATION NO. RFQ No. 25-045Q SOLICITATION TITLE: NW 3rd Street – SFWMD C-16, (Heart of Boynton), Flood Risk Reduction (Grant Funded) DATE OF NOTICE: December 10, 2025 At the Final Ranking Evaluation Committee meeting held on December 10, 2025, the Evaluation Committee for the above referenced solicitation scored and ranked the firm’s submittals as follows: Rank 1: Keith and Associates Rank 2: Craig A. Smith & Associates Rank 3: Civil Works, Inc. The Intent to Negotiate/Award will be presented to City Commission on January 20, 2026, as a recommendation to approve the Evaluation Committee Final Rankings and authorize staff to enter into negotiations with the highest ranked firm: Keith and Associates. This Notice is conditioned upon and subject to the City of Boynton Beach’s reservation of rights as contained in the RFQ documents and approval by the City Commission. In accordance with Florida Statute 287.055(5), should the City of Boynton Beach be unable to negotiate a satisfactory contract with the highest-ranked firm, the City will subsequently engage in negotiations with the second highest-ranked firm, and continue this process as necessary with lower- ranked firms. In accordance with Section 2-355 of the Palm Beach County Code of Ordinances, the Cone of Silence remains in effect for this solicitation until award, rejection, or other action is taken by the applicable award authority to otherwise end the solicitation process. Submitted by: Theresa Gonzalez __________________________________ Theresa Gonzalez, Senior Procurement Specialist - Utilities PROCUREMENT SERVICES 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 561-742-6310 401 REQUEST FOR QUALIFICATIONS (RFQ) REVISED NW 3RD STREET-SFWMD C-16 (HEART OF BOYNTON), FLOOD RISK REDUCTION (GRANT FUNDED) RFQ No. 25-045Q PUBLISH DATE: August 19, 2025 ADVERTISEMENT DATE: August 19, 2025 NON-MANDATORY PRE- QUALIFICATION MEETING: August 25, 2025 by 1:00 PM QUESTION SUBMISSION DEADLINE: September 14, 2025 by 3:00 PM QUALIFICATION DUE & OPENING DATE: September 24, 2025 by 3:00 PM PRE-PROPOSAL LOCATION: City of Boynton Beach Room 115 100 E. Ocean Avenue Boynton Beach, FL 33435 SUBMISSIONS: Boynton-beach.bidsandtenders.net Bids&tenders Online Submission Only 402 City of Boynton Beach Procurement Division 25-045Q NW 3rd Street – SFWMD C-16, Flood Risk Reduction (Grant Funded) REQUEST FOR QUALIFICATIONS NW 3RD STREET – SFWMD C-16 (HEART OF BOYNTON), FLOOD RISK REDUCTION (GRANT FUNDED) TABLE OF CONTENTS Table of Contents NOTICE TO OFFERORS .............................................................................................................................. 7 SECTION I – INSTRUCTIONS TO OFFERORS – SUBMISSION REQUIREMENTS ................................. 9 1.0 DEFINITIONS .............................................................................................................................. 9 “Addenda” ........................................................................................................................................... 9 “Agreement” ........................................................................................................................................ 9 “Application for Payment” ................................................................................................................. 9 “City” or “Owner” ............................................................................................................................... 9 “Contract Administrator” ................................................................................................................... 8 “Contract Documents” ....................................................................................................................... 8 “Consultant " ....................................................................................................................................... 8 “Defective” ........................................................................................................................................... 8 “Contract Manager” ............................................................................................................................ 8 “Effective Date of the Agreement” .................................................................................................... 8 “Evaluation/Selection Committee” .................................................................................................... 8 “End User (EU)” .................................................................................................................................. 8 “Qualification Package” ..................................................................................................................... 8 “Interested parties” ............................................................................................................................. 8 “Notice to Proceed (NTP)” ................................................................................................................. 8 “Online e-procurement system” or “e-procurement system” ........................................................ 8 “Procurement Services” ..................................................................................................................... 8 “Offeror/Offeror/Responder” ............................................................................................................. 8 “Request for Qualifications (RFQ)” ................................................................................................... 8 “Sub-Consultant” ................................................................................................................................ 8 “Responsible Offeror or Firm” ........................................................................................................... 8 “Responsive Offeror or Firm” ............................................................................................................ 8 “Written Amendment” ........................................................................................................................ 8 Work Order, Project, Services, or Program” .................................................................................... 8 1.1 TYPES OF SOLICITATIONS PROVIDED BY THE CITY ......................................................... 11 1.2 PROCUREMENT DEFINITION FOR SOLICITATION .............................................................. 11 1.3 ONLINE E-PROCUREMENT SYSTEM – (bids&tenders) ....................................................... 11 1.4 EXAMINATION OF CONTRACT DOCUMENTS ...................................................................... 11 1.5 ELIGIBILITY OF OFFEROR ..................................................................................................... 12 1.6 QUALIFICATIONS OF OFFERORS ......................................................................................... 12 1.7 PRE-QUALIFICATION CONFERENCE .................................................................................... 12 403 City of Boynton Beach Procurement Division 25-045Q NW 3rd Street – SFWMD C-16, Flood Risk Reduction (Grant Funded) 1.8 QUESTIONS AND ADDENDA ON THIS SOLICITATION ....................................................... 12 1.9 MISTAKES WITHIN RFQ .......................................................................................................... 13 1.10 SUBMISSION OF THE PROPOSAL ........................................................................................ 13 1.11 RFQ FORMS ............................................................................................................................. 13 1.12 EXECUTION OF SOLICITATION DOCUMENTS ..................................................................... 14 1.13 CAUSES FOR REJECTION ...................................................................................................... 14 1.14 REJECTION OF PROPOSALS ................................................................................................ 14 1.15 WITHDRAW OF PROPOSALS ................................................................................................. 15 1.16 NO SUBMITTAL ........................................................................................................................ 15 1.17 SOLICITATION DEADLINE ...................................................................................................... 15 1.18 RIGHTS OF THE CITY .............................................................................................................. 15 1.19 PROTEST PROCEDURE .......................................................................................................... 15 1.20 MINIMUM STANDARDS REQUIRED BY THE CITY ............................................................... 16 1.21 DISQUALIFICATION OF OFFEROR ........................................................................................ 16 1.22 INFORMATION AND DESCRIPTIVE LITERATURE................................................................ 16 1.23 INTERPRETATIONS ................................................................................................................. 16 1.24 CERTIFICATIONS, LICENSES, AND PERMITS ...................................................................... 16 1.25 SUB-CONSULTING .................................................................................................................. 17 1.26 ESCALATOR CLAUSE ............................................................................................................. 17 1.27 EXCEPTIONS BY OFFEROR ................................................................................................... 17 1.28 TRADE SECRET ....................................................................................................................... 17 1.29 ANTI-KICKBACK AFFIDAVIT .................................................................................................. 18 1.30 CONFLICT OF INTEREST / GIFT POLICY .............................................................................. 18 1.31 GIFT POLICY ............................................................................................................................ 18 1.32 CONFIRMATION OF MINORITY-OWNED BUSINESS ........................................................... 18 1.33 AWARD OF CONTRACT: ......................................................................................................... 18 1.34 SIGNING OF CONTRACT: ....................................................................................................... 19 SECTION II – SCOPE OF WORK (SERVICES) – PROJECT AGREEMENT ........................................... 20 2.1 BACKGROUND ........................................................................................................................ 20 2.2 SCOPE OF SERVICES / GOAL ............................................................................................... 20 2.3 TERM OF PROJECT SCHEDULE/TIMELINE .......................................................................... 22 2.4 SERVICES TO BE PERFORMED: ........................................................................................... 22 2.5 EXISTING CONDITIONS .......................................................................................................... 22 2.6 BUDGET FOR PROJECT: ........................................................................................................ 23 2.7 AWARD of RFQ/SELECTION PROCESS: .............................................................................. 23 2.8 RESPONSIBILITIES OF CONSULTANT: ................................................................................ 23 2.9 PROHIBITION AGAINST CONTINGENT FEES....................................................................... 23 2.10 GENERAL ................................................................................................................................. 24 2.11 TIME SCHEDULE AND TIME FRAMES ................................................................................... 24 SECTION III – SUBMISSION OF QUALIFICATION PACKAGE ............................................................... 25 3.1 GENERAL REQUIREMENTS ................................................................................................... 25 404 City of Boynton Beach Procurement Division 25-045Q NW 3rd Street – SFWMD C-16, Flood Risk Reduction (Grant Funded) 3.2 CERTIFICATION AND LICENSES ........................................................................................... 25 3.3 DETAILED QUALIFICATION PACKAGE ................................................................................ 25 A. Letter of Interest ......................................................................................................................... 25 B. Standard Form 330 (Parts I and II) – Firms Qualifications ........................................................ 25 C. Certified Minority Business Enterprise ....................................................................................... 25 D. Offeror’s Qualifications .............................................................................................................. 26 E. Willingness to meet budget and timeline requirements: ............................................................ 26 F. Location: .................................................................................................................................... 26 G. Financial Information: ................................................................................................................ 26 H. Current and Projected Workload of the Offeror (by office local, if applicable) ........................... 27 I. References – Past Performance ............................................................................................... 27 J. Submittal of General Information and Procurement Forms and Documents .................... 28 SECTION IV – EVALUATION OF QUALIFICATION PACKAGE .............................................................. 29 4.1 EVALUATION METHOD AND CRITERIA ................................................................................ 29 4.3 CITY’S RIGHT TO USE BEST-VALUE RANKING: ................................................................. 30 4.4 ADDITIONAL CLARIFICATION: .............................................................................................. 30 4.5 SELECTION PROCESS: .......................................................................................................... 30 SECTION V – STANDARD GENERAL TERMS AND PROVISIONS ........................................................ 32 5.1 FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: ................ 32 5.2 NON-COLLUSION .................................................................................................................... 32 5.3 LEGAL CONDITIONS ............................................................................................................... 32 5.4 CONFLICT OF INTEREST ........................................................................................................ 32 5.5 ADDITIONAL HOURS QUANTITIES ........................................................................................ 32 5.6 DISPUTES ................................................................................................................................. 32 5.7 LEGAL REQUIREMENTS: ....................................................................................................... 32 5.8 ON PUBLIC ENTITY CRIMES .................................................................................................. 32 5.9 FEDERAL AND STATE TAX: ................................................................................................... 32 5.10 PURCHASE ORDER REQUIRED: ........................................................................................... 32 5.11 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: ......................................... 33 5.12 PALM BEACH COUNTY INSPECTOR GENERAL:................................................................. 33 5.13 OTHER AGENCIES .................................................................................................................. 33 5.14 VENUE AND GOVERNING LAW: ............................................................................................ 33 5.15 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT..................................... 33 5.16 INDEPENDENT CONSULTANT RELATIONSHIP: .................................................................. 33 5.17 OMISSION OF DETAILS .......................................................................................................... 34 5.18 LOBBYING - CONE OF SILENCE: .......................................................................................... 34 5.19 LEGAL EXPENSES: ................................................................................................................. 34 5.20 NO THIRD-PARTY BENEFICIARIES: ...................................................................................... 34 5.21 DIRECT OWNER PURCHASES: .............................................................................................. 34 5.22 SCRUTINIZED COMPANIES:................................................................................................... 34 5.23 DISCRIMINATORY VENDOR LIST .......................................................................................... 34 405 City of Boynton Beach Procurement Division 25-045Q NW 3rd Street – SFWMD C-16, Flood Risk Reduction (Grant Funded) 5.24 NON-EXCLUSIVE ..................................................................................................................... 34 5.25 BUSINESS INFORMATION ...................................................................................................... 35 5.26 AGREEMENT/CONTRACT ....................................................................................................... 35 5.27 ENDORSEMENTS .................................................................................................................... 35 5.28 DRUG-FREE WORKPLACE ..................................................................................................... 35 5.29 PROHIBITED TELECOMMUNICATIONS EQUIPMENT .......................................................... 35 5.30 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING ................................................................................. 35 5.31 RIGHTS IN DATA ...................................................................................................................... 35 5.32 DOCUMENTATION OF COSTS ............................................................................................... 35 5.33 PUBLIC RECORDS .................................................................................................................. 35 SECTION VI – SPECIAL CONDITIONS .................................................................................................... 37 6.1 ASSIGNMENT: .......................................................................................................................... 37 6.2 AGREEMENT EXTENSION ...................................................................................................... 37 6.3 INDEMNIFICATION ................................................................................................................... 37 6.4 CHANGES IN THE WORK/CONTRACT PRICE ...................................................................... 37 A. ALLOWANCE ............................................................................................................................ 37 B. CONTRACT PRICE ................................................................................................................... 38 C. CHANGE ORDER ..................................................................................................................... 38 6.5 CHANGES IN CONTRACT TIME ............................................................................................. 38 A. CHANGE ORDER ..................................................................................................................... 38 B. NOTICE ..................................................................................................................................... 38 C. BASIS FOR EXTENSION .......................................................................................................... 38 6.6 TERMINATION .......................................................................................................................... 38 A. DEFAULT AND TERMINATION FOR CAUSE: ........................................................................ 38 B. TERMINATION FOR CONVENIENCE OF CITY ...................................................................... 39 C. REMEDIES: ............................................................................................................................... 39 D. FUNDING OUT .......................................................................................................................... 39 6.7 PERFORMANCE OF CONSULTANT ....................................................................................... 39 6.8 INSURANCE REQUIREMENTS ............................................................................................... 40 6.9 FORCE MAJEURE .................................................................................................................... 40 6.10 IF A WORK AUTHORIZATION OR TASK ORDER IS PERMITTED TO CONTINUE BEYOND THE TERM .............................................................................................................................................. 40 6.11 INSPECTION AND ACCEPTANCE OF WORK PRODUCED .................................................. 40 6.12 CONTINGENT FEE ................................................................................................................... 41 6.13 TRUTH IN NEGOTIATION REPRESENTATION...................................................................... 41 6.14 PERFORMANCE REVIEW EVALUATION: .............................................................................. 41 6.15 ANTI-HUMAN TRAFFICKING .................................................................................................. 41 6.16 VERIFICATION OF EMPLOYMENT ELIGIBILITY – E-VERIFY .............................................. 42 6.17 ENTITIES OF FOREIGN CONCERN ........................................................................................ 42 6.18 SUCCESSORS AND ASSIGNS ............................................................................................... 42 406 City of Boynton Beach Procurement Division 25-045Q NW 3rd Street – SFWMD C-16, Flood Risk Reduction (Grant Funded) 6.19 ENUMERATION OF PRECEDENCE OF CONTRACT DOCUMENTS .................................... 42 SECTION VII – FEDERAL GRANT REQUIREMENTS .............................................................................. 43 Appendix II to Part 200 - Contract Provisions for Non-Federal Entity– Contracts Under Federal Awards .............................................................................................................................................................. 235 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES ......... 239 DRAFT - CONTRACT AGREEMENT PROFESSIONAL SERVICES TERM CONTRACT (CONSTRUCTION) ................................................................................................................................... 242 ATTACHMENT “A” ................................................................................................................................... 275 ATTACHMENT “B” .................................................................................................................................. 278 Exhibit A-B – Federal Grant Requirement (Forms) Exhibit C – Conceptual Heart of Boynton Drainage Improvement Exhibit D – Grant Agreement (4673-077-R- Executed Agreement) & Grant Agreement Modification #1 (4673-077-R MOD #1) 407 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 7 The City of Boynton Beach NOTICE TO OFFERORS REQUEST FOR QUALIFICATIONS FOR NW 3RD STREET – SFWMD C-16 (HEART OF BOYNTON), FLOOD RISK REDUCTION (GRANT FUNDED) RFQ. No. 25-045Q Electronic Requests for Qualification (RFQs) shall be received by the e-procurement system up until September 24, 2025; No Later Than 3:00 P.M. (Local Time); unless specified otherwise, and may not be withdrawn within ONE HUNDRED TWENTY DAYS (120) days after such date and time. All RFQs received will be publicly opened and acknowledged of receipt by the City’s e-procurement system electronically. The e-procurement system does not permit RFQs received after the assigned date and time. For the above reasons, it is recommended that the Offeror(s) allow sufficient time to complete your online Submission and to resolve any issues that may arise. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online, please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach (City) has received a grant through the Hazard Mitigation Grant Program (HMGP), DR-4673-077-R, which is funded by the Federal Emergency Management Agency (FEMA) and administered by the Florida Division of Emergency Management (FDEM). The City seeks an Engineering Consulting Firm (Consultant) to provide services in two phases: • Phase I: Design, modeling and calculations, H&H study/modeling, surveys, environmental assessment, right-of-way (ROW) assessment and easement process, permitting, and preparation of a bidding package for proposed improvements, within the Heart of Boynton area, specifically between NW 3rd Ave, the South Florida Water Management District (SFWMD) C-16 Canal, I-95, and US-1. • Phase II: Upon grant approval for construction, the Consultant will provide bidding assistance and construction administration services for retrofitting stormwater infrastructure within the Heart of Boynton area, specifically between NW 3rd Ave, the SFWMD C-16 Canal, I-95, and US-1. The Offeror(s) shall act as an independent Consultant and not as an employee of the City. Questions related to the RFQ are to be submitted to the Purchasing representative through the e- procurement system only by clicking on the “Submit a Question” button for this specific Solicitation. Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 408 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 8 PRE-QUALIFICATION CONFERENCE: A NON-MANDATORY Pre-Qualification Conference is scheduled for August 25, 2025, at 1:00 P.M. to be held at City of Boynton Beach City Hall Room 115, 100 East Ocean Avenue, Boynton Beach, Florida 33435. The purpose of this meeting is to provide a forum for all concerned parties to discuss the proposed project, answer questions on the solicitation document, review the qualifications requested, provide instructions for submitting qualification packages, and discuss other relevant issues. In the event that any discussions or questions at the pre-qualification meeting require, in the City’s opinion, official additions, deletions, or clarifications of the solicitation or any other document, the City will issue an addendum to this Request for Proposals, as the City determines is appropriate. No oral representation or discussion taking place at the pre-qualification meeting will be binding or may be relied upon by any person or entity. All questions prior to the pre-qualification meeting should be submitted in writing through the City’s e-procurement system by the deadline for questions. LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the advertisement of the proposal, bid, or other response until the City Commission awards or approves a contract, the City rejects all bids or responses or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no Offeror or its agent shall directly or indirectly communicate with any member of the City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Procurement Representative or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the Offeror. Further, any contract that violates the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-qualification conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.07, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until thirty (30) days after the opening of the Proposals/Bids unless the City announces intent to award sooner. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. CITY OF BOYNTON BEACH 409 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 9 NW 3RD STREET – SFWMD C-16 (HEART OF BOYNTON), FLOOD RISK REDUCTION (GRANT FUNDED) SECTION I – INSTRUCTIONS TO OFFERORS – SUBMISSION REQUIREMENTS PROCUREMENT DIVISION Our Mission Statement: We are unwavering in our commitment to promoting integrity, transparency, and fairness in every step of the procurement process. This dedication is the cornerstone of our mission. We strive to maximize value for our community by fostering competitive opportunities for local businesses, ensuring compliance with regulations, and delivering exceptional service to our stakeholders. Through collaboration, planning, and innovation, we aim to support the city’s goals while enhancing the economic vitality of our region. Our Purpose: The City of Boynton Beach's procurement division is dedicated to fostering equitable and fair competition in our solicitations through a transparent procurement process. We actively collaborate with local vendors to ensure that every participant has an equal opportunity to secure government contracts. Our commitment to fairness and transparency is unwavering. Key Goals: As guardians of the public trust, our procurement division is deeply committed to its purpose and mission. Upholding the values of vision, integrity, efficiency, and quality service, we strive to fulfill our commitments with unwavering dedication. Community Impact: Our local, state, and nationwide vendors are essential partners in our purpose and mission. We are dedicated to collaborating with qualified, competitive vendors who share our commitment to quality, efficiency, teamwork, and exceptional customer service. A Message to our Vendors: Your work as a vendor is not just about delivering products and services. It's about enhancing the overall value of our services to our residents. We expect high-quality products and efficient services, delivered on time and as specified, to make a real difference in our community. Additionally, we anticipate that our vendors will collaborate with us as a team and maintain the highest standards of integrity in all interactions with the city’s offices and departments. These are expectations and standards we hold all our vendors to. Diligence in fulfilling the requirements of this solicitation will significantly enhance the overall quality of services delivered to our community. The City seeks a firm that embodies these principles in its work, and the successful candidates will be evaluated against the performance standards detailed in this solicitation. 1.0 DEFINITIONS Whenever the following terms appear in the Proposal, the intent and meaning shall be interpreted as follows: “Addenda” Written or graphic instruments issued before opening Solicitations that clarify, correct, or change the solicitation requirements or the contract document. “Agreement” The written agreement between the City and the Consultant covering the scope of work to be performed, including other Contract Documents attached to the Agreement and made a part thereof. The words “Agreement” and “Contract” are used interchangeably. “Application for Payment” The form acceptable to the Contract Administrator is used by the Consultant during the work in requesting progress or final payments and is accompanied by such supporting documentation as is required by the Contract Documents. “City” or “Owner” The City of Boynton Beach, Florida, a municipal corporation of the State of Florida 410 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 8 “Contract Administrator” The Department’s Director or some other employee expressly designated as Contract Administrator in writing by the Director, who is the representative of the City concerning the Contract Documents. “Contract Documents” The contract documents consist of this Agreement, conditions of the contract (General, Supplementary, and other Conditions), drawings, specifications of this Solicitation, all addenda issued prior to, all modifications issued after execution of this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional modifications and supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. “Consultant " The individual or firm who successfully receives the award for work to be completed as defined by this solicitation. Also referred to as Successful Offeror. “Defective” An adjective which, when modifying the Work, refers to Work that is unsatisfactory, faulty, or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents. “Contract Manager” The City’s authorized Contract representative. “Effective Date of the Agreement” The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. “Evaluation/Selection Committee” City Staff and /or outside consultants or subject matter experts who are assigned to evaluate the submitted proposals. “End User (EU)” An internal member of the city staff has requested a procurement service. Also known as a Stakeholder (SH) “Qualification Package” Submission from the Offeror or Firm for this request for qualification. “Interested parties” Firms or offerors interested in the solicitation plan to eventually create and submit a qualification package. “Notice to Proceed (NTP)” A written notice given by the City to the Consultant fixing the date on which the Contract Time will commence to run and on which the Consultant shall start to perform the Consultant’s obligations under the Contract Documents. Such Notice is to be issued by the project Contract Administrator. “Online e-procurement system” or “e-procurement system” The City of Boynton Beach’s solicitation management system is “bids&tenders.” “Procurement Services” The Procurement Division - Department of Finance of the City of Boynton Beach. “Offeror/Offeror/Responder” Any individual, firm, or corporation submitting a proposal for this project, acting directly or through a duly authorized representative. For the purpose of this solicitation, the terms “Offeror” and “Proposer” are used interchangeably and have the same meaning. “Request for Qualifications (RFQ)” Is a method of procurement permitting discussions with responsible offerors and revisions to proposals prior to the award of a contract. The consultant’s qualifications such as expertise, skills, experience, and other project- specific factors. Requests for Qualifications shall be in compliance with the State of Florida Competitive Consultants Negotiations Act, (CCNA) FS Chapter 287.055. Pricing is not submitted as a part of this evaluation process for submitted qualification proposals.. “Sub-Consultant” Any person, firm, entity, or organization, other than the employees of the Consultant, who contracts with the Consultant to furnish labor, or labor and materials, in connection with the work or services to the City, whether directly or indirectly, on behalf of the Consultant. “Responsible Offeror or Firm” This means a person or firm capable of fully performing the requirements in the RFQ and agreement and having the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit to ensure good faith performance. “Responsive Offeror or Firm” This means a Person or firm who has submitted a Proposal that conforms in all material respects to the requirements outlined in this RFQ. “Written Amendment” A written amendment of the Contract Documents, signed by the CITY and the Consultant on or after the Agreement's Effective Date typically deals with non- technical aspects rather than strictly work-related aspects of the Contract Documents. Work Order, Project, Services, or Program” All matters that will be required to be done by the Consultant in accordance with the Scope of Work, Terms and Conditions, and Special Provisions of this RFQ. 411 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 11 The following instructions are given to guide Offerors in inadequately preparing their responses. These directions have equal force and weight with the specifications, and strict compliance is required with all provisions. 1.1 TYPES OF SOLICITATIONS PROVIDED BY THE CITY Anytime the City releases a new solicitation, it will contain a suffix of one of the following types: B = Invitation for Bid (ITB) R = Request for Proposal (RFP) L = Letter of Interest (LOI) Q = Request for Qualifications (RFQ) RQ = Request for Quote (RFQ) RB = Re-Bid This suffix will determine what type of solicitation the City will be procuring. The City reserves the right to add any additional solicitation types at any time. 1.2 PROCUREMENT DEFINITION FOR SOLICITATION A Request for Qualification (RFQ) is a method of procurement permitting discussions with responsible offerors and revisions to proposals prior to the award of a contract. The consultant’s qualifications, such as expertise, skills, experience, and other project-specific factors. Requests for Qualifications shall be in compliance with the State of Florida Competitive Consultants Negotiations Act (CCNA), F.S. Chapter 287.055. Pricing is not submitted as part of this evaluation process for submitted qualification proposals. Fair and reasonable fees are negotiated with the top-ranked firm for an agreed-upon scope of services. Proposals will be evaluated by an evaluation committee based on the criteria set forth in SECTION IV – EVALUATION OF QUALIFICATION PACKAGES. 1.3 ONLINE E-PROCUREMENT SYSTEM – (bids&tenders) A. The City of Boynton Beach utilizes an electronic online e-procurement system service to notify and distribute its solicitation documents; please visit Boynton- beach.bidsandtenders.net. B. To obtain documents online, please visit Boynton-beach.bidsandtenders.net. C. Before registering for the opportunity, you may preview the solicitation documents with a Preview Watermark. Documents are not provided in any other manner. D. Offerors are cautioned that the timing of their Submittal submission is based on when the Submittal is RECEIVED by the e-procurement System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. E. For the above reasons, sufficient time is recommended to complete your RFQ Submission and resolve any issues that may arise. The online e-procurement system’s web clock shall determine the closing time and date. F. Offerors should contact bids&tenders support listed below at least twenty-four (24) hours prior to the closing time and date if they encounter any problems. G. The e-procurement system will send a confirmation email to the Offeror advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support@bidsandtenders.net. 1.4 EXAMINATION OF CONTRACT DOCUMENTS A. Before submitting a Qualification Package, each Offeror must visit the site (if applicable to the project) to become familiar with the facilities and equipment that may in any manner affect cost or performance of the work; must consider federal, state, grant requirements (if 412 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 12 Applicable) and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work, must carefully compare the Offeror's observations made during site visits or in review of applicable laws with the Qualification Package Documents; and must promptly notify the Procurement Officer of all conflicts, errors and discrepancies, if any, in the Qualification Package Documents. B. The Offeror, by and through the submission of a Proposal, agrees that it shall be held responsible for having examined the facilities and equipment (if applicable), is familiar with the nature and extent of the work and any local conditions that may affect it, and is familiar with the equipment, materials, parts, and labor required to perform the work successfully. 1.5 ELIGIBILITY OF OFFEROR To be eligible to respond to participate in this RFQ, the proposing firm or principals must demonstrate that they, or the principals assigned to the contract, have successfully provided services similar magnitude as those specified in SECTION II. SCOPE OF WORK (SERVICES) of this solicitation to at least one city similar in size and complexity to the City of Boynton Beach or can demonstrate they have the experience with large-scale private sector clients and the managerial and financial ability to perform the services successfully. 1.6 QUALIFICATIONS OF OFFERORS A. No e-submission will be accepted from, nor will any contract be awarded to, any person who is in arrears to the City of Boynton Beach upon any debt or contract or who has defaulted, as surety or otherwise, upon any obligations to the City, or who has been deemed irresponsible or unreliable to the City. B. The City plans to review this RFQ in accordance with Florida Statute 287.055 and any CCNA requirements. C. Awards will be based on past performance and quality of work in addition to the Consultant’s RFQ response. D. If selected for a contract, all Consultants must perform to the satisfaction of the City before being considered for award of additional contracts. E. Consultants whose performance is unsatisfactory shall be subject to debarment or suspension. 1.7 PRE-QUALIFICATION CONFERENCE The city may hold a pre-qualification conference for this project. The information regarding such a meeting will be noted on the 1st page of this document. 1.8 QUESTIONS AND ADDENDA ON THIS SOLICITATION From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Offerors through the City’s e- Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Offeror to have received ALL addenda issued. Offerors should check online at Boynton-beach.bidsandtenders.net before submitting their proposal and until the proposal closing time and date in the event, to ensure no additional addenda are issued. If an Offeror submits their proposal before the BID closing time and date and an addendum has been issued, the e-procurement system shall WITHDRAW the proposal. The submittal status will change to an INCOMPLETE STATUS, and the Proposal will be withdrawn. The Offeror can view this status change in the “MY BIDS” section of the e-procurement system. A. The Offeror is solely responsible for creating any required adjustments to their Bid/Proposal, acknowledging the addenda, and ensuring the re-submitted Bid/Proposal is RECEIVED by the e-procurement System no later than the stated Bid/Proposal closing time and date. B. The Offeror is responsible for submitting written questions or requesting clarification for 413 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 13 items included in this solicitation through bids&tenders. C. Any and all responses to questions or inquiries, interpretations, and supplemental instructions will be in the form of a written addendum, which, if issued, will be posted through bids and tenders. D. No verbal interpretations may be relied upon. E. Failure of any Offeror to receive any such addenda or interpretation shall not relieve any Offeror from any obligation under a response as submitted. All addenda so issued shall become a part of the solicitation document. F. Offeror shall acknowledge receipt of any addenda through the e-procurement system by checking a box for each addendum and any applicable attachment. G. It is the Offeror's responsibility to have received all issued addenda. Offerors should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the BID closing time and date in the event additional addenda are issued. H. Interested parties may preview the solicitation documents with a Preview Watermark before registering for the opportunity. Documents are not provided in any other manner. I. If any interested parties have received this RFQ packet from a source other than bids&tenders directly and the Interested Party is not registered with bids&tenders, they must register with bids&tenders. J. No negotiations, decisions, or actions shall be initiated by the Offeror as a result of any discussions with a City employee. K. Only those communications in writing from the Purchasing Division may be considered a duly authorized expression. Also, only communications from Offerors submitted through bids&tenders in writing will be recognized by the City as duly authorized expressions on behalf of the Offeror. L. Late Submittal Responses are not permitted by the e-procurement system. M. To ensure receipt of the latest information and updates via email regarding this solicitation, or if an Offeror has obtained this Solicitation from a third party, the responsibility is on the Offeror to create an e-procurement system vendor account and register as a plan taker for the solicitation with bids&tenders. N. All expenses for making SUBMITTAL responses to the City are to be borne by the Offeror. 1.9 MISTAKES WITHIN RFQ Offerors are cautioned to examine all terms, conditions, specifications, Scope of Work, exhibits, addenda, delivery instructions, and special conditions pertaining to the solicitation. Failure to examine all pertinent documents shall not entitle the Offeror to any relief from the conditions imposed in the contract and may lead to the rejection of a proposal. 1.10 SUBMISSION OF THE PROPOSAL A. The City’s e-procurement solicitation system shall receive ELECTRONIC BID SUBMISSIONS ONLY. B. Hardcopy submissions are not permitted. C. Electronic Request for Qualifications/Request for Proposals/Invitation to Bid Proposals for this solicitation shall be received by the City’s e-procurement system no later than the time outlined on page #1 of this solicitation. D. Late responses are not permitted by the e-procurement system. It shall be the sole responsibility of the Offeror to have their Request for Qualifications/Request for Proposals/Invitation to Bid submittal submitted online. E. All qualification packages shall be submitted in English. 1.11 RFQ FORMS A. The Offeror will submit a response to the solicitation (RFQ) on the proposal submission forms provided. All proposal submissions prices, amounts, and descriptive information must be entered into the e-procurement system bids&tenders. B. The Offeror must be licensed to do business as an individual, partnership, or corporation in the State of Florida. C. All qualification package forms should be executed and submitted for easy identification. Responses not submitted on the proposal submission forms may be rejected. 414 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 14 D. All qualification package submissions are subject to the conditions specified in this solicitation document. Submittals that do not comply with these conditions may be rejected. E. THE FOLLOWING FILLABLE DIGITAL FORMS HAVE BEEN CREATED AND MUST BE SUBMITTED / ACKNOWLEDGED WITH EACH BID: i Certification ii Vendor Drug-Free Workplace iii Qualification Statement iv References v Scrutinized Companies List vi E-Verify Compliance vii Sub-Contractor Form viii Firm’s Primary Ownership F. FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION i Document Upload 1: Complete Qualification Package as described in SECTION III – Detailed Qualification Package ii Document Upload 2: Non-Collusive Affidavit & Acknowledgement iii Document Upload 3: Scrutinized Companies Affidavit & Foreign Entity Ownership Affidavit iv Document Upload 4: Qualification Statement v Document Upload 5: Anti-Human Trafficking Affidavit & Anti-Kick Back Affidavit vi Document Upload 6: Proof of State Certified or County Competency vii Document Upload 7: Certificate of Insurance – Proof of Requirements, and Internal Revenue Service Form W-9 viii Document Upload 8: Disclosure of Lobbying Activities and Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion ix Document Upload 9: Exhibits A to B – Federal Grant Provisions x Document Upload 10: Proof of Certified Minority Business Enterprise 1.12 EXECUTION OF SOLICITATION DOCUMENTS Proposal Submissions to this solicitation must contain a manual or digital signature of an authorized representative in the space provided on all affidavits and proposal sheets. 1.13 CAUSES FOR REJECTION No response will be canvassed, considered, or accepted which, in the opinion of the City’s evaluation committee, is incomplete, informal, or unbalanced, or contains inadequate documentation as required herein. Any alteration, erasure, interlineations, or failure to specify a response for all items called for in the schedule may render the proposal invalid. 1.14 REJECTION OF PROPOSALS A. The City reserves the right to reject any proposal if the evidence submitted by the Offeror, or if the investigation of such Offeror, fails to satisfy the City that such Offeror is appropriately qualified to carry out the obligations and to complete the work contemplated. B. Any or all proposals will be rejected if there is reason to believe that collusion exists among Offerors. A proposal shall be considered irregular and may be rejected if it indicates serious omissions, alterations in form, additions not called for, conditions or unauthorized alternates, or irregularities of any kind. 415 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 15 C. The City reserves the right to reject any or all proposals, waive such technical errors, waive informalities or irregularities in any response received, re-advertise, or take any other actions as may be deemed best for the interests of the City. 1.15 WITHDRAW OF PROPOSALS Any responder may, without prejudice to themself, withdraw their response at any time prior to the expiration of the time during which responses may be submitted. Such withdrawal request must be in writing and signed in the same manner and by the same person who signed the response through bids&tenders. After the expiration period for receiving responses, no proposal can be withdrawn. 1.16 NO SUBMITTAL A NO SUBMITTAL response can be submitted online through bids&tenders, the e-procurement system. 1.17 SOLICITATION DEADLINE The Offeror is responsible for ensuring that the proposal is submitted electronically by or at the proper time and date before the solicitation deadline. The e-procurement solicitation system does not permit late submission responses. 1.18 RIGHTS OF THE CITY The City reserves the right to the following: A. Reject any or all proposals. B. Reject or cancel any or all RFP, RFQ, or BID during the procurement process. C. Reissue a solicitation, including a Request for Proposals (RFP), Request for Qualifications (RFQ), or Invitation to Bid (ITB). D. Extend the RFP, RFQ, or BID deadline time and date. E. Procure any item by other means. F. Increase or decrease the quantity specified in the Request for Proposals (RFP), Request for Qualifications (RFQ), or Invitation to Bid (ITB). G. Consider and accept an alternate RFP/RFQ/ITB as provided herein when most advantageous to the City. H. Waive any defect, irregularity, or informality in any RFQ procedure. I. Waive as an informality technical error, minor deviations from specifications, defect, or accept a portion of any proposal deemed to be the most responsive, responsible Offeror(s) representing the most advantageous submission to the City. J. Consideration may be given but is not necessarily limited to conformity to the specifications, including timely delivery; product warranty; the Offeror’s proposed service; ability to supply and provide service; delivery to required schedules; and past performances in other agreements/contracts with the City or other government entities. 1.19 PROTEST PROCEDURE Protest procedures are provided in the City of Boynton Beach Purchasing Policy. Protests shall be submitted in writing and addressed to the Purchasing Director via hand delivery or mail, along with a protest cash bond in an amount equal to 5% of the bid or $5,000, whichever is less. The bond will be refunded to a protester if the protest is upheld. The protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Division within the deadlines as follows: A. If the protest relates to an Invitation to Bid, Request for Proposal, or Request for Qualifications, it must be received before the bid submittal deadline date. B. If the protest relates to any other matter relating to the bid, including, but not limited to, the award of an agreement/contract, the protest must be received no later than THREE (3) 416 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 16 regular business days after the date of notification of intent to award by a member of the purchasing staff. Failure to file a protest as outlined in the City of Boynton Beach’s Purchasing Policy shall constitute a waiver of proceedings. 1.20 MINIMUM STANDARDS REQUIRED BY THE CITY Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Offeror has the following: A. The appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all agreement/contractual requirements. B. A satisfactory record of performance. C. A satisfactory record of integrity. D. Qualified legally to Agreement/contract within the State of Florida and the City of Boynton Beach. E. Supplied all necessary information in connection with the inquiry concerning responsibility. 1.21 DISQUALIFICATION OF OFFEROR More than one Proposal from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All proposals shall be rejected if there is reason to believe collusion exists between Offerors. Automatic disqualifiers are as follows: A. Not being licensed to perform the required work by the Consultant. B. Not being eligible to submit a proposal due to violations listed under “Public Entity Crimes.” 1.22 INFORMATION AND DESCRIPTIVE LITERATURE The Offeror must furnish all information requested in the spaces provided on the proposal submission form. Further, as may be specified elsewhere, each Offeror may need to submit cuts, sketches, descriptive literature, and technical specifications covering the products offered for proposal evaluation. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. 1.23 INTERPRETATIONS To ensure fair consideration for all Offerors, the City prohibits communication to or with any department, officer, or employee during the solicitation process as described in the Cone of Silence except as otherwise specified. If the Offeror should be in doubt as to the meaning of any of the solicitation documents or believes that the plans and/or specifications contain errors, contradictions, or reflect omissions, the Offeror shall direct questions to the Purchasing representative through the e-procurement solicitation system only by clicking on the “Submit a Question” button for this Bid, no later than ten (10) days prior to the solicitation deadline. 1.24 CERTIFICATIONS, LICENSES, AND PERMITS A. Unless otherwise directed by the City, the Offeror should provide a copy of all applicable certificates of Competency or Licenses issued by the State of Florida or the Palm Beach County Licensing Board in the name of the Offeror. B. If applicable, the Offeror shall also maintain a current Local Business Tax Receipt (Occupational License) for the County and all permits required to complete the agreement/contractual service at no additional cost to the City. C. A County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. It shall be the responsibility of the Consultant to obtain all certifications, licenses, and permits, if required, to complete the services at no additional cost to the City. D. It is the responsibility of the Offeror to ensure all required certifications, licenses, and permits are maintained and are current throughout the term of the contract, inclusive of any renewals. 417 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 17 E. Licenses and permits shall be readily available for review by the Procurement Representative and City Inspectors. F. Failure to meet this requirement shall be considered a default of the contract. 1.25 SUB-CONSULTING A. If an Offeror utilizes sub-consultants for any portion of a Contract for any reason, the Offeror should state the name and address of the sub-consultant and the name of the person to be contacted on the online form within the e-procurement system under “Schedule of Sub- consultant.” B. The City of Boynton Beach reserves the right to accept or reject any or all proposals wherein a sub-consultant is named and to make the award to the Consultant, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. C. The City also reserves the right to reject a submission of any Offeror if the solicitation names a sub-consultant who has previously failed to perform an award properly or failed to deliver on-time Contracts of a similar nature, or who cannot perform correctly under this award. D. The City reserves the right to inspect all facilities of any sub-consultant to determine the foregoing. E. The sub-consultant will be equally responsible for meeting all requirements specified in this Request for Qualifications (RFQ). F. Offerors are encouraged to seek participation from minority and women-owned business enterprises in subcontracting opportunities. The City reserves all rights to determine the foregoing. 1.26 ESCALATOR CLAUSE Any proposal that is submitted subject to an escalator clause will be rejected. 1.27 EXCEPTIONS BY OFFEROR Incorporation in a proposal of exceptions to any portion(s) of the Contract documents may invalidate the proposal. Exceptions to the Scope of Work and/or Special Provisions shall be clearly and specifically noted in the submitted proposal on a separate sheet marked “EXCEPTIONS TO THE SPECIFICATIONS,” which shall be attached to the proposal. The use of the Offeror’s standard forms or the inclusion of the manufacturer’s printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 1.28 TRADE SECRET Any language contained in the Offeror’s proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is, in the City’s opinion, a Trade Secret pursuant to Florida law, shall be void. If a Offeror submits any documents or other information to the City that the Offeror claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Offeror shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Offeror must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Offeror’s proposal constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Offeror agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 418 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 18 1.29 ANTI-KICKBACK AFFIDAVIT Each Offeror shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Offeror to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 1.30 CONFLICT OF INTEREST / GIFT POLICY The Offeror 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. All Offerors shall disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Offeror’s firm or any of its branches. A. CONFLICT OF INTEREST: No employee, officer, or agent of the City may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or may receive a tangible personal benefit from a Offeror considered for a City contract. In addition, the Offeror shall disclose to City in writing all federal criminal law violations involving fraud, bribery, or gratuity that potentially affect the award of this solicitation Failure to make the required disclosures can result in withheld payments, award termination, suspension, or debarment of the Offeror. B. ORGANIZATIONAL CONFLICT OF INTEREST: The Offeror shall not have activities or relationships (a) causing the Offeror to be unable, or potentially unable, to render impartial assistance or advice to the City; (b) impairing the Offeror's objectivity in performing the contract work; or (c) resulting in an unfair competitive advantage. 1.31 GIFT POLICY No Offeror who is a party to, or receives a benefit from, this agreement/contract shall offer a gratuity, favor, or anything of monetary value to any officer, employee, or agent of the City. Further, no officer, employee, or agent of the City shall solicit or accept a gratuity, favor, or anything of monetary value from an Offeror who is a party to, or receives a benefit from, this agreement/contract. 1.32 CONFIRMATION OF MINORITY-OWNED BUSINESS It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Offeror shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its submission. 1.33 AWARD OF CONTRACT: A. Contracts or purchase orders will be awarded by the City to the most qualified, responsive, responsible Offeror whose submission represents the most advantageous proposal to the City, the price of the proposal, and other factors considered. B. Proposals will be evaluated based on the evaluation factors and standards set forth herein. The City reserves the right to reject all proposals and waive technical errors as set forth herein. C. In the event of a court challenge to an award by any Offeror, damages, if any, resulting from an award shall be limited to actual bid or proposal preparation costs incurred by the 419 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 19 challenging Offeror. D. In no case will the award be made until all necessary investigations have been made into the Offeror's responsibility and the City is satisfied that the most qualified, responsive, responsible Offeror is qualified to do the work and has the necessary organization, licenses, permits, capital, and equipment to carry out the required work within the time specified. 1.34 SIGNING OF CONTRACT: An Award Letter will be presented to the Consultant. Within ten (10) calendar days after the award letter is issued, the Consultant should sign and deliver the Contract to the city with the required bonds (if applicable) and insurance certificates. After receiving and approving such documents, the Contract would be executed within thirty (30) calendar days. The City intends to deliver a fully signed and executed Contract to the Consultant. At times, a purchase order will be issued in lieu of a contract agreement. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 420 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 20 NW 3RD STREET – SFWMD C-16 (HEART OF BOYNTON), FLOOD RISK REDUCTION (GRANT FUNDED) RFQ No. 25-045Q SECTION II – SCOPE OF WORK (SERVICES) – PROJECT AGREEMENT The City of Boynton Beach seeks to engage qualified engineering-led teams to submit qualifications for investigation, evaluation, design, and construction administration services. The Engineering Services required will consist of the environmental review, design, permitting, bidding, and construction phase services as a Consultant to the City of Boynton Beach. This project will be procured in accordance with 287.055 CCNA guidelines. 2.1 BACKGROUND The Heart of Boynton is located in eastern Boynton Beach, Florida, in Palm Beach County. It is a mixed-use neighborhood located close to the Atlantic Ocean and is home to a historically disadvantaged and impoverished population. Upgrades to the infrastructure within this disadvantaged community will be critical in making the neighborhood more resilient to the effects of climate change and minimizing loss of life and property during natural disasters. The current stormwater infrastructure in this underserved community is insufficient in capacity, leaving residents in this part of Boynton Beach particularly vulnerable to the effects of severe weather events and other hazards. The stormwater infrastructure within the project area is inconsistent. There are even several areas that do not have stormwater facilities. A study by the City’s engineering consultant, CDM Smith, in July 2020, indicates that there are stormwater issues within the project area. The standing water that results from heavy rainfalls causes the roads to develop potholes. To improve equity, safety, life, and health in the Heart of Boynton area, it is imperative to perform infrastructure replacements and upgrades that protect the community during and after a major storm event and increase the area's capacity to process stormwater. The project area is also at risk of riverine flooding from the SFWMD C-16 canal running along the north side of the neighborhood. Heavy rainfall or storm surges can cause the canal to overflow its banks and inundate nearby properties. This poses similar risks to coastal flooding. Riverine flooding is not as common as coastal flooding in this part of the City, but the effects are just as impactful. The Heart of Boynton neighborhood recently experienced particularly bad flooding events in 2011 and 2020. 2.2 SCOPE OF SERVICES / GOAL The goal of the project is to reduce flooding through the installation and improvement of stormwater infrastructure. The project will be focused on increasing capacity for stormwater infrastructure, which will increase the level of protection for residents. The project will assist in protecting life and property and provide better access to emergency services after a natural disaster. The ability to move freely in and out of the neighborhood, having a reliable stormwater collection system that accommodates capacity for the population growth experienced in the past decade, and knowing that stormwater will properly drain following a major rain event will improve the quality of life of City residents. First responders will be able to access those in need during and following a major weather event without having to cautiously navigate standing water. The City of Boynton Beach is issuing this Request for Qualifications (RFQ) to select the most qualified team for design, modeling/calculations, H&H study/modeling, surveys, environmental 421 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 21 assessment, ROW Assessment and Easement process, permitting, and bidding package for the proposed improvements and upon approval of Grant for the construction phase, provide biding assistance and construction administration services for retrofitting existing stormwater infrastructure among the Heart of Boynton area. The City of Boynton Beach (City) has received a Grant funded through the Hazard Mitigation Grant Program (HMGP) DR-4673-077-R passthrough by the Florida Division of Emergency Management (FDEM) and the Federal Emergency Management Agency (FEMA). • Phase I: to include design, modeling/calculations, H&H study/modeling, surveys, environmental assessment, ROW Assessment and Easement process, permitting, and bidding package for the proposed improvements, within the Heart of Boynton area, specifically between NW 3rd Ave, the South Florida Water Management District (SFWMD) C-16 Canal, I-95, and US-1. • Phase II: Upon approval of the grant for the construction, the Consulting firm shall provide bidding assistance and construction administration services for retrofitting existing stormwater infrastructure within the Heart of Boynton area, specifically between NW 3rd Ave - SFWMD C-16 Canal and I-95 – US1. (Refer to Exhibit C - Conceptual Heart of Boynton Drainage Improvements plan). The proposed scope of work shall protect by improving the existing stormwater collection, conveyance, and retention system in the area, by retrofitting existing stormwater infrastructure, increasing the capacity of the stormwater infrastructure, including exfiltration trenches. Additionally, the project shall address the lack of capacity of the existing system, historically causing residents to experience repetitive flooding on roads and structural damage. The project shall be designed to protect against a 25-year storm event. The proposer shall perform all work in compliance with all applicable State and Local Rules and Regulations. Federal law, regulations, executive orders, FDEM grant policies, procedures, and directives to maximize recovery of reimbursable expenses. This shall include the provision of audit quality documentation as required by and acceptable to FDEM for all work accomplished. The scope for the two phases is detailed as follows: PHASE I • Environmental Assessment • ROW Assessment and Easement Process • Survey to include all existing facilities and utilities within the project limits, referenced by a baseline station with an offset. Identify platted rights-of-way, lot numbers, house addresses, ownership lines, block numbers, and dedicated easements, location of visible fixed improvements (including physical objects, roadway pavement, railway tracks, canals, curbs, tress, signs, fences, power poles, buildings, and other encumbrances), location of all known above and below ground existing utilities (FPL, Bellsouth, cable TV, natural gas, water, fire hydrants, meters, reclaimed water, force mains, sanitary sewer, storm, and all other accessible structures, including rim and invert elevations). • Engineering design, stormwater modeling, and calculations of the proposed stormwater improvements • H&H study and modeling of the project area for the proposed improvements, to be submitted to FDEM for review and approval. • Set of Engineering plans (Paving, Grading, Drainage Plans, Water, Sewer, and reclaimed Plans (as applicable), Pavement Marking & Signage Plans, Erosion Control/Stormwater Pollution Prevention Plan, and applicable detail sheets), at 30%, 60%, 90%, and 100% documents (PDF and CAD). • Statement of Probable Construction Cost. 422 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 22 • Geotechnical Services: Includes borings and soil analysis. • Compliance: The design must meet all relevant code requirements and City Standards, as well as any applicable state, local, and federal regulations. Documentation should be audit- ready and compliant with FDEM grant policies. • Permitting Assistance: Submit drawings for permit review and approval, respond to all applicable permitting agencies’ comments, and make revisions to documents as necessary. • Project Schedule. • Technical Specifications. Preparation of Bidding Package: Complete set of drawings, specifications, and bid schedule of values for distribution to prospective bidders. PHASE II (subject to approval of Phase II Grant) • Bidding assistance for Construction once the Grant Agreement for funding Phase II is executed • Lead and attend Pre-construction and progress meetings • Respond to RFIs during Construction • Review and approval of submittals during construction • Construction Administration Services: Includes part-time Field Project Representative (FPR) inspector, certification of construction by Engineer of Record (EOR) for permit closure, management of a project hotline, and creation and maintenance of a resident concern log. The Grant agreement is provided for reference as Exhibit D. 2.3 TERM OF PROJECT SCHEDULE/TIMELINE The project shall commence on the date within five (5) days of the Design Firm’s receipt of the Owner’s “Notice to Proceed” unless the parties mutually agree otherwise in writing. Phase I design and permitting services shall be completed in no more than two hundred seventy (270) days to comply with the grant schedule. Phase II (construction) shall commence after grant approval of this phase and execution of the grant agreement. 2.4 SERVICES TO BE PERFORMED: A Task Order, Purchase Order, and a detailed statement of work and project schedule shall be issued by the City based upon the stipulations of the Grant Award or when funding is made available. A firm fixed price will be based on the price proposal included in the contract at the time of contract execution. Payment in all cases will be subject to the completion of designated project milestones, the successful completion of tasks, and the City's acceptance of deliverables. No work is authorized until such time as an executed Contract is fully executed by all Parties and the issuance of a Purchase Order. Any work provided under a revision, amendment, or change order to the purchase order is not authorized until the amendment is fully executed by all Parties. Throughout the project duration, the City’s Project Manager will conduct performance evaluations that will be documented and shared with the chosen Engineering/Environmental firm. The City will keep a record of the project performance of this firm, which will play a significant role in the consideration for future contracts. 2.5 EXISTING CONDITIONS The Consultant/Vendor(s) shall be responsible for verification of existing conditions, including research of all existing City records and other information. 423 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 23 2.6 BUDGET FOR PROJECT: The City of Boynton Beach’s budget for Phase I of this project is $1,737,750, of which $1,236,224 is grant-funded. Phase II of this project is estimated at $9,000,000, with anticipated grant funding. 2.7 AWARD of RFQ/SELECTION PROCESS: Selection of the Consultant/Vendor(s) shall be a qualification-based selection in accordance with Florida Statutes §287.055, “Consultants Competitive Negotiation Act”. The scoring criteria included in SECTION IV herein will be used in the evaluation and ranking of the Proposal based on the response within this RFQ by the Evaluation/Selection Committee. 2.8 RESPONSIBILITIES OF CONSULTANT: Any firms submitting a qualification package for this RFQ shall understand that this project is funded through the Florida Division of Community Development Block Grant funds from the Florida Division of Emergency Management (FDEM) and the Federal Emergency Management Agency (FEMA). The Engineering/Design Team shall be responsible for verification of existing conditions, including research of all existing CITY records and other information. The Engineering Team shall have the responsibility of maintaining regular communication with the City’s Project Manager to keep him fully apprised of Project developments, for correspondence, assigned tasks, and other matters that transpire on the site. These may include but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non- Conformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Change Order Requests, Change Orders, and the like. All supporting data, including but not limited to shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests, and the like, will be submitted in digital format. 2.9 PROHIBITION AGAINST CONTINGENT FEES In accordance with Florida Statute 287.055(5) “Competitive Negotiation”: A. The City’s Administrative Staff shall negotiate a contract with the most qualified firm for professional services at compensation which the agency determines is fair, competitive and reasonable. In making such a determination, the City’s Administrative Staff shall conduct a detailed analysis of the cost of the professional services required in addition to considering their scope and complexity. For any lump-sum or cost-plus-a- fixed-fee professional service contract over $195,000 (the threshold amount provided in s. 287.017 for CATEGORY FOUR), the City shall require the firm receiving the award to execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. Any professional service contract under which such a certificate is required must contain a provision that the original contract price and any additions thereto will be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within 1 year following the end of the contract. B. Should the City’s Administrative Staff be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the City’s Administrative Staff determines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated. The City’s Administrative Staff shall then undertake negotiations with the second most qualified firm. Failing to accord with the second most qualified firm, the City’s Administrative Staff must terminate negotiations. The City’s Administrative Staff shall then undertake negotiations with the third most qualified firm. 424 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 24 C. Should the City’s Administrative Staff be unable to negotiate a satisfactory contract with any of the selected firms, the City’s Administrative Staff shall select additional firms in the order of their competence and qualification and continue negotiations in accordance with this subsection until an agreement is reached. 2.10 GENERAL The Consultant(s) shall furnish all tools, materials, equipment, sub-consultants, labor, supervision, etc., as necessary for the Offeror to maintain and complete the assigned as outlined in the agreed- upon scope of work/services provided within this Request for Qualifications. All mileage and travel time to and from the job site is not reimbursable. The City reserves the right to negotiate the contract's final terms, conditions, and pricing structure as may be in the City's best interest. 2.11 TIME SCHEDULE AND TIME FRAMES Schedules shall be included in detailed work orders issued under the Contract and shall be based on the number of continuous calendar days following the work order execution date to complete specific tasks of the project. If the City reviews and comments are necessary to proceed with a task, then a specified City review time shall be included in the schedule. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 425 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 25 NW 3RD STREET – SFWMD C-16 (HEART OF BOYNTON), FLOOD RISK REDUCTION (GRANT FUNDED) RFQ No. 25-045Q SECTION III – SUBMISSION OF QUALIFICATION PACKAGE 3.1 GENERAL REQUIREMENTS The Technical Proposal aims to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this REQUEST FOR QUALIFICATIONS (RFQ). As such, the substance of the Firm's Qualification Package will carry more weight than its length, form, or manner of presentation. The Technical Proposal should demonstrate the qualifications of the Offeror and the particular staff to be assigned to his engagement. It should also specify an approach that will meet or exceed the RFQ requirements. The selected Consultant(s) shall provide sufficient organization, personnel, and management to carry out the requirements of this RFQ expeditiously and economically, consistent with the city's needs. Additionally, the consultant will be required to demonstrate recent experience successfully completing services similar to those specified in this RFQ. 3.2 CERTIFICATION AND LICENSES Offerors must include copies of all applicable certificates and licensing, and business permits related to the Work specified herein with their proposals. 3.3 DETAILED QUALIFICATION PACKAGE Prospective Offerors interested in responding to this solicitation are requested to provide all of the information listed in this section. Submittals that do not respond completely to all of the requirements specified herein may be considered non-responsive and eliminated from the process. Brevity and clarity are encouraged. Each of the TEN (10) sections listed below shall be completed online through the e-procurement system and uploaded into DOCUMENT 1. THE QUALIFICATION PACKAGE IS TO BE COMPLETED ONLINE A. Letter of Interest The Letter of Interest shall summarize the Offeror’s primary qualifications and a firm commitment to provide the proposed services. The Letter of Interest shall be signed by the Offeror or person authorized to bind the Offeror to the submitted RFQ. B. Standard Form 330 (Parts I and II) – Firms Qualifications The Standard Form 330 Architect/Engineer Qualifications for previous projects must be included as part of the RFQ response. Firms shall complete both Part I and II of the Standard Form 330 for projects completed within the past ten (10) years so that the City can obtain adequate information for this RFQ. C. Certified Minority Business Enterprise Please identify if you are a Certified Minority Business Enterprise as defined by the Florida Small and Minority Business Assistance Act. 426 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 26 The Prime Consultant will receive 10 points meeting this definition, or any sub-consultants will receive 5 points utilizing the weights described in SECTION IV – EVALUATION OF QUALIFICATION PACKAGE, if this requirement is met. Note: Pursuant to the Consultants’ Competitive Negotiation Act (“CCNA”), a certified minority business enterprise is defined in accordance with the Florida Small and Minority Business Assistance Act. Pursuant to the Florida Small and Minority Business Assistance Act, a certified minority business enterprise is an entity that has been certified by the Florida Department of Management Services, Office of Supplier Diversity (“OSD”). If you are a Certified Minority Business Enterprise, please provide proof of your certification by the Florida Department of Management Services, Office of Supplier Diversity (“OSD”). D. Offeror ’s Qualifications a. Proof of authorization (SUNBIZ) from the Florida Secretary of State to transact business in the State from prime and supporting firms. b. Provide a narrative statement demonstrating an understanding of the overall intent of this solicitation, as well as the methods used to complete assigned tasks. c. Please clearly describe all aspects of the project proposed. d. Include details of your approach and work plans. e. Identify any issues or concerns of significance that may be appropriate. f. Identify any sub-consultants you propose to utilize to supplement your Firm’s staff. g. If the Principal Place of Business is different from the location specified in the Offeror’s Qualification Statement, then the Offeror shall specify the office location where each project will be managed and produced. E. Willingness to meet budget and timeline requirements: Please advise if your firm is willing to meet the following time and budget requirements. a. Budget: The Budget for this project is as follows: i $1,737,750 – Phase I b. Funding Sources: i $1,236,224 – Grant Funding ii $501,526 – Utilities CIP Fund Please note that during this portion of the process, the City is NOT asking for the firms to submit pricing. After the evaluation committee has selected the firms in order of preference, the City shall negotiate a contract with the most qualified firm for professional services at compensation, which the agency determines is fair, competitive, and reasonable. Should the agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the agency determines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated. The agency shall then undertake negotiations with the next most qualified firm. F. Location: Please provide the address and the primary location where work will be performed by your firm for this project. If services will be performed by different offices (such as a joint venture), provide a location for each firm. G. Financial Information: a. Financial Stability: The Firm shall demonstrate financial stability. Firm shall provide a statement of its financial stability, including information as to current or prior bankruptcy proceedings. Qualification Packages shall include a copy of the most recent annual financial report/annual audit/10K and the most recent 10Q, if appropriate. Financial reports provided shall include, at a minimum, a balance sheet, an income statement, and a statement of cash flows. b. Financial Statement: The Firm shall include a copy of its latest audited financial 427 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 27 statements. If the Firm is a corporation, it shall submit a copy of the corporation's latest audited financial statements. In the event the Firm does not have audited financial statements, it may substitute non-audited financial statements and complete federal tax returns for the last two (2) years. H. Current and Projected Workload of the Offeror (by office local, if applicable) a. Provide quantitative data that clearly indicates the ability of the Offeror to devote the necessary time and resources to successfully complete the service and projects promptly. Current and projected workload data shall be provided for each key project member as follows: i Current project work listing and remaining labor commitments. ii Historically, describe the typical number of projects handled by the Offeror’s key project managers at any given time. iii Projected workload of project management activities as defined in the scope of services. iv Identify any sub-consultant firms providing significant services that may be assigned more than five (5%) of the work. I. References – Past Performance Provide at least three (3) reference projects of a similar size, scope, and complexity that have been completed by your firm within the last five (5) years, which demonstrate the experience of the firm and the key members that will be assigned to provide the services as required by this Project. A project “similar in scope” is defined as a project that includes some or all of the following components: design of a new or upgraded stormwater conveyance system, exfiltration trenches, road restoration, and other related restoration work. A project “similar in size” is defined as one delivered under the Design-Bid-Build method, with a total project cost (design and construction) of at least $5,000,000, that is either substantially complete or has completed the design phase with construction actively underway. For each reference project, provide the following information: a. Client Name/Owner’s Representative name, address, phone number, and email address. b. Name and location of the project. Description of the Scope of Work. c. Role your company provided. d. Date project was completed or is anticipated to be completed. e. Saving is achieved through value engineering or other innovative design approaches. f. The total amount of approved Change Orders. g. Present status of the project. h. Total Project Cost. The City is interested in learning about other firms’ or government agencies’ experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email or call each reference up to three (3) times. If there is no answer after the third attempt, the City may apply no points for that project experience. 428 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 28 J. Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, and notarized when required and submitted. In addition, all other requests and supporting documentation should be included. See SECTION I – INSTRUCTIONS TO OFFERORS -1.11 RFQ FORMS. In addition to the standard required forms. The Offeror shall complete the following for this federally funded grant project. EXHIBITS A to B - Federal Grant Provision - Notarization Required THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 429 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 29 RFQ No. 25-045Q NW 3RD STREET – SFWMD C-16 (HEART OF BOYNTON), FLOOD RISK REDUCTION (GRANT FUNDED) SECTION IV – EVALUATION OF QUALIFICATION PACKAGE 4.1 EVALUATION METHOD AND CRITERIA A preliminary evaluation of each Proposal will be conducted by the City’s Purchasing Division through the City’s electronic e-procurement bidding system Boynton-beach.bidsandtenders.net. This evaluation determines if the Proposal is responsive to the submission requirements as outlined in this solicitation based on the information provided about your firm. A responsive Proposal follows the solicitation requirements, includes all documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the Proposal being deemed non-responsive. The City will assemble an Evaluation Committee or (EC), comprised of City staff and, if applicable, outside consultant(s). The Evaluation Committee may utilize the City’s e-procurement system to electronically evaluate all submittals based on the information provided and criteria as set forth in this solicitation. The City’s Evaluation Committee will act in what they consider to be the best interest of the City and its residents. Price shall not be the sole determining factor for selection. The selection of the most qualified Respondent(s) will be based on their responsibility and responsiveness, meaning the firm must submit a proposal that fully conforms to the material requirements outlined in this RFQ. The weighted criteria provided below are intended to guide the Offeror in prioritizing their time and efforts during the submission process. These criteria serve as the evaluation framework used by the Evaluation Committee during both the scoring and, if applicable, the shortlisting process. The City shall evaluate professional services, including capabilities, adequacy of personnel, past record, experience, whether the firm is a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act, and other factors determined by the City be applicable to its particular requirements. # Evaluation Criteria Point Rating Range Weight N/A Compliance with Request for Qualification Requirements (Responsiveness) (Mandatory) 1 Adequacy of Personal -Firms Qualifications, Qualifications of Project Manager Team/Individual (key contract members), and Availability of Specialty Resources 0 – 20 40% 2 Experience - Approach, Demonstrated Skill Set, and Innovative Ideas to Address the Scope of Work 0 – 20 30% 3 Past Record - References of Past Performance 0 – 20 10% 4 Overall Competency – Willingness to meet time and budget, current and projected workloads, and location 0 – 20 15% 5 Certified Minority Business Enterprise (Prime 10 points or Subs -5 points of the 5%) MUST ATTACH CERTIFICATE 0 or 10 5% TOTAL POINTS 0 – 90 100% 430 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 30 6* Interviews and Presentations 0 – 20 25% * Criteria 6 will be reviewed separately from the standard evaluation process, if applicable, allowing the Offeror the opportunity to earn additional points. 4.2 QUALITATIVE GUIDELINES FOR ASSIGNING AWARD POINTS TO EVALUATION CRITERIA: Each Evaluation Committee Member shall award a rating of 1 to 20 for each category based upon each member’s assessment of the Offeror’s response to the criteria. The following qualitative guidelines: • 20 – Outstanding Response: Highly comprehensive, excellent reply that meets all the requirements of the areas within that category. In addition, the response covers areas not originally addressed within the RFQ category and includes additional information and recommendations that would prove both valuable and beneficial to the agency. This response is considered to be an excellent standard, demonstrating the Offeror's authoritative knowledge and understanding of the project. • 17-19 Excellent Response: Provides useful information, while showing experience and knowledge within the category. The proposal is well thought out and addresses all requirements set forth in the RFQ. The Offeror provides insight into experience, knowledge, and understanding of the subject. • 15-16 Good Response: Meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter. This response demonstrates an above-average performance with no apparent deficiencies. • 13-14 Fair Response: Meets the requirements in an adequate manner. This response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth. • 1-12 Inadequate Response: Minimally meets the requirements for the Evaluation Criteria as set forth in the • 0-Failed Response/ No Response (no points awarded): Does not meet the requirements for the Evaluation Criteria set forth in the RFQ. 4.3 CITY’S RIGHT TO USE BEST-VALUE RANKING: The Evaluation Committee also retains the discretion to employ a ranking system as an alternative to the weighted criteria. Upon request, the committee may rank the responses from 1st place, 2nd place 3rd place etc., based on the total number of submissions under review. 4.4 ADDITIONAL CLARIFICATION: The Evaluation Committee also retains the discretion to request additional information from any firms who submit proposal packages during the evaluation process. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions. 4.5 SELECTION PROCESS: A. An Evaluation Committee consisting of the City’s staff members, and may include outside consultants as deemed necessary, will review each written submission to ascertain whether the provider is qualified to render the required services according to State regulations and the requirements of this RFQ. 431 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 31 B. This weighted criterion is the evaluation framework the EC uses during the shortlist and scoring process. C. The Evaluation Committee review of proposals meeting will be scheduled and publicly noticed and is open to anyone who wants to attend. All EC member's scores may be electronically opened and read aloud for discussion among the Evaluation Committee members. D. The Evaluation Committee may, at its sole discretion, request discussions or interviews or require presentations, additional information, or clarification of any information submitted by Respondent(s). E. The Evaluation Committee may establish equal time limits for all firms as necessary to facilitate its evaluation. If conducted and after the completion of the discussions, interviews, or presentations, the Committee will utilize the presentation points outlined above. F. After the final ranking is completed, the Evaluation Committee will make a motion for a recommendation for an award, which will be submitted to the City Commission for approval. G. After approval by the City Commission, the City Representative authorized to execute contracts will execute an Agreement(s) based on the attached draft contract developed from this Request for Qualifications (RFQ). H. The City reserves the right to include additional provisions if the inclusion is in the City's best interest, as determined solely by the City. I. The Selection of Architects and Engineers statute requires the public announcement of requirements for A-E-S services and the selection of at least three (3) of the most highly qualified firms based on demonstrated competence and professional qualifications according to specific criteria published in the announcement. The Act then requires negotiating a contract at a fair and reasonable price, starting first with the most highly qualified firm. J. CONTACT WITH ANY PERSONNEL OF THE CITY OF BOYNTON BEACH OTHER THAN THE PROCUREMENT REPRESENTATIVE DURING THE SOLICITATION, EVALUATION, AND AWARD PROCESS REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 432 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 32 NW 3RD STREET – SFWMD C-16 (HEART OF BOYNTON), FLOOD RISK REDUCTION (GRANT FUNDED) RFQ No. 25-045Q SECTION V – STANDARD GENERAL TERMS AND PROVISIONS 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/contract. The term “vendor,” as used below, may collectively apply to vendors, bidders, Offerors, consultants, contractors, subcontractors, and sub-consultants. 5.1 FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: Before submitting a proposal to this RFQ, Offerors shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the services contemplated herein, including those applicable to conflict of interest and collusion. Offerors 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 Offeror shall not be a cause for relief from responsibility. 5.2 NON-COLLUSION Offeror shall not collude, conspire, connive, or agree, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham response in connection with the work for which the response has been submitted; or to refrain from responding in connection with such work or have in any manner, directly or indirectly, sought by person to fix the price or prices in the proposal submission form or of any other Offeror, or to fix any overhead profit, or cost elements of the proposal price or the bid price of any other responder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other Offeror, or any person interested in the proposed work. The Offeror certifies there has been no collusion with any other firm or employees from any other firm who will be submitting a proposal on the same project. 5.3 LEGAL CONDITIONS Offerors are notified to familiarize themselves with the provisions of the law of the State of Florida relating to the hours of labor on municipal work and with the provisions of the laws of the State of Florida and the Charter and the ordinances of the City of Boynton Beach. 5.4 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. 5.5 ADDITIONAL HOURS QUANTITIES The City reserves the right to acquire additional hours or quantities of the requested proposal services at the prices bid/proposal in this solicitation. If additional quantities are not acceptable, the bid sheets must be noted: “PROPOSAL IS FOR SPECIFIED QUANTITY ONLY”. 5.6 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. 5.7 LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Offeror will in no way be a cause for relief from responsibility. 5.8 ON PUBLIC ENTITY CRIMES All Request for Proposals, Request for Qualifications, Invitations to Bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list”. 5.9 FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 5.10 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 433 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 33 appear on all invoices, packing slips, and all correspondence concerning the order. 5.11 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Offeror certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Offeror 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 Offeror. Offeror certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 5.12 PALM BEACH COUNTY INSPECTOR GENERAL: The Offeror and, if awarded Consultant, is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any agreement/contracts resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Consultant and its sub-consultant and lower-tier sub- consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its sub-consultants or lower-tier sub-consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this agreement/contract justifying its termination. 5.13 OTHER AGENCIES All Consultant(s) awarded contracts resulting from this RFQ and from this submitted proposal may, upon mutual agreement, permit any municipality or other governmental agency to participate in the contract 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 Offeror(s). 5.14 VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting agreement/contract will be held in Palm Beach County and shall be interpreted according to the laws of Florida. 5.15 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT A. The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. B. During the performance of the Contract, 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. C. 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. D. 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. E. 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. F. 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. G. 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. 5.16 INDEPENDENT CONSULTANT RELATIONSHIP: The Offeror and, if awarded Consultant, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting agreement/contract, an independent Consultant and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed pursuant to the agreement/contract shall, at all times and in all places, be subject to the Consultant's sole direction, supervision, and control. The Consultant shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Consultant's relationship, and the relationship of its employees, to the City shall be that of an independent Consultant and not as employees or agents of the City. 434 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 34 5.17 OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Firm of supplying such product(s) or service as specified. 5.18 LOBBYING - CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the advertisement of the proposal, bid, and shall remain in effect until City Commission awards or approves a contract, the City rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no Offeror or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for the award of contract to the Offeror. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. 5.19 LEGAL EXPENSES: The City shall not be liable to a Offeror for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the agreement/contract or from any other matter generated by or relating to the agreement/contract. 5.20 NO THIRD-PARTY BENEFICIARIES: No provision of this RFQ or agreement/contract to follow with Consultant 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 Offeror. 5.21 DIRECT OWNER PURCHASES: The City reserves the right to issue purchase orders for materials to either the Contractor/Consultant/Vendor or the City’s suppliers for contracts/construction/public works- related materials when deemed in the City's best interest. 5.22 SCRUTINIZED COMPANIES: By submission of a proposal 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 Contract, 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. 5.23 DISCRIMINATORY VENDOR LIST An entity or affiliate who has been placed on the discriminatory vendor list may not: obtain an agreement/contract to provide goods or services to a public entity; construct or repair of a public building or public work; lease real property to a public entity; award or perform work as a vendor, supplier, or vendor under agreement/contract with any public entity; nor transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487- 0915. 5.24 NON-EXCLUSIVE As may be applicable, the City reserves the right to acquire some or all of these goods and services through a State of Florida agreement/contract under the provisions of Section 287.042, Florida Statutes, provided the State of Florida agreement/contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after an agreement/contract may be awarded. Additionally, the City reserves the right to award other agreement/contracts for goods and services falling within the scope of this solicitation and resultant agreement/contract when the specifications differ from this solicitation or resultant agreement/contract, or for goods and services specified in this solicitation when the scope 435 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 35 substantially differs from this solicitation or resultant agreement/contract. 5.25 BUSINESS INFORMATION If a proposing firm is a Joint Venture for the goods/services described herein, the Offeror shall, upon request of the City, provide a copy of the Joint Venture Agreement signed by all parties. 5.26 AGREEMENT/CONTRACT Offeror agrees that by submitting a proposal that is accepted by the City of Boynton Beach, a binding agreement/contract is formed in accordance with the City's terms, conditions, and specifications as set forth in the purchase order unless otherwise agreed by the City and the Offeror. The Offeror certifies that the proposal has been made by an officer or employee having the authority to bind the Offeror. 5.27 ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Offeror in any way, manner, or form. 5.28 DRUG-FREE WORKPLACE The Consultant shall implement and maintain a drug-free workplace program of at least the following items: A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. B. Inform employees about the dangers of drug abuse in the workplace, the Offeror's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. C. Give each employee engaged in providing the services that are under agreement/contract a copy of the statement specified in Item A above. D. In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under agreement/contract, the employee will abide by the terms of the statement and will notify the Offeror 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. E. 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. F. Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes 5.29 PROHIBITED TELECOMMUNICATIONS EQUIPMENT Offeror represents and certifies that Offeror and all Sub-consultants 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. Offeror represents and certifies that Offeror and all Sub-consultants shall not provide or use such covered telecommunications equipment, system, or services during the Term. 5.30 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Offerors are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Offeror's social, political, or ideological interests when determining if the Offeror is a responsible Consultant. Offerors are further notified that the City's governing body may not give preference to a Offeror based on the Offeror's social, political, or ideological interests. 5.31 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 Offeror pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 5.32 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. 5.33 PUBLIC RECORDS Sealed documents received by the City in response to a Request for Proposals, Request for Qualifications, or Invitation to Bid are exempt from public records disclosure until thirty (30) calendar days after the opening of the RFQ, RFP, or BID unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The Consultant agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, 436 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 36 graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings, or data relating to the agreement/contract 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/contract, whether or not in privity of contract with the City or the Consultant, and wherever located shall be the property of the City. 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 Offeror believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 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 contract, Consultant 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 contract, Consultant shall transfer to the City, at no cost to the City, all public records in Consultant’s possession. All records stored electronically by Consultant must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. Failure of the Consultant to comply with the requirements of this Section, and other applicable requirements of state or federal law, shall be a material breach of the resulting agreement/contract. The 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 CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 437 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 37 NW 3RD STREET – SFWMD C-16 (HEART OF BOYNTON), FLOOD RISK REDUCTION (GRANT FUNDED) RFQ No. 25-045Q SECTION VI – SPECIAL CONDITIONS The Consultant will be responsible for supplying the necessary labor to complete services outlined in this RFQ by the City of Boynton Beach. The following special conditions shall apply to all Offerors and eventually to the Consultant(s) who are awarded the contract for these services. 6.1 ASSIGNMENT: Any contract issued pursuant to this request for proposal, qualifications, or invitation to bid and the funds that may come due hereunder are not assignable except with the prior written approval of the city. 6.2 AGREEMENT EXTENSION The City reserves the right to extend automatically for a period not to exceed an additional ONE HUNDRED EIGHTY (180) calendar days by mutual agreement and by filing a written notice signed by the Consultant to the City’s Purchasing Department without further City Commission action. This extension shall provide the City with continual services for an additional term of the contract. 6.3 INDEMNIFICATION The CONSULTANT 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 CONSULTANT or other persons employed or utilized by CONSULTANT in the performance of this Agreement. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. 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. 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 CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS AGREEMENT 6.4 CHANGES IN THE WORK/CONTRACT PRICE A. ALLOWANCE The City may request approval from the City Commission for an allowance for this project. Any allowance requested by the City shall only be approved by the City Manager’s Office or their designee 438 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 38 B. CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Consultant for performing the work. All duties, responsibilities, and obligations assigned to or undertaken by the Consultant shall be at his expense without change in the Contract Price or Time except as approved in writing by the City Representative/Project Manager. C. CHANGE ORDER The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the Owner allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant’s written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 6.5 CHANGES IN CONTRACT TIME A. CHANGE ORDER The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to the extension of the contract time. B. NOTICE Any claim for an increase or decrease in the Contract Time shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Consultant hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Consultant has given the notice and the supporting data required by this Paragraph. C. BASIS FOR EXTENSION Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Consultant can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, as of the date of the delay, has fully utilized absorb specific delay and associated impacts, and the Grantor funding the project has approved the time extension. 6.6 TERMINATION The City, by written notice, may terminate in whole or in part any Contract resulting from this RFQ when such action is in the best interest of the City. If the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. A. DEFAULT AND TERMINATION FOR CAUSE: The City may, by written notice of default to the Consultant, terminate the agreement/contract in whole or in part if the Consultant fails to satisfactorily perform any 439 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 39 provisions of this agreement/contract, or fails to make progress so as to endanger performance under the terms and conditions of this agreement/contract, or provides repeated nonperformance, or does not remedy such failure within a period of 30 calendar days after receipt of notice from the City of Boynton Beach specifying such failure. In the event the City terminates the agreement/contract in whole or in part because of default of the Consultant, the City may procure goods and/or services similar to those terminated, and the Consultant shall be liable for any excess costs incurred due to this action. If it is determined that the Consultant was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the Consultant), the rights and obligations of the parties shall be those provided in Section "Termination for Convenience". B. TERMINATION FOR CONVENIENCE OF CITY Whenever the interests of the City so require, terminate the agreement/contract, in whole or in part, for the convenience of the City. Purchasing shall give fourteen (14) business days prior written notice of termination to the Consultant, specifying the portions of the agreement/contract to be terminated and when the termination is to become effective. If only portions of the agreement/contract are terminated, the Consultant has the right to withdraw, without adverse action, from the entire agreement/contract. Unless directed differently in the notice of termination, the Consultant shall incur no further obligations in connection with the terminated work and shall stop work to the extent specified and, on the date, given in the notice of termination. Additionally, unless directed differently, the Consultant shall terminate outstanding orders and/or subcontracts related to the terminated work. Consultant shall indemnify the City against loss pertaining to this termination. C. REMEDIES: No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. D. FUNDING OUT This result of this Agreement shall remain in full force and effect only if 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. 6.7 PERFORMANCE OF CONSULTANT The Offeror shall be fully responsible for performing all the work necessary to meet City standards in a safe, neat, and good workmanlike manner, using only generally accepted methods in carrying out the work and complying with all federal and state laws and all ordinances and codes of the City relating to such work. Failure on the part of the submitting Firm to comply with the conditions, terms, specifications, and requirements of the RFQ shall be cause for cancellation of the RFQ award, notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance-based contracting. The City may, by written notice to the Responding Firm, terminate the Contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 440 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 40 6.8 INSURANCE REQUIREMENTS If a Consultant is providing a service under this agreement/contract, then the Consultant shall, at its sole expense, always maintain in full force and effect during the life of this agreement/contract, insurance coverages, and limits (including endorsements), as required by the City. These requirements shall not in any manner limit or qualify the liabilities and obligations assumed by the Consultant under this agreement/contract. All coverages shall be provided on a primary basis with the City endorsed as an Additional Insured as follows: "The City of Boynton Beach". The Consultant shall provide the City with a Certificate of Insurance evidencing such coverages prior to the commencement of any services and within a time frame specified by the City (normally within 2 working days after request). Failure to maintain the required insurance shall be considered a default of the agreement/contract. It shall be the responsibility of the Consultant to maintain workers’ compensation insurance, professional liability, property damage liability insurance, and vehicular liability insurance; during the time any of his/her personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibility of the Consultant until such time as the items and/or work have been accepted by the City. The Consultant shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best’s Key Rating Guide, latest edition. 6.9 FORCE MAJEURE The agreement/contract which is awarded to the Consultant may provide that the performance of any act by the City or Consultant thereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from the performance by acts of God, pandemic, epidemic, emergency orders, the elements, war rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided, however, the City shall have the right to provide substitute service from third parties or City forces and in such event, the City shall withhold payment due to Consultant for such period of time. If the condition of force majeure exceeds a period of 14 business days the City may, at its option and discretion, cancel or renegotiate the agreement/contract. 6.10 IF A WORK AUTHORIZATION OR TASK ORDER IS PERMITTED TO CONTINUE BEYOND THE TERM Consultant shall complete each executed Work Authorization/Task Order without regard to whether such completion would cause Services to be performed after the expiration date of this Agreement. Any Work Authorization/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 Work Authorizations/Task Orders notwithstanding the expiration of this Agreement. 6.11 INSPECTION AND ACCEPTANCE OF WORK PRODUCED The City has the right to review, require correction, if necessary, and accept the work produced by the Consultant. Such review(s) shall be carried out within thirty (30) calendar days to not impede the work of the Consultant. Any product of work shall be deemed accepted as submitted if the City does not issue written comments and/or required corrections within thirty (30) calendar days from the date of receipt of such product from the Consultant. The Consultant shall make any required corrections promptly at no additional charge and return a revised copy of the work requested to the City within seven (7) business days of notification or a later date if extended by the City. 441 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 41 Failure by the Consultant to proceed with reasonable promptness to make necessary corrections shall be a default. If the Consultant’s submission of corrected work remains unacceptable, the City may terminate the resulting contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. 6.12 CONTINGENT FEE Consultant represents and warrants that it has not employed or retained any person or entity, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person or entity, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. If this Agreement is subject to Section 287.055, Florida Statutes, the Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a) is deemed included and fully incorporated herein. 6.13 TRUTH IN NEGOTIATION REPRESENTATION Consultant’s compensation under this Agreement is based upon its representations to City, and Consultant certifies that the wage rates, factual unit costs, and other information supplied to substantiate Consultant’s compensation, including, without limitation, in the negotiation of this Agreement, are accurate, complete, and current as of the date Consultant executes this Agreement. Consultant’s compensation may be reduced by City, in its sole discretion, to correct any inaccurate, incomplete, or noncurrent information provided to City as the basis for Consultant’s compensation in this Agreement. 6.14 PERFORMANCE REVIEW EVALUATION: The awarded Consultant(s) may receive a performance evaluation by City Staff during the course of the term contract. The City’s Project Manager shall complete performance evaluations at the first year of the contract or more frequent intervals as required by the Contract and at the time of the end of the term contract. Should the services provided by the Consultant fail to meet the expectations of the City’s Project Manager, the Consultant shall have a period of ten (10) working days from the date notice is given to the Consultant by the City to correct all deficiencies in the under the contract. All corrections shall be made to the satisfaction of the City Project Manager. Inability to correct all deficiencies within the specified ten days shall be good and sufficient cause to immediately terminate the contract without the City being liable for any and all future obligations under the Contract as determined by the City at its sole discretion. The City, in its judgment, may elect to compensate the Consultant for any accepted work product through the date of termination of an authorized Purchase Order, provided it is in a form sufficiently documented and organized to allow subsequent utilization in completing the work product. The City’s Project Manager shall contact a Procurement representative to advise of any performance issues so that Procurement can assist with bringing performance back to acceptable standards. It is equally important to complete the “Consultant Performance Evaluation Form whenever any of the performance indicators are either “marginal” or “unsatisfactory”. In the event the Average Rating Score is “marginal” or “unsatisfactory” even after reasonable efforts have been taken by the City to improve performance, the City’s Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances. 6.15 ANTI-HUMAN TRAFFICKING On or before the Effective Date of the Consultant entering into an Agreement with the City, the Consultant shall provide the 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. 442 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 42 6.16 VERIFICATION OF EMPLOYMENT ELIGIBILITY – E-VERIFY Consultant represents that Consultant, and each Sub-consultant 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 Consultant violates this section, City may immediately terminate this Agreement for cause and Consultant shall be liable for all costs incurred by City due to the termination. 6.17 ENTITIES OF FOREIGN CONCERN The provisions of this section apply only if Consultant or any Sub-Consultant will have access to an individual’s personal identifying information under this Agreement. Consultant represents and certifies: (i) Consultant 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 Consultant; and (iii) Consultant 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, Consultant and any Sub-consultant that will have access to personal identifying information shall submit to the City executed affidavit(s) under penalty of perjury, in a form approved by the 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. 6.18 SUCCESSORS AND ASSIGNS The City and the Consultant each bind themselves and their successors and assigns to the other party in respect to all provisions of the Contract. Neither the City nor the Consultant shall assign, sublet, convey, or transfer its interest in the Contract without the prior written consent of the other. 6.19 ENUMERATION OF PRECEDENCE OF CONTRACT DOCUMENTS If any portion of the Contract Documents appears to conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: The Final Agreement The Instructions to Offerors The Scope of Work (Services) The Special Conditions Standard General Terms and Conditions THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 443 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 43 SECTION VII – FEDERAL GRANT REQUIREMENTS NW 3RD STREET – SFWMD C-16 (HEART OF BOYNTON), FLOOD RISK REDUCTION (GRANT FUNDED) RFQ No. 25-045Q This project will be partially or fully funded through a federal grant that was awarded to the City of Boynton Beach (“City”). Therefore, Consultants must comply with all provisions listed within the grant requirements. Consultants should familiarize themselves with all regulations and requirements contained below and in 2 C.F.R. Part 200, along with Appendix II, before submitting a response. All references to a “Non-Federal Entity” herein shall be construed to mean the City of Boynton Beach (CITY), it’s officers, employees, and elected officials. By submitting a proposal for this project, Consultant agrees to comply, subject to applicable professional standards, with the provisions of any and all applicable Federal, State, County, and City orders, statutes, ordinances, rules, and regulations which may pertain to the Services required under the Agreement, including but not limited to the following: Data is current as of August 5, 2025. Last Amended on January 3, 2025. Title 2 → Subtitle A → Chapter II → Part 200 —UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS: https://www.ecfr.gov/current/title-2/part-200 Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards 200.318 (a-b) GENERAL PROCUREMENT STANDARDS: https://www.ecfr.gov/current/title-2/part- 200/appendix-Appendix II to Part 200 The CITY has documented procurement procedures and will conform to the procurement standards identified in §§ 200.0 through Appendix XII to Part 200. In accordance with the requirements of this grant/s, the CITY shall maintain oversight to ensure that Consultants perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. Procurement Standards Subpart A—Acronyms and Definitions Acronyms § 200.0 Acronyms. (a) CAS Cost Accounting Standards (b) CFR Code of Federal Regulations (c) F&A Facilities and Administration (d) FAC Federal Audit Clearinghouse 444 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 44 (e) FAIN Federal Award Identification Number (f) FAR Federal Acquisition Regulation (g) FASB Financial Accounting Standards Board (h) FFATA Federal Funding Accountability and Transparency Act of 2006 or Transparency Act, Public Law 109-282, as amended (See 31 U.S.C. 6101, statutory note) (i) FOIA Freedom of Information Act (j) FR Federal Register (k) GAAP Generally Accepted Accounting Principles (l) GAGAS Generally Accepted Government Auditing Standards (m) GASB Government Accounting Standards Board (n) GAO Government Accountability Office (o) GSA General Services Administration (p) IBS Institutional Base Salary (q) IHE Institutions of Higher Education (r) IRC Internal Revenue Code (s) ISDEAA Indian Self-Determination and Education and Assistance Act (t) MTC Modified Total Cost (u) MTDC Modified Total Direct Cost (v) NFE Non-Federal Entity (w) NOFO Notice of Funding Opportunity (x) OMB Office of Management and Budget (y) PII Personally Identifiable Information (z) PMS Payment Management System (aa) SAM System for Award Management (SAM.gov) (bb) UEI Unique Entity Identifier (cc) U.S.C. United States Code 445 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 45 (dd) VAT Value Added Tax § 200.1 Definitions. The following is a list of definitions of key terms frequently used in 2 CFR part 200. Definitions found in Federal statutes or regulations that apply to particular programs take precedence over the following definitions. However, where the following definitions implement specific statutory requirements that apply government-wide, such as the Single Audit Act, the following definitions take precedence over Federal regulations. For purposes of this part, the following definitions apply: Acquisition cost means the (total) cost of the asset including the cost to ready the asset for its intended use. For example, acquisition cost for equipment means the net invoice price of the equipment, including the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make it usable for the purpose for which it is acquired. Acquisition costs for software include those development costs capitalized in accordance with generally accepted accounting principles (GAAP). Ancillary charges such as taxes, duty, protective in transit insurance, freight, and installation may be included in or excluded from the acquisition cost in accordance with the recipient's or subrecipient's regular accounting practices. Advance payment means a payment that a Federal agency or pass-through entity makes by any appropriate payment mechanism and payment method before the recipient or subrecipient disburses the funds for program purposes. Allocation means the process of assigning a cost, or a group of costs, to one or more cost objective(s), in reasonable proportion to the benefit provided or other equitable relationship. The process may entail assigning a cost(s) directly to a final cost objective or through one or more intermediate cost objectives. Assistance Listings refer to the publicly available listing of Federal assistance programs managed and administered by the General Services Administration (GSA) at SAM.gov. Assistance Listing number means a unique number assigned to identify an Assistance Listing. Assistance Listing program title means the title that corresponds to the Assistance Listing number. Audit finding means deficiencies which the auditor is required to report in the schedule of findings and questioned costs. (See § 200.516(a)) Auditee means any non-Federal entity that must be audited under this part. (See § 200.501) Auditor means an auditor who is a public accountant or a Federal, State, local government, or Indian Tribe audit organization that meets the general standards specified for external auditors in generally accepted government auditing standards (GAGAS). The term auditor does not include internal auditors of nonprofit organizations. Budget means the financial plan for the Federal award that the Federal agency or pass-through entity approves during the Federal award process or in subsequent amendments to the Federal award. It may include the Federal and non-Federal share or only the Federal share, as determined by the Federal agency or pass-through entity. Budget period means the time interval from the start date of a funded portion of an award to the end date of that funded portion, during which recipients and subrecipients are authorized to incur financial obligations of the funds awarded, including any funds carried forward or other revisions pursuant to § 200.308. Capital assets means: 446 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 46 (1) Tangible or intangible assets used in operations having a useful life of more than one year which are capitalized in accordance with GAAP. Capital assets include: (i) Land, buildings (facilities), equipment, and intellectual property (including software), whether acquired by purchase, construction, manufacture, exchange, or through a lease accounted for as financed purchase under Government Accounting Standards Board (GASB) standards or a finance lease under Financial Accounting Standards Board (FASB) standards; and (ii) Additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital assets that materially increase their value or useful life (not ordinary repairs and maintenance). (2) For purpose of this part, capital assets do not include intangible right-to-use assets (per GASB) and right-to-use operating lease assets (per FASB). For example, assets capitalized that recognize a lessee's right to control the use of property or equipment for a period of time under a lease contract. See § 200.465. Capital expenditures means expenditures to acquire capital assets or expenditures to make additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital assets that materially increase their value or useful life. Central service cost allocation plan means the documentation identifying, accumulating, and allocating or developing billing rates based on the allowable costs of services provided by a State, local government, or Indian Tribe to its departments and agencies on a centralized basis. The costs of these services may be allocated or billed to users. Claim means, depending on the context, either: (1) A written demand or assertion by one of the parties to a Federal award seeking as a matter of right: (i) The payment of money; (ii) The adjustment or interpretation of the terms and conditions of the Federal award; or (iii) Other relief arising under or relating to a Federal award. (2) A request for payment not in dispute when submitted. Class of Federal awards means a group of Federal awards either awarded under a specific program or group of programs or to a specific type of recipient or group of recipients to which specific provisions or exceptions may apply. Closeout means the process by which the Federal agency or pass-through entity determines that all applicable administrative actions and all required work of the Federal award have been completed and takes actions as described in § 200.344. Cluster of programs means a grouping of closely related programs that share common compliance requirements. The types of clusters of programs are research and development (R&D), student financial aid (SFA), and other clusters. “Other clusters” are defined by OMB in the compliance supplement or designated by a State for Federal awards the State provides to its subrecipients that meet the definition of a cluster of programs. When designating “other clusters,” a State must identify the Federal awards included in the cluster and advise the subrecipients of compliance requirements applicable to the cluster, consistent with § 200.332. A cluster of programs must be considered one program when determining major programs as described in § 200.518, and with the exception of R&D as described in § 200.501(d), whether a program- specific audit may be elected. 447 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 47 Cognizant agency for audit means the Federal agency designated to carry out the responsibilities described in § 200.513(a). The cognizant agency for audit is not necessarily the same as the cognizant agency for indirect costs. A list of Federal agency Single Audit contacts can be found on the Federal Audit Clearinghouse (FAC) website. Cognizant agency for indirect costs means the Federal agency responsible for reviewing, negotiating and approving cost allocation plans or indirect cost proposals on behalf of all Federal agencies. The cognizant agency for indirect cost is not necessarily the same as the cognizant agency for audit. For assignments of cognizant agencies, see the following: (1) For Institutions of Higher Education (IHEs): Appendix III, paragraph C.11. (2) For nonprofit organizations: Appendix IV, paragraph C.2.a. (3) For State and local governments: Appendix V, paragraph F.1. (4) For Indian Tribes: Appendix VII, paragraph D.1. Compliance supplement means an annually updated authoritative source of information for auditors that identifies existing important compliance requirements that the Federal Government expects to be considered as part of an audit. Auditors use it to understand the Federal program's objectives, procedures, and compliance requirements, as well as audit objectives and suggested audit procedures for determining compliance with the relevant Federal program. Computing devices means machines that acquire, store, analyze, process, and publish data and other information electronically, including accessories (or “peripherals”) for printing, transmitting and receiving, or storing electronic information. See also the definitions of supplies and information technology systems in this section. Contract means, for the purpose of Federal financial assistance, a legal instrument by which a recipient or subrecipient conducts procurement transactions under a Federal award. For additional information on subrecipient and contractor determinations, see § 200.331. See also the definition of subaward in this section. Contractor means an entity that receives a contract. Continuation funding means the second or subsequent budget period within an identified period of performance. Cooperative agreement means a legal instrument of financial assistance between a Federal agency and a recipient or between a pass-through entity and subrecipient, consistent with 31 U.S.C. 6302-6305: (1) Is used to enter into a relationship the principal purpose of which is to transfer anything of value to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal Government or pass-through entity's direct benefit or use; (2) Is distinguished from a grant in that it provides for substantial involvement of the Federal agency or pass-through entity in carrying out the activity contemplated by the Federal award. (3) The term does not include: (i) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or 448 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 48 (ii) An agreement that provides only: (A) Direct United States Government cash assistance to an individual; (B) A subsidy; (C) A loan; (D) A loan guarantee; or (E) Insurance. Corrective action means action taken by the auditee that: (1) Corrects identified deficiencies; (2) Produces recommended improvements; or (3) Demonstrates that audit findings are either invalid or do not warrant auditee action. Cost allocation plan means a central service or public assistance cost allocation plan. Cost objective means a program, function, activity, award, organizational subdivision, contract, or work unit for which cost data are desired and for which provision is made to accumulate and measure the cost of processes, products, jobs, and capital projects. A cost objective may be a major function of the recipient or subrecipient, a particular service or project, a Federal award, or an indirect cost activity, as described in subpart E. See also the definitions of final cost objective and intermediate cost objective in this section. Cost sharing means the portion of project costs not paid by Federal funds or contributions (unless authorized by Federal statute). This term includes matching, which refers to required levels of cost share that must be provided. See § 200.306. Disallowed cost means charges to a Federal award that the Federal agency or pass-through entity determines to be unallowable in accordance with applicable Federal statutes, regulations, the provisions of this part, or the terms and conditions of the Federal award. Discretionary award means an award in which the Federal agency, in keeping with specific statutory authority that enables the agency to exercise judgment (“discretion”), selects the recipient or the amount of Federal funding awarded through a competitive process or based on merit of proposals. A discretionary award may be selected on a non-competitive basis, as appropriate. Equipment means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost that equals or exceeds the lesser of the capitalization level established by the recipient or subrecipient for financial statement purposes, or $10,000. See the definitions of capital assets, computing devices, general purpose equipment, information technology systems, special purpose equipment, and supplies in this section. Expenditures means charges made by a recipient or subrecipient to a project or program for which a Federal award is received. (1) The charges may be reported on a cash or accrual basis as long as the methodology is disclosed and consistently applied. 449 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 49 (2) For reports prepared on a cash basis, expenditures are the sum of: (i) Cash disbursements for direct charges for property and services; (ii) The amount of indirect expense charged; (iii) The value of third-party in-kind contributions applied; and (iv) The amount of cash advance payments and payments made to subrecipients. (3) For reports prepared on an accrual basis, expenditures are the sum of: (i) Cash disbursements for direct charges for property and services; (ii) The amount of indirect expense incurred; (iii) The value of third-party in-kind contributions applied; and (iv) The net increase or decrease in the amounts owed by the recipient or subrecipient for: (A) Goods and other property received; (B) Services performed by employees, contractors, subrecipients, and other payees; and (C) Programs for which no current services or performance are required, such as annuities, insurance claims, or other benefit payments. Federal agency means an “agency” as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f). The term generally refers to the agency that provides a Federal award directly to a recipient unless the context indicates otherwise. See also definitions of Federal award and recipient. Federal Audit Clearinghouse (FAC) means the repository of record designated by OMB where non-Federal entities must transmit the information required by subpart F. Federal award has the meaning, depending on the context, in either paragraph (1) or (2) of this definition: (1) (i) The Federal financial assistance that a recipient receives directly from a Federal agency or indirectly from a pass-through entity, as described in § 200.101; or (ii) The cost-reimbursement contract under the Federal Acquisition Regulation that a non-Federal entity receives directly from a Federal agency or indirectly from a pass-through entity, as described in § 200.101. (2) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (2) of the definition of Federal financial assistance in this section, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations. (3) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate government-owned, contractor- operated (GOCO) facilities. 450 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 50 (4) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement. Federal award date means the date when the authorized official of the Federal agency signed (physically or digitally) the Federal award or when an alternative, consistent with the requirements of 31 U.S.C. 1501, is reached with the recipient. Federal financial assistance means: (1) Assistance that recipients or subrecipients receive or administer in the form of: (i) Grants; (ii) Cooperative agreements; (iii) Non-cash contributions or donations of property (including donated surplus property); (iv) Direct appropriations; (v) Food commodities; and (vi) Other financial assistance (except assistance listed in paragraph (2) of this definition). (2) For § 200.203 and subpart F of this part, Federal financial assistance also includes assistance that recipients or subrecipients receive or administer in the form of: (i) Loans; (ii) Loan Guarantees; (iii) Interest subsidies; and (iv) Insurance. (3) For § 200.216, Federal financial assistance includes assistance that recipients or subrecipients receive or administer in the form of: (i) Grants; (ii) Cooperative agreements; (iii) Loans; and (iv) Loan Guarantees. (4) Federal financial assistance does not include amounts received as reimbursement for services rendered to individuals as described in § 200.502(h) and (i). (5) For part 184 of this title, in addition to the forms of assistance listed in paragraph (1) of this definition, Federal financial assistance also includes assistance that recipients or subrecipients receive or administer in the form of: (i) Loans; and 451 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 51 (ii) Loan Guarantees. Federal interest means, for purposes of § 200.330 or when used in connection with the acquisition or improvement of real property, equipment, or supplies under a Federal award, the dollar amount that is the product of the: (1) The percentage of Federal participation in the total cost of the real property, equipment, or supplies; and (2) Current fair market value of the property, improvements, or both, to the extent the costs of acquiring or improving the property were included as project costs. Federal program means: (1) All Federal awards which are assigned a single Assistance Listings Number. (2) When no Assistance Listings Number is assigned, all Federal awards from the same agency made for the same purpose must be combined and considered one program. (3) Notwithstanding paragraphs (1) and (2) of this definition, a cluster of programs. The types of clusters of programs are: (i) Research and development (R&D); (ii) Student financial aid (SFA); and (iii) “Other clusters,” as described in the definition of cluster of programs in this section. Federal share means the portion of the Federal award costs paid using Federal funds. Final cost objective means a cost objective that has allocated to it both direct and indirect costs and, in the recipient's or subrecipient's accumulation system, is one of the final accumulation points, such as a particular award, internal project, or other direct activity of a recipient or subrecipient. See also the definitions of cost objective and intermediate cost objective in this section. Financial obligations means orders placed for property and services, contracts and subawards made, and similar transactions that require payment by a recipient or subrecipient under a Federal award that will result in expenditures by a recipient or subrecipient under a Federal award. Fixed amount award means a type of grant or cooperative agreement pursuant to which the Federal agency or pass-through entity provides a specific amount of funding without regard to actual costs incurred under the Federal award. This type of Federal award reduces some of the administrative burden and record- keeping requirements for both the recipient or subrecipient and the Federal agency or pass-through entity. Accountability is based primarily on performance and results. See §§ 200.102(c), 200.101(b), 200.201(b), and 200.333. For-profit organization generally means an organization or entity organized for the purpose of earning a profit. The term includes but is not limited to: (1) An “S corporation” incorporated under subchapter S of the Internal Revenue Code; (2) A corporation incorporated under another authority; (3) A partnership; 452 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 52 (4) A limited liability company or partnership; and (5) A sole proprietorship. Foreign organization means an entity that is: (1) A public or private organization located in a country other than the United States and its territories that is subject to the laws of the country in which it is located, irrespective of the citizenship of project staff or place of performance; (2) A private nongovernmental organization located in a country other than the United States that solicits and receives cash contributions from the general public; (3) A charitable organization located in a country other than the United States that is nonprofit and tax- exempt under the laws of the country where it is registered and is not a university, college, accredited degree-granting institution of education, private foundation, hospital, an organization engaged exclusively in research or scientific activities, church, synagogue, mosque or other similar entities organized primarily for religious purposes; or (4) An organization located in a country other than the United States not recognized as a foreign public entity. Foreign public entity means: (1) A foreign government or foreign governmental entity; (2) A public international organization, which is an organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act (22 U.S.C. 288-288f); (3) An entity owned (in whole or in part) or controlled by a foreign government; or (4) Any other entity consisting wholly or partially of one or more foreign governments or foreign governmental entities. General purpose equipment means equipment that is not limited to research, medical, scientific, or other technical activities. Examples include office equipment and furnishings, modular offices, telephone networks, information technology equipment and systems, air conditioning equipment, reproduction and printing equipment, and motor vehicles. See also the definitions of equipment and special purpose equipment in this section. Generally accepted accounting principles (GAAP) has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB). Generally accepted government auditing standards (GAGAS), also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which apply to financial audits. Grant agreement or grant means a legal instrument of financial assistance between a Federal agency and a recipient or between a pass-through entity and a subrecipient, consistent with 31 U.S.C. 6302, 6304: 453 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 53 (1) Is used to enter into a relationship, the principal purpose of which is to transfer anything of value to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal agency or pass-through entity's direct benefit or use; (2) Is distinguished from a cooperative agreement in that it does not provide for substantial involvement of the Federal agency in carrying out the activity contemplated by the Federal award. (3) Does not include an agreement that provides only: (i) Direct United States Government cash assistance to an individual; (ii) A subsidy; (iii) A loan; (vi) A loan guarantee; or (v) Insurance. Highest-level owner means the entity that owns or controls an immediate owner of an applicant or that owns or controls one or more entities that control an immediate owner of an applicant. No entity owns or exercises control of the highest-level owner as defined in the Federal Acquisition Regulations (FAR) (48 CFR 52.204- 17). Hospital means a facility licensed as a hospital under the law of any State or a facility operated as a hospital by the United States, a State, or a subdivision of a State. Improper payment means a payment that should not have been made or that was made in an incorrect amount under statutory, contractual, administrative, or other legally applicable requirements. The term improper payment includes: any payment to an ineligible recipient; any payment for an ineligible good or service; any duplicate payment; any payment for a good or service not received, except for those payments where authorized by law; any payment that is not authorized by law; and any payment that does not account for credit for applicable discounts. See OMB Circular A-123 Appendix C, Requirements for Payment Integrity Improvement for additional definitions and guidance on the requirements for payment integrity. Indian Tribe means any Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. Chapter 33), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See 25 U.S.C. 5304(e). This includes any Indian Tribe identified in the annually published Bureau of Indian Affairs list of “Indian Entities Recognized and Eligible to Receive Services” and other entities that qualify as an Alaska Native village or regional village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act. Indirect cost means those costs incurred for a common or joint purpose benefitting more than one cost objective and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved. It may be necessary to establish multiple pools of indirect costs to facilitate equitable distribution of indirect expenses to the cost objectives served. Indirect cost pools must be distributed to benefitted cost objectives on basis that will produce an equitable result in consideration of relative benefits derived. For Institutions of Higher Education (IHE), the term facilities and administrative (F&A) cost is often used to refer to indirect costs. Indirect cost rate proposal means the documentation prepared by a recipient to substantiate its request to establish an indirect cost rate as described in appendices III through VII and appendix IX to this part. 454 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 54 Information technology systems means computing devices, ancillary equipment, software, firmware, and related procedures, services (including support services), and resources. See also the definitions of computing devices and equipment in this section. Institution of Higher Education (IHE) is defined at 20 U.S.C. 1001. Intangible property means property having no physical existence, such as trademarks, copyrights, data (including data licenses), websites, IP licenses, trade secrets, patents, patent applications, and property such as loans, notes and other debt instruments, lease agreements, stocks and other instruments of property ownership of either tangible or intangible property, such as intellectual property, software, or software subscriptions or licenses. Intermediate cost objective means a cost objective that is used to accumulate indirect costs or service center costs that are subsequently allocated to one or more indirect cost pools or final cost objectives. See this section's definitions of cost objective and final cost objective. Internal control for recipients and subrecipients means processes designed and implemented by recipients and subrecipients to provide reasonable assurance regarding the achievement of objectives in the following categories: (1) Effectiveness and efficiency of operations; (2) Reliability of reporting for internal and external use; and (3) Compliance with applicable laws and regulations. Loan means a Federal loan or loan guarantee received or administered by a recipient or subrecipient, except as used in this section's definition of program income. (1) The term “direct loan” means a disbursement of funds by the Federal Government to a non-Federal borrower under a contract that requires the repayment of such funds with or without interest. The term includes the purchase of, or participation in, a loan made by another lender and financing arrangements that defer payment for more than 90 days, including the sale of a Federal Government asset on credit terms. The term does not include the acquisition of a federally guaranteed loan in satisfaction of default claims or the price support loans of the Commodity Credit Corporation. (2) The term “direct loan obligation” means a binding agreement by a Federal agency to make a direct loan when specified conditions are fulfilled by the borrower. (3) The term “loan guarantee” means any Federal Government guarantee, insurance, or other pledges for the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions. (4) The term “loan guarantee commitment” means a binding agreement by a Federal agency to make a loan guarantee when specified conditions are fulfilled by the borrower, the lender, or any other party to the guarantee agreement. Local government means any unit of government within a State, including a: (1) County; (2) Borough; 455 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 55 (3) Municipality; (4) City; (5) Town; (6) Township; (7) Parish; (8) Local public authority, including any public housing agency under the United States Housing Act of 1937; (9) Special district; (10) School district; (11) Intrastate district; (12) Council of governments, whether or not incorporated as a nonprofit corporation under State law; and (13) Any other agency or instrumentality of a multi-, regional, or intra-State or local government. Major program means a Federal program determined by the auditor to be a major program in accordance with § 200.518 or a program identified as a major program by a Federal agency or pass-through entity in accordance with § 200.503(e). Management decision means the Federal agency's or pass-through entity's written determination, provided to the auditee, of the adequacy of the auditee's proposed corrective actions to address the findings based on its evaluation of the audit findings and proposed corrective actions. Micro-purchase means an individual procurement transaction for supplies or services, the aggregate amount of which does not exceed the micro-purchase threshold. Micro-purchases comprise a subset of a recipient's or subrecipient's small purchases using informal procurement methods as set forth in § 200.320. Micro-purchase threshold means the dollar amount at or below which a recipient or subrecipient may purchase property, or services using micro-purchase procedures (see § 200.320). Generally, except as provided in § 200.320, the micro-purchase threshold for procurement activities administered under Federal awards is not to exceed the amount set by the FAR at 48 CFR part 2, subpart 2.1, unless a higher threshold is requested by the recipient or subrecipient and approved by the cognizant agency for indirect costs. Modified Total Direct Cost (MTDC) means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $50,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs, and the portion of each subaward in excess of $50,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs and with the approval of the cognizant agency for indirect costs. Non-discretionary award means an award made by the Federal agency to specific recipients in accordance with statutory, eligibility, and compliance requirements, such that in keeping with specific statutory authority, the Federal agency cannot exercise judgment (“discretion”). A non-discretionary award amount could be specifically determined or by formula. 456 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 56 Non-Federal entity (NFE) means a State, local government, Indian Tribe, Institution of Higher Education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient. Nonprofit organization means any organization that: (1) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (2) Is not organized primarily for profit; (3) Uses net proceeds to maintain, improve, or expand the organization's operations; and (4) Is not an IHE. Notice of funding opportunity means a formal announcement of the availability of Federal funding through a financial assistance program from a Federal agency. The notice of funding opportunity provides information on the award, such as who is eligible to apply, the evaluation criteria for selecting a recipient or subrecipient, the required components of an application, and how to submit the application. The notice of funding opportunity is any paper or electronic issuance that an agency uses to announce a funding opportunity, whether it is called a “program announcement,” “notice of funding availability,” “broad agency announcement,” “research announcement,” “solicitation,” or some other term. Office of Management and Budget (OMB) means the Executive Office of the President, Office of Management and Budget. Oversight agency for audit means the Federal agency that provides the predominant amount of funding directly (direct funding) (as listed on the schedule of expenditures of Federal awards, see § 200.510(b)) to a recipient or subrecipient unless OMB designates a specific cognizant agency for audit. When the direct funding represents less than 25 percent of the total Federal expenditures (as direct and sub-awards) by the recipient or subrecipient, then the Federal agency with the predominant amount of total funding is the designated oversight agency for audit. When there is no direct funding, the Federal agency that is the predominant source of pass-through funding must assume the oversight responsibilities. The duties of the oversight agency for audit and the process for any reassignments are described in § 200.513(b). Participant generally means an individual participating in or attending program activities under a Federal award, such as trainings or conferences, but who is not responsible for implementation of the Federal award. Individuals committing effort to the development or delivery of program activities under a Federal award (such as consultants, project personnel, or staff members of a recipient or subrecipient) are not participants. Examples of participants may include community members participating in a community outreach program, members of the public whose perspectives or input are sought as part of a program, students, or conference attendees. Participant support costs means direct costs that support participants (see definition for Participant in § 200.1) and their involvement in a Federal award, such as stipends, subsistence allowances, travel allowances, registration fees, temporary dependent care, and per diem paid directly to or on behalf of participants. Pass-through entity means a recipient or subrecipient that provides a subaward to a subrecipient (including lower tier subrecipients) to carry out part of a Federal program. The authority of the pass-through entity under this part flows through the subaward agreement between the pass-through entity and subrecipient. Performance goal means a measurable target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate. In some instances (for example, discretionary research awards), this may be limited 457 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 57 to the requirement to submit technical performance reports (to be evaluated in accordance with agency policy). Period of performance means the time interval between the start and end date of a Federal award, which may include one or more budget periods. Identification of the period of performance in the Federal award consistent with § 200.211(b)(5) does not commit the Federal agency to fund the award beyond the currently approved budget period. Personal property means property other than real property. It may be tangible or intangible. Personally Identifiable Information (PII) means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. Some PII is available in public sources such as telephone books, websites, and university listings. The definition of PII is not attached to any single category of information or technology. Instead, it requires a case-by-case assessment of the specific risk that an individual can be identified. Non-PII can become PII whenever additional information is made publicly available, in any medium and from any source, that could be used to identify an individual when combined with other available information. Prior approval means the written approval obtained in advance by an authorized official of a Federal agency or pass-through entity of certain costs or programmatic decisions. Program income means gross income earned by the recipient or subrecipient that is directly generated by a supported activity or earned as a result of the Federal award during the period of performance except as provided in § 200.307(c). Program income includes but is not limited to income from fees for services performed, the use or rental of real or personal property acquired under Federal awards, the sale of commodities or items fabricated under a Federal award, license fees, and royalties on patents and copyrights, and principal and interest on loans made with Federal award funds. Interest earned on advances of Federal funds is not program income. Except as otherwise provided in Federal statutes, regulations, or the terms and conditions of the Federal award, program income does not include rebates, credits, discounts, and interest earned on any of them. See § 200.407. See also 35 U.S.C. 200-212 “Disposition of Rights in Educational Awards,” which applies to inventions made under Federal awards. Project cost means total allowable costs incurred under a Federal award and all cost sharing, including third-party contributions. Property means real property or personal property. See this section's definitions of real property and personal property. Protected Personally Identifiable Information (Protected PII) means PII (see definition in this section), except for PII that must be disclosed by law. Examples of PII include, but are not limited to, social security number; passport number; credit card numbers; clearances, bank numbers; biometrics; date and place of birth; mother's maiden name; criminal, medical and financial records; and educational transcripts. Questioned cost has the meaning given in paragraphs (1) through (3). (1) Questioned cost means an amount, expended or received from a Federal award, that in the auditor's judgment: (i) Is noncompliant or suspected noncompliant with Federal statutes, regulations, or the terms and conditions of the Federal award; (ii) At the time of the audit, lacked adequate documentation to support compliance; or 458 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 58 (iii) Appeared unreasonable and did not reflect the actions a prudent person would take in the circumstances. (2) The questioned cost amount under (1)(ii) is calculated as if the portion of a transaction that lacked adequate documentation were confirmed noncompliant. (3) There is no questioned cost solely because of: (i) Deficiencies in internal control; or (ii) Noncompliance with the reporting type of compliance requirement (described in the compliance supplement) if this noncompliance does not affect the amount expended or received from the Federal award. (4) Known questioned cost means a questioned cost specifically identified by the auditor. Known questioned costs are a subset of likely questioned costs. (5) Likely questioned cost means the auditor's best estimate of total questioned costs, not just the known questioned costs. Likely questioned costs are developed by extrapolating from audit evidence obtained, for example, by projecting known questioned costs identified in an audit sample to the entire population from which the sample was drawn. In evaluating the effect of questioned costs on the opinion on compliance, the auditor considers the likely questioned costs, not just the known questioned costs. (6) Questioned costs are not improper payments until reviewed and confirmed to be improper payments as defined in OMB Circular A-123 Appendix C. Real property means land, including land improvements, structures, and appurtenances thereto, and legal interests in land, including fee interest, licenses, rights of way, and easements. Real property excludes moveable machinery and equipment. Recipient means an entity that receives a Federal award directly from a Federal agency to carry out an activity under a Federal program. The term recipient does not include subrecipients or individuals that are participants or beneficiaries of the award. Renewal award means a Federal award for which the start date is contiguous with, or closely follows, the end of the expiring Federal award. The start date of a renewal award begins a new and distinct period of performance. Research and Development (R&D) means all basic and applied research activities and all development activities performed by a recipient or subrecipient. The term research also includes activities involving the training of individuals in research techniques where such activities use the same facilities as other research and development activities and where such activities are not included in the instruction function. “Research” is the systematic study directed toward fuller scientific knowledge or understanding of the subject studied. “Development” is the systematic use of knowledge and understanding gained from research to produce useful materials, devices, systems, or methods, including designing and developing prototypes and processes. Simplified acquisition threshold means the dollar amount below which a recipient or subrecipient may purchase property or services using small purchase methods (see § 200.320). Recipients and subrecipients adopt small purchase procedures to expedite the purchase of items at or below the simplified acquisition threshold. The simplified acquisition threshold set in the FAR at 48 CFR part 2, subpart 2.1 is used in this part as the simplified acquisition threshold for secondary procurement activities administered under Federal awards. The recipient or subrecipient is responsible for determining an appropriate simplified acquisition threshold, which is less than or equal to the dollar value established in the FAR, based on internal controls, 459 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 59 an evaluation of risk, and its documented procurement procedures. Recipients and subrecipients should also determine if local government purchasing laws apply. This threshold must never exceed the dollar value established in the FAR. Special purpose equipment means equipment that is used only for research, medical, scientific, or other similar technical activities. Examples of special purpose equipment include microscopes, x-ray machines, surgical instruments, spectrometers, and associated software. See also the definitions of equipment and general purpose equipment in this section. State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any agency or instrumentality thereof exclusive of local governments. Student Financial Aid (SFA) means Federal awards under those programs of general student assistance, such as those authorized by Title IV of the Higher Education Act of 1965, as amended (20 U.S.C. 1070- 1099d), which the U.S. Department of Education administers, and similar programs provided by other Federal agencies. It does not include Federal awards under programs that provide fellowships or similar Federal awards to students on a competitive basis or for specified studies or research. Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to contribute to the goals and objectives of the project by carrying out part of a Federal award received by the pass-through entity. It does not include payments to a contractor, beneficiary, or participant. A subaward may be provided through any form of legal agreement consistent with criteria in with § 200.331, including an agreement the pass-through entity considers a contract. Subrecipient means an entity that receives a subaward from a pass-through entity to carry out part of a Federal award. The term subrecipient does not include a beneficiary or participant. A subrecipient may also be a recipient of other Federal awards directly from a Federal agency. Subsidiary means an entity in which more than 50 percent of the entity is owned or controlled directly by a parent corporation or through another subsidiary of a parent corporation. Supply means all tangible personal property other than those described in the equipment definition. A computing device is a supply if the acquisition cost is below the lesser of the capitalization level established by the recipient or subrecipient for financial statement purposes or $10,000, regardless of the length of its useful life. See this section's definitions of computing devices and equipment. Telecommunications cost means the cost of using communication technologies such as mobile phones, landlines, and the internet. Termination means the action a Federal agency or pass-through entity takes to discontinue a Federal award, in whole or in part, at any time before the planned end date of the period of performance. Termination does not include discontinuing a Federal award due to a lack of available funds. Third-party in-kind contributions means the value of non-cash contributions (meaning, property or services) that: (1) Benefit a project or program funded by a Federal award; and (2) Are contributed by non-Federal third parties, without charge, to a recipient or subrecipient under a Federal award. Unliquidated financial obligation means financial obligations incurred by the recipient or subrecipient but not paid (liquidated) for financial reports prepared on a cash basis. For reports prepared on an accrual 460 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 60 basis, these are financial obligations incurred by the recipient or subrecipient but for which expenditures have not been recorded. Unobligated balance means the amount of funds under a Federal award that the recipient or subrecipient has not obligated. The amount is computed by subtracting the cumulative amount of the recipient's or subrecipient's unliquidated financial obligations and expenditures under the Federal award from the cumulative amount of funds the Federal agency or pass-through entity authorized the recipient or subrecipient to obligate. Voluntary committed cost sharing means cost sharing specifically pledged voluntarily in the proposal's budget on the part of the recipient or subrecipient, which becomes a binding requirement of the Federal award. See § 200.306. [89 FR 30136, Apr. 22, 2024, as amended at 89 FR 79732, Oct. 1, 2024] Subpart B—General Provisions § 200.100 Purpose. (a) Purpose. (1) This part establishes uniform administrative requirements, cost principles, and audit requirements for Federal awards. Federal agencies must not impose additional requirements except as allowed in §§ 200.102, 200.211, or unless specifically required by Federal statute, regulation, or Executive order. (2) This part provides Federal agencies with the policy for collecting and submitting information on all Federal financial assistance programs to the Office of Management and Budget (OMB) and communicating this information to the public. It also establishes Federal policies related to the delivery of this information to the public, including through the use of electronic media. It also sets forth how the General Services Administration (GSA), OMB, and Federal agencies implement the Federal Program Information Act (31 U.S.C. 6101-6106). (b) Administrative requirements. Subparts B through D set forth the uniform administrative requirements for Federal financial assistance. This includes establishing requirements for Federal agencies management of Federal financial assistance programs before a Federal award is made, and requirements that Federal agencies may impose on recipients and subrecipients throughout the lifecycle of a Federal award. (c) Cost principles. Subpart E establishes principles for determining allowable costs incurred by recipients and subrecipients under Federal awards. These principles are for the purpose of cost determination. They do not address the circumstances nor dictate the extent of Federal Government funding of a particular program or project. (d) Single Audit Requirements and Audit Follow-up. Subpart F is issued pursuant to the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507). Subpart F sets forth the standards for achieving consistency and uniformity among Federal agencies for the audit of non-Federal entities expending Federal awards. Subpart F also provides the policies and procedures for Federal agencies or pass-through entities when using the results of these audits. § 200.101 Applicability. (a) General applicability to Federal agencies. 461 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 61 (1) Subparts A through F apply to Federal agencies that make Federal awards to non-Federal entities. As provided in paragraph (a)(2), subparts A through E may also apply to Federal agencies that make Federal awards to other entities. (2) Federal agencies must apply subparts A though F of this part to non-Federal entities unless a particular section of this part or Federal statute provides otherwise. Federal agencies may apply subparts A through E of this part to Federal agencies, for-profit organizations, foreign public entities, or foreign organizations as permitted in agency regulations or program statutes, except when a Federal agency determines that the application of these subparts would be inconsistent with the international responsibilities of the United States or the laws of a foreign government. Subpart F only applies to non-Federal entities as defined in the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507). Federal agencies should apply the requirements to all recipients in a consistent and equitable manner to the extent permitted within applicable statutes, regulations, and policies. (3) Throughout subparts A through F, the word “must” indicates a requirement. The words “should” or “may” indicate a recommended approach and permit discretion. (4) Throughout subparts A through E, when the word “or” is used between the terms “recipient” and “subrecipient,” any requirements or recommendations in the relevant provisions of this part apply to the recipient, the subrecipient, or both, as applicable. The use of “or” between recipient and subrecipient does not mean that applicable requirements or recommendations only apply to one of these entities unless the context clearly indicates otherwise. (b) Applicability to Federal financial assistance. (1) Paragraphs (b)(2) through (b)(5) of this section describe what portions of this part apply to specific types of Federal financial assistance. Paragraphs (d) and (e) of this section explain additional exceptions related to governing provisions and Federal program applicability. The terms and conditions of Federal awards (including this part) flow down to subawards to subrecipients unless a particular section of this part or the terms and conditions of the Federal award specifically indicate otherwise. Pass-through entities must comply with the requirements described in subpart D, §§ 200.331 through 200.333, and any other sections of this part addressing pass-through entities. (2) Subpart A (Acronyms and Definitions) and subpart B (General Provisions) apply to all Federal financial assistance, except that §§ 200.111 (English language), 200.112 (Conflict of interest), and 200.113 (Mandatory disclosures) do not apply to agreements for loans, loan guarantees, interest subsidies, and insurance. (3) Subpart C (Pre-Federal Award Requirements and Contents of Federal Awards) and subpart D (Post Federal Award Requirements) only apply to grants and cooperative agreements with the following exceptions: (i) Section 200.203 (Requirement to provide public notice of Federal financial assistance programs) also applies to agreements for loans, loan guarantees, interest subsidies, and insurance; (ii) Section 200.216 (Prohibition on certain telecommunications and video surveillance equipment or services) applies to loans and grants (see Pub. L. 115-232, Div. A, Title VIII, § 889, as amended); and (iii) Sections 200.303 (Internal controls) and 200.331 through 200.333 (Subrecipient monitoring and management) also apply to all types of Federal financial assistance. (4) Subpart E (Cost Principles) applies to grants and cooperative agreements, but does not apply to the following: 462 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 62 (i) Food commodities provided through grants and cooperative agreements; (ii) Fixed amount awards, except for §§ 200.400(g), 200.402 through 200.405, and 200.407(d), which do apply; (iii) Agreements for loans, loan guarantees, interest subsidies, and insurance; and (iv) Federal awards to hospitals (see Appendix IX—Hospital Cost Principles). (5) Subpart F (Audit Requirements) only applies to the following items when awarded to a non-Federal entity: (i) Grants and cooperative agreements (including fixed amount awards); (ii) Contracts and subcontracts awarded under the FAR (except for fixed price contracts and subcontracts); (iii) Agreements for loans, loan guarantees, interest subsidies, and insurance; and (iv) Any other form of Federal financial assistance as defined by the Single Audit Act Amendment of 1996 (codified at 31 U.S.C. 7501-7507). (c) Applicability to different types of contracts and subcontracts awarded by a Federal agency to a non- Federal entity under the Federal Acquisition Regulations (FAR). (1) Paragraphs (c)(2) and (c)(3) of this section describe what portions of this part apply to specific types of contracts and subcontracts awarded by a Federal agency to a non-Federal entity. See also paragraph (b)(5)(ii) on audit requirements. For both paragraphs (c)(2) and (c)(3): (i) In cases of conflict between the requirements of applicable portions of this part and the terms and conditions of the contract, the terms and conditions of the contract and the FAR prevail. (ii) When the Cost Accounting Standards (CAS) are applicable to the contract or subcontract, they also take precedence over this part. (iii) In addition, costs that are identified as unallowable under 41 U.S.C. 4304(a) and as stated in the FAR (48 CFR part 31, subpart 31.2, and 48 CFR 31.603) are always unallowable. (2) Cost-reimbursement contract under the FAR awarded to a non-Federal entity. When a non-Federal entity is awarded a cost-reimbursement contract under the FAR, only subpart D, §§ 200.331 through 200.333, and subparts E and F are applicable. (3) Fixed-price contract or subcontract under the FAR awarded to a non-Federal entity. When a non- Federal entity is awarded a fixed-price contract or subcontract under the FAR, only subpart A, subpart B (except for §§ 200.111, 200.112, and 200.113), subpart D (only at § 200.303 and §§ 200.331 through 200.333), and subpart E are applicable to the contract, except that subpart E is not applicable to fixed-price contracts and subcontracts that are not negotiated. (d) Governing provisions. With the exception of subpart F, which is required by the Single Audit Act, Federal statutes or regulations govern in any circumstances where they conflict with the provisions of this part. For agreements with Indian Tribes, this includes the provisions of the Indian Self-Determination and Education and Assistance Act (ISDEAA), as amended (see 25 U.S.C. 5301-5423). 463 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 63 (e) Program applicability. Except for §§ 200.203, 200.216, and 200.331 through 200.333, the requirements in subparts C, D, and E do not apply to the following programs: (1) The block grant awards authorized by the Omnibus Budget Reconciliation Act of 1981 (including Community Services), except to the extent that subpart E apply to subrecipients of Community Services Block Grant funds pursuant to 42 U.S.C. 9916(a)(1)(B); (2) Federal awards to local education agencies under 20 U.S.C. 7702-7703b, (portions of the Impact Aid program); (3) Payments under the Department of Veterans Affairs' State Home Per Diem Program (38 U.S.C. 1741); and (4) Federal awards authorized under the Child Care and Development Block Grant Act of 1990, as amended: (i) Child Care and Development Block Grant (42 U.S.C. 9858). (ii) Child Care Mandatory and Matching Funds of the Child Care and Development Fund (42 U.S.C. 9858). (f) Additional program applicability. Except for §§ 200.203 and 200.216, the guidance in subpart C does not apply to the following programs: (1) Entitlement Federal awards to carry out the following programs of the Social Security Act: (i) Temporary Assistance for Needy Families (Title IV-A of the Social Security Act, 42 U.S.C. 601-619); (ii) Child Support Enforcement and Establishment of Paternity (Title IV-D of the Social Security Act, 42 U.S.C. 651-669b); (iii) Federal Payments for Foster Care, Prevention, and Permanency (Title IV-E of the Act, 42 U.S.C. 670- 679c); (iv) Aid to the Aged, Blind, and Disabled (Titles I, X, XIV, and XVI-AABD of the Act, as amended); (v) Medical Assistance (Medicaid) (Title XIX of the Act, 42 U.S.C. 1396-1396w-5) not including the State Medicaid Fraud Control program authorized by Section 1903(a)(6)(B) of the Social Security Act (42 U.S.C. 1396b(a)(6)(B)); and (vi) Children's Health Insurance Program (Title XXI of the Act, 42 U.S.C. 1397aa-1397mm). (2) A Federal award for an experimental, pilot, or demonstration project that is also supported by a Federal award listed in paragraph (f)(1) of this section. (3) Federal awards under subsection 412(e) of the Immigration and Nationality Act and subsection 501(a) of the Refugee Education Assistance Act of 1980 (Pub. L. 96-422, 94 Stat. 1809), for cash assistance, medical assistance, and supplemental security income benefits to refugees and entrants and the administrative costs of providing the assistance and benefits (8 U.S.C. 1522(e)). (4) Entitlement awards under the following programs of The National School Lunch Act: (i) National School Lunch Program (Section 4 of the Act, 42 U.S.C. 1753); 464 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 64 (ii) Commodity Assistance (Section 6 of the Act, 42 U.S.C. 1755); (iii) Special Meal Assistance (Section 11 of the Act, 42 U.S.C. 1759a); (iv) Summer Food Service Program for Children (Section 13 of the Act, 42 U.S.C. 1761); and (v) Child and Adult Care Food Program (Section 17 of the Act, 42 U.S.C. 1766). (5) Entitlement awards under the following programs of The Child Nutrition Act of 1966: (i) Special Milk Program (Section 3 of the Act, 42 U.S.C. 1772); (ii) School Breakfast Program (Section 4 of the Act, 42 U.S.C. 1773); and (iii) State Administrative Expenses (Section 7 of the Act, 42 U.S.C. 1776). (6) Entitlement awards for State Administrative Expenses under The Food and Nutrition Act of 2008 (Section 16 of the Act, 7 U.S.C. 2025). (7) Non-discretionary Federal awards under the following non-entitlement programs: (i) Special Supplemental Nutrition Program for Women, Infants and Children (Section 17 of the Child Nutrition Act of 1966) 42 U.S.C. 1786; (ii) The Emergency Food Assistance Programs (Emergency Food Assistance Act of 1983) 7 U.S.C. 7501 note; and (iii) Commodity Supplemental Food Program (Section 5 of the Agriculture and Consumer Protection Act of 1973) 7 U.S.C. 612c note. § 200.102 Exceptions. (a) OMB class exceptions. Except for subpart F, OMB may allow exceptions from requirements of this part for classes of Federal awards, recipients, or subrecipients when the exceptions are not prohibited by statute. For example, Federal agencies may request exceptions in support of innovative program designs that apply a risk-based, data-driven framework to alleviate select compliance requirements and hold recipients accountable for good performance. See also § 200.206. Federal agencies may also request exceptions in emergency situations. When OMB allows an exception to requirements of this part, the Federal agency remains responsible for ensuring the exception is applied to Federal awards in a manner consistent with Federal statutes and regulations. (b) Statutory and regulatory exceptions. A Federal agency may adjust requirements to a class of Federal awards, recipients, or subrecipients when required by Federal statutes or regulations, except for the requirements in subpart F. Except for provisions in subpart F, when a Federal statute requires exceptions to requirements of this part for a class of Federal awards, recipients, or subrecipients, a Federal agency does not need OMB approval to allow those exceptions. See also § 200.106. (c) Federal agency exceptions. Federal agencies may allow exceptions to requirements of this part on a case-by-case basis for individual Federal awards, recipients, or subrecipients, except when the exceptions are prohibited by law or other approval is expressly required by this part. Only the cognizant agency for indirect costs may authorize exceptions related to cost allocation plans or indirect cost rate proposals. A Federal agency may also apply less restrictive requirements when issuing fixed amount awards (see § 200.1), except for those requirements imposed by statute or in subpart F. 465 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 65 § 200.103 Authorities. This part is issued under the following authorities. (a) Subparts B through D are authorized under 31 U.S.C. 503 (the Chief Financial Officers Act, Functions of the Deputy Director for Management); the Federal Program Information Act (Pub, L. 95-220 and Pub. L. 98-169, as amended, codified at 31 U.S.C. 6101-6106); the Federal Grant and Cooperative Agreement Act of 1977 (Pub. L. 95-224, as amended, codified at 31 U.S.C. 6301-6309); 41 U.S.C. 1101-1131 (the Office of Federal Procurement Policy Act); Reorganization Plan No. 2 of 1970 and Executive Order 11541 (“Prescribing the Duties of the Office of Management and Budget and the Domestic Policy Council in the Executive Office of the President”); and the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507). (b) Subpart E is authorized under the Budget and Accounting Act of 1921, as amended; the Budget and Accounting Procedures Act of 1950, as amended (31 U.S.C. 1101-1126); the Chief Financial Officers Act of 1990 (31 U.S.C. 503-504); Reorganization Plan No. 2 of 1970; and Executive Order 11541, “Prescribing the Duties of the Office of Management and Budget and the Domestic Policy Council in the Executive Office of the President.” OMB also relies on authority under 31 U.S.C. 503 and 31 U.S.C. 6307. (c) Subpart F is authorized under the Single Audit Act Amendments of 1996 (codified at 31 U.S.C. 7501- 7507). OMB also relies on authority under 31 U.S.C. 503 and 31 U.S.C. 6307. § 200.104 Supersession. This part superseded previous OMB guidance issued under Title 2, subtitle A, chapter II of the Code of Federal Regulations and certain OMB circulars related to uniform administrative requirements, cost principles, and audit requirements for Federal awards. § 200.105 Effect on other issuances. (a) Superseding inconsistent requirements. For Federal awards made subject to this part by a Federal agency, this part takes precedence over any administrative requirements, program manuals, handbooks, and other non-regulatory materials that are inconsistent with the requirements of this part upon implementation by the Federal agency, except to the extent that they are required by statute or authorized in accordance with § 200.102. (b) Imposition of requirements on recipients. Agencies may only impose legally binding requirements on recipients and subrecipients through: (1) Notice and public comment procedures through an approved agency process, including as authorized by this part, other statutes, or regulations; or (2) Incorporating requirements into the terms and conditions of a Federal award as permitted by Federal statute, regulation, or this part. § 200.106 Agency implementation. The specific requirements and responsibilities of Federal agencies, non-Federal entities, recipients, and subrecipients are set forth in this part. Federal agencies making Federal awards to non-Federal entities must implement the language in subparts C through F of this part in codified regulations unless different provisions are required by Federal statute or are approved by OMB. § 200.107 OMB responsibilities. 466 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 66 OMB will review Federal agency regulations and implementation of this part. OMB will provide interpretations of policy requirements and assistance to ensure effective, efficient, and consistent implementation. Any exceptions will be subject to approval by OMB and only with adequate justification from the Federal agency. § 200.108 Inquiries. Inquiries from Federal agencies concerning this part may be directed to OMB. Inquiries from recipients or subrecipients should be addressed to the Federal agency, the cognizant agency for indirect costs, the cognizant agency for audit, or the pass-through entity as appropriate. § 200.109 Review date. OMB will review this part periodically. § 200.110 Effective date. (a) The standards set forth in this part affecting the administration of Federal awards by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this part becomes final. (b) Existing negotiated indirect cost rates will remain in place until they expire. The effective date of changes to indirect cost rates must be based upon the date a newly re-negotiated rate goes into effect for the recipient's or subrecipient's fiscal year. Therefore, for indirect cost rates and cost allocation plans, the revisions to this part (as of the publication date for revisions to this guidance) become effective in generating proposals and negotiating a new rate (when the rate is re-negotiated). § 200.111 English language. (a) All Federal financial assistance announcements, applications, and Federal award information should be in the English language and must be in terms of U.S. dollars. However, Federal agencies, recipients, and subrecipients may issue or translate a Federal award or other documents into another language. A Federal agency may translate formal or informal announcements of the availability of Federal funding through a financial assistance program, such as a notice of funding opportunity, when translations may serve to increase the pool of applicants or the participation of a specific community (for example, programs administered in foreign countries where the primary language is not English). Federal agencies must maintain an official controlling English version of the Federal financial assistance announcement and the Federal award, including the terms and conditions. (b) Applications, reports, and official correspondence may be submitted in languages other than English if specified in the notice of funding opportunity or the terms and conditions of the Federal award. (c) In the event of inconsistency between English and another language, the English language meaning will control. When a significant portion of the recipient's or subrecipient's employees administering a Federal award are not fluent in English, the Federal award should be provided in English and the language(s) with which employees are more familiar. § 200.112 Conflict of interest. Federal agencies must establish conflict of interest policies for Federal awards. A recipient or subrecipient must disclose in writing any potential conflict of interest to the Federal agency or pass-through entity in accordance with the established Federal agency policies. § 200.113 Mandatory disclosures. 467 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 67 An applicant, recipient, or subrecipient of a Federal award must promptly disclose whenever, in connection with the Federal award (including any activities or subawards thereunder), it has credible evidence of the commission of a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code or a violation of the civil False Claims Act (31 U.S.C. 3729-3733). The disclosure must be made in writing to the Federal agency, the agency's Office of Inspector General, and pass-through entity (if applicable). Recipients and subrecipients are also required to report matters related to recipient integrity and performance in accordance with Appendix XII of this part. Failure to make required disclosures can result in any of the remedies described in § 200.339. (See also 2 CFR part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313.) Subpart C—Pre-Federal Award Requirements and Contents of Federal Awards § 200.200 Purpose. Sections 200.201 through 200.217 prescribe instructions and other pre-award matters to be used by Federal agencies in the program planning, announcement, application, and award processes. § 200.201 Use of grants, cooperative agreements, fixed amount awards, and contracts. (a) Federal awards. The Federal agency or pass-through entity must decide on the appropriate type of agreement for a Federal award (for example, a grant, cooperative agreement, subaward, or contract) in accordance with this guidance. See the Federal Grant and Cooperative Agreement Act (31 U.S.C. 6301- 6309). (b) Fixed amount awards. The Federal agency or pass-through entity (see § 200.333) may use fixed amount awards (see the definition of fixed amount awards in § 200.1) for which the following conditions apply: (1) The Federal award amount is negotiated using the cost principles (or other pricing information) as a guide. See § 200.101(b)(4)(ii) for further information on which provisions in subpart E (cost principles) apply to fixed amount awards. The Federal agency or pass -through entity may use fixed amount awards if the project scope has measurable goals and objectives and if accurate cost, historical, or unit pricing data is available to establish a fixed budget based on a reasonable estimate of actual costs. Budgets for fixed amount awards are negotiated with the recipient or subrecipient and the total amount of Federal funding is determined in accordance with the recipient's or subrecipient's proposal, available pricing data, and subpart E. Accountability must be based on performance and results, which can be communicated in performance reports or through routine monitoring. There is no expected routine monitoring of the actual costs incurred by the recipient or subrecipient under the Federal award. Therefore, no financial reporting is required. This does not absolve the recipient or subrecipient from the record retention requirements contained in §§ 200.334 through 200.338; nor does it absolve the recipient or subrecipient of the responsibilities of making records available for review during an audit. See § 200.101(b)(5)(i). Payments must be based on meeting specific requirements of the Federal award. Some of the ways in which the Federal award may be paid include, but are not limited to: (i) In several partial payments. The amount of each payment as well as the “milestone” or event triggering the payment, should be agreed to in advance and included in the Federal award; (ii) On a unit price basis. The defined unit(s) or price(s) should be agreed to in advance and included in the Federal award; or (iii) In one payment at the completion of the Federal award. (2) A fixed amount award must not be used in programs that require cost sharing. 468 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 68 (3) A fixed amount award may generate and use program income in accordance with the terms and conditions of the Federal award; however, the requirements of § 200.307 do not apply. (4) At the end of a fixed amount award, the recipient or subrecipient must certify in writing to the Federal agency or pass-through entity that the project was completed as agreed to in the Federal award, or identify those activities that were not completed, and that all expenditures were incurred in accordance with § 200.403. When the required activities were not carried out, including fixed amount awards paid on a unit price basis under 200.201(b)(1)(ii), the amount of the Federal award must be reduced by the amount that reflects the activities that were not completed in accordance with the Federal award. When the required activities were completed in accordance with the terms and conditions of the Federal award, the recipient or subrecipient is entitled to any unexpended funds. (5) Periodic reports may be established for fixed amount awards. (6) Prior approval requirements that apply to fixed amount awards are § 200.308(f) (paragraphs 1 through 3, 6 through 8, and 10) and § 200.333. § 200.202 Program planning and design. (a) The Federal agency must design a program and create an Assistance Listing before announcing the Notice of Funding Opportunity. A program must be designed: (1) With clear goals and objectives that provide meaningful results and be consistent with the Federal authorizing legislation of the program; (2) To measure performance based on the goals and objectives developed during program planning and design. Performance measures may differ depending on the type of program. See § 200.301 for more information on performance measurement; (3) To align with the strategic goals and objectives within the Federal agency's performance plan and support the Federal agency's performance measurement, management, customer service initiatives, and reporting as required by Part 6 of OMB Circular A-11 (Preparation, Submission, and Execution of the Budget); (4) To align with the Program Management Improvement Accountability Act (Pub. L. 114-264) as well as the Foundations for Evidence-Based Policymaking Act (Pub. L. 115-435), as applicable; and (5) To encourage applicants to engage, when practicable, during the design phase, members of the community that will benefit from or be impacted by a program. (b) Federal agencies should develop programs in consultation with communities benefiting from or impacted by the program. In addition, Federal agencies should consider available data, evidence, and evaluation results from past programs and make every effort to extend eligibility requirements to all potential applicants. Federal agencies are encouraged to coordinate with other agencies during program planning and design, particularly when the goals and objectives of a program or project align with those of other agencies. § 200.203 Requirement to provide public notice of Federal financial assistance programs. (a) The Federal agency must maintain an accurate list of Federal programs in the Assistance Listings maintained by the General Services Administration (GSA) at SAM.gov. (1) The Assistance Listings is the comprehensive government-wide source of Federal financial assistance program information produced by the executive branch of the Federal Government. 469 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 69 (2) The information that the Federal agency must submit to GSA for approval by OMB is listed in paragraph (b). GSA must prescribe the format for the submission in coordination with OMB. (3) The Federal agency must assign the appropriate Assistance Listing before making the Federal award unless exigent circumstances require otherwise (for example, timing requirements imposed by a Federal statute). (b) To the extent practicable, the Federal agency must create, update, and manage Assistance Listing entries based on the authorizing statute for the program and comply with additional guidance provided by GSA (in consultation with OMB) to ensure consistent and accurate information is available to prospective applicants. Assistance Listings should be communicated to the public in plain language. Accordingly, Federal agencies must submit the following information to GSA when creating an Assistance Listing: (1) Program Description, Purpose, Goals, and Measurement. A brief summary of the statutory or regulatory requirements of the program and its intended outcome. Where appropriate, the program description, purpose, goals, and performance measurement should align with the strategic goals and objectives within the Federal agency's performance plan and should support the Federal agency's performance measurement, management, customer experience initiatives, and reporting as required by Part 6 of OMB Circular A-11; (2) Identification. Identification of whether the program will issue Federal awards on a discretionary or non- discretionary basis; (3) Projected total amount of funds available for the program. Estimates based on previous year funding are acceptable if current appropriations are not available at the time of the submission; (4) Anticipated source of available funds. The statutory authority for funding the program and the agency, sub-agency, or specific program unit that will issue the Federal awards (to the extent possible) and associated funding identifier (for example, Treasury Account Symbol(s)); (5) General eligibility requirements. The statutory, regulatory, or other eligibility factors or considerations that determine the applicant's qualification for Federal awards under the program (for example, type of recipient); and (6) Applicability of Single Audit Requirements. Applicability of Single Audit Requirements as required by subpart F. § 200.204 Notices of funding opportunities. The Federal agency must announce specific funding opportunities for Federal financial assistance that will be openly competed. The term openly competed means opportunities that are not directed to one or more specifically identified applicants. To the extent possible, the Federal agency should communicate opportunities to the public in plain language to ensure the announcement is accessible to diverse communities of eligible applicants, including underserved communities. The Federal agency should also make efforts to limit the length and complexity of the announcement and only include the information that is necessary for the effective communication of the program objectives. Federal agencies may offer pre- application technical assistance or provide clarifying information for funding opportunities. However, Federal agencies must ensure these resources are made accessible and widely available to all potential applicants (for example, by posting answers to questions and requests on Grants.gov). The Federal agency should make every effort to identify in the NOFO all eligible applicants (for example, different types of nonprofit organizations such as labor unions and tribal organizations). The following information must be provided in a public notice: 470 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 70 (a) Summary information in notices of funding opportunities. The Federal agency must display the following information on Grants.gov, in a location preceding the full text of the announcement: (1) Federal Agency Name; (2) Funding Opportunity Title; (3) Announcement Type (whether the funding opportunity is the initial announcement or a modification of a previously announced opportunity); (4) Funding Opportunity Number (required, if the Federal agency has assigned a number to the funding opportunity announcement); (5) Assistance Listing Number(s); (6) Funding Details. To the extent appropriate, the total amount of funding that the Federal agency expects to award, the anticipated number of awards, and the expected dollar values of individual awards, which may be a range or average; (7) Key Dates. Key dates include due dates for submitting applications or Executive Order 12372 submissions, as well as for any letters of intent or preapplications. For any announcement issued before a program's application materials are available, key dates also include the date on which those materials will be released; and any other additional information, as deemed applicable by the Federal agency. If possible, the Federal agency should provide an anticipated award date. If the NOFO states that applications will be evaluated on a “rolling” basis (that is, at different points during a specified period of time), the Federal agency should provide an estimate of the time needed to process an application and notify the applicant of the Federal agency's decision; (8) Executive Summary. A brief description that is written in plain language and summarizes the goals and objectives of the program, the target audience, and eligible applicants. The text of the executive summary should not exceed 500 words; and (9) Agency contact information. (b) Availability period. The Federal agency should make all funding opportunities available for application for at least 60 calendar days. However, the Federal agency may modify the availability period of an opportunity as needed. For example, extending the period may be necessary to provide technical assistance to an applicant pool that was not anticipated when the announcement was made or has less experience with applying for Federal financial assistance. The Federal agency may also determine that an availability period of less than 60 days is sufficient for a particular funding opportunity. However, no funding opportunity should be available for less than 30 calendar days unless the Federal agency determines that exigent circumstances justify this. (c) Full text of funding opportunities. (1) The Federal agency must include the information in Appendix I for every funding opportunity. (2) Federal agencies should ensure that funding opportunities are written using plain language. To the extent possible Federal agencies must streamline opportunities to make them accessible, particularly for funding opportunities that are new, targeted to underserved communities, or intended to reach inexperienced applicants. 471 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 71 (3) To reduce application burden, Federal agencies should consider whether programmatic or administrative requirements specific to the agency, program, or funding opportunity must be met at the time of application or as a requirement of receiving a Federal award. § 200.205 Federal agency review of merit of proposals. Unless prohibited by Federal statute, the Federal agency must design and execute a merit review process of applications for discretionary Federal awards. The objective of a merit review process is to select recipients most likely to be successful in delivering results based on the program objectives as outlined in section § 200.202. A merit review is an objective process of evaluating Federal award applications in accordance with the written standards of the Federal agency. These standards should identify the number of people the agency requires to participate in the merit review process and provide opportunities for a diverse group of participants, including those representing underserved communities. The merit review process explained in this section must be described or incorporated by reference in the applicable funding opportunity. See appendix I to this part. See also § 200.204. The Federal agency must also periodically review its merit review process. § 200.206 Federal agency review of risk posed by applicants. (a) Review of OMB-designated repositories of government-wide data. (1) Prior to making a Federal award, the Federal agency is required to review eligibility information for applicants and financial integrity information for applicants available in OMB-designated databases per the Payment Integrity Information Act of 2019 (Pub. L. 116-117), the “Do Not Pay Initiative” (31 U.S.C. 3354), and 41 U.S.C. 2313. (2) The Federal agency is required to review the responsibility and qualification records available in the non-public segment of the System for Award Management (SAM.gov) prior to making a Federal award where the Federal share is expected to exceed the simplified acquisition threshold, defined at 41 U.S.C. 134, over the period of performance. See 41 U.S.C. 2313. The Federal agency must consider all of the information available in SAM.gov with regard to the applicant and any immediate highest-level owner, predecessor (meaning, an organization that is replaced by a successor), or subsidiary, identified for that applicant in SAM.gov. See Public Law 112-239, National Defense Authorization Act for Fiscal Year 2013; 41 U.S.C. 2313(d). The information in the system for a prior recipient of a Federal award must demonstrate a satisfactory record of administering programs or activities under Federal financial assistance or procurement awards, and integrity and business ethics. The Federal agency may make a Federal award to a recipient that does not fully meet these standards if it is determined that the information is not relevant to the Federal award under consideration or there are specific conditions that can appropriately mitigate the risk associated with the recipient in accordance with § 200.208. (b) Risk Assessment. (1) The Federal agency must establish and maintain policies and procedures for conducting a risk assessment to evaluate the risks posed by applicants before issuing Federal awards. This assessment helps identify risks that may affect the advancement toward or the achievement of a project's goals and objectives. Risk assessments assist Federal managers in determining appropriate resources and time to devote to project oversight and monitor recipient progress. This assessment may incorporate elements such as the quality of the application, award amount, risk associated with the program, cybersecurity risks, fraud risks, and impacts on local jobs and the community. If the Federal agency determines that the Federal award will be made, specific conditions that address the assessed risk may be implemented in the Federal award. The risk criteria to be evaluated must be described in the announcement of the funding opportunity described in § 200.204. (2) In evaluating risks posed by applicants, the Federal agency should consider the following items: 472 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 72 (i) Financial stability. The applicant's record of effectively managing financial risks, assets, and resources; (ii) Management systems and standards. Quality of management systems and ability to meet the management standards prescribed in this part; (iii) History of performance. The applicant's record of managing previous and current Federal awards, including compliance with reporting requirements and conformance to the terms and conditions of Federal awards, if applicable; (iv) Audit reports and findings. Reports and findings from audits performed under subpart F or the reports and findings of any other available audits, if applicable; and (v) Ability to effectively implement requirements. The applicant's ability to effectively implement statutory, regulatory, or other requirements imposed on recipients of Federal awards. (c) Adjustments to the Risk Assessment. The Federal agency may modify the risk assessment at any time during the period of performance, which may justify changes to the terms and conditions of the Federal award. See § 200.208. (d) Suspension and debarment compliance. The Federal agency must comply with the government-wide suspension and debarment guidance in 2 CFR part 180 and individual Federal agency suspension and debarment requirements in title 2 of the Code of Federal Regulations. Federal agencies must also require recipients to comply with these requirements. These requirements restrict making Federal awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from receiving Federal awards or participating in Federal awards. § 200.207 Standard application requirements. (a) Paperwork clearances. The Federal agency may only use application information collections approved by OMB under the Paperwork Reduction Act of 1995 and OMB's implementing regulations in 5 CFR part 1320 and in alignment with OMB-approved, government-wide data elements available from the OMB- designated standards lead. Examples of application information collections approved by OMB include the Standard Forms 424 (SF-424), which is available on Grants.gov, and the Biographical Sketch Common Form (OMB Control Number 3145-0279), which Federal agencies should use to collect biographical sketches and other disclosure information from award applicants. OMB will authorize additional information collections only on a limited basis and consistent with these requirements. (b) Information collection. The Federal agency may inform applicants that they do not need to provide certain information already being collected through other means. § 200.208 Specific conditions. (a) Federal agencies are responsible for ensuring that specific Federal award conditions and performance expectations are consistent with the program design (See § 200.202 and § 200.301). (b) The Federal agency or pass-through entity may adjust specific conditions in the Federal award based on an analysis of the following factors: (1) Review of OMB-designated repositories of government-wide data (for example, SAM.gov) or review of its risk assessment (See § 200.206); (2) The recipient's or subrecipient's history of compliance with the terms and conditions of Federal awards; 473 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 73 (3) The recipient's or subrecipient's ability to meet expected performance goals as described in § 200.211; or (4) A determination of whether a recipient or subrecipient has inadequate financial capability to perform the Federal award. (c) Specific conditions may include the following: (1) Requiring payments as reimbursements rather than advance payments; (2) Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance; (3) Requiring additional or more detailed financial reports; (4) Requiring additional project monitoring; (5) Requiring the recipient or subrecipient to obtain technical or management assistance; or (6) Establishing additional prior approvals. (d) Prior to imposing specific conditions, the Federal agency or pass-through entity must notify the recipient or subrecipient as to: (1) The nature of the specific condition(s); (2) The reason why the specific condition(s) is being imposed; (3) The nature of the action needed to remove the specific condition(s); (4) The time allowed for completing the actions; and (5) The method for requesting the Federal agency or pass-through entity to reconsider imposing a specific condition. (e) Any specific conditions must be promptly removed once the conditions that prompted them have been satisfied. § 200.209 Certifications and representations. Unless prohibited by the U.S. Constitution, Federal statutes, or regulations, a Federal agency or pass- through entity is authorized to require a recipient to submit annual certifications and representations. Submission may be required more frequently if a recipient or subrecipient fails to meet a requirement of a Federal award. When a recipient is provided an exception to the requirements of 2 CFR 25.110, the recipient must submit the appropriate assurance form (for example, SF-424B). § 200.210 Pre-award costs. For requirements on costs incurred by the applicant prior to the start date of the period of performance of the Federal award, see § 200.458. § 200.211 Information contained in a Federal award. 474 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 74 The Federal award must include the following information: (a) Federal award performance goals. Where applicable, performance goals, indicators, targets, and baseline data must be included in the Federal award. The Federal agency must also specify in the terms and conditions of the Federal award how performance will be assessed, including the timing and scope of expected performance. See §§ 200.202 and 200.301 for more information on Federal award performance goals. (b) General Federal award information. The Federal agency must include the following information in each Federal award: (1) Recipient Name (which must match the name associated with its unique entity identifier as defined at 2 CFR 25.400); (2) Recipient's Unique Entity Identifier; (3) Unique Federal Award Identification Number (FAIN); (4) Federal Award Date (see Federal award date in § 200.1); (5) Period of Performance Start and End Date; (6) Budget Period Start and End Date; (7) Amount of Federal Funds Obligated by this Action; (8) Total Amount of Federal Funds Obligated; (9) Total Approved Cost Sharing, where applicable; (10) Total Amount of the Federal Award including approved Cost Sharing; (11) Budget Approved by the Federal Agency; (12) Federal Award Description (to comply with statutory requirements (for example, FFATA)); (13) Name of the Federal agency (including contact information for the awarding official); (14) Assistance Listings Number and Title; (15) Identification of whether the Award is R&D; and (16) Indirect Cost Rate for the Federal award (including if the de minimis rate is charged per § 200.414). (c) General terms and conditions. (1) Federal agencies must incorporate the following general terms and conditions either in the Federal award or by reference, as applicable: (i) Administrative requirements. Administrative requirements implemented by the Federal agency as specified in this part. 475 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 75 (ii) National policy requirements. These include statutory, executive order, other Presidential directive, or regulatory requirements that apply by specific reference and are not program-specific. See § 200.300 Statutory and national policy requirements. (iii) Recipient integrity and performance matters. When the total Federal share of the Federal award may include more than $500,000 over the period of performance, the Federal agency must include the terms and conditions available in Appendix XII. See also § 200.113. (iv) Future budget periods. When it is anticipated that the period of performance will include multiple budget periods, the Federal agency must indicate that subsequent budget periods are subject to the availability of funds, program authority, satisfactory performance, and compliance with the terms and conditions of the Federal award. (v) Termination provisions. Federal agencies must inform recipients of the termination provisions in § 200.340, including the applicable termination provisions in the Federal agency's regulations or terms and conditions of the Federal award. (2) The Federal award must incorporate, by reference, all general terms and conditions of the Federal award, which must be maintained on the Federal agency's website. (3) The Federal agency must provide a copy of the full text of the general terms and conditions if a recipient requests it. (4) The Federal agency must maintain an archive of previous versions of the general terms and conditions, with effective dates, for use by a recipient, auditors, or others. The archive should be located on the Federal agency's website in the same place where current terms and conditions are available. (d) Federal award specific terms and conditions. The Federal agency must include in each Federal award any specific terms and conditions that are in addition to the general terms and conditions. See also § 200.208. For loan and loan guarantee programs, the Federal agency must specify whether or not the Federal award has continuing compliance requirements. Whenever practicable, these specific terms and conditions should also be available on the Federal agency's website and in notices of funding opportunities (as outlined in § 200.204). (e) Federal agency requirements. Any other information required by the Federal agency. § 200.212 Public access to Federal award information. (a) Except as noted in paragraph (c) of this section, the Federal agency must publish the required Federal award information on USAspending.gov in accordance with the guidance provided by OMB and the U.S. Department of the Treasury's Government-wide Spending Data Model (GSDM). (b) All responsibility and qualification records posted in SAM.gov will be publicly available after a waiting period of 14 calendar days, except for: (1) Past performance reviews required by Federal Government contractors (See Federal Acquisition Regulation (FAR) 48 CFR part 42, subpart 42.15); (2) Information that was entered prior to April 15, 2011; or (3) Information that is withdrawn during the 14-calendar day waiting period by a Federal agency. 476 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 76 (c) Nothing in this section may be construed as requiring the publication of information otherwise exempt under the Freedom of Information Act (5 U.S.C. 552), or controlled unclassified information pursuant to Executive Order 13556. § 200.213 Reporting a determination that an applicant is not qualified for a Federal award. (a) The Federal agency must report in SAM.gov if it does not make a Federal award to an applicant because it determines that the applicant does not meet the minimum qualification standards as described in § 200.206(a)(2). The Federal agency must report that determination only if all of the following apply: (1) The only basis for the determination is the applicant's prior record of performance on administering Federal awards or its record of integrity and business ethics, as described in § 200.206(a)(2) (meaning, the applicant was determined to be qualified based on all factors other than those two standards); and (2) The total Federal share of the Federal award was expected to exceed the simplified acquisition threshold over the period of performance. (b) The Federal agency is not required to report a determination that an applicant is not qualified for a Federal award if they issue the Federal award in accordance with the requirements of § 200.208. (c) If the Federal agency reports a determination that an applicant is not qualified for a Federal award, the Federal agency also must notify the applicant that: (1) The determination was made and reported in SAM.gov. The notification from the Federal agency to the applicant should also provide a brief explanation for the determination; (2) The information will be kept in the system for a period of five years from the date of the determination and then archived (See section 872 of Public Law 110-417, as amended, codified at 41 U.S.C. 2313); (3) Each Federal agency that considers making a Federal award to the applicant during that five-year period will consider that information in determining the applicant's qualification to receive a Federal award when the total Federal share of a Federal award is expected to exceed the simplified acquisition threshold over the period of performance; (4) The applicant may review the responsibility and qualification records accessible in SAM.gov and comment on any information the system contains about the applicant; and (5) Federal agencies must consider the applicant's comments in determining whether the applicant is qualified for a future Federal award. (d) If the Federal agency enters information into SAM.gov about a determination that an applicant is not qualified for a Federal award and subsequently: (1) Learns that any of that information is erroneous, the Federal agency must correct the information in the system within three business days; and (2) Obtains an update to that information that could be helpful to other Federal agencies, the Federal agency should amend the information in the system within 30 days. (e) Federal agencies must not post any information that will be made publicly available in the non-public segment of the responsibility and qualification records that is covered by a disclosure exemption under the Freedom of Information Act. If a recipient asserts within seven calendar days to a Federal agency that some or all of the publicly available information is covered by a disclosure exemption under the Freedom of Information Act, the Federal agency that posted the information must remove the posting within seven 477 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 77 calendar days of receiving the assertion. Prior to reposting the releasable information, the Federal agency must resolve the issue in accordance with the agency's Freedom of Information Act procedures. § 200.214 Suspension and debarment. Recipients and subrecipients are subject to the nonprocurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, as well as 2 CFR part 180. The regulations in 2 CFR part 180 restrict making Federal awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from receiving or participating in Federal awards. § 200.215 Never contract with the enemy. Federal agencies, recipients, and subrecipients are subject to the guidance implementing Never Contract with the Enemy in 2 CFR part 183. The guidance in 2 CFR part 183 affects covered contracts, grants, and cooperative agreements that are expected to exceed $50,000 during the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. § 200.216 Prohibition on certain telecommunications and video surveillance equipment or services. (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain covered telecommunications equipment or services; (2) Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services. (b) As described in section 889 of Public Law 115-232, “covered telecommunications equipment or services” means any of the following: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; (c) For the purposes of this section, “covered telecommunications equipment or services” also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (d) In implementing the prohibition under section 889 of Public Law 115-232, heads of executive agencies administering loan, grant, or subsidy programs must prioritize available funding and technical support to 478 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 78 assist affected businesses, institutions, and organizations as is reasonably necessary for those affected entities to transition from covered telecommunications equipment or services, to procure replacement equipment or services, and to ensure that communications service to users and customers is sustained. (e) When the recipient or subrecipient accepts a loan or grant, it is certifying that it will comply with the prohibition on covered telecommunications equipment and services in this section. The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunications equipment or services beyond the certification provided upon accepting the loan or grant and those provided upon submitting payment requests and financial reports. (f) For additional information, see section 889 of Public Law 115-232 and § 200.471. § 200.217 Whistleblower protections. An employee of a recipient or subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. The recipient and subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. 4712. See statutory requirements for whistleblower protections at 10 U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304, and 10 U.S.C. 4310. Subpart D—Post Federal Award Requirements § 200.300 Statutory and national policy requirements. (a) The Federal agency or pass-through entity must manage and administer the Federal award in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with the U.S. Constitution, applicable Federal statutes and regulations—including provisions protecting free speech, religious liberty, public welfare, and the environment, and those prohibiting discrimination—and the requirements of this part. The Federal agency or pass-through entity must communicate to a recipient or subrecipient all relevant requirements, including those contained in general appropriations provisions, and incorporate them directly or by reference in the terms and conditions of the Federal award. (b) In administering Federal awards that are subject to a Federal statute prohibiting discrimination based on sex, the Federal agency or pass-through entity must ensure that the award is administered in a way that does not unlawfully discriminate based on sexual orientation or gender identity if the statute's prohibition on sex discrimination encompasses discrimination based on sexual orientation and gender identity consistent with the Supreme Court's reasoning in Bostock v. Clayton County, 140 S. Ct. 1731 (2020). (c) In administering awards in accordance with the U.S. Constitution, the Federal agency must take account of the heightened constitutional scrutiny that may apply under the Constitution's Equal Protection guarantee for government action that provides differential treatment based on protected characteristics. § 200.301 Performance measurement. (a) The Federal agency must measure the recipient's performance to show achievement of program goals and objectives, share lessons learned, improve program outcomes, and foster the adoption of promising practices. The Federal agency should establish program goals and objectives during program planning and design (see § 200.202). The Federal agency should clearly communicate the specific program goals and objectives in the Federal award, including how the Federal agency will measure the achievement of the 479 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 79 goals and objectives, the expected timeline, and information on how the recipient must report the achievement of program goals and objectives. The Federal agency should also clearly communicate in the Federal award any expected outcomes (such as outputs, service performance, or public impacts of any of these), indicators, targets, baseline data, or data collections that the recipient is responsible for measuring and reporting. The Federal agency must ensure all requirements for measuring performance align with the Federal agency's strategic goals, strategic objectives, or performance goals relevant to a program (see OMB Circular A-11, Preparation, Submission, and Execution of the Budget Part 6). (b) When establishing performance reporting frequency and content, the Federal agency should consider what information will be necessary to measure the recipient's progress, to identify promising practices of recipients, and build the evidence upon which the Federal agency makes program and performance decisions. The Federal agency should not require additional information that is not necessary for measuring program performance and evaluation. See § 200.329 for more information on reporting program performance. (c) The Federal agency should also specify in the Federal award any requirements of the recipients' participation in federally funded evaluations. § 200.302 Financial management. (a) Each State must expend and account for the Federal award in accordance with State laws and procedures for expending and accounting for the State's funds. All recipient and subrecipient financial management systems, including records documenting compliance with Federal statutes, regulations, and the terms and conditions of the Federal award, must be sufficient to permit the preparation of reports required by the terms and conditions; and tracking expenditures to establish that funds have been used in accordance with Federal statutes, regulations, and the terms and conditions of the Federal award. See § 200.450. (b) The recipient's and subrecipient's financial management system must provide for the following (see §§ 200.334, 200.335, 200.336, and 200.337): (1) Identification of all Federal awards received and expended and the Federal programs under which they were received. Federal program and Federal award identification must include, as applicable, the Assistance Listings title and number, Federal award identification number, year the Federal award was issued, and name of the Federal agency or pass-through entity. (2) Accurate, current, and complete disclosure of the financial results of each Federal award or program in accordance with the reporting requirements in §§ 200.328 and 200.329. When a Federal agency or pass- through entity requires reporting on an accrual basis from a recipient or subrecipient that maintains its records other than on an accrual basis, the recipient or subrecipient must not be required to establish an accrual accounting system. This recipient or subrecipient may develop accrual data for its reports based on an analysis of the documentation on hand. (3) Maintaining records that sufficiently identify the amount, source, and expenditure of Federal funds for Federal awards. These records must contain information necessary to identify Federal awards, authorizations, financial obligations, unobligated balances, as well as assets, expenditures, income, and interest. All records must be supported by source documentation. (4) Effective control over and accountability for all funds, property, and assets. The recipient or subrecipient must safeguard all assets and ensure they are used solely for authorized purposes. See § 200.303. (5) Comparison of expenditures with budget amounts for each Federal award. (6) Written procedures to implement the requirements of § 200.305. 480 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 80 (7) Written procedures for determining the allowability of costs in accordance with subpart E and the terms and conditions of the Federal award. § 200.303 Internal controls. The recipient and subrecipient must: (a) Establish, document, and maintain effective internal control over the Federal award that provides reasonable assurance that the recipient or subrecipient is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should align with the guidance in “Standards for Internal Control in the Federal Government” issued by the Comptroller General of the United States or the “Internal Control-Integrated Framework” issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). (b) Comply with the U.S. Constitution, Federal statutes, regulations, and the terms and conditions of the Federal award. (c) Evaluate and monitor the recipient's or subrecipient's compliance with statutes, regulations, and the terms and conditions of Federal awards. (d) Take prompt action when instances of noncompliance are identified. (e) Take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable information (PII) and other types of information. This also includes information the Federal agency or pass-through entity designates as sensitive or other information the recipient or subrecipient considers sensitive and is consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality. § 200.304 Bonds. (a) Where the Federal Government guarantees or insures the repayment of money borrowed by the recipient, the Federal agency may require adequate bonding and insurance if the bonding and insurance requirements of the recipient are not deemed adequate to protect the interest of the Federal Government. (b) The Federal agency may require adequate fidelity bond coverage where the recipient lacks coverage to protect the interest of the Federal Government. (c) Where bonds, insurance, or both are required in the situations described above, the bonds and insurance must be obtained from companies holding certificates of authority issued by the U.S. Department of Treasury (see 31 CFR part 223). § 200.305 Federal payment. (a) Payments for States. Payments for States are governed by Treasury-State Cash Management Improvement Act (CMIA) agreements and default procedures codified at 31 CFR part 205 and Treasury Financial Manual (TFM) 4A-2000, “Overall Disbursing Rules for All Federal Agencies.” (b) Payments for recipients and subrecipients other than States. For recipients and subrecipients other than States, payment methods must minimize the time elapsing between the transfer of funds from the Federal agency or the pass-through entity and the disbursement of funds by the recipient or subrecipient regardless of whether the payment is made by electronic funds transfer or by other means. See § 200.302(b)(6). Except as noted in this part, the Federal agency must require recipients to use only OMB-approved, government-wide information collections to request payment. 481 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 81 (1) The recipient or subrecipient must be paid in advance, provided it maintains or demonstrates the willingness to maintain both written procedures that minimize the time elapsing between the transfer of funds and disbursement by the recipient or subrecipient, and financial management systems that meet the standards for fund control and accountability as established in this part. Advance payments to a recipient or subrecipient must be limited to the minimum amounts needed and be timed with actual, immediate cash requirements of the recipient or subrecipient in carrying out the purpose of the approved program or project. The timing and amount of advance payments must be as close as is administratively feasible to the actual disbursements by the recipient or subrecipient for direct program or project costs and the proportionate share of any allowable indirect costs. The recipient or subrecipient must make timely payments to contractors in accordance with the contract provisions. (2) Whenever possible, advance payment requests by the recipient or subrecipient must be consolidated to cover anticipated cash needs for all Federal awards received by the recipient from the awarding Federal agency or pass-through entity. (i) Advance payment mechanisms must comply with 31 CFR part 208 and include, but are not limited to, Treasury checks and electronic funds transfers. (ii) Recipients and subrecipients must be authorized to submit payment requests as often as necessary when electronic fund transfers are used or at least monthly when electronic transfers are not used. See Electronic Fund Transfer Act (15 U.S.C. 1693-1693r). (3) Reimbursement is preferred when the requirements in paragraph (b) cannot be met, when the Federal agency or pass-through entity sets a specific condition per § 200.208, when requested by the recipient or subrecipient, when a Federal award is for construction, or when a significant portion of the construction project is accomplished through private market financing or Federal loans and the Federal award constitutes a minor portion of the project. When the reimbursement method is used, the Federal agency or pass-through entity must make payment within 30 calendar days after receipt of the payment request unless the Federal agency or pass-through entity reasonably believes the request to be improper. (4) If the recipient or subrecipient cannot meet the criteria for advance payments and the Federal agency or pass-through entity has determined that reimbursement is not feasible because the recipient or subrecipient lacks sufficient working capital, the Federal agency or pass-through entity may provide cash on a working capital advance basis. Under this procedure, the Federal agency or pass-through entity must advance cash payments to the recipient or subrecipient to cover its estimated disbursement needs for an initial period generally aligned to the recipient's or subrecipient's disbursing cycle. After that, the Federal agency or pass-through entity must reimburse the recipient or subrecipient for its actual cash disbursements. Use of the working capital advance payment method requires that the pass-through entity provide timely advance payments to any subrecipients to meet the subrecipient's actual cash disbursements. The pass-through entity must not use the working capital advance method of payment if the reason for using this method is the unwillingness or inability of the pass-through entity to provide timely advance payments to the subrecipient to meet the subrecipient's actual cash disbursements. (5) If available, the recipient or subrecipient must disburse funds available from program income (including repayments to a revolving fund), rebates, refunds, contract settlements, audit recoveries, and interest earned on Federal funds before requesting additional cash payments. (6) Payments for allowable costs must not be withheld at any time during the period of performance unless required by Federal statute, regulations, or in one of the following instances: (i) The recipient or subrecipient has failed to comply with the terms and conditions of the Federal award; or (ii) The recipient or subrecipient is delinquent in a debt to the United States as defined in OMB Circular A- 129, “Policies for Federal Credit Programs and Non-Tax Receivables.” Under such conditions, the Federal agency or pass-through entity may, after providing reasonable notice, withhold payments to the recipient 482 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 82 or subrecipient for financial obligations incurred after a specified date until the conditions are corrected or the debt is repaid to the Federal Government. (7) A payment withheld for failure to comply with the terms and conditions of the Federal award must be released to the recipient or subrecipient upon subsequent compliance. When a Federal award is suspended, payment adjustments must be made in accordance with § 200.343. (8) A payment must not be made to a recipient or subrecipient for amounts that the recipient or subrecipient withholds from contractors to assure satisfactory completion of work. Payment must be made when the recipient or subrecipient disburses the withheld funds to the contractors or to escrow accounts established to ensure satisfactory completion of work. (9) The Federal agency or pass-through entity must not require separate depository accounts for funds provided to the recipient or subrecipient or establish any eligibility requirements for depositories. However, the recipient or subrecipient must be able to account for all Federal funds received, obligated, and expended. (10) Advance payments of Federal funds must be deposited and maintained in insured accounts whenever possible. (11) The recipient or subrecipient must maintain advance payments of Federal funds in interest-bearing accounts unless one of the following applies: (i) The recipient or subrecipient receives less than $250,000 in Federal funding per year; (ii) The best available interest-bearing account would not reasonably be expected to earn interest in excess of $500 per year on Federal cash balances; (iii) The depository would require an average or minimum balance so high that it would not be feasible with the expected Federal and non-Federal cash resources; (iv) A foreign government or banking system prohibits or precludes interest-bearing accounts; or (v) An interest-bearing account is not readily accessible (for example, due to public or political unrest in a foreign country). (12) The recipient or subrecipient may retain up to $500 per year of interest earned on Federal funds to use for administrative expenses of the recipient or subrecipient. Any additional interest earned on Federal funds must be returned annually to the Department of Health and Human Services Payment Management System (PMS) through either the Automated Clearing House (ACH) network or a Fedwire Funds Service payment. All interest in excess of $500 per year must be returned to PMS regardless of whether the recipient or subrecipient was paid through PMS. Instructions for returning interest can be found at https://pms.psc.gov/grant-recipients/returning-funds-interest.html. (13) All other Federal funds must be returned to the payment system of the Federal agency. Returns should follow the instructions provided by the Federal agency. All returns to PMS should follow the instructions provided at https://pms.psc.gov/grant-recipients/returning-funds-interest.html. § 200.306 Cost sharing. (a) Voluntary committed cost sharing is not expected under Federal research grants. The Federal agency may not use voluntary committed cost sharing as a factor during the merit review of applications or proposals for Federal research grants unless authorized by Federal statutes or agency regulations and specified in the notice of funding opportunity. Federal agencies are also discouraged from using voluntary 483 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 83 committed cost sharing as a factor during the merit review of applications for other Federal financial assistance programs. If voluntary committed cost sharing is used for this purpose for other programs, the notice of funding opportunity must specify how an applicant's proposed cost sharing will be considered. See §§ 200.414, 200.204, and Appendix I. (b) For all Federal awards, the Federal agency or pass-through entity must accept any cost sharing funds (including cash and third-party in-kind contributions, and also including funds committed by the recipient, subrecipient, or third parties) as part of the recipient's or subrecipient's contributions to a program when the funds: (1) Are verifiable in the recipient's or subrecipient's records; (2) Are not included as contributions for any other Federal award; (3) Are necessary and reasonable for achieving the objectives of the Federal award; (4) Are allowable under subpart E; (5) Are not paid by the Federal Government under another Federal award, except where the program's Federal authorizing statute specifically provides that Federal funds made available for the program can be applied to cost sharing requirements of other Federal programs; (6) Are provided for in the approved budget when required by the Federal agency; and (7) Conform to other applicable provisions of this part. (c) Unrecovered indirect costs, including indirect costs on cost sharing, may be included as part of cost sharing with the prior approval of the Federal agency or pass-through entity. Unrecovered indirect cost means the difference between the amount charged to the Federal award and the amount which could have been charged to the Federal award under the recipient's or subrecipient's approved indirect cost rate. (d) Values for recipient or subrecipient contributions of services and property must be established in accordance with the cost principles in subpart E. When a Federal agency or pass-through entity authorizes the recipient or subrecipient to donate buildings or land for construction/facilities acquisition projects or long-term use, the value of the donated property for cost sharing must be the lesser of paragraph (d)(1) or (2) below. (1) The value of the remaining life of the property recorded in the recipient's or subrecipient's accounting records at the time of donation. (2) The current fair market value. However, when there is sufficient justification, the Federal agency or pass- through may approve using the current fair market value of the donated property, even if it exceeds the value described in paragraph (d)(1) at the time of donation. (e) Volunteer services furnished by third-party professional and technical personnel, consultants, and other labor may be counted as cost sharing if the service is necessary for the program. Rates for third-party volunteer services must be consistent with those paid for similar work by the recipient or subrecipient. When the required skills are not found in the recipient's or subrecipient's workforce, rates must be consistent with those paid for similar work in the labor market where the recipient or subrecipient competes for the services involved. In either case, fringe benefits that are allowable, allocable, and reasonable may be included in the valuation. (f) When a third-party organization furnishes the services of an employee, these services must be valued at the employee's regular rate of pay plus an amount of fringe benefits that is reasonable, necessary, 484 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 84 allocable, and otherwise allowable, and indirect costs at either the third-party organization's approved federally-negotiated indirect cost rate or, a rate in accordance with § 200.414(d) provided these services employ the same skill(s) for which the employee is normally paid. Where donated services are treated as indirect costs, indirect cost rates will separate the value of the donated services so that reimbursement for the donated services will not be made. (g) Donated property from third parties may include items such as equipment, office supplies, laboratory supplies, or workshop and classroom supplies. The assessed value of donated property included as cost sharing must not exceed the property's fair market value at the time of the donation. (h) The method used for determining the value of donated equipment, buildings, and land for which title passes to the recipient or subrecipient may differ according to the following: (1) If the purpose of the Federal award is to assist the recipient or subrecipient in acquiring equipment, buildings, or land, the aggregate value of the donated property may be claimed as cost sharing. (2) If the purpose of the Federal award is to support activities that require the use of equipment, buildings, or land, only depreciation charges for equipment and buildings may be made. However, the fair market value of equipment or other capital assets and fair rental charges for land may be allowed if provided in the terms and conditions of the Federal award. See § 200.420. (i) The value of donated property must be determined in accordance with the accounting policies of the recipient or subrecipient with the following qualifications: (1) The value of donated land and buildings must not exceed its fair market value at the time of donation to the recipient or subrecipient as established by an independent appraiser (for example, certified real property appraiser or General Services Administration representative) and certified by a responsible official of the recipient or subrecipient as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (42 U.S.C. 4601-4655) except as provided in the implementing regulations at 49 CFR part 24, “Uniform Relocation Assistance And Real Property Acquisition For Federal And Federally-Assisted Programs.” (2) The value of donated equipment must not exceed the fair market value at the time of donation. (3) The value of donated space must not exceed the fair rental value of comparable space as established by an independent appraisal of comparable space and facilities in a privately-owned building in the same locality. (4) The value of loaned equipment must not exceed its fair rental value. (j) The fair market value of third-party in-kind contributions must be documented and, to the extent feasible, supported by the same methods used internally by the recipient or subrecipient. (k) For institutions of higher education (IHE), voluntary uncommitted cost sharing should be treated differently from mandatory or voluntary committed cost sharing. Voluntary uncommitted cost sharing should not be included in the organized research base for computing the indirect cost rate or reflected in any allocation of indirect costs. Voluntary uncommitted cost sharing includes faculty-donated additional time above that agreed to as part of the award. See OMB memorandum M-01-06, dated January 5, 2001, Clarification of OMB A-21 Treatment of Voluntary Uncommitted Cost Sharing and Tuition Remission Costs. § 200.307 Program income. (a) General. The recipient or subrecipient is encouraged to earn income to defray program costs when appropriate. Program income must be used for the original purpose of the Federal award. Program income 485 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 85 earned during the period of performance may only be used for costs incurred during the period of performance or allowable closeout costs. See § 200.472(b). Program income must be expended prior to requesting additional Federal funds. Program income exceeding amounts specified in the Federal award may be added to or deducted from the total allowable costs in accordance with the terms and conditions of the Federal award. (b) Use of program income. There are three methods of applying program income: deduction; addition; and cost-sharing. The Federal agency should specify what program income method(s) will be used in the terms and conditions of the Federal award. The deduction method will be used if the Federal agency does not specify a method for applying program income. When no program income method is specified in the Federal award, prior approval is required to use the addition or cost sharing methods. However, the addition method will be used when no method is specified for awards made to institutions of higher education (IHE) and nonprofit research institutions. In specifying alternatives to the deduction and addition methods, the Federal agency may distinguish between income earned by the recipient and income earned by subrecipients as well as between the sources, kinds, or amounts of income. (1) Deduction. Program income is deducted from the total allowable costs, reducing the overall total amount of the Federal award. (2) Addition. Program income is added to the total allowable costs, increasing the overall total amount of the Federal award. (3) Cost sharing. Program income is used to meet the Federal award's cost sharing requirement. (c) Income after the period of performance. There are no requirements governing the disposition of program income earned after the end of the period of performance of the Federal award unless stipulated in the Federal agency regulations or the terms and conditions of the Federal award. The Federal agency may negotiate agreements with recipients regarding appropriate uses of income earned after the end of the period of performance as part of the closeout process. See § 200.344. (d) Cost of generating program income. If authorized by Federal regulations or the Federal award, costs incidental to generating program income may be deducted from gross income to determine program income, provided these costs have not been charged to the Federal award. (e) Not considered program income. The following are not considered program income unless specified in Federal statutes, regulations, or the terms and conditions of the Federal award: (1) Governmental revenues. Taxes, special assessments, levies, fines, and similar revenues the recipient or subrecipient raised. (2) Property. Proceeds from the sale of real property, equipment, or supplies. The proceeds must be handled in accordance with the requirements of the Property Standards of §§ 200.311, 200.313, 200.314, or as explicitly identified in Federal statutes, regulations, or the terms and conditions of the Federal award. (3) License fees and royalties. License fees and royalties for copyrighted material, patents, patent applications, trademarks, and inventions made under the Federal award subject to 37 CFR part 401. § 200.308 Revision of budget and program plans. (a) Approved budget in general. The approved budget for the Federal award summarizes the financial aspects of the project or program as approved during the Federal award process. It may include the Federal share and non-Federal share or only the Federal share, as determined by the Federal agency or pass- through entity. 486 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 86 (b) Deviations from approved budget. The recipient or subrecipient must report deviations from the approved budget, project or program scope, or objective(s) in accordance with § 200.329. The recipient or subrecipient must request prior approvals from the Federal agency or pass-through entity for budget and program plan revisions in accordance with this section. (c) Requesting approval for budget revisions. When requesting approval for budget revisions, the recipient or subrecipient must use the same format for budget information that was used in their application, except if the Federal agency has approved an alternative format. Alternative formats may include the use of electronic systems, email, or other agency-approved mechanisms that document the request. (d) Federal agency or pass-through entity review. The Federal agency or pass-through entity must review the request for budget or program plan revision and should notify the recipient or subrecipient whether the revisions have been approved within 30 days of receipt of the request. The Federal agency or pass-through entity must inform the recipient or subrecipient in writing when a decision can be expected if more than 30 days is required for a review. (e) Limitation on other prior approval requirements. Unless specified in this guidance, the Federal agency must not impose additional prior approval requirements without OMB approval. See also §§ 200.102 and 200.407. (f) Revisions Requiring Prior Approval. A recipient or subrecipient must request prior written approval from the Federal agency or pass-through entity for the following program and budget-related reasons: (1) Change in the scope or the objective of the project or program (even if there is no associated budget revision requiring prior written approval). (2) Change in key personnel (including employees and contractors) that are identified by name or position in the Federal award. (3) The disengagement from a project for more than three months, or a 25 percent reduction in time and effort devoted to the Federal award over the course of the period of performance, by the approved project director or principal investigator. (4) The inclusion, unless waived by the Federal agency, of costs that require prior approval in accordance with subpart E as applicable. (5) The transfer of funds budgeted for participant support costs to other budget categories. (6) Subaward activities not proposed in the application and approved in the Federal award. A change of subrecipient only requires prior approval if the Federal agency or pass-through entity includes the requirement in the terms and conditions of the Federal award. In general, a Federal agency or pass-through entity should not require prior approval of a change of subrecipient unless the inclusion was a determining factor in the merit review or eligibility process. This requirement does not apply to procurement transactions for goods and services. (7) Changes in the total approved cost-sharing amount. (8) The need arises for additional Federal funds to complete the project. Before providing approval, the Federal agency must ensure that adequate funds are available to avoid a violation of the Antideficiency Act. (9) Transferring funds between the construction and non-construction work under a Federal award. 487 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 87 (10) A no-cost extension (meaning, an extension of time that does not require the obligation of additional Federal funds) of the period of performance, other than any one-time extension authorized by the Federal agency in accordance with paragraph (g)(2). All requests for no-cost extensions should be submitted at least 10 calendar days before the conclusion of the period of performance. The Federal agency may approve multiple no-cost extensions under a Federal award if not prohibited by Federal statute or regulation. (g) Waiver of certain prior approvals. Except for the requirements listed in paragraphs (f)(1) through (10), the Federal agency is authorized to waive other cost-related and administrative prior written approval requirements contained in subparts D and E. Such waivers may include authorizing recipients to do one or more of the following: (1) Pre-award costs. Incur project costs 90 calendar days before the Federal award date. Expenses incurred more than 90 calendar days before the Federal award date require prior approval of the Federal agency. All costs incurred before the Federal award date are at the recipient's own risk (for example, the Federal agency is not required to reimburse such costs if the recipient does not receive the Federal award or if the Federal award is less than anticipated and inadequate to cover such costs). Pre-award costs must be charged to the initial budget period of the Federal award unless otherwise specified by the Federal agency. See also § 200.458. (2) One-time extensions. Initiate a one-time extension of the period of performance by up to 12 months unless one or more of the conditions outlined in paragraphs (g)(2)(i) through (iii) of this section apply. Prior approval is not required if a recipient is authorized in the terms and conditions of the Federal award to initiate a one-time extension. However, the recipient must notify the Federal agency in writing with the supporting justification and a revised period of performance at least 10 calendar days before the conclusion of the period of performance. A one-time extension may not be exercised for the sole purpose of using unobligated balances. This paragraph does not preclude the Federal agency from approving further no- cost extensions to the Federal award. One-time extensions require prior approval from the Federal agency when: (i) The terms and conditions of the Federal award prohibit the extension; (ii) The extension requires additional Federal funds; or (iii) The extension involves any change in the approved scope of the project. (3) Unobligated Balances. Carry forward unobligated balances to subsequent budget periods. (h) Prior approvals for research awards. The prior approval requirements for the actions described in paragraph (g) of this section are automatically waived for Federal awards that support research unless stipulated in the Federal agency's regulations or terms and conditions of the Federal award. However, one- time extensions require the Federal agency's prior approval when one of the conditions in paragraph (g)(2) of this section applies. (i) Transfer of funds. The Federal agency must not permit a transfer of funds that would cause any Federal appropriation to be used for purposes other than those consistent with the appropriation. The Federal agency may also, at its option, restrict the transfer of funds among direct cost categories (for example, personnel, travel, and supplies) or programs, functions, and activities when: (1) The Federal share of the Federal award exceeds the simplified acquisition threshold; and (2) The cumulative amount of a transfer exceeds or is expected to exceed 10 percent of the total budget, including cost share, as last approved by the Federal agency. § 200.309 Modifications to Period of Performance. 488 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 88 When the Federal agency or pass-through entity approves an extension to a Federal award, or if a recipient extends under § 200.308(g)(2), the period of performance will be amended to end at the completion of the extension. If termination occurs, the period of performance will be amended to end upon the effective date of termination. The start date of a renewal award begins a new and distinct period of performance. Property Standards § 200.310 Insurance coverage. The recipient or subrecipient must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property and equipment owned by the recipient or subrecipient. Insurance is not required for Federally owned property unless required by the terms and conditions of the Federal award. § 200.311 Real property. (a) Title. Subject to the requirements and conditions set forth in this section, title to real property acquired or improved under the Federal award will vest upon acquisition in the recipient or subrecipient. (b) Use. Except as otherwise provided by Federal statutes or the Federal agency, real property must be used for the originally authorized purpose as long as it is needed for that purpose. While the property is being used for the originally authorized purpose, the recipient or subrecipient must not dispose of or encumber its title or other interests except as provided by the Federal agency. Easements for utility, cable, and similar services that benefit the real property and are consistent with the authorized use are not considered an encumbrance. (c) Appraisals. When an appraisal of real property is required and obtained by the recipient or subrecipient, it must be conducted by an independent appraiser (for example, certified real property appraiser or General Services Administration representative) and certified by a responsible official of the recipient or subrecipient as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (42 U.S.C. 4601-4655) except as provided in the implementing regulations at 49 CFR part 24, “Uniform Relocation Assistance And Real Property Acquisition For Federal And Federally-Assisted Programs.” (d) Disposition. When real property is no longer needed for the originally authorized purpose, the recipient or subrecipient must obtain disposition instructions from the Federal agency or pass-through entity. The instructions must specify one of the following disposition methods: (1) Retain title after compensating the Federal agency. When the recipient or subrecipient retains title to the property, it must pay the Federal agency an amount calculated by multiplying the percentage of the Federal agency's contribution towards the original purchase (and costs of any improvements) by the current fair market value of the property. However, in situations where the recipient or subrecipient is disposing of real property acquired or improved with the Federal award and acquiring replacement real property under the same Federal award, the net proceeds from the disposition may be used as an offset to the cost of the replacement property. (2) Sell the property and compensate the Federal agency. When a recipient or subrecipient sells the property, it must pay the Federal agency an amount calculated by multiplying the percentage of the Federal agency's contribution towards the original purchase (and cost of any improvements) by the proceeds of the sale after deducting any actual and reasonable expenses paid to sell or fix up the property for sale. When the Federal award has not been closed out, the net proceeds from the sale may be offset against the original cost of the property. When directed to sell the property, the recipient or subrecipient must sell the property utilizing procedures that provide for competition to the extent practicable and that result in the highest possible return. 489 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 89 (3) Transfer title to the Federal agency or a third party designated/approved by the Federal agency. When a recipient or subrecipient transfers title to the property to a Federal agency or third party designated or approved by the Federal agency, the recipient or subrecipient is entitled to be paid an amount calculated by multiplying the percentage of the recipient's or subrecipient's contribution towards the original purchase of the real property (and cost of any improvements) by the current fair market value of the property. § 200.312 Federally owned and exempt property. (a) Title to Federally owned property remains vested in the Federal Government. The recipient or subrecipient must submit an inventory listing of Federally owned property in its custody to the Federal agency or pass-through entity on an annual basis. The recipient or subrecipient must request disposition instructions from the Federal agency or pass-through entity upon completion of the Federal award or when the property is no longer needed. (b) If the Federal agency has no further need for the property, it must declare the property excess and report it for disposal to the appropriate Federal disposal authority unless the Federal agency has statutory authority to dispose of the property by alternative methods (for example, the authority provided by the Federal Technology Transfer Act (15 U.S.C. 3710(i)). The Federal agency or pass-through entity must issue appropriate instructions to the recipient or subrecipient. (c) Exempt property means property acquired under the Federal award where the Federal agency has chosen to vest title to the property to the recipient or subrecipient without further responsibility to the Federal Government. The Federal agency may only exercise this option when permitted by Federal statute and set forth in the terms and conditions of the Federal award. Absent statutory authority and specific terms and conditions of the Federal award, the title to exempt property acquired under the Federal award remains with the Federal Government. § 200.313 Equipment. See also § 200.439. (a) Title. Title to equipment acquired under the Federal award will vest upon acquisition in the recipient or subrecipient subject to the conditions of this section. This title must be a conditional title unless a Federal statute specifically authorizes the Federal agency to vest title in the recipient or subrecipient without further responsibility to the Federal Government (and the Federal agency elects to do so). A conditional title means a clear title is withheld by the Federal agency until conditions and requirements specified in the terms and conditions of a Federal award have been fulfilled. Title for equipment vested in a recipient or subrecipient is subject to the following conditions: (1) Use the equipment for the authorized purposes of the project during the period of performance or until the property is no longer needed for the purposes of the project. (2) While the equipment is being used for the originally-authorized purpose, the recipient or subrecipient must not dispose of or encumber its title or other interests without the approval of the Federal agency or pass-through entity. (3) Use and dispose of the property in accordance with paragraphs (b), (c), and (e) of this section. (b) General. A State must use, manage and dispose of equipment acquired under a Federal award in accordance with State laws and procedures. Indian Tribes must use, manage, and dispose of equipment acquired under a Federal award in accordance with tribal laws and procedures. If such laws and procedures do not exist, Indian Tribes must follow the guidance in this section. Other recipients and subrecipients, including subrecipients of a State or Indian Tribe, must follow paragraphs (c) through (e) of this section. 490 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 90 (c) Use. (1) The recipient or subrecipient must use equipment for the project or program for which it was acquired and for as long as needed, whether or not the project or program continues to be supported by the Federal award. The recipient or subrecipient must not encumber the equipment without prior approval of the Federal agency or pass-through entity. The Federal agency may require the submission of the applicable common forms for reporting on equipment. When no longer needed for the original project or program, the equipment may be used in other activities in the following order of priority: (i) Activities under other Federal awards from the Federal agency that funded the original program or project; then (ii) Activities under Federal awards from other Federal agencies. These activities include consolidated equipment for information technology systems. (2) During the time that equipment is used on the project or program for which it was acquired, the recipient or subrecipient must also make the equipment available for use on other programs or projects supported by the Federal Government, provided that such use will not interfere with the purpose for which it was originally acquired. First preference for other use of the equipment must be given to other programs or projects supported by the Federal agency that financed the equipment. Second preference must be given to programs or projects under Federal awards from other Federal agencies. Use for non-federally-funded projects is also permissible, provided such use will not interfere with the purpose for which it was originally acquired. The recipient or subrecipient should consider charging user fees as appropriate. (3) Notwithstanding the encouragement in § 200.307 to earn program income, the recipient or subrecipient must not use equipment acquired with the Federal award to provide services for a fee that is less than a private company would charge for similar services unless specifically authorized by Federal statute. This restriction is effective as long as the Federal Government retains an interest in the equipment. (4) When acquiring replacement equipment, the recipient or subrecipient may either trade-in or sell the equipment and use the proceeds to offset the cost of the replacement equipment. (d) Management requirements. Regardless of whether equipment is acquired in part or its entirety under the Federal award, the recipient or subrecipient must manage equipment (including replacement equipment) utilizing procedures that meet the following requirements: (1) Property records must include a description of the property, a serial number or another identification number, the source of funding for the property (including the FAIN), the title holder, the acquisition date, the cost of the property, the percentage of the Federal agency contribution towards the original purchase, the location, use and condition of the property, and any disposition data including the date of disposal and sale price of the property. The recipient and subrecipient are responsible for maintaining and updating property records when there is a change in the status of the property. (2) A physical inventory of the property must be conducted, and the results must be reconciled with the property records at least once every two years. (3) A control system must be in place to ensure safeguards for preventing property loss, damage, or theft. Any loss, damage, or theft of equipment must be investigated. The recipient or subrecipient must notify the Federal agency or pass-through entity of any loss, damage, or theft of equipment that will have an impact on the program. (4) Regular maintenance procedures must be in place to ensure the property is in proper working condition. 491 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 91 (5) If the recipient or subrecipient is authorized or required to sell the property, proper sales procedures must be in place to ensure the highest possible return. (e) Disposition. When equipment acquired under a Federal award is no longer needed for the original project, program, or for other activities currently or previously supported by a Federal agency, the recipient or subrecipient must request disposition instructions from the Federal agency or pass-through entity if required by the terms and conditions of the Federal award. Disposition of the equipment will be made as follows, in accordance with Federal agency or pass-through entity disposition instructions: (1) Equipment with a current fair market value of $10,000 or less (per unit) may be retained, sold, or otherwise disposed of with no further responsibility to the Federal agency or pass-through entity. (2) Except as provided in § 200.312(b), or if the Federal agency or pass-through entity fails to provide requested disposition instructions within 120 days, items of equipment with a current fair market value in excess of $10,000 (per-unit) may be retained or sold by the recipient or subrecipient. However, the Federal agency is entitled to an amount calculated by multiplying the percentage of the Federal agency's contribution towards the original purchase by the current market value or proceeds from the sale. If the equipment is sold, the Federal agency or pass-through entity may permit the recipient or subrecipient to retain, from the Federal share, $1,000 of the proceeds to cover expenses associated with the selling and handling of the equipment. (3) The recipient or subrecipient may transfer title to the property to the Federal Government or to an eligible third party provided that the recipient or subrecipient must be entitled to compensation for its attributable percentage of the current fair market value of the property. (4) In cases where a recipient or subrecipient fails to take appropriate disposition actions, the Federal agency or pass-through entity may direct the recipient or subrecipient to take disposition actions. (f) Equipment retention. When included in the terms and conditions of the Federal award, the Federal agency may permit the recipient to retain equipment, or authorize a pass-through entity to permit the subrecipient to retain equipment, with no further obligation to the Federal Government unless prohibited by Federal statute or regulation. § 200.314 Supplies. See also § 200.453. (a) Title to supplies acquired under the Federal award will vest upon acquisition in the recipient or subrecipient. When there is a residual inventory of unused supplies exceeding $10,000 in aggregate value at the end of the period of performance, and the supplies are not needed for any other Federal award, the recipient or subrecipient may retain or sell the unused supplies. Unused supplies means supplies that are in new condition, not having been used or opened before. The aggregate value of unused supplies consists of all supply types, not just like-item supplies. The Federal agency or pass-through entity is entitled to compensation in an amount calculated by multiplying the percentage of the Federal agency's or pass- through entity's contribution towards the cost of the original purchase(s) by the current market value or proceeds from the sale. If the supplies are sold, the Federal agency or pass-through entity may permit the recipient or subrecipient to retain, from the Federal share, $1,000 of the proceeds to cover expenses associated with the selling and handling of the supplies. (b) Unless expressly authorized by Federal statute, the recipient or subrecipient must not use supplies acquired with the Federal award to provide services for a fee that is less than a private company would charge for similar services. This restriction is effective as long as the Federal Government retains an interest in the supplies or as authorized by Federal statute. 492 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 92 § 200.315 Intangible property. (a) Title to intangible property acquired under a Federal award vests upon acquisition in the recipient or subrecipient. The recipient or subrecipient must use that intangible property for the originally authorized purpose and must not encumber the property without the approval of the Federal agency or pass-through entity. When no longer needed for the originally authorized purpose, disposition of the intangible property must occur in accordance with the provisions in § 200.313(e). (b) To the extent permitted by law, the recipient or subrecipient may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under a Federal award. The Federal agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes and to authorize others to do so. This includes the right to require recipients and subrecipients to make such works available through agency-designated public access repositories. (c) The recipient or subrecipient is subject to applicable regulations governing patents and inventions, including government-wide regulations in 37 CFR part 401. (d) The Federal Government has the right to: (1) Obtain, reproduce, publish, or otherwise use the data produced under a Federal award; and (2) Authorize others to receive, reproduce, publish, or otherwise use the data for Federal purposes. (e) (1) The recipient or subrecipient must provide research data relating to published research findings produced under the Federal award and that were used by the Federal Government in developing an agency action that has the force and effect of law if requested by the Federal agency in response to a Freedom of Information Act (FOIA) request. When the Federal agency obtains the research data solely in response to a FOIA request, the Federal agency may charge the requester a fee for the cost of obtaining the research data. This fee should reflect the costs incurred by the Federal agency and the recipient or subrecipient. This fee is in addition to any fees the Federal agency may assess under the FOIA (5 U.S.C. 552(a)(4)(A)). (2) Published research findings mean: (i) Research findings published in a peer-reviewed scientific or technical journal; or (ii) Research findings publicly cited by a Federal agency in developing an agency action that has the force and effect of law. (3) Research data means the recorded factual material commonly accepted in the scientific community as necessary to validate research findings. Research data does not include any of the following: (i) Preliminary analyses, drafts of scientific papers, plans for future research, peer reviews, or communications with colleagues. This “recorded” material excludes physical objects (for example, laboratory samples). (ii) Trade secrets, commercial information, materials necessary to be held confidential by a researcher until they are published, or similar information which is protected under law; and (iii) Personnel, medical, and other personally identifiable information that, if disclosed, would constitute an invasion of personal privacy. Information that could identify a particular person in a research study is not considered research data. 493 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 93 (f) Federal agencies should work with recipients to maximize public access to Federally funded research results and data in a manner that protects data providers' confidentiality, privacy, and security. Agencies should provide guidance to recipients to make restricted-access data available through a variety of mechanisms. FOIA may not be the most appropriate mechanism for providing access to intangible property, including Federally funded research results and data. § 200.316 Property trust relationship. Real property, equipment, and intangible property acquired or improved with the Federal award must be held in trust by the recipient or subrecipient as trustee for the beneficiaries of the project or program under which the property was acquired or improved. The Federal agency or pass-through entity may require the recipient or subrecipient to record liens or other appropriate notices of record to indicate that personal or real property has been acquired or improved with a Federal award and that use and disposition conditions apply to the property. Procurement Standards § 200.317 Procurements by States and Indian Tribes. When conducting procurement transactions under a Federal award, a State or Indian Tribe must follow the same policies and procedures it uses for procurements with non-Federal funds. If such policies and procedures do not exist, States and Indian Tribes must follow the procurement standards in §§ 200.318 through 200.327. In addition to its own policies and procedures, a State or Indian Tribe must also comply with the following procurement standards: §§ 200.321, 200.322, 200.323, and 200.327. All other recipients and subrecipients, including subrecipients of a State or Indian Tribe, must follow the procurement standards in §§ 200.318 through 200.327. § 200.318 General procurement standards. (a) Documented procurement procedures. The recipient or subrecipient must maintain and use documented procedures for procurement transactions under a Federal award or subaward, including for acquisition of property or services. These documented procurement procedures must be consistent with State, local, and tribal laws and regulations and the standards identified in §§ 200.317 through 200.327. (b) Oversight of contractors. Recipients and subrecipients must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. See also § 200.501(h). (c) Conflicts of interest. (1) The recipient or subrecipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. No employee, officer, agent, or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by the Federal award. A conflict of interest includes when the employee, officer, agent, or board member, any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract. An employee, officer, agent, and board member of the recipient or subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. However, the recipient or subrecipient may set standards for situations where the financial interest is not substantial or a gift is an unsolicited item of nominal value. The recipient's or subrecipient's standards of conduct must also provide for disciplinary actions to be applied for violations by its employees, officers, agents, or board members. 494 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 94 (2) If the recipient or subrecipient has a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian Tribe, the recipient or subrecipient must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest mean that because of relationships with a parent company, affiliate, or subsidiary organization, the recipient or subrecipient is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. (d) Avoidance of unnecessary or duplicative items. The recipient's or subrecipient's procedures must avoid the acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. When appropriate, an analysis should be made between leasing and purchasing property or equipment to determine the most economical approach. (e) Procurement arrangements using strategic sourcing. When appropriate for the procurement or use of common or shared goods and services, recipients and subrecipients are encouraged to enter into State and local intergovernmental agreements or inter-entity agreements for procurement transactions. These or similar procurement arrangements using strategic sourcing may foster greater economy and efficiency. Documented procurement actions of this type (using strategic sourcing, shared services, and other similar procurement arrangements) will meet the competition requirements of this part. (f) Use of excess and surplus Federal property. The recipient or subrecipient is encouraged to use excess and surplus Federal property instead of purchasing new equipment and property when it is feasible and reduces project costs. (g) Use of value engineering clauses. When practical, the recipient or subrecipient is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering means analyzing each contract item or task to ensure its essential function is provided at the overall lowest cost. (h) Responsible contractors. The recipient or subrecipient must award contracts only to responsible contractors that possess the ability to perform successfully under the terms and conditions of a proposed contract. The recipient or subrecipient must consider contractor integrity, public policy compliance, proper classification of employees (see the Fair Labor Standards Act, 29 U.S.C. 201, chapter 8), past performance record, and financial and technical resources when conducting a procurement transaction. See also § 200.214. (i) Procurement records. The recipient or subrecipient must maintain records sufficient to detail the history of each procurement transaction. These records must include the rationale for the procurement method, contract type selection, contractor selection or rejection, and the basis for the contract price. (j) Time-and-materials type contracts. (1) The recipient or subrecipient may use a time-and-materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time-and-materials type contract means a contract whose cost to a recipient or subrecipient is the sum of: (i) The actual cost of materials; and (ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. (2) Because this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract 495 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 95 must set a ceiling price that the contractor exceeds at its own risk. Further, the recipient or subrecipient awarding such a contract must assert a high degree of oversight to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. (k) Settlement of contractual and administrative issues. The recipient or subrecipient is responsible for the settlement of all contractual and administrative issues arising out of its procurement transactions. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the recipient or subrecipient of any contractual responsibilities under its contracts. The Federal agency will not substitute its judgment for that of the recipient or subrecipient unless the matter is primarily a Federal concern. The recipient or subrecipient must report violations of law to the Federal, State, or local authority with proper jurisdiction. (l) Examples of labor and employment practices. (1) The procurement standards in this subpart do not prohibit recipients or subrecipients from: (i) Using Project Labor Agreements (PLAs) or similar forms of pre-hire collective bargaining agreements; (ii) Requiring construction contractors to use hiring preferences or goals for people residing in high-poverty areas, disadvantaged communities as defined by the Justice40 Initiative (see OMB Memorandum M-21- 28), or high-unemployment census tracts within a region no smaller than the county where a federally funded construction project is located. The hiring preferences or goals should be consistent with the policies and procedures of the recipient or subrecipient, and must not prohibit interstate hiring; (iii) Requiring a contractor to use hiring preferences or goals for individuals with barriers to employment (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)), including women and people from underserved communities as defined by Executive Order 14091; (iv) Using agreements intended to ensure uninterrupted delivery of services; using agreements intended to ensure community benefits; or (v) Offering employees of a predecessor contractor rights of first refusal under a new contract. (2) Recipients and subrecipients may use the practices listed in paragraph (1) if consistent with the U.S. Constitution, applicable Federal statutes and regulations, the objectives and purposes of the applicable Federal financial assistance program, and other requirements of this part. § 200.319 Competition. (a) All procurement transactions under the Federal award must be conducted in a manner that provides full and open competition and is consistent with the standards of this section and § 200.320. (b) To ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids must be excluded from competing on those procurements. (c) Examples of situations that may restrict competition include, but are not limited to: (1) Placing unreasonable requirements on firms for them to qualify to do business; (2) Requiring unnecessary experience and excessive bonding; (3) Noncompetitive pricing practices between firms or between affiliated companies; 496 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 96 (4) Noncompetitive contracts to consultants that are on retainer contracts; (5) Organizational conflicts of interest; (6) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and (7) Any arbitrary action in the procurement process. (d) The recipient or subrecipient must have written procedures for procurement transactions. These procedures must ensure that all solicitations: (1) Are made in accordance with § 200.319(b); (2) Incorporate a clear and accurate description of the technical requirements for the property, equipment, or service being procured. The description may include a statement of the qualitative nature of the property, equipment, or service to be procured. When necessary, the description must provide minimum essential characteristics and standards to which the property, equipment, or service must conform. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to clearly and accurately describe the technical requirements, a “brand name or equivalent” description of features may be used to provide procurement requirements. The specific features of the named brand must be clearly stated; and (3) Identify any additional requirements which the offerors must fulfill and all other factors that will be used in evaluating bids or proposals. (e) The recipient or subrecipient must ensure that all prequalified lists of persons, firms, or products used in procurement transactions are current and include enough qualified sources to ensure maximum open competition. When establishing or amending prequalified lists, the recipient or subrecipient must consider objective factors that evaluate price and cost to maximize competition. The recipient or subrecipient must not preclude potential bidders from qualifying during the solicitation period. (f) To the extent consistent with established practices and legal requirements applicable to the recipient or subrecipient, this subpart does not prohibit recipients or subrecipients from developing written procedures for procurement transactions that incorporate a scoring mechanism that rewards bidders that commit to specific numbers and types of U.S. jobs, minimum compensation, benefits, on-the-job-training for employees making work products or providing services on a contract, and other worker protections. This subpart also does not prohibit recipients and subrecipients from making inquiries of bidders about these subjects and assessing the responses. Any scoring mechanism must be consistent with the U.S. Constitution, applicable Federal statutes and regulations, and the terms and conditions of the Federal award. (g) Noncompetitive procurements can only be awarded in accordance with § 200.320(c). § 200.320 Procurement methods. There are three types of procurement methods described in this section: informal procurement methods (for micro-purchases and simplified acquisitions); formal procurement methods (through sealed bids or proposals); and noncompetitive procurement methods. For any of these methods, the recipient or subrecipient must maintain and use documented procurement procedures, consistent with the standards of this section and §§ 200.317, 200.318, and 200.319. (a) Informal procurement methods for small purchases. These procurement methods expedite the completion of transactions, minimize administrative burdens, and reduce costs. Informal procurement 497 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 97 methods may be used when the value of the procurement transaction under the Federal award does not exceed the simplified acquisition threshold as defined in § 200.1. Recipients and subrecipients may also establish a lower threshold. Informal procurement methods include: (1) Micro-purchases — (i) Distribution. The aggregate amount of the procurement transaction does not exceed the micro-purchase threshold defined in § 200.1. To the extent practicable, the recipient or subrecipient should distribute micro- purchases equitably among qualified suppliers. (ii) Micro-purchase awards. Micro-purchases may be awarded without soliciting competitive price or rate quotations if the recipient or subrecipient considers the price reasonable based on research, experience, purchase history, or other information; and maintains documents to support its conclusion. Purchase cards may be used as a method of payment for micro-purchases. (iii) Micro-purchase thresholds. The recipient or subrecipient is responsible for determining and documenting an appropriate micro-purchase threshold based on internal controls, an evaluation of risk, and its documented procurement procedures. The micro-purchase threshold used by the recipient or subrecipient must be authorized or not prohibited under State, local, or tribal laws or regulations. The recipient or subrecipient may establish a threshold higher than the Federal threshold established in the Federal Acquisition Regulations (FAR) in accordance with paragraphs (a)(1)(iv) and (v) of this section. (iv) Recipient or subrecipient increase to the micro-purchase threshold up to $50,000. The recipient or subrecipient may establish a threshold higher than the micro-purchase threshold identified in the FAR in accordance with the requirements of this section. The recipient or subrecipient may self-certify a threshold up to $50,000 on an annual basis and must maintain documentation to be made available to the Federal agency or pass-through entity and auditors in accordance with § 200.334. The self-certification must include a justification, clear identification of the threshold, and supporting documentation of any of the following: (A) A qualification as a low-risk auditee, in accordance with the criteria in § 200.520 for the most recent audit; (B) An annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or, (C) For public institutions, a higher threshold is consistent with State law. (v) Recipient or subrecipient increase to the micro-purchase threshold over $50,000. Micro-purchase thresholds higher than $50,000 must be approved by the cognizant agency for indirect costs. The recipient or subrecipient must submit a request that includes the requirements in paragraph (a)(1)(iv) of this section. The increased threshold is valid until any factor that was relied on in the establishment and rationale of the threshold changes. (2) Simplified acquisitions — (i) Simplified acquisition procedures. The aggregate dollar amount of the procurement transaction is higher than the micro-purchase threshold but does not exceed the simplified acquisition threshold. If simplified acquisition procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. Unless specified by the Federal agency, the recipient or subrecipient may exercise judgment in determining what number is adequate. (ii) Simplified acquisition thresholds. The recipient or subrecipient is responsible for determining an appropriate simplified acquisition threshold based on internal controls, an evaluation of risk, and its documented procurement procedures, which may be lower than, but must not exceed, the threshold established in the FAR. 498 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 98 (b) Formal procurement methods. Formal procurement methods are required when the value of the procurement transaction under a Federal award exceeds the simplified acquisition threshold of the recipient or subrecipient. Formal procurement methods are competitive and require public notice. The following formal methods of procurement are used for procurement transactions above the simplified acquisition threshold determined by the recipient or subrecipient in accordance with paragraph (a)(2)(ii) of this section: (1) Sealed bids. This is a procurement method in which bids are publicly solicited through an invitation and a firm fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid conforms with all the material terms and conditions of the invitation and is the lowest in price. The sealed bids procurement method is preferred for procuring construction services. (i) For sealed bidding to be feasible, the following conditions should be present: (A) A complete, adequate, and realistic specification or purchase description is available; (B) Two or more responsible bidders have been identified as willing and able to compete effectively for the business; and (C) The procurement lends itself to a firm-fixed-price contract, and the selection of the successful bidder can be made principally based on price. (ii) If sealed bids are used, the following requirements apply: (A) Bids must be solicited from an adequate number of qualified sources, providing them with sufficient response time prior to the date set for opening the bids. Unless specified by the Federal agency, the recipient or subrecipient may exercise judgment in determining what number is adequate. For local governments, the invitation for bids must be publicly advertised. (B) The invitation for bids must define the items or services with specific information, including any required specifications, for the bidder to properly respond; (C) All bids will be opened at the time and place prescribed in the invitation for bids. For local governments, the bids must be opened publicly. (D) A firm-fixed-price contract is awarded in writing to the lowest responsive bid and responsible bidder. When specified in the invitation for bids, factors such as discounts, transportation cost, and life-cycle costs must be considered in determining which bid is the lowest. Payment discounts must only be used to determine the low bid when the recipient or subrecipient determines they are a valid factor based on prior experience. (E) The recipient or subrecipient must document and provide a justification for all bids it rejects. (2) Proposals. This is a procurement method used when conditions are not appropriate for using sealed bids. This procurement method may result in either a fixed-price or cost-reimbursement contract. They are awarded in accordance with the following requirements: (i) Requests for proposals require public notice, and all evaluation factors and their relative importance must be identified. Proposals must be solicited from multiple qualified entities. To the maximum extent practicable, any proposals submitted in response to the public notice must be considered. (ii) The recipient or subrecipient must have written procedures for conducting technical evaluations and making selections. 499 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 99 (iii) Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the recipient or subrecipient considering price and other factors; and (iv) The recipient or subrecipient may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby the offeror's qualifications are evaluated, and the most qualified offeror is selected, subject to negotiation of fair and reasonable compensation. The method, where the price is not used as a selection factor, can only be used to procure architectural/engineering (A/E) professional services. The method may not be used to purchase other services provided by A/E firms that are a potential source to perform the proposed effort. (c) Noncompetitive procurement. There are specific circumstances in which the recipient or subrecipient may use a noncompetitive procurement method. The noncompetitive procurement method may only be used if one of the following circumstances applies: (1) The aggregate amount of the procurement transaction does not exceed the micro-purchase threshold (see paragraph (a)(1) of this section); (2) The procurement transaction can only be fulfilled by a single source; (3) The public exigency or emergency for the requirement will not permit a delay resulting from providing public notice of a competitive solicitation; (4) The recipient or subrecipient requests in writing to use a noncompetitive procurement method, and the Federal agency or pass-through entity provides written approval; or (5) After soliciting several sources, competition is determined inadequate. § 200.321 Contracting with small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms. (a) When possible, the recipient or subrecipient should ensure that small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms (See U.S. Department of Labor's list) are considered as set forth below. (b) Such consideration means: (1) These business types are included on solicitation lists; (2) These business types are solicited whenever they are deemed eligible as potential sources; (3) Dividing procurement transactions into separate procurements to permit maximum participation by these business types; (4) Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date of each month) that encourage participation by these business types; (5) Utilizing organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring a contractor under a Federal award to apply this section to subcontracts. § 200.322 Domestic preferences for procurements. 500 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 100 (a) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards, contracts, and purchase orders under Federal awards. (b) For purposes of this section: (1) “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. (2) “Manufactured products” means items 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. (c) Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184. § 200.323 Procurement of recovered materials. (a) A recipient or subrecipient that is a State agency or agency of a political subdivision of a State and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (b) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products. See Executive Order 14057, section 101, Policy. § 200.324 Contract cost and price. (a) The recipient or subrecipient must perform a cost or price analysis for every procurement transaction, including contract modifications, in excess of the simplified acquisition threshold. The method and degree of analysis conducted depend on the facts surrounding the particular procurement transaction. For example, the recipient or subrecipient should consider potential workforce impacts in their analysis if the procurement transaction will displace public sector employees. However, as a starting point, the recipient or subrecipient must make independent estimates before receiving bids or proposals. (b) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that the costs incurred or cost estimates included in negotiated prices would be allowable for the recipient or subrecipient under subpart E of this part. The recipient or subrecipient may reference its own cost principles as long as they comply with subpart E of this part. (c) The recipient or subrecipient must not use the “cost plus a percentage of cost” and “percentage of construction costs” methods of contracting. § 200.325 Federal agency or pass-through entity review. 501 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 101 (a) The Federal agency or pass-through entity may review the technical specifications of proposed procurements under the Federal award if the Federal agency or pass-through entity believes the review is needed to ensure that the item or service specified is the one being proposed for acquisition. The recipient or subrecipient must submit the technical specifications of proposed procurements when requested by the Federal agency or pass-through entity. This review should take place prior to the time the specifications are incorporated into a solicitation document. When the recipient or subrecipient desires to accomplish the review after a solicitation has been developed, the Federal agency or pass-through entity may still review the specifications. In those cases, the review should be limited to the technical aspects of the proposed purchase. (b) When requested, the recipient or subrecipient must provide procurement documents (such as requests for proposals, invitations for bids, or independent cost estimates) to the Federal agency or pass-through entity for pre-procurement review. The Federal agency or pass-through entity may conduct a pre- procurement review when: (1) The recipient's or subrecipient's procurement procedures or operation fails to comply with the procurement standards in this part; (2) The procurement is expected to exceed the simplified acquisition threshold and is to be awarded without competition, or only one bid is expected to be received in response to a solicitation; (3) The procurement is expected to exceed the simplified acquisition threshold and specifies a “brand name” product; (4) The procurement is expected to exceed the simplified acquisition threshold, and a sealed bid procurement is to be awarded to an entity other than the apparent low bidder; or (5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the simplified acquisition threshold. (c) The recipient or subrecipient is exempt from the pre-procurement review in paragraph (b) of this section if the Federal agency or pass-through entity determines that its procurement systems comply with the standards of this part. (1) The recipient or subrecipient may request that the Federal agency or pass-through entity review its procurement system to determine whether it meets these standards for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding and third-party contracts are awarded regularly. (2) The recipient or subrecipient may self-certify its procurement system. However, self-certification does not limit the Federal agency's or pass-through entity's right to review the system. Under a self-certification procedure, the Federal agency or pass-through entity may rely on written assurances from the recipient or subrecipient that it is complying with the standards of this part. The recipient or subrecipient must cite specific policies, procedures, regulations, or standards as complying with these requirements and have its system available for review. § 200.326 Bonding requirements. The Federal agency or pass-through entity may accept the recipient's or subrecipient's bonding policy and requirements for construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold. Before doing so, the Federal agency or pass-through entity must determine that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: 502 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 102 (a) A bid guarantee from each bidder equivalent to five percent of the bid price. The bid guarantee must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute any required contractual documents within the specified timeframe. (b) A performance bond on the contractor's part for 100 percent of the contract price. A performance bond is a bond executed in connection with a contract to secure the fulfillment of all the contractor's requirements under a contract. (c) A payment bond on the contractor's part for 100 percent of the contract price. A payment bond is a bond executed in connection with a contract to assure payment as required by the law of all persons supplying labor and material in the execution of the work provided for under a contract. § 200.327 Contract provisions. The recipient's or subrecipient's contracts must contain the applicable provisions described in Appendix II of this part. Performance and Financial Monitoring and Reporting § 200.328 Financial reporting. (a) The Federal agency must require only OMB-approved government-wide data elements on recipient financial reports. At the time of publication, this consists of the Federal Financial Report (SF-425); however, this also applies to any future OMB-approved government-wide data elements available from the OMB- designated standards lead. (b) The Federal agency or pass-through entity must collect financial reports no less than annually. The Federal agency or pass-through entity may not collect financial reports more frequently than quarterly unless a specific condition has been implemented in accordance with § 200.208. To the extent practicable, the Federal agency or pass-through entity should collect financial reports in coordination with performance reports. (c) The recipient or subrecipient must submit financial reports as required by the Federal award. Reports submitted annually by the recipient or subrecipient must be due no later than 90 calendar days after the reporting period. Reports submitted quarterly or semiannually must be due no later than 30 calendar days after the reporting period. (d) The final financial report submitted by the recipient must be due no later than 120 calendar days after the conclusion of the period of performance. A subrecipient must submit a final financial report to a pass- through entity no later than 90 calendar days after the conclusion of the period of performance. See also § 200.344. The Federal agency or pass-through entity may extend the due date for any financial report with justification from the recipient or subrecipient. § 200.329 Monitoring and reporting program performance. (a) Monitoring by the recipient and subrecipient. The recipient and subrecipient are responsible for the oversight of the Federal award. The recipient and subrecipient must monitor their activities under Federal awards to ensure they are compliant with all requirements and meeting performance expectations. Monitoring by the recipient and subrecipient must cover each program, function, or activity. See also § 200.332. (b) Reporting program performance. The Federal agency must use OMB-approved common information collections (for example, Research Performance Progress Reports) when requesting performance reporting 503 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 103 information. The Federal agency or pass-through entity may not collect performance reports more frequently than quarterly unless a specific condition has been implemented in accordance with § 200.208. To the extent practicable, the Federal agency or pass-through entity should align the due dates of performance reports and financial reports. When reporting program performance, the recipient or subrecipient must relate financial data and project or program accomplishments to the performance goals and objectives of the Federal award. Also, the recipient or subrecipient must provide cost information to demonstrate cost-effective practices (for example, through unit cost data) when required by the terms and conditions of the Federal award. In some instances (for example, discretionary research awards), this may be limited to the requirement to submit technical performance reports. Reporting requirements must clearly indicate a standard against which the recipient's or subrecipient's performance can be measured. Reporting requirements should not solicit information from the recipient or subrecipient that is not necessary for the effective monitoring or evaluation of the Federal award. Federal agencies should consult monitoring framework documents such as the agency's Evaluation Plan to make that determination. As noted in OMB Circular A-11, Part 6, Section 280, measures of customer experience are of co-equal importance as traditional measures of financial and operational performance. (c) Submitting performance reports. (1) The recipient or subrecipient must submit performance reports as required by the Federal award. Intervals must be no less frequent than annually nor more frequent than quarterly except if specific conditions are applied (See § 200.208). Reports submitted annually by the recipient or subrecipient must be due no later than 90 calendar days after the reporting period. Reports submitted quarterly or semiannually must be due no later than 30 calendar days after the reporting period. Alternatively, the Federal agency or pass-through entity may require annual reports before the anniversary dates of multiple- year Federal awards. The final performance report submitted by the recipient must be due no later than 120 calendar days after the period of performance. A subrecipient must submit a final performance report to a pass-through entity no later than 90 calendar days after the conclusion of the period of performance. See also § 200.344. The Federal agency or pass-through entity may extend the due date for any performance report with justification from the recipient or subrecipient. (2) As applicable, performance reports should contain information on the following: (i) A comparison of accomplishments to the objectives of the Federal award established for the reporting period (for example, comparing costs to units of accomplishment). Where performance trend data and analysis would be informative to the Federal agency program, the Federal agency should include this as a performance reporting requirement. (ii) Explanations on why established goals or objectives were not met; and (iii) Additional information, analysis, and explanation of cost overruns or higher-than-expected unit costs. (d) Construction performance reports. Federal agencies or pass-through entities rely on on-site technical inspections and certified percentage of completion data to monitor progress under Federal awards for construction. Therefore, the Federal agency or pass-through entity may require additional performance reports when necessary to ensure the goals and objectives of Federal awards are met. (e) Significant developments. When a significant development that could impact the Federal award occurs between performance reporting due dates, the recipient or subrecipient must notify the Federal agency or pass-through entity. Significant developments include events that enable meeting milestones and objectives sooner or at less cost than anticipated or that produce different beneficial results than originally planned. Significant developments also include problems, delays, or adverse conditions which will impact the recipient's or subrecipient's ability to meet milestones or the objectives of the Federal award. When significant developments occur that negatively impact the Federal Award, the recipient or subrecipient must include information on their plan for corrective action and any assistance needed to resolve the situation. 504 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 104 (f) Site visits. The Federal agency or pass-through entity may conduct in-person or virtual site visits as warranted. (g) Performance report requirement waiver. The Federal agency may waive any performance report that is not necessary to ensure the goals and objectives of the Federal award are being achieved. § 200.330 Reporting on real property. The Federal agency or pass-through entity must require the recipient or subrecipient to submit reports on the status of real property in which the Federal Government retains an interest. Such reports must be submitted at least annually. In instances where the Federal Government's interest in the real property extends for 15 years or more, the Federal agency or pass-through entity may require the recipient or subrecipient to report at various multi-year frequencies. Reports submitted at multi-year frequencies may not exceed a five-year reporting period. The Federal agency must only require OMB-approved government- wide data elements on recipient real property reports. Subrecipient Monitoring and Management § 200.331 Subrecipient and contractor determinations. An entity may concurrently receive Federal awards as a recipient, a subrecipient, and a contractor. The pass-through entity is responsible for making case-by-case determinations to determine whether the entity receiving Federal funds is a subrecipient or a contractor. The Federal agency may require the pass-through entity to comply with additional guidance to make these determinations, provided such guidance does not conflict with this section. The Federal agency does not have a direct legal relationship with subrecipients or contractors of any tier; however, the Federal agency is responsible for monitoring the pass-through entity's oversight of first-tier subrecipients. All of the characteristics listed below may not be present in all cases, and some characteristics from both categories may be present at the same time. No single factor or any combination of factors is necessarily determinative. The pass-through entity must use judgment in classifying each agreement as a subaward or a procurement contract. In making this determination, the substance of the relationship is more important than the form of the agreement. (a) Subrecipients. A subaward is for the purpose of carrying out a portion of the Federal award and creates a Federal financial assistance relationship with a subrecipient. See the definition of Subaward in § 200.1. Characteristics that support the classification of the entity as a subrecipient include, but are not limited to, when the entity: (1) Determines who is eligible to receive what Federal assistance; (2) Has its performance measured in relation to whether the objectives of a Federal program were met; (3) Has responsibility for programmatic decision-making; (4) Is responsible for adherence to applicable Federal program requirements specified in the Federal award; and (5) Implements a program for a public purpose specified in authorizing statute, as opposed to providing goods or services for the benefit of the pass-through entity. (b) Contractors. A contract is for the purpose of obtaining goods and services for the recipient's or subrecipient's use and creates a procurement relationship with a contractor. See the definition of contract in § 200.1. Characteristics that support a procurement relationship between the recipient or subrecipient and a contractor include, but are not limited to, when the contractor: 505 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 105 (1) Provides the goods and services within normal business operations; (2) Provides similar goods or services to many different purchasers; (3) Normally operates in a competitive environment; (4) Provides goods or services that are ancillary to the implementation of a Federal program; and (5) Is not subject to compliance requirements of a Federal program as a result of the agreement. However, similar requirements may apply for other reasons. § 200.332 Requirements for pass-through entities. A pass-through entity must: (a) Verify that the subrecipient is not excluded or disqualified in accordance with § 180.300. Verification methods are provided in § 180.300, which include confirming in SAM.gov that a potential subrecipient is not suspended, debarred, or otherwise excluded from receiving Federal funds. (b) Ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the information provided below. A pass-through entity must provide the best available information when some of the information below is unavailable. A pass-through entity must provide the unavailable information when it is obtained. Required information includes: (1) Federal award identification. (i) Subrecipient's name (must match the name associated with its unique entity identifier); (ii) Subrecipient's unique entity identifier; (iii) Federal Award Identification Number (FAIN); (iv) Federal Award Date; (v) Subaward Period of Performance Start and End Date; (vi) Subaward Budget Period Start and End Date; (vii) Amount of Federal Funds Obligated in the subaward; (viii) Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity, including the current financial obligation; (ix) Total Amount of the Federal Award committed to the subrecipient by the pass-through entity; (x) Federal award project description, as required by the Federal Funding Accountability and Transparency Act (FFATA); (xi) Name of the Federal agency, pass-through entity, and contact information for awarding official of the pass-through entity; 506 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 106 (xii) Assistance Listings title and number; the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listings Number at the time of disbursement; (xiii) Identification of whether the Federal award is for research and development; and (xiv) Indirect cost rate for the Federal award (including if the de minimis rate is used in accordance with § 200.414). (2) All requirements of the subaward, including requirements imposed by Federal statutes, regulations, and the terms and conditions of the Federal award; (3) Any additional requirements that the pass-through entity imposes on the subrecipient for the pass- through entity to meet its responsibilities under the Federal award. This includes information and certifications (see § 200.415) required for submitting financial and performance reports that the pass- through entity must provide to the Federal agency; (4) Indirect cost rate: (i) An approved indirect cost rate negotiated between the subrecipient and the Federal Government. If no approved rate exists, a pass-through entity must determine the appropriate rate in collaboration with the subrecipient. The indirect cost rate may be either: (A) An indirect cost rate negotiated between the pass-through entity and the subrecipient. These rates may be based on a prior negotiated rate between a different pass-through entity and the subrecipient, in which case the pass-through entity is not required to collect information justifying the rate but may elect to do so; or (B) The de minimis indirect cost rate. (ii) The pass-through entity must not require the use of the de minimis indirect cost rate if the subrecipient has an approved indirect cost rate negotiated with the Federal Government. Subrecipients may elect to use the cost allocation method to account for indirect costs in accordance with § 200.405(d). (5) A requirement that the subrecipient permit the pass-through entity and auditors to access the subrecipient's records and financial statements for the pass-through entity to fulfill its monitoring requirements; and (6) Appropriate terms and conditions concerning the closeout of the subaward. (c) Evaluate each subrecipient's fraud risk and risk of noncompliance with a subaward to determine the appropriate subrecipient monitoring described in paragraph (f) of this section. When evaluating a subrecipient's risk, a pass-through entity should consider the following: (1) The subrecipient's prior experience with the same or similar subawards; (2) The results of previous audits. This includes considering whether or not the subrecipient receives a Single Audit in accordance with subpart F and the extent to which the same or similar subawards have been audited as a major program; (3) Whether the subrecipient has new personnel or new or substantially changed systems; and (4) The extent and results of any Federal agency monitoring (for example, if the subrecipient also receives Federal awards directly from the Federal agency). 507 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 107 (d) If appropriate, consider implementing specific conditions in a subaward as described in § 200.208 and notify the Federal agency of the specific conditions. (e) Monitor the activities of a subrecipient as necessary to ensure that the subrecipient complies with Federal statutes, regulations, and the terms and conditions of the subaward. The pass-through entity is responsible for monitoring the overall performance of a subrecipient to ensure that the goals and objectives of the subaward are achieved. In monitoring a subrecipient, a pass-through entity must: (1) Review financial and performance reports. (2) Ensure that the subrecipient takes corrective action on all significant developments that negatively affect the subaward. Significant developments include Single Audit findings related to the subaward, other audit findings, site visits, and written notifications from a subrecipient of adverse conditions which will impact their ability to meet the milestones or the objectives of a subaward. When significant developments negatively impact the subaward, a subrecipient must provide the pass-through entity with information on their plan for corrective action and any assistance needed to resolve the situation. (3) Issue a management decision for audit findings pertaining only to the Federal award provided to the subrecipient from the pass-through entity as required by § 200.521. (4) Resolve audit findings specifically related to the subaward. However, the pass-through entity is not responsible for resolving cross-cutting audit findings that apply to the subaward and other Federal awards or subawards. If a subrecipient has a current Single Audit report and has not been excluded from receiving Federal funding (meaning, has not been debarred or suspended), the pass-through entity may rely on the subrecipient's cognizant agency for audit or oversight agency for audit to perform audit follow-up and make management decisions related to cross-cutting audit findings in accordance with section § 200.513(a)(4)(viii). Such reliance does not eliminate the responsibility of the pass -through entity to issue subawards that conform to agency and award-specific requirements, to manage risk through ongoing subaward monitoring, and to monitor the status of the findings that are specifically related to the subaward. (f) Depending upon the pass-through entity's assessment of the risk posed by the subrecipient (as described in paragraph (c) of this section), the following monitoring tools may be useful for the pass-through entity to ensure proper accountability and compliance with program requirements and achievement of performance goals: (1) Providing subrecipients with training and technical assistance on program-related matters; (2) Performing site visits to review the subrecipient's program operations; and (3) Arranging for agreed-upon-procedures engagements as described in § 200.425. (g) Verify that a subrecipient is audited as required by subpart F of this part. (h) Consider whether the results of a subrecipient's audit, site visits, or other monitoring necessitate adjustments to the pass-through entity's records. (i) Consider taking enforcement action against noncompliant subrecipients as described in § 200.339 and in program regulations. § 200.333 Fixed amount subawards. With prior written approval from the Federal agency, the recipient may provide subawards based on fixed amounts up to $500,000. Fixed amount subawards must meet the requirements of § 200.201. 508 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 108 Record Retention and Access § 200.334 Record retention requirements. The recipient and subrecipient must retain all Federal award records for three years from the date of submission of their final financial report. For awards that are renewed quarterly or annually, the recipient and subrecipient must retain records for three years from the date of submission of their quarterly or annual financial report, respectively. Records to be retained include but are not limited to, financial records, supporting documentation, and statistical records. Federal agencies or pass-through entities may not impose any other record retention requirements except for the following: (a) The records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken if any litigation, claim, or audit is started before the expiration of the three- year period. (b) When the recipient or subrecipient is notified in writing by the Federal agency or pass-through entity, cognizant agency for audit, oversight agency for audit, or cognizant agency for indirect costs to extend the retention period. (c) The records for property and equipment acquired with the support of Federal funds must be retained for three years after final disposition. (d) The three-year retention requirement does not apply to the recipient or subrecipient when records are transferred to or maintained by the Federal agency. (e) The records for program income earned after the period of performance must be retained for three years from the end of the recipient's or subrecipient's fiscal year in which the program income is earned. This only applies if the Federal agency or pass-through entity requires the recipient or subrecipient to report on program income earned after the period of performance in the terms and conditions of the Federal award. (f) The records for indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates) must be retained according to the applicable option below: (1) If submitted for negotiation. When a proposal, plan, or other computation must be submitted to the Federal Government to form the basis for negotiation of an indirect cost rate (or other standard rates), then the three-year retention period for its supporting records starts from the date of submission. (2) If not submitted for negotiation. When a proposal, plan, or other computation is not required to be submitted to the Federal Government to form the basis for negotiation of an indirect cost rate (or other standard rates), then the three-year retention period for its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. § 200.335 Requests for transfer of records. The Federal agency must request the transfer of records to its custody from the recipient or subrecipient when it determines that the records possess long-term retention value. However, the Federal agency may arrange for the recipient or subrecipient to retain the records that have long-term retention value so long as they are continuously available to the Federal Government. § 200.336 Methods for collection, transmission, and storage of information. 509 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 109 When practicable, the Federal agency or pass-through entity and the recipient or subrecipient must collect, transmit, and store Federal award information in open and machine-readable formats. A machine-readable format is a format in a standard computer language (not English text) that can be read automatically by a computer system. Upon request, the Federal agency or pass-through entity must always provide or accept paper versions of Federal award information to and from the recipient or subrecipient. The Federal agency or pass-through entity must not require additional copies of Federal award information submitted in paper versions. The recipient or subrecipient does not need to create and retain paper copies when original records are electronic and cannot be altered. In addition, the recipient or subrecipient may substitute electronic versions of original paper records through duplication or other forms of electronic conversion, provided that the procedures are subject to periodic quality control reviews. Quality control reviews must ensure that electronic conversion procedures provide safeguards against the alteration of records and assurance that records remain in a format that is readable by a computer system. § 200.337 Access to records. (a) Records of recipients and subrecipients. The Federal agency or pass-through entity, Inspectors General, the Comptroller General of the United States, or any of their authorized representatives must have the right of access to any records of the recipient or subrecipient pertinent to the Federal award to perform audits, execute site visits, or for any other official use. This right also includes timely and reasonable access to the recipient's or subrecipient's personnel for the purpose of interview and discussion related to such documents or the Federal award in general. (b) Extraordinary and rare circumstances. The recipient or subrecipient and Federal agency or pass- through entity must take measures to protect the name of victims of a crime when access to the victim's name is necessary. Only under extraordinary and rare circumstances would such access include a review of the true name of victims of a crime. Routine monitoring cannot be considered extraordinary and rare circumstances that would necessitate access to this information. Any such access, other than under a court order or subpoena pursuant to a bona fide confidential investigation, must be approved by the head or delegate of the Federal agency. (c) Expiration of right of access. The Federal agency's or pass-through entity's rights of access are not limited to the required retention period of this part but last as long as the records are retained. Federal agencies or pass-through entities must not impose any other access requirements upon recipients and subrecipients. § 200.338 Restrictions on public access to records. Federal agencies may not place restrictions on the recipient or subrecipient that limit public access to the records of the recipient or subrecipient pertinent to a Federal award, except for protected personally identifiable information (PII) or other sensitive information when the Federal agency can demonstrate that such records will be kept confidential and would have been exempted from disclosure pursuant to the Freedom of Information Act (5 U.S.C. 552) or controlled unclassified information pursuant to Executive Order 13556 if the records had belonged to the Federal agency. The Freedom of Information Act (5 U.S.C. 552) (FOIA) does not apply to records that remain under the recipient's or subrecipient's control except as required by § 200.315. Unless required by Federal, State, local, or tribal law, recipients and subrecipients are not required to permit public access to their records. The recipient's or subrecipient's records provided to a Federal agency generally will be subject to FOIA and applicable exemptions. Remedies for Noncompliance § 200.339 Remedies for noncompliance. The Federal agency or pass-through entity may implement specific conditions if the recipient or subrecipient fails to comply with the U.S. Constitution, Federal statutes, regulations, or terms and conditions of the Federal award. See § 200.208 for additional information on specific conditions. When the Federal agency 510 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 110 or pass-through entity determines that noncompliance cannot be remedied by imposing specific conditions, the Federal agency or pass-through entity may take one or more of the following actions: (a) Temporarily withhold payments until the recipient or subrecipient takes corrective action. (b) Disallow costs for all or part of the activity associated with the noncompliance of the recipient or subrecipient. (c) Suspend or terminate the Federal award in part or in its entirety. (d) Initiate suspension or debarment proceedings as authorized in 2 CFR part 180 and the Federal agency's regulations, or for pass-through entities, recommend suspension or debarment proceedings be initiated by the Federal agency. (e) Withhold further Federal funds (new awards or continuation funding) for the project or program. (f) Pursue other legally available remedies. § 200.340 Termination. (a) The Federal award may be terminated in part or its entirety as follows: (1) By the Federal agency or pass-through entity if the recipient or subrecipient fails to comply with the terms and conditions of the Federal award; (2) By the Federal agency or pass-through entity with the consent of the recipient or subrecipient, in which case the two parties must agree upon the termination conditions. These conditions include the effective date and, in the case of partial termination, the portion to be terminated; (3) By the recipient or subrecipient upon sending the Federal agency or pass-through entity a written notification of the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal agency or pass-through entity determines that the remaining portion of the Federal award will not accomplish the purposes for which the Federal award was made, the Federal agency or pass-through entity may terminate the Federal award in its entirety; or (4) By the Federal agency or pass-through entity pursuant to the terms and conditions of the Federal award, including, to the extent authorized by law, if an award no longer effectuates the program goals or agency priorities. (b) The Federal agency or pass-through entity must clearly and unambiguously specify all termination provisions in the terms and conditions of the Federal award. (c) When the Federal agency terminates the Federal award prior to the end of the period of performance due to the recipient's material failure to comply with the terms and conditions of the Federal award, the Federal agency must report the termination in SAM.gov. A Federal agency must use the Contractor Performance Assessment Reporting System (CPARS) to enter information in SAM.gov. (1) The information required under paragraph (c) of this section is not to be reported in SAM.gov until the recipient has either: (i) Exhausted its opportunities to object or challenge the decision (see § 200.342); or 511 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 111 (ii) Has not, within 30 calendar days after being notified of the termination, informed the Federal agency that it intends to appeal the decision to terminate. (2) If a Federal agency, after entering information about a termination in SAM.gov, subsequently: (i) Learns that any of that information is erroneous, the Federal agency must correct the information in the system within three business days; (ii) Obtains an update to that information that could be helpful to other Federal agencies, the Federal agency is strongly encouraged to amend the information in the system to incorporate the update in a timely way. (3) The Federal agency must not post any information that will be made publicly available in the non-public segment of SAM.gov that is covered by a disclosure exemption under the Freedom of Information Act (FOIA). When the recipient asserts within seven calendar days to the Federal agency which posted the information that a disclosure exemption under FOIA covers some of the information made publicly available, the Federal agency that posted the information must remove the posting within seven calendar days of receiving the assertion. Before reposting the releasable information, the Federal agency must resolve the issue in accordance with the agency's FOIA procedures. (d) When the Federal award is terminated in part or its entirety, the Federal agency or pass-through entity and recipient or subrecipient remain responsible for compliance with the requirements in §§ 200.344 and 200.345. § 200.341 Notification of termination requirement. (a) The Federal agency or pass-through entity must provide written notice of termination to the recipient or subrecipient. The written notice of termination should include the reasons for termination, the effective date, and the portion of the Federal award to be terminated, if applicable. (b) If the Federal award is terminated for the recipient's material failure to comply with a Federal award, the notification must state the following: (1) The termination decision will be reported in SAM.gov; (2) The information will be available in SAM.gov for five years from the date of the termination and then archived; (3) Federal agencies that consider making a Federal award to the recipient during the five year period must consider this information in judging whether the recipient is qualified to receive the Federal award when the Federal share of the Federal award is expected to exceed the simplified acquisition threshold over the period of performance; (4) The recipient may comment on any information in SAM.gov about the recipient for future consideration by Federal agencies. The recipient may submit comments in SAM.gov. (5) Federal agencies should consider the recipient's comments when determining whether the recipient is qualified for a Federal award. (c) Upon termination of the Federal award, the Federal agency must provide the information required by the Federal Funding Accountability and Transparency Act (FFATA) to USAspending.gov. In addition, the Federal agency must update or notify any other relevant government-wide systems or entities of any indications of poor performance as required by 41 U.S.C. 2313 and 31 U.S.C. 3321. § 200.342 Opportunities to object, hearings, and appeals. 512 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 112 The Federal agency must maintain written procedures for processing objections, hearings, and appeals. Upon initiating a remedy for noncompliance (for example, disallowed costs, a corrective action plan, or termination), the Federal agency must provide the recipient with an opportunity to object and provide information challenging the action. The Federal agency or pass-through entity must comply with any requirements for hearings, appeals, or other administrative proceedings to which the recipient or subrecipient is entitled under any statute or regulation applicable to the action involved. § 200.343 Effects of suspension and termination. Costs to the recipient or subrecipient resulting from financial obligations incurred by the recipient or subrecipient during a suspension or after the termination of a Federal award are not allowable unless the Federal agency or pass-through entity expressly authorizes them in the notice of suspension or termination or subsequently. However, costs during suspension or after termination are allowable if: (a) The costs result from financial obligations which were properly incurred by the recipient or subrecipient before the effective date of suspension or termination, and not in anticipation of it; and (b) The costs would be allowable if the Federal award was not suspended or expired normally at the end of the period of performance in which the termination takes effect. Closeout § 200.344 Closeout. (a) The Federal agency or pass-through entity must close out the Federal award when it determines that all administrative actions and required work of the Federal award have been completed. When the recipient or subrecipient fails to complete the necessary administrative actions or the required work for an award, the Federal agency or pass-through entity must proceed with closeout based on the information available. This section specifies the administrative actions required at the end of the period of performance. (b) A recipient must submit all reports (financial, performance, and other reports required by the Federal award) no later than 120 calendar days after the conclusion of the period of performance. A subrecipient must submit all reports (financial, performance, and other reports required by a subaward) to the pass- through entity no later than 90 calendar days after the conclusion of the period of performance of the subaward (or an earlier date as agreed upon by the pass-through entity and subrecipient). When justified, the Federal agency or pass-through entity may approve extensions for the recipient or subrecipient. When the recipient does not have a final indirect cost rate covering the period of performance, a final financial report must still be submitted to fulfill the requirements of this section. The recipient must submit a revised final financial report when all applicable indirect cost rates have been finalized. (c) The recipient must liquidate all financial obligations incurred under the Federal award no later than 120 calendar days after the conclusion of the period of performance. A subrecipient must liquidate all financial obligations incurred under a subaward no later than 90 calendar days after the conclusion of the period of performance of the subaward (or an earlier date as agreed upon by the pass-through entity and subrecipient). When justified, the Federal agency or pass-through entity may approve extensions for the recipient or subrecipient. (d) The Federal agency or pass-through entity must not delay payments to the recipient or subrecipient for costs meeting the requirements of subpart E of this part. (e) The recipient or subrecipient must promptly refund any unobligated funds that the Federal agency or pass-through entity paid and that are not authorized to be retained. See OMB Circular A-129 and § 200.346. 513 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 113 (f) The Federal agency or pass-through entity must make all necessary adjustments to the Federal share of costs after closeout reports are received (for example, to reflect the disallowance of any costs or the deobligation of an unliquidated balance). (g) The recipient or subrecipient must account for any property acquired with Federal funds or received from the Federal Government in accordance with §§ 200.310 through 200.316 and 200.330. (h) The Federal agency must make every effort to complete all closeout actions no later than one year after the end of the period of performance. If the indirect cost rate has not been finalized and would delay closeout, the Federal agency is authorized to mutually agree with the recipient to close an award using the current or most recently negotiated rate. However, the recipient is not required to agree to a final rate for a Federal award for the purpose of prompt closeout. (i) If the recipient does not comply with the requirements of this section, including submitting all final reports, the Federal agency must report the recipient's material failure to comply with the terms and conditions of the Federal award in SAM.gov. A Federal agency must use the Contractor Performance Assessment Reporting System (CPARS) to enter or amend information in SAM.gov. Federal agencies may also pursue other enforcement actions as appropriate. See § 200.339. Post-Closeout Adjustments and Continuing Responsibilities § 200.345 Post-closeout adjustments and continuing responsibilities. (a) The closeout of the Federal award does not affect any of the following: (1) The right of the Federal agency or pass-through entity to disallow costs and recover funds on the basis of a later audit or review. However, the Federal agency or pass-through entity must make determinations to disallow costs and notify the recipient or subrecipient within the record retention period. (2) The recipient's or subrecipient's requirement to return funds or right to receive any remaining and available funds as a result of refunds, corrections, final indirect cost rate adjustments (unless the Federal award in closed in accordance with § 200.344(h)), or other transactions. (3) The ability of the Federal agency or pass-through entity to make financial adjustments to a previously closed Federal award, such as resolving indirect cost payments and making final payments. (4) Audit requirements in subpart F of this part. (5) Property management and disposition requirements in §§ 200.310 through 200.316. (6) Records retention as required in §§ 200.334 through 200.337. (b) After the closeout of the Federal award, a relationship created under the Federal award may be modified or ended in whole or in part. This may only be done with the consent of the awarding Federal agency or pass-through entity and the recipient or subrecipient, provided the responsibilities of the recipient or subrecipient referred to in paragraph (a) of this section, including those for property management as applicable, are considered and provisions are made for continuing responsibilities of the recipient or subrecipient, as appropriate. Collection of Amounts Due § 200.346 Collection of amounts due. 514 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 114 Any Federal funds paid to the recipient or subrecipient in excess of the amount that the recipient or subrecipient is determined to be entitled to under the Federal award constitute a debt to the Federal Government. The Federal agency must collect all debts arising out of its Federal awards in accordance with the Standards for the Administrative Collection of Claims (31 CFR part 901). Subpart E—Cost Principles General Provisions § 200.400 Policy guide. The application of these cost principles is based on the fundamental premises that: (a) The recipient and subrecipient are responsible for the efficient and effective administration of the Federal award through sound management practices. (b) The recipient and subrecipient are responsible for administering Federal funds in a manner consistent with Federal statutes, regulations, and the terms and conditions of the Federal award. (c) The recipient and subrecipient, in recognition of their unique combination of staff, facilities, and experience, are responsible for employing organization and management techniques necessary to ensure the proper and efficient administration of the Federal award. (d) The accounting practices of the recipient and subrecipient must be consistent with these cost principles and support the accumulation of costs as required by these cost principles, including maintaining adequate documentation to support costs charged to the Federal award. (e) When reviewing, negotiating, and approving cost allocation plans or indirect cost proposals, the cognizant agency for indirect costs should ensure that the recipient consistently applies these cost principles. Where wide variations exist in the treatment of a given cost item by the recipient, the reasonableness and equity of such treatments should be fully considered. See the definition of indirect costs in § 200.1. (f) For recipients and subrecipients that educate and engage students in research, the dual role of students as both trainees and employees (including pre- and post-doctoral staff) contributing to the completion of Federal awards for research must be recognized in the application of these principles. (g) The recipient or subrecipient must not earn or keep any profit resulting from Federal financial assistance unless explicitly authorized by the terms and conditions of the Federal award. See also § 200.307. When the required activities of a fixed amount award were completed in accordance with the terms and conditions of the award, the unexpended funds retained by the recipient or subrecipient are not considered profit. § 200.401 Application. (a) General. The recipient and subrecipient must apply these principles in determining allowable costs under Federal awards. The recipient and subrecipient must also use these principles as a guide in pricing fixed-price contracts and subcontracts when costs are used in determining the appropriate price. These cost principles do not apply to: (1) Arrangements under which Federal financing is in the form of loans, scholarships, fellowships, traineeships, or other fixed amounts based on items such as education allowance or published tuition rates and fees. (2) Capitation awards based on case counts or the number of beneficiaries. 515 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 115 (3) Fixed amount awards, except as provided in § 200.101(b). See also § 200.201. (4) Federal awards to hospitals (see Appendix IX of this part). (5) Food commodities provided through grants and cooperative agreements. (6) Other awards under which the recipient or subrecipient is not required to account for actual costs incurred. (b) Federal contract. A Federal contract awarded to a recipient is subject to the Cost Accounting Standards (CAS). It must incorporate the applicable CAS requirements per 48 CFR Chapter 99 and 48 CFR part 30 (FAR Part 30). With respect to the allocation of costs, the Cost Accounting Standards at 48 CFR parts 9904 or 9905 take precedence over the cost principles in subpart E. When a contract with a recipient is subject to full CAS coverage, the allowability of certain costs under the cost principles will be affected by the allocation provisions of the Cost Accounting Standards (for example, CAS 414—48 CFR 9904.414— Cost of Money as an Element of the Cost of Facilities Capital, and CAS 417—48 CFR 9904.417—Cost of Money as an Element of the Cost of Capital Assets Under Construction, apply instead of the allowability provisions of § 200.449). For example, the allowability of costs in CAS-covered contracts is determined first by the allocation provisions of the Cost Accounting Standards rather than the allowability provisions in § 200.449 (unless the CAS does not address the specific costs). In complying with those requirements, the recipient's application of cost accounting practices for estimating, accumulating, and reporting costs for Federal awards and CAS-covered contracts must be consistent with 48 CFR. The recipient only needs to maintain one set of accounting records supporting the allocation of costs if the recipient administers both Federal awards and CAS-covered contracts. (c) Exemptions. Some nonprofit organizations, because of their size and nature of operations, can be considered to be similar to for-profit organizations in terms of the applicability of cost principles. These nonprofit organizations must operate under Federal cost principles that apply to for-profit organizations located at 48 CFR 31.2. Appendix VIII contains a list of these nonprofit organizations. Other organizations may be added to this list if approved by the cognizant agency for indirect costs. Basic Considerations § 200.402 Composition of costs. The total cost of a Federal award is the sum of the allowable direct and allocable indirect costs minus any applicable credits § 200.403 Factors affecting allowability of costs. Except where otherwise authorized by statute, costs must meet the following criteria to be allowable under Federal awards: (a) Be necessary and reasonable for the performance of the Federal award and be allocable thereto under these principles. (b) Conform to any limitations or exclusions set forth in these principles or in the Federal award as to types or amount of cost items. (c) Be consistent with policies and procedures that apply uniformly to both federally financed and other activities of the recipient or subrecipient. 516 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 116 (d) Be accorded consistent treatment. For example, a cost must not be assigned to a Federal award as a direct cost if any other cost incurred for the same purpose in like circumstances has been allocated to the Federal award as an indirect cost. (e) Be determined in accordance with generally accepted accounting principles (GAAP), except, for State and local governments and Indian Tribes only, as otherwise provided for in this part. (f) Not be included as a cost or used to meet cost sharing requirements of any other federally-financed program in either the current or a prior period. See § 200.306(b). (g) Be adequately documented. See §§ 200.300 through 200.309. (h) Administrative closeout costs may be incurred until the due date of the final report(s). If incurred, these costs must be liquidated prior to the due date of the final report(s) and charged to the final budget period of the award unless otherwise specified by the Federal agency. All other costs must be incurred during the approved budget period. At its discretion, the Federal agency is authorized to waive prior written approvals to carry forward unobligated balances to subsequent budget periods. See § 200.308(g)(3). § 200.404 Reasonable costs. A cost is reasonable if it does not exceed an amount that a prudent person would incur under the circumstances prevailing when the decision was made to incur the cost. In determining the reasonableness of a given cost, consideration must be given to the following: (a) Whether the cost is generally recognized as ordinary and necessary for the recipient's or subrecipient's operation or the proper and efficient performance of the Federal award; (b) The restraints or requirements imposed by such factors as sound business practices; arm's-length bargaining; Federal, State, local, tribal, and other laws and regulations; and terms and conditions of the Federal award; (c) Market prices for comparable costs for the geographic area; (d) Whether the individuals concerned acted with prudence in the circumstances considering their responsibilities to the recipient or subrecipient, its employees, its students or membership (if applicable), the public at large, and the Federal Government; and (e) Whether the cost represents a deviation from the recipient's or subrecipient's established written policies and procedures for incurring costs. § 200.405 Allocable costs. (a) Allocable costs in general. A cost is allocable to a Federal award or other cost objective if the cost is assignable to that Federal award or other cost objective in accordance with the relative benefits received. This standard is met if the cost satisfies any of the following criteria: (1) Is incurred specifically for the Federal award; (2) Benefits both the Federal award and other work of the recipient or subrecipient and can be distributed in proportions that may be approximated using reasonable methods; or (3) Is necessary to the overall operation of the recipient or subrecipient and is assignable in part to the Federal award in accordance with these cost principles. 517 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 117 (b) Allocation of indirect costs. All activities which benefit from the recipient's or subrecipient's indirect cost, including unallowable activities and donated services by the recipient or subrecipient or third parties, will receive an appropriate allocation of indirect costs. (c) Limitation on charging certain allocable costs to other Federal awards. A cost allocable to a particular Federal award may not be charged to other Federal awards (for example, to overcome fund deficiencies or to avoid restrictions imposed by Federal statutes, regulations, or the terms and conditions of the Federal awards). However, this prohibition would not preclude the recipient or subrecipient from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal awards. (d) Direct cost allocation principles. If a cost benefits two or more projects or activities in proportions that can be determined without undue effort or cost, the cost must be allocated to the projects based on the proportional benefit However, when those proportions cannot be determined because of the interrelationship of the work involved, then, notwithstanding paragraph (c), the costs may be allocated or transferred to benefitted projects on any reasonable documented basis. Where the purchase of equipment or other capital asset is specifically authorized under a Federal award, the costs are assignable to the Federal award regardless of the use that may be made of the equipment or other capital asset involved, when no longer needed for the purpose for which it was originally required. See also §§ 200.310 through 200.316 and 200.439. (e) Costs of contracts subject to CAS. If a contract is subject to CAS, costs must be allocated to that contract according to the Cost Accounting Standards, which take precedence over the allocation provisions in this part. § 200.406 Applicable credits. (a) Applicable credits refer to transactions that offset or reduce direct or indirect costs allocable to a Federal award. Examples of such transactions are purchase discounts, rebates or allowances, recoveries or indemnities on losses, insurance refunds or rebates, and adjustments of overpayments or erroneous charges. To the extent that such credits accruing to or received by the recipient or subrecipient relate to allowable costs, they must be credited to the Federal award either as a cost reduction or cash refund, as appropriate. (b) In some instances, the amounts received from the Federal Government to finance activities or service operations of the recipient or subrecipient should be treated as applicable credits. Specifically, the concept of netting such credit items (including any amounts used to meet cost sharing requirements) must be recognized in determining the rates or amounts to be charged to the Federal award. See §§ 200.436 and 200.468 for potential application areas. § 200.407 Prior written approval (prior approval). The reasonableness and allocability of certain costs under Federal awards may be difficult to determine. To avoid subsequent disallowance or dispute based on unreasonableness or nonallocability, the recipient may seek the prior written approval of the Federal agency (or, for indirect costs, the cognizant agency for indirect costs) before incurring the cost. The absence of prior written approval on any element of cost will not, in itself, affect the reasonableness or allocability of that cost unless prior approval is specifically required for allowability as described under certain circumstances in the following sections: (a) Section 200.306 Cost sharing; (b) Section 200.307 Program income; (c) Section 200.308 Revision of budget and program plans; 518 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 118 (d) Section 200.333 Fixed amount subawards; (e) Section 200.430 Compensation—personal services, paragraph (h); (f) Section 200.431 Compensation—fringe benefits; (g) Section 200.439 Equipment and other capital expenditures; (h) Section 200.440 Exchange rates; (i) Section 200.441 Fines, penalties, damages and other settlements; (j) Section 200.442 Fund raising and investment management costs; (k) Section 200.445 Goods or services for personal use; (l) Section 200.447 Insurance and indemnification; (m) Section 200.455 Organization costs; (n) Section 200.458 Pre-award costs; (o) Section 200.462 Rearrangement and reconversion costs; (p) Section 200.475 Travel costs. § 200.408 Limitation on allowance of costs. Statutory requirements may limit the allowability of costs. Any costs that exceed the maximum amount allowed by statute may not be charged to the Federal award. Only the amount allowable by statute may be charged to the Federal award. § 200.409 Special considerations. Other sections in this part describe special considerations and requirements applicable to states, local governments, Indian Tribes, and IHEs. In addition, certain provisions among the items of cost in this subpart are only applicable to certain types of recipients and subrecipients, as specified in the following sections: (a) Direct and Indirect Costs (§§ 200.412-200.415); (b) Special Considerations for States, Local Governments and Indian Tribes (§§ 200.416 and 200.417); and (c) Special Considerations for Institutions of Higher Education (§§ 200.418 and 200.419). § 200.410 Collection of unallowable costs. Payments made for costs determined to be unallowable by either the awarding Federal agency, cognizant agency for indirect costs, or pass-through entity must be refunded with interest to the Federal Government. Unless directed by Federal statute or regulation, repayments must be made in accordance with the instructions provided by the Federal agency or pass-through entity that made the allowability determination. See §§ 200.300 through 200.309, and § 200.346. 519 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 119 § 200.411 Adjustment of previously negotiated indirect cost rates containing unallowable costs. (a) Negotiated indirect cost rates based on a proposal later found to have included costs that: (1) Are unallowable as specified by Federal statutes, regulations or the terms and conditions of a Federal award; or (2) Are unallowable because they are not allocable to the Federal award(s), must be adjusted, or a refund must be made in accordance with the requirements of this section. These adjustments or refunds are intended to correct the proposals used to establish the rates and do not constitute a reopening of the rate negotiation. The adjustments or refunds must be made regardless of the type of rate negotiated (predetermined, final, fixed, or provisional). (b) For rates covering a future fiscal year of the recipient or subrecipient, the unallowable costs must be removed from the indirect cost pools and the rates must be adjusted. (c) For rates covering a past period, the Federal share of the unallowable costs must be computed for each year involved, and a cash refund (including interest) must be made to the Federal Government in accordance with the directions provided by the cognizant agency for indirect costs. When cash refunds are made for past periods covered by provisional or fixed rates, appropriate adjustments must be made when the rates are finalized to avoid duplicate recovery of the unallowable costs. (d) For rates covering the current period, either a rate adjustment or a refund, as described in paragraphs (b) and (c) of this section, must be required by the cognizant agency for indirect costs. The choice of method must be at the discretion of the cognizant agency for indirect costs, based on its judgment as to which method would be most practical. (e) The amount or proportion of unallowable costs included in each year's rate will be assumed to be the same as the amount or proportion of unallowable costs included in the base year proposal used to establish the rate. Direct and Indirect Costs § 200.412 Classification of costs. There is no universal rule for classifying certain costs as direct or indirect costs. A cost may be direct for some specific service or function but indirect for the Federal award or other final cost objective. Therefore, each cost incurred for the same purpose in like circumstances must be treated consistently either as a direct or an indirect cost to avoid possible double-charging of Federal awards. Guidelines for determining direct and indirect costs charged to Federal awards are provided in this subpart. § 200.413 Direct costs. (a) General. Direct costs are those costs that can be identified specifically with a particular final cost objective, such as a Federal award, or other internally or externally funded activity, or that can be directly assigned to such activities relatively easily with a high degree of accuracy. Costs incurred for the same purpose in like circumstances must be treated consistently as direct or indirect costs. See § 200.405. (b) Application to Federal awards. The association of costs with a Federal award determines whether costs are direct or indirect. Costs charged directly to a Federal award are typically incurred specifically for that Federal award (including, for example, supplies needed to achieve the award's objectives and the proportion of employee compensation and fringe benefits expended in relation to that specific award). Costs that otherwise would be treated as indirect costs may also be considered direct costs if they are directly related to a specific award (including, for example, extraordinary utility consumption, the cost of materials 520 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 120 supplied from stock or services rendered by specialized facilities, cybersecurity, integrated data systems, asset management systems, performance management costs, program evaluation costs, or other institutional service operations). (c) Administrative and clerical staff salaries. Administrative and clerical staff salaries should normally be treated as indirect costs. Direct charging of these costs may be appropriate only if they meet all of the following conditions: (1) The administrative or clerical services are integral to a Federal award; (2) Individuals involved can be specifically identified with a Federal award; and (3) The costs are not also recovered as indirect costs. (d) Minor items. A direct cost of a minor amount may be treated as an indirect cost, for reasons of practicality, provided that it is treated consistently for all Federal and non-Federal purposes. (e) Treatment of unallowable costs in determining indirect cost rates. The costs of certain activities are not allowable as charges to Federal awards. Even though these costs are unallowable, they must be treated as direct costs for purposes of determining indirect cost rates and be allocated their equitable share of the recipient's or subrecipient's indirect costs if they represent activities which: (1) Include the salaries of personnel; (2) Occupy space; and (3) Benefit from the recipient's or subrecipient's indirect costs. (f) Treatment of certain costs for nonprofit organizations. For nonprofit organizations, the costs of activities performed by the nonprofit organization primarily as a service to members, clients, or the general public when significant and necessary to the organization's mission must be treated as direct costs whether or not allowable, and be allocated an equitable share of indirect costs. Some examples of these types of activities include: (1) Maintenance of membership rolls, subscriptions, publications, and related functions. See § 200.454. (2) Providing services and information to members, the government, or the public. See §§ 200.454 and 200.450. (3) Promotion, lobbying, and other forms of public relations. See §§ 200.421 and 200.450. (4) Conferences (except those held to conduct the general administration of the recipient or subrecipient). See also § 200.432. (5) Maintenance, protection, and investment of special funds not used in the recipient's or subrecipient's operation. See also § 200.442. (6) Administration of group benefits on behalf of members or clients, including life and hospital insurance, annuity or retirement plans, and financial aid. See also § 200.431. § 200.414 Indirect costs. 521 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 121 (a) Facilities and administration classification. For major Institutions of Higher Education (IHE) and major nonprofit organizations, indirect costs must be classified within two broad categories: “Facilities” and “Administration.” “Facilities” is defined as depreciation on buildings, equipment and capital improvements, interest on debt associated with certain buildings, equipment and capital improvements, and operations and maintenance expenses. “Administration” is defined as general administration and general expenses such as the director's office, accounting, personnel, and all other types of expenditures not listed specifically under one of the subcategories of “Facilities” (including cross allocations from other pools, where applicable). For nonprofit organizations, library expenses are included in the “Administration” category; for IHEs, they are included in the “Facilities” category. Major IHEs are defined as those required to use the Standard Format for Submission as noted in Appendix III. Major nonprofit organizations are those which receive more than $10 million in direct Federal funding. (b) Diversity of nonprofit organizations. It is not always possible to specify the types of costs that may be classified as indirect costs for nonprofit organizations due to the diversity of their accounting practices. The association of a cost with a Federal award is the determining factor in distinguishing direct from indirect costs. However, typical examples of indirect cost for many nonprofit organizations may include depreciation on buildings and equipment, the costs of operating and maintaining facilities, and general administration and general expenses, such as the salaries and expenses of executive officers, personnel administration, and accounting. (c) Federal Agency Acceptance of Negotiated Indirect Cost Rates. (See § 200.306.) (1) Negotiated indirect cost rates must be accepted by all Federal agencies. A Federal agency may use a rate different from the negotiated rate for either a class of Federal awards or a single Federal award only when required by Federal statute or regulation, or when approved by the awarding Federal agency in accordance with paragraph (c)(3) of this section. (2) The Federal agency must notify OMB of any approved deviations. The recipient or subrecipient may notify OMB of any disputes with Federal agencies regarding the application of a federally negotiated indirect cost rate. (3) The Federal agency must implement, and make publicly available, the policies, procedures and general decision-making criteria that their programs will follow to seek and justify deviations from negotiated rates. (4) The Federal agency must include, in the notice of funding opportunity, the policies relating to indirect cost rate reimbursement or cost share as approved under paragraph (e). As appropriate, the Federal agency should incorporate discussion of these policies into its outreach activities with applicants before posting a notice of funding opportunity. See § 200.204. (d) Pass-through entities. Pass-through entities are subject to the requirements in § 200.332(b)(4) and must accept all federally negotiated indirect costs rates for subrecipients. (e) Appendices. Requirements for development and submission of indirect cost rate proposals and cost allocation plans are contained in the following Appendices: (1) Appendix III to Part 200—Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Institutions of Higher Education (IHEs); (2) Appendix IV to Part 200—Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Nonprofit Organizations; (3) Appendix V to Part 200—State/Local Government-wide Central Service Cost Allocation Plans; (4) Appendix VI to Part 200—Public Assistance Cost Allocation Plans; 522 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 122 (5) Appendix VII to Part 200—States and Local Government and Indian Tribe Indirect Cost Proposals; and (6) Appendix IX to Part 200—Hospital Cost Principles. (f) De minimis rate. Recipients and subrecipients that do not have a current Federal negotiated indirect cost rate (including provisional rate) may elect to charge a de minimis rate of up to 15 percent of modified total direct costs (MTDC). The recipient or subrecipient is authorized to determine the appropriate rate up to this limit. Federal agencies and pass-through entities may not require recipients and subrecipients to use a de minimis rate lower than the negotiated indirect cost rate or the rate elected pursuant to this subsection unless required by Federal statute or regulation. The de minimis rate must not be applied to cost reimbursement contracts issued directly by the Federal Government in accordance with the FAR. Recipients and subrecipients are not required to use the de minimis rate. When applying the de minimis rate, costs must be consistently charged as either direct or indirect costs and may not be double charged or inconsistently charged as both. The de minimis rate does not require documentation to justify its use and may be used indefinitely. Once elected, the recipient or subrecipient must use the de minimis rate for all Federal awards until the recipient or subrecipient chooses to receive a negotiated rate. (g) One-time extension of indirect rates. A recipient or subrecipient with a current Federal negotiated indirect cost rate may apply for a one-time extension of that agreement for up to four years. This extension will be subject to review and approval by the cognizant agency for indirect costs. If this extension is granted, the recipient or subrecipient may not request a rate review until the extension period ends. The recipient or subrecipient must re-apply to negotiate a new rate when the extension ends. After a new rate has been negotiated, the recipient or subrecipient may again apply for a one-time extension of the new rate in accordance with this paragraph. § 200.415 Required certifications. (a) Financial reports must include a certification, signed by an official who is authorized to legally bind the recipient, which reads as follows: “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).” (b) Subrecipients under the Federal award must certify to the pass-through entity whenever applying for funds, requesting payment, and submitting financial reports: “I certify to the best of my knowledge and belief that the information provided herein is true, complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative consequences including, but not limited to violations of U.S. Code Title 18, Sections 2, 1001, 1343 and Title 31, Sections 3729-3730 and 3801-3812.” Each such certification must be maintained pursuant to the requirements of § 200.334. This paragraph applies to all tiers of subrecipients. (c) Certification of cost allocation plan or indirect cost rate proposal. Each cost allocation plan or indirect cost rate proposal must comply with the following: (1) A proposal to establish a cost allocation plan or an indirect cost rate, whether submitted to a Federal cognizant agency for indirect costs or maintained on file by the recipient, must be certified by the recipient using the Certificate of Cost Allocation Plan or Certificate of Indirect Costs as set forth in appendices III through VII, and IX of this part. The certificate must be signed on behalf of the recipient by an individual at a level no lower than the vice president or chief financial officer of the recipient that submits the proposal. (2) The Federal Government may either disallow all indirect costs or unilaterally establish an indirect cost rate when the recipient fails to submit a certified proposal for establishing a rate. This rate should be based upon audited historical data or other data furnished to the cognizant agency for indirect costs and for which 523 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 123 it can be demonstrated that all unallowable costs have been excluded. The rate established must ensure that potentially unallowable costs are not reimbursed. Alternatively, the recipient may use the de minimis indirect cost rate. See § 200.414(f). (d) Nonprofit organizations must certify that they did not meet the definition of a major nonprofit organization as defined in § 200.414(a), if applicable. (e) The recipient must certify that the requirements and standards for lobbying (see § 200.450) have been met when submitting its indirect cost rate proposal. Special Considerations for States, Local Governments and Indian Tribes § 200.416 Cost allocation plans and indirect cost proposals. (a) Awards to states, local governments, and Indian Tribes are often implemented at the level of department within the State, local government, or Indian Tribe. A central service cost allocation plan is established to allow such department to claim a portion of centralized service costs that are incurred in proportion to the award's activities. Examples of centralized service costs may include motor pools, computer centers, purchasing, and accounting. Since Federal awards are performed within the individual operating agencies, there needs to be a process whereby these central service costs can be identified and assigned to benefitted activities on a reasonable and consistent basis. The central service cost allocation plan establishes this process. (b) Individual departments typically charge Federal awards for indirect costs through an indirect cost rate. A separate indirect cost rate proposal for each operating department is usually necessary to claim indirect costs under Federal awards. Indirect costs include: (1) The indirect costs originating in each operating department of the State, local government, or Indian Tribe carrying out Federal awards; and (2) The costs of central governmental services distributed through the central service cost allocation plan and not otherwise treated as direct costs. (c) The requirements for developing and submitting cost allocation plans (for central service costs and public assistance programs) and indirect cost rate proposals are contained in appendices V, VI, and VII of this part. § 200.417 Interagency service. An operating department may provide services to another operating department of the same State, local government, or Indian Tribe. In these instances, the cost of services provided may include allowable direct costs of the service plus a pro-rated share of indirect costs. A standard indirect cost rate equal to 15 percent of the direct salaries and wages for providing the service (excluding overtime, shift premiums, and fringe benefits) may be used instead of determining the actual indirect costs of the service. These services do not include centralized services that are included in central service cost allocation plans described in Appendix V of this part. Special Considerations for Institutions of Higher Education § 200.418 Costs incurred by states and local governments. Costs incurred or paid by a State or local government on behalf of and in direct benefit to its IHEs are allowable. These costs include but are not limited to fringe benefit programs such as pension costs and 524 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 124 Federal Insurance Contributions Act (FICA) costs. These costs are allowable regardless of whether they are recorded in the accounting records of the institutions, subject to the following conditions: (a) The costs meet the requirements of § 200.402-200.411; (b) The costs are properly supported by approved cost allocation plans in accordance with the applicable cost accounting principles of this part; and (c) The costs are not otherwise borne directly or indirectly by the Federal Government. § 200.419 Cost accounting standards. An IHE that receive an aggregate total $50 million or more in Federal awards and instruments subject to this subpart (as specified in § 200.101) in its most recently completed fiscal year must comply with the Cost Accounting Standards Board's cost accounting standards located at 48 CFR 9905.501, 9905.502, 9905.505, and 9905.506. CAS-covered contracts and subcontracts awarded to the IHEs are subject to the broader range of CAS requirements at 48 CFR 9900 through 9999 and 48 CFR part 30 (FAR Part 30). General Provisions for Selected Items of Cost § 200.420 Considerations for selected items of cost. (a) This section provides principles to be applied in establishing the allowability of certain items involved in determining cost, in addition to other requirements of this subpart. These principles apply whether or not a particular cost item is properly treated as a direct or indirect cost. (b) The following sections are not intended to be a comprehensive list of potential items of cost encountered under Federal awards. Failure to mention a particular item of cost, including as an example in certain sections, is not intended to imply that it is either allowable or unallowable. When determining the allowability for an item of cost, each case should be based on the treatment provided for similar or related items of cost and based on the principles described in §§ 200.402 through 200.411. In case of a discrepancy between the provisions of a specific Federal award and the provisions below, the Federal award governs. Criteria outlined in § 200.403 must be applied in determining allowability. § 200.421 Advertising and public relations. (a) The term advertising costs means the costs of advertising media and corollary administrative costs. Advertising media includes, but is not limited to, magazines, newspapers, radio and television, direct mail, exhibits, and electronic or computer transmittals. (b) The only allowable advertising costs are those which are solely for: (1) The recruitment of personnel required by the recipient or subrecipient for the performance of a Federal award (See also § 200.463); (2) The procurement of goods and services for the performance of a Federal award; (3) The disposal of scrap or surplus materials acquired in the performance of a Federal award except when the recipient or subrecipient is reimbursed for disposal costs at a predetermined amount; or (4) Program outreach (for example, recruiting project participants) and other specific purposes necessary to meet the Federal award requirements. 525 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 125 (c) The term “public relations” includes community relations and means those activities dedicated to maintaining the recipient's or subrecipient's image or maintaining or promoting understanding and favorable relations with the community or public at large or any segment of the public. (d) The only allowable public relations costs are: (1) Costs specifically required by the Federal award; (2) Costs of communicating with the public and press about specific activities or accomplishments which result from the performance of the Federal award (these costs are considered necessary as part of the outreach effort for the Federal award); or (3) Costs of conducting general liaison with news media and government public relations officers, to the extent that such activities are limited to communication and liaison necessary to keep the public informed on matters of public concern, such as notices of funding opportunities or financial matters. (e) Unallowable advertising and public relations costs include the following: (1) All advertising and public relations costs other than as specified in paragraphs (b) and (d) of this section; (2) Costs of meetings, conventions, conferences, or other events related to other activities of the entity (see also § 200.432), including: (i) Costs of displays, demonstrations, and exhibits; (ii) Costs of meeting rooms, hospitality suites, and other special facilities used in conjunction with shows and other special events; and (iii) Salaries and wages of employees engaged in setting up and displaying exhibits, making demonstrations, and providing briefings; (3) Costs of promotional items and memorabilia; (4) Costs of advertising and public relations designed solely to promote the recipient or subrecipient. § 200.422 Advisory councils. An advisory council or committee is a body that provides advice to the management of such entities as corporations, organizations, or foundations. Costs incurred by both internal and external advisory councils or committees are allowable if authorized by statute, the Federal agency, or as an indirect cost where allocable to Federal awards. See § 200.444, which applies to States, local governments, and Indian Tribes. § 200.423 Alcoholic beverages. The cost of alcoholic beverages is unallowable. § 200.424 Alumni activities. Costs incurred by IHEs for, or in support of, alumni activities are unallowable. § 200.425 Audit services. 526 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 126 (a) A reasonably proportionate share of the costs of audits required by and performed in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507), and the requirements of this part are allowable. However, the following audit costs are unallowable: (1) Any costs when audits required by the Single Audit Act and subpart F of this part have not been conducted, or have been conducted but not in accordance with the requirements; and (2) Except as provided for in paragraph (c) of this section, any costs of auditing a non-Federal entity that is exempted from having an audit conducted under the Single Audit Act and subpart F of this part because its expenditures under Federal awards are less than $1,000,000 during its fiscal year.” (b) The costs of a financial statement audit of a recipient or subrecipient that does not currently have a Federal award may be included in the indirect cost pool for a cost allocation plan or indirect cost proposal. (c) Pass-through entities may charge Federal awards for the cost of agreed-upon procedures engagements to monitor subrecipients (in accordance with §§ 200.331-333) exempt from having an audit conducted under the Single Audit Act and the requirements of this part. This cost is allowable only if the agreed-upon procedures engagements are: (1) Conducted in accordance with GAGAS or applicable international attestation standards, as appropriate; (2) Paid for and arranged by the pass-through entity; and (3) Limited in scope to one or more of the following types of compliance requirements: activities allowed or unallowed; allowable costs/cost principles; eligibility; and reporting. § 200.426 Bad debts. Bad debts (debts determined to be uncollectable), including losses (whether actual or estimated) arising from uncollectable accounts and other claims, are unallowable. Related collection costs, and related legal costs, arising from such debts are also unallowable. See § 200.428. § 200.427 Bonding costs. (a) Bonding costs arise when the Federal agency requires assurance against financial loss to itself or others because of an act or default of the recipient or subrecipient. They also arise when the recipient or subrecipient requires similar assurance, including bonds as bid, performance, payment, advance payment, infringement, and fidelity bonds for employees and officials. (b) Costs of bonding required under the Federal award's terms and conditions are allowable. (c) Costs of bonding required by the recipient or subrecipient in the general conduct of its operations are allowable as an indirect cost to the extent that such bonding is in accordance with sound business practice and the rates and premiums are reasonable under the circumstances. § 200.428 Collections of improper payments. The costs incurred by a recipient or subrecipient to recover improper payments, including improper overpayments, are allowable as either direct or indirect costs, as appropriate. The recipient or subrecipient may use the amounts collected in accordance with cash management standards described in § 200.305. § 200.429 Commencement and convocation costs. 527 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 127 For IHEs, costs incurred for commencements and convocations are unallowable, except as activity costs provided for in Appendix III, (B)(9) Student Administration and Services. § 200.430 Compensation—personal services. (a) General. Compensation for personal services includes all remuneration, paid currently or accrued, for services of employees rendered during the period of performance under the Federal award, including but not necessarily limited to wages and salaries. Compensation for personal services may also include fringe benefits addressed in § 200.431. Costs of compensation are allowable to the extent that they satisfy the specific requirements of this part and that the total compensation for individual employees: (1) Is reasonable for the services rendered and conforms to the established written policy of the recipient or subrecipient consistently applied to both Federal and non-Federal activities; (2) Follows an appointment made in accordance with the recipient's or subrecipient's laws, rules, or written policies and meets the requirements of Federal statute, where applicable; and (3) Is determined and supported as provided in paragraph (g) of this section, when applicable. (b) Reasonableness. Compensation for employees engaged in work on Federal awards will be reasonable to the extent that it is consistent with that paid for similar work in other activities of the recipient or subrecipient. In cases where the kinds of employees required for Federal awards are not found in the other activities of the recipient or subrecipient, compensation will be considered reasonable to the extent that it is comparable to that paid for similar work in the labor market in which the recipient or subrecipient competes for the kind of employees involved. (c) Professional activities outside the recipient or subrecipient. Unless the Federal agency expressly authorizes an arrangement, a recipient or subrecipient must follow its written policies and procedures concerning the permissible extent of professional services that can be provided outside the recipient or subrecipient for non-organizational compensation. Where the recipient or subrecipient does not have written policies or procedures, or they do not adequately define the permissible extent of consulting or other non-organizational activities undertaken for extra outside pay, the Federal Government may require the recipient or subrecipient to allocate the effort of professional staff working on Federal awards between: (1) Recipient or subrecipient activities, and (2) Non-organizational professional activities. Appropriate arrangements governing compensation must be negotiated on a case-by-case basis if the Federal agency considers the extent of non-organizational professional effort excessive or inconsistent with the conflicts-of-interest terms and conditions of the Federal award. (d) Unallowable costs. (1) Costs unallowable under other sections of these principles must not be allowable under this section solely because they constitute personnel compensation. (2) The allowable compensation for certain employees is subject to a ceiling in accordance with Federal statute. See 10 U.S.C. 3744(a)(16), 41 U.S.C. 1127, and 41 U.S.C. 4304(a)(16) for the ceiling amount, covered compensation subject to the ceiling, covered employees, and other relevant provisions for cost- reimbursement contracts. For other types of Federal awards, other statutory ceilings may apply. (e) Special considerations. Special considerations in determining the allowability of compensation will be given to any change in a recipient's or subrecipient's compensation policy resulting in a substantial increase in its employees' level of compensation (particularly when the change was concurrent with an increase in 528 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 128 the ratio of Federal awards to other activities) or any change in the treatment of allowability of specific types of compensation due to changes in Federal policy. (f) Incentive compensation. Incentive compensation to employees based on cost reduction, efficient performance, suggestion awards, or safety awards is allowable to the extent that the overall compensation is determined to be reasonable and such costs are paid or accrued according to an agreement entered into in good faith between the recipient or subrecipient and the employees before the services were rendered, or according to an established plan followed by the recipient or subrecipient so consistently as to imply, in effect, an agreement to make such payment. (g) Standards for Documentation of Personnel Expenses. (1) Charges to Federal awards for salaries and wages must be based on records that accurately reflect the work performed. These records must: (i) Be supported by a system of internal control that provides reasonable assurance that the charges are accurate, allowable, and properly allocated; (ii) Be incorporated into the official records of the recipient or subrecipient; (iii) Reasonably reflect the total activity for which the employee is compensated by the recipient or subrecipient, not exceeding 100 percent of compensated activities (for IHEs, this is the IBS); (iv) Encompass federally-assisted and all other activities compensated by the recipient or subrecipient on an integrated basis but may include the use of subsidiary records as defined in the recipient's or subrecipient's written policy; (v) Comply with the established accounting policies and procedures of the recipient or subrecipient (See paragraph (i)(1)(ii) of this section for treatment of incidental work for IHEs.); and (vi) Support the distribution of the employee's salary or wages among specific activities or cost objectives if the employee works on more than one Federal award; a Federal award and non-Federal award; an indirect cost activity and a direct cost activity; two or more indirect activities allocated using different allocation bases; or an unallowable activity and a direct or indirect cost activity. (vii) Budget estimates (meaning, estimates determined before the services are performed) alone do not qualify as support for charges to Federal awards, but may be used for interim accounting purposes, provided that: (A) The system for establishing the estimates produces reasonable approximations of the activity performed; (B) Significant changes in the related work activity (as defined by the recipient's or subrecipient's written policies) are promptly identified and entered into the records. Short-term (such as one or two months) fluctuations between workload categories do not need to be considered as long as the distribution of salaries and wages is reasonable over the longer term; and (C) The recipient's or subrecipient's system of internal controls includes processes to perform periodic after- the-fact reviews of interim charges made to a Federal award based on budget estimates. All necessary adjustments must be made so that the final amount charged to the Federal award is accurate, allowable, and properly allocated. 529 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 129 (viii) Because practices vary as to the activity constituting a full workload (for example, the Institutional Base Salary (IBS) for IHEs), records may reflect categories of activities expressed as a percentage distribution of total activities. (ix) It is recognized that teaching, research, service, and administration are often inextricably intermingled in an academic setting. Therefore, a precise assessment of factors contributing to costs is not required when IHEs record salaries and wages charged to Federal awards. (2) For records that meet the standards required in paragraph (g)(1) of this section, the recipient or subrecipient is not required to provide additional support or documentation for the work performed other than that referenced in paragraph (g)(3) of this section. (3) In accordance with Department of Labor regulations implementing the Fair Labor Standards Act (FLSA) (29 CFR part 516), charges for the salaries and wages of nonexempt employees, in addition to the supporting documentation described in this section, must also be supported by records indicating the total number of hours worked each day. (4) Salaries and wages of employees used in meeting cost sharing requirements on Federal awards must be supported in the same manner as salaries and wages claimed for reimbursement from Federal awards. (5) States, local governments, and Indian Tribes may use substitute processes or systems for allocating salaries and wages to Federal awards either in place of or in addition to the records described in paragraph (g)(1) of this section if approved by the cognizant agency for indirect cost. Such systems may include, but are not limited to, random moment sampling, “rolling” time studies, case counts, or other quantifiable measures of work performed. (i) Substitute systems that use sampling methods (primarily for Temporary Assistance for Needy Families (TANF), the Supplemental Nutrition Assistance Program (SNAP), Medicaid, and other public assistance programs) must meet acceptable statistical sampling standards, including: (A) The sampling universe must include all of the employees whose salaries and wages are to be allocated based on sample results except as provided in paragraph (g)(5)(iii); (B) The sample must cover the entire period involved; and (C) The results must be statistically valid and applied to the period being sampled. (ii) Allocating charges for the sampled employees' supervisors and clerical and support staff, based on the results of the sampled employees, will be acceptable. (iii) Less than full compliance with the statistical sampling standards noted in paragraph (5)(i) may be accepted by the cognizant agency for indirect costs if it concludes that the amounts allocated to Federal awards will be minimal or if it concludes that the system proposed by the recipient or subrecipient will result in lower costs to Federal awards than a system which complies with the standards. (6) Cognizant agencies for indirect costs are encouraged to approve alternative proposals based on outcomes and milestones for program performance when these are clearly documented. These plans are acceptable as an alternative to requirements in paragraph (g)(1) of this section when approved by the cognizant agency for indirect costs. (7) For Federal awards of similar purpose activity or instances of approved blended funding, a recipient or subrecipient may submit performance plans that incorporate funds from multiple Federal awards and account for their combined use based on performance-oriented metrics, provided the plans are approved in advance by all involved Federal agencies. In these instances, the recipient or subrecipient must submit 530 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 130 a request for waiver of the requirements based on documentation that describes the method of charging costs, relates the charging of costs to the specific activity that is applicable to all fund sources, and is based on quantifiable measures of the activity in relation to time charged. (8) For a recipient or subrecipient whose records do not meet the standards described in this section, the Federal Government may require personnel activity reports, including prescribed certifications, or equivalent documentation supporting the records as required in this section. (h) Nonprofit organizations. This paragraph (h) provides guidance specific to only nonprofit organizations. For compensation to members of nonprofit organizations, trustees, directors, associates, officers, or the immediate families thereof, a determination must be made that the compensation is reasonable for the actual personal services rendered rather than a distribution of earnings above actual costs. Compensation may include director's and executive committee member's fees, incentive awards, off-site or incentive pay, location allowances, hardship pay, and cost-of-living differentials. (i) Institutions of Higher Education (IHEs). This paragraph provides guidance specific to only IHEs. (1) Determining allowable personnel costs. Certain conditions require special consideration and possible limitations in determining allowable personnel compensation costs under Federal awards. Among such conditions are the following: (i) Allowable activities. Charges to Federal awards may include reasonable amounts for activities contributing and directly related to work under an agreement, such as delivering special lectures about specific aspects of the ongoing activity, writing reports and articles, developing and maintaining protocols (human, animals, etcetera), managing substances/chemicals, managing and securing project-specific data, coordinating research subjects, participating in appropriate seminars, consulting with colleagues and graduate students, and attending meetings and conferences. (ii) Incidental activities. Incidental activities for which supplemental compensation is allowable under the written institutional policy (at a rate not to exceed institutional base salary) do not need to be included in the records described in paragraph (g). To charge payments of incidental activities directly, such activities must either be expressly authorized in the Federal award budget or receive prior written approval by the Federal agency. (2) Salary basis. Charges for work performed on Federal awards by faculty members during the academic year are allowable at the institutional base salary (IBS) rate. Except as noted in paragraph (i)(1)(ii), in no event will charges to Federal awards, irrespective of the basis of computation, exceed the proportionate share of the IBS for that period. This principle applies to all members of the faculty at an institution. IBS is the annual compensation paid by an IHE for an individual's appointment, whether that individual's time is spent on research, instruction, administration, or other activities. IBS excludes any income an individual earns outside of duties performed for the IHE. Unless there is prior approval by the Federal agency, charges of a faculty member's salary to a Federal award may not exceed the proportionate share of the IBS for the period during which the faculty member worked on the Federal award. (3) Intra-Institution of Higher Education (IHE) consulting. Intra-IHE consulting by faculty should be undertaken as an IHE responsibility requiring no compensation in addition to IBS. However, in unusual cases where consultation is across departmental lines or involves a separate or remote operation, and the work performed by the faculty members is in addition to their regular responsibilities, any charges for such work representing additional compensation above IBS are allowable provided that such consulting arrangements are expressly authorized in the Federal award or approved in writing by the Federal agency. (4) Extra service pay. Extra service pay typically represents overload compensation, subject to institutional compensation policies for services above and beyond IBS. Where extra service pay results from Intra-IHE consulting, it is subject to the same requirements of paragraph (b) of this section. It is allowable if all of the following conditions are met: 531 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 131 (i) The IHE establishes consistent written policies which apply uniformly to all faculty members, not just those working on Federal awards. (ii) The IHE establishes a consistent written definition of work covered by IBS, which is specific enough to determine conclusively when work beyond that level has occurred. This definition may be described in appointment letters or other documentation. (iii) The supplementation amount paid is commensurate with the IBS pay rate and additional work performed. See paragraph (i)(2) of this section. (iv) The salaries, as supplemented, fall within the salary structure and pay ranges established by and documented in writing or otherwise applicable to the IHE. (v) The total salaries charged to Federal awards, including extra service payments, are subject to the standards of documentation as described in paragraph (g). (5) Periods outside the academic year. (i) Except as specified for teaching activity in paragraph (i)(5)(ii) of this section, charges for work performed by faculty members on Federal awards during periods not included in the base salary period must be at a rate not more than the IBS. (ii) Charges for teaching activities performed by faculty members on Federal awards during periods not included in IBS period must be based on the written policy of the IHE governing compensation to faculty members for teaching assignments during such periods. (6) Part-time faculty. Charges for work performed on Federal awards by faculty members having only part- time appointments must be determined at a rate not more than that regularly paid for part-time assignments. (7) Sabbatical leave costs. Rules for sabbatical leave are as follows: (i) Costs of leaves of absence by employees for performance of graduate work or sabbatical study, travel, or research are allowable, provided the IHE has a uniform written policy on sabbatical leave for persons engaged in instruction and persons engaged in research. These costs must be allocated equitably among all related activities of the IHE. (ii) Where sabbatical leave is included in fringe benefits for which a cost is determined for assessment as a direct charge, the aggregate amount of such assessments applicable to all work of the institution during the base period must be reasonable in relation to the IHE's actual experience under its sabbatical leave policy. (8) Salary rates for non-faculty members. Non-faculty full-time professional personnel may also earn “extra service pay” in accordance with the IHE's written policy and paragraph (i)(1)(i). § 200.431 Compensation—fringe benefits. (a) General. Fringe benefits are allowances and services employers provide to their employees as compensation in addition to regular salaries and wages. Fringe benefits include, but are not limited to, the costs of leave, employee insurance, pensions, and unemployment benefits. Except as provided elsewhere in these principles, the costs of fringe benefits are allowable provided that the benefits are reasonable and are required by law, an organization-employee agreement, or an established policy of the recipient or subrecipient. 532 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 132 (b) Leave. The cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: (1) They are provided under established written leave policies; (2) The costs are equitably allocated to all related activities, including Federal awards; and, (3) The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the recipient or subrecipient or a specified grouping of employees. (i) When a recipient or subrecipient uses the cash basis of accounting, the cost of leave is recognized in the period that the leave is taken and paid for. Payments for unused leave when an employee retires or terminates employment are allowable in the year of payment and should be allocated as a general administrative expense to all activities or included in the fringe benefit rate. (ii) The accrual basis may be only used for those types of leave for which a liability as defined by GAAP exists when the leave is earned. When a recipient or subrecipient uses the accrual basis of accounting, allowable leave costs are the lesser of the amount accrued or funded. (c) Fringe benefits. The cost of fringe benefits in the form of employer contributions or expenses for social security; employee life, health, unemployment, and worker's compensation insurance (except as indicated in § 200.447); pension plan costs; and other similar benefits are allowable, provided such benefits are permitted under established written policies. The recipient or subrecipient must allocate fringe benefits to Federal awards and all other activities in a manner consistent with the pattern of benefits attributable to the individuals or group(s) of employees whose salaries and wages are chargeable to such Federal awards and other activities, and charged as direct or indirect costs following the recipient's or subrecipient's accounting practices. (d) Cost objectives. The recipient or subrecipient may assign fringe benefits to cost objectives by identifying specific benefits to specific individual employees or by allocating them based on entity-wide salaries and wages of the employees receiving the benefits. When the allocation method is used, separate allocations must be made to selective groupings of employees unless the recipient or subrecipient demonstrates that costs in relationship to salaries and wages do not differ significantly for different groups of employees. (e) Insurance. See also § 200.447(d)(1) and (2). (1) Provisions for a reserve under a self-insurance program for unemployment compensation or workers' compensation are allowable to the extent that the provisions represent reasonable estimates of the liabilities for such compensation and the types of coverage, the extent of coverage, and rates and premiums would have been allowable had insurance been purchased to cover the risks. However, provisions for self-insured liabilities which do not become payable for more than one year after the provision is made must not exceed the present value of the liability. (2) Insurance costs on the lives of trustees, officers, or other employees holding positions of similar responsibility are allowable only to the extent that the insurance represents additional compensation. The cost of such insurance is unallowable when the recipient or subrecipient is named as beneficiary. (3) Actual claims paid to or on behalf of employees or former employees for workers' compensation, unemployment compensation, severance pay, and similar employee benefits (for example, post-retirement health benefits) are allowable in the year of payment provided that the recipient or subrecipient follows a consistent costing policy. 533 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 133 (f) Automobiles. That portion of automobile costs furnished by the recipient or subrecipient that relates to personal use by employees (including transportation to and from work) is unallowable as a fringe benefit or indirect costs regardless of whether the cost is reported as taxable income to the employees. (g) Pension plan costs. Pension plan costs incurred in accordance with the established written policies of the recipient or subrecipient are allowable, provided that: (1) Such policies meet the test of reasonableness. (2) The methods of cost allocation are not discriminatory. (3) The cost assigned to each fiscal year should be determined in accordance with GAAP, except for State and local governments. (4) The costs assigned to a given fiscal year are funded for all plan participants within six months after the end of that year. However, increases to normal and past service pension costs caused by a delay in funding the actuarial liability beyond 30 calendar days after each quarter of the year to which such costs are assignable are unallowable. The recipient or subrecipient may follow the “Cost Accounting Standard for Composition and Measurement of Pension Costs” (48 CFR 9904.412). (5) Premiums for pension plan termination insurance that are paid according to the Employee Retirement Income Security Act (ERISA) of 1974 (29 U.S.C. 1301-1461) are allowable. Late payment charges on such premiums are unallowable. Excise taxes on accumulated funding deficiencies and other penalties imposed under ERISA are unallowable. (6) Pension plan costs may be computed using a pay-as-you-go method or an actuarial cost method recognized by GAAP and following the recipient's or subrecipient's established written policies. (i) For pension plans financed on a pay-as-you-go method, allowable costs will be limited to those representing actual payments to retirees or their beneficiaries. (ii) Pension costs calculated using an actuarial cost method recognized by GAAP are allowable for a given fiscal year if they are funded for that year within six months after the end of that year. Costs funded after six months (or a later period agreed to by the cognizant agency for indirect costs) are allowable in the year funded. The cognizant agency for indirect costs may agree to an extension if an appropriate adjustment is made to compensate for the timing of the charges to the Federal Government and related Federal reimbursement and the recipient's or subrecipient's contribution to the pension fund. Adjustments may be made by cash refund or other equitable procedures to compensate the Federal Government for the time value of Federal reimbursements in excess of contributions to the pension fund. (iii) Amounts funded by the recipient or subrecipient in excess of the actuarially determined amount for a fiscal year may be used as the recipient's or subrecipient's contribution in future periods. (iv) When a recipient or subrecipient establishes or converts to an acceptable actuarial cost method, as defined by GAAP, and funds pension costs in accordance with this method, the unfunded liability at the time of conversion is allowable if amortized over a period of years in accordance with GAAP. (v) Payments for unfunded pension costs must be charged in accordance with the allocation principles of this subpart. Specifically, the recipient or subrecipient may not charge unfunded pension costs directly to a Federal award if those unfunded pension costs are not allocable to that award. (vi) The recipient or subrecipient must provide the Federal Government an equitable share of any previously allowed pension costs (including subsequent earnings) that revert or inure to the recipient or subrecipient through a refund, withdrawal, or other credit. 534 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 134 (h) Post-retirement health. A post-retirement health plan (PRHP) refers to the costs of health insurance or health services not included in a pension plan covered by paragraph (g) for retirees and their spouses, dependents, and survivors. PRHP costs may be computed using a pay-as-you-go method or an actuarial cost method recognized by GAAP and following the recipient's or subrecipient's established written policies. (1) For PRHP financed on a pay-as-you-go method, allowable costs will be limited to those representing actual payments to retirees or their beneficiaries. (2) PRHP costs calculated using an actuarial cost method recognized by GAAP are allowable for a given fiscal year if they are funded for that year within six months after the end of that year. Costs funded after six months (or a later period agreed to by the cognizant agency for indirect costs) are allowable in the year funded. The cognizant agency for indirect costs may agree to an extension if an appropriate adjustment is made to compensate for the timing of the charges to the Federal Government and related Federal reimbursement and the recipient's or subrecipient's contributions to the PRHP fund. Adjustments may be made by cash refund, reduction in the current year's PRHP costs, or other equitable procedures to compensate the Federal Government for the time value of Federal reimbursements in excess of contributions to the PRHP fund. (3) Amounts funded by the recipient or subrecipient in excess of the actuarially determined amount for a fiscal year may be used as the recipient's or subrecipient's contribution in future periods. (4) If a recipient or subrecipient establishes or converts to an actuarial cost method and funds PRHP costs in accordance with this method, the initial unfunded liability attributable to prior years is allowable if amortized over a period of years in accordance with GAAP, or, if no such GAAP period exists, over a period negotiated with the cognizant agency for indirect costs. (5) Payments for unfunded PRHP costs must be charged in accordance with the allocation principles of this subpart. Specifically, the recipient or subrecipient may not charge unfunded PRHP costs directly to a Federal award if those unfunded PRHP costs are not allocable to that award. (6) To be allowable in the current year, the PRHP costs must be paid either to: (i) An insurer or other benefit provider as current year costs or premiums; or (ii) An insurer or trustee that will maintain a trust fund or reserve for the sole purpose of providing post- retirement benefits to retirees and other beneficiaries. (7) The recipient or subrecipient must provide the Federal Government an equitable share of any previously allowed post-retirement benefit costs (including subsequent earnings) that revert or inure to the recipient or subrecipient through a refund, withdrawal, or other credit. (i) Severance pay. (1) Severance pay, also commonly referred to as dismissal wages, is a payment in addition to regular salaries and wages, by recipients and subrecipients to workers whose employment is being terminated. Severance pay is allowable only to the extent that, in each case, it is required by: (i) Law; (ii) Employer-employee agreement; (iii) Established policy that constitutes, in effect, an implied agreement on the recipient's or subrecipient's part; or 535 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 135 (iv) Circumstances of the particular employment. (2) Costs of severance payments are divided into two categories as follows: (i) Actual severance payments for normal turnover must be allocated to all activities; or, where the recipient or subrecipient provides for a reserve for normal severances, such method is acceptable if the charge to current operations is reasonable in light of payments made for normal severances over a representative past period, and if amounts charged are allocated to all activities of the recipient or subrecipient. (ii) Measuring the costs of abnormal or mass severance pay by means of an accrual method will not achieve equity for both parties. Therefore, accruals are not allowable. However, the Federal Government recognizes its responsibility to contribute its fair share toward a specific payment. Prior approval by the Federal agency or cognizant agency for indirect cost, as appropriate, is required. (3) Costs incurred in severance pay packages that are in excess of the standard severance pay provided by the recipient or subrecipient to an employee upon termination of employment and that are paid to the employee contingent upon a change in management control over, or ownership of, the recipient's or subrecipient's assets, are unallowable. (4) Severance payments to foreign nationals employed by the recipient or subrecipient outside the United States, to the extent that the amount exceeds the customary or prevailing practices for the recipient or subrecipient in the United States, are unallowable unless they are required by applicable foreign law or necessary for the performance of Federal programs and approved by the Federal agency. (5) Severance payments to foreign nationals employed by the recipient or subrecipient outside the United States due to the termination of the foreign national as a result of the closing of, or curtailment of activities by, the recipient or subrecipient in that country, are unallowable unless they are either: (i) Required by applicable foreign law; or (ii) Necessary for the performance of Federal programs and approved by the Federal agency. (j) For IHEs only. (1) Fringe benefits in the form of undergraduate and graduate tuition or tuition remission for individual employees are allowable, provided such benefits are granted in accordance with established written policies of the IHE and are distributed to all IHE activities on an equitable basis. Tuition benefits for family members other than the employee are unallowable. (2) Fringe benefits in the form of undergraduate and graduate tuition or tuition remission for individual employees not employed by the IHE are limited to the tax-free amount allowed by the Internal Revenue Code as amended (26 U.S.C. 127). (3) IHEs may offer employees tuition waivers or reductions, provided that the benefit does not discriminate in favor of highly compensated employees. Employees can exercise these benefits at other institutions according to institutional policy. See § 200.466, for treatment of tuition remission provided to students. (k) Fringe benefit programs and other benefit costs. (1) For IHEs whose costs are paid by a State or local government, fringe benefit programs (such as pension costs and FICA) and any other benefits costs incurred specifically on behalf of, and in direct benefit to, the IHE, are allowable, subject to the following: (i) The costs meet the requirements of Basic Considerations in §§ 200.402 through 200.411; 536 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 136 (ii) The costs are properly supported by approved cost allocation plans in accordance with applicable Federal cost accounting principles; and (iii) The costs are not otherwise borne directly or indirectly by the Federal Government. (2) The allowability of these costs for the IHE does not depend on whether they are recorded in the accounting records of the IHE. [89 FR 30136, Apr. 22, 2024, as amended at 89 FR 79732, Oct. 1, 2024] § 200.432 Conferences. A conference means an event whose primary purpose is to disseminate technical information beyond the recipient or subrecipient and is necessary and reasonable for successful performance under the Federal award. Allowable conference costs may include the rental of facilities, speakers' fees, attendance fees, costs of meals and refreshments, local transportation, and other items incidental to such conferences unless further restricted by the terms and conditions of the Federal award. The costs of identifying and providing locally available dependent-care resources for participants are allowable as needed. Conference hosts/sponsors must exercise discretion and judgment in ensuring that conference costs are appropriate, necessary, and managed to minimize costs to the Federal award. The Federal agency may authorize exceptions for programs including Indian Tribes, children, and the elderly. See also §§ 200.438, 200.456, and 200.475. § 200.433 Contingency provisions. (a) Contingency provisions are part of a budget estimate of future costs (typically of large construction projects, IT systems, or other items approved by the Federal agency) which are associated with possible events or conditions arising from causes for which the precise outcome is indeterminable at the time of estimate and that are likely to result, in the aggregate, in additional costs for the approved activity or project. Contingency amounts for major project scope changes, unforeseen risks, or extraordinary events must not be included in the budget estimates for a Federal award. (b) It is permissible for contingency amounts other than those excluded in paragraph (a) of this section to be explicitly included in budget estimates to the extent necessary to improve their precision. Contingency amounts must be estimated using broadly-accepted cost estimating methodologies, specified in the budget documentation of the Federal award, and accepted by the Federal agency. As such, contingency amounts are to be included in the Federal award. In order for actual costs incurred to be allowable, they must comply with the cost principles and other requirements of this part (see §§ 200.300 and 200.403), be necessary and reasonable for proper and efficient accomplishment of project or program objectives, and be verifiable from the recipient's or subrecipient's records. (c) Payments to a recipient's or subrecipient's “contingency reserve” or any similar payment made for events the occurrence of which cannot be foretold with certainty as to the time or intensity, or with an assurance of their happening, are unallowable, except as noted in §§ 200.431 and 200.447. § 200.434 Contributions and donations. (a) Costs of contributions and donations, including cash, property, and services, from the recipient or subrecipient to other entities are unallowable. (b) The value of services and property donated (that is, in-kind donations) to the recipient or subrecipient may not be charged to the Federal award either as a direct or indirect cost. The value of donated services and property may be used to meet cost sharing requirements (see § 200.306). Depreciation on donated 537 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 137 assets is permitted so long as the donated property is not counted towards meeting cost sharing requirements (see § 200.436). (c) Services donated or volunteered to the recipient or subrecipient may be provided by professional and technical personnel, consultants, and other skilled and unskilled labor. The value of these services may not be charged to the Federal award as a direct or indirect cost. However, the value of donated services may be used to meet cost sharing requirements in accordance with the provisions of § 200.306. (d) To the extent feasible, services donated to the recipient or subrecipient will be supported by the same methods used to support the allocability of regular personnel services. (e) The following provisions apply to nonprofit organizations. The value of services donated to a nonprofit organization and used in the performance of a direct cost activity must be considered in the determination of the recipient's or subrecipient's indirect cost rate(s) and, accordingly, must be allocated a proportionate share of applicable indirect costs when the following circumstances exist: (1) The aggregate value of the services is material; (2) The services are supported by a significant amount of the indirect costs incurred by the recipient or subrecipient; (i) In those instances where there is no basis for determining the fair market value of the services rendered, the recipient or subrecipient and the cognizant agency for indirect costs must negotiate an appropriate allocation of indirect cost to the services. (ii) Where donated services directly benefit a project supported by the Federal award, the indirect costs allocated to the services will be considered as a part of the project's total costs. Such indirect costs may be reimbursed under the Federal award or used to meet cost sharing requirements. (f) Fair market value of donated services must be computed as described in § 200.306. (g) Personal property and use of space. (1) Donated personal property and use of space may be furnished to a recipient or subrecipient. The value of the personal property and space may not be charged to the Federal award either as a direct or indirect cost. (2) The value of the donations of personal property and use of space may be used to meet cost sharing requirements described in § 200.300. The recipient or subrecipient must value the donations in accordance with § 200.300. Where the recipient or subrecipient treats donations as indirect costs, indirect cost rates must separate the value of the donations so that reimbursement is not made. § 200.435 Defense and prosecution of criminal and civil proceedings, claims, appeals and patent infringements. (a) Definitions for this section — (1) Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon verdict or a plea, including a conviction due to a plea of nolo contendere. (2) Costs include the services that bear a direct relationship to a judicial or administrative proceeding and provided by in-house or private counsel, accountants, consultants, or others engaged to assist the recipient or subrecipient before, during, or after the commencement of that proceeding. 538 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 138 (3) Fraud means: (i) Acts of fraud or corruption or attempts to defraud the Federal Government or to corrupt its agents, (ii) Acts that constitute a cause for debarment or suspension (as specified in agency regulations), and (iii) Acts that violate the False Claims Act (31 U.S.C. 3729-3732) or the Anti-kickback Act (42 U.S.C. 1320a- 7b(b)). (4) Penalty does not include restitution, reimbursement, or compensatory damages. (5) Proceeding includes an investigation. (b) Costs. (1) Except as otherwise described herein, costs incurred in connection with any criminal, civil, or administrative proceeding (including the filing of a false certification) commenced by the Federal Government, a State, local government, or foreign government, or joined by the Federal Government (including a proceeding under the False Claims Act), against the recipient or subrecipient, (or commenced by third parties or a current or former employee of the recipient or subrecipient who submits a whistleblower complaint of reprisal in accordance with 10 U.S.C. 4701 or 41 U.S.C. 4712), are not allowable if the proceeding: (i) Relates to a violation of, or failure to comply with, a Federal, State, local or foreign statute, regulation, or the terms and conditions of the Federal award by the recipient or subrecipient (including its agents and employees); and (ii) Results in any of the following dispositions: (A) In a criminal proceeding, a conviction. (B) In a civil or administrative proceeding involving an allegation of fraud or similar misconduct, a determination of recipient or subrecipient liability. (C) In the case of any civil or administrative proceeding, the disallowance of costs, the imposition of a monetary penalty, or an order issued by the Federal agency head or delegate to the recipient or subrecipient to take corrective action under 10 U.S.C. 4701 or 41 U.S.C. 4712. (D) A final decision by an appropriate Federal official to debar or suspend the recipient or subrecipient, to rescind or void a Federal award, or to terminate a Federal award because of a violation or failure to comply with a statute, regulation, or the terms and conditions of the Federal award. (E) A disposition by consent or compromise if the action could have resulted in any of the dispositions described in paragraphs (b)(1)(ii)(A) through (D) of this section. (2) If more than one proceeding involves the same alleged misconduct, the costs of all such proceedings are unallowable if any results in one of the dispositions shown in paragraph (b) of this section. (c) Allowability of costs for proceeding commenced by Federal Government. If a proceeding referred to in paragraph (b) of this section is commenced by the Federal Government and is resolved by consent or compromise pursuant to an agreement by the recipient or subrecipient and the Federal Government, then the costs incurred may be allowed to the extent expressly authorized in the agreement. 539 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 139 (d) Allowability of costs for proceeding commenced by State, local, or foreign government. If a proceeding referred to in paragraph (b) of this section is commenced by a State, local or foreign government, then the costs incurred may be allowed if the authorized Federal official determines that the costs were incurred as a result of: (1) A specific term or condition of the Federal award, or (2) Specific written direction of an authorized official of the Federal agency. (e) Allowability of costs in general. Costs incurred in connection with proceedings described in paragraph (b), and not made unallowable by that paragraph, may be allowed to the extent that: (1) The costs are reasonable and necessary for the administration of the Federal award and activities required to deal with the proceeding and the underlying cause of action; (2) Payment of the reasonable, necessary, allocable and otherwise allowable costs incurred is not prohibited by any other provision(s) of the Federal award; (3) The costs are not recovered from the Federal Government or a third party, either directly as a result of the proceeding or otherwise; and, (4) An authorized Federal official has determined the percentage of costs allowed considering the complexity of litigation, generally accepted principles governing the award of legal fees in civil actions involving the United States, and other factors that may be appropriate. This percentage must not exceed 80 percent unless an agreement under paragraph (c) has explicitly considered this limitation and permitted a higher percentage. In that case, the total amount of costs incurred may be allowable. (f) Major Fraud Act. Costs incurred by the recipient or subrecipient in connection with the defense of suits brought by its employees or ex-employees under section 2 of the Major Fraud Act of 1988 (18 U.S.C. 1031), including the cost of all relief necessary to make the employee whole, where the recipient or subrecipient was found liable or settled, are unallowable. (g) Un-allowability of costs for prosecuting claims against Federal Government. Costs for prosecuting claims against the Federal Government, including appeals of final Federal agency decisions, are unallowable. (h) Patent infringement litigation. Costs of legal, accounting, and consultant services, and related costs incurred in connection with patent infringement litigation, are unallowable unless otherwise provided for in the Federal award. (i) Potentially unallowable costs. Costs that may be unallowable under this section, including directly associated costs, must be segregated and accounted for separately. During the pendency of any proceeding covered by paragraphs (b) and (f) of this section, the Federal Government must generally withhold payment of such costs. However, if in its best interests, the Federal Government may provide for conditional payment upon provision of adequate security, or other adequate assurance, and agreement to repay all unallowable costs, plus interest, if the costs are subsequently determined to be unallowable. § 200.436 Depreciation. (a) Depreciation is the method for allocating the cost of fixed assets to periods benefitting from asset use. The recipient or subrecipient may be compensated for the use of its buildings, capital improvements, equipment, and software projects capitalized in accordance with GAAP provided that they are needed and used in the recipient's or subrecipient's activities and correctly allocated to Federal awards. The compensation must be made by computing the proper depreciation. 540 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 140 (b) The allocation for depreciation must be made in accordance with Appendices III through IX of this part. (c) Depreciation is computed applying the following rules. The computation of depreciation must be based on the acquisition cost of the assets involved. For an asset donated to the recipient or subrecipient by a third party, its fair market value at the time of the donation must be considered as the acquisition cost. Such assets may be depreciated or claimed as cost sharing but not both. When computing depreciation charges, the acquisition cost will exclude: (1) The cost of land; (2) Any portion of the cost of buildings and equipment borne by or donated by the Federal Government, irrespective of where the title was originally vested or is presently located; (3) Any portion of the cost of buildings and equipment contributed by or for the recipient or subrecipient that is already claimed as cost sharing or where law or agreement prohibits recovery; and (4) Any asset acquired solely for the performance of a non-Federal award. (d) When computing depreciation charges, the following must be observed: (1) The period of useful service or useful life established in each case for usable capital assets must take into consideration such factors as the type of construction, nature of the equipment, technological developments in the particular area, historical data, and the renewal and replacement policies followed for the individual items or classes of assets involved. (2) The depreciation method used to charge the cost of an asset (or group of assets) to accounting periods must reflect the pattern of consumption of the asset during its useful life. In the absence of clear evidence indicating that the expected consumption of the asset will be significantly greater in the early portions than in the later portions of its useful life, the straight-line method must be presumed to be the appropriate method. Once used, depreciation methods may not be changed unless approved in advance by the cognizant agency for indirect costs. The depreciation methods used to calculate the depreciation amounts for indirect cost rate purposes must be the same methods used by the recipient or subrecipient for its financial statements. (3) The entire building, including the shell and all components, may be treated as a single asset and depreciated over a single useful life. A building may also be divided into multiple components. Each component may be depreciated over its estimated useful life in this case. The building components must be grouped into three general components: building shell (including construction and design costs), building services systems (for example, elevators, HVAC, and plumbing system), and fixed equipment (for example, sterilizers, casework, fume hoods, cold rooms, and glassware/washers). A cognizant agency for indirect costs may authorize a recipient or subrecipient to use more than these three groupings in exceptional cases. When a recipient or subrecipient elects to depreciate its buildings by their components, the same depreciation method must be used for indirect and financial statements purposes, as described in paragraphs (d)(1) and (2). (4) No depreciation may be allowed on assets that have outlived their depreciable lives. (5) Where the depreciation method is introduced to replace the use allowance method, depreciation must be computed as if the asset had been depreciated over its entire life (meaning, from the date the asset was acquired and ready for use to the date of disposal or withdrawal from service). The total amount of use allowance and depreciation for an asset (including imputed depreciation applicable to periods before the conversion from the use allowance method and depreciation after the conversion) may not exceed the total acquisition cost of the asset. 541 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 141 (e) Adequate property records must support depreciation charges, and physical inventories must be taken at least once every two years to ensure that the assets exist and are usable, used, and needed. The recipient or subrecipient may use statistical sampling techniques when taking these inventories. In addition, the recipient or subrecipient must maintain adequate depreciation records showing the amount of depreciation. § 200.437 Employee health and welfare costs. (a) Costs incurred in accordance with the recipient's or subrecipient's established written policies for improving working conditions, employer-employee relations, employee health, and employee performance are allowable. (b) These costs must be equitably apportioned to all activities of the recipient or subrecipient. Income generated from these activities must be credited to the cost thereof unless such income has been irrevocably sent to employee welfare organizations. (c) Losses resulting from operating food services are allowable only if the recipient's or subrecipient's objective is to operate food services on a break-even basis. Losses sustained because of operating objectives other than the above are allowable only when: (1) The recipient or subrecipient can demonstrate unusual circumstances; and (2) Approved by the cognizant agency for indirect costs. § 200.438 Entertainment and prizes. (a) Entertainment costs. Costs of entertainment, including amusement, diversion, and social activities and any associated costs (such as gifts), are unallowable unless they have a specific and direct programmatic purpose and are included in a Federal award. (b) Prizes. Costs of prizes or challenges are allowable if they have a specific and direct programmatic purpose and are included in the Federal award. Federal agencies should refer to OMB guidance in M-10- 11 “Guidance on the Use of Challenges and Prizes to Promote Open Government,” issued March 8, 2010, or its successor. § 200.439 Equipment and other capital expenditures. (a) See § 200.1 for the definitions of capital expenditures, equipment, special purpose equipment, general purpose equipment, acquisition cost, and capital assets. (b) The following rules of allowability must apply to equipment and other capital expenditures: (1) Capital expenditures for general purpose equipment, buildings, and land are allowable as direct costs, but only with the prior written approval of the Federal agency or pass-through entity. (2) Capital expenditures for special purpose equipment are allowable as direct costs, provided that items with a unit cost of $10,000 or more have the prior written approval of the Federal agency or pass-through entity. (3) Capital expenditures for improvements to land, buildings, or equipment that materially increase their value or useful life are allowable as a direct cost, but only with the prior written approval of the Federal agency or pass-through entity. See § 200.436 on the allowability of depreciation on buildings, capital improvements, and equipment. See § 200.465 on the allowability of real property and equipment rental costs. 542 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 142 (4) When approved as a direct cost in accordance with paragraphs (b)(1) through (3), capital expenditures must be charged in the period in which the expenditure is incurred or as otherwise determined appropriate and negotiated with the Federal agency. (5) The recipient or subrecipient may claim the unamortized portion of any equipment written off as a result of a change in capitalization levels by continuing to claim the otherwise allowable depreciation on the equipment or by amortizing the amount to be written off over a period of years negotiated with the cognizant agency for indirect cost. (6) Cost of equipment disposal. If the Federal agency instructs the recipient or subrecipient to otherwise dispose of or transfer the equipment, the costs of disposal or transfer are allowable. (7) Equipment and other capital expenditures are unallowable as indirect costs. See § 200.436. § 200.440 Exchange rates. (a) Cost increases for fluctuations in exchange rates are allowable costs subject to the availability of funding. Prior approval of exchange rate fluctuations is required only when the change results in the need for additional Federal funding, or the increased costs result in the need to significantly reduce the scope of the project. Before providing approval, the Federal agency must ensure that adequate funds are available to cover currency fluctuations in order to avoid a violation of the Antideficiency Act. (b) The recipient or subrecipient is required to make reviews of local currency gains to determine the need for additional Federal funding before the expiration date of the Federal award. Subsequent adjustments for currency increases may be allowable only when the recipient or subrecipient provides the Federal agency with adequate source documentation from a commonly used source in effect at the time the expense was made, and to the extent that sufficient Federal funds are available. § 200.441 Fines, penalties, damages and other settlements. Costs resulting from recipient or subrecipient violations of, alleged violations of, or failure to comply with, Federal, State, local, tribal, or foreign laws and regulations are unallowable, except when incurred as a result of compliance with specific provisions of the Federal award, or with the prior written approval of the Federal agency. See § 200.435. § 200.442 Fundraising and investment management costs. (a) Costs of organized fundraising, including financial campaigns, endowment drives, solicitation of gifts and bequests, and similar expenses incurred to raise capital or obtain contributions, are unallowable. Fundraising costs for meeting the Federal program objectives are allowable with the prior written approval of the Federal agency. (b) Costs of investment counsel and staff and similar expenses incurred to enhance income from investments are unallowable except when associated with investments covering pension, self-insurance, or other funds, which include Federal participation allowed by this part. (c) Costs related to the physical custody and control of monies and securities are allowable. (d) Both allowable and unallowable fundraising and investment activities must be allocated an appropriate share of indirect costs in accordance with § 200.413. § 200.443 Gains and losses on the disposition of depreciable assets. 543 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 143 (a) The recipient or subrecipient must include gains and losses on the sale, retirement, or other disposition of depreciable property in the year they occur as credits or charges to the asset cost grouping(s) of the property. The amount of the gain or loss is the difference between the amount realized on the property and the undepreciated basis of the property. (b) Gains and losses from the disposition of depreciable property must not be recognized as a separate credit or charge under the following conditions: (1) The gain or loss is processed through a depreciation account and is reflected in the depreciation allowable under §§ 200.436 and 200.439. (2) The property is given in exchange as part of the purchase price of a similar item, and the gain or loss is taken into account in determining the depreciation cost basis of the new item. (3) A loss results from failing to maintain proper insurance, except as provided in § 200.447. (4) Compensation for the use of the property was provided through use allowances instead of depreciation. (5) Gains and losses arising from extraordinary or bulk sales, retirements, or other dispositions must be considered on a case-by-case basis. (c) Gains or losses of any nature arising from the sale or exchange of property other than the property covered in paragraph (a) of this section must be excluded in computing Federal award costs. (d) When assets acquired with Federal funds, in part or wholly, are disposed of, the distribution of the proceeds must be made in accordance with §§ 200.310 through 200.316. § 200.444 General costs of government. (a) For states, local governments, and Indian Tribes, the general costs of government are unallowable except as provided in § 200.475. Unallowable costs include: (1) Salaries and expenses of the Office of the Governor of a State or the chief executive of a local government or the chief executive of an Indian Tribe; (2) Salaries and other expenses of a State legislature, tribal council, or similar local governmental body, such as a county supervisor, city council, or school board, whether incurred for purposes of legislation or executive direction; (3) Costs of the judicial branch of a government; (4) Costs of prosecutorial activities unless treated as a direct cost to a specific program if authorized by statute or regulation. However, this does not preclude the allowability of other legal activities of the Attorney General as described in § 200.435; and (5) Costs of other general types of government services normally provided to the general public, such as fire and police, unless provided as a direct cost under a program statute or regulation. (b) Indian Tribes and Councils of Governments (COGs) (see definition for Local government in § 200.1) may include up to 50 percent of salaries and expenses directly attributable to managing and operating Federal programs by the chief executive and their staff in the indirect cost calculation without documentation. 544 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 144 § 200.445 Goods or services for personal use. (a) Costs of goods or services for the personal use of the recipient's or subrecipient's employees are unallowable regardless of whether the cost is reported as taxable income to the employees. (b) Housing costs (for example, depreciation, maintenance, utilities, furnishings, rent), housing allowances, and personal living expenses for the recipient's or subrecipient's employees are only allowable as direct costs and must be approved in advance by the Federal agency. § 200.446 Idle facilities and idle capacity. (a) Definitions for the purpose of this section: (1) Facilities means land and buildings or any portion thereof, equipment individually or collectively, or any other tangible capital asset, wherever located, and whether owned or leased by the recipient or subrecipient. (2) Idle facilities mean completely unused facilities that exceed the recipient's or subrecipient's current needs. (3) Idle capacity means the unused capacity of partially used facilities. It is the difference between: (i) That which a facility could achieve under 100 percent operating time on a one-shift basis less operating interruptions resulting from time lost for repairs, setups, unsatisfactory materials, and other normal delays; and (ii) The extent to which the facility was actually used to meet demands during the accounting period. A multi-shift basis should be used if it can be shown that this amount of usage would normally be expected for the type of facility involved. (4) Cost of idle facilities or idle capacity means maintenance, repair, housing, rent, and other related costs (for example, insurance, interest, and depreciation). These costs could include the costs of idle public safety emergency facilities, telecommunications, or information technology system capacity that is built to withstand major fluctuations in load (for example, consolidated data centers). (b) The costs of idle facilities are unallowable except to the extent that: (1) They are necessary to meet workload requirements which may fluctuate, and are allocated appropriately to all benefiting programs; or (2) Although not necessary to meet fluctuations in workload, they were necessary when acquired and are now idle because of changes in program requirements, efforts to achieve more economical operations, reorganization, termination, or other causes which could not have been reasonably foreseen. Under this exception, costs of idle facilities are allowable for a reasonable period, ordinarily not to exceed one year, depending on the initiative taken to use, lease, or dispose of such facilities. (c) The costs of idle capacity are normal costs of doing business and are a factor in the normal fluctuations of usage or indirect cost rates from period to period. These costs are allowable, provided that the capacity is reasonably anticipated to be necessary to carry out the purpose of the Federal award or was originally reasonable and is not subject to reduction or elimination by use on other Federal awards, subletting, renting, or sale, in accordance with sound business, economic, or security practices. Widespread idle capacity throughout an entire facility or among a group of assets having substantially the same function may be considered idle facilities. 545 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 145 § 200.447 Insurance and indemnification. (a) Costs of insurance required or approved and maintained by the terms and conditions of the Federal award are allowable. (b) Costs of other insurance in connection with the general conduct of activities are allowable subject to the following limitations: (1) The types, extent, and cost of coverage are in accordance with the recipient's or subrecipient's established written policy and sound business practices. (2) Costs of insurance or contributions to any reserve covering the risk of loss of, or damage to, Federal Government property are unallowable except to the extent that the Federal agency has approved the costs. (3) Costs allowed for business interruption or other similar insurance must exclude coverage of management fees. (4) Insurance costs on the lives of trustees, officers, or other employees holding positions of similar responsibilities are allowable only when the insurance represents additional compensation (see § 200.431). This insurance is unallowable when the recipient or subrecipient is identified as the beneficiary. (5) Insurance costs to correct defects in the recipient's or subrecipient's materials or workmanship are unallowable. (6) Medical liability (malpractice) insurance is an allowable cost of a Federal research program only when the program involves human subjects or training of participants in research techniques. Medical liability insurance costs must be treated as a direct cost and assigned to individual projects based on how the insurer allocates the risk to the population covered by the insurance. (c) Actual losses which could have been covered by permissible insurance (through a self-insurance program or otherwise) are unallowable unless expressly authorized in the Federal award. However, costs incurred because of losses not covered under nominal deductible insurance coverage provided in keeping with sound management practice, and minor losses not covered by insurance, such as spoilage, breakage, and disappearance of small hand tools, which occur in the ordinary course of operations, are allowable. (d) Contributions to a reserve for a self-insurance program, including workers' compensation, unemployment compensation, and severance pay, are allowable subject to the following requirements: (1) The type, extent, and cost of coverage and the rates and premiums would have been allowed had insurance (including reinsurance) been purchased to cover the risks. However, a provision for known or reasonably estimated self-insured liabilities, which do not become payable for more than one year after the provision is made, must not exceed the discounted present value of the liability. The rate used for discounting the liability must be determined by considering factors such as the recipient's or subrecipient's settlement rate for those liabilities and its investment rate of return. (2) Earnings or investment income on reserves must be credited to those reserves. (3) (i) Contributions to reserves must be based on sound actuarial principles using historical experience and reasonable assumptions. Reserve levels must be analyzed and updated at least biennially for each major risk being insured and take into account any reinsurance, coinsurance, and other relevant factors or information. Reserve levels related to employee-related coverages must normally be limited to the value of claims: 546 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 146 (A) Submitted and adjudicated but not paid; (B) Submitted but not adjudicated; and (C) Incurred but not submitted. (ii) Reserve exceeding the levels described in paragraph (d)(3)(i) of this section must be identified and justified in the cost allocation plan or indirect cost rate proposal. (4) Accounting records, actuarial studies, and cost allocations (or billings) must recognize any significant differences due to the types of insured risk and losses generated by the various insured activities or agencies of the recipient or subrecipient. If individual departments or agencies of the recipient or subrecipient experience significantly different levels of claims for a particular risk, those differences must be recognized by using separate allocations or other techniques resulting in an equitable allocation. (5) Whenever funds are transferred from a self-insurance reserve to other accounts (for example, general fund or unrestricted account), refunds must be made to the Federal Government for its share of funds transferred, including earned or imputed interest from the date of transfer and debt interest, if applicable, chargeable in accordance with the claims collection regulations of the cognizant agency for indirect cost. (e) Insurance refunds must be credited against insurance costs in the year the refund is received. (f) Indemnification includes securing the recipient or subrecipient against liabilities to third persons and other losses not compensated by insurance or otherwise. The Federal Government is obligated to indemnify the recipient or subrecipient only to the extent expressly provided for in the Federal award, except as provided in paragraph (c). § 200.448 Intellectual property. (a) Patent and copyright costs. (1) The following costs related to securing patents and copyrights are allowable: (i) Costs of preparing disclosures, reports, and other documents required by the Federal award and of searching the art to the extent necessary to make such disclosures; (ii) Costs of preparing documents and any other patent costs in connection with the filing and prosecution of a United States patent application where the Federal Government requires that a title or a royalty-free license be conveyed to the Federal Government; and (iii) General counseling services relating to patent and copyright matters, such as advice on patent and copyright laws, regulations, clauses, and employee intellectual property agreements (See § 200.459). (2) The following costs related to securing patents and copyrights are unallowable: (i) Costs of preparing disclosures, reports, and other documents and of searching the art to make disclosures not required by the Federal award; (ii) Costs in connection with filing and prosecuting any foreign patent application, or any United States patent application, where the Federal award does not require conveying title or a royalty-free license to the Federal Government. (b) Royalties and other costs for the use of patents and copyrights. 547 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 147 (1) Royalties on a patent or copyright or amortization of the cost of acquiring by purchase a copyright, patent, or rights thereto, necessary for the proper performance of the Federal award are allowable unless: (i) The Federal Government already has a license or the right to free use of the patent or copyright. (ii) The patent or copyright has been adjudicated to be invalid or administratively determined to be invalid. (iii) The patent or copyright is considered to be unenforceable. (iv) The patent or copyright is expired. (2) Special care should be exercised in determining reasonableness when the royalties may have been obtained as a result of less-than-arm's-length bargaining, such as: (i) Royalties paid to persons, including corporations, affiliated with the recipient or subrecipient. (ii) Royalties paid to unaffiliated parties, including corporations, under an agreement entered into in contemplation that a Federal award would be made. (iii) Royalties paid under an agreement entered into after a Federal award is made to a recipient or subrecipient. (3) In any case involving a patent or copyright formerly owned by the recipient or subrecipient, the amount of royalty allowed must not exceed the cost which would have been allowed had the recipient or subrecipient retained ownership. § 200.449 Interest. (a) General. Costs incurred for interest on borrowed capital, temporary use of endowment funds, or the use of the recipient's or subrecipient's own funds are unallowable. Financing costs (including interest) to acquire, construct, or replace capital assets are allowable, subject to the requirements of this section. (b) Capital assets. (1) Capital assets is defined in § 200.1. An asset cost includes (as applicable) acquisition costs, construction costs, and other costs capitalized in accordance with GAAP. (2) For recipient or subrecipient fiscal years beginning on or after January 1, 2016, intangible assets include patents and computer software. For software development projects, only interest attributable to the portion of the project costs capitalized in accordance with GAAP is allowable. (c) Requirements for all recipients and subrecipients. (1) The recipient or subrecipient uses the capital assets in support of Federal awards; (2) The allowable asset costs to acquire facilities and equipment are limited to a fair market value available to the recipient or subrecipient from an unrelated (arm's length) third party. (3) The recipient or subrecipient obtains the financing via an arm's-length transaction (meaning, a transaction with an unrelated third party); or claims reimbursement of actual interest cost at a rate available via such a transaction. 548 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 148 (4) The recipient or subrecipient limits claims for Federal reimbursement of interest costs to the least expensive alternative. For example, a lease contract that transfers ownership by the end of the contract may be determined less costly than purchasing through other types of debt financing, in which case reimbursement must be limited to the amount of interest determined if leasing had been used. (5) The recipient or subrecipient expenses or capitalizes allowable interest cost in accordance with GAAP. (6) Earnings generated by the investment of borrowed funds pending their disbursement for the asset costs are used to offset the current period's allowable interest cost, whether that cost is expensed or capitalized. Earnings subject to being reported to the Federal Internal Revenue Service under arbitrage requirements are excludable. (7) The following conditions must apply to debt arrangements over $1 million to purchase or construct facilities unless the recipient or subrecipient makes an initial equity contribution to the purchase of 25 percent or more. For this purpose, “initial equity contribution” means the amount or value of contributions made by the recipient or subrecipient for the acquisition of facilities prior to occupancy. (i) The recipient or subrecipient must reduce claims for reimbursement of interest cost by an amount equal to imputed interest earnings on excess cash flow attributable to the portion of the facility used for Federal awards. (ii) The recipient or subrecipient must impute interest on excess cash flow as follows: (A) Annually, the recipient or subrecipient must prepare a cumulative (from the project's inception) report of monthly cash inflows and outflows, regardless of the funding source. For this purpose, inflows consist of Federal reimbursement for depreciation, amortization of capitalized construction interest, and annual interest cost. Outflows consist of initial equity contributions, debt principal payments (less the pro-rata share attributable to the cost of land), and interest payments. (B) To compute monthly cash inflows and outflows, the recipient or subrecipient must divide the above- mentioned annual amounts by the months in the year (usually 12) that the building is in service. (C) For any month in which cumulative cash inflows exceed cumulative outflows, interest must be calculated on the excess inflows for that month and be treated as a reduction to allowable interest cost. The interest rate to be used must be the three-month Treasury bill closing rate as of the last business day of that month. (8) Interest attributable to a fully depreciated asset is unallowable. (d) Additional requirements for states, local governments and Indian Tribes. For interest costs to be allowable for states, local governments, and Indian Tribes, the recipient or subrecipient must have incurred the interest costs for buildings after October 1, 1980, or after September 1, 1995, for land and equipment. (1) The requirement to offset the interest earned on borrowed funds against allowable interest cost (paragraph (c)(5) of this section) also applies to earnings on debt service reserve funds. (2) The recipient or subrecipient must negotiate the amount of allowable interest cost related to the acquisition of facilities with asset costs of $1 million or more, as described in paragraph (c)(7) of this section. For this purpose, a recipient or subrecipient must consider only cash inflows and outflows attributable to that portion of the real property used for Federal awards. (e) Additional requirements for IHEs. For interest costs to be allowable, the IHE must have incurred the interest costs after July 1, 1982, in connection with acquisitions of capital assets that occurred after that date. 549 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 149 (f) Additional requirements for nonprofit organizations. For interest costs to be allowable, the nonprofit organization must have incurred the interest costs after September 29, 1995, in connection with acquisitions of capital assets that occurred after that date. (g) Requirements for nonprofit organizations subject to full coverage under CAS. The interest allowability provisions of this section do not apply to a nonprofit organization subject to “full coverage” under the Cost Accounting Standards (CAS), as defined at 48 CFR 9903.201-2(a). The nonprofit organization's Federal awards are instead subject to CAS 414 (48 CFR 9904.414), “Cost of Money as an Element of the Cost of Facilities Capital,” and CAS 417 (48 CFR 9904.417), “Cost of Money as an Element of the Cost of Capital Assets Under Construction.” § 200.450 Lobbying. (a) Lobbying costs associated with obtaining Federal assistance awards. The costs of certain influencing activities associated with obtaining grants, cooperative agreements, contracts, or loans are unallowable. Lobbying with respect to certain grants, cooperative agreements, contracts, and loans is governed by relevant statutes, including the provisions of 31 U.S.C. 1352, as well as the common rule, “New Restrictions on Lobbying,” published on February 26, 1990, including definitions, and the Office of Management and Budget “Government-wide Guidance for New Restrictions on Lobbying” and notices published on December 20, 1989, June 15, 1990, January 15, 1992, and January 19, 1996. (b) Executive lobbying costs. Costs incurred in attempting to improperly influence, either directly or indirectly, an employee or officer of the executive branch of the Federal Government to give consideration or to act regarding a Federal award or a regulatory matter are unallowable. Improper influence means any influence that induces or tends to induce a Federal employee or officer to give consideration or to act regarding a Federal award or regulatory matter on any basis other than the merit. (c) Restrictions on nonprofit organizations and IHEs. In addition, the following restrictions apply to nonprofit organizations and IHEs: (1) Costs associated with the following activities are unallowable: (i) Attempts to influence the outcomes of any Federal, State, or local election, referendum, initiative, or similar procedure through in-kind or cash contributions, endorsements, publicity, or similar activity; (ii) Establishing, administering, contributing to, or paying the expenses of a political party, campaign, political action committee, or other organization established to influence the outcomes of elections in the United States; (iii) Any attempt to influence: (A) The introduction of Federal or State legislation; (B) The enactment or modification of any pending Federal or State legislation through communication with any member or employee of the Congress or State legislature (including efforts to influence State or local officials to engage in similar lobbying activity); (C) The enactment or modification of any pending Federal or State legislation by preparing, distributing, or using publicity or propaganda or by urging members of the general public, or any segment thereof, to contribute to or participate in any mass demonstration, march, rally, fundraising drive, lobbying campaign or letter writing or telephone campaign; or (D) Any government official or employee in connection with a decision to sign or veto enrolled legislation; 550 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 150 (iv) Legislative liaison activities, including attendance at legislative sessions or committee hearings, gathering information regarding legislation, and analyzing the effect of legislation, when such activities are carried on in support of or in knowing preparation for an effort to engage in unallowable lobbying. (2) The following activities are excepted from the coverage of paragraph (c)(1) of this section: (i) Technical and factual presentations on topics directly related to the performance of a grant, contract, or other agreement (through hearing testimony, statements, or letters to the Congress or a State legislature, or subdivision, member, or cognizant staff member thereof), in response to a documented request (including a Congressional Record notice requesting testimony or statements for the record at a regularly scheduled hearing) made by the recipient's or subrecipient's member of congress, legislative body, subdivision, or a cognizant staff member thereof, provided such information is readily obtainable and can be readily put in deliverable form, and further provided that costs under this section for travel, lodging or meals are unallowable unless incurred to offer testimony at a regularly scheduled Congressional hearing pursuant to a written request for such presentation made by the Chairman or Ranking Minority Member of the Committee or Subcommittee conducting such hearings; (ii) Any lobbying made unallowable by paragraph (c)(1)(iii) of this section to influence State legislation to directly reduce the cost, or to avoid material impairment of the recipient's or subrecipient's authority to perform the grant, contract, or other agreement; (iii) Any activity specifically authorized by statute to be undertaken with funds from the Federal award; or (iv) Any activity excepted from the definitions of “lobbying” or “influencing legislation” by the Internal Revenue Code provisions that require nonprofit organizations to limit their participation in direct and “grass roots” lobbying activities to retain their charitable deduction status and avoid punitive excise taxes, 26 U.S.C. (I.R.C.) 501(c)(3), 501(h), 4911(a), including: (A) Nonpartisan analysis, study, or research reports; (B) Examinations and discussions of broad social, economic, and similar problems; and (C) Information provided upon request by a legislator for technical advice and assistance, as defined by I.R.C. 4911(d)(2) and 26 CFR 56.4911-2(c)(1) through (c)(3). (3) When a recipient or subrecipient seeks reimbursement for indirect costs, total lobbying costs must be identified separately in the indirect cost rate proposal and thereafter be treated as other unallowable activity costs in accordance with § 200.413. (4) The recipient or subrecipient must submit a certification that the requirements and standards of this section have been complied with as part of its annual indirect cost rate proposal. (See § 200.415.) (5) (i) Time logs, calendars, or similar records are not required to be created for purposes of complying with the record-keeping requirements in § 200.302 with respect to lobbying costs during a particular calendar month when: (A) The employee engages in lobbying (as defined in paragraphs (c)(1) and (2) of this section) for 25 percent or less of the employee's compensated hours of employment during that calendar month; and (B) Within the preceding five-year period, the recipient or subrecipient has not materially misstated allowable or unallowable costs of any nature, including legislative lobbying costs. 551 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 151 (ii) When conditions in paragraph (c)(5)(i)(A) and (B) of this section are met, recipients and subrecipients are not required to establish records to support the allowability of claimed costs in addition to records already required or maintained. Also, when conditions in paragraphs (c)(5)(i)(A) and (B) of this section are met, the absence of time logs, calendars, or similar records will not serve as a basis for disallowing costs by contesting estimates of lobbying time spent by employees during a calendar month. (iii) In consultation with OMB, the Federal agency must establish procedures for resolving, in advance, any significant questions or disagreements concerning the interpretation or application of this section. Any such advance resolutions must be binding in any subsequent settlements, audits, or investigations with respect to that grant or contract for purposes of interpretation of this part, provided, however, that this must not be construed to prevent a contractor or recipient or subrecipient from contesting the lawfulness of such a determination. § 200.451 Losses on other awards or contracts. Any excess costs over income under any other award or contract of any nature is unallowable. This includes, but is not limited to, the recipient's or subrecipient's contributed portion by reason of cost sharing agreements or any under-recoveries through negotiation of flat amounts for indirect costs. Also, any excess of costs over authorized funding levels transferred from any award or contract to another is unallowable. All losses are not allowable indirect costs and must be included in the appropriate indirect cost rate base for allocating indirect costs. § 200.452 Maintenance and repair costs. Costs incurred for utilities, insurance, security, necessary maintenance, janitorial services, repair, or upkeep of buildings and equipment (including Federal property unless otherwise provided for) which neither add to the permanent value of the property nor appreciably prolong its intended life, but keep it in an efficient operating condition, are allowable. Costs incurred for improvements that add to the permanent value of the buildings and equipment or appreciably prolong their intended life must be treated as capital expenditures (see § 200.439). These costs are only allowable to the extent not paid through rental or other agreements. § 200.453 Materials and supplies costs, including costs of computing devices. (a) Costs incurred for materials, supplies, and fabricated parts necessary for the performance of a Federal award are allowable. (b) Purchased materials and supplies must be charged at their actual prices, net of applicable credits. Withdrawals from general stores or stockrooms must be charged at their actual net cost under any recognized method of pricing inventory withdrawals, consistently applied. Incoming transportation charges are an allowable part of materials and supplies costs. (c) Materials and supplies used for the performance of a Federal award may be charged as direct costs. Charging computing devices as direct costs is allowable for devices that are essential and allocable, but not solely dedicated, to the performance of a Federal award. (d) Where Federally-donated or furnished materials are used in performing the Federal award, the materials will be used without charge. § 200.454 Memberships, subscriptions, and professional activity costs. (a) Costs of the recipient's or subrecipient's membership in business, technical, and professional organizations are allowable. 552 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 152 (b) Costs of the recipient's or subrecipient's subscriptions to business, professional, and technical periodicals are allowable. (c) Costs of membership in any civic or community organization are allowable. (d) Costs of membership in any country club or social or dining club or organization are unallowable. (e) Costs of membership in organizations whose primary purpose is lobbying are unallowable. See § 200.450. § 200.455 Organization costs. (a) Costs such as incorporation fees, brokers' fees, fees to promoters, organizers or management consultants, attorneys, accountants, or investment counselors, whether or not employees of the recipient or subrecipient in connection with the establishment or reorganization of an organization, are unallowable except with prior approval of the Federal agency. (b) The costs of any of the following activities are unallowable: activities undertaken to persuade employees of the recipient or subrecipient, or any other entity, to exercise or not to exercise, or concerning the manner of exercising, the right to organize and bargain collectively through representatives of the employees' own choosing. (c) The costs related to data and evaluation are allowable. Data costs include (but are not limited to) the expenditures needed to gather, store, track, manage, analyze, disaggregate, secure, share, publish, or otherwise use data to administer or improve the program, such as data systems, personnel, data dashboards, cybersecurity, and related items. Data costs may also include direct or indirect costs associated with building integrated data systems—data systems that link individual-level data from multiple State and local government agencies for purposes of management, research, and evaluation. Evaluation costs include (but are not limited to) evidence reviews, evaluation planning and feasibility assessment, conducting evaluations, sharing evaluation results, and other personnel or materials costs related to the effective building and use of evidence and evaluation for program design, administration, or improvement. § 200.456 Participant support costs. Participant support costs are allowable (see § 200.1). The classification of items as participant support costs must be documented in the recipient's or subrecipient's written policies and procedures and treated consistently across all Federal awards. § 200.457 Plant and security costs. Necessary and reasonable expenses incurred for the protection and security of facilities, personnel, and work products are allowable. Such costs include, but are not limited to, wages and uniforms of personnel engaged in security activities; equipment; barriers; protective (non-military) gear, devices, and equipment; contractual security services; and consultants. Capital expenditures for plant security purposes are subject to § 200.439. § 200.458 Pre-award costs. Pre-award costs are those incurred before the start date of the Federal award or subaward directly pursuant to the negotiation and in anticipation of the Federal award where such costs are necessary for efficient and timely performance of the scope of work. These costs are allowable only to the extent that they would have been allowed if incurred after the start date of the Federal award and only with the written approval of the Federal agency. If approved, these costs must be charged to the initial budget period of the Federal award unless otherwise specified by the Federal agency or pass-through entity. 553 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 153 § 200.459 Professional service costs. (a) Costs of professional and consultant services rendered by persons who are members of a particular profession or possess a special skill and who are not officers or employees of the recipient or subrecipient are allowable, subject to paragraphs (b) and (c) of this section when reasonable in relation to the services rendered and when not contingent upon recovery of the costs from the Federal Government. In addition, legal and related services are limited under § 200.435. (b) In determining the allowability of costs in a particular case, no single factor or any combination of factors is necessarily determinative. However, the following factors are relevant: (1) The nature and scope of the service rendered in relation to the service required. (2) The necessity of contracting for the service, considering the recipient's or subrecipient's capability in the particular area. (3) The past pattern of such costs, particularly in the years prior to receiving a Federal award(s). (4) The impact of Federal awards on the recipient's or subrecipient's business (meaning, what new problems have arisen). (5) Whether the proportion of Federal work to the recipient's or subrecipient's total business influences the recipient or subrecipient in favor of incurring the cost, particularly where the services rendered are not of a continuing nature and have little relationship to work under Federal awards. (6) Whether the service can be performed more economically by direct employment rather than contracting. (7) The qualifications of the individual or entity providing the service and the customary fees charged, especially on non-federally funded activities. (8) Adequacy of the contractual agreement for the service (for example, description of the service, estimate of the time required, rate of compensation, and termination provisions). (c) To be allowable, retainer fees must be supported by evidence of bona fide services available or rendered in addition to the factors in paragraph (b) of this section. § 200.460 Proposal costs. Proposal costs are the costs of preparing bids, proposals, or applications on potential Federal and non- Federal awards or projects, including developing data necessary to support the recipient's or subrecipient's bids or proposals. Proposal costs of the current accounting period of both successful and unsuccessful bids and proposals normally should be treated as indirect costs and allocated to all current activities of the recipient or subrecipient. No proposal costs of past accounting periods may be allocated to the current period. § 200.461 Publication and printing costs. (a) Publication costs for electronic and print media, including distribution, promotion, and general handling, are allowable. These costs should be allocated as indirect costs to all benefiting activities of the recipient or subrecipient if they are not identifiable with a particular cost objective. 554 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 154 (b) Page charges, article processing charges (APCs), or similar fees such as open access fees for professional journal publications and other peer-reviewed publications resulting from a Federal award are allowable where: (1) The publications report work supported by the Federal Government; and (2) The charges are levied impartially on all items published by the journal, whether or not under a Federal award. (3) The recipient or subrecipient may charge the Federal award during closeout for the costs of publication or sharing of research results if the costs were not incurred during the period of performance of the Federal award. These costs must be charged to the final budget period of the award unless otherwise specified by the Federal agency. § 200.462 Rearrangement and reconversion costs. (a) Costs incurred for ordinary and normal rearrangement and alteration of facilities are allowable as indirect costs. Special arrangements and alterations are allowable as a direct cost if the costs are incurred specifically for a Federal award and with the prior approval of the Federal agency or pass-through entity. (b) Costs incurred in restoring or rehabilitating the recipient's or subrecipient's facilities to approximately the same condition existing immediately before the commencement of a Federal award(s), less costs related to normal wear and tear, are allowable. § 200.463 Recruiting costs. (a) Subject to paragraphs (b) and (c) of this section, and provided that the size of the staff recruited and maintained is in keeping with workload requirements, costs of “help wanted” advertising, operating costs of an employment office necessary to secure and maintain adequate staff, costs of operating an aptitude and educational testing program, travel costs of employees while engaged in recruiting personnel, travel costs of applicants for interviews for prospective employment, and relocation costs incurred incident to recruitment of new employees, are allowable to the extent that such costs are incurred pursuant to the recipient's or subrecipient's standard recruitment program. When the recipient or subrecipient uses employment agencies, costs not in excess of standard commercial rates for such services are allowable. (b) Special emoluments, fringe benefits, and salary allowances incurred to attract professional personnel that do not meet the test of reasonableness or do not conform with the established practices of the recipient or subrecipient, are unallowable. (c) If relocation costs incurred incident to recruitment of a new employee have been funded in whole or in part by a Federal award, and the newly hired employee resigns for reasons within the employee's control within 12 months after hire, the recipient or subrecipient must refund or credit the Federal Government for its share of those relocation costs. See § 200.464. (d) Short-term visas (as opposed to longer-term immigration visas) are generally an allowable cost and they may be proposed as a direct cost because they are issued for a specific period and purpose and can be clearly identified as directly connected to work performed on a Federal award. For these costs to be directly charged to a Federal award, they must: (1) Be critical and necessary for the conduct of the project; (2) Be allowable under the applicable cost principles; 555 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 155 (3) Be consistent with the recipient's or subrecipient's cost accounting practices and established written policy; and (4) Meet the definition of “direct cost” as described in the applicable cost principles. § 200.464 Relocation costs of employees. (a) Relocation costs are costs incident to the permanent change of duty assignment (for an indefinite period or a stated period of not less than 12 months) of an existing employee or upon recruitment of a new employee. Relocation costs are allowable, subject to the limitations described in paragraphs (b), (c), and (d) of this section, provided that: (1) The move is for the benefit of the employer. (2) Reimbursement to the employee is in accordance with an established written policy consistently followed by the employer. (3) The reimbursement does not exceed the employee's actual (or reasonably estimated) expenses. (b) Allowable relocation costs for current employees are limited to the following: (1) The costs of transportation of the employee, members of their immediate family and their household, and personal effects to the new location. (2) The costs of finding a new home, such as advance trips by employees and spouses to locate living quarters and temporary lodging during the transition period, up to a maximum period of 30 calendar days. (3) Closing costs, such as brokerage, legal, and appraisal fees, incidental to the disposition of the employee's former home. These costs, together with those described in paragraph (b)(4) of this section, are limited to eight percent of the sales price of the employee's former home. (4) The continuing costs of ownership (for up to six months) of the vacant former home after the settlement or lease date of the employee's new permanent home, such as maintenance of buildings and grounds (exclusive of fixing-up expenses), utilities, taxes, and property insurance. (5) Other necessary and reasonable expenses normally incident to relocation, such as canceling an unexpired lease, transportation of personal property, and purchasing insurance against loss of or damages to personal property. The cost of canceling an unexpired lease is limited to three times the monthly rental. (c) Allowable relocation costs for new employees are limited to those described in paragraphs (b)(1) and (2) of this section. If relocation costs incurred incident to the recruitment of a new employee have been funded in whole or in part by a Federal award, and the newly hired employee resigns for reasons within the employee's control within 12 months after hire, the recipient or subrecipient must refund or credit the Federal Government for its share of the cost. If a new employee is relocating to an overseas location and dependents are not permitted for any reason, and the costs do not include transporting household goods, the costs must be considered travel costs in accordance with § 200.474, not relocation costs under this section. (d) The following costs related to relocation are unallowable: (1) Fees and other costs associated with acquiring a new home. (2) A loss on the sale of a former home. 556 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 156 (3) Continuing mortgage principal and interest payments on a home being sold. (4) Income taxes paid by an employee related to reimbursed relocation costs. § 200.465 Rental costs of real property and equipment. (a) Subject to the limitations described in paragraphs (b) through (d) of this section, rental costs are allowable to the extent that the rates are reasonable in light of such factors as costs of comparable rental properties; market conditions in the area; alternatives available; and the type, life expectancy, condition, and value of the property leased. Rental arrangements should be reviewed periodically to determine if circumstances have changed and if other options are available. (b) Rental costs under “sale and lease back” arrangements are allowable only up to the amount that would have been allowed if the recipient or subrecipient had continued to own the property. This amount would include expenses such as depreciation, maintenance, taxes, and insurance. (c) Rental costs under “less-than-arm's-length” leases are allowable only up to the amount described in paragraph (b) of this section. For this purpose, a less-than-arm's-length lease is one under which one party to the lease agreement can control or substantially influence the actions of the other. Such leases include, but are not limited to, those between: (1) Divisions of the recipient or subrecipient; (2) The recipient or subrecipient and another entity under common control through common officers, directors, or members; and (3) The recipient or subrecipient and a director, trustee, officer, or key employee of the recipient or subrecipient or an immediate family member, either directly or through corporations, trusts, or similar arrangements in which they hold a controlling interest. For example, the recipient or subrecipient may establish a separate corporation to own property and lease it back to the recipient or subrecipient. (4) Family members include one party with any of the following relationships to another party: (i) Spouse and parents thereof; (ii) Children and spouses thereof; (iii) Parents and spouses thereof; (iv) Siblings and spouses thereof; (v) Grandparents and grandchildren and spouses thereof; (vi) Domestic partner and parents thereof, including domestic partners of any individual in 2 through 5 of this definition; and (vii) Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship. (d) Rental costs under leases which are required to be accounted for as a financed purchase under GASB standards or a finance lease under FASB standards are allowable only up to the amount (described in paragraph (b) of this section) that would have been allowed if the recipient or subrecipient had purchased the property on the date the lease agreement was executed. Interest costs related to these leases are 557 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 157 allowable if they meet the criteria in § 200.449. Unallowable costs include costs that would not have been incurred if the recipient or subrecipient had purchased the property, such as amounts paid for profit, management fees, and taxes. (e) Rental or lease payments are allowable under lease contracts where the recipient or subrecipient is required to recognize an intangible right-to-use lease asset under GASB standards or right-of-use operating lease asset under FASB standards for purposes of financial reporting in accordance with GAAP. (f) The rental of any property owned by any individuals or entities affiliated with the recipient or subrecipient, including commercial or residential real estate, for purposes such as the home office is unallowable. § 200.466 Scholarships, student aid costs, and tuition remission. (a) Costs of scholarships, fellowships, and student aid programs at IHEs are allowable only when the purpose of the Federal award is to provide training to participants, and the Federal agency approves the cost. (b) Tuition remission and other forms of compensation paid as, or instead of, wages to students performing necessary work are allowable provided that: (1) The individual is conducting activities necessary to the Federal award; (2) Tuition remission and other support are provided in accordance with the established written policy of the IHE and consistently provided in a like manner to students in return for similar activities conducted under Federal awards as well as other activities; and (3) The student is enrolled in an advanced degree program at the IHE or an affiliated institution during the academic period and the student's activities under the Federal award are related to their degree program; (4) The tuition or other payments are reasonable compensation for the work performed and are conditioned explicitly upon the performance of necessary work; and (5) The IHE compensates students under Federal awards as well as other activities in similar manners. (c) Charges for tuition remission and other forms of compensation paid to students as, or instead of, salaries and wages are subject to the reporting requirements in § 200.430. The charges must be treated as a direct or indirect cost in accordance with the actual work performed. Tuition remission may be charged on an average rate basis. See § 200.431. § 200.467 Selling and marketing costs. Costs of selling and marketing any products or services of the recipient or subrecipient are unallowable unless they are allowed under § 200.421 and are necessary to meet the requirements of the Federal award. § 200.468 Specialized service facilities. (a) The costs of services provided by highly complex or specialized facilities operated by the recipient or subrecipient are allowable provided the charges for the services meet the conditions of either paragraph (b) or (c) of this section and take into account any items of income or Federal financing that qualify as applicable credits under § 200.406. These costs include charges for facilities such as computing facilities, wind tunnels, and reactors. 558 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 158 (b) The costs of such services, when material, must be charged directly to the applicable Federal awards based on actual usage of the services on the basis of a schedule of rates or established methodology that: (1) Does not discriminate between activities under Federal awards and other activities of the recipient or subrecipient, including usage by the recipient or subrecipient for internal purposes; and (2) Is designed to recover only the aggregate costs of the services. Each service's costs must normally consist of its direct costs and an allocable share of all indirect costs. Rates must be adjusted at least biennially and must consider any over or under-applied costs of the previous period(s). (c) Where the costs incurred for a service are not material, they may be allocated as indirect costs. (d) Under extraordinary circumstances, the cognizant agency for indirect costs and the recipient or subrecipient may negotiate and establish an alternative costing arrangement if it is in the Federal Government's best interest. § 200.469 Student activity costs. Costs incurred for intramural activities, student publications, student clubs, and other student activities are unallowable unless expressly authorized in the Federal award. § 200.470 Taxes (including Value Added Tax). (a) For States, local governments, and Indian Tribes. (1) Taxes that a governmental unit is legally required to pay are allowable, except for self-assessed taxes that disproportionately affect Federal programs or changes in tax policies that disproportionately affect Federal programs. (2) Gasoline taxes, motor vehicle fees, and other taxes that are, in effect, user fees for benefits provided to the Federal Government are allowable. (3) This provision does not restrict the authority of the Federal agency to identify taxes where Federal participation is inappropriate. The cognizant agency for indirect costs may accept a reasonable approximation in circumstances where determining the amount of unallowable taxes would require an excessive amount of effort. (b) For nonprofit organizations and IHEs. (1) Taxes that the recipient or subrecipient is required to pay and which are paid or accrued in accordance with GAAP are generally allowable. These costs include payments made to local governments instead of taxes and that are commensurate with the local government services received. The following taxes are unallowable: (i) Taxes for which exemptions are available to the recipient or subrecipient directly or which are available to the recipient or subrecipient based on an exemption afforded the Federal Government and, in the latter case, when the Federal agency makes available the necessary exemption certificates; (ii) Special assessments on land which represent capital improvements; and (iii) Federal income taxes. 559 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 159 (2) Any refund of taxes and interest thereon, which were allowed as Federal award costs, must be credited to the Federal Government as a cost reduction or cash refund, as appropriate. However, any interest paid or credited to a recipient or subrecipient incident to a refund of tax, interest, and penalty will be paid or credited to the Federal Government only to the extent that such interest accrued over the period during which the Federal Government has reimbursed the recipient or subrecipient for the taxes, interest, and penalties. (c) Value Added Tax (VAT). Foreign taxes charged for procurement transactions that a recipient or subrecipient is legally required to pay in a country are allowable. Foreign tax refunds or applicable credits under Federal awards refer to receipts or reduction of expenditures, which operate to offset or reduce expense items that are allocable to Federal awards as direct or indirect costs. To the extent that such credits accrued or received by the recipient or subrecipient relate to allowable cost, these costs must be credited to the Federal agency as a cost reduction or cash refunds, as appropriate. In cases where the costs are credited back to the Federal award, the recipient or subrecipient may reduce the Federal share of costs by the amount of the foreign tax reimbursement, or where Federal award has not expired, the Federal agency may allow the recipient or subrecipient to use the foreign government tax refund for approved activities under the Federal award. § 200.471 Telecommunication and video surveillance costs. (a) Costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, and cloud servers are allowable except for the following circumstances: (b) Obligating or expending covered telecommunications and video surveillance services or equipment or services as described in § 200.216 to: (1) Procure or obtain, extend or renew a contract to procure or obtain; (2) Enter into a contract (or extend or renew a contract) to procure; or (3) Obtain the equipment, services, or systems. § 200.472 Termination and standard closeout costs. (a) Termination Costs. Termination of a Federal award generally gives rise to the incurrence of costs or the need for special treatment of costs, which would not have arisen had the Federal award not been terminated. Cost principles covering these items are set forth in this section. They must be used in conjunction with the other termination requirements of this part. (1) The cost of items reasonably usable on the recipient's or subrecipient's other work is unallowable unless the recipient or subrecipient submits evidence that it would not retain such items without sustaining a loss. In deciding whether such items are reasonably usable on other work of the recipient or subrecipient, the Federal agency or pass-through entity should consider the recipient's or subrecipient's plans and orders for current and scheduled activity. Contemporaneous purchases of common items by the recipient or subrecipient must be considered evidence that the items are reasonably usable on the recipient's or subrecipient's other work. Any acceptance of common items as allocable to the terminated portion of the Federal award must be limited to the extent that the quantities of such items on hand, in transit, and on order do not exceed the reasonable quantitative requirements of other work. (2) If the recipient or subrecipient cannot discontinue certain costs immediately after the effective termination date, despite making all reasonable efforts, then the costs are generally allowable within the limitations of this part. Any costs continuing after termination due to the negligent or willful failure of the recipient or subrecipient to immediately discontinue the costs are unallowable. 560 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 160 (3) Loss of useful value of special tooling, machinery, and equipment is generally allowable if: (i) Such special tooling, special machinery, or equipment is not reasonably capable of use in the other work of the recipient or subrecipient; (ii) The interest of the Federal Government is protected by transfer of title or by other means deemed appropriate by the Federal agency (see § 200.313 (d)); and (iii) The loss of useful value for any one terminated Federal award is limited to the portion of the acquisition cost which bears the same ratio to the total acquisition cost as the terminated portion of the Federal award bears to the entire terminated Federal award and other Federal awards for which the special tooling, machinery, or equipment was acquired. (4) If paragraph (a)(4)(i) and (ii) below are satisfied, rental costs under unexpired leases (less the residual value of such leases) are generally allowable where clearly shown to have been reasonably necessary for the performance of the terminated Federal award. These rental costs may include the cost of alterations of the leased property and the cost of reasonable restoration required by the lease, provided the alterations were necessary for the performance of the Federal award. (i) The amount of claimed rental costs does not exceed the reasonable use value of the property leased for the period of the Federal award and a further period as may be reasonable; and (ii) The recipient or subrecipient makes all reasonable efforts to terminate, assign, settle, or otherwise reduce the cost of the lease. (5) The following settlement expenses are generally allowable. (i) Accounting, legal, clerical, and similar costs that are reasonably necessary for: (A) The preparation and presentation to the Federal agency or pass-through entity of settlement claims and supporting data with respect to the terminated portion of the Federal award, unless the termination is for cause (see §§ 200.339-200.343); and (B) The termination and settlement of subawards. (ii) Reasonable costs for the storage, transportation, protection, and disposition of property provided by the Federal Government or acquired or produced for the Federal award. (6) Claims under subawards, including the allocable portion of claims common to the Federal award and other work of the recipient or subrecipient, are generally allowable. An appropriate share of the recipient's or subrecipient's indirect costs may be allocated to the amount of settlements with contractors and subrecipients, provided that the amount allocated is consistent with the requirements of § 200.414. These allocated indirect costs must exclude the same and similar costs claimed directly or indirectly as settlement expenses. (b) Closeout Costs. Administrative costs associated with the closeout activities of a Federal award are allowable. The recipient or subrecipient may charge the Federal award during the closeout for the necessary administrative costs of that Federal award (for example, salaries of personnel preparing final reports, publication and printing costs, costs associated with the disposition of equipment and property, and related indirect costs). These costs may be incurred until the due date of the final report(s). If incurred, these costs must be liquidated prior to the due date of the final report(s) and charged to the final budget period of the award unless otherwise specified by the Federal agency. § 200.473 Training and education costs. 561 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 161 The cost of training and education provided for employee development is allowable. § 200.474 Transportation costs. Costs incurred for freight, express, cartage, postage, and other transportation services relating to goods purchased, in process, or delivered, are allowable. When the costs can be readily identified with the items involved, they may be charged directly as transportation costs or added to the cost of such items. When identification with the materials received cannot be readily made, the inbound transportation cost may be charged to the appropriate indirect cost accounts if the recipient or subrecipient follows a consistent, equitable procedure in this respect. If reimbursable under the terms and conditions of the Federal award, outbound freight should be treated as a direct cost. § 200.475 Travel costs. (a) General. Travel costs include the transportation, lodging, subsistence, and related items incurred by employees who are in travel status on official business of the recipient or subrecipient. These costs may be charged on an actual cost basis, on a per diem or mileage basis, or on a combination of the two, provided the method used is applied to an entire trip and not to selected days of the trip. The method used must be consistent with those normally allowed in like circumstances in the recipient's or subrecipient's other activities and in accordance with the recipient's or subrecipient's established written policies. Notwithstanding the provisions of § 200.444, travel costs of officials covered by that section are allowable with the prior written approval of the Federal agency or pass-through entity when they are specifically related to the Federal award. (b) Lodging and subsistence. Costs incurred by employees and officers for travel, including costs of lodging, other subsistence, and incidental expenses, must be considered reasonable and otherwise allowable only to the extent such costs do not exceed charges normally allowed by the recipient or subrecipient in its regular operations as the result of the recipient's or subrecipient's established written policy. In addition, if these costs are charged directly to the Federal award documentation must justify that: (1) Participation of the individual is necessary for the Federal award; and (2) The costs are reasonable and consistent with the recipient's or subrecipient's established written policy. (c) Dependents. (1) Temporary dependent care costs (dependent is defined in 26 U.S.C. 152) above and beyond regular dependent care are allowable provided that these costs: (i) Are a direct result of the individual's travel to a conference for the Federal award; (ii) Are consistent with the recipient's or subrecipient's established written policy for all travel; and (iii) Are only temporary during the travel period. (2) Travel costs for dependents are unallowable, except for travel of six months or more with prior approval of the Federal agency. See § 200.432. (d) Establishing rates and amounts. In the absence of an established written policy regarding travel costs, the rates and amounts established under 5 U.S.C. 5701-11 (“Travel and Subsistence Expenses; Mileage Allowances”), by the Administrator of General Services, or by the President (or their designee) pursuant to any provisions of such subchapter must apply to travel under Federal awards (48 CFR 31.205-46(a)). (e) Commercial air travel. 562 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 162 (1) Airfare costs in excess of the basic least expensive unrestricted accommodations class offered by commercial airlines are unallowable except when such accommodations would: (i) Require circuitous routing; (ii) Require travel during unreasonable hours; (iii) Excessively prolong travel; (iv) Result in additional costs that would offset the transportation savings; or (v) Offer accommodations not reasonably adequate for the traveler's medical needs. The recipient or subrecipient must justify and document these conditions on a case-by-case basis for the use of first-class or business-class airfare to be allowable in such cases. (2) Unless a pattern of avoidance is detected, the Federal Government will generally not question a recipient's or subrecipient's determinations that customary standard airfare or other discount airfare is unavailable for specific trips if the recipient or subrecipient can demonstrate that such airfare was not available in the specific case. (f) Air travel by other than commercial carrier. Travel costs by recipient or subrecipient-owned, -leased, or -chartered aircraft include the cost of the lease, charter, operation (including personnel costs), maintenance, depreciation, insurance, and other related costs. The portion of these costs that exceeds the cost of airfare, as provided for in paragraph (d), is unallowable. § 200.476 Trustees. Travel and subsistence costs of trustees (or directors) at IHEs and nonprofit organizations are allowable. See § 200.475. Subpart F—Audit Requirements General § 200.500 Purpose. This part sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of non-Federal entities expending Federal awards. Audits § 200.501 Audit requirements. (a) Audit required. A non-Federal entity that expends $1,000,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single or program-specific audit conducted for that year in accordance with the provisions of this part. (b) Single audit. A non-Federal entity that expends $1,000,000 or more in Federal awards during the non- Federal entity's fiscal year must have a single audit conducted in accordance with § 200.514 except when it elects to have a program-specific audit conducted in accordance with paragraph (c) or (d) of this section. (c) Program-specific audit election (in general). A non-Federal entity may elect to have a program-specific audit conducted in accordance with § 200.507 if the following conditions are met: 563 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 163 (1) The non-Federal entity expends Federal awards under only one Federal program (excluding research and development); and (2) The Federal program's statutes or regulations, or terms and conditions of the Federal award, do not require a financial statement audit of the non-Federal entity. (d) Program-specific audit election for research and development. A non-Federal entity may elect to have a program-specific audit for research and development conducted in accordance with § 200.507, but only if all of the following conditions are met: (1) The non-Federal entity expends Federal awards only from the same Federal agency, or the same Federal agency and the same pass-through entity; and (2) The Federal agency, or pass-through entity in the case of a subrecipient, approves a program-specific audit in advance. (e) Exemption when Federal awards expended are less than $1,000,000. A non-Federal entity that expends less than $1,000,000 in Federal awards during its fiscal year is exempt from Federal audit requirements for that year, except as noted in § 200.503. However, in all instances, the records of the non-Federal entity must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and the Government Accountability Office (GAO). (f) Federally Funded Research and Development Centers (FFRDC). Management of an auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part. (g) Subrecipients and contractors. An auditee may simultaneously be a recipient, a subrecipient, and a contractor. Unless a program is exempt by Federal statute, Federal awards expended as a recipient or a subrecipient are subject to audit under this part. Payments received for goods or services provided as a contractor under a Federal award (see § 200.331) are not subject to audit under this part. (h) Compliance responsibility for contractors. In most cases, the auditee's compliance responsibility for contractors is to ensure that the procurement, receipt, and payment for goods and services comply with Federal statutes, regulations, and the terms and conditions of a Federal award. Federal award compliance requirements normally do not flow down to contractors. However, for procurement transactions in which the contractor is made responsible for meeting program requirements, the auditee must ensure those requirements are met, including by clearly stating the contractor's responsibilities within the contract and reviewing the contractor's records to determine compliance. Also, when these procurement transactions relate to a major program, the scope of the audit must include a determination of whether these transactions comply with Federal statutes, regulations, and the terms and conditions of a Federal award. See also § 200.318(b). (i) For-profit subrecipient. This subpart does not apply to for-profit organizations. As necessary, the pass- through entity is responsible for establishing requirements to ensure compliance by for-profit subrecipients. The subaward with a for-profit subrecipient must describe applicable compliance requirements and the for- profit subrecipient's compliance responsibility. Methods to ensure compliance for Federal awards made to for-profit subrecipients may include pre-award audits, monitoring throughout the performance of the subaward, and post-award audits (see § 200.332). § 200.502 Basis for determining Federal awards expended. (a) Determining Federal awards expended. The determination of when a Federal award is expended must be based on when the activity related to the Federal award occurs. Generally, the activity related to the Federal award pertains to events that require the non-Federal entity to comply with Federal statutes, regulations, and the terms and conditions of Federal awards, such as: 564 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 164 (1) Expenditure/expense transactions associated with grants, cooperative agreements, cost- reimbursement contracts under the FAR, compacts with Indian Tribes, and direct appropriations; (2) The disbursement of funds to subrecipients; (3) The use of loan proceeds under loan and loan guarantee programs; (4) The receipt of property (including surplus property); (5) The receipt or use of program income; (6) The distribution or use of food commodities; (7) The disbursement of amounts entitling the non-Federal entity to an interest subsidy; and (8) The period when insurance is in force. (b) Loan and loan guarantees (loans). The Federal Government is at risk for loans until the debt is repaid. Therefore, the following guidelines must be used to calculate the value of Federal awards expended under loan programs (except as noted in paragraphs (c) and (d)): (1) The value of new loans made or received during the audit period; plus (2) The balance of loans from previous years at the beginning of the audit period for which the Federal Government imposes continuing compliance requirements; plus (3) Any interest subsidy, cash, or administrative cost allowance received. (c) Loan and loan guarantees (loans) at Institutions of Higher Education (IHE). When loans are made to students of an IHE, but the IHE itself does not have continuing compliance requirements for the loans, then only the value of loans made during the audit period are considered Federal awards expended in that audit period. The balance of loans for previous audit periods is not included as Federal awards expended because the lender accounts for the prior balances. (d) Prior loan and loan guarantees (loans). Loans, the proceeds of which were received and expended in prior years, are not considered Federal awards expended under this part when Federal statutes, regulations, and the terms and conditions of Federal awards pertaining to such loans impose no continuing compliance requirements other than to repay the loans. (e) Endowment funds. The cumulative balance of Federal awards for endowment funds that are federally restricted is considered Federal awards expended in each audit period in which the funds are still restricted. (f) Free rent. Free rent received by itself is not considered a Federal award expended under this part. However, free rent received as part of a Federal award to carry out a Federal program must be included in determining Federal awards expended and is subject to audit under this part. (g) Valuing non-cash assistance. Federal non-cash assistance (such as free rent, food commodities, donated property, or donated surplus property that is received as part of a Federal award to carry out a Federal program) must be valued at fair market value at the time of receipt or the assessed value provided by the Federal agency and must be included in determining Federal awards expended under this part. (h) Medicare. Medicare payments to a non-Federal entity for providing patient care services to Medicare- eligible individuals are not considered Federal awards expended under this part. 565 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 165 (i) Medicaid. Medicaid payments to a subrecipient for providing patient care services to Medicaid-eligible individuals are not considered Federal awards expended under this part unless a State requires the funds to be treated as Federal awards expended because reimbursement is on a cost-reimbursement basis. (j) Certain loans provided by the National Credit Union Administration. For purposes of this part, loans from the National Credit Union Share Insurance Fund and the Central Liquidity Facility funded by contributions from insured non-Federal entities are not considered Federal awards expended. § 200.503 Relation to other audit requirements. (a) Other financial audits. An audit conducted in accordance with this part must be in lieu of any financial audit of Federal awards which a non-Federal entity is required to undergo under any other Federal statute or regulation. To the extent that such an audit provides a Federal agency with the information it requires to carry out its responsibilities under Federal statute or regulation, a Federal agency must rely upon and use that information. (b) Conducting additional audits. Notwithstanding paragraph (a) of this section, a Federal agency, Inspectors General, or GAO may conduct or arrange additional audits to carry out its responsibilities under Federal statute or regulation. The provisions of this part do not authorize any non-Federal entity to constrain, in any manner, such Federal agency from carrying out or arranging for such additional audits, except that the Federal agency must plan such audits not to be duplicative of other audits of Federal awards. Prior to commencing such an audit, the Federal agency or pass-through entity must review the FAC for recent audits submitted by the non-Federal entity, and to the extent such audits meet a Federal agency or pass-through entity's needs, the Federal agency or pass-through entity must rely upon and use such audits. Any additional audits must be planned and performed in such a way as to build upon work performed, including the audit documentation, sampling, and testing already performed by other auditors. (c) Authority to conduct additional audits. The provisions of this part do not limit the authority of Federal agencies to conduct, or arrange for the conduct of, audits and evaluations of Federal awards, nor limit the authority of any Federal agency Inspector General or other Federal officials. For example, requirements that may be applicable under the FAR or CAS and the terms and conditions of a cost-reimbursement contract may include additional applicable audits to be conducted or arranged for by Federal agencies. (d) Federal agency to pay for additional audits. A Federal agency that conducts or arranges for additional audits must, consistent with other applicable Federal statutes and regulations, arrange for funding the full cost of such additional audits. (e) Request for a program to be audited as a major program. A Federal agency may request that an auditee have a particular Federal program audited as a major program in lieu of the Federal agency conducting or arranging for the additional audits. Such requests should be made at least 180 calendar days prior to the end of the fiscal year to be audited to allow for planning. After consultation with its auditor, the auditee should promptly respond to such a request by informing the Federal agency whether the program would otherwise be audited as a major program using the risk-based audit approach described in § 200.518 and, if not, the estimated incremental cost. The Federal agency must then promptly confirm to the auditee whether it wants the program audited as a major program. If the program is to be audited as a major program based upon this Federal agency request, and the Federal agency agrees to pay the full incremental costs, then the auditee must have the program audited as a major program. With approval of the Federal agency, a pass-through entity may use the provisions of this paragraph for a subrecipient. § 200.504 Frequency of audits. Audits required by this part must be performed annually unless biennial audits are permitted under paragraph (a) or (b) of this section. Biennial audits must cover both fiscal years within the biennial period. 566 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 166 (a) A State, local government, or Indian Tribe that is required by constitution or statute, in effect on January 1, 1987, to undergo its audits less frequently than annually, is permitted to undergo biennial (every other year) audits pursuant to this part. This requirement must still be in effect for the biennial period. (b) Any nonprofit organization that had biennial audits for all biennial periods ending between July 1, 1992, and January 1, 1995, is permitted to undergo biennial audits pursuant to this part. § 200.505 Remedies for audit noncompliance. In cases of continued inability or unwillingness of a non-federal entity to have an audit conducted in accordance with this part, Federal agencies or pass-through entities must take appropriate action as provided in § 200.339. § 200.506 Audit costs. See § 200.425. § 200.507 Program-specific audits. (a) Program-specific audit guide available. In some cases, a program-specific audit guide will be available to provide specific guidance to the auditor concerning internal controls, compliance requirements, suggested audit procedures, and audit reporting requirements. A listing of current program-specific audit guides can be found in the compliance supplement (Appendix VI, Program-Specific Audit Guides). When a current program-specific audit guide is available, the auditor must follow Generally Accepted Government Auditing Standards (GAGAS) and the guide when performing a program-specific audit. (b) Program-specific audit guide not available. (1) When a current program-specific audit guide is not available, the auditee and auditor must have basically the same responsibilities for the Federal program as they would have for an audit of a major program in a single audit. (2) The auditee must prepare the financial statement(s) for the Federal program that includes a schedule of expenditures of Federal awards for the program and notes that describe the significant accounting policies used in preparing the schedule, a summary schedule of prior audit findings consistent with the requirements of § 200.511(b), and a corrective action plan consistent with the requirements of § 200.511(c). (3) The auditor must: (i) Perform an audit of the financial statement(s) for the Federal program in accordance with GAGAS; (ii) Obtain an understanding of internal controls and perform tests of internal controls over the Federal program consistent with the requirements for a major program in accordance with§ 200.514(c); (iii) Determine whether the auditee has complied with Federal statutes, regulations, and the terms and conditions of Federal awards that could have a direct and material effect on the Federal program consistent with the requirements for a major program under § 200.514(d); (iv) Follow up on prior audit findings and perform procedures to assess the reasonableness of the summary schedule of prior audit findings prepared by the auditee in accordance with the requirements of § 200.511 When the auditor concludes that the summary schedule of prior audit findings materially misrepresents the status of any prior audit finding, the auditor must report this condition as a current-year audit finding.; and 567 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 167 (v) Report any audit findings consistent with the requirements of § 200.516. (4) The auditor's report(s) may be in the form of either combined or separate reports. It may be organized differently from the manner presented in this section. The auditor's report(s) must state that the audit was conducted in accordance with this part and include the following: (i) An opinion (or disclaimer of opinion) as to whether the financial statement(s) of the Federal program is presented fairly in all material respects in accordance with the stated accounting policies; (ii) A report on internal control related to the Federal program, which must describe the scope of testing of internal control and the results of the tests; (iii) A report on compliance that includes an opinion (or disclaimer of opinion) as to whether the auditee complied with laws, regulations, and the terms and conditions of Federal awards which could have a direct and material effect on the Federal program; and (iv) A schedule of findings and questioned costs for the Federal program that includes a summary of the auditor's results relative to the Federal program in a format consistent with § 200.515(d)(1) and findings and questioned costs consistent with the requirements of § 200.515(d)(3). (c) Report submission for program-specific audits. (1) Submission deadline and public availability. The audit must be completed and submitted in accordance with paragraph (c)(2) or (c)(3) of this section. Unless a different period is specified in the program-specific audit guide, the audit must be submitted within 30 calendar days after the auditee receives the auditor's report(s) or nine months after the end of the audit period (whichever is earlier). The submission is due the next business day when the due date falls on a Saturday, Sunday, or Federal holiday. Unless restricted by Federal law or regulation, the auditee must make copies of the reporting package available for public inspection. Auditees and auditors must ensure that their respective parts of the reporting package do not include protected personally identifiable information. (2) Program-specific audit guide available. When a program-specific audit guide is available, the auditee must electronically submit the data collection form prepared in accordance with § 200.512(b), as applicable to the program-specific audit, to the Federal Audit Clearinghouse (FAC). The submission must also include the reporting required by the program-specific audit guide. (3) Program-specific audit guide not available. When a program-specific audit guide is not available, the auditee must electronically submit the data collection form prepared in accordance with § 200.512(b) to the FAC. The submission must also include the financial statement(s) of the Federal program, summary schedule of prior audit findings, and corrective action plan as described in paragraph § 200.507(b)(2) and the auditor's report(s) described in paragraph § 200.507(b)(4). (d) Other sections of this part may apply. Program-specific audits are subject to: (1) 200.500 Purpose through 200.503 Relation to other audit requirements, paragraph (d); (2) 200.504 Frequency of audits through 200.506 Audit costs; (3) 200.508 Auditee responsibilities through 200.509 Auditor selection; (4) 200.511 Audit findings follow-up; (5) 200.512 Report submission, paragraphs (e) through (h); 568 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 168 (6) 200.513 Responsibilities; (7) 200.516 Audit findings through 200.517 Audit documentation; (8) 200.521 Management decision; and (9) Other referenced provisions of this part unless contrary to the provisions of this section, a program- specific audit guide, or program statutes and regulations. Auditees § 200.508 Auditee responsibilities. The auditee must: (a) Arrange for the audit required by this part in accordance with § 200.509, and ensure it is properly performed and submitted in accordance with § 200.512. (b) Prepare financial statements, including the schedule of expenditures of Federal awards in accordance with § 200.510. (c) Promptly follow up and take corrective action on audit findings. This includes preparing a summary schedule of prior audit findings and a corrective action plan in accordance with § 200.511(b) and (c), respectively. (d) Provide the auditor access to personnel, accounts, books, records, supporting documentation, and any other information needed for the auditor to perform the audit required by this part. § 200.509 Auditor selection. (a) Auditor procurement. When procuring audit services, the auditee must follow the procurement standards in §§ 200.317 through 200.327 of subpart D or the FAR (48 CFR part 42), as applicable. When requesting proposals for audit services, the objectives and scope of the audit must be made clear, and the non-Federal entity must request a copy of the audit organization's peer review report, which the auditor must provide under GAGAS. Factors to be considered in evaluating each proposal for audit services include the responsiveness to the request for proposal, relevant experience, availability of staff with professional qualifications and technical abilities, the results of peer and external quality control reviews, and price. Whenever possible, the auditee must make efforts to contract with businesses as stated in § 200.321 or the FAR (48 CFR part 42), as applicable. (b) Restriction on auditor preparing indirect cost proposals. An auditor who prepares the indirect cost proposal or cost allocation plan may not be selected to perform the audit required by this part when the indirect costs recovered by the auditee during the prior year exceed $1 million. This restriction applies to the base year used to prepare the indirect cost proposal or cost allocation plan and any subsequent years in which the resulting indirect cost agreement or cost allocation plan is used to recover costs. (c) Use of Federal auditors. Federal auditors may perform all or part of the work required under this part if they fully comply with the requirements of this part. § 200.510 Financial statements. (a) Financial statements. The auditee must prepare financial statements that reflect its financial position, results of operations or changes in net assets, and, where appropriate, cash flows for the fiscal year audited. 569 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 169 The financial statements must be for the same organizational unit and fiscal year chosen to meet this part's requirements. However, organization-wide financial statements of the non-Federal entity may also include departments, agencies, and other organizational units that have separate audits in accordance with § 200.514(a) and prepare separate financial statements. (b) Schedule of expenditures of Federal awards. The auditee must also prepare a schedule of expenditures of Federal awards for the period covered by the auditee's financial statements. The schedule must include the total Federal awards expended as determined in accordance with § 200.502. The auditee may choose to provide information requested by Federal agencies or pass-through entities to make the schedule easier to use. For example, when a Federal program has multiple Federal award years, the auditee may separately list the amount of Federal awards expended for each year of a Federal award. The schedule must: (1) List individual Federal programs by Federal agency using the applicable Assistance Listing number(s). For a cluster of programs, the non-Federal entity must provide the cluster name, a list of individual Federal programs within the cluster, and provide the Federal agency name and the applicable Assistance Listing number(s). For research and development, total Federal awards expended must be shown either by individual Federal award or by Federal agency and major subdivision within the Federal agency. For example, the National Institutes of Health is a major subdivision within the Department of Health and Human Services. (2) For Federal awards received as a subrecipient, the name of the pass-through entity and identifying number assigned by the pass-through entity must be included. (3) Provide total Federal awards expended for each individual Federal program and the Assistance Listings number or other identifying number when the Assistance Listings information is unavailable. For a cluster of programs, the auditee must also provide the total for the cluster. (4) Include the total amount provided to subrecipients from each Federal program. (5) For loan or loan guarantee programs described in § 200.502(b), identify in the notes to the schedule the balances outstanding at the end of the audit period. This requirement is in addition to including the total Federal awards expended for loan or loan guarantee programs in the schedule. (6) Include notes describing the significant accounting policies used in preparing the schedule and whether the auditee elected to use the de minimis indirect cost rate of up to 15 percent (see § 200.414). § 200.511 Audit findings follow-up. (a) General. The auditee is responsible for follow-up and corrective action on all audit findings. As part of this responsibility, the auditee must prepare a summary schedule of prior audit findings. The auditee must also prepare a corrective action plan for current year audit findings. The summary schedule of prior audit findings and the corrective action plan must include the reference numbers the auditor assigns to audit findings under § 200.516(c). Since the summary schedule may include audit findings from multiple years, it must include the fiscal year in which the finding initially occurred. The corrective action plan and summary schedule of prior audit findings must include financial statement findings that the auditor was required to report in accordance with GAGAS. (b) Summary schedule of prior audit findings. The summary schedule of prior audit findings must report the status of all audit findings included in the prior audit's schedule of findings and questioned costs. The summary schedule must also include audit findings reported in the prior audit's summary schedule of prior audit findings except audit findings listed as corrected in accordance with paragraph (b)(1) of this section or no longer valid or not warranting further action in accordance with paragraph (b)(3) of this section. 570 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 170 (1) When audit findings were fully corrected, the summary schedule need only list the audit findings and state that corrective action was taken. (2) When audit findings were not corrected or only partially corrected, the summary schedule must describe the reasons for the finding's recurrence, planned corrective action, and any partial corrective action taken. When the corrective action taken significantly differs from the corrective action previously reported in a corrective action plan or the Federal agency's or pass-through entity's management decision, the summary schedule must provide an explanation. (3) When the auditee believes the audit findings are no longer valid or do not warrant further action, the reasons for this position must be described in the summary schedule. A valid reason for considering an audit finding as not warranting further action is that all of the following have occurred: (i) Two years have passed since the audit report in which the finding occurred was submitted to the FAC; (ii) The Federal agency or pass-through entity is not currently following up with the auditee on the audit finding; and (iii) A management decision was not issued. (c) Corrective action plan. At the completion of the audit, the auditee must prepare a corrective action plan to address each audit finding included in the auditor's report for the current year. The corrective action plan must be a document separate from the auditor's findings described in § 200.516. The corrective action plan must also provide the name(s) of the contact person(s) responsible for the corrective action, the corrective action to be taken, and the anticipated completion date. When the auditee does not agree with the audit findings or believes corrective action is not required, the corrective action plan must include a detailed explanation of the reasons. § 200.512 Report submission. (a) General. (1) The audit, the data collection form, and the reporting package must be submitted within 30 calendar days after the auditee receives the auditor's report(s) or nine months after the end of the audit period (whichever is earlier). The cognizant agency for audit or oversight agency for audit (in the absence of a cognizant agency for audit) may authorize an extension when the nine-month timeframe would place an undue burden on the auditee. If the due date falls on a Saturday, Sunday, or Federal holiday, the reporting package is due the next business day. (2) The auditee must make copies available for public inspection unless restricted by Federal statute or regulation. Auditees and auditors must ensure that their respective parts of the reporting package do not include protected personally identifiable information. (b) Data collection. The FAC is the repository of record for subpart F reporting packages and the data collection form. All Federal agencies, pass-through entities and others interested in a reporting package and data collection form must obtain it by accessing the FAC. (1) The auditee must submit the required data collection form described in Appendix X of this part. This form provides information about the auditee, its Federal programs, the results of the audit, and whether the audit was completed in accordance with this part. The form must include all information required by this part that is necessary for Federal agencies to use the audit to ensure the integrity of Federal programs. The form includes data elements and a format that OMB must approve, is available from the FAC, and include collections of information from the reporting package described in paragraph (c). 571 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 171 (2) A senior-level representative of the auditee (for example, a State controller, director of finance, chief executive officer, or chief financial officer) must sign a statement to be included as part of the data collection form stating that the auditee complied with the requirements of this part, including that: (i) The data collection form was prepared in accordance with this part (and the instructions accompanying the form); (ii) The reporting package does not include protected personally identifiable information; (iii) The information included in its entirety is accurate and complete; and (iv) The FAC is authorized to make the reporting package and the form publicly available on a website. (3) An auditee that is an Indian Tribe or a tribal organization (as defined in the Indian Self-Determination, Education and Assistance Act (ISDEAA), 25 U.S.C. 450b(l)) may opt not to authorize the FAC to make the reporting package publicly available on a website. To opt-out, an Indian Tribe or tribal organization must exclude the authorization described in paragraph (b)(2)(iv) of this section. In these instances, the Indian Tribe is responsible for submitting the reporting package directly to any pass-through entities through which it has received a Federal award and to pass-through entities for which the summary schedule of prior audit findings reported the status of any findings related to those Federal awards that the pass-through entity provided. Unless restricted by Federal statute or regulation, if the Indian Tribe opts not to authorize publication, it must make copies of the reporting package available for public inspection. (4) The auditor must complete the applicable data elements of the data collection form using the information included in the reporting package described in paragraph (c) of this section. The auditor must sign a statement to be included as part of the data collection form stating: (i) The source of information included in the data collection form; (ii) The auditor's responsibility for the information; (iii) The data collection form is not a substitute for the reporting package described in paragraph (c); and (iv) The content of the form is limited to the collection of information prescribed by OMB. (c) Reporting package. The reporting package must include the following: (1) Financial statements and schedule of expenditures of Federal awards discussed in § 200.510(a) and (b), respectively; (2) Summary schedule of prior audit findings discussed in § 200.511(b); (3) Auditor's report(s) discussed in § 200.515; and (4) Corrective action plan discussed in § 200.511(c). (d) Submission to FAC. The auditee must electronically submit the data collection form described in paragraph (b) of this section and the reporting package described in paragraph (c) of this section to the FAC. (e) Requests for management letters issued by the auditor. Auditees must submit, when requested by a Federal agency or pass-through entity, a copy of any management letters issued by the auditor. 572 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 172 (f) Report retention requirements. Auditees must keep a copy of the data collection form described in paragraph (b) of this section and a copy of the reporting package described in paragraph (c) on file for three years from the date of submission to the FAC. Copies of audit records must be maintained in accordance with § 200.336. (g) FAC responsibilities. The FAC must make available the reporting packages received in accordance with paragraph (c) of this section and § 200.507(c) to the public, except for Indian Tribes exercising the option in paragraph (b)(3) of this section, and maintain a database of completed audits, provide appropriate information to Federal agencies, and follow up with known auditees that have not submitted the required data collection forms and reporting packages. (h) Electronic filing. Nothing in this part must preclude electronic submissions to the FAC in such a manner as may be approved by OMB. Federal Agencies § 200.513 Responsibilities. (a) Cognizant agency for audit responsibilities. (1) A non-Federal entity expending more than $50 million a year in Federal awards must have a cognizant agency for audit. The cognizant agency for audit must be the Federal agency that provides the largest amount of direct funding (as listed on the non-Federal entity's Schedule of expenditures of Federal awards, see § 200.510(b)) unless OMB designates a specific cognizant agency for audit. When the direct funding represents less than 25 percent of the total expenditures (as direct and subawards) by the non-Federal entity, then the Federal agency with the predominant amount of total funding is the designated cognizant agency for audit. (2) To provide for continuity of cognizance, the determination of the predominant amount of direct funding must be based upon direct Federal awards expended in the non-Federal entity's fiscal years ending in 2019 and every fifth year after that. (3) Notwithstanding how audit cognizance is determined, a Federal agency may reassign cognizance to another Federal agency that provides substantial funding to an auditee if it agrees to be the cognizant agency for audit. Within 30 calendar days after any reassignment, both the old and the new cognizant agency for audit must notify the FAC, the auditee, and the auditor (if known) of the change. (4) The cognizant agency for audit must: (i) Provide technical audit advice and liaison assistance to auditees and auditors. (ii) Obtain or conduct quality control reviews on selected audits made by non-Federal auditors and provide the results to other interested organizations. (iii) Cooperate and support the Federal agency designated by OMB to lead a government-wide analysis to assess the quality of single audits. The government-wide analysis may rely on the current and ongoing quality control review work performed by Federal agencies, State auditors, and professional audit associations. This government-wide audit analysis must be performed at an interval determined by OMB, and the results must be posted publicly. In providing support to the government-wide analysis, a Federal agency must provide the following: (A) An assessment of the extent to which single audits conform to the requirements, standards, and procedures of this part; and 573 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 173 (B) Recommendations to address audit quality issues, including recommendations for any changes to this part's requirements, standards, and procedures. (iv) Promptly inform the appropriate Federal law enforcement officials and impacted Federal agencies of any direct reporting by the auditee or its auditor required by GAGAS, Federal statute, or regulation. (v) Advise the community of independent auditors of any noteworthy or important factual trends related to the quality of audits stemming from quality control reviews. Significant problems or quality issues consistently identified through quality control reviews of audit reports must be referred to appropriate State licensing agencies and professional bodies. (vi) Advise the auditor, Federal awarding agencies, and, where appropriate, the auditee of any deficiencies found in the audits when the deficiencies require corrective action by the auditor. When advised of deficiencies, the auditee must work with the auditor to take corrective action. If corrective action is not taken, the cognizant agency for audit must notify the auditor, the auditee, and applicable Federal awarding agencies and pass-through entities of the facts and make recommendations for follow-up action. Major inadequacies or repetitive substandard performance by auditors must be referred to appropriate State licensing agencies and professional bodies for disciplinary action. (vii) Coordinate, to the extent practical, audits or reviews made by or for Federal agencies that are in addition to the audits made pursuant to this part, so that the additional audits or reviews build upon, rather than duplicate, audits performed in accordance with this part. (viii) Coordinate a management decision for cross-cutting audit findings that affect the Federal programs of more than one agency when requested by any Federal agency whose awards are included in the audit finding of the auditee. Cross-cutting audit finding means an audit finding where the same underlying condition or issue affects all Federal awards (including Federal awards of more than one Federal agency or pass-through entity); for example, a cross-cutting audit finding may include an issue related to the recipient's accounting system. (ix) Coordinate the audit work and reporting responsibilities among auditors to achieve the most cost- effective audit. (x) Provide advice to auditees as to how to handle changes in fiscal year. (b) Oversight agency for audit responsibilities. An auditee who does not have a designated cognizant agency for audit will be under the general oversight of the Federal agency determined in accordance with § 200.1 oversight agency for audit. A Federal agency with oversight for an auditee may reassign oversight to another Federal agency that agrees to be the oversight agency for audit. Within 30 calendar days after any reassignment, both the old and the new oversight agency for audit must provide notice of the change to the FAC, the auditee, and, if known, the auditor. The oversight agency for audit: (1) Must provide technical advice and assistance to auditees and auditors. (2) May assume all or some of the responsibilities normally performed by a cognizant agency for audit. (c) Awarding Federal agency responsibilities. In addition to all other requirements of this part, the awarding Federal agency must: (1) Ensure that audits are completed, and reports are received in a timely manner in accordance with the requirements of this part. (2) Provide technical advice and assistance to auditees and auditors. 574 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 174 (3) Follow-up on audit findings to ensure that non-Federal entities take appropriate and timely corrective action. Follow-up includes: (i) Issuing a management decision in accordance with § 200.521; (ii) Monitoring the non-Federal entity's progress implementing a corrective action; (iii) Using a cooperative audit resolution approach to improve Federal program outcomes through better audit resolution, follow-up, and corrective action, which means the use of audit follow-up techniques promoting prompt corrective action by improving communication, fostering collaboration, promoting trust, and developing an understanding between the Federal agency and the non-Federal entity. This approach is based upon: (A) A strong commitment by Federal agency and non-Federal entity leadership to Federal program integrity; (B) Federal agencies strengthening partnerships and working cooperatively with non-Federal entities and their auditors; non-Federal entities and their auditors working cooperatively with Federal agencies; (C) A focus on current conditions and corrective action going forward; (D) Federal agencies offering appropriate relief for past noncompliance when audits show prompt corrective action has occurred; and (E) Federal agency leadership sending a clear message that continued failure to correct conditions identified by audits likely to cause improper payments, fraud, waste, or abuse is unacceptable and will result in sanctions. (iv) Tracking the effectiveness of the Federal agency's follow-up processes, the effectiveness of single audits in improving non-Federal entity accountability, and the use of single audits in making Federal award decisions. The Federal agency should develop a baseline, metrics, and targets to track, over time, the effectiveness of the Federal agency's process to follow up on audit findings. (4) Provide OMB with annual updates to the compliance supplement. These updates include working with OMB to ensure that the compliance supplement focuses the auditor on testing the compliance requirements most likely to cause improper payments, fraud, waste, abuse, or generate audit findings for which the Federal agency will take action in accordance with § 200.505. Prior to submitting compliance supplement drafts to OMB, Federal agencies should engage with external audit stakeholders, the Federal agency's Office of Inspector General, and the National Single Audit Coordinator (NSAC). (5) Provide OMB with the name of a single audit accountable official from among the senior policy officials of the Federal agency. The accountable official must be: (i) Responsible for ensuring that the Federal agency fulfills the requirements of this section and effectively uses the single audit process to reduce improper payments and improve Federal program outcomes. (ii) Accountable for improving the effectiveness of the Federal agency's single audit processes in accordance with paragraph (c)(3)(iv). (iii) Responsible for designating the Federal agency's key management single audit liaison. (6) Provide OMB with the name of a key management single audit liaison. The liaison must: 575 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 175 (i) Serve as the Federal agency's point of contact for the single audit process within and outside the Federal Government. (ii) Promote interagency coordination, consistency, and information sharing. This includes coordinating audit follow-up, identifying higher risk non-Federal entities, providing input on single audit and follow-up policy, enhancing the utility of the FAC, and identifying ways to use single audit results to improve Federal award accountability and best practices. (iii) Oversee training for the Federal agency's program management personnel related to the single audit process. (iv) Promote the Federal agency's use of a cooperative audit resolution approach as described in paragraph (c)(3)(iii) of this section. (v) Coordinate the Federal agency's audit follow-up processes and ensure non-Federal entities implement corrective actions for audit findings. (vi) Ensure the Federal agency fulfills its responsibility, as a cognizant agency for audit, to coordinate a management decision for cross-cutting audit findings under (a)(4)(viii) of this section. Cross-cutting audit findings means an audit finding where the same underlying condition or issue affects all Federal awards (including Federal awards of more than one Federal agency or pass-through entity). For example, this may include an issue related to the recipient's accounting system. (vii) Ensure the Federal agency provides OMB with annual updates to the compliance supplement consistent with the compliance supplement preparation guide. (viii) Support the mission of the Federal agency's single audit accountable official and coordinate with the Federal agency's Office of Inspector General and National Single Audit Coordinator (NSAC). Auditors § 200.514 Standards and scope of audit. (a) General. The audit must be conducted in accordance with GAGAS. The audit must also cover the entire operations of the auditee, or, at the option of the auditee, such audit must include a series of audits that cover departments, agencies, and other organizational units that expended or otherwise administered Federal awards during the audit period. In these instances, the audit must include the financial statements and schedule of expenditures of Federal awards for each such department, agency, and other organizational unit, which must be considered to be a non-Federal entity. The financial statements and schedule of expenditures of Federal awards must be for the same audit period. (b) Financial statements. The auditor must determine whether the auditee's financial statements are presented fairly in all material respects in accordance with generally accepted accounting principles (or a special purpose framework such as cash, modified cash, or regulatory as required by State law). The auditor must also determine whether the schedule of expenditures of Federal awards is stated fairly in all material respects in relation to the auditee's financial statements as a whole. (c) Internal control. (1) The compliance supplement provides guidance on internal controls over Federal programs based upon the guidance in Standards for Internal Control in the Federal Government issued by the Comptroller General of the United States and the Internal Control-Integrated Framework, issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). 576 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 176 (2) In addition to the requirements of GAGAS, the auditor must perform procedures to obtain an understanding of internal control over Federal programs sufficient to plan the audit to support a low assessed level of control risk of noncompliance for major programs. (3) Except as provided in paragraph (c)(4) of this section, the auditor must: (i) Plan the testing of internal control over compliance for major programs to support a low assessed level of control risk for assertions relevant to the compliance requirements for each major program; and (ii) Perform testing of internal control as planned in paragraph (c)(3)(i) of this section. (4) When internal control over some or all of the compliance requirements for a major program are likely to be ineffective in preventing or detecting noncompliance, the planning and performing of testing described in paragraph (c)(3) of this section are not required for those compliance requirements. However, the auditor must report a significant deficiency or material weakness in accordance with § 200.516, assess the related control risk at the maximum, and consider whether additional compliance tests are required because of ineffective internal control. (d) Compliance. (1) In addition to the requirements of GAGAS, the auditor must determine whether the auditee has complied with Federal statutes, regulations, and the terms and conditions of Federal awards that may have a direct and material effect on each of its major programs. (2) The principal compliance requirements applicable to most Federal programs and the compliance requirements of the largest Federal programs are included in the compliance supplement. (3) For the compliance requirements related to Federal programs contained in the compliance supplement, an audit of these compliance requirements will meet the requirements of this part. Where there have been changes to the compliance requirements, and the changes are not reflected in the compliance supplement, the auditor must determine the current compliance requirements and modify the audit procedures accordingly. For those Federal programs not covered in the compliance supplement, the auditor must follow the compliance supplement's guidance for programs not included. (4) The compliance testing must include tests of transactions or other auditing procedures necessary to provide the auditor with sufficient appropriate audit evidence to support an opinion on compliance. (e) Audit follow-up. The auditor must follow up on prior audit findings regardless of whether a prior audit finding is related to a major program in the current year. Audit follow-up includes performing procedures to assess the reasonableness of the summary schedule of prior audit findings prepared by the auditee in accordance with the requirements of § 200.511. When the auditor concludes that the summary schedule of prior audit findings materially misrepresents the status of any prior audit finding, the auditor must report this condition as a current-year audit finding. (f) Data collection form. As required in § 200.512(b)(4), the auditor must complete and sign specified sections of the data collection form. § 200.515 Audit reporting. The auditor's report(s) may be in the form of either combined or separate reports. It may be organized differently from the manner presented in this section. The auditor's report(s) must state that the audit was conducted in accordance with this part and include the following: 577 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 177 (a) An opinion (or disclaimer of opinion) on whether the financial statement(s) of the auditee is presented fairly in all material respects in accordance with generally accepted accounting principles (or a special purpose framework such as cash, modified cash, or regulatory as required by State law). The auditor must also decide whether the schedule of expenditures of Federal awards is stated fairly in all material respects in relation to the auditee's financial statements as a whole. (b) A report on internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements. This report must describe the scope of internal control and compliance testing and the results of the tests. Where applicable, the report must refer to the separate schedule of findings and questioned costs described in paragraph (d) of this section. (c) A report on compliance for each major program and a report on internal control over compliance. This report must describe the scope of testing of internal control over compliance and include an opinion (or disclaimer of opinion) as to whether the auditee complied with Federal statutes, regulations, and the terms and conditions of Federal awards that could have a direct and material effect on each major program and refer to the separate schedule of findings and questioned costs described in paragraph (d) of this section. (d) A schedule of findings and questioned costs which must include the following three components: (1) A summary of the auditor's results, which must include: (i) The type of report the auditor issued (unmodified opinion, qualified opinion, adverse opinion, or disclaimer of opinion) on whether the audited financial statements were prepared in accordance with GAAP; (ii) A statement about whether significant deficiencies or material weaknesses in internal control were disclosed by the audit of the financial statements; (iii) A statement as to whether the audit disclosed any noncompliance that is material to the financial statements of the auditee; (iv) A statement about whether significant deficiencies or material weaknesses in internal control over major programs were disclosed by the audit; (v) The type of report the auditor issued (unmodified opinion, qualified opinion, adverse opinion, or disclaimer of opinion) on compliance for major programs; (vi) A statement as to whether the audit disclosed any audit findings that the auditor is required to report under § 200.516(a); (vii) An identification of major programs by listing each individual major program; however, in the case of a cluster of programs, only the cluster name as shown on the schedule of expenditures of Federal Awards is required; (viii) The dollar threshold used to distinguish between Type A and Type B programs, as described in § 200.518(b)(1) or (3) when a recalculation of the Type A threshold is required for large loan or loan guarantees; and (ix) A statement as to whether the auditee qualified as a low-risk auditee under§ 200.520. (2) Findings relating to the financial statements required to be reported in accordance with GAGAS. (3) Findings and questioned costs for Federal awards which must include audit findings as defined in § 200.516(a) and be reported in the following manner: 578 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 178 (i) Audit findings (for example, internal control findings, compliance findings, questioned costs, or fraud) that relate to the same issue must be presented as a single audit finding. Where practical, audit findings should be organized by Federal agency or pass-through entity. (ii) Audit findings that relate to both the financial statements (paragraph (d)(2) of this section) and Federal awards (this paragraph (d)(3)) must be reported in both sections of the schedule. However, the reporting in one section of the schedule may be in summary form and reference a detailed reporting in the other section. (e) Nothing in this part precludes combining the reporting required by this section with the reporting required by § 200.512(b) when allowed by GAGAS and Appendix X of this part. § 200.516 Audit findings. (a) Audit findings reported. The auditor must report the following as an audit finding in the schedule of findings and questioned costs: (1) Significant deficiencies and material weaknesses in internal control over major programs. The auditor's determination of whether a deficiency in internal control is a significant deficiency or a material weakness for the purpose of reporting an audit finding is in relation to a type of compliance requirement for a major program identified in the compliance supplement. (2) Material noncompliance with the provisions of Federal statutes, regulations, or the terms and conditions of Federal awards related to a major program. The auditor's determination of whether noncompliance with the provisions of Federal statutes, regulations, or the terms and conditions of Federal awards is material for the purpose of reporting an audit finding is in relation to a type of compliance requirement for a major program identified in the compliance supplement. (3) Known questioned costs when either known or likely questioned costs are greater than $25,000 for a type of compliance requirement for a major program. When reporting questioned costs, the auditor must include information to provide proper perspective for evaluating the prevalence and consequences of the questioned costs. (4) Known questioned costs greater than $25,000 for a Federal program that is not audited as a major program. Except for audit follow-up, the auditor is not required to perform audit procedures for such a Federal program; therefore, the auditor will normally not find questioned costs for a program that is not audited as a major program. However, if the auditor does become aware of questioned costs for a Federal program that is not audited as a major program (for example, as part of audit follow-up or other audit procedures) and the known questioned costs are greater than $25,000, the auditor must report this as an audit finding. (5) The circumstances concerning why the auditor's report on compliance for each major program is other than an unmodified opinion. This must be included unless the circumstances are otherwise reported as audit findings in the schedule of findings and questioned costs. (6) Known or likely fraud affecting a Federal award, unless the fraud is otherwise reported as an audit finding in the schedule of findings and questioned costs. This paragraph does not require the auditor to publicly report information that could compromise investigative or legal proceedings or to make an additional reporting when the auditor confirms that the fraud was reported outside the auditor's reports under the direct reporting requirements of GAGAS. (7) Instances where the results of audit follow-up procedures disclosed that the summary schedule of prior audit findings prepared by the auditee in accordance with § 200.511(b) materially misrepresents the status of any prior audit finding. 579 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 179 (b) Audit finding detail and clarity. Audit findings must be presented with sufficient detail and clarity for the auditee to prepare a corrective action plan and take corrective action and for Federal agencies or pass- through entities to arrive at a management decision. As applicable, the following information must be included in audit findings: (1) The Federal program and specific Federal award identification, including the Assistance Listings title and number, Federal award identification number and year, the name of the Federal agency, and name of the applicable pass-through entity. When information, such as the Assistance Listings title and number or Federal award identification number, is unavailable, the auditor must provide the best information available to describe the Federal award. (2) The criteria or specific requirement for the audit finding (for example, the specific Federal statute, regulation, or term and condition of the Federal award). The criteria or specific requirement provides a context for evaluating evidence and understanding findings. The criteria should generally identify the required or desired state or expectation with respect to the program or operation. (3) The condition found, including facts that support the deficiency identified in the audit finding. (4) A statement of cause that identifies the reason or explanation for the condition or the factors responsible for the difference between the situation that exists (condition) and the required or desired state (criteria), which may also serve as a basis for recommendations for corrective action (5) The possible asserted effect to provide sufficient information to the auditee and Federal agency or pass- through entity to permit them to determine the cause and effect to facilitate prompt and proper corrective action. A statement of the effect or potential effect should provide a clear, logical link to establish the impact or potential impact of the difference between the condition and the criteria. (6) The identification of known questioned costs, by applicable Assistance Listing number(s) and Federal award identification number(s), and how these questioned costs were computed. (7) When there are known questioned costs but the dollar amount is undetermined or not reported, a description of why the dollar amount was undetermined or otherwise could not be reported. (8) Information to provide proper perspective for evaluating the prevalence and consequences of the audit finding. For example, whether the audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified must be related to the universe and the number of cases examined and be quantified in terms of dollar value. In addition, the audit finding should indicate whether the sampling was a statistically valid sample. (9) The identification of whether the audit finding is a repeat of a finding in the immediately prior audit. The audit finding must identify the applicable prior year audit finding reference numbers in these instances. (10) Recommendations to prevent future occurrences of the deficiency identified in the audit finding. (11) Views of responsible officials of the auditee. (c) Reference numbers. Each audit finding in the schedule of findings and questioned costs must include a reference number in the format meeting the requirements of the data collection form submission (see § 200.512(b)). § 200.517 Audit documentation. (a) Retention of audit documentation. The auditor must retain audit documentation and reports for a minimum of three years after the date of issuance of the auditor's report(s) to the auditee. The cognizant 580 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 180 agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity may extend the retention period by providing written notification to the auditor. When the auditor is aware that the Federal agency, pass-through entity, or auditee is contesting an audit finding, the auditor must contact the parties contesting the audit finding for guidance prior to the destruction of the audit documentation and reports. (b) Access to audit documentation. Audit documentation must be made available upon request to the cognizant or oversight agency for audit or its designee, cognizant agency for indirect cost, a Federal agency, or GAO at the completion of the audit, as part of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this part. Access to audit documentation includes the right of Federal agencies to obtain copies of audit documentation as is reasonable and necessary. § 200.518 Major program determination. (a) General. The auditor must use a risk-based approach to determine which Federal programs are major programs. This risk-based approach must consider current and prior audit experience, oversight by Federal agencies and pass-through entities, and the inherent risk of the Federal program. The process described in paragraphs (b) through (h) of this section must be followed. (b) Step one. (1) The auditor must identify and label the larger Federal programs as Type A programs. Type A programs are defined as Federal programs with Federal awards expended during the audit period exceeding the levels outlined in table 1: Table 1 to Paragraph (b)(1) Total Federal awards expended Type A threshold Equal to or exceed $1,000,000 but less than or equal to $34 million $1,000,000. Exceed $34 million but less than or equal to $100 million Total Federal awards expended times .03. Exceed $100 million but less than or equal to $1 billion $3 million. Exceed $1 billion but less than or equal to $10 billion Total Federal awards expended times .003. Exceed $10 billion but less than or equal to $20 billion $30 million. Exceed $20 billion Total Federal awards expended times .0015. (2) Federal programs not labeled Type A under paragraph (b)(1) of this section must be labeled Type B programs. (3) Including large loans and loan guarantees (loans) must not result in the exclusion of other programs as Type A programs. A Federal program providing loans is considered a large loan program when it exceeds four times the largest non-loan program. The auditor must identify each large loan program as a Type A program and exclude its values in determining other Type A programs. This recalculation of the Type A program is performed after removing the total of all large loan programs. For this paragraph, a program is only considered a Federal program providing loans if the value of Federal awards expended for loans within the program comprises 50 percent or more of the total Federal awards expended for the program. A cluster of programs is treated as one program, and the value of Federal awards expended under a loan program is determined as described in § 200.502. 581 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 181 (4) For biennial audits (see § 200.504), the determination of Type A and Type B programs must be based on the Federal awards expended during the two-year audit period. (c) Step two. (1) The auditor must identify Type A programs that are low-risk. In making this determination, the auditor must consider whether the requirements in § 200.519(c), the results of audit follow-up, or any changes in personnel or systems affecting the program indicate significantly increased risk and preclude the program from being low-risk. For a Type A program to be considered low-risk, it must have been audited as a major program in at least one of the two most recent audit periods (in the most recent audit period in the case of a biennial audit), and, in the most recent audit period, the program must not have had: (i) Internal control deficiencies that were identified as material weaknesses in the auditor's report on internal control for major programs as required under § 200.515(c); (ii) A modified opinion on the program in the auditor's report on major programs as required under § 200.515(c); or (iii) Known or likely questioned costs that exceed five percent of the total Federal awards expended for the program. (2) Notwithstanding paragraph (c)(1) of this section, OMB may approve a Federal agency request that a Type A program not be considered low-risk for a specific recipient. For example, it may be necessary for a large Type A program to be audited as a major program each year for a particular recipient for the Federal agency to comply with 31 U.S.C. 3515. The Federal agency must notify the auditee and, if known, the auditor of OMB's approval at least 180 calendar days prior to the end of the fiscal year to be audited. (d) Step three. (1) The auditor must identify high-risk Type B programs using professional judgment and the criteria in § 200.519. However, the auditor is not required to identify more high-risk Type B programs than at least one- fourth of the number of low-risk Type A programs identified as low-risk under step two. Except for known material weakness in internal control or compliance problems as discussed in § 200.519(b)(1), (2), and (c)(1), a single criterion in risk would rarely cause a Type B program to be considered high-risk. When identifying which Type B programs to assess for risk, the auditor is encouraged to use an approach that provides an opportunity for different high-risk Type B programs to be audited as major programs over a period of time. (2) The auditor is not expected to perform risk assessments on relatively small Federal programs. Therefore, the auditor is only required to perform risk assessments on Type B programs that exceed 25 percent (0.25) of the Type A threshold determined in step one. (e) Step four. At a minimum, the auditor must audit all of the following as major programs: (1) All Type A programs not identified as low-risk under step two. (2) All Type B programs identified as high-risk under step three. (3) Additional programs as necessary to comply with the percentage of coverage rule described in paragraph (f). This rule may require the auditor to audit more programs as major programs than the number of Type A programs. (f) Percentage of coverage rule. When the auditee meets the criteria in § 200.520, the auditor only needs to audit the major programs identified in paragraphs (e)(1) and (2) of this section and such additional 582 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 182 Federal programs with Federal awards expended that, in the aggregate, all major programs encompass at least 20 percent (0.20) of total Federal awards expended. Otherwise, the auditor must audit the major programs identified in paragraphs (e)(1) and (2) of this section and such additional Federal programs with Federal awards expended that, in the aggregate, all major programs encompass at least 40 percent (0.40) of total Federal awards expended. (g) Documentation of risk. The auditor must include in the audit documentation the risk analysis used for determining major programs. (h) Auditor's judgment. The auditor's judgment in applying the risk-based approach to determine major programs must be presumed correct when the determination was performed and documented in accordance with this part. Challenges by a Federal agency or pass-through entity must only be for clearly improper use of the requirements in this part. However, a Federal agency or pass-through entity may provide auditors guidance about the risk of a particular Federal program. The auditor must consider this guidance in determining major programs in audits not yet completed. § 200.519 Criteria for Federal program risk. (a) General. The auditor's determination should be based on an overall evaluation of the risk of noncompliance occurring that could be material to the Federal program. The auditor must consider criteria, such as those described in paragraphs (b), (c), and (d) of this section, to identify risk in Federal programs. Also, as part of the risk analysis, the auditor may wish to discuss a particular Federal program with auditee management and the Federal agency or pass-through entity. (b) Current and prior audit experience. (1) Weaknesses in internal control over Federal programs would indicate higher risk. Therefore, consideration should be given to the control environment over Federal programs. This includes considering factors such as the expectation of management's adherence to Federal statutes, regulations, and the terms and conditions of Federal awards, and the competence and experience of personnel who administer the Federal programs. (i) A Federal program administered under multiple internal control structures may have higher risk. When assessing risk in a large single audit, the auditor must consider whether weaknesses are isolated in a single operating unit (for example, one college campus) or pervasive throughout the entity. (ii) A weak system for monitoring subrecipients would indicate higher risk when significant parts of a Federal program are passed to subrecipients through subawards. (2) Prior audit findings would indicate higher risk, especially when the situations identified in the audit findings could significantly impact a Federal program or have not been corrected. (3) Federal programs not recently audited as major programs may be of higher risk than those recently audited as major programs without audit findings. (c) Oversight exercised by Federal agencies and pass-through entities. (1) The oversight exercised by Federal agencies or pass-through entities may be used to assess risk. For example, recent monitoring or other reviews performed by an oversight entity that disclosed no significant problems would indicate lower risk, whereas monitoring that disclosed significant problems would indicate higher risk. (2) With the concurrence of OMB, a Federal agency may identify Federal programs that are higher risk. OMB will identify these Federal programs in the compliance supplement. 583 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 183 (d) Inherent risk of the Federal program. (1) The nature of a Federal program may indicate risk. Consideration should be given to the complexity of the program and the extent to which the Federal program contracts for goods and services. For example, Federal programs that disburse funds through third-party contracts or have eligibility criteria may be higher risk. Federal programs primarily involving staff payroll costs may be at high risk for noncompliance with the requirements of § 200.430 but otherwise be at low risk. (2) The phase of a Federal program in its lifecycle at the Federal agency may indicate risk. For example, a new Federal program with new or interim regulations may have higher risk than an established program with time-tested regulations. Also, significant changes in Federal programs, statutes, regulations, or the terms and conditions of Federal awards may increase risk. (3) The phase of a Federal program in its lifecycle at the auditee may indicate risk. For example, during the first and last years that an auditee participates in a Federal program, the risk may be higher due to the start- up or closeout of program activities and staff. (4) Type B programs with larger Federal awards expended would be of higher risk than programs with substantially smaller Federal awards expended. § 200.520 Criteria for a low-risk auditee. An auditee that meets all of the following conditions for each of the preceding two audit periods must qualify as a low-risk auditee and be eligible for reduced audit coverage in accordance with § 200.518. (a) Single audits were performed on an annual basis in accordance with the provisions of this subpart, including submitting the data collection form and the reporting package to the FAC within the timeframe specified in § 200.512. A non-Federal entity that has biennial audits does not qualify as a low-risk auditee. (b) The auditor's opinion on whether the financial statements were prepared in accordance with generally accepted accounting principles (or a special purpose framework such as cash, modified cash, or regulatory as required by State law), and the auditor's in-relation-to opinion on the schedule of expenditures of Federal awards were unmodified. (c) No internal control deficiencies were identified as material weaknesses under the requirements of GAGAS. (d) The auditor did not report a substantial doubt about the auditee's ability to continue as a going concern. (e) None of the Federal programs had audit findings from any of the following in either of the preceding two audit periods in which they were classified as Type A programs: (1) Internal control deficiencies that were identified as material weaknesses in the auditor's report on internal control for major programs as required under § 200.515(c); (2) A modified opinion on a major program in the auditor's report on major programs as required under § 200.515(c); or (3) Known or likely questioned costs that exceeded five percent (.05) of the total Federal awards expended for a Type A program during the audit period. Management Decisions 584 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 184 § 200.521 Management decisions. (a) General. The management decision must clearly state whether or not the audit finding is sustained, the reasons for the decision, and the expected auditee action to repay disallowed costs, make financial adjustments or take other action. If the auditee has not completed corrective action, a timetable for follow- up should be given. Prior to issuing the management decision, the Federal agency or pass-through entity may request additional information or documentation from the auditee, including a request for auditor assurance related to the documentation, as a way of mitigating disallowed costs. The management decision should describe any appeal process available to the auditee. While not required, the Federal agency or pass-through entity may also issue a management decision on findings relating to the financial statements, which are required to be reported in accordance with GAGAS. (b) Federal agency. The cognizant agency for audit is responsible for coordinating a management decision for audit findings that affect the programs of more than one Federal agency (see § 200.513(a)(4)(viii)). The awarding Federal agency is responsible for issuing a management decision for audit findings that affect the Federal awards it makes to a non-Federal entity (see § 200.513(c)(3)(i)). (c) Pass-through entity. The pass-through entity is responsible for issuing a management decision for audit findings that affect subawards it issues to subrecipients under a Federal award (see § 200.332(e)). (d) Time requirements. The Federal agency or pass-through entity responsible for issuing a management decision must do so within six months of the FAC's acceptance of the audit report. The auditee must initiate and proceed with corrective action as rapidly as possible and corrective action should begin no later than upon receipt of the audit report. (e) Reference numbers. Management decisions must include the reference numbers the auditor assigned to each audit finding in accordance with § 200.516(c). Appendix I to Part 200—Full Text of Notice of Funding Opportunity (a) General Requirements. (1) Requirements for developing NOFOs. In developing a notice of funding opportunity (NOFO), Federal agencies must: (i) Be concise and use plain language per the guidance at PlainLanguage.gov wherever possible. (ii) For electronic NOFOs and other information about them, comply with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d). (2) Considerations for developing NOFOs. Federal agencies may: (i) Link to standard content to include required information rather than including the full language in the NOFO. The NOFO should make clear if linked information is critical—for example, standard terms and conditions, administrative and national policy requirements, and standard templates. (ii) Include links to relevant regulations and other sources. (iii) Use cross-references between the sections, including hyperlinks in electronic versions. (3) Required Consistency. Potential applicants must be able to find similar information across all Federal NOFOs. To that end, Federal agencies must include the same or similar section headings and a table of contents with at least these sections: 585 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 185 (i) Basic Information (ii) Eligibility (iii) Program Description (iv) Application Contents and Format (v) Submission Requirements and Deadlines (vi) Application Review Information (vii) Award Notices (viii) Post-Award Requirements and Administration (b) Required Sections and Information. As required below, the Federal agency must include the following sections and information in the text of a NOFO and a table of contents. (1) Basic Information. This section provides sufficient information to help an applicant make an informed decision about whether to submit a proposal. (i) This section must include the following: (A) Federal Agency Name. (B) Funding Opportunity Title. (C) I Announcement Type (whether the funding opportunity is the initial announcement or a modification of a previously announced opportunity). (D) Funding Opportunity Number (required, if the Federal agency has assigned a number to the funding opportunity announcement). (E) Assistance Listing Number(s). (F) Funding Details. The total amount of funding that the Federal agency expects to award, the anticipated number of awards, and the expected dollar values of individual awards, which may be a range. (G) Key Dates. Key dates include due dates for submitting applications or Executive Order 12372 submissions, as well as for any letters of intent or preapplications. For any announcement issued before a program's application materials are available, key dates also include the date on which those materials will be released; and any other additional information, as deemed applicable by the Federal agency. If possible, the Federal agency should provide an anticipated award date. If the NOFO is evaluated on a “rolling” basis, the Federal agency should provide an estimate of the time needed to process an application and notify the applicant of the Federal agency's decision. 586 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 186 (H) Executive Summary. A brief description that is written in plain language and summarizes the goals and objectives of the program, the target audience, and eligible recipients. The text of the executive summary should not exceed 500 words (I) Agency contact information. (ii) This section could include the following: (A) The amount of funding per Federal award, on average, experienced in previous years. (B) Whether this is a new program or a one-time initiative. (2) Eligibility. This section addresses the factors that determine applicant or application eligibility. (i) Eligible Applicants. This subsection must identify the following: (A) A complete and specific list of entity types eligible to apply. (B) Any additional restrictions on eligibility beyond the type of entity. (C) Eligibility factors for the principal investigator or project director, if any. (D) Criteria that would make any particular projects ineligible. (E) A reference to any funding restriction elsewhere in the NOFO that could affect an applicant's or project's eligibility. (F) A reference or link to any other factors that would disqualify an applicant or application, such as the responsiveness criteria in 6a. (G) Any limit on the number of applications an applicant may submit under the announcement. Make clear whether the limitation is on the submitting organization, individual investigator or program director, or both. (ii) Cost Sharing. This subsection must state: (A) Whether there is required cost sharing. This statement must be clear that not committing to the required cost sharing will make the application ineligible. If cost sharing is not required, the announcement must say so. (B) An explanation of the calculation for the required cost sharing. Required cost sharing may be a certain percentage or amount or in the form of contributions of specified items or activities (for example, provision of equipment). (C) Any restrictions on the types of cost, such as in-kind contributions, acceptable as cost sharing. (D) Any requirement to commit to cost sharing. This section should refer to the appropriate portions of section (b)(4) stating any pre-award requirements for the submission of letters or other documentation to verify commitments to meet cost-sharing requirements if a Federal award is made. (3) Program Description. This section contains the full program description of the funding opportunity. 587 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 187 (i) This section must include the following: (A) The general purpose of the funding and what it is expected to achieve for the public good. (B) The Federal agency's funding priorities or focus areas, if any. (C) Program goals and objectives. (D) A description of how the award will contribute to achieving the program's goals and objectives. (E) The expected performance goals, indicators, targets, baseline data, data collection, and other outcomes the Federal agency expects recipients to achieve. (F) For cooperative agreements, the “substantial involvement” that the Federal agency expects to have or should reference where the potential applicant can find that information. (G) Information on program specific unallowable costs so that the applicant can develop an application and budget consistent with program requirements and any limits on indirect costs. (H) Any eligibility criteria for beneficiaries or program participants other than Federal award recipients. (I) Citations for authorizing statutes and regulations for the funding opportunity. (ii) This section could also include the following: (A) Any program history, such as whether it is a new program or a new or changed area of program emphasis. (B) Examples of successful projects funded in the past. (C) For infrastructure projects subject to Build America, Buy America requirements, information on key items anticipated to be purchased under the program, and any related domestic sourcing concerns based on market research. (D) Other information the Federal agency finds necessary. (4) Application Contents and Format. This section must identify the required content of an application and the forms or formats an applicant must use. If any requirements are stated elsewhere, this section should refer to where those requirements may be found. This section also should include required forms or formats as part of the announcement or state where the applicant may obtain them. (i) This section must specifically address content and form or format requirements for: (A) Whether pre-applications, letters of intent, or white papers are required or encouraged. (B) The application as a whole. (C) Component pieces of the application. (D) Information that successful applicants must submit after notification of intent to make a Federal award but prior to a Federal award. For example, this could include evidence of compliance with requirements 588 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 188 relating to human subjects or information needed to comply with the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.). (ii) Within each of the categories above, this subsection must include, where relevant: (A) Limitations on page numbers. (B) Formatting requirements, including font and font size, margins, paper size, and color limitations. (C) Any requirements for file naming, file size limitations, or file format such as PDF. (D) The number of copies required if paper submissions are allowed. (E) The sequence required for application sections or components. (F) Signature requirements, including those for electronic submissions. (G) Any requirements for third-party information such as references, letters of support, or letters of commitment to the project or to contribute to cost sharing. (H) A reference to any requirements to provide documentation to support an eligibility determination, such as proof of 501(c)(3) status or an authorizing tribal resolution. (I) Instructions needed to develop the narrative portions of the application. Include any requirements for its order, format, or required headings. (J) If applicable, the need to identify proprietary information. Include how to do so and how the Federal agency will handle it. (5) Submission Requirements and Deadlines. (i) Address to Request Application Package. This section must include the following: (A) How to get application forms, kits, or other materials needed to apply. If the announcement contains everything needed, this section needs only say so. If not, the guidance must include: (1) An internet address where the materials can be accessed. (2) An email address. (3) A U.S. Postal Service mailing address. (4) Telephone number. (5) Telephone Device for the Deaf (TDD), Text Telephone (TTY) number, or other appropriate telecommunication relay service. (ii) Unique entity identifier and System for Award Management (SAM.gov). This section must state the requirements for unique entity identifiers and registration in SAM.gov. It must include the following: (A) Each applicant must: 589 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 189 (1) Be registered in SAM.gov before submitting its application; (2) Provide a valid unique entity identifier in its application; and (3) Continue to maintain an active registration in SAM.gov with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal agency. (B) If individuals are eligible to apply, they are exempt from this requirement under 2 CFR 25.110(b). (C) If the Federal agency exempts any applicants from this requirement under 2 CFR 25.110(c) or (d), a statement to that effect. (iii) Submission Instructions. This section addresses how the applicant will submit the application. It must include the following: (A) Actions needed prior to applying: (1) Instructions on any registrations required to access electronic submission systems or links to them. Where possible, provide the expected time frames needed to complete the registration process. (B) The methods for submitting the application: (1) Whether the applicant must submit in electronic or paper form or whether the applicant has an option. Applicants should not be required to submit in more than one format. (2) Instructions on how to submit electronically or links to them. Must include the URL to the electronic submission system and information on or links to information about the system or software requirements needed by the system. (3) If the Federal agency allows paper submissions, the process used to approve this option if it is not automatically allowed. (4) If the Federal agency allows paper submissions, the method for submitting the application. This information must include a postal address and “care of” information needed to route the application to the appropriate person, office, or email address, if the Federal agency allows such submissions. (C) If applicable, this section also must say how applicants must submit pre-applications, letters of intent, third-party information, or other information required before the award. It must include the following: (1) Instructions on how to submit electronically or links to them. (2) Whether the applicant must submit in electronic or paper form or whether the applicant has an option. (3) If the Federal agency allows paper submissions, the method for submitting the required information. This information must include a postal address and “care of” information needed to route the application to the appropriate person, office, or email address. (D) This section must also include what to do in the event of system problems and a point of contact who will be available if the applicant experiences technical difficulties. (iv) Submission Dates and Times. This section must include due dates and times for all submissions. If they are different for electronic and paper submissions, be clear about the differences. This includes the following: 590 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 190 (A) Full applications. (B) Any preliminary submissions, such as letters of intent, white papers, or pre-applications. (C) Any other submissions required before Federal award separate from the full application. (D) If the funding opportunity is a general announcement that is open for a period of time with no specific due dates for applications, this section should say so. (v) Intergovernmental Review. This section must include the following: (A) Whether or not the funding opportunity is subject to Executive Order 12372, “Intergovernmental Review of Federal Programs”. (B) If it is applicable, include the following: (1) A short description of this requirement. (2) Where applicants can find their State's Single Point of Contact, learn whether their State has an intergovernmental review process, and if so, get information on their State's process. The list of SPOCs is on the Office of Management and Budget's website. (6) Application Review Information. (i) Responsiveness Review. This section includes information on the criteria that make an application or project ineligible. These are sometimes referred to as “responsiveness” criteria, “go-no-go” criteria, or “threshold” criteria. Federal agencies may change the title of this section as appropriate. This section must include the following: (A) A brief understanding of the Federal agency responsiveness review process. (B) A list and enough detail to understand the criteria or disqualifying factors to be reviewed. (C) A reference to the regulation or requirement that describes the restriction, if applicable. For example, if entities that have been found to be in violation of a particular Federal statute are ineligible, say so. (ii) Review Criteria. This section must address the review criteria that the Federal agency will use to evaluate applications for merit. This information includes the merit and other review criteria evaluators will use to judge applications, including any statutory, regulatory, or other preferences that will be applied in the review process. These criteria are distinct from eligibility criteria that are addressed before an application is accepted for review and any program policy or other factors that are applied during the selection process, after the review process is completed. The intent is to make the application process transparent so applicants can make informed decisions when preparing their applications to maximize the fairness of the process. (A) This section must include the following: (1) A clear description of each criterion and sub-criterion used. (2) If criteria vary in importance, the relative percentages, weights, or other means used to distinguish between them. 591 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 191 (3) For statutory, regulatory, or other preferences, an explanation of those preferences with an explicit indication of their effect, for example, if they result in additional points being assigned. (4) How an applicant's proposed cost sharing will be considered in the review process if it is not an eligibility criterion in Section 2b. For example, to assign a certain number of additional points to applicants who offer cost sharing or to break ties among applications with equivalent scores after evaluation against all other factors. If cost sharing will not be considered in the evaluation, the announcement should say so. Do not include statements that cost sharing is encouraged without providing clarity about what that means. (5) The relevant information if the Federal agency permits applicants to nominate reviewers of their applications or suggest those they feel may be inappropriate due to a conflict of interest. (B) This section could include the following: (1) The types of people responsible for evaluation against the merit criteria. For example, peers external to the Federal agency or Federal agency personnel. (2) The number of people on an evaluation panel and how it operates, how reviewers are selected, reviewer qualifications, and how conflicts of interest are avoided. (iii) Review and Selection Process. This section may vary in the level of detail provided. (A) It must include the following: (1) Any program policy, factors, or elements that the selecting official may use in selecting applications for the award. For example, geographical dispersion, program balance, or diversity. (2) A brief description of the merit review process, including how the Federal agency uses merit review outcomes in final decision-making. For example, whether they are advisory only. (B) It could also include the following: (1) Who makes the final selections for awards. (2) Any multi-phase review methods. For example, an external panel that advises on, makes, or approves final recommendations to the deciding official. (iv) Risk Review. (A) This section must include the following: (1) A brief description of the factors used for the Federal agency's risk review as required by § 200.206. (2) If the Federal agency expects that any award under the NOFO will be more than the simplified acquisition threshold during its period of performance, include the following information: (i) That before making a Federal award with a total amount of Federal share greater than the simplified acquisition threshold, the Federal agency must review and consider any information about the applicant that is in the responsibility/qualification records available in SAM.gov (see 41 U.S.C. 2313). (ii) That an applicant can review and comment on any information in the responsibility/qualification records available in SAM.gov. 592 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 192 (iii) That before making decisions in the risk review required by § 200.206 the Federal agency will consider any comments by the applicant, along with information available in the responsibility/qualification records in SAM.gov. (7) Award Notices. This section must address what a successful applicant can expect to receive following selection. (i) It must include the following: (A) If the Federal agency's practice is to provide a separate notice stating that an application has been selected before it makes the Federal award, indicate that the letter is not an authorization to begin performance and that the Federal award is the authorizing document. (B) If pre-award costs are allowed, beginning performance is at the applicant's own risk. (C) This section should indicate that the notice of Federal award signed by the grants officer, or equivalent, is the official document that obligates funds, and whether it is provided through postal mail or by electronic means and to whom. (D) The timing, form, and content of notifications to unsuccessful applicants. See also § 200.211. (8) Post-Award Requirements and Administration. (i) Administrative and National Policy Requirements. Providing information on administrative and policy requirements lets a potential applicant identify any requirements with which it would have difficulty complying. This section must include the following: (A) A statement related to the “general” terms and conditions of the award, including requirements that the Federal agency normally includes. (B) Any relevant specific terms and conditions. (C) Any special requirements that could apply to specific awards after the review of applications and other information based on the particular circumstances of the effort to be supported. For example, if human subjects were to be involved or if some situations may justify specific terms on intellectual property, data sharing, or security requirements. (D) As in other sections, the announcement need not include all terms and conditions of the award but may refer to documents with details on terms and conditions. (ii) Reporting. This section includes information needed to understand the post-award reporting requirements. Highlight any special reporting requirements for Federal awards under this funding opportunity that differ from what the Federal agency's Federal awards usually require. For example, differences in report type, frequency, form, format, or circumstances for use. This section must include the following: (A) The type of reporting required, such as financial or performance. (B) The reporting frequency. (C) The means of submission, such as paper or electronic. (D) References to all relevant requirements, such as those at 2 CFR 180.335 and 180.350. 593 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 193 (E) If the Federal share of any Federal award may include more than $500,000 over the period of performance, this section must inform potential applicants about the post-award reporting requirements reflected in appendix XII to this part. (9) Other Information—Optional. This section may include any additional information to help potential applicants. For example, the section could include the following: (i) Related programs or other upcoming or ongoing Federal agency funding opportunities for similar activities. (ii) Current internet addresses for Federal agency websites that may be useful to an applicant in understanding the program. (iii) Routine notices to applicants. For example, the Federal Government is not obligated to make any Federal award as a result of the announcement, or only grants officers can bind the Federal Government to the expenditure of funds. [89 FR 30204, Apr. 22, 2024] Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The 594 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 194 contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See § 200.323. 595 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 195 (K) See § 200.216. (L) See § 200.322. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020] Appendix III to Part 200—Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Institutions of Higher Education (IHEs) A. General This appendix provides criteria for identifying and computing indirect (or indirect (F&A)) rates at IHEs (institutions). Indirect (F&A) costs are those that are incurred for common or joint objectives and therefore cannot be identified readily and specifically with a particular sponsored project, an instructional activity, or any other institutional activity. See subsection B.1 for a discussion of the components of indirect (F&A) costs. 1. Major Functions/Activities of an IHE Refers to instruction, organized research, other sponsored activities and other institutional activities as defined in this section: a. Instruction means the teaching and training activities of an institution. Except for research training as provided in subsection b, this term includes all teaching and training activities, whether they are offered for credits toward a degree or certificate or on a non-credit basis, and whether they are offered through regular academic departments or separate divisions, such as a summer school division or an extension division. Also considered part of this major function are departmental research, and, where agreed to, university research. (1) Sponsored instruction and training means specific instructional or training activity established by grant, contract, or cooperative agreement. For purposes of the cost principles, this activity may be considered a major function even though an institution's accounting treatment may include it in the instruction function. (2) Departmental research means research, development and scholarly activities that are not organized research and, consequently, are not separately budgeted and accounted for. Departmental research, for purposes of this document, is not considered as a major function, but as a part of the instruction function of the institution. (3) Only mandatory cost sharing or cost sharing specifically committed in the project budget must be included in the organized research base for computing the indirect (F&A) cost rate or reflected in any allocation of indirect costs. Salary costs above statutory limits are not considered cost sharing. b. Organized research means all research and development activities of an institution that are separately budgeted and accounted for. It includes: (1) Sponsored research means all research and development activities that are sponsored by Federal and non-Federal agencies and organizations. This term includes activities involving the training of individuals in research techniques (commonly called research training) where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. (2) University research means all research and development activities that are separately budgeted and accounted for by the institution under an internal application of institutional funds. University research, for 596 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 196 purposes of this document, must be combined with sponsored research under the function of organized research. c. Other sponsored activities means programs and projects financed by Federal and non-Federal agencies and organizations which involve the performance of work other than instruction and organized research. Examples of such programs and projects are health service projects and community service programs. However, when any of these activities are undertaken by the institution without outside support, they may be classified as other institutional activities. d. Other institutional activities means all activities of an institution except for instruction, departmental research, organized research, and other sponsored activities, as defined in this section; indirect (F&A) cost activities identified in this Appendix paragraph B, Identification and assignment of indirect (F&A) costs; and specialized services facilities described in § 200.468 of this part. 2. Criteria for Distribution a. Base period. A base period for distribution of indirect (F&A) costs is the period during which the costs are incurred. The base period normally should coincide with the fiscal year established by the institution, but in any event the base period should be so selected as to avoid inequities in the distribution of costs. b. Need for cost groupings. The overall objective of the indirect (F&A) cost allocation process is to distribute the indirect (F&A) costs described in Section B, Identification and assignment of indirect (F&A) costs, to the major functions of the institution in proportions reasonably consistent with the nature and extent of their use of the institution's resources. In order to achieve this objective, it may be necessary to provide for selective distribution by establishing separate groupings of cost within one or more of the indirect (F&A) cost categories referred to in subsection B.1. In general, the cost groupings established within a category should constitute, in each case, a pool of those items of expense that are considered to be of like nature in terms of their relative contribution to (or degree of remoteness from) the particular cost objectives to which distribution is appropriate. Cost groupings should be established considering the general guides provided in subsection c of this section. Each such pool or cost grouping should then be distributed individually to the related cost objectives, using the distribution base or method most appropriate in light of the guidelines set forth in subsection d of this section. c. General considerations on cost groupings. The extent to which separate cost groupings and selective distribution would be appropriate at an institution is a matter of judgment to be determined on a case-by- case basis. Typical situations which may warrant the establishment of two or more separate cost groupings (based on account classification or analysis) within an indirect (F&A) cost category include but are not limited to the following: (1) If certain items or categories of expense relate solely to one of the major functions of the institution or to less than all functions, such expenses should be set aside as a separate cost grouping for direct assignment or selective allocation in accordance with the guides provided in subsections b and d. (2) If any types of expense ordinarily treated as general administration or departmental administration are charged to Federal awards as direct costs, expenses applicable to other activities of the institution when incurred for the same purposes in like circumstances must, through separate cost groupings, be excluded from the indirect (F&A) costs allocable to those Federal awards and included in the direct cost of other activities for cost allocation purposes. (3) If it is determined that certain expenses are for the support of a service unit or facility whose output is susceptible of measurement on a workload or other quantitative basis, such expenses should be set aside as a separate cost grouping for distribution on such basis to organized research, instructional, and other activities at the institution or within the department. 597 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 197 (4) If activities provide their own purchasing, personnel administration, building maintenance or similar service, the distribution of general administration and general expenses, or operation and maintenance expenses to such activities should be accomplished through cost groupings which include only that portion of central indirect (F&A) costs (such as for overall management) which are properly allocable to such activities. (5) If the institution elects to treat fringe benefits as indirect (F&A) charges, such costs should be set aside as a separate cost grouping for selective distribution to related cost objectives. (6) The number of separate cost groupings within a category should be held within practical limits, after taking into consideration the materiality of the amounts involved and the degree of precision attainable through less selective methods of distribution. d. Selection of distribution method. (1) Actual conditions must be taken into account in selecting the method or base to be used in distributing individual cost groupings. The essential consideration in selecting a base is that it be the one best suited for assigning the pool of costs to cost objectives in accordance with benefits derived; with a traceable cause- and-effect relationship; or with logic and reason, where neither benefit nor a cause-and-effect relationship is determinable. (2) If a cost grouping can be identified directly with the cost objective benefitted, it should be assigned to that cost objective. (3) If the expenses in a cost grouping are more general in nature, the distribution may be based on a cost analysis study which results in an equitable distribution of the costs. Such cost analysis studies may take into consideration weighting factors, population, or space occupied if appropriate. Cost analysis studies, however, must (a) be appropriately documented in sufficient detail for subsequent review by the cognizant agency for indirect costs, (b) distribute the costs to the related cost objectives in accordance with the relative benefits derived, (c) be statistically sound, (d) be performed specifically at the institution at which the results are to be used, and (e) be reviewed periodically, but not less frequently than rate negotiations, updated if necessary, and used consistently. Any assumptions made in the study must be stated and explained. The use of cost analysis studies and periodic changes in the method of cost distribution must be fully justified. (4) If a cost analysis study is not performed, or if the study does not result in an equitable distribution of the costs, the distribution must be made in accordance with the appropriate base cited in Section B, unless one of the following conditions is met: (a) It can be demonstrated that the use of a different base would result in a more equitable allocation of the costs, or that a more readily available base would not increase the costs charged to Federal awards, or (b) The institution qualifies for, and elects to use, the simplified method for computing indirect (F&A) cost rates described in Section D. 598 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 198 (5) Notwithstanding subsection (3), effective July 1, 1998, a cost analysis or base other than that in Section B must not be used to distribute utility or student services costs. Instead, subsection B.4.c, may be used in the recovery of utility costs. e. Order of distribution. (1) Indirect (F&A) costs are the broad categories of costs discussed in Section B.1. (2) Depreciation, interest expenses, operation and maintenance expenses, and general administrative and general expenses should be allocated in that order to the remaining indirect (F&A) cost categories as well as to the major functions and specialized service facilities of the institution. Other cost categories may be allocated in the order determined to be most appropriate by the institutions. When cross allocation of costs is made as provided in subsection (3), this order of allocation does not apply. (3) Normally an indirect (F&A) cost category will be considered closed once it has been allocated to other cost objectives, and costs may not be subsequently allocated to it. However, a cross allocation of costs between two or more indirect (F&A) cost categories may be used if such allocation will result in a more equitable allocation of costs. If a cross allocation is used, an appropriate modification to the composition of the indirect (F&A) cost categories described in Section B is required. B. Identification and Assignment of Indirect (F&A) Costs 1. Definition of Facilities and Administration See § 200.414 which provides the basis for these indirect cost requirements. 2. Depreciation a. The expenses under this heading are the portion of the costs of the institution's buildings, capital improvements to land and buildings, and equipment which are computed in accordance with § 200.436. b. In the absence of the alternatives provided for in Section A.2.d, the expenses included in this category must be allocated in the following manner: (1) Depreciation on buildings used exclusively in the conduct of a single function, and on capital improvements and equipment used in such buildings, must be assigned to that function. (2) Depreciation on buildings used for more than one function, and on capital improvements and equipment used in such buildings, must be allocated to the individual functions performed in each building on the basis of usable square feet of space, excluding common areas such as hallways, stairwells, and rest rooms. (3) Depreciation on buildings, capital improvements and equipment related to space (e.g., individual rooms, laboratories) used jointly by more than one function (as determined by the users of the space) must be treated as follows. The cost of each jointly used unit of space must be allocated to benefitting functions on the basis of: (a) The employee full-time equivalents (FTEs) or salaries and wages of those individual functions benefitting from the use of that space; or (b) Institution-wide employee FTEs or salaries and wages applicable to the benefitting major functions (see Section A.1) of the institution. 599 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 199 (4) Depreciation on certain capital improvements to land, such as paved parking areas, fences, sidewalks, and the like, not included in the cost of buildings, must be allocated to user categories of students and employees on a full-time equivalent basis. The amount allocated to the student category must be assigned to the instruction function of the institution. The amount allocated to the employee category must be further allocated to the major functions of the institution in proportion to the salaries and wages of all employees applicable to those functions. 3. Interest Interest on debt associated with certain buildings, equipment and capital improvements, as defined in § 200.449, must be classified as an expenditure under the category Facilities. These costs must be allocated in the same manner as the depreciation on the buildings, equipment and capital improvements to which the interest relates. 4. Operation and Maintenance Expenses a. The expenses under this heading are those that have been incurred for the administration, supervision, operation, maintenance, preservation, and protection of the institution's physical plant. They include expenses normally incurred for such items as janitorial and utility services; repairs and ordinary or normal alterations of buildings, furniture and equipment; care of grounds; maintenance and operation of buildings and other plant facilities; security; earthquake and disaster preparedness; environmental safety; hazardous waste disposal; property, liability and all other insurance relating to property; space and capital leasing; facility planning and management; and central receiving. The operation and maintenance expense category should also include its allocable share of fringe benefit costs, depreciation, and interest costs. b. In the absence of the alternatives provided for in Section A.2.d, the expenses included in this category must be allocated in the same manner as described in subsection 2.b for depreciation. c. A utility cost adjustment of up to 1.3 percentage points may be included in the negotiated indirect cost rate of the IHE for organized research, per the computation alternatives in paragraphs (c)(1) and (2) of this section: (1) Where space is devoted to a single function and metering allows unambiguous measurement of usage related to that space, costs must be assigned to the function located in that space. (2) Where space is allocated to different functions and metering does not allow unambiguous measurement of usage by function, costs must be allocated as follows: (i) Utilities costs should be apportioned to functions in the same manner as depreciation, based on the calculated difference between the site or building actual square footage for monitored research laboratory space (site, building, floor, or room), and a separate calculation prepared by the IHE using the “effective square footage” described in subsection (c)(2)(ii) of this section. (ii) “Effective square footage” allocated to research laboratory space must be calculated as the actual square footage times the relative energy utilization index (REUI) posted on the OMB Web site at the time of a rate determination. A. This index is the ratio of a laboratory energy use index (lab EUI) to the corresponding index for overall average college or university space (college EUI). B. In July 2012, values for these two indices (taken respectively from the Lawrence Berkeley Laboratory “Labs for the 21st Century” benchmarking tool and the US Department of Energy “Buildings Energy Databook” and were 310 kBtu/sq ft-yr. and 155 kBtu/sq ft-yr., so that the adjustment ratio is 2.0 by this methodology. To retain currency, OMB will adjust the EUI numbers from time to time (no more often than 600 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 200 annually nor less often than every 5 years), using reliable and publicly disclosed data. Current values of both the EUIs and the REUI will be posted on the OMB website. 5. General Administration and General Expenses a. The expenses under this heading are those that have been incurred for the general executive and administrative offices of educational institutions and other expenses of a general character which do not relate solely to any major function of the institution; i.e., solely to (1) instruction, (2) organized research, (3) other sponsored activities, or (4) other institutional activities. The general administration and general expense category should also include its allocable share of fringe benefit costs, operation and maintenance expense, depreciation, and interest costs. Examples of general administration and general expenses include: Those expenses incurred by administrative offices that serve the entire university system of which the institution is a part; central offices of the institution such as the President's or Chancellor's office, the offices for institution-wide financial management, business services, budget and planning, personnel management, and safety and risk management; the office of the General Counsel; and the operations of the central administrative management information systems. General administration and general expenses must not include expenses incurred within non-university-wide deans' offices, academic departments, organized research units, or similar organizational units. (See subsection 6.) b. In the absence of the alternatives provided for in Section A.2.d, the expenses included in this category must be grouped first according to common major functions of the institution to which they render services or provide benefits. The aggregate expenses of each group must then be allocated to serviced or benefitted functions on the modified total cost basis. Modified total costs consist of the same elements as those in Section C.2. When an activity included in this indirect (F&A) cost category provides a service or product to another institution or organization, an appropriate adjustment must be made to either the expenses or the basis of allocation or both, to assure a proper allocation of costs. 6. Departmental Administration Expenses a. The expenses under this heading are those that have been incurred for administrative and supporting services that benefit common or joint departmental activities or objectives in academic deans' offices, academic departments and divisions, and organized research units. Organized research units include such units as institutes, study centers, and research centers. Departmental administration expenses are subject to the following limitations. (1) Academic deans' offices. Salaries and operating expenses are limited to those attributable to administrative functions. (2) Academic departments: (a) Salaries and fringe benefits attributable to the administrative work (including bid and proposal preparation) of faculty (including department heads) and other professional personnel conducting research and/or instruction, must be allowed at a rate of 3.6 percent of modified total direct costs. This category does not include professional business or professional administrative officers. This allowance must be added to the computation of the indirect (F&A) cost rate for major functions in Section C; the expenses covered by the allowance must be excluded from the departmental administration cost pool. No documentation is required to support this allowance. 601 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 201 (b) Other administrative and supporting expenses incurred within academic departments are allowable provided they are treated consistently in like circumstances. This would include expenses such as the salaries of secretarial and clerical staffs, the salaries of administrative officers and assistants, travel, office supplies, stockrooms, and the like. (3) Other fringe benefit costs applicable to the salaries and wages included in subsections (1) and (2) are allowable, as well as an appropriate share of general administration and general expenses, operation and maintenance expenses, and depreciation. (4) Federal agencies may authorize reimbursement of additional costs for department heads and faculty only in exceptional cases where an institution can demonstrate undue hardship or detriment to project performance. b. The following guidelines apply to the determination of departmental administrative costs as direct or indirect (F&A) costs. (1) In developing the departmental administration cost pool, special care should be exercised to ensure that costs incurred for the same purpose in like circumstances are treated consistently as either direct or indirect (F&A) costs. For example, salaries of technical staff, laboratory supplies (e.g., chemicals), telephone toll charges, animals, animal care costs, computer costs, travel costs, and specialized shop costs must be treated as direct costs wherever identifiable to a particular cost objective. Direct charging of these costs may be accomplished through specific identification of individual costs to benefitting cost objectives, or through recharge centers or specialized service facilities, as appropriate under the circumstances. See §§ 200.413(c) and 200.468. (2) Items such as office supplies, postage, local telephone costs, and memberships must normally be treated as indirect (F&A) costs. c. In the absence of the alternatives provided for in Section A.2.d, the expenses included in this category must be allocated as follows: (1) The administrative expenses of the dean's office of each college and school must be allocated to the academic departments within that college or school on the modified total cost basis. (2) The administrative expenses of each academic department, and the department's share of the expenses allocated in subsection (1) must be allocated to the appropriate functions of the department on the modified total cost basis. 7. Sponsored Projects Administration a. The expenses under this heading are limited to those incurred by a separate organization(s) established primarily to administer sponsored projects, including such functions as grant and contract administration (Federal and non-Federal), special security, purchasing, personnel, administration, and editing and publishing of research and other reports. They include the salaries and expenses of the head of such organization, assistants, and immediate staff, together with the salaries and expenses of personnel engaged in supporting activities maintained by the organization, such as stock rooms, print shops, and the like. This category also includes an allocable share of fringe benefit costs, general administration and general expenses, operation and maintenance expenses, and depreciation. Appropriate adjustments will be made for services provided to other functions or organizations. b. In the absence of the alternatives provided for in Section A.2.d, the expenses included in this category must be allocated to the major functions of the institution under which the sponsored projects are conducted on the basis of the modified total cost of sponsored projects. 602 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 202 c. An appropriate adjustment must be made to eliminate any duplicate charges to Federal awards when this category includes similar or identical activities as those included in the general administration and general expense category or other indirect (F&A) cost items, such as accounting, procurement, or personnel administration. 8. Library Expenses a. The expenses under this heading are those that have been incurred for the operation of the library, including the cost of books and library materials purchased for the library, less any items of library income that qualify as applicable credits under § 200.406. The library expense category should also include the fringe benefits applicable to the salaries and wages included therein, an appropriate share of general administration and general expense, operation and maintenance expense, and depreciation. Costs incurred in the purchases of rare books (museum-type books) with no value to Federal awards should not be allocated to them. b. In the absence of the alternatives provided for in Section A.2.d, the expenses included in this category must be allocated first on the basis of primary categories of users, including students, professional employees, and other users. (1) The student category must consist of full-time equivalent students enrolled at the institution, regardless of whether they earn credits toward a degree or certificate. (2) The professional employee category must consist of all faculty members and other professional employees of the institution, on a full-time equivalent basis. This category may also include post-doctorate fellows and graduate students. (3) The other users category must consist of a reasonable factor as determined by institutional records to account for all other users of library facilities. c. Amount allocated in paragraph b of this section must be assigned further as follows: (1) The amount in the student category must be assigned to the instruction function of the institution. (2) The amount in the professional employee category must be assigned to the major functions of the institution in proportion to the salaries and wages of all faculty members and other professional employees applicable to those functions. (3) The amount in the other users category must be assigned to the other institutional activities function of the institution. 9. Student Administration and Services a. The expenses under this heading are those that have been incurred for the administration of student affairs and for services to students, including expenses of such activities as deans of students, admissions, registrar, counseling and placement services, student advisers, student health and infirmary services, catalogs, and commencements and convocations. The salaries of members of the academic staff whose responsibilities to the institution require administrative work that benefits sponsored projects may also be included to the extent that the portion charged to student administration is determined in accordance with subpart E of this Part. This expense category also includes the fringe benefit costs applicable to the salaries and wages included therein, an appropriate share of general administration and general expenses, operation and maintenance, interest expense, and depreciation. b. In the absence of the alternatives provided for in Section A.2.d, the expenses in this category must be allocated to the instruction function, and subsequently to Federal awards in that function. 603 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 203 10. Offset for Indirect (F&A) Expenses Otherwise Provided for by the Federal Government a. The items to be accumulated under this heading are the reimbursements and other payments from the Federal Government which are made to the institution to support solely, specifically, and directly, in whole or in part, any of the administrative or service activities described in subsections 2 through 9. b. The items in this group must be treated as a credit to the affected individual indirect (F&A) cost category before that category is allocated to benefitting functions. C. Determination and Application of Indirect (F&A) Cost Rate or Rates 1. Indirect (F&A) Cost Pools a. (1) Subject to subsection b, the separate categories of indirect (F&A) costs allocated to each major function of the institution as prescribed in Section B, must be aggregated and treated as a common pool for that function. The amount in each pool must be divided by the distribution base described in subsection 2 to arrive at a single indirect (F&A) cost rate for each function. (2) The rate for each function is used to distribute indirect (F&A) costs to individual Federal awards of that function. Since a common pool is established for each major function of the institution, a separate indirect (F&A) cost rate would be established for each of the major functions described in Section A.1 under which Federal awards are carried out. (3) Each institution's indirect (F&A) cost rate process must be appropriately designed to ensure that Federal sponsors do not in any way subsidize the indirect (F&A) costs of other sponsors, specifically activities sponsored by industry and foreign governments. Accordingly, each allocation method used to identify and allocate the indirect (F&A) cost pools, as described in Sections A.2 and B.2 through B.9, must contain the full amount of the institution's modified total costs or other appropriate units of measurement used to make the computations. In addition, the final rate distribution base (as defined in subsection 2) for each major function (organized research, instruction, etc., as described in Section A.1 functions of an institution) must contain all the programs or activities which utilize the indirect (F&A) costs allocated to that major function. At the time an indirect (F&A) cost proposal is submitted to a cognizant agency for indirect costs, each institution must describe the process it uses to ensure that Federal funds are not used to subsidize industry and foreign government funded programs. 2. The Distribution Basis Indirect (F&A) costs must be distributed to applicable Federal awards and other benefitting activities within each major function (see section A.1) on the basis of modified total direct costs (MTDC), consisting of all salaries and wages, fringe benefits, materials and supplies, services, travel, and up to the first $50,000 of each subaward (regardless of the period covered by the subaward). MTDC is defined in § 200.1. For this purpose, an indirect (F&A) cost rate should be determined for each of the separate indirect (F&A) cost pools developed pursuant to subsection 1. The rate in each case should be stated as the percentage which the amount of the particular indirect (F&A) cost pool is of the modified total direct costs identified with such pool. 3. Negotiated Lump Sum for Indirect (F&A) Costs A negotiated fixed amount in lieu of indirect (F&A) costs may be appropriate for self-contained, off-campus, or primarily subcontracted activities where the benefits derived from an institution's indirect (F&A) services cannot be readily determined. Such negotiated indirect (F&A) costs will be treated as an offset before 604 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 204 allocation to instruction, organized research, other sponsored activities, and other institutional activities. The base on which such remaining expenses are allocated should be appropriately adjusted. 4. Predetermined Rates for Indirect (F&A) Costs Public Law 87-638 (76 Stat. 437) as amended (41 U.S.C. 4708) authorizes the use of predetermined rates in determining the “indirect costs” (indirect (F&A) costs) applicable under research agreements with educational institutions. The stated objectives of the law are to simplify the administration of cost-type research and development contracts (including grants) with educational institutions, to facilitate the preparation of their budgets, and to permit more expeditious closeout of such contracts when the work is completed. In view of the potential advantages offered by this procedure, negotiation of predetermined rates for indirect (F&A) costs for a period of two to four years should be the norm in those situations where the cost experience and other pertinent facts available are deemed sufficient to enable the parties involved to reach an informed judgment as to the probable level of indirect (F&A) costs during the ensuing accounting periods. 5. Negotiated Fixed Rates and Carry-Forward Provisions When a fixed rate is negotiated in advance for a fiscal year (or other time period), the over- or under- recovery for that year may be included as an adjustment to the indirect (F&A) cost for the next rate negotiation. When the rate is negotiated before the carry-forward adjustment is determined, the carry- forward amount may be applied to the next subsequent rate negotiation. When such adjustments are to be made, each fixed rate negotiated in advance for a given period will be computed by applying the expected indirect (F&A) costs allocable to Federal awards for the forecast period plus or minus the carry-forward adjustment (over- or under-recovery) from the prior period, to the forecast distribution base. Unrecovered amounts under lump-sum agreements or cost-sharing provisions of prior years must not be carried forward for consideration in the new rate negotiation. There must, however, be an advance understanding in each case between the institution and the cognizant agency for indirect costs as to whether these differences will be considered in the rate negotiation rather than making the determination after the differences are known. Further, institutions electing to use this carry-forward provision may not subsequently change without prior approval of the cognizant agency for indirect costs. In the event that an institution returns to a post-determined rate, any over- or under-recovery during the period in which negotiated fixed rates and carry-forward provisions were followed will be included in the subsequent post-determined rates. Where multiple rates are used, the same procedure will be applicable for determining each rate. 6. Provisional and Final Rates for Indirect (F&A) Costs Where the cognizant agency for indirect costs determines that cost experience and other pertinent facts do not justify the use of predetermined rates, or a fixed rate with a carry-forward, or if the parties cannot agree on an equitable rate, a provisional rate must be established. To prevent substantial overpayment or underpayment, the provisional rate may be adjusted by the cognizant agency for indirect costs during the institution's fiscal year. Predetermined or fixed rates may replace provisional rates at any time prior to the close of the institution's fiscal year. If a provisional rate is not replaced by a predetermined or fixed rate prior to the end of the institution's fiscal year, a final rate will be established and upward or downward adjustments will be made based on the actual allowable costs incurred for the period involved. 7. Fixed Rates for the Life of the Sponsored Agreement a. Except as provided in paragraph (c)(1) of § 200.414, Federal agencies must use the negotiated rates in effect at the time of the initial award throughout the life of the Federal award. Award levels for Federal awards may not be adjusted in future years as a result of changes in negotiated rates. “Negotiated rates” per the rate agreement include final, fixed, and predetermined rates and exclude provisional rates. “Life” for the purpose of this subsection means each competitive segment of a project. A competitive segment is a period of years approved by the Federal awarding agency at the time of the Federal award. If negotiated rate agreements do not extend through the life of the Federal award at the time of the initial award, then 605 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 205 the negotiated rate for the last year of the Federal award must be extended through the end of the life of the Federal award. b. Except as provided in § 200.414, when an educational institution does not have a negotiated rate with the Federal Government at the time of an award (because the educational institution is a new recipient or the parties cannot reach agreement on a rate), the provisional rate used at the time of the award must be adjusted once a rate is negotiated and approved by the cognizant agency for indirect costs. 8. Limitation on Reimbursement of Administrative Costs a. Notwithstanding the provisions of subsection C.1.a, the administrative costs charged to Federal awards awarded or amended (including continuation and renewal awards) with effective dates beginning on or after the start of the institution's first fiscal year which begins on or after October 1, 1991, must be limited to 26% of modified total direct costs (as defined in subsection 2) for the total of General Administration and General Expenses, Departmental Administration, Sponsored Projects Administration, and Student Administration and Services (including their allocable share of depreciation, interest costs, operation and maintenance expenses, and fringe benefits costs, as provided by Section B, and all other types of expenditures not listed specifically under one of the subcategories of facilities in Section B. b. Institutions should not change their accounting or cost allocation methods if the effect is to change the charging of a particular type of cost from F&A to direct, or to reclassify costs, or increase allocations from the administrative pools identified in paragraph B.1 of this Appendix to the other F&A cost pools or fringe benefits. Cognizant agencies for indirect cost are authorized to allow changes where an institution's charging practices are at variance with acceptable practices followed by a substantial majority of other institutions. 9. Alternative Method for Administrative Costs a. Notwithstanding the provisions of subsection C.1.a, an institution may elect to claim a fixed allowance for the “Administration” portion of indirect (F&A) costs. The allowance could be either 24% of modified total direct costs or a percentage equal to 95% of the most recently negotiated fixed or predetermined rate for the cost pools included under “Administration” as defined in Section B.1, whichever is less. Under this alternative, no cost proposal need be prepared for the “Administration” portion of the indirect (F&A) cost rate nor is further identification or documentation of these costs required (see subsection c). Where a negotiated indirect (F&A) cost agreement includes this alternative, an institution must make no further charges for the expenditure categories described in Section B.5, Section B.6, Section B.7, and Section B.9. b. In negotiations of rates for subsequent periods, an institution that has elected the option of subsection a may continue to exercise it at the same rate without further identification or documentation of costs. c. If an institution elects to accept a threshold rate as defined in subsection a of this section, it is not required to perform a detailed analysis of its administrative costs. However, in order to compute the facilities components of its indirect (F&A) cost rate, the institution must reconcile its indirect (F&A) cost proposal to its financial statements and make appropriate adjustments and reclassifications to identify the costs of each major function as defined in Section A.1, as well as to identify and allocate the facilities components. Administrative costs that are not identified as such by the institution's accounting system (such as those incurred in academic departments) will be classified as instructional costs for purposes of reconciling indirect (F&A) cost proposals to financial statements and allocating facilities costs. 10. Individual Rate Components In order to provide mutually agreed-upon information for management purposes, each indirect (F&A) cost rate negotiation or determination must include development of a rate for each indirect (F&A) cost pool as well as the overall indirect (F&A) cost rate. 606 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 206 11. Negotiation and Approval of Indirect (F&A) Rate a. Cognizant agency for indirect costs is defined in Subpart A. (1) Cost negotiation cognizance is assigned to the Department of Health and Human Services (HHS) or the Department of Defense's Office of Naval Research (DOD), normally depending on which of the two agencies (HHS or DOD) provides more funds directly to the educational institution for the most recent three years. Information on funding must be derived from relevant data gathered by the National Science Foundation. In cases where neither HHS nor DOD provides Federal funding directly to an educational institution, the cognizant agency for indirect costs assignment must default to HHS. Notwithstanding the method for cognizance determination described in this section, other arrangements for cognizance of a particular educational institution may also be based in part on the types of research performed at the educational institution and must be decided based on mutual agreement between HHS and DOD. Where a non-Federal entity only receives funds as a subrecipient, see § 200.332. (2) After cognizance is established, it must continue for a five-year period. b. Acceptance of rates. See § 200.414. c. Correcting deficiencies. The cognizant agency for indirect costs must negotiate changes needed to correct systems deficiencies relating to accountability for Federal awards. Cognizant agencies for indirect costs must address the concerns of other affected agencies, as appropriate, and must negotiate special rates for Federal agencies that are required to limit recovery of indirect costs by statute. d. Resolving questioned costs. The cognizant agency for indirect costs must conduct any necessary negotiations with an educational institution regarding amounts questioned by audit that are due the Federal Government related to costs covered by a negotiated agreement. e. Reimbursement. Reimbursement to cognizant agencies for indirect costs for work performed under this Part may be made by reimbursement billing under the Economy Act, 31 U.S.C. 1535. f. Procedure for establishing facilities and administrative rates must be established by one of the following methods: (1) Formal negotiation. The cognizant agency for indirect costs is responsible for negotiating and approving rates for an educational institution on behalf of all Federal agencies. Federal awarding agencies that do not have cognizance for indirect costs must notify the cognizant agency for indirect costs of specific concerns (i.e., a need to establish special cost rates) which could affect the negotiation process. The cognizant agency for indirect costs must address the concerns of all interested agencies, as appropriate. A pre- negotiation conference may be scheduled among all interested agencies, if necessary. The cognizant agency for indirect costs must then arrange a negotiation conference with the educational institution. (2) Other than formal negotiation. The cognizant agency for indirect costs and educational institution may reach an agreement on rates without a formal negotiation conference; for example, through correspondence or use of the simplified method described in this section D of this Appendix. g. Formalizing determinations and agreements. The cognizant agency for indirect costs must formalize all determinations or agreements reached with an educational institution and provide copies to other agencies having an interest. Determinations should include a description of any adjustments, the actual amount, both dollar and percentage adjusted, and the reason for making adjustments. h. Disputes and disagreements. Where the cognizant agency for indirect costs is unable to reach agreement with an educational institution with regard to rates or audit resolution, the appeal system of the cognizant agency for indirect costs must be followed for resolution of the disagreement. 607 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 207 12. Standard Format for Submission For facilities and administrative (indirect (F&A)) rate proposals, educational institutions must use the standard format, shown in section E of this appendix, to submit their indirect (F&A) rate proposal to the cognizant agency for indirect costs. The cognizant agency for indirect costs may, on an institution-by- institution basis, grant exceptions from all or portions of Part II of the standard format requirement. This requirement does not apply to educational institutions that use the simplified method for calculating indirect (F&A) rates, as described in Section D of this Appendix. As provided in section C.10 of this appendix, each F&A cost rate negotiation or determination must include development of a rate for each F&A cost pool as well as the overall F&A rate. D. Simplified Method for Small Institutions 1. General a. Where the total direct cost of work covered by this Part at an institution does not exceed $10 million in a fiscal year, the simplified procedure described in subsections 2 or 3 may be used in determining allowable indirect (F&A) costs. Under this simplified procedure, the institution's most recent annual financial report and immediately available supporting information must be utilized as a basis for determining the indirect (F&A) cost rate applicable to all Federal awards. The institution may use either the salaries and wages (see subsection 2) or modified total direct costs (see subsection 3) as the distribution basis. b. The simplified procedure should not be used where it produces results which appear inequitable to the Federal Government or the institution. In any such case, indirect (F&A) costs should be determined through use of the regular procedure. 2. Simplified Procedure—Salaries and Wages Base a. Establish the total amount of salaries and wages paid to all employees of the institution. b. Establish an indirect (F&A) cost pool consisting of the expenditures (exclusive of capital items and other costs specifically identified as unallowable) which customarily are classified under the following titles or their equivalents: (1) General administration and general expenses (exclusive of costs of student administration and services, student activities, student aid, and scholarships). (2) Operation and maintenance of physical plant and depreciation (after appropriate adjustment for costs applicable to other institutional activities). (3) Library. (4) Department administration expenses, which will be computed as 20 percent of the salaries and expenses of deans and heads of departments. In those cases where expenditures classified under subsection (1) have previously been allocated to other institutional activities, they may be included in the indirect (F&A) cost pool. The total amount of salaries and wages included in the indirect (F&A) cost pool must be separately identified. c. Establish a salary and wage distribution base, determined by deducting from the total of salaries and wages as established in subsection a from the amount of salaries and wages included under subsection b. 608 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 208 d. Establish the indirect (F&A) cost rate, determined by dividing the amount in the indirect (F&A) cost pool, subsection b, by the amount of the distribution base, subsection c. e. Apply the indirect (F&A) cost rate to direct salaries and wages for individual agreements to determine the amount of indirect (F&A) costs allocable to such agreements. 3. Simplified Procedure—Modified Total Direct Cost Base a. Establish the total costs incurred by the institution for the base period. b. Establish an indirect (F&A) cost pool consisting of the expenditures (exclusive of capital items and other costs specifically identified as unallowable) which customarily are classified under the following titles or their equivalents: (1) General administration and general expenses (exclusive of costs of student administration and services, student activities, student aid, and scholarships). (2) Operation and maintenance of physical plant and depreciation (after appropriate adjustment for costs applicable to other institutional activities). (3) Library. (4) Department administration expenses, which will be computed as 20 percent of the salaries and expenses of deans and heads of departments. In those cases where expenditures classified under subsection (1) have previously been allocated to other institutional activities, they may be included in the indirect (F&A) cost pool. The modified total direct costs amount included in the indirect (F&A) cost pool must be separately identified. c. Establish a modified total direct cost distribution base, as defined in Section C.2, The distribution basis, that consists of all institution's direct functions. d. Establish the indirect (F&A) cost rate, determined by dividing the amount in the indirect (F&A) cost pool, subsection b, by the amount of the distribution base, subsection c. e. Apply the indirect (F&A) cost rate to the modified total direct costs for individual agreements to determine the amount of indirect (F&A) costs allocable to such agreements. E. Documentation Requirements The standard format for documentation requirements for indirect (indirect (F&A)) rate proposals for claiming costs under the regular method is available on the OMB website. F. Certification 1. Certification of Charges To assure that expenditures for Federal awards are proper and in accordance with the agreement documents and approved project budgets, the annual and/or final fiscal reports or vouchers requesting payment under the agreements will include a certification, signed by an authorized official of the university, which reads “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and intent set forth in the award documents. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false 609 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 209 statements, false claims or otherwise. (U.S. Code, Title 18, Section 1001 and Title 31, Sections 3729-3733 and 3801-3812)”. 2. Certification of Indirect (F&A) Costs a. Policy. Cognizant agencies must not accept a proposed indirect cost rate unless such costs have been certified by the educational institution using the Certificate of indirect (F&A) Costs set forth in subsection F.2.c b. The certificate must be signed on behalf of the institution by the chief financial officer or an individual designated by an individual at a level no lower than vice president or chief financial officer. An indirect (F&A) cost rate is not binding upon the Federal Government if the most recent required proposal from the institution has not been certified. Where it is necessary to establish indirect (F&A) cost rates, and the institution has not submitted a certified proposal for establishing such rates in accordance with the requirements of this section, the Federal Government must unilaterally establish such rates. Such rates may be based upon audited historical data or such other data that have been furnished to the cognizant agency for indirect costs and for which it can be demonstrated that all unallowable costs have been excluded. When indirect (F&A) cost rates are unilaterally established by the Federal Government because of failure of the institution to submit a certified proposal for establishing such rates in accordance with this section, the rates established will be set at a level low enough to ensure that potentially unallowable costs will not be reimbursed. c. Certificate. The certificate required by this section must be in the following form: Certificate of Indirect (F&A) Costs This is to certify that to the best of my knowledge and belief: (1) I have reviewed the indirect (F&A) cost proposal submitted herewith; (2) All costs included in this proposal [identify date] to establish billing or final indirect (F&A) costs rate for [identify period covered by rate] are allowable in accordance with the requirements of the Federal agreement(s) to which they apply and with the cost principles applicable to those agreements. (3) This proposal does not include any costs which are unallowable under subpart E of this part such as (without limitation): Public relations costs, contributions and donations, entertainment costs, fines and penalties, lobbying costs, and defense of fraud proceedings; and (4) All costs included in this proposal are properly allocable to Federal agreements on the basis of a beneficial or causal relationship between the expenses incurred and the agreements to which they are allocated in accordance with applicable requirements. I declare that the foregoing is true and correct. Institution of Higher Education: Signature: Name of Official: Title: 610 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 210 Date of Execution: [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 80 FR 54409, Sept. 10, 2015; 85 FR 49577, Aug. 13, 2020; 89 FR 30206, Apr. 22, 2024] Appendix IV to Part 200—Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Nonprofit Organizations A. General 1. Indirect costs are those that have been incurred for common or joint objectives and cannot be readily identified with a particular final cost objective. Direct cost of minor amounts may be treated as indirect costs under the conditions described in § 200.413(d). After direct costs have been determined and assigned directly to awards or other work as appropriate, indirect costs are those remaining to be allocated to benefitting cost objectives. A cost may not be allocated to a Federal award as an indirect cost if any other cost incurred for the same purpose, in like circumstances, has been assigned to a Federal award as a direct cost. 2. “Major nonprofit organizations” are defined in paragraph (a) of § 200.414. See indirect cost rate reporting requirements in sections B.2.e and B.3.g of this Appendix. B. Allocation of Indirect Costs and Determination of Indirect Cost Rates 1. General a. If a nonprofit organization has only one major function, or where all its major functions benefit from its indirect costs to approximately the same degree, the allocation of indirect costs and the computation of an indirect cost rate may be accomplished through simplified allocation procedures, as described in section B.2 of this Appendix. b. If an organization has several major functions which benefit from its indirect costs in varying degrees, allocation of indirect costs may require the accumulation of such costs into separate cost groupings which then are allocated individually to benefitting functions by means of a base which best measures the relative degree of benefit. The indirect costs allocated to each function are then distributed to individual Federal awards and other activities included in that function by means of an indirect cost rate(s). c. The determination of what constitutes an organization's major functions will depend on its purpose in being; the types of services it renders to the public, its clients, and its members; and the amount of effort it devotes to such activities as fundraising, public information and membership activities. d. Specific methods for allocating indirect costs and computing indirect cost rates along with the conditions under which each method should be used are described in section B.2 through B.5 of this Appendix. e. The base period for the allocation of indirect costs is the period in which such costs are incurred and accumulated for allocation to work performed in that period. The base period normally should coincide with the organization's fiscal year but, in any event, must be so selected as to avoid inequities in the allocation of the costs. 2. Simplified Allocation Method a. Where an organization's major functions benefit from its indirect costs to approximately the same degree, the allocation of indirect costs may be accomplished by (i) separating the organization's total costs for the base period as either direct or indirect, and 611 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 211 (ii) dividing the total allowable indirect costs (net of applicable credits) by an equitable distribution base. The result of this process is an indirect cost rate which is used to distribute indirect costs to individual Federal awards. The rate should be expressed as the percentage which the total amount of allowable indirect costs bears to the base selected. This method should also be used where an organization has only one major function encompassing a number of individual projects or activities, and may be used where the level of Federal awards to an organization is relatively small. b. Both the direct costs and the indirect costs must exclude capital expenditures and unallowable costs. However, unallowable costs which represent activities must be included in the direct costs under the conditions described in § 200.413(e). c. The distribution base may be total direct costs (excluding capital expenditures and other distorting items, such as subawards for $50,000 or more), direct salaries and wages, or other base which results in an equitable distribution. The distribution base must exclude participant support costs as defined in § 200.1. d. Except where a special rate(s) is required in accordance with section B.5 of this Appendix, the indirect cost rate developed under the above principles is applicable to all Federal awards of the organization. If a special rate(s) is required, appropriate modifications must be made in order to develop the special rate(s). e. For an organization that receives more than $10 million in direct Federal funding in a fiscal year, a breakout of the indirect cost component into two broad categories, Facilities and Administration as defined in paragraph (a) of § 200.414, is required. The rate in each case must be stated as the percentage which the amount of the particular indirect cost category (i.e., Facilities or Administration) is of the distribution base identified with that category. 3. Multiple Allocation Base Method a. General. Where an organization's indirect costs benefit its major functions in varying degrees, indirect costs must be accumulated into separate cost groupings, as described in subparagraph b. Each grouping must then be allocated individually to benefitting functions by means of a base which best measures the relative benefits. The default allocation bases by cost pool are described in section B.3.c of this Appendix. b. Identification of indirect costs. Cost groupings must be established so as to permit the allocation of each grouping on the basis of benefits provided to the major functions. Each grouping must constitute a pool of expenses that are of like character in terms of functions they benefit and in terms of the allocation base which best measures the relative benefits provided to each function. The groupings are classified within the two broad categories: “Facilities” and “Administration,” as described in section A.3 of this Appendix. The indirect cost pools are defined as follows: (1) Depreciation. The expenses under this heading are the portion of the costs of the organization's buildings, capital improvements to land and buildings, and equipment which are computed in accordance with § 200.436. (2) Interest. Interest on debt associated with certain buildings, equipment and capital improvements are computed in accordance with § 200.449. (3) Operation and maintenance expenses. The expenses under this heading are those that have been incurred for the administration, operation, maintenance, preservation, and protection of the organization's physical plant. They include expenses normally incurred for such items as: janitorial and utility services; repairs and ordinary or normal alterations of buildings, furniture and equipment; care of grounds; maintenance and operation of buildings and other plant facilities; security; earthquake and disaster preparedness; environmental safety; hazardous waste disposal; property, liability and other insurance relating to property; space and capital leasing; facility planning and management; and central receiving. The operation and maintenance expenses category must also include its allocable share of fringe benefit costs, depreciation, and interest costs. 612 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 212 (4) General administration and general expenses. The expenses under this heading are those that have been incurred for the overall general executive and administrative offices of the organization and other expenses of a general nature which do not relate solely to any major function of the organization. This category must also include its allocable share of fringe benefit costs, operation and maintenance expense, depreciation, and interest costs. Examples of this category include central offices, such as the director's office, the office of finance, business services, budget and planning, personnel, safety and risk management, general counsel, management information systems, and library costs. In developing this cost pool, special care should be exercised to ensure that costs incurred for the same purpose in like circumstances are treated consistently as either direct or indirect costs. For example, salaries of technical staff, project supplies, project publication, telephone toll charges, computer costs, travel costs, and specialized services costs must be treated as direct costs wherever identifiable to a particular program. The salaries and wages of administrative and pooled clerical staff should normally be treated as indirect costs. Direct charging of these costs may be appropriate as described in § 200.413. Items such as office supplies, postage, local telephone costs, periodicals and memberships should normally be treated as indirect costs. c. Allocation bases. Actual conditions must be taken into account in selecting the base to be used in allocating the expenses in each grouping to benefitting functions. The essential consideration in selecting a method or a base is that it is the one best suited for assigning the pool of costs to cost objectives in accordance with benefits derived; a traceable cause and effect relationship; or logic and reason, where neither the cause nor the effect of the relationship is determinable. When an allocation can be made by assignment of a cost grouping directly to the function benefitted, the allocation must be made in that manner. When the expenses in a cost grouping are more general in nature, the allocation must be made through the use of a selected base which produces results that are equitable to both the Federal Government and the organization. The distribution must be made in accordance with the bases described herein unless it can be demonstrated that the use of a different base would result in a more equitable allocation of the costs, or that a more readily available base would not increase the costs charged to Federal awards. The results of special cost studies (such as an engineering utility study) must not be used to determine and allocate the indirect costs to Federal awards. (1) Depreciation. Depreciation expenses must be allocated in the following manner: (a) Depreciation on buildings used exclusively in the conduct of a single function, and on capital improvements and equipment used in such buildings, must be assigned to that function. (b) Depreciation on buildings used for more than one function, and on capital improvements and equipment used in such buildings, must be allocated to the individual functions performed in each building on the basis of usable square feet of space, excluding common areas, such as hallways, stairwells, and restrooms. (c) Depreciation on buildings, capital improvements and equipment related space (e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the users of the space) must be treated as follows. The cost of each jointly used unit of space must be allocated to the benefitting functions on the basis of: (i) the employees and other users on a full-time equivalent (FTE) basis or salaries and wages of those individual functions benefitting from the use of that space; or (ii) organization-wide employee FTEs or salaries and wages applicable to the benefitting functions of the organization. (d) Depreciation on certain capital improvements to land, such as paved parking areas, fences, sidewalks, and the like, not included in the cost of buildings, must be allocated to user categories on a FTE basis and distributed to major functions in proportion to the salaries and wages of all employees applicable to the functions. 613 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 213 (2) Interest. Interest costs must be allocated in the same manner as the depreciation on the buildings, equipment and capital equipment to which the interest relates. (3) Operation and maintenance expenses. Operation and maintenance expenses must be allocated in the same manner as the depreciation. (4) General administration and general expenses. General administration and general expenses must be allocated to benefitting functions based on modified total costs (MTC). The MTC is the modified total direct costs (MTDC), as described in § 200.1, plus the allocated indirect cost proportion. The expenses included in this category could be grouped first according to major functions of the organization to which they render services or provide benefits. The aggregate expenses of each group must then be allocated to benefitting functions based on MTC. d. Order of distribution. (1) Indirect cost categories consisting of depreciation, interest, operation and maintenance, and general administration and general expenses must be allocated in that order to the remaining indirect cost categories as well as to the major functions of the organization. Other cost categories should be allocated in the order determined to be most appropriate by the organization. This order of allocation does not apply if cross allocation of costs is made as provided in section B.3.d.2 of this Appendix. (2) Normally, an indirect cost category will be considered closed once it has been allocated to other cost objectives, and costs must not be subsequently allocated to it. However, a cross allocation of costs between two or more indirect costs categories could be used if such allocation will result in a more equitable allocation of costs. If a cross allocation is used, an appropriate modification to the composition of the indirect cost categories is required. e. Application of indirect cost rate or rates. Except where a special indirect cost rate(s) is required in accordance with section B.5 of this Appendix, the separate groupings of indirect costs allocated to each major function must be aggregated and treated as a common pool for that function. The costs in the common pool must then be distributed to individual Federal awards included in that function by use of a single indirect cost rate. f. Distribution basis. Indirect costs must be distributed to applicable Federal awards and other benefitting activities within each major function on the basis of MTDC (see definition in § 200.1). g. Individual Rate Components. An indirect cost rate must be determined for each separate indirect cost pool developed. The rate in each case must be stated as the percentage which the amount of the particular indirect cost pool is of the distribution base identified with that pool. Each indirect cost rate negotiation or determination agreement must include development of the rate for each indirect cost pool as well as the overall indirect cost rate. The indirect cost pools must be classified within two broad categories: “Facilities” and “Administration,” as described in § 200.414(a). 4. Direct Allocation Method a. Some nonprofit organizations treat all costs as direct costs except general administration and general expenses. These organizations generally separate their costs into three basic categories: (i) General administration and general expenses, (ii) fundraising, and (iii) other direct functions (including projects performed under Federal awards). Joint costs, such as depreciation, rental costs, operation and maintenance of facilities, telephone expenses, information 614 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 214 technology, and the like are prorated individually as direct costs to each category and to each Federal award or other activity using a base most appropriate to the particular cost being prorated. b. This method is acceptable, provided each joint cost is prorated using a base which accurately measures the benefits provided to each Federal award or other activity. The bases must be established in accordance with reasonable criteria and be supported by current data. This method is compatible with the Standards of Accounting and Financial Reporting for Voluntary Health and Welfare Organizations issued jointly by the National Health Council, Inc., the National Assembly of Voluntary Health and Social Welfare Organizations, and the United Way of America. c. Under this method, indirect costs consist exclusively of general administration and general expenses. In all other respects, the organization's indirect cost rates must be computed in the same manner as that described in section B.2 of this Appendix. 5. Special Indirect Cost Rates In some instances, a single indirect cost rate for all activities of an organization or for each major function of the organization may not be appropriate, since it would not take into account those different factors which may substantially affect the indirect costs applicable to a particular segment of work. For this purpose, a particular segment of work may be that performed under a single Federal award or it may consist of work under a group of Federal awards performed in a common environment. These factors may include the physical location of the work, the level of administrative support required, the nature of the facilities or other resources employed, the scientific disciplines or technical skills involved, the organizational arrangements used, or any combination thereof. When a particular segment of work is performed in an environment which appears to generate a significantly different level of indirect costs, provisions should be made for a separate indirect cost pool applicable to such work. The separate indirect cost pool should be developed during the course of the regular allocation process, and the separate indirect cost rate resulting therefrom should be used, provided it is determined that (i) the rate differs significantly from that which would have been obtained under sections B.2, B.3, and B.4 of this Appendix, and (ii) the volume of work to which the rate would apply is material. C. Negotiation and Approval of Indirect Cost Rates 1. Definitions As used in this section, the following terms have the meanings set forth in this section: a. Cognizant agency for indirect costs means the Federal agency responsible for negotiating and approving indirect cost rates for a nonprofit organization on behalf of all Federal agencies. b. Predetermined rate means an indirect cost rate, applicable to a specified current or future period, usually the organization's fiscal year. The rate is based on an estimate of the costs to be incurred during the period. A predetermined rate is not subject to adjustment. c. Fixed rate means an indirect cost rate which has the same characteristics as a predetermined rate, except that the difference between the estimated costs and the actual costs of the period covered by the rate is carried forward as an adjustment to the rate computation of a subsequent period. d. Final rate means an indirect cost rate applicable to a specified past period which is based on the actual costs of the period. A final rate is not subject to adjustment. e. Provisional rate or billing rate means a temporary indirect cost rate applicable to a specified period which is used for funding, interim reimbursement, and reporting indirect costs on Federal awards pending the establishment of a final rate for the period. 615 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 215 f. Indirect cost proposal means the documentation prepared by an organization to substantiate its claim for the reimbursement of indirect costs. This proposal provides the basis for the review and negotiation leading to the establishment of an organization's indirect cost rate. g. Cost objective means a function, organizational subdivision, contract, Federal award, or other work unit for which cost data are desired and for which provision is made to accumulate and measure the cost of processes, projects, jobs and capitalized projects. 2. Negotiation and Approval of Rates a. Unless different arrangements are agreed to by the Federal agencies concerned, the Federal agency with the largest dollar value of Federal awards directly funded to an organization will be designated as the cognizant agency for indirect costs for the negotiation and approval of the indirect cost rates and, where necessary, other rates such as fringe benefit and computer charge-out rates. Once an agency is assigned cognizance for a particular nonprofit organization, the assignment will not be changed unless there is a shift in the dollar volume of the Federal awards directly funded to the organization for at least three years. All concerned Federal agencies must be given the opportunity to participate in the negotiation process but, after a rate has been agreed upon, it will be accepted by all Federal agencies. When a Federal agency has reason to believe that special operating factors affecting its Federal awards necessitate special indirect cost rates in accordance with section B.5 of this Appendix, it will, prior to the time the rates are negotiated, notify the cognizant agency for indirect costs. (See also § 200.414.) If the nonprofit does not receive any funding from any Federal agency, the pass-through entity is responsible for the negotiation of the indirect cost rates in accordance with § 200.332(a)(4). b. Except as otherwise provided in § 200.414(f), a nonprofit organization which has not previously established an indirect cost rate with a Federal agency must submit its initial indirect cost proposal immediately after the organization is advised that a Federal award will be made and, in no event, later than three months after the effective date of the Federal award. c. Unless approved by the cognizant agency for indirect costs in accordance with § 200.414(g), organizations that have previously established indirect cost rates must submit a new indirect cost proposal to the cognizant agency for indirect costs within six months after the close of each fiscal year. d. A predetermined rate may be negotiated for use on Federal awards where there is reasonable assurance, based on past experience and reliable projection of the organization's costs, that the rate is not likely to exceed a rate based on the organization's actual costs. e. Fixed rates may be negotiated where predetermined rates are not considered appropriate. A fixed rate, however, must not be negotiated if (i) all or a substantial portion of the organization's Federal awards are expected to expire before the carry- forward adjustment can be made; (ii) the mix of Federal and non-Federal work at the organization is too erratic to permit an equitable carry- forward adjustment; or (iii) the organization's operations fluctuate significantly from year to year. f. Provisional and final rates must be negotiated where neither predetermined nor fixed rates are appropriate. Predetermined or fixed rates may replace provisional rates at any time prior to the close of the organization's fiscal year. If that event does not occur, a final rate will be established and upward or downward adjustments will be made based on the actual allowable costs incurred for the period involved. 616 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 216 g. The results of each negotiation must be formalized in a written agreement between the cognizant agency for indirect costs and the nonprofit organization. The cognizant agency for indirect costs must make available copies of the agreement to all concerned Federal agencies. h. If a dispute arises in a negotiation of an indirect cost rate between the cognizant agency for indirect costs and the nonprofit organization, the dispute must be resolved in accordance with the appeals procedures of the cognizant agency for indirect costs. i. To the extent that problems are encountered among the Federal agencies in connection with the negotiation and approval process, OMB will lend assistance as required to resolve such problems in a timely manner. D. Certification of Indirect (F&A) Costs (1) Required Certification. No proposal to establish indirect (F&A) cost rates must be acceptable unless such costs have been certified by the nonprofit organization using the Certificate of Indirect (F&A) Costs set forth in section j. of this appendix. The certificate must be signed on behalf of the organization by an individual at a level no lower than vice president or chief financial officer for the organization. (2) Each indirect cost rate proposal must be accompanied by a certification in the following form: Certificate of Indirect (F&A) Costs This is to certify that to the best of my knowledge and belief: (1) I have reviewed the indirect (F&A) cost proposal submitted herewith; (2) All costs included in this proposal [identify date] to establish billing or final indirect (F&A) costs rate for [identify period covered by rate] are allowable in accordance with the requirements of the Federal awards to which they apply and with subpart E of this part. (3) This proposal does not include any costs which are unallowable under subpart E of this part such as (without limitation): Public relations costs, contributions and donations, entertainment costs, fines and penalties, lobbying costs, and defense of fraud proceedings; and (4) All costs included in this proposal are properly allocable to Federal awards on the basis of a beneficial or causal relationship between the expenses incurred and the Federal awards to which they are allocated in accordance with applicable requirements. I declare that the foregoing is true and correct. Nonprofit Organization: Signature: Name of Official: Title: Date of Execution: [78 FR 78608, Dec. 26, 2013, as amended at 80 FR 54410, Sept. 10, 2015; 85 FR 49579, Aug. 13, 2020; 89 FR 30206, Apr. 22, 2024] 617 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 217 Appendix V to Part 200—State/Local Governmentwide Central Service Cost Allocation Plans A. General 1. Most governmental units provide certain services, such as motor pools, computer centers, purchasing, accounting, etc., to operating agencies on a centralized basis. Since federally-supported awards are performed within the individual operating agencies, there needs to be a process whereby these central service costs can be identified and assigned to benefitted activities on a reasonable and consistent basis. The central service cost allocation plan provides that process. All costs and other data used to distribute the costs included in the plan should be supported by formal accounting and other records that will support the propriety of the costs assigned to Federal awards. 2. Guidelines and illustrations of central service cost allocation plans are provided in a brochure published by the Department of Health and Human Services entitled “A Guide for State, Local and Indian Tribal Governments: Cost Principles and Procedures for Developing Cost Allocation Plans and Indirect Cost Rates for Agreements with the Federal Government.” A copy of this brochure may be obtained from the HHS Cost Allocation Services or at their website. B. Definitions 1. Agency or operating agency means an organizational unit or sub-division within a governmental unit that is responsible for the performance or administration of Federal awards or activities of the governmental unit. 2. Allocated central services means central services that benefit operating agencies but are not billed to the agencies on a fee-for-service or similar basis. These costs are allocated to benefitted agencies on some reasonable basis. Examples of such services might include general accounting, personnel administration, purchasing, etc. 3. Billed central services means central services that are billed to benefitted agencies or programs on an individual fee-for-service or similar basis. Typical examples of billed central services include computer services, transportation services, insurance, and fringe benefits. 4. Cognizant agency for indirect costs is defined in § 200.1. The determination of cognizant agency for indirect costs for states and local governments is described in section F.1. 5. Major local government means local government that receives more than $100 million in direct Federal awards subject to this Part. C. Scope of the Central Service Cost Allocation Plans The central service cost allocation plan will include all central service costs that will be claimed (either as a billed or an allocated cost) under Federal awards and will be documented as described in section E. omitted from the plan will not be reimbursed. D. Submission Requirements 1. Each state will submit a plan to the Department of Health and Human Services for each year in which it claims central service costs under Federal awards. The plan should include (a) a projection of the next year's allocated central service cost (based either on actual costs for the most recently completed year or the budget projection for the coming year), and 618 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 218 (b) a reconciliation of actual allocated central service costs to the estimated costs used for either the most recently completed year or the year immediately preceding the most recently completed year. 2. Each major local government is also required to submit a plan to its cognizant agency for indirect costs annually. 3. All other local governments claiming central service costs must develop a plan in accordance with the requirements described in this Part and maintain the plan and related supporting documentation for audit. These local governments are not required to submit their plans for Federal approval unless they are specifically requested to do so by the cognizant agency for indirect costs. Where a local government only receives funds as a subrecipient, the pass-through entity will be responsible for monitoring the subrecipient's plan. 4. All central service cost allocation plans will be prepared and, when required, submitted within six months prior to the beginning of each of the governmental unit's fiscal years in which it proposes to claim central service costs. Extensions may be granted by the cognizant agency for indirect costs on a case-by-case basis. E. Documentation Requirements for Submitted Plans The documentation requirements described in this section may be modified, expanded, or reduced by the cognizant agency for indirect costs on a case-by-case basis. For example, the requirements may be reduced for those central services which have little or no impact on Federal awards. Conversely, if a review of a plan indicates that certain additional information is needed, and will likely be needed in future years, it may be routinely requested in future plan submissions. Items marked with an asterisk (*) should be submitted only once; subsequent plans should merely indicate any changes since the last plan. 1. General All proposed plans must be accompanied by the following: an organization chart sufficiently detailed to show operations including the central service activities of the state/local government whether or not they are shown as benefitting from central service functions; a copy of the Comprehensive Annual Financial Report (or a copy of the Executive Budget if budgeted costs are being proposed) to support the allowable costs of each central service activity included in the plan; and, a certification (see subsection 4.) that the plan was prepared in accordance with this Part, contains only allowable costs, and was prepared in a manner that treated similar costs consistently among the various Federal awards and between Federal and non-Federal awards/activities. 2. Allocated Central Services For each allocated central service*, the plan must also include the following: a brief description of the service, an identification of the unit rendering the service and the operating agencies receiving the service, the items of expense included in the cost of the service, the method used to distribute the cost of the service to benefitted agencies, and a summary schedule showing the allocation of each service to the specific benefitted agencies. If any self-insurance funds or fringe benefits costs are treated as allocated (rather than billed) central services, documentation discussed in subsections 3.b. and c. must also be included. 3. Billed Services a. General. The information described in this section must be provided for all billed central services, including internal service funds, self-insurance funds, and fringe benefit funds. b. Internal service funds. 619 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 219 (1) For each internal service fund or similar activity with an operating budget of $5 million or more, the plan must include: A brief description of each service; a balance sheet for each fund based on individual accounts contained in the governmental unit's accounting system; a revenue/expenses statement, with revenues broken out by source, e.g., regular billings, interest earned, etc.; a listing of all non-operating transfers (as defined by GAAP) into and out of the fund; a description of the procedures (methodology) used to charge the costs of each service to users, including how billing rates are determined; a schedule of current rates; and, a schedule comparing total revenues (including imputed revenues) generated by the service to the allowable costs of the service, as determined under this part, with an explanation of how variances will be handled. (2) Revenues must consist of all revenues generated by the service, including unbilled and uncollected revenues. If some users were not billed for the services (or were not billed at the full rate for that class of users), a schedule showing the full imputed revenues associated with these users must be provided. Expenses must be broken out by object cost categories (e.g., salaries, supplies, etc.). c. Self-insurance funds. For each self-insurance fund, the plan must include: the fund balance sheet; a statement of revenue and expenses including a summary of billings and claims paid by agency; a listing of all non-operating transfers into and out of the fund; the type(s) of risk(s) covered by the fund (e.g., automobile liability, workers' compensation, etc.); an explanation of how the level of fund contributions are determined, including a copy of the current actuarial report (with the actuarial assumptions used) if the contributions are determined on an actuarial basis; and, a description of the procedures used to charge or allocate fund contributions to benefitted activities. Reserve levels in excess of claims (1) submitted and adjudicated but not paid, (2) submitted but not adjudicated, and (3) incurred but not submitted must be identified and explained. d. Fringe benefits. For fringe benefit costs, the plan must include: a listing of fringe benefits provided to covered employees, and the overall annual cost of each type of benefit; current fringe benefit policies; and procedures used to charge or allocate the costs of the benefits to benefitted activities. In addition, for pension and post-retirement health insurance plans, the following information must be provided: the governmental unit's funding policies, e.g., legislative bills, trust agreements, or state-mandated contribution rules, if different from actuarially determined rates; the pension plan's costs accrued for the year; the amount funded, and date(s) of funding; a copy of the current actuarial report (including the actuarial assumptions); the plan trustee's report; and, a schedule from the activity showing the value of the interest cost associated with late funding. 4. Required Certification Each central service cost allocation plan will be accompanied by a certification in the following form: CERTIFICATE OF COST ALLOCATION PLAN This is to certify that I have reviewed the cost allocation plan submitted herewith and to the best of my knowledge and belief: (1) All costs included in this proposal [identify date] to establish cost allocations or billings for [identify period covered by plan] are allowable in accordance with the requirements of this Part and the Federal award(s) to which they apply. Unallowable costs have been adjusted for in allocating costs as indicated in the cost allocation plan. 620 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 220 (2) All costs included in this proposal are properly allocable to Federal awards on the basis of a beneficial or causal relationship between the expenses incurred and the Federal awards to which they are allocated in accordance with applicable requirements. Further, the same costs that have been treated as indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for consistently. I declare that the foregoing is true and correct. Governmental Unit: Signature: Name of Official: Title: Date of Execution: F. Negotiation and Approval of Central Service Plans 1. Federal Cognizant Agency for Indirect Costs Assignments for Cost Negotiation In general, unless different arrangements are agreed to by the concerned Federal agencies, for central service cost allocation plans, the cognizant agency responsible for review and approval is the Federal agency with the largest dollar value of total Federal awards with a governmental unit. For indirect cost rates and departmental indirect cost allocation plans, the cognizant agency is the Federal agency with the largest dollar value of direct Federal awards with a governmental unit or component, as appropriate. Once designated as the cognizant agency for indirect costs, the Federal agency must remain so for a period of five years. In addition, the following Federal agencies continue to be responsible for the indicated governmental entities: Department of Health and Human Services —Public assistance and state-wide cost allocation plans for all states (including the District of Columbia and Puerto Rico), state and local hospitals, libraries and health districts. Department of the Interior —Indian tribal governments, territorial governments, and state and local park and recreational districts. Department of Labor —State and local labor departments. Department of Education —School districts and state and local education agencies. Department of Agriculture —State and local agriculture departments. Department of Transportation —State and local airport and port authorities and transit districts. Department of Commerce —State and local economic development districts. Department of Housing and Urban Development —State and local housing and development districts. Environmental Protection Agency —State and local water and sewer districts. 2. Review 621 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 221 All proposed central service cost allocation plans that are required to be submitted will be reviewed, negotiated, and approved by the cognizant agency for indirect costs on a timely basis. The cognizant agency for indirect costs will review the proposal within six months of receipt of the proposal and either negotiate/approve the proposal or advise the governmental unit of the additional documentation needed to support/evaluate the proposed plan or the changes required to make the proposal acceptable. Once an agreement with the governmental unit has been reached, the agreement will be accepted and used by all Federal agencies, unless prohibited or limited by statute. Where a Federal awarding agency has reason to believe that special operating factors affecting its Federal awards necessitate special consideration, the funding agency will, prior to the time the plans are negotiated, notify the cognizant agency for indirect costs. 3. Agreement The results of each negotiation must be formalized in a written agreement between the cognizant agency for indirect costs and the governmental unit. This agreement will be subject to re-opening if the agreement is subsequently found to violate a statute or the information upon which the plan was negotiated is later found to be materially incomplete or inaccurate. The results of the negotiation must be made available to all Federal agencies for their use. 4. Adjustments Negotiated cost allocation plans based on a proposal later found to have included costs that: (a) are unallowable (i) as specified by law or regulation, (ii) as identified in subpart F, General Provisions for selected Items of Cost of this Part, or (iii) by the terms and conditions of Federal awards, or (b) are unallowable because they are clearly not allocable to Federal awards, must be adjusted, or a refund must be made at the option of the cognizant agency for indirect costs, including earned or imputed interest from the date of transfer and debt interest, if applicable, chargeable in accordance with applicable Federal cognizant agency for indirect costs regulations. Adjustments or cash refunds may include, at the option of the cognizant agency for indirect costs, earned or imputed interest from the date of expenditure and delinquent debt interest, if applicable, chargeable in accordance with applicable cognizant agency claims collection regulations. These adjustments or refunds are designed to correct the plans and do not constitute a reopening of the negotiation. G. Other Policies 1. Billed Central Service Activities Each billed central service activity must separately account for all revenues (including imputed revenues) generated by the service, expenses incurred to furnish the service, and profit/loss. 2. Working Capital Reserves Internal service funds are dependent upon a reasonable level of working capital reserve to operate from one billing cycle to the next. Charges by an internal service activity to provide for the establishment and maintenance of a reasonable level of working capital reserve, in addition to the full recovery of costs, are allowable. A working capital reserve as part of retained earnings of up to 60 calendar days cash expenses for normal operating purposes is considered reasonable. A working capital reserve exceeding 60 calendar days may be approved by the cognizant agency for indirect costs in exceptional cases. 3. Carry-Forward Adjustments of Allocated Central Service Costs Allocated central service costs are usually negotiated and approved for a future fiscal year on a “fixed with carry-forward” basis. Under this procedure, the fixed amounts for the future year covered by agreement are not subject to adjustment for that year. However, when the actual costs of the year involved become known, the differences between the fixed amounts previously approved and the actual costs will be carried forward 622 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 222 and used as an adjustment to the fixed amounts established for a later year. This “carry-forward” procedure applies to all central services whose costs were fixed in the approved plan. However, a carry-forward adjustment is not permitted, for a central service activity that was not included in the approved plan, or for unallowable costs that must be reimbursed immediately. 4. Adjustments of Billed Central Services Billing rates used to charge Federal awards must be based on the estimated costs of providing the services, including an estimate of the allocable central service costs. A comparison of the revenue generated by each billed service (including total revenues whether or not billed or collected) to the actual allowable costs of the service will be made at least annually, and an adjustment will be made for the difference between the revenue and the allowable costs. These adjustments will be made through one of the following adjustment methods: (a) a cash refund including earned or imputed interest from the date of transfer and debt interest, if applicable, chargeable in accordance with applicable Federal cognizant agency for indirect costs regulations to the Federal Government for the Federal share of the adjustment, (b) credits to the amounts charged to the individual programs, (c) adjustments to future billing rates, or (d) adjustments to allocated central service costs. Adjustments to allocated central services will not be permitted where the total amount of the adjustment for a particular service (Federal share and non-Federal) share exceeds $500,000. Adjustment methods may include, at the option of the cognizant agency, earned or imputed interest from the date of expenditure and delinquent debt interest, if applicable, chargeable in accordance with applicable cognizant agency claims collection regulations. 5. Records Retention All central service cost allocation plans and related documentation used as a basis for claiming costs under Federal awards must be retained for audit in accordance with the records retention requirements contained in subpart D of this part. 6. Appeals If a dispute arises in the negotiation of a plan between the cognizant agency for indirect costs and the governmental unit, the dispute must be resolved in accordance with the appeals procedures of the cognizant agency for indirect costs. 7. OMB Assistance To the extent that problems are encountered among the Federal agencies or governmental units in connection with the negotiation and approval process, OMB will lend assistance, as required, to resolve such problems in a timely manner. [78 FR 78608, Dec. 26, 2013, as amended at 80 FR 54410, Sept. 10, 2015; 85 FR 49581, Aug. 13, 2020] Appendix VI to Part 200—Public Assistance Cost Allocation Plans A. General Federally-financed programs administered by state public assistance agencies are funded predominately by the Department of Health and Human Services (HHS). In support of its stewardship requirements, HHS has published requirements for the development, documentation, submission, negotiation, and approval of public assistance cost allocation plans in Subpart E of 45 CFR Part 95. All administrative costs (direct and indirect) are normally charged to Federal awards by implementing the public assistance cost allocation plan. This Appendix extends these requirements to all Federal awarding agencies whose programs are administered by a state public assistance agency. Major federally-financed programs typically administered by state public assistance agencies include: Temporary Aid to Needy Families (TANF), Medicaid, Food 623 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 223 Stamps, Child Support Enforcement, Adoption Assistance and Foster Care, and Social Services Block Grant. B. Definitions 1. State public assistance agency means a state agency administering or supervising the administration of one or more public assistance programs operated by the state as identified in Subpart E of 45 CFR Part 95. For the purpose of this Appendix, these programs include all programs administered by the state public assistance agency. 2. State public assistance agency costs means all costs incurred by, or allocable to, the state public assistance agency, except expenditures for financial assistance, medical contractor payments, food stamps, and payments for services and goods provided directly to program recipients. C. Policy State public assistance agencies will develop, document and implement, and the Federal Government will review, negotiate, and approve, public assistance cost allocation plans in accordance with Subpart E of 45 CFR Part 95. The plan will include all programs administered by the state public assistance agency. Where a letter of approval or disapproval is transmitted to a state public assistance agency in accordance with Subpart E, the letter will apply to all Federal agencies and programs. The remaining sections of this Appendix (except for the requirement for certification) summarize the provisions of Subpart E of 45 CFR Part 95. D. Submission, Documentation, and Approval of Public Assistance Cost Allocation Plans 1. State public assistance agencies are required to promptly submit amendments to the cost allocation plan to HHS for review and approval. 2. Under the coordination process outlined in section E, affected Federal agencies will review all new plans and plan amendments and provide comments, as appropriate, to HHS. The effective date of the plan or plan amendment will be the first day of the calendar quarter following the event that required the amendment, unless another date is specifically approved by HHS. HHS, as the cognizant agency for indirect costs acting on behalf of all affected Federal agencies, will, as necessary, conduct negotiations with the state public assistance agency and will inform the state agency of the action taken on the plan or plan amendment. E. Review of Implementation of Approved Plans 1. Since public assistance cost allocation plans are of a narrative nature, the review during the plan approval process consists of evaluating the appropriateness of the proposed groupings of costs (cost centers) and the related allocation bases. As such, the Federal Government needs some assurance that the cost allocation plan has been implemented as approved. This is accomplished by reviews by the Federal awarding agencies, single audits, or audits conducted by the cognizant agency for indirect costs. 2. Where inappropriate charges affecting more than one Federal awarding agency are identified, the cognizant HHS cost negotiation office will be advised and will take the lead in resolving the issue(s) as provided for in Subpart E of 45 CFR Part 95. 3. If a dispute arises in the negotiation of a plan or from a disallowance involving two or more Federal awarding agencies, the dispute must be resolved in accordance with the appeals procedures set out in 45 CFR Part 16. Disputes involving only one Federal awarding agency will be resolved in accordance with the Federal awarding agency's appeal process. 624 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 224 4. To the extent that problems are encountered among the Federal awarding agencies or governmental units in connection with the negotiation and approval process, the Office of Management and Budget will lend assistance, as required, to resolve such problems in a timely manner. F. Unallowable Costs Claims developed under approved cost allocation plans will be based on allowable costs as identified in this Part. Where unallowable costs have been claimed and reimbursed, they will be refunded to the program that reimbursed the unallowable cost using one of the following methods: (a) a cash refund, (b) offset to a subsequent claim, or (c) credits to the amounts charged to individual Federal awards. Cash refunds, offsets, and credits may include at the option of the cognizant agency for indirect cost, earned or imputed interest from the date of expenditure and delinquent debt interest, if applicable, chargeable in accordance with applicable cognizant agency for indirect cost claims collection regulations. [78 FR 78608, Dec. 26, 2013, as amended at 85 FR 49581, Aug. 13, 2020] Appendix VII to Part 200—States and Local Government and Indian Tribe Indirect Cost Proposals A. General 1. Indirect costs are those that have been incurred for common or joint purposes. These costs benefit more than one cost objective and cannot be readily identified with a particular final cost objective without effort disproportionate to the results achieved. After direct costs have been determined and assigned directly to Federal awards and other activities as appropriate, indirect costs are those remaining to be allocated to benefitted cost objectives. A cost may not be allocated to a Federal award as an indirect cost if any other cost incurred for the same purpose, in like circumstances, has been assigned to a Federal award as a direct cost. 2. Indirect costs include (a) the indirect costs originating in each department or agency of the governmental unit carrying out Federal awards and (b) the costs of central governmental services distributed through the central service cost allocation plan (as described in Appendix V to this part) and not otherwise treated as direct costs. 3. Indirect costs are normally charged to Federal awards by the use of an indirect cost rate. A separate indirect cost rate(s) is usually necessary for each department or agency of the governmental unit claiming indirect costs under Federal awards. Guidelines and illustrations of indirect cost proposals are provided in a brochure published by the Department of Health and Human Services entitled “A Guide for States and Local Government Agencies: Cost Principles and Procedures for Establishing Cost Allocation Plans and Indirect Cost Rates for Grants and Contracts with the Federal Government.” A copy of this brochure may be obtained from HHS Cost Allocation Services or at their website. 4. Because of the diverse characteristics and accounting practices of governmental units, the types of costs which may be classified as indirect costs cannot be specified in all situations. However, typical examples of indirect costs may include certain state/local-wide central service costs, general administration of the non-Federal entity accounting and personnel services performed within the non-Federal entity, depreciation on buildings and equipment, the costs of operating and maintaining facilities. 5. This Appendix does not apply to state public assistance agencies. These agencies should refer instead to Appendix VI to this part. B. Definitions 625 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 225 1. Base means the accumulated direct costs (normally either total direct salaries and wages or total direct costs exclusive of any extraordinary or distorting expenditures) used to distribute indirect costs to individual Federal awards. The direct cost base selected should result in each Federal award bearing a fair share of the indirect costs in reasonable relation to the benefits received from the costs. 2. Base period for the allocation of indirect costs is the period in which such costs are incurred and accumulated for allocation to activities performed in that period. The base period normally should coincide with the governmental unit's fiscal year, but in any event, must be so selected as to avoid inequities in the allocation of costs. 3. Cognizant agency for indirect costs means the Federal agency responsible for reviewing and approving the governmental unit's indirect cost rate(s) on the behalf of the Federal Government. The cognizant agency for indirect costs assignment is described in Appendix V, section F. 4. Final rate means an indirect cost rate applicable to a specified past period which is based on the actual allowable costs of the period. A final audited rate is not subject to adjustment. 5. Fixed rate means an indirect cost rate which has the same characteristics as a predetermined rate, except that the difference between the estimated costs and the actual, allowable costs of the period covered by the rate is carried forward as an adjustment to the rate computation of a subsequent period. 6. Indirect cost pool is the accumulated costs that jointly benefit two or more programs or other cost objectives. 7. Indirect cost rate is a device for determining in a reasonable manner the proportion of indirect costs each program should bear. It is the ratio (expressed as a percentage) of the indirect costs to a direct cost base. 8. Indirect cost rate proposal means the documentation prepared by a governmental unit or subdivision thereof to substantiate its request for the establishment of an indirect cost rate. 9. Predetermined rate means an indirect cost rate, applicable to a specified current or future period, usually the governmental unit's fiscal year. This rate is based on an estimate of the costs to be incurred during the period. Except under very unusual circumstances, a predetermined rate is not subject to adjustment. (Because of legal constraints, predetermined rates are not permitted for Federal contracts; they may, however, be used for grants or cooperative agreements.) Predetermined rates may not be used by governmental units that have not submitted and negotiated the rate with the cognizant agency for indirect costs. In view of the potential advantages offered by this procedure, negotiation of predetermined rates for indirect costs for a period of two to four years should be the norm in those situations where the cost experience and other pertinent facts available are deemed sufficient to enable the parties involved to reach an informed judgment as to the probable level of indirect costs during the ensuing accounting periods. 10. Provisional rate means a temporary indirect cost rate applicable to a specified period which is used for funding, interim reimbursement, and reporting indirect costs on Federal awards pending the establishment of a “final” rate for that period. C. Allocation of Indirect Costs and Determination of Indirect Cost Rates 1. General a. Where a governmental unit's department or agency has only one major function, or where all its major functions benefit from the indirect costs to approximately the same degree, the allocation of indirect costs and the computation of an indirect cost rate may be accomplished through simplified allocation procedures as described in subsection 2. 626 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 226 b. Where a governmental unit's department or agency has several major functions which benefit from its indirect costs in varying degrees, the allocation of indirect costs may require the accumulation of such costs into separate cost groupings which then are allocated individually to benefitted functions by means of a base which best measures the relative degree of benefit. The indirect costs allocated to each function are then distributed to individual Federal awards and other activities included in that function by means of an indirect cost rate(s). c. Specific methods for allocating indirect costs and computing indirect cost rates along with the conditions under which each method should be used are described in subsections 2, 3 and 4. 2. Simplified Method a. Where a non-Federal entity's major functions benefit from its indirect costs to approximately the same degree, the allocation of indirect costs may be accomplished by (1) classifying the non-Federal entity's total costs for the base period as either direct or indirect, and (2) dividing the total allowable indirect costs (net of applicable credits) by an equitable distribution base. The result of this process is an indirect cost rate which is used to distribute indirect costs to individual Federal awards. The rate should be expressed as the percentage which the total amount of allowable indirect costs bears to the base selected. This method should also be used where a governmental unit's department or agency has only one major function encompassing a number of individual projects or activities, and may be used where the level of Federal awards to that department or agency is relatively small. b. Both the direct costs and the indirect costs must exclude capital expenditures and unallowable costs. However, unallowable costs must be included in the direct costs if they represent activities to which indirect costs are properly allocable. c. The distribution base may be (1) total direct costs (excluding capital expenditures and other distorting items, such as pass-through funds, subcontracts in excess of $50,000, and participant support costs), (2) direct salaries and wages, or (3) another base which results in an equitable distribution. 3. Multiple Allocation Base Method a. Where a non-Federal entity's indirect costs benefit its major functions in varying degrees, such costs must be accumulated into separate cost groupings. Each grouping must then be allocated individually to benefitted functions by means of a base which best measures the relative benefits. b. The cost groupings should be established so as to permit the allocation of each grouping on the basis of benefits provided to the major functions. Each grouping should constitute a pool of expenses that are of like character in terms of the functions they benefit and in terms of the allocation base which best measures the relative benefits provided to each function. The number of separate groupings should be held within practical limits, taking into consideration the materiality of the amounts involved and the degree of precision needed. c. Actual conditions must be taken into account in selecting the base to be used in allocating the expenses in each grouping to benefitted functions. When an allocation can be made by assignment of a cost grouping directly to the function benefitted, the allocation must be made in that manner. When the expenses in a 627 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 227 grouping are more general in nature, the allocation should be made through the use of a selected base which produces results that are equitable to both the Federal Government and the governmental unit. In general, any cost element or related factor associated with the governmental unit's activities is potentially adaptable for use as an allocation base provided that: (1) it can readily be expressed in terms of dollars or other quantitative measures (total direct costs, direct salaries and wages, staff hours applied, square feet used, hours of usage, number of documents processed, population served, and the like), and (2) it is common to the benefitted functions during the base period. d. Except where a special indirect cost rate(s) is required in accordance with paragraph (C)(4) of this Appendix, the separate groupings of indirect costs allocated to each major function must be aggregated and treated as a common pool for that function. The costs in the common pool must then be distributed to individual Federal awards included in that function by use of a single indirect cost rate. e. The distribution base used in computing the indirect cost rate for each function may be (1) total direct costs (excluding capital expenditures and other distorting items such as pass-through funds, subawards in excess of $50,000, and participant support costs), (2) direct salaries and wages, or (3) another base which results in an equitable distribution. An indirect cost rate should be developed for each separate indirect cost pool developed. The rate in each case should be stated as the percentage relationship between the particular indirect cost pool and the distribution base identified with that pool. 4. Special Indirect Cost Rates a. In some instances, a single indirect cost rate for all activities of a non-Federal entity or for each major function of the agency may not be appropriate. It may not take into account those different factors which may substantially affect the indirect costs applicable to a particular program or group of programs. The factors may include the physical location of the work, the level of administrative support required, the nature of the facilities or other resources employed, the organizational arrangements used, or any combination thereof. When a particular Federal award is carried out in an environment which appears to generate a significantly different level of indirect costs, provisions should be made for a separate indirect cost pool applicable to that Federal award. The separate indirect cost pool should be developed during the course of the regular allocation process, and the separate indirect cost rate resulting therefrom should be used, provided that: (1) The rate differs significantly from the rate which would have been developed under paragraphs (C)(2) and (C)(3) of this Appendix, and (2) the Federal award to which the rate would apply is material in amount. b. Where Federal statutes restrict the reimbursement of certain indirect costs, it may be necessary to develop a special rate for the affected Federal award. Where a “restricted rate” is required, the same procedure for developing a non-restricted rate will be used except for the additional step of the elimination from the indirect cost pool those costs for which the law prohibits reimbursement. D. Submission and Documentation of Proposals 1. Submission of Indirect Cost Rate Proposals 628 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 228 a. All departments or agencies of the governmental unit desiring to claim indirect costs under Federal awards must prepare an indirect cost rate proposal and related documentation to support those costs. The proposal and related documentation must be retained for audit in accordance with the records retention requirements contained in § 200.334. b. A governmental department or agency (such as a state or local Department of Health, Department of Transportation, or Department of Housing) that receives more than $35 million in direct Federal funding during its fiscal year must submit its indirect cost rate proposal to its cognizant agency for indirect costs. c. If a governmental department or agency (such as a state or local Department of Health, Department of Transportation, or Department of Housing) receives $35 million or less in direct Federal funding during its fiscal year, it must develop an indirect cost proposal in accordance with the requirements of this part and maintain the proposal and related supporting documentation for audit. This established rate must be accepted by any Federal agency to which the governmental department or agency applies for funding. Federal agencies must not compel the governmental department or agency to accept the de minimis rate or some other rate established by the Federal agency. These governmental departments or agencies are not required to submit their proposals unless they are specifically requested to do so by an awarding Federal agency. The Federal agency's review should be limited to ensuring the proposal is consistent with the principles of this part. Where a non-Federal entity only receives funds as a subrecipient, the pass-through entity will be responsible for negotiating and/or monitoring the subrecipient's indirect costs. c. Each Indian tribal government desiring reimbursement of indirect costs must submit its indirect cost proposal to the Department of the Interior (its cognizant agency for indirect costs). d. Indirect cost proposals must be developed (and, when required, submitted) within six months after the close of the governmental unit's fiscal year, unless an exception is approved by the cognizant agency for indirect costs. If the proposed central service cost allocation plan for the same period has not been approved by that time, the indirect cost proposal may be prepared including an amount for central services that is based on the latest federally approved central service cost allocation plan. The difference between these central service amounts and the amounts ultimately approved will be compensated for by an adjustment in a subsequent period. 2. Documentation of Proposals The following must be included with each indirect cost proposal: a. The rates proposed, including subsidiary work sheets and other relevant data, cross referenced and reconciled to the financial data noted in subsection b. Allocated central service costs will be supported by the summary table included in the approved central service cost allocation plan. This summary table is not required to be submitted with the indirect cost proposal if the central service cost allocation plan for the same fiscal year has been approved by the cognizant agency for indirect costs and is available to the funding agency. b. A copy of the financial data (financial statements, comprehensive annual financial report, executive budgets, accounting reports, etc.) upon which the rate is based. Adjustments resulting from the use of unaudited data will be recognized, where appropriate, by the Federal cognizant agency for indirect costs in a subsequent proposal. c. The approximate amount of direct base costs incurred under Federal awards. These costs should be broken out between salaries and wages and other direct costs. d. A chart showing the organizational structure of the agency during the period for which the proposal applies, along with a functional statement(s) noting the duties and/or responsibilities of all units that comprise the agency. (Once this is submitted, only revisions need be submitted with subsequent proposals.) 629 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 229 3. Required certification. Each indirect cost rate proposal must be accompanied by a certification in the following form: Certificate of Indirect Costs This is to certify that I have reviewed the indirect cost rate proposal submitted herewith and to the best of my knowledge and belief: (1) All costs included in this proposal [identify date] to establish billing or final indirect costs rates for [identify period covered by rate] are allowable in accordance with the requirements of the Federal award(s) to which they apply and the provisions of this Part. Unallowable costs have been adjusted for in allocating costs as indicated in the indirect cost proposal (2) All costs included in this proposal are properly allocable to Federal awards on the basis of a beneficial or causal relationship between the expenses incurred and the agreements to which they are allocated in accordance with applicable requirements. Further, the same costs that have been treated as indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for consistently and the Federal Government will be notified of any accounting changes that would affect the predetermined rate. I declare that the foregoing is true and correct. Governmental Unit: Signature: Name of Official: Title: Date of Execution: E. Negotiation and Approval of Rates 1. Indirect cost rates will be reviewed, negotiated, and approved by the cognizant agency on a timely basis. Once a rate has been agreed upon, it will be accepted and used by all Federal agencies unless prohibited or limited by statute. Where a Federal awarding agency has reason to believe that special operating factors affecting its Federal awards necessitate special indirect cost rates, the funding agency will, prior to the time the rates are negotiated, notify the cognizant agency for indirect costs. 2. The use of predetermined rates, if allowed, is encouraged where the cognizant agency for indirect costs has reasonable assurance based on past experience and reliable projection of the non-Federal entity's costs, that the rate is not likely to exceed a rate based on actual costs. Long-term agreements utilizing predetermined rates extending over two or more years are encouraged, where appropriate. 3. The results of each negotiation must be formalized in a written agreement between the cognizant agency for indirect costs and the governmental unit. This agreement will be subject to re-opening if the agreement is subsequently found to violate a statute, or the information upon which the plan was negotiated is later found to be materially incomplete or inaccurate. The agreed upon rates must be made available to all Federal agencies for their use. 4. Refunds must be made if proposals are later found to have included costs that 630 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 230 (a) are unallowable (i) as specified by law or regulation, (ii) as identified in § 200.420, or (iii) by the terms and conditions of Federal awards, or (b) are unallowable because they are clearly not allocable to Federal awards. These adjustments or refunds will be made regardless of the type of rate negotiated (predetermined, final, fixed, or provisional). F. Other Policies 1. Fringe Benefit Rates If overall fringe benefit rates are not approved for the governmental unit as part of the central service cost allocation plan, these rates will be reviewed, negotiated and approved for individual recipient agencies during the indirect cost negotiation process. In these cases, a proposed fringe benefit rate computation should accompany the indirect cost proposal. If fringe benefit rates are not used at the recipient agency level (i.e., the agency specifically identifies fringe benefit costs to individual employees), the governmental unit should so advise the cognizant agency for indirect costs. 2. Billed Services Provided by the Recipient Agency In some cases, governmental departments or agencies (components of the governmental unit) provide and bill for services similar to those covered by central service cost allocation plans (e.g., computer centers). Where this occurs, the governmental departments or agencies (components of the governmental unit)should be guided by the requirements in Appendix V relating to the development of billing rates and documentation requirements, and should advise the cognizant agency for indirect costs of any billed services. Reviews of these types of services (including reviews of costing/billing methodology, profits or losses, etc.) will be made on a case-by-case basis as warranted by the circumstances involved. 3. Indirect Cost Allocations Not Using Rates In certain situations, governmental departments or agencies (components of the governmental unit), because of the nature of their Federal awards, may be required to develop a cost allocation plan that distributes indirect (and, in some cases, direct) costs to the specific funding sources. In these cases, a narrative cost allocation methodology should be developed, documented, maintained for audit, or submitted, as appropriate, to the cognizant agency for indirect costs for review, negotiation, and approval. 4. Appeals If a dispute arises in a negotiation of an indirect cost rate (or other rate) between the cognizant agency for indirect costs and the governmental unit, the dispute must be resolved in accordance with the appeals procedures of the cognizant agency for indirect costs. 5. Collection of Unallowable Costs and Erroneous Payments Costs specifically identified as unallowable and charged to Federal awards either directly or indirectly will be refunded (including interest chargeable in accordance with applicable Federal cognizant agency for indirect costs regulations). 6. OMB Assistance 631 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 231 To the extent that problems are encountered among the Federal agencies or governmental units in connection with the negotiation and approval process, OMB will lend assistance, as required, to resolve such problems in a timely manner. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75889, Dec. 19, 2014; 85 FR 49581, Aug. 13, 2020; 89 FR 30207, Apr. 22, 2024] Appendix VIII to Part 200—Nonprofit Organizations Exempted From Subpart E of Part 200 1. Advance Technology Institute (ATI), Charleston, South Carolina 2. Aerospace Corporation, El Segundo, California 3. American Institutes of Research (AIR), Washington, DC 4. Argonne National Laboratory, Chicago, Illinois 5. Atomic Casualty Commission, Washington, DC 6. Battelle Memorial Institute, Headquartered in Columbus, Ohio 7. Brookhaven National Laboratory, Upton, New York 8. Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts 9. CNA Corporation (CNAC), Alexandria, Virginia 10. Environmental Institute of Michigan, Ann Arbor, Michigan 11. Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research Institute, Atlanta, Georgia 12. Hanford Environmental Health Foundation, Richland, Washington 13. IIT Research Institute, Chicago, Illinois 14. Institute of Gas Technology, Chicago, Illinois 15. Institute for Defense Analysis, Alexandria, Virginia 16. LMI, McLean, Virginia 17. Mitre Corporation, Bedford, Massachusetts 18. Noblis, Inc., Falls Church, Virginia 19. National Radiological Astronomy Observatory, Green Bank, West Virginia 20. National Renewable Energy Laboratory, Golden, Colorado 21. Oak Ridge Associated Universities, Oak Ridge, Tennessee 632 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 232 22. Rand Corporation, Santa Monica, California 23. Research Triangle Institute, Research Triangle Park, North Carolina 24. Riverside Research Institute, New York, New York 25. South Carolina Research Authority (SCRA), Charleston, South Carolina 26. Southern Research Institute, Birmingham, Alabama 27. Southwest Research Institute, San Antonio, Texas 28. SRI International, Menlo Park, California 29. Syracuse Research Corporation, Syracuse, New York 30. Universities Research Association, Incorporated (National Acceleration Lab), Argonne, Illinois 31. Urban Institute, Washington DC 32. Nonprofit insurance companies, such as Blue Cross and Blue Shield Organizations 33. Other nonprofit organizations as negotiated with Federal awarding agencies [78 FR 78608, Dec. 26, 2013, as amended at 85 FR 49582, Aug. 13, 2020] Appendix IX to Part 200—Hospital Cost Principles Until such time as revised guidance is proposed and implemented for hospitals, the existing principles located at 45 CFR part 75 Appendix IX, entitled “Principles for Determining Cost Applicable to Research and Development Under Grants and Contracts with Hospitals,” remain in effect. [86 FR 10440, Feb. 22, 2021] Appendix X to Part 200—Data Collection Form The data collection form is available as a series of workbooks on the Federal Audit Clearinghouse (FAC.gov). The form and submission instructions can be found at https://www.fac.gov/. [89 FR 30207, Apr. 22, 2024] Appendix XI to Part 200—Compliance Supplement The compliance supplement is available on the OMB website. [85 FR 49582, Aug. 13, 2020] Appendix XII to Part 200—Award Term and Condition for Recipient Integrity and Performance Matters I. Reporting of Matters Related to Recipient Integrity and Performance 633 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 233 (a) General Reporting Requirement. (1) If the total value of your active grants, cooperative agreements, and procurement contracts from all Federal agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient must ensure the information available in the responsibility/qualification records through the System for Award Management (SAM.gov), about civil, criminal, or administrative proceedings described in paragraph (b) of this award term is current and complete. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in responsibility/qualification records in SAM.gov on or after April 15, 2011 (except past performance reviews required for Federal procurement contracts) will be publicly available. (b) Proceedings About Which You Must Report. (1) You must submit the required information about each proceeding that— (i) Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; (ii) Reached its final disposition during the most recent five-year period; and (iii) Is one of the following— (A) A criminal proceeding that resulted in a conviction; (B) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (C) An administrative proceeding that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (D) Any other criminal, civil, or administrative proceeding if— (1) It could have led to an outcome described in paragraph (b)(1)(iii)(A) through (C); (2) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (3) The requirement in this award term to disclose information about the proceeding does not conflict with applicable laws and regulations. (c) Reporting Procedures. Enter the required information in SAM.gov for each proceeding described in paragraph (b) of this award term. You do not need to submit the information a second time under grants and cooperative agreements that you received if you already provided the information in SAM.gov because you were required to do so under Federal procurement contracts that you were awarded. (d) Reporting Frequency. During any period of time when you are subject to the requirement in paragraph (a) of this award term, you must report proceedings information in SAM.gov for the most recent five-year period, either to report new information about a proceeding that you have not reported previously or affirm that there is no new information to report. If you have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, you must disclose semiannually any information about the criminal, civil, and administrative proceedings. 634 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 234 (e) Definitions. For purposes of this award term— Administrative proceeding means a non-judicial process that is adjudicatory in nature to make a determination of fault or liability (for example, Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with the performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. Total value of currently active grants, cooperative agreements, and procurement contracts includes the value of the Federal share already received plus any anticipated Federal share under those awards (such as continuation funding). II. [Reserved] [89 FR 30207, Apr. 22, 2024] 635 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 235 Appendix II to Part 200 - Contract Provisions for Non- Federal Entity– Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. All references to a “Non-Federal Entity” herein shall be construed to mean the City Boynton Beach (CITY), it’s officers, employees, and elected officials. All Provisions shall be included and made a part of the final contract between the CITY and the CONSULTANT whether specifically included in the final contract document or referenced within the contract document, in which case these provisions shall be included as a part of the Agreement as if specifically enumerated therein. In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the CITY under the Federal award must contain provisions covering the following, as applicable: (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where Consultants violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Consultants must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Consultants must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Consultants and Sub-consultants on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each Consultant or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. 636 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 236 (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Consultant must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended – Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) – Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See § 200.323. A non -Federal entity that is a state agency or agency of a political subdivision of a state and its Consultants must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 637 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 237 (K) See § 200.216: Prohibition on certain telecommunications and video surveillance services or equipment. (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115–232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. © See Public Law 115–232, section 889 for additional information. (d) See also § 200.47 (L) See § 200.322. Domestic preferences for procurements. (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: 638 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 238 (1) “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. (2) “Manufactured products” means items 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. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020] 639 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 239 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., “RFP-19-90- 001.” 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. Approved by OMB 0348-0046 640 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 240 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance a. offer/application b. initial award c. post-award a. initial filing b. material change For material change only: Year ______ Quarter ________ Date of last report ____________ 4. Name and Address of Reporting Entity: Prime Subawardee Tier________, if known: Congressional District, if known:_____________ 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime: Congressional District, if known:_____________ 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: _________________ 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. Name and Addres of Lobbying Registrant (if individual, last name, first name, MI): b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI): 11. Information required through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure. Signature : ___________________________________ Print Name: __________________________________ Title: ________________________________________ Telephone No.: _________________ Date: _________ Federal Use Only: Authorized for Local Reproduction Standard Form LLL (Rev. 7-97) 641 City of Boynton Beach Procurement Division RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 241 Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor, _, of the Sub-Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-Recipient’s contractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. SUBCONTRACTOR By: City of Boynton Beach Signature Sub-Recipient’s Name H1107 Name and Title DEM Contract Number 4673-077-R Street Address FEMA Project Number City, State, Zip Date 642 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 242 APPENDIX ‘A’ DRAFT - CONTRACT AGREEMENT PROFESSIONAL SERVICES TERM CONTRACT (CONSTRUCTION) 643 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 243 DRAFT ENGINEERING DESIGN SERVICES – NW 3RD STREET – SFWMD C-16 (HEART OF BOYNTON), FLOOD RISK REDUCTION (GRANT FUNDED) RFQ No. 25-045Q *SUBJECT TO REVISIONS PRIOR TO SIGNING* 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 ___________ a [type of entity: corporation/partnership/sole proprietor] authorized to do business in the State of Florida, with a business address of ______________, hereinafter referred to as “CONSULTANT” each a “Party” and collectively the “Parties”. In consideration of the mutual benefits, terms, and conditions hereinafter specified, the Parties agree as set forth below. WHEREAS, the CITY solicited proposals for a contract to perform Engineering Consultant Services, and WHEREAS, the CITY issued a Request for Qualification for ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED), RFQ No. 25-045 (“RFQ”); and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the RFQ; and WHEREAS, the CITY Commission on [____], determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the RFQ; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 – SERVICES. 1.1 CONSULTANT hereby agrees to perform all consulting and engineering services required for ___________________________________, Phase I: Design, modeling and calculations, H&H study/modeling, surveys, environmental assessment, right-of-way (ROW) assessment and easement process, permitting, and preparation of a bidding package for proposed improvements, and Phase II: Upon grant approval for construction, the Consultant will provide bidding assistance and construction administration services for retrofitting stormwater infrastructure within the Heart of Boynton area. The terms and conditions of RFQ No. 25-045Q and the CONSULTANT’s proposal are expressly incorporated into this Agreement by reference. Any conflict or discrepancy between the terms of this Agreement, RFQ 25-045Q, and CONSULTANT’s proposal, shall be resolved pursuant to the following order of precedence: (1) this Agreement, (2) RFQ No. 25-045Q, and (3) CONSULTANT’s Proposal. 1.2 CONSULTANT shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for herein, and all work performed under this Agreement shall be done in a professional manner. 644 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 244 1.3 CONSULTANT shall complete all work in accordance with the phases of services described below, as more specifically described in the RFQ. 1.4 Phases of Professional Services The services provided under this Agreement (“Professional Services”), intended to be compensated by the Fees, shall be categorized into the following phases of service, as applicable: 1. Pre-Design Analysis (or Planning/Study/Report) (NA) 2. Preliminary Design Phase and Estimated Construction Costs 3. Final Design and Construction Documents Phase and Estimated Construction Costs 4. Permitting Phase (expected to complete Phases 2, 3, and 4 within 9 months) 5. Bidding and Negotiation Phase (expected to complete in 3-4 months) 6. Construction Administration Phase (To be Determined) 1.5 Pre-Design Analysis (or Planning/Study/Report) Phase (Not part of the scope) 1.5.1 Scope. If the scope of Professional Services includes pre-design analysis or preparation of planning/study/report, the CONSULTANT shall: i) Consult with the City regarding the requirements and budget allocations for the scope of services/Project and review available data; ii) Advise the City as to the necessity of any additional services from other technical professionals; iii) Provide analyses of the City’s needs, surveys, site evaluations, environmental assessments, utility locations and comparative studies of solutions; and iv) Provide a general economic analysis of the requirements applicable to various alternatives; and identify any areas of the task that can be properly value-engineered to produce a savings in the Project construction cost. 1.5.2 Deliverables: (a) If the scope of Professional Services includes design services: i. Prepare conceptual design criteria with appropriate sketches or exhibits, and identify in a clear manner the considerations involved and the alternative solutions available, as well as CONSULTANT’s recommendations (the “Pre-Design Analysis”). The Pre-Design Analysis may include any pilot or bench scale study, shall be accompanied by CONSULTANT’s preliminary estimate of total construction costs for the Project. (b) If the scope of Professional Services includes a Study or Report: Prepare a report which shall identify in a clear manner the issue and considerations involved; CONSULTANT’s findings; the alternative solutions available, estimated costs, as well as CONSULTANT’s recommendations; and shall include appropriate exhibits (the “Study Report”). 1.5.3.Presentations. If requested by City, CONSULTANT shall attend meeting(s) with City Commissioners and/or City administration and may be asked to prepare and make a presentation of the Study Report or Pre-Design Analysis. 1.6 Preliminary Design Phase 1.6.1 Scope. If the scope of Professional Services includes Preliminary Design, CONSULTANT shall address City’s comments to the Pre-Design Analysis, and shall prepare the preliminary design package. The preliminary design package shall include the following: (a) Preliminary design drawings (30%), including design criteria and sketches or exhibits, including preliminary layout of proposed stormwater system. (b) Outline of technical specifications. (c) Estimated Construction Cost, in accordance with Section 5. (d) Location map exhibits (e) Survey and existing utilities as-builts 645 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 245 (f) Utilities coordination documentation (g) Environmental documents (if applicable) (the “Preliminary Design Package”). 1.6.2. Deliverable: The Preliminary Design Package for review and comment by the City. 1.6.3 Outreach. If requested, CONSULTANT shall assist the City with any public communication/information program during this phase or any other phase of the project, including neighborhood presentations. Such assistance shall include the development of presentation material and attendance at public meetings. 1.6.4. Presentations. If requested by City, CONSULTANT shall attend meeting(s) with City administration and/or City Commission and may be asked to prepare and make presentation of the Preliminary Design Package and Estimated Construction Cost. 1.6.5 Loan/Grant management and reporting. If requested, CONSULTANT shall assist the City with managing and reporting requirements for any grants that may be used for funding the project/study. CONSULTANT will assist the City in identifying and following any procurement requirements for the particular funding mechanism used. 1.7 Final Design – Construction Documents Phase 1.7.1 Scope. If the scope of Professional Services includes design development of construction documents, then on the basis of the accepted Preliminary Design Package and Estimated Construction Cost of the project, the CONSULTANT shall prepare, for attachment to the forthcoming construction contract, final construction drawings identifying and describing the scope, extent and character of the work to be furnished and performed by contractor(s), which comply with all applicable building codes, laws and regulations, including loan/grant/other funding mechanism requirements (the “Final Drawings”) and technical specifications for construction of the Project (the “Technical Specifications”) at 60%, 90% and 100% completion. The Specifications are to be prepared in conformance with the sixteen division format provided by the Construction Specifications Institute. The Technical specifications shall include a Measurement section for the bid items. 1.7.2 Schedule of bid items. Prepare, for review and acceptance by the City, a proposed schedule of bid items. 1.7.3 Estimated Construction Cost. In accordance with Article 5, modify the Estimated Construction Cost of the project necessitated by the Construction Drawings and Specifications. In the event that the Estimated Construction Cost of the Project, when combined with the total Professional Services Fee and costs; plus any Construction Contingency or allowances established by the City, exceeds the total amount budgeted for the project as established by the City, then the CONSULTANT shall revise and/or redesign the documents to bring the designs back within the budgeted amount, unless the City provides written approval that the Estimated Construction Cost exceeds the project budget. If the reason that the Estimated Construction Cost exceeds the budget is reasonably foreseeable at the time of performing the Professional Services, CONSULTANT shall provide written notification identifying the specific reason to the City immediately upon CONSULTANT determination that the Estimated Construction Cost may exceed the project budget, and in such case, shall await further direction from the City before proceeding further with the Professional Services. If the reason that the Estimated Construction Cost exceeds the budget was reasonably foreseeable at the time of performing the Professional Services, and the CONSULTANT does not notify the City and obtain written approval from the City that the Estimated Construction Cost exceeds the project budget, CONSULTANT shall revise and/or redesign the documents at its own cost and expense to bring the designs back within the budgeted amount. 646 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 246 1.7.4 Deliverables: (a) 60% Construction Drawings, Estimated Construction Cost and draft Technical Specifications in editable electronic format (docx,.xls, dwg, and .pdf) for the review and comments of the City; (b) 90% Construction Drawings, Estimated Construction Cost and draft Technical Specifications in editable electronic format (docx,.xls, dwg, and .pdf) for the review and comments of the City; (c) 100% Construction Drawings, Estimated Construction Cost and draft Technical Specifications in editable electronic format (docx,.xls, dwg, and .pdf) for the review and comments of the City; (d) Final signed and sealed sets of final Construction Drawings, Technical Specifications and Estimated Construction Cost in electronic format (the “Construction Drawings and Technical Specifications”) along with all supporting calculations; and any associated documents; (e) Schedule of bid items; (f) Estimated Construction Costs within project budget, unless otherwise accepted in writing by the City. 1.8 Permitting Phase 1.8.1 Scope. If the scope of Professional Services includes permitting, then in consultation with the City and on the basis of the Construction Drawings and Technical Specifications and Estimated Construction Cost of the project, CONSULTANT shall prepare all necessary permit applications for submission with the Construction Drawings and Technical Specifications to the regulatory agencies for appropriate permits or other approvals. CONSULTANT shall provide technical criteria, written descriptions, and design data for the City’s and CONSULTANT’s use in filing applications for permits with or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of the project. CONSULTANT shall respond to any comments or requests for information from permitting authorities, and assist the City in consultations with appropriate authorities. 1.8.2 Permits. In the event that the Construction Drawings and Technical Specifications are not granted the necessary or appropriate permits or other approvals from the appropriate regulatory agencies due to design issues, CONSULTANT shall revise and/or redesign the documents at its own cost and expense to ensure the necessary permits and approvals are granted. 1.8.3 Permit Fees. Permit application fees shall be determined and paid by CONSULTANT. 1.9 Construction Bidding and Negotiation Phase 1.9.1 Scope. If the scope of Professional Services includes the Construction Bidding and Negotiation Phase, then in consultation with City and on the basis of the Construction Drawings and Technical Specifications, CONSULTANT shall review price tabulation sheets and assist the City in evaluating bids or proposals and consult with and advise the City as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) for those portions of the work as to which such acceptability is required by the procurement documents. CONSULTANT will identify any areas of the Project that may be properly value-engineered to produce a savings in the construction cost. CONSULTANT may be required to assist the City’s Procurement Division in the preparation of addenda or written clarifications of additional instructions, to interpret, clarify, or expand the procurement documents. 1.9.2 Bidding assistance, if requested. Only if requested, CONSULTANT may be required to: 647 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 247 (a) Participate in any pre-bid conferences and/or attend the bid opening; (b) Assist the City in negotiating proposals for each separate prime contract for construction, materials, equipment and services. 1.10 Construction Administration Phase 1.10.1 Scope. If the scope of Professional Services includes the Construction Administration Phase, CONSULTANT shall consult with and advise the City and act as Owner’s representative on the Project. CONSULTANT may be required to provide full or part-time inspection staff as owner’s representative to closely coordinate all activities with operations on a daily to weekly basis. CONSULTANT will have limited authority to act on behalf of the City as specifically provided in this Agreement. (a) Site visits. CONSULTANT shall conduct site visits in accordance with Section 1.10.2, herein. (b) Meetings. CONSULTANT shall conduct periodic meetings with the City and contractor(s). CONSULTANT shall be responsible for preparing periodic meeting minutes and distributing them to all in attendance. (c) Interpretations. CONSULTANT shall issue necessary interpretations and clarifications of the Construction Drawings and Technical Specifications and may issue additional instructions, by means of drawings, minor change orders, or otherwise, necessary to illustrate changes in the work. Change orders shall comply with Section 1.10.3 below. (d) Shop drawings; Samples. CONSULTANT shall timely review and approve or take other appropriate action with respect to shop drawings, samples, the acceptability of substitute materials and equipment proposed by contractor(s), and other data that the contractor(s) are required to submit to ascertain conformance to the Construction Drawings and Technical Specifications. CONSULTANT shall complete its review of submittals, shop drawings, samples and other data shall be completed so as not to delay the progression of the work or within fourteen (14) calendar days of receipt. The City shall be entitled to rely upon the approval of CONSULTANT that the shop drawings, product data, and samples approved by CONSULTANT conform with the Technical Specifications and design specified in the Construction Drawings, as may be amended. Such reviews and approvals or other action shall not extend to the means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. (e) Testing . CONSULTANT shall be obliged, in its role as the representative of the City on the project, to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testing and approvals as required by laws, rules, regulations, ordinances, codes, orders or the contract documents to determine that the work complies with the requirements of, and that the results certified indicate compliance with the Technical Specifications. (f) Review of payment applications. CONSULTANT shall review applications for payment and the accompanying data and schedules, CONSULTANT shall determine the amounts owing to contractor(s) and recommend in writing payments to contractor(s) in such amounts. Such recommendations of payment will constitute a representation to the City, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of CONSULTANT’s knowledge, information and belief, the quality of such work is in accordance with the Construction Drawings and Technical Specifications subject to (1) an evaluation of such work as a functioning whole prior to or upon substantial completion; (2) the results of any subsequent tests called for in the contract documents and (3) any other qualification reasonably stated in the recommendation(s). With regard to unit price work, CONSULTANT’s recommendations of payment shall include final 648 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 248 determinations of quantities and classifications of such work subject to any subsequent adjustments allowed by the Construction Drawings and Technical Specifications or terms and conditions of the construction contract for the Project. (g) Documentation review. CONSULTANT shall receive and review maintenance and operating instructions, schedules, guarantees, bonds, and certificates of inspection, tests, and approvals, which will be assembled by contractor(s) in accordance with the construction contract. Such review shall be limited to a determination by CONSULTANT that the content of said documents and instruments complies with the construction contract. In the case of certificates of inspection, tests, and approvals, such review shall be limited to a determination that the results certified indicate compliance with the construction contract. CONSULTANT shall thereafter transmit said documents and instruments to the City with written comments and, if applicable, recommendations regarding same, prior to determination of substantial completion. (h) Substantial Completion Inspection. CONSULTANT shall conduct substantial completion inspection(s) to develop the “punchlist” and to determine if the work is substantially complete; such inspection to be scheduled within three (3) days of notice of substantial completion. Said punch list shall be prepared and signed by CONSULTANT and the City and delivered to contractor not later than three (3) calendar days after the walkthrough. If necessary, CONSULTANT shall assist in any mediation between City and contractor to develop an agreed punch list. (i) Final Inspection. CONSULTANT shall conduct a final inspection to determine if the completed work is in compliance with the punch list, “as-built” drawings,” and the Construction Drawings, Technical Specifications, and construction contract documents. Within three (3) business days following such determination of compliance by CONSULTANT, CONSULTANT shall recommend in writing final payment to contractor(s) and shall give written notice to City and contractor(s) that the work is acceptable, subject to any conditions expressed in such recommendation. 1.10.2 Site visits. CONSULTANT shall visit the construction site at intervals appropriate to the various stages of construction as CONSULTANT deems necessary or as the City requests in order to enable CONSULTANT to observe as an experienced and qualified design professional the progress and quality of the various aspects of contractor(s)’ work. Based on information obtained during such visits and on such observations, CONSULTANT shall advise City whether (i) the work is proceeding in accordance with the Construction Drawings and Technical Specifications, and (ii) the integrity of the design concepts have been implemented and preserved by the contractor(s). CONSULTANT shall keep the City informed of the progress of the work in the manner and frequency requested by the City. During such visits and on the basis of such observations, CONSULTANT may disapprove of or reject contractor(s)’ work while it is in progress if CONSULTANT believes that such work will not produce a completed project that conforms generally to the contract documents or that it will prejudice the integrity of the design of the project as reflected in the Construction Drawings and Technical Specifications. CONSULTANT shall notify the City within twenty-four (24) hours of the discovery of such conditions that stoppage of the work may be necessary to ensure the proper execution of the Construction Drawings and Technical Specifications or to protect the public and/or property. CONSULTANT shall sign any Stop Work Notice issued by the City. CONSULTANT shall also have authority to reject all work, materials, and equipment which do not conform to the Construction Drawings and Technical Specifications and to decide questions raised by contractor which arise in the execution of the work. 1.10.3 Change orders. CONSULTANT shall prepare work change directives and change orders as required or requested by the City. CONSULTANT will provide a response to the contractor and City with respect to a request for change order within a reasonable amount of time after receipt of contractor’s notice and all necessary backup information required by CONSULTANT to formulate a response. CONSULTANT will have authority to make minor 649 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 249 changes in the work which: (1) do not result in extra cost; and (2) do not extend the timeline for completion of the project, and (3) are not inconsistent with the purpose of the work. CONSULTANT is not authorized to bind the City to changes in contract price or time. 1.10.4 Contractor claims. CONSULTANT will make decisions in writing on all claims of the contractor(s), and on all other matters relating to the execution and progress of the work or the interpretation of the Construction Drawings and Technical Specifications and contract documents. All such decisions of CONSULTANT shall be final. In the event of any unresolved dispute between City and its contractor(s), CONSULTANT may mediate a meeting with City and contractor(s) to resolve the dispute. Notwithstanding the foregoing, CONSULTANT will not be an arbitrator of disputes between City and its contractor(s). 1.10.5 No contractor supervision. CONSULTANT will not, either during site visits or as a result of observations of contractor(s)’ work in progress, supervise, direct, or have control over contractor(s)’ work. Nor shall CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by contractor(s), for safety precautions incident to the work of contractor(s) or for any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to contractor(s) furnishing and performing their work. Accordingly, it is understood that CONSULTANT can neither guarantee the performance of the construction contracts by contractor(s) nor assume responsibility for contractor(s)’ failure to furnish and perform their work in accordance with the contract documents. CONSULTANT shall not be required to make any examination to ascertain how or for what purpose any contractor has used the monies paid on account of the contract price, or to determine that title to any of the work, materials or equipment has passed to City free and clear of any lien, claims, security interests or encumbrances, or that there may not be other matters at issue between City and contractor that might affect the amount that should be paid. The limitations in this section shall not limit the responsibility of CONSULTANT otherwise set forth in this Agreement. CONSULTANT is NOT authorized to do the following: a. Expedite the work for the contractor(s). b. Advise the contractor(s) on building techniques or scheduling. c. Get involved in disputes or problems between contractor(s) and subcontractor(s). 1.10.6 Deliverables. (a) Periodic project meeting minutes. (b) Recommendations regarding payment applications; (c) Transmittal of maintenance and operating instructions, schedules, guarantees, bonds, and certificates, and inspection, tests, and approvals (assembled by contractor(s)) with written comments and, if applicable, recommendations regarding same; (d) Punch list of items to be completed by contractor after substantial completion; (e) Recommendation of final payment to the contractor(s) and written notice to City that the work is complete and reasonably conforms with the Construction Drawings and Technical Specifications. 1.10.7 Presentation. If requested by City, CONSULTANT shall attend additional City meeting(s) and may be asked to make a presentation of the project status or any issues or concerns. 1.11 Requirement for Drawings and Plans. Unless otherwise set forth in the scope of services, plans shall be based on the North American Datum of 1983, 1190 Adjustment and the North American Vertical Datum of 1988. All drawings and plans shall be accurate, legible, complete in design, drawn to scale, and suitable for bidding purposes 1.12 CONSULTANT assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with recognized professional and ethical 650 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 250 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 CONSULTANT thereof in writing, CONSULTANT agrees to re-perform such deficient services without charge to the CITY. 1.13 The relationship between CITY and CONSULTANT created hereunder and the services to be provided by CONSULTANT pursuant to this Agreement are non-exclusive. CITY shall be free to pursue and engage similar relationships with other contractors to perform the same or similar services performed by CONSULTANT hereunder, so long as no other consultant shall be engaged to perform the specific project(s) assigned to CONSULTANT while CONSULTANT is so engaged without first terminating such assignment. CONSULTANT 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 CONSULTANT hereunder. 1.14 CONSULTANT shall not utilize the services of any sub-consultant without the prior written approval of CITY. 1.15 The CITY’s Representative during the performance of this Agreement shall be ____. 1.16 The CONSULTANT’S Representative during the performance of the Agreement shall be ____. ARTICLE 2 - COMPLETION SCHEDULE. 2.1 Term and Time For Performance. The Term of this Agreement shall commence upon the complete execution of this Agreement by both parties and the Issuance of a Purchase Order by the CITY to the CONSULTANT, and continue until completion of the project. CONSULTANT shall perform all services and provide all work products and deliverables required in accordance with the schedule set forth below, based upon the stipulations of the grant award. All Planning and Design Activities shall be completed no later than the date set forth below: a. All planning and design activities, along with the submission of the final invoice, shall be completed within two hundred seventy (270) days to comply with the grant schedule. 2.2 Delay. 2.2.1 CONSULTANT’s Professional Services shall be timely performed in compliance with the Project schedule or as amended in a writing executed by both parties. If CONSULTANT is delayed at any time in the progress of its Professional Services by any act, failure to act or neglect of the City, or any separate consultant or contractor hired directly by the City, or by occurrences beyond the control and without any fault or negligence of CONSULTANT, CONSULTANT shall provide to the City, within five (5) working days of the date the delay began, written notice of the delay. Provided CONSULTANT has timely notified the City of such delay, the City shall amend the schedule in writing, for the time delay actually caused by such occurrence, as determined by the City in its sole discretion. This extension of time shall be CONSULTANT’s sole and exclusive remedy attributed to such delay. 2.2.2 CONSULTANT acknowledges responsibility for any delay damages suffered by the City as a result of CONSULTANT’s negligent, reckless, or intentional wrongful actions or inactions. In the event that the City suffers or reasonably believes that it will suffer actual delay damages as a result of CONSULTANT aforesaid actions or inactions, the City, in its sole discretion, said discretion to be exercised reasonably and in good faith, shall have the right and be entitled to terminate this Agreement upon five (5) day’s written notice and such termination shall not be construed to constitute a breach of this Agreement by the City. 651 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 251 ARTICLE 3 – PROFESSIONAL SERVICES FEE & EXPENSES. 3.1 Compensation. The professional services Fee and administrative reimbursements to be paid by the City to CONSULTANT, for all Professional Services of both CONSULTANT and any of its subcontractors under this Agreement shall not exceed: _______________________ ($_____________). This compensation amount shall be the sole amount paid to CONSULTANT. The compensation may be adjusted, if necessary, by a written amendment, duly approved and executed by CONSULTANT and City, provided the City’s budget includes, or is adjusted to include, the entire Fee. 3.2 Fee Schedule. A detailed Fee Schedule, tied to the deliverables shall be attached as Exhibit A. The Fee Schedule shall detail the hourly rates, number of hours and a payment schedule that shall not be front-loaded. 3.2.1 Rates. CONSULTANT’s hourly rates for every position or level of profession or staff for whom time will be invoiced under this Agreement shall be included in the Fee Schedule attached as Exhibit A and incorporated into this Agreement. All such rates shall be effective for the term of this Agreement. The fixed hourly costs for all positions will be applicable to both in-house professional engineering services and professional engineering services at the CONSULTANT firm’s place of business. 3.2.2 Expenses. The Fee Schedule shall include all administrative out-of-pocket expenses to be reimbursed under this Agreement. 3.2.3 Supporting Documents. CONSULTANT shall maintain complete and orderly documentation underlying all of its invoiced out-of-pocket expenses, including copies of paid receipts, invoices, or other documentation acceptable to the City. Such documentation shall be sufficient to establish that the expenses were actually incurred and necessary in the performance of the Professional Services. 3.2.4 Mark-Up. Any out-of-pocket costs shall not be marked up more than three percent (3%). 3.2.5 Travel Expenses. Any agreed travel, per diem, mileage, meals, or lodging expenses, the cost of which are subject to the City’s prior written approval, shall be paid in accordance with the rates and conditions established by the City’s Travel Policy, a copy of which has been provided to CONSULTANT, or the applicable law or ordinance. 3.3 Subcontracts. CONSULTANT may invoice for Professional Services related to the sub-contractual services at the established hourly rates in the Fee Schedule. ARTICLE 4 – INVOICES AND PAYMENT. The CONSULTANT shall be paid by the CITY for completed work and for services rendered in accordance with the Fee Schedule as follows: a. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. b. The CONSULTANT may submit invoices to the CITY a maximum of once per month during the progress of the work for partial payment. Such invoices will be reviewed by the CITY to determine if services have been rendered in conformity with this Agreement, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. c. Invoices must identify the PO number and contract number. 652 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 252 d. Invoices shall be submitted to:______________, and shall be concurrently e-mailed to the City’s Representative. e. Invoices requesting reimbursement of expenses shall include copies of all documentation of the expenses, to the satisfaction of the CITY. f. Final payment of any balance due to 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. g. Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONSULTANT, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONSULTANT shall release CITY from all claims of liability by CONSULTANT in connection with this Agreement. h. 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 shall be submitted to the CITY no later than four (4) months after completion of all Professional Services. The Final Invoice certifies that all services have been properly performed and all charges and costs owed in connection with this Agreement have been invoiced to the CITY. Since this account will thereupon be closed, any other further charges if not properly included on the Final Invoice are considered waived by the CONSULTANT. i. The CONSULTANT’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. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. ARTICLE 5 – ESTIMATED CONSTRUCTION COSTS 5.1 Included in Estimated Construction Cost The Estimated Construction Cost of a project shall include the total cost to City of all elements of the entire project designed and specified by CONSULTANT; including an itemization of each of the following: a. Cost of construction including all labor, materials and equipment required; including but not limited to, an estimated statement of proposed hourly rates and labor costs by job classification; general conditions, bonds and insurance, etc.; b. Allowance for construction cost contingencies; c. Regulatory permit fees; d. Allowance for other necessary services, such as materials testing, to be provided by others for the City; e. Traffic Control, when applicable; f. Sheet and shoring, when applicable; g. By-pass plumbing, when applicable; 653 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 253 h. Pressure Testing, when applicable; i. Video Taping Inspections, when applicable; j. Mobilization and De-mobilizations. 5.2 Excluded in Estimated Construction Cost The Estimated Construction Cost shall exclude CONSULTANT’s Fee. 5.3 City’s Reliance; Adjustment to Estimated Construction Cost CONSULTANT hereby represents to the City that CONSULTANT is aware that City is relying on the Estimated Construction Costs prepared by the CONSULTANT. CONSULTANT further represents that it has the necessary resources and expertise, including a cost analyst, to ensure that the bids received for the project will not exceed the Estimated Construction Costs determined by CONSULTANT in the performance of its Professional Services under this Agreement by a factor of more than ten percent (10%) over and above the Estimated Construction Cost at the time that the construction procurement solicitation is advertised for the project, subject to unforeseeable, documented, changes in markets and costs. In the event that the bidding phase has not commenced within three (3) months after CONSULTANT submits the Construction Drawings and Technical Specifications and Estimated Construction Cost of the project to the City, the Estimated Construction Cost of the project may be adjusted by CONSULTANT to reflect any documented change in the general level of prices in the construction industry between the date of submission of the Estimated Construction Costs to the City and the date on which the construction procurement solicitation is ultimately advertised. 5.4 Inaccurate Estimated Construction Cost In the event that a least two (2) responsive and responsible bids are received, and the lowest “best value” bid, as such term is used in the City of Boynton Beach Procurement Code, excluding any alternate bid items (“base bid”), exceeds the Estimated Construction Cost for a project by more than ten percent (10%), the CONSULTANT shall explain, in writing, the reasons why the bids or proposals exceeded the ten percent (10%) factor following the analysis of all base bids. In such a circumstance, the City may at its sole discretion, exercise any one or more of the following options: (1) CONSULTANT shall be required to amend, at the sole cost and expense of CONSULTANT, the Construction Drawings and Technical Specifications along with the Estimated Construction Cost, to enable the project to conform to a maximum of ten percent (10%) above the Estimated Construction Costs of the project and the City’s project budget with such amendments subject to the written final acceptance and approval of the City; (2) CONSULTANT shall be required to provide, at the sole cost and expense of CONSULTANT, re-bidding services and related items (including costs associated with regulatory review and approval of revised documents) as many times as requested by the City until the base bid of at least one “best value” bid falls within the factor of ten percent (10%) of the Estimated Construction Cost of the project; (3) City may grant approval of an increase in the Estimated Construction Cost of project; (4) City may abandon the project and terminate this Agreement; or (5) City may select as many deductive alternatives as may be necessary to bring the award within ten percent (10%) of the Estimated Construction Costs of the project. Notwithstanding the foregoing and anything to the contrary contained in this Agreement, it is expressly understood and agreed that the redesigning services required to keep a project within 10% of the Estimated Construction Cost shall not be considered additional services and CONSULTANT agrees that it shall not seek compensation from the City for same. ARTICLE 6 – MODIFICATIONS TO THE SCOPE Notwithstanding the foregoing provisions, the City reserves the right to make changes to a project or the scope of Professional Services at any time, including alterations, reductions or additions thereto. Upon receipt by CONSULTANT of City’s notification of a contemplated change, CONSULTANT shall in writing: (i) provide a detailed estimate for the increase or decrease in CONSULTANT’s Fee and other design costs that would result from the contemplated change; (ii) provide a detailed estimate for the increase or decrease in Estimated Construction Costs that would result from the contemplated change; (iii) notify the City of any estimated change in the completion date; and (iv) advise the City how the contemplated change shall affect the CONSULTANT’s ability to meet the completion dates or schedules. If the City so instructs in writing, CONSULTANT shall suspend work on the portion of the scope of services affected by a contemplated 654 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 254 change, pending the City’s decision to proceed with the change. If the City elects to make the change, the parties shall execute a written amendment to this Agreement and CONSULTANT shall not commence work on any such change until such amendment is signed by the parties. It is further acknowledged and agreed that changes to Deliverables, or revisions of studies, that do not increase or change the overall estimate of time under the schedule shall be considered mere substitution of work for scope of work (“Substituted Services”) already included in the Fee. Substituted Services shall not in any circumstances be considered compensable as other expenses, and, to the extent that the event of Substituted Services causes an overall reduction in the amount of time for services considered in the Fee Schedule, such shall result in pro-rata reduction of the Fee. ARTICLE 7 – OWNERSHIP AND USE OF DOCUMENTS. All plans, drawings, calculation, construction documents, technical specifications, sketches, photographs, videos, illustrations, tracings, PowerPoint presentations, specifications, maps, computer files and/or studies or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, regardless of form or format, will be considered works made for hire and, upon payment by the City of the Fee for same, will become the exclusive property of the City without restriction or limitation on their use and will be made available, upon request, to the City upon request and/or upon completion or termination of this Agreement. City shall not be required to pay any additional charges for the City’s documents and records. Documents can be provided to the City electronically. Upon delivery to the City of said document(s), the City will become the custodian thereof in accordance with Chapter 119, Florida Statutes. CONSULTANT will not copyright any material and products or patent any invention developed under this Agreement. CONSULTANT specifically waives and releases all rights which CONSULTANT may have in the materials, products, or invention pursuant to 17 U.S.C. §§106A and 113(d). CONSULTANT acknowledges and affirms that pursuant to 17 U.S.C. §106AI, such waiver and release shall be effective as to any and all uses foreseeable and unforeseeable for which such materials, products, or inventions might be subject. CONSULTANT waives and assigns to City all copyrights under 17 U.S.C. §101, et seq., and all other rights in the materials, products, inventions, and any work produced. Any reuse of CONSULTANT’s prepared documents by the City, except for the specific purpose intended under this Agreement, will be at City’s sole risk and without liability or legal exposure to CONSULTANT or its sub- consultants. a. Obligation to Furnish Documents to the City. CONSULTANT shall deliver to the City for approval and acceptance, and before being eligible for final payment of any amounts due under this Agreement, all documents and materials prepared for the City in connection with this Agreement. All such documents and records shall be provided within a reasonable time at no additional cost. Such documents may be provided electronically. b. CONSULTANT’s Records. Notwithstanding any other provision in this Section, CONSULTANT shall be entitled to retain a copy of all plans, drawings, calculation, construction documents, technical specifications, sketches, photographs, videos, illustrations, tracings, PowerPoint presentations, specifications, maps, computer files and/or studies or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, for CONSULTANT’s records only as is necessary for CONSULTANT to document its professional services. CONSULTANT acknowledges that plans, drawings, documents, and records related to the physical security of City facilities or security systems are exempt or confidential records and shall not be disclosed by CONSULTANT, except as authorized by law and specifically authorized by City. ARTICLE 8 – GENERAL TERMS a. 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. b. Warranties and Representations. CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of 655 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 255 this Agreement. CONSULTANT’s services shall meet a standard of care for Project Management Consultant Services and related services equal to or exceeding the standard of care for professionals practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Management consultant 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. c. Licensed. CONSULTANT represents that it is duly licensed in Florida to perform the Professional Services under this Agreement and that it will continue to maintain all licenses and approvals required to conduct its business. d. Design and Constructability. CONSULTANT hereby represents to City that where Professional Services includes development of Construction Drawings and Technical Specifications, such project: (i) is and shall be designed with no material defects in design, determined in accordance with sound architectural and engineering principles, as applicable, and generally accepted industry standards; (ii) is and shall be designed in accordance with generally accepted architectural and engineering standards, as applicable, and (iii) is constructible. Without waiver of City’s other rights and remedies, City may require CONSULTANT to perform again, at CONSULTANT’s sole cost and expense, any design services which were not performed in accordance with the requirements and standards set forth in this Agreement. CONSULTANT hereby waives any claims which it may have or assert against the City with respect to this section, except and unless and failure of CONSULTANT to perform, in whole or in part, is due to the action or inaction of the City. Without limiting any other remedy available to City, the CONSULTANT shall furnish at its own expense any redesign or revisions to the Construction Documents and Technical Specifications necessary to correct any material errors, omissions, failures or deficiencies in such documents, and shall, at its sole cost and expense, correct any work performed in accordance with deficient documents. The City’s review or approval of, or payment for, any Professional Services or deliverables under this Agreement shall not be construed as a waiver of any rights under this Agreement or any cause of action arising out of performance under this Agreement. This section shall survive the expiration or termination of this Agreement. e. Indemnification. The CONSULTANT shall indemnify and hold harmless the CITY, its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorneys’ fees and costs of defense, through the conclusion of any appeals, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the CONSULTANT, its employees, agents, partners, principals or subcontractors. The CONSULTANT 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. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. PURSUANT TO F.S. SEC. 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD LIABILE FOR NEGLIGENCE. To the extent considered necessary by the City, any sums due CONSULTANT under this Agreement may be retained by City until all of City’s claims for indemnification have been resolved, and any amount withheld shall not be subject to the payment of interest by City. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or otherwise. 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. 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. 656 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 256 f. Insurance. During the performance of the services under this Agreement, CONSULTANT shall maintain the insurance policies required by the Insurance Advisory attached hereto as Exhibit B to this Agreement, and the General Conditions and provide originals or certified copies of all policies to the CITY’s Risk Manager. All policies shall be written by an insurance company authorized to do business in Florida. CONSULTANT shall be required to obtain all applicable insurance coverage, as indicated in Exhibit B, before commencing any service under this Agreement. CONSULTANT 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. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded 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) days prior written notice by either certified mail, return receipt requested, has been given to the CITY. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Director of Human Resources and Risk Management. The 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. g. Independent Consultant. The CONSULTANT and the CITY agree that the CONSULTANT is an independent 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 CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. h. Covenant Against Contingent Fees. The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide 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 bona fide 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 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. i. Consultant’s Competitive Negotiation Act. The parties confirm that the procurement of the professional services under this Agreement was the subject of the competitive selection and negotiation processes mandated by Section 287.055, Florida Statutes, unless specifically exempted therefrom. j. Truth-In-Negotiation Certificate. a. Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT’s most favored customer for the same or substantially similar service. 657 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 257 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 CONSULTANTs. The CITY shall exercise its rights under this “Certificate” within one (1) year following payment. k. Discrimination Prohibited. The CONSULTANT, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, gender, disability, marital status, political affiliation, pregnancy, gender identity, and expression, sex or the presence of any physical or sensory handicap in the selection and retention of employees, procurement of materials, supplies, or in performance of any Work pursuant to this Agreement. l. Non-Waiver. Any waiver by either party of any one or more of the covenants, conditions, or provisions of this Agreement, shall not be construed to be a waiver of any subsequent or other breach of the same or any covenant, condition or provision of this Agreement. Nothing in this Agreement shall be interpreted to constitute a release of the responsibility and liability of CONSULTANT, its employees, sub-contractors, agents, and sub-consultants for the accuracy and competency of their designs, working drawings, Construction Documents, Technical Specifications or other documents and works, nor shall any approval by the City be deemed to be an assumption of such responsibility by the City for a defect or omission in designs, Construction Documents, Technical Specifications or other documents prepared by CONSULTANT, its employees, agents, or subcontractors. . m. Termination. a. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) calendar days after written notice by the City to the CONSULTANT for such termination in which event the CONSULTANT shall be paid its compensation for work performed through to the termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, the CONSULTANT shall indemnify the CITY against loss pertaining to this termination. b. Termination for Cause. This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within thirty (30) calendar days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may be terminated for cause by CITY for reasons including, but not limited to, CONSULTANT’s failure to suitably or continuously perform the services in a manner calculated to meet or accomplish the objectives in this Agreement, or repeated submission (whether negligent or intentional) for payment of false or incorrect bills or invoices. c. In the event of the death of a member, partner, or officer of the CONSULTANT, or any of its supervisory personnel assigned to the project, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this Agreement, if requested to do so by the CITY. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONSULTANT and the CITY, if the CITY so chooses. d. Notice of termination shall be provided in accordance with the “Notices” section of this Agreement. e. Upon termination, CONSULTANT shall immediately assemble and deliver all documents, drawings, signed and sealed drawings, Construction Documents, Technical Specifications, CADD files, calculations, specifications, correspondence, testing and materials information, warranties, manuals, written information, electronic data and all other materials in its possession concerning the Professional Services 658 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 258 under this Agreement and City projects to the City. f. In the event of termination, CONSULTANT, upon receipt of the notice of such termination, shall: (1) stop the performance of the Professional Services on the date and to the extent specified in the notice of termination; (2) place no further orders or subcontracts except as may be necessary for completion of any portion(s) of the Professional Services not terminated and as authorized by the written notice; (3) terminate all orders and subcontracts to the extent that they relate to the performance of the Professional Services terminated by the notice of termination; (4) transfer title to the City (to the extent that title has not already been transferred) and deliver according to the manner, at the times, and to the extent directed by the City, all property purchased under this Agreement and reimbursed as direct items of cost and not required for completion of the services not terminated; (5) promptly assemble and deliver as provided above all documents related to this Agreement; (6) promptly complete performance of any Professional Services not terminated by the notice of termination and/or cooperate in transition of its consulting duties to appropriate parties at the direction of the City. g. In the event of termination, the City shall compensate CONSULTANT for all authorized Professional Services satisfactorily performed through the termination date, and for costs incurred, under the payment terms contained in this Agreement. In the event of Termination for Cause, no payments to CONSULTANT shall be made (1) for Professional Services not satisfactorily performed and (2) for assembly of and submittal of documents as required under this Agreement. In no event shall City be obligated to compensate CONSULTANT for lost profits, or any resulting or consequential damages h. In addition to any termination rights stated in this Agreement, CITY shall be entitled to seek any and all available contractual or other remedies available at law or in equity including recovery of costs incurred by CITY due to CONSULTANT’s failure to comply with any term(s) of this Agreement. i. Surviving Provisions. It is agreed that the indemnity provisions, insurance provisions, the right to audit, governing law, and litigation, and all covenants, agreements, and representations made in this Agreement or otherwise made in writing by CONSULTANT, including but not limited to any representations made relating to disclosure or ownership of documents, shall survive the expiration or termination of this Agreement. n. Default of Contract & Remedies. a. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. b. Correction of Work. If, in the judgment of CITY, work provided by CONSULTANT does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONSULTANT 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. Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONSULTANT : I. The abandonment of the project by CONSULTANT for a period of more than seven (7) business days. 659 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 259 II. The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY’s designee. III. The failure by CONSULTANT to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONSULTANT, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to CONSULTANT; provided, however, that if the nature of CONSULTANT 's default is such that more than seven (7) days are reasonably required for its cure, then CONSULTANT shall not be deemed to be in default if CONSULTANT commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. IV. The assignment and/or transfer of this Agreement or execution or attachment thereon by CONSULTANT or any other party in a manner not expressly permitted hereunder. V. The making by CONSULTANT of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONSULTANT of a petition to have CONSULTANT adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against CONSULTANT, the same is dismissed within sixty (60) calendar days); or the appointment of a trustee or a receiver to take possession of substantially all of CONSULTANT's assets, or for CONSULTANT 's interest in this Agreement, where possession is not restored to CONSULTANT within thirty (30) calendar days; for attachment, execution or other judicial seizure of substantially all of CONSULTANT 's assets, or for CONSULTANT 's interest in this Agreement, where such seizure is not discharged within thirty (30) calendar days. d. Remedies in Default. In case of default by CONSULTANT, CITY shall notify CONSULTANT, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONSULTANT to comply with all provisions of the Agreement. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) business days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONSULTANT of such declaration of default and terminate the Agreement in accordance with the Termination section set forth above. o. Uncontrollable Forces. a. Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term “Uncontrollable Forces” shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. b. 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. 660 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 260 p. Notices. All written notices, demands, and other communications required or provided for under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid, in the case of mailing, or by overnight or same day courier, or by electronic transmission producing a written record, or hand delivered to the appropriate parties at the addresses(es) listed below. 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 CONSULTANT shall be sent to the following address: ATTN: Address: Phone: Email: q. Public Records. The CONSULTANT shall comply with Florida’s Public records Law. Specifically, the CONSULTANT shall: a. Keep and maintain public records required by the CITY to perform the service; b. Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY; and d. Upon completion of the contract, CONSULTANT shall transfer to the CITY, at no cost to the CITY, all public records in CONSULTANT’S possession. All records stored electronically by CONSULTANT must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. e. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’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 661 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 261 TELEPHONE: 561-742-6060 CityClerk@bbfl.us r. Time of Essence. Time shall be of the essence for each and every provision of this Agreement. s. E-Verify . CONSULTANT is used interchangeably with CONTRACTOR throughout this Section. CONSULTANT certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. A. Definitions for this Section: i. “Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. “Contractor” includes, but is not limited to, a vendor or consultant. ii. “Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. iii. “E-Verify system” means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. B. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-Verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; ii. 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 iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. t. Public Entity Crime Act 287.133. CONSULTANT represents that the execution of this Agreement will not violate Section 287.133, Florida Statutes and certifies that CONSULTANT and any parent corporations, affiliates, subsidiaries, members, shareholders, partners, 662 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 262 officers, directors or executives, and any sub-consultants have not been placed on the Convicted CONSULTANT List maintained by the State of Florida within 36 months prior to the submittal of the Proposal to under this RFQ. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. u. Scrutinized Companies 287.135 and 215.473. CONSULTANT certifies that CONSULTANT is not participating in a boycott of Israel. CONSULTANT further certifies that CONSULTANT is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONSULTANT been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to CONSULTANT of the City's determination concerning the false certification. CONSULTANT shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONSULTANT shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONSULTANT does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. v. Sovereign Immunity. The CITY is a political subdivision of the State of Florida. Nothing in this Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida statute, as may be amended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to ensure CITY of the limitation from liability provided to any successor statute thereof. w. Assignment. No assignment by a party hereto of any rights under or interests in this Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. x. Binding Authority. CITY and CONSULTANT represent that they have the full power and authority to enter into and fully perform their obligations under this Agreement, and each bind itself, their partners, successors, assigns, and legal representatives to the other party hereto, their partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in this Agreement. y. Attorney’s Fees and Costs. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. z. Protection of City Property. At all times during the performance of this Agreement, CONSULTANT shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. aa. Performance of Government Functions. Notwithstanding anything in this Agreement to the contrary, nothing contained in this Agreement shall in any way stop, limit, or impair the City of Boynton Beach from exercising or performing any regulatory, policing, legislative, governmental, or other powers or functions with respect to any project. 663 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 263 bb. Compliance with Laws. It shall be the CONSULTANT’s responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable to the Professional Services. cc. No Third-Party Beneficiaries. No provision of this Agreement is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity, not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or CONSULTANT. dd. Severability. In the event that any term or provision of this Agreement shall to any extent be held invalid or unenforceable, it is agreed that 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 maximum extent permitted by law. ee. Litigation; Governing Law; Venue. This Agreement shall be construed and interpreted, and the rights of the parties hereto determined, in accordance with Florida law without regard to conflicts of law provisions. The City and CONSULTANT submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be exclusively in Palm Beach County, Florida, or the Federal Southern District of Florida. CONSULTANT agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. ff. Integrated Agreement. This Agreement represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be the final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation, and the CONSULTANT’s bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. gg. Effective Date and Execution. This Agreement will take effect on the Effective Date. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. ARTICLE 9 - FEDERAL REQUIREMENTS. Notwithstanding anything to the contrary set forth herein, CONSULTANT shall comply with all applicable federally required standard provisions, whether set forth herein below, in 2 CFR Part 200, or otherwise. Any reference made to CONSULTANT in this section shall also apply to any subcontractor under the terms of this Agreement. 9.1 Equal Employment Opportunity. During the performance of this contract, CONSULTANT agrees as follows: A. CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in 664 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 264 conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. B. CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. C. CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with CONSULTANT 's legal duty to furnish information. D. CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of CONSULTANT 's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. F. CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of CONSULTANT 's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated or suspended in whole or in part and CONSULTANT may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. H. CONSULTANT will include the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or CONSULTANT. CONSULTANT will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or CONSULTANT as a result of such direction, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 665 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 265 The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the CITY so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The CITY further agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the CITY under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such CITY; and refer the case to the Department of Justice for appropriate legal proceedings. 9.2 Davis-Bacon Act. CONSULTANT shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a- 7) as supplemented by Department of Labor Regulations (29 CFR Part 5). In accordance with the statute, CONSULTANT must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONSULTANT must be required to pay wages not less than once a week. 9.3 Copeland “Anti-Kickback” Act. CONSULTANT shall comply with the Copeland “Anti-Kickback” Act, (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). CONSULTANT must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. CITY must report all suspected or reported violations to the Federal awarding agency. 9.4 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708). Where applicable, pursuant to 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5) CONSULTANT must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 666 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 266 B Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (A) of this section the CONSULTANT and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (A) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (A) of this section. C. Withholding for unpaid wages and liquidated damages. CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by CONSULTANT or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (26.4.2) of this section. D. Subcontracts. CONSULTANT or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (A) through (D) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (A) through (D) of this section. 9.5 CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251- 1387). CITY will report violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). A. Clean Air Act. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. CONSULTANT agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. CONSULTANT agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. B. Federal Water Pollution Control Act. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. CONSULTANT agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. CONSULTANT agrees to include these requirements in each subcontract exceeding one hundred fifty thousand dollars ($150,000) financed in whole or in part with Federal assistance. 9.6 Suspension and Debarment. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000, as such CONSULTANT is required to verify that none of the CONSULTANT’s agents, principals (defined at 2 C.F.R. § 180.995), or affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 667 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 267 180.935). A. CONSULTANT must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by CITY. If it is later determined that CONSULTANT did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to State and CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. B. The CONSULTANT or Offeror agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The CONSULTANT or Offeror further agrees to include a provision requiring such compliance in its lower tier covered transactions. 9.7 Byrd Anti-Lobbying Amendment, as amended (31 U.S.C. § 1352). CONSULTANT shall file the required certification pursuant to 31 U.S.C. 1352. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 9.8 Compliance with State Energy Policy and Conservation Act. CONSULTANT 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). 9.9 Procurement of Recovered Materials. The CITY and CONSULTANT must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 9.10 Reporting. Pursuant to 44 CFR 13.36(i)(7), CONSULTANT shall comply with federal requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41, if applicable. Furthermore, both parties shall provide the FEMA Administrator, U.S. DOT Administrator, the Comptroller General of the United States, or any of their authorized representative access to any books, documents, papers, and records of CONSULTANT which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. Also, both Parties agree to provide FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Agreement. 9.11 Rights to Inventions. CONSULTANT agrees that if this Agreement results in any copyrightable materials or inventions, the Federal Government reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use the copyright of said materials or inventions for Federal Government purposes. 9.12 No Obligation by the Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 668 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 268 9.13 Department of Homeland Security (DHS) Seal, Logo, and Flags. CONSULTANT shall not use DHS(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific federal pre-approval. 9.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that federal financial assistance will be used to fund the Agreement only. CONSULTANT will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives. 9.15 Fraudulent Statements. CONSULTANT acknowledges that 31 U.S.C. Chap. 38 applies to CONSULTANT’s actions pertaining to this Agreement. 9.16 Prohibition on Contracting for Covered Telecommunications Equipment or Services. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause. A. Prohibitions. i. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. ii. Unless an exception in paragraph (B) of this clause applies, the CONSULTANT and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: a. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; c. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or d. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. B Exceptions. i. This clause does not prohibit CONSULTANT from providing: (a) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (b) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 669 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 269 ii. By necessary implication and regulation, the prohibitions also do not apply to: (a) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (b) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. C. Reporting requirement. i. In the event CONSULTANT identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (ii) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. ii. The CONSULTANT shall report the following information pursuant to this section: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within ten (10) business days of submitting the information required by this Section: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. The CONSULTANT shall insert the substance of this clause, including this in all subcontracts and other contractual instruments. 9.17 Domestic Preference for Procurements. As appropriate, and to the extent consistent with law, the CONSULTANT 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 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. 9.18 Affirmative Socioeconomic Steps. If subcontracts are to be let, CONSULTANT is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. 9.19 License and Delivery of Works Subject to Copyright and Data Rights. If applicable, the CONSULTANT 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 contract, CONSULTANT 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 670 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 270 video recordings, and architectural works. Upon or before the completion of this contract, CONSULTANT will deliver to the CONSULTANT data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by CONSULTANT. 671 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 271 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ __________________________________ Rebecca Shelton, Mayor (Authorized Official Name), (CONSULTANT) __________________________________ Print Name of Authorized Official __________________________________ Title (Corporate Seal) Attest/Authenticated: _______________________________ Witness _______________________________ Print Name Approved as to Form: ________________________________ Shawna G. Lamb, Office of the City Attorney Attest/Authenticated: _______________________________ Maylee De Jesus, City Clerk 672 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 272 EXHIBIT A FEE SCHEDULE 673 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 273 EXHIBIT B INSURANCE ADVISORY 674 ATTACHMENTS 675 RFQ 25-045Q NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION Insurance Advisory – Attachment A ATTACHMENT “A” 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. 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 DIVISION OF RISK MANAGEMENT 100 E. Ocean Avenue Boynton Beach, Florida 33435 (P): 561-742-6271 | (F): 561-742-6274 www.boynton-beach.org 676 RFQ 25-045Q NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION Insurance Advisory – Attachment A 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 are 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 677 RFQ 25-045Q NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION Insurance Advisory – Attachment A 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 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., Cyber Liability) may be required based upon the type of event, event location, and/or number of participants. Revised 06/17/2025 678 RFQ 25- 045Q NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION Performance Evaluation Form – Attachment B ATTACHMENT “B” SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE (FOR INFORMATIONAL PURPOSES ONLY) Instructions: Performance evaluations may be completed by the Project Manager for the following: (1) all Contracts; (2) all individual Task Orders/Work Orders. Task Orders/Work Orders/Purchase Orders with a term of six (6) months or more at a minimum, the Project Manager shall complete performance evaluations at the mid-point of the project term or at more frequent intervals as required by the Task Order/Work Order/Purchase Order and at the time of Task Order/Work Order/Purchase Order or Contract completion. It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues so that Procurement can assist with efforts to bring performance back to acceptable standards. It is equally important to complete this form whenever any of the performance indicators are either “marginal” or “unsatisfactory” even when this is not within the normal review cycle. In the event the Average Rating Score is “marginal” or “unsatisfactory” even after reasonable efforts have been taken by the City to improve performance, the Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances. When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores (Line 11) for all evaluations completed for the entire term of the Contract, Task Order, and Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance for use in the evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter 119, F.S. Contract/Work Order No. Consultant Evaluation Period Interim Final Project Title If evaluating under a work order contract, specify type Check the appropriate ratings for Lines 1 through 8. Sum the individual ratings, by column, to produce the Individual Column Ratings on Line 9. Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10. Divide the Total Rating Score in Line 10 by the number 8 (the number of performance indicators in Lines 1-8) to produce the Average Rating Score in Line 11. Performance Indicators Rating Unsatisfactory Marginal Satisfactory Very Good Exceptional 1. Planning & Approach 1 2 3 4 5 2. Staff Capability 1 2 3 4 5 3. Staff Effectiveness 1 2 3 4 5 4. Flexibility in Meeting City’s Goals 1 2 3 4 5 5. Promptness of Deliverables/Milestones/Reports 1 2 3 4 5 6. Report and Drawings Quality 1 2 3 4 5 7. Quality of Work Completed 1 2 3 4 5 8. Contract Under or at Budgeted Cost and Invoicing Procedures 1 2 3 4 5 9. Individual Column Rating (Total lines 1-8.) 10. Total Rating Score (Total row 9.) 11. Average Rating Score (Divide line 10 by the number 8.) 679 RFQ 25- 045Q NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION Performance Evaluation Form – Attachment B In Lines 12 through 21, provide any additional detail, as deemed necessary, to support the ratings given in Lines 1 through 8 as well as any additional comments regarding Sub- consultant/sub-Consultant utilization on Line 20. Additional space is available on Line 22 if needed. 1. Current tasks completed and/or deliverables received? If no, reason: Yes No 2. Current work completed ahead/on schedule? If no, number of days late: and reason: Yes No 3. Contract currently under/at budgeted cost? If not at budget, specify amount over $ and reason: Yes No 4. Consultant strengths: 5. Consultant weaknesses: 6. Specific problems incurred: 7. How may these have been prevented? 8. Additional comments/recommendations: 9. Comments on sub-Consultant utilization: 10. Currently recommend firm for future contracts, task orders, and/or work orders of this type? If “No” or “Possibly”, an explanation must be Yes Project Manager (sign) Date Department Administrator (sign) Date No 11. Please indicate any additional comments corresponding to Performance Indicators (Lines 1-8) on Page 1 – explain marginal/unsatisfactory performance; if either “No” or “Possibly” apply to Question 21, an explanation must be provided here. Additional sheets may be attached if necessary. Number Remarks # # CONTRACT REVIEW/PROCUREMENT USE ONLY Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2: Number Remarks # # Evaluation Number/Score: Comments: Running Average Score: Procurement Representative (sign) Date Other Required Approval (sign) Date 680 City of Boynton Beach Agenda Item Request Form 7.C Consent Bids and Purchases 01/20/2026 Meeting Date: 01/20/2026 Proposed Resolution No. R26-010- Award Invitation to Bid No. 25-082B, Sanitary Sewer Gravity Main- CIPP Project, to Cobra Environmental, Inc., and approve the Agreement between the City and Cobra Environmental, Inc. in the amount of $599,565, plus an additional 10% contingency in the amount of $59,956.50 for staff-authorized change orders to address unforeseen conditions, bringing the total not-to-exceed contract and purchase order amount to $659,521.50. Additionally, approve a budget transfer to allocate sufficient funding for this project. This work will be completed in San Castle, Brighton Lakes, and various locations in the western communities of the City of Boynton Beach. Requested Action: Staff recommends approval of Proposed Resolution No. R26-010. Explanation of Request: The Utilities Department is undertaking the Sanitary Sewer Gravity Main–CIPP Project to rehabilitate aging gravity sewer infrastructure at multiple locations throughout the City using cured-in-place pipe (CIPP) lining technology. This trenchless rehabilitation method extends the service life of existing sewer mains, reduces infiltration and inflow, minimizes surface disruption in residential neighborhoods, and improves overall system reliability. On August 22, 2025, the Procurement Division, in coordination with the Utilities Department, issued Invitation to Bid (ITB) No. 25-082B. The solicitation closed on October 24, 2025, and seven (7) bids were received and publicly opened via the City’s Bids & Tenders e-procurement system. Following a comprehensive review and evaluation, Cobra Environmental, Inc. was determined to be the lowest responsive and responsible bidder with a base bid amount of $599,565.00. The bid includes CIPP lining of approximately 8,920 linear feet of existing 6-inch, 8-inch, 10- inch, and 12-inch gravity sewer mains located in Chapel Hill, San Castle, Brighton Lakes, Heart of Boynton, Rolling Green, and other identified service areas, including all associated cleaning, CCTV inspections, bypass pumping, traffic control, restoration, and incidentals required to complete the work in accordance with the contract documents. 681 City staff recommend approval of the Agreement with Cobra Environmental, Inc., plus a 10% contingency to allow for staff-authorized change orders addressing unforeseen field conditions typical of sewer rehabilitation projects, such as point repairs, access constraints, or unknown pipe conditions. This contingency ensures schedule continuity and minimizes the need for return trips to the City Commission. How will this affect city programs or services? Construction activities will occur within active wastewater collection systems and predominantly within public rights-of-way in residential areas. The Utilities Department will coordinate closely with the contractor to manage temporary bypass pumping, traffic control, and public notifications in accordance with contract requirements. While localized, short-term impacts may occur, this project will significantly reduce the risk of sewer failures, overflows, and emergency repairs, thereby improving the reliability and resiliency of the City’s wastewater collection system. Budgeted Item: Yes Account Line Item and Description: 403-50000-535-65.04- Project SW2507 (Sanitary Sewer CIPP) - $0 Available. 403-5000-535-65.04- Project SW1801- Sewer System Pipes & Manholes R&R- $1,708,008 available in project SW 1801 ($708,008 Roll over funds, + $1,000,000 Adopted 25/26 budget). Fiscal Impact: This project represents a planned capital expenditure within the Utilities Department’s Sewer Rehabilitation and Replacement program. Sufficient funding is available in the adopted CIP budget to support the recommended award. Budget Transfer $659,521.50 from Project SW1801 to Project SW2507. Attachments: R26-010 Agenda_Item_4111-2026_Resolution_for_ITB_Award_and_Agmt_approval (1).docx 25-082B Vendor Executed Agreement.pdf Submission - CobraEnvironmental-25-082B.pdf 25-082B Sanitary Sewer Gravity Main TG 10.17.pdf 25-082B Addenda.pdf Bid Tabulation - Itemized.pdf Compliance - BidAnalysis_25-082B (1).pdf Executed Concurrence Memo.pdf 25-26 GL, Auto, WC, $1M UMB, L&R, Poll - The City of Boynton Beach.pdf Budget Transfer - SW2507 Sanitary Sewer CIPP Executed 12-17-2025.pdf 682 RESOLUTION NO. R26-010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AWARDING INVITATION TO BID NO. 25-082B FOR 2 SANITARY SEWER GRAVITY MAIN-CIPP PROJECT, TO COBRA 3 ENVIRONMENTAL, INC., APPROVING THE CONSTRUCTION 4 AGREEMENT BETWEEN THE CITY AND COBRA ENVIRONMENTAL, 5 INC., IN THE AMOUNT OF $599,565, PLUS AN ADDITIONAL 10% 6 CONTINGENCY IN THE AMOUNT OF $59,956.50 FOR STAFF-7 AUTHORIZED CHANGE ORDERS TO ADDRESS UNFORESEEN 8 CONDITIONS, BRINGING THE TOTAL NOT-TO-EXCEED AMOUNT TO 9 $659,521.50, AND APPROVING A BUDGET TRANSFER TO ALLOCATE 10 SUFFICIENT FUNDING FOR THIS PROJECT; AND FOR ALL OTHER 11 PURPOSES. 12 13 WHEREAS, the City of Boynton Beach's Utilities Department requires cured-in-place 14 piping (CIPP) for sewer infrastructure improvements; and 15 WHEREAS, the City's Utilities Department developed specifications to seek a qualified 16 contractor to provide cured-in-place pipelining installation of existing sanitary sewer pipes and 17 service lateral; and 18 WHEREAS, on August 22, 2025, the Purchasing Division issued an Invitation to Bid (“ITB”) 19 No. 25-082B for the Sanitary Sewer Gravity Main - CIPP Project (the "Project"); and 20 WHEREAS, Cobra Environmental, Inc. (“Contractor”) responded to the ITB by submitting 21 its Bid dated October 24, 2025; and 22 WHEREAS, the City has selected the Contractor to perform construction services related 23 to the Project; and 24 WHEREAS, this work will be completed in the San Castle, Brighton Lakes, and various 25 locations in the western communities of the City of Boynton Beach; and 26 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 27 best interests of the City's citizens and residents to award ITB No. 25-082B for Sanitary Sewer 28 Gravity Main-CIPP Project, to Cobra Environmental, Inc., approve the Construction Agreement 29 between the City and Cobra Environmental, Inc., in the amount of $599,565, plus an additional 30 10% contingency in the amount of $59,956.50 for staff-authorized change orders to address 31 unforeseen conditions, bringing the total not-to-exceed amount to $659,521.50, and approve a 32 budget transfer to allocate sufficient funding for this project. 33 683 RESOLUTION NO. R26-010 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 award ITB No. 25-082B for Sanitary Sewer Gravity Main-CIPP Project, to Cobra Environmental, Inc. 39 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 40 approve a Construction Agreement between the City and Cobra Environmental, Inc., for ITB No. 41 25-082B for Sanitary Sewer Gravity Main-CIPP Project (the “Agreement”), in form and substance 42 similar to that attached as Exhibit A. 43 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 44 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 45 ancillary documents required under the Agreement or necessary to accomplish the purposes of 46 the Agreement, including any term extensions as provided in the Agreement, provided such 47 documents do not modify the financial terms or material terms. 48 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record 49 of the City. A copy of the fully executed Agreement shall be provided to Andrew Rozwadowski 50 and Charles Phoenix to forward to the Contractor. 51 SECTION 6. The City Commission of the City of Boynton Beach, Florida, does hereby 52 approve a budget transfer to allocate sufficient funding for this project. 53 SECTION 7. This Resolution shall take effect in accordance with the law. 54 55 [SIGNATURES ON THE FOLLOWING PAGE] 56 57 684 RESOLUTION NO. R26-010 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 58 CITY OF BOYNTON BEACH, FLORIDA 59 YES NO 60 Mayor – Rebecca Shelton _____ _____ 61 62 Vice Mayor – Woodrow L. Hay _____ _____ 63 64 Commissioner – Angela Cruz _____ _____ 65 66 Commissioner – Thomas Turkin _____ _____ 67 68 Commissioner – Aimee Kelley _____ _____ 69 70 VOTE ______ 71 ATTEST: 72 73 _____________________________ ______________________________ 74 Maylee De Jesús, MPA, MMC Rebecca Shelton 75 City Clerk Mayor 76 77 APPROVED AS TO FORM: 78 (Corporate Seal) 79 80 _______________________________ 81 Shawna G. Lamb 82 City Attorney 83 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 25-082B - Sanitary Sewer Gravity Main - CIPP Project Opening Date: August 22, 2025 3:10 PM Closing Date: October 24, 2025 3:00 PM Vendor Details Company Name:Cobra Environmental Inc Does your company conduct business under any other name? If yes, please state: FL Address: 15896 Mellen Ln Jupiter, FL 33478 Contact:Justin Lusk Email:justin@cobraenvironmental.com Phone:561-398-1122 HST#:26-4468336 Submission Details Created On:Thursday September 25, 2025 09:05:47 Submitted On:Thursday October 23, 2025 06:47:08 Submitted By:Justin Lusk Email:justin@cobraenvironmental.com Transaction #:0b758d6b-b3a0-48c8-bee9-76facf918727 Submitter's IP Address:147.243.183.45 Bid Number: 25-082B Vendor Name: Cobra Environmental Inc 714 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 IN-1 Indemnification 1 Lump Sum $25.0000 $ 25.00 Subtotal:$ 25.00 Bid Number: 25-082B Vendor Name: Cobra Environmental Inc 715 General Conditions Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. Item No.Description Quantity Unit Unit Price *Total GC-1 Mobilization/Demobilization, Bonds,  Insurance, Permits 1 LS $20,000.0000 $ 20,000.00 Subtotal:$ 20,000.00 Furnish and Install CIPP Rehabilitation Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. Item No.Description Quantity Unit Unit Price *Total A-1 6" Diameter - Sanitary Sewer 6.0 mm normal thickness (.236) 730 LF $46.0000 $ 33,580.00 B-1 8" Diameter - Sanitary Sewer 6.0 mm normal thickness (.236) 6700 LF $50.0000 $ 335,000.00 C-1 10" Diameter - Sanitary Sewer 6.0 mm normal thickness (.236) 580 LF $53.0000 $ 30,740.00 D-1 12" Diameter - Sanitary Sewer 6.0 mm normal thickness (.236) 910 LF $57.0000 $ 51,870.00 Subtotal:$ 451,190.00 Bid Number: 25-082B Vendor Name: Cobra Environmental Inc 716 Cleaning and Inspection Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. Item No.Description Quantity Unit Unit Price *Total E-1 Light Cleaning and Inspection - 0% to 9% or  LESS ACCUMULATE DEBRIS 6" Diameter 730 LF $2.2500 $ 1,642.50 E-2 Light Cleaning and Inspection - 0% to 9% or  LESS ACCUMULATE DEBRIS 8" Diameter 6700 LF $3.2500 $ 21,775.00 E-3 Light Cleaning and Inspection - 0% to 9% or  LESS ACCUMULATE DEBRIS 10" Diameter 580 LF $3.2500 $ 1,885.00 E-4 Light Cleaning and Inspection - 0% to 9% or  LESS ACCUMULATE DEBRIS 12" Diameter 910 LF $3.2500 $ 2,957.50 F-1 Medium Cleaning and Inspection - 10% to 29%  ACCUMULATED DEBRIS 6" Diameter 700 LF $2.2500 $ 1,575.00 F-2 Medium Cleaning and Inspection - 10% to 29%  ACCUMULATED DEBRIS 8" Diameter 5500 LF $3.2500 $ 17,875.00 F-3 Medium Cleaning and Inspection - 10% to 29%  ACCUMULATED DEBRIS 10" Diameter 500 LF $3.2500 $ 1,625.00 F-4 Medium Cleaning and Inspection - 10% to 29%  ACCUMULATED DEBRIS 12" Diameter 910 LF $3.2500 $ 2,957.50 G-1 Heavy Cleaning and Inspection - 30% or  Greater ACCUMULATED DEBRIS 6" Diameter 700 LF $2.2500 $ 1,575.00 G-2 Heavy Cleaning and Inspection - 30% or  Greater ACCUMULATED DEBRIS 8" Diameter 6000 LF $3.2500 $ 19,500.00 G-3 Heavy Cleaning and Inspection - 30% or  Greater ACCUMULATED DEBRIS 10" Diameter 500 LF $3.2500 $ 1,625.00 G-4 Heavy Cleaning and Inspection - 30% or  Greater ACCUMULATED DEBRIS 12" Diameter 910 LF $3.2500 $ 2,957.50 H-1 Specialty Cleaning - Removal of Hardened  Debris, Roots, Grease, Clarification, and  Tuberculation 6" Diameter 700 LF $3.2500 $ 2,275.00 H-2 Specialty Cleaning - Removal of Hardened  Debris, Roots, Grease, Clarification, and  Tuberculation 8" Diameter 6000 LF $3.7500 $ 22,500.00 H-3 Specialty Cleaning - Removal of Hardened  Debris, Roots, Grease, Clarification, and  Tuberculation 10" Diameter 500 LF $4.2500 $ 2,125.00 H-4 Specialty Cleaning - Removal of Hardened  Debris, Roots, Grease, Clarification, and  Tuberculation 12" Diameter 800 LF $5.0000 $ 4,000.00 Subtotal:$ 108,850.00 Bid Number: 25-082B Vendor Name: Cobra Environmental Inc 717 Ancillary Services Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. Item No.Description Quantity Unit Unit Price *Total I-1 Bypass Pumping Setup 15 DAY $100.0000 $ 1,500.00 I-2 Traffic Control - City Right of Way 15 DAY $1,200.0000 $ 18,000.00 Subtotal:$ 19,500.00 Summary Table Bid Form Amount Indemnification $ 25.00 General Conditions $ 20,000.00 Furnish and Install CIPP Rehabilitation $ 451,190.00 Cleaning and Inspection $ 108,850.00 Ancillary Services $ 19,500.00 Subtotal Contract Amount:$ 599,565.00 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 Cobra Environmental Inc 2 Address 15896 Mellen Ln. 3 Telephone 561-398-1122 4 City Jupiter 5 State Florida 6 Zip Code 33478 7 Contractor's License  Number CUC1226434 8 Federal Tax ID Number 26-4468336 9 Email address for above  signer Justin@CEFL.co 10 Indicate which type of  organization from the list  in the Options Column S-Corp Corporation Bid Number: 25-082B Vendor Name: Cobra Environmental Inc 718 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? 10 Years 2 If Vendor is operating under Fictitious Name, submit  evidence of compliance with Florida Fictitious Name  Statute. NA 3 Under what former name (s) had your business  operated? Also list former address(es) of that  business, if any. American Rooter Plumbing & Cobra Jet Drain Cleaning Company Inc 13475 150th Ct N. Jupiter, Fl 33478 6671 W. Indiantown Rd. Ste 50-253 Jupiter, Fl 33458 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: 25-082B Vendor Name: Cobra Environmental Inc 719 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: 25-082B Vendor Name: Cobra Environmental Inc 720 FIRM'S PRIMARY OWNERSHIP Line Item Description Response * 1 Does your firm employ more than 50 persons (including full-time and part-time  employees) No 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? No 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 Boca Raton 1401 Glades Rd. Boca Raton FL 33431 Benjamin Kisielewski 561-289-0733 bkisielew@myboca.us 2 City of Bartow 300 E Church St  Bartow, FL 33830 Corbett Watson 863-209-5297 cwatson.pw@cityofbartow. net 3 City of Pinellas Park 6250 82nd Avenue North Pinellas Park, FL   33781 Ryan Mendrala 727-369-5623 rmendrala@pinellas- park.com 4 City of Riviera Beach 800 West Blue Heron  blvd.  Riviera Beach FL 33404 Joseph Jackson 561-543-5409 JJackson@rivierabeach.o rg 5 Baxter & Woodman 477 S Rosemary, Ste  228,W Palm Beach, FL  33401 Rick Adams 561-351-3451 RAdams@baxterwoodma n.com Bid Number: 25-082B Vendor Name: Cobra Environmental Inc 721 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 Number: 25-082B Vendor Name: Cobra Environmental Inc 722 Non Collusive Affidavit & Acknowledgement - Non Collusion Affidavit Signed.pdf - Sunday October 12, 2025 10:17:43 Scrutinized Companies and E-Verify Affidavits - Scrutinized Company and E Verify.pdf - Sunday October 12, 2025 10:16:26 Bid Bond and Bid Bond Acknowledgement - Bid Bond PKG.pdf - Sunday October 12, 2025 10:18:55 Foreign Entity Ownership Affidavit & Anti Human Trafficking Affidavit - Foreign Entity Affidavit.pdf - Sunday October 12, 2025 10:19:22 Litigation and Legal History Disclosure Requirement & Litigation History Form - Anti Human Trafficking.pdf - Sunday October 12, 2025 10:19:35 Proof of State Certified or County Competency Licenses - license8907176.pdf - Tuesday September 30, 2025 12:28:42 Florida State Business Registration - Sunbiz .pdf - Thursday September 25, 2025 11:30:32 Certificate of Insurance - COI.pdf - Tuesday September 30, 2025 14:05:43 IRS Form W-9 - fw9 2025.pdf - Thursday September 25, 2025 11:24:04 Anti Kickback Affidavit & Trench Safety Act Affidavit - Anit Kickback and Trench Safety.pdf - Sunday October 12, 2025 10:21:54 Additional Document (optional) Bid Number: 25-082B Vendor Name: Cobra Environmental Inc 723 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: 25-082B Vendor Name: Cobra Environmental Inc 724 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: 25-082B Vendor Name: Cobra Environmental Inc 725 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: 25-082B Vendor Name: Cobra Environmental Inc 726 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. - Justin Lusk, President, Cobra Environmental 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: 25-082B Vendor Name: Cobra Environmental Inc 727 File Name I have reviewed the below addendum and attachments (if applicable) Pages Addendum No. 7 - Sanitary Sewer Gravity Main - CIPP Project Fri October 17 2025 02:53 PM 166 Addendum No. 6 - Sanitary Sewer Gravity Main - CIPP Project Mon October 13 2025 12:09 PM 1 Addendum No. 5 - Sanitary Sewer Gravity Main - CIPP Project Thu October 2 2025 03:22 PM 32 Addendum No. 4 - Sanitary Sewer Gravity Main - CIPP Project Fri September 26 2025 11:22 AM 1 Addendum No. 3 - Sanitary Sewer Gravity Main - CIPP Project Mon September 22 2025 11:04 AM 1 Addendum No. 2 - Sanitary Sewer Gravity Main - CIPP Project Tue September 9 2025 08:29 AM 18 Addendum No. 1 - Sanitary Sewer Gravity Main - CIPP Project Thu September 4 2025 01:21 PM 1 Bid Number: 25-082B Vendor Name: Cobra Environmental Inc 728 Cobra Environmental Inc 15896 Mellen Ln Jupiter FL 33478 561-398-1122 Justin@CEFL.co 729 Cobra Environmental Inc 15896 Mellen Ln Jupiter FL 33478 Cobra Environmental has successfully completed cipp projects for multiple municipalities and private communities totaling over 1,500,000 Linear feet installed. Below are just a few. •City of Boca Raton FL •City of Boynton Beach FL •City of Oakland Park FL •City of Ft Lauderdale FL •Broward County Utilites •District 5 FDOT Volusia County •District 5 FDOT New Smyrna •FDOT District 7 Bradenton •Collier County Public Works •City of Edgewater •City of Ft Pierce •BNSF Railroad Lincoln Nebraska •Nettles Island, Jensen Beach •Holiday Out, Jensen Beach FL •Natalie Estates Stuart FL •City of Riviera Beach FL •City of Plantation FL •City of Bal Harbor FL •City of Miami Beach FL •St Lucie County FL •City of Jacksonville FL •City of Orlando FL •City of Wildwood FL •City of Bartow FL •City of Lakeland •City of Tampa •Orlando International Airport •Town of Davie FL •City of Ft Meyers FL •City of Pembroke Pines FL •City of Delray Beach FL •City of Tampa FL •Broward County Treatment Plant •City of Pinellas Park FL 10/31/2025 Justin Lusk President Cobra Environmental Inc 730 September 20, 2017 RE: COBRA ENVIRONMENTAL – CERTIFIED INSTALLER OF MTUBE® To Whom It May Concern, I am writing this letter on behalf of Manufactured Technologies Corporation, an AEGION company, to confirm that our organization is in its 12th year of operation as a material supplier for the cured-in-place pipe (CIPP) industry. Since our inception, we have supplied more than 10 million linear feet of coated felt tube to certified installers across North America such as Cobra Environmental of 15896 Mellen Ln, Jupiter, FL 33458 and we are proud to call them our customer. If you should have any additional questions, please do not hesitate to contact me at your convenience. I am available at (636) 530-3355 or mwetzel@aegion.com. Best regards, Mark Wetzel Senior Director, MTC DISCLAIMER OF WARRANTY: AS INSTALLATION CONDITIONS (INCLUDING, AMONG OTHERS, PIPE TYPE & CONDITION, GROUNDWATER DEPTH & TEMPERATURE, DEPTH OF COVER & SOIL TYPE, LIVE LOADS, SITE ACCESS AND WEATHER) AND INSTALLER EXPERIENCE, TECHNIQUES AND TYPE OF EQUIPMENT VARY GREATLY, MTC EXCLUDES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD HEREUNDER AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR USE OR ANY OTHER MATTER WITH RESPECT TO THE GOODS WHETHER USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS. MTC HAS NOT PROVIDED ANY DESIGN SPECIFICATIONS OR COMPUTATIONS, AND ACCORDINGLY, MTC DOES NOT WARRANT THE DESIGN. Manufactured Technologies Corporation 17988 Edison Avenue ▪ St. Louis, MO 63005 (636) 530-3330 ▪ manufacturedtechnologies.com 731 Matt Linton NOF-1750356929-2409-114736 06/19/2025 06/19/2027 NOF-1750356929-2409-114736 06/19/2025 06/19/2027 Matt Linton 732 733 Total Days Start Yes Finish Original Final Yes PROJECT NAME: COBRA JOB #: OWNER: Contact: Address PH # FX # Email Duration: Schedule Compliance: Cost: Budget Compliance: Project Description: Project Construction - Reference CITY OF BARTOW 2022 Collection System Rehabilitation 2022-090 City of Bartow As Sub for Envirowaste Services Group Corbet Watson Assistant Public Works Director 863-534-7088 cwatson.pw@cityofbartow.net 3 $ Pre-Clean and cctv 8" & 10" 25,000LF of Sanitary Sewer pipe. Install CIPP in sanitary sewer and reconnect laterals internally. Provide post installation inspection videos to the client. Project manager-Kasey Downey Project Superintendents - Matthew Linton & Justin Downey Ongoing MSA February 2022 734 Total Days Start Yes Finish Original Final Yes PROJECT NAME: COBRA JOB #: OWNER: Contact: Address PH # FX # Email Duration: Schedule Compliance: Cost: Budget Compliance: Project Description: Key Project Personnel: Project Construction - Reference City of Boca Raton 2017-004 Wastewater Collection System Rehabilitation CITY OF BOCA RATON FL JIMMY GEORGIEVSKY 1401 GLADES RD BOCA RATON FL 561-239-3061 JGeorgievski@ci.boca-raton.fl.us 50 MAY 12 2018 Ongoing MSA Pre-Clean and cctv 8,10,12,15,18" 312,127LF of Sanitary Sewer pipe. Install CIPP in sanitary sewer and reconnect laterals internally. Provide post installation inspection videos to the client. Group #'s 1-10 Ongoing MSA 735 736 737 738 739 740 741 742 743 744 745 746 747 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 STATUTESLINTON, MATTHEW DONALDDo not alter this document in any form.COBRA ENVIRONMENTAL INCLICENSE NUMBER: CUC1226434EXPIRATION DATE: AUGUST 31, 2026This is your license. It is unlawful for anyone other than the licensee to use this document.15886 MELLEN LANEJUPITER FL 33478Always verify licenses online at MyFloridaLicense.comISSUED: 09/15/2025748 Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Department of State / Division of Corporations / Search Records / Search by Entity Name / Previous On List Next On List Return to List Events Name History cobra environmental Search Detail by Entity Name Florida Profit Corporation COBRA ENVIRONMENTAL INC. Filing Information P09000023404 26-4468336 03/13/2009 FL ACTIVE AMENDMENT 02/06/2020 NONE Principal Address 15896 Mellen Ln Jupiter, FL 33478 Changed: 03/17/2021 Mailing Address 15896 Mellen Ln Jupiter, FL 33478 Changed: 02/11/2025 Registered Agent Name & Address LUSK, JUSTIN A 15896 Mellen Ln Jupiter, FL 33478 Name Changed: 02/06/2020 Address Changed: 03/17/2021 Officer/Director Detail Name & Address Title PST, CEO LUSK, JUSTIN 15896 Mellen Ln Jupiter, FL 33478 Title Officer Downey, Justin 697 SW Kayak St Port St Lucie, FL 34953 Title Secretary Downey, Kasey 697 SW Kayak St Port St Lucie, FL 34953 Annual Reports Report Year Filed Date 2023 01/23/2023 2024 01/12/2024 2025 02/11/2025 Document Images 02/11/2025 -- ANNUAL REPORT View image in PDF format 01/12/2024 -- ANNUAL REPORT View image in PDF format 01/23/2023 -- ANNUAL REPORT View image in PDF format 01/17/2022 -- ANNUAL REPORT View image in PDF format 03/17/2021 -- ANNUAL REPORT View image in PDF format 02/06/2020 -- Amendment View image in PDF format 01/14/2020 -- ANNUAL REPORT View image in PDF format 01/14/2019 -- ANNUAL REPORT View image in PDF format 01/16/2018 -- ANNUAL REPORT View image in PDF format 01/11/2017 -- ANNUAL REPORT View image in PDF format 10/27/2016 -- Amendment View image in PDF format 08/15/2016 -- Amendment View image in PDF format 01/15/2016 -- ANNUAL REPORT View image in PDF format 01/26/2015 -- Name Change View image in PDF format 01/06/2015 -- ANNUAL REPORT View image in PDF format 09/15/2014 -- Amendment View image in PDF format 02/28/2014 -- ANNUAL REPORT View image in PDF format 01/29/2013 -- ANNUAL REPORT View image in PDF format 02/09/2012 -- ANNUAL REPORT View image in PDF format 01/19/2011 -- REINSTATEMENT View image in PDF format 03/13/2009 -- Domestic Profit View image in PDF format Previous On List Next On List Return to List Events Name History cobra environmental Search Florida Department of State, Division of Corporations D IVISION OF CORPORATIONSFlorida Department of State 749 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 9/30/2025 (248) 278-8067 35289 Cobra Environmental Inc 6671 West Indiantown Road, Suite 50- 253 Jupiter, FL 33458 20478 36056 A 1,000,000 X 6076477778 2/28/2025 2/28/2026 100,000 Contractual 15,000 X, C, & U 1,000,000 2,000,000 2,000,000 1,000,000B X 6076477750 2/28/2025 2/28/2026 1,000,000A X 6076477800 2/28/2025 2/28/2026 1,000,000 0 B X 6076477795 2/28/2025 2/28/2026 500,000 N 500,000 500,000 A L&R Equip 6076477778 2/28/2025 $100,000 C Pollution Liability NY25ECPX00479NC 2/28/2025 2/28/2026 $1M/$2M City of Boynton Beach is additional insured for general liability, automobile liability and umbrella liability as respects to work performed by the named insured under written contract. Coverage is primary and non-contributory. A waiver of subrogation applies for workers compensation coverage in favor of the additional insured 30 day notice of cancellation applies, 10 days for non-payment of premium City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave. Boynton Beach, FL 33435 COBRENV-01 CEMERY Zervos Insurety Services 4443 Lyons Road, Suite D-212 Coconut Creek, FL 33073 Angelo Zervos Angelo@zervosins.com Continental Insurance Company National Fire Insurance Hartford Navigators Specialty Insurance Company X 2/28/2026 X X X X X X X X X X X 750 Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ▶ Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. COBRA ENVIRONMENTAL INC 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Exempt payee code (if any) Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) ▶ Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 15896 Mellen LN 6 City, state, and ZIP code JUPITER FL 33478 7 List account number(s) here (optional) Requester’s name and address (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. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number – – or 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. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. •Form 1099-INT (interest earned or paid) •Form 1099-DIV (dividends, including those from stocks or mutual funds) •Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) •Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) •Form 1099-S (proceeds from real estate transactions) •Form 1099-K (merchant card and third party network transactions) •Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) •Form 1099-C (canceled debt) •Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018)Print or type. See Specific Instructions on page 3. Employer identification number 2 6 – 4 4 6 8 3 3 6 X 01/01/2025 751 752 753 LITIGATION AND LEGAL HISTORY DISCLOSURE REQUIREMENT A. Scope of Disclosure All Proposers must disclose all “material” litigation, claims, legal proceedings, or cases—whether filed, pending, or resolved—during the last five (5) years prior to the solicitation response due date. This requirement applies to: 1.The proposing firm/entity 2.Any parent company, subsidiary, or predecessor organization of the Proposer 3.All principals, owners, officers, directors, or partners of the Proposer 4.Any proposed subcontractors or subconsultants who will perform work under this contract 5.All companies in which the Proposer, or any principal/officer/director thereof, has held an ownership interest or has been listed as a Registered Agent or Officer/Director in the Florida Division of Corporations (SUNBIZ) B. Definition of “Material” Cases A case is considered “material” if it relates, in whole or in part, to any of the following: 1.A similar type of work that the Proposer is seeking to perform for the City under this solicitation 2.An allegation of fraud, negligence, errors and omissions, malpractice, or breach of fiduciary duty against the Proposer or any of its principals or agents who would be performing work under this solicitation 3.The Proposer’s default, termination, suspension, failure to perform, or improper performance in connection with any public or private contract 4.The financial condition of the Proposer, including any bankruptcy petition (voluntary or involuntary), receivership, or insolvency proceedings 5.Any criminal proceeding or administrative hearing concerning business-related offenses in which the Proposer or its principals (including officers and directors) were/are defendants or respondents 6.Any cases involving the City of Boynton Beach and Proposer, its principals or agents, or any of the Proposer’s proposed subcontractors or subconsultants C. Entity Identification Requirements For the Proposer and each affiliated entity subject to disclosure under Section A above, provide the following information: 1.Company Legal Name 2.Florida Division of Corporations Document Number (SUNBIZ) 3.Federal Employer Identification Number (FEI/EIN) 4.Authorized Persons: Full names and titles of all corporate officers and directors, including President (P), Vice-President (V), Director (D), Trustee (TR), Chairman or Chief Executive Officer (CEO), Secretary (S), and Treasurer (T). If any individual holds multiple positions, indicate each title. Include all surnames and married names for accurate identification. 754 5.Copies of all Amendments filed with the Florida Division of Corporations (SUNBIZ) reflecting any changes in officers, registered agent, or other material changes 6.Current SUNBIZ Status (must be “Active”) 7.Principal Business Address 8.Mailing Address (if different) 9.Registered Agent Name and Address D. Litigation Disclosure Requirements For each material case identified under Section B, the Proposer must provide the following information using the Litigation History Form attached: 1.Party name(s) and relationship to Proposer 2.Case number, case name, and date filed 3.Name of court or administrative tribunal and jurisdiction 4.Type of case (bankruptcy, civil, criminal, administrative) 5.Nature of the dispute or allegations 6.Current status or final disposition 7.Copy of any judgment, settlement agreement, or final order Confidentiality: Redactions of confidential portions of settlement agreements are permitted only upon certification by the Proposer that such redactions are required under the express terms of a pre-existing confidentiality agreement or provision. E. Joint Ventures and Subcontractors 1.If the Proposer is a joint venture, the disclosure requirements apply to the joint venture entity and each constituent member of the joint venture. 2.The Proposer must disclose any and all material cases that exist between the City of Boynton Beach and Proposer, its principals or agents, or any proposed subcontractors or subconsultants during the last five (5) years. F. Compliance and Verification 1.The City reserves the right to audit and verify SUNBIZ records, court records, and other public filings to confirm compliance with this requirement. 2.All information will be verified by the Procurement Division and presented to the evaluation committee as part of the evaluation process. 3.The City will consider a Proposer’s litigation history in its review and determination of responsibility. 4.The entity MUST maintain “Active” status in SUNBIZ to be eligible for contract award. G. Consequences of Non-Disclosure 1.Failure to disclose any material case as defined herein, or failure to identify all affiliated entities and provide all requested information, may result in the Proposer being deemed non-responsive and disqualified from consideration. 755 2.Discovery of any omission, incomplete disclosure, or misrepresentation after contract award may result in immediate contract termination and/or pursuit of other legal remedies available to the City. 3.All disclosures and any omissions will be presented to and reviewed by the evaluation committee. H. Timing of Submission The completed Litigation History Form(s) must be submitted with the Proposer’s initial response. If not included with the initial submittal, the Proposer must provide the completed form(s) within three (3) business days of the City’s request. Failure to comply within the stated timeframe may result in the Proposer being deemed non-responsive. CERTIFICATION STATEMENT By signing below, the undersigned affirms under penalty of perjury that: 1.All information provided in response to this Litigation and Legal History Disclosure Requirement is true, complete, and accurate to the best of their knowledge. 2.The undersigned has disclosed all material cases and all affiliated entities as defined in this requirement. 3.The undersigned has disclosed all companies in which they, or any partner, principal, officer, or director of the proposing entity, have held ownership interest or have been listed as a Registered Agent or Officer/Director in the State of Florida (SUNBIZ) during the applicable disclosure period. 4.The undersigned understands that failure to fully disclose such information, or the discovery of any omission or misrepresentation, may result in immediate disqualification, contract termination, and/or other remedies as determined by the City. ☐There are no material cases to disclose for this Proposer. ☐Material case(s) are disclosed in the attached Litigation History Form(s). Authorized Signature: ___________________________________________ Printed Name: ___________________________________________ Title: ___________________________________________ Date: ___________________________________________ Justin Lusk President 11/03/2025 756 CITY OF BOYNTON BEACH LITIGATION HISTORY FORM INSTRUCTIONS: The completed form(s) must be returned with the Proposer's submittal. If not provided with the submittal, the Proposer must submit within three (3) business days of the City's request. Proposer may be deemed non-responsive for failure to fully comply within stated timeframes. Complete one form for each material case. Attach additional forms as necessary. ________________________________________________________________________________ DISCLOSURE STATEMENT (check one): ☐There are no material cases for this Proposer; OR☐Material Case(s) are disclosed below and on attached forms ________________________________________________________________________________ PROPOSER INFORMATION: Proposer Legal Name: _________________________________________________________ Florida Division of Corporations Document Number (SUNBIZ): _____________________ Federal Employer Identification Number (FEI/EIN): ________________________________ Is this for a: (check type) If Yes, name of Parent/Subsidiary/Related Entity/Predecessor: ☐ Parent, ☐ Subsidiary, ☐ Other Related Entity, or ☐Predecessor Firm? Or No ☐ Party Case Number, Name, and Date Filed Name of Court or other tribunal Type of Case Bankruptcy ☐ Civil ☐ Criminal ☐ Administrative/Regulatory ☐ Claim or Cause of Action and Brief description of each Count Brief description of the Subject Matter and Project Involved Disposition of Case Pending ☐ Settled ☐ Dismissed ☐ Relationship to City Solicitation (Attach copy of any applicable Judgment,Settlement Agreement and Satisfaction of Judgment.) Judgment Proposer's Favor ☐ Judgment Against Proposer ☐ If Judgment Against, is Judgment Satisfied? ☐ Yes ☐ No Opposing Counsel Name: Email: Telephone Number: Proposer Name: City of Boynton Beach Procurement Division, Revised: October 2025 COBRA ENVIRONMENTAL INC 26-4468336 P09000023404 757 HOME CONTACT US MY ACCOUNT T H E O F F I C I A L S I T E O F T H E F L O R I D A D E P A R T M E N T O F B U S I N E S S & P R O F E S S I O N A L R E G U L A T I O N ONLINE SERVICES Apply for a License Verify a Licensee View Food & Lodging Inspections File a Complaint Continuing Education Course Search View Application Status Find Exam Information Unlicensed Activity Search AB&T Delinquent Invoice & Activity List Search LICENSEE DETAILS 2:27:29 PM 10/28/2025 Licensee Information Name:LINTON, MATTHEW DONALD (Primary Name) COBRA ENVIRONMENTAL INC (DBA Name) Main Address:13001 40TH LN N WEST PALM BEACH Florida 33411 County:PALM BEACH License Location:15886 MELLEN LANE JUPITER FL 33478 County:PALM BEACH License Information License Type:Certified Underground Utility and Excavation Contractor Rank:Cert Under License Number:CUC1226434 Status:Current,Active Licensure Date:05/22/2025 Expires:08/31/2026 Special Qualifications Qualification Effective Construction Business 09/15/2025 Alternate Names View Related License Information View License Complaint 2601 Blair Stone Road, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. Copyright ©2023 Department of Business and Professional Regulation - State of Florida. Privacy Statement Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 10/28/25, 2:27 PM DBPR - LINTON, MATTHEW DONALD; Doing Business As: COBRA ENVIRONMENTAL INC, Certified Underground Utility and Ex… https://www.myfloridalicense.com/LicenseDetail.asp?SID=&id=D8A4B11C97FCFAC0D623E6C080A37B21 1/2758 © 2025 Mapbox © OpenStreetMap Map based on search tool's full data set. Data refreshes every day at midnight. Color shows Total Hiring Sites by State. Map will act as a filter to the table. Search Filters [Table Only filter - Table data shows records by Last Updated Date in descending order and default filtered to show employers enrolled this year] Last Updated Date Employer Doing Business As Account Status Opted into E-Verify+ Date Enrolled Date Terminated Workforce Size Hiring Site Locations 1/23/2023 Cobra Environmental Inc Cobra Envi..Open No 1/23/2023 5 to 9 FL 1 E-Verify Participating Employer List 1 416,140 E-Verify Hiring Sites © Mapbox © OSM Alaska © Mapbox © OSM Hawaii State/Territory All Industry Type All Date Enrolled [Select last 30 years for all data] 01/01/2023 to 12/31/2025 Business Name [Input Employer's legal name or DBA name] Contains "Cobra Environmental" Account Status Open Terminated Opted into E-Verify+ No Yes Total Records Filtered:1 759 Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / Detail by FEI/EIN Number Florida Profit Corporation COBRA ENVIRONMENTAL INC. Filing Information P09000023404 26-4468336 03/13/2009 FL ACTIVE AMENDMENT 02/06/2020 NONE Principal Address 15896 Mellen Ln Jupiter, FL 33478 Changed: 03/17/2021 Mailing Address 15896 Mellen Ln Jupiter, FL 33478 Changed: 02/11/2025 Registered Agent Name & Address LUSK, JUSTIN A 15896 Mellen Ln Jupiter, FL 33478 Name Changed: 02/06/2020 Address Changed: 03/17/2021 Officer/Director Detail Name & Address Title PST, CEO D i v i s i o n o f C o r p o r at i o n sFlorida Department of State 10/28/25, 2:25 PM Detail by FEI/EIN Number https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNumber&directionType=Initial&searchNameOrder=264468336…1/3760 LUSK, JUSTIN 15896 Mellen Ln Jupiter, FL 33478 Title Officer Downey, Justin 697 SW Kayak St Port St Lucie, FL 34953 Title Secretary Downey, Kasey 697 SW Kayak St Port St Lucie, FL 34953 Annual Reports Report Year Filed Date 2023 01/23/2023 2024 01/12/2024 2025 02/11/2025 Document Images 02/11/2025 -- ANNUAL REPORT View image in PDF format 01/12/2024 -- ANNUAL REPORT View image in PDF format 01/23/2023 -- ANNUAL REPORT View image in PDF format 01/17/2022 -- ANNUAL REPORT View image in PDF format 03/17/2021 -- ANNUAL REPORT View image in PDF format 02/06/2020 -- Amendment View image in PDF format 01/14/2020 -- ANNUAL REPORT View image in PDF format 01/14/2019 -- ANNUAL REPORT View image in PDF format 01/16/2018 -- ANNUAL REPORT View image in PDF format 01/11/2017 -- ANNUAL REPORT View image in PDF format 10/27/2016 -- Amendment View image in PDF format 08/15/2016 -- Amendment View image in PDF format 01/15/2016 -- ANNUAL REPORT View image in PDF format 01/26/2015 -- Name Change View image in PDF format 01/06/2015 -- ANNUAL REPORT View image in PDF format 09/15/2014 -- Amendment View image in PDF format 02/28/2014 -- ANNUAL REPORT View image in PDF format 01/29/2013 -- ANNUAL REPORT View image in PDF format 02/09/2012 -- ANNUAL REPORT View image in PDF format 01/19/2011 -- REINSTATEMENT View image in PDF format 03/13/2009 -- Domestic Profit View image in PDF format 10/28/25, 2:25 PM Detail by FEI/EIN Number https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNumber&directionType=Initial&searchNameOrder=264468336…2/3761 Florida Department of State, Division of Corporations 10/28/25, 2:25 PM Detail by FEI/EIN Number https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNumber&directionType=Initial&searchNameOrder=264468336…3/3762 INVITATION TO BID (ITB) REVISED PUBLISH DATE: August 22, 2025 ADVERTISEMENT DATE: August 22, 2025 NON-MANDATORY PRE-BID MEETING: August 28, 2025 by 10:30 AM QUESTION SUBMISSION DEADLINE: October 3, 2025 by 3:00 PM BID DUE & OPENING DATE: October 24, 2025 by 3:00 PM PRE-BID LOCATION: City of Boynton Beach Room 115 100 E. Ocean Avenue Boynton Beach, FL 33435 SUBMISSIONS: Boynton-beach.bidsandtenders.net Bids&tenders Online Submission Only Bond Requirements: Bid Bond, Payment, and Performance Bonds SANITARY SEWER GRAVITY MAIN – CIPP PROJECT ITB No. 25-082B 763 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 1 INVITATION TO BID SANITARY SEWER GRAVITY MAIN – CIPP PROJECT ITB NO. 25-082B TABLE OF CONTENTS ADVERTISEMENT ...................................................................................................................................................... 5 PURCHASING DIVISION ........................................................................................................................................... 7 SECTION I – INSTRUCTIONS TO BIDDERS – SUBMISSION REQUIREMENTS ............................................... 8 1.0 DEFINITIONS .................................................................................................................................................... 8 “Addenda” ............................................................................................................................................................. 8 “Agreement” .......................................................................................................................................................... 8 “City” or “Owner” ................................................................................................................................................. 8 “Contract Administrator” ....................................................................................................................................... 8 “Contract Documents” ........................................................................................................................................... 8 “Defective” ............................................................................................................................................................ 8 “Effective Date of the Agreement” ........................................................................................................................ 8 “End User (EU)” .................................................................................................................................................... 8 “Interested parties” ................................................................................................................................................ 8 “Notice to Proceed” ............................................................................................................................................... 8 “Online e-procurement system” or “e-procurement system” ................................................................................. 8 “Procurement Services” ......................................................................................................................................... 8 “Bidder/Offeror/Responder” .................................................................................................................................. 8 “Invitation to Bid (ITB) Solicitation” .................................................................................................................... 8 “Sub-Contractor” ................................................................................................................................................... 8 “Responsible Bidder” ............................................................................................................................................ 8 “Responsive Bidder” ............................................................................................................................................. 8 “Successful Bidder" or “Contractor” ..................................................................................................................... 8 “Written Amendment” ........................................................................................................................................... 9 “Unit Price or Hourly Wage Work” ...................................................................................................................... 9 1.1 TYPES OF SOLICITATIONS PROVIDED BY THE CITY ......................................................................... 9 1.2 PRE-BID MEETING ...................................................................................................................................... 9 1.3 ONLINE E-PROCUREMENT SYSTEM SUBMISSION OF THE BID – (bids&tenders) ............................ 9 1.4 EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITE ................................................ 10 1.5 ELIGIBILITY OF BIDDER ......................................................................................................................... 10 1.6 MINIMUM QUALIFICATIONS OF BIDDERS .......................................................................................... 11 1.7 CONTACT INFORMATION AND QUESTIONS....................................................................................... 11 1.8 CLARIFICATIONS, QUESTIONS, AND ADDENDA FOR THIS SOLICITATION ................................ 11 1.9 MISTAKES WITHIN SOLICITATION ....................................................................................................... 12 1.10 SUBMISSION OF THE BID ................................................................................................................... 12 1.11 SOLICITATION FORMS ........................................................................................................................ 13 1.12 BID BOND GUARANTY SUBMITTAL ................................................................................................ 13 764 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 2 1.13 BIDDER'S COMPLIANCE WITH FLORIDA STATUTES AND CITY CODES ................................. 14 1.13.1 ANTI-KICKBACK AFFIDAVIT ........................................................................................................ 14 1.13.2 NON-COLLUSION AFFIDAVIT ....................................................................................................... 14 1.13.3 FOREIGN ENTITY AFFIDAVIT ....................................................................................................... 14 1.13.4 ANTI-HUMAN TRAFFICKING AFFIDAVIT .................................................................................. 15 1.13.5 CONFLICT OF INTEREST ................................................................................................................ 15 1.13.6 E-VERIFY FORM UNDER SECTION 448.095................................................................................. 15 1.13.7 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 ............................................. 16 1.13.8 ANTITRUST CAUSE OF ACTION (Bid Rigging) ............................................................................ 16 1.14 SUB-CONTRACTORS ............................................................................................................................ 16 1.15 ESCALATOR CLAUSE .......................................................................................................................... 16 1.16 EXCEPTIONS BY BIDDER ................................................................................................................... 17 1.17 QUANTITIES .......................................................................................................................................... 17 1.18 BID TABULATION................................................................................................................................. 17 1.19 UNBALANCED BIDS............................................................................................................................. 17 1.20 UNIT PRICES AND ADDITIONAL QUANTITY ................................................................................. 17 1.21 TIE BIDS .................................................................................................................................................. 17 1.22 EXECUTION OF SOLICITATION DOCUMENTS ............................................................................... 18 1.23 SOLICITATION DEADLINE ................................................................................................................. 18 1.24 CITY’S RIGHT TO REJECT BID SUBMITTALS ................................................................................. 18 1.25 DISQUALIFICATION OF BIDDER ....................................................................................................... 19 1.26 NO SUBMITTAL .................................................................................................................................... 19 1.27 INTERPRETATIONS/CONE OF SILENCE/LOBBYING ..................................................................... 19 1.28 TRADE SECRET ..................................................................................................................................... 20 1.29 WITHDRAWAL OF BID ........................................................................................................................ 20 1.30 PROTEST PROCEDURE ........................................................................................................................ 20 1.31 CONFLICT OF INTEREST / GIFT POLICY ......................................................................................... 21 1.32 GIFT POLICY .......................................................................................................................................... 21 1.33 CONFIRMATION OF MINORITY-OWNED BUSINESS ..................................................................... 22 1.34 AWARD OF CONTRACT ...................................................................................................................... 22 1.35 LOCAL BUSINESS PREFERENCE ....................................................................................................... 22 1.36 SAMPLE DRAFT AGREEMENT ........................................................................................................... 22 1.37 SIGNING OF CONTRACT ..................................................................................................................... 23 1.38 PAYMENT AND PERFORMANCE BOND ........................................................................................... 23 1.39 ON PUBLIC ENTITY CRIMES CONVICTED VENDOR LIST ........................................................... 23 1.40 BUSINESS INFORMATION – JOINT VENTURE ................................................................................ 24 1.41 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING ............................................................................................. 24 SECTION II – SPECIAL CONDITIONS ................................................................................................................... 25 2.1 HISTORY AND BACKGROUND OF THE CITY OF BOYNTON BEACH ............................................. 25 2.2 PURPOSE OF PROJECT ............................................................................................................................. 25 765 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 3 2.3 SCOPE AND DESCRIPTION OF WORK ................................................................................................... 25 2.4 GENERAL REQUIREMENTS..................................................................................................................... 25 2.5 LICENSES .................................................................................................................................................... 26 2.6 PROJECT TIMELINE .................................................................................................................................. 26 2.7 ENGINEERS ESTIMATE ............................................................................................................................ 26 2.8 LIQUIDATED DAMAGES .......................................................................................................................... 26 2.9 ENUMERATION OF PRECEDENCE OF BID DOCUMENTS ................................................................. 27 2.10 POST-COMPLETION SITE CLEANUP AND WASTE DISPOSAL .................................................... 27 2.11 PERFORMANCE EVALUATION .......................................................................................................... 27 2.12 U.S. PRODUCED IRON AND STEEL ................................................................................................... 28 2.13 INTENT .................................................................................................................................................... 28 2.14 PERFORMANCE, PAYMENT AND WARRANTY BONDS ............................................................... 28 2.15 SUBMITTALS ......................................................................................................................................... 29 2.16 ASSIGNMENT OF CONTRACT ............................................................................................................ 29 2.17 INSURANCE REQUIREMENTS ............................................................................................................ 29 2.18 TERMINATION ...................................................................................................................................... 29 2.18.1 DEFAULT AND TERMINATION FOR CAUSE: ............................................................................. 30 2.18.2 TERMINATION FOR CONVENIENCE OF CITY ........................................................................... 30 2.18.3 REMEDIES: ........................................................................................................................................ 30 2.18.4 FUNDING OUT .................................................................................................................................. 30 2.19 DIRECT OWNER PURCHASES ............................................................................................................ 30 2.20 CONTRACTOR’S RESPONSIBILITY ................................................................................................... 31 2.21 DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY .................................................................... 31 2.22 PERMITS AND LICENSES .................................................................................................................... 31 2.23 SITE INSPECTION – CITY .................................................................................................................... 31 2.24 WAIVER OF LIENS ................................................................................................................................ 31 2.25 PAYMENT ............................................................................................................................................... 31 2.26 CONTRACT DOCUMENTS ................................................................................................................... 32 2.27 CHANGE ORDERS ................................................................................................................................. 32 2.28 CHANGES TO SCOPE AND ADDITIONAL SERVICES..................................................................... 32 2.29 CHANGES IN THE WORK/CONTRACT PRICE ................................................................................. 32 2.30 CHANGES IN CONTRACT TIME ......................................................................................................... 33 2.31 CITY’S OPTION ...................................................................................................................................... 33 2.32 LOCATION OF EXISTING UTILITIES ................................................................................................. 33 2.33 CONFLICT WITH EXISTING UTILITIES ............................................................................................ 34 2.34 CONTINGENCY FUNDING .................................................................................................................. 34 SECTION III – GENERAL TERMS AND CONDITIONS ........................................................................................ 36 3.1 FAMILIARITY AND COMPLIANCE WITH LAWS, LEGAL CONDITIONS CODES AND REGULATIONS: .................................................................................................................................................... 36 3.2 CONFLICT OF INTEREST ......................................................................................................................... 36 3.3 DISPUTES .................................................................................................................................................... 36 766 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 4 3.4 FEDERAL AND STATE TAX: .................................................................................................................... 36 3.5 PURCHASE ORDER REQUIRED: ............................................................................................................. 36 3.6 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: ...................................................... 36 3.7 PALM BEACH COUNTY INSPECTOR GENERAL: ................................................................................ 36 3.8 OTHER AGENCIES ..................................................................................................................................... 36 3.9 VENUE AND GOVERNING LAW: ............................................................................................................ 37 3.10 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT ........................................... 37 3.11 INDEPENDENT CONTRACTOR RELATIONSHIP: ............................................................................ 37 3.12 OMISSION OF DETAILS ....................................................................................................................... 37 3.13 LEGAL EXPENSES: ............................................................................................................................... 37 3.14 NO THIRD-PARTY BENEFICIARIES: ................................................................................................. 37 3.15 SCRUTINIZED COMPANIES: ............................................................................................................... 38 3.16 NON-EXCLUSIVE .................................................................................................................................. 38 3.17 ENDORSEMENTS .................................................................................................................................. 38 3.18 DRUG-FREE WORKPLACE .................................................................................................................. 38 3.19 PROHIBITED TELECOMMUNICATIONS EQUIPMENT ................................................................... 38 3.20 RIGHTS IN DATA .................................................................................................................................. 39 3.21 DOCUMENTATION OF COSTS ............................................................................................................ 39 3.22 PUBLIC RECORDS ................................................................................................................................ 39 3.23 SOVEREIGN IMMUNITY ...................................................................................................................... 40 SECTION IV – BID SCHEDULE FORM .................................................................................................................. 41 DRAFT - AGREEMENT CONSTRUCTION (CONTRACTOR) ................................................................................... 43 ATTACHMENT “A” .................................................................................................................................................. 67 ATTACHMENT “B” .................................................................................................................................................. 70 Exhibit A – General Provisions for Construction Exhibit B – Special Provisions for Construction Exhibit C – Cured-In-Place Pipe (CIPP) Technical Specifications Exhibit D – As-Builts (all locations) 767 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 5 THE CITY OF BOYNTON BEACH ADVERTISEMENT NOTICE TO BIDDERS FOR SANITARY SEWER GRAVITY MAIN – CIPP PROJECT ITB NO. 25-082B Electronic Invitation To Bid (ITB’s) shall be received by the e-procurement system up until October 24, 2025; No Later Than 3:00 P.M. (Local Time); unless specified otherwise and may not be withdrawn within ONE HUNDRED TWENTY (120) days after such date and time. All ITB’s received will be publicly opened and acknowledged of receipt by the City’s Procurement Department via the e-procurement system electronically. The e-procurement system does not permit ITB’s received after the assigned date and time. For the above reasons, it is recommended that the proposer(s) allow sufficient time to complete your online Submission and to resolve any issues that may arise. ATTENTION, ALL INTERESTED BIDDERS: To obtain documents online, please visit Boynton-beach.bidsandtenders.net. and https://boynton- beach.bidsandtenders.net/Module/Tenders/en. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach “City” Utilities Department is requesting sealed bids from qualified and experienced firms to provide Cured-In-Place Pipelining installation of 730 linear feet of existing 6- inch sanitary sewer pipe (Chapel Hill, 410 SE 12th Ave), 6,700 linear feet of an existing 8-inch diameter sanitary sewer pipe (SE 20th Ave, San Castle, Brighton Lakes, Heart of Boynton, Rolling Green) and 580 linear feet of existing 10-inch diameter sanitary sewer pipe (Heart of Boynton) and 910 linear feet of existing 12-inch diameter sanitary sewer pipe (Rolling Green). Cured-in- place Pipelining for the installation of a cured-in-place pipe liner using a resin-impregnated flexible tube method that is formed to the original conduit by use of a hydrostatic head. The Contractor shall furnish all labor, tools, equipment, materials, supplies, manufactured articles, furnishing all transportation and services, and essential communications, etc., as necessary to complete the project, as indicated in the Special Conditions, Special Provisions, Project Design Plans, Technical Specifications and ITB No. 25-082B Documents herein, along with all engineering, shop drawings, and other documentation necessary to obtain all applicable permits and all bonds, securities, licenses and insurance to complete the project as specified herein and within the Project Design Plans. All proposed improvements shall be completed in accordance with the project bid documents, design plans, details, technical specifications/scope of work, and all applicable federal, state, county, and local regulatory requirements. Questions related to this ITB are to be submitted to the Purchasing representative through the e- procurement system only by clicking on the “Submit a Question” button for this specific solicitation. PRE-BID CONFERENCE: A NON-MANDATORY Pre-bid Conference & Site Visit is scheduled for August 28, 2025, at 10:30 A.M. to be held at City of Boynton Beach City Hall Room 115, 100 East Ocean Avenue, Boynton 768 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 6 Beach, Florida 33435. Please note that this meeting will be recorded and uploaded to Bids&Tenders, but it is highly encouraged that all parties interested in bidding on this project should try to attend this meeting. The purpose of this meeting is to provide a forum for all concerned parties to discuss the proposed term contract, answer questions on the solicitation document, review the qualifications requested, provide instructions for submitting proposals, and discuss other relevant issues. In the event that any discussions or questions at the pre-bid meeting require, in the City’s opinion, official additions, deletions, or clarifications of the solicitation or any other document, the City will issue an addendum to this ITB, as the City determines is appropriate. No oral representation or discussion taking place at the pre-bid meeting will be binding or may be relied upon by any person or entity. All questions prior to and after the pre-bid meeting shall be submitted in writing through the City’s e-procurement platform by the deadline for questions outlined on the cover page. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.071, sealed Proposal responses received by the City in response to an Invitation to bid are exempt from public records disclosure requirements until thirty (30) days after the opening of the Proposals unless the City announces intent to award sooner. If the City rejects all Responses submitted in accordance with an Invitation To Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid response, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids. 769 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 7 PURCHASING DIVISION Our Mission Statement: We are unwavering in our commitment to promoting integrity, transparency, and fairness in every step of the procurement process. This dedication is the cornerstone of our mission. We strive to maximize value for our community by fostering competitive opportunities for local businesses, ensuring compliance with regulations, and delivering exceptional service to our stakeholders. Through collaboration, planning, and innovation, we aim to support the city’s goals while enhancing the economic vitality of our region. Our Purpose: The City of Boynton Beach's Purchasing Division is dedicated to fostering equitable and fair competition in our solicitations through a transparent procurement process. We actively collaborate with local vendors to ensure that every participant has an equal opportunity to secure government contracts. Our commitment to fairness and transparency is unwavering. Our Key Goals: As guardians of the public trust, our Purchasing Division is deeply committed to its purpose and mission. Upholding the values of vision, integrity, efficiency, and quality service, we strive to fulfill our commitments with unwavering dedication. Our Community Impact: Our local, state, and nationwide vendors are essential partners in our purpose and mission. We are dedicated to collaborating with qualified, competitive vendors who share our commitment to quality, efficiency, teamwork, and exceptional customer service. A Message to our Vendors and the Community: Your work as a vendor is not just about delivering products and services. It's about enhancing the overall value of our services to our residents. We expect high-quality products and efficient services, delivered on time and as specified, to make a real difference in our community. Additionally, we anticipate that our vendors will collaborate with us as a team and maintain the highest standards of integrity in all interactions with the city’s offices and departments. These are expectations and standards we hold all our vendors to. Diligence in fulfilling the requirements of this solicitation will significantly enhance the overall quality of services delivered to our community. The City seeks a firm that embodies these principles in its work, and the successful candidates will be evaluated against the performance standards detailed in this solicitation. 770 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 8 SANITARY SEWER GRAVITY MAIN – CIPP PROJECT ITB No.: 25-082B SECTION I – INSTRUCTIONS TO BIDDERS – SUBMISSION REQUIREMENTS Procurement Definition: It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such a rejection or waiver is deemed to be in the best interest of the City. 1.0 DEFINITIONS Whenever the following terms appear in the Invitation to Bid, the intent and meaning shall be interpreted as follows: “Addenda” Written or graphic instruments issued before opening ITBs that clarify, correct, or change the solicitation requirements or the contract document. “Agreement” The written agreement between the City and the Contractor covering the scope of work to be performed, including other Contract Documents attached to the Agreement and made a part thereof. The words “Agreement” and “Contract” are used interchangeably. “City” or “Owner” The City of Boynton Beach, Florida, a municipal corporation of the State of Florida “Contract Administrator” The Department’s Director or some other employee expressly designated as Contract Administrator in writing by the Director, who is the representative of the City concerning the Contract Documents. “Contract Documents” The contract documents consist of this Agreement, conditions of the contract (General, Supplementary, and other Conditions), of this Solicitation, all addenda issued prior to, all modifications issued after execution of this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional modifications and supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. “Defective” An adjective which when modifying the Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents. “Effective Date of the Agreement” The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. “End User (EU)” Internal Member of the City Staff who has requested a procurement service. Also known as a Stakeholder (SH) “Interested parties” Firms or bidders interested in the ITB and plan to eventually become bidders. “Notice to Proceed” A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform the Consultant’s obligations under the Contract Documents. Such Notice is to be issued by the City and project Contract Administrator. “Online e-procurement system” or “e-procurement system” The City of Boynton Beach’s solicitation management system is “bids&tenders.” “Procurement Services” The Procurement Division - Department of Finance of the City of Boynton Beach. “Bidder/Offeror/Responder” Any individual, firm, or corporation submitting a bid for this project, acting directly or through a duly authorized representative. For the purpose of this solicitation, the terms “Offeror” and “Bidder” are used interchangeably and have the same meaning. “Invitation to Bid (ITB) Solicitation” It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such a rejection or waiver is deemed to be in the best interest of the City. “Sub-Contractor” Any person, firm, entity, or organization, other than the employees of the bidder, who contracts with the Contractor to furnish labor, or labor and materials, in connection with the work or services to the City, whether directly or indirectly, on behalf of the Contractor. “Responsible Bidder” This means a person or firm capable of fully performing the requirements in the ITB and agreement and having the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit to ensure good faith performance. “Responsive Bidder” This means a Person or firm who has submitted a bid that conforms in all material respects to the requirements outlined in this ITB. “Successful Bidder" or “Contractor” The individual or firm who successfully receives the award for work to be completed as defined by this solicitation. Also referred to as Contractor or Vendor. 771 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 9 “Written Amendment” A written amendment of the Contract Documents, signed by the City and the Consultant on or after the Effective Date of the Agreement, and typically dealing with non-technical aspects rather than strictly work- related aspects of the Contract Documents. “Unit Price or Hourly Wage Work” Work to be paid for based on unit prices outlined within the ITB. 1.1 TYPES OF SOLICITATIONS PROVIDED BY THE CITY Anytime the City releases a new solicitation, it will contain a suffix of one of the following types: B = Invitation to Bid (ITB) R = Request for Proposal (RFP) L = Letter of interest (LOI) Q = Request for Qualifications (RFQ) RQ = Request for Quote (RFQ) RB = Re-Bid This suffix will determine what type of solicitation the City plans to procure. The City reserves the right to add any additional solicitation types at any time. 1.2 PRE-BID MEETING The City may hold a pre-bid conference for this project which may include a site visit. The information regarding such meeting will be noted on the cover page or advertisement page of this document. 1.3 ONLINE E-PROCUREMENT SYSTEM SUBMISSION OF THE BID – (bids&tenders) 1.3.1 The City of Boynton Beach utilizes an electronic online e-procurement system service to notify and distribute its solicitation documents; please visit Boynton- beach.bidsandtenders.net. 1.3.2 To obtain documents online, please visit Boynton-beach.bidsandtenders.net. 1.3.3 Before registering for the opportunity, you may preview the solicitation documents with a Preview Watermark. Documents are not provided in any other manner. 1.3.4 Bidders are cautioned that the timing of their Submittal submission is based on when the Submittal is RECEIVED by the e-procurement System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. 1.3.5 For the above reasons, sufficient time is recommended to complete your ITB Submission and resolve any issues that may arise. The online e-procurement system’s web clock shall determine the closing time and date. 1.3.6 Bidders should contact bids&tenders support listed below at least twenty-four (24) hours prior to the closing time and date if they encounter any problems. 1.3.7 The e-procurement system will send a confirmation email to the Bidder advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support@bidsandtenders.net. 1.3.8 Bidders shall be solely responsible for maintaining accurate contact data through the Bids and Tenders system. The City shall under no circumstances be responsible for any errors or omissions in vendor’s contact information on file with Bids and Tenders. Updates to contact information may be requested by contacting Bids and Tenders at support@bidsandtenders.org . 772 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 10 1.3.9 It is the Responding firm's responsibility to read and understand the requirements of this bid request. Unless otherwise specified, the Responding firm must use the bid form located online for Invitation for Bid document. 1.3.10 All bids shall be submitted in the English language. All prices, terms and conditions bid in the submitted response shall be expressed in U.S. Dollars and will be firm for acceptance for ONE HUNDRED TWENTY (120) calendar days from the date of the bid opening unless otherwise stated by the City. 1.3.11 The Responding firm preparing a bid in response to this solicitation shall bear all expenses associated with its preparation. The Responding firm shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. 1.4 EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITE 1.4.1 Before submitting a bid, each Offeror must visit the site (if applicable to the project) to become familiar with the facilities and equipment that may in any manner affect cost or performance of the work; must consider federal, state, grant requirements (if Applicable) and local laws, ordinances, rules, and regulations that may in any manner affect cost or performance of the work, must carefully compare the Offeror's observations made during site visits or in a review of applicable laws with the Bid Documents; and must promptly notify the Procurement Officer of all conflicts, errors and discrepancies, if any, in the solicitation documents. 1.4.2 Bidders shall satisfy themselves by personal investigation and by such other means as they may deem necessary or desirable as to the conditions affecting the proposed work and the cost. 1.4.3 No information derived from maps, plans, specifications, or from the Engineer, City Manager, or their assistants or any other department of the City shall relieve the contractor from any risk or from fulfilling all terms of the contract. 1.4.4 The bidder is required to conduct a full and thorough investigation of the premises prior to submitting a bid. 1.4.5 It is the bidder’s sole responsibility to determine the amount of labor and materials needed to complete all aspects of the project. 1.4.6 If the pre-bid meeting is deemed mandatory and a bidder does not attend and sign in to the sign-in sheet for the mandatory pre-bid meeting, the bid submission will not be considered. 1.4.7 The Offeror, by and through the submission of a Bid, agrees that it shall be held responsible for having examined the facilities and equipment (if applicable), is familiar with the nature and extent of the work and any local conditions that may affect it, and is familiar with the equipment, materials, parts, and labor required to perform the work successfully. 1.5 ELIGIBILITY OF BIDDER 1.5.1 To be eligible to respond to participate in this ITB, the proposing firm or principals must demonstrate that they, or the principals assigned to the contract, have successfully provided services of similar magnitude as those specified in SCOPE OF WORK (PROJECT) of this solicitation and can demonstrate they have the experience with large-scale private sector clients and the managerial and financial ability to perform the services successfully. 773 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 11 1.6 MINIMUM QUALIFICATIONS OF BIDDERS 1.6.1 No e-submission will be accepted from, nor will any contract be awarded to, any person who is in arrears to the City of Boynton Beach upon any debt or contract or who has defaulted, as surety or otherwise, upon any obligations to the City, or who has been deemed irresponsible or unreliable to the City. 1.6.2 Awards will be based on past performance and quality of work in addition to the Contractor’s ITB response as outlined within this solicitation document. 1.6.3 If selected for a contract, all Contractors must perform to the satisfaction of the City before being considered for award of additional contracts. 1.6.4 A satisfactory record of integrity with previous work performed. 1.6.5 Qualified legally to enter into a Contract within the State of Florida and the City of Boynton Beach. 1.6.6 Supplied all necessary licensing information in connection with the inquiry concerning responsibility. 1.6.7 Contractors whose performance is unsatisfactory shall be subject to debarment or suspension. 1.7 CONTACT INFORMATION AND QUESTIONS 1.7.1 For inquiries regarding this solicitation Bidders must submit questions online at https://boynton-beach.bidsandtenders.org/Module/Tenders/en Once on the webpage bidder should click the solicitation they are interested in and click the “Submit a Question Button”. All questions will be reviewed by the City and answered in the form of an addendum which will be uploaded to the City’s website and available for all firms registered as plan holders. 1.8 CLARIFICATIONS, QUESTIONS, AND ADDENDA FOR THIS SOLICITATION 1.8.1 The City may issue an addendum to change the intent or to clarify the meaning of the solicitation and Contract documents. 1.8.2 Since all addenda are available to Bidders through the City’s e-Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Bidder to have received ALL addenda issued. 1.8.3 Bidders should check online at Boynton-beach.bidsandtenders.net before submitting their bid and until the bid closing time and date in the event, to ensure no additional addenda are issued. 1.8.4 If a Bidder submits their bid before the BID closing time and date and an addendum has been issued, the e-procurement system shall WITHDRAW the bid. 1.8.5 The submittal status will change to an INCOMPLETE STATUS, and the Bid will be withdrawn. The Bidder can view this status change in the “MY BIDS” section of the e-procurement system. a. The Bidder is solely responsible for creating any required adjustments to their Bid, acknowledging the addenda, and ensuring the re-submitted Bid is RECEIVED by the e-procurement System no later than the stated Bid closing time and date. b. The Bidder is responsible for submitting written questions or requesting clarification for items included in this solicitation through bids&tenders. c. Any and all responses to questions or inquiries, interpretations, and supplemental instructions will be in the form of a written addenda, which, if issued, will be posted through bids and tenders. d. No verbal interpretations may be relied upon. 774 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 12 e. Failure of any Bidder to receive any such addenda or interpretation shall not relieve any Bidder from any obligation under a response as submitted. All addenda so issued shall become a part of the solicitation document. f. The Bidder shall acknowledge receipt of any addenda through the e- procurement system by checking a box for each addenda and any applicable attachment. g. It is the Bidder's responsibility to have received all issued addenda. Bidders should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the BID closing time and date in the event additional addenda are issued. h. Interested parties may preview the solicitation documents with a Preview Watermark before registering for the opportunity. Documents are not provided in any other manner. i. If any interested parties have received this ITB packet from a source other than bids&tenders directly and the Interested Party is not registered with bids&tenders, they must register with bids&tenders. j. No negotiations, decisions, or actions shall be initiated by the Bidder as a result of any discussions with a City employee. k. Only those communications in writing from the Purchasing Division may be considered a duly authorized expression. Also, only communications from Bidders submitted through bids&tenders in writing will be recognized by the City as duly authorized expressions on behalf of the Bidder. l. Late Submittal Responses are not permitted by the e-procurement system. m. To ensure receipt of the latest information and updates via email regarding this solicitation, or if a Bidder has obtained this Solicitation from a third party, the responsibility is on the Bidder to create an e-procurement system vendor account and register as a plan taker for the solicitation with bids&tenders. n. All expenses for making SUBMITTAL responses to the City are to be borne by the Bidder. 1.9 MISTAKES WITHIN SOLICITATION 1.9.1 Bidders are cautioned to examine all terms, conditions, specifications, Scope of Work, exhibits, addenda, delivery instructions, and special conditions pertaining to the solicitation. Failure to examine all pertinent documents shall not entitle the Bidder to any relief from the conditions imposed in the contract and may lead to the rejection of a bid. 1.10 SUBMISSION OF THE BID 1.10.1 The City’s e-procurement solicitation system shall receive ELECTRONIC BID SUBMISSIONS ONLY. 1.10.2 HARDCOPY SUBMISSIONS ARE NOT PERMITTED. 1.10.3 Electronic Invitation to Bid for this solicitation shall be received by the City’s e- procurement system no later than the time outlined on page #1 of this solicitation. 1.10.4 Late responses are not permitted by the e-procurement system. It shall be the sole responsibility of the Bidder to have their Invitation to Bid submittal submitted online. 1.10.5 All bids shall be submitted in English. 1.10.6 All prices, terms, and conditions proposed in the submitted response shall be expressed in U.S. Dollars and will be firm for acceptance for ONE HUNDRED TWENTY (120) calendar days after the closing of the ITB. 775 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 13 1.11 SOLICITATION FORMS 1.11.1 The Bidder will submit a response to the solicitation on the bid submission forms provided. All bid submission prices, amounts, and descriptive information must be entered into the e-procurement system bids&tenders. 1.11.2 The Bidder must state the price for which they propose to deliver the equipment or service requested. 1.11.3 The Bidder must be licensed to do business as an individual, partnership, or corporation in the State of Florida. 1.11.4 All bid submission forms should be executed and submitted for easy identification. Responses not submitted on bid submission forms may be rejected. 1.11.5 All bid submissions are subject to the conditions specified in this solicitation document. Submittals that do not comply with these conditions may be rejected. 1.11.6 THE FOLLOWING FILLABLE DIGITAL FORMS HAVE BEEN CREATED AND MUST BE SUBMITTED / ACKNOWLEDGED WITH EACH BID: a. Certification b. Vendor Drug-Free Workplace c. Bidder’s Qualification Statement d. References e. Scrutinized Companies List f. E-Verify Compliance g. Sub-Contractor Form h. Firm’s Primary Ownership i. Local Boynton Beach Preference 1.11.7 FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION a. Document Upload 1: Non-Collusive Affidavit & Acknowledgement b. Document Upload 2: Scrutinized Companies Affidavit and E- Verify c. Document Upload 3: Bid Bond and Bid Bond Acknowledgement (SEE BID BOND SUBMITTAL BELOW) d. Document Upload 4: Foreign Entity Ownership Affidavit & Anti-Human Trafficking Affidavit e. Document Upload 5: Litigation and Legal History Disclosure Requirement & Litigation History Form f. Document Upload 6: Proof of State Certified or County Competency g. Document Upload 7: Florida State Business Registration h. Document Upload 8: Certificate of Insurance – Proof of Requirements i. Document Upload 9: Internal Revenue Service Form W-9 j. Document Upload 10: Anti-Kick Back Affidavit & Trench Safety Act Affidavit k. Document Upload 11: Additional Document 1.12 BID BOND GUARANTY SUBMITTAL To participate in this Invitation to Bid (ITB), an acceptable Bid Bond, Cashier’s Check, Money Order, Irrevocable Letter of Credit, or Certified Check payable to the City of Boynton Beach in an amount not less than five percent (5%) of the bid price is required for this project. Additional bonding requirements may be specified in the Special Provisions of this solicitation. The Bid Bond must be executed by a surety company authorized to do business in the State of Florida or secured in a manner deemed satisfactory by the City of Boynton Beach. 776 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 14 If a bid guarantee is required, the bidder should upload a true copy of the Bid Bond to the City’s website at the time of online submission via Bids and Tenders. Specific Instructions: A bid security bond is required for this project. An acceptable Bid Bond, Cashier’s Check, Money Order, Irrevocable Letter of Credit, or Certified Check for five percent (5%) of the bid price must accompany your bid. A scan or copy of the original Bid Bond should be submitted with your electronic bid response. The original Bid Bond (raised seal or thicker stock paper) must be received via U.S. Mail, air or ground courier, messenger service, or in person to the following address before the bid due date: City of Boynton Beach 100 East Ocean Ave, 4th Floor – Purchasing, Boynton Beach, FL 33435 The City may allow the original Bid Bond to be submitted within three (3) business days after the bid opening, provided the bidder uploaded a scanned copy of the Bid Bond with their initial submission. Failure to submit the original Bid Bond as outlined will result in the bid being deemed non- responsive. 1.13 BIDDER'S COMPLIANCE WITH FLORIDA STATUTES AND CITY CODES 1.13.1 ANTI-KICKBACK AFFIDAVIT Each Bidder shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Bid. The City considers the failure of the Bidder to submit this document to be a major irregularity and may be cause for rejection of the Bid. 1.13.2 NON-COLLUSION AFFIDAVIT Each Bidder shall complete the Non-Collusive Affidavit Form and shall submit this form with the bid. The City considers the failure of the Contractor to submit this document to be a major irregularity and may be cause for rejection of the bid. A Bidder shall not collude, conspire, connive or agree, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham response in connection with the work for which the response has been submitted; or to refrain from responding in connection with such work or have in any manner, directly or indirectly, sought by person to fix the price or prices in the bid or of any other Bidder, or to fix any overhead profit, or cost elements of the bid price or the bid price of any other responder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other Bidder, or any person interested in the proposed work. The Bidder certifies there has been no collusion with any other firm or employees from any other firm who will be submitting a bid on the same project. Each Bidder shall complete the Non-Collusive Affidavit Form and shall submit this form with the bid. The City considers the failure of the Bidder to submit this document to be a major irregularity and may be cause for rejection of the bid. 1.13.3 FOREIGN ENTITY AFFIDAVIT Through the submission of a bid for this ITB, Bidder ensures that it 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); The government of a foreign country of concern does not have a controlling interest in Entity. (Source: § 287.138(2)(b), Florida 777 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 15 Statutes); The 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); The Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201, Florida Statutes. (Source: § 288.007(2), Florida Statutes); The Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201, Florida Statutes, or a subsidiary of such entity. (Source: § 288.007(2), Florida Statutes); The Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: § 692.202(5)(a)(1), Florida Statutes); and The Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and 692.204, Florida Statutes. 1.13.4 ANTI-HUMAN TRAFFICKING AFFIDAVIT Each offeror shall complete and upload the Anti-Human Trafficking Affidavit to attest to the following: Through the submission of a bid for this project: Pursuant to section 787.06(13), Florida Statutes, the Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled “Human Trafficking”. 1.13.5 CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Responding bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 1.13.6 E-VERIFY FORM UNDER SECTION 448.095 By submission of this bid, Bidder and if awarded, CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 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: All persons employed by a Contractor to perform employment duties within Florida during the term of the Contract; and All persons (including sub-vendors/ subconsultants/ subcontractors) assigned by Contractor to perform work pursuant to the Contract with the City of North Lauderdale. 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 North Lauderdale; and The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the Contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit 778 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 16 Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of Contract and may not be considered as such. If this Contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 1.13.7 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 By submission of this solicitation, BIDDER and if awarded project, CONTRACTOR, 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 Petroleum 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 Contract, 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 Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes; or Is engaged in business operations in Syria 1.13.8 ANTITRUST CAUSE OF ACTION (Bid Rigging) In submitting a bid to the City of Boynton Beach, the Vendor offers and agrees that if the bid is accepted, the Vendor will convey, sell, assign, or transfer to the City of Boynton Beach all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price-fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Vendor. 1.14 SUB-CONTRACTORS 1.14.1 If a Bidder utilizes sub-Contractors for any portion of a Contract for any reason, the Bidder should state the name and address of the sub-Contractor and the name of the person to be contacted on the online form within the e-procurement system under “Schedule of Sub-Contractor.” 1.14.2 The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a sub-Contractor is named and to make the award to the Contractor, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. 1.14.3 The City also reserves the right to reject a submission of any Bidder if the solicitation names a sub-Contractor who has previously failed to perform an award properly or failed to deliver on-time Contracts of a similar nature or who cannot perform correctly under this award. 1.14.4 The City reserves the right to inspect all sub-contractor facilities to determine the foregoing. 1.14.5 The sub-contractor will be equally responsible for meeting all requirements specified in this Invitation to Bid (ITB). 1.15 ESCALATOR CLAUSE 1.15.1 Any bid submission subject to an escalator clause will be rejected. 779 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 17 1.16 EXCEPTIONS BY BIDDER 1.16.1 Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the submission. Exceptions to the Scope of Work and/or Special Provisions shall be clearly and specifically noted in the submitted bid on a separate sheet marked “EXCEPTIONS TO THE SPECIFICATIONS,” which shall be attached to the bid submission. 1.16.2 The use of the Bidder’s standard forms or the inclusion of the manufacturer’s printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 1.17 QUANTITIES 1.17.1 Quantities shown are estimates only. 1.17.2 No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. 1.17.3 The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 1.18 BID TABULATION 1.18.1 When a bid closes an unofficial bid, the tabulation will be posted online at https://boynton-beach.bidsandtenders.org. Responding firms can download the unofficial bid tabulation using the link provided above. 1.18.2 Per Florida Statute 255.0518, the City will publicly open all construction or repairs on a public building or public work. 1.18.3 The City shall issue an intent to award for the lowest responsible and responsive bidder. 1.19 UNBALANCED BIDS 1.19.1 When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing submittal, the City reserves the right to reject such bid submission. 1.20 UNIT PRICES AND ADDITIONAL QUANTITY 1.20.1 The City reserves the right to acquire additional hours or quantities of the requested items/services at the prices offered in this solicitation. 1.20.2 If additional quantities are not acceptable, the price proposal sheets must be noted: “BID IS FOR SPECIFIED QUANTITY ONLY”. 1.20.3 Where a discrepancy between the unit price and the total price is indicated on a Responding firm’s online submitted Schedule of Bid Prices or Price Proposal Form, the unit prices shall prevail. 1.21 TIE BIDS 1.21.1 If two or more bidders are tied, the tie may be broken, and the successful vendor selected by the following criteria will be presented in order of importance. a. Delivery time if provided in the original bid by the bidders. b. Location of the vendor with the shortest distance (in miles) from the City of Boynton Beach's City Hall. Distance will be determined by using the vendor's address. c. If the above criteria are impossible to determine with any reasonableness or do not resolve the issue, the award will be given to that vendor whose bid was received first as indicated by the time stamp within the e- procurement system. 780 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 18 d. Random lottery drawing conducted by the City Clerk. 1.22 EXECUTION OF SOLICITATION DOCUMENTS 1.22.1 Bid submissions to this solicitation should contain a manual or digital signature of an authorized representative in the space provided on all affidavits and applicable forms. 1.23 SOLICITATION DEADLINE 1.23.1 The Bidder is responsible for ensuring the bid is submitted electronically by or at the proper time and date before the solicitation deadline. 1.23.2 The e-procurement solicitation system does not permit late submission responses. 1.24 CITY’S RIGHT TO REJECT BID SUBMITTALS 1.24.1 The City reserves the right to reject any bid if the evidence submitted by the proposer, or if the investigation of such proposer, fails to satisfy the City that such proposer is properly qualified to carry out the obligations and to complete the work contemplated. 1.24.2 Any or all bids will be rejected if there is reason to believe that collusion exists among proposers. 1.24.3 The City reserves the right to reject any bid if the evidence submitted by the Bidder, or if the investigation of such Bidder, fails to satisfy the City that such Bidder is appropriately qualified to carry out the obligations and to complete the work contemplated. 1.24.4 Any or all bids will be rejected if there is reason to believe collusion exists among Bidders. 1.24.5 A bid may be considered irregular and may be rejected if it indicates serious omissions, alterations in form, additions not called for, conditions or unauthorized alternates, or irregularities of any kind. 1.24.6 The City reserves the right to reject any or all bids, waive such technical errors, waive informalities or irregularities in any response received, re-advertise, or take any other actions as may be deemed best for the interests of the City. 1.24.7 No bid will be canvassed, considered, or accepted which, in the opinion of the City, is incomplete, informal, or unbalanced or contains inadequate documentation as required herein. Any alteration, erasure, interlineations, or failure to specify bids for all items called for in the schedule shall render the bid informal. 1.24.8 The City also reserves the right to the following: a. Reject any or all bids. b. Reject or cancel any or all submissions during the procurement process. c. Reissue a solicitation Invitation to Bid (ITB). d. Extend the ITB question deadline and closing time and date. e. Present an item to the City Commission to do what they feel is in the City's best interest. f. Procure any item by other means. g. Increase or decrease the quantity specified in the Invitation to Bid (ITB). h. Consider and accept an alternate ITB as provided herein when most advantageous to the City. i. Waive any defect, irregularity, or informality in any ITB procedure. j. Waive as an informality technical error, minor deviations from specifications, defect, or accept a portion of any bid deemed to be the most responsive, responsible Bidder(s) representing the most advantageous submission to the City. 781 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 19 k. Consideration may be given but is not necessarily limited to conformity to the specifications, including timely delivery; product warranty; a Bidder’s proposed service; ability to supply and provide service; delivery to required schedules and past performances in other agreements/contracts with the City or other government entities. 1.25 DISQUALIFICATION OF BIDDER 1.25.1 More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. 1.25.2 All bids shall be rejected if there is reason to believe collusion exists between Bidders. 1.25.3 Automatic disqualifiers are as follows: a. The Bidder not being licensed to perform the required work outlined within the ITB. b. If the Bidder demonstrates that they cannot or have not performed the required work outlined within the ITB. c. Not being eligible to submit a bid due to violations listed under “Public Entity Crimes. d. As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Responding firm’s officers and/or employees, by the Boynton Beach Police Department. Responding firm’s submission of a bid constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Responding firm’s qualifications. 1.26 NO SUBMITTAL 1.26.1 A NO SUBMITTAL response can be submitted online through bids&tenders the e- procurement system. 1.27 INTERPRETATIONS/CONE OF SILENCE/LOBBYING 1.27.1 Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. 1.27.2 A cone of silence shall be imposed upon each competitive solicitation as of the advertisement of the bid and shall remain in effect until the City Commission awards or approves a contract, the City rejects all responses, or otherwise takes action that ends the solicitation process. 1.27.3 While the cone of silence is in effect, no Proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) 1.27.4 Failure to abide by this provision may serve as grounds for disqualification for the award of contract to the Proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. 1.27.5 The cone of silence shall not apply to oral communications at any public proceeding, including pre-proposal conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. 782 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 20 1.27.6 Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. 1.27.7 To ensure fair consideration for all Bidders, the City prohibits communication to or with any department, officer, or employee during the solicitation process as described in the Cone of Silence except as otherwise specified. 1.27.8 If the Bidder should be in doubt as to the meaning of any of the solicitation documents or believes that the plans and/or specifications contain errors, contradictions, or reflect omissions, the Bidder shall direct questions to the Purchasing representative through the e-procurement solicitation system only by clicking on the “Submit a Question” button for this Bid, no later than ten (10) days prior to the solicitation deadline. 1.28 TRADE SECRET 1.28.1 Any language contained in the Bidder’s submission purporting to require confidentiality of any portion of the Bid, except to the extent that certain information is, in the City’s opinion, a Trade Secret pursuant to Florida law, shall be void. 1.28.2 If a Bidder submits any documents or other information to the City that the Bidder claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. 1.28.3 The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. 1.28.4 The City shall be the final arbiter of whether any information contained in the Bidder’s bid constitutes a Trade Secret. 1.28.5 The City’s determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. Bids purporting to be subject to copyright protection in full or in part will be rejected. 1.28.6 EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR BID AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR BID OR ANY PART THEREOF AS COPYRIGHTED. 1.29 WITHDRAWAL OF BID 1.29.1 Any Firm may, without prejudice to their self may withdraw their bid at any time prior to the expiration of the time during which bids may be submitted. 1.29.2 The request for withdrawal must be completed online at https://boynton- beach.bidsandtenders.org /Module/Tenders/en if requested prior to the bid opening date and time. 1.29.3 After the expiration of the period for receiving bids, no bid can be withdrawn or modified. 1.30 PROTEST PROCEDURE 1.30.1 Protest procedures are provided in the City of Boynton Beach Purchasing Policy. Protests shall be submitted in writing, addressed to the Purchasing Director, via 783 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 21 hand delivery or mail, along with a protest cash bond in an amount equal to 5% of the bid or $5,000, whichever is less. 1.30.2 The bond will be refunded to a protester if the protest is upheld. 1.30.3 The protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Division within the deadlines as follows: a. If the protest relates to an Invitation to Bid, Request for Proposal, or Request for Qualifications, it must be received before the bid submittal deadline date. b. If the protest relates to any other matter relating to the bid, including, but not limited to, the intent to award an agreement/contract, the protest must be received no later than THREE (3) regular business days after the date of notification of the intent to award by a member of the purchasing staff. c. The intent to award an agreement begins the three-day timeline to protest. 1.30.4 Failure to file a protest as outlined in the City of Boynton Beach’s Purchasing Policy shall constitute a waiver of proceedings. 1.31 CONFLICT OF INTEREST / GIFT POLICY 1.31.1 Through the Bid Submission, the Bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in a manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. 1.31.2 All Bidders shall disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Bidder’s firm or any of its branches. a. CONFLICT OF INTEREST: No employee, officer, or agent of the City may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or may receive a tangible personal benefit from a Bidder considered for a City contract. In addition, the Bidder shall disclose to City in writing all federal criminal law violations involving fraud, bribery, or gratuity that potentially affect the award of this solicitation Failure to make the required disclosures can result in withheld payments, award termination, suspension, or debarment of the Bidder. b. ORGANIZATIONAL CONFLICT OF INTEREST: The Bidder shall not have activities or relationships I. causing the Bidder to be unable, or potentially unable, to render impartial assistance or advice to the City; II. impairing the Bidder's objectivity in performing the contract work; or III. resulting in an unfair competitive advantage. 1.32 GIFT POLICY 1.32.1 No Bidder who is a party to, or receives a benefit from, this agreement/contract shall offer a gratuity, favor, or anything of monetary value to any officer, employee, or agent of the City. 784 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 22 1.32.2 Further, no officer, employee, or agent of the City shall solicit or accept a gratuity, favor, or anything of monetary value from a Bidder who is a party to, or receives a benefit from, this agreement/contract. 1.33 CONFIRMATION OF MINORITY-OWNED BUSINESS 1.33.1 It is the desire of the City of Boynton Beach to increase the participation of minority- owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its submission. 1.34 AWARD OF CONTRACT 1.34.1 The City intends to award this bid to the lowest responsible and responsive responding bidder. 1.34.2 The City reserves the right to accept or reject any or all bids and waive any informality concerning the Invitation to Bid when such rejection or waiver is deemed to be in the City's best interest. 1.34.3 The City reserves the right to award the ITB on a split order basis, lump sum, or individual item basis unless otherwise stated, whichever is in the City's best interest. 1.34.4 In no case will the award be made until all necessary investigations have been made into the Bidder's responsibility and the City is satisfied that the most qualified, responsive, responsible Bidder is qualified to do the work and has the necessary organization, licenses, permits, capital, and equipment to carry out the required work within the time specified. 1.35 LOCAL BUSINESS PREFERENCE 1.35.1 The City of Boynton Beach Administrative Policy No. 10.14.01 provides for a local business preference. “For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business’ bid is determined to be within five (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue-generating contracts where award, if any, is to be made to the Vendor returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid/proposal”. 1.35.2 In order to be considered for a local business preference, a Vendor must include the Local Business Status Certification Form at the time of bid or proposal submittal. Failure to submit the form at the time of bid/proposal submittal will result in the Vendor being found ineligible for the local business preference for this solicitation. 1.36 SAMPLE DRAFT AGREEMENT 1.36.1 This Invitation to Bid for review contains a sample draft agreement the City intends to execute with the successful firm(s). 1.36.2 Any exceptions taken to the terms and conditions of the City’s agreement shall be considered a part of Bidder’s solicitation response and will be considered by the City in its evaluation. 1.36.3 Any exception not specifically stated is deemed waived. 1.36.4 Submission of any exceptions to the agreement does not denote acceptance by the City. 785 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 23 1.36.5 Furthermore, taking exceptions to the City’s terms and conditions may be viewed unfavorably by the City and ultimately may impact the overall evaluation of a bidder’s submittal. 1.36.6 The City reserves the right to modify the contract language prior to execution following the selection of the lowest responsive and responsible bidder. 1.37 SIGNING OF CONTRACT 1.37.1 If the construction project is over $200K, the intent to award the ITB must be presented to the City Commission for approval. 1.37.2 The City will request the upfront signing from the Successful Bidder of the Contract before placing the item for approval on the commission agenda. 1.37.3 The Successful Bidder should sign and deliver the Contract to the city with the required insurance certificates. 1.37.4 After the contract is fully executed by the City, the Contractor shall be responsible for obtaining the payment and performance bonds as outlined below (if applicable) per Florida Statute 255.05 and return two certified copies to the City. 1.38 PAYMENT AND PERFORMANCE BOND 1.38.1 Upon award of the Contract, Payment and Performance Bonds in the total amount submitted for this ITB will be required within (15) calendar days of award and shall continue in effect until contract expiration. Such bonds shall continue for the full term of the Agreement. 1.38.2 Pursuant to the requirements of Chapter 255.05 (1) (b), Florida Statutes, the Contractor shall ensure that the Performance and Payment Bond or Bonds referenced above shall be recorded in the Public Records of Palm Beach County at the Bidder’s expense. 1.38.3 Proof of recording must be submitted to the City prior to issuance of any purchase order or payment by the City. One (1) set of original Performance and Payment Bond documents is required to be provided to the City prior to the issuance of any Notice to Proceed by the City. 1.38.4 NOTE: Each Bond shall consist of anywhere from 10 t pages, for both the Payment and Performance Bond. 1.38.5 This may cost up to $200.00, depending on the project. 1.38.6 The fee to record this bid with the county shall be included in the bid tabulation form. For more information regarding the process of recording the bid with Pam Beach County, contact Palm Beach County Clerk’s Office at www.mypalmbeachclerk.com. 1.38.7 Payment and Performance Bonds must be submitted on City forms that will be provided to the Contractor. 1.38.8 All bonds – Performance, Payment, and Warranty Bonds, shall meet the City’s ratings. 1.39 ON PUBLIC ENTITY CRIMES CONVICTED VENDOR LIST 1.39.1 All Invitation To Bid as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows “A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract or provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, 786 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 24 may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a Grantee, supplier, subcontractor, vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list”. 1.40 BUSINESS INFORMATION – JOINT VENTURE 1.40.1 If a bidding firm is a Joint Venture for the goods/services described herein, the Bidder shall, upon request of the City, provide a copy of the Joint Venture Agreement signed by all parties. 1.41 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING 1.41.1 Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Contractor. Proposers are further notified that the City's governing body may not give preference to a Proposer based on the Proposer's social, political, or ideological interests. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 787 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 25 SECTION II – SPECIAL CONDITIONS SANITARY SEWER GRAVITY MAIN – CIPP PROJECT 25-082B NOTE: Upon final award of any Agreement as a result of this solicitation, the successful firm or individual receiving the award shall become the Contractor and shall be responsible for complying with the requirements enumerated in these Special Conditions. 2.1 HISTORY AND BACKGROUND OF THE CITY OF BOYNTON BEACH The City of Boynton Beach covers an area of approximately 16.5 square miles and is home to approximately 80,000 residents. The city's government operates under a Council-Manager system, with the City Commission as the legislative body. The Commission consists of five elected commissioners, including the Mayor, who is chosen from among the commissioners. Each commissioner serves a four-year term and represents the community's interests in the policymaking process. Though the Mayor presides over Commission meetings, their powers largely align with those of the other commissioners. Boynton Beach offers its residents a wide range of essential services, including law enforcement, emergency medical services, fire protection, water and sewer utilities, library services, refuse collection, a municipal golf course, and various parks and recreational facilities. Incorporated in 1920, Boynton Beach has operated under the Commission-Manager form of government. 2.2 PURPOSE OF PROJECT The purpose of this project is to improve the City’s utility infrastructure by upgrading the existing sewer systems. 2.3 SCOPE AND DESCRIPTION OF WORK The City of Boynton Beach “City” Utilities Department is requesting sealed bids from qualified and experienced firms to provide Cured-in-Place Pipelining installation of 730 linear feet of existing 6- inch sanitary sewer pipe(Chapel Hill, 410 SE 12th Ave), 6,700 linear feet of an existing 8-inch diameter sanitary sewer pipe (SE 20th Ave, San Castle, Brighton Lakes, Heart of Boynton, Rolling Green) and 580 linear feet of existing 10-inch diameter sanitary sewer pipe (Heart of Boynton) and 910 linear feet of existing 12-inch diameter sanitary sewer pipe (Rolling Green). Cured-in-place Pipelining for the installation of a cured-in-place pipe liner using a resin-impregnated flexible tube method that is formed to the original conduit by use of a hydrostatic head. Rehabilitation of the City's Wastewater System will include, but is not limited to, the following activities: 1. Cleaning existing sewer gravity mains and service laterals. 2. Conducting an internal pre-rehabilitation closed-circuit television (CCTV) inspection. 3. Furnishing and installing a cured-in-place pipe (CIPP) mainline liner. 4. Reconnecting and installing cleanouts and lining and grouting existing service laterals. 5. Additionally, material field samples will be collected for testing, inspection reports will be prepared, and internal post-rehabilitation CCTV final inspections will be performed. 2.4 GENERAL REQUIREMENTS The Contractor shall furnish all labor, tools, equipment, materials, supplies, manufactured articles, furnishing all transportation and services, including fuel, power, water, essential communications, etc., as necessary to complete the project, as indicated in the Special Conditions, Special Provisions, Project Design Plans, Technical Specifications and ITB No. 25-082B as may be included in documents herein, along with all engineering, shop drawings, and other documentation 788 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 26 necessary to obtain all applicable permits and all bonds, securities, licenses, and insurance to complete the project as specified herein and within the Project Design Plans. All proposed improvements shall be completed in accordance with the project bid documents, design plans, details, technical specifications/scope of work, and all applicable federal, state, county, and local regulatory requirements. 2.5 LICENSES To be eligible for award of this project, the Bidder must possess at the time of bid opening, all the following certificates/licenses or any certificate/license that can meet, exceed, or legally perform the scope of work will be acceptable, as determined by the state or county licensing agency. Supporting documentation for the items requested below should be provided at the time of bid submission. 2.5.1 The Contractor must have at least three (3) years of recent experience in CIPP Main Liner installation and have completed 150,000 LF of CIPP Main Liner installation using the proposed product. Recent experience in wastewater systems for public entities in Florida or similar environments is acceptable. Additionally, the Contractor must: a. Be certified/licensed by the liner manufacturer as an approved installer. b. Hold a current PACP certification from NASSCO. c. Have Confined Space Entry Certification. 2.5.2 The Contractor’s Project Superintendent must have three (3) years of recent experience managing a CIPP lining crew and completed 100,000 LF of CIPP Main Liner installation with the proposed product. Recent experience in wastewater systems for public entities in Florida or similar environments is acceptable. Additionally, the Superintendent must: a. Be certified/licensed by the liner manufacturer as an approved installer. b. Hold a current PACP certification from NASSCO. c. Have Confined Space Entry Certification. Minimum Experience Requirement: The Bidder must have a minimum of three (3) years of verifiable experience and must have successfully completed at least three (3) municipal projects of similar size, nature, and scope. The City reserves the right to request documentation or references to confirm compliance with this requirement. When the successful Contractor is performing work in other locations outside of Palm Beach County or the State of Florida, the Contractor shall be subject to the requirements for all appropriate local jurisdictions. 2.6 PROJECT TIMELINE Project substantial completion shall be within Sixty (60) calendar days from Contractor’s receipt of the City’s Notice to Proceed. Final Completion shall be Thirty (30) calendar days from the date of substantial completion, Ninety (90) calendar days. 2.7 ENGINEERS ESTIMATE The project estimate is SEVEN HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($750,000.00). 2.8 LIQUIDATED DAMAGES Due to the critical importance of timely project completion, the Contractor shall be liable to the City for liquidated damages in the amount of Eight Hundred Dollars and Zero Cents ($800.00) for each calendar day that any individual requirement remains incomplete beyond the specified and mutually agreed-upon timeframe, including any approved extensions. This applies until the project reaches 789 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 27 Substantial Completion—meaning it is sufficiently complete for its intended use, in accordance with the Contract Documents, and free of any safety concerns. Should delays occur beyond the timeframe stipulated in the Contract Documents for Final Completion—following Substantial Completion—additional liquidated damages shall be assessed at a rate of Two Hundred Dollars and Zero Cents ($200.00) per calendar day until the project is fully completed and eligible for final payment. These amounts are not penalties, but rather mutually agreed-upon liquidated damages, acknowledging the difficulty of precisely calculating the actual harm caused by such delays. Both parties recognize the need to avoid disputes regarding these damages and agree to these terms as a fair and reasonable measure. The City reserves the right to deduct such liquidated damages from any funds due or that may become due to the Contractor. If the funds withheld are insufficient to cover the total amount owed, the Contractor shall remain responsible for paying the balance in full. Additionally, the Contractor shall reimburse the City for any and all costs incurred for extended engineering, inspection, and administrative services required due to the delay, until the work is complete. 2.9 ENUMERATION OF PRECEDENCE OF BID DOCUMENTS If any portion of the Bid Documents contained herein appears to be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: 1. Fully Executed Agreement 2. Technical Drawings or Specifications, which may be referenced as an Exhibit or Attachment 3. The Scope of Work / The Specifications 4. General Provisions for Construction 5. The Special Conditions for Construction 6. The Special Conditions 7. The Instructions to Bidders 8. General Terms and Conditions As for conflicts between schedules and information provided on Drawings, the schedules shall govern; as for conflicts between figures given on Drawings and the scale measurements, the figures shall govern; as for conflicts between large-scale drawings and small-scale drawings, the larger scale drawings shall govern. 2.10 POST-COMPLETION SITE CLEANUP AND WASTE DISPOSAL Upon completion of the work specified herein, and before acceptance of any part thereof, and any payment made to include final payment, the Vendor shall remove from the site completed all machinery, equipment surplus, and discarded materials, and temporary structures. The disposal of all materials, rubbish, and construction debris shall be made at a legal disposal site or by another manner if prior approval is granted by the Project Manager. Materials cleared from the site and deposited on the adjacent or nearby property will not be considered as having been disposed of properly. 2.11 PERFORMANCE EVALUATION The selected Contractor may undergo a performance evaluation conducted by City Staff to assess performance. The Evaluation Form will be retained by the City with records on matters that shall include but not limited to: 1) errors and/or omissions by way of recording all change orders identified as such, for the purpose of recovery for premium costs, 2) evaluate whether reimbursement of premium costs is appropriate and 3) evaluate performance for consideration in future projects. 790 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 28 Attachment “B” enclosed within this document illustrates a sample evaluation form used by the City for services provided by the Contractor. 2.12 U.S. PRODUCED IRON AND STEEL Work must comply with the requirements of Section 255.0993, Florida Statutes, which requires any iron or steel product permanently incorporated in the project must be produced in the United States. 2.13 INTENT It is the intent of the Contract Documents to describe a functionally complete Project in accordance with the Plans and Specifications. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words that have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implications, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City, the Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents. 2.14 PERFORMANCE, PAYMENT AND WARRANTY BONDS 2.14.1 If stated on the cover page, the City may request within fifteen (15) calendar days after contract award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish the CITY a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of One Hundred Percent (100%) of the bid award. The Performance Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract; and each bond shall be properly recorded with Palm Beach County. (As stated below) 2.14.2 The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and hold harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. 2.14.3 The required bonds shall remain in full effect for a period of one (1) year following the date on which final payment becomes due, unless otherwise stipulated by applicable law, regulation, or the Contract Documents. Upon issuance of final payment, the bond amount may be reduced to twenty-five percent (25%) of the original Contract price. Alternatively, a separate Warranty Bond may be provided, conditioned upon the Successful Bidder’s obligation to correct any defective or faulty workmanship or materials that become apparent within one (1) year after final completion of the Contract, upon notification by the City. The Warranty Bond shall fully cover the cost of both labor and materials associated with any required corrective work. 791 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 29 2.14.4 Per the requirements of Chapter 255.05 (1) (b), Florida Statutes, the Contractor shall ensure that the Bond or Bonds referenced above shall be recorded in the public records of Palm Beach County. Proof of recording must be submitted to the City prior to issuance of a purchase order. One (1) set of original Performance and Payment Bond documents is required to be provided to the City prior to the issuance of any Notice to Proceed by the City. 2.15 SUBMITTALS Contractor shall submit all required forms and documents as required by this contract including but not limited to bonds, insurance certificates and any required drawings within 15 days from the Award. Additionally, Contractor shall apply for all applicable licenses or permits within 15 days of the Notice to Proceed. 2.16 ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the Boynton Beach City Commission. No such approval will be construed as making the City a part of or to such assignment or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of its liability and obligation under this contract, and despite any such assignment, the City shall deal directly through the Contractor only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that the firm will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 2.17 INSURANCE REQUIREMENTS If a Contractor is providing a service under this Agreement, then the Contractor shall, at its sole expense, always maintain in full force and effect during the life of this Agreement, insurance coverages and limits (including endorsements), as required by the City. Insurance requirements can be found in Attachment “A”. These requirements shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement. All coverages shall be provided on a primary basis with the City endorsed as an Additional Insured as follows: "The City of Boynton Beach". The Contractor shall provide the City with a Certificate of Insurance evidencing such coverages prior to the commencement of any services and within a time frame specified by the City (normally within 2 working days after request). Failure to maintain the required insurance shall be considered a default of the Agreement. It shall be the responsibility of the Contractor to maintain workers’ compensation insurance, professional liability, property damage liability insurance, and vehicular liability insurance; during the time any of his/her personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibility of the Contractor until such time as the items and/or work have been accepted by the City. The Contractor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best’s Key Rating Guide, latest edition. 2.18 TERMINATION The City, by written notice, may terminate in whole or in part any Agreement resulting from this ITB when such action is in the best interest of the City. 792 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 30 If the Agreements(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 2.18.1 DEFAULT AND TERMINATION FOR CAUSE: The City may, by written notice of default to the Contractor, terminate the Agreement in whole or in part if the Contractor fails to satisfactorily perform any provisions of this Agreement, or fails to make progress so as to endanger performance under the terms and conditions of this Agreement, or provides repeated nonperformance, or does not remedy such failure within a period of 30 calendar days after receipt of notice from the City of Boynton Beach specifying such failure. In the event the City terminates the Agreement in whole or in part because of default of the Contractor, the City may procure goods and/or services similar to those terminated, and the Contractor shall be liable for any excess costs incurred due to this action. If it is determined that the Contractor was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the Contractor), the rights and obligations of the parties shall be those provided in Section "Termination for Convenience". 2.18.2 TERMINATION FOR CONVENIENCE OF CITY Whenever the interests of the City so require, terminate the Agreement, in whole or in part, for the convenience of the City. Purchasing shall give fourteen (14) business days prior written notice of termination to the Contractor, specifying the portions of the Agreement to be terminated and when the termination is to become effective. If only portions of the Agreement are terminated, the Contractor has the right to withdraw, without adverse action, from the entire Agreement. Unless directed differently in the notice of termination, the Contractor shall incur no further obligations in connection with the terminated work and shall stop work to the extent specified and, on the date, given in the notice of termination. Additionally, unless directed differently, the Contractor shall terminate outstanding orders and/or subcontracts related to the terminated work. Contractor shall indemnify the City against loss pertaining to this termination. 2.18.3 REMEDIES: No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 2.18.4 FUNDING OUT This result of this Agreement shall remain in full force and effect only if 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. 2.19 DIRECT OWNER PURCHASES The City reserves the right to issue purchase orders for materials to either the Contractor or the City’s suppliers for contracts/construction/public works-related materials when deemed in the City's best interest. 793 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 31 2.20 CONTRACTOR’S RESPONSIBILITY Contractor shall provide sufficient manpower to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. No work shall be performed before 8:00 AM. Exceptions to this schedule may only be made with the City's prior written approval. The Contractor shall provide a qualified, English-speaking superintendent present on the site always, as a fully authorized agent of the Contractor, and capable of making on-site decisions. The Contractor shall be responsible for removing from the job site and properly disposing of all residues at the end of each workday. Any materials or equipment left on site shall be secured by the Contractor, who is fully and totally responsible for security. Loss of materials or equipment due to theft, vandalism, etc. shall be the Contractor's responsibility. Any material left on site overnight shall be properly marked and identified to ensure public safety. 2.21 DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, infrastructures, site amenities, utilities, finishes, irrigation systems, structures, equipment, vehicles, etc., on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. In the event of damage, immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the City. In the event of damage to public and/or private property, the Contractor shall immediately contact the assigned Project Manager and inform the appropriate staff member about the location and extent of the damages. 2.22 PERMITS AND LICENSES The successful Proposer shall be responsible for securing all necessary City, County, State, Federal or other permits as may apply for this project. Proposer shall submit copies of all permits to City. 2.23 SITE INSPECTION – CITY All work will be conducted under the general direction of the Public Works Department and Building Department of the City of Boynton Beach and is subject to inspection by the appointed inspectors to ensure compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization from the aforementioned agencies nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract. 2.24 WAIVER OF LIENS Prior to Final Payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is subject of the Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release the CITY from all claims of liability to the Contractor about the Agreement. 2.25 PAYMENT Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of five percent (5%) will be deducted from each monthly payment through project completion, upon City review and approval. Retainage monies will be released upon satisfactory completion and final inspection of the specific work order. Invoices must bear the bid number, project name, project number, and purchase order number. The City has up to twenty-five (25) business days to review, approve and pay all invoices after receipt of an approved invoice. The Contractor shall invoice the City and provide a written request to the City to commence the one- year warranty period following the completion of all work, inspections, certificates of approvals, punch lists, etc., in accordance with the Contract Documents. All necessary Release of Liens and 794 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 32 Affidavits shall be processed before the warranty period. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. 2.26 CONTRACT DOCUMENTS The contract documents shall consist of the Standard Form of Agreement, Bid Proposal (including all associated attachments, exhibits, appendices, etc.) executed and submitted by the Contractor, plans and specifications (where applicable), any addenda or bond(s), insurance certificate(s), and the City’s Resolution awarding the bid. Any change orders which may be issued after the award of the contract. All documentation MUST be uploaded to the City’s website. 2.27 CHANGE ORDERS Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases, or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to the change order until such change order setting forth the adjustments is approved by the City and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. 2.28 CHANGES TO SCOPE AND ADDITIONAL SERVICES CITY or CONTRACTOR may, from time to time, request changes that would increase, decrease, or otherwise modify the scope of services, as described in the specifications, to be provided under this Agreement subject to the requirements. Such changes or additional work must be in accordance with the provisions of the CITY’s Code of Ordinances, and must be contained in a written amendment, executed by the Parties hereto, with the same formality, equality and dignity herewith prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. CONTRACTOR shall continue to render services while seeking a change order unless such services have not been authorized herein, by written amendment, or change order. Services to be performed while seeking a change order which have not been described herein or in a separate written amendment or change order shall be performed at the CONTRACTOR’S own risk. In no event will the CONTRACTOR be compensated for any work which has not been described either herein or in a separate written amendment or change order. 2.29 CHANGES IN THE WORK/CONTRACT PRICE 2.29.1 CONTRACT PRICE The Contract Price constitutes total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price or Time except as approved in writing by the Project Manager. 2.29.2 CHANGE ORDER The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the Owner/Engineer/Project Manager allows an additional period to ascertain more accurate data in support of the claim) and shall be accompanied by claimant’s written statement that the amount claimed covers all known amounts to which 795 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 33 the claimant is entitled because of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 2.30 CHANGES IN CONTRACT TIME 2.30.1 CHANGE ORDER The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 2.30.2 NOTICE Any claim for an increase or decrease in the Contract Time shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than fifteen (15) calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 2.30.3 BASIS FOR EXTENSION Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. Extensions of time for delays due to Contractor’s inability to perform work in a timely manner, failure to properly coordinate work that causes adverse impact on the project schedule or negligence to properly sequence the work in a manner to meet all project obligations in accordance with the Contract Documents shall not be accepted. 2.31 CITY’S OPTION In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract or remove contract scope as it applies to those items in question and make such arrangements as the City deems necessary to complete the work. The City may recover from the Contractor as damages, the difference between the contract cost for the scope of work and actual cost to perform said work by the City, together with any incidental or consequential damages (including 10% markup) but less expenses saved in consequence of the Contractor’s breach. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a lump sum by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor’s responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the City. 2.32 LOCATION OF EXISTING UTILITIES 2.32.1 Existing GIS Utility map / Record Drawings (As-Builts) utilities may be requested or shown on the drawings. Such information is shown for design and/or general location purposes only, as the City does not guarantee any type of accuracy, completeness or date of data, as this data offered should not be considered a replacement for any due diligence (survey, location or placement of any utilities, determination of flood zones, land use, zoning, or as a description of property or property ownership) that is required by the Contractor. Prior to commencement of construction, the Contractor is responsible for locating existing city 796 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 34 utilities affected by the construction in the field. Such utilities include but are not limited to water mains, force mains, gravity sewers, pump stations, storm sewers, public utilities, electrical, mechanical, plumbing and drain systems. The City will provide to the Contractor available construction drawings for locating existing city utilities. However, the City cannot guarantee the accuracy of drawings or any information related to existing utilities and the City will not assume responsibility or liability for damage resulting from the Contractor incorrectly locating existing utilities. 2.32.2 Damage to any of the City’s utilities incorrectly located by the Contractor or his agents shall be the responsibility of the Contractor and shall be repaired and or replaced to equal or better condition at the Contractor’s expense. 2.32.3 The Contractor shall also be liable for all damages and claims against or by the City arising in any way from damage or interference with such utilities. 2.32.4 No additional compensation shall be allowed to the Contractor for any delays, inconvenience or damage sustained by him due to interference and/or incorrectly locating such utilities or appurtenances. 2.32.5 Numerous utilities not owned by the City exist within the project area that may or may not have been depicted on the drawings. The Contractor shall exercise care in digging and other work so as to not damage existing utilities including overhead utilities and underground cables and pipes. The Contractor is also responsible for contacting the Sunshine State One Call Center of Florida (Sunshine) at 1-800-432-4770 to determine location of underground utilities. Calls to Sunshine must be made at least 48 hours before digging but not more than five (5) days prior. Contractor is responsible for renewing locates if job extends beyond marking period established by Sunshine. Any utility in the vicinity that is not a member of the Sunshine Service must be notified directly. 2.32.6 Should any underground obstructions be encountered that interfere with the work, the City shall be notified at once. The Contractor shall be responsible for the immediate repair of any damage caused by the work and shall be responsible for any disruption of service caused by this damage. 2.33 CONFLICT WITH EXISTING UTILITIES Upon completion of locating existing utilities affected by the proposed construction by the Contractor, and prior to commencement of construction, the Contractor shall examine the alignment of proposed work to be constructed and identify any conflicts with existing utilities. If such conflicts exist, the Contractor shall undertake accurate surveys to determine elevations of utilities and shall notify the Engineer/Project Manager in writing seven (7) working days prior to the scheduled construction. The Engineer/Project Manager may revise the proposed design or recommend ways and means to avoid such conflicts. The Contractor may re-schedule his work so that the construction can be completed on time. No claim for down times by the Contractor shall be allowed. 2.34 CONTINGENCY FUNDING ALL CONTINGENCY SUMS ARE CITY’S CONTINGENCY AND REMAIN THE CITY'S PROPERTY UNTIL EXPENSE IS APPROVED. The contract price shall not include any contingency amounts. If the Contract or schedule of bid prices includes an agreed sum as a contingency, such amount is identified solely for budget purposes and remains the City’s funds. The City may approve the use of contingency funds only for the purpose of defraying the expenses due to unforeseen conditions, extra work, and circumstances relating to construction unless otherwise agreed. Such contingency funds are not for use by the Contractor to cover shortfalls in the Contractor’s bid amount and not for use by the City to increase the scope of work. The Contractor shall obtain prior written approval from City prior to the expenditure of contingency funds, and Contractor will be required to furnish documentation 797 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 35 evidencing expenditures charged to contingency and/or allowances prior to the release of such funds by City. All uncommitted contingency funds shall remain the funds of City. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 798 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 36 SECTION III – GENERAL TERMS AND CONDITIONS SANITARY SEWER GRAVITY MAIN – CIPP PROJECT ITB NO. 25-082B 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 799 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 37 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). 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. 800 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 38 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 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. 801 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 39 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. 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 802 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 40 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. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 803 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 41 SANITARY SEWER GRAVITY MAIN – CIPP PROJECT ITB NO. 25-082B SECTION IV – BID SCHEDULE FORM ITEM NO SC0125 SECTION DESCRIPTION EST QTY UNIT UNIT COST VALUE FURNISH AND INSTALL CIPP REHABILITATION - SANITARY SEWER MAINS A 1.11B 6” DIAMETER – SANITARY SEWER A-1 1.11B 6.0 mm normal thickness (.236) 730 LF $ B 1.11B 8” DIAMETER – SANITARY SEWER B-1 1.11B 6.0 mm normal thickness (.236) 6700 LF $ C 1.11B 10” DIAMETER – SANITARY SEWER C-1 1.11B 6.0 mm normal thickness (.236) 580 LF $ $ D 1.11B 12” DIAMETER – SANITARY SEWER D-1 1.11B 6.0 mm normal thickness (.236) 910 LF $ $ Subtotal Furnish and Install $ CLEANING AND INSPECTION – SANITARY SEWER MAINS E 1.11C LIGHT CLEANING AND INSPECTION – 0% TO 9% or LESS ACCUMULATED DEBRIS E-1 1.11C 6” Diameter 730 LF $ $ E-2 1.11C 8” Diameter 6700 LF $ $ E-3 1.11C 10” Diameter 580 LF $ $ E-4 1.11C 12” Diameter 910 LF $ $ F 1.11C MEDIUM CLEANING AND INSPECTION – 10% TO 29% ACCUMULATED DEBRIS F-1 1.11C 6” Diameter 700 LF $ $ F-2 1.11C 8” Diameter 5500 LF $ $ F-3 1.11C 10” Diameter 500 LF $ $ F-4 1.11C 12” Diameter 910 LF $ $ G 1.11C HEAVY CLEANING AND INSPECTION – 30% or GREATER ACCUMULATED DEBRIS G-1 1.11C 6” Diameter 700 LF $ $ G-2 1.11C 8” Diameter 6000 LF $ $ G-3 1.11C 10” Diameter 500 LF $ $ G-4 1.11C 12” Diameter 910 LF $ $ H 1.11C SPECIALTY CLEANING – REMOVAL OF HARDENED DEBRIS, ROOTS, GREASE, CLARIFICATION, AND TUBERCULATION H-1 1.11C 6" Diameter 700 LF $ $ H-2 1.11C 8" Diameter 6000 LF $ $ H-3 1.11C 10" Diameter 500 LF $ $ H-4 1.11C 12" Diameter 800 LF $ $ 804 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 42 Subtotal Cleaning and Inspection $ ANCILLARY SERVICES I BYPASS PUMPING SETUP AND OPERATION I-1 1.11.D Bypass Pumping Setup 15 DAY $ $ I-2 1.11.E Traffic Control – City Right of Way 15 DAY $ $ Subtotal Ancillary Services $ GENERAL CONDITIONS IN-1 1.11F Indemnification 1 LS $ 25.00 $ 25.00 GC-1 1.11G Mobilization/Demobilization, Bonds, Insurance, Permits 1 LS $ $ Subtotal General Conditions $ TOTAL BID PRICE (In Numbers) TOTAL BID PRICE (In Words) ________________________________________________________________________________ For each bid item, the Bidder agrees to furnish all labor, materials, tools, and equipment necessary to properly perform the work described herein and on the project drawings and specifications. A more detailed description of Pay Items is located throughout the Technical Specifications. It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award the bid by low total per item, by low total per group of items, whichever appears to be in the best interest of the City. In the event of latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. 805 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 43 APPENDIX ‘A’ DRAFT - AGREEMENT CONSTRUCTION (CONTRACTOR) 806 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 44 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ________________________ FOR ________________________ 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 _______________, a _______________ authorized to do business in the State of Florida, with a business address of _______________________________, hereinafter referred to as the “Contractor,” (each a “Party” and collectively the “Parties”). WHEREAS, ________________________________________; and WHEREAS, on _____________, the Purchasing Division issued _________________________ (the “ITB”) for the _______________________________Project (the “Project”); and WHEREAS, Contractor responded to the ITB by submitting its Bid dated ______________ (the “Bid”); and WHEREAS, the City has selected the Contractor to perform construction services related to the Project; and, WHEREAS, at its meeting of _________________________, 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. SCOPE OF WORK. The Contractor shall furnish all construction services necessary for the complete and proper construction of the Project, if not expressly indicated or called for in the Contract Documents (as defined in Article 10 below), and includes all labor, equipment, machinery, tools, materials, manufactured articles, supplies, documents, permits, traffic control, transportation, security, and other services and incidentals, including fuel, power, light, water, sanitary facilities, temporary facilities, and essential communications, and the costs of bonds, insurance, permitting, taxes warranties, general conditions, overhead and miscellaneous costs or expenses, necessary to construct the Project as described in the ITB and shown in the Contract Drawings and described in the technical specifications for the Project, and to fulfill Contractor's obligations under this Agreement as described in the Scope of Work detailed in the ITB (collectively the “Project” or the “Work”). 807 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 45 Article 2. CONSULTANT. Shall mean _______________________, who has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to the Consultant in connection with the completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME, TERMINATION, LIQUIDATED DAMAGES. 3.1 Contract Time. Time is of the essence for this Agreement. The Contractor shall proceed with the Work and conform to the Project Schedule attached as Exhibit A. Work shall commence on the date Notice to Proceed is issued by the City and be fully completed in accordance with the General Conditions, with such extensions of time as are provided in the General Conditions (the “Contract Time”). The Work will be substantially completed within ____________ (____) calendar days from the issuance of Notice to Proceed when the Contract Time commences to run as provided in Paragraph 2.3 of the General Conditions and completed and ready for final inspection and payment in accordance with Paragraph 14.9 of the General Conditions within ____________ (____) calendar days from the date of Substantial Completion (the “Contract Time”). 3.2 Termination for Convenience. This Agreement may be terminated in whole or in part by City for convenience, without cause, upon providing seven (7) business days' written notice to Contractor for such termination in accordance with Paragraph 15.3 of the General Conditions. Upon such termination, the Contract Price earned to the date of termination shall be paid to the Contractor, but the Contractor waives any claim for damages, including loss of profits, arising out of or related to the early termination. Contractor may not recover overhead or profit for Work not performed. Those Agreement provisions that, by their nature, survive final payment shall remain in full force and effect. 3.3 Termination for Cause. In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained or as set forth in Paragraph 15.2 of the General Conditions, if such neglect or failure shall continue for thirty (30) days after receipt by Contractor of written notice of such neglect or failure. If Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify City against loss pertaining to this termination. If the City terminates this Agreement for cause, the Contractor shall not be relieved from any of its obligations under the Contract Documents and shall not be entitled to receive any further payment until the City’s costs to complete the Work are determined. In no event shall the Contractor receive any payment for Work finished by the City. The City shall determine its costs incurred in completing the Work, including fees and charges to contractors, fees of engineers/architects, attorney and other professional fees, court costs, and other damages incurred by the City. The City shall not be required to obtain the lowest price for the Work to be performed, but the costs paid by the City must be reasonable. If the Contract Price exceeds the City’s costs to finish the Work, the City shall retain the excess. If the City’s costs exceed the unpaid balance, the Contractor shall pay the difference to the City. This obligation for payment shall survive the termination of this Agreement and final payment. If the Contractor's Surety is directed or agrees to complete the Work, all payments due after termination shall be made to the Surety until the Work is complete and/or the Contract price has 808 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 46 been expended. The Surety shall then be responsible for all of the obligations and duties of the Contractor under the Contract Documents and shall be bound by the conditions of the Contract Documents, this Agreement, and the Bond to fulfill all obligations of the Contract Documents for the Contract Price in effect as of termination. The Surety may not assign those obligations without the City's written consent. The Surety shall be responsible for paying all costs relating to the Contractor's termination. Contractor and its Surety shall be jointly and severally liable for all costs over the Contract Price for completion of the Work and Liquidated Damages. If, upon termination for cause, it is determined that the Contractor was not in default, the rights and obligations of the Parties shall be as if the notice of termination had been issued for the City’s convenience. 3.4 Contractor Obligations Upon Termination. Upon receipt of written notice from City of termination, Contractor shall: (i) cease operations as directed by City in the notice; (ii) take actions necessary, or that City may direct for the protection and preservation of the Work; (iii) except for Work directed to be performed before the effective date of termination stated in the notice, and if directed by City, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders; and (iv) turn over all marked up Construction Drawings and record set documents showing progress to date. The City may assume and become liable at its sole discretion for obligations, commitments, and unsettled contractual claims that the Contractor has previously undertaken or incurred in good faith in connection with said project. City shall reimburse Contractor for any unpaid and earned project cost as of the termination date, less damages or setoffs applicable under the Contract Documents. The Contractor shall, as a condition of receiving the payments referred to herein, execute and deliver all such papers and take all such steps, including the legal assignment of its contractual rights, as the City may require for fully vesting in it the rights and benefits of the Contractor under such obligations or commitments. 3.5 Liquidated Damages. The City and Contractor recognize and acknowledge that time is of the essence for the Contractor’s performance of this Agreement and that the City will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The Contractor shall pay the City ________ Dollars ($_______) per calendar day for each day or part of a day after scheduled substantial completion, as specified in Paragraph 3.1 that Substantial Completion is not achieved until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City, Contractor shall pay City ________________ ($_______) per calendar day for each day or part of a day that final completion is not achieved after the time specified in Paragraph 3.1 for final completion and readiness for final payment. (the “Liquidated Damages”). The Contractor further acknowledges that the City is entitled to deduct any Liquidated Damages to which the City is entitled from the final payment to the Contractor. If the amount of Liquidated Damages due to the City exceeds the final payment amount, the Contractor shall pay the difference to the City. This obligation for payment shall survive 809 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 47 the expiration or termination of this Agreement and final payment. The City does not waive any rights or other remedies under this Agreement by collecting Liquidated Damages. Liquidated Damages will continue to be charged in the event of the Contractor’s default and continuation of the Work by City or Surety. The Parties agree that the amounts established in this section are not penalties but are Liquidated Damages to the City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated Damages are hereby fixed and agreed upon between the Parties based on (1) mutual recognition of the impossibility of precisely ascertaining the amount of damages that the City will sustain as a consequence of the Contractor’s failure to obtain Substantial Completion, Final Completion, or both timely; and (2) both Parties’ desire to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to achieve Substantial Completion, Final Completion, or both, on time. These Liquidated Damages shall apply separately to each portion of the Project for which a deadline for Substantial Completion, Final Completion, or both is given. Liquidated Damages do not address costs incurred by the City or Consultant in having the Consultant administer the construction of the Project beyond the deadlines for Substantial Completion, Final Completion, or both. The Contractor is separately responsible to the City for the actual costs referenced above, pursuant to Article 13. Article 4. CONTRACT PRICE. The City agrees to pay the Contractor for the completion of all Work and the Project, and the Contractor will accept, as full compensation for the completion of the Work, a total sum as follows: Based on the Contract Price(s) shown in the Bid Form submitted to the City as may have been subsequently negotiated and as stated herein, a copy of such Bid Form attached hereto as Exhibit B, the aggregate amount of this Agreement (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: __________________________ ($__________) (the “Contract Price”), subject only to adjustment as provided in the General Conditions. Contingency Funds. All contingency sums are the City’s contingency and remain the City's property until the expense is approved. The Contract Price shall not include any contingency amounts. If this Agreement or schedule of bid prices includes an agreed sum as a contingency, such amount is identified solely for budget purposes and remains the City’s funds. The City may approve the use of contingency funds only to defray expenses due to unforeseen conditions, extra work, and circumstances relating to construction, unless otherwise agreed. Such contingency funds are not for use by the Contractor to cover shortfalls in the Contractor’s bid amount, nor for use by the City to increase the scope of work. Contractor shall obtain prior written approval from the City before the expenditure of contingency funds, and Contractor will be required to furnish documentation evidencing expenditures charged to contingency and/or allowances before the release of such funds by the City. All uncommitted contingency funds remain the funds of the City. Contingency. City and Contractor agree that the Project budget shall include City’s contingency, which shall be utilized as outlined above. The Contingency shall be ____% or $______________ to account for any unforeseen conditions only approved by the City Manager. 810 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 48 Article 5. PAYMENT PROCEDURES. The Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. The City will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. A. The Contractor may submit an Application for Payment as recommended by the Consultant for Work completed at intervals of no more than once a month. All progress payments will be based on the progress of Work measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and, in the case of Unit Price Work, based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. The Schedule of Values must be reviewed and approved by the City before the first Application for Payment is submitted B. Before Substantial Completion, progress payments will be made in an amount equal to 95% of the Work completed, but, in each case, less the aggregate of payments previously made and less such amounts as the Consultant shall determine, or the City may withhold, in accordance with Paragraph 14.5 of the General Conditions. C. Contractor shall submit with each Application for Payment, an updated progress schedule acceptable to the City and a Warranty of Title/Release of Liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the City for approval. The City shall pay the Contractor within thirty (30) calendar days after approval by the City of the Contractor’s Application for Payment and submission of an acceptable updated progress schedule. 5.2 Withheld Payments. The City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss if: A. Defective Work or material is not remedied. B. Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor. C. The Contractor fails to properly pay subcontractors for materials or labor or vendors and manufacturers for equipment, supplies, and materials. D. Damage to the City or another Contractor that remains unresolved. E. Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. F. Reasonable evidence that the Work cannot be completed within the schedule. G. Repeated failures to carry out the Work in accordance with the Contract Documents. H. The Contractor is in default of any condition of this Agreement. I. The Contractor fails to submit information required by this Agreement. J. Lapse of Contractor’s insurance coverage. K. Claims filed or reasonable evidence indicating public filing of claims by the City or third parties against the Contractor. L. The City has the right to claim Liquidated Damages or costs incurred by the City for extended construction administration. M. Failure of Contractor to provide any document(s) required by the Contract Documents. 811 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 49 When the above grounds are removed or resolved, or the Contractor provides a Performance Bond, Surety Bond, or consent of Surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 5.3 Retainage. All retainage shall be withheld in accordance with Florida law, including but not limited to Sections 255.077 and 255.078, Fla. Stat. The City shall withhold retainage of five percent (5%) of all monies earned by the Contractor from each progress payment paid to the Contractor until Final Completion of the Work (defined as that point at which the Contractor has performed one hundred percent (100%) of the Work) has been reached and acceptance by City. Within 30 calendar days after reaching the earlier of substantial completion or beneficial occupancy, the City and the Contractor will inspect the Work and develop a punch list covering those items required to render complete, satisfactory, and acceptable Work. The punch list will include a schedule of values that provides the estimated cost to complete each item on the punch list. If the City and Contractor cannot agree on an item or value, the City has final discretion on whether to include an item and the amount for valuation of the cost to complete each item on the punch list. Within twenty (20) business days after the creation of the final punch list, the City shall pay the Contractor the remaining contract balance, including any retainage, less one hundred fifty percent (150%) of the amount listed in the final punch as the cost to complete the punch list items. Upon final acceptance for an item or all items, the 150 percent withheld for each item will be released with the final payment. For projects valued at $10 million or more, the 30 calendar days may be extended to 45 calendar days. If the City has grounds under Florida law to continue to retain all or a portion of the requested retainage, the City may continue to hold all retainage. If the Work is not on schedule when the request for payment of retainage is submitted, the City may continue to hold all retainage and charge the Contractor all applicable Liquidated Damages authorized by Article 3 above. 5.4 Final Payment. Upon completion of all requirements for substantial completion and final completion and acceptance of the Work in accordance with Paragraph 14.10 of the General Conditions, the City shall pay the remainder of the Contract Price and release any retainage, as recommended by the Consultant as provided in Paragraph 14.10. The Contractor acknowledges that final payment shall not be made until the City receives a consent of Surety. Additionally, before final payment, the Contractor shall submit a final waiver and release of lien, as well as final releases from all suppliers and subcontractors who worked on the Project. The making and acceptance of the final payment shall constitute a waiver and release of all claims by the Contractor, except those previously made in writing and still unsettled. If the Contractor fails to submit all documents required for final payment within one (1) year after final completion, any amounts owed as final payment shall be forfeited. The City shall provide written notice to the Contractor at least sixty (60) days before forfeiture. Forfeiture will not apply to documents that are the subject of existing claims or pending legal proceedings. 5.5 Local Government Prompt Payment Act. All payments shall be governed by the Local Government Prompt Payment Act, as outlined in Part VII, Chapter 218, Fla. Stat. 812 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 50 5.6 Payment Where Public Construction Bond Required. If this Agreement requires the Contractor to provide a Public Construction Bond of Performance and Payment Bonds, no payment shall be made by the City to the Contractor until the Contractor has provided the City with a certified copy of the Bond(s) evidencing that said Bond(s) have been recorded with the Clerk of the Courts in the Public Records of Palm Beach County, in accordance with Section 255.05, Fla. Stat. Article 6. BONDS. The Contractor shall provide bonds in accordance with Article 5 of the General Conditions. 6.1 Performance Bond. In accordance with the provisions of Section 255.05, Fla. Stat., and as required by the Contract Documents, the Contractor shall provide, on forms furnished by the City, a Public Construction Bond in an amount not less than the total Contract Price by a Surety Company acceptable to City. The Bond shall guarantee the Contractor’s performance and payments to all claimants, as defined in Section 255.05(1), Fla. Stat., supplying the Contractor with labor, materials, or supplies used directly or indirectly in the Work provided for in this Agreement. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, the Contractor agrees that the following language shall be expressly included within the language of its Bond: “The Surety expressly agrees to be bound by all terms and conditions related to Liquidated Damages, delay and time, or impact-related damages. The Surety shall be bound by the warranty or warranties contained in the Contract Documents and shall be responsible for any and all warranty obligations or damages resulting from latent defects or deficiencies in the Work performed under this Agreement. The Surety waives all rights against the City and its agents and employees for damages or other causes of loss by the Surety’s performance of its obligations under this Bond, including claims by Surety against the City for costs it asserts were not warranted by the Contract Documents, excluding only such rights as the Surety shall have to proceeds of such insurance held by City as fiduciary.” 6.2 Performance Bond and Payment Bond. Alternatively, the City may accept a Performance Bond and a Payment Bond, each in the amount not less than the total Contract Price, by a Surety acceptable to the City, on a form furnished by, or acceptable to, the City, instead of the Public Construction Bond. 6.3 Recording of Bond. Within ten days after receipt of the fully executed contract, the Contractor shall record its Bond(s) in the public records of Palm Beach County and provide a certified copy of the recorded Bond to the City in accordance with Section 255.05, Fla. Stat. 6.4 Surety. To be acceptable to the City, a Surety Company shall comply with the following provisions: (1) The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Department of Insurance, authorizing it to write surety bonds in the State of Florida. 813 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 51 (2) The Surety Company shall have a valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. (3) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. (4) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code when the Contractor submits its Bid. (5) The Surety Company shall have at least the ratings of A-/Class V. (6) The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten percent (10%) of its surplus to policyholders. Article 7. CONTRACTOR GUARANTEE. For one (1) year after the date of Final Completion of the complete Work (and not from final completion of component parts of the Work) or for such longer periods as may be set forth with respect to specific warranties contained in the specifications (the “Warranty Period”), Contractor warrants to City that the Work will conform to the requirements of the Contract Documents and will be free from defects and fit for the purpose for which they were intended. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by or under the Contractor, improper or insufficient maintenance by the City, improper operation by the City, or normal wear and tear and regular usage. Warranty by Contractor shall not be construed as a waiver by City of any other contract or legal remedy. Article 8. CHANGE ORDER. Except as otherwise provided in the General Conditions, this Agreement shall only be modified by a written Change Order executed by the Contractor and City. Commencing Work without a written Change Order or Change Directive executed by the City before the commencement of Work waives any claim by the Contractor to an adjustment to the Contract Price and the Contract Time related to such Work. It is expressly and specifically agreed that any and all claims for changes to the Contract Time due to delay shall be waived if not submitted in strict accordance with the requirements of the General Conditions. The Contractor waives all of its rights, including, but not limited to, claims for Contract Time and Contract Price adjustments if the Contractor fails to strictly comply with the requirements of the General Conditions. Article 9. CONTRACTOR’S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the Work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the Work, and the general and local conditions. Execution of this Agreement by the Contractor is a representation that the Contractor has visited the site, reviewed any design criteria furnished by the City, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. The Contractor deems its inspection of the site and review of information furnished by the City to be an adequate investigation. The Contractor 814 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 52 represents that the plans and specifications are consistent, practical, feasible, and constructible within the scheduled construction time. The Contractor affirmatively covenants that the Contractor has observed no defects or discrepancies in the plans, specifications, or site and that if, during construction, any discrepancies, defects, etc., are discovered by or made known to the Contractor, the Contractor shall immediately communicate the same to the City. Article 10. CONTRACT DOCUMENTS. The term “Contract Documents” shall include all the terms and conditions and Project requirements contained in this Agreement, the Invitation to Bid, and the following documents, all of which, taken together, are incorporated herein and form the Contract Documents. The Contract Documents constitute the entire agreement between the Contractor and City and supersedes all prior verbal and written agreements, understandings, negotiations, and discussions between the Parties. The terms and conditions of any Invitation to Bid issued regarding the Project and Work is incorporated herein and made a part of this Agreement. No verbal agreement or conversation with any City officer, agent, or employee before or after execution of this Agreement shall affect or modify any of the terms or obligations contained in any of the documents comprising this Agreement. For convenience, not all of the Contract Documents may be attached to this Agreement, but they make up the Contract Documents, regardless of whether they are attached. 10.1 Contract 10.2 Insurance Advisory 10.3 General Provisions of Construction 10.4 Invitation to Bid 10.5 Instructions to Proposers / Bidders 10.6 Contractor’s Bid (including the Bid, Schedule(s), Submission Requirements of Proposer / Bidder, and all required certificates, affidavits, and other documentation) 10.7 Special Terms and Conditions 10.8 City Construction Standards and Details (available online at: PW Engineering: https://www.boynton-beach.org/760/Engineering-Standards-Manual and Utilities Engineering: https://www.boynton-beach.org/691/Utilities-Engineering-Division) 10.9 Technical Specifications / Special Conditions for Construction 10.10 Contractor’s Bid Bond, Performance, and Payment Bond The Contract Documents are complementary, and wherever possible, the provisions of the documents shall be construed to avoid conflicts between the provisions of the various documents. In the event of a conflict, the more specific or more recent document shall control, generally in the order provided above. Article 11. NOTICE. All notices required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave Boynton Beach, FL 33435 Telephone No. (561) 742-6000 815 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 53 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: _______________________________ _______________________________ _______________________________ _______________________________ Article 12. 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 13. 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 Agreement using unilateral credit Change Orders issued by City as costs are incurred by the Consultant and agreed to by City. 816 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 54 Article 14. FLORIDA’S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Fla. Stat. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the City to perform the service; b. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the Contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, d. Upon completion of the Contract, the Contractor shall transfer to the City all public records in the Contractor’s possession at no cost to the City. 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 compatible with the City's information technology systems. e. 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 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-606 CityClerk@bbfl.US Article 15. E-VERIFY. The Contractor shall comply with Section 448.095, Fla. Stat., “Employment Eligibility,” including registering and using 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 termination date. If this Agreement is terminated for the Contractor’s violation of the statute, the Contractor may not be awarded a public contract for one (1) year after the termination date. Article 16. REPRESENTATIONS OF CONTRACTOR. 16.1 Authority. The Contractor represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of the Contractor and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that the Contractor has with any third party or violates applicable law. The Contractor further represents and warrants that execution of this Agreement is within the Contractor’s legal 817 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 55 powers, and each individual executing this Agreement on behalf of the Contractor is duly authorized by all necessary and appropriate action to do so on behalf of the Contractor and does so with full legal authority. The Contractor, by execution of this Agreement, binds itself, its partners, successors, assigns, and legal representatives to all covenants, agreements, and obligations contained in this Agreement. 16.2 Duly Licensed. The Contractor represents that it is duly licensed to perform the services under this Agreement and will continue to maintain all licenses and approvals required to conduct its business. 16.3 Compliance with Laws. The Contractor shall comply with all applicable City, State, and Federal laws relating to the scope of work under this Agreement, now or hereafter in effect. It shall not be grounds for a change order that the Contractor failed to investigate the codes and regulations of all applicable government agencies with jurisdiction over the Work. 16.4 Lobbying Certification. The Contractor certifies to the best of its knowledge and belief that no funds or other resources received from the state in connection with this Agreement will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 16.5 Non-Collusion. In accordance with Section 838.22, Fla. Stat., the Contractor certifies that it has not entered into any agreement to commit a fraudulent, deceitful, unlawful, or wrongful act or any act which may result in an unfair advantage over other bidders or contractors. 16.6 Non-Discrimination. In performing under this Agreement, the Contractor shall not discriminate against any person because of race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital status, or sexual orientation. Contractor or its subcontractor shall not unlawfully discriminate (as proscribed by federal, state, county, city, and any other local law) against any employee, city employee working with Contractor or its subcontractor, or applicant for employment with such Contractor or subcontractor based on that person's race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital status, or sexual orientation, or association with members of such protected classes. The Contractor and its subcontractor(s) shall take action to ensure that applicants are not discriminated against and that employees are treated equally during employment. 16.7 Entities of Foreign Concern. The provisions of this section apply only if the Contractor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. The Contractor represents and certifies: (i) the Contractor 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 the Contractor; and (iii) the Contractor 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, the Contractor and any subcontractor that will have access to personal identifying information shall submit to the City executed affidavit(s) under penalty of perjury, in a form approved by the City attesting that the entity does not meet any of the criteria in Section 287.138(2), Fla. Stat. Compliance with the requirements of this section is included in the requirements of a proper invoice for purposes of payment. Terms used in this section that are not otherwise 818 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 56 defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Fla. Stat. 16.8 Anti-Human Trafficking. On or before the Effective Date, the Contractor shall provide the City with an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section 787.06(13), Fla. Stat. 16.9 Public Entity Crime Act. The Contractor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Fla. Stat., and represents that its entry into this Agreement will not violate that Act. The Contractor further represents that there has been no determination that it committed a “public entity crime” as defined by Section 287.133, Fla. Stat., 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 Contractor has been placed on the convicted vendor list. 16.10 Discriminatory Vendor and Scrutinized Companies Lists; Countries of Concern. Contractor represents that it has not been placed on the “discriminatory vendor list” as provided in Section 287.134, Fla. Stat., and that it is not a “scrutinized company” pursuant to Sections 215.473 or 215.4725, Fla. Stat. Contractor represents and certifies that it is not, and for the duration of this Agreement will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Fla. Stat. Contractor represents that it is, and for the duration of this Agreement will remain, in compliance with Section 286.101, Fla. Stat. 16.11 Federal Labor / Employment Laws. In accordance with Section 255.20, Fla. Stat., the Contractor represents that it has not been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects such as safety, tax withholding, workers’ compensation, reemployment assistance or unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years. 16.12 Unauthorized Aliens. The knowing employment by the Contractor or its sub-contractors of any alien not authorized to work by the immigration laws or the Attorney General of the United States is prohibited and shall be a default of this Agreement, which results in unilateral termination. The Contractor further represents that it is not in violation of any laws relating to terrorism or money laundering, including Executive Order No. 13224 on Terrorist Financing. 16.13 Safety and Environmental Laws. In performing the Work, the Contractor shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards, applicable environmental laws, and any other applicable rules, regulations, and permits. The Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel throughout the term of this Agreement. Upon request, the Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. 16.14 Contingency Fee. The Contractor represents and warrants that it has not employed or retained any person or entity, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person or entity, other than a bona fide employee working solely for the Contractor, 819 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 57 any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. If this Agreement is subject to Section 287.055, Fla. Stat., the Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a), Fla. Stat., is deemed included and fully incorporated herein. 16.15 Truth-In-Negotiation Representation. The Contractor’s compensation under this Agreement is based upon its representations to the City. The Contractor certifies that the wage rates, factual unit costs, and other information supplied to substantiate the Contractor’s compensation, including, without limitation, in the negotiation of this Agreement, are accurate, complete, and current as of the date the Contractor executes this Agreement. In its sole discretion, the Contractor’s compensation may be reduced by the City to correct any inaccurate, incomplete, or noncurrent information provided to the City as the basis for the Contractor’s compensation in this Agreement. Article 17. LIENS. The Contractor acknowledges that no liens may attach to the subject improvements and property as a public project. Nevertheless, the Contractor agrees to keep the project, the buildings thereon, and the property free of liens for or on account of any work done or materials furnished under this Agreement. In the event any such lien is filed, Contractor shall, within five (5) days after written notice by City, discharge the lien(s) or cause a satisfaction of such lien(s) to be recorded in the Public Records of Palm Beach County, Florida, or post a bond sufficient to release the lien(s) and cause the Clerk of the Circuit Court of Palm Beach County to discharge such lien, as may be appropriate. In the event Contractor fails to discharge or bond the lien(s), City shall have the right, but not the obligation, to discharge or bond the lien(s) and shall have the right to retain out of any payment then due or thereafter to become due to the Contractor, monies sufficient to discharge the amount of such lien(s) and City’s costs and reasonable attorneys’ fees incurred. Article 18. IRON AND STEEL PRODUCTS. If this Agreement is for a “public works project” as defined in Section 255.0993, Fla. Stat., then any iron or steel product permanently incorporated in the project must be produced in the United States, unless specifically exempted in writing by the City in accordance with Section 255.0993, Fla. Stat. Article 19. INSURANCE. During the performance of the Work under this Agreement, the Contractor shall maintain the insurance policies required by the Insurance Advisory in the Contract Documents and the General Conditions and provide originals or certified copies of all policies to the City’s Risk Manager. All policies shall be written by an insurance company authorized to do business in Florida. The Contractor shall be required to obtain all applicable insurance coverage before commencing any Work under this Agreement. Article 20. DEFAULT OF CONTRACT & REMEDIES. 20.1 Correction of Work. If in the judgment of the City, Work provided by the Contractor does not conform to the requirements of this Agreement, or if the Work exhibits poor workmanship, the City reserves the right to require that the Contractor correct all deficiencies in the Work to bring the Work into conformance without additional cost to City, 820 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 58 and/or replace any personnel who fail to perform per the requirements of this Agreement. City shall be the sole judge of non-conformance and the quality of workmanship. 20.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by the Contractor: 20.2.1 The abandonment of the project by the Contractor for more than seven (7) calendar days. 20.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement, or neglect or refusal to comply with the instructions of the City’s designee. 20.2.3 The failure by Contractor to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by Contractor, where such failure shall continue for seven (7) calendar days after written notice thereof by City to Contractor; provided, however, that if the nature of Contractor's default is such that more than seven (7) calendar days are reasonably required for its cure, then Contractor shall not be deemed to be in default if Contractor commences such cure within said seven (7) calendar day period and thereafter diligently prosecutes such cure to completion. 20.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by Contractor or any other party in a manner not expressly permitted hereunder. 20.2.5 The making by the Contractor of any general assignment or general arrangement for the benefit of creditors, or the filing by or against Contractor of a petition to have Contractor adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Contractor, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Contractor's assets, or for Contractor’s interest in this Agreement, where possession is not restored to Contractor within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of Contractor's assets, or for Contractor's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 20.3 Remedies in Default. In case of default by the Contractor, the City shall notify the Contractor, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct the Contractor to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect, or default is not cured within thirty (30) days of when the City sent notice, the City may declare a default of the Agreement and notify the Contractor of such declaration of default and terminate the Agreement for cause in accordance with Section 3.3 of the Agreement. The Surety on the Performance Bond shall, within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of the Contractor and proceed to perform services under the Agreement, at its own cost and expense. City shall have all other rights available at law, in equity, or as otherwise described in the General Conditions. Article 21. SOVEREIGN IMMUNITY. 821 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 59 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 Section 768.28, Fla. Stat. Article 22. FORCE MAJEURE. If the performance of this Agreement, or any obligation hereunder, is prevented by reason of hurricane, earthquake, or other casualty caused by nature, epidemic, pandemic, or other public health emergency, or by labor strike, war, or by a law, order, proclamation, regulation, ordinance of any governmental agency (collectively, “Force Majeure Event”), the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent of such prevention, provided that the affected Party shall first have taken reasonable steps to avoid and remove such cause of non-performance and shall continue to take reasonable steps to prevent and remove such cause, and shall promptly notify the other Party in writing and resume performance hereunder whenever such causes are removed; provided, however, that if such inability to perform due to the Force Majeure Event exceeds sixty (60) consecutive days, the Party that was not prevented from performance by the Force Majeure Event has the right to terminate this Agreement upon written notice to the other Party. This section shall not supersede or preclude the exercise of any right either Party may otherwise have to terminate this Agreement. Article 23. MATERIALITY AND WAIVER OF BREACH. Each requirement, duty, and obligation outlined in this Agreement was bargained for at arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation outlined in this Agreement is substantial and essential 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 as 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. Article 24. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor concerning the Work provided under this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security, or for contributing to the state industrial insurance program, or otherwise assuming the duties of an employer with respect to the Contractor or any employee of the Contractor. The Contractor shall not have the right to bind the City to any obligation not expressly undertaken by the City under this Agreement. Article 25. OWNERSHIP AND USE OF DOCUMENTS. Any and all Construction Drawings produced for the City become the property of the City without additional payment by the City. The Contract Documents, in whole or in part, are to be used by the Contractor only for the Project and the Work and shall not be used by the Contractor for any other purpose without written authorization by the City. This prohibition shall survive the completion or termination of this Agreement. The Contractor may retain copies of Contract Documents for record purposes. 822 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 60 For security reasons, building plans, construction drawings, security features, technical details, and specifications of City-owned facilities are not public documents. The Contractor may share these documents with employees and subcontractors as needed to perform the Work; however, the Contractor and its subcontractors shall not release such plans, drawings, and specifications to any other third party without the City’s prior written approval. Upon expiration or termination of this Agreement, any and all Construction Drawings and documents shall become the property of the City and shall be delivered by the Contractor to the City within seven (7) days after expiration or termination. Any compensation due to the Contractor may be withheld until all documents are received as provided in this Agreement. Article 26. ATTORNEY’S FEES. If either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees, expenses, and court costs through trial and appeal. Article 27. WAIVER OF CHAPTER 558, FLORIDA STATUTES. Pursuant to Section 558.005(1), Fla. Stat., the Contractor and City agree to opt out of the requirements of Chapter 558, Fla. Stat. Article 28. SURVIVAL. The Contract Documents and the Contractor's obligation to perform corrective Work survive the final completion of the Work and final payment. Article 29. TERMINATION FOR NON-APPROPRIATION. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein, as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year before costs are incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the work or services to be rendered or paid for in succeeding fiscal years. If funds to finance this Agreement become unavailable, the City may terminate this Agreement without penalty on the last day of the fiscal period for which funds were legally available. The City shall be the sole and final authority regarding the availability of funds. Article 30. THIRD-PARTY BENEFICIARIES. Neither Contractor 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. Article 31. GOVERNING LAW; JURISDICTION; VENUE; LITIGATION. 31.1 The Contract Documents shall be construed and interpreted, and the rights of the Parties hereto determined, in accordance with Florida law without regard to conflicts of law provisions. 823 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 61 31.2 The Contractor and City submit to the jurisdiction of Florida courts and federal courts located in Florida. The Parties agree that the proper venue for any suit concerning this Agreement shall lie exclusively in Palm Beach County, Florida, or the Federal Southern District of Florida. The Contractor agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. 31.3 WAIVER OF JURY TRIAL. THE CITY AND CONTRACTOR HEREBY MUTUALLY KNOWINGLY, WILLINGLY, AND VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY. NO PARTY NOR ANY ASSIGNEE, SUCCESSOR, OR LEGAL REPRESENTATIVE OF THE PARTIES (ALL OF WHOM ARE HEREINAFTER REFERRED TO AS THE “PARTIES”) SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER LITIGATION PROCEEDING BASED UPON OR ARISING OUT OF THE CONTRACT DOCUMENTS, OR ANY COURSE OF ACTION, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS RELATING TO THIS AGREEMENT. THE PARTIES ALSO WAIVE ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY NEGOTIATED BY THE PARTIES. THE WAIVER CONTAINED HEREIN IS IRREVOCABLE, CONSTITUTES A KNOWING AND VOLUNTARY WAIVER, AND SHALL BE SUBJECT TO NO EXCEPTION. NEITHER THE CITY NOR THE CONTRACTOR HAS IN ANY WAY AGREED WITH OR REPRESENTED TO THE OTHER OR ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. THIS PARAGRAPH'S PROVISIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. Article 32. CONTROLLING PROVISIONS. Except as otherwise explicitly provided herein, in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of the ITB and/or Bid, the provisions shall be given precedence in the following order: (1) this Agreement, (2) the ITB; and (3) the Bid. Wherever possible, the provisions of the documents shall be construed in such a manner as to avoid conflicts between the provisions of the various documents. Article 33. REGULATORY CAPACITY. Notwithstanding the fact that the City is a municipal corporation with certain regulatory authority, the City’s performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If the City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred under the City’s regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to the City as a Party to this Agreement. Article 34. PRIOR AGREEMENTS, AMENDMENTS, ENTIRE AGREEMENT. This Agreement, including the ITB, the Bid, and the Exhibits incorporated into it in their entirety, embodies the entire agreement and understanding of the Parties concerning the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter. This Agreement may only be 824 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 62 modified by a written amendment duly executed by the authorized representatives of the City and Contractor. Article 35. 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. Article 36. ASSIGNMENT. The Contractor shall not assign this Agreement in whole or in part without the written consent of the City, which may be withheld, conditioned, or delayed at the City’s sole discretion. The Contractor shall not assign any monies due or to become due to it hereunder without the previous written consent of the City and Contractor’s Surety, with the Contractor acknowledging that until the final payment request is approved, the amount of monies due or to become due to Contractor or that may be due from Contractor to City has not been fixed or finally determined. Assigning this Agreement shall not relieve the Contractor or its Surety from any contract obligations. Article 37. NO WAIVER. The City’s failure to enforce any provision of this Agreement shall not be deemed a waiver of its right or power to enforce such provision or a modification of this Agreement. The failure to assert a breach of a provision of this Agreement shall not be deemed a waiver of such breach or any subsequent breach, nor shall it be construed to be a modification of the terms of this Agreement. Article 38. 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. Article 39. EFFECTIVE DATE. This Agreement shall become effective on the date it is executed by the last Party to sign the Agreement (the "Effective Date"). The Effective Date shall be the date of the last signature below." (SIGNATURES ON FOLLOWING PAGE) 825 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 63 IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. CITY OF BOYNTON BEACH, FLORIDA CONTRACTOR NAME _________________________________ ________________________________ Rebecca Shelton, Mayor ________________________________ Date Approved as to Form: __________________________________ (Signature), Company ________________________________ Print Name of Authorized Official ________________________________ Title ________________________________ Date Shawna G. Lamb, City Attorney Attested/Authenticated: __________________________________ Maylee DeJesus, City Clerk (Corporate Seal) Attest/Authenticated: _________________________________ (Signature), Witness __________________________________ Print Name 826 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 64 CORPORATE ACKNOWLEDGEMENT STATE OF _________________) COUNTY OF _________________) The foregoing instrument was acknowledged before me by means of □ physical presence or □ online notarization, this _____________day of _______, 20__, by ______________, as ________________ of ________________________, a __________________, on behalf of the company. They are personally known to me or have produced ____________ as identification. _________________________________ NOTARY PUBLIC ___________________________________ (Name of Notary Typed, Printed, or Stamped) ______________________________ Commission No. 827 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 65 EXHIBIT A PROJECT SCHEDULE 828 City of Boynton Beach Purchasing Division 25-082B Sanitary Sewer Gravity Main – CIPP Project 66 EXHIBIT B CONTRACT PRICE BID FORM 829 America's Gateway to the Gulfstream ATTACHMENT “A” 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. 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. DIVISION OF RISK MANAGEMENT 100 E. Ocean Avenue Boynton Beach, Florida 33435 (P): 561-742-6271 | (F): 561-742-6274 www.boynton-beach.org 830 America's Gateway to the Gulfstream 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 are 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 831 America's Gateway to the Gulfstream of Workers’ Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor’s Workers’ Compensation 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., Cyber Liability) may be required based upon the type of event, event location, and/or number of participants. Revised 06/17/2025 832 ATTACHMENT “B” SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE (FOR INFORMATIONAL PURPOSES ONLY) Instructions: Performance evaluations shall be completed by the Project Manager for the following: (1) all Contracts; (2) all individual Work Orders. Work Orders with a term of six (6) months or more at a minimum, the Project Manager shall complete performance evaluations at the mid-point of the project term or at more frequent intervals as required by the Work Order and at the time of Work Order or Contract completion. It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues so that Procurement can assist with efforts to bring performance back to acceptable standards. It is equally important to complete this form whenever any of the performance indicators are either “marginal” or “unsatisfactory” even when this is not within the normal review cycle. In the event the Average Rating Score is “marginal” or “unsatisfactory” even after reasonable efforts have been taken by the City to improve performance, the Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances. When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores (Line 11) for all evaluations completed for the entire term of the Contract/Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance for use in the evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter 119, F.S. Contract/Work Order No. Contractor Evaluation Period Interim Final Project Title If evaluating under a work order contract, specify type Check the appropriate ratings for Lines 1 through 8. Sum the individual ratings, by column, to produce the Individual Column Ratings on Line 9. Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10. Divide the Total Rating Score in Line 10 by the number 8 (the number of performance indicators in Lines 1-8) to produce the Average Rating Score in Line 11. Performance Indicators Rating Unsatisfactory Marginal Satisfactory Very Good Exceptional 1. Planning & Approach 1 2 3 4 5 2. Staff Capability 1 2 3 4 5 3. Staff Effectiveness 1 2 3 4 5 4. Flexibility in Meeting City’s Goals 1 2 3 4 5 5. Promptness of Deliverables/Milestones/Reports 1 2 3 4 5 6. Report and Drawings Quality 1 2 3 4 5 7. Quality of Work Completed 1 2 3 4 5 8. Contract Under or at Budgeted Cost and Invoicing Procedures 1 2 3 4 5 9. Individual Column Rating (Total lines 1-8.) 10. Total Rating Score (Total row 9.) 11. Average Rating Score (Divide line 10 by the number 8.) 833 In Lines 12 through 21, provide any additional detail, as deemed necessary, to support the ratings given in Lines 1 through 8 as well as any additional comments regarding SBE utilization on Line 20. Additional space is available on Line 22 if needed. 1. Current tasks completed and/or deliverables received? If no, reason: Yes No 2. Current work completed ahead/on schedule? If no, number of days late: and reason: Yes No 3. Contract currently under/at budgeted cost? If not at budget, specify amount over $ and reason: Yes No 4. Contractor strengths: 5. Contractor weaknesses: 6. Specific problems incurred: 7. How may these have been prevented? 8. Additional comments/recommendations: 9. Comments on sub-contractor utilization: 10. Currently recommend firm for future contracts/work orders of this type? If “No” or “Possibly”, an explanation must be provided in Line 22 below. Yes Project Manager (sign) Date Section Administrator (sign) Date No Possibly 11. Please indicate any additional comments corresponding to Performance Indicators (Lines 1-8) on Page 1 – explain marginal/unsatisfactory performance; if either “No” or “Possibly” apply to Question 21, an explanation must be provided here. Additional sheets may be attached if necessary. Number Remarks # # CONTRACT MANAGEMENT/PROCUREMENT USE ONLY Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2: Number Remarks # # Evaluation Number/Score: Comments: Running Average Score: Procurement Representative (sign) Date Other Required Approval (sign) Date 834 For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! 835 Item No. Description Quantity Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total IN-1 Indemnification 1 Lump Sum 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ GC-1 Mobilization/Demobilization Bonds Insurance Permits 1 LS 20,000.00$ 20,000.00$ 27,850.00$ 27,850.00$ 36,025.00$ 36,025.00$ 11,500.00$ 11,500.00$ 30,000.00$ 30,000.00$ 7,670.58$ 7,670.58$ 34,010.00$ 34,010.00$ A-1 6" Diameter - Sanitary Sewer 6.0 mm normal thickness (.236) 730 LF 46.00$ 33,580.00$ 46.50$ 33,945.00$ 76.00$ 55,480.00$ 55.00$ 40,150.00$ 90.00$ 65,700.00$ 31.59$ 23,060.70$ 74.75$ 54,567.50$ B-1 8" Diameter - Sanitary Sewer 6.0 mm normal thickness (.236) 6700 LF 50.00$ 335,000.00$ 46.50$ 311,550.00$ 51.00$ 341,700.00$ 47.00$ 314,900.00$ 48.00$ 321,600.00$ 40.88$ 273,896.00$ 95.00$ 636,500.00$ C-1 10" Diameter - Sanitary Sewer 6.0 mm normal thickness (.236) 580 LF 53.00$ 30,740.00$ 68.00$ 39,440.00$ 64.00$ 37,120.00$ 60.00$ 34,800.00$ 57.00$ 33,060.00$ 44.66$ 25,902.80$ 130.25$ 75,545.00$ D-1 12" Diameter - Sanitary Sewer 6.0 mm normal thickness (.236) 910 LF 57.00$ 51,870.00$ 71.50$ 65,065.00$ 75.00$ 68,250.00$ 80.00$ 72,800.00$ 75.00$ 68,250.00$ 46.31$ 42,142.10$ 115.75$ 105,332.50$ E-1 Light Cleaning and Inspection - 0% to 9% or LESS ACCUMULATE DEBRIS 6" Diameter 730 LF 2.25$ 1,642.50$ 5.60$ 4,088.00$ 5.00$ 3,650.00$ 0.50$ 365.00$ 4.50$ 3,285.00$ 1.47$ 1,073.10$ 5.75$ 4,197.50$ E-2 Light Cleaning and Inspection - 0% to 9% or LESS ACCUMULATE DEBRIS 8" Diameter 6700 LF 3.25$ 21,775.00$ 5.60$ 37,520.00$ 5.00$ 33,500.00$ 0.25$ 1,675.00$ 4.50$ 30,150.00$ 1.47$ 9,849.00$ 6.75$ 45,225.00$ E-3 Light Cleaning and Inspection - 0% to 9% or LESS ACCUMULATE DEBRIS 10" Diameter 580 LF 3.25$ 1,885.00$ 7.80$ 4,524.00$ 5.00$ 2,900.00$ 0.50$ 290.00$ 4.50$ 2,610.00$ 1.47$ 852.60$ 7.75$ 4,495.00$ E-4 Light Cleaning and Inspection - 0% to 9% or LESS ACCUMULATE DEBRIS 12" Diameter 910 LF 3.25$ 2,957.50$ 11.15$ 10,146.50$ 5.00$ 4,550.00$ 0.75$ 682.50$ 4.50$ 4,095.00$ 1.47$ 1,337.70$ 8.75$ 7,962.50$ F-1 Medium Cleaning and Inspection - 10% to 29% ACCUMULATED DEBRIS 6" Diameter 700 LF 2.25$ 1,575.00$ 4.00$ 2,800.00$ 5.00$ 3,500.00$ 0.65$ 455.00$ 6.00$ 4,200.00$ 2.86$ 2,002.00$ 5.75$ 4,025.00$ F-2 Medium Cleaning and Inspection - 10% to 29% ACCUMULATED DEBRIS 8" Diameter 5500 LF 3.25$ 17,875.00$ 5.00$ 27,500.00$ 5.00$ 27,500.00$ 0.50$ 2,750.00$ 6.00$ 33,000.00$ 2.86$ 15,730.00$ 6.75$ 37,125.00$ F-3 Medium Cleaning and Inspection - 10% to 29% ACCUMULATED DEBRIS 10" Diameter 500 LF 3.25$ 1,625.00$ 6.00$ 3,000.00$ 5.00$ 2,500.00$ 0.75$ 375.00$ 6.00$ 3,000.00$ 2.86$ 1,430.00$ 7.75$ 3,875.00$ F-4 Medium Cleaning and Inspection - 10% to 29% ACCUMULATED DEBRIS 12" Diameter 910 LF 3.25$ 2,957.50$ 7.00$ 6,370.00$ 5.00$ 4,550.00$ 1.00$ 910.00$ 6.00$ 5,460.00$ 2.86$ 2,602.60$ 8.75$ 7,962.50$ G-1 Heavy Cleaning and Inspection - 30% or Greater ACCUMULATED DEBRIS 6" Diameter 700 LF 2.25$ 1,575.00$ 4.00$ 2,800.00$ 5.00$ 3,500.00$ 0.75$ 525.00$ 9.00$ 6,300.00$ 5.63$ 3,941.00$ 5.75$ 4,025.00$ G-2 Heavy Cleaning and Inspection - 30% or Greater ACCUMULATED DEBRIS 8" Diameter 6000 LF 3.25$ 19,500.00$ 5.00$ 30,000.00$ 5.00$ 30,000.00$ 0.75$ 4,500.00$ 9.00$ 54,000.00$ 7.16$ 42,960.00$ 6.75$ 40,500.00$ 25-082B - Sanitary Sewer Gravity Main - CIPP Project Overview of Schedule Prices GCU, LLCCobra Environmental Inc Insituform Technologies, LLC SAK Construction, LLC Vortex Services, LLC.Hinterland Group, Inc.Inliner Solutions, LLC 836 G-3 Heavy Cleaning and Inspection - 30% or Greater ACCUMULATED DEBRIS 10" Diameter 500 LF 3.25$ 1,625.00$ 6.00$ 3,000.00$ 5.00$ 2,500.00$ 1.00$ 500.00$ 9.00$ 4,500.00$ 13.69$ 6,845.00$ 7.75$ 3,875.00$ G-4 Heavy Cleaning and Inspection - 30% or Greater ACCUMULATED DEBRIS 12" Diameter 910 LF 3.25$ 2,957.50$ 7.00$ 6,370.00$ 5.00$ 4,550.00$ 1.25$ 1,137.50$ 9.00$ 8,190.00$ 11.28$ 10,264.80$ 8.75$ 7,962.50$ H-1 Specialty Cleaning - Removal of Hardened Debris Roots Grease Clarification and Tuberculation 6" Diameter 700 LF 3.25$ 2,275.00$ 4.00$ 2,800.00$ 5.00$ 3,500.00$ 45.00$ 31,500.00$ 12.00$ 8,400.00$ 58.12$ 40,684.00$ 5.75$ 4,025.00$ H-2 Specialty Cleaning - Removal of Hardened Debris Roots Grease Clarification and Tuberculation 8" Diameter 6000 LF 3.75$ 22,500.00$ 5.00$ 30,000.00$ 5.00$ 30,000.00$ 25.00$ 150,000.00$ 18.00$ 108,000.00$ 58.12$ 348,720.00$ 6.75$ 40,500.00$ H-3 Specialty Cleaning - Removal of Hardened Debris Roots Grease Clarification and Tuberculation 10" Diameter 500 LF 4.25$ 2,125.00$ 6.00$ 3,000.00$ 5.00$ 2,500.00$ 30.00$ 15,000.00$ 18.00$ 9,000.00$ 72.65$ 36,325.00$ 7.75$ 3,875.00$ H-4 Specialty Cleaning - Removal of Hardened Debris Roots Grease Clarification and Tuberculation 12" Diameter 800 LF 5.00$ 4,000.00$ 7.00$ 5,600.00$ 5.00$ 4,000.00$ 35.00$ 28,000.00$ 18.00$ 14,400.00$ 77.75$ 62,200.00$ 8.75$ 7,000.00$ I-1 Bypass Pumping Setup 15 DAY 100.00$ 1,500.00$ 235.00$ 3,525.00$ 500.00$ 7,500.00$ 450.00$ 6,750.00$ 1,500.00$ 22,500.00$ 2,500.00$ 37,500.00$ 4,083.35$ 61,250.25$ I-2 Traffic Control - City Right of Way 15 DAY 1,200.00$ 18,000.00$ 1,550.00$ 23,250.00$ 585.00$ 8,775.00$ 3,000.00$ 45,000.00$ 1,800.00$ 27,000.00$ 1,798.30$ 26,974.50$ 5,833.35$ 87,500.25$ Subtotal Contract Amount:599,565.00$ 684,168.50$ 718,075.00$ 764,590.00$ 866,725.00$ 1,023,988.48$ 1,281,360.50$ 837 25-082B - Sanitary Sewer Gravity Main - CIPP Project - Overview of Specifications and Schedule of Prices Schedule/Specifications Indemnification 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ General Conditions 20,000.00$ 27,850.00$ 36,025.00$ 11,500.00$ 30,000.00$ 7,670.58$ 34,010.00$ Furnish and Install CIPP Rehabilitation 451,190.00$ 450,000.00$ 502,550.00$ 462,650.00$ 488,610.00$ 365,001.60$ 871,945.00$ Cleaning and Inspection 108,850.00$ 179,518.50$ 163,200.00$ 238,665.00$ 298,590.00$ 586,816.80$ 226,630.00$ Ancillary Services 19,500.00$ 26,775.00$ 16,275.00$ 51,750.00$ 49,500.00$ 64,474.50$ 148,750.50$ Subtotal Contract Amount:599,565.00$ 684,168.50$ 718,075.00$ 764,590.00$ 866,725.00$ 1,023,988.48$ 1,281,360.50$ Bid Security Requirements Uploaded a scanned copy of the bid bond Yes Yes Yes Yes Yes Yes Yes Amount must be 5% of total bid price Yes Yes Yes Yes Yes Yes Yes Issued a surety authorized to operate in Florida Yes Yes Yes Yes Yes Yes Yes Deliver the original bid bond Yes Yes Yes Yes Yes Yes Yes Documents Uploaded Non-Collusive Affidavit & Ackknowledgement Included; None Included; None Included; None Included; None Included; None Included; None Included; None Scrutinized Companies Affidavit Included Included Included Included Included Included Included E-Verify Included Included Included Included Included Included Included Foreign Entity Ownership Affidavit Included Included Included Included Included Included Included Anti-Human Trafficking Affidavit Included Included Included Included Included Included Included Litigation and Legal History Disclosure Requirement Included Included Included Included Missing Included Missing Litigation History Form Included Included Included Included Missing Included Missing Proof of State Certified or County Competency Included Included Included Included Included Included Included Florida State Business Registration Included Included Included Included Included Included Included Certificate of Insurance – Proof of Requirements Included Included Included Included Included Included Included Internal Revenue Service Form W-9 Included Included Included Included Included Included Included Anti-Kick Back Affidavit Included Included Included Included Included Included Included Trench Safety Act Affidavit Included Included Included Included Missing Included Included Licenses/Certifications Florida dbpr - Certified Underground Utility and Excavation Contractor - Matthew Donald Linton Lic# CUC1226434 Licensure Dt 5/22/25 Exp. 8/31/26 Florida dbpr - Certified General Contractor - Kendall Thomas Welsh Lic# CGC1510306 Licensure Dt 12/19/05Exp. 8/31/26 Florida dbpr - Certified General Contractor - Patrick D Hale, Jr. Lic# CGC1532913 Licensure Dt 10/18/22 Exp. 8/31/26 Florida dbpr - Certified Underground Utility and Excavation Contractor - Wesley A. Kingery Lic# CUC1224939 Licensure Dt 5/20/11 Exp. 8/31/26 Florida dbpr - Certified Building Contractor - Daniel Amos Duke III Lic# CBC1255077 Licensure Dt 1/4/07 Exp. 8/31/26, Certified Underground Utility and Excavation Contractor - Daniel Amos Duke III Lic# CUC1224634 Licensure Dt 10/20/08 Exp. 8/31/26, Certified General Contractor - Daniel Amos Duke III Lic# CGC1520354 Licensure Dt 2/21/12 Exp. 8/31/26, Certified Electrical Contractor - Charles J Breig Lic# EC13003615 Licensure Dt 6/4/07 Exp. 8/31/26 Florida dbpr - Certified Underground Utility and Excavation Contractor - Eric Simpson Lic# CUC1225229 Licensure Dt 5/18/15 Exp. 8/31/26 Florida dbpr - Certified General Contractor - Darren Gregory Wacha Lic#CGC1516386 Licensure Dt 11/6/08 Exp. 8/31/26, Certified Underground Utility and Excavation Contractor - Christopher J. Gomel Lic# CUC1225011 Licensure Dt 4/9/12 Exp. 8/31/26 Completed Fields/Acknowledgements Certification Completed Completed Completed Completed Completed Completed Completed Vendor-Drug Free Workplace Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Bidder's Qualification Statement Completed Completed Completed Completed Completed Completed Completed Scrutinized Companies List Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged E-Verify Compliance Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Firm's Primary Ownership Completed Completed Completed Completed Completed Completed Completed Palm Beach County Inspector General Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged References Yes - (5)Yes - (5)Yes - (5)Yes - (5)Yes - (5)Yes - (5)Yes - (5) Subcontractor Form None None None None None None None Conflict of Interest No No No No No No No Addendum No. 1-7 Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Local Business Preference None None None None None None None Comments: Name change from American Rooter Plumbing & Cobra Jet Drain Cleaning Company Inc. to the current on 1/26/15 Not displaying as a E-Verify Participating Employer List Signer is not listed as an authorized signer in Sunbiz GCU, LLC Att: Denise Davis 5655 Middle Road Theodore, AL 36582 (251) 725-0200 ddavis@gogcu.com rlindley@gogcu.com Cobra Environmental Inc. Att: Justin Lusk 15896 Mellen Lane Jupiter, FL 33478 (561) 398-1122 justin@cobraenvironmental.com Insituform Technologies, LLC Att: Christlanda Adkins, Erica Taylor 580 Goddard Avenue Chesterfield, MO 63005 (636) 530-8679 cadkins@azuria.com Insituformsales@aegion.com SAK Construction, LLC Att: Kathy Reed 864 Hoff Road O'Fallon, MO 63366 (636) 385-1000 bidcippe@sakcon.com Vortex Services, LLC. Att: Catherine Corrigan 3180 S Falkenburg Rd Riverview, FL 33578 (813) 626-0700 ccorrigan@vortexcompanies.com Shawn.ready@vortexcompanies.com Hinterland Group, LLC. Att: Daniel Duke 2051 W Blue Heron Blvd Riviera Beach, FL 33404 (561) 640-3503 info@hinterlandgroup.com Inliner Solutions, LLC Att: Thomas Gottsegen, Chris Currie 2531 Jewett Lane Sanford, Florida 32771 (404) 433-7943 Chris.currie@puriscorp.com bids@puriscorp.com 838 839 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 12/1/2025 (248) 278-8067 35289 Cobra Environmental Inc 6671 West Indiantown Road, Suite 50- 253 Jupiter, FL 33458 20478 36056 A 1,000,000 X 6076477778 2/28/2025 2/28/2026 100,000 Contractual 15,000 X, C, & U 1,000,000 2,000,000 2,000,000 1,000,000B X 6076477750 2/28/2025 2/28/2026 1,000,000A X 6076477800 2/28/2025 2/28/2026 1,000,000 0 B X 6076477795 2/28/2025 2/28/2026 500,000 N 500,000 500,000 A L&R Equip 6076477778 2/28/2025 $100,000 C Pollution Liability NY25ECPX00479NC 2/28/2025 2/28/2026 $1M/$2M The City of Boynton Beach, a political subdivision of the State of Florida, its officials, employees, and volunteers are additional insured on a primary and non-contributory basis with respects to general liability, auto liability and umbrella liability when required by written contract. Waiver of subrogation applies in favor of the additional insured on the workers compensation policy. A thirty day prior written notice of cancellation, ten day for non-payment of premium, will be provided to the City of Boynton Beach. The City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave Boynton Beach, FL 33435 COBRENV-01 KSMITH Zervos Insurety Services 4443 Lyons Road, Suite D-212 Coconut Creek, FL 33073 Kenzie Smith Kenzie@zervosins.com Continental Insurance Company National Fire Insurance Hartford Navigators Specialty Insurance Company X 2/28/2026 X X X X X X X X X X X 840 841 842 843 844 City of Boynton Beach Agenda Item Request Form 7.D Consent Bids and Purchases 01/20/2026 Meeting Date: 01/20/2026 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 January 20, 2026 - Amendment Request for Bid Extensions and/or Piggybacks. Requested Action: Staff recommends approval of the annual expenditures. 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 amendments, and the anticipated expenditure by reducing the paperwork of processing each renewal amendment and/or extension individually and summarizing the information in Exhibit A (as required). VENDOR(S) DESCRIPTION OF SOLICITATION SOLICITATION NUMBER RENEWAL TERM AMOUNT Centerline Drilling, Inc. Continuing Well Maintenance and Rehabilitation Services Piggyback Town of Jupiter Agreement # 2023-01 - City of Boynton Beach Agreement # UTL24-039 January 23, 2026 - January 22, 2027 Annual Estimated Expenditure $300,000 Devland Site Paving and Utilities, Inc. Lime Sludge Removal, Hauling, and Disposal Services City of Boynton Beach Bid No. UTL24-002 February 6, 2026 - February 5, 2027 Annual Estimated Expenditure $199,800 845 Amazon Business On-line Marketplace for Purchases of Products and Services Piggyback Prince William County Public Schools (PWCS) - US Communities Contract R-TC- 17006 -- City of Boynton Beach Agreement # 013141220 January 19, 2026 - January 18, 2028 Annual Estimated Expenditure $550,000 How will this affect city programs or services? The renewal(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 Bid and Piggyback Report - Exhibit A. Fiscal Impact: Funds have been budgeted under line items as noted in the attached- Exhibit A. Attachments: Amendment Request for Bid Extensions January 20 2026 Report - Exhibit A.docx Centerline_Drilling_-_Well_Maint_-_Renewal_Amend_2026-2027_-_Signed.pdf Deland Site Paving - Lime Sludge Removal - Amend to Renew 2026-2027 - Signed.pdf Amazon Renewal Expires 01-18-2028.pdf 846 CITY OF BOYNTON BEACH AMENDMENT REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS JANUARY 20, 2026 REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Bryan Heller TERM: January 23, 2026, to January 22, 2027 SOURCE FOR PURCHASE: Piggyback Town of Jupiter Island/South Region Utility Contract ITB 2023-01 - City of Boynton Beach Agreement UTL24-039 for Continuing Well Maintenance and Rehabilitation Services ACCOUNT NUMBER: 401-2811-536.46-50 VENDOR(S): Centerline Drilling, Inc. ANNUAL ESTIMATE: $300,000 DESCRIPTION: On March 5, 2024, by Resolution R24-048, Commission approved the piggyback of the Town of Jupiter Island/South Martin Region Utility Contract # ITB 2023-01 and authorized the City Manager to sign the Piggyback Agreement with Centerline Drilling, Inc. for Continuing Well Maintenance and Rehabilitation Services. The Agreement was for an initial three (3) years, with an option to renew for two (2) one-year renewal options. The vendor has agreed to renew the Agreement for the 1st one-year renewal term with the same prices, terms, and conditions. Approve Renewal Amendment No.1 for the term January 1, 2026, through January 22, 2027. REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Bryan Heller TERM: February 6, 2026, to February 5, 2027 SOURCE FOR PURCHASE: City of Boynton Beach Bid No. UTL24-002 – Lime Sludge Removal, Hauling, and Disposal Services ACCOUNT NUMBER: 401-2811-536.49-17 VENDOR(S): Devland Site Paving and Utilities, Inc. ANNUAL ESTIMATE: $199,800 DESCRIPTION: On February 6, 2025, by Resolution R20-144, Commission approved the award and authorized the City Manager to sign the Contract with Devland Site Paving and Utilities, Inc., based on Bid No. UTL24-002 for Lime Sludge Removal, Hauling, and Disposal Services. The Agreement was for an initial two (2) years, with an option to renew for three (3) one-year renewals subject to vendor acceptance and satisfactory performance. The vendor has agreed to renew the Agreement for the 1st one-year renewal term with the same prices, terms, and conditions. Approve Renewal Amendment No.1 for the term February 6, 2026, through February 5, 2027. REQUESTING DEPARTMENT: Warehouse 847 DEPARTMENT CONTACT: Mike Dauta TERM: January 19, 2026, to January 18, 2028 SOURCE FOR PURCHASE: Piggyback Prince William County Public Schools (PWCS) Contract No. R- TC-17006 – City of Boynton Beach Agreement No. 043141220 – On-Line Marketplace for Purchases of Products and Services ACCOUNT NUMBER: Citywide – Various accounts VENDOR(S): Amazon Business ANNUAL ESTIMATE: $550,000 DESCRIPTION: On September 6, 2018, Commission approved the piggyback of the US Communities Contract R-TC-17006 with Amazon Business. On August 19, 2025, by resolution R25-255, the Commission approved the increase in expenditure from $300,000 to $450,000. The contract allows for three (3) additional two-year periods. The vendor has agreed to renew the Agreement for the third two-year renewal. Approve the increase in the annual expenditure and the renewal for the term January 19, 2026, through January 18, 2028. 848 2 Amendment to Contract No. UTL24-039 Centerline Drilling, Inc. – Well Maintenance & Rehab Page 1 of 4 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CENTERLINE DRILLING, INC. FOR CONTINUING WELL MAINTENANCE AND REHABILITATION SERVICES This Second Amendment (“Amendment”) is entered into by and between the City of Boynton Beach, a Florida municipal corporation (“City”), and Centerline Drilling, Inc., a corporation registered to transact business in the State of Florida (“Vendor”) (collectively referred to as the “Parties”). RECITALS A. On March 5, 2024, the Parties entered into Contract No. UTL24-039 (the “Agreement”) for Continuing Well Maintenance and Rehabilitation Services. 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 first one-year renewal option. The Agreement is therefore renewed to continue from January 23, 2026, through January 22, 2027. Award Amount Threshold. The annual maximum amount to be paid by the City pursuant to this Agreement is $300,000. 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 849 2 Amendment to Contract No. UTL22-013 Centerline Drilling, Inc. – Well Maintenance & Rehab Page 2 of 4 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. 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 850 2 Amendment to Contract No. UTL22-013 Centerline Drilling, Inc. – Well Maintenance & Rehab Page 3 of 4 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. 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.) 851 852 853 854 855 856 857 858 859 860 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. 01/20/2026 Meeting Date: 01/20/2026 Proposed Ordinance No. 25-042- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the Future Land Use Map of the City of Boynton Beach, Florida, for an approximately 64.54 acre parcel of real property generally located west of High Ridge Road between Hypoluxo Road and Miner Road, by changing the future land use designation from LDR (Low Density Residential) to R (Recreation); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-042, at second reading. Explanation of Request: The subject area is located west of High Ridge Road and situated between Hypoluxo Road to the north and Miner Road to the south. The overall site consists of 234.46 acres and has a golf course, clubhouse, and other site amenities. While the entire site is under single ownership, the current configuration consists of three (3) parcels and an undeveloped section of right-of-way. The section of right-of-way has a concurrent application for an abandonment. The remaining three (3) parcels do not have a consistent future land use designation, consisting of R and LDR. The large portion of the subject site, located within the REC zoning district, permits the golf course and related structures, however the two parcels, consisting of 64.54 acres, located to the south and east are within the R-1-AA zoning district which does not permit a golf course as a use. While a portion of the golf course is located within the residential zoning district, this area would be considered to be a non-conforming use. Any modifications or expansions of the golf course within the R-1-AA zoning district would require a rezone. The 64.54 acres in consideration is located within Environmentally Sensitive Lands both A and B-rated. The City of Boynton Beach’s Comprehensive Plan outlines policies in regard to 861 managing and protecting these areas, as defined below in the section ‘Review Based on Criteria for Future Land Use Map and Rezone’. As the applicant is proposing to expand the golf course and modify aspects of landscaping, and the current pond locations that are located within the R-1-AA zoning district, staff advised the requirement for the Future Land Use Map amendment and Rezone. The only portion to be affected will be the 64.54 acres currently designated R on the future land use map and zoned R-1-AA. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord._25-042_-_High_Ridge_Country_Club_-_FLUM.docx Staff_Report_-_High_Ridge_FLUM_and_Rezone_Final (1).doc Attachment 1 - Exhibit A - High Ridge CC - Legal Description and Sketch.pdf Attachment 2 - Future Land Use Map - Existing - Proposed.pdf Attachment 3 - High Ridge CC - FLUM - Plan Set.pdf Attachment 4 - Survey.pdf Attachment 5 - FLUA Traffic Statement.pdf Attachment 6 - Environmentally Sensitive Lands.pdf Agenda Item 3931-2025 - Business-impact-estimate.docx 862 11.06.25 (IG) Page 1 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-042 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY 4 AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, FOR AN APPROXIMATELY 64.54 ACRE PARCEL OF 6 REAL PROPERTY GENERALLY LOCATED WEST OF HIGH RIDGE ROAD 7 BETWEEN HYPOLUXO ROAD AND MINER ROAD, BY CHANGING THE 8 FUTURE LAND USE DESIGNATION FROM LDR (LOW DENSITY 9 RESIDENTIAL) TO R (RECREATION); DECLARING THE PROPOSED 10 AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT 11 WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE PLAN OF THE 12 CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING 13 FOR AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a 16 Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to 17 Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; 18 and 19 WHEREAS, the existing area is generally located west of High Ridge Road between 20 Hypoluxo Road and Miner Road (the “Property”), more particularly described in Exhibit “A”; and 21 WHEREAS, the permitted uses within the Future Land Use Map category are compatible 22 with the surrounding and existing land uses; and 23 WHEREAS, the Property owner has also applied to rezone the property from R-1-AA 24 (Single Family Residential District) to REC (Recreation); and 25 WHEREAS, the procedure for amendment of a Future Land Use Element of a 26 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 27 863 11.06.25 (IG) Page 2 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, after public hearings, the City Commission, acting in its dual capacity as the 28 Local Planning Agency and City Commission finds that the Future Land Use Map amendment is 29 consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, Florida 30 Statutes; and 31 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 32 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 33 and 34 WHEREAS, after careful review of the application, staff has determined that the proposed 35 amendment complies with the City’s Comprehensive Plan and consistent with Section 163.3184, 36 Florida Statutes; and 37 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 38 which contains data and analysis supporting the Future Land Use Map amendment; and 39 WHEREAS, the City Commission finds that the proposed Future Land Use Map 40 amendment is consistent with the City's Comprehensive Plan and Land Development Regulations, 41 and finds it in the best interest of the public to amend the Future Land Use Element of the 42 Comprehensive Plan as hereinafter provided. 43 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 44 BOYNTON BEACH, FLORIDA: 45 864 11.06.25 (IG) Page 3 of 18 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 46 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 47 Section 2: Decision. Ordinance No. 89-38 of the City is hereby amended to 48 reflect the following: The City’s Future Land Use Map is hereby amended from LDR (Low Density 49 Residential) to R (Recreation) for a parcel, as depicted in Exhibit “B.” 50 Section 3: Amendment to Future Land Use Map. The Director of Planning and 51 Zoning is further authorized to make the necessary changes as required to the Future Land Use 52 Map to reflect the above stated change. 53 Section 4: Authorization to Transmit. The City Manager or designee is hereby 54 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 55 provisions of the Community Planning Act, if required. 56 Section 5: Severability. The provisions of this Ordinance are declared to be 57 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 58 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 59 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 60 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 61 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 62 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 63 865 11.06.25 (IG) Page 4 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 7: Effective Date. This Ordinance shall take effect immediately upon 64 adoption. 65 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 66 866 11.06.25 (IG) Page 5 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 67 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2026. 68 CITY OF BOYNTON BEACH, FLORIDA 69 YES NO 70 71 Mayor – Rebecca Shelton _____ _____ 72 73 Vice Mayor – Woodrow L. Hay _____ _____ 74 75 Commissioner – Aimee Kelley _____ _____ 76 77 Commissioner – Angela Cruz _____ _____ 78 79 Commissioner – Thomas Turkin _____ _____ 80 81 VOTE ______ 82 ATTEST: 83 84 _____________________________ 85 Maylee DeJesús, MMC Rebecca Shelton 86 City Clerk Mayor 87 88 APPROVED AS TO FORM: 89 (Corporate Seal) 90 91 92 Shawna G. Lamb 93 City Attorney 94 867 11.06.25 (IG) Page 6 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 868 11.06.25 (IG) Page 7 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 869 11.06.25 (IG) Page 8 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 870 11.06.25 (IG) Page 9 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 871 11.06.25 (IG) Page 10 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 872 11.06.25 (IG) Page 11 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 873 11.06.25 (IG) Page 12 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 874 11.06.25 (IG) Page 13 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 875 11.06.25 (IG) Page 14 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 876 11.06.25 (IG) Page 15 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 877 11.06.25 (IG) Page 16 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 95 878 11.06.25 (IG) Page 17 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Future Land Use Map 879 11.06.25 (IG) Page 18 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 880 PLANNING AND DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Commissioners THRU: Kevin Fischer, AICP Division Director, Planning and Zoning FROM: Gabe Sevigny, Principal Planner DATE: January 5, 2026 PROJECT: High Ridge Country Club - Future Land Use Map Amendment and Rezoning – 2025.03.1591 & 2025.03.1590 REQUEST: Approve High Ridge Country Club’s request for a Future Land Use Map Amendment from LDR (Low Density Residential) to R (Recreation) and rezoning from R-1-AA (Single-Family Residential District) to REC (Recreation) consisting of approximately 64.54 acres, site is generally located west of High Ridge Road between Hypoluxo Road and Miner Road. PROJECT DESCRIPTION Property Owner: High Ridge Country Club INC Applicant: Ryan Artim Address: 2400 Hypoluxo Road, Boynton Beach, FL, 33462 Location: West of High Ridge Road and situated between Hypoluxo Road to the north and Miner Road to the south. Existing Land Use: LDR (Low Density Residential) Proposed Land Use: R (Recreation) Existing Zoning: R-1-AA (Single-Family Residential District) Proposed Zoning: REC (Recreation) Proposed Use: Golf course expansion Acreage: 64.54 acres 881 Page 2 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 2 Adjacent Uses: North: Unincorporated Palm Beach County and City of Boynton Beach, with a mixture of residential, office, and commercial uses. South: Unincorporated Palm Beach County and City of Boynton Beach, with park, open space, and civic uses East: Unincorporated Palm Beach County and City of Boynton Beach, with a mixture of residential, office, and multi-family uses. West: City of Boynton Beach, with largely residential uses. BACKGROUND The subject area is located west of High Ridge Road and situated between Hypoluxo Road to the north and Miner Road to the south. The overall site consists of 234.46 acres and has a golf course, clubhouse, and other site amenities. While the entire site is under single ownership, the current configuration consists of three (3) parcels and an undeveloped section of right-of-way. The section of right-of-way has a concurrent application for an abandonment. The remaining three (3) parcels do not have a consistent zoning designation, consisting of REC and R-1-AA. The large portion of the subject site, located within the REC zoning district, permits the golf course and related structures, however the two parcels, consisting of 64.54 acres, located to the south and east are within the R-1-AA zoning district which does not permit a golf course as a use. While a portion of the golf course is located within the residential zoning district, this area would be considered to be a non-conforming use. Any modifications or expansions of the golf course within the R-1-AA zoning district would require a rezone. The 64.54 acres in consideration is located within Environmentally Sensitive Lands both A and B-rated (see “Environmentally Sensitive Lands” attachment). The City of Boynton Beach’s Comprehensive Plan outlines policies in regard to managing and protecting these areas, as defined below in the section ‘Review Based on Criteria for Future Land Use Map and Rezone’. As the applicant is proposing to expand the golf course and modif y aspects of landscaping, and the current pond locations that are located within the R-1-AA zoning district, staff advised the requirement for the Future Land Use Map amendment and Rezone. The only portion to be affected will be the 64.54 acres currently zoned R-1-AA. As stated above, there is a concurrent application for an abandonment of the rights-of- way for the southern portion of Northwest 7th Court. As the connection has never been made and it is highly wooded through this area, engineering has recommended 882 Page 3 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 3 approval of that application. If approved an associated final plat can be reviewed and approved changing the configuration to one lot. PROCESS While the subject property does not involve a text change to the goals, objectives, and policies of the comprehensive plan, nor is it located within an area of critical state concern, the size of the property under consideration does exceed 50 acres. Therefore, the proposed Future Land Use Map amendment is subject to the comprehensive plan amendment process per provisions of Chapter 163.3184, Florida Statutes. REVIEW BASED ON CRITERIA FOR FUTURE LAND USE MAP AND REZONE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. While there are existing golf course related improvements within the R-1-AA zoning district, this would be considered a legal non-conforming use. Any expansion or modification to these areas would require a rezone as a golf course is not a permitted use within the R-1-AA zoning district. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.3.1 The City shall continue to implement the future land use categories in accordance with the descriptions as provided in this policy. The densities and intensities shall be the maximums allowed, but those maximums will not necessarily be permitted in corresponding zoning districts. The Land Development regulations or other provisions of the City’s Comprehensive Plan or Code of Ordinances may prohibit or regulate certain specific uses if doing so would be reasonable. Furthermore, other uses which may have land use 883 Page 4 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 4 characteristics very similar to those uses listed under a particular land use category may also be allowed in that land use category. One or more zoning districts, including planned development districts, shall be established to implement each of the following land use categories. a. Recreational category shall include active and passive recreation facilities and parks that are both publicly owned and privately- owned. It shall be the policy of the City that all land acquired for public parks, excluding those located in planned zoning districts shall be placed in the Recreational land use and zoning category within five years of acquisition. Development within this designation shall have a maximum Floor Area Ratio (FAR) of 0.50 The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: 1. Public parks and recreational facilities; 2. Golf courses; 3. Private parks and recreation facilities; 4. Indoor entertainment as accessory; 5. Theaters; 6. Social and civic clubs and organizations; 7. Governmental offices; 8. Civic and community centers; 9. Museums; 10. Medical facilities as accessory; and 11. Retail sales, restaurants as accessory. Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the fu ture land use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Policy 4.5.3 The City shall continue to require a detailed flora and fauna survey on any “A” rated site subject to a development proposal and any site greater than 10 acres in size. The City shall require preservation of a minimum 25% of all native plant communities which occur on an “A” rated ecosystems site the specific location to be determined as a result of the site survey. Habitat shall be preserved with intact canopy, understory and ground cover. Policy 4.5.4 The City shall continue to enforce land development regulations to prohibit land clearing practices that destroy native Florida ecosystems in whole or in part prior to permitting by the City. Policy 4.5.5 The City shall continue to enforce policies regarding the 884 Page 5 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 5 preservation of native habitat and endangered or threatened species and these policies shall also apply to any property which is owned or acquired by the City. Policy 4.6.2 The City shall modify and enforce regulations such that outright preservation of existing, non-exotic trees on any existing vegetated site shall be preferred over “cut and replace” preservation techniques. Removal and replacement shall be discouraged. Preservation of existing trees shall be encouraged, and removal must be unavoidable due to site layout needs with replacement equal to or greater in size and quality to that removed. Policy 4.6.3 The City shall continue to enforce and, where appropriate, improve upon existing subdivision or other development regulations which require shoreline vegetation buffer strips, restrict the amount or location of site clearing, maintain natural drainage flows and require the removal of on-site exotic tree species. Policy 4.6.4 The City shall continue, while discouraging clear-cutting prior to development, to enforce regulations that require removal of exotic tree species on sites being developed, particularly those sites containing sensitive ecosystems rated “A”. Policy 4.6.5 The City shall continue to enforce the land development regulations that require native vegetation species to satisfy at least 50% of all site landscaping requirements as a condition of development or permit approval. All future proposals will be subject to the above standards or any future changes to the City’s Comprehensive Plan. Allowing for a REC zoning district largely prohibits many uses that could otherwise endanger these Environmentally Sensitive Lands. c. Compatibility. The application shall consider whether the proposed Future Land Use and Zoning, or potential uses allowed in a proposed Zoning district, would be compatible with the surrounding uses in terms of density scale, and the nature of use, or mobility options; or interconnectivity within the project and between adjacent properties. While the request is a Future Land Use Map Amendment and Rezone, there is no real change to the use of the subject site. If approved, the applicant may seek modifications or expansions that meet all other applicable requirements for a golf course, club house, and other site amenities and improvements. The proposed applications are compatible with existing uses within the area as the site is currently being used as a golf course. d. Orderly Growth. Whether the proposed amendments to the Future Land Use Map amendment (FLUM) and Zoning maps would encourage piecemeal development or 885 Page 6 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 6 create undevelopable parcels. While the subject site is already in use as a golf course, approvals of these applications would allow for future expansions and modifications to the existing areas. Areas of the subject site would still be considered undevelopable as they are designated as Environmentally Sensitive Lands. e. Location Efficiency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support complementary land uses: the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or, interconnectivity within the project and between adjacent properties. The proposed applications, if approved, would allow for expansions to occur within existing boundaries and will allow for interconnectivity within the site without disturbing adjacent properties. f. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. There is not an anticipated increase of demand for City services. The area is largely developed and only future expansions to the existing golf course are proposed. g. Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not: a. Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and b. Represent a potential decrease in the number of uses with high probable economic development benefits. (2) Whether the proposed rezoning/FLUM amendmen t would: a. Create new employment opportunities: b. Contribute to the enhancement and diversification of the city’s tax base: c. Respond to the current or anticipated market demand or community needs: or d. Alleviate economic obsolescence of the subject area The site is currently largely developed. If approved, the existing REC uses that were developed within the R-1-AA zoning district would be able to expand, thereby increasing economic development benefits. The proposed application meets all of the above criteria. h. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed amendments to the Future Land Map amendment (FLUM) 886 Page 7 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 7 and Zoning maps would reduce the amount of land available for heavy commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least two (2) of the Direct Economic Development Benefits listed in subparagraph “g” above; and The proposed application would not be suitable for commercial/industrial as it is designated as Environmentally Sensitive Lands and the application satisfies four (4) of the Direct Economic Development Impacts listed above. RECOMMENDATION Staff has reviewed the proposed Future Land Use Map Amendment and Rezone against the review criteria provided in Chapter 2, Article II, Section 2, Subsections B.3.c & D.3 and has found the proposal to meet the aforementioned criteria. T herefore, staff recommends that the request be approved. 887 888 889 890 891 892 893 894 895 896 897 898 899 Existing Future Land Use Map 900 Proposed Land Use Map901 902 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 “” BOUNDARY SURVEYHIGH RIDGE COUNTRY CLUBSCHEDULE BII COMMITMENT FOR TITLE INSURANCE ISSUED BY: FIRST AMERICAN TITLE INSURANCE COMPANY 5011612 - 1062-3816299 CUSTOMER REFERENCE NUMBER: 54189-0001 FIRST AMERICAN NUMBER: 1062-3816299 PART IISCHEDULE B OF THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWINGMATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY:1. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRSTAPPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE BUT PRIOR TOTHE DATE THE PROPOSED INSURED ACQUIRES FOR VALUE OF RECORD THE ESTATE OR INTEREST ORMORTGAGE THEREON COVERED BY THIS COMMITMENT.2. ANY RIGHTS, INTERESTS, OR CLAIMS OF PARTIES IN POSSESSION OF THE LAND NOT SHOWN BY THEPUBLIC RECORDS.3. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION OR ADVERSE CIRCUMSTANCE AFFECTINGTHE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND.4. ANY LIEN, FOR SERVICES, LABOR, OR MATERIALS IN CONNECTION WITH IMPROVEMENTS, REPAIRS ORRENOVATIONS PROVIDED BEFORE, ON, OR AFTER DATE OF POLICY, NOT SHOWN BY THE PUBLIC RECORDS.5. ANY DISPUTE AS TO THE BOUNDARIES CAUSED BY A CHANGE IN THE LOCATION OF ANY WATER BODYWITHIN OR ADJACENT TO THE LAND PRIOR TO DATE OF POLICY, AND ANY ADVERSE CLAIM TO ALL OR PARTOF THE LAND THAT IS, AT DATE OF POLICY, OR WAS PREVIOUSLY UNDER WATER.6. TAXES OR SPECIAL ASSESSMENTS NOT SHOWN AS LIENS IN THE PUBLIC RECORDS OR IN THE RECORDSOF THE LOCAL TAX COLLECTING AUTHORITY, AT DATE OF POLICY.7. ANY MINERALS OR MINERAL RIGHTS LEASED, GRANTED OR RETAINED BY CURRENT OR PRIOR OWNERS.8. TAXES AND ASSESSMENTS FOR THE YEAR 2017 AND SUBSEQUENT YEARS, WHICH ARE NOT YET DUE ANDPAYABLE.NOTES FOR STANDARD EXCEPTIONS: STANDARD EXCEPTIONS FOR PARTIES IN POSSESSION, FORMECHANICS LIENS, AND FOR TAXES OR SPECIAL ASSESSMENTS NOT SHOWN AS LIENS IN THE PUBLICRECORDS SHALL BE DELETED UPON RECEIPT OF AN ACCEPTABLE NON-LIEN AND POSSESSION AFFIDAVITESTABLISHING WHO IS IN POSSESSION OF THE LANDS, THAT THERE ARE NO LIENS OR ENCUMBRANCESUPON THE LANDS OTHER THAN AS SET FORTH IN THE COMMITMENT, THAT NO IMPROVEMENTS TO THELANDS HAVE BEEN MADE WITHIN THE PAST 90 DAYS OR ARE CONTEMPLATED TO BE MADE BEFORECLOSING THAT WILL NOT BE PAID IN FULL, AND THAT THERE ARE NO UNRECORDED TAXES ORASSESSMENTS THAT ARE NOT SHOWN AS EXISTING LIENS IN THE PUBLIC RECORDS. ANY POLICIES ISSUEDHEREUNDER MAY BE SUBJECT TO A SPECIAL EXCEPTION FOR MATTERS DISCLOSED BY SAID AFFIDAVIT. STANDARD EXCEPTION(S) FOR QUESTIONS OF SURVEY MAY BE DELETED UPON RECEIPT AND REVIEW OF APROPERLY CERTIFIED SURVEY MEETING THE FLORIDA MINIMUM TECHNICAL STANDARDS FOR ALL LANDSURVEYS DATED NO MORE THAN 90 DAYS PRIOR TO CLOSING OR SUCH OTHER PROOF AS MAY BEACCEPTABLE TO THE COMPANY. ANY POLICIES ISSUED HEREUNDER MAY BE SUBJECT TO A SPECIALEXCEPTION FOR MATTERS DISCLOSED BY SAID SURVEY OR PROOF.9. RESERVATIONS IN FAVOR OF THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OFFLORIDA, IN DEED RECORDED NOVEMBER 14, 1949 IN DEED BOOK 891, PAGE 172, WHICH WERE PARTIALLYRELEASED IN OFFICIAL RECORDS BOOK 89, PAGE 120.(AFFECTS PROPERTY NOT ABLE TO PLOT)10. RESERVATIONS IN FAVOR OF THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OFFLORIDA, CONTAINED IN DEED RECORDED IN DEED BOOK 1042, PAGE 119.(AFFECTS PROPERTY NOT ABLE TO PLOT)11. RIGHTS OF WAY OF THE LAKE WORTH DRAINAGE DISTRICT RECORDED IN DEED BOOK 901, PAGE 848.(AFFECTS PROPERTY NOT ABLE TO PLOT)12. RIGHTS OF WAY OF THE LAKE WORTH DRAINAGE DISTRICT RECORDED IN DEED BOOK 803, PAGE 579.(AFFECTS PROPERTY NOT ABLE TO PLOT)13. EASEMENT IN FAVOR OF FLORIDA POWER & LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK649, PAGE 434, AFFECTED BY PARTIAL RELEASE RECORDED IN OFFICIAL RECORDS BOOK 7301, PAGE 1495AND PARTIAL RELEASE RECORDED IN OFFICIAL RECORDS BOOK 7315, PAGE 1411.(AFFECTS PROPERTY NOT ABLE TO PLOT)14. EASEMENT IN FAVOR OF LAKE WORTH DRAINAGE DISTRICT RECORDED IN OFFICIAL RECORDS BOOK3135, PAGE 723.(AFFECTS PROPERTY SHOWN HEREON)15. RESOLUTION OF THE LAKE WORTH DRAINAGE DISTRICT RECORDED IN OFFICIAL RECORDS BOOK 3168,PAGE 591.(AFFECTS PROPERTY SHOWN HEREON)16. EASEMENT IN FAVOR OF THE LAKE WORTH DRAINAGE DISTRICT RECORDED IN OFFICIAL RECORDSBOOK 3168, PAGE 850.(AFFECTS PROPERTY SHOWN HEREON)17. EASEMENT DEED IN FAVOR OF THE CITY OF BOYNTON BEACH RECORDED IN OFFICIAL RECORDS BOOK3456, PAGE 692.(AFFECTS PROPERTY SHOWN HEREON)18. EASEMENT IN FAVOR OF FLORIDA POWER & LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK3875, PAGE 1647.(AFFECTS PROPERTY SHOWN HEREON)19. EASEMENT IN FAVOR OF FLORIDA POWER & LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK3898, PAGE 885, AFFECTED BY PARTIAL RELEASE OF EASEMENT RECORDED IN OFFICIAL RECORDS BOOK6181, PAGE 1524.(AFFECTS PROPERTY NOT ABLE TO PLOT)20. GRANT OF EASEMENT IN FAVOR OF THE CITY OF BOYNTON BEACH RECORDED IN OFFICIAL RECORDSBOOK 4947, PAGE 378, AFFECTED BY SUBORDINATION RECORDED IN OFFICIAL RECORDS BOOK 5801, PAGE1444.(AFFECTS PROPERTY SHOWN HEREON)21. EASEMENT GRANT IN FOAVR OF PERRY CABLE TV CORP., A FLORIDA CORPORATION RECORDED INOFFICIAL RECORDS BOOK 5110, PAGE 924.(AFFECTS PROPERTY SHOWN HEREON)22. EASEMENT IN FAVOR OF FLORIDA POWER & LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK6132, PAGE 289.(AFFECTS PROPERTY SHOWN HEREON)23. REMOVAL AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 9305, PAGE 1015.(AFFECTS PROPERTY NOT ABLE TO PLOT)24. NOTICE OF ENVIRONMENTAL RESOURCE OR SURFACE WATER MANAGEMENT PERMIT RECORDED INOFFICIAL RECORDS BOOK 23863, PAGE 1441.(AFFECTS PROPERTY NOT ABLE TO PLOT)25. EASEMENTS AND OTHER MATTERS SHOWN ON THE PLAT OF HIGH RIDGE COUNTRY CLUB, ASRECORDED IN PLAT BOOK 39, PAGE 137, AFFECTED BY PARTIAL RELEASE OF EASEMENT BY FLORIDAPOWER & LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK 6181, PAGE 1525.(AFFECTS PROPERTY NOT ABLE TO PLOT)26. RIPARIAN RIGHTS ARE NEITHER GUARANTEED NOR INSURED.903 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 904 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 905 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 906 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 907 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 908 909 910 911 © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS DISCOVERY VILLAGE AT BOYNTON BEACH HIGH RIDGE COUNTRY CLUB HIGH RIDGE COUNTRY CLUB EXISTING FUTURE LAND USE: LDR EXISTING FUTURE LAND USE: LDR EXISTING FUTURE LAND USE: R Sheet TitleRevisionsJob TitleDRC DOCUMENTS NORTH2400 HYPOLUXO ROAD,BOYNTON BEACH, FLORIDA 33462HIGH RIDGE COUNTRY CLUBCOMPREHENSIVE PLAN AMENDMENT(FUTURE LAND USE MAP)EXISTING FUTURE LANDUSE MAPX1 LEGEND: EXISTING FUTURE LAND USE: LDR (LOW DENSITY RESIDENTIAL) EXISTING FUTURE LAND USE MAP EXISTING FUTURE LAND USE: R (RECREATIONAL) LOCATION MAP NORTH LEGAL DESCRIPTION HIGH RIDGE COUNTRY CLUB ALL OF PLAT (LESS HYPOLUXO RD R/W) This document has been digitally signed and sealed by Blake M. Kidwell on 03/12/2025. Printed copies of this document are not considered signed and sealed. 912 © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS DISCOVERY VILLAGE AT BOYNTON BEACH HIGH RIDGE COUNTRY CLUB HIGH RIDGE COUNTRY CLUB PROPOSED FUTURE LAND USE: R PROPOSED FUTURE LAND USE: R EXISTING FUTURE LAND USE: R Sheet TitleRevisionsJob TitleDRC DOCUMENTS NORTH2400 HYPOLUXO ROAD,BOYNTON BEACH, FLORIDA 33462HIGH RIDGE COUNTRY CLUBCOMPREHENSIVE PLAN AMENDMENT(FUTURE LAND USE MAP)PROPOSED FUTURELAND USE MAPX2 LEGEND: PROPOSED FUTURE LAND USE: R (RECREATIONAL) PROPOSED FUTURE LAND USE MAP LOCATION MAP NORTH LEGAL DESCRIPTION HIGH RIDGE COUNTRY CLUB ALL OF PLAT (LESS HYPOLUXO RD R/W) This document has been digitally signed and sealed by Blake M. Kidwell on 03/12/2025. Printed copies of this document are not considered signed and sealed. 913 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 BOUNDARY SURVEYHIGH RIDGE COUNTRY CLUB 914 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 915 NO PARKINGNO PARKINGLANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 916 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 917 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 INTERSTATE 95GULFST R E A M B L V DSEACRESTCONGRESS FEDERAL15TH 23RD HYPOLUXO DIXIEGATEWAY GOLF 22ND BOYNTON BEACH MINER OLD BOYNTON OCEANKNOLLWOOD WOOLBRIGHT HIGH RIDGEOCEAN5 1 20 6 24 8 2 25 17 15 7 19 18 26 22 10 16 4 3 21 23 1413 12 9 11 CONGRESSFEDERALSEACRESTGATEWAY MINER HYPOLUXO 7THDIXIEWOOLBRIGHT 23RD8TH OCEANHIGH RIDGEKNUTHGOLF BOYNTON BEACH1ST 4TH27TH INTERSTATE 9528TH 14TH 26TH11TH17TH MAIN OVERLOOK2NDPOLO22NDQUAIL COVEY13TH OLD OCEAN12TH OLD DIXIE24TH 3RDQUANTUM ORANGE G JAVERTSOUTH RAILROAD9TH NICKELSALTO CHARTER EDGAR PALM15TH 5TH BARKIS MAYFAIR35TH19TH INDUSTRIALSUMMIT LAKE B 18 T H PARK 6TH CORTINAMEADOWS 10THEDITH SUNSET RIDGE 25TH 71ST OAKSAN CASTLERIALTOSEAROMA31STPARK RIDGEOASIS SWINTON30TH LOOMISCORPORATE20TH 29TH SHORE KARENMAXISLESEASY PLAZA LUCINA SANDALW O O D 16TH 34TH CIRCLE 21ST 36TH ASBURYB U X T O N CABRERAGOLFVIEWHORIZONSCANALCHES A P E A K E FINN HILL ESSEX IBIS HARBOUROAKRIDGESMITH SC O T I AESTATE BAMBOO HIGH POINTHASTINGS MILLERMAPLE LITTLE CLUB RIDERBIRCH KAMENAYALESIESTA POTTER RIDGEPOINTE AMBACHCOUNTRY CLUBVALLEYSPANISH RIVERVICTORY 19 T H24THMEADOWS21ST 5TH22ND 1ST23RD 27TH 2ND3RD13TH 16TH 11TH 6TH OCEAN6TH 16TH 13TH13TH 5TH28TH25TH 14TH5TH 5TH9TH 6TH1ST21ST 16TH 1ST9TH15 T H22ND 5TH14TH 4TH1ST14TH1ST4TH3RD2ND6TH1ST 6TH6TH3RD26TH 2ND25TH 7TH 17THOCEAN 6TH5TH3RD3RD 4TH5TH5TH 30TH 4TH3RD13TH 8TH8TH 4TH 22ND1ST3RD9TH 3RD1ST 18TH3RDMINER C A N A L10TH 11TH 2ND2ND 8THOCEAN16TH1ST9TH RIDGE 18TH 15TH1ST 3RD25TH 18TH 10TH8TH 11TH1ST4TH 26TH1STCITY OF BOYNTON BEACH Environmentally Sensitive Lands ® 0 0.5 10.25 Miles Legend ECO VALUE A-Rated B-Rated C-Rated Source: Inventory of Ecosystems in Palm Beach County. Phase III Report. Iverson and Austin, July 1989. Updated: February 2008 933 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 ORDINANCE NO. 89-38 BY AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR AN APPROXIMATELY 64.54 ACRE PARCEL OF REAL PROPERTY GENERALLY LOCATED WEST OF HIGH RIDGE ROAD BETWEEN HYPOLUXO ROAD AND MINER ROAD, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM LDR (LOW DENSITY RESIDENTIAL) TO R (RECREATION); DECLARING THE PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 934 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): The subject area is located west of High Ridge Road and situated between Hypoluxo Road to the north and Miner Road to the south. The overall site consists of 234.46 acres and has a golf course, clubhouse, and other site amenities. While the entire site is under single ownership, the current configuration consists of three (3) parcels and an undeveloped section of right-of-way. The section of right-of-way has a concurrent application for an abandonment. The remaining three (3) parcels do not have a consistent future land use designation, consisting of R and LDR. The large portion of the subject site, located within the REC zoning district, permits the golf course and related structures, however the two parcels, consisting of 64.54 acres, located to the south and east are within the R-1-AA zoning district which does not permit a golf course as a use. While a portion of the golf course is located within the residential zone district, this area would be considered to be a non -conforming use. Any modifications or expansions of the golf course within the R -1-AA zoning district would require a rezone. The 64.54 acres in consideration is located within Environmentally Sensitive Lands both A and B-rated. The City of Boynton Beach’s Comprehensive Plan outlines policies in regard to managing and protecting these areas, as defined below in the section ‘Review Based on Criteria for Future Land Use Map and Rezone’. 935 Page 3 of 3 As the applicant is proposing to expand the golf course and modify aspects of landscaping, and the current pond locations that are located within the R-1-AA zoning district, staff advised the requirement for the Future Land Use Map amendment and Rezone. The only portion to be affected will be the 64.54 acres currently designated R on the future land use map and zoned R-1-AA. 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: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 936 City of Boynton Beach Agenda Item Request Form 8.B 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. 01/20/2026 Meeting Date: 01/20/2026 Proposed Ordinance No. 25-043- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, for the High Ridge Country Club, amending Ordinance No. 02-013 to rezone approximately 64.54 acres generally located west of High Ridge Road between Hypoluxo Road and Miner Road, from R-1-AA (Single-Family Residential District) to REC (Recreation); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-043, at second reading. Explanation of Request: The subject area is located west of High Ridge Road and situated between Hypoluxo Road to the north and Miner Road to the south. The overall site consists of 234.46 acres and has a golf course, clubhouse, and other site amenities. While the entire site is under single ownership, the current configuration consists of three (3) parcels and an undeveloped section of right-of-way. The section of right-of-way has a concurrent application for an abandonment. The remaining three (3) parcels do not have a consistent zoning designation, consisting of REC and R-1-AA. The large portion of the subject site, located within the REC zoning district, permits the golf course and related structures, however the two parcels, consisting of 64.54 acres, located to the south and east are within the R-1-AA zoning district which does not permit a golf course as a use. While a portion of the golf course is located within the residential zone district, this area would be considered to be a non-conforming use. Any modifications or expansions of the golf course within the R-1-AA zoning district would require a rezone. The 64.54 acres in consideration is located within Environmentally Sensitive Lands both A and B-rated. The City of Boynton Beach’s Comprehensive Plan outlines policies in regard to managing and protecting these areas, as defined below in the section ‘Review Based on Criteria for Future Land Use Map and Rezone’. 937 As the applicant is proposing to expand the golf course and modify aspects of landscaping, and the current pond locations that are located within the R-1-AA zoning district, staff advised the requirement for the Future Land Use Map amendment and Rezone. The only portion to be affected will be the 64.54 acres currently zoned R-1-AA. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord._25-043_High_Ridge_Country_Club_-_Rezoning_R-1-AA_to_REC.docx Staff_Report_-_High_Ridge_FLUM_and_Rezone_Final.doc Attachment 1 - Exhibit A - High Ridge CC - Legal Description and Sketch.pdf Attachment 2 - Zoning Maps - Existing and Proposed.pdf Attachment 3 - High Ridge CC - Rezone - Plan Set.pdf Attachment 4 - Survey.pdf Attachment 5 - FLUA Traffic Statement.pdf Attachment 6 - Environmentally Sensitive Lands.pdf Agenda Item 3932-2025 - Business-impact-estimate.docx 938 09.23.25 (IG) Page 1 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-043 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 02-013 TO 4 REZONE APPROXIMATELY 64.54 ACRES GENERALLY LOCATED WEST 5 OF HIGH RIDGE ROAD BETWEEN HYPOLUXO ROAD AND MINER 6 ROAD, FROM R-1-AA (SINGLE FAMILY RESIDENTIAL DISTRICT) TO REC 7 (RECREATION); DECLARING THE PROPOSED AMENDMENT TO BE 8 CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; 9 PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 13 No. 02-013, establishing an official zoning map of the City; and 14 WHEREAS, the existing area is generally located West of High Ridge Road between 15 Hypoluxo Road and Miner Road (the “Property”), more particularly described in Exhibit “A”; and 16 WHEREAS, High Ridge Country Club, Inc. has requested to rezone the property from R-17 1-AA (Single Family Residential) to REC (Recreation); and 18 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 19 advertised hearing received testimony and evidence related to the application and found that the 20 rezoning is consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, 21 Florida Statutes; and 22 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 23 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 24 and 25 939 09.23.25 (IG) Page 2 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, after careful review of the application, staff has determined that the proposed 26 rezoning is consistent with an amendment to the Future Land Use Map, which was 27 contemporaneously considered and approved by the City Commission, complies with the City’s 28 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and 29 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 30 which contains data and analysis supporting the rezoning; and 31 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 32 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 33 Regulations, and the City Commission deems it to be in the best interest of the public to amend 34 the City’s Zoning Map as further set forth herein. 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 36 BOYNTON BEACH, FLORIDA: 37 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 38 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 39 Section 2: Decision. The Property described in Exhibit A is hereby rezoned from 40 R-1-AA (Single Family Residential) to REC (Recreation), and the City’s Official Zoning Map shall be 41 amended accordingly. 42 940 09.23.25 (IG) Page 3 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 3: Amendment to Zoning Map. The Director of Planning and Zoning is 43 further authorized to make the necessary changes, as depicted in Exhibit B, as required to the 44 City’s Official Zoning Map to reflect the above-stated changes. 45 Section 4: Authorization to Transmit. The City Manager or designee is hereby 46 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 47 provisions of the Community Planning Act, if required. 48 Section 5: Severability. The provisions of this Ordinance are declared to be 49 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 50 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 51 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 52 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 53 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 54 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 55 Section 7: Effective Date. This Ordinance shall take effect immediately upon 56 adoption. 57 Signatures on following page 58 59 941 09.23.25 (IG) Page 4 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 60 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2026. 61 CITY OF BOYNTON BEACH, FLORIDA 62 YES NO 63 64 Mayor – Rebecca Shelton _____ _____ 65 66 Vice Mayor – Woodrow L. Hay _____ _____ 67 68 Commissioner – Aimee Kelley _____ _____ 69 70 Commissioner – Angela Cruz _____ _____ 71 72 Commissioner – Thomas Turkin _____ _____ 73 74 VOTE ______ 75 ATTEST: 76 77 _____________________________ 78 Maylee DeJesús, MMC Rebecca Shelton 79 City Clerk Mayor 80 81 APPROVED AS TO FORM: 82 (Corporate Seal) 83 84 85 Shawna G. Lamb 86 City Attorney 87 942 09.23.25 (IG) Page 5 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 943 09.23.25 (IG) Page 6 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 944 09.23.25 (IG) Page 7 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 945 09.23.25 (IG) Page 8 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 946 09.23.25 (IG) Page 9 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 947 09.23.25 (IG) Page 10 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 948 09.23.25 (IG) Page 11 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 949 09.23.25 (IG) Page 12 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 950 09.23.25 (IG) Page 13 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 951 09.23.25 (IG) Page 14 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 952 09.23.25 (IG) Page 15 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 953 09.23.25 (IG) Page 16 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 954 09.23.25 (IG) Page 17 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Amended Zoning Map 955 09.23.25 (IG) Page 18 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 956 PLANNING AND DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Commissioners THRU: Kevin Fischer, AICP Division Director, Planning and Zoning FROM: Gabe Sevigny, Principal Planner DATE: January 5, 2026 PROJECT: High Ridge Country Club - Future Land Use Map Amendment and Rezoning – 2025.03.1591 & 2025.03.1590 REQUEST: Approve High Ridge Country Club’s request for a Future Land Use Map Amendment from LDR (Low Density Residential) to R (Recreation) and rezoning from R-1-AA (Single-Family Residential District) to REC (Recreation) consisting of approximately 64.54 acres, site is generally located west of High Ridge Road between Hypoluxo Road and Miner Road. PROJECT DESCRIPTION Property Owner: High Ridge Country Club INC Applicant: Ryan Artim Address: 2400 Hypoluxo Road, Boynton Beach, FL, 33462 Location: West of High Ridge Road and situated between Hypoluxo Road to the north and Miner Road to the south. Existing Land Use: LDR (Low Density Residential) Proposed Land Use: R (Recreation) Existing Zoning: R-1-AA (Single-Family Residential District) Proposed Zoning: REC (Recreation) Proposed Use: Golf course expansion Acreage: 64.54 acres 957 Page 2 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 2 Adjacent Uses: North: Unincorporated Palm Beach County and City of Boynton Beach, with a mixture of residential, office, and commercial uses. South: Unincorporated Palm Beach County and City of Boynton Beach, with park, open space, and civic uses East: Unincorporated Palm Beach County and City of Boynton Beach, with a mixture of residential, office, and multi-family uses. West: City of Boynton Beach, with largely residential uses. BACKGROUND The subject area is located west of High Ridge Road and situated between Hypoluxo Road to the north and Miner Road to the south. The overall site consists of 234.46 acres and has a golf course, clubhouse, and other site amenities. While the entire site is under single ownership, the current configuration consists of three (3) parcels and an undeveloped section of right-of-way. The section of right-of-way has a concurrent application for an abandonment. The remaining three (3) parcels do not have a consistent zoning designation, consisting of REC and R-1-AA. The large portion of the subject site, located within the REC zoning district, permits the golf course and related structures, however the two parcels, consisting of 64.54 acres, located to the south and east are within the R-1-AA zoning district which does not permit a golf course as a use. While a portion of the golf course is located within the residential zoning district, this area would be considered to be a non-conforming use. Any modifications or expansions of the golf course within the R-1-AA zoning district would require a rezone. The 64.54 acres in consideration is located within Environmentally Sensitive Lands both A and B-rated (see “Environmentally Sensitive Lands” attachment). The City of Boynton Beach’s Comprehensive Plan outlines policies in regard to managing and protecting these areas, as defined below in the section ‘Review Based on Criteria for Future Land Use Map and Rezone’. As the applicant is proposing to expand the golf course and modify aspect s of landscaping, and the current pond locations that are located within the R-1-AA zoning district, staff advised the requirement for the Future Land Use Map amendment and Rezone. The only portion to be affected will be the 64.54 acres currently zoned R-1-AA. As stated above, there is a concurrent application for an abandonment of the rights-of- way for the southern portion of Northwest 7th Court. As the connection has never been made and it is highly wooded through this area, engineering has recommended 958 Page 3 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 3 approval of that application. If approved an associated final plat can be reviewed and approved changing the configuration to one lot. PROCESS While the subject property does not involve a text change to the goals, objectives, and policies of the comprehensive plan, nor is it located within an area of critical state concern, the size of the property under consideration does exceed 50 acres. Therefore, the proposed Future Land Use Map amendment is subject to the comprehensive plan amendment process per provisions of Chapter 163.3184, Florida Statutes. REVIEW BASED ON CRITERIA FOR FUTURE LAND USE MAP AND REZONE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. While there are existing golf course related improvements within the R-1-AA zoning district, this would be considered a legal non-conforming use. Any expansion or modification to these areas would require a rezone as a golf course is not a permitted use within the R-1-AA zoning district. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.3.1 The City shall continue to implement the future land use categories in accordance with the descriptions as provided in this policy. The densities and intensities shall be the maximums allowed, but those maximums will not necessarily be permitted in corresponding zoning districts. The Land Development regulations or other provisions of the City’s Comprehensive Plan or Code of Ordinances may prohibit or regulate certain specific uses if doing so would be reasonable. Furthermore, other uses which may have land use 959 Page 4 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 4 characteristics very similar to those uses listed under a particular land use category may also be allowed in that land use category. One or more zoning districts, including planned development districts, shall be established to implement each of the following land use categories. a. Recreational category shall include active and passive recreation facilities and parks that are both publicly owned and privately- owned. It shall be the policy of the City that all land acquired for public parks, excluding those located in planned zoning districts shall be placed in the Recreational land use and zoning category within five years of acquisition. Development within this designation shall have a maximum Floor Area Ratio (FAR) of 0.50 The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: 1. Public parks and recreational facilities; 2. Golf courses; 3. Private parks and recreation facilities; 4. Indoor entertainment as accessory; 5. Theaters; 6. Social and civic clubs and organizations; 7. Governmental offices; 8. Civic and community centers; 9. Museums; 10. Medical facilities as accessory; and 11. Retail sales, restaurants as accessory. Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the fu ture land use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Policy 4.5.3 The City shall continue to require a detailed flora and fauna survey on any “A” rated site subject to a development proposal and any site greater than 10 acres in size. The City shall require preservation of a minimum 25% of all native plant communities which occur on an “A” rated ecosystems site the specific location to be determined as a result of the site survey. Habitat shall be preserved with intact canopy, understory and ground cover. Policy 4.5.4 The City shall continue to enforce land development regulations to prohibit land clearing practices that destroy native Florida ecosystems in whole or in part prior to permitting by the City. Policy 4.5.5 The City shall continue to enforce policies regarding the 960 Page 5 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 5 preservation of native habitat and endangered or threatened species and these policies shall also apply to any property which is owned or acquired by the City. Policy 4.6.2 The City shall modify and enforce regulations such that outright preservation of existing, non-exotic trees on any existing vegetated site shall be preferred over “cut and replace” preservation techniques. Removal and replacement shall be discouraged. Preservation of existing trees shall be encouraged, and removal must be unavoidable due to site layout needs with replacement equal to or greater in size and quality to that removed. Policy 4.6.3 The City shall continue to enforce and, where appropriate, improve upon existing subdivision or other development regulations which require shoreline vegetation buffer strips, restrict the amount or location of site clearing, maintain natural drainage flows and require the removal of on-site exotic tree species. Policy 4.6.4 The City shall continue, while discouraging clear-cutting prior to development, to enforce regulations that require removal of exotic tree species on sites being developed, particularly those sites containing sensitive ecosystems rated “A”. Policy 4.6.5 The City shall continue to enforce the land development regulations that require native vegetation species to satisfy at least 50% of all site landscaping requirements as a condition of development or permit approval. All future proposals will be subject to the above standards or any future changes to the City’s Comprehensive Plan. Allowing for a REC zoning district largely prohibits many uses that could otherwise endanger these Environmentally Sensitive Lands. c. Compatibility. The application shall consider whether the proposed Future Land Use and Zoning, or potential uses allowed in a proposed Zoning district, would be compatible with the surrounding uses in terms of density scale, and the nature of use, or mobility options; or interconnectivity within the project and between adjacent properties. While the request is a Future Land Use Map Amendment and Rezone, there is no real change to the use of the subject site. If approved, the applicant may seek modifications or expansions that meet all other applicable requirements for a golf course, club house, and other site amenities and improvements. The proposed applications are compatible with existing uses within the area as the site is currently being used as a golf course. d. Orderly Growth. Whether the proposed amendments to the Future Land Use Map amendment (FLUM) and Zoning maps would encourage piecemeal development or 961 Page 6 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 6 create undevelopable parcels. While the subject site is already in use as a golf course, approvals of these applications would allow for future expansions and modifications to the existing areas. Areas of the subject site would still be considered undevelopable as they are designated as Environmentally Sensitive Lands. e. Location Efficiency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support complementary land uses: the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or, interconnectivity within the project and between adjacent properties. The proposed applications, if approved, would allow for expansions to occur within existing boundaries and will allow for interconnectivity within the site without disturbing adjacent properties. f. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. There is not an anticipated increase of demand for City services. The area is largely developed and only future expansions to the existing golf course are proposed. g. Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not: a. Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and b. Represent a potential decrease in the number of uses with high probable economic development benefits. (2) Whether the proposed rezoning/FLUM amendmen t would: a. Create new employment opportunities: b. Contribute to the enhancement and diversification of the city’s tax base: c. Respond to the current or anticipated market demand or community needs: or d. Alleviate economic obsolescence of the subject area The site is currently largely developed. If approved, the existing REC uses that were developed within the R-1-AA zoning district would be able to expand, thereby increasing economic development benefits. The proposed application meets all of the above criteria. h. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed amendments to the Future Land Map amendment (FLUM) 962 Page 7 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 7 and Zoning maps would reduce the amount of land available for heavy commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least two (2) of the Direct Economic Development Benefits listed in subparagraph “g” above; and The proposed application would not be suitable for commercial/industrial as it is designated as Environmentally Sensitive Lands and the application satisfies four (4) of the Direct Economic Development Impacts listed above. RECOMMENDATION Staff has reviewed the proposed Future Land Use Map Amendment and Rezone against the review criteria provided in Chapter 2, Article II, Section 2, Subsections B.3.c & D.3 and has found the proposal to meet the aforementioned criteria. T herefore, staff recommends that the request be approved. 963 964 965 966 967 968 969 970 971 972 973 974 975 Existing Zoning 976 Proposed Zoning977 978 979 980 981 982 983 984 985 986 © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS DISCOVERY VILLAGE AT BOYNTON BEACH HIGH RIDGE COUNTRY CLUB HIGH RIDGE COUNTRY CLUB EXISTING ZONING: R1AA EXISTING ZONING: REC EXISTING ZONING: R1AA Sheet TitleRevisionsJob TitleDRC DOCUMENTS NORTH2400 HYPOLUXO ROAD,BOYNTON BEACH, FLORIDA 33462HIGH RIDGE COUNTRY CLUBREZONEEXISTING ZONINGMAPX1 LEGEND: EXISTING ZONING: R1AA (SINGLE-FAMILY RESIDENTIAL DISTRICT) LOCATION MAP NORTH EXISTING ZONING MAP EXISTING ZONING: REC (RECREATIONAL) This document has been digitally signed and sealed by Blake M. Kidwell on 03/12/2025. Printed copies of this document are not considered signed and sealed. 987 © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS DISCOVERY VILLAGE AT BOYNTON BEACH HIGH RIDGE COUNTRY CLUB HIGH RIDGE COUNTRY CLUB EXISTING ZONING: REC PROPOSED ZONING: REC PROPOSED ZONING: REC Sheet TitleRevisionsJob TitleDRC DOCUMENTS NORTH2400 HYPOLUXO ROAD,BOYNTON BEACH, FLORIDA 33462HIGH RIDGE COUNTRY CLUBREZONEPROPOSED ZONINGMAPX2 LEGEND: PROPOSED ZONING MAP PROPOSED ZONING: REC (RECREATION DISTRICT) LOCATION MAP NORTH LEGAL DESCRIPTION HIGH RIDGE COUNTRY CLUB ALL OF PLAT (LESS HYPOLUXO RD R/W) This document has been digitally signed and sealed by Blake M. Kidwell on 03/12/2025. Printed copies of this document are not considered signed and sealed. 988 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 BOUNDARY SURVEYHIGH RIDGE COUNTRY CLUB 989 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 990 NO PARKINGNO PARKINGLANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 991 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 992 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 INTERSTATE 95GULFST R E A M B L V DSEACRESTCONGRESS FEDERAL15TH 23RD HYPOLUXO DIXIEGATEWAY GOLF 22ND BOYNTON BEACH MINER OLD BOYNTON OCEANKNOLLWOOD WOOLBRIGHT HIGH RIDGEOCEAN5 1 20 6 24 8 2 25 17 15 7 19 18 26 22 10 16 4 3 21 23 1413 12 9 11 CONGRESSFEDERALSEACRESTGATEWAY MINER HYPOLUXO 7THDIXIEWOOLBRIGHT 23RD8TH OCEANHIGH RIDGEKNUTHGOLF BOYNTON BEACH1ST 4TH27TH INTERSTATE 9528TH 14TH 26TH11TH17TH MAIN OVERLOOK2NDPOLO22NDQUAIL COVEY13TH OLD OCEAN12TH OLD DIXIE24TH 3RDQUANTUM ORANGE G JAVERTSOUTH RAILROAD9TH NICKELSALTO CHARTER EDGAR PALM15TH 5TH BARKIS MAYFAIR35TH19TH INDUSTRIALSUMMIT LAKE B 18 T H PARK 6TH CORTINAMEADOWS 10THEDITH SUNSET RIDGE 25TH 71ST OAKSAN CASTLERIALTOSEAROMA31STPARK RIDGEOASIS SWINTON30TH LOOMISCORPORATE20TH 29TH SHORE KARENMAXISLESEASY PLAZA LUCINA SANDALW O O D 16TH 34TH CIRCLE 21ST 36TH ASBURYB U X T O N CABRERAGOLFVIEWHORIZONSCANALCHES A P E A K E FINN HILL ESSEX IBIS HARBOUROAKRIDGESMITH SC O T I AESTATE BAMBOO HIGH POINTHASTINGS MILLERMAPLE LITTLE CLUB RIDERBIRCH KAMENAYALESIESTA POTTER RIDGEPOINTE AMBACHCOUNTRY CLUBVALLEYSPANISH RIVERVICTORY 19 T H24THMEADOWS21ST 5TH22ND 1ST23RD 27TH 2ND3RD13TH 16TH 11TH 6TH OCEAN6TH 16TH 13TH13TH 5TH28TH25TH 14TH5TH 5TH9TH 6TH1ST21ST 16TH 1ST9TH15 T H22ND 5TH14TH 4TH1ST14TH1ST4TH3RD2ND6TH1ST 6TH6TH3RD26TH 2ND25TH 7TH 17THOCEAN 6TH5TH3RD3RD 4TH5TH5TH 30TH 4TH3RD13TH 8TH8TH 4TH 22ND1ST3RD9TH 3RD1ST 18TH3RDMINER C A N A L10TH 11TH 2ND2ND 8THOCEAN16TH1ST9TH RIDGE 18TH 15TH1ST 3RD25TH 18TH 10TH8TH 11TH1ST4TH 26TH1STCITY OF BOYNTON BEACH Environmentally Sensitive Lands ® 0 0.5 10.25 Miles Legend ECO VALUE A-Rated B-Rated C-Rated Source: Inventory of Ecosystems in Palm Beach County. Phase III Report. Iverson and Austin, July 1989. Updated: February 2008 1008 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 ☐ The proposed ordinance is enacted to implement the following: 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 02-013 TO REZONE APPROXIMATELY 64.54 ACRES GENERALLY LOCATED WEST OF HIGH RIDGE ROAD BETWEEN HYPOLUXO ROAD AND MINER ROAD, FROM R-1-AA (SINGLE FAMILY RESIDENTIAL DISTRICT) TO REC (RECREATION); DECLARING THE PROPOSED AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 1009 Page 2 of 3 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): The subject area is located west of High Ridge Road and situated between Hypoluxo Road to the north and Miner Road to the south. The overall site consists of 234.46 acres and has a golf course, clubhouse, and other site amenities. While the entire site is under single ownership, the current configuration consists of three (3) parcels and an undeveloped section of right-of-way. The section of right-of-way has a concurrent application for an abandonment. The remaining three (3) parcels do not have a consistent zone designation, consisting of REC and R-1-AA. The large portion of the subject site, located within the REC zoning district, permits the golf course and related structures, however the two parcels, consisting of 64.54 acres, located to the south and east are within the R-1-AA zoning district which does not permit a golf course as a use. While a portion of the golf course is located within the residential zone district, this area would be considered to be a non -conforming use. Any modifications or expansions of the golf course within the R -1-AA zone district would require a rezone. The 64.54 acres in consideration is located within Environmentally Sensitive Lands both A and B-rated. The City of Boynton Beach’s Comprehensive Plan outlin es policies in regard to managing and protecting these areas, as defined below in the section ‘Review Based on Criteria for Future Land Use Map and Rezone’. As the applicant is proposing to expand the golf course and modify aspects of landscaping, and the current pond locations that are located within the R -1-AA zone district, staff advised the requirement for the Future Land Use Map amendment and Rezone. The only portion to be affected will be the 64.54 acres currently zoned R -1-AA. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: 1010 Page 3 of 3 (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: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 1011 City of Boynton Beach Agenda Item Request Form 8.C 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. 01/20/2026 Meeting Date: 01/20/2026 Proposed Ordinance No. 25-044- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, approving the abandonment of a portion of the 60' wide NW 7th Court right-of-way, commencing at the south line of the Stanford Park Plat and terminating at the north right-of-way line of Miner Road; authorizing the City Manager to execute a disclaimer, which shall be recorded with this ordinance in the public records of Palm Beach County, Florida; providing an effective date; and for all other purposes. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-044, at second reading. Explanation of Request: The applicant is requesting the partial abandonment (ABAN-2025.03.1589) of the NW 7 th Court Right-of-Way in conjunction with the following applications: High Ridge Country Club Rezoning (REZN-2025.03.1590) a rezoning of the subject properties from R-1-AA (Single Family Residential District) to REC (Recreation), and High Ridge Country Club Future Land Use Map Amendment (FLUM-2025.03.1591) to change the future land use of the subject properties from LDR (Low Density Residential) to R (Recreational). The abandonment area is outlined below (refer to Exhibit A- Proposed Abandonment): The applicant is requesting to abandon the portion of the right-of-way of NW 7 th Court located between Miner Road and the northern property line of the adjacent parcel owned by High Ridge Country Club (PCN 08434508000001000). This portion of the right-of-way is currently gated off and does not provide access to neighboring properties. The abandoned land will be transferred to the abutting property owner(s). In this case, the vacated right-of-way is abutted by the same parcel both to the east and west, and therefore, the entirety of the vacated right- of-way will be transferred to the property owner of PCN 08434508000001000. There is an existing 12-inch water main and a 6-inch force main located within the existing right-of-way. As part of the concurrent plat application (PLAT-2025.08.5622), a 60-foot-wide utility easement will be provided within the same footprint as the right-of-way being vacated as part of this application. 1012 The subject area is approximately 196,108 square feet (4.502 acres) and 60 feet wide (Exhibit B- Legal Descriptions and Sketches). The applicant has provided a justification statement for the abandonment request (see Exhibit D- Justification Statement). How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: The abandonment will reduce the right-of-way that needs to be maintained by the City, and will increase property tax revenue as the abandoned right-of-way will become a part of the High Ridge Country Club property. Attachments: Ordinance No. 25-044 Agenda_Item_3939- 2025_Ordinance_Approving_abandonment_of_portion_of_60__wide_NW_7th_Ct_ROW__2_.docx ABAN 2025.03.1589_Staff Report.doc Exhibit A - Proposed Abandonment.pdf Exhibit B - Legal Description and Sketches.pdf Exhibit C - Conditions of Approval.docx Exhibit D - Justification Statement.pdf Agenda Item 3939-2025 Business Impact Statement.docx 1013 ORDINANCE NO. 25-044 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 1 BOYNTON BEACH, FLORIDA, APPROVING THE ABANDONMENT OF A 2 PORTION OF THE 60’ WIDE NW 7TH COURT RIGHT-OF-WAY, 3 COMMENCING AT THE SOUTH LINE OF THE STANFORD PARK PLAT 4 AND TERMINATING AT THE NORTH RIGHT-OF-WAY LINE OF MINER 5 ROAD; AUTHORIZING THE CITY MANAGER TO EXECUTE A 6 DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE 7 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 8 PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 9 10 WHEREAS, Applicant is requesting the partial abandonment of NW 7th Court Right-11 Of-Way (“ROW”) located between Miner Road and the northern property line of the adjacent 12 parcel owned by High Ridge Country Club, as recorded in Plat Book 46, Page 67 of the Public 13 Records of Palm Beach County, Florida; and 14 WHEREAS, staff has determined that the requested abandonment would not 15 adversely impact traffic or other City functions, and would not adversely impact other adjacent 16 property owners; and 17 WHEREAS, comments have been solicited from the appropriate City Departments, and 18 public hearings have been held before the City Commission on the proposed abandonment; 19 and 20 WHEREAS, staff has determined that the subject right-of-way no longer serves a 21 public purpose and therefore recommends approval of the request, subject to the 22 accompanying conditions. 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA THAT: 25 26 Section 1. The foregoing “Whereas” clauses are true and correct and incorporated 27 herein by this reference. 28 29 1014 ORDINANCE NO. 25-044 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 30 abandon a portion of the sixty-foot (60’) wide NW 7th Court ROW, commencing at the south 31 line of the Stanford Park Plat and terminating at the north ROW line of Miner Road, as 32 recorded in Plat Book 46, Page 67 of the Public Records of Palm Beach County. The property 33 being abandoned is more particularly described as follows: 34 A PORTION OF NW 7TH COURT, A ROAD RIGHT-OF-WAY, BEING A 35 PORTION OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING 36 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 37 38 COMMENCE AT THE SOUTHEAST CORNER OF STANFORD PARK, A PLAT 39 AS RECORDED AT PLAT BOOK 46, PAGE 67 OF THE PUBLIC RECORDS OF 40 PALM BEACH COUNTY, THENCE N86⁰37’52”W, ALONG THE SOUTH LINE 41 OF SAID STANFORD PARK, 158.93 FEET TO THE POINT OF BEGINNING, 42 BEING THE CENTERLINE OF A SAID NW 7TH COURT, BEING A 60.00 FOOT 43 RIGHT-OF-WAY, 30.00 FEET ON BOTH SIDES OF SAID CENTERLINE; THENCE 44 S03⁰22’07”W ALONG SAID CENTERLINE, 349.64 FEET TO A POINT OF 45 CURVATURE, OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 46 1880.00 FEET AND A CENTRAL ANGLE OF 06⁰38’27”, AND ARC DISTANCE 47 OF 217.90 FEET TO A POINT OF TANGENCY; THENCE S03⁰15’45”E, 15.11 TO 48 A POINT OF CURVATURE OF A CURVE, CONCAVE TO THE WEST, HAVING 49 A RADIUS OF 460.00 FEET AND A CENTRAL ANGLE OF 16⁰37’52”; THENCE 50 SOUTHERLY AN ARC DISTANCE OF 133.52 FEET TO A POINT OF 51 TANGENCY; THENCE S13⁰22’07”E, 289.96 FEET TO A POINT OF 52 CURVATURE, OF A CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 53 300.00 FEET AND A CENTRAL ANGLE OF 13⁰23’14”; THENCE SOUTHERLY 54 AN ARC DISTANCE OF 70.10 FEET TO A POINT OF TANGENCY; THENCE 55 S00⁰01’07”E, 788.63 FEET TO A POINT OF CURVATURE, OF A CURVE, BEING 56 CONCAVE TO THE WEST, HAVING A RADIUS OF 6728.00 FEET AND A 57 CENTRAL ANGLE OF 04⁰51’00”; THENCE SOUTHERLY AN ARC DISTANCE 58 OF 569.52 FEET TO A POINT OF TANGENCY; THENCE S04⁰49’53”W, 834.07 59 FEET TO THE POINT OF TERMINATION. 60 61 SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF MINER ROAD. 62 63 THE PREVIOUS NINE COURSES AND DISTANCES BEING ALONG THE 64 CENTERLINE OF SAID NW 7TH COURT. 65 66 1015 ORDINANCE NO. 25-044 NOTE THE SIDELINES OF THIS DESCRIPTION WILL EXTEND OR SHORTEN, 67 TO BE COMMON WITH THE SOUTH LINE OF SAID STANFORD PARK (PLAT) 68 AND THE NORTH RIGHT-OF-WAY LINE OF SAID MINER ROAD. 69 70 SAID LAND LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, 71 FLORIDA, CONTAINING 196,108 SQUARE FEET, 4.502 ACRES, MORE OR LESS. 72 73 Section 3. The City Manager is hereby authorized and directed to execute the 74 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records 75 of Palm Beach County, Florida. 76 Section 4. This Ordinance shall take effect immediately upon passage. 77 [Signatures on the following page] 78 79 1016 ORDINANCE NO. 25-044 FIRST READING this ____ day of ______________________________, 2025. 80 SECOND READING this ____ day of ____________________________________, 2026. 81 82 83 CITY OF BOYNTON BEACH, FLORIDA 84 85 YES NO 86 Mayor – Rebecca Shelton _____ _____ 87 88 Vice Mayor – Woodrow L. Hay _____ _____ 89 90 Commissioner – Angela Cruz _____ _____ 91 92 Commissioner – Thomas Turkin _____ _____ 93 94 Commissioner – Aimee Kelley _____ _____ 95 96 VOTE ______ 97 98 99 ATTEST: 100 101 _____________________________ ______________________________ 102 Maylee De Jesús, MPA, MMC Rebecca Shelton 103 City Clerk Mayor 104 105 APPROVED AS TO FORM: 106 (Corporate Seal) 107 _______________________________ 108 Shawna Lamb 109 City Attorney110 1017 ORDINANCE NO. 25-044 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the sixty-foot (60’) wide NW 7th Court right-of-way, commencing at the south line of the Stanford Park Plat and terminating at the north right-of-way line of Miner Road, as recorded in Plat Book 46, Page 67 of the Public Records of Palm Beach County, Florida. The property being abandoned is more particularly described as follows: A PORTION OF NW 7TH COURT, A ROAD RIGHT-OF-WAY, BEING A PORTION OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF STANFORD PARK, A PLAT AS RECORDED AT PLAT BOOK 46, PAGE 67 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, THENCE N86⁰37’52”W, ALONG THE SOUTH LINE OF SAID STANFORD PARK, 158.93 FEET TO THE POINT OF BEGINNING, BEING THE CENTERLINE OF A SAID NW 7TH COURT, BEING A 60.00 FOOT RIGHT-OF-WAY, 30.00 FEET ON BOTH SIDES OF SAID CENTERLINE; THENCE S03⁰22’07”W ALONG SAID CENTERLINE, 349.64 FEET TO A POINT OF CURVATURE, OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1880.00 FEET AND A CENTRAL ANGLE OF 06⁰38’27”, AND ARC DISTANCE OF 217.90 FEET TO A POINT OF TANGENCY; THENCE S03⁰15’45”E, 15.11 TO A POINT OF CURVATURE OF A CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 460.00 FEET AND A CENTRAL ANGLE OF 16⁰37’52”; THENCE SOUTHERLY AN ARC DISTANCE OF 133.52 FEET TO A POINT OF TANGENCY; THENCE S13⁰22’07”E, 289.96 FEET TO A POINT OF CURVATURE, OF A CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 13⁰23’14”; THENCE SOUTHERLY AN ARC DISTANCE OF 70.10 FEET TO A POINT OF TANGENCY; THENCE S00⁰01’07”E, 788.63 FEET TO A POINT OF CURVATURE, OF A CURVE, BEING CONCAVE TO THE WEST, HAVING A RADIUS OF 6728.00 FEET AND A CENTRAL ANGLE OF 04⁰51’00”; THENCE SOUTHERLY AN ARC DISTANCE OF 569.52 FEET TO A POINT OF TANGENCY; THENCE S04⁰49’53”W, 834.07 FEET TO THE POINT OF TERMINATION. SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF MINER ROAD. THE PREVIOUS NINE COURSES AND DISTANCES BEING ALONG THE CENTERLINE OF SAID NW 7TH COURT. NOTE THE SIDELINES OF THIS DESCRIPTION WILL EXTEND OR SHORTEN, TO BE COMMON WITH THE SOUTH LINE OF SAID STANFORD PARK (PLAT) AND THE NORTH RIGHT-OF-WAY LINE OF SAID MINER ROAD. SAID LAND LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 196,108 SQUARE FEET, 4.502 ACRES, MORE OR LESS. 1018 ORDINANCE NO. 25-044 IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____ day of ________________________, 2026. ATTEST: CITY OF BOYNTON BEACH, FLORIDA _________________________ _____________________________ Maylee De Jesus, MMC Daniel Dugger, City Manager City Clerk STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of  physical presence or  online notarization, Daniel Dugger, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be his free hand and deed as such officer, for the uses and purposes mentioned therein; that he affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _____ day of ________________, 2026. _____________________________ NOTARY PUBLIC, State of Florida My Commission Expires: 1019 PLANNING & DEVELOPMENT DEPARTMENT ENGINEERING DIVISION STAFF REPORT TO: Mayor Rebecca Shelton Members of the City Commission THRU: Amanda B. Radigan, AICP, LEED AP Development Director FROM: Luiza Pessoa Guazzelli, Engineer III DATE: October 29, 2025 (City Commission Hearing: November 18, 2025, and TBD) PROJECT: NW 7th Court Right-of-Way Vacation (ABAN-2025.03.1589) REQUEST: Approval of partial abandonment of the NW 7th Court Right-of-Way (ABAN- 2025.03.1589) BACKGROUND The applicant is requesting the partial abandonment (ABAN-2025.03.1589) of the NW 7th Court Right-of-Way in conjunction with the following applications: High Ridge Country Club Rezoning (REZN-2025.03.1590) a rezoning of the subject properties from R-1-AA (Single Family Residential District) to REC (Recreation), and High Ridge Country Club Future Land Use Map Amendment (FLUM-2025.03.1591) to change the future land use of the subject properties from LDR (Low Density Residential) to R (Recreational). The abandonment area is outlined below (refer to Exhibit A – Proposed Abandonment): The applicant is requesting to abandon the portion of the right-of-way of NW 7th Court located between Miner Road and the northern property line of the adjacent parcel owned by High Ridge Country Club (PCN 08434508000001000). This portion of the right-of-way is currently gated off and does not provide access to neighboring propertie s. The abandoned land will be transferred to the abutting property owner(s) as per State Statute. In this case, the vacated right-of-way is abutted by the same parcel both to the east and west, and therefore the entirety of the vacated right -of-way will be transferred to the property owner of PCN 08434508000001000. There is an existing 12-inch water main, and a 6-inch force main located within the existing right-of-way. As part of the concurrent plat application (PLAT - 2025.08.5622), a 60-foot-wide utility easement will be provided within the same footprint as the right-of-way being vacated as part of this application. The subject area is approximately 196,108 square feet (4.502 acres) and 60 feet wide (Exhibit B – Legal Descriptions and Sketches). The applicant has provided a justification statements for the abandonment request (see Exhibit D – Justification Statement). The following is a description of the zoning districts and land uses of the properties that surround the subject abandonment request: Adjacent Uses: 1020 NW 7th Court Abandonment (ABAN-2025.03.1589) Page 2 S:\Planning\SHARED\WP\PROJECTS\High Ridge Country Club\ABAN - 2025.03.1589\Commission North: Right-of-way of NW 7th Court continues north of the area being abandoned. On the northwest and northeast, undeveloped parcels, classified Medium Density Residential (MEDR) future land use and zoned Planned Unit Development (PUD); South: Right-of-way of Miner Road, then an undeveloped parcel, classified Industrial (IND) future land use and zoned Single Family Residential District (RS) within unincorporated Palm Beach County; East: On the east, parcel currently developed with the High Ridge Country Club , classified Low Density Residential (LDR) and zoned Single Family Residential District (R1AA); West: On the west, parcel currently developed with the High Ridge Country Club, classified Low Density Residential (LDR) and zoned Single Family Residential District (R1AA); ANALYSIS A notice of the requests was mailed to owners of properties within 400 feet of the subject properties. and signs were posted for the City Commission meeting dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. A summary of the responses received from the City Engineering and Utilities, and the utility companies follows: CITY DEPARTMENTS/DIVISIONS Engineering/Public Works/Forestry/Utilities No objection with conditions (see Exhibit “C” - Conditions of Approval) Planning and Zoning No objection. Police No objection with conditions (see Exhibit “C” - Conditions of Approval) Building No objection. Fire No objection. PUBLIC UTILITY COMPANIES Florida Power and Light Response received. Potential clearance issues on East, West and South side of the property with existing underground/overhead lines. Future relocations and/or addition of FPL facilities subject to full engineering review once finalized electrical/site plans are provided. AT&T Response received. An additional easement will be needed if future facilities are needed in the area. 1021 NW 7th Court Abandonment (ABAN-2025.03.1589) Page 3 S:\Planning\SHARED\WP\PROJECTS\High Ridge Country Club\ABAN - 2025.03.1589\Commission Florida Public Utilities Response received. No objections. Comcast Response received. No objections. City of Boynton Beach Utilities Dept Response received. The required easement width must be 60 feet, which is the same width of the right-of-way to be abandoned. RECOMMENDATION Staff has determined that the requested abandonment (ABAN-2025.03.1589) would not adversely impact traffic or other City functions and would not adversely impact other adjacent property owners. Based on the above-analysis, staff has determined that the subject right-of-way segments no longer serve a public purpose other than retention of necessary utility easements and therefore recommends APPROVAL of the requests, subject to the attached conditions (see Exhibit C - Conditions of Approval). Any conditions required by the Commission will be placed in Exhibit C. 1022 © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS POSSIBLE GOLF HOLE EXPANSIONPOSSIBLE GOLF HOLE EXPANSION POSSIBLE GOLF HOLE EXPANSION DISCOVERY VILLAGE AT BOYNTON BEACH HIGH RIDGE SCRUB NATURAL AREA ROW TO BE VACATED HIGH RIDGE COUNTRY CLUB HIGH RIDGE COUNTRY CLUB PROPOSED 60' UTILITY EASEMENT LOCATION MAP NORTH Sheet TitleRevisionsJob TitleDRC DOCUMENTS NORTHNW 7TH COURTLANTANA, FLORIDA 33462HIGH RIDGE COUNTRY CLUBROW VACATIONRIGHT-OF-WAYVACATION OVERALL EXHIBITX1 1023 1024 1025 1026 1027 1028 1029 1030 EXHIBIT “C” Conditions of Approval Project Name: NW 7th Court Right-of-Way Vacation File number: ABAN-2025.03.1589 DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. The proposed 60’ Utility Easement that will be located within the existing footprint of the right-of-way that is being abandoned shall be reflected on the plat, as required by Utilities. X 2. The abandonment shall be recorded upon the successful creation and recording of the new 60’ Utility Easement through the platting process. This ensures that essential utilities remain protected even as the old right-of-way designation is removed. X 3. Applicant shall provide a cost estimate and payment for the City to install “dead-end” signage at the intersection of NW 7th Court and Newport Place. Payment to be provided prior to plat and abandonment recording. X PLANNING AND ZONING Comments: None. All previous comments acknowledged during DART review. POLICE Comments: 4. Maintain clear lines of sight through landscaping, fencing, and lighting. X BUILDING Comments: None. All previous comments acknowledged during DART review. FIRE Comments: None. All previous comments acknowledged during DART review. CITY COMMISSION CONDITIONS Comments: TBD 1031 September 3, 2025 Re: HIGH RIDGE COUNTRY CLUB (NW 7TH COURT RIGHT OF WAY VACATION) (Case #2025.03.1589) Review Criteria. The vacation and abandonment of a right-of-way, special purpose easement, or other non-fee interest of the city shall be based on a demonstration that the above interest no longer serves a public purpose and there is no encumbrance which would prohibit the clear transfer of ownership of such land. The following review criteria shall be used to justify an application: Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal? The existing right-of-way is not accessible to the public as a vehicular gate is located along the northern property line. The vacation of this right-of-way will not cause any impact to the surrounding neighborhoods or emergency services as the existing right-of-way runs through private property. The Applicant is providing a 60’ utility easement in place of the entirety if the vacationed right-of-way. Utilities. Does the subject land contain, support, or allow potable water, sanitary sewer, or any other utility (e.g. cable, telephone, electricity, gas, etc.), which would be permanently stopped or interrupted, or cause an unacceptable level of service to the subject lot or neighboring lots, subdivisions, or developments? The site’s water utilities will remain as existing. The Applicant has requested utility notification letters from BellSouth Telephone/AT&T, City of Boynton Beach Utilities Department, Comcast, Florida Public Utilities, and FPL to determine if there are any existing utilities in the area. Each utility company has been notified with this request that the existing right-of-way to be vacated will be replaced with a 60’ utility easement for the entirety of the right-of-way to be vacated. The Applicant has received responses with no objection of the right-of-way vacation from BellSouth Telephone/AT&T, Boynton Beach Utilities Department and Comcast. Boynton Beach Utilities Department has required within their letter “The required easement width must be 60 feet, which is the same as the width of the right-of-way to be abandoned.” As indicated above, this requirement will be met. The Applicant has not received notification back from Florida Public Utilities and FPL. Drainage and Wastewater Management. Does the subject land contain, support, or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments, which would cause or result in a stoppage, interruption, or unacceptable level of service? 1032 The Site’s existing right-of-way is undeveloped and after the vacation, the right-of-way will be added to the overall drainage plans for High Ridge Country Club. Conservation. Does the subject land contain, support, or allow the means for the conservation or preservation of flora or fauna? The area to be vacated falls within the Environmentally Sensitive Land ‘A’ rated area but is covered by a utility easement which would preclude any additional landscaping. 1033 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: 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ABANDONMENT OF A PORTION OF THE 60’ WIDE NW 7TH COURT RIGHT-OF- WAY, COMMENCING AT THE SOUTH LINE OF THE STANFORD PARK PLAT AND TERMINATING AT THE NORTH RIGHT-OF-WAY LINE OF MINER ROAD; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 1034 Page 2 of 2 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): 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): 1035 City of Boynton Beach Agenda Item Request Form 8.D 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. 01/20/2026 Meeting Date: 01/20/2026 Proposed Ordinance No. 25-045- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Chapter 3, Article III, Section 2.G IPUD; Chapter 3, Article IV, Section 3 Use Regulations; Chapter 4, Article III, Section 8.A.3.b Plaza Requirements; and Chapter 4, Article IV, Section 4.C.1 Signs amending IPUD (Infill Planned Unit Development) for clarifications that only residential uses are permitted; providing for codification; conflicts; severability; and an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-045, at second reading. Explanation of Request: Staff is proposing to amend the IPUD zoning district by removing any language referring to a marina, and clarify that only residential uses are permitted in the zoning district. The purpose of the IPUD zoning district is to implement the HDR (High Density Residential) and SHDR (Special High Density Residential) future land use map (FLUM) designations of the Comprehensive Plan. The district is intended for infill purposes, promoting new development and redevelopment at densities no greater than twenty (20) dwelling units per acre. The proposed amendments are to remove any mixed-use or non-residential language from the Land Development Regulations within an IPUD zoning district, therefore clarifying and reinforcing the above intent for the zoning district. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A 1036 Attachments: Ord. 25-045 Agenda_Item_3956-2025_-_Amending_Land_Use_Regulations_IPUD.docx Exhibit_A_-_Staff_Report_-_CDRV_25-010_Final.docx Attachment 1 - Chapter 3 - Article III - Section 2 - G - IPUD - Strikethrough.doc Attachment 2 - Chapter 3 - Article IV - Section 3 - Use Regulations - Strikethrough.docx Attachment 3 - Chapter 4 - Article III - Section 8 - A.3.b - Plaza Requirement - Strikethrough.doc Attachment 4 - Chapter 4 - Article IV - Section 4 - 4.C.1 - Sign Standards - Strikethrough.doc business-impact-estimate-.docx 1037 Page 1 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-045 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING PART III “LAND 4 DEVELOPMENT REGULATIONS,” CHAPTER 3, ARTICLE III, SECTION 2.G 5 “IPUD”; CHAPTER 3, ARTICLE IV, SECTION 3 “USE REGULATIONS”; 6 CHAPTER 4, ARTICLE III, SECTION 8.A.3.b “OPEN SPACE AND PLAZA 7 REQUIREMENTS”; AND CHAPTER 4, ARTICLE IV, SECTION 4.C.1 “WALL 8 SIGN” FOR CLARIFICATIONS THAT ONLY RESIDENTIAL USES ARE 9 PERMITTED; PROVIDING FOR CODIFICATION; PROVIDING FOR 10 SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN 11 EFFECTIVE DATE. 12 13 WHEREAS, Part III “Land Development Regulations,” Chapter 3 “Zoning,” and Chapter 4 14 “Site Development Standards” of the City’s Code of Ordinances currently establishes use 15 regulations and design standards for the Infill Planned Unit Development (“IPUD”) District; and 16 WHEREAS, the Planning and Zoning Department would like to amend the Land 17 Development Regulations to update use regulations and design standards for the IPUD District; 18 and 19 WHEREAS, the purpose of the IPUD zoning district is to implement the High Density 20 Residential (“HDR”) and Special High Density Residential (“SHDR”) future land use map (“FLUM”) 21 designations of the Comprehensive Plan by promoting infill development and redevelopment at 22 densities no greater than twenty (20) dwelling units per acre; and 23 WHEREAS, the amendments remove any mixed-use or non-residential language from the 24 Land Development Regulations within an IPUD zoning district, therefore clarifying and reinforcing 25 the above intent for the zoning district; and 26 1038 Page 2 of 15 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 27 health, safety, and welfare of the citizens of the City of Boynton Beach. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, FLORIDA: 30 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 31 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 32 Section 2: Part III “Land Development Regulations,” Chapter 3 “Zoning,” Article III 33 “Zoning Districts and Overlay Zones,” Section 2 “Residential Districts,” is hereby amended to read 34 as follows: 35 PART III LAND DEVELOPMENT REGULATIONS 36 … 37 CHAPTER 3. ZONING 38 … 39 ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES 40 … 41 Section 2. RESIDENTIAL DISTRICTS. 42 43 G. IPUD Infill Planned Unit Development District. 44 1. General. 45 a. Purpose and Intent. The purpose of the IPUD zoning district is to implement the High 46 Density Residential (HDR) and Special High Density Residential (SHDR) future land use 47 map (FLUM) classifications of the Comprehensive Plan. This district is intended for infill 48 purposes, promoting new development and redevelopment in areas located east of 49 Interstate 95 at densities no greater than twenty (20) dwelling units per acre. This district 50 is also intended to promote water access and recreational opportunities with 51 accommodations of uses, including marine-oriented and water dependent uses in both 52 1039 Page 3 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. mixed use developments and limited single-use projects. The IPUD district includes design 53 standards that exceed the standards of the basic development standards in terms of site 54 design, building architecture and construction materials, amenities and landscape design. 55 The extent of variance or exception to basic design standards, including but not limited to 56 requirements for parking spaces, parking lot and circulation design, and setbacks, will be 57 dependent on how well the proposed project otherwise exceeds the other applicable 58 standards. 59 The IPUD shall minimize adverse impacts on surrounding property. The city is not 60 obligated to automatically approve the level of development intensity requested for the 61 IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for 62 a particular location in terms of land use compatibilities. The city may require, as a 63 condition of approval, any limitation, condition, or design factor that will provide a 64 reasonable transition to adjacent development. 65 In order to be approved, an IPUD project must be compatible with and preserve the 66 character of adjacent residential neighborhoods. Factors to consider in determining 67 compatibility may include, but not necessarily be limited to, proposed use, massing, and 68 layout. Further, it must be an enhancement to the local area and the city in general. 69 Projects that fail to do so will be denied. 70 Each IPUD project is independent and will be evaluated solely on its own merits. The 71 inclusion of certain features in a previously approved IPUD project will not automatically 72 be entertained as a valid argument for the inclusion of that same feature in any other IPUD 73 project if the city determines to reject those features. 74 b. Prerequisite Location Standards. The IPUD district creates an opportunity to promote 75 sustainability with respect to land use, energy conservation and resource management. 76 Rezoning to the IPUD district is encouraged for proposed development or redevelopment 77 on lands that are in close proximity to existing infrastructure, public and alternative 78 transportation routes and modes, employment centers, community areas, or have been 79 impacted by environmental contamination. In reaching recommendations and decision as 80 to zoning land to IPUD, the Advisory Board and City Commission shall apply the following 81 location standards, in addition to the standards applicable to the rezoning of land 82 generally: 83 (1) Any IPUD district that contains non-residential uses must principally front on 84 streets classified as "Arterial" on the "Functional Classification of Roadways" map 85 in the city Comprehensive Plan; 86 1040 Page 4 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (2) Any non-residential component must front on the arterial roadway or on an 87 access road wholly contained within the project with neither entrances nor exit on 88 or visible from or disruptive to adjacent properties, local streets, and rights-of-way. 89 2. Use(s) Allowed. See Chapter 3, Article IV, Section 3.C. for specific regulations pertaining to the 90 IPUD district and Chapter 3, Article IV, Section 3.D. ("Use Matrix Table 3-28") for a list of allowable 91 uses. 92 3. Building and Site Regulations (Table 3-12). The following building/site regulations apply to the 93 entire IPUD development. 94 95 BUILDING/SITE REGULATIONS 4 IPUD District Minimum project area: None Maximum project area: Less than 5 acres Minimum lot frontage: Flexible1 Minimum perimeter yard setbacks: Front: Flexible2 Rear: Flexible2 Interior side: Flexible2 Corner side: Flexible2 Maximum lot coverage: 50% Maximum structure height: 45 feet 96 1 Individual lots within an IPUD development contain flexible standards relative to 97 minimum required lot frontage and lot area for each unit. Pursuant to Chapter 3, 98 Article IV, Section 3.D., a marina use shall require a minimum lot frontage of one 99 hundred fifty (150) feet and a minimum average width of two hundred (200) feet. 100 1041 Page 5 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 2 The minimum required perimeter building setbacks of an IPUD are flexible except 101 where adjacent to single-family residential zoning. Where adjacent to single-family 102 residential zoning, the required perimeter building setbacks of the IPUD shall 103 resemble the setbacks of the adjacent development based upon the orientation of 104 structures with said development. Also, perimeter buildings shall have an increased 105 setback of one (1) additional foot for every foot of building height in excess of 106 thirty (30) feet. If vegetation, screening, or other barriers and/or creative design on 107 the perimeter of an IPUD achieve compatibility with adjacent uses, the city may 108 grant some relief from the aforementioned requirement. A structure shall be 109 considered to be on the perimeter if there is no intervening building between it 110 and the property line. Project design along abutting roadway(s), including setbacks, 111 shall be based on existing development patterns or applicable recommendation 112 from the respective development plan. 113 3 A lesser building height may be required for compatibility with adjacent 114 development. See Note #2 above for additional setback requirements relative to 115 building height. 116 4. Review and Approval Process. 117 a. All development and redevelopment within the IPUD district shall be governed by a 118 master plan with approval granted by the City Commission in accordance with Chapter 2, 119 Article II, Section 2.D.6. 120 b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.F. 121 prior to application for building permit. 122 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, 123 Minimum Off-Street Parking Requirements. 124 6. Modifications. Any modification proposed within the IPUD shall be in conformance with Master 125 Plan modifications pursuant to Chapter 2, Article II, Section 2.D.6. 126 7. Miscellaneous. 127 a. See Chapter 4, Article II, Section 4.B.5 for additional standards pertaining to the required 128 landscaping along rights-of-way. 129 b. See Chapter 4, Article III, Section 4. for community design standards regarding required 130 site design in instances where the subject IPUD project is adjacent to single-family 131 residential zoning districts. 132 1042 Page 6 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. c. See Chapter 4, Article VIII, Section 3.C.4.b.(2) for additional standards pertaining to the 133 minimum width of rights-of-way and vehicular circulation. 134 d. If an IPUD is located with frontage on the Intracoastal Waterway, conditions of approval 135 shall include a deed restriction requiring that any marina or dockage built will not exceed 136 in width the boundaries of the project's actual frontage on the water, regardless of what 137 any other governing or permitting entity may allow or permit. 138 e. Exterior lighting of the exterior, parking areas and watercraft docking facilities of the 139 planned development shall be of the lowest height, intensity, and energy use adequate for 140 its purpose, and shall not create conditions of glare that extend onto abutting properties. 141 f. The physical attributes of the site shall be respected with particular concern for 142 preservation of natural features, tree growth, and open space. 143 g. Special emphasis shall be placed on trash collection points. 144 h. Trash containers or dumpsters must be screened and designed such that they are not 145 visible from or disruptive to adjacent properties, streets, and rights-of-way while still being 146 conveniently accessible to their users and collectors. 147 Section 3: Part III “Land Development Regulations,” Chapter 3 “Zoning,” Article IV “Use 148 Regulations,” Section 3 “Use Regulations,” is hereby amended to read as follows: 149 CHAPTER 3. ZONING 150 … 151 ARTICLE IV. USE REGULATIONS 152 … 153 Sec. 3. Use Regulations. 154 D. Use Matrix (Table 3-28). P = Permitted C = Conditional A = Accessory R- 1- A A B R- 1- A A R- 1- A R- 1 R- 2 R- 3 IP U D P U D M H P C- 1 C- 2 C- 3 C- 4 C B D P C D S M U M U- 1 M U- 2 M U- 3 M U- 4 M U- C M -1 PI D P U REC ARTS, ENTERTAINMENT & RECREATIONAL Marina, (including Yacht Club) P 79 P 79 P 11 P 11 P 11 P 11 P 11 1043 Page 7 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. D. Use Matrix (Table 3-28). P = Permitted C = Conditional A = Accessory R- 1- A A B R- 1- A A R- 1- A R- 1 R- 2 R- 3 IP U D P U D M H P C- 1 C- 2 C- 3 C- 4 C B D P C D S M U M U- 1 M U- 2 M U- 3 M U- 4 M U- C M -1 PI D P U REC 79 79 79 79 79 … 155 11. General Note. This use shall be integrated into a mixed use building or development. 156 … 157 79. Marina, Including Yacht Club. 158 a. All Districts. Marinas, including yacht clubs, are limited to the following uses: mooring 159 and docking of private pleasure craft; sale of fuels and lubricants; occupancy of private 160 craft as living quarters provided that such craft are connected to public sewer facilities; 161 operation of drift and charter fishing boats and sightseeing boats; bait and tackle shops. 162 b. IPUD District. Private marinas, as a principal use, requires the following: 163 (1) Minimum lot area: Four (4) acres. 164 (2) Minimum lot frontage: One hundred fifty (150) feet and minimum average width 165 of two hundred (200) feet. 166 (3) Maximum height: Forty-five (45) feet. 167 (4) Principal land uses may include boat and yacht clubs, and private or public 168 marinas (see Chapter 1, Article II, Definitions) contingent upon being located within 169 an area identified with the “Preferred” siting designation by the 2007 Palm Beach 170 County Manatee Protection Plan. However, major repairs and boatels, or residing 171 on boats, shall be prohibited in the IPUD district. Additionally, all sale or minor 172 repair of boats, or components thereof, shall only occur within a fully enclosed 173 structure except as otherwise allowed by paragraph (6) below. The above noted 174 principal uses, when combined with residential uses, in which the residential 175 component occupies twenty-five percent (25%) or more of the total land area, shall 176 be considered permitted uses, otherwise such marine uses shall require conditional 177 use approval. 178 1044 Page 8 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (5) Boatels and the residing on boats shall be prohibited within the IPUD district, 179 except that temporary stays shall be allowed for a maximum of three (3) nights 180 within a twelve (12)-month period. 181 (6) The following uses shall be allowed as accessory to one (1) of the principal 182 marine uses described above: boat brokerages, ship's stores, tackle shops, 183 maritime museums or other related educational uses, restaurants, boat ramps, and 184 other launching facilities. 185 (7) Marine-oriented and water dependent uses shall meet all the requirements of 186 Section 3.C.5. above, except for subparagraph (a) in that a marina may be the sole 187 principal use of a project and is not required as a component of a mixed use 188 development containing dwelling units. 189 (8) No outdoor dry storing or stacking of boats or other related items shall be 190 allowed, except that outdoor displays are allowed for sales purposes as long as the 191 boats are restricted to ground level display, are not visible from abutting rights-of-192 way or residential properties, and are not placed within landscape areas or required 193 parking spaces. 194 (9) Wash down and other post-use servicing shall be done within the dry storage 195 building or within an enclosed structure (e.g., three-sided and roofed) designed 196 and oriented to minimize external impacts. 197 (10) Water used for flushing and other cleaning activities shall be properly 198 pretreated prior to discharge into the stormwater system, and conservation 199 measures shall be considered to facilitate reclamation/recycling. 200 (11) No outdoor speakers shall be allowed other than for low volume music that is 201 not audible off-site. 202 (12) In addition to adhering to the city's sound regulations, no equipment, 203 machines, or tools shall be used between the hours of 8:00 a.m. and 6:00 p.m. that 204 generates noise unique to a residential neighborhood. 205 (13) See Chapter 4, Article III, Section 3.G.6. for additional design regulations for 206 commercial buildings and boat storage facilities. 207 (14) Landscaping above and beyond the regulations cited elsewhere in this Code 208 shall be required for all non-residential buildings in excess of forty thousand 209 (40,000) square feet, in order to reduce the perceived scale and massing of such 210 buildings. 211 1045 Page 9 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (15) The width of the foundation planting areas visible from streets or residential 212 properties shall be fifty percent (50%) of the façade height. The applicant may 213 submit an alternate planting plan that depicts the required screening/softening of 214 the large building façades, however in no instance shall the planting area be less 215 than twelve (12) feet in width. 216 (16) The height of the plant material shall be in relation to the height of the 217 adjacent façade or wall. Further, the height of fifty percent (50%) of the required 218 trees or palms shall be a minimum of two-thirds (2/3) of the height of the building. 219 One (1) canopy tree or a cluster of three (3) palm trees shall be installed within the 220 foundation planting area every twenty (20) feet on center along each façade visible 221 from streets or residential properties. Canopy and palm trees shall be distributed 222 along the entire façade where foundation landscaping areas are required, with 223 understory plant material arranged in the areas between the low growing shrubs 224 and tree or palm canopies. The applicant may submit an alternate planting plan 225 that depicts the rearrangement of plant material in order not to interfere with 226 required building enhances discussed herein. 227 (17) A perimeter landscape barrier shall be required between incompatible uses 228 and/or zoning districts; or where there are differences in density, intensity, or 229 building heights or mass; or for those certain uses requiring additional screening 230 in order to shield outdoor storage or operations. The barrier shall consist of a 231 decorative buffer wall of at least six (6) feet in height, in addition to a variety of 232 densely planted trees, hedges and shrubs. In areas where sufficient width is 233 provided or staff determines additional buffering is warranted, a berm may be 234 required in addition to the above regulations. 235 (18) The applicant shall demonstrate through site design and buffering how sound 236 associated with the non-residential components of the project will be mitigated. 237 … 238 Section 4: Part III “Land Development Regulations,” Chapter 4 “Site Development 239 Standards,” Article III “Exterior Building and Site Design Standards,” Section 8 “Open Space and 240 Plaza Requirements,” is hereby amended to read as follows: 241 PART III LAND DEVELOPMENT REGULATIONS 242 … 243 CHAPTER 4. SITE DEVELOPMENT STANDARDS 244 1046 Page 10 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. … 245 ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS 246 … 247 SECTION 8. OPEN SPACE AND PLAZA REQUIREMENTS 248 249 A. General. 250 1. Purpose and Intent. Open air and semi-enclosed public gathering spaces can act as 251 central organizing elements in a large development. They can also contribute to the 252 relationship between different land uses and provide focal points and anchors for 253 pedestrian activity. 254 2. Conflict. Whenever the regulations and requirements of this code are at conflict with 255 any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most 256 restrictive shall apply. Additionally, specific design provisions within the zoning district 257 regulations of this subsection shall take precedence over the General Design Standards of 258 Section 7.B. below. 259 3. Applicability (by Zoning District). 260 a. Mixed Use 4 (MU-4) and Mixed Use Core (MU-C) Districts. Pursuant to Chapter 261 3, Article III, Section 5.C.1, usable open space shall be required for all developments 262 two (2) acres in size or larger. Such space shall be devoted to usable open space, 263 consisting of plazas or public open space, excluding private recreation areas. 264 b. Infill Planned Unit Development (IPUD). A minimum of 200 square feet of usable 265 open space shall be required per dwelling unit pursuant to Chapter 3, Article III, 266 Section 2.G.3. The physical attributes of the site shall be respected with particular 267 concern for preservation of natural features, tree growth and open space. Interior 268 and open spaces shall meet the following criteria: 269 (1) Shall be required for residential development projects and mixed-use 270 residential projects; 271 (2) Shall be designed to be available and accessible to every dwelling unit 272 proposed; 273 1047 Page 11 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (3) Shall include consolidated areas principally set aside for active or passive 274 recreational space; 275 (4) Shall, where feasible, be centrally located in the development; 276 (5) May be designed or sited in conjunction with but shall not include 277 private courtyards, landscape strips, perimeter landscape buffers, 278 preservation/natural areas, and water bodies; and 279 (6) Shall not be occupied by streets, drives, parking areas, or structures 280 other than recreational structures. 281 Section 5: Part III “Land Development Regulations,” Chapter 4 “Site Development 282 Standards,” Article IV “Sign Standards,” Section 4 “Standards,” is hereby amended to read as 283 follows: 284 PART III LAND DEVELOPMENT REGULATIONS 285 … 286 CHAPTER 4. SITE DEVELOPMENT STANDARDS 287 … 288 ARTICLE IV. SIGN STANDARDS 289 … 290 SECTION 4. STANDARDS 291 292 C. Permanent Signs. It shall be unlawful to affix, erect, locate, or maintain any permanent sign 293 off-premises unless otherwise authorized under this subsection. Permanent signs shall be 294 allowed in accordance with the following provisions: 295 1. Wall Sign (Affixed to Building). 296 Zoning District Ratio of Maximum Allowable Signage Area Sign Area (square feet) Building Frontage 1048 Page 12 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Residential Single-Family districts 1 R-2 1 PUD 1 R-3 2 IPUD 2 CBD Industrial5 1 s.f. 5 1-foot Commercial, excluding CBD Mixed Use Miscellaneous 1.5 s.f.3 1-foot 3, 4 a. General. One (1) or more wall signs, which typically advertises the name of the 297 establishment, organization, product, or service, are allowed on the façade of a 298 building, provided such sign(s) and supports do not extend in excess of eighteen 299 (18) inches off of the face of the building wall, beyond the building corner, or at all 300 above the parapet. An exception may be made for architectural elements that 301 provide a roofline break such as an entry feature with a minimum offset forward of 302 the typical building wall of three (3) feet. 303 b. Maximum Sign Area (Table 4-14). The maximum allowable wall sign area is a 304 factor of the zoning district within which a building is located and the length of 305 such building. Specifically, it shall be based on the ratio of wall and to each linear 306 foot of building frontage or tenant space frontage. 307 1 Wall signs are allowed for nonresidential developments within the 308 following: 1) single-family residential districts; 2) the R-2 and PUD districts; 309 and 3) all developments containing multiple-family residential uses (in 310 excess of ten (10) dwelling units). The cumulative signage area shall not 311 exceed thirty-two (32) square feet. The top of the sign(s) shall not exceed 312 the height of ten (10) feet. 313 2 Wall signs are allowed within all developments containing multi-family 314 residential or non-residential uses. 315 3 The maximum wall sign area may be increased by ten percent (10%) to 316 allow for additional signage on rear façades of multiple-tenant buildings 317 within non-residential developments (see Section 5.C.2.d below), and for 318 1049 Page 13 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. standalone commercial buildings with property frontage 50 feet wide or 319 less, maximum sign area is increased to 2.0 s.f. per 1 foot of frontage. 320 4 For a multiple-tenant building designed as an indoor shopping mall, the 321 maximum allowable wall sign area may be increased, provided the total 322 signage area (per wall of a major department store or center store 323 containing an exterior customer entrance) does not exceed ten percent 324 (10%) of the area for each façade. 325 5 Non-industrial businesses allowed in an industrial zoning district on an 326 arterial right-of-way under the zoning regulations would be allowed a 327 multiplier of one and one-half (1.5) square foot of wall signage per one (1) 328 foot of building frontage. 329 c. Signs on Multiple-Story Buildings. Wall signs are allowed on upper floors of 330 multiple-story buildings, but only in the following instances: 1) the building is 331 designed for and contains multiple tenants or occupants, and the entrance doors 332 for such tenants or occupants (on upper floors) are designed external to the 333 building; or 2) the sign, which indicates the name of the building or its major tenant, 334 is placed near the top of the building regardless of any external doors on upper 335 floors. In both instances however, the signage is considered "wall sign (affixed to 336 building)," and shall count toward the aggregate wall signage area. Wall signs 337 located on upper floors, excluding the building or major tenant name as identified 338 above, shall be located in front of each tenant space or bay. 339 d. Community Design Standards. See Section 5.C.2. below for additional 340 community design standards regarding wall signs. 341 Section 6: Codification. It is the intention of the City Commission of the City of 342 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and 343 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that 344 Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be 345 changed to “Section,” “Article,” or such other word or phrase in order to accomplish such intention. 346 1050 Page 14 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 7: Severability. If any clause, section, or other part of this Ordinance shall be 347 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 348 or invalid part shall be considered as eliminated and in no way affecting the validity of the other 349 provisions of this Ordinance. 350 Section 8: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or 351 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such 352 conflict. 353 Section 9: Effective Date. This Ordinance shall take effect immediately upon 354 passage. 355 Signatures Page to Follow 356 1051 Page 15 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of __________, 2025. 357 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 358 CITY OF BOYNTON BEACH, FLORIDA 359 YES NO 360 361 Mayor – Rebecca Shelton _____ _____ 362 363 Vice Mayor – Woodrow L. Hay _____ _____ 364 365 Commissioner – Angela Cruz _____ _____ 366 367 Commissioner – Thomas Turkin _____ _____ 368 369 Commissioner – Aimee Kelley _____ _____ 370 371 VOTE ______ 372 ATTEST: 373 374 375 _____________________________ 376 Maylee DeJesús, MMC Rebecca Shelton 377 City Clerk Mayor 378 379 APPROVED AS TO FORM: 380 (Corporate Seal) 381 382 Shawna G. Lamb 383 City Attorney 384 1052 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor Rebecca Shelton and Members of the City Commission THRU: Amanda Radigan, AICP, LEED AP Planning and Development Director FROM: Gabe Sevigny, Principal Planner DATE: October 28, 2025 City Commission Dates: December 2, 2025 & December 16, 2025 REQUEST: Approve amendments to Chapter 3, Article III, Section 2.G IPUD; Chapter 3, Article IV, Section 3 Use Regulations; Chapter 4, Article III, Section 8.A.3.b Plaza Requirements; and Chapter 4, Article IV, Section 4.C.1 amending IPUD (Infill Planned Unit Development) for clarifications that only residential uses are permitted. ________________ OVERVIEW Staff is proposing to amend the IPUD zoning district by removing any language referring to a marina, and clarify that only residential uses are permitted in the zoning district. EXPLANATION & PROPOSED AMENDMENT The purpose of the IPUD zoning district is to implement the HDR (High Density Residential) and SHDR (Special High Density Residential) future land use map (FLUM) designations of the Comprehensive Plan. The district is intended for infill purposes, promoting new development and redevelopment at densities no greater than twenty (20) dwelling units per acre. The proposed amendments are to remove any mixed-use or non-residential language from the Land Development Regulations within an IPUD zoning district, therefore clarifying and reinforcing the above intent for the zoning district. CONCLUSION/RECOMMENDATION Staff recommends APPROVAL of the subject amendments to the IPUD zoning district within the Land Development Regulations. 1053 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 1 PART III LAND DEVELOPMENT REGULATIONS … CHAPTER 3. ZONING … ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES … Section 2. RESIDENTIAL DISTRICTS. G. IPUD Infill Planned Unit Development District. 1. General. a. Purpose and Intent. The purpose of the IPUD zoning district is to implement the High Density Residential (HDR) and Special High Density Residential (SHDR) future land use map (FLUM) classifications of the Comprehensive Plan. This district is intended for infill purposes, promoting new development and redevelopment in areas located east of Interstate 95 at densities no greater than twenty (20) dwelling units per acre. This district is also intended to promote water access and recreational opportunities with accommodations of uses, including marine-oriented and water dependent uses in both mixed use developments and limited single-use projects. The IPUD district includes design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent o n how well the proposed project otherwise exceeds the other applicable standards. The IPUD shall minimize adverse impacts on surrounding property. The city is not obligated to automatically approve the level of development intensity requested for the IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for a particular location in terms of land use compatibilities. The city may require, as a condition of approval, any limitation, condition, or design factor that will provide a reasonable transition to adjacent development. In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. Factors to consider in determining compatibility may include, but not n ecessarily be limited to, proposed use, massing, and layout. Further, it must be an enhancement to the local area and the city in general. Projects that fail to do so will be denied. 1054 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 2 Each IPUD project is independent and will be evaluated solely on its own merits. The inclusion of certain features in a previously approved IPUD project will not automatically be entertained as a valid argument for the inclusion of that same feature in any other IPUD project if the city determines to reject those features. b. Prerequisite Location Standards. The IPUD district creates an opportunity to promote sustainability with respect to land use, energy conservation and resource management. Rezoning to the IPUD district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have been impacted by environmental contamination. In reaching recommendations and decision as to zoning land to IPUD, the Advisory Board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Any IPUD district that contains non-residential uses must principally front on streets classified as "Arterial" on the "Functional Classification of Roadways" map in the city Comprehensive Plan; (2) Any non-residential component must front on the arterial roadway or on an access road wholly contained within the project wit h neither entrances nor exit on or visible from or disruptive to adjacent properties, local streets, and rights-of-way. 2. Use(s) Allowed. See Chapter 3, Article IV, Section 3.C. for specific regulations pertaining to the IPUD district and Chapter 3, Article IV, Section 3.D. ("Use Matrix Table 3-28") for a list of allowable uses. 3. Building and Site Regulations (Table 3-12). The following building/site regulations apply to the entire IPUD development. BUILDING/SITE REGULATIONS 4 IPUD District Minimum project area: None Maximum project area: Less than 5 acres Minimum lot frontage: Flexible1 Minimum perimeter yard setbacks: Front: Flexible2 Rear: Flexible2 Interior side: Flexible2 Corner side: Flexible2 Maximum lot coverage: 50% Maximum structure height: 45 feet 1055 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 3 1 Individual lots within an IPUD development contain flexible standards relative to minimum required lot frontage and lot area for each unit. Pursuant to Chapter 3, Article IV, Section 3.D., a marina use shall require a minimum lot frontage of one hundred fifty (150) feet and a minimum average width of two hundred (200) feet . 2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family residential zoning, the required perimeter building setbacks of the IPUD shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also, perimeter buildings shall have an increased setback of one (1) additional foot for every foot of building height in excess of thirty (30) feet. If vegetation, screening, or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses, the city may grant some relief from the aforementioned requirement. A structure shall be considered to be on the perimeter if there is no intervening building between it and the property line. Project design along abutting roadway(s), including setbacks, shall be based on existing development patterns or applicable recommendation from the respective development plan. 3 A lesser building height may be required for compatibility with adjacent development. See Note #2 above for additional setback requirements relative to building height. 4. Review and Approval Process. a. All development and redevelopment within the IPUD district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section 2.D.6. b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.F. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Modifications. Any modification proposed within the IPUD shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article II, Section 2.D.6. 7. Miscellaneous. a. See Chapter 4, Article II, Section 4.B.5 for additional standards pertaining to the required landscaping along rights-of-way. b. See Chapter 4, Article III, Section 4. for community design standards regarding required site design in instances where the subject IPUD project is adjacent to single-family residential zoning districts. c. See Chapter 4, Article VIII, Section 3.C.4.b.(2) for additional standards pertaining to the minimum width of rights-of-way and vehicular circulation. 1056 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 4 d. If an IPUD is located with frontage on the Intracoastal Wa terway, conditions of approval shall include a deed restriction requiring that any marina or dockage built will not exceed in width the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit. e. Exterior lighting of the exterior, parking areas and watercraft docking facilities of the planned development shall be of the lowest height, intensity, and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. f. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth, and open space. g. Special emphasis shall be placed on trash collection points. h. Trash containers or dumpsters must be screened and designed such that they are not visible from or disruptive to adjacent properties, streets, and rights - of-way while still being conveniently accessible to their users and collectors. 1057 CHAPTER 3. ZONING … ARTICLE IV. USE REGULATIONS … Sec. 3. Use Regulations. D. Use Matrix (Table 3-28). P = Permitted C = Conditional A = Accessory R-1- AAB R-1- AA R-1- A R-1 R-2 R-3 IPUD PUD MHP C-1 C-2 C-3 C-4 CBD PCD SMU MU-1 MU-2 MU-3 MU-4 MU- C M-1 PID PU REC ARTS, ENTERTAINMENT & RECREATIONAL Marina, (including Yacht Club) P 79 P 79 P 11 79 P 11 79 P 11 79 P 11 79 P 11 79 1058 … 11. General Note. This use shall be integrated into a mixed use building or development. … 79. Marina, Including Yacht Club. a. All Districts. Marinas, including yacht clubs, are limited to the following uses: mooring and docking of private pleasure craft; sale of fuels and lubricants; occupancy of private craft as living quarters provided that such craft are connected to public sewer facilities; operation of drift and charter fishing boats and sightseeing boats; bait and tackle shops. b. IPUD District. Private marinas, as a principal use, requires the following: (1) Minimum lot area: Four (4) acres. (2) Minimum lot frontage: One hundred fifty (150) feet and minimum average width of two hundred (200) feet. (3) Maximum height: Forty-five (45) feet. (4) Principal land uses may include boat and yacht clubs, and private or public marinas (see Chapter 1, Article II, Definitions) contingent upon being located within an area identified with the “Preferred” siting designation by the 2007 Palm Beach County Manatee Protection Plan. However, major repairs and boatels, or residing on boats, shall be prohibited in the IPUD district. Additionally, all sale or minor repair of boats, or components thereof, shall only occur within a fully enclosed structure except as otherwise allowed by paragraph (6) below. The above noted principal uses, when combined with residential uses, in which the residential component occupies twenty- five percent (25%) or more of the total land area, shall be considered permitted uses, otherwise such marine uses shall require conditional use approval. (5) Boatels and the residing on boats shall be prohibited within the IPUD district, except that temporary stays shall be allowed for a maximum of three (3) nights within a twelve (12)-month period. (6) The following uses shall be allowed as accessory to one (1) of the principal marine uses described above: boat brokerages, ship's stores, tackle shops, maritime museums or other related educational uses, restaurants, boat ramps, and other launching facilities. (7) Marine-oriented and water dependent uses shall meet all the requirements of Section 3.C.5. above, except for subparagraph (a) in that a marina may be the sole principal use of a project and is not required as a component of a mixed use development containing dwelling units. 1059 (8) No outdoor dry storing or stacking of boats or other related items shall be allowed, except that outdoor displays are allowed for sales purposes as long as the boats are restricted to ground level display, are not visible from abutting rights-of-way or residential properties, and are not placed within landscape areas or required parking spaces. (9) Wash down and other post-use servicing shall be done within the dry storage building or within an enclosed structure (e.g., three-sided and roofed) designed and oriented to minimize external impacts. (10) Water used for flushing and other cleaning activities shall be properly pretreated prior to discharge into the stormwater system, and conservation measures shall be considered to facilitate reclamation/recycling. (11) No outdoor speakers shall be allowed other than for low volume music that is not audible off-site. (12) In addition to adhering to the city's sound regulations, no equipment, machines, or tools shall be used between the hours of 8:00 a.m. and 6:00 p.m. that generates noise unique to a residential neighborhood. (13) See Chapter 4, Article III, Section 3.G.6. for additional design regulations for commercial buildings and boat storage facilities. (14) Landscaping above and beyond the regulations cited elsewhere in this Code shall be required for all non-residential buildings in excess of forty thousand (40,000) square feet, in order to reduce the perceived scale and massing of such buildings. (15) The width of the foundation planting areas visible from streets or residential properties shall be fifty percent (50%) of the façade height. The applicant may submit an alternate planting plan that depicts the required screening/softening of the large building façades, however in no instance shall the planting area be less than twelve (12) feet in width. (16) The height of the plant material shall be in relation to the height of the adjacent façade or wall. Further, the height of fifty percent (50%) of the required trees or palms shall be a minimum of two-thirds (2/3) of the height of the building. One (1) canopy tree or a cluster of three (3) palm trees shall be installed within the foundation planting area every twenty (20) feet on center along each façade visible from streets or residential properties. Canopy and palm trees shall be distributed along the entire façade where foundation landscaping areas are required, with understory plant material arranged in the areas between the low growing shrubs and tree or palm canopies. The applicant may submit an alternate planting plan that depicts the rearrangement of plant material in order not to interfere with required building enhances discussed herein. 1060 (17) A perimeter landscape barrier shall be required between incompatible uses and/or zoning districts; or where there are differences in density, intensity, or building heights or mass; or for those certain uses requiring additional screening in order to shield outdoor storage or operations. The barrier shall consist of a decorative buffer wall of at least six (6) feet in height, in addition to a variety of densely planted trees, hedges and shrubs. In areas where sufficient width is provided or staff determines additional buffering is warranted, a berm may be required in addition to the above regulations. (18) The applicant shall demonstrate through site design and buffering how sound associated with the non-residential components of the project will be mitigated. 1061 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 1 PART III LAND DEVELOPMENT REGULATIONS … CHAPTER 4. SITE DEVELOPMENT STANDARDS … ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS … SECTION 8. OPEN SPACE AND PLAZA REQUIREMENTS A. General. 1. Purpose and Intent. Open air and semi-enclosed public gathering spaces can act as central organizing elements in a large development. They can also contribute to the relationship between different land uses and provide focal points and anchors for pedestrian activity. 2. Conflict. Whenever the regulations and requirements of this code are at conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply. Additionally, specific design provisions within the zoning district regulations of this subsection shall take precedence over the General Design Standards of Section 7.B. below. 3. Applicability (by Zoning District). a. Mixed Use 4 (MU-4) and Mixed Use Core (MU-C) Districts. Pursuant to Chapter 3, Article III, Section 5.C.1, usable open space shall be required for all developments two (2) acres in size or larger. Such space shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation areas. b. Infill Planned Unit Development (IPUD). A minimum of 200 square feet of usable open space shall be required per dwelling unit pursuant to Chapter 3, Article III, Section 2.G.3. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth and open space. Interior and open spaces shall meet the following criteria: (1) Shall be required for residential development projects and mixed-use residential projects; (2) Shall be designed to be available and accessible to every dwelling unit proposed; 1062 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 2 (3) Shall include consolidated areas principally set aside for active or passive recreational space; (4) Shall, where feasible, be centrally located in the development; (5) May be designed or sited in conjunction with but shall not include private courtyards, landscape strips, perimeter landscape buffers, preservation/natural areas, and water bodies; and (6) Shall not be occupied by streets, drives, parking areas, or structures other than recreational structures. 1063 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 1 PART III LAND DEVELOPMENT REGULATIONS … CHAPTER 4. SITE DEVELOPMENT STANDARDS … ARTICLE IV. SIGN STANDARDS … SECTION 4. STANDARDS C. Permanent Signs. It shall be unlawful to affix, erect, locate, or maintain any permanent sign off -premises unless otherwise authorized under this subsection. Permanent signs shall be allowed in accordance with the following provisions: 1. Wall Sign (Affixed to Building). Zoning District Ratio of Maximum Allowable Signage Area Sign Area (square feet) Building Frontage Residential Single-Family districts 1 R-2 1 PUD 1 R-3 2 IPUD 2 CBD Industrial5 1 s.f. 5 1-foot Commercial, excluding CBD Mixed Use Miscellaneous 1.5 s.f.3 1-foot 3, 4 a. General. One (1) or more wall signs, which typically advertises the name of the establishment, organization, product, or service, are allowed on the façade of a building, provided such sign(s) and supports do not extend in excess of eighteen (18) inches off of the face of the building wall, beyond the building corner, or at all a bove the parapet. An exception may be made for architectural elements that provide a roofline 1064 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 2 break such as an entry feature with a minimum offset forward of the typical building wall of three (3) feet. b. Maximum Sign Area (Table 4-14). The maximum allowable wall sign area is a factor of the zoning district within which a building is located and the length of such building. Specifically, it shall be based on the ratio of wall and to each linear foot of building frontage or tenant space frontage. 1 Wall signs are allowed for nonresidential developments within the following: 1) single-family residential districts; 2) the R-2 and PUD districts; and 3) all developments containing multiple-family residential uses (in excess of ten (10) dwelling units). The cumulative signage area shall not exceed thirty-two (32) square feet. The top of the sign(s) shall not exceed the height of ten (10) feet. 2 Wall signs are allowed within all developments containing multi- family residential or non-residential uses. 3 The maximum wall sign area may be increased by ten percent (10%) to allow for additional signage on rear façades of multiple - tenant buildings within non-residential developments (see Section 5.C.2.d below), and for standalone commercial buildings with property frontage 50 feet wide or less, maximum sign area is increased to 2.0 s.f. per 1 foot of frontage. 4 For a multiple-tenant building designed as an indoor shopping mall, the maximum allowable wall sign area may be increased, provided the total signage area (per wall of a major department store or center store containing an exterior customer entrance) does not exceed ten percent (10%) of the area for each façade. 5 Non-industrial businesses allowed in an industrial zoning district on an arterial right-of-way under the zoning regulations would be allowed a multiplier of one and one-half (1.5) square foot of wall signage per one (1) foot of building frontage. c. Signs on Multiple-Story Buildings. Wall signs are allowed on upper floors of multiple-story buildings, but only in the following instances: 1) the building is designed for and contains multiple tenants or occupants, and the entrance doors for such tenants or occupants (on upper floors) are designed external to the building; or 2) the sign, which indicates the name of the building or its major tenant, is placed near the top of the building regardless of any external doors on upper floors. In both instances however, the signage is considered "wall sign (affixed to building)," and shall count toward the aggregate wall signage area. Wall signs located on upper floors, excluding the building or major tenant name as identified above, shall be located in front of each tenant space or bay. 1065 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 3 d. Community Design Standards. See Section 5.C.2. below for additional community design standards regarding wall signs. 1066 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; 1 See Section 166.041(4)(c), Florida Statutes. Proposed Ordinance No. 25-0XX - First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Chapter 3, Article III, Section 2.G IPUD; Chapter 3, Article IV, Section 3 Use Regulations; Chapter 4, Article III, Section 8.A.3.b Plaza Requirements; and Chapter 4, Article IV, Section 4.C.1 Signs amending IPUD (Infill Planned Unit Development) for clarifications that only residential uses are permitted; providing for codification; conflicts; severability; and an effective date. 1067 Page 2 of 2 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): The proposed amendments are to remove any mixed -use or non-residential language from the Land Development Regulations within an IPUD zon ing district, therefore clarifying and reinforcing the intent for the zoning district. 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: N/A (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: N/A (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. N/A 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None. 4. Additional information the governing body deems useful (if any): None. 1068 City of Boynton Beach Agenda Item Request Form 8.E 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. 01/20/2026 Meeting Date: 01/20/2026 Proposed Ordinance No. 26-002- First Reading. An Ordinance of the City of Boynton Beach, Florida, amending the Future Land Use Map for the northern approximately 0.72-acre portion of a 1.34-acre unified property located at 3047 N. Federal Highway, by changing the future land use designation from Special High Density Residential (SHDR) to General Commercial (GC); providing that the remaining approximately 0.61-acre portion of the property shall retain its Special High Density Residential (SHDR) future land use designation; declaring the amendment to be consistent with all other elements of the Comprehensive Plan of the City of Boynton Beach; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 26-002, at first reading. Explanation of Request: The subject property consists of three parcels that were previously unified under a recorded Unity of Title, creating a single 1.34-acre property. The unified property has remained vacant under its current SHDR (Special High Density Residential) future land use designation. The applicant proposes to separate the property into two development areas. The northern approximately 0.72-acre portion, consisting of two existing parcels and a portion of a third parcel, is proposed for development of a new Josie’s Restaurant. The southern approximately 0.61-acre portion of the remaining parcel is not proposed for development at this time and is intended to remain reserved for future consideration under a separate application. To implement the proposed development configuration, the applicant has submitted a Request for Release of Unity of Title, which is being processed concurrently with the companion Future Land Use Map Amendment, Rezoning, and Major Site Plan applications. Approval of the Release of Unity of Title will enable the property to be replated and legally separated, consistent with the proposed land-use configuration. 1069 Josie’s Restaurant is a long-standing Boynton Beach establishment currently operating at 650 East Woolbright Road. Due to the loss of its existing location, the business is required to relocate. The proposed site provides an opportunity to retain a locally established business while encouraging reinvestment along the North Federal Highway corridor. The requested Future Land Use Map Amendment would change the future land use designation of the northern portion of the property to GC (General Commercial) to permit the proposed restaurant use and ensure consistency with the companion development applications. The property is located within the Urban Commercial Overlay District, which supports commercial development and reinvestment along major transportation corridors. The proposed land use change is consistent with these objectives. The legal description of the property subject to the Future Land Use Map Amendment is provided in Exhibit “A.” How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord. 26-002 Agenda_Item_4116-2026_-_Proposed_Ordinance_-_FLUM_- _SHDR_to_GC.docx Staff Report - FLUM REZN - 2025.05.3470 - Josie's Restaurant Exhibit A - Tract 1 Legal Discription.pdf Exhibit B - FLU, Existing and Proposed.pdf Exhibit C - Justification Statement, FLUMA and Rezoning.pdf Agenda_Item_4416-2026_-_Business-impact-estimate.docx 1070 ORDINANCE NO. 26-002 01.06.26 (IG) Page 1 of 8 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 ORDINANCE NO. 89-38 BY 3 AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, FOR THE NORTHERN APPROXIMATELY 0.72-ACRE 5 PORTION OF A 1.34-ACRE UNIFIED PROPERTY LOCATED AT 3047 N. 6 FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA, BY CHANGING THE 7 FUTURE LAND USE CLASSIFICATION FROM SPECIAL HIGH DENSITY 8 RESIDENTIAL (SHDR) TO GENERAL COMMERCIAL (GC); PROVIDING 9 THAT THE REMAINING APPROXIMATELY 0.61-ACRE PORTION OF THE 10 PROPERTY SHALL RETAIN ITS SPECIAL HIGH DENSITY RESIDENTIA 11 (SHDR) FUTURE LAND USE DESIGNATION; DECLARING THE 12 PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP TO BE 13 CONSISTENT WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE 14 PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND 15 PROVIDING FOR AN EFFECTIVE DATE. 16 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a 18 Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to 19 Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; 20 and 21 WHEREAS, SSRS Ventures, LLC, has requested an amendment to the Future Land Use 22 Map classification of the northern approximately 0.72-acre portion of a 1.34-acre unified property 23 located at 3047 N. Federal Highway, Boynton Beach, FL, more particularly described in Exhibit “A,” 24 from Special High Density Residential (SHDR) to General Commercial (GC); and 25 WHEREAS, the permitted uses within the Future Land Use Map category are compatible 26 with the surrounding and existing land uses; and 27 WHEREAS, the property owner has also applied to rezone the northern approximately 28 0.72-acre portion of the property from Infill Planned Unit Development (IPUD) to Community 29 1071 ORDINANCE NO. 26-002 01.06.26 (IG) Page 2 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Commercial (C-3), providing that the remaining approximately 0.61-acre portion of the property 30 shall retain its Infill Planned Unit development (IPUD) zoning designation; and 31 WHEREAS, the procedure for amendment of a Future Land Use Element of a 32 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 33 WHEREAS, after public hearings, the City Commission, acting in its dual capacity as the 34 Local Planning Agency and City Commission, finds that the Future Land Use Map amendment is 35 consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, Florida 36 Statutes; and 37 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 38 requirements of section 166.041, Florida Statutes, and the City’s Land Development Regulations; 39 and 40 WHEREAS, after careful review of the application, staff has determined that the proposed 41 amendment complies with the City’s Comprehensive Plan and is consistent with section 163.3184, 42 Florida Statutes; and 43 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 44 which contains data and analysis supporting the Future Land Use Map amendment; and 45 WHEREAS, the City Commission finds that the proposed Future Land Use Map 46 amendment is consistent with the City's Comprehensive Plan and Land Development Regulations, 47 and it is in the best interest of the public to amend the Future Land Use Element of the 48 Comprehensive Plan as provided hereinafter. 49 1072 ORDINANCE NO. 26-002 01.06.26 (IG) Page 3 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 50 BOYNTON BEACH, FLORIDA: 51 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 52 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 53 Section 2: Decision. Ordinance No. 89-38 of the City is hereby amended to 54 reflect the following: The City’s Future Land Use Map is hereby amended from Special High 55 Density Residential (SHDR) to General Commercial (GC) for the northern approximately 0.72-acre 56 portion of a 1.34-acre unified property located at 3047 N. Federal Highway, as depicted in Exhibit 57 “B.” 58 Section 3: Amendment to Future Land Use Map. The Director of Planning and 59 Zoning is further authorized to make the necessary changes as required to the Future Land Use 60 Map to reflect the above-stated change. 61 Section 4: Authorization to Transmit. The City Manager or designee is hereby 62 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 63 provisions of the Community Planning Act, if required. 64 Section 5: Severability. The provisions of this Ordinance are declared to be 65 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 66 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 67 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 68 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 69 1073 ORDINANCE NO. 26-002 01.06.26 (IG) Page 4 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 70 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 71 Section 7: Effective Date. This Ordinance shall take effect immediately upon 72 adoption. 73 74 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 75 1074 ORDINANCE NO. 26-002 01.06.26 (IG) Page 5 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 76 FIRST READING this ______ day of ______________________________, 2026. 77 SECOND, FINAL READING AND PASSAGE this ______ day of __________________________, 2026. 78 CITY OF BOYNTON BEACH, FLORIDA 79 YES NO 80 Mayor – Rebecca Shelton _____ _____ 81 82 Vice Mayor – Woodrow L. Hay _____ _____ 83 84 Commissioner – Angela Cruz _____ _____ 85 86 Commissioner – Thomas Turkin _____ _____ 87 88 Commissioner – Aimee Kelley _____ _____ 89 90 VOTE ______ 91 ATTEST: 92 93 _____________________________ 94 Maylee DeJesús, MMC Rebecca Shelton 95 City Clerk Mayor 96 97 APPROVED AS TO FORM: 98 (Corporate Seal) 99 100 101 Shawna G. Lamb 102 City Attorney 103 1075 ORDINANCE NO. 26-002 01.06.26 (IG) Page 6 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 1076 ORDINANCE NO. 26-002 01.06.26 (IG) Page 7 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Future Land Use Map 1077 ORDINANCE NO. 26-002 01.06.26 (IG) Page 8 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 1078 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION PROJECT/CASE NO. FLUM & REZN-2025.05.3470 STAFF REPORT TO: Mayor Rebecca Shelton Members of the City Commission THRU: Kevin Fischer, AICP Planning & Zoning Division Director FROM: John Stout, Planner II DATE: December 30, 2025 (City Commission Hearing: January 20, 2026, and February 3, 2026) PROJECT: Josie’s Restaurant, Future Land Use Map Amendment and Rezoning (FLUM, REZN 2025.05.3470) REQUEST: The Applicant is requesting approval of a Future Land Use map Amendment (FLUM 2025.05.3470) and Rezoning (REZN-2025.05.3470) for the northern approximately 0.72-acre portion of a 1.34-acre unified property located at 3047 N Federal Highway, amending the Future Land Use from SHDR (Special High Density Residential) and the Zoning from IPUD (Infill Planned Unit Development) to a Future Land Use of GC (General Commercial) with C-3 (Community Commercial) zoning designation, to allow development of a new Josie's Restaurant and associated site plan improvements. The remaining approximately 0.61-acre portion of the property will retain its SHDR future land use and IPUD zoning for potential future development. PROJECT DESCRIPTION Property Owner: SSRS Ventures, LLC Applicant: Stephanie Setticasi, SSRS Ventures, LLC Agents: Bradley Miller, Urban Design Studio Location: 3047 N Federal Highway, approximately 1.34 acres on the east side of N Federal Highway between Gulfstream Boulevard and Old Dixie Highway. The FLUM and the Rezoning request apply to the northern 0.72-acre development parcel. Existing Land Use/ Zoning: Special high-density residential (SHDR, 20 du/acre) / Infill Planned Unit Development (IPUD), Urban Commercial Overlay District (UCDO) 1079 Josie’s, 3047 N Federal Highway FLUM & REZN-2025.05.3470 Page 2 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@8C16EF38\@BCL@8C16EF38.docx 2 Proposed Land Use/ Zoning: General Commercial (GC) / Community Commercial (C-3), Urban Commercial Overlay District (UCDO) Existing Use: Vacant Proposed Use: Restaurant Acreage: 1.34 acres unified Adjacent Uses: North: Commercial use along N Federal High, Community Commercial (C-3); South: Unincorporated Palm Beach County, General Commercial (CG); East: Unincorporated Palm Beach County, Single Family Residential (RS); West: North Federal Highway and Multifamily Residential, Planned Unit Development (PUD) PROPERTY OWNER NOTIFICATION A notice of the requests was mailed to property owners within 400 feet of the subject properties, and signs were posted for the City Commission meeting dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND The subject property comprises three parcels previously unified under a recorded Unity of Title, creating a single 1.34-acre parcel. The unified property has remained vacant under its existing Special High Density Residential future land use designation and Infill Planned Unit Development zoning. The applicant proposes to divide the property into two development areas. The northern approximately 0.72-acre portion, consisting of two existing parcels and a portion of a third parcel, is proposed for development of a new Josie’s Restaurant. The southern approximately 0.61-acre portion of the remaining parcel is not proposed for development at this time and is intended to remain reserved for future development under a separate application. To implement the proposed development, the applicant has submitted a Request for Release of Unity of Title, which is being processed concurrently with the companion Future Land Use Map Amendment, Rezoning, and Major Site Plan applications. Approval of the Release of Unity of Title will allow the property to be replatted into separate legal parcels consistent with the proposed development configuration. Josie’s Restaurant is a long-standing Boynton Beach establishment currently operating at 650 East Woolbright Road. Due to the loss of its existing location, the business must relocate. The proposed 1080 Josie’s, 3047 N Federal Highway FLUM & REZN-2025.05.3470 Page 3 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@8C16EF38\@BCL@8C16EF38.docx 3 site provides an opportunity to retain a locally established restaurant while encouraging reinvestment along the North Federal Highway corridor. The requested Future Land Use Map Amendment to GC and the Rezoning to C-3 are required to permit the proposed restaurant use and ensure consistency with the companion Major Street Plan application. The property is located within the Urban Commercial Overlay District, which encourages commercial intensification and pedestrian-oriented development along key corridors. The legal description of the property subject to the Future Land Use Map Amendment and Reszoning is provided in Exhibit “A.” REVIEW BASED ON CRITERIA The criteria for reviewing rezonings are set forth in the Land Development Regulations, Chapter 2, Article II, Section 2.D.3. These criteria must be included in the staff analysis for any proposed project that involves rezoning. a. Demonstration of Need. Whether the proposed amendments to the FLU and Zoning maps are supported by the implementation of the City's vision for the area under consideration, or by changes in the conditions or character of development in the area, ongoing or anticipated market trends may also be considered in a justification Statement provided as part of the application. The SHDR and IPUD entitlements have not resulted in the development of the site. Introducing General Commercial land use on the major corridor frontage enables a viable redevelopment, activates a highly visible location, and retains a significant local business currently facing displacement. The request demonstrates need based on market responsiveness, corridor redevelopment goals, and preservation of local economic anchors. b. Consistency. Whether the proposed amendments to the FLU and Zoning maps would be consistent with and promote the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and any other current City-approved planning documents. The General Commercial future land use designation supports a wide range of commercial activities intended to serve residents and visitors. The proposed restaurant use aligns with Comprehensive Plan policies that support corridor reinvestment, infill redevelopment, increased economic activity, and improved urban design along major throughfares. Specifically, the Future Land Use Map amendment and rezoning, alongside the Master Plan, comply with the City’s Comprehensive Plan objectives and policies. c. Compatibility. The application shall consider whether the proposed Future Land Use and Zoning, or potential uses allowed in a proposed Zoning district, would be compatible with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. North Federal Highway contains a mix of commercial and residential uses. The proposed GC and C-3 designations are compatible with this context. The building is situated fronting the main right- of-way, while buffering, walls, and landscaping protect adjacent residential areas to the south and east. Enhanced pedestrian features and the Art in Public Places further strengthen the relationship with the main right-of-way of North Federal Highway. 1081 Josie’s, 3047 N Federal Highway FLUM & REZN-2025.05.3470 Page 4 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@8C16EF38\@BCL@8C16EF38.docx 4 d. Orderly Growth. Whether the proposed amendments to the FLU and Zoning maps would encourage piecemeal development or create undevelopable parcels. The amendment and rezoning support orderly development by completing the C-3 restaurant portion and preparing for future development, while sharing utilities, stormwater infrastructure, and access, leaving both parcels functional and coordinated. e. Location Efficiency. Whether the proposed amendments to the FLU and Zoning maps would support complementary land uses: the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or interconnectivity within the project and between adjacent properties. North Federal Highway and Palm Tran Route 1 serve the site directly. The project includes a pedestrian zone with street trees and improved walkability along North Federal Highway. By placing commercial use in a transit-accessible location and providing pedestrian circulation, the request advances smart growth and mobility objectives. f. Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review under Chapter 1, Article VI, Concurrency. a. Transportation: The traffic analysis demonstrates compliance with City concurrency requirements. FDOT access review confirms that trips can be accommodated. b. Potable Water: Adequate capacity is available. c. Sanitary Sewer: Sewer capacity is available; a private lift station may be required. d. Stormwater: The drainage statement confirms compliance with City and SFWMD criteria. e. Solid Waste: Solid Waste Authority (SWA) confirms available regional capacity. f. Schools: Not applicable for commercial development. A SCAD letter of approval will be required upon submission of future development plans for on-site residential components. g. Economic Development Impact. The project reinvests in a long vacant property, retains a major Boynton Beach restaurant, supports local employment, and increases the City’s taxable commercial base. Construction will generate temporary jobs, and the long-term operation of Josie’s will stimulate nearby businesses and contribute to continued corridor revitalization. h. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. The property is not currently part of the City’s heavy commercial or industrial land supply. The request does not remove the land from inventory; instead, it adds general commercial acreage, improving commercial distribution along North Federal Highway. 1082 Josie’s, 3047 N Federal Highway FLUM & REZN-2025.05.3470 Page 5 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@8C16EF38\@BCL@8C16EF38.docx 5 RECOMMENDATION Staff has reviewed the proposed Future Land Use Map Amendment (FLUM 2025.05.3470) and Rezoning (REZN 2025.05.3470) requests against the applicable review criteria. Should the City Commission agree to approve the requests, the Planning and Zoning Division recommends APPROVAL. Furthermore, approval of these requests is contingent upon the approval of the associated New Major Site Plan (NWSP 2025.05.3470). 1083 Page 1 of 2 EXHIBIT “A” LEGAL DESCRIPTION TRACT 1: A PORTION OF LOTS 1, 1A AND C OF KING'S SUBDIVISION IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 20, PAGE 47 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S73°14'43" E, ALONG THE NORTHERLY LINE OF SAID LOT 1, A DISTANCE OF 17.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SOUTH FEDERAL HIGHWAY (U. S. HIGHWAY NO.1) AND THE POINT OF BEGINNING; THENCE CONTINUE S73°14'43" E ALONG THE NORTHERLY LINE OF LOT 1, A DISTANCE OF 178.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT 1,; THENCE S02'03'51"E ALONG THE EASTERLY LINE OF LOTS 1, 1A AND C, A DISTANCE OF 165.88 FEET TO A POINT; THENCE N73°14'43"W, PARALLEL TO THE NORTHERLY LINE OF SAID LOT 1, A DISTANCE OF 148.25 FEET; THENCE N 16°45'17"W, A DISTANCE OF 8.00 FEET; THENCE N73°14'43"W, PARALLEL TO THE NORTHERLY LINE OF LOT 1, A DISTANCE OF 84.50 FEET MORE OR LESS TO THE AFOREMENTIONED EASTERLY RIGHT OF WAY LINE OF SOUTH FEDERAL HIGHWAY; THENCE N16° 46'17"E, A DISTANCE OF 149.01 FEET, MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 31,546.40 SQUARE FEET OR 0.72 ACRE MORE OR LESS. 1084 Richard N DeanDigitally signed by Richard N Dean Date: 2025.05.28 20:54:22 -04'00'EXHIBIT "A" - Page 2 of 2Exhibit "A"Page 2. of 2.1085 FecRailroadN F e d e r a l H w y NFederalHwyN Federal HwyNOldDixieHwy FecRailroadN F e d e r a l H w yNFederalHwy NOldDixieHwyNOldDixieHwyW a l m a r t S u p e r c e n t e r N F e d eral Hwy NFederalHwyPiersonDrPalmDrT u r n e r R d B a y f r o n t D rBayfrontDr NFederalHwyNFederalHwyN Federal Hwy N FederalHwy N F e d e r al Hwy PalmDrI n t r a c o a s t a l R d R o b e r t s R d NFederalHwyNFederalHwyNFederalHwyNFederalHwyT u r n e r R d KarenDrPiersonDrI n t r a c o a s t a l R d KarenDrR o b e r t s R d 3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060)3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060) SHDR Existing FLU (SHDR)Existing FLU (SHDR) 0 80 160 240 32040 Feet Legend Site Location - 3047 N FEDERAL HWY Current City's Boundary Future Land Use LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); 20 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) GENERAL COMMERCIAL (GC) CONSERVATION (CON) Boynton Beach ±1086 FecRailroadN F e d e r a l H w y NFederalHwyN Federal HwyNOldDixieHwy FecRailroadN F e d e r a l H w yNFederalHwy NOldDixieHwyNOldDixieHwyW a l m a r t S u p e r c e n t e r N F e d eral Hwy NFederalHwyPiersonDrPalmDrT u r n e r R d B a y f r o n t D rBayfrontDr NFederalHwyNFederalHwyN Federal Hwy N FederalHwy N F e d e r al Hwy PalmDrI n t r a c o a s t a l R d R o b e r t s R d NFederalHwyNFederalHwyNFederalHwyNFederalHwyT u r n e r R d KarenDrPiersonDrI n t r a c o a s t a l R d KarenDrR o b e r t s R d 3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060)3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060) CG Proposed FLU (CG & SHDR)Proposed FLU (CG & SHDR) 0 80 160 240 32040 Feet Legend Site Location - 3047 N FEDERAL HWY Current City's Boundary Future Land Use CONSERVATION (CON) GENERAL COMMERCIAL (GC) LOCAL RETAIL COMMERCIAL (LRC) LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); 20 D.U./Acre Boynton Beach ± SHDR 1087 JOSIES RESTAURANT PROJECT NARRATIVE Request: Major Development Application Project/Case No: 2025.05.3470 Resubmittal: September 23, 2025 Revision: December 19, 2025 Statement of Use and Justification for Future Land Use Map Amendment and Rezoning SSRS VENTURES, LLC (“Petitioner”) is the owner of the +/- 1.34-acre property located at 3047 N. Federal Hwy. and identified by parcel control number 08-43-46-04-12-000- 0140/1050/1060 (“Property”). The Property is generally located on the east side of N. Federal Hwy. between Gulfstream Blvd. and Old Dixie Hwy. within the City of Boynton Beach (“City). The Property is designated SHDR (“Special High Density Residential 20 du/acre”), on the City’s Future Land Use Map and is located within the IPUD (Infill Planned Unit Development) zoning district and within the UCDO (“Urban Commercial Overlay District”). The Property is vacant and serving no beneficial use to the City or the surrounding community. Petitioner is proposing to replat the Property into two parcels, creating a 0.72-acre parcel, identified as Tract 1 and Phase I (“Development Parcel”) that will be developed with a new 4,733 square foot building with 478 square feet of outdoor seating area to be used as the new location for Josie’s Ristorante (“Project”), and a 0.62-acre parcel, Tract 2, that will be developed in the future (“Phase II”). To develop the Project, Petitioner is requesting a future land use map amendment (“FLUMA”) to amend the future land use designation from Special High Density Residential (SHDR) to General Commercial (GC) and change the zoning designation from IPUD to C-3 (“Community Commercial District”) on the 0.72-acre Development Parcel. The 0.62-acre parcel will maintain the existing future land use and zoning designations to facilitate the future development on the parcel. A site plan application will be submitted to develop Phase II at a later date. As part of this entitlement process, Petitioner will also be processing a Major Site Plan Application and subsequent Plat Application in order to allow for the commercial restaurant use on the Development Property and reconfigure the property. Josie’s Restaurant (“Josie’s”), currently located and operating at 650 E Woolbright Road, is a fine- dining Italian restaurant that has been in business for over 30 years. Due to an unforeseen situation, the restaurant is being forced to relocate. Petitioner identified a unique opportunity to develop a new and innovative Josie’s location on the Property, which will allow Josie’s to have a permanent home, and to further cement itself as an integral and contributing member of the City and greater community. The Project will make use of multiple vacant parcels and bring a vibrant new development along the Federal Hwy. corridor. 1088 Josies Restaurant Page | 2 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 FLUMA AMENDMENT & REZONING CRITERIA In accordance with Chapter 4 Article III.2.II.2.D of the City’s Code, Petitioner will demonstrate below that the FLUM Amendment and Rezoning, a) are needed; b) are consistent with, and promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations; c) are compatible with the surrounding uses in terms of density, scale, and the nature of use; d) will promote orderly growth and discourage piecemeal development; e) will support complementary land uses, the integration of a mix of land uses consistent with smart growth and sustainability initiatives, access to alternative modes of transportation, and interconnectivity within the project and between adjacent properties; f) does not exceed the availability of Public Services/Infrastructure; g) will have a positive economic impact; and h) will not reduce the amount of land available for commercial development. a) Demonstration of Need. Approval of the FLUM Amendment and Rezoning Applications is necessary to allow for development of the Project, which is needed to redevelop an underutilized vacant lot with a restaurant that will serve the surrounding community and be a contributing member of the City and greater community. b) Consistency. The proposed FLUM Amendment and Rezoning are consistent with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Per Policy 1.3.1(b) of the City’s Comprehensive Plan states that the Commercial future land use category, “shall allow a broad range of commercial uses to provide for business, retail, service, office and other commercial enterprises that support the resident and visitor populations and create employment opportunities.” The Project is in line with this intent and will allow for the development of commercial uses on the Development Property. Additionally, the Project supports the following objectives and policies within the City’s Comprehensive Plan:  Policy 1.7.2 of the Plan provides that the City shall encourage land assembly to promote large-scale redevelopment and infill projects. A Declaration of Unity of Title has been executed which unifies the two parcels to support the development of Josie’s on the Property. As part of the Project, Petitioner will be making improvements to the Property, which in addition to the infill development of the underutilized Property, will include attractive new landscaping, aimed at beautifying the heavily traveled N. Federal Highway roadway.  Objective 1.17 of the Plan, as it will help the City to pursue economic development opportunities to support a competitive and diversified economy and bolster the quality of life for residents by providing a permanent home to this well-regarded dining establishment. 1089 Josies Restaurant Page | 3 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025  Policy 1.17.1, as it will expand the economic base of the City by adding to the commercial sector of its economy, creating both temporary jobs during the construction phase and long-term jobs with the added employer that will come to the City as a result of this Project. Lastly, the Project is consistent with the purpose and intent of the C-3 (Community Commercial District) in the City’s LDRs, which states, “The intent of this conventional district is to encourage the development or use of property for appropriate intensive retail commercial uses providing for a wide range of goods and services, located along major thoroughfares.” The Project meets this intent by providing commercial uses for the surrounding community along the major thoroughfare of N. Federal Hwy. c) Compatibility. The proposed GC FLUM designation and C-3 zoning designation are compatible with the surrounding uses in terms of density, scale, and the nature of use. d) Orderly Growth. The proposed amendments to the FLUM and Zoning maps will not encourage piecemeal development or create undevelopable parcels. As it stands, the existing parcel is undevelopable with the highest and best use under the current FLUM and zoning designations. The proposed amendments will create the regulatory framework to allow a beneficial and well- planned development on the Property. The Project will serve significant benefit to the community by providing a vibrant commercial building with frontage along N. Federal Highway, to include a Pedestrian Zone with paver walkway, street-trees and an active area. e) Location Efficiency. The FLUM Amendment, Rezoning, and Master Plan will support complementary land uses providing transitional uses from the existing residential to the south and east and commercial use to the north. The Property is located adjacent to a Palm Tran stop (Stop 200, “Federal Highway & Turner Road”) that connects directly to the Delray Tri-Rail, thus improving access to a wide range of mobility options. In consideration of these factors, the Project is located efficiently to promote sustainable development and mobility. f) Availability of Public Services/Infrastructure. The proposed FLUM Amendment has been reviewed for long-term capacity availability at the maximum intensity permitted under the requested SHDR future land use classification, as detailed below: 1090 Josies Restaurant Page | 4 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 Existing Maximum Development Permitted Land Use Gross Acreage Maximum Density Permitted Maximum Development Potential Special High Density Residential 20 du/acre 0.72 20 Dwelling Units per Acre 14 DU Proposed Maximum Development Permitted Land Use Gross Acreage Maximum Density Permitted Maximum Development Potential General Commercial 0.72 0.5 15,681 SF (1) Roadways – The FLUM Amendment and Rezoning meet the City’s roadway concurrency standards. Please refer to the FLUM Amendment Traffic Study and TPS Letter with this application, which detail compliance with the City’s Roadway concurrency standards. (2) Potable Water - The FLUM Amendment and Rezoning meet the City’s potable water concurrency standards. Boynton Beach Utilities will be the water service provider for the referenced project. The City has a 10” waterline line running along North Seacrest Blvd as shown on the record drawings. The Project will connect to that line and bring water, fire and domestic service to the Property. The existing 10” watermain has sufficient capacity for fire and domestic service. The Project connection will consist of a new 8” watermain with a new fire hydrant connected directly to the 10” watermain. The new (on-site) fire and domestic water lines will have independent connections to the 10” watermain on N. Seacrest Blvd. Two fire hydrants are provided within Phase I in accordance with spacing requirements and comments received from the Fire Division. Fire flow shall be provided at flows not less than 1200 gallons per minute in addition to a maximum day requirement at pressures of not less than 30 pounds per square inch. Domestic flow is calculated at 100 -200 gpd/ unit or ERC. As such, the project engineer estimates the water domestic use at 90 units x 200 gpd = 18,000 gallons per day. The utility may apply a peak-hour factor of 4.0. The water utilities will be designed and installed in accordance with the FDEP requirements and subject to applicable permits or approvals obtained from Boynton Beach Utilities and the appropriate permits secured from the Palm Beach County Health Department. 1091 Josies Restaurant Page | 5 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 Please refer to the letter from Boynton Beach Utilities included with this application, which confirms the availability of potable water service and capacity for the Project. (3) Sanitary Sewer – The FLUM Amendment, Rezoning, and Master Plan meet the City’s sanitary sewer concurrency standards. Boynton Beach Utilities will be the sewer service provider for the Project, and sanitary sewer mains are available adjacent to the Property. However, depending on the site grading, a private lift station and force main may be needed to discharge into the City closest sanitary manhole. In case of a shallow sanitary manhole, Petitioner will be responsible to lower that manhole to accommodate the addition flow, while maintaining the downward slope that causes the wastewater to flow freely down the pipes due to gravity. “City of Boynton Beach Utilities” will be the Water Treatment Plants for the project. The total permitted maximum day operating capacity of the plants is 34.44 MGD, and the total maximum daily flow at the plants as recorded on monthly operating reports during the past 12 Months is 16.5 MGD. In addition, “South Central Regional Wastewater Treatment & Disposal Board” is the Wastewater Treatment Plant that will serve the project. Its maximum monthly average daily flow over the last 12-month period is 19.11 MGD, and the maximum three-month average daily flow over the last 12-month period is 17.97 MGD Sewage collection system shall be designed and installed in accordance with the FDEP requirements and subject to applicable permits or approvals obtained from Boynton Beach Utilities and the appropriate permits secured from the Palm Beach County health Department. Based on the record drawings, the Project will be designed to connect to the existing sewer line on the NW corner of the property line. The sewer line is located in an easement, and the connection will be via a new force main from the new private pump station. Please refer to the letter from Boynton Beach Utilities included with this application, which confirms the availability of sanitary sewer service and capacity for the Project. (4) Solid Waste - There is sufficient solid waste capacity to serve the Project. The Solid Waste Authority of Palm Beach County (“Authority”) is the solid waste service provider for the City and the Property. Please refer to the letter from the Solid Water Authority, which provides certification that the Authority has disposal capacity available to accommodate the solid waste generation for the municipalities and unincorporated Palm Beach County for the coming year of 2024, the five• year, and ten-year planning periods. capacity remaining. Based upon the existing County population, the most recently available population growth rates published by the University of Florida 1092 Josies Restaurant Page | 6 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 Bureau of Economic and Business and Research (BEBR), medium projection, projected rates of solid waste generation, waste reduction, and recycling, the Authority forecasts that capacity will be available at the existing landfill through approximately the year 2054. (5) Stormwater Drainage - The Project will be designed to meet the City’s stormwater management requirements. The stormwater system will consist of exfiltration trenches, dry retention areas, swales and catch basins. We intend to capture, treat and convey all stormwater on-site without affecting adjacent properties or the roadway drainage system on N. Federal Highway. Parking area drainage grade elevation shall not be lower than the maximum water surface elevation produced by the three-year, 24-hour rainfall event in any retention, detention, or conveyance facility receiving stormwater runoff. However, where detention or retention is provided by subsurface exfiltration systems the finished grade shall be no lower than the maximum storage elevation produced by the five-year, 24-hour event. Storm sewer system capacity design shall, at a minimum, provide for conveyance of peak inflow from the applicable catchment, based on the three-year rainfall event, such that the hydraulic gradient elevation does not exceed the grate or cover elevation at any inlet or manhole under tailwater conditions Secondary system, including all facilities and appurtenant structures for detention, retention, discharge, and conveyance to legal positive outfall, shall be designed and constructed to provide the degree of treatment and control of all stormwater runoff discharged from a development site necessary to meet the requirements of the agency having jurisdiction over receiving waters at each point of legal positive outfall. Secondary facilities for development subject to permitting by individual or general permit from SFWMD (6) Schools – This is not applicable considering that the proposed FLUM Amendment and Rezoning are for commercial designation. (7) Recreation and Open Space – This is not applicable considering that the proposed FLUM Amendment and Rezoning are for commercial designation. g) Economic Development Impact. Approval of the proposed FLUM Amendment and Rezoning will not represent a decrease in the possible intensity of development or represent a potential decrease in the number of uses with high probable economic development benefits. The Project will provide a reasonable increase in density to create a much-needed modern affordable housing opportunity within the City, thus creating an economic development benefit to the current and future residents of the City and responding to the urgent and ongoing housing crisis in the region and nation at large. 1093 Josies Restaurant Page | 7 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 h) Heavy Commercial and Industrial Land Supply. Approval of the proposed FLUM Amendment and Rezoning will not reduce the amount of land available for heavy commercial/industrial development. i) Master Plan and Site Plan Compliance with Land Development Regulations. The Project complies with the site development standards of the City’s Code and will provide specific details through the required Site Plan Application approval process subsequent to the approval of the proposed Rezoning. CONCLUSION In conclusion, the approval of this application, along with the Major Site Plan application, will allow a well-known and successful restaurant to relocate within the City and be developed on a parcel of land that has been underutilized and vacant for over 30 years. The proposed application is compliant with the proposed Comprehensive Plan designation, Zoning District, and property development regulations. We appreciate the assistance of City staff for the assistance with this application and respectfully request your supportive recommendation to the City Commission. Should there be any questions or need of additional information, please contact Bradley Miller, bmiller@udsflorida.com or Ailish Villalobos, avillalobos@udsflorida.com as Agents for the Applicant. 1094 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, FOR A FUTURE LAND USE MAP AMENDMENT (FLUM 2025.05.3470) FOR THE NORTHERN APPROXIMATELY 0.72-ACRE PORTION OF A 1.34-ACRE UNIFIED PROPERTY LOCATED AT 3047 N FEDERAL HIGHWAY, AMENDING THE FUTURE LAND USE FROM SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) TO GENERAL COMMERCIAL (GC), TO ALLOW DEVELOPMENT OF A NEW JOSIE'S RESTAURANT AND ASSOCIATED SITE PLAN IMPROVEMENTS. THE REMAINING APPROXIMATELY 0.61- ACRE PORTION OF THE PROPERTY WILL RETAIN ITS SHDR FUTURE LAND USE AND IPUD ZONING FOR POTENTIAL FUTURE DEVELOPMENT. 1095 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): The existing property consists of three parcels that were previously unified under a recorded Unity of Title. The unified 1.34-acre property has remained vacant under its current SHDR and IPUD designation. The applicant proposes to divide the property into two development areas: a northern approximately 0.72-acre area, including two existing parcels and a portion of the third parcel, for the new Josie’s Restaurant, and a southern approximately 0.61-acre portion of the remaining parcel reserved for future development. Josie’s Restaurant is a long-standing Boynton Beach establishment currently operating at 650 East Woolbright Road. Due to the loss of its existing location, the business must relocate. The new site offers an opportunity to reinvest along North Federal Highway and retain a local business. The Future Land Use Map amendment to General Commercial (GC) and the Rezoning to Community Commercial (C-3) are required to permit restaurant use and ensure consistency with the companion Major Site Plan application. The property lies in the Urban Commercial Overlay District, which encourages commercial intensification along key corridors. See Exhibit “A” for the legal description of the rezoned property. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: 1096 Page 3 of 3 (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: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 1097 City of Boynton Beach Agenda Item Request Form 8.F 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. 01/20/2026 Meeting Date: 01/20/2026 Proposed Ordinance No. 26-003- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending the Official Zoning Map of the City of Boynton Beach, Florida, for the northern approximately 0.72-acre portion of a 1.34-acre unified property generally located at 3047 N. Federal Highway, by changing the zoning designation from IPUD (Infill Planned Unit Development) to C-3 (Community Commercial); providing that the remaining approximately 0.61-acre portion of the property shall retain its IPUD zoning designation; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of proposed Ordinance No. 26-003, at first reading. Explanation of Request: The subject property comprises three parcels previously unified under a recorded Unity of Title, creating a single 1.34-acre parcel. The unified property has remained vacant under its existing IPUD (Infill Planned Unit Development) zoning. The applicant proposes to separate the property into two development areas. The northern approximately 0.72-acre portion, consisting of two existing parcels and a portion of a third parcel, is proposed for development of a new Josie’s Restaurant. The southern approximately 0.61-acre portion of the remaining parcel is not proposed for development at this time and is intended to remain reserved for future consideration under a separate application. To implement the proposed development configuration, the applicant has submitted a Request for Release of Unity of Title, which is being processed concurrently with the companion Rezoning, Future Land Use Map Amendment, and Major Site Plan applications. Approval of the Release of Unity of Title will allow the property to be replated and legally separated, consistent with the proposed zoning configuration. 1098 Josie’s Restaurant is a long-standing Boynton Beach establishment currently operating at 650 East Woolbright Road. Due to the loss of its existing location, the business is required to relocate. The proposed site provides an opportunity to retain a locally established restaurant while encouraging reinvestment along the North Federal Highway corridor. The requested Rezoning would change the zoning designation of the northern portion of the property to C-3 (Community Commercial) to permit the proposed restaurant use and ensure consistency with the companion development applications. The property is located within the Urban Commercial Overlay District, which supports commercial development and reinvestment along major transportation corridors. The proposed zoning change is consistent with these objectives. The legal description of the property subject to the rezoning is provided in Exhibit “A.” How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord 26-003 Agenda_Item_4135-2026_-_Proposed_Ordinance_-_Rezoning_IPUD_to_C- 3.docx Staff_Report_-_FLUM__REZN-2025.05.3470_-_Josie_s_Restaurant__3047_N_Federal_Hwy (1).docx Exhibit A - Tract 1 Legal Discription sketch.pdf Exhibit B - Zoning, Existing and Proposed.pdf Exhibit C - Justification Statement, FLUMA and Rezoning.pdf Agenda_Item_4135-2026_-_Business-impact-estimate.docx 1099 ORDINANCE NO. 26-003 01.06.26 (IG) 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 ORDINANCE NO. 02-013 BY 3 AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, FOR THE NORTHERN APPROXIMATELY 0.72-ACRE 5 PORTION OF A 1.34-ACRE UNIFIED PROPERTY LOCATED AT 3047 N. 6 FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA, BY CHANGING THE 7 ZONING DESIGNATION FROM INFILL PLANNED UNIT DEVELOPMENT 8 (IPUD) TO COMMUNITY COMMERCIAL (C-3); PROVIDING THAT THE 9 REMAINING APPROXIMATELY 0.61-ACRE PORTION OF THE 10 PROPERTY SHALL RETAIN ITS INFILL PLANNED UNIT DEVELOPMENT 11 (IPUD) ZONING DESIGNATION; PROVIDING FOR SEVERABILITY, 12 CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 15 No. 02-013, establishing an official zoning map of the City; and 16 WHEREAS, SSRS Ventures, LLC, has requested to rezone the northern approximately 0.72-17 acre portion of a 1.34-acre unified property located at 3047 N. Federal Highway, Boynton Beach, 18 FL, more particularly described in Exhibit “A,” from Infill Planned Unit Development (IPUD) to 19 Community Commercial (C-3); and 20 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 21 advertised hearing, received testimony and evidence related to the application and found that 22 the rezoning is consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part 23 II, Florida Statutes; and 24 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 25 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 26 and 27 1100 ORDINANCE NO. 26-003 01.06.26 (IG) Page 2 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, after careful review of the application, staff has determined that the proposed 28 rezoning is consistent with an amendment to the Future Land Use Map, which was 29 contemporaneously considered and approved by the City Commission, complies with the City’s 30 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and 31 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 32 which contains data and analysis supporting the rezoning; and 33 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 34 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 35 Regulations, and the City Commission deems it to be in the best interest of the public to amend 36 the City’s Zoning Map as further set forth herein. 37 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 38 BOYNTON BEACH, FLORIDA: 39 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 40 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 41 Section 2: Decision. The Property described in Exhibit A is hereby rezoned from 42 Infill Planned Unit Development (IPUD) to Community Commercial (C-3), and the City’s Official 43 Zoning Map shall be amended accordingly. 44 Section 3: Amendment to Zoning Map. The Director of Planning and Zoning is 45 further authorized to make the necessary changes, as depicted in Exhibit B, and as required to the 46 City’s Official Zoning Map to reflect the above-stated changes. 47 1101 ORDINANCE NO. 26-003 01.06.26 (IG) Page 3 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 4: Authorization to Transmit. The City Manager or designee is hereby 48 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 49 provisions of the Community Planning Act, if required. 50 Section 5: Severability. The provisions of this Ordinance are declared to be 51 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 52 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 53 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 54 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 55 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 56 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 57 Section 7: Effective Date. This Ordinance shall take effect immediately upon 58 adoption. 59 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 60 1102 ORDINANCE NO. 26-003 01.06.26 (IG) Page 4 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 61 FIRST READING this ______ day of _____________________________, 2026. 62 SECOND, FINAL READING AND PASSAGE this ______ day of __________________________, 2026. 63 CITY OF BOYNTON BEACH, FLORIDA 64 YES NO 65 Mayor – Rebecca Shelton _____ _____ 66 67 Vice Mayor – Woodrow L. Hay _____ _____ 68 69 Commissioner – Angela Cruz _____ _____ 70 71 Commissioner – Thomas Turkin _____ _____ 72 73 Commissioner – Aimee Kelley _____ _____ 74 75 VOTE ______ 76 ATTEST: 77 78 _____________________________ 79 Maylee DeJesús, MMC Rebecca Shelton 80 City Clerk Mayor 81 82 APPROVED AS TO FORM: 83 (Corporate Seal) 84 85 86 Shawna G. Lamb 87 City Attorney 88 1103 ORDINANCE NO. 26-003 01.06.26 (IG) Page 5 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 1104 ORDINANCE NO. 26-003 01.06.26 (IG) Page 6 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Future Land Use Map 1105 ORDINANCE NO. 26-003 01.06.26 (IG) Page 7 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 1106 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION PROJECT/CASE NO. FLUM & REZN-2025.05.3470 STAFF REPORT TO: Mayor Rebecca Shelton Members of the City Commission THRU: Kevin Fischer, AICP Planning & Zoning Division Director FROM: John Stout, Planner II DATE: December 30, 2025 (City Commission Hearing: January 20, 2026, and February 3, 2026) PROJECT: Josie’s Restaurant, Future Land Use Map Amendment and Rezoning (FLUM, REZN 2025.05.3470) REQUEST: The Applicant is requesting approval of a Future Land Use map Amendment (FLUM 2025.05.3470) and Rezoning (REZN-2025.05.3470) for the northern approximately 0.72-acre portion of a 1.34-acre unified property located at 3047 N Federal Highway, amending the Future Land Use from SHDR (Special High Density Residential) and the Zoning from IPUD (Infill Planned Unit Development) to a Future Land Use of GC (General Commercial) with C-3 (Community Commercial) zoning designation, to allow development of a new Josie's Restaurant and associated site plan improvements. The remaining approximately 0.61-acre portion of the property will retain its SHDR future land use and IPUD zoning for potential future development. PROJECT DESCRIPTION Property Owner: SSRS Ventures, LLC Applicant: Stephanie Setticasi, SSRS Ventures, LLC Agents: Bradley Miller, Urban Design Studio Location: 3047 N Federal Highway, approximately 1.34 acres on the east side of N Federal Highway between Gulfstream Boulevard and Old Dixie Highway. The FLUM and the Rezoning request apply to the northern 0.72-acre development parcel. Existing Land Use/ Zoning: Special high-density residential (SHDR, 20 du/acre) / Infill Planned Unit Development (IPUD), Urban Commercial Overlay District (UCDO) 1107 Josie’s, 3047 N Federal Highway FLUM & REZN-2025.05.3470 Page 2 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@9C16BE2C\@BCL@9C16BE2C.docx 2 Proposed Land Use/ Zoning: General Commercial (GC) / Community Commercial (C-3), Urban Commercial Overlay District (UCDO) Existing Use: Vacant Proposed Use: Restaurant Acreage: 1.34 acres unified Adjacent Uses: North: Commercial use along N Federal High, Community Commercial (C-3); South: Unincorporated Palm Beach County, General Commercial (CG); East: Unincorporated Palm Beach County, Single Family Residential (RS); West: North Federal Highway and Multifamily Residential, Planned Unit Development (PUD) PROPERTY OWNER NOTIFICATION A notice of the requests was mailed to property owners within 400 feet of the subject properties, and signs were posted for the City Commission meeting dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND The subject property comprises three parcels previously unified under a recorded Unity of Title, creating a single 1.34-acre parcel. The unified property has remained vacant under its existing Special High Density Residential future land use designation and Infill Planned Unit Development zoning. The applicant proposes to divide the property into two development areas. The northern approximately 0.72-acre portion, consisting of two existing parcels and a portion of a third parcel, is proposed for development of a new Josie’s Restaurant. The southern approximately 0.61-acre portion of the remaining parcel is not proposed for development at this time and is intended to remain reserved for future development under a separate application. To implement the proposed development, the applicant has submitted a Request for Release of Unity of Title, which is being processed concurrently with the companion Future Land Use Map Amendment, Rezoning, and Major Site Plan applications. Approval of the Release of Unity of Title will allow the property to be replatted into separate legal parcels consistent with the proposed development configuration. Josie’s Restaurant is a long-standing Boynton Beach establishment currently operating at 650 East Woolbright Road. Due to the loss of its existing location, the business must relocate. The proposed 1108 Josie’s, 3047 N Federal Highway FLUM & REZN-2025.05.3470 Page 3 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@9C16BE2C\@BCL@9C16BE2C.docx 3 site provides an opportunity to retain a locally established restaurant while encouraging reinvestment along the North Federal Highway corridor. The requested Future Land Use Map Amendment to GC and the Rezoning to C-3 are required to permit the proposed restaurant use and ensure consistency with the companion Major Street Plan application. The property is located within the Urban Commercial Overlay District, which encourages commercial intensification and pedestrian-oriented development along key corridors. The legal description of the property subject to the Future Land Use Map Amendment and Reszoning is provided in Exhibit “A.” REVIEW BASED ON CRITERIA The criteria for reviewing rezonings are set forth in the Land Development Regulations, Chapter 2, Article II, Section 2.D.3. These criteria must be included in the staff analysis for any proposed project that involves rezoning. a. Demonstration of Need. Whether the proposed amendments to the FLU and Zoning maps are supported by the implementation of the City's vision for the area under consideration, or by changes in the conditions or character of development in the area, ongoing or anticipated market trends may also be considered in a justification Statement provided as part of the application. The SHDR and IPUD entitlements have not resulted in the development of the site. Introducing General Commercial land use on the major corridor frontage enables a viable redevelopment, activates a highly visible location, and retains a significant local business currently facing displacement. The request demonstrates need based on market responsiveness, corridor redevelopment goals, and preservation of local economic anchors. b. Consistency. Whether the proposed amendments to the FLU and Zoning maps would be consistent with and promote the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and any other current City-approved planning documents. The General Commercial future land use designation supports a wide range of commercial activities intended to serve residents and visitors. The proposed restaurant use aligns with Comprehensive Plan policies that support corridor reinvestment, infill redevelopment, increased economic activity, and improved urban design along major throughfares. Specifically, the Future Land Use Map amendment and rezoning, alongside the Master Plan, comply with the City’s Comprehensive Plan objectives and policies. c. Compatibility. The application shall consider whether the proposed Future Land Use and Zoning, or potential uses allowed in a proposed Zoning district, would be compatible with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. North Federal Highway contains a mix of commercial and residential uses. The proposed GC and C-3 designations are compatible with this context. The building is situated fronting the main right- of-way, while buffering, walls, and landscaping protect adjacent residential areas to the south and east. Enhanced pedestrian features and the Art in Public Places further strengthen the relationship with the main right-of-way of North Federal Highway. 1109 Josie’s, 3047 N Federal Highway FLUM & REZN-2025.05.3470 Page 4 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@9C16BE2C\@BCL@9C16BE2C.docx 4 d. Orderly Growth. Whether the proposed amendments to the FLU and Zoning maps would encourage piecemeal development or create undevelopable parcels. The amendment and rezoning support orderly development by completing the C-3 restaurant portion and preparing for future development, while sharing utilities, stormwater infrastructure, and access, leaving both parcels functional and coordinated. e. Location Efficiency. Whether the proposed amendments to the FLU and Zoning maps would support complementary land uses: the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or interconnectivity within the project and between adjacent properties. North Federal Highway and Palm Tran Route 1 serve the site directly. The project includes a pedestrian zone with street trees and improved walkability along North Federal Highway. By placing commercial use in a transit-accessible location and providing pedestrian circulation, the request advances smart growth and mobility objectives. f. Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review under Chapter 1, Article VI, Concurrency. a. Transportation: The traffic analysis demonstrates compliance with City concurrency requirements. FDOT access review confirms that trips can be accommodated. b. Potable Water: Adequate capacity is available. c. Sanitary Sewer: Sewer capacity is available; a private lift station may be required. d. Stormwater: The drainage statement confirms compliance with City and SFWMD criteria. e. Solid Waste: Solid Waste Authority (SWA) confirms available regional capacity. f. Schools: Not applicable for commercial development. A SCAD letter of approval will be required upon submission of future development plans for on-site residential components. g. Economic Development Impact. The project reinvests in a long vacant property, retains a major Boynton Beach restaurant, supports local employment, and increases the City’s taxable commercial base. Construction will generate temporary jobs, and the long-term operation of Josie’s will stimulate nearby businesses and contribute to continued corridor revitalization. h. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. The property is not currently part of the City’s heavy commercial or industrial land supply. The request does not remove the land from inventory; instead, it adds general commercial acreage, improving commercial distribution along North Federal Highway. 1110 Josie’s, 3047 N Federal Highway FLUM & REZN-2025.05.3470 Page 5 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@9C16BE2C\@BCL@9C16BE2C.docx 5 RECOMMENDATION Staff has reviewed the proposed Future Land Use Map Amendment (FLUM 2025.05.3470) and Rezoning (REZN 2025.05.3470) requests against the applicable review criteria. Should the City Commission agree to approve the requests, the Planning and Zoning Division recommends APPROVAL. Furthermore, approval of these requests is contingent upon the approval of the associated New Major Site Plan (NWSP 2025.05.3470). 1111 Richard N DeanDigitally signed by Richard N Dean Date: 2025.05.28 20:54:22 -04'00'EXHIBIT "A" - Page 2 of 21112 FecRailroadN F e d e r a l H w y NFederalHwyN Federal HwyNOldDixieHwy FecRailroadN F e d e r a l H w yNFederalHwy NOldDixieHwyNOldDixieHwyW a l m a r t S u p e r c e n t e r N F e d eral Hwy NFederalHwyPiersonDrPalmDrT u r n e r R d B a y f r o n t D rBayfrontDr NFederalHwyNFederalHwyN Federal Hwy N FederalHwy N F e d e r al Hwy PalmDrI n t r a c o a s t a l R d R o b e r t s R d NFederalHwyNFederalHwyNFederalHwyNFederalHwyT u r n e r R d KarenDrPiersonDrI n t r a c o a s t a l R d KarenDrR o b e r t s R d 3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060)3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060) IPUD Existing Zoning (IPUD)Existing Zoning (IPUD) 0 80 160 240 32040 Feet Legend Site Location - 3047 N FEDERAL HWY Current City's Boundary Zoning Classification C3 Community Commercial C4 General Commercial IPUD Infill Planned Unit Development PUD Planned Unit Development R2 Duplex, 10 du/ac REC Recreation Boynton Beach ±1113 3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060)3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060) Proposed Zoning (C3 & IPUD)Proposed Zoning (C3 & IPUD) 0 80 160 240 32040 Feet Legend Site Location - 3047 N FEDERAL HWY Current City's Boundary Zoning Classification C3 Community Commercial C4 General Commercial IPUD Infill Planned Unit Development PUD Planned Unit Development R2 Duplex, 10 du/ac REC Recreation Boynton Beach ± IPUD C3 1114 JOSIES RESTAURANT PROJECT NARRATIVE Request: Major Development Application Project/Case No: 2025.05.3470 Resubmittal: September 23, 2025 Revision: December 19, 2025 Statement of Use and Justification for Future Land Use Map Amendment and Rezoning SSRS VENTURES, LLC (“Petitioner”) is the owner of the +/- 1.34-acre property located at 3047 N. Federal Hwy. and identified by parcel control number 08-43-46-04-12-000- 0140/1050/1060 (“Property”). The Property is generally located on the east side of N. Federal Hwy. between Gulfstream Blvd. and Old Dixie Hwy. within the City of Boynton Beach (“City). The Property is designated SHDR (“Special High Density Residential 20 du/acre”), on the City’s Future Land Use Map and is located within the IPUD (Infill Planned Unit Development) zoning district and within the UCDO (“Urban Commercial Overlay District”). The Property is vacant and serving no beneficial use to the City or the surrounding community. Petitioner is proposing to replat the Property into two parcels, creating a 0.72-acre parcel, identified as Tract 1 and Phase I (“Development Parcel”) that will be developed with a new 4,733 square foot building with 478 square feet of outdoor seating area to be used as the new location for Josie’s Ristorante (“Project”), and a 0.62-acre parcel, Tract 2, that will be developed in the future (“Phase II”). To develop the Project, Petitioner is requesting a future land use map amendment (“FLUMA”) to amend the future land use designation from Special High Density Residential (SHDR) to General Commercial (GC) and change the zoning designation from IPUD to C-3 (“Community Commercial District”) on the 0.72-acre Development Parcel. The 0.62-acre parcel will maintain the existing future land use and zoning designations to facilitate the future development on the parcel. A site plan application will be submitted to develop Phase II at a later date. As part of this entitlement process, Petitioner will also be processing a Major Site Plan Application and subsequent Plat Application in order to allow for the commercial restaurant use on the Development Property and reconfigure the property. Josie’s Restaurant (“Josie’s”), currently located and operating at 650 E Woolbright Road, is a fine- dining Italian restaurant that has been in business for over 30 years. Due to an unforeseen situation, the restaurant is being forced to relocate. Petitioner identified a unique opportunity to develop a new and innovative Josie’s location on the Property, which will allow Josie’s to have a permanent home, and to further cement itself as an integral and contributing member of the City and greater community. The Project will make use of multiple vacant parcels and bring a vibrant new development along the Federal Hwy. corridor. 1115 Josies Restaurant Page | 2 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 FLUMA AMENDMENT & REZONING CRITERIA In accordance with Chapter 4 Article III.2.II.2.D of the City’s Code, Petitioner will demonstrate below that the FLUM Amendment and Rezoning, a) are needed; b) are consistent with, and promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations; c) are compatible with the surrounding uses in terms of density, scale, and the nature of use; d) will promote orderly growth and discourage piecemeal development; e) will support complementary land uses, the integration of a mix of land uses consistent with smart growth and sustainability initiatives, access to alternative modes of transportation, and interconnectivity within the project and between adjacent properties; f) does not exceed the availability of Public Services/Infrastructure; g) will have a positive economic impact; and h) will not reduce the amount of land available for commercial development. a) Demonstration of Need. Approval of the FLUM Amendment and Rezoning Applications is necessary to allow for development of the Project, which is needed to redevelop an underutilized vacant lot with a restaurant that will serve the surrounding community and be a contributing member of the City and greater community. b) Consistency. The proposed FLUM Amendment and Rezoning are consistent with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Per Policy 1.3.1(b) of the City’s Comprehensive Plan states that the Commercial future land use category, “shall allow a broad range of commercial uses to provide for business, retail, service, office and other commercial enterprises that support the resident and visitor populations and create employment opportunities.” The Project is in line with this intent and will allow for the development of commercial uses on the Development Property. Additionally, the Project supports the following objectives and policies within the City’s Comprehensive Plan:  Policy 1.7.2 of the Plan provides that the City shall encourage land assembly to promote large-scale redevelopment and infill projects. A Declaration of Unity of Title has been executed which unifies the two parcels to support the development of Josie’s on the Property. As part of the Project, Petitioner will be making improvements to the Property, which in addition to the infill development of the underutilized Property, will include attractive new landscaping, aimed at beautifying the heavily traveled N. Federal Highway roadway.  Objective 1.17 of the Plan, as it will help the City to pursue economic development opportunities to support a competitive and diversified economy and bolster the quality of life for residents by providing a permanent home to this well-regarded dining establishment. 1116 Josies Restaurant Page | 3 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025  Policy 1.17.1, as it will expand the economic base of the City by adding to the commercial sector of its economy, creating both temporary jobs during the construction phase and long-term jobs with the added employer that will come to the City as a result of this Project. Lastly, the Project is consistent with the purpose and intent of the C-3 (Community Commercial District) in the City’s LDRs, which states, “The intent of this conventional district is to encourage the development or use of property for appropriate intensive retail commercial uses providing for a wide range of goods and services, located along major thoroughfares.” The Project meets this intent by providing commercial uses for the surrounding community along the major thoroughfare of N. Federal Hwy. c) Compatibility. The proposed GC FLUM designation and C-3 zoning designation are compatible with the surrounding uses in terms of density, scale, and the nature of use. d) Orderly Growth. The proposed amendments to the FLUM and Zoning maps will not encourage piecemeal development or create undevelopable parcels. As it stands, the existing parcel is undevelopable with the highest and best use under the current FLUM and zoning designations. The proposed amendments will create the regulatory framework to allow a beneficial and well- planned development on the Property. The Project will serve significant benefit to the community by providing a vibrant commercial building with frontage along N. Federal Highway, to include a Pedestrian Zone with paver walkway, street-trees and an active area. e) Location Efficiency. The FLUM Amendment, Rezoning, and Master Plan will support complementary land uses providing transitional uses from the existing residential to the south and east and commercial use to the north. The Property is located adjacent to a Palm Tran stop (Stop 200, “Federal Highway & Turner Road”) that connects directly to the Delray Tri-Rail, thus improving access to a wide range of mobility options. In consideration of these factors, the Project is located efficiently to promote sustainable development and mobility. f) Availability of Public Services/Infrastructure. The proposed FLUM Amendment has been reviewed for long-term capacity availability at the maximum intensity permitted under the requested SHDR future land use classification, as detailed below: 1117 Josies Restaurant Page | 4 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 Existing Maximum Development Permitted Land Use Gross Acreage Maximum Density Permitted Maximum Development Potential Special High Density Residential 20 du/acre 0.72 20 Dwelling Units per Acre 14 DU Proposed Maximum Development Permitted Land Use Gross Acreage Maximum Density Permitted Maximum Development Potential General Commercial 0.72 0.5 15,681 SF (1) Roadways – The FLUM Amendment and Rezoning meet the City’s roadway concurrency standards. Please refer to the FLUM Amendment Traffic Study and TPS Letter with this application, which detail compliance with the City’s Roadway concurrency standards. (2) Potable Water - The FLUM Amendment and Rezoning meet the City’s potable water concurrency standards. Boynton Beach Utilities will be the water service provider for the referenced project. The City has a 10” waterline line running along North Seacrest Blvd as shown on the record drawings. The Project will connect to that line and bring water, fire and domestic service to the Property. The existing 10” watermain has sufficient capacity for fire and domestic service. The Project connection will consist of a new 8” watermain with a new fire hydrant connected directly to the 10” watermain. The new (on-site) fire and domestic water lines will have independent connections to the 10” watermain on N. Seacrest Blvd. Two fire hydrants are provided within Phase I in accordance with spacing requirements and comments received from the Fire Division. Fire flow shall be provided at flows not less than 1200 gallons per minute in addition to a maximum day requirement at pressures of not less than 30 pounds per square inch. Domestic flow is calculated at 100 -200 gpd/ unit or ERC. As such, the project engineer estimates the water domestic use at 90 units x 200 gpd = 18,000 gallons per day. The utility may apply a peak-hour factor of 4.0. The water utilities will be designed and installed in accordance with the FDEP requirements and subject to applicable permits or approvals obtained from Boynton Beach Utilities and the appropriate permits secured from the Palm Beach County Health Department. 1118 Josies Restaurant Page | 5 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 Please refer to the letter from Boynton Beach Utilities included with this application, which confirms the availability of potable water service and capacity for the Project. (3) Sanitary Sewer – The FLUM Amendment, Rezoning, and Master Plan meet the City’s sanitary sewer concurrency standards. Boynton Beach Utilities will be the sewer service provider for the Project, and sanitary sewer mains are available adjacent to the Property. However, depending on the site grading, a private lift station and force main may be needed to discharge into the City closest sanitary manhole. In case of a shallow sanitary manhole, Petitioner will be responsible to lower that manhole to accommodate the addition flow, while maintaining the downward slope that causes the wastewater to flow freely down the pipes due to gravity. “City of Boynton Beach Utilities” will be the Water Treatment Plants for the project. The total permitted maximum day operating capacity of the plants is 34.44 MGD, and the total maximum daily flow at the plants as recorded on monthly operating reports during the past 12 Months is 16.5 MGD. In addition, “South Central Regional Wastewater Treatment & Disposal Board” is the Wastewater Treatment Plant that will serve the project. Its maximum monthly average daily flow over the last 12-month period is 19.11 MGD, and the maximum three-month average daily flow over the last 12-month period is 17.97 MGD Sewage collection system shall be designed and installed in accordance with the FDEP requirements and subject to applicable permits or approvals obtained from Boynton Beach Utilities and the appropriate permits secured from the Palm Beach County health Department. Based on the record drawings, the Project will be designed to connect to the existing sewer line on the NW corner of the property line. The sewer line is located in an easement, and the connection will be via a new force main from the new private pump station. Please refer to the letter from Boynton Beach Utilities included with this application, which confirms the availability of sanitary sewer service and capacity for the Project. (4) Solid Waste - There is sufficient solid waste capacity to serve the Project. The Solid Waste Authority of Palm Beach County (“Authority”) is the solid waste service provider for the City and the Property. Please refer to the letter from the Solid Water Authority, which provides certification that the Authority has disposal capacity available to accommodate the solid waste generation for the municipalities and unincorporated Palm Beach County for the coming year of 2024, the five• year, and ten-year planning periods. capacity remaining. Based upon the existing County population, the most recently available population growth rates published by the University of Florida 1119 Josies Restaurant Page | 6 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 Bureau of Economic and Business and Research (BEBR), medium projection, projected rates of solid waste generation, waste reduction, and recycling, the Authority forecasts that capacity will be available at the existing landfill through approximately the year 2054. (5) Stormwater Drainage - The Project will be designed to meet the City’s stormwater management requirements. The stormwater system will consist of exfiltration trenches, dry retention areas, swales and catch basins. We intend to capture, treat and convey all stormwater on-site without affecting adjacent properties or the roadway drainage system on N. Federal Highway. Parking area drainage grade elevation shall not be lower than the maximum water surface elevation produced by the three-year, 24-hour rainfall event in any retention, detention, or conveyance facility receiving stormwater runoff. However, where detention or retention is provided by subsurface exfiltration systems the finished grade shall be no lower than the maximum storage elevation produced by the five-year, 24-hour event. Storm sewer system capacity design shall, at a minimum, provide for conveyance of peak inflow from the applicable catchment, based on the three-year rainfall event, such that the hydraulic gradient elevation does not exceed the grate or cover elevation at any inlet or manhole under tailwater conditions Secondary system, including all facilities and appurtenant structures for detention, retention, discharge, and conveyance to legal positive outfall, shall be designed and constructed to provide the degree of treatment and control of all stormwater runoff discharged from a development site necessary to meet the requirements of the agency having jurisdiction over receiving waters at each point of legal positive outfall. Secondary facilities for development subject to permitting by individual or general permit from SFWMD (6) Schools – This is not applicable considering that the proposed FLUM Amendment and Rezoning are for commercial designation. (7) Recreation and Open Space – This is not applicable considering that the proposed FLUM Amendment and Rezoning are for commercial designation. g) Economic Development Impact. Approval of the proposed FLUM Amendment and Rezoning will not represent a decrease in the possible intensity of development or represent a potential decrease in the number of uses with high probable economic development benefits. The Project will provide a reasonable increase in density to create a much-needed modern affordable housing opportunity within the City, thus creating an economic development benefit to the current and future residents of the City and responding to the urgent and ongoing housing crisis in the region and nation at large. 1120 Josies Restaurant Page | 7 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 h) Heavy Commercial and Industrial Land Supply. Approval of the proposed FLUM Amendment and Rezoning will not reduce the amount of land available for heavy commercial/industrial development. i) Master Plan and Site Plan Compliance with Land Development Regulations. The Project complies with the site development standards of the City’s Code and will provide specific details through the required Site Plan Application approval process subsequent to the approval of the proposed Rezoning. CONCLUSION In conclusion, the approval of this application, along with the Major Site Plan application, will allow a well-known and successful restaurant to relocate within the City and be developed on a parcel of land that has been underutilized and vacant for over 30 years. The proposed application is compliant with the proposed Comprehensive Plan designation, Zoning District, and property development regulations. We appreciate the assistance of City staff for the assistance with this application and respectfully request your supportive recommendation to the City Commission. Should there be any questions or need of additional information, please contact Bradley Miller, bmiller@udsflorida.com or Ailish Villalobos, avillalobos@udsflorida.com as Agents for the Applicant. 1121 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; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR A REZONING (REZN- 2025.05.3470) FOR THE NORTHERN APPROXIMATELY 0.72- ACRE PORTION OF A 1.34-ACRE UNIFIED PROPERTY LOCATED AT 3047 N FEDERAL HIGHWAY, AMENDING THE ZONING FROM INFILL PLANNED UNIT DEVELOPMENT (IPUD) TO COMMUNITY COMMERCIAL (C-3) ZONING DESIGNATION, TO ALLOW DEVELOPMENT OF A NEW JOSIE'S RESTAURANT AND ASSOCIATED SITE PLAN IMPROVEMENTS. THE REMAINING APPROXIMATELY 0.61- ACRE PORTION OF THE PROPERTY WILL RETAIN ITS IPUD ZONING FOR POTENTIAL FUTURE DEVELOPMENT. 1122 Page 2 of 3 ☐ 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): The existing property consists of three parcels that were p reviously unified under a recorded Unity of Title. The unified 1.34-acre property has remained vacant under its current SHDR and IPUD designation. The applicant proposes to divide the property into two development areas: a northern approximately 0.72 -acre area, including two existing parcels and a portion of the third parcel, for the new Josie’s Restaurant, and a southern approximately 0.61-acre portion of the remaining parcel reserved for future development. Josie’s Restaurant is a long-standing Boynton Beach establishment currently operating at 650 East Woolbright Road. Due to the loss of its existing location, the business must relocate. The new site offers an opportunity to reinvest along North Federal Highway and retain a local business. The Future Land Use Map amendment to General Commercial (GC) and the Rezoning to Community Commercial (C-3) are required to permit restaurant use and ensure consistency with the companion Major Site Plan application. The property lies in the Urban Commercial Overlay District, which encourages commercial intensification along key corridors. See Exhibit “A” for the legal description of the rezoned property. 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 1123 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 1124 City of Boynton Beach Agenda Item Request Form 8.G 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. 01/20/2026 Meeting Date: 01/20/2026 Proposed New Major Site Plan (NWSP-2025.05.3470) for a new 4,733-square-foot structure for Josie's Restaurant at 3047 N Federal Highway, subject to the approval of the companion Future Land Use Map Amendment and Rezoning Requests. Requested Action: Staff recommends that the approval be tabled for the second reading of the companion Future Land Use Map Amendment and Rezoning Ordinance. Explanation of Request: The subject property consists of three parcels previously unified under a recorded Unity of Title, forming a single 1.34-acre property. The property has remained vacant under its existing SHDR (Special High Density Residential) future land use designation and IPUD (Infill Planned Unit Development) zoning district. The New Major Site Plan is submitted concurrently with companion Future Land Use Map Amendment, Rezoning, and Release of Unity of Title applications to establish the appropriate commercial entitlement and legal parcel configuration for the proposed restaurant. Specifically, the applicant requests to rezone the northern 0.72 acres from IPUD with an SHDR future land use designation to C-3 (Community Commercial) zoning with a GC (General Commercial) future land use designation. A replat is required to implement the proposed development and establish the legal parcel configuration. The two portions of the site are designed to function independently, with shared access to North Federal Highway and shared utility infrastructure as required. The site is located within the Urban Commercial Overlay District, which encourages pedestrian-oriented design, enhanced landscaping, and reinvestment along major corridors. The proposed site plan reflects these objectives by orienting the building toward North Federal Highway, locating parking to the side and rear, providing a pedestrian zone along the frontage, and incorporating an Art in Public Places feature. 1125 How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Development Order - Major Site Plan Modification (NWSP 2025.05.3470).doc Staff Report - NWSP 2025.05.3470 - Josie's Restaurant Exhibit A - Location Map - (NWSP 2025.05.3470) - Josie's Restaurant, 4037 N Federal Hwy..pdf Exhibit B - Justification Statement - (NWSP 2025.05.3470) - Josie's Restaurant, 4037 N Federal Hwy..pdf Exhibit C- Project Plans - (NWSP 2025.05.3470) - Josie's Restaurant, 4037 N Federal Hwy..pdf Exhibit D - Conditions of Approval (NWSP 2025.05.3470) - Josie's Restaurant, 4037 N Federal Hwy..docx 1126 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Josie’s Restaurant, New Major Site Plan (NWSP-2025.05.3470) APPLICANT: Stephanie Setticasi, SSRS Ventures, LLC APPLICANT’S ADDRESS: 132 Island Dr., Ocean Ridge, Florida 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 20, 2026 (Tabled) February 3, 2026 APPROVAL SOUGHT: Approve the request of a New Major Site Plan (NWSP-2025.05.3470) to construct a one-story 4,733-square-foot restaurant building and associated site improvements on the northern approximately 0.72 acres of a 1.34-acre unified property located at 3047 N Federal Highway. This New Major Site Plan is associated with companion Future Land Use Map Amendment (FLUM- 2025.05.3470) and Rezoning (REZN-2025.05.3470) applications. LOCATION OF PROPERTY: 3047 N Federal Highway, Boynton Beach, Florida 33306 DRAWING(S): SEE EXHIBIT “C” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission, having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff , and the public, finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” with notation “Included.” 4. The Applicant’s request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED: __________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Feeding South Florida - 4925 Park Ridge Blvd\MSPM 2024.11.73304\CC\Development Order - MSPM-2024.11.73304.doc 1127 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION PROJECT/CASE NO. NWSP-2025.05.3470 STAFF REPORT TO: Mayor Rebecca Shelton Members of the City Commission THRU: Kevin Fischer, Division Director, Planning and Zoning FROM: John Stout, Planner II DATE: December 30, 2025 (City Commission Hearing: Tabled January 20, 2026) (City Commission Hearing: February 3, 2026) PROJECT: Josie’s Restaurant, New Major Site Plan (NWSP-2025.05.3470) REQUEST: The Applicant is requesting approval of a New Major Site Plan (NWSP- 2025.05.3470) to construct a one-story 4,733-square-foot restaurant building and associated site improvements on the northern approximately 0.72 acres of a 1.34-acre unified property located at 3047 N Federal Highway. This New Major Site Plan is associated with companion Future Land Use Map Amendment (FLUM-2025.05.3470) and Rezoning (REZN- 2025.05.3470) applications. PROJECT DESCRIPTION Property Owner: SSRS Ventures, LLC Applicant: Stephanie Setticasi, SSRS Ventures, LLC Agent: Bradley Miller, Urban Design Studio Location: 3047 N Federal Highway, Boynton Beach, Florida. The property is located on the east side of North Federal Highway, generally between Gulfstream Boulevard and Old Dixie Highway. Parcel Number: 08-43-46-04-12-000-0140 Existing Land Use: Special High Density Residential (SHDR, 20 du/acre) Proposed Land Use: General Commercial (GC) of the northern 0.72-acre portion of the unified 1.34-acre property, subject to approval of the companion FLUM and Rezoning applications and future replat. Existing Zoning: Infill Planned Unit Development (IPUD) 1128 Josie’s, 3047 N Federal Highway NWSP-2025.05.3470 Page 2 2 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B015423C\@BCL@B015423C.docx PROPERTY OWNER NOTIFICATION Notice of the request was mailed to property owners within 400 feet of the subject property, and signs were posted for the City Commission hearing dates. The applicant has certified compliance with Ordinance Nos. 04-007 and 05-004. PROPOSED DEVELOPMENT Proposal: The proposal is for Josie’s, a Boynton Beach-based Italian restaurant seeking a new location following displacement from its prior Riverwalk site. The applicant proposes construction of a one-story, 4,733-square-foot restaurant building with approximately 478 square feet of outdoor dining. The restaurant development is limited to the northern 0.72 acres of the unified property. The remaining 0.61 acres will remain vacant and sodded in accordance with City Code until a future development application is submitted. Background: The subject property consists of three parcels previously unified under a recorded Unity of Title, forming a single 1.34-acre property. The property has remained vacant under its existing SHDR (Special High Density Residential) future land use designation and IPUD (Infill Planned Unit Development) zoning district. The New Major Site Plan is submitted concurrently with companion Future Land Use Map Amendment, Rezoning, and Release of Unity of Title applications to establish the appropriate commercial entitlement and legal parcel configuration for the proposed restaurant. Specifically, the applicant requests to rezone the northern 0.72 acres from IPUD with an SHDR future land use designation to C-3 (Community Commercial) zoning with a GC (General Commercial) future land use designation. A replat is required to Proposed Zoning: Community Commercial (C-3) of the northern 0.72-acre portion of the unified 1.34-acre property, subject to approval of the companion FLUM application and future replat. Acreage: 1.34 acres unified Adjacent Uses: North: Commercial use along N Federal High, Community Commercial (C-3); South: Unincorporated Palm Beach County, General Commercial (CG); East: Unincorporated Palm Beach County, Single-Family Residential (RS); West: North Federal Highway and Multifamily Residential, Planned Unit Development (PUD) 1129 Josie’s, 3047 N Federal Highway NWSP-2025.05.3470 Page 3 3 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B015423C\@BCL@B015423C.docx implement the proposed development and establish the legal parcel configuration. The two portions of the site are designed to function independently, with shared access to North Federal Highway and shared utility infrastructure as required. The site is located within the Urban Commercial Overlay District, which encourages pedestrian-oriented design, enhanced landscaping, and reinvestment along major corridors. The proposed site plan reflects these objectives by orienting the building toward North Federal Highway, locating parking to the side and rear, providing a pedestrian zone along the frontage, and incorporating an Art in Public Places feature. ANALYSIS Traffic and Access: A traffic analysis was submitted demonstrating that the proposed restaurant complies with City concurrency requirements. The Florida Department of Transportation reviewed and approved the proposed access along North Federal Highway. Internal circulation provides adequate turning radii for service and emergency vehicles while clearly separating vehicular and pedestrian movements. No adverse impacts to the surrounding roadway network are anticipated. Utilities: Potable water and sanitary sewer service will be provided by the City of Boynton Beach. Utility availability has been confirmed. Due to site elevations, a private lift station may be required and will be reviewed during final engineering and permitting. Utility systems are designed to accommodate the proposed restaurant and allow for the future development of the remaining parcel. Fire: The Fire Department reviewed the site plan and has no objection. Emergency access, hydrant spacing, and fire apparatus circulation comply with City standards. Final fire protection details will be reviewed during permitting. Police: The Police Department reviewed the site plan for CPTED compliance and has no objection. Lighting, visibility, and circulation features support public safety objectives. Engineering: The Engineering Division reviewed the civil plans, grading, drainage design, and utility layout, and determined that the proposal complies with City engineering standards. Driveway geometry, internal circulation, and service access function appropriately. Remaining technical items will be addressed during permitting. Drainage: The proposed drainage system provides on-site stormwater collection, treatment, and attenuation in compliance with City standards and South 1130 Josie’s, 3047 N Federal Highway NWSP-2025.05.3470 Page 4 4 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B015423C\@BCL@B015423C.docx Florida Water Management District criteria. The system will not negatively impact adjacent properties or public rights-of-way. Parking and Circulation: Parking is provided in compliance with City requirements for restaurant uses. The applicant has requested approval of compact parking spaces through an engineering waiver. ADA-accessible parking spaces are located near primary entrances. Internal circulation is designed to function independently for the restaurant while maintaining long-term coordination with the remainder of the parcel. Landscaping and Buffering: The landscape plan meets City requirements for perimeter buffering, interior parking landscaping, and streetscape improvements. Buffering is provided along the south and east property lines adjacent to residential uses. Streetscape landscaping enhances the North Federal Highway frontage in accordance with Urban Commercial Overlay standards, providing shaded sidewalks and upgraded landscaping. Building Height and Design: The proposed building is a one-story structure compliant with the height limitations of the C-3 zoning district. The architectural design incorporates articulated facades, defined entry features, and materials appropriate for a prominent corridor location. Mechanical equipment is screened from view. Lighting: The photometric plan demonstrates compliance with City lighting standards. Full-cutoff fixtures limit light spillover onto adjacent properties while providing adequate illumination for safety. Signage: Signage is not included in this site plan approval and will be reviewed under a separate permit. Public Art: The site plan includes a designated area along North Federal Highway intended to satisfy the City’s Art in Public Places requirements. Final artwork details will be reviewed and approved by the Art Advisory Board prior to issuance of a Certificate of Occupancy. Consistency with FLUM & Rezoning: The site plan is consistent with the required GC future land use designation and C-3 zoning district. Approval of the site plan is contingent upon approval of the companion FLUM and Rezoning applications. RECOMMENDATION Staff recommends APPROVAL of the New Major Site Plan (NWSP-2025.05.3470). Any additional conditions imposed by the City Commission will be incorporated into Exhibit “D” – Conditions of Approval. 1131 FecRailroadN F e d e r a l H w y NFederalHwyM iller R d NOldDixieHwy811 811 SE 3 4 t h A v e F r a n c e s c a R i d g e R d WolfRunLnJamestownLnGulfs t r e a m B l v d G u l f stream BlvdNOldDixieHwy NFederalHwyNFederalHwyW a l m a r t S u p e r c e n te r 1 N F e d e r al Hwy NFederalHwyN F e d e r a l Hwy WatersideCirC h u k k e r R d PiersonDrPalmDrT u r n e r R d KarenDrB a y f r o n t Dr NFederalHwyNFederalHwy1 PiersonDrPalmDrG o l f v i e w D r I n t r a c o a s t a l R d KarenDrR o b e r t s R d B l u e w a t e r C vNFederalHwyNFederalHwy Polo Cove PoloDrPalm Way Middle Rd 3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060)3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060) SITE Location MapLocation Map 0 140 280 420 56070 Feet Legend Site Location - 3047 N FEDERAL HWY Current City's Boundary Boynton Beach ±1132 JOSIES RESTAURANT PROJECT NARRATIVE Request: Major Development Application Project/Case No: 2025.05.3470 Resubmittal: September 23, 2025 – Review Cycle 1 Resubmittal: October 24, 2025 – Review Cycle 2 Resubmittal: December 19, 2025 Statement of Use and Justification for Site Plan Application INTRODUCTION SSRS Ventures LLC (“Petitioner”) is the owner of the +/- 1.34-acres, generally located on the east side North Federal Highway and between Gulfstream Boulevard and Old Dixie Highway (“Property”), within the City of Boynton Beach (“City”), Palm Beach County (“County”). The Property is designated SHDR 20, Special High Density Residential 20 du/acre, on the City’s Future Land Use Map and is zoned IPUD, Infill Planned Unit Development. The Property is currently vacant. Petitioner is proposing to split the Property into two parcels, creating a 0.72-acre parcel, identified as Tract 1, and Phase I (“Development Parcel”) that will be developed with a new 4,733 square foot building with 478 square feet of outdoor seating area to be used as the new location for Josie’s Ristorante (“Project”), and a 0.62-acre parcel, Tract 2, that will be developed in the future (Phase II). To develop the Project, Petitioner is requesting a future land use map amendment (FLUMA) to amend the future land use designation from SHDR (Special High Density Residential 20 du/acre) to GC (General Commercial) and change the zoning designation from IPUD (Infill Planned Unit Development) to C-3 (Community Commercial District) on the 0.72-acre Development Parcel, along with this Major Site Plan Application. The 0.62-acre parcel, Tract 2, will maintain the existing future land use and zoning designations to facilitate the future development on the parcel. A site plan application will be submitted to develop Phase II at a later date. Pursuant to discussion with Staff, the property will be configured by Plat, which is an administrative review process and can be processed concurrently with land development permits. In order to achieve this proposal, the Applicant is requesting approval of the following:  Release of Unity of Title for the overall 1.34-acre property.  Land Use Amendment from SHDR-20 to General Commercial (GC) and Rezoning from IPUD to C-3 for Tract 1 (0.72-acres).  Major Site Plan application for restaurant use within Tract 1 (0.72-acres).  Re-plat of the overall 1.34-acre property. 1133 Josies Restaurant Page | 2 Project Narrative – Site Plan Major Development Application Rev. 12/19/2025 PROJECT DESCRIPTION As indicated, Petitioner is proposing to develop Phase I of this vacant parcel with a new 4,733 square foot restaurant (plus 478 square feet of outdoor seating area) on the northern 0.72 acres for the new location of Josie’s Restaurant, an established and well- known restaurant in the City of Boynton (“Project”). The restaurant will accommodate 118 seats within the building and 22 seats within the outdoor dining area. A 512 square foot outdoor open area is also provided along N. Federal Highway which will include a proposed artistic fountain in compliance with the Art in Public Places program. Josie’s Restaurant (“Josie’s”), currently located and operating at 650 E Woolbright Road, is a fine-dining Italian restaurant that has been in business for over 30 years. Due to unforeseen situation, the restaurant is being forced to relocate. Petitioner identified a unique opportunity develop a new and innovative Josie’s location on the Property, which will allow Josie’s to have a permanent home, and to further cement itself as an integral and contributing member of the City and greater community. The Project will make use of multiple vacant parcels and bring a vibrant new development along the Federal Highway corridor. The Future Land Use Element (“FLUE”), found in the Boynton Beach Comprehensive Plan (the “Plan”), provides multiple goals, policies and objectives aimed at guiding the future growth and development of the City that further support redevelopment of the Property with the Project. Policy 1.7.2 of the Plan provides that the City shall encourage land assembly to promote large-scale redevelopment and infill projects. A Declaration of Unity of Title has been executed which unifies the three parcels to support the development of Josie’s on the Property. As part of the Project, Petitioner will be making improvements to the Property, which in addition to the infill development of the underutilized Property, will include attractive new landscaping, aimed at beautifying the heavily traveled N. Federal Highway roadway. Moreover, the Project is supported by Objective 1.17 of the Plan, as it will help the City to pursue economic development opportunities to support a competitive and diversified economy and bolster the quality of life for residents by providing a permanent home to this well-regarded dining establishment. Finally, the Project supports Policy 1.171., as it will expand the economic base of the City by adding to the commercial sector of its economy, creating both temporary jobs during the construction phase and long-term jobs with the added employer that will come to the City as a result of this Project. The proposed Site Plan consists of a single restaurant building, situated along the N. Federal Highway frontage and required Pedestrian Zone, in compliance with the Urban Commercial Corridor Overlay. This provides a more engaging and active frontage along the roadway and screens parking areas from view. Access to the site is provided by a right-in/right out driveway on Federal Highway. The preliminary design of this driveway as shown on the Site Plan has been approved by FDOT. PARKING & LOADING Parking for the proposed restaurant use is calculated based 2.5 spaces per seat but no less than 1 space per 100 square feet of building area. As shown in the chart below, 1134 Josies Restaurant Page | 3 Project Narrative – Site Plan Major Development Application Rev. 12/19/2025 the restaurant is proposed to have 118 seats, a gross building area of 4,733 square feet and 47 parking spaces are required, however a total of 45 spaces are provided, with 39 standards spaces, 4 compact spaces and 2 handicap accessible spaces. This application requests the approval of a parking reduction of 2 spaces pursuant to Chapter 4, Article V, Section 3. A.1 and as outlined below. PARKING REDUCTION (per Chapter 4, Article V, Section 3.A) Use Data Parking Data Reduction Use Sq. Ft. Seats Rate Required Provided Spaces Percentage Restaurant 118 2.5 47.2 45 -2.2 4.66% 4,733 100 47.33 45 -2.33 4.92% The requested reduction is applicable to this project by meeting the conditions of Section 3.A.1 and the Criteria of 3.A.2. as indicated below. 3.A.1. Applicability: This provision to reduce the standard number of required parking spaces shall only apply when the following conditions are met: a. The reduction in the number of parking spaces shall not cause the development to be noncompliant with Section 2.A. above. Response: Section 2.A. regulates the parking standards for all uses within the City, including the required number of spaces. The proposed development complies with all standards of this section, with the exception of the required number of spaces of which a reduction of 2 space or 4.92% is hear-by requested by this application. b. Shall only apply to non-residential uses; and Response: the proposed use is a restaurant and is therefore applicable. c. Shall not be applied in conjunction with other provisions to reduce the number of required off-street spaces pursuant to this article. Response: no other provision is being requested to reduce the number of spaces required. 3.A. 2. Criteria The following criteria shall be used in the evaluation of a request to reduce the standard number of required parking by five percent (5%). a. Landscaped areas within off-street parking areas shall be maximized and enhanced, and existing plant material, particularly mature shade trees, should be preserved to the maximum extent possible, to help reduce ground-level absorption of solar radiation. Response: the site is clear of vegetation; however, it is designed to provide as much landscaping as possible to comply and exceed the code requirements. As shown in the Landscape Legend chart on Sheet L-3 of the landscape plans, there are 5 additional trees than required and provided within the east buffer to provide better screening from the adjacent residential use. The proposed landscape design has also taken into account the need for shade of the parking lot and pedestrian zone along Federal Highway. 1135 Josies Restaurant Page | 4 Project Narrative – Site Plan Major Development Application Rev. 12/19/2025 b. Impervious surfaces shall be minimized; and Response: the site has been designed to provide the proper paved access, circulation and parking to support the proposed restaurant use. If there were the area to provide the 2 parking spaces, it would only increase the impervious area. c. Pedestrian connections shall be enhanced. Response: the pedestrian connections are minimal on site however located in areas that are landscaped and enhanced with landscaping related to the outdoor sitting on the south and pedestrian zone area along the Federal Highway frontage. The intent of these areas are to provide for al fresco dining with an enhanced atmosphere. As indicated, the parking provided includes four (4) compact spaces at a reduced size of 8’ x 16’ pursuant to an administrative engineering waiver which has been granted to allow these compact spaces in this circumstance. Likewise, the required loading space is proposed within one of the internal drive aisles and is also subject to an engineering waiver. The parking spaces in which it blocks will be designated for employee use, plus all deliveries will be scheduled in off business hours to avoid conflicts. LANDSCAPING As shown by the provided Landscape Plans, the perimeter of the property is provided with a Pedestrian Zone, including a shaded walkway and pedestrian use/patio area, along the Federal Highway frontage; plus landscape buffers of 5 feet in width along the north and south property lines adjacent to parking and 12 foot width with a 6 foot high wall and landscaping along the east property line where adjacent to residential homes. As shown in the Landscape Legend chart on Sheet L-3 of the landscape plans, there are 5 additional trees than required and provided within the east buffer to provide better screening from the adjacent residential use. Within the parcel, the parking area is provided with landscaped islands and dividers which will be planted with trees and vegetation as required by code to provide shade in the parking areas. ARCHITECTURE Preliminary architectural plans are provided for review within the Site Plan application package. The building is proposed at a height of 26’-2”, with a partial second floor that will be used for mechanical equipment above the kitchen space and the ceiling height of the dining area will be approximately 15’. The ground floor is divided between the seating area and the kitchen space. There are 118 seats proposed inside the restaurant and 22 seats outside on the patio space. Operating business hours are anticipated to be 11:00 am to 10:00 pm, seven days a week. CONCLUSION In conclusion, the approval of this application, along with the FLUMA and Rezoning, will allow a well-known and successful restaurant to relocate within the City and be developed on a parcel of land that has been underutilized and vacant for over 30 years. The proposed application is compliant with the proposed Comprehensive Plan designation, Zoning District, and property development regulations. 1136 Josies Restaurant Page | 5 Project Narrative – Site Plan Major Development Application Rev. 12/19/2025 We appreciate the assistance of City staff for the assistance with this application and respectfully request your supportive recommendation to the City Commission. Should there be any questions or need of additional information, please contact Bradley Miller, bmiller@udsflorida.com or Ailish Villalobos, avillalobos@udsflorida.com as Agents for the Applicant. 1137 COMPA C T COMPA C T COMPACT COMPACT 60'-0" WASTE TRUCK MIN. BACK UP CLEARANCE 18'-0" N. FEDERAL HIGHWAY13'-4"SETBACK5 LINE OF LOT SPLIT (TYPICAL)24'-0"AISLE18'-0"12'-0" ADJACENT PROPERTY Jurisdiction: BOYNTON BEACH Land Use Designation: LRC Local Retail Commercial Zoning Classification: C3 Community Commercial Use: THE TICKET CLINIC ADJACENT PROPERTY Jurisdiction: PALM BEACH COUNTY Land Use Designation: MR-5 Zoning Classification: RS Use: TRADE WINDS ESTATES ADJACENT PROPERTY Jurisdiction: PALM BEACH COUNTY Land Use Designation: CH/5 Zoning Classification: CG Use: MF RESIDENTIAL 149'-0"120'-03 8" RESTAURANT 4,733 SF - 118 SEATS (FIN FLR @ 9.5 NAVD) HEIGHT - 26'-2"OUTDOOR 478 SF 15 84'-0"13'-4"47'-8"17'-0"ADDITIONAL RIGHT-OF-WAY WEST LINE OF LOTS AS PLATTED 6 5'-8"18'-0"5'-0"71'-8"10'-0"WALK8'-0"ACTIVITY8 6'-0" 24'-0" AISLE 5'-0" 524'-0"AISLE16'-0"5'-6"14'-10" LIFT STATION 5'-0" TREE ZONE (OVERLAPS 2'-6" w/ WALK ZONE) 1'-0"2'-6"2'-6"FUTURE CONNECTION. NO TREES IN THIS AREA BUT CONTINUOUS HEDGE TO BE INSTALLED. OPEN OUTDOOR 512 SF TRANSFORMERLANDSCAPEISLAND 156 SFLANDSCAPE ISLAND 163 SF LANDSCAPEISLAND 664 SFLANDS C A P E ISLAN D 1 , 4 5 0 S F LANDSCAPEISLAND 649 SFLANDSCAPE ISLAND 135 SF PHASE 2 FUTURE DEVELOPMENT +-70'-0"LANE DIVIDER TO BE APPROVED BY FDOT EXISTING 6' HIGH WALL 10'-0"EASMNT10'-0" EASMNT LOADING ART FOUNTAIN (PUBLIC ART) SUBJECT TO FINAL DESIGN BY SELECTED ARTIST AND APPROVAL BY THE ARTS COMMISSION PRIOR TO BUILDING PERMIT ISSUANCE.STOP BARSTOP BAR STOP SIGN 12'-0"35'-0"6' HIGH CMU WALL @ DUMPSTER AREA (TYP.) 5' TYPE 1 LANDSCAPE BUFFER 12' TYPE 2 LANDSCAPE BUFFER 20'-6"68'-8" FRONTAGE (13' MIN. CEILING)LANDSCAPEISLAND 165 SFLANDS C A P E ISLAN D 6 6 0 S F R20'-0"12'-0" 12' - 0 " 24'-0" FUTURE CONNECTION. NO TREES IN THIS AREA BUT CONTINUOUS HEDGE TO BE INSTALLED.18'-0"7'-4"8"4'-0" ACCESS GATE DUMP.12'-0"25'-6"9'-0"PARKING LOT LIGHT FIXTURE (TYP.) 25' SIGHT TRIANGLE 25' SIGHT TRIANGLE GREASE TRAP 9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"18'-0"EMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLY12'-0"7'-0"6' HIGH CMU BUFFER WALL 5' TYPE 1 LANDSCAPE BUFFER 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 5'-0" 24'-0" AISLE9'-0"9'-0"9'-0"9'-0"9'-0"12'-0"5'-0"12'-0"9'-0"9'-0"9'-0"5'-0" 6 ZERO LOT LINE SIDE SETBACKZERO LOT LINE SIDE SETBACKZERO LOT LINE SIDE SETBACK5'-0" 21'-0" FRONTAGE (2 STORY)24'-0"20'-0" EASMNT9'-0"24'-0"AISLE18'-0"8'-0" 8'-0" 9'-0" 9'-0" 9'-0" 9'-0" 8'-0"8'-0" 9'-0"9'-0"9'-0"9'-0"16'-0"18'-0"18'-0"15'-0"REARSETBACKSTOP SIGN 6'-1" LANDSCAPE ISLAND 130 SF94'-3"FH HATCHING DENOTES 2-STORY SPACE 6' HIGH CMU WALL @ LIFT STATION 5'-0" 12'-0" U.E. (TYP.) 12'-0" U.E. 12'-0" U.E.12'-0"U.E.BOYNTON BEACH STANDARD PAVER HOLLAND-STONE RED/CHARCOAL COLOR MIX LAID IN A 45 HERRINGBONE PATTERN SITE K-3 BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO.HANDICAP PARKING, STALLS AND DETAILS 02/20 BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO.G-3A DUMPSTER ENCLOSURE DETAIL 02/20 BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO.G-3B DUMPSTER ENCLOSURE DETAIL 02/20 LANDSCAPE PERVIOUS AREA 6,040 / 31,665 SF = 19.0% 45 spaces x 25 SF = 1,125 SF min of Parking L'scape Islands Required Parking L'scape Islands Provided = 4,172 SF BUILDING COVERAGE 5,211 / 31,665 = 16.4% IMPERVIOUS AREA 20,413 / 31,665 = 64.4% REQUIRED SETBACKS FRONT:0'-0" SIDE:0'-0" REAR:15'-0" RESTAURANT PARKING 118 INDOOR SEATS @ 1 SPACE/2.5 SEATS = 47.2 SPACES 22 OUTDOOR SEATS (18.6% OF INDOOR SEATS) LESS 5% INCENTIVE= 45 SPACES 4,733 SF @ 1 SPACE/100 SF = 47.33 SPACES LESS 5% INCENTIVE = 45 SPACES 45 SPACES REQUIRED 45 SPACES PROVIDED (39) STANDARD 9'x18' (2) ADA 12'x18' (4) COMPACT 8'x16' OVERALL SITE DATA LOT AREA - 58,484 SF, 1.34 ACRES LOT SPLIT AREAS NORTH SIDE - 31,665 SF, 0.727 ACRES SOUTH SIDE - 26,819 SF, 0.615 ACRES PCN'S:08-43-46-04-12-000-0140 / 0150 / 0160 EXISTING FUTURE LAND USE DESIGNATION: SHDR 20 (Special High Density Residential 20 du/acre) EXISTING ZONING CLASSIFICATION: IPUD (Infill Planned Unit development) OVERLAY: UCDO (Urban Community District Overlay) NORTH SIDE LOT SPLIT SITE DATA LOT AREA - 31,665 SF, 0.727 ACRES PROPOSED USE: 4,733 SF RESTAURANT (118 SEATS) PROPOSED FUTURE LAND USE DESIGNATION: GC (General Commercial) PROPOSED ZONING CLASSIFICATION: C-3 (Community Commercial) SOUTH SIDE LOT SPLIT SITE DATA LOT AREA - 26,819 SF, 0.615 ACRES PROPOSED FUTURE LAND USE DESIGNATION: SHDR 20 (Special High Density Residential 20 du/acre) PROPOSED ZONING CLASSIFICATION: IPUD (Infill Planned Unit development) PROPOSED SETBACKS FRONT:13'-4" SIDE:1'-0", 20'-0" adj to Residential REAR:94'-3"JOSIES RESTAURANT3047 N FEDERAL HIGHWAYSSRS VENTURES LLCob No. 240706410-16-2025© .I.B.O.GS 7.18.2024 A101 SITE PLAN SCALE: 1" = 20'-0"1 1138 Richard N DeanDigitally signed by Richard N Dean Date: 2025.05.28 20:54:22 -04'00'1139 JJ o s i e sosies JOSIES RESTAURANT3047 N FEDERAL HIGHWAYSSRS VENTURES LLCob No. 240706410-16-2025© .I.B.O.GS 7.18.2024 A0 JOSIES RESTAURANT 3047 N. FEDERAL HIGHWAY PROJECT TEAM ARCHITECT LANDSCAPE ARCHITECT RANDALL STOFFT ARCHITECTS 42 NORTH SWINTON AVE. DELRAY BEACH, FLORIDA 33444 TEL: 561-243-0799 CONTACT: Gary Stofft EMAIL: gary@stofft.com KWD LANDSCAPE ARCHITECTURE 4730 NW BOCA RATON BLVD SUITE 100 BOCA RATON, FL 33431 TEL: 561-243-1873 CONTACT: Dante Cornish EMAIL: dante@kwdesignteam.com CIVIL ENGINEER HALEY ENGINEERING, INC. 1680 SE 4th ST DEERFIELD BEACH, FL 33441 TEL: 954-260-6194 CONTACT: John Haley EMAIL: johnjhaley@comcast.net COVER SHEET SITE PLAN 1ST FLOOR PLAN A0 A101 A201 2ND FLOOR PLANA202 ROOF PLAN EAST & WEST ELEVATIONS NORTH & SOUTH ELEVATIONS A301 A302 A210 BUILDING SECTIONSA303 ARCHITECTURAL SHEET INDEX ZONING & FUTURE LAND USE MAPSA102 SURVEYOR DEAN SURVEYING & MAPPING 4201 WESTGATE AVE SUITE A-3 WEST PALM BEACH, FL 33409 TEL: 561-625-8748 CONTACT: Richard Dean EMAIL: dean@deansurveyors.com 1140 200 SERIES KEYNOTES ALUMINUM ROOFED PERGOLA SYSTEM200 - DECORATIVE ALUMINUM LOUVERED EYEBROW 201 - .. 202 -BALCONY ABOVE 203 - STATION COOKING COOLER PANTRY PIZZA DISH COFFEE MARKET RESTAURANT COVERED OUTDOOR OPEN OUTDOOR 89'-8" 20'-4"69'-4"71'-8"2'-8"69'-0"89'-8" 21'-0"15'-0"7'-0"46'-8"71'-8"12'-0"29'-2"6'-6"18'-0"6'-0"8'-8"5"9'-7"10'-0"9'-7"5"8'-8" 7'-0"10'-0"1'-4"10'-0"1'-4"10'-0"1'-4"10'-0"1'-4"10'-0"7'-0"3'-4"14'-4"2'-8"2'-0"8'-0"1'-7"6'-1"200 201 202 201201201 (118 SEATS) (22 SEATS) 44444 10 PRIVATE DINING SVC WINE 17 BAR 5 6 HOSTESS 6 4 4 4 4 4 4 4 4 4 4 4 WAITING 6 4 4 4 44 202 202 4 2 STATION NOTE: BUILDING TO BE EQUIPPED WITH FIRE ALARM & SPRINKLER SYSTEM 10987654321 11 12 13 201 AREA CALCULATION 1) RESTAURANT 2) OUTDOOR DINING 3) ACCESSORY STORAGE 4) MECHANICAL 4733 SF 478 SF 279 SF 1349 SF 6839 SF JOSIES RESTAURANT3047 N FEDERAL HIGHWAYSSRS VENTURES LLCob No. 24070649-15-2025© .I.B.O.GS 7.18.2024 A201 1st FLOOR PLAN SCALE: 1/4" = 1'-0" 1141 200 SERIES KEYNOTES ALUMINUM ROOFED PERGOLA SYSTEM200 - DECORATIVE ALUMINUM LOUVERED EYEBROW 201 - .. 202 -BALCONY ABOVE 203 - MECHANICAL 21'-0"69'-0"2'-8"21'-0" 6'-10"7'-4"6'-10" 201 15'-0"45'-0"18'-0"6'-0"ACCESSORY STORAGE HOOD AREA BELOW 36'-0"2'-8"6'-10"7'-4"6'-10"5'-4"7'-4"5'-4"2'-8"STAIR DETAILS 12'-3" FLOOR TO FLOOR 21 RISERS @ 7" EACH, 11" TREADS w/ 1" BULLNOSE 11 12 13 14 15 16 17 18 19 20 21 10987 JOSIES RESTAURANT3047 N FEDERAL HIGHWAYSSRS VENTURES LLCob No. 24070649-15-2025© .I.B.O.GS 7.18.2024 A202 2nd FLOOR PLAN SCALE: 1/4" = 1'-0" 1142 TOP OF PARAPET @ +26'-8" A.F.F. FLAT ROOF @ +21'-8" A.F.F. TOB @ 15'-4" A.F.F.3'-6"TOB @ 15'-4" A.F.F. TRUSS PROFILETOB @ 21'-8" A.F.F.TOB @ 21'-8" A.F.F.1'-0"TRUSS PROFILE KITCHEN EXHAUSTCOOLING EQUIP ALUMINUM ROOFED PERGOLA SYSTEM @ OUTDOOR DINING W/ GUTTERS INTERNAL TO SYSTEM5'-0"2'-8" DECORATIVE ALUMINUM LOUVERED EYEBROW DECORATIVE ALUMINUM LOUVERED EYEBROW BALCONY2'-8"TOP OF PARAPET @ +26'-8" A.F.F. BALCONY 2'-8"OVERFLOW SCUPPER OVERFLOW SCUPPER INTERNAL ROOF DRAIN INTERNAL ROOF DRAIN BALCONY ALUM EYEBROW ALUM EYEBROW ALUM EYEBROW GUTTER LOCATIONS TO MATCH STANDING SEAM ROOF (TYP.)JOSIES RESTAURANT3047 N FEDERAL HIGHWAYSSRS VENTURES LLCob No. 24070649-15-2025© .I.B.O.GS 7.18.2024 A210ROOF PLAN SCALE: 1/4" = 1'-0" 1143 JJ 4 1/2 12 (TYP) FIN FLOOR ELEV 0'-0" NAVD 9.5 TOP OF BEAM @ +15'-4" A.F.F. TOP OF BEAM @ +21'-8" A.F.F. FIN FLR ELEV 0'-0" NAVD 9.5 2ND FLOOR @ +12'-3" A.F.F. 300 303 309 312 310 306 307 305osiesosies TOP OF PARAPET @ +26'-8" A.F.F. 302 304 302 305 3'-0"7'-0"8"2'-4"4 1/2 12 (TYP) FIN FLOOR ELEV 0'-0" NAVD 9.5 2ND FLOOR MECH @ +12'-3" A.F.F. TOP OF BEAM @ +21'-8" A.F.F. TOP OF BEAM @ +15'-4" A.F.F. 300 304 302 301 309 309 TOP OF PARAPET @ +26'-8" A.F.F. 308 304 303 306 307 312 3'-0"7'-0"8"2'-4"306 300 SERIES KEYNOTES STANDING SEAM METAL ROOF, CHARCOAL300 - SMOOTH STUCCO FINISH, COLOR TO MATCH CORAL STONE CLADDING 301 - 302 - 303 - CORAL STONE WALL CLADDING 304 - ALUMINUM LOUVERED EYEBROW, ES SILVERSTORM 306 - 307 - 305 - 308 - ALUMINUM RAIL, ES SILVERSTORM NewTechwood EUROPEAN SIDING, BELGIAN BOARD, COLOR-ROMAN ANTIQUE ALUMINUM ROOFED PERGOLA, ES SILVERSTORM RAISED SILL WOOD BRACKET 309 -NewTechwood TRIM BOARD 310 -TUMBLED LEDGER 8"x22" TAUPE WALL CLADDING 311 -1 1/2" STUCCO REGLET 312 -8" x 8" WOOD OUTRIGGER JOSIES RESTAURANT3047 N FEDERAL HIGHWAYSSRS VENTURES LLCob No. 240706410-16-2025© .I.B.O.GS 7.18.2024 A301WEST ELEVATION SCALE: 1/4" = 1'-0" EAST ELEVATION SCALE: 1/4" = 1'-0" 1144 FIN FLOOR ELEV 0'-0" NAVD 9.5 2ND FLOOR MECH @ +12'-3" A.F.F. TOP OF BEAM @ +15'-4" A.F.F. TOP OF BEAM @ +21'-8" A.F.F. TOP OF BEAM @ +21'-8" A.F.F. TOP OF BEAM @ +15'-4" A.F.F.3'-6"5'-6"300 302 306 304 305 303 306 301 305 309 308 TOP OF PARAPET @ +26'-8" A.F.F. FIN FLR ELEV 0'-0" NAVD 9.5 303 306 307 4 1/2 12 (TYP) 312 300 SERIES KEYNOTES STANDING SEAM METAL ROOF, CHARCOAL300 - SMOOTH STUCCO FINISH, COLOR TO MATCH CORAL STONE CLADDING 301 - 302 - 303 - CORAL STONE WALL CLADDING 304 - ALUMINUM LOUVERED EYEBROW, ES SILVERSTORM 306 - 307 - 305 - 308 - ALUMINUM RAIL, ES SILVERSTORM NewTechwood EUROPEAN SIDING, BELGIAN BOARD, COLOR-ROMAN ANTIQUE ALUMINUM ROOFED PERGOLA, ES SILVERSTORM RAISED SILL WOOD BRACKET 309 -NewTechwood TRIM BOARD 310 -TUMBLED LEDGER 8"x22" TAUPE WALL CLADDING 311 -1 1/2" STUCCO REGLET 312 -8" x 8" WOOD OUTRIGGER FIN FLOOR ELEV 0'-0" NAVD 9.5 2ND FLOOR MECH @ +12'-3" A.F.F. TOP OF BEAM @ +15'-4" A.F.F. TOP OF BEAM @ +21'-8" A.F.F. TOP OF BEAM @ +21'-8" A.F.F. FIN FLR ELEV 0'-0" NAVD 9.5 2ND FLOOR @ +12'-3" A.F.F. 300 302 306 304 301 303 306 301 309 307 TOP OF PARAPET @ +26'-8" A.F.F. 311 311 MECHANICAL & KITCHEN EXHAUST EQUIP ON CURB OR RAILS BEHIND PARAPET (TYP.)FLAT ROOF IN MECH PIT AREA 303 306 307 312 312 JOSIES RESTAURANT3047 N FEDERAL HIGHWAYSSRS VENTURES LLCob No. 240706410-16-2025© .I.B.O.GS 7.18.2024 A302 SOUTH ELEVATION SCALE: 1/4" = 1'-0" NORTH ELEVATION SCALE: 1/4" = 1'-0" 1145 FLAT ROOF @ +21'-8" A.F.F. FIN FLR ELEV 0'-0" NAVD 9.5 2ND FLOOR @ +12'-3" A.F.F. TOP OF PARAPET @ +26'-8" A.F.F. FIN FLOOR ELEV 0'-0" NAVD 9.5 PERGOLA BEAM TOP @ +12'-8" A.F.F. TOP OF BEAM @ +15'-4" A.F.F. PRE-ENGINEERED ROOF TRUSSES @ 24" O/C MAX CONCRETE FLOOR SLAB STEM WALL FOOTING (TYP.) SEE STRUCTURAL PLANS FOR ALL FOUNDATION DETAILS RESTAURANT BUILD OUT T.B.D. MECHANICAL KITCHEN BUILD OUT T.B.D. T&G CLG. ALUMINUM ROOFED PERGOLA STRUCTURE BY OTHERS 9'-0"8"2'-4"8"RAKE BEAM HOLLOWCORE FLOOR SYSTEM ROOF MOUNTED A/C EQUIP ON CURB OR RAILS COVERED OUTDOOR DINING13'-0"FLAT ROOF DRAIN SLOPE FLAT ROOF TO DRAINS 15'-4"8'-6"3'-9"8'-11"TOP OF BEAM @ +21'-8" A.F.F. FIN FLR ELEV 0'-0" NAVD 9.5 2ND FLOOR @ +12'-3" A.F.F. STEM WALL FOOTING (TYP.) SEE STRUCTURAL PLANS FOR ALL FOUNDATION DETAILS MECHANICAL KITCHEN BUILD OUT T.B.D.3'-9"8'-6"9'-5"TOP OF BEAM @ +15'-4" A.F.F. 306 304 FIN FLR ELEV 0'-0" NAVD 9.5 JOSIES RESTAURANT3047 N FEDERAL HIGHWAYSSRS VENTURES LLCob No. 240706410-16-2025© .I.B.O.GS 7.18.2024 A303 BUILDING SECTION A-A SCALE: 1/4" = 1'-0" BUILDING SECTION B SCALE: 1/4" = 1'-0" BUILDING SECTION C SCALE: 1/4" = 1'-0" 1146 COMPACTCOMPACTCOMPACTCOMPACT515685EMPLOYEE ONLY EMPLOYEE ONLY EMPLOYEE ONLY EMPLOYEE ONLY 6FHCOMPACTCOMPACTCOMPACTCOMPACT515685EMPLOYEE ONLY EMPLOYEE ONLY EMPLOYEE ONLY EMPLOYEE ONLY 6FH8'8'8'8'8'18'18'18'18'18'18'18'18'18'MMM18'18'18'9'9'18'18'18'18'18'18'18'18'18'Contractor shall secure all permits required for the work from any state or localThe Contractor shall be responsible for all changes to work, at no additional cost to Owner, and/or Owner shall bear no responsibility for work performed without permitted drawings.shall have permits "in hand" prior to starting work. The Landscape Architect departments, utility companies or jurisdiction affected by the work. The ContractorCAUTION: PLEASE NOTEas a result of unauthorized work prior to receipt of permit.THIS DRAWING HAS NOT BEEN REVIEWEDBY A STRUCTURAL ENGINEERVERIFY WITH STRUCTURAL ENGINEERPRIOR TO CONSTRUCTION©REFER TO VENDORS FOR ALL INSTALLATIONMATERIALS AND PROCEDURES/FOLLOW ALLMANUFACTURERS INSTALLATION INSTRUCTIONSPOOLS BARRIERS AND GATESALL POOL BARRIERS MUST MEET THE REQUIREMENTS OF 2023 F.B.C. 8TH EDITION,SECTIONS 454.2.17.1.1 THROUGH 454.2.17.1.7. ALL POOL GATES MUST MEET THEREQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTION 454.2.17.1.8. ALL DOORS ANDWINDOWS PROVIDING DIRECT ACCESS FROM A DWELLING TO A POOL MUST MEET THEREQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTION 454.2.17.1.9SHEET INDEX:SP-1SITE PLANL-1EXISTING LANDSCAPE PLANL-2PROPOSED LANDSCAPE PLANL-3PROPOSED LANDSCAPE SCHEDULE/TREE ZONE DETAIL/ SHADE STUDYL-4LANDSCAPE SPECIFICATIONSIRRIGATION NOTE: ALL VEGETATION WILLBE IRRIGATED ACCORDING TO CODE ANDAN IRRIGATION PLAN WILL BE PROVIDEDAT THE TIME OF PERMITTING.1147 COMP A C T COMP A C T COMPACT COMPACT 5 15 6 8 5EMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLY 6 FH CODEBOTANICAL / COMMON NAMECONTCAL./DBHSIZESPREADNATIVECONDITIONQTYEXISTING PALMST321Roystonea elata / Existing RoyalEXISTING TO BE REMOVED9"22` OA12`YesPOOR1T338Sabal palmetto / Sabal PalmEXISTING TO BE REMOVEDEXISTING TO BE REMOVED11"16` OA7`YesFAIR1T337Sabal palmetto / Sabal PalmEXISTING TO BE REMOVEDEXISTING TO BE REMOVED11"17` OA7`YesFAIR1T336Sabal palmetto / Sabal PalmEXISTING TO BE REMOVEDEXISTING TO BE REMOVED11"18` OA7`YesFAIR1EXISTING TREEST335Delonix regia / Royal PoincianaEXISTING TO REMOVEDEXISTING TO BE REMOVED12"25`20`NoPOOR1T339Ficus spp. / Strangler FigEXISTING TO BE REMOVED36"35'30`NoPOOR1T323Quercus virginiana / OakEXISTING TO BE REMOVEDEXISTING TO BE REMOVED11"20`28'YesPOOR1T324Quercus virginiana / OakEXISTING TO BE REMOVEDEXISTING TO BE REMOVED12"25`30`YesPOOR1T325Swietenia mahogani / MahoganyEXISTING TO REMOVEDEXISTING TO BE REMOVED24"40`50`YesGOOD1PLANT SCHEDULE EXISTING LANDSCAPEMitigation SummaryCOUNTCANOPYTOTAL TREES TO BE REMOVED GOOD OR FAIR CONDITION= 24" CALIPER(6) 4" CAL TREES 1,200 SFTOTAL TREES REMOVED POOR CONDITION=4(1:1 REPLACEMENT) (4) 4" CAL TREES 800 SFTOTAL LARGE CANOPY PALMS REMOVED POOR CONDITION=1(1 ROYAL)(1) LARGE PALM 100 SFTOTAL SMALL CANOPY PALMS REMOVED (3 SABAL PALMS)(3) SMALL PALMS 180 SFTOTAL MITIGATION REQUIRED: 2,280 SFTOTAL MITIGATION PROVIDED:10 TREES, 4 PALMS 2,280 SFTOTAL MITIGATION DUE: 0 SFContractor shall secure all permits required for the work from any state or localThe Contractor shall be responsible for all changes to work, at no additional cost to Owner, and/or Owner shall bear no responsibility for work performed without permitted drawings.shall have permits "in hand" prior to starting work. The Landscape Architect departments, utility companies or jurisdiction affected by the work. The ContractorCAUTION: PLEASE NOTEas a result of unauthorized work prior to receipt of permit.THIS DRAWING HAS NOT BEEN REVIEWEDBY A STRUCTURAL ENGINEERVERIFY WITH STRUCTURAL ENGINEERPRIOR TO CONSTRUCTION©REFER TO VENDORS FOR ALL INSTALLATIONMATERIALS AND PROCEDURES/FOLLOW ALLMANUFACTURERS INSTALLATION INSTRUCTIONSPOOLS BARRIERS AND GATESALL POOL BARRIERS MUST MEET THE REQUIREMENTS OF 2023 F.B.C. 8TH EDITION,SECTIONS 454.2.17.1.1 THROUGH 454.2.17.1.7. ALL POOL GATES MUST MEET THEREQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTION 454.2.17.1.8. ALL DOORS ANDWINDOWS PROVIDING DIRECT ACCESS FROM A DWELLING TO A POOL MUST MEET THEREQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTION 454.2.17.1.9IRRIGATION NOTE: ALL VEGETATION WILLBE IRRIGATED ACCORDING TO CODE ANDAN IRRIGATION PLAN WILL BE PROVIDEDAT THE TIME OF PERMITTING.1148 COMP A C T COMP A C T COMPACT COMPACT 5 15 6 8 5EMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLY 6 FH COMP A C T COMP A C T COMPACT COMPACT 5 15 6 8 5EMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLY 6 FH 8'8'8'8'8'18'18'18'18'18'18'18'18'18'MMM18'18'18'9'9'18'18'18'18'18'18'18'18'18'Contractor shall secure all permits required for the work from any state or localThe Contractor shall be responsible for all changes to work, at no additional cost to Owner, and/or Owner shall bear no responsibility for work performed without permitted drawings.shall have permits "in hand" prior to starting work. The Landscape Architect departments, utility companies or jurisdiction affected by the work. The ContractorCAUTION: PLEASE NOTEas a result of unauthorized work prior to receipt of permit.THIS DRAWING HAS NOT BEEN REVIEWEDBY A STRUCTURAL ENGINEERVERIFY WITH STRUCTURAL ENGINEERPRIOR TO CONSTRUCTION©REFER TO VENDORS FOR ALL INSTALLATIONMATERIALS AND PROCEDURES/FOLLOW ALLMANUFACTURERS INSTALLATION INSTRUCTIONSPOOLS BARRIERS AND GATESALL POOL BARRIERS MUST MEET THE REQUIREMENTS OF 2023 F.B.C. 8TH EDITION,SECTIONS 454.2.17.1.1 THROUGH 454.2.17.1.7. ALL POOL GATES MUST MEET THEREQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTION 454.2.17.1.8. ALL DOORS ANDWINDOWS PROVIDING DIRECT ACCESS FROM A DWELLING TO A POOL MUST MEET THEREQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTION 454.2.17.1.9IRRIGATION NOTE: ALL VEGETATION WILLBE IRRIGATED ACCORDING TO CODE ANDAN IRRIGATION PLAN WILL BE PROVIDEDAT THE TIME OF PERMITTING.1149 CODE BOTANICAL / COMMON NAME CONT CAL./DBH SIZE SPREAD NATIVE CONDITION QTY TREES BAV Bulnesia Arborea / Verawood Full, dense canopy, straight unscarred trunks. B & B 4" Cal 16` OA 6`-7`8 CR Clusia Rosea / Pitch Apple Full intact leaves Submit photo to Landscape Architect for approval. Containerized 4"16` H 6`-7`Yes -6 CS-M Cordia sebestena / Orange Geiger Tree Full dense foliage, Standard 4" CAL. MIN., FOR MITIGATION Containerized 4" Cal 16` H 6`-7`Yes 2 ED-18 Elaeocarpus decipens / Japanese Blueberry Full, Dense, Symmetrical Foliage Standard form. 8' C.T. MIN. B & B 4" Cal 18` OA 6`-7`5 GS-6 Garcinia spicata / Sundrops Full Dense Foilage TO BASE B & B 6` OA 3`6 JCS-8 Juniperus chinensis `Spartan` / Spartan Juniper Full, Dense, Symmetrical Foliage To Base, No Voids Containerized 8` H 2`5 QV-M Quercus virginiana 'Sky Climber' / Southern Live Oak FOR MITIGATION B & B 4" Cal 20`15`7 QV-20 Quercus virginiana 'Sky Climber' / Southern Live Oak B & B 4" Cal 20`15`6 PALM TREES PDM-9 Phoenix dactylifera `Medjool` / Medjool Date Palm Classic Cut, Straight Trunk, Full Head, Heavy Caliper, AVAILABLE @ GROUNDWORKS #561-738-4880 B & B 9` CT 18`-22`2 VM-18 Veitchia montgomeryana / Montgomery Palm - Single Full Head, Straight, Unscarred Trunk, Intact Fronds, Single B & B 18` OA 21 VM-M Veitchia montgomeryana / Montgomery Palm - Single Full Head, Straight, Unscarred Trunk, Intact Fronds, Single. FOR MITIGATION B & B 18` OA 3 CODE BOTANICAL / COMMON NAME CONT HEIGHT SPREAD NATIVE QTY SHRUBS AI Alcantarea imperialis / Imperial Bromeliad Full Dense Pot, No Spots or Dammage To Leaves-Available from Bullis Bromeliads-Submit Photo 17" POT 32"36"1 CHS Chamaerops humilis cerifera Silver Select / Silver Select Mediterranean Fan Palm Full, multi stem, good color, Specimen size. Containerized 36"36"1 CG-3 Clusia guttifera / Small-Leaf Clusia Full Dense Foliage To Base Containerized 3`2`-3`176 CG-A Clusia guttifera / Small-Leaf Clusia Full Dense Foliage To Base. Shrubs for continuous buffer until adjacent site is built. Containerized 3`2`-3`58 PM-3 Podocarpus macrophyllus maki / Shrubby Yew Full dense foliage to base, sheer to 3` O.A. Containerized 3`2`48 PM-7 Podocarpus macrophyllus maki / Shrubby Yew Full dense foliage to base, SHEAR TO 6' OA Containerized 7`-8` OA 3`11 TOP-2 Topiary Globe / Topiary Globe Ilex vomitoria Topiary Globe. Sheared round globe, no voids, full to base, Submit Photo to Landscape Architect for approval Containerized 2`2`Yes 15 CODE BOTANICAL / COMMON NAME CONT HEIGHT SPREAD NATIVE SPACING QTY SHRUB AREAS ARA Arachis glabrata 'Ecoturf' / Perennial Peanut Full pots 1 gal 4"10"-12"14" o.c.1,091 B-MA Bougainvillea x `Ms. Alice` / Dwarf White Bougainvillea Containerized 18"18"24" o.c.31 FGI Ficus microcarpa `Green Island` / Green Island Ficus FULL DENSE FOLIAGE TO BASE 7 gal 16-18"16-18"16" o.c.245 IV Iris virginica / Blue Flag Iris Full dense clumps 3 Gal.18"18"24" o.c.49 IX-P Ixora `Dwarf Pink` / Dwarf Pink Ixora Full dense foliage to base, in bloom 3 Gal.24"24"18" o.c.63 PMD Podocarpus macrophyllus `Pringles` / Dwarf Podocarpus Full & Dense Shrub, Full to Base Containerized 14"12"14" o.c.245 TRV Trachelospermum asiaticum `Minima Variegated` / VariegatedSmall Leaf Confederate Jasmine Full dense, intact foliage to base. .NO YELLOW COLOR. WHITE AND GREEN ONLY. 3 Gal.12"12"8" o.c.528 TRJ Trachelospermum asiaticum `Minima` / Small Leaf Confederate Jasmine FILL DENSE INTACT FOLIAGE TO BASE 1 gal@ 12"12"8" o.c.1,376 TFD Tripsacum floridana / Dwarf Fakahatchee Grass full dense clump 3 gal@ 18"18"30" o.c.34 WA Wrightia antidysenterica / Asian Snow Bush Full, Dense Foliage To Base 3 gal@ 18"18"24" o.c.33 PLANT SCHEDULE PROPOSED LANDSCAPE MISC.BOTANICAL COMMON CONT BIO Bio-Barrier Root/Bio Barrier as Verify S.F. In Field required by Utilities MULCH Mulch `B` Grade Cypress Mulch Verify S.F. In Field SOD St. Augustine Stenotaphrum secondatum Verify S.F. In Field Mitigation Summary COUNT CANOPY TOTAL TREES TO BE REMOVED GOOD OR FAIR CONDITION= 24" CALIPER (6) 4" CAL TREES 1,200 SF TOTAL TREES REMOVED POOR CONDITION=4(1:1 REPLACEMENT) (4) 4" CAL TREES 800 SF TOTAL LARGE CANOPY PALMS REMOVED POOR CONDITION=1(1 ROYAL)(1) LARGE PALM 100 SF TOTAL SMALL CANOPY PALMS REMOVED (3 SABAL PALMS)(3) SMALL PALMS 180 SF TOTAL MITIGATION REQUIRED: 2,280 SF TOTAL MITIGATION PROVIDED:10 TREES, 4 PALMS 2,280 SF TOTAL MITIGATION DUE: 0 SF ZONE DISTRICT: GC Gross Land: 29,383(s.f.) Landscape Pervious: 4,712(s.f.-16%) LANDSCAPE LEGEND REQ. 12 TREES PROV. Mitigation Trees 10 Trees/ 4 Palms TOTAL NUMBER OF TREES ( SMALL PALMS COUNT 3:1, LARGE 1:1)40 5' TO 12' PERIMETER BUFFER: 1 TREE PER 30 LF. 435LF / 30 = 15 TREES REQ. 9 TREES1 TREE PER ISLAND: 100% SHRUBS EVERY PLANTER ISLAND 100% 15 TREES 50% PALMS ALLOWED 20 (50%) 44 20 (50%) 100% 9 TREES 20 TREES 12 TREES (10 Trees, 1 Large Palm, 3 small Palms Note: *Required along the perimeter of off-street parking lots where parking areas are not separated from side interior or rear property lines by an intervening building or structure, in order to provide a visual screen of at least three (3) feet in height, comprised of trees, and shrubs. 1. Minimum buffer width of five (5) feet; 2. One (1) tree spaced every thirty (30) linear feet on center; 3. Shrubs planted tip-to-tip to provide a continuous hedge three (3) feet in height; and 5' TO 12' PERIMETER BUFFER: (1)-3'ht. shrub per 2 LF. 435 LF / 2 = 218 Shrubs Req.218 218 STREET TREES: 1 PER 25' O.C. (100 L.F.)4 TREES 3 TREES/ 1 DATE PALM Contractor shall secure all permits required for the work from any state or local The Contractor shall be responsible for all changes to work, at no additional cost to Owner, and/or Owner shall bear no responsibility for work performed without permitted drawings. shall have permits "in hand" prior to starting work. The Landscape Architect departments, utility companies or jurisdiction affected by the work. The Contractor CAUTION: PLEASE NOTE as a result of unauthorized work prior to receipt of permit. THIS DRAWING HAS NOT BEEN REVIEWED BY A STRUCTURAL ENGINEER VERIFY WITH STRUCTURAL ENGINEER PRIOR TO CONSTRUCTION © REFER TO VENDORS FOR ALL INSTALLATION MATERIALS AND PROCEDURES/FOLLOW ALL MANUFACTURERS INSTALLATION INSTRUCTIONS POOLS BARRIERS AND GATES ALL POOL BARRIERS MUST MEET THE REQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTIONS 454.2.17.1.1 THROUGH 454.2.17.1.7. ALL POOL GATES MUST MEET THE REQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTION 454.2.17.1.8. ALL DOORS AND WINDOWS PROVIDING DIRECT ACCESS FROM A DWELLING TO A POOL MUST MEET THE REQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTION 454.2.17.1.9 IRRIGATION NOTE: ALL VEGETATION WILL BE IRRIGATED ACCORDING TO CODE AND AN IRRIGATION PLAN WILL BE PROVIDED AT THE TIME OF PERMITTING. 1150 ©Contractor shall secure all permits required for the work from any state or localThe Contractor shall be responsible for all changes to work, at no additional cost to Owner, and/or Owner shall bear no responsibility for work performed without permitted drawings.shall have permits "in hand" prior to starting work. The Landscape Architect departments, utility companies or jurisdiction affected by the work. The ContractorCAUTION: PLEASE NOTEas a result of unauthorized work prior to receipt of permit.NOTE:TEST AND AMEND ALL SOILS ASNEEDED FOR OPTIMUM PLANT HEALTHIRRIGATION NOTE: ALL VEGETATION WILLBE IRRIGATED ACCORDING TO CODE ANDAN IRRIGATION PLAN WILL BE PROVIDEDAT THE TIME OF PERMITTING.1151 J.NHOJPROFE SSIONALEN GINEER YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been electronically signed and sealed by John J. Haley, P.E. onusing a Digital Signature.Printed copies of this document are not considered signed and sealed and the signaturemust be verified on any electronic copies.7-18-20191152 REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHOJPROFE SSIONALEN GINEER YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent tosealPrinted copies of this document are not considered signed and sealed and the signaturemust be verified on any electronic copies.1153 6' HIGHWOOD FENCE5'-0" L.B.ADDITIONALRIGHT-OF-WAYWEST LINE OFLOTS AS PLATTEDPHASE IIFUTURE(NOT IN SCOPE)LINE OF LOTSPLIT (TYPICAL)COMPACTCOMPACTCOMPACTCOMPACTRESTAURANT4,733 SF(FIN FLR @ 9.5 NAVD)OUTDOOR478 SFLIFTSTATIONOPEN OUTDOOR512 SFTRANSFORMERLANE DIVIDER TO BEAPPROVED BY FDOTSTOP BARSTOP BARSTOPSIGNFUTURE CONNECTION.NO TREES IN THIS AREA BUTCONTINUOUS HEDGE TO BE INSTALLED.25' SIGHT TRIANGLEEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLY6EMPLOYEEONLYLANDSCAPEISLAND 130 SF65156' HIGHCMU BUFFERWALL85LOADINGEXIST 6' HIGHWALLPARKING LOTLIGHT FIXTURE(TYP.)5' LANDSCAPEBUFFERDUMPSTERFUTURE CONNECTION.NO TREES IN THIS AREABUT CONTINUOUS HEDGETO BE INSTALLED.ACCESSGATEREVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHOJPROFE SSIONALEN GINEE R YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent tosealPrinted copies of this document are not considered signed and sealed and the signaturemust be verified on any electronic copies.1154 WEST LINE OFLOTS AS PLATTEDLINE OF LOTSPLIT (TYPICAL)COMPACTCOMPACTCOMPACTCOMPACT179.24'268.08'84.5'8.0'148.25'RESTAURANT4,733 SF(FIN FLR @ 9.5 NAVD)OUTDOOR478 SFLIFTSTATIONOPEN OUTDOOR512 SFTRANSFORMER149.0'FUTURE CONNECTION.NO TREES IN THIS AREA BUTCONTINUOUS HEDGE TO BE INSTALLED.665156' HIGHCMU BUFFERWALL85LOADING ZONEEXIST 6' HIGHWALLPARKING LOTLIGHT FIXTURE(TYP.)5' LANDSCAPEBUFFERDUMPSTERFUTURE CONNECTION.ACCESSGATE165.87'EX. 6' HIGHWOOD FENCE18'18'18'18'18'18'18'MMM18'18'9'9'18'18'18'18'18'18'REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHOJ PROF E SSION A L E NGINEERY E LAH STATE OF ROL I D AF ECI N SEL No. 40023 This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent to seal Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. 1155 WEST LINE OFLOTS AS PLATTEDUNIT 1LINE OF LOTSPLIT (TYPICAL)COMPACTCOMPACTCOMPACTCOMPACT179.24'268.08'84.5'8.0'148.25'RESTAURANT4,733 SF(FIN FLR @ 9.5 NAVD)OUTDOOR478 SFLIFTSTATIONOPEN OUTDOOR512 SFTRANSFORMER149.0'FUTURE CONNECTION.NO TREES IN THIS AREA BUTCONTINUOUS HEDGE TO BE INSTALLED.6' HIGHCMU BUFFERWALLLOADING ZONEEXIST 6' HIGHWALLPARKING LOTLIGHT FIXTURE(TYP.)5' LANDSCAPEBUFFERDUMPSTERFUTURE CONNECTION.NO TREES IN THIS AREABUT CONTINUOUS HEDGETO BE INSTALLED.ACCESSGATE165.87'EX. 6' HIGHWOOD FENCE18'18'18'18'18'18'18'MMM18'18'9'9'18'18'18'18'18'18'………………………………””” ””REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHOJ PROF E SSION A L E NGINEERY E LAH STATE OF ROL I D AF ECI N SEL No. 40023 This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent to seal Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. 1156 WEST LINE OFLOTS AS PLATTEDLINE OF LOTSPLIT (TYPICAL)COMPACTCOMPACTCOMPACTCOMPACT179.24'268.08'84.5'8.0'148.25'RESTAURANT4,733 SF(FIN FLR @ 9.5 NAVD)OUTDOOR478 SFLIFTSTATIONOPEN OUTDOOR512 SFTRANSFORMER149.0'FUTURE CONNECTION.NO TREES IN THIS AREA BUTCONTINUOUS HEDGE TO BE INSTALLED.6651585LOADINGEXIST 6' HIGHWALLPARKING LOTLIGHT FIXTURE(TYP.)5' LANDSCAPEBUFFERDUMPSTER165.87'REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHOJ PROF E SSION A L E NGINEERY E LAH STATE OF ROL I D AF ECI N SEL No. 40023 This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent to seal Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. 1157 6' HIGHWOOD FENCEADDITIONALRIGHT-OF-WAYWEST LINE OFLOTS AS PLATTEDLINE OF LOTSPLIT (TYPICAL)COMPACTCOMPACTCOMPACTCOMPACTRESTAURANT4,733 SF(FIN FLR @ 9.5 NAVD)OUTDOOR478 SFLIFTSTATIONOPEN OUTDOOR512 SFTRANSFORMERLANE DIVIDER TO BEAPPROVED BY FDOTSTOP BARSTOP BARSTOPSIGNFUTURE CONNECTION.NO TREES IN THIS AREA BUTCONTINUOUS HEDGE TO BE INSTALLED.25' SIGHT TRIANGLEEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLY6EMPLOYEEONLYLANDSCAPEISLAND 130 SF65156' HIGHCMU BUFFERWALL85LOADINGEXIST 6' HIGHWALLPARKING LOTLIGHT FIXTURE(TYP.)5' LANDSCAPEBUFFERDUMPSTERFUTURE CONNECTION.NO TREES IN THIS AREABUT CONTINUOUS HEDGETO BE INSTALLED.ACCESSGATEPHASE IIFUTURE DEVELOPMENT(NOT IS SCOPE)6' HIGHWOOD FENCEADDITIONALRIGHT-OF-WAYWEST LINE OFLOTS AS PLATTEDPHASE IIFUTURE DEVELOPMENT(NOT IN SCOPE)LINE OF LOTSPLIT (TYPICAL)COMPACTCOMPACTCOMPACTCOMPACTRESTAURANT4,733 SF(FIN FLR @ 9.5 NAVD)OUTDOOR478 SFLIFTSTATIONOPEN OUTDOOR512 SFTRANSFORMERLANE DIVIDER TO BEAPPROVED BY FDOTSTOP BARSTOP BARSTOPSIGN25' SIGHT TRIANGLEEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLY6EMPLOYEEONLYLANDSCAPEISLAND 130 SF65156' HIGHCMU BUFFERWALL85LOADINGEXIST 6' HIGHWALLPARKING LOTLIGHT FIXTURE(TYP.)5' LANDSCAPEBUFFERDUMPSTERFUTURE CONNECTION.NO TREES IN THIS AREABUT CONTINUOUS HEDGE& BOLLARDS TO BE INSTALLED.ACCESSGATEFUTURE CONNECTION.NO TREES IN THIS AREABUT CONTINUOUS HEDGE& BOLLARDS TO BE INSTALLED.STATE OFROLIDAFECINSELThis item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent tosealPrinted copies of this document are not considered signed and sealed and the signaturemust be verified on any electronic copies.1158 1159 ADDITIONALRIGHT-OF-WAYWEST LINE OFLOTS AS PLATTEDCOMPACTCOMPACTCOMPACTCOMPACT179.24'268.08'84.5'8.0'148.25'RESTAURANT4,733 SF(FIN FLR @ 9.5 NAVD)OUTDOOR478 SFLIFTSTATIONOPEN OUTDOOR512 SFTRANSFORMER149.0'665156' HIGHCMU BUFFERWALL85LOADINGEXIST 6' HIGHWALL5' LANDSCAPEBUFFERDUMPSTERACCESSGATE165.87'6' HIGHWOOD FENCEREVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHO JPROF ESSIONALEN GINEE R YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent tosealPrinted copies of this document are not considered signed and sealed and the signaturemust be verified on any electronic copies.1160 REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHO JPROF ESSIONALEN GINEE R YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent tosealPrinted copies of this document are not considered signed and sealed and the signaturemust be verified on any electronic copies.1161 REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHO JPROF ESSIONALEN GINEE R YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been digitally signed and sealed by John J. Haley, P.E. onusing a SHA authentication code.Printed copies of this document are not considered signed and sealed and the SHAauthentication code must be verified on any electronic copies.1162 WATERWATERMETERDFWB40WBC-14-1T 63DREVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHOJPROFE SSIONALEN G INEE R YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been digitally signed and sealed by John J. Haley, P.E. onusing a SHA authentication code.Printed copies of this document are not considered signed and sealed and the SHAauthentication code must be verified on any electronic copies.1163 ···REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHO JPROF ESSIONALEN G INEE R YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been digitally signed and sealed by John J. Haley, P.E. onusing a SHA authentication code.Printed copies of this document are not considered signed and sealed and the SHAauthentication code must be verified on any electronic copies.1164 REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHO JPROF ESSIONALEN GINEE R YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent tosealPrinted copies of this document are not considered signed and sealed and the signaturemust be verified on any electronic copies.1165 UNIT 1PHASE IIFUTURELINE OF LOTSPLIT (TYPICAL)COMPACTCOMPACTCOMPACTCOMPACT179.24'268.08'84.5'8.0'148.25'RESTAURANT4,733 SF(FIN FLR @ 9.5 NAVD)OUTDOOR478 SFLIFTSTATIONOPEN OUTDOOR512 SFTRANSFORMER149.0'FUTURE CONNECTION.NO TREES IN THIS AREA BUTCONTINUOUS HEDGE TO BE INSTALLED.6' HIGHCMU BUFFERWALLLOADING ZONEEXIST 6' HIGHWALLPARKING LOTLIGHT FIXTURE(TYP.)5' LANDSCAPEBUFFERDUMPSTERFUTURE CONNECTION.NO TREES IN THIS AREABUT CONTINUOUS HEDGETO BE INSTALLED.ACCESSGATE165.87'EX. 6' HIGHWOOD FENCE18'18'18'18'18'18'18'MMM18'18'9'9'18'18'18'18'18'18'REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHOJ PROF E SSION A L E NGINEERYELAH STATE OF ROL I D AF ECI N SEL No. 40023 This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent to seal Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. 1166 STATE OFڬڬڬNo.P R O FESSIONALENGINEERBONNIE S. MCLEODFLORIDA70797LICENSEThis item has been digitally signed and sealed by Bonnie S. McLeod, PE on the date adjacent to the seal. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. Date: 09/22/20251167 COMPACTCOMPACTCOMPACTCOMPACTEMPLOYEE ONLY EMPLOYEE ONLY EMPLOYEE ONLY EMPLOYEE ONLY N. FEDERAL HIGHWAYRESTAURANT 4,733 SFOUTDOOR SEATING AREA478 SF DUMPSTEROPENOUTDOOR512 SFFP&LLIFTSTATIONUSEHOUSESHIELDSAMH: 20SAMH: 20SAMH: 20SBMH: 20SAMH: 20SAMH: 20SAMH: 201.7 2.7 4.01.9 3.85.53.84.43.0 3.82.7 3.12.5 3.13.7 3.1 2.2 1.9 1.82.8 4.04.95.53.5 2.3 1.8 1.7 1.8 2.2 3.44.71.5 2.1 3.7 5.8 4.9 3.5 2.3 1.9 1.7 1.8 2.1 3.2 4.64.40.72.5 3.74.44.3 4.0 3.0 2.5 2.2 1.9 1.9 2.1 2.6 3.4 3.1 0.54.25.5 4.73.5 3.0 2.8 2.8 2.7 2.4 2.4 2.4 2.6 2.7 2.2 0.54.7 5.5 4.53.2 2.9 2.9 3.2 3.4 3.2 3.1 3.0 2.8 2.5 2.0 0.53.54.43.5 3.0 2.8 3.1 3.6 5.2 4.0 3.5 3.1 2.8 2.5 2.0 0.52.1 2.8 2.7 2.6 2.8 3.3 3.7 4.8 3.7 3.2 2.7 2.5 2.5 2.2 0.51.5 2.1 2.3 2.5 2.7 3.0 3.2 3.4 3.3 2.9 2.6 2.5 3.0 3.1 0.61.8 2.1 2.4 2.7 2.7 3.0 3.1 2.8 2.7 2.9 4.24.71.01.6 2.0 2.4 2.7 3.2 3.2 3.0 2.9 3.34.75.1 1.41.1 1.6 2.3 3.34.54.8 3.8 3.1 3.3 4.34.71.02.8 4.9 5.1 4.3 3.3 3.0 3.2 3.0 0.62.9 2.9 2.7 2.4 1.91.6 1.34.85.94.64.13.63.84.04.7SymbolQtyLabelArrangementDescriptionLLFLuminaireLumensLuminaireWattsTotalWatts6SASingleXtra Light VNTS-15000L-40K-DIM-4M-N-XX-XX-HSS0.900103661096541SBSingleXtra Light VNTS-15000L-40K-DIM-5S-N-XX-XX0.90015887109109MOUNT20'20'LUMINAIRE SCHEDULELabelCalcTypeUnitsAvgMaxMinAvg/MinMax/MinParking LotIlluminanceFc2.965.80.55.9211.60Property LineIlluminanceFc0.080.30.0N.A.N.A.CALCULATION SUMMARYAREA OF WORKSITE PLAN PHOTOMETRICSCALE: 1/16" = 1'-0"0.20.30.30.20.10.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.10.10.10.10.20.30.20.20.20.20.10.10.10.10.10.10.10.10.10.10.10.20.20.20.30.30.30.20.20.10.00.00.00.10.10.10.10.20.20.20.10.10.10.10.20.20.20.2PHASE II FUTUREDEVELOPMENTDATESHEET #04-25-2025ENGINEER OF RECORDREVISIONSHEET TITLESEALPROJECTWHEN PLOTTED FULL SIZE THIS SHEET MEASURES 24"x36"AS NOTEDSCALE | PLT SCALEDIRECTION September 17, 2025OLGA B. PINO P.E. No. 62947DATE PLOTTED: Sep 17, 2025 - 3:26pm FILENAME: ES-100 - SITE PLAN PHOTOMETRIC.dwg Person Plotting wdelbTHESE DRAWINGS AND INFORMATION CONTAINED HEREIN ARE COPYRIGHT BY designONE, INC. THIS SET OF DRAWINGS IS GIVEN IN CONFIDENCE. NO USE OR DISSEMINATION MAY BE MADE WITHOUT PRIOR WRITTEN CONSENT OF designONE, INC. ALL COMMON LAW RIGHTS OF COPYRIGHT AND OTHERWISE ARE HEREBY SPECIFICALLY RESERVED. USE OF THESE PLANS & ANY SPECIFICATIONS ARE BE RESTRICTED TO THE ORIGINAL SCOPE AND SITE FOR WHICH THEY WERE PREPARED . RE-USE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN WHOLE OR IN PART, IS STRICTLY PROHIBITED. TITLE TO THE PLAN & SPECIFICATIONS REMAINS WITH designONE, INC.COPYRIGHT © 2025ISSUE FOR PERMITPROJECT No.25003THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYOLGA B. PINO, PE ON THE DATE SHOWN UNDER THE SEALUSING A DIGITAL SIGNATURE CERTIFICATED ISSUED BYidenTrust.PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDEREDSIGNED AND SEALED AND THE SHA AUTHORIZATION CODEMUST BE VERIFIED ON ANY ELECTRONIC COPIES.14310 SW 8TH ST. SUITE 2558 MIAMI, FLORIDA 33186 AND CAPE CORAL, FLORIDA 33909 P: 305-345-0066 WILLIAM DEL BUSTO E: WDELBUSTO@D1CE.NET3047 N FEDERAL HIGHWAY BOYNTON BEACH, FLES-100SITE PLAN PHOTOMETRIC1168 FIXTURE SPECIFICATIONS AND DETAILSSCALE: 1/16" = 1'-0"DATESHEET #04-25-2025ENGINEER OF RECORDREVISIONSHEET TITLESEALPROJECTWHEN PLOTTED FULL SIZE THIS SHEET MEASURES 24"x36"AS NOTEDSCALE | PLT SCALEDIRECTION April 23, 2025OLGA B. PINO P.E. No. 62947DATE PLOTTED: Apr 23, 2025 - 5:05pm FILENAME: ES-200 - FIXTURE SPECS & DETAILS.dwg Person Plotting wdelbTHESE DRAWINGS AND INFORMATION CONTAINED HEREIN ARE COPYRIGHT BY designONE, INC. THIS SET OF DRAWINGS IS GIVEN IN CONFIDENCE. NO USE OR DISSEMINATION MAY BE MADE WITHOUT PRIOR WRITTEN CONSENT OF designONE, INC. ALL COMMON LAW RIGHTS OF COPYRIGHT AND OTHERWISE ARE HEREBY SPECIFICALLY RESERVED. USE OF THESE PLANS & ANY SPECIFICATIONS ARE BE RESTRICTED TO THE ORIGINAL SCOPE AND SITE FOR WHICH THEY WERE PREPARED . RE-USE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN WHOLE OR IN PART, IS STRICTLY PROHIBITED. TITLE TO THE PLAN & SPECIFICATIONS REMAINS WITH designONE, INC.COPYRIGHT © 2025ISSUE FOR PERMITPROJECT No.25003THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYOLGA B. PINO, PE ON THE DATE SHOWN UNDER THE SEALUSING A DIGITAL SIGNATURE CERTIFICATED ISSUED BYidenTrust.PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDEREDSIGNED AND SEALED AND THE SHA AUTHORIZATION CODEMUST BE VERIFIED ON ANY ELECTRONIC COPIES.14310 SW 8TH ST. SUITE 2558 MIAMI, FLORIDA 33186 AND CAPE CORAL, FLORIDA 33909 P: 305-345-0066 WILLIAM DEL BUSTO E: WDELBUSTO@D1CE.NET3047 N FEDERAL HIGHWAY BOYNTON BEACH, FLES-200FIXTURE SPECIFICATIONSAND DETAILS1169 FIXTURE SPECIFICATIONS AND DETAILSSCALE: 1/16" = 1'-0"DATESHEET #04-25-2025ENGINEER OF RECORDREVISIONSHEET TITLESEALPROJECTWHEN PLOTTED FULL SIZE THIS SHEET MEASURES 24"x36"AS NOTEDSCALE | PLT SCALEDIRECTION April 23, 2025OLGA B. PINO P.E. No. 62947DATE PLOTTED: Apr 23, 2025 - 5:09pm FILENAME: ES-201 - FIXTURE SPECS & DETAILS.dwg Person Plotting wdelbTHESE DRAWINGS AND INFORMATION CONTAINED HEREIN ARE COPYRIGHT BY designONE, INC. THIS SET OF DRAWINGS IS GIVEN IN CONFIDENCE. NO USE OR DISSEMINATION MAY BE MADE WITHOUT PRIOR WRITTEN CONSENT OF designONE, INC. ALL COMMON LAW RIGHTS OF COPYRIGHT AND OTHERWISE ARE HEREBY SPECIFICALLY RESERVED. USE OF THESE PLANS & ANY SPECIFICATIONS ARE BE RESTRICTED TO THE ORIGINAL SCOPE AND SITE FOR WHICH THEY WERE PREPARED . RE-USE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN WHOLE OR IN PART, IS STRICTLY PROHIBITED. TITLE TO THE PLAN & SPECIFICATIONS REMAINS WITH designONE, INC.COPYRIGHT © 2025ISSUE FOR PERMITPROJECT No.25003THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYOLGA B. PINO, PE ON THE DATE SHOWN UNDER THE SEALUSING A DIGITAL SIGNATURE CERTIFICATED ISSUED BYidenTrust.PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDEREDSIGNED AND SEALED AND THE SHA AUTHORIZATION CODEMUST BE VERIFIED ON ANY ELECTRONIC COPIES.14310 SW 8TH ST. SUITE 2558 MIAMI, FLORIDA 33186 AND CAPE CORAL, FLORIDA 33909 P: 305-345-0066 WILLIAM DEL BUSTO E: WDELBUSTO@D1CE.NET3047 N FEDERAL HIGHWAY BOYNTON BEACH, FLES-201FIXTURE SPECIFICATIONSAND DETAILS1170 EXHIBIT “D” Conditions of Approval Project Name: Josie’s Restaurant, New Major Site Plan Case number: NWSP-2025.05.3470 Reference: (Tabled) January 20, 2026, Commission Meeting February 3, 2026, Commission Meeting DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / UTILITIES Utilities: 1. To establish comprehensive water main looping, one of the proposed water main branches shall connect to the existing 8-inch water main located on the west side of N. Federal Hwy. This comment must be addressed during the CSIT submittal. X Engineering: 2. At the time the Engineer of Record submits plans for a Land Development Permit (LDP), an in-depth review will take place. The plans shall comply with all Land Development Regulations, the Engineering Design Handbook and Construction Standards (EDHCS), and all other applicable standards and requirements set forth by the city or other public entities with jurisdiction. X 3. Permits required from other permitting agencies, such as the Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM), and any others, shall be required prior to issuance of a Land Development Permit. X 4. Full drainage plans, including drainage calculations, in accordance with the 2010 LDR, Chapter 4, Article VIII, Section 3.G., will be required at the time of permitting. X 5. All traffic signing and pavement marking shall comply with the U.S. Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices. X 6. All catch basin and manhole covers shall be bicycle-proof per the 2010 LDR, Chapter 4, Article VIII, Section 3. G.b. and Engineering Design Manual Chapter 5, Paragraph D.1.b. X 7. Prior to permit application, contact the Public Works Department (561-742-6200) regarding the removal of refuse during the construction phase per the CODE, Section 10-26(a). X 1171 Josie’s Restaurant, New Major Site Plan (NWSP-2025.05.3470) Conditions of Approval Page 2 of 4 DEPARTMENTS INCLUDE REJECT 8. Prior to the issuance of any permits, an addressing plan in accordance with 2010 LDR Ch. 4, Art. VIII. Sec.3.C.e. shall be submitted for approval. X 9. In accordance with the 2010 LDR Ch. 4. Art. VIII. Sec. 3. B, utilities, including but not limited to power and light, telephone, telegraph, water, sewer, cable television, wiring to streetlights, and gas, shall be installed underground in accordance with the current Engineering Design Handbook and Construction Standards. Easements shall be coordinated with requesting utility authorities and shall be provided as prescribed by these Regulations for the installation of underground utilities or relocating existing facilities in conformance with the respective utility authority’s rules and regulations. The developer shall make the necessary cost and other arrangements for such underground installations with each person, firm, or corporation furnishing utility service involved. Utilities shall be constructed in easements as prescribed by these Regulations. X 10. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone, and cable) can be accommodated as shown on the composite Utility Plan. The Composite Utility Plan shall ensure that physical features do not conflict with each other and existing or proposed utility services. The Composite Utility Plan was provided with signatures from all utility companies except for AT&T. At the time of LDP submission, the Composite Utility Plan must be signed by a representative from all utility providers. X 11. Island at the driveway entrance to have mountable curbs to improve truck access to the site. X 12. Dead-end signs to be mounted on breakaway posts at both drive aisles that dead-end adjacent to the property to the south. This will be acceptable as a temporary measure before future development occurs. Should a Land Development Permit not be submitted within 2 years of this approval for the parcel to the south, or a Certificate of Occupancy not be issued within 3 years of this approval for the parcel to the south, the developer/property owner will be required to install concrete curbing at these locations. X PLANNING AND ZONING Comments: 1172 Josie’s Restaurant, New Major Site Plan (NWSP-2025.05.3470) Conditions of Approval Page 3 of 4 DEPARTMENTS INCLUDE REJECT 13. Prior to issuance of any building permits, the applicant shall obtain approval and recordation of a Replat creating separate legal parcels for the proposed restaurant site and the remaining vacant portion of the property, consistent with the approved plans. X 14. The previously recorded Unity of Title shall be formally released and recorded in the Official Records of Palm Beach County prior to recordation of the replat. X 15. Issuance of building permit shall be contingent upon final approval and adoption of the companion Future Land Use Map Amendment (FLUM-2025.05.3470), Rezoning (REZN-2025.05.3470) applications, and Release of Unity of Title (REUT-2025.11.7257) X 16. Landscaping and buffering shall be installed in accordance with the approved landscape plans and Urban Commercial Overlay District standards prior to issuance of a Certificate of Occupancy. X 17. Please be aware that all proposed signage requires a Sign Permit prior to installation. All signs must be designed to follow the Boynton Beach Promenade Master Sign Program and City Code Part III, Chapter 4, Article IV, Sign Standards. X 18. Pursuant to City Land Development Regulations (LDR) Park III, Chapter 4, Article XIV, the applicant is required to participate in the Art in Public Places program. X 19. At such time as the properties adjacent to the restaurant parcel are developed or redeveloped and brought into compliance with the Pedestrian Zone requirements, the restaurant parcel shall also be required to bring its frontage along N Federal Highway into compliance with the Pedestrian Zone standards to ensure a consistent streetscape. X 20. The parcel designated for future development at the south shall be maintained in a stabilized condition at all times. The parcel shall be sodded with drought-tolerant grass or Florida-friendly landscape materials and irrigated within thirty (30) days following any clearing, grubbing, grading, excavation, or filling activity, or prior to the issuance of the Certificate of Occupancy for the restaurant building, whichever occurs first, unless construction for the future development has commenced. All stabilization shall comply with City Code Part III, Chapter 4, Article I, Section 4.E. Where additional site work is ongoing, appropriate erosion and sediment control measures shall be immediately implemented. X 1173 Josie’s Restaurant, New Major Site Plan (NWSP-2025.05.3470) Conditions of Approval Page 4 of 4 DEPARTMENTS INCLUDE REJECT POLICE 21. The applicant must arrange the restaurant and outdoor dining areas to provide clear sightlines to parking areas, entrances, and sidewalks. X 22. The applicant must install bright, well-placed LED lighting in parking lots, walkways, and entrances to eliminate dark spots. X 23. The applicant must maintain landscaping with shrubs under 3 feet and thin tree canopies above 6 feet to preserve visibility. X 24. The applicant must install a security camera system covering parking areas, building entrances and exits, and dumpster/service areas. X 25. The applicant must display visible signage indicating that video surveillance is in use to deter potential criminal activity. X 26. Security measures at the construction site should include a fenced staging area to store equipment and park machinery. X FIRE 27. The building(s) must be equipped with a fire sprinkler and fire alarm system. NFPA 101- 12.3.5.1,12.3.4. X 1174 City of Boynton Beach Agenda Item Request Form 10.A Regular Agenda 01/20/2026 Meeting Date: 01/20/2026 Proposed Resolution No. R26-011- Approval of Bamboo Lane Enclave Annexation Interlocal Agreement. Requested Action: Staff recommends approval of Proposed Resolution No. R26-011. Explanation of Request: Approve a Resolution authorizing the execution of an interlocal agreement between the City of Boynton Beach and Palm Beach County for the annexation of an enclave totaling approximately 4.61 acres generally located at Bamboo Lane. The approval of an enclave annexation interlocal agreement between the City of Boynton Beach and Palm Beach County will allow for the annexation of this area pursuant to Florida Statute. How will this affect city programs or services? See the Bamboo Lane Fiscal Assessment attachment. Account Line Item and Description: N/A Fiscal Impact: See the Bamboo Lane Fiscal Assessment attachment. Attachments: R26-011 Agenda_Item_XXXX-2026_- _Resolution_for_Bamboo_Lane_Interlocal_Annexation.docx Bamboo Lane Interlocal Agreement.docx Enclave Interlocal Agreement Staff Report.doc Location Map.jpg Palm Beach County Response - Bamboo Lane Enclave.pdf Bamboo Lane Annexation Fiscal Assessment.pdf 1175 RESOLUTION NO. R26-011 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL 2 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH 3 COUNTY, PURSUANT TO SECTION 171.046, FLORIDA STATUTES, 4 PROVIDING FOR THE ANNEXATION OF A PORTION OF AN ENCLAVE 5 TOTALING APPROXIMATELY 4.61 ACRES GENERALLY LOCATED AT 6 BAMBOO LANE AND VICINITY; PROVIDING FOR TRANSMITTAL TO THE 7 PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS FOR 8 SUBSEQUENT ACTION; PROVIDING FOR AN EFFECTIVE DATE; AND FOR 9 ALL OTHER PURPOSES. 10 11 WHEREAS, section 163.01, Florida Statutes, known as the “Florida Interlocal Cooperation 12 Act of 1969” authorizes local governments to make the most efficient use of their powers by 13 enabling them to cooperate with other localities on a basis of mutual advantage, and to thereby 14 provide services and facilities which will harmonize geographic, economic, population, and other 15 factors influencing the needs and development of local communities; and 16 WHEREAS, the Florida Interlocal Cooperation Act of 1969 permits public agencies to 17 enter into interlocal agreements with each other to jointly exercise any power, privilege, or 18 authority which such agencies share in common and which each might exercise separately; and 19 WHEREAS, section 171.046, Florida Statutes, provides for annexation of certain enclaves 20 into a municipality by entering into an Interlocal Agreement between the municipality and the 21 county having jurisdiction over such enclaves; and 22 WHEREAS, section 171.046, Florida Statutes, limits annexation by Interlocal Agreement 23 to enclaves of one hundred and ten (110) acres or less in size; and 24 WHEREAS, section 171.031(5)(a) and (b), Florida Statutes, defines enclaves as developed 25 or improved property enclosed within and bounded on all sides by a single municipality, or 26 enclosed within and bounded by a single municipality and a natural or manmade obstacle that 27 allows passage of vehicular traffic to that unincorporated area only through the municipality; 28 and 29 WHEREAS, it has been determined that the parcels to be annexed via this Interlocal 30 Agreement, commonly known as Bamboo Lane, meet the requirements set out in sections 31 171.031(5)(a) and (b) and 171.046, Florida Statutes, as such enclave is developed or is improved, 32 1176 RESOLUTION NO. R26-011 is one hundred and ten (110) acres or less in size, and is completely surrounded by the City or is 33 surrounded by the City and a natural or manmade obstacle that allows passage of vehicular 34 traffic to the enclave only through the City; and 35 WHEREAS, the enclave identified for annexation in this Interlocal Agreement is 36 consistent with Objective 8.4 and Policies 8.4.1 through 8.4.6 of the Intergovernmental 37 Coordination Element of the City’s Comprehensive Plan, which encourage the annexation of 38 enclaves and coordination with Palm Beach County regarding the prevention of undesirable land 39 configurations adjacent to corporate limits; and 40 WHEREAS, the County and the City have determined that it is appropriate for the 41 efficient provision of governmental services for the City to annex the enclave; and 42 WHEREAS, the City Commission of the City of Boynton Beach finds that the proposed 43 annexation of the subject enclave is in the best interest of the citizens of the City of Boynton 44 Beach and is in accordance with state and local law. 45 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 46 BEACH, FLORIDA, THAT: 47 SECTION 1. The foregoing “Whereas” clauses are hereby ratified and confirmed as 48 being true and correct and are hereby made a specific part of this Resolution upon adoption 49 hereof. 50 SECTION 2. The City Commission of the City of Boynton Beach hereby approves the 51 Interlocal Agreement with Palm Beach County for the annexation of an enclave commonly 52 known as Bamboo Lane totaling approximately 4.61 acres, and authorizes the Mayor to execute 53 the Interlocal Agreement attached hereto as Exhibit A and incorporated herein by reference, on 54 behalf of the City of Boynton Beach and to do all things necessary to effectuate the terms of the 55 Agreement. The City Manager and City Attorney are hereby authorized to make any non-56 substantive changes to the Interlocal Agreement necessary to effectuate the terms authorized 57 herein. 58 SECTION 3. Upon execution of the Interlocal Agreement, the City Clerk is hereby 59 directed and authorized to take all actions necessary to transmit the Agreement to Palm Beach 60 County for the County’s consideration and execution. The City Clerk shall prepare and transmit 61 1177 RESOLUTION NO. R26-011 two (2) original executed copies of the Interlocal Agreement to the Palm Beach County Board of 62 County Commissioners, together with a formal transmittal letter to the Clerk of the Palm Beach 63 County Board of County Commissioners identifying the nature of the Agreement and requesting 64 placement on the Board’s agenda for consideration and execution. Upon receipt of the fully 65 executed Agreement from Palm Beach County, the City Clerk shall ensure that one (1) original 66 executed copy is returned to the City and properly filed in the City’s official records and shall 67 coordinate with the City Attorney’s Office to ensure the fully executed Agreement is recorded in 68 the Public Records of Palm Beach County, Florida. The City Clerk is further authorized to take all 69 other actions reasonably necessary to effectuate the transmittal, execution, recording, and filing 70 of the Interlocal Agreement. 71 SECTION 4. This Resolution shall take effect upon adoption. 72 73 [SIGNATURES ON FOLLOWING PAGE] 74 1178 RESOLUTION NO. R26-011 PASSED AND ADOPTED this _____ day of __________________ 2026. 75 CITY OF BOYNTON BEACH, FLORIDA 76 YES NO 77 78 Mayor – Rebecca Shelton _____ _____ 79 80 Vice Mayor – Woodrow L. Hay _____ _____ 81 82 Commissioner – Angela Cruz _____ _____ 83 84 Commissioner – Thomas Turkin _____ _____ 85 86 Commissioner – Aimee Kelley _____ _____ 87 88 VOTE ______ 89 ATTEST: 90 91 92 _____________________________ ______________________________ 93 Maylee De Jesús, MPA, MMC Rebecca Shelton 94 City Clerk Mayor 95 96 APPROVED AS TO FORM: 97 98 (Corporate Seal) 99 _______________________________ 100 Shawna G. Lamb 101 City Attorney 102 1179 ILA Boynton Beach / Palm Beach County Bamboo Lane Annexation 11.20.25 (SRW) 1 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR ANNEXATION OF BAMBOO LANE PURSUANT TO SECTION 171.046, FLORIDA STATUTES THIS INTERLOCAL AGREEMENT is made on this _____ day of ______________, 2026, between the CITY OF BOYNTON BEACH, a municipal corporation located in Palm Beach County, Florida, hereinafter referred to as “City,” and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as “County,” each entity constituting a “public agency” as defined in Part 1, Chapter 163, Florida Statutes. WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal Cooperation Act of 1969,” as amended, authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage, and to thereby provide services and facilities which will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the Florida Interlocal Cooperation Act of 1969 permits public agencies as defined herein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, Section 171.046, Florida Statutes, provides for annexation of certain enclaves by entering into an interlocal agreement between the municipality and the county having jurisdiction over such enclave; and WHEREAS, Section 171.046, Florida Statutes, limits annexation by interlocal agreement to enclaves of 110 acres or less in size; and WHEREAS, Section 171.031(5)(a) and (b), Florida Statutes, defines enclaves as developed or improved property bounded on all sides by a single municipality, or enclosed within and bounded by a single municipality and by a natural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; and WHEREAS, it has been determined that the parcels to be annexed via this Interlocal Agreement meet the requirements set out in Sections 171.031(5)(a) and (b) and 171.046, Florida Statutes, as such enclave is developed or is improved, is 110 acres or less in size, and is completely surrounded by the City or is surrounded by the City and a natural or manmade obstacle that allows passage of vehicular traffic to the enclave only through the City; and WHEREAS, the County and the City have determined that it is appropriate and will promote efficient provision of governmental services for the City to annex the enclave; and WHEREAS, the enclave identified for annexation in this Interlocal Agreement is consistent with Objective 8.4 and Policies 8.4.1 through 8.4.6 of the Intergovernmental Coordination Element of the City's Comprehensive Plan, which encourage the annexation of enclaves and coordination with Palm Beach County regarding the prevention of undesirable land configurations adjacent to corporate limits; and 1180 ILA Boynton Beach / Palm Beach County Bamboo Lane Annexation 11.20.25 (SRW) 2 WHEREAS, the County and the City agree that the parcels to be annexed via this Interlocal Agreement are subject to the Land Use Atlas of the Palm Beach County Comprehensive Plan and County zoning and subdivision regulations until the City adopts Future Land Use Map Amendment and Rezoning Ordinances for the annexed parcels; and WHEREAS, the City and County find that entering into this Agreement serves a valid public purpose. NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the sufficiency of which is acknowledged by both parties, the parties hereby agree as follows: Section 1. Purpose The purpose of the Agreement is to allow annexation by the City of that certain unincorporated enclave, commonly known as Bamboo Lane, which parcels are further identified in Exhibit A attached hereto and incorporated herein by reference. Section 2. Recitals The above whereas clauses and recitals are incorporated into this Agreement as true and correct statements of fact. Section 3. Definitions The following definitions shall apply to this Agreement: 1. The term “enclave” shall be defined as set forth in Section 171.031(5)(a) and (b), Florida Statutes. 2. “Act” means Part 1 of Chapter 163, Florida Statutes. 3. “Agreement” means this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. Section 4. Annexation The unincorporated enclave identified in Exhibit A is hereby annexed into and is included in the corporate boundaries of the City of Boynton Beach. Section 5. Effective Date This Agreement shall take effect upon execution by both parties. Section 6. Filing Upon execution by both parties, a certified copy of this agreement shall be filed by Palm Beach County with the Clerk of Circuit Court in and for Palm Beach County. 1181 ILA Boynton Beach / Palm Beach County Bamboo Lane Annexation 11.20.25 (SRW) 3 Section 7. Notification The City hereby acknowledges that it has provided written notice to all owners of real property located in the enclave identified in Exhibit A, whose names and addresses are known by reference to the latest published ad valorem tax records of the Palm Beach County Property Appraiser. The written notice described the purpose of the Interlocal Agreement and stated the date, time, and place of the meeting of the City Commission of the City of Boynton Beach, where this Interlocal Agreement is to be considered for adoption. The written notice also indicated the name and telephone number of the Palm Beach County staff person to contact regarding the date, time, and place the Board of County Commissioners is to consider the adoption of this Interlocal Agreement. Section 8. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 9. Severability In the event any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement, and the same shall remain in full force and effect. Section 10. Entire Agreement & Counterparts This Agreement represents the entire understanding between the parties concerning the subject and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Remainder of Page Intentionally Left Blank 1182 ILA Boynton Beach / Palm Beach County Bamboo Lane Annexation 11.20.25 (SRW) 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF BOYNTON BEACH, FLORIDA ATTEST: _________________________ By: _____________________________ City Clerk Rebecca Shelton, Mayor Date: _________________________________ Approved as to Form and Legal Sufficiency: By:________________________ Stacey R. Weinger, Deputy City Attorney Clerk of the Circuit Court & PALM BEACH COUNTY, Comptroller FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS ATTEST: _________________________ By: _________________________________ Clerk Sara Baxter, Mayor Date: _________________________________ Approved as to Form and Approved as to Terms and Conditions Legal Sufficiency: By:________________________ By:________________________ Darren Leiser Assistant County Attorney 1183 ILA Boynton Beach / Palm Beach County Bamboo Lane Annexation 11.20.25 (SRW) 5 EXHIBIT A BAMBOO LANE LEGAL DESCRIPTION AND DEPICTION OF PROPERTY TO BE ANNEXED 1184 ILA Boynton Beach / Palm Beach County Bamboo Lane Annexation 11.20.25 (SRW) 6 EXHIBIT A BAMBOO LANE LEGAL DESCRIPTION AND DEPICTION OF PROPERTY (Continued) 1185 ILA Boynton Beach / Palm Beach County Bamboo Lane Annexation 11.20.25 (SRW) 7 EXHIBIT A BAMBOO LANE LEGAL DESCRIPTION AND DEPICTION OF PROPERTY (Continued) 1186 ILA Boynton Beach / Palm Beach County Bamboo Lane Annexation 11.20.25 (SRW) 8 EXHIBIT A BAMBOO LANE LEGAL DESCRIPTION AND DEPICTION OF PROPERTY (Continued) 1187 PLANNING AND DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Commissioners THRU: Amanda B. Radigan, AICP Director of Planning and Development FROM: Kevin Fischer, AICP Division Director, Planning and Zoning DATE: January 6, 2026 PROJECT: Enclave Annexation Interlocal Agreement REQUEST: Approve a Resolution authorizing the execution of an interlocal agreement between the City of Boynton Beach and Palm Beach County for the annexation of an enclave totaling approximately 4.61 acres generally located at Bamboo Lane. OVERVIEW This item consists of a Resolution authorizing the execution of an interlocal agreement between the City of Boynton Beach and Palm Beach County for the annexation of an enclave totaling approximately 4.61 acres generally located at Bamboo Lane. EXPLANATION OF ITEM The existing enclave is located in unincorporated Palm Beach County and has contiguity with the City of Boynton Beach on the north, west, and southern boundaries. The approval of an enclave annexation interlocal agreement between the City of Boynton Beach and Palm Beach County will allow for the annexation of this enclave pursuant to Florida Statute. Florida Statute Chapter 171.046, Annexation of enclaves, states that “The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declares that it is the policy of the state to eliminate enclaves.” This section of statute is provided to expedite the annexation of enclaves of 110 acres or less into the most appropriate incorporated jurisdiction and allows for annexation of the enclave by interlocal agreement with the county having jurisdiction of the enclave. The Bamboo Lane a rea enclave meets all 1188 Page 2 Enclave Annexation Interlocal Agreement 2 applicable statutory requirements for this method of anne xation. Every applicable Boynton Beach department performed an analysis of the proposed annexation. Based on each department’s analysis, there are no identified issues meeting and maintaining adequate public service facilities and services with the annexation of this area. All properties within the proposed annexation area currently receive water and wastewater services from the City of Boynton Beach. RECOMMENDATION Staff recommends APPROVAL of the Resolution authorizing the execution of an interlocal agreement between the City of Boynton Beach and Palm Beach County 1189 1190 1191 Bamboo Lane Annexation Fiscal Assessment Acreage: 4.61 2023 Population Estimate: 26 Number of Parcels: 16 Number of Residential Units: 12 Number of Non-Residential Units: 3 Taxable Value: $14,328,352 Median Household Income: $66,552 Per Capita Income: $57,736 Owner/Renter Statistics: Owner: 9 Renter: 3 Linear Lane-Miles of County Roads: Local: 0.2 Collector: 0 Arterial: 0 Total: 0.2 1192 City of Boynton Beach Agenda Item Request Form 10.B Regular Agenda 01/20/2026 Meeting Date: 01/20/2026 Discussion regarding Little Free Libraries and Little Free Pantries on private property. Requested Action: Discussion and seek City Commission direction regarding Little Free Libraries and Little Free Pantries on private property. Explanation of Request: Staff will provide a presentation regarding Little Free Libraries and Little Free Pantries on private property. This will include an overview of how other jurisdictions address such uses, and what types of regulations could be put in place should the Commission provide direction to update the Land Development Regulations to allow such uses. How will this affect city programs or services? No impact. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget for this item. 1193 City of Boynton Beach Agenda Item Request Form 10.C Regular Agenda 01/20/2026 Meeting Date: 01/20/2026 Marina District Overlay Discussion Requested Action: City Commission direction on a proposed Marina District Overlay. Explanation of Request: Discussion item and seeking direction on the creation of a Marina District Overlay. Staff will provide a presentation with an emphasis on the economic impacts of such an overlay, the geographic location for the boundaries of the district, and desired types of uses. This item was requested by the Commission at the November 8, 2025 joint workshop of the Community Redevelopment Agency and the City Commission. How will this affect city programs or services? No impact. Account Line Item and Description: N/A Fiscal Impact: No fiscal impact. 1194 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 1 of 14 ORDINANCE NO. 25-016 1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 2 BOYNTON BEACH, FLORIDA, REPEALING AND REPLACING CHAPTER 3 15 “OFFENSES-MISCELLANEOUS,” ARTICLE I “IN GENERAL,” SECTIONS 4 15-8 THROUGH 15-8.7 WITH UPDATED REGULATIONS REGARDING 5 NOISE CONTROL; PROVIDING FOR SEVERABILITY; PROVIDING FOR 6 CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING AN 7 EFFECTIVE DATE. 8 9 WHEREAS, Part II “Code of Ordinances,” Chapter 15 “Offenses-Miscellaneous,” Article 10 I “In General,” Sections 15-8 through 15-8.7 of the City’s Code of Ordinances currently regulate 11 noise and sound emissions within the City; and 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be 13 in the best interest of the citizens and residents of the City to update its regulations regarding 14 noise and sound emissions to include construction noise regulations near residential zones; 15 and 16 WHEREAS, the City Commission desires to repeal and replace the existing Sections 15-17 8 through 15-8.7 with updated and more comprehensive regulations; and 18 WHEREAS, the City Commission finds the amendment of Chapter 15 “Offenses-19 Miscellaneous,” Article I “In General,” Sections 15-8 through 15-8.7 of the City’s Code of 20 Ordinances is in the best interest of the citizens and residents of the City of Boynton Beach. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby incorporated herein and made a part hereof. 25 Section 2. That Chapter 15 “Offenses-Miscellaneous,” Article I “In General,” Sections 26 15-8 through 15-8.7 of the City’s Code of Ordinances is hereby repealed in its entirety and 27 replaced with the following language: 28 1195 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 2 of 14 29 Sec. 15-8. Purpose and scope. 30 It is the purpose of sections 15-8 through 15-8.7 to prevent, prohibit, and provide for the 31 abatement of excessive and unnecessary noise which may injure the health or welfare or 32 degrade the quality of life of the visitors, citizens, and residents of the City of Boynton Beach. 33 This section shall apply to the control of all sound and noise originating within the limits of this 34 jurisdiction. It is further the intent of this chapter to recognize that factors such as the time of 35 day, location (e.g., proximity to residences), necessity of public projects for the public good, 36 and necessity of sound and noise incidental to allowed uses and activities must be considered 37 in balancing the protection of public peace and individual freedoms. 38 39 Sec. 15-8.1. Definitions. 40 All terminology used in this section shall be as defined herein or, if not defined, given plain 41 meaning by reference to a standard dictionary definition. When interpretation is required by 42 reference to a source more definitive than this code or a dictionary, reference shall first be 43 made to publications of the American National Standards Institute (ANSI): 44 Adjacent. Any receiving property separated by a street, alley, canal, and/or easement that is 45 touched by a line drawn perpendicular from any portion of the property generating the sound. 46 Construction. Any site preparation, assembly, erection, substantial repair, demolition, 47 alteration, or similar action, for or on public or private right-of-way, structures, utilities, or 48 similar property, excluding well pointing. 49 Emergency work. Any work necessary to restore property to a safe condition following a 50 natural disaster or emergency event, work to restore public utilities, or work required to protect 51 person or property from an imminent exposure to danger. 52 1196 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 3 of 14 Enforcement officer. Those employees or other agents of the City, designated by ordinance, 53 or duly authorized and appointed by the City Manager, whose duty is to enforce City Codes. 54 This definition shall include, but not be limited to, law enforcement police officers and code 55 enforcement officers. 56 Legal holidays. Those recognized by the City include New Year's Day, Martin Luther King, Jr. 57 Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans Day, 58 Thanksgiving Day, the day after Thanksgiving, Christmas Eve, and Christmas Day, or any other 59 legally recognized federal holiday. 60 Noise-sensitive zone. Existing quiet zones until designated otherwise by a competent 61 authority. Noise-sensitive zones include but are not limited to operations of schools, libraries 62 open to the public, courthouses, churches, synagogues, mosques, hospitals, and nursing 63 homes. 64 Plainly audible. A sound capable of being heard by a human being without the assistance of 65 a mechanical or electronic listening or amplifying device. 66 Property line. An imaginary line along the surface and its vertical plane extension that 67 separates the real property owned, rented, or leased by one person from that owned, rented, 68 or leased by another person, excluding intra-building real property divisions. 69 Quiet hours. The time periods during which enhanced noise restrictions apply: 70  Weekdays (Sunday night through Thursday night): 10:00 p.m. to 7:00 a.m.; and 71  Weekends (Friday night and Saturday night): 11:00 p.m. to 8:00 a.m. 72 Receiving property. The land receiving noise or sound as designated by the City zoning map 73 (and for recently incorporated areas, the effective zoning category). 74 Residence. Any occupied room or rooms connected together containing sleeping facilities, 75 including single and multiple-family homes, townhomes, apartments, condominium units, and 76 hotel and motel rooms. 77 1197 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 4 of 14 Sound disturbance. Any sound or noise which is: 78 (1) Plainly audible beyond a distance of twenty-five (25) feet from the apparent property 79 line from which the sound emanates, in a single residential zoning district, or 80 (2) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates 81 or is plainly audible twenty-five (25) feet from the apparent property line from which 82 the sound emanates, in multi-family residential zoning districts. 83 (3) Plainly audible beyond a distance of one hundred (100) feet from the apparent 84 property line from which the sound emanates when the sound emanates in a 85 commercial zoning district and is heard in a residential zoning district. 86 (4) Plainly audible beyond a distance of one hundred (100) feet from the apparent 87 property line from which the sound emanates when the sound emanates in a public 88 use zoning district and is heard in a residential zoning district. 89 For the purpose of enforcement, it is not necessary to identify the property line as would be 90 depicted on a survey; instead, an approximation of the property line may be used, taking into 91 consideration physical landmarks such as fences, landscaping, setbacks, driveways, or ground 92 treatment. 93 94 Sec. 15-8.2. Enforcement. 95 If a complaint is received for violations of this article, an enforcement officer shall investigate 96 to determine if a violation exists. If the enforcement officer observes a violation of this article, 97 the enforcement officer shall inform the violator that they must immediately cease the violation 98 and will be subject to additional penalties if the violation continues, and issue a notice of 99 violation to the violator as provided in this Code. 100 No citation or notice to appear for a violation of this section shall be issued until a law 101 enforcement officer or code enforcement officer has contacted the property owner, occupant, 102 1198 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 5 of 14 or operator from which the offending sound emanates to request abatement of the offending 103 sound. When a request for abatement is made and the offending sound is not immediately 104 abated, or if it resumes within fifteen (15) minutes following initial abatement, or occurs again 105 within seven (7) days, a citation or notice to appear may issue without additional request for 106 abatement. 107 108 Sec. 15-8.3. Unreasonably loud noise prohibited. 109 (a) General prohibition. Unreasonably loud noise disturbances are prohibited. No person shall 110 unnecessarily make, continue, or cause to be made or continued any sound or noise 111 disturbances. 112 (b) Specific prohibitions. It shall be unlawful for any person to make, continue, or cause to be 113 made or continued any unreasonably loud, excessive, unnecessary, or unusual noise. The 114 following acts, among others, are declared to be unreasonably loud, excessive, unnecessary, or 115 unusual noises in violation of this section, but this enumeration shall not be deemed to be 116 exclusive: 117 (1) Sound reproduction devices. The playing, using, operating or permitting to be played, 118 used or operated, any radio, phonograph or musical instrument, or other machine or device 119 for the producing or reproducing of sound in such a manner or with such volume, that is plainly 120 audible to any person other than the player(s) or operator(s) of the device, and those who are 121 voluntarily listening to the sound, and is plainly audible from a public street, the adjacent lot 122 nearest to the source, or at a distance of twenty-five (25) feet or more during quiet hours. 123 (2) Loudspeakers. Using or operating for any purpose other than those activities specifically 124 exempted in section 15-8.4 below, any loudspeaker, loudspeaker system, or similar device, 125 including sound-emitting devices which may be physically attached to any motor vehicle. 126 1199 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 6 of 14 (3) Street sales. Offering for sale, selling, or advertising for sale by shouting or outcry, anything 127 within any area of the city. 128 (4) Animals. Owning, possessing or harboring any animal, bird or fowl which persistently howls, 129 barks, meows, squawks, bays, cries or otherwise makes noises or sounds which create a noise 130 or sound disturbance or is plainly audible from a public street, and/or from a distance of 131 twenty-five (25) feet and/or from the adjacent lot nearest to the building, structure, or yard in 132 which the animal, bird or fowl is located. A person is responsible for an animal, bird, or fowl if 133 the person owns, controls, or otherwise cares for the animal, bird, or fowl. It shall be an 134 affirmative defense to any charge hereunder that such animal, bird, or fowl was emitting such 135 noise in response to any person's intrusion upon the premises. 136 (5) Loading or unloading. Loading, unloading, opening, closing, or other handling of boxes, 137 crates, containers, building materials, garbage cans, or similar objects during quiet hours in 138 such a manner as to cause a noise or sound disturbance. 139 (6) Construction. Operating or causing the operation of any tools or equipment used in 140 construction, drilling, excavation, clearing, repair, alteration, or demolition work except during 141 the times specified in section 15-8.5, or at any time during Sundays or legal holidays, except as 142 provided for emergency work or with an approved Noise Mitigation Waiver. 143 (7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical 144 equipment located on real property, including HVAC equipment, motors, engines, pumps, 145 compressors, fans, tools, machinery, and their component parts, or any other similar stationary 146 mechanical devices and their component parts, except as otherwise exempted in section 15-147 8.4. 148 (8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to 149 cause a noise or sound disturbance. 150 1200 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 7 of 14 (9) Human vocal sounds. Yelling, shouting, hooting, whistling, singing, and other vocal sounds 151 in excess of a normal conversational level during quiet hours, so as to create a plainly audible 152 sound across a residential real property line or on a public right-of-way or public property, or 153 that is plainly audible to an occupant of a dwelling unit within a building other than an 154 occupant of the unit from which the sound emanates, that can be heard from a distance of 155 twenty-five (25) feet or more from the source, in noise-sensitive zones. This section is to be 156 applied only to those situations where the disturbance is not a result of the content of the 157 communication but due to the volume, duration, location, timing, or other factors not based 158 on content. 159 (10) Vehicle noise. Operating any automobile, motorcycle, or other motor vehicle that 160 produces excessive noise plainly audible from twenty-five (25) feet or more due to: 161 a. Defective or modified exhaust systems, mufflers, or engine components; 162 b. Worn or damaged mechanical parts causing grinding, rattling, or squealing sounds; 163 c. Overloading that causes abnormal engine strain or mechanical noise; or 164 d. Any other mechanical condition or modification that creates unreasonably loud noise 165 during normal operation. 166 (11) Model vehicles. Operating or permitting the operation of powered model vehicles, either 167 airborne, waterborne, or land borne, which are designed not to carry persons or property, such 168 as, but not limited to, model airplanes, boats, cars, rockets, and which are being propelled by 169 mechanical means, within a public recreation area or park other than those areas specifically 170 designated for such purpose by the City Commission. 171 (12) Noise near sensitive zones. The creation of any sound or noise on any street adjacent to 172 a noise sensitive zone, where those entities defined herein as being part of a noise-sensitive 173 zone are in operation, which is plainly audible within the entity, from a distance of twenty-five 174 1201 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 8 of 14 (25) feet from the noise or sound, and interferes with the operation of the entity, provided 175 conspicuous signs are displayed indicating the presence of a noise-sensitive zone. 176 (13) Horn and signaling devices. The sounding of any horn or signaling device, except as a 177 danger warning, for any unnecessary or excessive period of time, or the reasonable use of any 178 horn or signaling device, in such manner as to cause a noise or sound disturbance. 179 (14) General disturbances. The creation or permitting of any loud or raucous noise or sound 180 so as to disturb the peace, quiet, or comfort of a residence within the immediate or adjacent 181 neighborhood. 182 (15) Vibration. The creation or permitting of any sound or noise that produces a ground 183 vibration, noticeable without instruments, at the lot lines of the property from which the sound 184 or noise emanates, provided there shall be excepted from the provisions of this division the 185 use of pile drivers, back hoes, tampers, ditch diggers, bobcats, road graders, rollers and like 186 equipment used in standard construction during permitted construction hours. The City 187 Manager, or designee, upon receiving complaints for excessive vibrations, may require 188 vibration sensors to be installed and monitored at property lines at the expense of the property 189 owner generating the vibration. 190 (c) Generators - limited exemption. Notwithstanding the foregoing prohibited acts, gasoline 191 or propane-powered generators are permitted during periods of power outage following 192 natural disasters and during maintenance periods. Maintenance operations shall only occur 193 between 8:00 a.m. and 6:00 p.m. on weekdays and only for the minimum amount of time 194 required by the manufacturer, not to exceed one hour per week. Any person using a generator, 195 except during periods of power outage, is subject to the restrictions on noise generation as 196 otherwise outlined in this chapter. 197 198 199 1202 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 9 of 14 Sec. 15-8.4. Exemptions. 200 The following acts and the causing or permitting thereof shall be specifically exempted from 201 the prohibitions of section 15-8.3: 202 (1) Aircraft and transportation. Noise generated by aircraft, interstate railway locomotives, 203 and cars. 204 (2) Emergency activities. Any noise generated as a result of emergency work or for the 205 purpose of alerting the public to the existence of an emergency situation. 206 (3) Domestic equipment. Any noise generated by the operation and use of domestic power 207 tools and lawn maintenance equipment between 7:00 a.m. and 8:00 p.m. on weekdays, 8:00 208 a.m. and 6:00 p.m. on Saturdays, and 10:00 a.m. and 6:00 p.m. on Sundays and legal holidays. 209 (4) Residential HVAC. Noise generated by operating and using air conditioning units in 210 residential districts that are properly maintained and operating within the manufacturer's 211 specifications. 212 (5) Musical instruments. Non-amplified solo musical instrument played by an individual within 213 a private residence between the hours of 9:00 a.m. and 9:00 p.m. 214 (6) Public safety and utilities. Noises and sounds of authorized safety signals, warning 215 devices, and any City vehicle while engaged in necessary public business. 216 (7) Emergency and utility work. Noises and sounds resulting from emergency work, which is 217 to be construed as work made necessary to restore property and/or utilities to a safe condition 218 following a natural disaster or emergency event, or work required to protect persons or 219 property from imminent exposure to danger. This exemption includes noises from emergency 220 communications and utility work following natural disasters or emergency events, and in 221 connection with the restoration of service operations. 222 1203 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 10 of 14 (8) Permitted events. Parades, fireworks displays, special events, and other activities for which 223 a permit has been obtained from the City, within such hours and in accordance with such 224 restrictions as may be imposed as conditions for the permit issuance. 225 (9) Public construction. Municipal, county, or state public works, emergency matters, or 226 matters having an effect on the public health, safety, and welfare of the City, provided such 227 work complies with the construction time limitations in section 15-8.5 or has received approval 228 for extended hours due to public safety necessity. 229 230 Sec. 15-8.5. Construction site noise regulations. 231 (a) General requirements. Construction shall be permitted only during the hours set forth 232 herein. All equipment shall be operated in accordance with the manufacturer's specifications, 233 shall be in good repair, and shall utilize all noise baffling methods specified by the 234 manufacturer. 235 (b) Permitted construction hours: 236  Residential zones: Monday through Friday 7:00 a.m. to 7:00 p.m.; Saturday 8:00 a.m. 237 to 5:00 p.m. 238  Commercial zones: Monday through Friday 7:00 a.m. to 7:00 p.m.; Saturday 8:00 a.m. 239 to 5:00 p.m. 240  All zones: No construction activities on Sundays and legal holidays. 241 (c) Prohibited equipment during restricted hours. The following construction activities may 242 not be operated between 7:00 p.m. and 7:00 a.m. on weekdays, between 5:00 p.m. and 8:00 243 a.m. on Saturdays, and are prohibited on Sundays and legal holidays: 244 1. Any equipment used in construction activity, repair, alteration, or demolition work on 245 buildings, structures, streets, alleys, or appurtenances thereto. 246 1204 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 11 of 14 2. Any pile driver, steam shovel, pneumatic hammer, derrick, or steam or electric hoist. 247 (d) Exemptions: 248 1. Residential homeowners performing ordinary maintenance or home projects are 249 exempt from permits per the Boynton Beach Administrative Amendments to the Florida 250 Building Code, as may be amended from time to time. 251 2. Emergency work as defined in section 15-8.1. 252 253 Sec. 15-8.6. Noise Mitigation Waiver. 254 (a) Application. The City Manager or designee may approve a Noise Mitigation Waiver for 255 construction activities outside permitted hours upon written application demonstrating: 256 1. Exceptional circumstances requiring work outside normal hours; 257 2. Measures to minimize noise impact on surrounding properties; 258 3. Limited duration and scope of work; and 259 4. Public benefit or safety necessity. 260 (b) Conditions. All Noise Mitigation Waiver approvals shall: 261 1. Specify exact hours, dates, and activities authorized; 262 2. Include conditions to minimize noise impact; 263 3. Require notification to affected properties; and 264 4. Be subject to immediate revocation for violations. 265 (c) Limitations. Noise Mitigation Waivers: 266 1. May authorize work as early as 6:00 a.m. Monday through Friday only; 267 1205 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 12 of 14 2. Shall not exceed 30 days total duration; and 268 3. Do not constitute compliance for violations occurring prior to issuance. 269 270 Sec. 15-8.7. Enforcement and penalties. 271 (a) Jurisdiction. The City’s Special Magistrate shall have jurisdiction to hear and decide cases 272 in which violations of this chapter are alleged; or 273 (b) Code enforcement. The City may enforce the provision of this Code by Code of Ordinance 274 enforcement procedures as provided by Chapter 162, Part 2, Florida Statutes; or 275 (c) Citation penalties. The City may prosecute violations by issuance of notices to appear for 276 violation of a City Ordinance, in which case, the penalty for a violation shall be as follows: 277 1. First violation - $100.00 278 2. Second violation within twelve (12) months of adjudication of first violation - $250.00 279 3. Third violation within eighteen (18) months of adjudication of first violation - $500.00 280 Each calendar day on which a violation exists shall constitute a separate violation for the 281 purpose of determining the fine. 282 (d) Nuisance action. A violation of this Article may be prosecuted as a nuisance. The City 283 Attorney may bring suit on behalf of the City, or any affected citizen may bring suit in his or 284 her name against the person or persons causing or maintaining the violation, or against the 285 owner/agent of the building or property on which the violation exists. 286 (e) Criminal enforcement. Violations of this Article may be enforceable by arrest. 287 (f) Joint liability. For the purpose of this section, any person owning or having responsibility 288 for management of a business premises, any performer or disc jockey producing sound upon 289 any business premises, any person playing, producing, or controlling music or other sound, any 290 person having control of the volume of music or sound, and the business as named on the 291 1206 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 13 of 14 business tax receipt where the music or sound is emanating may be jointly and severally liable 292 for compliance with this Article. 293 294 Section 3. It is the intention of the City Commission of the City of Boynton Beach, 295 and it is hereby ordained that the provisions of this Ordinance shall become and be made a 296 part of the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of this 297 Ordinance may be renumbered, re-lettered and the word “Ordinance” may be changed to 298 “Section,” “Article,” or such other word or phrase in order to accomplish such intention.. 299 Section 4. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions 300 in conflict herewith be, and the same are hereby repealed to the extent of such conflict. 301 Section 5. If any clause, section, or other part or application of this Ordinance shall 302 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 303 unconstitutional or invalid part or application shall be considered as eliminated and so not affect 304 the validity of the remaining portions or applications remaining in full force and effect. 305 Section 6. This Ordinance shall become effective immediately upon passage. 306 307 [SIGNATURES ON FOLLOWING PAGE] 308 309 1207 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 14 of 14 FIRST READING this _____ day of _________________, 2025. 310 SECOND, FINAL READING AND PASSAGE this _____day of __________, 2025. 311 312 CITY OF BOYNTON BEACH, FLORIDA 313 YES NO 314 315 Mayor – Rebecca Shelton _____ _____ 316 317 Vice Mayor – Woodrow L. Hay _____ _____ 318 319 Commissioner – Angela Cruz _____ _____ 320 321 Commissioner – Thomas Turkin _____ _____ 322 323 Commissioner – Aimee Kelley _____ _____ 324 325 VOTE ______ 326 327 328 329 ATTEST: 330 331 _____________________________ ______________________________ 332 Maylee De Jesús, MPA, MMC Rebecca Shelton 333 City Clerk Mayor 334 335 APPROVED AS TO FORM: 336 (Corporate Seal) 337 338 _______________________________ 339 Shawna G. Lamb 340 City Attorney 341 342 343 1208 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 ☐ 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; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING AND REPLACING PART II, “CODE OF ORDINANCES,” CHAPTER 15 “OFFENSES- MISCELLANEOUS,” ARTICLE I “IN GENERAL,” SECTIONS 15-8 THROUGH 15-8.7 WITH UPDATED REGULATIONS REGARDING NOISE CONTROL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. 1209 Page 2 of 3 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): Chapter 15 “Offenses-Miscellaneous,” Article I “In General,” Sections 15-8 through 15- 8.7 of the City’s Code of Ordinances currently regulates noise and sound emissions within the City. The City Commission of the City of Boynton Beach, Florida, deems it to be in the best interest of the citizens and residents of the City to update its regulations regarding noise and sound emissions to include construction noise regulations near residential zones. 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: Construction companies operating within the City of Boynton Beach may be impacted by the proposed ordinance. 4. Additional information the governing body deems useful (if any): 1210 Page 3 of 3 NONE 1211 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 1 of 10 Sec. 15-8. Noise Control-Short title. Sections 15-8 through 15-8.8 shall be known and may be cited by the short title of "City of Boynton Beach Noise Control Ordinance." (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 11-003, § 2, 2-15-11) Editor's note(s)—Ord. No. 85-16, §§ 1, 2, adopted Mar. 19, 1985, provided for the repeal of §15 -8, noise, and enacted in lieu thereof new provisions relative to the same subject matter, designated as §§ 15 -8—15-8.8 to read as herein set out. Formerly, § 15-8 was derived from the 1958 Code, § 17-22.2, and Ord. No. 82-12, § 1, adopted May 18, 1982. Sec. 15-8.1. Same-Purpose and space. It is the purpose of sections 15-8 through 15-8.9 to prevent, prohibit and provide for the abatement of excessive and unnecessary noise which may injure the health or welfare or degrade th e quality of life of the citizens and residents of the City of Boynton Beach. This section shall apply to the control of all sound and noise originating within the limits of this jurisdiction. It is further the intent of this chapter to recognize that fact ors such as the time of day, location (e.g. proximity to residences), necessity of public projects for the public good, and necessity of sound and noise incidental to allowed uses and activities must be considered in balancing the protection of public peace and individual freedoms. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 11- 003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.2. Same-Terminology and standards. All terminology used in this section shall be as defined herein or, if not defined, given plain meaning by reference to common dictionary definition. When interpretation is required by reference to a source more definitive than this Code or a dictionary, reference shall first be made to publications of the American National Standards Institute (ANSI): A-weighted sound level. The sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated dBA. Apparent property line. The line along the surface, and its vertical plane extension, which separates one (1) lot or parcel of property from another. Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or on public or private right-of-way, structures, utilities or similar property, and excluding well pointing. Decibel (dB). A unit for measuring the volume of sound or noise, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound or noise measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micro-newtons per square meter). Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or private right - of-way surfaces or similar property. Emergency. Any occurrence or set of circumstances involving actual or eminent physical trauma or property damage which demands immediate action. 1212 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 2 of 10 Emergency vehicle. A motor vehicle used in response to a public emergency or to protect persons or property from imminent danger. Emergency work. Any work necessary to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect person or property from an imminent exposure to danger. Equivalent. The level of a constant sound, which in a given situation and time period, has the same sound energy as does a time varying sound. Impulse noise. A discrete noise or series of such noises of short duration (generally less than one (1) second) in which the sound pressure level rises very quickly to a high before decaying to the background level. E xamples of sources of impulse noise, includes explosions and the discharge of firearms. L10 sound level. The sound level exceeded for more than ten (10) percent of a measurement period which for the purposes of sections 15-8 through 15-8.9 shall not be less than ten (10) minutes. LMAX. The maximum A-weighted sound level for a given event. Legal holidays. Those recognized by the City include New Year's Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Da y, Thanksgiving Day, day after Thanksgiving, Christmas Eve, and Christmas Day or any other legally recognized holiday. Maximum sound level. The greatest A-weighted sound level reading obtained when measuring a source of sound during a designated time interval using the fast meter exponential integration time. Micropascal. The international unit for pressure, analogous to pounds per square i nch in English units; one (1) microPascal is one millionth of a Pascal; the reference pressure used for airborne sound is twenty (20) microPascals. Motorboat. Any boat or vessel propelled or powered by machinery whether or not such machinery is the principal source of propulsion; including but not limited to boats, barges, amphibious craft, water-ski towing devices, jet skis and hover craft. Motorized equipment. Any self-propelled vehicle, such as, but not limited to, passenger cars, trucks, truck trailers, semi-trailers, campers, motorcycles, mini-bikes, go-carts, gopeds, dune buggies, all-terrain vehicles or racing vehicles which are propelled by mechanical power. Multifamily dwelling. A building or other shelter that has been divided into separate units to house more than one (1) family. Noise. For the purposes of this chapter, noise is any sound that is in violation of any provision of this chapter. Noise disturbance. Any sound or noise, in quantities which are plainly audible and may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unnecessarily interfere with the enjoyment of life or property, including outdoor recreation. Any plainly audible noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion discomfort to any persons within the neighborhood and/or adjacent neighborhood(s) from which said noises emanate, or as to interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to negatively affect such residences or places of business. Noise sensitive zone. Existing quiet zones until designated otherwise by a competent authority. Noise sensitive zones include but are not limited to operations of schools, libraries open to public, churches, synagogues, mosques, hospitals, residential zones (after 11:00 p.m.), and nursing homes. Octave band sound level. The unweighted sound pressure level in the specified octave band. Person. Any natural person, individual, association, partnership, corporation, municipality, governmental agency, business trust, estate, trust, two (2) or more persons having a joint or common interest or any other legal 1213 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 3 of 10 entity including any officer, employee, department, agency, or instrumentality of the United States, a state or any political subdivision of a state or any other entity whatsoever of any combination of such, jointly or severally. Plainly audible. A sound which is capable of being heard by a human being without the assistance of a mechanical or electronic listening or amplifying device. Powered model vehicle. Any self-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket. Private right-of-way. Any street, avenue, boulevard, highway, sidewalk, bike path, or alley, or similar place, which is not owned or controlled by a governmental entity. Public right-of-way. Any street, avenue, boulevard, highway, sidewalk or alley or similar place normally accessible to the public which is owned or controlled by a governmental entity. Public space. Any real property or structures thereon normally accessible to the public. Pure tone. Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purpose of measurement, a pure tone shall exist if the one -third (⅓) octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one -third (⅓) octave bands by five (5) dB for center frequencies of five hundred (500) Hz and above and by eight (8) dB for center frequencies between one hundred sixty (160) and four hundred (400) Hz and by fifteen (15) dB for center frequencies less than or equal to one hundred fifteen (115) Hz. Real property line. An imaginary line along the surface, and its vertical plane extension, which separates the real property owned, rented or leased by one (1) person from that owned, rented or leased by another person, excluding intra-building real property divisions. Receiving land use. The land, which is receiving the noise or sound as designated by the City zoning map (and for recently incorporated areas, the effective zoning category). Residential. A parcel of land whose use is designated to provide only permanent housing and excluding all tourist accommodations which includes but is not limited to hotels, motels, apartme nt hotels, etc. RMS sound pressure. The square root of the time averaged square of the sound pressure. Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound including duration, intensity and frequency. Sound disturbance. Any sound or noise which is: (a) Plainly audible beyond a distance of twenty -five (25) feet or further from the apparent property line from which the sound emanates, in a single residential zoning district, or (b) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates or is plainly audible twenty-five (25) feet or further from the apparent property line from which the sound emanates, in multi-family residential zoning districts. (c) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from which the sound emanates when the sound emanates in a commercial zoning district and is heard in a residential zoning district. (d) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from which the sound emanates when the sound emanates in a public use zoning d istrict and is heard in a residential zoning district. 1214 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 4 of 10 For purpose of enforcement, it is not necessary to specifically identify the property line as would be depicted on a survey, rather an approximation of the property line may be used taking into consid eration physical landmarks such as fences, landscaping, setbacks, driveways, or ground treatment. Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting A, B, or C as specified in American National Standards Institute specification for sound level meters, ANSI S1.4-1971, or in successor publications. If the weighing employed is not indicated, the A -weighting shall apply. Sound level meter. An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighing networks used to measure sound pressure levels. The output meter reads sound pressure levels when properly calibrated, and the instrument is of Type 2 or better, as specified in the American National Standards Institute Publication S1.4-1971, or its successor publications. Sound pressure. The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by the presence of sound energy. Sound pressure level. Twenty (20) times the logarithm to the base ten (10) of the ratio of the RMS sound pressure to the reference pressure of twenty (20) micropascals (2 x 10 6 N/m2 ). The sound pressure level is denoted Lp or SPL and is expressed in decibels. Use. Any activity, event, operation or facility which creates noise. Weekday. Any Monday through Friday (at 6:00 p.m.) which is not a legal holiday as defined herein. Weekend. Any Saturday or Sunday (until 8:00 p.m.). (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 1, 3-4-86; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4- 18) Sec. 15-8.3. Same-Program administration. (a) The noise and sound control program established by sections 15-8 through 15-8.9 shall be administered by the City Manager, or his/her designee, of the City of Boynton Beach, Florida. (b) For the purposes of section 15-8.9 and its enforcement, municipal employees or officials engaged in the measurement of noise or sound, assessing compliance with such sections, making recommendations for noise and sound abatement, issuing noise and sound violations citations, or giving evidence regarding nois e and/or sound violations shall have received formalized training on these subjects from institutions or organizations of recognized ability and experience in environmental acoustics and noise and sound control. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 2, 3-4-86; Ord. No. 89-16, § 1, 6-20-89; Ord. No. 11- 003, § 2, 2-15- 11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.4. Same-Inspections. Upon presentation of proper credentials, the City Manager or his/her designee, may enter and/or inspect any private property, place, report or records at any time when granted permission by the owner, or some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of sections 15-8 through 15-8.9 may exist. Such inspection may include administration of any necessary tests. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) 1215 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 5 of 10 Note(s)—See the editor's note following § 15-8. Sec. 15-8.5. Sound and noise control—Prohibited acts. No person shall make, continue or cause to be made any noise or sound disturbance. The making of noise or sound in violation of this chapter shall constitute prima facie evidence of a noise and/or sound disturbance. (a) Sound or noise disturbances prohibited. No person shall unnecessarily make, continue or cause to be made or continued any sound or noise disturbances. (b) Specific prohibitions. The following acts, which enumeration shall not be deemed to be exclusive, and the causing or permitting thereof in such a manner as to create a noise or sound disturbance across a residential or commercial real property line, or within a noise sensitive zone, or at any time in violation of the provisions of section 15-8.8, are hereby declared to be a violation: (1) The playing, using, operating or permitting to be played, used or operated, any r adio, phonograph or musical instrument, or other machine or device for the producing or reproducing of sound in such a manner or with such volume, that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who ar e voluntarily listening to the sound, and is plainly audible from a public street, the adjacent lot nearest to the source, or at a distance of twenty-five (25) feet or more, particularly during the hours between 11:00 p.m. and 7:00 a.m. (2) Loudspeakers. Using or operating for any purpose other than those activities specifically exempted in section 15-8.6(d) below, any loudspeaker, loudspeaker system or similar device, including sound emitting devices which may be physically attached to any motor vehicle. (3) Street sales. Offering for sale, selling or advertising for sale by shouting or outcry, anything within any area of the City. (4) Animals. Owning, possessing or harboring any animal, bird or fowl which persistently howls, barks, meows, squawks, bays, cries or otherwise makes noises or sounds which create a noise or sound disturbance or is plainly audible from a public street, and/or from a distance of twenty-five (25) feet and/or from the adjacent lot nearest to the building, structure, or yard in which the animal, bird or fowl is located. A person is responsible for an animal, bird or fowl if the person owns, controls, or otherwise cares for the animal, bird or fowl. It shall be an affirmative defense to any charge hereunder that such animal, bird or fowl was emitting such noise in response to an intrusion upon the premises by any person. (5) Loading or unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects in such a manner as to cause a noise or sound disturbance. (6) Construction. Operating or causing the operation of any tools or equipment used in construction, drilling, excavation, clearing, repair, alteration or demolition work on weekdays during the times specified in section 15-8.8, or at any time during Sundays or legal holidays. (7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical equipment located on real property including HVAC equipment, motors, engines, pumps, compressors, fans, tools, machinery, and its component parts, or any other similar stationary mechanical devices and their component parts except as otherwise exempted in section 15-8.6(f). (8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to cause a noise or sound disturbance. (9) Yelling, shouting, hooting, whistling, singing, and other vocal sounds in excess of a normal conversational level, any of which occurs between the hours of 11:00 p.m. and 7:00 a.m., so as to 1216 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 6 of 10 create a plainly audible sound across a residential real property line or on a public right -of-way or public property, or that is plainly audible to an occupant of a dwelling unit within a building other than an occupant of the unit from which the sound emanates, that can be heard from a distance of twenty-five (25) feet or more from the source, particularly in noise-sensitive zones. This section is to be applied only to those situations where the disturbance is not a result of the content of the communication but due to the volume, duration, location, timing or other factors not based on content. (10) The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to cause loud grating, grinding, rattling or other noise that is plainly audible from a distance of twenty-five (25) feet or more. (11) Operating or permitting the operation of powered model vehicles, either airborne, waterborne, or landborne, which are designed not to carry persons or property, such as, but not limited to, model airplanes, boats, cars, rockets, and which are being propelled by mechanical means, within a public recreation area or park other than those areas specifically designated for such purpose by the City Commission. (12) The creation of any sound or noise on any street adjacent to a noise sensitive zone, where those entities defined herein as being part of a noise-sensitive zone are in operation, which is plainly audible within the entity, from a distance of twenty-five (25) feet from the noise or sound, and interferes with the operation of the entity, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street. (13) The sounding of any horn or signaling device, except as a danger warning, for any unnecessary or an excessive period of time or the reasonable use of any horn or signaling device, in such manner as to cause a noise or sound disturbance. (14) The creation or permitting of any loud or raucous noise or sound so as to disturb the peace, quiet or comfort of a residence within the immediate or adjacent neighborhood. (15) Vibration. The creation or permitting of any sound or noise that produces a ground vibration, noticeable, without instruments, at the lot lines of the property from which the sound or noise emanates, provided there shall be excepted from the provisions of this division the use of pile drivers, back hoes, tampers, ditch diggers, bobcats, road graders, rollers and like equipment used in standard construction between the hours of 7:30 a.m. to 6:00 p.m. of any day. (c) Generators - exemption. Notwithstanding the foregoing prohibited acts, the use of gasoline or propane powered generators is permitted during periods of power outage following natural disasters and during periods of maintenance. Operation for purposes of maintenance of the generator shall only occur during daylight hours on weekdays and only for the minimum amount of time required by the manufacturer. Any person using a generator, except during periods of power outage, is subject to the restrictions on noise generation as otherwise set forth in this chapter. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 3, 3-4-86; Ord. No. 89-23, § 1, 9-19-89; Ord. No. 91-8, § 3, 2-19-91; Ord. No. 06-058, § 2, 7-5-06; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.6. Same-Exemptions. The following acts and the causing or permitting thereof shall be specifically exempted from the prohibitions of section 15-8.5. 1217 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 7 of 10 (a) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established in F.S. Chapter 316, and applicable rules and regulations of the Department of Highway Safety and Motor Vehicles, provided however, that this exemption shall not apply to any sound emitting devices which may be attached to any motor vehicle as prohibited by section 15-8.5(b)(2). (b) Aircraft and interstate railway and locomotives and cars. Noise generated by aircraft and interstate railway locomotives and cars are exempt from these provisions. (c) Emergency activities. Any noise generated as a result of emergency work or for the purpose of alerting the public of the existence of an emergency situation. (d) Public speaking and assembly. Any noise generated by any noncommercial public speaking or public assembly activities conducted pursuant to lawful authority on any public space or right -of-way, including sporting events. (e) Domestic power tools and lawn maintenance equipment. Any noise generated by the operation and use of domestic power tools and lawn maintenance equipment. (f) Fixed mechanical equipment. Noise generated by the operation and use of air conditioning units in residential districts. (g) Nonamplified solo musical instrument played by an individual within a private residence between the hours of 9:00 a.m. and 8:30 p.m. (h) Construction. The foregoing provisions of section 15-8.5(a), (b) and subparagraph (6) of this section shall not apply to municipal, county or state public works, emergency matters or matters having an effect on the public health, safety and welfare of the City in those zoning districts of mixed use, commercial and industrial, and where the noise or sound disturbance across a residential property line would not exceed those sound and noise limits set forth in section 15 -8.8 of this article. (i) Any vehicle of the City while engaged in necessary public business. (j) Noises and sounds of authorized safety signals and warning devices. (k) Noises and sounds resulting from emergency work, which is to be construed as work made necessary to restore property and/or utilities to a safe condition following a public emergency, or work required to protect persons or property from any imminent exposure to danger. This exemption includes noises from emergency communications and utility work following a public calamity and in connection with restoration of service operations. (l) Noises and sounds resulting from community events, including but not limited to, fairs, sporting events, school activities, community festivals, etc. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 4, 3-4-86; Ord. No. 89-23, § 2, 9-19-89; Ord. No. 01-24, § 1, 6-5-01; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.7. Same-Penalty for violation. Any person, firm or corporation convicted in a court of competent jurisdiction of a violation of sections 15-8 through 15-8.9 shall be guilty of a misdemeanor of the second degree, punishable by a fine and/or incarceration as provided by law. The City of Boynton Beach Code Compliance Board shall have the authority and jurisdiction to prosecute such offenses. Each complaint of said violation shall be a separate offense. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 5, 3-4-86; Ord. No. 97- 51, § 2, 11-18-97; Ord. No. 11- 003, § 2, 2-15- 11; Ord. No. 18-033, § 2, 12-4-18) 1218 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 8 of 10 Note—See the editor's note following § 15-8. Sec. 15-8.8. Same-Sound levels by receiving land use. (a) Sound and noise limits established. No person shall operate or cause to be operated any source of sound or noise as enumerated in section 15-8.5(b), and unless specifically exempted by section 15-8.6, in such a manner as to create a sound or noise disturbance or an exterior or interior sound level of any origin which exceeds the limits set forth for the receiving land use category in question for more than ten (10) percent of any measurement period which shall not be less than ten (10) minutes when measured at or within the boundaries of a property or within the confines of a building within the receiving land use and as a result of a source of sound being located on some other property. (b) L10 noise and sound level limits. Permissible noise and sound levels for noises or sounds transmitted to receiving land use areas shall not exceed the following limits for L10 sound or noise levels as defined herein. For the purpose of these sound and noise control provisions, such sound or noise levels shall be determin ed using FAST meter responses: Receiving Land Use Emanating Land Use Category Time Level Limit L10 Sound Residential Exterior Sun. - Thurs. 7:00 a.m. - 11:00 p.m. 60 (dB)A L10 Sound Residential Exterior Fri. & Sat. and holidays 11:00 p.m. - 7:00 a.m. 55 (dB)A L10 Sound Residential Exterior Sun. - Thurs. 12:00 a.m. - 7:00 a.m. 55 (dB)A L10 Sound Commercial Exterior At all times 65 (dB)A L10 Sound Residential Interior Sun. - Thurs. 7:00 a.m. to 11:00 p.m. 50 (dB)A L10 Sound Residential Interior Fri. & Sat. and holidays 7:00 a.m. - 12:00 a.m. 50 (dB)A L10 Sound Residential Interior Sun. - Thurs. 12:00 a.m. to 7:00 a.m. 45 (dB)A L10 Sound Commercial Interior At all times 55 (dB)A (c) Maximum sound and noise level limits. The maximum sound and noise level from any applicable sound and noise sources shall not exceed the L10 sound and noise level limits by more than the values listed below: 10 (dB) A from 7:00 p.m. to 11:00 p.m. 5 (dB) A from 11:00 p.m. to 7:00 a.m. (d) Pure tone and impulse noise or sound. For any source of sound or noise which emits a pure tone or an impulse noise or sound, as defined herein, the sound or noise level limits for L10 and maximum sound or noise levels shall be reduced by five (5) (dB) A. 1219 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 9 of 10 (e) District boundaries. When a noise or sound source can be identified and its noise or sound can be measured in more than one land use designation, the pressure level limits of the most restrictive use district shall apply at that designation boundary. (f) The burden shall be on any person contesting the equivalent sound levels to establish the actual equivalent sound or noise level by clear and convincing evidence. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 85-45, Attach. (b), 8-20-85; Ord. No. 86-3, § 6, 3-4-86; Ord. No. 86-14, § 1, 8-19-86; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.9 Same- Measurement of noise and sound. In determining whether a violation of this section has occurred, the complaint of noise shall be measured by the code enforcement division or Police Department according to the following plainly audible standard: (a) The primary means of measurement shall be by ordinary, auditory senses of a reasonable person with normal sensitivities, so long as any mechanical device does not enhance their hearing, such as a microphone or hearing aid. (b) The measurement shall be taken on, or as near as possible to the real property line of the property upon which the sound or noise source is located, and in any event from a location not less than twenty - five (25) feet from the source measured in a straight line. (c) When applicable, sound and noise shall be measured with a sound level meter. The sound or noise level shall be measured at a distance no closer to the point from which the sound or noise in question is emanating than the property line of the parcel or lot from which the sound or noise is emanating or through partitions common to two (2) parties within a building. (d) A measurement period shall not be less than ten (10) minutes in duration. The sound or noise b eing measured shall be representative of the sound or noise which instigated the complaint. (e) A measurement shall be recorded so as to secure and ensure an accurate representation of the sound or noise. (f) A measurement shall be taken at approximately five (5) feet above the ground or water surface away from any obstruction or reflecting surface. (g) When necessary, a microphone windscreen shall be required to avoid wind noise biasing of a measurement. (h) All manufacturers' directions on the operation of the sound level meter shall be followed (e.g. proper microphone angle). (i) All sound level meters used for measurement shall be in conformance with ANSI section 1.4 -1983, as amended. (j) All octave and third octave band filter sets of the sound level meter shall be in conformance with ANSI section 1.11-1976, as amended. (k) Instrumentation for sound level measurements may be class 1 or class 2 (ANSI section 1.4 -1971), as amended. (l) Measurements of sound and noise shall be made by individuals tr ained in a noise or sound measurement program approved by the county or other training facility. (Ord. No. 18-033, § 2, 12-4-18) 1220 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 10 of 10 1221 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 7C. Proposed Resolution No. R25-050- Award of Task Order No. GESCM- 2J-02-25 and approve a budget amendment to appropriate the funds for Craven Thompson Associates as the next pre-qualified vendor for the Preliminary Design of South Seacrest streetscape improvements in the amount of $161 ,170 plus a 10% allowance of$16,117 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of$177,287 based on costs provided by Craven Thompson & Associates. Commissioner Turkin stated that this project has been a long time coming, over 30 years, and asked for a timeline of how we got here. Deputy City Manager Mack spoke about this being a continuation of his very first project when he started with the City. He said that these projects were planned over 20 years ago, and it is exciting to see this one get started. He stated that this will beautify the area and reduce speeding. He mentioned working with the County on this project and incorporating this project into the County's overall plan. Commissioner Turkin stated that he is excited to see this coming, and he praised County Commissioner Marci Woodward for her help in the project. Motion: Commissioner Turkin moved to approve Proposed Resolution No. R25-050. Commissioner Hay seconded the motion. The motion passed unanimously. 10C. Discussion regarding construction hours near residential locations. Heard out of Order) Adam Temple, Assistant City Manager, stated that staff worked with Commissioner Cruz on this analysis, to get ready for this presentation. Pat Hart, Community Standards Supervisor, spoke about eight municipalities that they compared our Code to, in regard to construction hours. Commissioner Cruz thanked staff for doing this research and for coming to the Town Hall meeting in Monterrey. She mentioned that this is complete obstruction of peace and sleep of her constituents. Mr. Hart stated that they have staff checking Monterrey from 6:00 A.M. to 9:00 A.M. to see if anyone does work during those hours, and they are working with the Police as well. Commissioner Cruz stated that citizens have a right to a peaceful home. She asked to have a noise litigation waiver explained. 7 1222 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 John Kuntzman, Building Director, spoke about the waiver form that was used when City Hall was constructed, and what the rules are with the waiver. He said that for this project, the contractor had the Police on site during a portion of construction, which complied with the regulations. He stated that for another project, they had to have a complaint line, that was available to residents, to keep tabs on it. He spoke about reports that they have had on vibrations in the community. Mayor Penserga asked who owns the vibration censor. Mr. Kuntzman stated that they are provided by a third party. Mayor Penserga said that he would trust it more if the City owned the vibration censor rather than the third party. Commissioner Turkin said that maybe the City could choose a censor vendor. Commissioner Cruz stated that she wants to provide relief to these residents and future residents that are near construction locations. She said that she would like to remove the exemption of any construction after designated working hours, especially related to properties adjacent to residential areas within a certain number of feet. She said that the goal is to figure out the distance from residential homes to the building. Mr. Temple stated that there were a lot of concrete pours needed for this project, and they were trying to remove them from peak hours of traffic. Mr. Kuntzman spoke about the impact of the number of concrete trucks that are lined up to pour concrete for this project, and that shifting it to daytime hours would cause a huge backup in traffic. He mentioned some of the other reasons why they have been conducting concrete pours at night, instead of during the day. Commissioner Cruz said that unfortunately this is causing an issue with residents, and she understands the business side of it. She suggested a change of the hours. Mayor Penserga said that he supported changing the hours and distance from the residences. Commissioner Cruz said that she proposed constructions hours for 8 A.M.-8 P.M. Monday-Friday, 9 A.M.-8 P.M. on Saturday, and none on Sunday. She stated that this would be for any construction within a certain amount of feet of residential areas. Commissioner Hay said that he supports this, because quality of life is more important to him, than construction. He stated that he gets a lot of complaints about this as well. Commissioner Turkin said that he supports this change and suggestion, and that it is important to include the exemption of emergency matters, such as a busted water pipe. 8 1223 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 He stated that there is a lot of development that is coming, which was approved, so it is important to get ahead of this now. He mentioned that we are here to enable a policy to make necessary changes. Vice Mayor Kelley stated that the timing that she is suggesting is even shorter, 10 A.M. to 4 P.M. She said that she is in support of establishing construction times, and doesn't mind making it a little stricter, for at home quiet times in the evenings. Commissioner Cruz said that she is comfortable with the stricter hours. She asked to allow public comment on this item. City Attorney Lamb stated that we can come up with an Ordinance with this direction and have public hearings at that time. Commissioner Turkin stated that he doesn't mind opening up to comments. He asked if the cities we compared to have a separate noise ordinance. Assistant City Manager Temple responded that they did, and mentioned that the City has a citywide noise ordinance, with a construction portion. Dan Dugger, City Manager, said that it goes to midnight on the weekends, and spoke about the allowed decibels. He mentioned that if it is after hours, the Police will go there and check the decibel levels and report to Community Standards. Commissioner Turkin asked to make the noise ordinance stricter as well, because this should be updated. He mentioned that he would like a complete a code overhaul. Mayor Penserga asked if the City should make a separate Ordinance for construction hours. City Attorney Lamb stated our that Code of Ordinances is all over the place, and it is very expensive to do an overhaul, but she will determine if they need a completely new ordinance or not. She stated that the next meeting is March 18, which is after a new Board is sworn in. Commissioner Hay asked if we have measured the decibel levels at Monterrey. Mr. Hart stated that they have during the day, and it has measured to be in line with what is allowed. He spoke about the rules of how they measure decibel levels. Commissioner Hay said that he is okay with allowing Public Comments. Vice Mayor Kelley said that she doesn't want to set a precedent to allow Public Comment for this, when they already spoke during Public Audience. She stated that if we come back with an ordinance, it would allow for public comment. 9 1224 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 Commissioner Hay said that he understands, but would like to know which end of the spectrum is the most problematic. He mentioned that they can make an exception. City Attorney Lamb stated that this is a discussion item and that they can have a Public Comment portion when they come back with an Ordinance. Mayor Penserga said that the majority of the Board has decided to allow Public Comment. Beth Stanzone, Monterrey resident, stated that most recently, they had very loud pounding, and that she had to go try to talk to the construction company to mitigate the noise issue. She said that they have pieces of construction that over exceeds the decibel levels, it is not all the time. Amelia stated that this has been going on for eight months, and that they need help sooner than later. She said that they need some kind of relief today, not later. Mayor Penserga stated that direction has been given to staff. Assistant City Manager Temple clarified the direction that was given to staff for a Code change. Commissioner Cruz said that the purpose is to not allow construction to happen after 8 P.M., and removing the exception. Commissioner Turkin stated that he is okay to come back to for a special meeting if they need it. Mayor Penserga said that this is a draft. Commissioner Cruz said that it should only be when it is adjacent to residential areas, not for other areas. Commissioner Turkin said that the Board should be able to make changes, but without causing an issue where it doesn't affect residents. Commissioner Cruz reiterated her direction and said that this is very specific in the Code. 8. Public Hearing Commissioner Turkin left the dais at 7:33 P.M. Commissioner Cruz said regarding Items 8A that she has not had any ex-parte communication, has not received written communication, has not conducted an 10 1225